MARCH 25, 2003 AGENDACITY COUNCIL
WA Y R WEYEXA E OBERND RF A Large
'ICE 414 YOR L 0 CIS R JO VES Bayside Dismrt 4
HA RR } E DIEZ EL Kempsi ilie District 2
W R 4 RET L E'C'RE Celven dle District 1
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LESLIE L LALEY C in 41rorncv
RI TH HOD(iES WTH k1MC Ic rk
CITY OF VIRGINIA BEACH
"COMNIUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
25 March 2003
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I CITY MANAGER'S BRIEFINGS - Conference Room - 2 oo Phi
1 T STREET PROJECT
E Dean Block
Director ofPublic Forks and Projc t Manager
Bruce Thompson, Developer
TOE CENTER PRASE 11
Steven T Thompson, Chief Financial Officer
fI REVIEW of AGENDA ITEMS
III CITY COUNCIL COMMENTS
N CITY COUNCIL INFORMAL DISCtiSSION
Virginia Beach School Board FY2003-2004 Budget Request
INFORMAL SESSION - Conference Room - 4 30 PSI
A CALL To ORDER -Mayor Meyera E Oberndorf
ROLL CALL OF CITY COLJN IL-
B RECESS To CLOSED SESSION
If VI FORMAL SESSION
I:
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11
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CALL To ORDER - Mayor Me rera E Oberndorf
INVOCATION Reverend Tommy Taylor
London Bridge Baptist Church
-Council Chamber - 6 00 PSI
PLEDGE of ALLEGIANCE TO THE FLACK of THE UNITED STATES OF AMERICA
ELECTRONIC TOLL CALL OF CITY COUNCIL
CERTIFICATION IFI ATION of CLOSED SESSION
F MINUTES
1 INFORMAL AND FORMAL SESSIONS
WORKSHOP AND CLOSED SESSION
AGENDA FOR FORMAL SESSION
H MAYOR'S PRESENTATION
TION
1 RESOLUTION - J P Godse r - "Happiest Man in America"
I CONSENT AGENDA
March 119 2003
March 18, 23
J PUBLIC HEARINGS
1 AGRICULTURAL RESERVE PROGRAM (ARP) - 1884 Pleasant Ridge Road
2 EXCESS PROPERTY - Princess Anne Road and Concert Drive re LifeNet
K ORDINANCES/RESOLUTIONS
1 Ordinance to AUTHORIZE E the acquisition of Agricultural Reserve Preservation P
easements and issuance of contract obligations for 77 6 acres at 1884 Pleasant Ridge load
from Nelson E and Kay S Morris for $234,256 (Installment Agreement 2 3- 3
(DISTRICT 7 - PRINCESS .NrN
Ordinance to DECLARE EXCESS PROPERTY on a parcel of land at Princess Arne
Road and Concert Drive, and AUTHORIZE the City Manager to convey this property to
LYfeet
Ordinance to AUTHORIZE a temnoraty encroachment into City -owned property in behalf
of R BERT L SNYDER (Pontiac Arms Apartments) re constructing and maintaining np
rap, an existing bulkhead, dock and wharf into Rudee Inlet at 10 1 Cypress Avenue
(DISTRICT 6 - EACH
4 Ordinance to APPROPRIATE $45,000 from the General Fund for an interest -free loan to
'v is Corner Reseue Squad re ambulance replacement
Ordinance to APPROPRIATE S48,000 from the Police Sen!ices Fund and S95,000 in
interest from Police Department accounts to the FY 2002-03Operating Budget re
replacement of service weapons
6 Resolution to support Hampton Roads Transit (HRT) to their application for federal funds
for a study re implementation of a Bus Rapid Transit (BRT) system in the Resort Area.
7 Virginia Department of Transportation (VDOT)rc Holland Road, Phase VI Project
a Ordinance REQUESTING establishment of the nght-of-way bet Teen Pleasant
Acres Drive and Christopher Farms Drive as an underground utility comdor
b Resolution REQUESTING VDOT aqulre the necessary rights -of -way for Holland
Road Phase V1 with conveyance to the Citv
Resolutions REQUESTING G acceptance by the Virginia Department of Transportation
a An additional 16 08 lane miles of new streets for Urban Maintenance Payments
b An increase of 160 lane miles of arterial and local collector streets to the inventor
for Urban Maintenance payments
L- PLANNING
Ordinance to further EXTEND the date for satisfying conditions approved March 26, 2003,
for the discontinuance, closure and abandonment of portions of Morris Avenue and Katie
Brown Drive in behalf of the United Jewish Federation of Tidewater Enterprises
Application of TIDE HOME DEPOT USA for a fonditional Use Permit re bulk storag e
for outdoor drive -through seasonal sales at 2020 Ly-miliaven Park -way, containing 1
acres (DISTRICT 1 - ENTERVILLE
Recommendation APPROVAL
Request for a Variance to Section of the Subdivision Ordinance that requires all
newly created lots meet all the requirements of the Cit Zoning Ordinance(CZO)for Guy
R. Rogers, at 4101 Thalia Drive (DISTRICT 5 — LYN HAVE'
Recommendation APPROVAL
Applications of Quarles Petroleum, Inc on the northwest corner ofWesley Dnve and
Potters Road, containing 36,285 48 square feet (DISTRICT 6 - BEACH)
a re Change ofZonrng District Classification from 0-2 Office District to
Conditional 1-1 Light Industrial Distnct for light industrial land use
b re Conditional Use Permit re automobile service station
Recommendation
APPROVAL
L
5 Applications of WEST NECK PROPERTIES,, INCat the northeast corner ofWest Neck
and Indian River Loads 1 2 West Neck Road). . containing 87 215 acres (DISTRICT 7 -
PRfNCESS ANNE)
Variance to Section h of the Subdivision Ordinance re the thirty -foot
minimum pavement width for intenor streets
b Chanjee of Zonin2 District Cl rssr cation from AG-1 and 4,G-2 Agricultural to
Conditional R-15 Residential
e Conditional Use Permit re open Space Promotion
Deferred January 22 22
February 5, 202
March 5, 2002
March 26, 2002
April 9, 22
May 14, 2002 (indefinitely)
l
6 Applications of CarMax Auto Superstores, Inc (DISTRICT 3 —ROSE HALL)
a re Discontinuance, closure and abandonment of a portion of Rodriguez Drive 200
feet south of Bonney Road, containing 7 405 20 square feet
b re Discontinuance, closure and abandonment of a portion of Wagner Street south of
Bonney Road, containing 7,5 20 square feet
c re Chane of Zonine District Class ca io _frorrl I-2 Heavy Industrial Distnct,
Conditional 1-2 Heaw In ustnal District and -2 Communit ' Business District to
Conditional B-2 Communitv Business District for retail commercial land use
containing 21 5 acres
d re Conditional Use Permit re motor vehicle sales on the south side of Bonney Road,
west of Chestnut Avenue, containing 21 5 acres
Recommendation APPROVAL
Application ofMichael D Sifen, Incre Change`Zoning District lassi ion from
R-5D Residential Duplex District to Conditional I-1 Light Industnal District for light
industnal land use on the west side ofCenterville Turnpike and Kempsville Road,
containing 6 724 acres(DISTRICT 1 - ENTERVIL-LE
Recommendation
APPROVAL
Application of 1 o •al Court, Inc re Change of ZoninE Distria Classification from AG-1
Agricultural I rstnct. AG-2 Agneultural District and R-20 Residential District to R-51)
Residentlal I uDlex I i tnct with a PD-H2 Planned Unit Development I istn t for
residential land use (not to exceed 6 dwelling units per acre) on the north side of Princess
Anne Road and Crossroads Trail, containing 9 963 acres (DISTRICT 7 - PRINCESS
NNT
Staff Recommendation DENIAL
Planning Commission Recommendation APPR V AL
Application ofLake Gem, LLC, re Chanze of Zoninz Disfrict Classification from l -2
Communitv Business District to Conditional A-18 AD rtment District and Conditional -
Co unity Business District for retail commercial land use and multi -family residential
land use (not to exceed 12 units per acre) on the southeast corner of Nimmo Parkway nd
Upton Dave, containing 18 58 acres (DISTRICT 7 - PRINCESS ANNE)
Recommendation APPROVAL
10 Ordinance to AMEND § 901 of the City Zoning Ordinance Z re allowing Public or
Private Colleges or Universities as permitted principal uses in the -, - , B-3 h, and -
usiness Districts
NO ACTION NECESSARY
M APPOINTMENTS
PARKS AND RECREATION COMMISSION
VIRGfNIA BEACH COMMUNITY DEVELOPMENT AUTHORITY (CDC)
UNFINISHED BUSINESS
o NEW BUSINESS
ABSTRACT OF CIVIL CASES RESOLVED - February 2003
2003 Time Resource Management Schedule
April 1 6 00 pm
April
pnl 15 3 00 Pm to 6 OOpm
April 22
April 24 2 00 prn to 5 00 pm
April 24 6 00 p
Apnl 29
May 1 2 00 to 5 00 pm
May 1 6 00 Pm
May
Mav 13 6 00 pm
Agenda 031 5103 st
vo w vbgov com
Presentation to City Council of FY 2003 04 Proposed Resource urce Management
Schedule
Fc norruc Vitalitv and Cultural and Recreational Opportunities F 1P WOTkshop
Quality Education and Lifelong Learning RMP Workshop
Quality Organization RMP WOTkshop
Safe Community RIMP Workshop
Public Hearing Proposed FY 2003 04 Resort Management Planning Kellam
High School 6 00 P
Qualitv Physical Environment
Family and Youth opportunities R-MP Workshop
Public Dearing Proposed FY RLsort Management Planning Citv Council
Chamber - 6 00 P
Reconciliation Workshop
City Council ADOPTION FY 2003 04 Resort Management Plan
0tv Council, in trying to be more responsive to the needs
of citizens who attend the meetings, has adopted
the following time limits for future Formal
Sessions
Applicant or Applicant's Representative
10 Minutes
ttornv or representative for Opposition
10 Minutes
Other Speakers each
3 Minutes
Applicant's rebuttal
3 Minutes
THF" F T1 F S Wit i BF STRICT1. V AD11FF FD T
If you are Ovsically disabled Or visu liv impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at427-4303
Hearing impaired, call TDD only427-4305
TDD - Telephonic Device for the Deaf)
'�Z_ 01-17
jKsoolu#tarn
CERTIFICATION of CLOSED SESSION;
VIR I IA BEACH CITY COUNCIL
WHEREAS The it ins Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative ative vote recorded here and in accordance with the provisions ofThe
Virginia Freedom of Information Act and
WHEREAS Section 2 2-3712of the Code of Virginia requires a certification by the
governing bo v that such Closed Session was conducted in conf r iq! with Virginia Law
NOW, THEREFORE, BE IT RESOLVED That the Virginia Beach City;. Council
hereby certifies that to the best of each mem er's knowledge, a only public business matters
lawfully exempted from Open Meeting requirements b + Virginia Law were discussed In Closed
Session to which this certification resolution apples and (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
L.onsid red bv Virginia Beach C1tv Council
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WEEDS The Chy of Virginia Beach is the largest czjDv in the Commonwealth
of Virginia with close to one-half million residents
WHEREAS In 1607 the first settlers were to discover land after a long and
arduous journey through all kinds of weather however upon their landing on the shores of Virginia
Beach at Cape Henr � they. were forces! to move inland to Jamestown for fear of the Spanish ships
offshore the lack offresh water and thepresence ofpeople they did not know
WHEREAS Had thefirst settlers remained at Cape Henry they wouldhave been
very lse to fired their fears of war would have been unfounded thej would have discovered a plea!: of
freshwater and the Indians would have been no greater a threat than they, were ire Jamestown
WHEREAS Virginia Beach is the lamest resort cio in the world 1rr vinggrown
from a small col nand, to a town stalls and then u small city before merging with the larger
agricultural area known as Princess Anise County by charter~ as a crl�r of the first class on January- 1
1 ?,
WHEREAS It is known that happiness is almost anything we want to be -
or anything we want to hold dear to ourselves Truly happy people can actually use psychological tools
they th em selves possess to deal with adversiV loss erne*rgency situations or strenuous circumstances
Every health professionals will agree that happiness is a key contributor to our well being and overall
existence, and
WHEREAS USA Weekend jl eigaunecreatedthe Utimate Happiness Challenge
erred set out to discover first the HAPPYCITY and there the 'HAPPIEST PERS 'Y IN AMERICA
After numerous tests subjectit a surveys, computerizing statistics for thousands ofto nation wide that
truck qualio of -life issues Virginia Beach was drscotered Their next challenge was to firm theperson.
With twenty candidates to screen J P Gus Godsej was discovered He met all the criteria and was
described as 10 gallons of happiness in a 5 gallon bag happy in that big genuine Southern
ay
NOW, THEREFOR& BEITRESOLVED That the City Council as
the governing booty of this HAPPY CITY sloes hereby declare this T emy ift day of March Two
Thousand Three as
KA PPIIYESS IS J P "'Gus" GODSE Y D
and cull upon the citizens of Virginia Beach to be HAPPY lose generously and reflect upon our Heritage
with much anticipation for the future as a Comm unny- For A Lifetime
D OPTED by the Ve hers of F irgrre ra Reach Cite Council this 75 * day of `' arch 2003
THE BEACON Sunder March 9 2003
NOTICE Or PUBLIC HEA'RiNG ON THE EXE'CUTjQN AND DELIVERY
OF INSTALLMENT PURCHASE AGREEMENTS FOR THE
ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY
THE "'TY OF VIRGINIA BEACH VIRGINIA
Noti"v is -i&-reby giver that the City Council of the City of Virginia
Beach Virg nia will #fold a Public Hearing witr respect to the execu
t on and delivery of Installment Purchase Agfeemerts fot the acquisi
t-on cf agricultural land preservation easements with respect to lands
ocated jr Pieria-t Ridge Road in tte City of li rgin-a Beach Virginia
pli'Suar,41 *o Ordinance No 95 2319 known as the rlrultural I arias
Preservation Ordinance w'^irh establishes ar agncultural reserve pro-
grarr for tree sowhern portion o` the Cit} oesignater, io (a) ptorrote and
encourage 'he preserratlor a' farmland W, preserve oiler spaces a+'C
The area s rural-haractcr c i conserve and protect ervironmen`ally
SF'-5 tI"e resou-ces id; raouce and Geier Lhe need for rrrator InIra Strt L
tire mprovenients and the expenditure of public funds fof such
ir-prov-rierts and iei assist in shaping the character dtrec*io^ and
t-m-ng of ccrnrnur lty devalepmerit Such easemen*s will be our
cnasec pursuan• to Installment Purchase Agreements for ar etti
crated Inaximurr purnase p,,i-e of 34 256 The City s obl-gation to
pay the o- rchase price uncer the I-stallment Purchase Agreements is
3 Eaneral obligation of ,he City and the full faith and credit and the
ur irt-r-ed taxing power of the Crty will be Irrevocably pledW *o the
punctua, pa;rment of tree purcrose pn% a and the interest on the unpaid
pri--c pa Bala -ice of the purchase pnce as and wohen the sarne resper
tival+r he-cme due and payable The Puhl c HearwC which may ba
corrinuea of adarurned w It be head by the City Council on March 25
: 3 a- 6 0-' o m n the City Council Chamber located Cris the 2na
floor of Me City Full Builaing 2401 Courthouse Onve Virgin a Beach
Virgin a knv persor- interested tr this matter may appear and be
rira-o
CITY OF VIRGINIA BEACH V,RGINIA
J*irtF Hodges Sm-lh VIVIC
City Cierk
beacon Marrr 9 and March 16 20-33
THE BEACON Sunday, March h 16, 2003
Pursue Hawfle
"U of r PROS
The Vqm Beach City Coungll wi,11 hold a PUBLIC HEARING on the
disposhlort and eels of a 22 39± wns undeveloped city omperty to
WeNet which is currently pest of a 96 75# acre peroel known as
OPIN 148&73-7187 Tuesday March 25 2003 at 6 00 p m in the
Council Chamber of the Cry Hall 1300 ng (BuildIng 01) at the Virgmia
Beach Mu qml Center l Inia Beach V1 inia Parcel 4 known as
the Pl�TuMse Peel is 15 $ # acres Parcel 5 known as the Option
Parcel ,s 6 5T± acres and M adjacent to Parcel 4 Both parcels are
located in the mKOearst quadrant of Princess Anne Road and Concert
Drhm The purpose of this hearing will be to obtain public input to
determine whether this property should he declared Excess of the
City s needs and conveyed to LtfeNet
If you are physicaliv disabled or visually tmpaired and need es is-
tfm attNs meeting please call the CITY CLERK B OFFICE at
427-403 Heanng Impaired call TDD only 427-4305 JDD Tele.
phone Devr for DeaO
Ariy quests nonce ing this matter should be directed to the Office
of Real EMM 130ding #2 Room 392 at the Virginia Beach Munic+
pal Center The Real Estate Office telephone number is
(757)427-4161
Ruth Hodges Smith MMC
City Clerk
Beacon Mamh 16 2003 10205357
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM An Ordinance Authorizing the Acquisition of an Agricultural Land
Preservation Easement and the Issuance by the City of its Contract
Obligations in the Maximum Amount of $234,256 (Property of Nelson E and
Kay S Morns)
MEETING DATE March 25, 2003
a Background In May, 1995, the Agricultural Lands Preservation Ordinance (the
"Ordinance") ws adopted by the City Council for the purpose of promoting and
encouraging the preservation of farmland in the rural southern portion of the City lender
the Agricultural Reserve Program established by the ordinance, the City purchases the
development rights of eligible parcels of land, leaving the fee simple ownership of the land
unchanged These purchases are embodied by perpetual agricultural lend preservation
easements pursuant to which only agricultural uses, as defined ,n the Ordinance, are
allowed on the land
The subject property has been appraised by an independent appraiser retained by
the City The appraiser has determined the fair market value of the property, based upon
eighteen (18) comparable sales From the fair market value the value of the development
rights has been determined by subtracting $900 per acre, which has previously been
established as the farm value (i e , value of the land restricted to agricultural uses) for land
throughout the southern rural area of the City The resulting amount is the value of the
development rcghts of the property
All offers by the City to purchase the development rights to property are expressly
made contingent upon the absence of any title defects or other conditions which, in the
opinion of the City Attorney, may y adversely affect the City'City's interests and other standard
contingencies
■ Considerations The subject property consists of two (2) parcels of land having
approximately 80 6 acres outside of marshland or swampland 1t is owned by Nelson E
and Kay S Morris Under current development regulations there is a total development
potential five (5) single -tamely dwelling building sites one (1) of which would be reserved
for future development Thus the preservation easement acquired by the City would cover
approximately 77 6 acres The site, which is shown on the attached Location Map, is
located on Pleasant Ridgy Road in the District of Princess Anne The proposed purchase
price, as stated in the ordinance is $234,256 This pace is the equivalent of approximately
$3,019 per acre of easement acquired
The terms of the proposed acquisition are that the city would pay interest only for
a period of 25 years with the principal amount being due and payable 25 years from the
date of closing The interest rate to be pared by the City will be the greater of 4 75% per
annum or the per annum rate which is equal to the yield on U S Treasury STRIPS
purchased by the City to fund its principal obligation under the Installment Purchase
Agreement not to exceed 6 75% without the further approval of the City Council
The proposed terms and conditions of the purchase of the Development Fights
pursuant to the Inst llment Purchase Agreernen , including the purchase price and manner
of payment, are fair and reasonable and in furtherance of the purposes of the ordinance
■ Public Information The ordinance has been advertised by publication in a
newspaper having general circulation in the City once per week for two successive weeps
0 Alternatives The City Council may decline to purchase the development rights to
the property
N Recommendations Adoption of the ordinance and acquisition of the development
rights, assuming all contingencies are met
■ Attachments Summary of Material Terms of Installment Purchase Agreement (full
Agreement is on file in the City Attorneys Office)
Recommended Action Adoption
Submitting Department/Agency
City Manager
Department of Agriculture
� 3 s�
1 AN ORDINANCE AUTHORIZING TH-r_-,' ACQUISITION OF AN
AGRT CULTU AL LAND PRE KERV T - ON EASEMENT E' T AND THE
ISSUANCE. BY THE CITY o1F I i S CONTRACT OBLIGATIONS IN
THE MAXIMUM PRI C.I PAL AMOUNT of $234,256
WREREA , pursuant to the Agricultural Lands Preservation
Ordinance ( tl-e "ord i n a r ce ") , AoiDe-ida-x J of the Code of the
7
City of Virginia Beach, there has been presented to the City
Council a request for aporoval of an Installment Purchase
Aareement (tile form a�rd standard provisions f which have been
10
rreviously approved by the City Council, a summary of the
11
material terms of l-ich is hereto attached, and a true copy
12
oL whicl-- is on file 1r the C1t-y Lttorgev' Office) for the
13
acqul It on of the Development -- ghts as defi-ned it the
14
Installment Pul-&iase Aaree�ent) on certain property located in
15
the City and more fully described in Exhibit B of the
16
Installment Purchase Agreement for a purchase price o
1
$2 4, 5 , ard
18
WHEREAS, the aforesaid Development Rights shall be
19
acquired t1-1r ugh tr~e uis-t on of a perpetual agricultural
20
land preservation easement, as defined In, and in compliance
21
witl', tl%e requirements of t]re ordinance, and
2
WHEREAS, the Cl ty Council has reviewed the proposed terms
23
and cor ? tions f the ur hase a videnced by the 1nstal1r--ent
24
Purchase c y-eement ,
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26
27
28
2
30
31
32
3
4
35
36
7
3
39
41
42
4
44
5
4
47
4
NOW, THEREFORE, E, DE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF TIR II IA BEACH,VIRC.3"INITk
1 The City council hereby determines and finds that
the proposed terns and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
are fair and reasonable and in furtherance of the purposes of
the ordinance, and the city Tanager or his designee is hereby
authorized to approve, upon or before the execution and
delivery of tie installment Pu-,.-c"ase Agreement, the rate of
interest to accrue on the unpaid principal balance of the
purchase price set forth he-.v-einabove as the greater of 4 7
pew annum or the oer annum ra -e which is equal to the yield on
United States Treasury T7 PS iDurrC.Iiased by the C �y to fund
such unpaid principal balance provided, however, tha � such
rate of interest shall not exceed 6 75% unless the approval of
the city council by resolution duly adopted is first obtained
The city onca-1 hereby further determines that
funding is available for the acquisition of the Development
Rights pursuant to the Installment Purchase Agreement on the
terms and condition yet ford therein.
3 The City Council hereby expressly approves the
Installmert Purchase A reeTent and, sub-leot to the
determination of tte city Attorney that there are no defects
2
49
in to tle to the property or otrier restrictions or encumbrances
so
thereon which may, In the opinion of the City Atto.ney,,
l
adversely a f f ect the i ty' s interests, authorizes the �.lty
52
Marager or his designee to execute and deliver the Installment
53
Purchase Agree—ent ire sub tans l ally the same form and
54
substance as approved hereby with such minor modifications,
55
insertions, completions or omissions wh{ch do not materially
56
alter the Durchase or, ce cr manner of payment, as the city
57
'anager or his designee shall approve The city council
58
further directs tie city clerk to affix the seal of the city
9
to, and attest same on, the Installment Purchase Agreement
o
The city Council expressly autl-iolr-izes the incurrence of the
61
indebtedness represented by the issuance and delivery of the
62
Installment Durhase Agreement
The City courcil hereby elects to issue the
4
indebtedness uner t' l al ter of the City rat i than
6 5
oursuant 1.0 the Public F- fiance Act of 1991 and hereby
66
constitutes the indebtedness a contractual obligation bearing
7
the full faith and credit of the city
68 Adopted
by the
Council of the
city of Virginia Beach,
Virginia, on
this
day of
, 00
3
70 Adoption re wires an affirmative vote of a ai ority of
71 all members of the City council
A8 7 9
arppuroha e morr13 morrisord wpd
-1
February 2, 200
� PPROVED AS TO CONTENT APPROVED AS TO LEGAL
su'7F CI ICY
A
r Id
Agri Iture Depart m ric La epartment
APPROVED AS TO AVAILABILITY OF FUFD
--T I , - I , " I , 't
Finance Department
4
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE 4GREEMENT NO 2003-53
SUMM RY OF M4TERIAL TERMS
SELLER Nelson E and Kay S Morris
PROPERTY LOCATION 1884 Pleasant Ridge Road
PURCHASE PRICE $3,256
EASEMENT AREA 77 6 acres more or less
DEVELOPMENT POTENTI L 5 single-family dwelling sites acquired, 1 reserved for future
development)
DURATION Perpetual
INTEREST RATE Equal to yield on U S Treasury STRAPS acquired by City to fund purchase
pace, but not less than 4 75% (actual rate to be det nnined when STREPS are purchased prior to
execution of IPA) Rate may not exceed 6 % without approval ofCity Council
TER NIS Interest only twice per year for 25 years, with pavinent of principal Niue 25 ,{ears from IPA
date
RESTRICTIONS ON TRANSFER IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one 1 year following execution and delivery of IPA
Nelson & Kai
Morris
Old
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Sale of Excess City Owned Property at Princess Anne Road and Concert
Drive to LifeNet
MEETING DATE March 2, 2003
Background After conducting a regional search and evaluation of various sites
l.ifeNet has expressed an earnest interest to the City -owned 22 39t acre site
located at the southeast quadrant of Princess Anne Road and Concert Drive
LifeNet believes that its operations together with its educational and support
services will be a perfect fit with the proposed Sentara Health Campus in the
Princess Anne Commons Area LifeNet has requested to purchase the 22 39 t
acre site which is currently part of a 96 75 ±acre city -owned parcel
Life Net, a Virginia non -stock, non-profit corporation has been in operation with 1n the
City of Virginia Beach for 20 years Although LifeNet is a nonprofit organization,
it pays real estate and personal property taxes, but does not pay BPL tax or sales
tax LifeNet is currently located in three locations in Airport industrial Park and i
unable to expand its operations in its present location
LifeNet currently employs 294 people in the Virginia Beach offices and levels are
anticipated to increase by approximately 100 over present levels within the next 30
months The sale of this site will require that the City Council declare said property
to be in excess of the City's needs
Considerations City Council has previously declared property in the surrounding
area to be in excess of the City s needs and has sold said property City staff has
reviewed LifeNet's request and has determined that the subject property is not
needed and that it is in the best interest of the City to convey the property to LifeNet
to allow this Fong -standing local business to remain in the City of Virginia Beach
Accordingly, C ity staff recommends that the 22 39± acres of the 96 75±acre parcel
be declared excess by City Council, and has no objection to its conveyance to
LifeNet in accordance with the Summary of Terms attached hereto with such other
insertions and modifications as may be deemed necessary and/or advisable by the
City Manager and may be approved by the City Attorney
As stated in the attached Summary of Terms LifeNet plans to purchase 15 82 ±
acres of the 22 39± acre site as soon a possible for a purchase price of $125 000
per acre The remaining 6 57± acres known as the "Option Parcel" will be
purchased at a later date at a purchase pace of $125 000 per acre with a annual
escalator based on the Consumer Price Index
Public Information A briefing before Council was held on January 28, 2003
public hearing as required by §15 2-1 o of the Code of Virginia was advertised on
March 16 2003 and notice of this Ordinance will be handled through the normal
agenda process Additionally, a copy of the agreement of sale will be available for
review in the City Clerks Office
Alternatives Sell the 22 39 ± acre site to Life let or retain ownership of the
subject site
Recommendations Staff recommends that Council adopt the ordinance and
declare the 22 39t acres to be in excess of the City s needs and authorize the City
Manager to convey the property to Li#eNet in accordance with the attached
Summary of Terms
Attachments Ordinance Summary of Terms Seth Plat
Recommended Action Approval
Submitting DepartmentlAgency Public Works / Real Estateq��
Economic Development
City Manage
�V
1 ORDINANCE NO
2 AN ORDINANCE DEC ARENIG CERTAIN
PROPERTY EXCESS AND AUTHORING CITY
4 MANAGER TO C NN'EY SAME TO LIFENET
WHEREAS, the City of Virginia Beach acquired ownership of a certain parcel ofreal
property containing 22 39- acres, located in the southeast quadrant of the intersection ofPrincess
7 Aisne Road and Concert DnFe (GPIN 1--18 in the City f Virginia Beach, Virginia, (the
Property) recorded in Deed Book 10 19 at page 4 7,
WHEREAS, L-if ' et a Virginia non- stock corporation LtfeNet" has requested that
10 the City convey the Property to Life' et on the ter is and conditions set forth in the attached
11 Summary ofTerms, and
12 WHEREAS, the City Council is of the opinion that the Property 1s in excess of the
13 heeds of the City of Virizinia. Beach and should be sold to Lif Nt
14 NOW, THEREFORE BE IT ORDAfNED BY THE CGL�FI iCIL OF THE CITY OF
15 VIRGfNIA BEACH, VIRGINIA
16 1 That the following described Property is hereby declared to he in excess of
17 the needs ofthe Clty of V1T in Beach and that the City Ma►nagcr �s hereby uthon e i to conve the
18 said Property to LifeNet on the terms and conditions set forth in the attached Summary of Terms
19 411 those certain lots, pieces or parcels ofland situate in the City of
irginia Beach V1rgi nxa, and designated and desc ribed a "PARCEL
21 4 (Purchase Parcel) Area= 15 82 Acres' and PARCEL 5 (Option
22 Parcel) Area =6 5 7 Aci es" as shown as on the attached plat entitled
23 "EXHIBIT SHOVING EXCESS PROPERTIES TO BE
4 CONVEYED TO LIF'ENET BY THE CITY OF VI GMA BEACH,
25 VIRGINIA," dated Januar f 13 2 00 3, Scale I " —2 00'
26 2 That the purchase price for 15 82± acres of the Property also known as the
7 Purchase Parcel", will be calculated at $125,000 per acre, which purchase price shall be prorated
28 for any hart of an acre conveyed
29 3 That the purchase price of the remaining 6 57± acres ofthe Property, also
0 known as the Option Parcel , will be calculated at $125,000 per acre, which purchase price shall
1 be prorated for any part of an acre conveyed and shall include an annual escalator fused on the
32 Consumer Price Index
That the Property shall be c nveved subject to all restrictions and easements
4 of record and subject also to the Summary ofTerms attached hereto, with such other insertions and
35 in drficatr ns as may be deemed necessary and..'or ads i able b � the its{ Manager and may b
36 approved by the City Attorney
7 5 That the City Manager is hereby authorized on behalf of the City a t
38 develop are agreement ofsale in substantial conformity with the attached Summary- ofTerms, with
39 such other insertions and modifications as may be deemed necessary and/or advisable by the City
40 Manager and approved by the City Attorney, and all other documents necessary to carry out the sale
41 of the Property to L1f'eet, and b to execute and deliver such definitive transaction documents so
42 long as such documents are consistent with the attached Summary of Terms are deemed ne ess r-{
43 a ncUor advisable by the City Manager to carry out the sale of the Property to L-ifenet and have been
44 ippr ved by the City Attorney
4 5' This Ordinance shall be effective fl ni the sate of its adoption
46 Adopted by the CounclI ofthe City of Virgirua Beach, Virginia, on the day of
47 92003
48 THIS DRDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE -FOURTHS OF
49 ALL COUNCIL MEMBERS ELECTED TO COUNCIL
0 CA-8660
1 PREPARED February 28 2003
2 -
APPR►'FD AS TO CONTENT
"'r-
PWAL WorkslReal Fs6le
APPROVED AS TO
LEG SITFFICIE
La w Departm Ln t
H lExcess'd-j feN et l i fenct ord wpd
SUMMARY OF TERMS
Seller City of Virginia Beach (the City')
Purchaser LifeNet, a Virginia non -stock corporation LifeNet"")
Prperty A.pprximately 15 82 acres of a 22 39 acre tract to be sold to LifeNet The 22 39 acres
tract 1s located to the southeast quadrant of the intersection of Pnncess AimeRoad and Concert
Dnve The 15 82 acre parcel (the Pr pertv' is located at the easteni end of the tract which does not
fi ont Princess Anne load
Purchase Price Property Purchase price shall be 1 ,If ae A deposit f shall be
payable within 10 days of the execution and deliveni of a definitive Agreement ofSale
Option Parcel LifeNet et ill have a ten-year option to purchase the remaining 6 7 acres ofthe 22 39
acre tract If LifeNet elects not to continue the annual deposit for the Option Parcel after year 5 asset
forth below, the option wiII terminate and Lifel et wi11 have a right offirst refusal in years 6 through
1
Option Parcel Purchase Price S125,000'ac with are annual escalator based on the Consumer Price
Index for years 1 through 5 The purchase price for years 6 through 10 w i I I be at fair ni ark et value t
be determined by3 appraisers Additionallv, a deposit of S 10 000 annually is required payable at the
begimung of each year during the term f the option The deposit is to be applied t the purchase
price of the Option Parcel if the option or the right of first re it ail is exercised The deposit will be
i etained if option is not exercised
Use LifeNet shall develop the Property and the Option Parcel only for its operations involving the
pi oc s inu ofergans and tissues for transplantation and for educational, office and support services
ind other related and :: t accessory uses
Rezoning/Development Criteria Purchase ofthe Property shall be conditioned n LifeNet
obtaining appropriate rezoning ofthe Property and the Option Parcel LifeNet et will work with the
City Planning l partment to rezone the Property and the Option Parcel to conditional I-1 zoning
The design ofthe site and the building architecture shall meet criteria agreed to bv the parties as
more particularly set forth in those proffers filed with the Conditional Rezoning Application and the
planning review process A Concept Plan is attached hereto as Exhibit
Due Diligence LifeNet shall have a ninety 9 day due diligence period after execution ofthe
definitive Agreement of Sale If the rezoning is still pending after the expiration ofthe due diligence
period, LifeNet will have the option to extend the due diligence period for a reasonable period of
time only as to the rezoning
Reverter The Property and the Option Parcel shall be subject to a reverter wherein the Citv shall
have the option to repurchase the Propertv at the sane price paid by LifeNet in the event LifeNet
fails to commence construction of Phase t improvements within 18 months after closing
Right to Repurchase in addition to the reverter the City shall have the right to repurchase any
undeveloped portion of the Pr p rtv for a period of 10 yearsbeginning on the date of convevance of
the Property The C1tv shall also have the right to repurchase any undeveloped portion ofthe Option
Parcel for a period of 10 years beginning n the date of convevance ofthe Option Parcel The City'
right to repurchase and{ undeveloped portion of'the Property and the Option Parcel may b e exercised
in the event L:ifeI et fails to develop the Property or the Option Parcel as set forth in the required
construction schedule In the event the City exercises its right to repurchase any undeveloped portion
of either the Property or the Option Pai eel the purchase price for such property{ shall be as follows
(i) as to {ears 1 through after the a quI ItIOn ofsuch parcel the pui chase price shall be the onginal
price paid b f LifeN t, and ii a to years 6 through l the purchase price shall he the onginal price
paid by L-ifeNet with an increase based on the C'PI increase from the date of acquisition of such
parcel The reverter and right to repurchase shall be set forth in the deed of conveyance of the
Property and the Option Parcel
Stormwater The City will allow L if Net to utilize the tormwater ianagement Facility (the
B1 P") to the east of Rosemont Road for L}f ' is stomiwater reeds
Closing Closing shall occur promptly following satisfactory completion ofthe due diligence and
iezoning process outlined above
2
EXHIBIT
Concept Phase Plat
WP'B A'lifenet trm wpd][
6008 0058
# 88818 v2 lifener terra sheet final 3 5-03
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EXHIBiT SHOWING
EXCESS PROPERTIES TO BE CONVEYED TO
LIFENET
BY
THE CITY OF VIRGINIA BEACH, VIRGINIA
SCALE 1"=200' JANUARY 13, 2003
PREPARED BY REVISED FEBRUARY
ROU —SIRINE ASSOCIATES, LTD.
145ksvRVEroas AND MAPPING coNsuLraris
333 OFFICE SQUARE LANE
VIRGINIA BEACH, VIRGINIA 23482
TEL (757)490-23W,&mm"mmm&--vmecom
279 2003
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Encroachment Request - Construct and maintain rip rap, existing bulkheading
existing dock, and existing wharf for Robert L Snyder, President on behalf of Pontiac Arms
Apartments, Incorporated
MEETING DATE March 25,2003
■ Background
Mr Snyder desires to construct and maintain rip rap and maintain a bulkhead, dock
and wharf that is located on city property at Lake Rudee The dock and the wharf
have been in place for approximately 25 years
■ Considerations
City Staff has reviewed the requested encroachments and has recommended
approval of same subjected to certain conditions outlined in the agreement
The Department of Public Works supports the utilization of "hardened slope
stabilization" methods including bulkheading, grouted rip -rap and rip -rap with filter cloth
to minimize and prevent soil loss along bank slopes associated with open drainage
ditch canal and lance systems These methods are successful in areas with soil types
classified as highly erodible, specifically during major rainfall events which create high
velocities and wave action along bark slopes due to high winds
There are encroachments of the same nature throughout the Shadow Lawn
Subdivision where Mr Snyder'Snyder's encroachment is located
■ Public information
Advertisement of City Council Agenda
Alternatives
Approve the encroachment as presented, deny the encroachment, or add
conditions as desired by Council
IN Recommendations
Approve the request subject to the terms and conditions of the agreement
■ Attachments
Ordinance Location Map Agreement Plat and Pictures
Recommended Action Approval of the ordinance
Submitting Department/Agency Public Works 1 Real Estate
City Manager `L 'N°r�
1 Requested by Department of Public Works
N ORDINANCOE To AUTHORIZE TEMPORJARY
ENCROACHMENTS TNTo A PORTION OF CITY
P OPER Y ON LAKE PUDEE BY P NTIA�.
ARMS APARTMENTS, INSORPOPATEDF
6 ASSIGNS AND SUCCESSORS IN TITLE
7 WHEREAS, Pontiac Arms Apartments, Incorporated, des]-r s
8 to C 0 nstru,--t and �^aintain rin rap and mair jai n existing
9 bulkheadin , an existing clock, and an existing wharf into City' s
10 property located at 101 Cypress Averue on Lake Rudee
11 WHEREAS, S, City Counci is authorized pursuant to §§ 15 2-
1Z_ 09 and 1_5 2-21 7, .^d e o f Virginia, 19 5 0, as amended, to
13 authorize a temporary encroachments upor the City' s property
14 subject to such teims and condit-lons as Council may prescribe
15 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL of THE CITY
16 OF VIF II IA BEACH, VIRGINILA
17 That pursuant to the authority and to tl-e extent thereof
18 c r tanned zr §§ 1 -0 9 and 1 -21 r7, Code of Virain.' a, 1950, as
19 amended Pontiac Arms parents, Incorporated, assigns and
20 successors in title are authorized I.-I-o constl7uct and maintain a
21 temporary encroachment for rip rap and maintain a temporary
22 encroalr-:rrent for existing bulkhading, an exist-nq doom, arch an
23 existing wharf in the City' s property as shown on the map entitled
24 "EXHIBIT PLAT SHOW-ING ENCROACHMENT of PROPOSED ED WHARF, RIP -RAP, AND
25 BULKHEAD ON PROPERTY T OF CITY of VIR INIA BEACH 1 UDEE INLET) D B
26 4386 P 1201 VI1 I' IA BEACH, VIRGINIA SALE 1"=4 ' NOVEMBER 271
27 200211, a copy of which is on file in the Department of Public Wort
28 and to which reference is made for a more particular descrIptior,
29 and
o BE IT FURTHER ORDAINED, that the tern orary neroaohment
1 are expressly subject to those terns, conditions and criteria
2 contained in the Agreement between the of Virginia Beau and
33 Pontiac Arms Apartments, Incorporated, (the "Agreement" which -i
4 attached hereto and incorporated by reference, and
5 BE IT FURTHER ORDAINED that the City Manager or his
36 authorized designee i Qereky authorized to execute the Agreement
7 BE IT FURTHER ORDAINED, that this Ordinance shall not b
38 in effect until such t1me as Pontiac Arms Aoartmert , Incorporated
39 and the City Manager or his authorized designee execute the
40 Agreement
41 Adopted by the Council of the City of Virgiria Beach,
42 Virginia, on the day of , oo
4-
4 4
salriors 'pang 1a :' i
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4
O ED AS TO CONTENT
4
�-`
SIGNATdRE
rd r oirec-81--,
1
DEPARTNENT
52
"P OWD AS TO LE
53
SUFFICIENCY rD
4
I TIC MtOANZ Y
CIN
NMC ARMS DGN M J.S PREPARED BY PW ENG CADD DEFT FEB U ZvUJ
PRFPARED BY VIRGfNFLA BFACH
CHY ATTORNTY 7 OFFICL
EXEMPTED 'lPTED FROM RECORDATION TAXES
U,'-DER STnI 8 1 -1 1 ((
AND 5 8 1-811 (4) REMIEB URSEIMENT
AUTHORIZED LT -DER SECTION ' 249
THIS AGREEMENT made this 2 1 day o f r.• & % ,, 9 2003, by and between
the CITY OF VIRGI CIA BEACH, VIRGINIA. . a rnumcipal corporation, Grantor, ` Cit ", are ,of
PONTIAC ARMS APARTMENTS, MC RPORATEi , a Virguua Corporation ASSIGNS AND
S UCC ESS0RS IN TITLE, `-Grantee". even though more than one
W I T N E S S E T H
That. V HEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land
designated and described as "Lot 1. Block 2", as shown on `+IIIAP F SHADOW LAB
HEIGHTS VI RGfN1A BEACH PRINCESS ANISE CO SCALE 1 "=100 AP RID 1 4", as recorded
M B 7, at page 14 m the Clerks Office of the CiTcult Court of the Citv of Virgima Beach, Virgmia
Wr
and being further designated and described as 101 Cypress Avenue, Virginia Beach. Virguma 2345 1,
WHEREAS, it is proposed by the Grantee to construct and mamtam bulkheading. rip
raja, existing dock, and existing wharf '`Temporary Encroachment", in the City of Virginia Beach,
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City property kno m as Lake
Rudee "'The Temporary Encroachment Area", and
WHEREAS, the Grantee has requested that the City peanut a Temporary
Encroachment withm The Encroachment Area
GPIN 2427-01-74 2
NOW, THEREFORE, for and 1n consideration of the premises n the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollaz ($1 00), ut hand
paid to the City. receipt of whuch is hereby acknowledged, the itv doth grant to the Grantee
perrmssion to use The Encroachment Area for the purpose of constructing and maintaining the
Temporary Encroachment
OF
It is expressly understood and agreed that the Temporary Encroachment wffl be
constructed and mamtalned m accordance with the la rs ofthe Conunonwealth of Vrgini and the
City of Virginia Beach, and in accordance with the ity}s specifications and approval and is more
particularly described as follows, to wit
A Temporary Encroachment into The Encroachment
Area as shown on that certain plat entitled "EXHIBIT
FLAT SHOWING ENCROACHMENT T F
PROPOSED WHARF, RIP -RAF, AND BULKHEAD
OIL PROPERTY OF CITY OF VIRGfNIA BEACH
(RUDEE INLET) D B 4388 P 1201 VIRGINIA
LEACH, VIR II IA SCALE 1 11=0' NOVEMBER
279 200211, a copy of wfinch 1s attached hereto as
Exhibit "A" and to wfuch reference is made for a more
particular descnption
It is further expressly understood and agreed that the Temporary Encroachment herein
authorized ternunates upon nonce by the City to the Grantee, and that wrthui thirty (30) days after
the notice is given, the Temporary Encroachment must be removed from The Encroachment Area
by the Grantee and that the Grantee will hear all costs and expenses of such removal
It is further expressly understood and agreed that the Grantee shall uidemrufy and hold
harmless the City, its agents and employees, from and against all clai is, damages, losses and
expenses mcludrng reasonable attorneys fees m ease it shall a necessary to file or defend an action
rlsm out of the location or existence of the Temporary Encroachment
2
It is further a press1v understood and agreed that nothing herein contained shall be
construed to enlarge the perrrussi n and authority to perrrut the maintenance or construction of anv
encroachment other than that specked herein and to the meted extent specified herein, nor to pent
the maintenance and construction of any encroachment by anyone other than the Grantee
It is farther expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard
It is Further expressIv understood and agreed that the Grantee must obtain a pernut
Wr
from the Office of Development Services Center l lanning Department prior to commencing any
construction vathin The Encroachment Area
It is further expressly understood and agreed that pr1 r to issuance of a right of way
perrmt. the Grantee must post sureties, in accordance with their engineer's cost estimate, to the
Dike of Development Services Center planrung Department
It is further expressly understood and agreed that the grantee must obtain and keep
m force all-risk property insurance and general habihtv or such insurance as is deemed necessary by
OF
the City, and all insurance policies must name the City as additional named insured or loss payee;
as pphc ble The Grantee also agrees to carry comprehensive general habihty insurance in an
amount not less than $500,000 00, combined single fimts ofsuch msurance p he r or policies The
Grantee wffl provide endorsements providing at least thirty days written notice to the City prior
to the cancellation r ternunatl n of, or Material. change to, any of the insurance policies The
Grantee assumes all resp nsiblhties and ha.bdities, vested or contingent, with relation to the
Temporary Encroachment
It is ftmher expressly understood and agreed that the City, upon revocation of sucl
authority and perrssin so granted, may remove the Ternprary Encroachment and charge the csi
3
thereofto the Grantee, and collect the cost in any manner provided by lmv for the collection ofloc al
f
or state taxes, may require the Grantee to remove the TeMporary Encroaclunent, and pending such
r removal. the City may charge the Grantee for the use of The Encroachment Area, the equivalent of
what would be the real property tax upon the laird so occupied if it xvere o-%imed by the Grantee. and
if such removal shall not be made within the tune ordered hereinabove by this Agreement, the City
may tmpo se a penalty to the sum of One Hundred Dollars 100 oo per day for each and every day
that the Temporary Encroachment is allowed to continue thereafter, and may collect such
compensation and penalties in any mariner provided by law for the collection oflocal or state taxes
IN WITNESS WHEREOF, the said Pontiac Arms Apartments, Incorporated has
caused thus, Agreement to be executed in its corporate name and our its behalf by its president, Robert
L Snyder Further, that the City of Virgmm Beach has caused this Agreement to be executed in
its name and on its behalf by its Citv Manager and its seal be hereunto affixed and attested by its City
Clerk
(SEAL)
ATTEST
0tv Clerk
op
4
CITY OF VIRGINIA BEACH
m
City Manager/Authorized
Designee of the City Manager
PONTIAC ARMS APARTMENTS, INC
f jjAr
Robert L Snyder, President
STATE OF VIRGINIA
CITY OF VIRGfNIA BEACH, to -wit
The foregoing instrument was acknowledged before me this
2003. by
DESIGNEE OF THE CITY MANAGER
GER
My Cor rrsssion Expires
STATE of VIR BINI
CITY OF VIRGINIA BEACH, to -wit
BEACH
day of I
CITY MANAGER/AUTHORIZED I
Notary Pubis
The foregoing mstntment was acknowledged before me this day of
, 20039 by RUTH Ho GBS SMITH, City Cleric for the CITY OF VIRGINIA
My Commtssion Expires
5
Notary Public
STATE OF r21, j4
CITY/COUNTY F , to -wit
r
The foregoing instrument was acknowledged before rye this day o
owu 2003, by Robert L Snyder, President on behalf of Pontiac Arta Apartments,
rtment
Incorporated
My Comnussion. Expires ,3 -61tq
APPROVED AS TO
LEGAL SUFFICjENCY
CITY A ORNEY
Rev 07 24 02
i
f � F
APPROVED AS T4 CONTENT
vl �r cwS!
UTY REAL ESTATE AGENT
Lu
0 Exhibit "A"
ESI DU AL
cn
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Of 0 LOT 2
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0 T_ 0 3. 00"00E 105 00 (E'�at)
II
0 PIN(f) 2 NAILfC4,
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40
YMARF
PROPOSED
BULKHEAD
PROPOSED
RIPRAP
t T
II x
I
,1
I I
IV
'1 10
LAKE
RUDEE
(PROPERTY OF CITY
0F VIRGINfA BEACH)
D B 4388 P 1201
GPIN 2427-01-8282
EXHIBIT
PLAT SHOWING ENCROACHMENT OF
PROPOSED WHARF, RIP —RAP, AND BULKHEAD
ON PROPERTY OF ,�,A�.TH
CITY OF VIRGINIA BEACH C3��
(RUDEE INLET) �
� .�� BRGC� W GAL �
D B 4388 P 1241
VIRGINIA BEACH, VRGINIA 1484
SCALE 1=44 NOVEMBER 27, 2002 175 oL ¢
� ���GALLUP
l' SUR"EYORS & ENGINEERS LTD
323 FIRST COLONIAL ROAD
VIRGINIA BEACH, VIRGiNlA 23454
(757)428-8132
PONTIAC ARMS APARTMENTS., INC
101 CYPRESS AVENUE
Bulkheadmg of adjacent property mer
Rip rap of adjaeed property owner
PONTIAC ARMS APARTMENTS, INC
101 CYPRESS AVENUE
Bulkheading of property o mer
ul headm of property owner and dock 1s the adjacent propertv o mers
,ro
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM No Interest loan to the Davis Corner Fescue squad
MEETING DATE March 25, 2003
■ Background
For nearly 30 }rears the City of Virginia Beach has financially assisted the Volunteer
Rescue squads utilizing several different programs In addition to providing support for
continuing expenses such as fuel, insurance and small monthly stipends to offset operating
expenses, the City has provided no interest loans for the purchase of ambulances and
squad trucks Under the loan program the rescue squads repay the City on a regular
timetable by the amount of the loan and their ability to repay based on fund drive yields
■ Considerations
The Davis Corner Volunteer Fescue squad is requesting a no interest loan in the
amount of $45,000 for the purpose of replacing ambulance Unit # 221 High
maintenance costs and decreased reliability have dictated their decision Davis Corner
Volunteer Rescue squad would like to repay the loan over a -year period, in equal
installments of $11,250 00 per year, beginning one year after the receipt of the loan
Historically this has been considered established public policy for assisting the volunteer
rescue squads
E Public Information
The public will be routinely notified via publications of the City council agenda
■ Alternatives
Thealternativetothe no- interest eityloan isthesquad'sacquisitionofa commercial
loan at a high interest rate
■ Recommendations
EMS recommends approval of this request
■ Attachments
Ordinance
Correspondence from Davis Corner Volunteer Fescue squad
Recommended mmended Action Approval
Submitting Department/Agency Department of Emergency Medical Services
City Manager � W1, F1Data1ATY10rdtnINONCOD EIdaviscornera rFwpd
1 AN ORDINANCE To PPROPF IATE $45, oo
2 of FUND BALANCE TN THE GENERAL FUND,
To PROVIDE AN ? NT E REST - F1 EE LOAN To
4 THE DAVIS C.ORNER VOLUNTEERRESCUE
SQUAD TO FUND AN M- BUL E PURCHASE
WHEREAS, S, the Davis Corner Volunt_-eer fescue Squad does not
7 present' r have adequ:a -e f-urds to purchase a replacement ambulance,
but has represented Turd -raising efforts will provide
sufficient funds to repay a interest -free loan from the City of
10 Virginia Beach of $45,000
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY of
12 IR INIA BEACH, VIF INIA
13 1 Tha � $45,000 is hereby appropriated fror the fund balance
14 in the General Fund for are lnterst-free loan to the Davis Corner
15 Volunteer fescue squad so it may purchase an ambulance, with
16 revenue increased accordingly
17 2 That this loan is to be repaid in installments over four
1 4) years, due on the 1 th day of April each year, in four (4
19 equal install-ents of $11, _5C, t-.e firs . payment shall be made o
20 or before April 1, 2004, ard the last payment shall be made on or
1 before April 1, 207
22 Adopted by the Council of the city of Virginia Beach,
23 Virginia, on the day of , 2003
24 Re u.1res are a ffj_=a t y Tie vote by a mad on ter of the members of
25 the CIty CoUnC17?
CA-883
N n ode/DavisCornerord w d
R-1
March 14, 2003
APPROVED AS To CONTENT
APPROVED AS To LEGAL SUFFICIENCY
i
AA1,lA1tAAA
Management Services w pepartment
Davis Corner Volunteer
Fire Department and Rescue Squad, Inc
4672 HAYD ROAD
VIR I IA BEACH VIRGINIA 23455
BUSINESS PHONE E (80) 480 7574
EMERGENCY PHONE 911
Febmar) 1 2003
Clhuef Edwards
Virgatia Beach Department of Elvis
1917 Arcot Avenue
irguua Beach ETA 23451
Dear Chnef Edwards
f f
_
F
This is a request for a no interest loam to replace our oldest ambulance at Davis Corner Volunteer Rescue
Squad we are looking mto getting a loan in the amount of 45 000 which we will pay back m 4 years at
equally t=allments of 1 l 250
The unit we are loolung into replacing is 221 which is a 1996 Ford 350 The umt has over 93 000 mules on
it and is in need of reply anent, Over the past 6 months, we have put around S 10 000 worth of repairs into
this unit This mcludes electrical problems, transmission problems body repairs and general maintenance
bills
We are loolnng into ordering a new vehucle as soon as we can we have already been approved for a Mite -
matching g tt to the area of $36 000 We have been talkmg to several compames and we are sure we can
get what we are looking for in an ambulance for around 0 000 - 000 The present urut 221 will b
used as a trade-m and at i s paint, we are exTected to get around $8 00 - S 101,000 The rcn iamder vn11 be
used for any radios and inst Nations and the opticorn we will be required to obtain for the unit The amount
needed for a down payment wall not be known until a total pnoe is known
t this tune Davis Corner has 2 loans through the city We are praying off 222 winch has 2 payTnents of
$10 000 left and Squad 2 which has 5 payments of $14 000 left The member s have voted that prior to
obtaui ng the loan we am requesung, that money would be taken out of the smon s account and fully pa
off` the loan for 222 T lus would only leave the Squad 2 loan and thus loan, if approved
Thank you very much for dus consideration If them are any questions or if you need any further
inf rmtion, feel free to contact me
'' - J
Judi A Baker Clu f
Davis Corner Vol Rescue Squad
.,Ig
P t Lj
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..................��"
Dedicated to Public Service
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Purchase of Police Replacement Service Weapons
MEETING DATE March 25, 2003
Background
In recent years new purchases of the current model service weapon, which has been
issued to sworn personnel since the mid to late 10s, have not net the Police Department's
expectations for reliability and functionality Police staff reviewed alternatives and determined that
there is a more functional reliable and affordable service weapon available The preferred service
weapon is lighter easier to operate under stressful conditions more durable easier to repair and
maintain, and easier to shoot This weapon is also less expensive than the current model
Beginning with the August 2002 recruit academy, a new model service weapon was issued
to recruits attending the academy These weapons wer purchased with appropriated funds in the
Police Department s operating budget Funds are designated in the FY 2002-03operating budget
to purchase the new model weapons for the current academy class which began in January 2003
The Police Department would like to replace all 870 current service weapons with the new
model and will phase in the replacement as additional general funds becomes available At the end
of this fiscal year the department will have purchased 227 of the new weapons Utilizing two other
funding sources will expedite the replacement program and reduce the reliance on the general
funds operating budget This request will facilitate the purchase of an additional 293 weapons and
holsters
■ Considerations
The Department has accrued 000 in profits from the 'Police Services Fund," which is
revenue generated by the department s COP Shop (police store) since 1994 which is available in
the fund balance of the Police Services Fund There is another $95,000 of interest funding
available from the Police Department s Property and Evidence accounts The Police Department
requests a total appropriation of $143 000 for weapon replacement
■ Public Information
Public information will be provided through the normal Council Agenda process
■ Alternatives
Use of these funds would allow the department to expedite the replacement process without
solely relying upon the operating budget This additional funding will allow the Department to
phase in the weapon replacement over fewer gears
■ Recommendations
It is recommended that city council approve this request and appropriate these funds for
use in the weapons replacement program
Attachments
Ordinance
Recommended Action Approval
Submifting Department/AgencyDepartment/Agency Police Department
City Manager Q)� 5 WIT,
F \Dat 1ATY1 rdin\N ON CODE\weaponarf wpd
1 AN ORDINANCE TO APPROPRIATE $ 4 8, 000 OF FUND
2 BALANCE IN THE POLICE SE1VIES FUND AND
8 $95,000 IN INTEREST REALIZED ED FROM POLICE
4 DEPARTMENT ACCOUNTS TO THE POLICE DEPARTMENT' S
FY 2002-03 OPERATING BUDGET TO FOND THE
PURC9ASE OF REPLACEMENT ERVI E WEAPONS
7 WHEREAS, the Police Department has chosen a different model of
service wea on for officers and does not presently have adequate
funds in their General Fund budget to purchase replacements for all
10 of their current service weaiDons
11 NOW, i 4E EF F E, BE IT DA1-NFED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, r'IIIIA
13 That $48, 0 0 0 from t)e fund balance in the Pollee Services Fund
14 and $9 , 000 in interest realized from the department's property and
15 evidence accounts are hereby appropriated to the Police
16 Department's FY 2002-03 operating budget to purchase replacement
17 service weapons, with revenue increased accordingly
18 Adopted by tie Council of the City of Virginia Beach,
19 Virginia, on the day of , 2003
20 Requite an a �� rPat� vote by a m-a
jority of the members
1 the City Counc7
CA880
I on ode *ea onord w d
R-1 - Marc 1 , 2'
Approved as to Clontent PNPPF T' ED AS TO LEGAL SUFFICIENCY
vLr-
Management Services Lair Departmen�j
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM A Resolution in support of the Evaluation of Resort Area Bus Rapid
Transit Service
MEETING DATE March 25,2003
■ Background
The City has hired Skidmore, Owens and Merrill, Inc, to conduct planning studies of the
17 1h and 1 th Street corridors As part of Skidmore s ongoing planning efforts, several
transportation concepts have been considered to promote better utilization of the resort
trolley system One concept in particular, Bus Rapid Transit has received a favorable
review from the staffs of both the city and H RT
The concept of Bus Rapid Transit is based on the existence of dedicated rights -of -way or
"busways" connecting major activity centers The busway , much like the trolley lanes on
Atlantic Avenue, provide for unimpeded travel between the activity centers Bus Rapid
Transit typically utilizes signal preemption technology and other features, such as prepay
fares, to ensure timely connections between centers The goal of Bus Rapid Transit is to
increase ridership and improve the quality of service while reducing operating costs
Examples of existing BIT systems include Los Angeles, California and Curitiba, Brazil
In light of the Councils decision to proceed with trolley lanes on Atlantic Avenue, a
significant component of a BFT system is in place HILT proposes to conduct a feasibility
study to evaluate the possibility of extending the lanes, with supporting BF T technology',
to connect with the new convention center The study will also evaluate traffic issues,
vehicle types and other related issues should the study conclude that BRT is viable
transportation solution, HFT will look to the City Council as to how it should proceed
t this time, l•-IF T proposes to seek federal transit funds, as part of the reauthorization of
the Transportation Efficiency Act of the 21 11 Century (TEA-2 I , to support the continued
study and possible implementation of the BF T system The attached resolution is intended
to demonstrate the City Council's support for HRT s efforts
N Considerations
The Federal Transit Administration is currently sponsoring a Bus Rapid Transit Initiative
to support the development of these types of systems and the supporting technology As
part of this initiative, significant federal resources have been made available to support
local efforts to establish BT systems HT hopes to take advantage of this initiative and
receive federal funding from the upcoming reauthorization process for TEA-21
N Public Information
As part of the proposed feasibility study, HILT with the assistance of city staff, will hold at
least two public hearings to solicit feedback from the community and share its findings
Should the City Council decide to move forward with the B T proposal once the feasibility
study is complete several additional public hearings would be required before
implementation
E Alternatives
Adopting the attached resolution in no way commits the City Council to a Bus Rapid Transit
system The resolution merely offers the Council's support for HT's efforts to secure
additional federal funding The dining of the reauthorization process requires H1T to
submit this request before the feasibility study can be completed Oncethe feasibility study
is complete,, Council will decide whether the proposal should proceed
As an alternative, the Council can choose to wait until the feasibility study is complete
before seeping federal assistance, however, this could reduce the amount of assistance
available for the project
■ Recommendations
Staff recommends the Council adopt the resofution and support HRT's efforts to secure
federal transit funds for additional study, and possible implementation, of B T at the
Virginia Beach resort
■ Attachments
Resolution endorsing the efforts of Hampton Roads Transit to seek federal transit funds
for the study and possible implementation of Bus Rapid Transit in the city of Virginia
Beach
Recommended mended Action Approval
r
submitting Department/Agency city Manager's office
City Managertz,
F \U ers"xwMacalil pa 4 rdr iB Tarf wpd
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REQUESTED BY COUNCIL iE iBER RICHARD A MADDOX
A RESOLUTION IN SUPPORT of THE
EVALUATION of RESORT AREA BUS RAPID
TR.A SAIT SERVICE
WHEREAS, the Virginia Beach oceanfront is a key
destinati-on for more than three million tourists and visitors
annually and provides significant economic benefits for the City,
and
WHEFES, the City o Virginia Beach has adopted
development plans along the 19-"' Street Corridor, �,o include the
construction of a Pew Convention Venter facility, and
WHEREAS, connection of the oceanfront attractions to the
Convention Center and 1 -' Street Corr-idor by providing convenient
and efficient transportation service zs critical, and
WHEREAS, improvement of the existing trolley service
which operates on Atlantic Avenue by providing improved service
schedules and frequencies and passenger information is are urgent
need of the City, and
WHEREAS, Bus Rabid Transit ;B1T system technology can
address t1lese improvements and is described as a combination of
facility, systems and vehicle iry tmer..s that convert conventional
bus service into a fixed facility transa-t service that greatly
increases its efficiency and effectiveness to the passenger, and
WHEREAS, BRT service at the oceanfront, provided through
designated travel lanes, pre -raid fare collection, specific
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passenger loading areas and other enhancements, can deliver high
quality transit service that supports the community and its goals,
and
WHEREAS, Pam ton Roads Transit HRT proposes to apply
for federal funds to suppo.rtthe r �3-hued study and posy-ile
implementation of the BRT system,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL of THE CITY
OF VIR INIA BEACH, VIRGINIA
l That the City Council supports the application of
Hampton Roams Transit (HPT) for federal funds .for the study and
possible implementation of the BRA system in the Resort Area as an
improvement to the current trolley service operation,
2 That the goals of a BRT system in the Resort Area
shall ll7�1ude a connection to -IC -he new Convention Center, the
reduction of passenger travel and wai-ting dines by a_ncreasiLng
reliability ard predictability of zhe service, the provision of
more direct, frequent and Integra �ed service and enhanced economic
development, and
3 That FRT is hereby requested to report knack to the
City Council its findings based on a proposed application of BRT
service it the Resort Area
Adopted by "-he Council of the City of Virginia Beach,
Virginia, on the day of _. r 2003
2
CA i- 7 7
wmmordres\BRTresd
March 11, 2003
APPROVED TO CONTENT
*ivy I a Pager' Of f1C
APPROVED AS TO LEGAI, SUF CIENCY
/ A
1
Qepartmer� of Law
C
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Holland Road Phase VI CIP 2-1 D T #lJ oo-1 -1 , PE--101, C-501
MEETING DATE March 25, 2003
■ Background This project is for construction of a four -lane divided highway from
Dam Neck Road to l ire mo Parkway - Phase V, a distance of approximately 2
runes The project will include aesthetic treatments, such as meandering
sidewalks, street lighting, and enhanced landscaping This project is included in the
City s Master Transportation Plan and the Regional Transportation Plan
Construction of Holland Road will greatly enhance traffic flow and improve access
to Dam Neck Road and Nimrno Parkway Phase V forthe surrounding communities
n August 15, 2001, the Virginia Department of Transportation D T held ar
Design Public Hearing with approximately 130 citizens in attendance
Approximately 70 comments were received following the meeting Of those who
responded, approximately25% expressed support for the project Those opposed
expressed concerns regarding the proposed project improvements mainly due to
property impacts and potential sound gall placement
Several meetings and discussions with representatives from the C h ris #opherFarms,
Holland Pines and Hidden Oaks subdivisions were conducted, beginning in
September 201, to clarify and address their concerns Upon careful consideration
and evaluation of all issues, City staff and VD T identified the major design
features listed below that will be incorporated into the project as aM result of these
meetings A subsequent meeting with the subdivision representatives was held to
present the design modifications Although not every request could be met due to
safety and other considerations the citizens were generally in acceptance of the
proposed modifications The following are the major design feature modifications
All potential sound walls will be placed at the proposed right -of -wary line
instead of 1n easements outside of the right-of-way
Overhead utilities will be placed underground within the right -of -ugly from
Pleasant Acres Drive to the south end of the Christopher Forms subdivision
Traffic and pedestrian crossing signals will be provided at the intersections
of Holland F oad[Winterberr r Road/Sugar Maple Drive and Holland
Road/Pleasant Acres Drive
■ Considerations Holland Road Phase VI is proposed as part of the overall
roadway network of the Master Transportation Plan designed to accommodate
future traffic demands for the City of Virginia Beach Without widening Holland
Road as designed an important corridor remains saturated
(Continued on next page)
Holland Road Phase VI (CIP 2-158) Agenda - (continued)
Currently, traffic along the segment of Holland Fad between Dam Neck and the
proposed Nimmo Parkway Phase 11 is approximately 17,000 PD, exceeding the
16,1200 VPD capacity Traffic along this corridor is anticipated to reach over 29,900
PD by the year 2018 This segment of roadway is an integral part of the City s
roadway network., serving as an alternate route for Princess Anne Road and being
a major commuter and bus route to both Kellam High School and Pleasant Acres
Elementary school Without this project traffic will continue to increase on the
existing two-lane Holland Road,congestion and degrading safety
In the roadway segment, from Pleasant Acres Drive to Christopher Farms Drive,
sound walls are being considered on both sides of the roadway This corridor i
significantly more narrow than the r maind er of the alignment, and u nd erg round1n
the overhead utilities would avoid additional property impacts to homeowners
immediately adjacent to Holland Road This will eliminate the need for the utility
easements beyond the proposed right -of -gray along the roadway corridor
■ Alternatives Do not approve the VDOT Design Public Hearing Approval
Resolution, Site Acquisition Ordinance, and Underground Utility Ordinance Without
this project, severe traffic congestion will increase and continue to back-up on
Holland Road, as well as the surroundmg roadways, thereby impacting commuters
and residential communities along Holland Road Moreover, without the approved
Design Public Heanng Approval Resolution, VDOT will not be able to continue with
the project and the City may then be requested to reimburse VDOT for projetcosts
to date
■ Recommendations Approve the major design features as presented at the
Design Public Hearing, with the modifications as proposed and authorize VDOT to
proceed with final design and begin site acquisition activities by adopting the
attached resolution, and approve the attached ordinance to establish the Holland
Road right-of-way between Pleasant Acres Drive and Christopher Farms Drive a
an underground utility corridor
■ Attachments Location Map
VDOT Design Public Hearing Approval Resolution
Ordinance to establish the Holland Road right-of-way between Pleasant
Acres Drive and Christopher Farms Drive as an underground utility corridor
Recommended mended Action Approval
Submitting DepartmentlAgency Public Works 44/1"00
City Manager k ��
"t}
I AN I RDINANCF TO ESTABLISH THE HOLLAND ROAD RIGHT-O&WA
BETWEEN PLE S4, T 4CRES DRIVE AND CHRISTOP ER F RI 'IS
DRIVE AS AN UNDERGROUND UTILITY CORRIDOR
WHEREAS, the Holland Road Phase V1 Project, C IP 2-1 DOT #U000-1 -1 , PE-
101, RW-21, C-ol , the Project, ' has been approved by City Council in order to widen the
urr nt section o f roadway between Dane Neck Road and the proposed Nimnio Parkway Phase V a t
Kellam High School,
WHER AS, the 0ty of Virgima Beach also % ishes to improve the safety. aesthetics are
reduce the property impacts to the homeowners within the Project limits,
10 WHEREAS, the Council had previously requested the Virginia Department of
11 Transportation to program this Project,
12 WHEREAS, the Department ofTransportation has adopted a policy to per % of the
13 additional costs to relocate existing overhead pnvante utility lines underground, which requires the
14 City to adopt an ordinance to establish the limits of underground utility di stn cts, corridors or areas,
15 WHEREAS, City Council has appropriated sufficient funding through the City of Virginia
16 Beach Capital Improvement Program, to pay the ity's share of the estimated cost to relocate
17 existing overhead utility lines underground
18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL of THE CITY of
19 VIRGI IIA BEACH, VIRGINIA
20 1 The Holland Road right -of -war between Pleasant Acres Dnve and Christopher Farms
21 Drive is hereby designated as an underground comdor and all new utilities shall be installed within
22 the Holland Road right-of-way and be placed underground, and
23 2 The Director of Public Works is hereb f auth nzed to execute are agreement with the
24 Virginia Department ofTransportation and the utiIity owners within the No] Iand Road right- f=%I air
25 for the necessary utiljtv relocations
26 Adopted by the Council of the City of Virginia Beach, Virginia on the day of
7 92003
0'xDMorgan'xHo11a.ndRoadPhaseV1 wpd
March 2, 20
APPROVED AS TO CONTENT
; 4 ff/1
artment of Publ
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorneys ce
I RESOLUTION FOR LOCATION AND SIG s
PUBLIC FEARING ALPPROVAL
H LLAND ROAD PHASE V1
4 WHERFAS, a Location and Design Public Nearing Public Hearing,!, 54 was conducted on
August 15 2001, in the City of Virginia Beach by representatives of the Virginia Department f
Transportation after due and proper notice for the purpose of considering the proposed location and
design ofHolland Road, Phase V1, CIP 2-1 T U00 -1 -1 , PE-1 1 W- 1, - 1 i
the Project,, in the City ofVirginia Beach, at which time drawings and other pertinent information
were made available for public inspection in accordance with state and federal requirements,
10 WHE E S, all persons and parties 1n attendance were afforded full opportunity t
11 participate in said Public Hearing,
12 WHEREAS, representatives ofthe City of Virginia Beach were present and participated in
13 said Public Heanng,
14 WHEREAS, the Council had previously requested the Virginia Department of
15 Transportation to program this Project,
16 WHEREAS, the City of Virginia Beach has, on this date, passed are ordinance designating
17 Holland Road, between Pleasant Acres Drive through to the southern boundary ofthe Christopher
18 Farms subdivision, as an underground utility eomdor and providing that all new utility facilities
19 installed within this eomdor shall be placed underground and within the right-of-way, and
20 WHEREAS, the Council has considered all such matters
1 NOW., THERFF RE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
22 VIR INIA BEACH, VIRGINIA
23 1 The location and major design features ofHolland Road Phase VI CIP -158 (VDOT
4 U0 -1 4-14 , PE-1 1, RW- 1, - 1 , as prestnted at the Public Hearing conducted on August
25 15, 2 01, and which are set forth on the Location leap attached hereto, are hereby approved with the
26 following exceptions
27 a There shall be traffic signals at both of the following intersections Holland
28 Road:.--Winterberry Road/Sugar Maple Drive and Holland Road/Pleasant
29 Acres Drive
30 b Pedestrian signals shall be provided at the signalized intersections
1 c Proposed sound harriers are to be located on the proposed ri gh t-o f-w ay lines
2 established by the Public Hearing drawings
33 2 The Virginias Department ofTransportation is hereby requested to acquire all nghts-of-
34
way necessary for this Project, and to convey said rights -of -way to the CIt r at the appropriate time
5 3 The Director of Public Works is hereby authorized to execute, on behalf of the City of
6 Virginia Beach, all the necessary utility agreements required in conjunction with acquiring such
37 rights -of -way
38 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
9 72003
1DMorgan Hollandl oadPhaseVI wpd
March 25, 2003
APPROVED &S TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
-
it J . ��fr
City{ Attorney"s ffffice
IP
Si
PROPOSED GNA'lL-,'!M%4
PLEASANT ACRES, DRIVE
PROPOSED SOUND'WA
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)CH STOPHEV
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-+- TA14RMS A
t1jr, I I -
LOCATION MAP SHOWING
HOLLAND ROAD -PHASE VI
CIP #2-158
FILE HOLL040 FW LOC NW DGN
DATE 3A%03
A L L
�� 0 1600.1 3200
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Acceptance of Streets for Urban Maintenance Payments (accepting additional
streets &corrections/deletions to the revised road inventory for maintenance payments)
MEETING DATE March 25, 2003
■ Background
The 1985 General Assembly established legislation requiring City Council
resolutions for all new streets to be submitted to the Virginia Department of
Transportation for Urban Maintenance payments and for all corrections to the
road inventory
a Considerations
The first resolution requests the addition of 16 08 lame miles of new streets which
will be eligible for urban maintenance funds beginning July 1 2003 At the
present rate of $7,887 per lame mile for local/collector streets, the city will receive
an additional $126 822 96 per year beginning in FY 2003-04 This total is based
n the current VDOT reimbursement rates
The second resolution reflects a net increase of 1 60 lane miles of arterial and
local/collector streets in the urban streets inventory This increase is the result of
the reconstruction of streets that have been added to and/or lengthened and the
deletion of streets Of this 12 lane miles are classified as arterial streets that
are being added/replaced and/or deleted/replaced to the streets inventory At
the present rate of $13 433 per lane mile the city will receive an additional
$1,611 96 per year beginning in FY 2003-04 The remaining 1 48 lane miles are
classified as local/collector streets that are being added/replaced and/or
deleted/replaced to the street inventory At the present rate of $7 8$7 per lane
mile the city will receive an additional $11 672 76 per year beginning in FY
2003-04 The combined total for additional Lanes and/or lengthened and deleted
lanes is $13 284 72 per year based on current VDOT reimbursement rates
■ Public Information
0 Alternatives
■ Recommendations
Approval
J ffahI'llant
ResolutionsG.I..)
Fonii U-1 street mLnt n
Recommended Action Approve Resolutions
Submitting Department/Agency Public Works
City Manager
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RESOLUTION REQ1JES0710 77 9E VIRGINIA
DEP7kRTMENT OF TRANSPORTATION T
CE PT ADDITIONAL STREETS FOR URBAN
MAIN7ENANCE PAYMENTS
WFEREAS,
the irgi is
Department
of Transportation
requires a Council
resolution prior
to accepting
additional streets
for urban mainte�arce oay-teats,
V H E] R E A S 1 the s tr e tS 1-sted or Exhibit (attached) have
been constructed ir accordance with standards established by the
Virginia Department of Trans ortation,
WHEREAS, the City of Virginia Beach has accepted and
agreed t --aintayn tt,ese streets, ard
144E EA , a re[)Tesler tati-re fro- the Virginia Departmert of
Transportation has %1 M ect(Od ENV a pr CITEld these streets
NOW, THEREFOPE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIPGINIA B E Cq, IR INIA
That the City Council Pereby requests the Virginia
Department of -.2ransportatiori to ascot the streets lasted on
Exhibit A which is attacbed Ier to ard ircorporated by reference,
and to begin paying urban main-.enance payments to the City o
Virginia Beach rased on the establisheci rate
Adooted by the Council of the City of Virginia Beach,
Virginia, on the -- - day of , 2003
APPROVED aS TO CCU' i E]T
TP R "ED AS TO LEGALSU F'17l IENCY
La's Deuartment
I A RESOLUTION REQUESTING THE VIRGINIA
2 DEPATI ENT OF TRANSPORTATION TATION TO ACCEPT
3 CORRECTIONS TO THE REVISED ROAD INVENTORY FOR
4 URBAN M I ITENA CE PAYMEFTS
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requires a Cou�oil resole;* lore Drir tc aceet-ng corrections/
deletions to the reprised road-nventery for urban maintenance
payments,
WHEREAS, , City personnel have ie iewed the revised road
inventory prepared by the Virginia Department of Transportation and
have determined that some iraccuraeies exist,
W4EREzkS. correct , ns z�o tie revised road inventory have
been Trade as shionvri on }Jh�b-t A 'attached) , and
T&TREAS, a re�resentatj jfe fr m the Virga-nla Department of
Transportat-en i-as :respected and approved these corrections
OTV7, TFEBEFCFE, BE IT PE 3 LVED BY THE COUNCIL F THE CITY
OF VIF INIP BE77Cli, VIRGIN!;
Thar- the City Coun ii hereby requests the Virginia
Department of Transportation to accept t1e corrections listed on
Exhibit A which is attached hereto and incorporated by reference,
and to eg-in paying urban ma-intenance payments to the City of
Virginia Bea n based on tie established d rate
do to by tie Council of ze City of Vlrgir'la Beach,
Virginia, on the day of ? 23
APPROVED AS TO CONTENT
APDROVED AS TO LEGAL SUFFICIENCY
i kza, r,
Law - Department
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WC BE
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM ordinance for Further Extension of Date for Satisfying Conditions for the
Discontinuance, Closure and Abandonment of a Portion of Morris Avenue and a Portion
of Katie Brown Drive
MEETING DATE March 25 2003
0 Background
Application of United Jewish Federation of Tidewater for extension of the date for
satisfying conditions in the matter of the discontinuance, closure and abandonment of a
portion of Morris Avenue and a portion of Katie Brown Drive Said parcels contain
29,544 square feet and 36,341 square feet respectively DISTRICT 2 - KEMPS ILLE
The street cfosures for Norris Avenue and Katie Brown Drive were approved by City
Council on November 27 2001 with nine conditions The adopted ordinance for
both Morris Avenue and Katie Brown Drive state that all conditions must be complied
with by November ember 26, 2002 or the closure of the right-of-way shall be considered null
and void By action of the City Council the date by which the conditions heeded to be
completed was extended to March 26, 2003
■ Considerations
On November 27 2001, City Council approved street closures for a portion of Morris
Avenue and a portion of Katie Brown Drive for the applicant with the following nine (9)
conditions
The City Attorney's Office e ill make the final determination regarding ownership
f the underlying fee The purchase price to be paid to the city shall b
determined according to the Policy Regarding Purchase of City s Interest in
Streets Pursuant to Street Closures,' approved by City Council Copies of the
policy are available in the Planning Department
2 The applicant must secure title to all portions of Katie Brown Drive currently
owned by the Commonwealth of Virginia (as to a portion of the cul-de-sac) and
Eugene Taylor, Jr and Anne Taylor as well as the City of Virginia Beach
3 The applicant must secure title to all portions of Morris Avenue currently awned
by the Commonwealth of Virginia (as to a portion of the cul-de-sac), Edwin B
Lindsley, William Albritton or his descendants (as to a portion of the cul-de-sac)
as well as the City of Virginia Beach
Formal written consent must be provided by the adjacent property owner on
Katie Brown Dnve, Mr Edwin B Lindsley, stating agreement to street closure
and alternative access to his property
Forman written consent must be provided by the adjacent property owners on
Morris Avenue, Mr W Leigh Ansell and Mr Edwin B Lindsley, stating
agreement to street closure and alternative access to their properties
The applicant is required to resubdivide the property and vacate internal lot lines
to incorporate the closed area into the adjoining parcels The plat must be
submitted and approved for recordation prior to final street closure approval
7 Alternative access muss be provided on the street closure plat for the properties
identified as GPIN #1467-82-7483 (Edwin B Undsley) GPIN #1467-92-1260,
1467-92-1213, 1487-92-8268 (Edwin B Lindsley) and GPIN # 1467-92-1208
(Ansel) W Leigh et al)
The applicant is required to verify that no private utilities exist within the right-of-
way proposed for closure Preliminary comments from the utility companies
indicate that there are no private utilities within the right-of-way proposed for
closure If private utilities do exist easements satisfactory to the utility company,
must be provided
Closure of the right -of -ay shall be contingent upon compliance with the above
stated conditions within 365 days of approval by City Council If the conditions
noted above are not accomplished and the final plat is not approved within one
year of the city Council vote to close the right -of -gray this approval shall be
considered null and void
The applicant has secured title from all parties noted in the conditions with the
exception of the Commonwealth of Virginia (VDOT) The applicant has reached an
agreement to acquire the VDOT interests by conveying to VDOT a contiguous strip of
land along Route 264 in exchange for the various sliver parcels it owns an the cul-de-
sacs of the streets to be closed In order to consummate the exchange with VDOT it is
necessary to record the subdivision plat which has been submitted to the city for
approval the recordation of which will dedicate to VDOT the agreed upon strip of land
The subdivision plat has been submitted to the City and they are awaiting comments
The applicant is concerned that the recordation of the subdivision plat and the
finalization of condition #9 will not be finalized by the extended deadline date of March
26 2003 and request that the time limit imposed to condition #9 be extended to May 26
2003 The applicant feels that this will allow sufficient time for an agreement with the
plat to be finalized recorded and the other aspects of Condition # 9 to be met
■ Public Information
1A
■ Alternatives
Council could reject the extension request or impose ar different date than the applicant
has requested
■ Recommendations
The title issues associated with this particular application are much more complex than
most other street closure actions involve The applicant has worked diligently to
complete the title work during the past year Staff recommends approval of the request
for an extension of the time allowed to comply with conditions to May 26 200
■ Attachments
Ordinance
Recommended Action Staff Recommends Approval
Submitting Department/Agency City Attorney 1" 1..-)4
City Manager )2 < ry"IL 47
RDINArCL NO
I AN ORDENANCE FURTHER EX i NDfNT THE
DATE FOR SATISFYING COW.LITIONS IN THE
MATTER OF THE CLORNG, VC'' TfNG AND
4 DISCONTINUING OF A P R fIO OF MORRIS
AVENUE AND A PORTION OF IATIE BROWN
6 DRIVE r'E UPON THE APPLICATION OF UNITED
JE ' ± ISH FEDERATION OF TIDEWATER
WHERE jkS, on November 7, 2001 the Council of the City of Virginia Beach acted upon
the applications of United Jewish Federation of Tidewater Enterprises for the closure of portions of
)0 mo streets as follows
11 1 A portion of Morris Avenue and
12 2 A portion of Katie Brown Drive
13 WHEREAS, on November 27 2001 the Council adopted two Ordinances to close the
14 aforesaid streets, subject to certain conditions henna met on or before November 26, 2002, and
15 N-NHEREAS onNo-vember 11, 2, the applicants requested an extension of time to satisfy
16 the conditions attached to the aforesaid street closures Said request was ar rated by the Council as
17 ORD-2.728E and the new deadline was established as March 26,'2003
18 WHEREAS, on March 25 2003 the applicants requested a further extension of time to
19 satisfy the conditions attached to the aforesaid street closures
20 PII S 1467- 1-694 ,1467- - o 146 { - - 14 1467- 2- 136, 146 -92-1 .,146 - -126
1 1467- -- ' 7 , 146 -92 - 0 14 77 - 1 -2ft909 1 7- 1- 41, 146 - 1- , 146 - 1- 4 1467 -
22 81-6853 1467- -3 146 - - 91 14 - -7 1 146 - - 4 3 146+7- - 336,1467- -9 3
3 1467- - 1 , 146 - -619 7 146 - - 141 and 146- 2-3096
l la; I -- _ { 2 ,, v
SC R OBEMMORF rrere S a TO -ICI OV HIS =-: i ecc-.=. :-: i- ,
= � a wwc--we Lr deferral mu�
we readv for Lie que t i,- jP -,
CITY CLERK B ! a - 0 t e %cf I I zc 2 tv,cu -aa -e c:ererret -c =
Lwo weeks t'-ie c� A rie Depot
CA
COUNCIL ICY EURE T-i a z w,o_. I e t qe \r- , "Ir ;iccc 'ias
a' t i cu f a r comzDary
Wx ,il e we appreciate rY-eir bust _r -, e-rpr vrgert oases and all -)f 'rose
gold th_rtas, we still w L: to r airt _r :�I-is Ci, v 1- a--
rrarrer and i� L�,c. -r -rer i- gicn �_iev aare�c� zo wren �rey care here
So I thLr-k a zwc:-weer deferral, ..f -Y-ev wiL a re -:�£) it wo-_ c: L-
apDrc ria Le
FORMAL SESSION
MAYOR OBE ND RF 0�,av %,rs :�.re E�- mp''car_cr fir ti,
Permit w wanted vcu i )—lave the rot tj-it v Lo to 'Er -
why yo-j anz a two-weEk deferral
COUNCIL LADY EURE Therc,. are -cer" : wit i `1~e operatior of z-e
Forie Depot ar-t.t~E prDpo ;e ad: i!Li r e"e
are re-lewin t-,e do .1nerts Ll-az were orioi-ali *' or-ifered and =gaff
Dust had an poorL,_;rits t ; cet tiat
c : re oeet =ally remiest l-at we defer ;t for �_wc •-ee r a--d xt -s
rry understanding zttat a to Applicant is in tm:eem r•t But arcs,', w
RANDY ROYAL For the record, = n F-a.-dv R-Dyal
F,r :.j4eeri. ri{�- S-Qr,-ices C-�Te
Ee- oL and a two -week e; �-ra1 is fi-e Irle wi-i wire wizr ^�_ ,�i }r Srzaff
drd worm ouw scTe c!dditi ~al Nord_L- n-
COUNCIL LADY EURE "' - a r, , " T je real'
t4adam Fins. ,- T n-ve for a t w -'w eL d-f real
(-n the PC�Te Deuor Ap l i c -� = ; n
COUNCIL LADY WILSON Secor-d
3
INFORMAL SESSION
MAYOR OBERNDORF 0.'ay 'vO- v dor t we ra-, e 71'e aaerc7- ::e-s
VICE MAYOR JONE i�? 1 r2.-1z Pldrn--c Ap,1ica` io- -4�:ne
C'�-:, o L USAir }cr a Use Perrr; z fci
bilk storace cr ar 'j zdoc% `"1''e- �RruQn
MAYOR BERNDORF t ` Ear e
COUNCIL LADY EURE I~cTe Depot was preseA`e a rim ei of
,ro bl er^s t',at Some of Ls feel ate -r
c rtrar�, 1-o whiaz tie croffers were
TY-e ' t-a ire -io: i p sore people s c-i:;irl� - !:�,cer ion} s zew r s o-- J-e
land ir~ fro-,:: of t'e b-j-1 ira ac- ordin '�O L-e prr-ffers, et cetera
" two ot'1er -nodif atl ~r s �I-eay �,a-re repeated'v a o'f is m � n �r 'a-
t.1-P sales ir-ems ouz and t-,e`r "ia'r{' clut Bred =l it f ror't of the
buildiro a Lot
Sc : have Szatf loo in Wiz. tic -se profferie C:.' v Clerk was {1 it
er^a �' to gez t1-ose criairial pronoscils and ,:�sff is ',cz-::�;=er =t , icl
sc we -ray -- I wo id lice zo ,ia,, a two )-week deferral o- t,is}
that we ,- -i k-a-e a c 1 ea r -a--ders !�andi -ibecause we re o=1- z "a --
to prebabiv add a ocpdaior- to this i- crder to olle-iaLe t-ie
� r , "rs t'ia- w cilre eyoeri iced and -1-e pro-r-iscs taf I-ave beer
mace carat na-e r'cr oeen Z;_1- f11 - o
()c, if 7)urc1i 4%-- 7 1 ��' � 14.; `?e-z sa :Ie --r w ,Rff zr
7 o of % z--s L : e:�-r zcc ,. c: i -r1 3r�-ne is-e r s } ises Ea ra -e
f c R -
I E MAYOR JONES ;firy dcn z� we cull it 0-en so voa ca-
1 it L ,at
Virginia Beach Cxty Council
March 11, 2003
00 p M
CITY COUNCIL
Me 'era E ire--d^r Val,rcr
r a e
V-- ce Ma-,Yor Loj:s F Jcnes
a v s i d e Listr -- 4
Harr- 7� Die e
WeTP-S e 1�p �--t
t�ar�,aret � F-re
Cer'--2 1=? e - l � r�.�
Reba t' (--larar
Pose L-al= - Dis--rig. 3
Richard ;k Ha id x
Beach - Distr:�.-
Jim peeve
�:Iri-�r:ess L-re - L.lstr-c.
Peter ChTl t
A ---La_
Pcn V ' l arueva
:-,arae
R.-seTar-; WI--LS 0 ri
At-Lar e
James L '''cod
Lvn n�-aver - .�1strict
CITY MANAGER
CITY ATTORNEY
CITY CLERK{
STENOGRAPHIC REPORTED
Ja` eS2 i P c re
Le lie T .---e
Rut`- Hodges f3ni �-, MM%'-
VERBATIM
Planning Appli ati.n of House Depot, USA
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ne nome -.LEV
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Gpin 1485-06r1465
ZONING HISTORY
1 Modification of Proffers R- D Residential District to Conditional B-2
Community Business District) — Granted -2 -01
Conditional Use Permit (fuel sales) — Granted 9-2 -01
Change of Zoning R- D Residential District to Conditional B-2
Community Business District) — Granted6-22-99
Change of Zoning R- D Residential District to Conditional B-
Community Business District) - Withdrawn5-28-96
Change of Zoning R- D Residential District to Conditional B-2
Community Business District) — Denied4-9-96
3 Change of Zoning R-D Residential District to Conditional B-2
Community Business District) —Granted7-14-98
4 Modification of Proffers —Granted 2-29-96
Change of Zoning (R-5D Residential District and 1-1 Light Industrial District
to B-2 Community Business District) —Granted 7-11-95
//te�rr ;
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4.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM The Home Depot D S A, Inc — Conditional Use Permit
MEETING DATE March 25, 2003
■ Background
An Ordinance upon Application of The Home Depot U S A ,Inc for a Conditional
Use Permit for a bulk storage yard at 2020 Lynnhaven Parkway (GPIN
14850614fi5) Parcel contains 13 93 acres DISTRICT 1 — CENTERVILLE
The purpose of this request is to provide an outdoor area (bulk storage) for
drive -through seasonal sales, adjacent to the existing garden center
This item was deferred by the City Council on March 11, 20
■ Considerations
Thorn is an a «ting 110 9 079 square foot retail center and 22,453 square foot
garden center on the property The site is currently zoned B-2 Community
Business District
The applicant is requesting to expand the outdoor garden center with a
permanent enclosure (bulk storage area) of 68 feet by 148 feet on the southwest
side of the site to accommodate seasonal sales This area will become a drive -
through facility that will enable customers to pay and load merchandise directly
into their vehicle at this location
Architectural elements include a knee wall with a back facade to match the
existing retail structure Exterior Insulation Finish System (EIFS) columns with
prefmished metal caps will be spaced periodically with the same color scheme
(beige) of the existing building A dark green vinyl coated chain link fence
beginning at the top of the knee wall and reaching eight (8) feet in height will
connect between the brick columns
Staff has worked diligently with the applicant, and has, in Staff'
opinion, found a design for this storage seasonal sales area that
meets the needs of Horne Depot and satisfies the intent of the Retail
Design provisions of the City Zoning Ordinance The proposal was
modeled after a similar facility at the Horne Depot property on Virginia
Beach Boulevard
The Home Depot
Page 2 of
The Planning Commission placed this item on the consent agenda because this
is a compatible addition to an existing use, will not impact parking, and will help
prevent future inappropriate use of the parking area for seasonal display and
sales Staff recommended approval There was no opposition to the request
■ Recommendations
The Planning Commission passed a motion by a recorded vote of 9-0 to approve
this request with the following conditions
The perimeter of the bulk storage area shall be limited to the 68 foot by
148 foot area depicted on the submitted plan entitled "The Home Depot,
Princess Anne and Lynnhaven parkway for CASCO Corporation,„
prepared by Engineering services, Inc , dated April 15, 2002, and on file in
the Department of Planning All materials for sale or materials being
stored shall be contained within the specified area There shall be no
materials or merchandi a in the adjacent parking spaces} parking lot drive
aisles, or parking lot landscape islands
2 The perimeter of the storage area shall be fenced as shown on the
submitted color rendering entitled "The Home Depot, Princess Anne
Lynnhaen Parkway, Virginia Beach, Virginia, Store No ," prepared
by CASC , and on file in the Department of Planning
The perimeter of the area shall be landscaped as indicated on the plan
described above in Conditions 1 and 2 In the event that the existing
vegetation along the southwest fence line is adversely impacted during
construction or becomes sparse, evergreen shrubs such as war myrtles
shall be installed at six foot on center the entire length of the fence line
There shall be no signge installed within the area, on the fence, or
immediately adjacent to the area other than professionally prepared traffic
control signs Hand -lettered signs shall not be utilized
Since the March 11, 2003 meeting, the following two conditions have been
added in response to concerns raised with the applicant
5 Leyland cypress trees (four foot high and 6 foot apart at planting) shall be
planted on the back edge of the existing berm from the southeast corner
of the building, along Princess Anne Road to the southeast and then
along the southern property line to the existing wait on the southern
property line
There shall be no display or storage of merchandise beyond the sidewalk
along the front of the building or in the area behind the building
0 Attachments
The Home Depot
Page 3 of 3
Staff Refer
Disclosure Statement
Planning Commission sion minutes
Location Map
Recommended Acton Staff recommends approval Planning Commission recommend
approval
Submitting Department/Agency
City Manager 1C ,
n
Ik
Planning Departmen r
THE HOME DEPOT U.S.A., INC. / Z#123:]
February 12, 2003
General Information:
APPLICATION
NUMBER F10-210-CUP-2002
REQUEST A Conditional Use Permit to construct an outdoor bulk storage area
ADDRESS 2020 Lynnhaven Parkway
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GPIGPIN 14850614650000
ELECTION
DISTRICT #1 — CE 1TERVILLE
SITE SIZE 13 93 acres
Planning Commission enda
February 12, 2003
THE HOME DEPOT U S A , INC # 2 �-...�..�
Page 1
STAFF
PLANNER Carolyn A K Smith
PURPOSE To provide are outdoor area (bulk storage) for
drive -through seasonal sales, adjacent to the existing garden center
Major Issues:
• Degree to which the proposal is consistent with the Conditional Zoning
Agreement approved by City Council in June, 1999
Degree to which the proposal complies with the retail design provisions of the
City Zoning Ordinance
Land Use, Zoning, and
Site Characteristics:
Existina Land Use and Zon�n
There is an existing 110,079 square
foot home center and 22,453 square
foot garden center on the property
The site is currently zoned R-2
Community Business District
Surrounding Land Use and
Zonin
North 0 Intersection of Princess Anne Road and
Lynnhaven Parkway, fuel sales and mixed retfl
center B-2 Community Business District
South 0 Drug store, undeveloped panel Conditional -2
Community r Business District, R- D Residential
District
East Single-family dwellings PD-H I Planned Unit
Development
Planning Commission Agenda
February 12, 2003
THE HOME DEPOT U S A, INC 3
Page
West Fixed retail center Conditional B-2 Community
Business District
Zoning Histor
In June of 1999, the City Council approved a request to rezone a total of 19 01 acres to
Conditional B-2 Community Business District for the development of 13 acres as a
110,079 square foot borne center and 22,453 square foot garden center A request was
previously denied for a similar commercial designation in April 1996 On February 29,
1996, the City Council approved a rezoning request from I-1 Light Industrial District and
- D Residential District to Conditional B-2 Community Business Distract on property
located across L rnnhaven Parkway In 1981, a request for a Conditional Use Permit for
a church on the subject site was approved
Aar Installation Compatible Use Zone (AICLIZ)
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana
Natural Resource and Physical Characteristics
There are no significant natural resources on this site as it is fully developed
Public Facilities and Services
Transportation
Master Transportation Plan (MTP) /Capital Improvement Program (CIP)
Lynnhaven Parkway is a four (4) lane divided roadway as indicated on the Master
Transportation Plan No further upgrade of this roadway in the vicinity of this site is
planned Princess Anne Road as an eight (8) lane divided roadway as indicated on
the Master Transportation Plan No further upgrade of this facility in the vicinity of
this site is planned
Traffic calculations
Street Name Present Present I Generated Traffic �
� volume Ca act �
27 000 17 300 —
Lynnhaven Parkway + ApT' i 31 700 ADT' i Existing Land Use 2— 4 638 ADT i
Princess Anne Road � 45 OOQ�34 940 �� 3 �
ADT' 64 260 ADT , Proposed Land Use — 4 638 ADT ,
Average Daily Taps
Planning Commission Agenda
February 12, 2003
THE HOME DEPOT U s A , INC 2
Page
as defined by 132 523 square feet of retail
3 as defined by adding proposed facility— no change expected
Public Safely
Police Adequate — no further comments
Fire and Adequate — no further comments
Rescue
Comprehensive Plan
The Comprehensive Plan Map recommends this site for retail, service, office, and other
compatible uses serving surrounding neighborhoods and communities
Summary of Proposal
Proposal
• The applicant is requesting to expand the outdoor garden center with a
permanent enclosure (bulk storage area) of 68 feet by 148 feet on the
southwest side of the site to accommodate seasonal sales This area will
become a drive -through facility that will enable customers to pay and load
merchandise directly into their vehicle at this location
Site Design
The site plan depicts the existing 110 079 square foot home center, a 22,453
square foot garden center, and the proposed 10,200 square foot bulk storage
area and associated parting
• The proposed 69 foot by 148 foot enclosure with a concrete base will b
located adjacent to the garden center on the southwest side of the property
0 The existing asphalt pavement will be removed and replaced with concrete
• A total of 29 panting spaces will be removed The total number of spaces
required for the home center (551) the garden center (23) and the new
X
Planning commission Agenda
February 1, 2003
THE HOME DEPOT U s A , INC
Page 4
enclosure/bulk storage area (10) are 584 The submitted plan depicts 584
parking spaces
Vehicular and Pedestrian Access
• Access to the site is provided off of a private drive that connects directly
to a signalized intersection shared with the large commercial retail tract
across Lnnhaven Parkway
Access into the enclosed area will be through a gate on either end as
customer will be able to drive through the facility
Pedestrian access on the site appears to be adequate
Architectural Design
• A knee wall is proposed with a brick facade to match the existing home center
structure Exterior Insulation Finish System (EIFS) columns with prefirnshed
metal caps will be spaced periodically (interval distance unknown) with the
same color scheme {beige} of the existing building A dark green vinyl coated
chain Ink fence beginning at the top of the knee wall and reaching eight (8)
feet in height will connect between the brick columns
Landscape and Open Space Design
• Three (3) shrubs are depicted m a tour (4) foot wide by fifteen (15) toot long
elevated planter
Existing vegetation will remain along the southwest fence/wall Mire
Evaluation of Request
The requested Conditional Use Permit for an outdoor storage area is acceptable and is
recommended for approval The proposal is consistent with the proffers approved in
1999 and with the retail design provisions of the City Zoning Ordinance (CZO)
Planning commission Agenda
February 12, 20
THE HOME DEPOT U s A , INC 2
Page
The provisions of the CZO regulating retail establishments and shopping centers note
as one of the `findings of fact' and `intent' (section 2 3) for the ordinance that
Because the visibility of retail establishments depends in large part
upon high visibility from public streets and location in busy areas of the
city, their building and site design has an especiafly significant impact
upon the character and attractiveness of the city in general and its
streetscape in particular
The section further notes that
The protection and enhancement of the positive aesthetic q alttres of
the city, including its commercially iall developed areas, has a direct and
substantial bearing upon its continued economic vitality s noted
by the Virginia General Assembly, the Visual environment confronted
by individuals in their daily routines has a profound effect on personal
attitudes and productive capacities
The provisions of the retail and shopping centers portion of the Zoning
Ordinance that address outside display and storage areas (Section 245(e)(1)?
were specifically included in the ordinance to encourage the location of these
types of facilities as part of the primary building complex, outside of the
primary parking area Areas such as this storage and display site that may
normally accompany a retail use like the Home Depot are more appropriately
located in the rear or along the side of the main building
Staff has worked with the applicant and has, in staffs opinion, found a design
for this storage seasonal sales area that meets the needs of Home Depot
and satisfies the intent of the Retail Design provisions of the City Zoning
Ordinance The proposal was modeled after a similar facility at the Horne
Depot property on Virginia Beach Boulevard
Approval of this Conditional Use Permit is recommended subject to the
following conditions
Conditions
1 The perimeter of the bulk storage area shall be limited to the 68 foot by 148 foot
area depicted on the submitted plan entitled "The Horne Depot, Princess Anne
and L nnhaven parkway for CASCO Corporation,H prepared by Engineering
Planning Commission Agenda
February 1, 2003
THE HOME DEPOT U s A I INC 2
Page
Services, Inc , dated April 15, Zoo, and on file in the Department of Planning
All materials for sale or materials being stored shall be contained within the
specified area There shall be no materials or rnerchandi a in the adjacent
parking spaces, parking lot drive aisles, or parking lot landscape islands
The perimeter of the storage area shall be fenced as shown on the submitted
color rendering entitled "The Horne Depot, Princess Anne & LynnhaVen Parkway,
Virginia Beach, Virginia, More No 46269:r prepared by C SC , and on file in the
Department of Planning
The perimeter of the area shall he landscaped as indicated on the plan described
above in Conditions 1 and 2 In the event that the existing vegetation along the
southwest fence line is adversely impacted during construction or becomes
sparse, evergreen shrubs such as way myrtles shall be installed at sac foot on
center the entire length of the fence line
There shall be no signage installed within the area, on the fence, or immediately
adjacent to the area other than professionally prepared traffic control signs
Hand -lettered signs shall not be utilized
NOTE Further conditions may be required during the
administration of applicable City Ordinances The site plan
submitted with this conditional use permit may require
revision during detailed site plan review to meet all
applicable City Codes Conditional use permits must be
activated within 12 months of City Council approval See
Section 220(g) of the City Zoning Ordnance for further
information
Planning Commission Agenda
February 1, 2003
THE HOME DEPOT U S A � INC I # 23
Page
16
Planning Commission Agenda
February 1, 2003
THE HONE DEPOT U S A , INC 2
Page
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Planning Commission Agenda si
February 1, 2003
THE HOME DEPOT U S A , INC # 23
Page 9
APPLICATION PAGE 4 OF 4
CONDITIONAL USE PERMIT
cof vtRcnvrA BEACH
DISCLOSURE STATEAMNT
AppH is Name M Home 1hpoe USA
List Ail Currem
Property rncra r he Home Dot USA
]?Pt CLsi}E
If the prop" owncr is a CORPORATION list all officers af the Corpmrabon below (Arrach list rf n4scess
President Roban g arde
Senior Me Preside . MkA pofe
Trw9urer carob To)ra
Seemmy wee SwUh
1fthe prapeny owner is a PART UUMP FIRM or othw UNINCORPORATED ORGANLEA770M list all
members or pxtxxs in the orpn=tma below Vl ach 1W Ynecessary)
I
13 Cbeck heap if the proper owe is NOT a corporation, parmonhip fat% ar of a unirworponted orpn=tham
If the appimemi is +got dw chwertt owner off wxVeft the Disda ere ucdeov be&w
APPLjcA,N-T DISCLOSURE
It the apply nt is a CORPORATION bat all o ccrs of [he Corpo non below (Attach Ast if mem5ary)
PresideW Rokerr Nard i
Senior Ree Praft&1d Mike i oRp
11�rqukmr Caro[ Tome
SmyInwrr Lawrence A
Ir lhe appli-ant Ls a PARMRSW P33k , or other UNMORMRAUD ORGAINIZATION ]at all
mcraaban or pamcrs can ft orgwuman Wow (Attach fat fie ary)
Check hem if dx applu=U is NOT a corpomon, xrnt ar otlm imi orpamied vigantratlaa
R WICA' ION I cerafytkirr the Inn `ar err cawwzmed hav= is Mw and accurate.
5qnacucs
Pnnt ame
Planning Commission Agenda
February 12, 23
THE HOME DEPOT U S A , INC 1 # 23
Page 11
Item # 3
The Home Depot USA. Inc
Conditional Use Permit
.1.020 L nnha�-en arkwa
Disci lct 1
enterN-1111.
February 1 0 3
CONSENT
Charlie Salle Next item is Item , Horne Depot USA Arid, that s are application for
a Conditional Use Pernut for a bulk storage v rd at 2020 Lynnhaven Parkwav and there
are four coridition s attached to this appiication
Rand{ Ro al I think you were telling rune we ve got opposition'
Robert Miller ler Yes It s you I jut wanted to correct somebody today so Dandy I
picked on you
Ran& Ro �a) You got rile Randy Roval. not for the opposition, representing Hone
Depot and we te agreeable with all the conditions
Charlie Salle' okay Thank You
Robert Miller Sorry
Charlie Salle Is there anv opposition to this applieatlon" Alright Therefore I would
more that we adopt the Consent agenda eonsi tino of item � with tour conditions
Donald Ripley r So the motion has been made bv Chai lie to accept the item that he has
listed for consent appro� al Do I have a second') Seconded by Kath'y Kat ias I Ve asked
Gene to comment on the balance of the consent item%
Eugene Crabtree Number 23, Donne Depot 1%� takinu some of the part xncr spaces on the
south ide of their garden center and enclo ina. it into an area where vou Could have a
drive thru gales and piLk tip area We thought it was a good uke for that particular area
and an e pans -ion to Home Dt pot and the elimination of the parkinar space \�.-ou}d not
impact on the total parking regUffernent toi that partieulai laird so once again we thought
that wa .a good reason to consent it
Ronald Ripley r Thank you Gene Motion has been made It has properly heen
eLonded So I think we re read{ to vote
AYE 9 NAY 0 ABS 0 ABSENT
ANDERSON AYE
Item #3
The Dome Depot USA Inc
Page
' ABTREE
AYE
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H RSLEY
AYE
IAA TSIAS
AYE
KNIGHT
FILLER
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RIPLEY
AYE
SALLE'
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STRANGE
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Ronald ld ipley By a vote of 9- , the motion passes
ABSENT
ABSENT
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ZONING HISTORY
There is no zoning history to report in this area
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Guy R Rogers —Subdivision Variance
MEETING DATE March h25,2003
■ Background
Appeal to Decision of Administrative Officers in regard to certain elements of the
Subdivision Ordinance, Subdivision for Guy R Rogers Property is located at
101 Thalia Drive (GPIN 1 o o , 1 o o, 1 r o 2, 1 o 1,
1 g 3 DISTRICT 5 — LYNNHAVEN
s Considerations
It is the intent of the applicant to resubdivide the existing site to create three new
lots Proposed Lets -1 and -2 meet all requirements of the City Zoning
Ordinance Proposed Let A-3 is a flag lot that will not meet the let width
requirement
It is recognized that the subject site is a large piece of property compared to the
surrounding home sites and that because of it's unusual shape and physical
characteristics, it is difficult to develop into standard home sites The applicant is
proposing to resubdivide the property into three lots, two that will meet all
requirements of the Subdivision Ordinance and one flag lot with a 1 -foot stern
In total, there will be only three houses built on 2 87 acres The proposed
subdivision will not detract from the neighborhood character and will not be a
situation that is recurring in nature due to the unique characteristics of the subject
property
There was opposition to the proposal
0 Recommendations
The Planning Commission passed a motion by a recorded mote of 9-0 to approve
this request with the following conditions
1 Any new residence built on Parcel A-3 must be looted within Zoo feet of
Thalia Dave
2 The existing garage on Parcel A-3 shall not be used as a residence and
shard be demolished prior to the issuance of a building permit for a
residential dwelling on said parcel
Guar Rogers
Page 2 of 2
■ Attachments
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended mmended Action Staff recommends approval Planning Commission recommends
approval
Submiffing DepartmentlAgency
City Manager 4q n V...
i
Planning Department
�N Fs&�
7
GUY R. RO ERS/ # 22
February 1, 2003
General Information:
APPLICATION F06-210-SVR-2002
NUMBER
REQUEST Subdivision Variance to Section 4 4(b) of the Subdivision Ordinance
that requires all newly created lots meet all the requirements of the
City Zoning Ordinance
ADDRESS
GPIN
ELECTION
DISTRICT
4101 Thalia Drive
turpin - ,3ee Aippitcanon
1487088068,,1487078870y 1487077962,1487077612p 1487079834
— LNNHEN
Planning Commission Agenda
February 12, 2003
GUY R R GERS 2
Page 1
SITE SIZE 124,986 square feet
STAFF
PLANNER Barbara Duce
APPLICATION This request was deferred by the Planning Commission at the
HISTORY applicant's request on December 11, 2002
Major Issues:
Presence of a hardship justifying the variance to the requirements of the
Subdivision ordinance
How the proposed inf ill lots relate to the established residential neighborhood
surrounding the site
Site Plan / Preliminary Plat:
Existing Lot As shown to the right, the subject site
is made up of fire parcels There are two large
parcels that front on Thalia Drive Parcel 1 fronting
n Thalia Drive contains approximately 12,000
square feet and meets all requirements of the
zoning ordinance Parcel 1A fronting on Thalia
Drive contains approximately 2 4 acres The three
smaller parcels are land locked and do not have any
direct access to the public street nor are they in
conformance with the minimum lot area
requirements of the R-7 5 Residential District
These parcels are in the back portion of the property
and are not considered independent building sites
The approximate lot sees for the three small parcels
are 4,900 square feet (Parcel A)t 21100 square feet
(Parcel A) and 2,o o square feet for Parcel 1 oA
Proposed Lots It is the intent of the applicant to
resubdi rde the existing parcels to create three new
lots as shown below Proposed Lots -1 and -2
meet all requirements of the city Zoning Ordinance
Proposed Lot A-3 is a flag lot that will not meet the
_ f ib'' o R ,., _
of
Planning Commission Agenda
February 1, 2003
GUY R ROGERS/# 2
Page 2
lot width requirement as indicated in the table below
Eleguired Lot A-1 Lot Ac-2 Lot A-1
I
I
Lot Width in feet 75 feet 89 59 feet; 87 95 feet 15 feet*
Lot Area in square feet , o0 101 1 16,752 ,
*arcane required _
Land Use, Zoning, and Site
Characteristics
Existing Land Use and Zo
_r �n
There are two structures existing on the
subject site There is a two story single
family home on existing Parcel 1 fronting
on Thalia Drive Behind this home, there i
a two stony brick and frame garage
apartment building located on existing
Parcel 1 A The subject site is zoned R-
Reidential District The proposed
subdivision plat shows that the two existing
structures will remain on separate lots
The two story single family home will
remain on proposed Parcel A-1 and the to
story garage apartment building will remain
n proposed Parcel A-3
Surrounding Land Use and Zoning
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North 0 Immediately north of the site is Thalia Drive On
the north side of Thalia Drive there are single-
family homes R- o Residential District
South a Single-family homes R-7 5 Residential District
East 0 Single-family home R-7 5 Residential District
West • Single-family homes R-7 5 Residential District
Planning Commission n erra
February 12, 2003
GUY R ROGERS 2
Page
Zonina History
The subject site is located in the neighborhood known as Thalia Manor, which was
developed in the 1 o's The neighborhood is zoned R-7 5 Residential District There
have been no requests for reonings or subdivision variances in the area surrounding
this property and shown on the zoning history map The majority of the home sites
within the neighborhood are larger than the minimum let size of 7,500 square feet
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana
Natural Resource and Physical Characteristics
There is a large ditch that runs along the entire eastern boundary of the subject site
public drainage easement measuring between 20 feet and 50 feet in width is platted
over the ditch There 1s no tidal influence in the ditch and the ditch is not considered
feature under the Chesapeake Bay Preservation Area Ordinance There is a 1 o foot
pride sanitary sewer easement that crosses east to west through the property between
the two existing buildings The back portion of the property is wooded
Public Facilities and Services
Water There is an 8 inch water main in Thalia Drive
Site has an existing inch meter which may be utilized for one of
the new lots Additional meters will be required for other lots
Sewer There is an 6 inch sanitary sewer force main and an 8 inch sanitary
sewer gravity main to Thalia Drive
There is an 8 inch sanitary sewer maim extending east from Bryan
Lane through the property to Thalia Manor pump station PS 241
There is a 10 foot wide easement platted over this sewer main
The existing dwelling is already connected to City sewer A private
force main may be required to serve some or all of the new lots
Planning Commission agenda
February 1, 2003
GUY R F OGERS # 22
Page
Firs Any structure built on this property must be within 200 feet of
public street or provide an approved all-weather road surface for
Fire Department access
Comprehensive Plan
The comprehensive Plan recognizes this area as a stable residential neighborhood and
focuses on the need to protect the existing residential character of the Little Neck
Planning Area It further states that land use and general design of infill development
within established residential areas of Little Neck should be similar and consistent with
the general character of the surrounding neighborhood
Evaluation of Request
Section 9 3 of the Subdivision ordinance states
o variance shall be authorized by the Council unless it finds that
A Strict application of the ordinance would produce undue hardship
B The authorization of the variance will not be of substantial detriment to
adjacent property, and the character of the neighborhood will not be
adversely affected
C The problem involved is not of so general or recurring a nature as to make
reasonably practicable the formulation of general regulations to be
adopted as an amendment to the ordinance
The hardship is created by the physical character of the property,
including dimensions and topography, or by other extraordinary situation
or condition of such property, or by the use or development of property
immediately adjacent thereto Personal or self-inflicted hardship shall not
be considered as grounds for the issuance of a variance
E The hardship is created by the requirements of the zoning district in which
the property is located at the time the variance is authorized whenever
such variance pertains to provisions of the Zoning Ordinance incorporated
by reference in this ordinance
Planning Commission Agenda
February 1, 2003
GUY R ROG ERS 22
'age
There have been no subdivision variances granted in the Thalia Manor neighborhood
surrounding this site The majority of the home sites in this area are larger than the
minimum lot size required by the underlying zoning district of R-7 5 Residential District
Any subdivision variance request in this area should be carefully scrutinized to ensure
that the resulting development does not set a negative precedent that could be repeated
or disrupt the feeling of openness and order that are essential to this neighborhood's
character The subject site was originally platted in Map Book 41 at Page 56 This plat
shows that the largest parcel (existing Parcel 1 A Q 2 4 acres) on the subject site was
created as a reserve site for sewage disposal systems for the dome sites surrounding it
It was never the intention to develop Parcel 1 A into home sites The original purpose of
Parcel 1 A is obsolete now due to public sewer improvements
It is recognized that the subject site is a large piece of property compared to the
surrounding home sites and that because of it's unusual shape and physical
characteristics, it is difficult to develop into standard home sites The applicant i
proposing to resubdivide the property into three lots, two that will meet all requirement
of the Subdivision Ordinance and one flag lot with a 1 -foot stern In total, there will be
only three houses built on 2 87 acres The proposed subdivision will not detract from
the neighborhood character and will not be a situation that is recurring in nature due to
the unique characteristics of the subject property
Should this request be approved, the following condition should apply
Conditions
1 Any new residence built on Parcel A-3 must be located within 200 feet of Thalia
Drive
NOTE [Upon granting of a subdivision variance, a final subdivision
plat must be submitted to the Development Services Center
for approval and recordation
Further conditions may he required during the
administration of a h able City Ordinances
Planning Commission Agenda
February 1, 2003
GUY R ROGERS 2
Page
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Planning Commission Agenda
Page
APPLICATION PAGE 4 OF 4
V1%0N VARIANCE
M- OF BEACH
I
S
DISCLOSURE STATEMENT
Appliumt's Marne uy o rs
-- - - - - __
List AH Curren
Property OwnerR Reign r
� I
S
PROPERTY OWNER MSCLOSURE
If the property owner is a CORYORATION list all officer's of he orpUa(ion below ( 'tack 11u ff, re-rsam)
S
S
I -
If the property awner i5 a PARTNEMRIP FIRM or other U-NINCORPORATED ORGANIZATION list
all m=bm or pwcneas in the organizanon below Wfa(-h list if necessary) ,
S
S �}
: JCh e k here if LhC property o%mer is N OT a corporauon pannerih ip firm or othcr unincorporated
S
�i-rti!«a�c�r
If the app1wani is riot th a curront awner ref the propoM camplete the App Wan f Di3closure feeno r below
r PP`L,ir -vw INSCLOSURE
If the applicant « a CORPORATION list all officers of the Corporation below i A-iarh I'si if ne- essar v
f '
I
I
If the applicant is a P R TNERSMP FIXM or other UNINCORPORATED 0111GANUATION list aU
members or partners in the organization Wow (Arach list if neeessar )
�eLk hire if laic applicant is NOT a corprat pannersh�p firm or otter urn&ncorporate -)rgAnlZat"01
CERWICATION I cerdfy that the informargon consamed herein is true and accurate
72 :
Signature
CU.; K
Print Na=
Planning Commission Agenda
February 1, 2003
GUY R R GERS 2
Page
Item #
Guy F Rogers
Appeal to Decisions of Administrative Officers
101 Thalia Drive
District
Lynnhaven
February 1 oo
{
REGULAR
Robert Miller The next item is Item #22 Guy R Rogers
Eddie Bourdon Thank you Mr Chairman members oftheComm-it n again my name
is Eddie Bourdon, a Virginia Beach attorney representing Mr Rogers., # who is here today
This is really a pretty simple application but because there s been some history there may
have been some misunderstanding at some point Within the last week aetuallv a little
more than a week I have h id conversation with the president of the civic league who put
out an email to everyone explaining what was being sought because there was some
mI Information and I hoped to be at the civic league meeting but I warn t able to get the
date and the time so there was fault there for infoiMation not being exactly accurate
Stephen If YOU Could put the map up that shows the plan itself That one One of the
things that I think caused some confusion is the piece of property is currently a total of
five Pa-rtelq but thev re not developable The previous owner Mr Pulley had divided up
this larger piece and sold oft some small parcels that were added to the back of other
people Thee are the leftovers that weren't sold off` but some of these pieces had been
sold off and added to other people s lots which is why we have this tunny configuration
But, as you can see there s a piece here a piece here a piece bere and another piece
here, and this one and this was one So what we re doing i cleaning up that situation
and out of all of this we will have a total of three lots one of the three being the lot of
which the existing re ident the Pulley who lived there foi decades their house i on
this lot which was already a lot The rest of these little pieces are all put back into one
The subdivision varianLe is for one lot for one house The flag lot, the lot' over two
acres in size on it there is todav a Very large garage bam work hop where that i
located is where the new home on this one home one lot will be built This will be torn
down and there will be a house built there The other lot shown on here 1Q. a lot that
conforms and exceeds the requirements of the zoning category by a significant amount in
every way Both thy. lots on Thalia Drive are wider than are required and Luger than
required by a good IMOUnt under the zoning on the propert�f Today a di iv ��fay, i
basically in thiss area here that erve� this very large barn garage that will be turned into a
house That drivewav will be taken out The driveway to this house that we built here
for this entire panel will be between the existing residence and the residence to be built
Both of the homes, the one to be built here and the one to be built hexe on the conforming
lot will be roughly 21oo square feet of living irea plus garage Thee will be two story
homes Witli brick as the predominant or povsible ill of the exterior and an +thing different
than that or in addition to that will be accents, possibly vinyl cedar accent; The price
points on the two homes which will be built and sold will be S250 000 and above The
Item #22
Guy R Rogers
Page
existing residence on this lot will be after these homes are built and sold will be
renovated and will be sold as well They will all be owner occupied The area bank here
will Y emain as it is Obviously someone buying the property may clear out some of the
brush of whatever but there will no homes or anything like that will be built back in this
area of the lot The conditions as recommended by staff that the house to be built on this
one flag lot for which the variance is, sought, will be in this area i e within 200 feet of
Thalia Driie is acceptable to us That s exactly where we intended to build the one house
on the one flcy lot that s being sought 111 be happy to answer any questions f have
talked to a number of people in the neighborhood who called because my number was
given out and to a person everyone of them once they understood what would be sought
and have been eery pleased and supportive At one point there was a contract on the
property where the developer was going to piped that large ditch and put in a road and
develop a number of lots, four or five but. that was determined not to be feasible and
when this application for Mr Rogers was initially filed a few months ago we had doing
two flag lots with two houses one house here and one back here That has been
dropped There's no application to do that This will not permit that So you just get one
flag lot and over two acres in size with one house to be built where the existing
garaebarn i located
Ronald Ripley Thank you Mi Bourdon Does anybody have any questions ofhim9
Josef h Strange I got jut one question The house on Lot A3 is that going to be facing
Lot A-. there, that dri ewav coming in there
Eddie Bourdon The driveway now 1 going to be here and it's probably going to be
similar to ways It configured here It might be slightly tilted to face more in this
direction but 1t s going to be pretty much the same otientation as the garage that s there
now It won't be directly looking at the back of this house
Ronald Ripley Anybody else speaking in favor'
Eddie Bourdon fir Rogers is here
Ronald Ripley okay opposition'
Robert hiller Gary Baskin
Gary Baskin Good afternoon My name is G i y Baskin I live at o Lynn Shores
Drive, which as the crow flies it's about two lots away Lynn Shore, I m on the north
side of Thalia Drive I'm the second lot up
Robert Miller Can you show us on the neap where it is
Gaiv Baskin okay
Item #2
GL]y R Rogers
Page
Robert Diller Use that pointer if you want
Gary Baskin May
Robert miller Just don t shoot us
Gary Baskin I think Lvnn Shores on this lot right there It's oft the map right there,
second from the corner I ve lived there 20 years My thoughts on this and I m very
happy to see the proposal was amended as it was originally planned I think there was
quite a bit of opposition But to tally about the reality ofwhat we have now Mv concern
is the garage that is on that property and I think this might be a good opportunity to deal
with that First of all I would ask that as a condition approving this you have that
structure torn down My reasons for that are three First of all the actual maps seems to
show that there s a 10 foot drainage sanitary sewer easement and it looks like the
building encroaches on that as It is now How it was built I don t know As I said, I ve
been there 2.0 years and it precedes me, but it looks like it's not properly oriented as 1t is
now The second thing is of course council has stated that it's cromer to be torn down to
be a new structure So the third thing is my concern 1s that som bod f could buy this
parcel A3 and use it to park a lot of equipment 1n there It s a huge garage A contractor
landscaper a developer a plumber, electrician anvbody would love that garage to store
huge equipment in it I don t want Co see that I think you guys have the power to
li nate that structure and hopefully when the new structure is built in there it will look
much more attractive then what is there now So, for those three reasons I would ask that
you condition this approval of the flag lot A3 on the removal of that structure
Ronald Ripley okav I believe the structure and I think he did say he was going to tear
it down You're con ei-ned about the intro whether or not something else woUld he used
I think our zoning laws if I understand them correctly prohibit anv kind of obnoxious use
a you described being used in a residential zone like that Is there something going on
there now that crives you the cause to w•orry
In
G, r f Baskin well and this is a matter of the past Over the years several re jdents
have suspected that garage b � the way+ in the material described a a garage apartment
and that word may have significance because have suspected that it s been used by the
ton ner owner I m not talking about the present one Mr Rogers But as the residence
but may its, tempor r r by members who stand by what happened I for one have thought
that on occasion and others in the neighborhood have expressed that to me also
Nobody s ever done anything about it And, there's, no need to at this point But, I don't
want to see that be perpetuated
Ronald Ripley well, I think if you found an obnoxious use and it you call Mr Scott'
Department I think you would find action taken to stop if it was not in beeping with the
ordinance Any I wrong on that'
Item #
Guy R Rogers
Page
Robert Scott A11 of those potential uses that the speaker has ticked off first of all they
are all legitimate conceins But, they're all against the zoning ordinance Arid, we would
take corrective action to et any. of them out of there it they were in there, anv kind of
contractor, vehicles and{thing It's illegal to have them in a residential district We can
get them out of there
Gary Baskin You mean if they were stored in side that building" That would be illegal
in a right by ltselP
Robert Scott Yes And if you ever think that s happening or know that it's happening,
take Mr Riplev s advise and give us a call and we 11 get it taken care of for you
Garry Baskin okav Nevertheless this building and you've seen pictures of it It s not at
in beeping with the neighborhood It we could get rid of that rather than running the risk
f having somebodv ruining and deciding that would be a nice great place to store his
antique cars or whatever And, there are legitimate uses for that obviously And it's a
big building and it would be expensive to replicate that kind of square footage for storage
or a big workshop So, y thought would be you know. . this i n opportunity to get Yid
of a structure that is not in keeping and it s conducive and fits with what council
representativesrepre%entatives said what was going to be clone anyway So that would be nay ugge tion
to you
Ronald Ripley okay Thank you eery much
Gary Laskin Thank you
Robert Miller Next speaker is John Van Name
John Van Name Mr Chairman, members of the Conunismon Thank you for the
opportunity My name is John Van Name I life at 529 Harrell Lane which is right
there I'm eery familiar with that ditch between the two properties and running down this
way And, my main concern is with the access for emergence Vehicles fire emergency,
medical technicians that may need to back in there in the future The elevation of that
ditch on the other side of the property behind mine is bit above my property. It seeMs to
r1ne to be a treacherous situation that you alwary I rn afiald that somebody i going to tall
in there if there s any vehiLles There have been some vehicles in the past going back
and forth in there that are going to wind up 1n that ditch And, my concern with the
potential building here i going to be the proximately of that driveway at it loops around
and how t..loe it ina' get to that ditch And, again maybe introducing a treacherous
ituation for emergencv vehicles that may need to respond hack there in the tuture
Ronald Ripley Okay. Any other questions
Donald Horsley I thoclght that staff had said this morning that the house would be built
within oo feet of the main street bec fuse of that
Item #22
Guy R Rogers
Page 5
Robert Miller He's talking about the driveway
Jahn Van Name F m talking about the drivew+a r If ou could back t that larger
drawing there you go The driveway is going to go back there between the two lots and
somehow snake back around towards the house and the ditch, and like I said, I'm living
here and I know the ditch runs down this way and I ran concerned that if the driveway is in
too close a proximately{ to that ditch it s a deep ditch I've seen it flood in the past that
we could have a problem with some emergencv Vehicles being upside down in the ditch
one night
Ronald Ripley Is that dotted line the edge of the ditch'
John Van Name F rn not sure where the ditch runs
Ronald Ripley It s the easement itself
John Van Name But I know the ditch runs right behind my property and my neighbor
property, right through there
Donald Ripley okay Thank you
John Van Name me Thank you
John Vain Marne Thank you Very much
Robert Miller Next speaker is Edward Taylor
Edward Taylor Good afternoon I Ve been a resident there for about 1 years I live on
the corner of Thalia and Bryan Dane That corner piece and what I opposing is the
eac;eme nt that he wants to put to get the A3 That easement right there there s really not
the room for it You got to drive behind the road and not really{ looking at here You re
going to have to drive behind five houses to get to that one house The one he's going to
build There s one can the other lode and one there and ray house that house and another
house All five of there houses vou re going to have to drive behind to get to that house
The neighborhood has been these for 46 years That is when it was first built And
there s not an area on there that has an easement that you got to drive behind people
house to get to our house Now all of us when we leave here today we Cyo home to our
livelihood I know this guy' He s an entrepreneur I under stand that I m for
entrepreneur but not at the livelihood of our residents When you leave here today and
YOU go home you go home to your family That s when we get our peace You know
what I m ing" And, he's going to put an easement down there 4so he can drive to our
backyardbackyardc, Now. I don t see that Now. it {ou re going to put a It r road 1n there which
the City won t want no ditches no drain-ige ditches for the man you re going to gut hire
an eavenient in then. to do that' I don't see that I see mivbe Lot 2A going as a full lot
mavbe v u can gLice e house in there n the map it looks big but there hardly room
Item #2.2
Guy{ Rogers
Page
for that You see whir it long here becaucse he couldn t o any other way And, the
ditch that everybody keeps talking about that so much i n t really{ a ditch It s tidal watel
That s tidal water there I'm not a PETA person I kind of hunt myself but what I see
happening there even the ducks come up in there I m talking about that right now Thev
wine there and I see them get hit by the cars I mean you re going into tidal waiter
You're taking everything away{ Without it happening they ought to put that A lot
against that one IA lot that exists and the City ought to step up to the plate and make that
open space Mr Pullev who owned it before that he blew his chance down here on the
bottom here when he sold them two pieces on Edinburgh When he sold these two pieces
on Edinburgh that cut his entrance off to put a road in there So, he did away with that
when he sold to the neighbor down the road sold the backsides He even shortened his
lot Now VOLT got somebodv that hasn't even lived there Never even spent one night
there and wants to come 1n here and build on top of 1t Just to turn a dollar He down t
care about these residents He s not going to ever live there Don't care what he's going
I don t see that I mean if Mr Puller were trving to something lire that a long time
resident maybe would have some concern for his neighbors I could be a little tolerable
What you got here you got someone trying to turn a dollar And I don t see it Turning a
dollar off the price of our livelihood And, taking away from our neighborhood That Q. a
good neighborhood I learned at the civic league what his intentions were He said to us
that he had no intention of renting there You don t have to worry about rent well first
thinor I seen when I drove ovei here today went by the fiat house that Mr Pullev owned
it said for rent' right on the front of it So I mean what was that printed in the civic
league letter foi saving that he had no intention of renting I already yaw a rental sign
You can di ive by oft Four way off this job today{ and you can see the for rent sign on it I
saw it today And I jta t think he s got a good plain with the lot 2A I don t object to that
at all But. that 3 A you re driving behind five people's houses to get to that There s no
plane in that neighborhood like that There's just no place The next thing hat you
going to want a flyover bridge over people's houses to get to your land I just don t see
it He knew that would be a problem when he bought it Mr Pulley knew it when he
sold it to him This is nothing new This just didn't happen to the man Thee knew this
was going to come about I sorry I just can't see it I hope you all see it like I see it I
mean we all cro home to livehhood Don t take that away from these residents here in
Thalia That s all that I ask Thank you
Ronald Riplev Thank you very much Any questions -I Thank you
Robert Miller w F Stephens
err F Stephens Mr Chairman, ladies and gentlemen mar name is woody Stephens I
live down ,tream of this property I was surprised to see on the agenda that this property
does not fall under the Chesapeake Pie ervation ordinance The ditch that s been
Mentioned is an essentially an old creep bed which has been chnnelid It runs down to
Thalia Drive and under Thalia Di ive and is in essenLe the terminal end of a bran(.h of
Buchanan Creek My ton ern i that I live on Glen road which backs up to the creek I
and iuy neighbors have spent ten of thousands of dollars to have this creek dredged
Item #21
Guy R Rogers
Page 7
Before that it was a navigable except at e trem lv hic7h tide I think it S increased our
property values and the property values of the people that did not participate in the
dredging Nov concern is with the development of this lot is the (siltation of the creek as a
result of the con trULtion And the additional run off that will he created This ditch i
used essentially by the City as a vtorni sewer outfall and, heavy rainstorms, a lot of water
from various neighborhoods into this one creek and Larrying along the dirt from the
streets, leaves litter and oil and drippings from the di iveways of the neighborhood
There is no retention pond for this outtall So, any construction activity on this lot during
rainstorms will cause dirt and debris to wash in and till in this channel Many people
have borrowed money to have this dredged I know they can put up silt fences when thev
do the construction but silt fenceis are not 100 percent effective They are pint in
incorrectly Thev re not maintained Thee get damaged And you can go around to
variou construction sites and see the results of hove effective thev are a#ter a he vv
rainstorm Now, I understand there are penalties for not maintaining silt fencing or other
holding up waterways The only problem is Mr Rogers may be given a fine for this but
the silt remains in the waterway Secondly. a concern is the runoff after the construction
is done More water will run off naturally because the houses will prevent the water from
soaking into the ground is much as, it normally would which is a problem in this
neighborhood But, after the construction of these house% , the square footage will end up
in this creel. Additionally where the garage is if the new building which exceeds the
footprint of that garacrelbarn tr-m tore which is going to increase the runoff even more
So, I don t what the solution is I mean the only solution that I can see to this is to deny
the variance whether there's another solution that would be acceptable I jut don't
know I certainly ask the Commission to take this into consideration when granting this
Variance
Donald Ripley Thank you from Rogers oh Mr Stephens I ni sorry
w F Stephens It s my neighborhood but I' m not 'ir Rogers
Ronald Ripley r I m sorry Mr Stephens, we 11 have the applicant ant address that when he
corner up for rebutt(Il I think we have another speaker
Roberti filler Stan K10
Stan Floc Mr Chairman, members of the Planning Commission This is a brand new
experience me This is the first time that I ve ever addressed Planning Commission
Primal dy my presence here is. beL au e we are concerned by this proposal You have
man v tatement made about our position to the variance of thi v, ai ea And, I also feel the
ramie wav I jotted down a few notes since I'm inexperienced in addressing a Committee
like this so I'd like to read them to vou One I feet like it creates a negative precedent a
it destroys the residential area of the openness Two It destroys the neighborhood
character by shoe horning hordes between neighbors backyards Three It compromises
the ?fro foot of drnance that is required for emergence vehicle ILcess for the eniergene
vehicles such as fire department police department, marl trULks UPS deliveriet, and etc
Item #22
Guy R Roger
Page 8
Four It s not in character with the existing neighborhood surroundings The so-called
large ditch that has been referred to and it shouldn t be overlooked Its significance
should not be over looked because we already had one fatality in that ditch Aloe, over a
number of years I have noted that each time we have a large storm crabs wash yip and
other marine life 8o, therefore it is tidal It is not as misstated in the area history that
this is primary a drainage ditch It may be used that way but it also serves as a tidal area
when the water backs up The size ofthe ditch and its possible influence and probably
habitability of the area should be considered Since, I ve alreadv mentioned that one
fatality has taken place there I believe the other objection to this variance had been well
stated by my neighbors And therefore I would J urt like to make my conclusion and
request that the vari ince be disapproved as proposed Thank you
Ronald l iplev Thank you very much Mr Bourdon do you wish to readdress)
Eddie Bourdon Yes First of all, the existing structure, garagelbarnlapartment whatever
you want to call it is and only slrghtiv smaller than the footprint of the house that will
replace it And we certainly have no concern or objection to a condition that requires
that before the houst, is built on this property whrc�h will be built here again within the
200 feet ofThalia Drive that would be torn doyen The existing driveway thdt CXICtS on
the property that runs basically here and around to this structure will be replaced with a
new driveway over and would come in here and come to the new house to be built here
That drivewfav will be further away from the ditch, which runs along here and then runs
back behind this house than the present driVCWdy that is there If you been to the site
you've seen it It's a paved driveway that runs right acrost, here So, the new driveway
will run here and to the house It will not be behind five people s home I don't know
where one can conclude This area around this ditch is heavily vegetated trees etc and
again, it s not going to change the character of what iN there we will have house built
on a lot that is double the size as required in the zoning ordinance in terms of
improvement I don t think there s much doubt that it will be an improvement The
uggestion that Mr Rogers doesn't care about the neighborhood is absolute false e For
that reason listening to concerns that was expressed and relayed to us that is why the
house he is proposing to build are keeping in the character of the neighborhood This
property will be sold The only reason why there is a temporary rental that ill take
place i pretty logical and pretty obviou The value of the two homes that will be
constructed will immediately exceed the value of the holes in the area not by a huge
amount but with the market being what it is that will then provide the opportunity
renovate thit, house and qsell the louse again, at a higher value and versus selling the
house prior to building these two houses And, so it is merely a temporary situation with
the Pulley+ resident prior to and it will be sold It'N not an attempt to be a rental property
by any stretch of the imagination As tar as the drainage is concerned this is a large
drainage e i ement It s a drainage way There are structures on either side This is not
water front property across from this that the City maintains It is a drainage ditch
When development occurs on these properties they will have to meet all the rty's
current requirements for handling storin water, which didn t exist with the east majority
of the homes in this area were built And it will be a conforming lot here again, which is
Item #2.2
Guy R Rogers
Page
larger by a significant amount that is required The house well be built in this area and
well have to have positive drainage and drainage out to Thalia Di ive What s there now
will be slightly increased square footage of the footprint but again just slight And all of
the remainder of this ama which is wooded and undeveloped will remain wooded and
undeveloped So additional drainage will be put in here compared to the drainage that i
corning through here today off of Virginia Beach Boulevard and Lori meicial
development parking lots etc , that drain in this direction will not be effected There's
obviously the opportunity to preserve if the City needed additional capacity{ for storage of
torn water for that to take place in here If the City needed to acquire additional
easement area for some type of BMP but we re not aware ofthere being inv Such need
and we are certainly not with this eery small amount of development. creating any
drainage problem or drainage issues of anv magnitude that can t easily be accommodated
on the property by applying a current engineering standards for drainage And. I don t
know if there were anv other issues that weie r i ed that you all would like to me to
address that
Ronald Ripley Can you address the width of the access there seems to be a concern with
safety as far as getting in and out of A3
Eddie Bourdon The driveway and all services mail is delivered on Thalia Drive That
is where the mailbox will be That's where the trash is going to be picked up It s just
simply a driveway.
Ronald Ripley what s the width of 0
Eddie Bourdon It s 15 feet wide It can be wider If you loot, both of these lots, this
lots 85 feet wide, this one 1s 87 feet wide I believe and the requirement is only for 75 feet
in width we made the dri ewav which is part of this lot at 15 feet in width And that
only in this area less than Zoo feet from Thalia Drive, any type of emercrency vehicle can
easily to 3t It s not anywhere near the ditch It s turthei. away from the ditch than the
current driveway But it can be made wider if someone in public, safety believes that s an
issue I frankly don t believe that to be the case
Ronald Ripley So you got 15 feet"
Eddie Bourdon Fifteen feet is what we show
Ronald Ripley Is there any opportunity to around whatever house i built on A3 in order
to mitigate any drainage runoff to incorporate any b v cape techniques it you will
between the house and the ditch can we see that goes in on your site plan
Eddie Bourdon Sure, if you want to put a condition in there It 1s pretty well vegetated
now but there v.. some atea there where that i -t possibility where vou could do some
landscape plantings between the house and the ditch That certainly can be done And, it
can be done in the area that S, Currently paved with driveway behind where the house will
Item #2.2
Guy R Roger;.,
Page to
be built on Lot A2 That driveway is going to come out It does get close but it still real
close to the ditch
Donald Ripley And you said vou re willing to tear down the building
Eddie Bourdon Yes sii
Ronald l iplev What point would you do that-'
Eddie Bourdon It would be torn down the time the building permit is issued to build a
house we would net build a house on A3 without tearing down the garage apartment
And, I frankly believe that will be done eery soon after the variance is approved by
Council if it s approved by Council Because at this point its really a liability situation
and it down t serve any purpose to remain
Ronald Ripley okay I think Will has a question and then Joe
Willia-m. Din Yeah Thank you Can you tell me how much of Lot A3 is actually
tAeared and are there any other paths to the hack part of that lot-' I rnean I think
somebody mentioned that vehicle access to the back part of it It, there access tack there
or have vehicles been driven back in that area'
Eddie Bourdon Again Mr Rogers has only owned the property for less than a year
And, I have been to the property This is not real good This area in here IS cleared
There are trees In this area but this is the clear part of the property There is a path and I
didn t follow it all the way back where it does appear that at some point in time previous
owner again, not Mr Rogers looks like some vehicles% have been driven lack here Just
from being on the propertv It certainly looks like at some point in time for whatever
reason someone had driven Now how far back down here it goes I know it went
through into this area but if went further than that like I said, 1 didn't walk down there
But it's dirt But it does appear, there are tracks where someone has driven a vehicle
back there And again, in teams of some restriction that there be no type ot aLCessory
structure built back in this area I think that presents a problem
William Din The dotted lines there I think I can make out it say s. drainage easement in
there Is that what that is I
Eddie Bourdon That s the extent of the drainage easement that exists on the property
And, again, the ditch is, in this area and it goes behind this houe here and I think at that
point it goes over to Thalia
William Din where are all the slopes we were all talking about here'
Eddie Bourdon Thee are well within this area This is flat for some distance beyond the
garage This i not a slope that come up to edge of the garage It flat in this area
Item #2 2
Guy R Rogers
Page 11
Probably to about to somewheie in this area is basically flat And, then from there it falls
off It s a fairly steep hank ditch No denying that fact whatsoever But, it s not a
situation where you got a lot of slope or anything Bice that other than when you get to the
ditch itself
William Din Okay Think ink u
Ronald Ripley+ Joe
Joseph Strange Eddie, would you address the eoncems that the opposition had that this
mi ght be tidal eater back there
Eddie Bourdon It all eventually after it goes under Thalia Drive and some of the houses
a couple of blocks or a block and a half on either side the ex ntual outfall is the river but
where, in other word, the structures between this and the river it's a ditch Now if you
have ' orea ter and big blow you know then you may well have back up that conies in
here But it s not a tidal stream by any{ stretch of the imagination But you may Very
well have some it you have a significant enough storm event. some hack up wind blown
etc that comes up in this area But it's a ditch and it drains a lame area including
commercial on Virginia Beach Boulevard that drains through here It is a� major drainage
fay for the City If you look at the neap, it's completely isolated in terms of not being
connected to any body of water with streets and cul rert in between It is, a situation
around the other side of the property vou got marshes and open water
Ronald Ripley Any other questions9
Donald Horsley I have a question
Ronald Ripley Yes Don
Donald Horsley{ one speaker mentioned something about the driveway as an easement
but the driveway belongs to Lot 3A right"
Eddie Bow don That's right
Donald Horsley That s deeded"
Eddie Bourdon That s ricyht It s a flag lot and that s where the driveway will be here
between the two houses
Donald Hor l v The other one is it is a little bit irn leading because in our write up here
we say that the two story single tardy house will remain on parcel Al and the two story
garage apartment building will ieniain on proposed Al so it does say it will remain But,
that will be torn down' You clan t care if it � put in as a condition"
Item #2
Guy R Rogers
Page 1
Eddie Bourdon N
Joseph Strange I got one more question
Ronald Ripley Yes Joe
Joseph Strange Is the driveway that"s going back there now i it any wider than 1 teet`'
Eddie Bourdon No Actually I don t think it is as wide as 15 feet It appea.is to me it
probably about 1 feet wide
Joseph StraEnge It w�ourldn t change the ability for fire and rescue to get back there?
Eddie Bourdon No sir And again, that location down there I Lan understand I can
truly appreciate the concern with the fart application we were talking about putting a
house back here That would be in m�f estimation what generarlly concern I frankly
don t see it being a concern with the house in this location It's within less than ? feet
of the road And there's nothing that's going to have to cornr e back here in terms of City
services again, other than a fire engine it there would to be a fire or an ambulance it there
would to be an emergency Everything else is done at the road
Ronald Ripley okay+ we still have one more question
William Din one more Eddie Speaking of the back portion of that lot there the
condition in here states that the residence will be built within Zoo feet of Thalia Drive
Would there be anv problem with adding to that condition that no other structures will be
bujlt back through that property
Eddie Bourdon I guess I don t think so Unfortunately our definition of structures is so
broad these days but the enclosed trellises and gazebos and something that mlght
actually be a nice thing to have back there in that area But in terms of a habitual
structure or a garage or something of that nature, than part wouldn't glee us anv
heartburn Than i omething we can look on working on some voiding in terms I know
where you want to go I don t think my client has any opposition to going in that
direction
William Din We o have another letter of opposition here and I think this resident lived
off of Edinburg Drive which is on the other side, down on the bottom there And she
really doesn't refer to any spetific objections other than the view I guet's I was just
wondering you know, since You le not intending to remove anv of the trees or anything
else rn that area just wanted to see it that was ar problem and you can Mork on it between
now and Council
Eddie Bourdon I think I can accommodate people because ive are truly trying to be the
Item #22
Guy R Rogers
Page 1
least disruptive in terms of change to the environment that they have behind their homes
and that is what it reflects
William Din Right Thank you
Ronald Ripley okay Thank you very much Okay Any discussion on this
application" Yes will you have a discussion'
William Din I think the application looks like a good application Where is a flag lot
there but I think we re trying to address all the concerns of re ident%% who live around the
wooded areas here I don t see a lot of problem with the ditches or the way the flag lot i
going to allow the residence to be built within 200 feet ofThalia Drive and the concerns
about keeping the woods as an open space I think they can work on something between
now and Council I think that would he amenable to everybodv its that area And 111 be
glad to make a motion for approval of this
Donald Ripley we have a Motion by M- r Din to approve Do I have a second
RobertMiller Second
Ronald Riplev Seconded by Bob Miller I think it's a logical use of the land too I
think 1n fact that thl A3 is so large it will be open space Effectively, people will look
out in the wood I can t imagine clearing it but I guess if someone ha that right, �ou
know- the applicant has indicated that he would work with the CiLV in providing
landscaping to avoid runott in addition to all other regulations that he'll have to adhere to
and he s also agreeing to tear down the building at the stage of building peimit I that
what you said`' okay I think it a logical use to I � parthi e with the neighbors
Change always brings problems and we see that a lot here and we respect that but I think
in all fairness to the applicant I think that fact that somebodv was trying to come in with
four lotc, and vou got three here I think the staff putting that condition of the lot on A3
up to 200 feet of the road ensures that everything is going to he in one area I think it
makes and I support it also
Donald Horsley I didn t know if will wanted to put a condition that the building to be
tarn down in there as a condition`'
William Lein I don t have a problem with that but I think that is what he was proposing
anywfav
Robert Miller I agree
Ronald Ripley Yes Charlie
Charlie Salle' I ni going to support the application although I might have to ask Eddie
I guess with the understanding that existing garage or whatever it i might b torn down,
Item #22
Guy R Rogers
Page 1
is there any problem with stating that it will not be used as a residence during this time or
of
it is being referred to as a garage/apartment`' It s been referred to a a garage
Eddie Bourdon We would be happv to agree to a condition that it not be used a
residence as it has not been since Mr Rogers acquired the property We have no
objection that if there was some potential grandfather non-conforaung situation we
abandon that and would be torn down before a building permit for a new home is issued
on that lot
Charlie Salle In the meantime it won t be used as a residence" And I guess that
language can be worked out along the w+av to Cite Council
Eddie Bourdon We 11 be glad to do that
Ronald Ripley Yes Jan
Janice Anderson I would just like to state that the subdivision variance is not something
that is always done especially in an area like Thalia It's established and it s a eery nice
neighborhood and vc u want to support that But to this ease with the uniqueness of the
lot, the way it s set out the odd shape the link I believe it is appropi late in this one area
to have a flaor lot I don t think it would be appropriate in other areas of Thalia and I
wouldn't suggest that this wouldn t start a trend
Ronald Riplev Okav Anybody else have any comments" " Yes Joe
.Joseph Strange The only comment that I would like to make 1t seems like the only
original building that s going to go up here is the one on Lot A2 which is, a conforming
lot anyhow A house can be built there o there's not going to be any additional
buildings And the next thing I d like to rime is the people who will be most effected b
this Mould be the people 1n A 1, A2 and A3 which 1s to be deternuned by the market
place f mean no one has actually bought these places vet So I think they{ would be the
most effected as far as the aesthetics are concerned and it looks like the rest of it is going
to iernain basiLally the same
Ronald Ripley. Okay Can we call for this question then''
Kay Wilson n Mr Ripley we'le looking at two conditions The original condition that
in the staff report and then one in regard to the demolition of the existing garage on A3
prior to the issuance of a building permit and pi for to that time it should not be used as a
r idenLe"
Ronald Riplev I believe that s correct Is that coirect Mr Din' You made the notion
William i n Yes, that s correct
Item #22
Guy R Rogers
Page 1
Ronald Ripley So we re reader to vote
NAY 0 ABS
ANDERSON
AYE
CRABTI EE
AYE
DIN
AYE
H RSLEY
AYE
KA'TSIAS
AYE
KNIGHT
MILLER
AYE
RIPEY
AYE
S LLE"
AYE
STRANGE
AYE
WOOD
Ronald Ripley Byi Mote of 9-0 the motion passes
Eddie Bourdon Thank you Mery much
Ronald Ripley Thank you
ABSENT
ABSENT
ABSENT
Map l--1
rIt Ouarles PetroleuInc.
-21
Co l �r
r
f
_ rr �
1`
264
0
4Eo-2 —�
JL
1
Y Y 2 1 Iff 9ep y
1 h�
p#i# 14 7 -1851
ZONING HISTORY
1 Rezoning R-S 3 Residence -Suburban to III-1 General Industrial)
Approved 12-9-63
2 Rezoning I-1 Light Industrial to AG-1 Agricultural) — Approved 1-12-93
Street Closure — Approved -11-9
Conditional Use Permit (Motel) --F Denied6-2-88
Street Closure — Approved -1- 1
Rezoning (R-5 Residential to -1 Office) — Approved 10- - 1
L Aq
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Quarles Petroleum, Inc —Change of Zoning District Classification
Quarles Petroleum, Inc — Conditional Use Permit
MEETING DATE March 25,2003
0 Background
n ordinance upon Application of Quarles Petroleum, Inc for a Chan of
oninq District Classification from 0-2 office District to Conditional 1-1 Light
Industrial District on the northwest corner of Wesley Drive and Potters Road
(GPIN 1 21 1) The proposed zoning to Conditional 1-1 is for light industrial
land use The Comprehensive Plan recommends use of this parcel for retail,
service, office and other compatible uses Marcel contains 36,285 48 square
feet DISTRICT 6 — BEACH
An Ordinance upon Application of Quarles Petroleum, Inc for a Conditional Use
Permit for an automobile service station on the northwest corner of Wesley Drive
and Potters Road (GPIN 1 49762185i) Parcel contains 36,285 48 square feet
DISTRICT 6 —BEACH
The purpose of the requests is to rezone the site from -2 office District to
Conditional 1-1 Light Industrial District and to obtain a Conditional Use Permit to
construct an unmanned fleet fueling facility
0 Considerations
The property is undeveloped and is zoned -2 Office District
The applicant proposes to rezone the site from 0-2 Office District to Conditional
1-1 Light Industrial District and to construct an unmanned fleet fuelling facility
The proposed facility will only be available to contract business customers and
not the general public
The request to rezone this site from 0-2 office District to Conditional I - 1 Light
Industrial District and to obtain a Conditional Use Permit for an automobile
service station — fleet fueling facility is acceptable The proposed use complies
with the Comprehensive Plan Map recommendations for the area, and i
compatible with the surrounding uses and with N A S Oceana airfield operations
The submitted rezoning exhibit site plan depicts extensive berming and
landscaping that will effectively screen the use from the vier of the surrounding
area
Quarles Pertroleum
Page 2 of 2
The Planning Commission placed this stern on the consent agenda because the
use is compatible with the surrounding area Staff recommended approval
There was no opposition to the proposal
E Recommendations
The Planning Commission passed a motion by a recorded vote of 9-0 to approve
this request with the following conditions
1 The only use permitted on the site shall be the unmanned fleet fueling
facility, to be operated exclusively for fleet and business customers There
shall be no retail sales to the general public
2 The site shall be developed substantially in accordance with the submitted
site plan entitled "REZONING EXHIBIT FOR QUARLES PETROLEUM,
INC ", prepared by NDI, L L C , dated 10-10-02, which has been exhibited
to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning
3 The operator of the site shall supply a hazard mitigation kit for fuel spills
on the site and an accessible telephone or notification system for
emergency contact of the responsible party for site incidents such as fuel
spills, faulty equipment or vehicular accidents
All outdoor lighting shall be shielded, deflected{ shaded and focused to
direct light down on to the premises and any from adjoining property
A certificate of occupancy shall be obtained from the Permits and
Inspections Division of the Planning Department before the operation of
the use on the site
E Attachments
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action Staff recommends approval Planning Commission recommends
approval
Submitting DepartmenVAgency
City Manage 3�
< q
Planning Departr en {i �:
QuARLES I -- 1 1 1 IN M I
PETROLEUM, INC. / # 10 & 11
February 12, 2003
Genera[ information:
APPLICATION 107-211-CRZ-2002
NUMBER 107-211-CUP-2002
REQUEST 10 change of Zoning District classification from -2 Office District
to Conditional 1-1 Light Industrial District
11 conditional Use Permit for an Automobile Service Station
ADDRESS RESS Property located on the northwest corner of Wesley Drive and Potters
Road
aries Petroleum Inc
__2
;
�,
r1-264
f
GPIN 14976218510000
ELECTION
DISTRICT 6 - BEACH
Planning Commission Amend �t� � �
February 1, 2003
UARLES PETROLEUM, INC / # 10 & 11
Page 1
SITE SIZE 36,285 48 square feet
STAFF
PLANNER Faith Christie
PURPOSE To rezone the site from -2 Office District to Conditional 1-1 Light
Industrial District and to obtain a Conditional Use Permit to construct
n unmanned fleet fueling facility
Mayor Issues:
0 Compatibility with the surrounding uses
Land Use, Zoning, and Site
Characteristics:
Existing Lana Use and Zonrng
The property is undeveloped and is zoned
0-2 Office District
Surrounding Land Use and Zoning
North 0 Wesley Drive
o Across Wesley Drive is undeveloped property / 1-1
Light Industrial
South 0 Potters Road
Across Potters Road is undeveloped property
East Wesley Drive
Across Wesley Drive is undeveloped property 1-1
Light industrial
West Offices -2 Office
Planning Commission Agenda!JJ1
.
February 12, 2003
UARLES PETROLEUM, INC 1# 10 & 11
Page
Zonma and Land Use Statistics
With Existing Any of the principal or conditional uses permitted in the
Zoning -2 Office District such as business offices, child care
centers, funeral homes, hospitals, housing for seniors,
museums, private clubs, and schools
With The submitted proffer agreement specifies the following
Proposed uses to be alloyed on the property
Zoning
a Fueling facility (subject to a Conditional Use
Permit),
b Business, medical, financial, non-profit,
professional and similar office buildings,
c) Commercial parking lot, and
d Public buildings and grounds
While these uses are acceptable for the site, Staff
rates that Proffer 1 of the proffer agreement states that
the site shall be developed substantially as shown on
the exhibit entitled "REZONING EXHIBIT FOR
U RELS PETROLEUM, INC ", prepared by I' I,
L L C , dated 1 -10-02 Therefore the only use
permitted on the property will be the proposed fleet
fueling facility If, in the future, the applicant or property
earner wishes to use the property for any of the uses
listed in the proffers, Proffer 1 will have to be removed
r modified by the City Council
Zoning History_
The site was rezoned from R-S 3 Residence Suburban to 1-1 1 General Industrial in
1968 With the adoption of the Comprehensive Zoning Ordinance in November 1973,
the site was Zoned -1 Office From 1988 to the present, the site has been Zoned 0-2
Office District
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ of more than 75d6 Ldn and an Aircraft Accident Potential Zone
(APZ-1) surrounding NAS Oceans The United States Navy reviewed the proposal and
determined that the unmanned facility is an appropriate use for the site given the site's
proximity to the airfield
Planning Commission Agenda
February 1, 2003`
UARLES PETROLEUM, INC / # 10 & 11
Page
Public Facilities and Services
Water and Sewer
There is no City water or sanitary sewer available to the site The proposed use may or
may not require City water and or sever This will be determined during detailed site
plan review If City water or sewer is required, the applicant will have to make
arrangements for extension of service at his cost
Transportation
Master Transportation Plan (MTP) /Capital Improvement Program (CIP)
Potters Road to front of this site is a four (4) lane undivided minor suburban arterial
It is identified on the Master Transportation Plan as an undivided facility with a bike
path Sufficient right of way exists along this portion of Potters Road There are no
projects in the Capital Improvements Program to improve this roadway
Wesley Drive is a local dead end street, approximately Boo feet in length
the site will only b permitted from vesley
Drive as shown on the site plan There will
be no access allowed from Potters Road
Future improvements to the Interstate 264
Lynnh ven Parkway interchange in this
area may require additional right of way of
up to 120 feet, which could impact this
site in the future Any right of way
reservation that may be necessary will be
determined during detailed site plan
review
Traffic Calculations
Access to
Street Name Present Present Generated Traffic
Volume Ca acit
1 g 288 + 28 2Q0 eve of I DT ' Existing Land Use 2 329
1
Potters Road �
L ADT 1 Service C I Proposed Land Use 3 246 i
' 4C,
Planning Commission Agenda
February 1, 2003
!#DA LES PETROLEUM, INC 10 & 11
Page
' Average Daily Tres
2 as defined by existing 0 2 Office District
as defined by Proposed 1 1 Industrial District
Public Safety
Ponce 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 (OPTED) concepts and strategies as
they pertain to this site
Fire and In order for the site to be used as an "unmanned facility' it must
Rescue be operated exclusively for fleet and business customers
There can be no retail sales to the general public
The operator must supply a hazard mitigation kit for fuel spills
on the site Staff recommends an accessible telephone or
notification system for emergency contact of the responsible
party for site incidents such as fuel spills, faulty equipment or
Vehicular accidents
The storage of hazardous, flammable mable or combustible materials
on the site must be within the scope of the Virginia Statewide
Fire Prevention code and N F P
A fire hydrant is required within 400 feet of the structure
Private fire hydrants must be maintained annually as identified
in N F P A 2
The applicant must obtain all necessary permits and
inspections from the Planning Department's Permits and
Inspections Division A certificate of occupancy must be
obtained before the operation of the use on the site Annual fire
code inspections will be required on the site
Planning commission Agenda
February 1, 2003
UARLES PETROLEUM, INC / # 10 & 11
Page
Comprehensive Plan
The Comprehensive Plan Map recommends this area for retail, service, office and other
compatible uses within commercial ial areas
Summary of Proposal
Proposal
The applicant proposes to rezone the site from 0-2 Office District to Conditional 1.1
Light Industrial District and to construct an unmanned fleet fuelling facility The
proposed facility will only be available to contract business customers and not the
general public
Site Des1n
The submitted rezoning exhibit site plan depicts a 36,285 48 square feet parcel,
located at the northwest corner of Potters Road and Wesley Drive
• single entrance to the site is proposed from Wesley Drive
Four fuel dispensers and a small equipment shed are depicted on the site plan The
fuel dispensers are proposed at a minimum of ninety feet from Potters Road and
sixty feet from Wesley Drive
• A storm grater management facility is proposed on the eastern portion of the property
adjacent to a small strip of land owned by the City of Virginia Beach
landscape buffer, varying in width from tern feet, along the western side of the site,
to sixty feet, along the southeastern portion of the site, is proposed A four -foot
ornamental metal fence is proposed along the property adjacent to Wesley Drive
Vehicular and Pedestrian Access
A single access from Wesley Drive to the site is proposed
Sidewaif s exist along Potters Road and Wesley Drive
KIA
Planning Commission Agenda
February 12, 2003
QUARLES PETROLEUM, INC # 10 & 11
Page
Architectural Design
• A small equipment shed is proposed for the site There are no other buildings
proposed
_Landscape and Open space
The applicant proposes to landscape the entire perimeter of the site, with the
exception of the entrance The proposed landscape buffer varies in width from ten
feet, along the western side of the site, to as wide as sixty feet, on the southeastern
portion of the site The rezoning exhibit depicts extenswe berming along the
northern, eastern and southern potions of the site The berms will Crary in height from
four to five feet and will be planted with evergreen and deciduous trees
• The proposed stormwater management facility, along the eastern portion of the site,
adds to the feel of additional open space An ornamental metal fence is proposed
along the storrnwater management facility adjacent to Wesley Drive
Proffers
PROFFER 1 When the property is developed, it shall be developed
substantially as shown on the exhibit entitled "REZONING
ING
EXHIBIT FOR QUARLES PETROLEUM, INC", prepared
by I DI, L I. C , dated 1 -1 -02, which has been exhibited
to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (hereinafter "Site
ff an "
Staff Evaluation The proffer is acceptable It inures that the site will be
developed in accordance w1th the submItted conceptual
development plan
PROFFER # 2 The freestanding monument style sign designated on the
Site Plan shall be brick based monument style sign no
greater than six feet (6) in height
Staff Evaluation The proffer is acceptable
PROFFER 3 All outdoor lighting shall be shielded, deflected, shaded
and focused to direct light down on to the premises and
away from adjoining property
Planning Commission Agenda
February 12, 200
ARLES PETROLE 9 INC # 10 & 11
Pave
Staff Evaluation The proffer Is acceptable It Insures that lighting on the site
shall not interfere with adjacent uses
PROFFER # 4 When the Property is developed, ornamental metal fencing
and landscaping shall be installed as depicted on the Site
Plan
Staff Evaluation The proffer is acceptable It insures that the use will be
landscaped and screened rn accordance with the
submitted conceptual development plan
PROFFER # 5 Only the following uses will be permitted on the Property
a Fueling facility,
b Business, medical, financial, non-profit, professional
and similar office buildings,
c Commercial parking lot, and
d Public buildings and grounds
Staff Evaluation The proffer is acceptable in that it limits the proposed uses
for the site However as staff preciously noted in this
report, Proffer 1 states that when the site is developed it
shall be developed substantially as shown on the
submitted rezoning exhibit site plan Therefore, the only
use permitted on the site will be the unmanned fleet fueling
facility Should the developer or property owner wish to
introduce any of the uses listed in this proffer on the site,
Proffer 1 will have to be modified by the City council
PROFFER # 6 Further conditions may be required by the Grantee during
detailed Site Plan review and administration of applicable
City codes by all cognizant City agencies and departments
to meet all applicable City Code requirements
Staff Evaluation The proffer is acceptable
City tt rney's The City Attorneys office has reviewed the proffer
Office agreement dated November ber 10, 2002, and found it to be
legally sufficient and in acceptable legal form
Planning Commission Agenda
February 12, 2003
U RLES PETROLEUM INC # 10 & 11 =-
Page
Evaluation of Request
The request to rezone this site from -2 Office District to Conditional 1-1 Light Industrial
District and to obtain a Conditional Use Permit for an automobile service station — fleet
fueling facility is acceptable The proposed use complies with the Comprehensive Plan
Map recommendations for the area, and is compatible with the surrounding uses and
with N A S Oceana airfield operations The submitted rezoning exhibit site plan depicts
extensive berming and landscaping that will effectively screen the use from the view of
the surrounding area As previously noted in the report, the applicant has proffered
several acceptable uses for the site however the proffered site development plan limits
the development of the site to the unmanned fleet fueling facility If the applicant wishes
to introduce any of the other proffered uses, Proffer 1 will have to be modified
Staff recommends approval of the request to rezone the property from 0-2 Office
District to Conditional 1-1 Light Industrial District and to obtain a Conditional Use Permit
for an automobile service station — unmanned fleet fueling facility subject to the
conditions listed below
Conditions
1 The only use permitted on the site shall be the unmanned fleet fueling facility, to
be operated exclusively for fleet and business customers There shall be no retail
sales to the general public
2 The site shall be developed substantially in accordance with the submitted site
plan entitled "REZONING EXHIBIT FOR QUARLES PETROLEUM, INC ",
prepared by NDI, L L C , dated 10-10-02, which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning
3 The operator of the site shall supply a hazard mitigation fit for fuel spills on the
site and an accessible telephone or notification system for emergency contact of
the responsible party for site incidents such as fuel spills faulty equipment or
vehicular accidents
All outdoor lighting shall be shielded, deflected, shaded and focused to direct
light down on to the premises and away from adjoining property
Planning Commission Agenda
February 12, 2003
UARLES PETROLEUM, INC 10 & 11
Page
certificate of occupancy shall be obtained from the Permits and Inspections
Division of the Planning Department before the operation of the use on the site
NOTE Further conditions maybe required during the
administration of applicable City Ordinances Plans
submitted with these rezoning and conditional use permit
applications may require revision during detailed site plan
review to meet all applicable City Codes Conditional use
permits must be activated within 12 months of City Council
approval See Section 220(g) of the City Zoning Ordnance
for further information
Planning Commission Agenda
February 12, 2003
QUARLES PETROLEUM, INC # 10 & 11
Page 1
.-.*r 6[
Planning Commission Agenda _
February 12, 2003
UARLES PETROLEUIVI, INC # 10 & 11 Ire
Page 11
DISCLOSURE STATEMENT
Applicant's Name �arjs— r I ;. �Inc.L_a it i � !-,r rL —
List All current
Property Owners Wesle P 4 rt -v IL L&udLgL limj-ekIJa.b i I i t
ompilly
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION list all officers of the Corporation below
Attach list if necessary)
If the property owner is a PARTNERSHIP,, FIRM or other UNINCORPORATED
ORGANIZATION ATION list all members or partners in the organization below (Attach hsf
if necessary)
0 Check here rf the property owner is NOT a corporation partnership firm or other
unincorporated organization
If the a pil ant !s not the current owner of the property complete the Applicant Disclosure
section below
APPLICANT DISCLOSURE
If the property owner is a CORPORATION list all officers of the Corporation below
Affach list if necessary)
George�Quarles, sst_ Mice Pro id nt____��
� 1as uar e , jr COB If the property owner is a FIARTNEI SHIP, FIRM or other UNINCORPORATED
ORGANIZATION list all members or partners in the organization below (Attach list
,f necessary)
C3 Check here if the property owner is NOT a corporation partnership firm or other
unincorporated organization
CERTIFICATION 1 certify that the information contained herein is true
of accurate
Quarles Petrol um, Inc
I IJI
Signature
Conditional Use Permit Application
Page 8 of t
.�P� iixjM,vL. 14 Wa�� IL
printme
Planning Commission Agenda
February 12, 20103
QUARLES PETROLEUM, INC 10 & 11 �.�.
Page 1
0
Q
<Zoo
comma)
DISCLOSURE STATEMENT
Applicant's N am e -- QLjat-I es Pq t r a I c un, -In TL -I__Ki -c- r%LrjLi 9n___--
List All Current
Property Owners k' t:PIe Prr9 rr i _f;__LTI C���-
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION list all officers of the Corporation below
(Attach list if necessary)
If the property owner is a PARTNERSHIP, FIRM or ether UNINCORPORATED
ORGANIZATION list all members or partners in the organization below (Attach list
if necessary)
❑ heck here if the property owner is NOT a corporation partnership firm or other
unincorporated organization
If the applicant is riot the current owner of the property complete the Applicant Disclosure
section below
APPLICANT DISCLOSURE
If the property owner is a CORPORATION list all officers of the Corporation belong
Attach list if necessary)
GeorRe QuarlLs, AssL _VP I athryrn 1�_ _ uarlea, Secretary
Douglas E Quarleq Jr COB 4
If the property owner isa PARTNERSHIP TNERSHIP FIRM or ether UNINCORPORATED
ATED
ORGANIZATION list all members or partners in the organization below (Attachlist
if necessary)
Check here if the property owner is NOT a cerporahon partnership firm or other
unincorporated organization
CERTIFICATION 1 certify that the information contained herein is true
and accurate
c -"'r LIPS C
By I Reese mL �h �Iil - �4 m er
Signature Print Name
Conditional Rezoning Application
Page 10 of 14
Planning Commission Agenda
February 12, 2003
UARLES PETROLEUM, INC 10 & 11
Page 1
0
A
O
Cam
DISCLOSURE STATEMENT
Applicant s NarneQuarles P �r�J c�r��:.�� l��r nia corporation
List All Current
Property owner r'� , _ r� rt .�. � --------
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION list all officers of the Corporation below
(Attach list if necessary)
If the property owner is a PARTNERSHIP, FIRM or other UNINCORPORATED
0RGANI AT10N fist ail m embers o r partners :n the organization below (Attach list
if necessary)
0 Check here if the property owner is NOT a corporation partnership firm or other
unincorporated organization
If the eppUcant Is not th 9 current owner a the property complete th & Apptic a n t Disclosure
section below
APPLICANT DISCLOSURE
If the property owner is a CORPORATION list all officers of the Corporation below
(Attach list if necessary)
Ben;ano- n _ ,1 ,. -Utz, __ _.�.� .mil2 f.,._ - Y T-r-oar x_
George Q-gories. -A s t _ VP _----- iLI rjn_ -Quari Sec r ,ar_ .-
Dou l gas E Quarles, ,Jr C1 i
If the property owner is a F I TNER HIP, FIRM or other UNINCORPORATED
ORGANIZATION list all members or partners in the organization below (Attach list
if necessary)
ary
0 Check here 1f the property owner Is NOT a corporation partnership firm or other
unincorporated organization
CERTIFICATION I certify that the information contained herein is true
and accurate
Quarles etrolLUM, Inc
Bv- A qLkf - —il
Ignatu
r--�
Conditional Rezoning Application:
Page 10 of 1
Be-yl LWVI I 1r) AQ
Print Name
Planning commission Agenda
February 12, 203
UAR LES PETROLEUM, INC 10 & 11
Page 1
Item #10 &. 11
Quarles Petroleum, Inc
Change Ot Zoning District Classification
Conditional Use Permit
Northwest corner Wesley riv and Potters Road
District
Beach
February 12 2003
CONSENT
Charlie Salle" The next items are Quarles Petroleum Items #10 & #11 And, that s a
Change of Zoning District Classitication. of 0-2 Office District to Conditional I-1 Fight
Industrial District on the northwest corner of Wesley Drive and Potters Road and
Conditional Use Permit for an automobile service station
Eddie Bourdon The conditions recommended by staff are acceptable Again Eddie
Bourdon, a Virginia Beach Attorney iepresentiner the applicants and they are here a well
Charlie Salle There are five conditions associated with the Use Pernut and the proffers
for the rezoning
Eddie Bourdon They are all acceptable to the applicant
Charlie Salle Is there any opposition to this application' Thank you Therefore, I
would move that we adopt the Consent agenda consisting of item 10 and 1 1 with tiye
conditions
Ronald l iplev So the motion has been made by Charlie to accept the items that he has
listed for consent approval Do I have asecond" Seconded b f Kathy Katsias. Don, g
ahead and comment n Item #10
Donald Horsley Item #10 this is a lot of proffers and a lot of conditionk, for this fleet
fueling It s got an excellent landscaping plan with some undulating berm around it
And, it s a Meet fueling to ility And we think it fits very well into this area and we see
no opposition We thought that the landscaping and the berming would not be intrusive
in the neighborhood It would fit v ry well And W got L ndition that would help
make that all happen So that's the iewson whv we pit these items on the consent
agenda
Ronald Ripley Thank you Don Motion has been made It has properly been ec nded
o I think we re ready to vote
AYE 9 1Y 0 ABS 0 ABSENT
NI ERSON AYE
Item #10 & 11
Quarles Petroleum Inc
Page 2
CRABTREE
AYE
DIN
AYE
HORSIEY
AYE
KATSI S
AYE
KNIGHT
MILLER
AYE
RIPLEY
AYE
LLE'
AYE
STRANGE
AYE
irTD
Ronald Ripley By a votef 9-, the motion passes
ABSENT
ABSENT
F4 M Nc P 5 i B
11A BJZ_
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W010 ad
City of Virgrinia Beech
In Replv Refer To our File No DF-5670
INTER -OFFICE V E PONDEN E
DATE March 125 2003
TO Leslie L Lilley DEPT City Attorney
FROM B Kay Wilsa DEPT City Attorney
RE Conditional Zoning Application
Quarles Petroleum, Inc and Wesley Properties, L L C
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on March 25, 2003 I have reviewed the subject proffer agreement, dated
November 10, 2 00 2, and have determined it to he legally sufficient and in proper legal form
copy of the agreement is attached
Please feel fiee to call me if you have any questions or wish to discuss this matter
further
B IOW
Enclosure
i
QUARLES PETROLEUM, INC , a Virginia corporation
vESLEY PROPERTIES, L L C , a Virginia Bruited habihty company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY of VIRGINIA BEACH
THIS AGREEMENT, made this 10th day of November, 2002, by and between
QUARLES PETROLEUMINC , a Virginia corporation, Grantor, party of the first part,
WESLEY PROPERTIES, L L C , a Virginia limited h bihty company, Grantor, party of ,
the second part, and THE CITY of VIRGINIA BEACH, a municipal corporation of
the Commonwealth of Virginia, Grantee, party of the third part
W I T N E S S E T H
WHEREAS, the party of the second hart is the owner of a certain parcel of
property located m the Lynn a en District of the City of Virginia Beach, contammg
approximately o 833 acres as more particularly described in Exhibit "A" attached
hereto and incorporated herein by this reference the "Property") , and
WHEREAS, the party of the first part, being the contract purchaser of the
Property has initiated a conditional amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petit -ion addressed to the Grantee so as to change the
Zoning Classification of the Property from 0-2 office District to I-1 Light Industrial
I District, and
WHEREAS, the Grantee's policy is to provide only for the orderly development
f land for vanous purposes through zoning andother land development legislation, ;
and
WHEREAS, the Grantor acknowledges that the competing and sometimes
' mcornp tible development of vanous types of uses confhct and that m order to
permit differing types of uses on and in the area of the Property and at the same time �
to recognize the effects of change that will be created by the Grantor's proposed
rezoning, certain reasonable conditions governing the use of the Property for the
protection ofthe community that are not generally applicable to lance similarly oned ;
PREPARED BY are needed to resolve the situation to which the Grantor's rezoning ap lieati n gives
� p
SYKES ROUMN�
LEVY PC i rise, and
GPIN 1-62-1 1
PREPARED BY
S�NM BOU DO
WN & LWY P i
WHEREAS, the Grantor has voluntarily proffered, m wntmg, in advance of
and prior to the public hearmg before the Grantee, as a part of the proposed
amendment to the Zoning Map with respect to the Property, the following reasonable i
conditions related to the physical development, operation, and use of the Property to
be adopted as a part of said amendment to the Zornng Map relative and applicable t
the Property, which has a reasonable relation to the rezoning and the need for which
is generated by the rezoning
NOW, THEREFORE, the Grantor, its successors, personal representatives,
assigns, grantees, and other successors in title or unterest, voluntarily and v th ut
any requirement by or exaction from the Grantee or its governing both and without
any element of compulsion or d fro qua for zoning, rezoning, site plan, budding
permit, or subdivision approval, hereby makes the following declaration of conditions
and restrictions which shall restrict and govern the physical development, operation, �
and use of the Property and hereby covenants and agrees that this declaration shall i
I constitute covenants running with the Property, which shall be binding upon the ,
Property and upon all parties and persons claiming under or through the Grantor,
its successors,, personal representatives, assigns, grantees, and other successors M i
interest or title
1 When the Property is developed, it shall be developed substantially as
shown on the exhibit entitled "REZONING EXHIBIT FOR QUARLES PETROLEUM,
INC ", prepared by NISI, L L C , dated 1I -1 -02, which h has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department rtment f
Planning (hereinafter "Site Plan")
The freestanding monument style sign designated on the Site Plan shall
be brick based monument style sign no greater than six feet (61 in height
3 All outdoor lighting shall be shielded, deflected, shaded and focused to
direct light down onto the premises and away from adjoining property
When the Property 1s developed, ornamental metal fencing and
landscaping shall be installed as depicted on the Site Plan
Only the following. uses wall be permitted on the Property
Fix eking facility,
PREPARED B
SYI ES BOURDON
AWN& Lam' P
b) Business, medical, financial, non-profit, professional and similar i
office buildings, i
c) Commercial parking lot, and
d Public buildings and grounds
Further conditions may be required by the grantee during detailed Site
Plan revqew and administration of applicable City codes by al1 cognizant City
agencies and departments to meet all applicable city code requirement i
All references hereinabove to the I-1 District and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and '
Subdivision Ordnance of the city of Virgmia Beach, Virpnia, in force as of the date
of approval of this Agreement by City council, which are by this reference
incorporated herein
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions Such conditions shall
continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed The conditions,
however, may be repealed, amended, or vaned by wntten instrument recorded in the
Clerk's Office of the circuit Court of the city of Virgmia Beach, Virg:Lnra, and
executed by the record owner of the Property at the time of recordation of such
nstrument, 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 Virgmia,
1950, as amended Said ordnance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent, and if not so recorded, saad I
instrument shall be void
The Grantor covenants and agrees that I
I
(1) The Zoning Administrator of the city of Virpnia Beach, V: rginia, shad
be vested with all necessary a.uthonty, on behalf of the governing body of the city of
I
3
PREPARED B
SAS, ROURDON
AMERN ER [.k FY Pr
i
Virginia Leach, Virgmia, to admmister and enforce the foregoing conditions and
restrretions, including the authority (a) to order, in writmg, 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 builchng or occupancy permits as may be
appropriate,
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court, and
(4) The Zoning Map may show by an appropriate symbol on the map the
emstence 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 m the office ofthe Zoning Administrator and in the Planning partment,
and they shall be recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed in the names ofthe Grantor and the Grantee �
4
PREPARED B
MEN ROLTDO?
MN & LBrY P
WITNESS the follomnng signature and seal
GRANTOR
QUARLES PETROLEUM, INC ,
a Virginia corporation
By ► 1 � (SEAL)
Tide
�S�E OF VIRGINI�
CITY COUNTY OF �(��_C.�CS�2,�-, , to -wit
The foregoing iqstrument was a nowled a before me this 134�) dayof ;
y
November , 0, b � �' A� of Quarles
Petroleum, Inc , a Virginia corporation, GrAntor
I
1.2 i
Notary bh
I
Commission Expires
5
WITNESS the following signature and seal
GRANTOR
WESLEY PROPERTIES, L L C ,
a Virginia limited ility company
t
B ��-- �
Y ( SEAL)
I Reese Smith, Managmg Member
STATE F VIRGINIA
CITY OF VIRGINIA BEACH, to -wit
The foregoing instrument was acknowledged before one this 12#h clay of
November, 2002, by I Deese Smith, Ma agLng Member of Wesley Properties, L L C , a
1rgmia► limited habihty company �
Notary Public
My Commission Expires August 31, 200
PREPARED BY
SITE ROURDON
14ERN & LIVY PC.
EXKMIT "A"
ALL THAT certain lot, piece or parcel of land, with the buildings and unprovements
thereon, lying, situate and being in the City of Virgmia Beach, iri , and being
riovm, numbered and designated PARCEL W, o 833 ACRE, as show on that
rta m plat entitled "Subdivision Plat of Parcel ` B' Property of I Reese Smith,
Lynnh ven Borough, Va Bari, Va. ", which sad plat is duly recorded in the Clerk's
office of the Circuit Court of the City of Virginia Beach, Virginia, m Map Boob 137, at
Page 1
GPIN 1-2-11
CONDONE/ LE TTE PROFFER
PREPARED BY
SIM IROLIRDON
91N & L rY P C,
' F O tG Scnl&
} AGE -
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.5 7• " � � AG-2
A
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AG-
1; 2 w:-w ►1iO
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r2 ;` G-1
}
pin 403-21 1935 0241
ZONING HISTORY
1 a Rezoning A-R to M-13 Conditional Use Permit (mobile home park),
1 b Rezoning A-R to C-G3 Conditional Use Permit (gas station),
1c Rezoning A-R to C-1.3
All requests were Denied5-15-72
2 Conditional Use Permit (indoor/outdoor recreation — gym, boning rings & track)
Withdrawn4-23-84
3 Subdivision variance Approved - - 2,
Conditional Use Permit {single family home Approved - -92
Modification of Proffers Approved -11-,
Rezoning (AG-2 Agricultural to R-o Residential) Approved 1--,
Rezoning AG-1 Agricultural to R-20 Residential) Approved 1-4-94,
Rezoning R- o Residential to R-20 Residential) Approved 1-4-94,
Conditional Use Permit (open space promotion) Withdrawn 1-4-94,
Subdivision variance Approved 1-4-94,
Rezoning R-1 o Residential to AG-2 Agricultural) Approved -1 - 2,
Rezoning R-1 5 Residential to AG-2 Agricultural) Approved -1 -,
Rezoning (R-20 Residential to AG-2 Agricultural) Approved -1 - 2,
Conditional Use Permit (golf course) Approved -1 -92,
Rezoning AG-1 and 2 Agricultural to R-1 o Residential) Approved --1,
Rezoning AG-1 and 2 Agricultural to R-1 5 Residential) Approved - - 1,
Rezoning AG-1 and 2 Agricultural to R-20 Residential) Approved - - 1,
Conditional Use Permit (golf course) Approved -g- 1,
ML ~`
.lv-%w
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM West Neck Properties
Change of Zoning, Conditional Use Permit (Open Space Promotion),
and Subdivision Variance
MEETING DATE March 25, 2003
Background
n Ordinance upon Application of West [Neck Properties, Inc , a Virginia
Corporation, for a Change of Zoning District Classification from AG-1 and AG-2
Agricultural Districts to Conditional R-1 5 Residential District at the northwest
corner of West Neck Road and Indian River Road (GPIN #2 -21-1 , # 3-
21-0 1 The proposed zoning classification to Conditional R-1 5 is for single-
family residential land use on lots no less than 15,000 square feet This site is
located in the Transition Area as defined in the Comprehensive Plan Said parcel
is located at 3132 West Neck Road and contains 87 21 acres more or less
DISTRICT 7 — PRINCESS AN1E
An Ordinance upon Application of Vilest Neck Properties, Inc, a Virginia
Corporation, for a Conditional Use Permit for Open Space Promotion at the
northwest corner of West Neck Road and Indian River Road G P I N #2 03-21-
1 3 , #2 3- 1-02 1 Said parcel is located at 3132 West Neck Road and
contains 87 21 acres more or less DISTRICT 7 — PRINCESS ANNE
Appeal to Decisions of Administrative Officers in regard to certain elements of the
Subdivision Ordinance, Subdivision for West Neck Properties, Inc , a Virginia
Corporation Said parcel is located at 3132 blest Neck Road (GPIN #2 -21 -
1935, 20-1-01 and contains 87 21 acres more or less DISTRICT 7 —
PRINCESS A f E
This request Was deferred by the City Council on
January 22, 2002 to February 5, 2002
0 February 5, 2002 to March 5, 2002
0 March 5, 2002 to March 2, 2002
0 March 26, 2002 to April 9, 200
April g, 2002 to May r 14, 2002
May 14, 2002, deferred indefinitely
■ Considerations
The proposed development consists of 64 lots and 37 66 acres of open space
(not including City -defined wetlands) Density equals 0 93 units per developable
West Neck Properties
Page 2 of 3
acre (does not include City -defined wetlands) Of the total 87 55 acres on the
site, 57 49 acres (66% of the total site) is in open space (outside lot area and
street right of ways) The percentage of "developable" area devoted to open
space is approximately % Lots range to size from 10,800 square feet to over
20,000 square feet with an average lot size of 16,000 square feet The proposal
includes 46 74 acres of land to be dedicated to the city This includes 1
acres of City -defined wetlands bordering vest Neck creek and 28 28 acres of
upland adjacent to these wetlands and along West Neck Road and Indian River
Road
The applicant is also requesting a subdivision variance to the 30 foot minimum
pavement width for interior streets In order to reduce the overall amount of
pavement, the applicant is proposing a 28 foot pavement width
Staff has assessed the plan against the new Transition Area Matrix and
Guidelines, and concludes that the applicant's proposal meets the applicable
provisions The Matrix assessment is attached The assessment resulted in
score equivalent to o 94 dwelling units per acre The applicants proposal is at
o 93 units per acre The 57 acres of wetlands and open space plus the cash
proffers designated for the purpose of open space clearly demonstrate the
promotion of open space associated with this proposal The design of the
subdivision preserves sensitive areas and showcases environmental features by
incorporating them as open space This open space both surrounds and winds
through the development, creating a very useable network of trails all of which
connect with the Cit 's West Neck Creek Linear Park
Staff recommended approval There was opposition to the request
■ Recommendations
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions
The subdivision shall be developed as depicted on the submitted
subdivision plan entitled, "Preliminary Subdivision Plan for Eagles Nest for
West Neck Properties, Inc Virginia Beach, Virginia," dated Jul} 5, 2001
revised 11 1 01, prepared by Burgess and Niple, which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning
The applicant shall install a fence or other landscape treatment acceptable
to the residents of the three lots on Indian River Read, which are mostly
surrounded by the proposed development In addition, the applicant shell
grant public utility easements and make city water and sewer facilities
available to these three lots
■ Attachments
Staff Review
Disclosure Statement
Planning Commission Minutes
Hest Neck Properties
Page 3 of 3
Location Map
Recommended Action staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency
City Manager Qr3 !L
Planning Department
���� r�
WEST NECK PROPERTIES / # 19 - 21
December 12, 2001
REVISED March 7, 2003
This report has been revised to reflect the most recently submitted
plan
General Information:
REQUEST (19) Change of Zoning District Classification from AG-4 and
AG-2 Agricultural Districts to Conditional R-15 Residential
District
(20) Conditional Use Permit for Open Space Promotion
(21) Appeal to Decisions of Administrative Officers in regard to
certain elements of the Subdivision Ordinance (minimum
street pavement width)
If . f J 14
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ADDRESS 3132 West Neck d Road E corner of West Neck Road and Indian
River Road)
,4,
.- %.
P1annin g Commission Agenda .CC
December 1, 2001 (REVISED ISED March , 2003) Ak..
WEST NECK PROPERTIES TIES / # 1 - 21
Page 1
GPIN #2 -21-1. 2 -21- 2 1
ELECTION
DISTRICT 7 - PRINCESS ANNE
SITE SIZE 87 55 acres more or less
STAFF
PLANNER Ashby Moss
Major Issuesm
Consistency with the policies of the Comprehensive Piarn for the Transition
Area
• Impact on City systems (transportation, utilities schools)
0 Compatibility with the surrounding area in terms of land use
Land Use,
Zoning, and Site
Characteristics@
Existing Land Use and
Zon�n�c,.
The property is currently
developed with a single-
family dwelling and various
other outbuildings and
structures including a
stable greenhouse,
detached garage pool,
tennis court and
basketball court The
property is zoned AG-1
Planning Commission Agenda
December 12, 2001 (REVISED March 7, 2003)
VILEST NECK PROPERTIES TIES I # 19 - 21
Page
and AG-2 Agricultural Districts
Surrounding Land Use and Zo
North 0 Cultivated fields / AG-1 and 2 Agricultural Districts
South . Three single-family dwellings fronting Indian River
Road / AG-2 Agricultural District
• Across Indian River Road, farm with single-family
dwelling (included in Agriculturai Reserve
Program) / AG-1 and 2 Agricultural Distracts
East • Woodlands and wetlands (C(ty-owned property) /
AG-1 and 2 Agricultural Districts
West • Single-family subdivision (Indian River Plantation)
Conditional R-20 Residential District
Zoning -and Land Use Statistics
With Existing The density provisions of Section 402 of the City
Zoning Zoning Ordinance would allow four to fire single-family
dwellings by -right depending on the amount of Tree I
and 2 soils present
With The conditional zoning agreement limits the number of
Proposed lots to 64 and requires the development design to
Zoning follow the preliminary subdivision plan described below
A total of 46 74 acres of mostly wetlands and some
upland areas will be dedicated to the City Another
10 75 acres of open space within the development will
be owned by a Property Owners' Association
Planning Commission Agenda
December 12, 2001 (REVISED March 7, 0 3
WEST NECK PROPERTIES / # 1 - 21
Page 3
Zoninci Hist
or
three-part rezoning request was denied on the subject property in 1972 The three
parts to the rezoning request included a corner parcel proposed for a gas station, the
Indian River Road frontage proposed for commercial, and the remaining area proposed
for a mobile home park Twelve years later, a conditional use permit for a portion of the
subject property was requested That proposal, for indoor/outdoor recreation, including
a gym, boning rings, a track, and a lodge was withdrawn April 23, 1984
East of the subject property across West beck Road, a number of zoning actions have
occurred for the Indian River Plantation development In 1991, the property was
rezoned from Agriculture to various residential districts with a conditional use permit for
a golf course In 1992, these zonings were changed back to Agriculture with another
conditional use permit for a golf course Finally: in 1994, most of this portion of the
property was rezoned to Conditional R-20 The proffers were modified on part of this
area in 1999, but the zoning remains Conditional R-20 Residential District
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ area of less than 65 dB Ldn surrounding NAS Oceana and
NALF Fentress The proposed use is compatible with this AlCUZ
Planning Commission Agenda
December 12, 2001 (REVISED March 7, 3
WEST NECK PROPERTIES / # 1 - 21
Page 4
deg
Natural Resource and Physical Characteristics
The property contains both open fields, not under cultivation, and heavily wooded areas
While the wooded areas are mostly on the eastern side of the property, there are a
number of mature hardwoods at the center of the property around the existing house
The existing driveway is also lined on both sides with tall evergreen trees This has
been incorporated in the proposed site plan as part of a multi -purpose trail
This land drains to West Neck Creel, located approximately 400 feet from the northeast
corner of this property Consequently, wetlands and floodplain comprise a large portion
of the eastern and northern sides of this property Soils on the site are a mixture,
dominated by Tornotley (poorly drained, hydric) and Dragston somewhat poorly
drained, non-hydric)
Public Facilities and Services
Water and Sewer
There is currently no City water or sanitary sewer available to this property The plan, as
proposed, cannot be developed without City sewer However, the Capital Improvement
Program CIP lists projects for water and surer extensions along Vilest Neck Road d to
point north of the proposed site To extend water and sewer to the subject site, the
developer would have to construct a pump station and extend sewer and water lines
approximately 5,000 feet It is the intent of the applicant to extend water and sewer to
the site and discussions have been held with Public Utilities regarding this extension
Transportation
Master Transportation Plan (IVITP) / Capital Improvement Program (CIP)
Vilest Neck Road in the vicinity of this application is currently a two lane undivided
rural arterial, and Indian River Road in the vicinity of this application is currently a
two lane undivided rural arterial The 11TP designates Indian Fiver Road as a 100
foot divided roadway
Traffic Calculations
Street Name ' Present Present' Generated Traffic i
Volume Ca city "
West Neck Road =2 502 ADT i_ 7 400 ADVI Potential Land Use -- 90 ADT
Planning Commission Agenda
December 12, 2001 (REVISED March 7, 2003)
WEST NECK PROPERTIES # 1 - 21
Pave
Proposed Land Use -- 660 ADT
Average Daily Trips
2 as defined by 5 single family dwellings
3 as defined by 66 single family dwellings
Schools (data from November, 2001)
School Name
Current
Capacity
Generation
Enrollment
North Landing
Elementary
Panes Anse
-
iddle
Kellam High
21365
90 0
12
generation represents the difference between generated students under the existing zoning and
under the proposed zoning The number can be positive (additional students) or negative fewer
students)
Public Safety
Police
Fire and
Rescue
Adequate No fu rther comments
Adequate If road widths are less than 30 feet, parking should
only be permitted on one side of the road
Summary of Proposal
Proposal
The proposed development consists of 64 lots and 37 66 acres of open space (not
including City -defined wetlands) Density equals o 93 units per deefopable acre
(does not include City -defined wetlands), and non -City -defined wetland open space
equals 55 percent of the developable area Lots range is size from 10,800 square
feet to over 20,00square feet with an average lot size of 16,000 square feet
The proposal includes 46 74 acres of rand to be dedicated to the City This includes
16 46 acres of City -defined wetlands bordering West Neck Creek and 28 28 acres of
upland adjacent to these wetlands and along West t Neck Road and Indian River
Road
Planning Commission Agenda
December 12, 2001 (REVISED March 7, 2003)
'EST NECK PROPERTIES 1 - 21
Page
• The applicant is also requesting a subdivision variance to the 30 foot minimum
pavement width for interior streets in order to reduce the overall amount of
pavement, the applicant is proposing a 28 foot pavement width
very small amount of fill in the floodplain is necessary to reach some of the high,
developable land on the property The lost floodplain area will be mitigated on site in
n equal amount A floodplain variance is net required as the area of fill is only
percent of the total flood fringe area on the site
Site Design
The plan shows a 64 lot subdivision served by a road with threecul-de-sacs and a
loop The area proposed for development is primarily located on the western half of
the property Much of the eastern half, which is primarily wetlands and floodplain, is
proposed for dedication to the City, to be integrated into the City's West Neck Creek
Linear Park property
Along both the West Neck Road and Indian River Road street frontage, 150 foot
buffers are also proposed for dedication to the City The street frontage buffer is
interrupted at one point on Indian River Road where the development wraps around
three existing houses
• The central feature of this subdivision plan is a 10 foot wide multi -purpose trail that
runs through the center of the site adjacent to the rain interior road This trail
consists of the existing tree -lined asphalt driveway, which will be extended past its
current terminus all the gray to the wetlands at the back of the site A 15 foot public
access easement will sanction public access to and use of the trail
• A 1 37 acre stormwater management facility is shown on the plan at the center of
the site The presence of the road swales may reduce the size or eliminate the need
for this facility entirely
Vehicular and Pedestrian Access
The proposed subdivision's sole entrance is on West Neck Road, just south of the
existing driveway for the property The interior roads consist of a loop road and three
cul-de-sacs
• The divided entrance includes two exit lanes and one entry lane
0 Both right and left turn lanes are shown on best Neck Road
Planning Commission Agenda
December 12, 2001 (REVISED March 7, 2003)
WEST NECK PROPERTIES / # 19 - 21
Page 7
In addition to the ten foot paved multi -purpose trail within the development, are eight
foot frail is proposed within the buffer along Vest Neck Road and Indian Fiver Road
{This buffer is proposed for dedication to the City, so the trails will also be City -
owned
• Sidewalks are shown along one side of the interior streets
• Another 15 foot public access easement is shown adjacent to lot 11, connecting the
buffer trail on Indian River Road to the interior sidewalk system
Pressed concrete brick paver crosswalks are shown at four points where
sidewalks/trails cross an interior street
Parking for guests will be affowed on only one side of the streets due to the reduced
pavement width that is proposed
Architectural Design
• The applicant has proffered minimum house sizes of 2,600 square feet for one story
houses and 2,800 square feet for two story houses Each house will have a two car
garage In addition, at least 75 percent of the exterior building material must be
brick, stone, stucco, or similar quality material
• A four foot high, eight foot wide brick monument style sign is shown on a one foot
concrete base for the proposed community entrance sign
Landscape and Ooen Space
• f the total 87 55 acres on the site, 57 49 acres of the total site) is in open
space (outside lot area and street right of ways) The percentage of "developable"
area devoted to open space is approximately %
total of 46 74 acres of open space % of the total site) is to be dedicated to the
City This includes the wetlands and floodplain on the eastern portion of the
property, which are proffered to become part of the West Neck Creek Linear Park
The 150 foot buffers along West Deck Road and Indian Fiver Road are also
included in this figure
• Interior open space to be owned by a Property Owners' Association equals 1
acres
The total amount of open space that can be credited toward the 15 percent
requirement for open space promotion is 37 66 acres or 55 percent of the
►*�' BEA
Planning Commission Agenda
December 12, 2001 (REVISED March 7, 2003)
WEST NECK PROPERTIES / # 19 - 21
Page 8
developable land on the site
Landscaping proposed for the 150 feet buffers along Vilest Neck Toad and Indian
River Road consists of a 50 to 70 foot guide bean along the interior part of the buffer
The berm area is to be reforested with at least 70 percent nature specie of shrubs
and trees On the street side of the berry, 30 by 50 foot landscape beds will be
placed 200 to 250 feet apart, consisting of shrubs, ornamental grasses, and
perennials
Proffers
PROFFER # 1 When development takes place upon that portion of the
Property which is to be developed, it shall be as a single
family residential community of no more than sixty-four
(64) building lots substantially in conformance with the
Exhibit entitled "PRELIMINARY SUBDIVISION PLAN FOR
EAGLES NEST FOR WEST NECK PROPERTIES, INC
I IRGINIA BEACH, IRGINIA," dated July 5, 2001 reprised
11 1 01, prepared by Burgess and Niple, which has been
exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning `Concept
Plan"
Staff Evaluation The proposed subdivision plan is acceptable
PROFFER # 2 When the property is developed, approximately 6 7
acres of forested area and buffers along West Neck Road
and Indian River Road ling outside the residential lots and
roadways depicted on the Concept Plan shall be dedicated
to the Grantee as Public Open Space Are additional 1
acres of open Space including an improved multi -purpose
trail for use by the public shall be maintained by the
Property Owners Association
Staff Evaluation This proffer is acceptable The wetlands and adjacent
uplands proposed for dedication adjoin several acres of
City -owned land bordenng West Neck creek This land
will be a welcome addition to the west Neck creek Linear
Park
Planning Commission Agenda
December 12, 2001 (REVISED March 7, 2003)
ZEST NECK PROPERTIES 1 - 21
Page
PROFFER # 3 The entrance to the community and multi -purpose trail and
the typical street section of future Vilest Neck Road and the
roads within the community shall be constructed and
installed substantially in conformance with the detailed
plans on page 2 of the Concept Plan No on -street parking
shall be permitted on one side of every road within the
community
Staff Evaluation This proffer is acceptable The intenor roadway sections
are just two feet shy of the standard 30 foot pavement
section Restricting ors -street parking to just one sale of
the street will ensure adequate paved width for emergency
vehicles on the interior roads
PROFFER # 4 When the Property is subdivided it shall be subject to a
recorded Declaration of Protective Covenants Conditions
and Restrictions "Deed Restrictions") administered by a
Property Owners Association which shall be responsible
for maintaining all common area easements, including the
community owned open space and multi -purpose trail, the
entrance sinae and neighborhood park
Staff Evaluation This proffer is acceptable The Deed Restrictions and
Property Owners' Association will help promote and
maintaln the level of quality demonstrated In this proposal
PROFFER # 5 All residential dwellings constructed on the Property shall
have visible exterior surfaces, excluding roof, trim,
windows, and doom, which is no less than seventy-five
percent brick, stone, stucco or similar quality
materials Any one-story dwelling shall contain no less
than 2600 square feet of enclosed living area excluding
garage area and any two-story dwelling shalt contain no
less than Zoo square feet of enclosed living area
excluding garage area The front yards of all homes shall
e sodded The Deed Restrictions shall require each
dwelling to have, at a minimum, a two 2 car garage and
driveway (including apron) with a minimum of four hundred
ninety o square fleet of hardened surface area
Staff Evaluation This proffer is acceptable The size of the proposed
homes, duality exterior building materials, and sodded
Planning Commission Agenda
December 12, 2001 (REVISED March 7. 2003)
WEST NECK PROPERTIES 1 - 21
Page 1
front yards will all contribute to a high quality appearance
for this subdivision The two car garages and minimum
sized driveways will alleviate the need for on -street parking
because of the afternatrve design for the interior streets
Four hundred ninety (490) square feel ►s the equivalent of
three 9 by 18 foot parking spaces
PROFFER # 6 When the Property is developed, every reasonable effort
will be made to preserve as many of the existing trees on
the site as practical and a tree preservation plan shall be
submitted to the Grantee for review along with the
Preliminary Subdivision flan
Staff Evaluation This proffer Is acceptable Since most of the existing trees
on the site are outside of the proposed development
areas., preserving trees should be uncomplicated The
tree preservation plan will he most helpful on lots 38 thr
46 and the area of the stormwater management facility
which are located behind the treelrn
PROFFER # 7 The Grantors recognize that the subject site is located
within the Transition Area identified in the Comprehensive
Plan of the City of Virginia Beach, adopted are November
4, 1997 The Comprehensive Plan states that
development taking place in this area should support the
primary purpose of advancing open space and recreational
uses In addition to committing sixty-five percent (65%) of
the Property to open space preservation, via the
dedication of forty-six and seventy-four one hundredths
(46 74) acres of the Property to Grantee as a part of West
Neck Creek Linear Park, and ten and three quarter acres
to the Property Owners Association as permanent open
space the Grantors agree to contribute the sum of One
Thousand Two Hundred Fifty Dollars ($1,250 00) per lot to
Grantee to be utilized by the Grantee to acquire land for
open space preservation pursuant to Grantee's Outdoors
Play If the funds proffered by the Grantors in this
paragraph are not used by the Grantee anytime within the
next twenty (20) years for the purpose for which they are
proffered, then any funds paid and unused may be used
by the Grantee for any other public purpose Grantors
agree to make payment for each residential lot shown on
Planning Commission Agenda
December 12, 2001 (REVISED March 7,2003)
WEST NECK PROPERTIES f # 1 -.1
Page 11
any subdivision plat prior to recordation of that plat
Staff Evaluation This proffer Is acceptable The cash proffer of $1,250 per
lot equates to a tofal of $80, 000 for at! 64 lots
PROFFER # 8 Further conditions may be required by the Grantee during
detailed Site Plan and or Subdivision review and
administration of applicable City codes by all cognizant
City agencies and departments to meet all applicable City
code requirements Any references hereinabove to the R-
15 Zoning District and to the requirements and regulations
applicable thereto refer to the Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach,
Virginia, in force as of the date of approval of this
Agreement by City Council, which are by this reference
incorporated herein
Staff Evaluation This proffer reaffirms that all provisions of the City Codes
will be met and that the rezoning proposal outlined above
does not eliminate the applroant�s responsr rllty to follow
the adopted rules and regulations
City Attorneys The City Attorneys Office has reviewed the proffer
Office agreement dated November 23, 2001, and found it to be
legally sufficient and in acceptable legal form
Comprehensive Plan
The Comprehensive Plan recommends use of this parcel for appropriate growth
opportunities, consistent with the economic Vitality policies of Virginia Beach in
accordance with other Plan policies This area, classified by the Plan as the Transition
Area, serves as a land use buffer between the clearly urbanizing area of the north and
the clearly rural area of the south The Plan offers the following planning policy
guidance for this area After each policy statement, an assessment of the development
proposal in terms of the statement is provided
Provision 1
"Residential development within the Transition Area should adhere to the following
guidelines
Planning Commission Agenda
December 12, 2001 (REVISED March 7, 2003)
WEST NECK PROPERTIES # 1 - 21
Page 12
(a) Create high quality neighborhoods through careful planning of land uses,
transportation systems, landscape treatments and public improvements
(b) Design with nature, making a special effort to preserve and showcase significant
environmental resources Carefully integrate such natural features and use therm
as a basis, where possible, to enhance and define neighborhoods, recreation
areas, open spaces, and views of special natural areas
(c) Construct local rows with minimal pavement width, wide shoulders and side
sweles Include a well planned pedestrian circulation system to connect
neighborhoods, recreational areas and open spaces Minimize through
consolidation the number of street accesses to arterial roadways" pp 72-73,
Policy Document)
Staff Assessment The proposed development meets this provision The subdivision is
designed to showcase the existing tree -lined driveway by preserving it for a multi-
purpose trail This trail connects to a planned network of trails and sidewalks leading to
other open spaces within and surrounding the development, IncludIng a major Clty park
Lot size is reduced and lots and roads are placed in locations to avoid sensitive areas
and most of the existing wooded areas A 150 foot reforested buffer with a berm is
included along Indian fiver Road and west Neck Road, farther integrating the
development into the surrounding landscape, consistent with the character of the
Transition Area as a movement in residential density and design from the urban north to
the rural south A tree preservation plan has been proffered to preserve trees where
possible The roadway is designed with less pavement than a standard urban street
sectlon
Pre i ian
"The residential growth in the Transition Area is not to be considered as a continuation
of growth in the north, but as a special type of growth, with its own development
standards suitable to the atmosphere and character of the area, and associated where
possible with significant open space and recreational amenity The Transition Area is to
be seen as an open space and recreational mecca with residential development present
only to the extent it supports the primary purpose of advancing open space and
recreational uses Residential use not associated with this purpose is not encouraged"
(p 7 3
Staff Assessment Depending on whether City -defined wetlands are included in the
calculation, this development proposal includes either 57 or 66 percent open space
Erther way, it rs clear that the ma onto of the development consists of open space, most
of which is accessible to the public through the trail system that is provided Further,
the applicant has proffered S 1 3,2 0 per lot total of $80, 000 to be used for the
purchase of open space pursuant to the crt 's Outdoors Plan Therefore, this proposal
Planning Commission Agenda
December 12, 2001 (REVISED March 7, 2003
EST NECK PROPERTIES 1- 21
Page 13
appears to qualify as one that will advance publicly accessible open space and
recreational uses with the residential component as secondary
Provision
"Development that takes place in this area should be shorn to be at the least fiscally
neutral Fiscally neutral means that development must both agenerate more in to
revenue than the public services cost to support it, and b be of such a density that,
when coupled with other existing and potential development in the area, it will not
generate the need for substantial infrastructure improvement in advance of the City's
ability to install it" p 74)
Staff Assessment Based on the quality materials for the houses and the value of the
open space within and surrounding this development, these houses will have a value of
at least $400,000 Further, the cost of extending water and sewer to this property will
e paid by the applicant Public Utilities already has plans to extend public water and
sewer close to this area The applicant would have to pay the cost of extending these
services to the subject property
Provision
"s an alternative to fiscal neutrality, the use of cash proffers to offset negative fiscal
impact can be considered" p 74)
Staff Assessment The applicant has offered 1,2 o per lot or s total of $80.9 , but
this has been designated for the purpose of purchasing open space Based on the
factors noted above in the staff Assessment for Provision 3,, staff concludes that the
development is likely to be fiscally neutral
Provision
"The entire project should be developed at a density which is the lowest of the following
(a) The density that, in the opinion of the City Council, establishes the residential
component as secondary,
(b) The density that, in the opinion of the City Council, assures a character of the
project in keeping with the character of the Transition Area,
(c) The traffic equivalent of one dwelling unit per developable acre (That is ten
generated trips per developable acre)" (p 74)
"The density of the project will be governed by the overriding density requirement set
forth here} as well as the degree to which it represents quality development and the
degree to which it presents the recreation element and the supporting housing, s the
primary focus of the project" p 75)
Planning Commission Agenda
December 12, 2001 (REVISED March 7. 2003)
VILEST NECK PROPERTIES 1 - 21
Page 1
Staff Assessment Sixty-four (64) lots on the 69 acres of developable land equates to a
density of 0 93 lots per developable acre
Evaluation of Request
The applicant's request for a change of zoning on this property from AG-1 and 2
Agricultural Districts to R- 15 Residential District, for a conditional use permit for an open
space promotion and for a subdivision variance is acceptable staff concludes that the
applicant's proposal meets all applicable provisions of the Comprehensive Plan for the
Transition Area The 57 acres of wetlands and open space plus the cash proffers
designated for the purpose of open space clearly demonstrate the promotion of open
space associated with this proposal The proposed density is slightly less than the
recommended maximum for the Transition Area The design of the subdivision
preserves sensitive areas and showcases environmental features by incorporating them
as open space This open space both surrounds and winds through the development,
creating a very useable network of trails, all of which connect with the City's Wet Neck
k
Creek Linear Park Therefore, the requests are recommended for approval
Conditions
1 The subdivision shall be developed as depicted on the submitted subdivision
plan entitled, "Preliminary Subdivision Plan for Eagles Nest for West Neck
Properties, I ne Virginia Beach, Vit inia. " dated ,.July 5, 2001 revised 11 1 01,
prepared by Burgess and Niple, which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Department of Planning
2 The applicant shall install a fence or other landscape treatment acceptable to the
residents of the three lets on Indian River Road, which are mostly surrounded by
the proposed development In addition, the applicant shall grant public utility
easements and make city water and severer facilities available to these three lots
NOTE Further conditions maybe required during the
administration of applicable City Ordinances The
subdivision plan submitted with this conditional use permit
may require revision during detailed plan review to meet all
applicable City Codes Conditional use permits must be
activated within 12 months of City Council approval See
Section 220(g) of the City Zoning Ordinance for further
information
Planning Commission Agenda
December 12, 2001 (REVISED March 7, 2003)
WEST NECK PROPERTIES 1 -- 21
Page 1
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(REVISED March , 2003) X
WEST NECK PROPERTIES I # 1 - 21
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Planning Commission Agenda
December 12, 2001 (REVISED March 7, 2003)
WEST NECK PROPERTIES 1 - 21
Page 1
4
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ENTRANCE SIGN
Planning Commission Agenda ��r , =
December 1, 1 (REVISED March 7,2003) k kwt
kL Ile
WEST NECK PROPERTIES / 1 - 1 ` .�. e
Page 1
Planning Commission
December 12, 2001 (REVISED March
WEST NECK PROPERTIES /
Agenda
7) 23
1-1
Page 1
XPPLICATION P4Gk'
CONDITIONAL REZONING
M of VIRGINLk BEACH
DISCLOSURE STA' FME T
kpplllt1t 6Name x6L '' k E
List All Current
Property Ownrrs
PROPERTY OWNER disci OSURE
If the propertv ovoncr is ia CORPORATION lnt ail officm of he Ccrpor aton below -1vach 'ter Ji-es essarvr
!` the roperfv -iwnff Ls a PAIR FNERIS HIP FIRM or al U14INCO R ATFI) ORAN17.1T1ON h
-%I] members or partners in the organization below (Alta(h Its-, •f neressen )
• Ijcck here r1 [fie property owner 1s No f a carporalL -,n p•trtncrsh-p firm or -it'r r u r i nzorporawd
017 ` TZl911C1" f
If zhe applicant is not the crinvitt owner of r e property complefe the Appheant Disclosure sectropt below
PPLICANT DiSCLOSUR� I
If the apple--int is a LoRJPORAI]ON fist a!I ufficers i` he Corpora[jan bcIaw I fr lrsr rre- e5i-in
k_ • t F r ' ci
1
SS
S
It t-ic applicani is a PA RTNERSHIP FIRM or other UNIN C~ RFOR TEE 0 R C 4L N i r10 N i i v !I
mzrnb rs or partners in the or %ni7at1on MOW "Afro- L I
err if jht app}- Lan• IN CIT' a Corp0f;5L- F # If%%I �_%r L)tlltR Wi-I. U 'Alt -A 1.3r2XV If W n
FRTin( rI N I CCra y that the in ormat on contained herein is true and act uratr
wit t Nekt
Signature
n
Irvit N'imc
Pir
Planning Commission Agenda
J
December 12, 2001(REVISED March 7, 2003)
WEST NET{ PROPERTIES # 1 - 21
Page 2
Transition Area Matrix
Allowable maximum residential density for any rezoning in the Transition Area
under the policies of the Comprehensive Plan is 1 unit per acre The maximum
density can be achieved through adherence to the Evaluative Criteria provided
below and further explained in the Design Guidelines for the Transition Area
Each section of the Evaluative Criteria below ties to the Design Guidelines
through the graphic icon at the top of the section For further guidance on the
respective section of the Matrix, turn to the page of the Guidelines that has the
corresponding graphic icon
Staff will `score' the proposed development for its consistency with the Evaluative
Criteria below The scores are then totaled and the total i ;plugged' into the
formula below to determine the recommended maximum density for the
development
Evaluative Criteria
Total
Comments
Natural Resources
Degrees to which the project
2
'
preserves and integrates into the
I
overall prolect the natural
resource amenities on the site
Amenity
Nature and degree of the
3
amenity
Design
Degree to which the project
48
incorporates good design into the
project
A TOTAL 97
(B) TOTAL / 11 possible points 88
( TOTAL / 11 *
44
D Line + 0 5 du/acre 0 94 du/acre
(E) Line D * total 64 9 units
developable acres ( 69 09
Line A total number of points from the worksheets on the following pages
Line B total divided by the total number of possible points which is 11
Line C total from Lino B multiplied by o 5 which is the amount between the baseline density of o 5 dwelling
units per acre and the possible 1 dwelling unit per acre (du/ac)
Line D total from Line D added to o 5 dulac (the baseline density) to obtain the rna mum density for the site
Line E total from Line D multiplied by the number of developable acres on the site thus providing the
maximum number of units for the site
Transition Area Matrix
Page 1 of
%Documents and Bethngs\swhite%My Documents\Prolects%TA1_TAmatrix westneck0 0 doc
YES X (0 to 1
point)1 �
j
. I
I
INO (0 points)
b) Are natural resources integrated into protect?
Comments
T17o only natural resources that can be
physically integrated into the project are the
wooded areas not located within the
floodplain or Corps wetlands
The project does utilize the wooded areas by
the plaint of 9 lots within the area and
through a trail which runs back to a knoll
that provides an observation area for the
wetlands along the eastern part of the site
Through avoidance of the wetland and
floodplain areas these areas are
interspersed within the development in a
couple of places
(1) Natural Resources
existing forests wetlands meadows cultr
related features
a) Are natural resources protected
Comments
• Development avoids 100 year floodplain
(except for a roadway crossing) City defined
wetlands Corps of Engineers wetlands
(except for roadway crossing) and the
majonty of the wooded areas
1 �
IYES X (0to1 �pl
point)
NO - (Opoints)
I�
TOTAL (NATURAL RESOURCES) 201
Insert an appropriate box on page 1 '
Transition Area Matrix
Page 2of
\Documents and ettin l whiteWy Documents\Projects\TA1`TAm trix westne k0 O doo
(2) Amenity
a feature that increases the attractiveness or value of the site
consistent with the goals and objectives of the
Comprehensive Plan for the Transition Area j
a Is the amenity, if present, visually or
operationally available to those who do not
own property in the development'?
Comments
• The amenity for this project is the wetland
areas associated with Nest Neck creek and
the trails that connect those areas with the
public right of way
The wetland areas are visually available to
those who do not own property in the
development through the trail system which
runs back to the creek and the Nest Neck
District Park
n area identified on the plan as a
neighborhood park and connected to the
trail provides an observation opportunity into
the creek s wetland wooded areas
b) Does the amenity consist of recreational
components
Comments
• The development possesses a recreational
amenity in terms of the trails that run through
It and the access provided to the wetlands
wooded areas and habitat along the creek
Total
YES X (0 to 1 1 0
point)
NO (4 points)
NO --1 (0 points) �
i
Transition Area Matrix
Page 3 of
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c) Are improvements made that provide visual or
physical access to the natural resources on
the site OR are improvements made to create
a new amenity to the property
Comments
+ Trails are shown that lead to the creek's
wetland wooded areas and that run through
the community
• The development leaves the future
opportunity for nature trails canoe access
and similar amenities through the dedication
of the area along the creek to the City of
Virginia Beach and the proffering of cash that
the City can use tou and providing such
amenities
YES X (0 to 1
point)
NO r {0 points} ,
ci) is there connectivity linking any open space
and/or amenities between this development
and adjacent existing or future developments
vac
Comments
The development possesses areas on both
the east and north side of the site that are to
be dedicated to the City of Virginia Beach
and can be used to create connectivity to
adjoining properties and to west Neck Creek
Park
The development adjoins public roadways on
the west and south and proposes trails along
both of these roadways thus insuring
connectivity
I point)
x (o to 1
NO -- (0 points)
10
TOTAL (AMENITY) I 3 9 1
Insert in appropriate box on page 1
L
Transition Area Matrix
Paige {4 of
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(3) Design
creation or execution in an artistic or highly skilled manner
consistent with the goals and objectives of the
Comprehensive Plan for the Transition Area
a} Are natural or manmade water features
incorporated into the development in a way
that they serve as amenities?
Comments
• The development preserves and integrates
into the project the natural water feature
adjacent to the site (west Neck creek) and
the wooded areas associated with it These
areas serve as amenities to the
development
Total
I j
YES X (0 to 1
+ point) f 1 0
NO - (0 points)
b} Is there an attempt to integrate units with
amenities within the development?
Comments YES X (0 to 1 ' 1 01
Integration consists of avoidance of the point) i
nafural resources on the site leaving open
areas and through the trails That are
provided
j
� I i
� NO - (0 points)
� � I
Transition Area Matrix
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c} Does the development retain or create views
or scenic vistas that can be seen from the
road
Comments
s
• The site currently consists of farmland in the
front along the roads and environmentally
constrained areas in the rear Development
of the site therefore must occur within the
currently farmed areas
• There rs no retention of the farmed areas
along the roadway 150 foot area along the
roadway will however be left open and will
be reforested and bemired Area will be
dedicated to the City of Virginia Beach
• Plan retains a beautiful tree lined drive and
converts It to a trail
d) Is a mixture of lot sizes and the clustering or
massing of homes used to achieve a primarily
open space develapment9
Comments
Average lot size is 16 000 sq ft , with lot
sizes ranging from 10 Boo to 20 600
• Lot sizes are reduced from larger saes 30 to
o 000 and placed on the developable land
on the property avoiding the natural
resource areas and leaving a 150 foot buffer
of reforested open space along the roadway
The area of the site doted to open space
consists of a vast majority of the site
however that open space is mostly areas of
the site that cannot be developed due to
natural resource constraints
YES X (0 to 1
point)
NO - (0 points)
YES X (0 to 1
point)
NO (0 points)
Transition Area Matrix
Page 6 of
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e}
Does the development use roadway and "hard
infrastructure's that is appropriate for its
designs Is it consistent with the vision and
recommendations mendations of this area as expressed in
the Comprehensive Plan'
Comments
• Yes — a roadway cross section consisting of
swales and reduced pavement width is
proposed
YES X (0 to 1
point)
NO U (Q points)
10
TOTAL (DESIGN) 4 $ ,
Insert in appropriate box on page 1
Transition Area Matrix
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Item #19
Nest Neck Properties
Appeal to Decisions of Administrative officers
3132 west Deck Road
December 12, 2001
REGULAR AGENDA
Robert Miller Next t items are items 19 through 21 for west Neck Properties We don't have
anybody signed up to speak for this one
Eddie Bourdon For the record, Eddie Bourdon representing the application Sorry I dtdn t sign
up to speak There are some adjacent property owners here and I have been discussing the
application with them and I don't know that they are going to speak but I certainly want to afford
them the opportunity to do so but I will address some of the other concerns that we talked about
f will beep it brief because I think that might have been the point of the rote I arn not touching on
what you need to be touched on so please ask me questions The — basically it is the 87 12 acre
piece of property at Indian River Road and West Neck Road more of the Urban Services
boundary line which is Indian River Road It is directly across 'west Neck Road from Indian
River Plantation The property is zoned by the Snyder farruly There is a lengthy history to the
property which I won't cro into It is a beautiful piece of property We have been working with
staff and want to express onset our appreciation for the difficulty of this site presented in some
ways with regard to floodplain and outer issues and we have worked with staff and appreciate
their patience in working with Lis to come lip with a plan and I think is a beautiful plan one that
we certainly will be proud of Out of this 87 1 acres of total land area 65% of it is going to be,
dedicated open space either to the City of Virginia Beach or to the property owner association or
community association So you are t ll rig about 3 % of the site will be occupied by homes and
roadway area The density is less than one unit per acre as provided for in the transition area
The City, receives 3 acres of land dedicated and the homeowners association will have 1
3 acres of land dedicated In addition to that because the transition area discusses and calls for
public open space, I think we probably meet the argument of criteria standing alone but we also
proffered $82..500 in cash in the City of Virginia Beach That 1s 1 250 per lot for open space
acquisition for the outdoors plan One of the things and your write-up is �ery extensive and l
have no disagreement with anything in the write-up It is very well done I had enough time to
o through all of this One of the things that is not mentioned I thought was worthy of
mentioning in addition to all of the 150 dedicated areas along west Deck and Indian River Road
where there will be berms and reforested landscaping and trail that connects to this beautiful trail
going down the current drive way that is wooded and ver r beautiful, that is going to b
maintained as a trail This area was not really touched on In the write-up and this is high land off
Indian River Road that is adjacent to and will with this dedication borne a part of the West
Neck Creek linier park and provides an excellent opportunity to provide public access to the
West Neck Creek Liner Park because this is outside of floodplain outside of wetlands and is at
one point} earlier on in the process we had shown some lots In here This again is a very goad
opportunity down the road to provide public access to the park and to the West Neck Creek
West Neck Creek is not directI adjacent to it but all the itv owned property of the park is The
appIication is for R - 15 open space promotion The open space promotion requires that w e h ave
Item #19
*t Neck Properties
Page
1 % of the properties open space Developable portion of the property is open space We have
of the developable portion of the property' as dedicated open space so I think that % of
the requirement certainly meets and exceeds the requirement The proffers are ven! extensive but
I won t go into there but they guarantee hones that are going to be o 000 and above so it is
clearly fiscal positive far as what would b my perception of it You have asked for
conditional use — a variance f am sorry to the requirements for street width We are proposing a
28 foot wide road versus 30 with s ales versus curbs and gutters which again is consistent here
with the intent here to minimize the size of the BMP and to have water infiltrate on the property
as opposed to the channels ed into a larger M. P which would involve clearing more trees and
having less land a wl ble for enjoyable open space But in reducing the size of the street by the
two feet we have agreed to restrict parking to on -street parking to only one side of the road and
we have added three ear minimurn parking spaces on each driveway proffer We have also
proffered that every house will have a minimum of a two car garage so that we are by those
mechanisms, also reducing the likelihood that there will be are issue of on street parking We
have provided nrht and left hand turn lanes that we will be constructing in Nest Neck Road
which we have also provided dedicated right of way for West Neck Road and our understanding
is that wrest Neck Road is going to be widened and made more safe and a CEP project that should
be forth corning in the next few gears It is going to be widened as I understand 1t to four lane
divided to the entrance north of here to the Signature of Vest Neck At one point 1t was a
discussion of it being four lame divided all the way down to Indian River Road and I believe that
that has gone away — certainly hope it is gone away Doesn't seem to make a lot of sense for
transitronrng to the rural area south of the urban services down Indian River Road We believe
there is enough nght of war to do whatever you want to do with enough land being provided but
hopefully it will still remain a two lane road but with wider shoulders and a little bit safer
conditions Having said that the issues that the folks that are here — Stephen if you could go to
the plan that shows the adjoining properties There are three existing home sites that are located
n the north side of Indian liver load and we again got the open space berm corning up t
here Behind here is also open space This is all City owned open space This first house here
there is a public access easement - the trail that will be coming here - we got a connection
corning through here and then w got concrete marks with stamped concrete corning across to the
sidewalk so that the people in the neighborhood will be a full route around w have agreed to
put a fence up here and across the back of these two lots or we may 1f eerone is 1n agreement
the property owners and the developer, we may wind up doing something more of a landscape
treatment but for the time being everyone is happy with us putting up a rivacv fence along the
back of here and here And that is to shield potential street lights coming in to the back of their
property The folks who live here, similar - we have offered to put a fence up along the
boundary here where thev adjoin this lot if they would Bice that The other issue that we
discussed is that they. wanted to determine that they have access to Cite water and Cite surer
which vve are providing to this communitv as part of this development and we again, indicated
that Citv water and Cav sewer will be available here if the property does adjoin the public right
of way and we are also willing to provide it by an easement down this property lire to this
property so those amenities will be made available to those existing homes as a part of this
development proposal And as staff has said the proposal meets with the criteria and in the
transition area and e certainly proffer a very . high quality- development and the oniv thing that l
Item #19
West beck Properties
Page
thinly you can compare it to in terms of comparable quality will be the Reserve at Great Neck
which has some similanti s in terms of all the open space preserved but it is far fewer homes It
is not nearly larger than the Reserve at Great Neck but it is similar quality community would be
the result of what is on paper here today
Charlie Salle Thank you Do we have any questions" We didn t have anvbodv to sign up to
speak at all so I guess if we allowed Eddie to speak we have got to allow everyone to speak
David Stru h For the record I ain David Stru ll property owner at 2420 Indian River Road and I
have flooding problem there now and I am concerned about the flooding and the rain water
problem that project might put onto nay home And I am the third one over this one nght here
And that is my biggest concern right now when we bought the house, also, we bought it for
privac because we thought that was all too wet back in there for therm to even fill back in there
but that is mar only concern that I wanted to bring up to your attention I am concerned about the
flooding that can happen on fire occasions at least in the three years we have been there it has
come up within about 6 feet of our house and this is mainly in the back yard right here in this
corner right here It comes down the side yard and we have a problem right here we have two
big sewers right here that have open grates on the top of them right next to Indian River load
And when it rains hard, wherever that water is flowing, I guess it is going down here 1n the west
Neck Creek whenever we have all these big storms last year it wasn t flowing and it was flowing
out the tops and right down my side vard and into nay back yard and it would build up to about a
foot deep in my whole corner of my vard Not for a long period but for about 5 or six hours it
would stay a foot deep My dog would run back there and it would be bouncing off of his belly
so I know it was a good foot deep and so that is mv concern l know you all are going to be
creating more drainage for this neighborhood but if it is not able to go where it is able to o then
where is it going to go Because right now we have those big drainage pipes that run across the
front of our property but because it doesn't go where it is suppose to go it Cr
gets backed up and it
comes out the tops of those grates and 1t floods nay sidewalks If it wasn't for it corning out of
those grates I donlyt think my side yard and my backyard would have flood So I have even put
pagers over the top of those grates trying to keep the water down but when it comics up fast it
spreads thorn and comes onto the sidewalks That 1s my concern I wanted to get on record
Ronald Ripley. Have you investigated whether or not the pipes are clogged up or is it problem
where the outf all is"
David Strueli My wife made some calls to the City but she didn t get anwhere and we didn t
come down to get anything in writing which we need to do because it might be a problem just
being clogged
Ronald Ripley The Citv can run a camera through there if they so desire to do and they can see
what is in there and what the problem is Sometimes that is what the problem 1s Just silt builds
up in it and can't take it
David Strueli i had City people out around the property and they saw the pavers over top of the
Item #19
West Neck Properties
Page
sewers and confronted nee with it and I told them of the problem and that I called the City but we
didn "t do anything formally and I thought they would report it too and maybe they have done
something I don t know we need to cheek on it We are very concerned we are the lowest
property out of the three in my whole front yard from the street from the upper left hand corner
all the way back to the right hand rear corner we are sloped that way So all the water runs
towards my house and over to that corner And this year I run my dump truer and deliver
materials I brought in about 8 loads of dirt in the back yard and nay buddy graded it off to help
raise up any grade in my backyard but like I said, the quantity of water that cones through there
It also crosses the road right over here it crosses the road at the Dolly Farm right in between my
driveway, that is my driveway right there, right in between there and there it crosses the road It
is a big ditch across the street It is across that road and there is a couple ofhear rains and 1t
gets 20 foot section of the street I was out watching it when it rained and it was flowing over the
street and it gets 3 inches deep at a very high rate over into any side yard That only happened
one occasion out of all those rains we had where it crossed the street
Charlie Salle Any other questions` Thank you very much
Eddie Bourdon we are going to have him in contact with the engineers that will be doing the
drainage for this project so we will be able to participate and see ghat is going to happen here
We think will certainly be ventral or positive We are not going to be putting additional storm
water onto his property which is in a low area Be happy to answer any questions
Charlie Salle Any questions` Any discussion, notions?
John Baum I move to approve
Charlie Salle Motion by John Baum second by Cheryl Avery -Hargrove to approve the
application
AYE 11 NAY 0 ABS fl ABSENT
ATKINSON
AYE
i RY- ARGROVE
AYE
BALM
AYE
DIN
AYE
HORSLEY
AYE
MILLER
AYE
IDLY
AYE
SALLE
AYE
STR NGE
AYE
'AKS
AYE
WOOD
AYE
Charlie Salle' By a vote of l l to 0 you have approved the application of West fleck Properties
for a change of zoning from AG -1 and AG-2 to - 15 conditional use permit for open space
promotion and a variance regarding street pavement width
FORM NO P S Is
rCCv-_,�I BPre
-
City of '%Tirgirzici 1E3<=,=,hr=xcA-x
In Reply Refer To our File No DF-5623
TO Leslie L Lilley
FROM B Kay Wilsoo_
INTER -OFFICE CORRESPONVENCE
]SATE March 12, 2003
DEPT City Attorney
DEPT City Attorney
RE Conditional Zoning Application
West Neck Properties, Inc and M Legare Snyder
The above -referenced conditional zoning application is scheduled to he heard by the
City Council on March 25, 2003 I have reviewed the subject proffer agreement, dated
November , 20 0 1, and have d termin d it to he legally sufficient and in proper legal forin
copy of the agreement is attached
Please feel free to call me if you have any questions or wish to discuss this matter
further
KW
Enclosure
' WEST NECK PROPERTIES, INC , a Virgug�nia corporation
M LEGARE SNYDER f/k/a MYRTLE W SNYDER
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRG IIIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 2 Td day of November, 2001, by and between
WEST NECK PROPERTIES, INC, a Virginia corporation, Grantor, party of the first'
part, M LEGAI E SNYDER, Grantor, party of the second part, and THE CITY OF
VII GINIA BEACH, a municipal corporation of the Commonwealth of Virgmial
Grantee, party of the third part
WITN SSETH
WHEREAS, the party of the second part is the owner of three (3) certain
parcels of property located m the Princess Anne District of the City of Virginua Beach,!
containing a total of approx=ately 87 55 acres and described as "Parcel One
"Parcel Two", and Parcel "Three" m Exhibit " attached hereto and incorporated
herein by this reference Said parcels are hereinafter referred to as the "Property",
! and
WHEREAS, the party of the first part is the contract purchaser of the Property
and has mitiat d a conditional amendment to the Zoning Map of the City of Virginia I
Beach, Virg Lni , by petition addressed to the Grantee so as to change the Zoning
Classifications of the Property from AG-1 and AG-2 to Conditional R-15 Residential
: District with a Conditional Use Permit for Open Space Promotion, and
PREPARED BY
�f
SYKES ROURDON
A44MN & L YPCI
GPIN 2 03-21- 2 1
2 03 -21-1 3
RETURN TO SYKES, B URD N, AHERN & LEVY P
PEMBROKE ONE BUILDING, THE FIFTH FLOOR
VIRGINIA BEACH, VIRGIIA 23462
PREPARED BY
S�NTIS LTDO F
ANMN L P
WHEREAS, the Grantee's policy is to provide only for the orderly development'
of land for various purposes through zoning and other land development legxslatron, �
and
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible uses conflict and that 1n order to permit drfl'enng 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
slip larly zoned are needed to cope wrath the situation to which the Grantors' re omng
appbctron gives rise, and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of'
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the F -1
Zoning District by the existing overall Zoning Ordinance, the following reasonable
conditions related to the physical development, operation, and use of the Property to
be adopted as a part of said amendment to the Zoning Map relative and applicable to'
the Property, which has a reasonable relation to the rezoning and the need for which
is generated by the rezoning
NOW, THEREFORE, the Grantors, for themselves, their successors, personal
representatives, assigns, grantees, and other successors in tale or interest,
' voluntarily and without any requirement by or exaction from the Grantee or its
governing body and without any element of compulsion or quid pro qua for zoning,
I
rezoning, site plan, building permit, or subdivision approval, hereby make the ,
following declaration of conditions and restrictons which shy restrict and govern
the physical development, operation, and use of the Property and hereby covenant
and agree that this declaration shall constitute covenants running with the Property,
which shall be brndmg upon the Property and upon all pares and persons claiming
under or through the Grantors, their successors, personal representatives, assigns, I
grantee, and other successors in interest or tale and which will not be required of the
Grantors until the Property is developed
I
1 when development takes place upon that portion of the Property which
is to be developed, it shall be as a single family residential community of no more
2
i
I
I
than fifty-eight (58) budding lots substantially in conformance with the Exhibit
entitled "PRELIMINARY SUBDIISIDN PLAN OF EAGLES NEST FOR WEST NECK
PROPERTIES, INC VIRGINIA BEACH, IRGINIA", dated April 15, 2002, prepared b
Burgess and Niple, which has been exhibited to the Virgmia Beach City Council and
j is on file wrath the Virginia Beach Department ofPlanning ("Concept Plan")
2 when the property 1s developed, approximately 39 59 acres of forested
area and buffers along west Neck Road and Indian River Road lying outside the
residential lots and roadways depicted on the Concept Plan shall be dedicated to the
Grantee as Public Open Space An additional 9 5 acres of Open Space including an.
improved multi -purpose trail for use by the public shall be maintained by the
Property Owners Association
3 The entrance to the community and multi -purpose trail and the typical
street section of future West Neck Road and the roads withui the community shall be
constructed and installed substantially in conformance vnth the detailed plans an
page 2 of the Concept Plan No on -street parking shall be permitted on one side of
� every road within the community
4 When the Property is subdivided it sha11 be subject to a recorded
Declaration of Protective Covenants, Conditions and Restrict -ions ("Deed
Restrictions") administered by a Property Owners Association which shall be
responsible for maurtauzing all common areas easements, including the community
owned open space and multi -purpose trail, the entrance signage and neighborhood
park
All residential dellixgs constructed on the Property shall have visible
exterior surfaces, excluding roof, trim, wmdows, and doors, which is no less than
seventy-five percent (75%) brick, stone, stucco or sunilar quality materials Any one
story dwellxng shall conta m no less than 2600 square feet of enclosed hvmg area,
a
excluding garage area and any two-story dwelling shall contain no less than 2800
square feet of enclosed living area excluding garage area The front yards of all
E homes shall be sodded The Deed Restrictions shad require each dwelling to have, at
PREPARED BY a mmunum, a two (2) oar garage and a In (including apron) with a munmum
Al I ON & LIVY 1)( , of four hundred ninety 4 0) square feet of hardened surface area
i when the Property is developed, every reasonable effort will be jade to .
preserve as many of the emstmg trees on the site as practical and a tree preservation
plan shall be submitted to the Grantee for review along with the Prelxmmary �
i
Subdivision Plan
The Grantors recognize that the subject site is located within the
4
Transition Area identrf ed in the Comprehensive Plan of the City of Virginia Beach,
adopted on November 4, 1997 The Comprehensive Plan states that development .
taming place m this area should support the primary purpose of advancing open
space and recreational uses In addition to committmg fifty-six percent %) of the
Property to open space preservation, via the dedication of thirty-nine and fifty-nine
II one -hundredths (39 59) acres of the Property to Grantee and nine and one-half' ( )
f�
acres to the Property Ovmers Association as permanent open space the Grantors ,
agree to contribute the sure of One Thousand Two Hundred Fifty Dollars ($1,250 off)
per lot to Grantee to be ued by the Grantee to acquire lard for open space
preservation pursuant to Grantee's Outdoors Plan If the finds proffered by the
Grantors in this paragraph are not used by the Grantee anytime within the next'
twenty (20) years for the purpose for which they are proffered, then any funds pack
and unused may be used by the Grantee for any other public purpose Grantors
agree to make payment for each residential lot shown on any subdivision plat prior
to recordation of that plat
Further conditions may be required by the Grantee during detaxfed Site
Plan and/or Subdivision review and adr frustration of applicable City codes by all'
cognizant City agencies and departments to meet all applicable City code
requirements Any references hereinabove to the R-15 Zorung District and to the
requirements and regulations applicable thereto refer to the Zoning Ordnance and
Subdivision Grdman a of the Cif of Virgmia Beach, Virginia, in force as of the plate
of approval of this Agreement by City Counc , which are by this reference
incorporated herein '
The above conditions, having been proffered by the Grantors and allowed and
PREPARED BY accepted h the Grantee as art f the amendment t the Z � Ordinance, shall
� O. I P y P
Y L U 0l 11D
AHERN & L' N ' continue m full force and effect until a subsequent amendment changes the zoning
I. f the Property and specffically repeals such conchtions Such cond-ittons shall
PREPARED BY
SUES ROUTDON
ARMN & LRW P C
continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or .
substantially revised Zoning Ordinance until specifically repealed The conditions,
however, may be repealed, amended, or varied by wntten instrument recorded in the
Clerk's office of the Circuit Court of the city of Virginia leach, Virginia, and
executed by the record owner of the Property at the tune of recordation of such;
instrument, provided that said instrument is consented to by the Grantee m writing
I`
'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 ofSection 15 2-2204 of the Cole of Virgmia,
1950, as amended Said ordinance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void
The Grantors covenant and agree that
(1) The Zor ng Administrator of the City of Virginia each, 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 den the issuance of any of the required build or occupancy permits may be �
y � g g p c p
appropriate,
(3) If aggrieved by any decision of the Zoning Administrator, made
I
pursuant to these provisions, the Grantors shall petition the governing body for the!
review thereof prior to instituting proceedmgs 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 m the Planning Department,:
:
5
i
PREPARED B
YKE URDON
PC
and they shall be recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and indexed m the names of the Grantors and the Grantee
i
I
6
PREPARED BY
ROURDON
AMN & LAY P C
i
WITNESS the following signature and seal �
GRANTOR
WEST NECK PROPERTIES, INC ,
a Virginia corporation i
i
fC
By �
Robert D Zupoh, esident
STATE IRGINIA
CITY OF VIRGINIA BEACH, to -wit
The foregoing instrument was acknowledged before me flus 26th day of
November, 2001, by Robert D Z1r oh, President of Nest Neck Properties, Inc ,
Virginia corporation, grantor
I }
I � l
Notary Public
My Commission Expires August 31, 2002
7
WITNESS the following signature and seal
GRANTOR
1
►�
STATE OF VIRGINIA �
CITY OF VIRGINIA BEACH, to -wit
The foregoing instrument was acknowledged before me this day of
� November, aooi, M Legare Snyder, Grantor
L "N's n L
Notary Public
I
My Commission Expires
PREPARED BY I�
SITIS R LW- ) t
; ERN & L FY PC I
93 66 feet pine, S ° 45'E 9 1 feet pine, S 15' 30' 55 56 feet oak, S 38" 15'
82 75 feet gum, S 3' 25'E 121 5 feet beech, a corner, thence S 57° 5' w 201 '
feet maple, S ' w 153 7 feet holly, S 77' 3' w 69 3 feet cypress, 8 5° w
1 3 feet gum, S o° 45' W 57 4 feet gum, S 80' 15' W 141 2 feet gum, S ' 15'
v 141 2 feet to a gum and thence S 7 2' 10' w 254 7 feet to the gum, the point of
beginning, said tract being "Plat B" and eonta mmg 17 45 acres
GPIN 2403-21-19 5
PARCEL
ALL that certain tract, piece and parcel of land eontaming 0 302 acre, lying, situate
and being on the north side of Indian River Road d in the Princess Anne Borough of
the City of Virgima Beach, Virgmia and designated as parcel " " 0 302 acre on that
certain plat entitled "Survey of Property of George S Fawley Estate, Princess Arne
Borough, Virginia Beach, Va ", dated December ember 2, 1976 and made by Gallup:
' Surveying, Ltd , duly of record m the Clerk's Office Circuit Court of the City of
irgunia Beach, Virginia, m Map Boob 126, at Page 3 5 -A, reference to which plat 1s
Hereby made
SAVE AND EXCEPT that property conveyed to Lankford D Malbone and Jeanette W �
Malbone recorded in Deed Book 954, at Page 470 �
GPI24-21-0241
cND=rrwSTNMMRPPFFE
PREPARED BY '
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM CarMax Auto Superstores, Inc — Street Closure — portion of Rodriguez Drive
MEETING DATE lurch 25, 2003
■ Background
Application of Carllac Auto Superstores, Inc for the discontinuance, closure and
abandonment of a portion of Rodriguez Drive beginning at a point approximately
200 feet south of Bonney Road and running in a southerly direction a distance of
326 18 feet Said parcel contains 7,405 20 square feet DISTRICT 3 — ROSE
MALL
The purpose of this request is to close a portion of Rodriguez Drive and combine
the property with the adjacent site and develop a large auto sales facility
■ considerations
The portion of Rodriguez Drive proposed for closure is a paper street that is
heavily wooded The zoning on property east of Rodriguez Drive is Conditional 1-
2 Heavy Industrial District The zoning on the unrest side of Rodriguez hive is Bi
2 Community Business District
The streets in this area between 1-264 and Bonney Road were platted in 1906 in
a grid pattern Through the years, portions of several streets have been closed
at different times for different developments Rodriguez Drive originally extended
north to south the entire length between 1-264 and Bonner Road The southern
portion, closest to 1-264, was approved by City Council for closure in 1994
The viewers Committee has reviewed the request to close a portion of Rodriguez
Drive and has determined that the closure will not result in a public
inconvenience The area of the street will be incorporated into the surrounding
property, combining several small lots The Comprehensive Plan encourages
parcel consolidation in this area The resulting consolidated parcel is being
proposed for a lame auto sales operation The Rezoning and Conditional Use
Permit requests for the auto sales operation are being reviewed simultaneously
with this request The viewers Committee recommends approval for the closure
of this portion of Rodriguez Drive subject to the conditions listed below
Staff recommended approval There was no opposition to the request
CarMax / Rodriguez Street Closure
Page 2 of 2
0 Recommendations
The Planning Commission passed a motion by a recorded vote of -o with 1
abstention to approve this request with the following conditions
The City Attorneys Office shall mad a the final determination regarding
ownership of the underlying fee The purchase price to be paid to the City
shall be determined according to the `Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures'} approved by City Council
Copies of the policy are available in the Planning Department
The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels The plat shall be
submitted and approved for recordation prior to final street closure
approval
3 The applicant shall verify that no private utilities exist within the right-of-
way proposed for closure Preliminary comments from Hampton Roads
Sanitation District indicate that there are no private utilities within the right-
of-way proposed for closure No comments have been received from
Virginia Natural Gas or Dominion Poorer if private utilities for these
agencies do east, easements satisfactory to the utility company shall be
provided
The applicant shall verify that there are no public drainage structures in
the area proposed for closure If public drainage structures do exist, an
easement over therm must be provided or they must either be
removed/relocated upon review and approval by the Department of Public
v o rfs
Closure of the right -of -gray shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council If the
conditions noted above are not accomplished and the final plat is not
approved within one year of the City Council vote to dose the right-of-way
this approval shall be considered null and void
■ Attachments
Ordinance
Staff Review
Disclosure Statement
Location Map
Recommended Action Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency
City Manager
f
ORDINANCE
III THE MATTER OF CLOSING, VACATING NI
DISCONTriNrUfNG A PORTION F THAT CERTAIN
STREET KNONN N AS RODRIGUEZ DRIVEAS SHONNN
N THAT E IOTA I ' PLAT ENTITLED PLAT
SHOWENG PROPOSED CLOSUTRE OF A PORTION 1
RODRIGLTEZ DRIVE RIGHT-OF-WAY (MB 4, PG 1 1
NOVEMER 1 , V1RGI\t1A BEACH VIRGINIA "
WHEREAS on March 25, 2003, JRL- Associates LLC a irglnia limited liability
company, andCarMax Superstores, Inc a f 1r inla corporation applied to the Council ofthe Cil%
of Virginia Beach, Virginia to have the hereinafter ter described street discontinued, closed, and
vacated, nd
WHEREAS, it is the jud ment of the Council that said stieet be discontinued, closed,
and vacated, subject to certain conditions having been met on oI before March 24, 2004,
NOW, THEREFORE,
SECTION I
E IT R] A1N.E by the Council ofthe City of Virginia Beach, Virginia, that 111�'
hereinafter described street be discontinued, closed acid vacated, subject to certam conditions bean -
met on or before March 24, 2004
All that certain piece or parcel of land situate, t �-mg and being in the
City of Virginia Beach, Virginia, designated and described a
PORTION OF RODRIGUEZ DRIVE TO BE CLOSED, AREA =
16 281 SF OR 0 374 AC itshown as the cross -hatched area on that
certain plat entitled PLAT SHOWING PROPOSED CL SL.TRE OF
PORTION F RODRIGUEZ DRIVE RI HT- F- r ( M
KNI' 14 -33- , 14 - 3-133 ,14 7- 3-1313, 14 -3 3-134 . 14 -33-14 14 71 -
33-I41, 14-33-4, 147--151, 14-3-1} 14?-33-435
4, PG 19 1 N VEM ER 1 , 2002, VIRGINIA BEACH, IRGIINL "
Seale I"mo o' , d Led November 1 , prepared by MSA, P C , a
copy of which is attached hereto as Exhibit A
SECTION If
The following conditions must be met on of before March 24 2004
I The City. Attorney's Office will make the final detennin tion regarding owncr ship
of the underlying fee The purchase price to be paid to the Citv shall be determined accord into the
Policy Regarding Purchase of Cit y' Interest in Streets Pursuant to StreetClosures,I approved b f
CityCouncil Copies of said policy aie available in the Planning Department
The applicant shall resubdivide the propertv and vacate internal lot lines to incoiliorate
the closed area into the adjoining parcelh The re ubdivi ion plat shall be submitted and appiovcd
for recordation prior to final street closure approval
The applicant shall verifvf that no pi ivate utilities exist within the right- f-wa f
proposed for closure Pr t i ni i n ary comments from Ham ton Roads Sani tat10n D I stmct 1nd1cate t11 it
there are no private utilities within the right-of-wav proposed for closure No comments hay e been
received from Virginia Natural Gas or Dominion Pokk:er If private Lltlllt]eS for these agencies d
exist, easements satisfactory to the utility companv shall be provided
The applicant shall verify that there are no public drainage str ctin s in the area
pr9opo ed for closure 1f public drainage structures do exist, an casement over them must be
provided or thev riiust either be removed:ii eIoc ted upon review and appr vaI by the I epartment of
Public Works
Closure of the right-o wav shall be contingent upon compliance with the above stated
conditions within 365 days of approval bv Citv Council If all conditions noted above are not
accomplished rid the final plat zs not appioared within one vew of the City Council vote to cl o e the
roadway, this approval will be considered IILIIl and void
2
TCTT ' YTT
I If the preceding conditions are not fulfilled on or before March 241 2004, this
Ordinance will be deemed null and void without further action by the City . Council
If all conditions are met on or before March 2004 the date of final closure is the
date the street closure ordinance is recorded by the City Attoniev
SECTION IV
certified ied pv of this 01 di nance shal l be fi I ed in the Clerk's ' f`#i Ce Of the C I I L 11 P
Wr
Court ofthe City ofVirginia Beach, Virginia and indexed in the name of tT he CITY F VIRGINIA
.,r
EACH as Grantor''
Adopted by the Council of the City{ of it% inia Beach, Virginia, n this � clad of
..2003
A 8656
Documents and SLttings`hduke=LocaI Sett1ngs'Zernp--VLahor�6 old w-pd
APPROVED NS TO CONTENT
Parr1111 effi�ptttYrit
APPROVED AS TO t EGA IE I Y
ov Attorney
3
CARMAX AUTO SUPERSTORES / # 51
February 12, 2003
General Information:
APPLICATION G07-213-STC-2002
NUMBER
REQUEST Street Closure
ADDRESS Portion of Rodriguez Drive, beginning 2' south of Bonney Road
#__ J� 17
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.Street Closure — RODRIGUFZ DR
ELECTION
DISTRICT 3 — ROSE HALL
SITE SIZE 16,281 square feet
STAFF
PLANNER Barbara Duke
' 81r-4 ,
Planning Commission Agenda
I -
February 12, 23
CARMAX AUTO SUPERSTORES
Pave 1
PURPOSE To close a portion of Rodriguez Drive and combine the property with
the adjacent site and develop a large auto sales facility
Land Use, Zoning, and Site Characteristics:
Existing Land Use and Zonin
The portion of Rodriguez Drive proposed for closure is a paper street that is heavily
wooded The zoning on property east of Rodriguez Drive is Conditional 1-2 Heavy
Industrial District The zoning on the west side of Rodriguez Drive is -2 Community
Business District
Surrounding Land Use and ZoniDg
North
Wooded property B-2 Community Business
District
South
Shops and Off ice B-2 Community Business
District
East
Contractor's Paving operation Conditional 1-2
Heavy Industrial District
West
flooded property B-2 Community Business
District
Zoning History
The streets in this area between 1-264 and Bonney Road were platted in 1906 in a grip!
pattern Through the gears, portions of several streets have been closed at different
times for different developments Rodriguez Dave originally extended north to south the
entire length between 1-264 and Bonney Road The southern portion, closest to 1-264,
►ras approved by City Council for closure in 1994
Public Facilities and Services
Water and Sewer
There are no water and sewer facilities in the area proposed for closure
Planning Commission Agenda
February 12, 2003
CARMAx AUTO SUPERSTORES
Page 2
.� ftiv!�11
Public Works
It drainage facilities are present, they must be removed/relocated prior to plat
recordation
Private Utilities
Preliminary comments from Hampton Roads sanitation District show no utilities in this
right-of-way No comments have been received from Virginia Natural Gas or Dominion
Power
Comprehensive Plan
The Comprehensive Plan policies and Map designation for this portion of the Little Neck
Planning Area support the mixture of residential and nonresidential uses that coexist in
the Bonney Road corridor The policies also recognize the potential for significant
economic development in this corridor provided that development proposals are
attractive, safe and economically viable Parcel consolidation is encouraged as a gray
to increase the quality of development proposals
Evaluation of Request
The Viewers Committee has reviewed the request to close a portion of Rodriguez Drive
and has determined that the closure will not result in a public inconvenience The area
of the street will be incorporated into the surrounding property, combining several small
lets The Comprehensive Plan encourages panel consolidation in this area The
resulting consolidated panel is being proposed for a large auto sales operation The
Rezoning and Conditional Use Permit requests to for the auto sales operation are being
reviewed simultaneously with this request The Viewers Committee recommends
mends
approval for the closure of this portion of Rodriguez Drive subject to the conditions listed
below
Conditions
The City Attorney's Office shall make the final determination regarding ownership
of the underlying fee The purchase price to be paid to the City shall be
determined according to the "Policy Regarding Purchase of City s Interest in
Streets Pursuant to Street Closures,}' approved by City Council Copies of the
policy are available in the Planning Department
Planning Commission Agenda
February 12, 2003
CARMAX AUTO SUPERSTORES / # 5
Page 3
2 The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels The plat shall be submitted
and approved for recordation prior to final street closure approval
The applicant shall verify that no private utilities exist within the right-of-way
proposed for closure Preliminary comments from Hampton Roads sanitation
District indicate that there are no private utilities within the right-of-way proposed
for closure No comments have been received from Virginia Natural Gas or
Dominion Power If private utilities for these agencies do exist, easements
satisfactory to the utility company shall be provided
The applicant shall verify that there are no public drainage structures in the area
proposed for closure It public drainage structures do exist, an easement over
them must be provided or they must either be removed/relocated upon review
and approval by the Department of Public Works
Closure of the right-of-way shall be contingent upon compliance with the above
stated conditions within 365 days of approval by City Council If the conditions
noted above are not accomplished and the final plat is not approved within one
year of the City Council vote to close the right -of -guar this approval shell be
considered null and void
NOTE Further conditions may be required during the
administration of a Ircable City Prdinances
Planning Commission Agenda
February 12, 2003
CARMAX AUTO SUPERSTORES / # 5
Page 4
(M 2.957 PC 56 DENOTES PORTION OF R DRIGUE
N8 4 Po Ig V DR# CIE TO BE CLOSED
148.U-81TM _� ARE A= 16 281 SF
10 OR o3 4 C
2.9
2 47 50"
075 .50-00
TO I xx W 2
.,SCR ASSOCIA �
048 PO 85 a
C ,
8 �- 1,5
1 & 12 Z Ed PARcliZ -1
l O ` 1, -1S PLO.
stR SOCIA M:S J.Z C V
08 40446RO &?
A& --q k .�
148j --1 _j r
. LP O I
5
i.. SSOCYA tTS I Z C
M8 4 PC 191
- - LW 0=AV 1 '1
Ar PC 19 1
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(A0f8 4 PC 1
1 8 -JIJIJ
42 Z OS 21 CL Oq-D
PtWrW Or FA95W of
�- MCP A SOCK
, 5 RC 8 440 " ►r aOSED P6W N S S �
LA )Z�� L L C -
(AV8 4 P I MCP 4SSOCIC
1 8 1J f PC 8 55
PC 191
1497--U-0285
I �,�,
PL AT SH OMNG
PROPOSED CLC UR
F A PORTION OF 2306
R DRI UE AVENUE \ �
RIGHT-OF-WAY SUIRS0
MB 4 P 1 1 J
OVEI B R 12 2002
MROINIA BEACH MRGINIA
Planning Commission Agenda
February 12, 2003
CARMAX AUTO SUPERSTORES # 5
Page
DISCLOSURE STATEMENT
Applicarres Name CARMAX Auto Sup2rstores, In
List All Cuffent JLR Associate
Pmperty Owners
PROPERTY OWNER DISCLOSURE
If the property ova is a CORPORATION, ATION, list all OffIWS Of the Corporation betow
(Attach Nst if necessary)
If the property owner is a PARTNERSHIP, FIRM or der UNINCORPORATED
PORATE
ORGAMZAIION, ftst all members or partners in the organizadon below ftach limit
Robert C Teets, Member/Manager, James M Teets Member,
Linda G Teets, Member
0 Cheer hm if the property owner Is NOT a corporation partnership firm or other
unincorporated w9anizaflon
ff the appricent is not the current owner of t o property compfbftthe Appfic&nt closure
section below
APPLICANT DISCLOSURE
If the property owner is a CORPORATI.ON, fist all oars of the Coqwradon belovr
(Attach list if necessary) See Exhibit C
a
if the property owner is a PARTNERSHtP, F i R, or otter UNINCORPORATED
ORGANIZATION list all members or partners in the organi a obelow ffach #r #
if necessary)
0 Check here rf tte pnNwrty owner Is NOT a corporation, partnership firm or other
uniricorporated organizabon
CERTIFICAT1014 I certffy that the information contained herein is true
and accurate CARA4AX Aut4o superstores Inc
By K Douglass Moyers
Assistant V -Presider # Real l Estate - -
Sign
Street Closure Application
Page o1
mWed ,o 1e 200
Print Name
Planning Commission Agenda
February 12, 2003
CARMAX AUTO SUPERSTORES
Page
HI CORPORATE I.NFORMATION
APPLICANT
CarMax Auto Superstores, Inc, a Virgana corporation
President
V President/Secretary-
Vice President
Treas rer s t Secretary
COB/CEO
PROPERTY OWNERS
W Ausdn Ligon
Michael Chalifaux
Bcnjamtn B Cuings, Jr
Plullap Dunn
W Alan McCallough
JIR Associates, L L C , a Vtrgmm limited liability cony
Mpg g Member Robert C Teets
Contractors Paring CwWany, Inc , a Vtrginm corporation
President
Vice President
Secretary
D-trector
Robert C Teets
ward J ManIey
Joycc A Sawyer
Martha T Teets
Planning Commission Agenda
February 12, 2003
CARMAX AUTO SUPERSTORES
Page
-- ilk N CA'1P11�
-
I(D8 L9 PGA56j) ;,
4 G' 191)
14 ,, 081
17 9
i
H 82 47 50
LOTS 9 & 10
off ASSOCA TES L L C
D D /
8 4046 Ra 5)
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L TS 11
o4/■y1
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ub? SSOC �Y Z Y fly
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4046PL* 25
(Alg 4 P 9
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_ ,-JL L OT,S 15
SCR ASSOCIATE, L L
.. V8 4FU4&P 8.5 LO
�.. (AID 4 P' 191) -o
tla
CA
can'
7
LOTS 17 & 18
&tR A -Y L L C
- Away PC 11 1
(Aa? 4 .1I/Q
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L TS0
40 ASP A5SOCIA T ,� L L C
4,5PG 18,
4 PC 191)
14 1,11
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3
42 POr4TON L "ff}?SET
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L/ SSOCAT S L 1
1 Z51
N Ai
M
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DENOTES PORTION OF RQDRIGUEZ
DRIVE TO BE CLOSED
AREA=16 281SF
OR 0 374AC
Uj
0
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PARCEL B-1
LtR ASSQC/ATES L L C
(08 3852PG I07J)
�d/B 785PC 16)
1487-3.3-4.i75
LOT 15
ufR A FS' L L
4046 P' 5
AV8 4 Pig 191
14 JJ- 140
EXHIBIT
, ,5 PC 1 8 4 05 55 W CL OSf D PO D 776W OF R ST 5fRE T
4 PC 191)
148 JU— 1JJ0
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21 Rz Oc
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JOB# 02190
PLAT SHOWING
PROPOSED CLOSURE
F A PORTION F
D IGUEZ 'DRIVE
RIGHT—OF—WAY
lB 4 PG 191)
NOVEI BER 12 2002
VI GII IA BEACH VIRGINIA
SLR ASSOCIA7FS L L C
(DB 4046 PG 825)
(MB 4 PC 191)
1487-.3,3-0285
M SAS P C
Lark scape Architecture PlanningUU
Surveying Engineering
Environmental L]en e
Li
5013 ROUSE DRIVE VIRUINIA BEACH! VA 23462 3" 09
PHONE (`5S ) 490 9264 F A X ("5 ) 490 n674
{SATE 11 1 02 SCALE 1 ; 50 DWN BY MASSHEET 1 DF 1
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM CarMa c Auto Superstores, Inc — Street Closure — portion of Wagner Street
MEETING DATE March h , 2003
0 Background
Application of CarMax Auto superstores, Incfor the discontinuance, closure and
abandonment of a portion of Wagner Street located on the south side of Bonney
Road, running in a southerly direction approximately 119 72 teat Said parcel
contains 7,405 20 square feet DISTRICT 3 — ROSE HALL
The purpose of this request is to close a portion of Wagner Street and combine
the property with the adjacent site and develop a large auto sales facility
■ Considerations
The portion of Wagner Street proposed for closure is currently serving as an
entrance for the Contractor's Paving operation The property east of Wagner
Street is zoned Conditional 1-2 Heavy Industrial District Property to the west of
Wagner Street is zoned B-2 Community Business District
The streets in this area between 1-264 and Bonney Road were platted in 1906 in
a grid pattern Through the years, portions of several streets have been closed
at different tunes for different developments Wagner Street originally extended
north to south the entire length between 1-264 and Bonney Road The southern
portion, closest to 1-264, was approved by City Council for closure in 1993
The viewers Committee has reviewed the request to close a portion of Wagner
Street and has determined that the closure will not result in a public
inconvenience The area of the street will be incorporated into the surrounding
property The Comprehensive Flan encourages parcel consolidation in this area
The resulting consolidated panel is bung proposed for a large auto sales
operation The Rezoning and Conditional Use Permit requests for the auto sales
operation are bung reviewed simultaneously with this request The Viewers
Committee recommends approval for the closure of this portion of Wagner Street
subject to the conditions listed below
Staff recommended mended approval There was no opposition to the request
CarMax /Wagner Street Closure
Page 2 of 2
■ Recommendations
The Planning Commission passed a motion by a recorded vote of -o with 1
abstention to approve this request with the following conditions
The City ttorney's office shall make the final determination regarding
ownership of the underlying fee The purchase price to be paid to the City
shall be determined according to the "Policy Regarding Purchase of City's
Interest in streets Pursuant to street Closures," approved by City Council
Copies of the policy are available in the Planning Department
2 The applicant shall resubdivide the property and vacate internal tot lines to
incorporate the closed area into the adjoining parcels The plat shall be
submitted and approved for recordation prior to final street closure
approval
3 The applicant shall verify that no private utilities exist within the right-of-
way proposed for closure Preliminary comments from Hampton Roads
Sanitation District indicate that there are no private utilities within the right-
of-way proposed for closure No comments have been received from
Virginia Natural Gas or Dominion Power If private utilities for these
agencies do exist, easements satisfactory to the utility company, skull be
provided
4 The applicant shag verify that there are no public drainage structures in
the area proposed for closure If public drainage structures do exist, an
easement over them must be provided or they must either be
removed/relocated upon review and approval by the Department of Public
Works
Closure of the right -of -wary shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council If the
conditions noted above are not accomplished and the final plat is not
approved within one year of the City council vote to close the right-of-way
this approval shall be considered null and void
■ Attachments
Ordinance
Staff Review
Disclosure Statement
Location Map
Recommended Action Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency Planning Department
City Managerr � ? aft
ORDINANCE
IN THE MATTER TE F CLOSING, VACATING ANT
1
I-S NTII ' I G P 1�` PORTION F THAT CERTAIN
STREET REE- T KN0 S AG STREET', N S SHOW
OIL' THAT CERTAIN' PLAT ENTITLED PLAT
SHOWING PROPOSED CLOSURE OF A PORTION OF
WAGNER STREET RIGHT-OF-WAY MB4} PG 191
NOVEMBER 12. 2002, VIRGINIA BEACH, VIRGINIA '#
WHEREAS, on March 25, 2003, JRL- Associates L L C a Virginia limited liability
company and CarMax Auto Superstores, Inc , a Virginia corporation, applied to the Council ofthe
City ofVirginia Beach, Virginia to have the hereinafter descnbed street discontinued, closed, and
vacated, and
WHEREAS, it is the judgement ofthe Coun 11 that said. street be discontinued, closed,
and vacated, subject to certain conditions having been met on or before March 2 , 20049
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the
hereinafter described street be discontinued, closed and vacated, subject to certain conditions being
met on or before March 24, 2004
All that certain piece or parcel of land situate lying and being in the
City of Virginia Beach, Virginia, designated and described a
"PORTION OF WAGNER STREET TO BE CLOSED, AREA
71551 SF OR o 173 AC" shown as the cross -hatched area on that
certain plat entitled PLAT SHOWING PROPOSED CLOSURE OF
A PORTION; of WAGNER STREET RIGHT- F-W ALY (MB 4, PG
1 1 N VEMER 12, 2002, VfRGTNIA BEACH, VIRGINIA
Scale 1 "=4 ', prepared b v MS A, P C , copy of which is attached
hereto as Exhibit
GPIN 147--47
QT7CTTC)1S,T TT
The following conditions must be met on or before March 4, 2004
1 The City Attomey's Office will make the final determination regarding wnei h 1;)
of the underlying fee The purchase price to be paid to the City shall be determined according t the
Policy Regarding purchase of City's Interest in Streets Pursuant to Street Closures, approved by
City Council Copies ofsaid policy are available in the Planning Department
The applicant shall resubdiide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels The re ubdivi ion plat shall be submitted and
approved for recordation prior to final street closure approval
The applicant shall verify that no private utilities exist within the right-of-way
proposed for clo s ure P re I i m i nary comm ents from Hampton Loads Sanitation District indicate that
here are no private utilities within the right-of-way proposed for closure No cornments have been
received from Virginia Natural bras or Dominion Power If private utilities for these agencies do
exist, easements satisfactory to the utility company, shall be provided
4 The applicant shall verify that there are no public drainage structures in the
proposed for clour If public drainage structures do exist, an easement orerthern must be piovided
or they must either be rerno ec relocat d upon review and approval by th Department of public
Works
Closure of the right-of-wav shall be contingent upon compliance with the above
stated conditions within 365 days of approval by Cite Council If all conditions l note above are not
accomplished and the final plat is not approved within one year of the City Council vote to close the
roadway, this approval will be considered null and void
SECTION III
I If the preceding conditions are not fulfilled on or before M arch 24, 2004, this
Ordinance will he deemed null and void without further action by the City Council
ON
If all conditions are met on or before March 24, 2004 the date of final closin e
is the date the street closure ordinance is recorded by the City Attorney
SECTION* IV
3 A certified copy of this Ordinance shall be filed 1n the Clerk's ' f fee of the
Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name ofthe CITY OF
VIRGLNIA BEACH as Grantor "
Adopted by the Council of the City of Vir znia Beach, it inia�, on this � day
f 1,2003
A 8657
March 11 2003
C °Docuunents and ettings`bduke`Local ewngs`%Temp\ A57 ORD FRN-1
APPROVED AS TO CONTENT
Planning epartmnt
APPROVED TO LE FICIEN Y
Z
'itv Attornev
K
CARMAX AUTO SUPERSTORES / # 6
General Information:
APPLICATION
NUMBER G07-214-STC-2042
REQUEST Street Closure
ADDRESS
ELECTION
DISTRICT
SITE SIZE
STAFF
PLANNER
February 12, 2003
Wagner Street, located on the south side of Bonney Road
CacrAfax Auto Vwhei
3 — ROSE HALL
,1 square feet
Barbara Duke
Planning Commission Agenda
February 12, 23
CARMAX AUTO SUPERSTORES
Page 1
stores
6
PURPOSE To close a portion of Rodriguez Drive and combine the property with
the adjacent site and develop a large auto sales facility
Land Use, Zoning, and Site Characteristics:
Existing Land Use and Zoni[!g
The portion of Wagner Street proposed for closure is currently serving as an entrance
for the Contractor's Paring operation The property east of Wagner Street is zoned
Conditional 1-2 Heavy Industrial District Property to the west of Wagner Street is zoned
B-2 Community Business District
Surrounding Land Use and Zontnp
North 0 Bonney Read
South • Contractor's Paving storage yard Conditional 1-
Heavy Industrial District
East 0 Contractor's Paving storage yard Conditional 1-
Heavy Industrial District
West 0 Contractor's Paving offices B-2 Community
Business District
Zoning History
The streets in this area between 1-264 and Bonney Road were platted in 1906 in a grid
pattern Through the gears, portions of several streets have been closed at different
times for different developments Wagner Street originally extended north to south the
entire length between 1-264 and Bonney Road The southern portion: closest to 1-264,
was approved by City Council for closure in 1993
Public Facilities and Services
Water and Sewer
There are no public grater and sewer facilities within the portion of Wagner Street
proposed for closure
Planning Commission Agenda
February 12, 2003
CARMAX AUTO SUPERSTORES / # 6
Page 2
Public Works
The portion of Wagner Street proposed for closure is currently a paved entrance Any
pavement and accompanying drainage structures must be removed/relocated prior to
final plat recordation
Private Utilities
Preliminary comments from Hampton Roads Sanitation District show no utilities in this
right-of-way No comments have been received from Virginia Natural Gas or Dominion
Power
Comprehensive Plan
The Comprehensive Plan policies and map designation for this portion of the Little Neck
Manning Area support the mixture of residential and nonresidential uses that coexist in
the Bonney Road corridor The policies also recognize the potential for significant
economic development in this corridor provided that development proposals are
attractive, safe and economically viable Parcel consolidation is encouraged as a way
to increase the quality of development proposals
Evaluation of Request
The Viewers Committee has reviewed the request to close a portion of Wagner street
and has determined that the closure will net result in a public inconvenience The area
f the street will be incorporated into the surrounding property The Comprehensive
Plan encourages parcel consolidation in this area The resulting consolidated parcel is
being proposed for a large auto sales operation The Rezoning and Conditional Use
Permit requests to for the auto sales operation are being reviewed simultaneously with
this request The Viewers Committee recommends approval for the closure of this
portion of Wagner Street subject to the conditions listed below
Conditions
The City Attorneys Office shall make the final determination regarding o nership
of the underlying fee The purchase price to be paid to the City shall be
determined according to the "Policy Regarding Purchase of City's Interest in
Streets Pursuant to Street Closures,,, approved by City Council Copies of the
policy are available in the Planning Department
Planning Commission Agenda
February 1, 2003
CARMAX AUTO SUPERSTORES
Page
2 The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels The plat shall be submitted
and approved for recordation prior to final street closure approval
The applicant shall verify that no private utilities exist within the right-of-way
proposed for closure Preliminary comments from Hampton roads sanitation
District indicate that there are no private utilities within the right-of-way proposed
for closure No comments have been received from Virginia Natural Gas or
Dominion lower If private utilities for these agencies do exist, easements
satisfactory to the utility company, shall be provided
The applicant shall verify that there are no public drainage structures in the area
proposed for closure If public drainage structures do exist, an easement over
them must be provided or they must either be removed/relocated upon review
and approval by the Department of Public Works
Closure of the right-of-way shall be contingent upon compliance with the above
stated conditions within 365 days of approval by City Council It the conditions
noted above are not accomplished and the final plat is not approved within one
year of the City Council vote to close the right-of-way this approval shall be
considered null and void
NOTE Further conditions maybe required during the
administration- of 2mlicable City Ordinances
Planning Commission Agenda
February 12, 2003
CARMAX AUTO S PERSToRES
Page
DENOTES PORTION OF WAGNER
- STREET TO BE CLOSED
AREA= 7 551 SF
R 0 17 AO
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F A PORTION TI F
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RIGHT-OF-WAY
M13 4 PG 1 1
NOVEMBER 12 2002
#RGINIA BEACH MRGINIA
Planning Commission Agenda
February 1, 2003
CARMAX AUTO SUPERSTORES
Pare
LOSURE STATEMENT l
Applicant's Name e CARMAX Auto Syp
_!�WS)res, Inc
t All Current LR Associate
Property Owners�, L L
PROPERTY OWNER DISCLOSURE
F the property owner is a CORPORATfON fist aff officers of the Corporation below
(Attach fist ifs nary
If the property oar is a PARTNERSHIP, FIRM, or other UNINCORPORATED
ORGANIZATION list all members or partners in the organization below At oh list
if necessary)
Robert C Teets, Member/Manager, Janes M Teets Member
Linda G Vets, Member
0 Check here if the property owner is NOT a con adorn partnership firm or other
unincorporated organization
if the appIkant Is not the current owner of the property complWe the Appikent Disciosurs
section mow
APPLICANT DISCLOSURE
ff the property owner is a CORPORATION, fist all officers of the Corporation below
(Attach list rf necessary) S Exhibit �
e it C
w
If the prop" owner is a PARTNERSHIP, FIRM or other UNINCORPORATED
ORGANIZATION, list all members or partners in ft organafion below (Attach list
if necessary)
0 Check here if the property owner is NOT a corporation partnership firm or other
unincorporated organization
CERTIFICATION ! certify that the information contained herein Is true
and accurate
iSignatur
Street Closure Application
Page 8 of t
ARMAX Auto Superstores Inc
y K Douglass Moyers
Assistant Vice -President Reel Estate
Print Name
Planning Commission Agenda
February 12, 2003
CARMAX AUTO SUPERSTORES / # fi
Page 7
III CORPORATE INFORMATION
APPLICANT:
CarMax Auto Sup t r s, Inc , a Virgmia corporation
President
V President/Secretary
Vice President
TreasurerlAsst Secretary
COB/CEO
PROPERTY OWNERS
W Austut Ligon
Michael ChalY,foux
Benjamn B Cunmungs, Jr
P1u1Iip Dunn
W Alan McCaliough
JLR Associates, L L C, a Virguua Muted habihty coany
Managing Member Robert C Teets
Contractors Paving Company, Inc , a Vir i na corporation
President
Vice President
Secretary
Director
Robert C Teets
Edward J Manley
Joyce A Sawyer
Martha T Teets
Planning Commission Agenda
February 12, 2003
CARMAX AUTO SUPERSTORES
Page
DENOTES PORTION OF WAGNER ER EX�IBIn
STREET TO BE CLOSED
Al E = 7 551 SF
El OR O 17C
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PLAT SHOWING 4'to
PROPOSED CLOSURE ufn
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WAGNER STREET
R1GHT-OF- WAY
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OEIBER 12 2002
\IRGINIA BEACH MRGINIA
MSA)mPmC
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Landscape Architecture Planning
Surveying Engincering
En iron menfaI Sciences
033 ROL19f DR11 L VIRGIN [IF V-3I 1 % 2J462 3709
1 110NC (737) 490 9204 FAX (757) 4W ()()34
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ZONING HISTORY
1 —
REZONING from B-2 Business t ,1 Office
CONDITIONAL USE PERMIT for Mau soleum/Cerneter r
STREET CLOSURE
2 —
REZONING from -1 Office to Conditional 1-2 Industrial
1 —
STREET CLOSURE
1 —
CONDITIONAL USE PERMIT for Auto Repair
1 —
CONDITIONAL USE PERMIT for Truck Dental
1 —
CONDITIONAL USE PERMIT for Cell Tower
7 1 —
STREET CLOSURE
CONDITIONAL USE PERMIT for Auto Body Shop
1 —
STREET CLOSURE
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM CarMax Auto Superstores, Inc -Change f Zoning District Classification
CarMa c Auto Superstores, Inc - Conditional Use Permit
MEETING DATE March 25, 2003
■ Background
An Ordinance upon Application of CarMax Auto superstores, Inc for a Chan e
of Zoning District Classification from 1-2 Heavy Industrial District, Conditional 1-2
Heavy Industrial District and B-2 Community Business District to Conditional B-
Commuknity Business District on the south side of Bonney Road, crest of
Chestnut Avenue GPI 114 7-33-1 39, -131 , -0341, -1349, -03 9, -14 2, -
1416. -04199 -05 84, -1 1 , -05 09, - 2844, 2 01, -27061 -0 509, -0419, -0 34 91
0341, -1 1 , -0 4, -1 1 , -14 2, -1349, -0 , `437 , - 43% -9199, -2044,
197 t -1 2 t -0 73, -92 The proposed zoning to Conditional B-2 is for retail
commercial land use The Comprehensive Plan recommends use of this parcel
for business parrs, offices, industrial, and employment support land use Parcel
contains 21 5 acres DISTRICT 3 - ROSE HALL
An ordinance upon Application of CarMax Auto superstores, Inc for a
Conditional Use Permit for rotor vehicle sales on the south side of Bonney
Road, crest of Chestnut Avenue (GPIN 1 7- 3-1 30, -1 1 , -03 1, -1349,
0 9, -1 o2, -1 1 , -0419: -05849 -1 1 : -9 09, -2 44, - 91, -270 1 -0 09,
0 1 9, -0349,-9341,-1 1 ,-9 ,-1 1 ,-149 9-1 9,-05, -4375,- 4 9,
9199, -2044, -197 , -1 2 , -06 73, -92 Parcel contains 21 5 acres
DISTRICT 3 - ROSE HALL
The purpose of the requests is to allow the development of a large auto sales
operation on the property
■ Considerations
There is an existing concrete paving operation on the portion of the site that is
zoned 1-2 & Conditional 1-2 Industrial District The majority of the B-2 portion of
the site is wooded There is also a small business fronting on Bonney Road that
is part of this site
The site plan shows that the motor vehicle sales operation will occupy the
majority of the lot, with 3 39 acres reserved on the eastern portion of the lot,
fronting on Chestnut Avenue, for future expansion All of the existing buildings
Carlax
Page 2 of 3
located on the site, including those within the expansion area, will be removed
The area to the east of the auto storage area is shown as a future customer
parking lot expansion
The request to rezone this site to Conditional B!2 Community Business District
and a Conditional Use Permit for auto sales is acceptable The proposal meets
the intent of the Comprehensive Plan and will replace an industrial use with a
new use that is more compatible with the surrounding area The building and
landscaping provided on the site are attractive and will greatly improve the
aesthetics of this area
There was no opposition to the request
■ Recommendations
tions
The Planning Commission passed a motion by a recorded Grote of -0 with 1
abstention to approve this request with the following conditions
1 The development of the site shall substantially conform with the site plan
entitled `Cara a c Store No 7130, Virginia Beach, Virginia, Preliminary Site
Plan" dated January 22, 2008 exhibited to City Council and on file in the
Planning Department
2 The building shall be developed in substantial conformance with the
rendering entitled "Carmax Zoning Elevations" dated January 22, 2003 as
exhibited to City Council and on file in the Planning Department
8 The landscaping on the site shall substantially conform with the plan
entitled Tarmax Store No 7130, Virginia Beach, Virginia, Landscape
Development Plan" dated November 12, 2002 exhibited to City Council
and on fide in the Planning Department
The block gall surrounding the storage area shall be at least 6 feet in
height and shall not exceed 8 feet in height The block gall shall
substantially conform to the exhibit entitled "C rmax Decorative Screen
Wall Detail" exhibited to City Council and on file in the Planning
Department
Board of Zoning Appeals vanance is required to set the wall back 20
feet from 1-264 as shown on the site plan if the variance is not granted,
the wall shall be relocated to the 35 foot set back required in the Zoning
Ordinance
All internal lot lines shall be vacated by plat
Except for the masonry gall and parking expansion area shown on the site
plan submitted to the Planning Department with this application, no
CarMax
Page 3of3
structures or stormwater detention facilities shall be constructed within 65
feet of the current right -of -war of 1-264
3 No outside storage of junk or salvage vehicles shall be permitted If
vehicles in this condition require storage, then such vehicles shall be
stored within the building
There shall be no pennants, streamers, banners, balloons, or searchlights
displayed on the site at any time
10 The applicant shall instaff Category i landscaping on the east side of the
wall enclosing the area designated "Non -Saleable, 3 25 ac If n the plan
referenced in Condition 1
■ Attachments
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action Staff recommends approval Planning Commission recommends
approval
Submitting Department/Agency
City Manager 1�
Planning DepartmentqL
- -`
CARMAX AUTO SUPERSTORES / # 3 & 4
February 12, 2003
General Information:
APPLICATION G07-215-CRZ-2002
NUMBER G07-215-CUP-2002
REQUEST 3 Chan a of Zoninci District Classification from 1-2 Heavy Industrial
District, Conditional 1-2 Heavy Industrial District and B-2
Community Business District to Conditional B-2 Community
Business District
4 Conditional Use Permit for Motor Vehicle sales
ADDRESS Property located on the south side of Bonney Road, unrest of Chestnut
Avenue
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Planning Commission Agenda �Y
February 12, 2003kL
.
CARMAX AUTO SUPERSTORES 3 . ..-
Page 1
G PI N 17-3-1 33o , 17--1 3 1 3, 147-33-0 1, 147-- 1 34, 147--
o , 1 7-3 -1 2, 14 7- 3-1 1 , 1 7-3 - 1 , 14 -33- 4,
14 7-33-151 , 14 7-3 -2 44, 1 67- 3- 01, 1467- 3-2706, 14 7- 3-
060 , 1467-33-026 , 1467- -437 , 1 7-33-64 r 1 7-2 - 1 ,
1467- 3-2o , 1467- 2-1 76, 1 7-32-162 , 14 7- -0673, 1467- 3-
266
ELECTION
DISTRICT 3 — ROSE HALL
SITE SIZE 21 3 acres
STAFF
PLANNER Barbara Duke
PURPOSE To allover the development of a large auto sales operation on the
property
Major Issues:
0 Compatibility with surrounding uses
0 Conformance with Comprehensive Plan
Land Use, Zoning, and
Site Characteristics:
Existina Land Use and Zonina
There is an existing concrete paving
operation on the portion of the site that
is zoned 1-2 & Conditional 1-2 Industrial
District The majority of the B-2 portion
of the site is wooded There is also a
small business fronting on Bonne} Roach
that is part of this site
Planning Commission Agenda
February 1, 200
CARMAX AUTO SUPERSTORES
Page 2
Surrounding Land Use and Zoning
North 0 Bonney Road
South • 1 nterstate 264
East • chestnut Avenue
West Thalia Trace TownhorrlesA-1 2 Apartment
• Various businesses fronting on Happy street B-2
Zoninci and Land Use Statistics
With E isting The subject site is a compilation of several different
Zoning properties with three different existing zoning
categories
About ore -third of the site is zoned 1-2 Leavy Industrial
District Currently, there is a concrete paring operation
on this portion of the site This portion of the site could
also be used for any other principal or conditional use
allowed in the 1-2 Heavy Industrial District
About one, -third of the site is zoned conditional 1-2
Heavy Industrial District The recorded proffer
agreement restricts the use of this site to bulk
storage and contractor's storage where asphalt
and concrete raver materials and products are
stored, recycled and delivered by rail and by truck
About one-third of the site is zoned B-2 Community
Business District This portion of the site contains
several small lots fronting on paper streets If the
streets were constructed, these lots could potentially
develop with any of the principal or conditional uses
allowed in the B-2 Community Business District
individually or as a combination of lots
With
Proposed The proposed rezoning will provide one zoning
Zoning category for the subject site of Conditional B-2
Business District and will restrict the use of the site to
Motor Vehicle Bales and any uses accessory and
Planning commission Agenda
February 12, 20103
CARMAX AUTO SUPERSTORES
Page
incidental thereto Since Motor vehicle sales is a
Conditional Use in the -2 zoning category, a request
for a Conditional Use Permit for Motor vehicle Sales is
also being considered with the rezoning A specific site
plan and building elevations are proposed with the use
Zonina History
There have been several zoning actions on the subject site In 1973, with the adoption
of the Comprehensive Zoning ordinance, the portion of the site west of Avenue E was
zoned -2 Community Business District and the portion of the site east of Avenue E
was zoned 1-2 Industrial District Additional zoning actions are outlined below
193 — RE ONING #roan B-2 Business to -1 Office on the portion of the site
crest of Avenue E granted
CONDITIONAL USE PERMIT for mausoleum. emetery granted
STREET CLOSURES of portions of Wagner Street , First Street and
Avenue E granted
1 94,1 9 — STREET CLOSURES of portions of Avenue H, First street, and Avenue G
(now Rodriquez Drive) were approved by City Council
1997— REZONING from -1 Office to Conditional 1-2 Industrial granted The
Contractor's Paving operation is established on the site
1999— STREET CLOSURE of a portion of Avenue E granted
There have also been a number of Conditional Use Penults for auto related uses
granted on properties surrounding this site as shown on the zoning history map
Air Installation Compatible Use Zone (AICUZ�
The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana
Public Facilities and Services
Water and Sewer
There is ar 10 inch water main in Bonney Road fronting this property
Planning Commission Agenda
February 12, 2003
CARMAX AUTO SUPERSTORES
Page
There is an 8 inch sanitary sewer main in Bonney Road fronting a portion of the
property at Avenue E east to Chestnut Avenue There is no sanitary severer currently
available to property from Avenue H to Avenue E
This site must connect to City water and sewer Pump station analysis and upgrades
may be required
Transo rtation
Master Transportation Plan (MTP) /Capital Improvement Program (CIP)
DOT is in the process of conducting a comprehensive corridor study of 1-2, which
will involve improvements to the Rosemont Road/1-264 interchange The Department of
Public Works is evaluating the relocation of Bonney Road as part of this study
Relocated Bonner Road is proposed to the east of this site and any right -of -err
acquisition for this future project will not impact the subject site
Bonner Road in the vicinity of this location is a four lane undivided minor urban arterial
It is shown on the Master Transportation Plan Neap as an undivided facility on a 70 foot
right of way There are no projects to improve this facility identified in the current
Capital Improvement Program
Traffic calculations
Street Name Present Present Generated Traffic
Volume Capacity
Existing Land Use -1 256 ADT '
Bonney Road 13.710 ADT ' 14t8OO ADT ' �
Proposed Land Use — 1672-
2194ADT
rerage Daily Taps T
gas defined by figure from Ir imley Horn Traffic Impact Analysis of Chestnut Avenue traffic generated
by Contractors Paving
1 672 ADT is based on previous trip generation study of three CarMax sites 2 194 ADT is based on
Institute of Traffic Engineers trip generation rates for new car sales
Public Safety
Police The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for crime
prevention techniques and Crime Prevention Through
Planning Commission Agenda
February 12, 2003
CARMAX AUTO SUPERSTORES, # 3
Page
Environmental Design (OPTED) concepts and strategies as
they pertain to this site
Fire and Gated sites must provide for fire department access using the
Rescue Knox or Supra key system Gates must have failsa€e operatfon
in the event of poorer failure
Vehicles must not be used as barriers to prevent
ingress/egress to the property Security for ingress/egress
must be approved by the Fire Marshal so that the Fire
Department access is not obstructed
Comprehensive Plan
The Comprehensive Plan policies and Map designation for this portion of the Little Deck
Planning Area support the mixture of residential and nonresidential uses that coexist in
the Bonney Food corridor The policies also recognize the potential for significant
economic development in this corridor provided that development proposals are
attractive, safe and economically viable Parcel consolidation is encouraged as a way
to increase the quality of development proposals
Summary of Proposal
Site Des�gn
The site plan shows that the motor vehicle sales operation will occupy the majority of
the lot, with 3 39 acres reserved on the eastern portion of the lot, fronting on
Chestnut Avenue, for future expansion All of the existing buildings located on the
site, including those within the expansion area, will be removed
There is a 04-space parking lot located at the front of the site, along Bonney Road
that will be the car sales and display area This parking lot will be surrounded by a
lour security fence (30 inches in height) and will be gated, so that customers will not
be able to access the lot without first going through the sales office located inside
the building
There is a 58,477 square foot sales and service building located in the middle of the
site, with the front of the building facing Bonney Road To the east of the building, a
parking lot for customers employees is shown with 279 spaces
Planning Commission Agenda
February 12, 2003
CARMAX AUTO SUPERSTORES 3 & 4
Page
There is a 3 25 acre area in back of the service portion of the building, on the unrest
side of the site that is shown as an area to store cars while they are being touched
up and repaired prior to placing there on the sales lot An -foot high block wall
surrounds this area The block wall is set back 50 feet from the western property
line adjacent to the existing residential townhome community This 0-foot buffer is
currently heavily wooded, and it is indicated on the site plan that all trees will remain
in this buffer The block wall is setback only 20 feet from the 1-264 right-of-way lure
The required setback adjacent to 1-264 is 35 feet, and the applicant is aware that a
Board of Zoning Appeals variance is required to set the gall at 20 teet as shown on
the plan
The area to the east of the auto storage area is shown as a future customer parking
lot expansion
A 1 -acre storrnw ter management facility is shown on the eastern portion of the
property fronting on 1-264 This stormwater management facility will be a wet pond
It is set back 85 feet from the 1-264 right -of -gray and has been sized to
accommodate the entire site, including the future expansions shown
• The site plan does not show any of the right-of-way reservation area along the 1-264
right-of-way that the staff has identified is needed for the expansion of 1-264 in
accordance with a study currently underway by the Virginia Department of
Transportation staff has identified the need for a minimurrn 65 foot wide reservation
along the 1-264 frontage on this property The only improvements shown within this
-foot reservation area on the site plan are the block wall and storage area, the
future customer parking lot, and landscaping along 1-264 boundary A condition
requiring this reservation is recommended at the conclusion of this report
Vehicular and Pedestrian Access
• The site will have one access The access will be located on Bonney Road The
site plan shows that a right turn lane will be constructed on Bonney Road at the new
entrance location
Along with the request for the rezoning and use permit for the auto sales operation,
the applicant has requested the closure of two streets Removal of any street and/or
drainage improvements within the two streets proposed for closure, Wagner Street
and Rodriguez Drive, will be required prior to development The street connections
at Wagner Street and Rodriguez Drive will be eliminated, and the only entrance will
be the new one shown on the site plan on Bonney Road, east of Wagner Street
'' -' +AZ4
Planning Commission Agenda
February 12, 2003
CARMAX AUTO SUPERSTORES 3
Page
The site has been designed to reduce conflicts between pedestrians and vehicular
traffic. Upon entering the site, vehicles will be directed to the customer/employee
parking let on the east side of the sales building There will be no vehicular access
for customers to the auto sales and display lot Customers must walk from the east
parking lot to the sales building From there, a sales associate will accompany them
to the auto display lot
Architectural Desicin
The building is a large building of 58, 477 square feet The building is situated in the
middle of the property with the long sides of the building facing Bonney Road in the
front and 1-264 in the rear The long sides of the building measure 31 feet in
length varying roof heights, varying materials and colors and a bold entrance
feature help to break up the long building expanse
The sales office portion of the building will have a glass front fagade and a pitched
roof of standing seam metal painted blue Hide columns, painted white, support a
pitched canopy and signage above the main entrance
The predominant building material on the remainder of the building is painted split
face concrete block The bottom half of the building will be painted a dark gray and
the block on the top half of the building will be painted a contrasting lighter gran
color
The 8 foot high block wall surrounding the 3 25-acre storage area shown on the plan
will be painted with the same contrasting colors as the building The wall faade
includes a pilaster extending eight feet from the face of the wall at forty -foot
intervals
Landscape and Open Space
The landscape plan shows that landscaping will be provided in accordance with the
Site Plan Ordinance along the parking lot frontage on Bonney Road, within the
display area, at the building foundation and within the customer parking lot
Along the western property line} where a 15 foot wide buffer with Category IV
landscape plantings is required adjacent to the residential townhome neighborhood,
the plan shows that a 50 foot buffer heavily treed buffer will be provided along this
property line
Additional landscaping is provided on the outside of the 8 foot high block wall that
will enclose the 3 2-acre storage area in the rear of the site The wall runs parallel
Planning Commission Agenda
February 1, 2003
CARMAX AUTO SUPERSTORES I #t 3
Page
to 1-264 for a distance of approximately 325 feet Plantings provided outside of the
wall include green ash and southern magnolia trees, crape myrtle trees, and
needlepoint holly shrubs Similar landscaping is extended east within a 20-foot pride
planting bed along the remaining boundary line with 1-264
PROFFER ## 1 The Property shall be used only for Motor Vehicles Sales,
as the terra is defined in the Co, including any uses
accessory and incidental thereto
Staff Evaluation This proffer is acceptable The applicant is proposing to
combine several properties with different zoning cafe pones
and develop a single use with a single zoning category on
the site This type of consolidation is encouraged and
supported by the comprehensive Plan policies for the
L i the Neck Study Area
PROFFER # 2 Further conditions mandated by applicable development
ordinances may be required by the Grantee during
detailed site plan and/or subdivision review and
administrations of applicable City Codes by all cognizant
City agencies and departments to meet all applicable City
Code requirements
Staff Evaluation ThIs proffer states a standard policy and is acceptable
City Attrney's The City Attorney's Office has reviewed the proffer
Office agreement dated November 12, 2002, and found it to b
legally sufficient and in acceptable legal form
Evaluation of Request
The request to rezone this site to Conditional B-2 Community Business District and
Conditional Use Permit for auto sales is acceptable The proposal meets the intent of
the Comprehensive Plan and will replace an industrial use with a new use that is more
compatible with the surrounding area The building and landscaping provided on the
site are attractive and will greatly improve the aesthetics of this area Adequate space
has been provided along the I-2 4 corridor to accommodate future highway expansion
Planning Commission Agenda
February 1, 2003
CARMA AUTO SUPERSTORES c 4
Page
needs It is recommended mended that this request be approved subject to the conditions
below
Conditions
1 The development of the site shall substantially conform with the site plan entitled
Tarmax Store No 7130, Virginia Beach, Virginia, Preliminary Site Plan" dated
January 22, 2003 exhibited to City Council and on file in the Planning
Department
2 The building shall be developed in substantial conformance with the rendering
entitled "Carmax Zoning Elevations' dated January 22, 2003 as exhibited to City
Council and on file in the Planning Department
3 The landscaping on the site shah substantially conform with the plan entitled
"Carman store No 7130, Virginia Beach, Virginia, Landscape Development Plan"
dated November 12, 2002 exhibited to City Council and on file in the Planning
Department
The block wall surrounding the storage area shall be at least 6 feet in height and
shall not exceed 8 feet in height The block wall shall substantially conform to
the exhibit entitled "Carmax Decorative Screen Nall Detail" exhibited to City
Council and on file in the Planning Department
Board of Zoning Appeals Variance is required to set the gall back 20 feet from
1-264 as shown on the site plan If the Variance is not granted, the wall shall be
relocated to the 35 foot set back required in the Zoning Ordinance
All internal lot lines shalt be vacated by plat
-foot right-of-way reservation shall be required along the southern property
lime adjacent to 1-264
o outside storage of junk or salvage Vehicles shall be permitted if Vehicles in
this condition require storage, then such Vehicles shall be stored within the
building
g There shall be no pennants, streamers, banners, balloons, or searchlights
displayed on the site at any time
Planning Commission Agenda
February 12, 2003
CARMAX AUTO SUPERSTORES / # 3 & 4
Page 10
NOTE Further conditions maybe required during the
administration of applicable City Ordinances Plans
submitted with these rezoning and conditional use permit
applications may require revision during detailed site plan
review to meet all applicable City Codes Conditional use
permits must be activated within 12 months of City Council
approval See Section 220(g) of the City Zoning Ordnance
for further information
Planning Commission Agenda
February 12, 2003
CARMAX AUTO SUPERSTORES 1 # 3 & 4
Page 11
s
Commission
Agenda
FsF
CASMAX AUTO page 12
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Planning Commission Agenda
February 1, 23
CARMAX AUTO SUPERSTORES 3
Page 13
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Planning Commission Agenda
February 12, 2003
CAIAX AUTO SUPERSTORES
Page 1
DISCLOSURE STATEMENT
...-
Auto Superstores Inc
Applicant's Name
List All Currant JLR Associates L I. C
Property Owners ntta=*paYffl,4Jm-, ,------------__�__,______
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION list all officers of the Corporation below
(Attach list if necessary)
See Exhibit A
If the prop rty owner rs a PA. T iE SHIP, FIRM, or other U NINCORPORATED
ORGANIZATION list all members or partners in the or amzabon below (Attach list
if necessary) See Exhibit A
Check here a the property owner is NOT a corporation partnership firm or other
unincorporated organization
appficant is not Me current owner of tho pnNxwty co tote " Applicant Disclosure
section b low
APPUCA iT DISCLOSURE
If the property owner is a CORPORATION list all officers of the orporat*n below
(Attachlist if necessary)
See Exhibit A
If the property owner :s a PARTNERSHIP, FIRM r other UNINCORPORATED
ORGANIZATION list all members or partners in the organ ation below (Attachlist
if necessary) !A
0 Check here if the property owner is NOT a corporal to n partnership furry or other
unincorporated organization
CERTIFICATION I ceWfy that the Information contained herein Is true
and accurate CARMAX Auto Superstores Inc,
By- K Douglass Moyers
.. Its Assistant Vice -President Real Estate
Sign to Print Name
Conditional Use Permit Application
Page 8 of 1
Planning Commission Agenda
February 12, 2003
CARMAX AUTO SUPERSTORES 3 & 4
Page 1
R
1
41 7-
111Z����
III. CORPORATE INFORMATION
APPLICANT:
CarMax Auto Superstores, Inc , a Virg a corporation
President
V. President/Secretary
Vice President
Treasurer/Asst Secretary
CAB/CEO
PROPERTY OWNERS:
W Austm Ligon
Michael Ghalifoux
Benj B Cummings, Jr
Phillip Dunn
W Alan McCollough
JLR Associates, L L C , a Virguua Imuted liability company
Managing Member Robert C Teets
Contractors Paving Company, Inc, a Virgmia corporation
President
Robert C Teets
Vice President
Edward J Manley
Secretary
Joyce A Sawyer
Director
Martha T Teets
Planning Commission Agenda
February 12, 2003
CARMAX AUTO SUPERSTORES / # 3 & 4
Page 19
Item #3 4
Carmax Auto Superstores Inc
Change of Zonincy District Classification
Conditional Use Permit
South side of Bonney Road west of Chestnut Avenue
Discontinuance, closure and abandonment of a portion of Rodriguez Drive
and a portion of Wagner S tr ee t
District
Rose Hall
Februai y 12, 2003
REGULAR G I 1
Donald Ripley we would like to call for the first item Mr Miller. will you call the first
item"
Robert Miller First item is Item # , which is Carmax Auto Superstores
J Nutter Good afternoon Mr Chairman Good afternoon
Ronald Ripley Before we start, I'm going to pass around to the Commas loner an exhibit
that was given to me after the meetincy which kind of will allow the Commissioners to
Co
see what the vision would be from the expressway It s graphi(,ally laid out So 111 just
pass them this way and then back around down this wav
J Nutter Thank you very much Mr Riplev In fact we had checked with statt so they
would know that we looked at the version you have
Donald Ripley That helps a lot
R I Futter It really does The news for you is that I don't plan on having everyone tip
that you see walking up to speak The bad news is that I'm going to speak SO You have
to suffer through rune a little bit but these are all the gentlemen that came in today from
land planning flans and the landscape firms in Atlanta Carmax as you know 1
headquartered in Richmond Carmax is a Fortune 500 company They have over 40
super stores through the United States This will only be the second super store actually
built in Virginia The first and only one in Vlrcrinx-t to elate is in Richmond they have
looked at the Tide vkatei area for some time The hale looked at Sites pre viou S I in
Norfolk and in Chesapeake And, have finally elected to cone to it(s1nia Beach with
heavy values and they re an outstanding corporate client I will tell you a little bit about
their story in a minute But, by way oI introduction I jut want to let you know that this
project will represent a capital investment to Va inia Beach, a little over S o million
Not counting the redevelopment opportunities that this presents but it will be a capital
inve tment of $ o million This will generate about 150 full time emplovees at the site
Their average salary. is between $40.00 - 60 000 per year And, it will Generate annual
tax revenues to the Citv over and above the usual building perauts and oI that nature 1n
Item #3 4 5 c
armax Auto Superstores. Inc
Page 4
excess of Soo,000 annuallf with little or no impact of course on schools And, traffic
adequately represents little or no impact on the existing traffic In fact the traffic counts
for this site are originally identical to the traffic counts of the current use on the property
and all that traffic or 90 percent ofthe traffic is all trucks, cement trucks sand trucks and
things like that So you may have to count maybe the same I would submit to you and I
think you would like this traffic a lot Better So I did want to talk and start oft by telling
you a little bit about the company and the site and why we re so excited to be here I will
try not to be too lengthy But I do want you to know something about Carmax because
their story is very. unique First, the site itself It s just over 2. 1 acres in size It i
currently the home of Contractor's Paving Companv, which frankly has been an
out t ►ndin corporate citizen in the City as well for some many years Contractor's
Paving is principally in the asphalt production business as well as the aggregate storage
and distribution They take a lot of different type ofsands soils rock maintain those and
sell those for different area contractors, principally road contractors for the construction
of all the roads, sidewalks and many of the buildings that we enjoy around the area
Contractor s Paving actually went through a major expansion in their facility in 1997
That is why they have several different zonings on it It is owned bar the Teitc.h Family
Mr and Mrs Teitch are here today as a matter oftact So I've been representing them
for some time now At any rate back in 1997 the Council approved a very large series of
hearings in expansion of their site which is currently{ located here to include the property
large piece of I-2. Conditional property as you see, on the site plan here what you
don t recognize is that when Council approved that it was allowed on the site today under
that zoning is full access to this site by Tarmac and pi incipally by rail to coma down
across Bonney load and it will be a rail }rand here intei-nally to the site The rail vards
were all lard out The location of where the dumpsters will be for those for access to
those railcars would be Because this site was going to be used for access for most of the
material for Carmax and others in the City would have been brought in by mail This
application will eliminate not just what vou' ve come to see as a large asphalt plant when
you drive down 1-2.64 It will also eliminate all aspects of that component business as
well Including the rail provisions and so forth All that will go away I point that out to
you because you probably didn't realize that when you went on your van trip But all that
waspart of the improved site plan by City Council back in 1997 The property that
application does not include is the remaining parcel that is zoned B-2. That property
been zoned B-2 for I thinly ever since the 60s I rri orry the earlv 80S I beg your
pardon And, it is currently unconditional B-2 It like the rest of it runs all the way out to
Bonney Road All the parcels that we're buying only run up behind the two smail
buildings that are today currently used for recital operations To orient your a little bit
The Iunnv part about this site is as big as it is the store is orienting Bonney load and yet
the onlv access to Bonne{ load, the only accrual frontage on Bonnev Road this large ite
has is this piece lrorn here to here So their tried to site the building so it will have
visibility access or visibility corridors through that area These buildings are currently
occupied This is curr � ntl Kellam Funeral Howie And these are ore i Land an
oateN and the other one is Allied Rental facility that s located on that panel And
adjacent to us is Hall s ALIto Bode More Ob by the way we went with Ken Hall You
know he s doling a substantial amount of improvements throughout this area He s been
Item #
Carmax Auto Superstores Inc
Page
represented by Mr Bourdon and appears on a lot of those applications and he s under
construction now on this portion of the property right through here And, he ha no
objection to this by. the wav so you 11 know and welcomes the competition and is anxious
for Carrnax to come, which says a lot about fir Hall, I think quite frankly He s an
outstanding gentleman But at any{ rate, that's the story on Contractor s Paving That is
possibly the good news for you and I say this with all humility to Mr Tench who s been
a great outstanding citizen Contractor s Paving will no longer be at this site Even the
portion of the property that we don t curiently plan to use for future expansion, will be
eliminating all aspects of the Contractor's Paving operation Bob will be moN ing to his
company in Norfolk So they will be movinginto a Tarmac facility in Norfolk if this all
approved So, we re sorry{ to %ee them go of couise I know nian v of you are concerned
about visibility along 1-264 but that will go away entirely now with this application Now
let nee tell you a little hit about Cw-niax and what s replacing it And, whv we are so
excited about this site Ofthe l 3 acres of this site contains, we re using just about all of
it with the exception of just over three acres which we are holding for future expansion
We do not have current plans on that but we will present it Let me show you where the
buildings are and where their are planning First to orient you along this site plan this
was not available for you this morning So they found it and loaded it up on your
system This is Bonney load here This i 1-2.64 along here There are streets that you
probably drive by routinely that you don't knokkf the names of because they're not fully
narked This is Rodriguez right here we are closing a portion of Rodriguez from here to
here This is a small street called Wagner It is lust stubbed out here It's going to be
closed entirely Those are the two street closures that are part of this application In this
case both of these underlying fees to these streets is owned by JL JL is in essence
Barbara Teitch s family It s the group that owns Contractor's Paving It thit, transaction
closes we will be guying the underlying tee of those streets along with everything else
So, we will be buying them as well as everything else along with it The building and the
principle accest, to the site IS loCated right here It is really the only real acre s off the
site in and out of the site It is oft Bonney Road And everything I m showing has been
through your Traffic Engineering t eparunent your preliminary site Plan review process,
so I represent to v u fairly confident on what you re going to see This is your principle
access And unlike rnanv car facilities their plan is unlike virtually every car dealership
that we have in this area Thee do not use balloons rhev do not use banners one of
them said, FJ should we tell them about the big gorilla and I said, to we better not
talk about that big gorilla " So they dory t use any of those features Carmax is you
know was until eery recently owned b F Circuit City And Circuit City, back in the late
os, decided they would do for the automobile business what they did for the appliance
busines4s And it used to be, remember we would go to an appliance 1wtore. and there
would be small stores all over the place and all of a sudden Circuit City' cane into being,
we suddenly had a super store where we could pick between virtuallv anv type of
appliance and television and video equipment that you wanted to buy well, C rmax
decided they would take that same concept and employ it in theii used car business That
has been eery eery successful around the countr f So, everything that I' M telling you
here i what they+ do everywhere else around the LOUntry YOU find an em eption to that
That is whv -ou can go to any of their sites around You won t find balloon You will
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Item # # 4,
rmax Nuto Superstores Inc
Page
go to the next one, or maybe the previous one, that s a great one This will show you the
peak ofthe building here It's 46 feet tall This i .1.8 feet tall and this is 24 feet tall You
can barely see 1t but the wall which is kind of blending to on the shot is about 6 feet in
height The reason why we went with six feet is because we went out and slid
topographic studies of where the highway is, where the lot lies, where the ditch is to see,
1f we went with different height walls what you would be able to see And what the
exhibit demonstrates to you 1 the reason why we went with a six toot wall here 1
because if we went with a six foot wall, you well completely shield the cars on the lot
The elevations of the highwav are about 16 feet The elevation of the property
immediately adjacent to the highway is about 14 feet As you get back where the
building is located the building by the way is located approximately in exce of 500 feet
back trorn the right- f-wy Back where the building is you are back up to 16 feet
roughly So you have a 14-foot area right off the highway The highway is 16 feet and
then you go back up to 16 What thev found however is it they went with a fence higher
than 16, it would actually block the view of the building, which themselves found hard to
believe quite frankly So they checked that three times That s why we submitted this
exhibit to you to depict With the six-foot fence, you will completely shield all of the
vehicles in this prepa.iati n area and 1 11 explain that to you 1n a second And the only
thing you will be able to see on the building is the top five feet of this building right here
and everythincy above that point You will be able to see our sign The only sign we have
facing the highway. is right here It's on the building One of the questions during this
morning's session was Mould there be any siornage on the walls adjacent to the hlghwav9
Where will be no signage. on that wall whatsoever So, the wall itself and it relates to one
of the conditions we wanted to charge The wall itself is again two toned split faced
block to match the building We have pilasters to break up the side of the space to every
40 feet The landscaping plan that we have reviewed and had approved with staff i
actually depicted on this rendering So you re actually able to see on the rendering the
enact type of landscaping we've depicted and selected So but at any rate the fencing
area The reason why we had it fenced at 20 feet is to allow us to use that depth of the
property for the vehicle preparation area Now, that results to one of the conditions that
I'd like to address with you And one of which we worked out with I canpt gay we
worked out exactly with the Planning Department Let me explain this and I'll pass out
the first condition that we would like to use in lieu of Condition #7 It relates to the
reservation issue Mr F iplev, if I could ask rou to pass these out 1n that direuion and
Ms Anderson, if you wouldn't nand, like w1�e Thank you vely much While this 1
being passed out, let rile tell you the issue that this condition represents At the time Ken
Hall submitted hifs application on the adjacent property the City was in the course of
Corridor Study It was looking at the potential widening of I-24 At that time, 1t was
estimated that perhaps they would need 50 feet and the result the staff lnnpo Ld a -toot
reservation requirement on his application Singe the time that has occurred the Citv
hired I believe 1t was lien Horn No I beg your pardon 1 forgot whom thev used They
used another firm, I know URS URS to do a corridor studv and bayed on that they r
suggesting now is that need foot reset vatin area along that corridor The reservation
agreement that we'd like typlLally signed Usually this ik, addressed at site plan by the
w.ay. 1 11 tell you but at any rate, reservation agreement typicaliv what it does it v that
Item #3,
aimax Auto Superstores, Inc
Page 8
if you put any structures to that area, youwon't be compensated for But, it doesn't say,
it down t take four land It dust says that you won't have t sit our setback different
from that line but it basically says we are intending on coming in and buying that at one
point in tinne from you The reservation agreement expiies It has team limits So I
suggested to staff perhaps the easiest thing t d f r here rather than a series servatlon
agreements was a simple condition on the Use Permit That we would agree to put and
by the way, Planning Staff and Tratfie Staff were eery big on the idea of not wanting u
to have the BMP or the Storm water Management facility within that 65 foot area so
we've agreed to that with our condition what we're proposing here instead is this with
this condition we would agree to put no buildings or structures other than the wall, which
you see along here within the 6 -foot area And what that does it preserves for the City
the possibility, if they do have to come and acquire additional area the only impact on Lis
would be this wall area we ve been told that, conservatively that the closet time that
they aught be looking to widening 1-264 would be a minimum of 10 }mars So quite
frankly we wanted to be able to use that area for at least a 1 -year period It still reser�;e
the right of the City to acquire that area and this condition actualiv series longer than the
reservation agreement because it down t have a time limit It runs as longas the property
is used for this purpose So that is what we re proposing in lieu of the standaid
reservation agreement Now, other than that all of the conditions are acceptably, to u
We have no objection Thev have all been worked out with them They ve shown every
bit of detail Staff has copies of the landscape plan The mateiials Board with all the
materials and all the features are all laid out It's strictly for everyone there But, again
the simple reason for this is merely an of tort to avoid additional setback issues and allow
us to use the property for the time period during which before the City or the state ever
desires to come in and use that area at all But what it also does is pre er�,e for you the
tact that you will never have a Building there that you will have to take out You 11 just
have the land
Ronald Ripley Could I ask VOU a question about this)
J Butter Yes sir
Donald Ripley This amendment that you re suggesting which I assume staft is okay
with9 Any I hearing that"
R J Nutter You'll have to
Ronald Ripley Does the City have to Pad' you to relocate this wall"
J Futter They would have to pay to relocate the wall That Mould be the only portion
they would have to pay for The onlv improvement their would have to pay for
Robert Scott I'd like a chance to answer I think I'm okay with it for now But, I'd Bice
a chance to discuss with Mr 'clutter afterwards and depending on hove we go with our
dv%w ion we inay have to make an adjustment or not I don't know I think I
Item 43
Carmax Auto Superstores, Inc.
Page 9
understand what he's saying and I m reading the woids here I think that the City s
intercsts are relatively well addressed But I would like a chance to discuss it with Mr
Futter later
R J Nutter That will be fine our problem is that we first try to discus it with Stephen
and others and Traffic. Engineering weighed in and so, the conditions kept changing but I
think it s our intent to preserve the Citv's interest by allowing that area to continue to
develop but at the same time allowing us to use the propertv for at least a 10 Near period
prior to the time there is any desire to take it And and frankly we've been told that
most likely to be 15 vears so It s hard to know But this serves the exact same purpose
Ronald Ripley Okay Are there any questions of Mr Nutter`' Yes Gene Crabtree has a
question
R J Nutter Yes Mr Crabtree
Eugene Crabtree I know there is a sign on the 1-264 side, on the Bonney Road side I
saw a sign on the building airy I to understand that there will be no type of monument sign
out front
R J -Nutter We do have one monument sign It is located I believe right here
Eugene Crabtree Because I didn't see that addressed anywhere in the application
R J Mutter We have one monument sign It's to be located hers. In fact to be honest
with you, I don't think we have addressed it But we have no objection to it being the
111011LInient style sign
Eugene Crabtree I just wanted to know what VOLI planned to do
R J Mutter Yes sir Actually we haven t addressed 1t {et but you ie exactly right But
there is one monument style sign It s located there As you can see from the siorn
perspective this site is pretty run down It's a hid improvement to what can he done here
I will tell you that But, wtith all the B-2 signage allows us to be done over a 21 acre site,
we me away pretty good here But we do have a monument style sign proposed for
here and a buildin sign The major Carmax sign i actually here And them. i% one
facing this direction as well As you saw Irom that photograph when the customer park
in htre they,. will see Carmax here and Carmax here And we have some directional
1crna a kke have to work out ith staff` Yn terr�r�r f �%-here rvic , areas are located and o
forth
Ronald Ripley Does anvbody else have any questions) What I ould like for you to d
is atddre s what the motorist is going to see when he travel down the expressway wa And,
you actually have two phases here You got an expansion phase and you got a Phase I
and Phase If I d like to clearly understand % hat the Jandscapina is coin t be I'd like
Item #3 4,
Carmax Auto Superstores Inc
Page 10
to clearly understand the condition of the expansion area What they will leer like during
the interim period 9 And, what thev will possibly look lire in its completion
J Mutter Yes sir will be happy tee Firsit, what you re seeing here is what they
intend to build in essence of Phase I which is pretty munch the elimination of every -thing
on the site The building you see here, the sales area, the customer p rking area, the
service area, the preparation area and the wall which this area is tully enclo cd A ix -
foot wall runs entirely around connecting the building It's a fully enclosed area one of
the questions on my nund and it came up this morning whether or not this wat, paved or
not I his is a fully paved area where the ears are going to he
Ronald Ripley Is there any landscaping in that area �
R J Futter Yeah In this area we do not have it because the code does not require
landscaping In this area
Ronald Ripley Did you all discuss that'?
J Nutter Actuallv we discussed landscaping and hew we would address landscaping
jut about everywhere We discussed the 50 feet wide ,areas along here that we will leave
untouched adjacent to the adjacent residential we discussed all the landscaping along
here But it has conic to my attention that after- the pre -briefing, a a matter of fact, M
Duke approached nee about whether or not we had to post any landscaping along this wall
here And while we had not we have no objection to set a Category I landscaping along
this wall
Donald Ripley Founddtlori type land caprng9
J Futter Exactly In fact, It s more a hedgerow type thing than any foundation But,
the toundation would only,. be 50 percent We would run this the entire length of that
wall And the other thing is we have all the landscaping that you qaw in the elevation i
depicted is not well depicted here but it actually is There are some trees that are
preserved here on the right-of-way here that we have no control over Where a lot of trees
that you see todav that will be on that right -of- 'ay They will continue to be there a
along we know But it s a VDOT issue as to whether or not when they take them and 1f
and when they take them But we landscaped behind
Donald Ripley will the expansion area be will that be cleared and grassed or what)
J Nutter Cleared and grassed at this time And as we expand and by the way if you'd
like to acid this to a condition feel free too But, as we expand. we 11 he Bully n(Jo ina
that by walls as well So and It will match the same exact walls
Ronald Riplev on the plan, it talks about tuture customer expansion Does that mean
future floor space or does that mean for customers to park'
Item#,
Carmax Auto Superstores, Inc
Noe I I
J Natter There is customer parking here They haven't worked out exactly how that
aught work out or how much of this nucrht he customer parking How much this might
be for car preparation area It depends trankiv on how successful the site is
Donald Ripley okay
J Butter But, I would say that any of the car preparation area is always fully enclosed
with a six-foot ma onr r fence that will be identical to the wall you see depicted And, a
result, we would move that and we move landscaping wherever that well went
Donald l iple r okay;. Anv other questions-' Do we have any other speakers to speak in
favor"
J Nutter Just in our group but none that I am aware of
Ronald Riplev okay
Robert Miller Do any of any of then want to .l e at this time Mr Nutter'
J Futter I think everyone's fine
Robert Miller okay
Ronald Ripley okay
Robert Miller We do have a Barden Winstead I don t know- if he s in support of
opposition
Barden Winstead I rn Barden Winstead and I'm with Lana and Coates We re right in
tront there I was just curies about the future expansion area on the top of that plan that
1s adjaL nt to our property What will be Going there'
J Nutter At this point we're not sure
Robert Miller Mr Nutter)
J Mutter Thank you Mr Miller At this point we're not sure What our plans would
be quite frankl ', and a lot of this has to do with what happens with the interstate highwav
expansion If that start, to occur sooner than we think then we re going to have to start
moving some of the activitiec, that we currently have within that afoot area over onto
other portions of the site But at this point right now the only thing we gee in there at
this point In time is the additional expansion of the employee parking and the customer
parking
Barden Winstead So in the mean time that will be just grass"
I to rn ,
arrnax Auto Superstores Inc
Page 12
J Mutter It will just be grass Yes n We should be clearing It out
Barden Winstead Does this future interstate expansion have anvthing to do with I
heard there s tally of Llosing Bonney Road
Ronald Riplev Could you get a little closer to the m1c please)
Robert Miller We want to get you on the record
Barden Winstead Does this future interstate expansion I heard at one point there was
talk of closinor Bonnev Road at Rosemont and changing that interchange
Ronald Ripley It s a question that we like to know too
Barden Winstead okay.
Ronald Riplev Because we hear about the changes too and I think it's. something that
constantly in motion at this point I don t think Mr Scott can probably even mavbe take
a stab at it
Robert Scott I can make a fever comments First of all, it s definite that we re going to
reed to do something very major with the Rosemont Road interchange And it s definite
that we're going to have to expand the interstate all through Those things are definite
The exact nature on how we re going to do it has not }yet been determined And, I think
businesses and property owners In that area are going to be greatly effected They need
to be part of the decision making process That's good government And I think we
need to generate a number Of 11ternatives that all of which work and have the public
review them and make comment on them That's a long way off So, I think it Ss a little
bit pre nature for us to sav exactly how it s going to work But it s not premature for u
to sav this is a very badly, congested area that is in need of a major overhaul. to the road
system to the interchange and to the interstate itself Thev all need to be redone
lgnifl ,lntl
Barden Winstead Thank you very much
Ronald Ripley Any{body{ else to spear that vou have signed up)
Robert Miller No
William Din I have a question
Ronald Riplev Yes Mr Lein has a question
OF
J Mutter Yes Mr Din'
Item,
armax Auto Superstores Inc
Page 13
W1111am Din R J , on this site plan that I have here that we were jut pa ed out in our
meeting. it shows are eight foot masonry wall And, I notice on {our sheet that you had
paced out showed either a six or eight And have your decided what height wall you re
going to put to there`'
R J butter When we originally prepared it we were proposing an eight -foot wall And,
when we did the drive by study the topographic review that's when we learned that we
could not uo t eight we have to go to t or we would hide the building So, we went to
six foot but when we originally submitted it �=e actually had an eight -foot fence posted
William Din Okay And also On this site plan you got a lot of dotted lines in here
What do they represent' Where's a double dotted line along the front of the property
behind the two corner properties Do their represent anv-thiner or potential walls or
anything-'
R J Mutter I m trving to figure what you lie seeing
Ronald Ripley I think it's a propertv line
J Futter oh these-'
William Din I m looking at these here
J Nutter What they did was they imposed the building setback line Those are
setbacks for the building line i what they did on them So when they were planning
they noted they were not impacting the setbacks Those are what those are
William Din okay And I also asked the question in the informal session that there s a
little piece of property that Juts out from the two businesses bet wee that and the funeral
home that little piece is not intended to be used for anNthina i it"
I Nuiter oh No it is not That s the piece right here'
William Tian That s correct
J Futter No It s not intended It s. not big enough for anything In fact in reality it s
even part of Kellam Funeral Home using it as a park ng lot to be very honest with you
wP
So but that's not intended to be used by us at this pent at all
William Dire That s all I have
J Mutter Yes sir
Ronald Ripley Any othei. questions' Thank you Mr Flutter h, I m orr
Item , 4
arax Nuto superstores Inc
Page 14
Joe Strange The view from the interstate there, about the only thing you 11 be able to see
is just the top part of that building where the sign i at, i that correct`'
J Nutter That's exactly right It complete hides the cars And none of these cars are
dismantled These car% just come In from w iou other dealerships that we prepare there
They're cleaned They go through service checks and it they are rejected bar �arniax then
they are sold off the site and trucked otf the site
Joe Strang So basically crll the public's going to see when they come doyen through I-
4 i your sign on the building plus all that nice shrubbery and trees that are out there in
front of the fence Right)
R. J Nutter That is exactly our intent Exactly And, I might say that was staffs intent
too, so It was ours as well but they wanted to make sure that the visibility on 1-264 was
n of taken for granted
Ronald Ripley So back to that view You had suggested that you would do some
landscaping along that eat wall of that non -saleable 9 12.5 acre piece of this property
R J Nutter This portion right here
Ronald Ripley That would be temporary --'would that wall possibly he moved or not �
J Futter what we'd probably do and frankly we talked about that in the expansion
process and we'd just probably put an opening in it and build a second wall rather than
take it doyen So, In essence I will tell You is that we have no objection to Category I
landscaping along that eastern side of that wall, along where it av future u tonier
expansion And, we also have no ohje Lion if that is expanded out that we would include
landscaping along wherever that wall is moved to
Ronald Ripley okay That s another day might-'
J Mutter Yes sir But I just want to let you know that the intention would he to
enclose those areas
Ronald Ripley Okay Thank vou Any other questions`
Charlie Salle I got one
Ronald fiplev 'Yes Charlie
Charlie Salle I guess this is sort of for Kay far as vour condition , of course is the
reservation If there was a le er fatlon and it carve a point to take that propeitv could an
issue of damages residue as a result of exercising the right to acquire to re erve the area
Carmax Auto Superstores Inc
Page 1
would probably not arise where it might with your condition #+7, so it's something that
staff needs to look at in Connection with the wav we can approve it this w+av
J Flutter And we have no objection to you all looking t this WL re trying to
accomplish the wine purpose as you all are We re just trying to do it in a I itt le bit easier
way without trving to draw the extra lines For instance what happened to Ken is when
he drew the 0-loot Brie he then had to measure a setback from the 50400L setback so
all of a sudden he ifeet from the right-of-way as opposed to and that was for a V
number of years to come Now what he's done is agreed to put the building in there and
sign agreements to never be compensated for it So it Just that the whole process was
gettinc a little more complicated than it needed t be and r a ��be if w� lust put a condition
we wouldn t put anthing in there it may be easier So those were some cif the i ��e we
started to look at
Ronald Ripley Yeah Charlie raises a good point because if later there is a taking and
somebody figures out how mangy,. cars you can put 1n there and now you re losing the
revenue on those cars and that becomes damage I think that's where you're going with
that`s
Charlie Salle' That s right
Ronald Ripley So, I think that
Robert Scott That's part of the discussion I was talking about
Ronald Ripley Yeah okav I think it s well in order okay
R J Nutter I m sure we can come to are agreement We understand what you want
which is acceptable to ups and I think you understand what we want which sound like it
acceptable to you all
Ronald Ripley okay Thank you very much
R J Nutter Yes sir
Ronald Ripley I'm sorry Joe has a question
Joe Strange This is Just for my own information Does a project like this does it go
through Economic Development'
R. J Mutter In fact it probably would quality in this case It has not gone through
EconoMIL Development We have clone this run 3u t through the Planning Department
and so tar at this point
Item # , 4 5 & 6
C rma c Auto SuperstoreInc
Page 16
Ronald Ripley Okay Thank you Let s open it up for discussion up here Anybody
have any comments or anything`s
Eugene Crabtree fhe only thing that I have t ay is that it is a great improvement o
what we have there now And, I travel that road frequentl y, like daily. And jut not to
have to dodge the cement trucks and the people coming and going to work there will be a
pleasure
Ronald Ripley Thank you Gene Anvbody else" Don
Donald Horsley I don't have a problem with the project at all I just wanted to know
Bob how do we need to handle this condition in our motion to approve this project
Robert Scott I would go ahead and put the condition in a Mr Futter i requesting at
this time And then I m going to have a discussion with him and we re going to compare
some ideas, I hope R J '
Donald Horsley Okav
R J Nutter I m happv to do that Bob
Robert Scott And, we can perhaps improve on this limit I think you know where our
concerns are because you brought then yap yourself And, see it we can come to a
position that suits the needs of all the parties
Ronald Ripley Okay Anv ody else have a comment-'
Joe Strange I d like to make this comment I m going to be supporting this application
primarily because it is a Fast improvement to that area plus the taa that I like the fact that
the Jobs being created there are above the average in Virginia Beach that we now have,
o I think that's Going to be a nice improvement to the overall picture in Virginia Beach
R J Nutter Thank you very much We agree
Ronald Riplev Thank you Joe BobMiller"
Robert Miller Well 1 m going to abstain because nay firm is working on the project but
before we leave 1t I ran glad that Ca�rma Y corning I m sad to see Contractor' Paving
Ieaving because we do need then and of coui se they won t be Very Iar do +n the road
and we it be able to get there here for the serviLes that they provide thev have been
great corporate citizen
J Nutter I agree
Item #
armax Auto Superstores, Inc
Page 17
Donald Horsley 111 he prepared to make a motion that we approve the application with
the nine conditions substituting 'Ir Nuttei's number seven for another number seven
that's in our agenda
R J Nutter Mr Horsley, can I ask you to add the condition that Mr Ripley asked about
namely the Category I landscaping along the eastern wall of the vehicle preparation area
Donald Horsley Is that the wav you want it Ron'
Ronald Riplev Yeah That s fine
Donald Horsley That will be fine with the Category land c ping along that eastern fence
line
Ronald Riplev So, �e have a motion to approve by Don Horsley o I have a second'
Charlie Salle Second
Ronald Riplev SeLond d by Charlie Salle Any other further di1sussion" We're ready
to vote
AYE
ANDERS N
AYE
R BTREE
AYE
DIN
AYE
H RSLEY
AiYE
KATSIAS
AYE
KNIGHT
MILLER
RIPLEY
AYE
SA LLE '
AYE
STRANGE
AYE
WOOD
NAY 0 ABS J ABSENT
ABS
ABSENT
ABSENT
Ronald Riplev By a vote of -o with one abstention the motion parses Thank you very
muL h
J Nutter Thank you v ry much
Ronald Riplev Thank you all for corm
Item #7
K&E, L L C
I1 dific.ation of a Conditional Re onin
5102. Princess Anne Road
District
Kempsville
February 12, 2003
DEFERRAL
Ronald Ripley The Chair'saware that Item # K&E L L i a request for amodified
conditional rezoning and is requesting to be deferred Is there any problem with that`?
The motion that I'm looking for is a motion to deter Item #7 Could I have a motion to
that effect please-) Notion by Don Horslev to approve and seconded by Gene Crabtree
Commission is ready to Mote
Robert Miller I need to abstain from Item #7 My firm is woi king on that project
Ed Weeden Did you sav number `)
Robert Miller Yes
AYE
ANDERSON
AYE
CRAB TREE
AYE
DIN
AYE
H RSLEY
AYE
K,kTSIAS
AYE
KNIGHT
MILLER
RIPLEY
AYE
SALLE"
AYE
STRANGE
4YE
WOOD
NAY 0 ABS 1 ABSENT
ABS
ABSENT
ABSENT
Ronald Ripley Bv vote - , the motion passes with the one abstention so noted
City of Virgirzia Beech
In Reply Defer To our File No F-5672
TO Leslie L L111 r
W
FROM BKay W110
INTER -[OFFICE CORRESPONVENCE
DATE lurch 12, 2003
DEPT City Attorney
DEPT City Attorney
RE Conditional Zoning Application
CarMax Auto Superstores Inc , JLR Associates, L L C , and Contractors
Pavia, Inc
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on March 25, 2003 I have reviewed the subject proffer agreement, dated
November 12, 2002, and have determyned 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 Irish to discuss this matter
further
BKW
Enclosure
Prepared By/Return To
Troutman Sanders LLP
4425 Corporation Lane, Suite 420
irginM Beskch, Virginia 23462
THIS AG ENE T, made thus day of November, 2002 by and arnong JLR
ASSOCIATES, E L , a Virginia limited liability company ('JLW') and CONTRACTORS
PAVING, INC, a Virprua corporation (,,,cPr), which together own certain property generally located
along Bonney Road and Interstate 264 in the City of Virginia Beach, Virginia, and CARMAX AUTO
SUPERSTORES, INC , a Virginia corporation "Ca.rMax" , the contract purchaser of the property
(hereinafter referred to collectively as the ` Grantors"), arid the CITY of VIRGINIA BEACH,
municipal corporation ofthe Commonwealth ofVirginia (hereinafter referred t "Grantee"
WI'TNESSETH
WHEREAS, the Granters have initiated an amendment to the Zomng Map of the City of
Virgins Beach, Virginia, by petition addressed to the Grantee, so as to change the existing zoning
classifications from B;2, I-2, and 1-2 Conditional, to -2 Conditional on certain property which
contains approximately 22 3 acres, more or less, located m the Rose Hall IDistna of the City of
Virgima Beach, Vlrgirna, winch property is more particularly described in the attached Exhibit
(hereinafter the "Property'), and
WHEREAS, the Property is subject to a prior agreement dated May 2, 1997, by and among
Contractor's Paving Company, Inc , Lena Sancillo, LAD E Associates, L L C , l launce Steingold and
Thelma Steingold, Trustees of Maurice Steingold Declaration ofTrust, Lewis Steingold, sole trustee
under the Israel Steingold Family Trust, mewls B Steingold, individually, Jeffrey M Steingold, and
The City of Virginia Beach, a municipal corporation, a copy of wInch has been recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach in Deed Book 3762, at page 1393 and which,
upon approval by the govenung body of Grantee ofGrantor's petition for an amendment to the existing
zoning classification of the Property, shall become null and void, and have no further force and effect,
and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land for
various purposes, including mixed use purposes, through zoning and other land development
legislation, and
PINS 1487 -4 7 1487-33-8439 and those set forth on Exhibit A hereto
WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible uses
conflict, and that in order to permit dif enng uses on and in the area of the subject property and at the
sane time to recognize the effects of the change and the need for various types of uses, certain
reasonable conditions governing the use ofthe Property for the protection of the commumty that are
not generally applicable to land similarly zoned B-2 needed to cope with the situation to which the
Grantors' rezoning application gives nse, and
WHEREAS, the Grantors have voluntarily proffered in wnting in advance of and pnor to the
public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map,
in add.itxon to the regulations provided for in the existing -2 zorang district by the existing City's
Zorung Ordinance " ZG' , the following reasonable conditions related to the physical development,
operation and use of the property to be adopted as a part of said amendment to the new Zoning Map
relative to the property, all of which have a reasonable relation to the rezoning and the need for which
1s generated by the rezoning, and
WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted
by the Grantee as part of the amendment to the Zoning ordinance, such conditions shall continue in
full force and effect until a subsequent amendment changes the zoning on the property covered by such
conditions, provided, however, that such conditions shall continue despite a subsequent amendment if
the subsequent amendment is part of the comprehensive implementation of a new or substantially
revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or
vaned by written instrument recorded in the Clerk's Office of the Circuit Court of the City ofVirg-InIa
Search, Virginia and executed by the record owner of the subject property at the time of recordation of
such instrument, provided, further, that said instrument is consented to by the Grantee in vm#ing as
evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee,
after a public heanng before the Grantee advertised pursuant to the provisions of the Code of Virginia,
Section 15 2-22041 winch said ordinance or resolution shall be recorded along with said instrument a
conclusive evidence of such consent
NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and
other successors in title or interest, voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion ofquid vro quo for zorung,
N
rezoning, site plan, building permit or subdivision approval, hereby male the following declaration of
con&tions and restnctions which shall restrict and govern the physical development, operation and use
of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers') shad
constitute covenants n uung with the sand Property, which shall be binding upon the Property and upon
all parties and persons claiming under or through the Grantors, their heirs, personal representatives,
assigns, grantees and other successors in interest or title, narnely
1 The Property shall be used only for Motor vehicle Sales, as that term is defined in the
CZO, includhng any uses accessory and incidental thereto
2 Further conditions mandated by applicable development ordinances may be required by
the Grantee during detailed site plan and/or subdivision review and administration of applicable City
Codes by all coguzant City agencies and departments to meet all applicable City Code requirements
All references herein Bove to zoning districts and to regulations applicable thereto, refer to the
City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional
zoning americbment is approved by the Grantee
The Grantors covenant and agree that (1) the Zoning Administrator of the Ctty of Vugirua
Beach, Virgima shall be vested with all necessary authority on behalf of the governing body of the City
of Virginia Beach, Virguiia to administer and enforce the foregoing conditions, including (i) the
ordering in wmting of the remedying of any noncompliance with such conditions, and (ii) the bunging
of legal action or suit to ensure compliance with such conditions, including mandatory or prolubitory
injunction, abatement, damages or other appropriate action, suit or proceedings, (2) the failure to meet
all conditions shall constitute cause to deny the issuance of any of the required building or occupancy
permits as may be appropriate, (3) if aggrieved by any decision of the Zoning Admirustrator made
pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the
governing body for the review thereof prior to instituting proceedings in court, and (4) the Zoning Map
shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of
the subject Property on the map and that the ordinance and the conditions may be made readily
available and accessible for public inspection in the office of the Zoning Administrator and to the
Planning
accessible for public inspection m the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virguua Beach, Virginia and indexed in the narne of the Grantors and Grantee
Upon acquisition of the Property by CazMax, CarMax shalI succeed to all nghts and
obligations ofthe "Grantors" under this Agreement, and JLR and CPI shall have no further rights
or obligations of a "Grantor r" under this Agreement (but will retaan all rights and obligations a
the "Grantee"
This Agreement may be signed in one or more counterparts wbach, upon execution by all
the parties, shall constitute a single agreement
GRANTOR
JLR ASSOCIATES, L L C ,
a Virguma Imuted habihty
y, ---�-
Robert C Teets, Manager
GRANTOR
CONTRACTORS PAVING, INC,
Vrrirua corporation
y
Robert C Teets, President
COMMONWEALTH OF VIRGIl II
CITY F ' .. , to -wit
The foregoing instrument was acknowledged ed before me this M day of November, 2002,
by Robert C Teets, acting in his capacity as Tanager of JLR Associates, L L C , a Virga
lumted liability company, who either ] is personally known to me or b produced
as identification
My Commission Expires r 31 C �J
COMMONWEALTH OF VI GR41A
OF 4 , ,alcj(to-wit
f
r r f- t r
Notary Public
was w before meTL N ber,
The foregoing �ntruent acknowledged o e this J r o 2002,
y Robert C 'Teets, acting in lus capacity as President of Contractors Paving, Inc, a Vir mva
corporation, who either [! is personally known to me or produced
s identification
r
My Comnussion Expires � �-
LC�U 'J d t
Notary Public
GRANTOR
CARMAX AUTO SUPERSTORES, INC ,
Virginia corporation
Douglass Moyers
imni V;ce President
COMMONWEALTH VI GINIA
c ouNTY/CITY , to -wit
The foregoing instrument was acknowledged before me this i day of November, 2002,
by K Douglass Moyers, acting in his capacity as Vice -President, Real Estate of CarMax Auto
Superstores, Inc , a Virginia corporation, who either [ is personally known to me or [�
produced
s identification
r ' 1
X -, Li '
Notary Public
Nay Commission Expires � � � ICI, ��
GRANTOR
CARMAX AUTO SUPERSTORES., INC.,
,
a Virginia corporation
By '
thony G
Real Estate Manager
COMMONWEALTH OF V IRGINI
LNTY/CITY OF �v\ir i , to -wit
The foregoing instrument was acknowledged before me this day of November, 2002,
by w Anthony C rp, acting in his capacity as Real Estate Manager of CarMax Auto
Superstores, Ins a Vir Virginia oration who either is personally known t nee r
� g corporation, �� P [�
produced
My Commission Expires
as identification
Notary Public
Doc2
DESCRIPTION OF PROPERTY
PARCEL ONE (GPIN 1487-33-4375)
It being the same property conveyed to JLR Associates, L L C , a Virginia limited liability
company herein by deed dated February 24, 1998 from Lena Sancili , mndow and L.ADM, a Virgirna
limited liability company, duly recorded March 4, 1998 in the Clerk's Office of the Circuit Court of the
City of Virginia Beach h in Deed Book 3852 page 107
It being the same property conveyed to JLR Associates, L L C , a Virgima limited liability
company herein by deed dated March 13, 2001 from Contractors Paring Company Incorporated aka
Contractors Paving Co , Inc , a Virginia corporation duly recorded March 16, 2001 in the Clerk s
Office of the Circuit Court of the City ofVirginia Beach in Deed Book 4376 page 300
As t
Parcel A., Resuhdiviion of Lots 1 - 16, 4- 38 & remaining portions of Lots 17, 18, 39, 40,
Block 4, Lots 1 - 191) 37 - 41, and the remaimng portions of Lots 20, 21, 42, Block 6, a portion of the
property formerly second street (closed) and street closure to a portion of Wagner Street and Avenue E,
Map of East Norfolk, Map Book 260, pages 24 th u 26
Parcel B, Fesubdivision of Lots 16 - 46, Block 3, Lots l - 121 22 - 33, Block 4, Lots 1 - 22 2
- 44., Block , Lots 1 - 15, 22 - X, Block 6 and street closure to portions of Avenue E, Wagner Street
and First Street, Map of East Norfolk and Lot 16A, Block 6, Lot36 , Block 4, I esul division of Lots
1 - 16, 34 - 38 and the remaining portions of Lots 17, 18, 39, 40, Block 4, Dots 1 19 Lots 37 - 41
and the remaining portions of Lets 20, 21, 42, Block 6, a portion of the formerly second street (closed)
and street closure to a portion of Wagner Street and a portion of Avenue E, Map of East Norfolk, Map
Book 261, pages 97 thru 9
Lots 14 & 1 , Block 3, East Norfolk
Portion of Avenue E (Closed 1 99), Resubdivision. of Parcel A & > , East Norfolk, Lot 1
15, Black 3 and a portion of Avenue E, Map of East Norfolk Street Closure Ordinance recorded in
Deed Book 4217 at page 66
NOTE ABOVE DESCRIED LEGALS MAKE UP PARCEL B - I SHOWN ON PLAT
RECORDED IN MAP BOOK 285, PAGES 16 AND 1
PARCEL TWO GPINs 14 7- 3-0509, 14 7- -0419, 14 7- -0349, 14 7-- 3-0 41, 14 7- -
1 1 , 14--04, 147-3-14161 147--1402, 1-23-92665? 17-2-91999 147--2445?
14 7- 2-162 , 14 7-32-067 , 1487-33-0285)
8
It being the same property conveyed to JLR Associates, L L C herein by deed dated March 4,,
1999 from Nationsbank of Virginia, IAA and Ann K Sullivan, Trustees for Family Trust ofGeorge M
Sullivan, Jr, deceased duly recorded March 1, 1999 in the Clerk's Office of the Circuit Court of the
City of Virginia Beach in Deed Book 4046 page 825
It being the sarne property conveyed to JLR Associates, L L C herein by deed dated November
, 2000 from Bank of America, N A , formerly known as Nationsbank of Virginia, N A, formerly
known as Sovran Bank, N A , formerly known as Virgima National Bank and Anne K Sullivan,
Trustees for the Family Trust of George M Sullivan, Jr, deceased duly recorded November 20, 2000
in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 4324 page 1
As t
Lots 1 — 16, 34 — 42, Block 7,, mots 1 — 4 , Block 8, Map of East Norfolk
Portion of Second Street, Map of East Norfolk, less and except that portion ofSecond Street
lying east of a southern extension of the eastern side of Avenue G to the intersection of VB Norfolk
Expressway
A triangular shaped residual parcel of land being a portion of that certain property formerly
referred to as Rosemont Amusement Park, plat of Rosemont Park
Parts now or formerly Avenue H, Avenue G, and First Street vacated by City ordinances
Lots 9 — 12, Lots 30 — 33, Block 77 Map of East Norfolk
Parts now or fortnerl y Avenue H and First Street vacated by City ordinances
PARCEL THREE (GPIN 1487-33-8439)
It being the same property conveyed to Contractors Paving Company, Incorporated, a Virginia
corporation herein by deed dated January 31, 1966 from Atlantic Construction Corporation, a Virginia
corporation duly recorded April 6, 1966 in the Clerk's Office of the Circuit Court of the City of
irgnma Beach in Deed Book 94 page 666
s t
Parcel A (192 acres), Parcel B (0 276 acres), Parcel C (3 303 acres) and Parcel E (0 241 acres),
shown on Survey of Blocks 1 and 2, East Norfolk, Map Book 66, page 11
Less and except that portion of Parcel C and that portion of Parcel E conveyed to Bay Camping,
Inc by deed dated May 24, 1973 and recorded in Deed Book 1355 at page 458
Less and except that portion of Parcel C conveyed to Malibu Auto Parts, Inc by deed slated
October IT, 1973 and recorded in Deed Book 1384 at page 757
PARCEL FOUR GPI 1 7- -1 1 , 14 - -1 , and 1 - -1 49
X
It being the same property conveyed to JLr Associates, L L C , a Virginia limited liability
company herein by deed dated December 14, 1998 from Contractors Paving Company, Incorporated
duly recorded December 22, 1998 m the Clerk's Office of the Circuit Court of the City of Virgirn
Beach in Deed Book 4003 page 1171
It being the same property conveyed to JLI Associates, L L C , a Virginia litd liability
company h rern by deed dated February 9, 2001 from D Scott Seery, Special Commissioner for and on
behalf of Elizabeth G Lughorn and unknown heirs duly recorded February 13, 21 in the Clerk's
Office of the Circuit Court of the City of Virginia Beach in Deed Book 47 page 1783
As to
Lots 17 — 21, Block 7, East Norfolk
PARCEL FIVE (GPIN 1487-33-2706)
It being the same property conveyed to JLR Associates, L L C , a Virginia limited liability
company herein by deed dated December 14, 1998 from Contractors Paving Company, Incorporated,
Virginia corporation duly recorded December 22, 1998 in the Clerk's Office of the Circuit Court of the
City of Vir1pnia. Beach in Deed Boob 4003 page 1171
As t
Dots 26 — 27, Block 5, East Norfolk Realty and Industrial Corporation
PARCEL SIX (GPIN 1487-33-2$44 and 1487-33-2801)
It being the sane property conveyed to JLI Associates, L L C , a Virginia limited liability
company herein by deed slate Apnl 24, 2001 from Handhold Associates, a Virginia general partnership
duly recorded May 3, 2001 in the Clerk's Office of the Circuit Court of the City of Virginia Beach in
Deed Boot 449 page 1502
As to
portion of Lot 23, and Lots 24 — 25, Block 5, East Norfolk
Less and except that portion of property taken from Lot 24 for road purposes and retarded in
Deed Book 1870 at page 336
GPIN lumbers have not yet been assigned to those portions of Wagner Street and Rodnguez Dave,
which the Applicant proposes closing in connection with the Conditional Rezoning and Conditional
Use Permit Applications It is intended, however, that these properties be added to the foregoing
description if those streets are approved to be closed
Gpin 1455-73-7940
ZONING HISTORY
1 Reconsideration of Conditions —Approved 9-26-95
Conditional Use Permit {Fill Borrow Pit} -- Approved 3-26-90
Conditional Use Permit (Borrow Pit) --Approved 1-28-63
2 Reconsideration of Modified Conditions --Withdrawn 1-14-97
Modification of Conditions —Approved 11-12-96
Conditional Use Permit (Borrow Pit) —Approved 2-23-93
Rezoning (R-8 Residential to B-2 Business) —Approved 3-18-85
3 Rezoning (R5-D Residential to B-2 Business) —Approved 2-12-00
4 Rezoning (R5-D Residential to R5-D Residential with a PD-H2 Overlay) —
Approved 1-12-99
Modification of Conditions —Approved 9-28-99
Conditional Use Permit (Two Communication Towers) —Approved 1-22-90
Conditional Use Permit (Communication Tower) —Approved 5-28-89
Rezoning (R-8 Residential to B-2 Business) —Withdrawn 12-19-88
Conditional Use Permit (Borrow Pit) —Approved 2-13-84
Conditional Use Permit (Communication Tower) —Approved 5-18-81
Conditional Use Permit (Antenna) —Approved 11-18-74
Conditional Use Permit (Communication Tower) —Approved 1-16-73
5 Conditional Use Permit (Church Expansion) —Approved 3-26-02
Conditional Use Permit (Church Expansion) —Approved 9-28-99
Conditional Use Permit (Church) —Approved 1-11-88
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Michael D sifen, Inc — Change of Zoning District Classification
MEETING DATE March 25, 2003
■ Background
An Ordinance upon Application of Michael hael D sifen, Incfor a Change of Zoning
District Classification trom R- D Residential Duplex District to Conditional 1-1
Light industrial District on the west side of Centerville Turnpike approximately
1600 feet north of its intersection with Kempsville Road (GPIN 1455737940)
The proposed zoning to Conditional 1-1 is for light industrial land use The
Comprehensive Plan recommends mends use of this panel for business parks, offices,
industrial, and employment support land use Marcel contains 6 724 acres
DISTRICT 1 — CE TER ILLE
The purpose of this request is to rezone the site from R-D Residential District to
Conditional 1-1 Light Industrial District and to construct a mini -warehouse facility
■ Considerations
The property is undeveloped and is zoned R -D Residential District
The site has an extensive zoning history with regard to the previous borrow pit
operation Before 1973, the site was zoned R-D 1 Residence Duplex A
Conditional Use Permit for a borrow pit was approved on the site in 1963 In
March of 1990, go, Conditional Use Permit to fill the existing borrow pit was
approved several conditions of this Conditional Use Permit were modified on
September 26, 1995
The applicant proposes to rezone the site from R -D Residential to Conditional l-
1 Light Industrial and develop a mini -warehouse facility The site development
plan depicts seven buildings containing a total of 136,450 square feet of mini -
warehouse area and 1,400 square feet of office and residence area proposed for
the site There are seven parking spaces: including one handicap accessible
space, illustrated on the site The entire frontage of the site along Centerville
Turnpike will be landscaped and bermed with the exception of the entrance to the
site and four parking spaces
The request to rezone the site from R -D Residential District to Conditional 1-1
Light fndustrial District and develop the site as a mini -warehouse facility is
acceptable The request is in keeping with the Comprehensive Plan Map
Mike Sifen
Page 2 of 2
recommendations for the area, and is in keeping with the surrounding uses
1lhile the applicant has proffered several acceptable uses for the site, as
previously stated in the report the only use that will be permitted on the site at
this time is the mini -warehouse fa if ity, office and residence as proffered in
Proffers 1 and 2 Should the applicant wish to add any of the other proffered uses
to the site, Proffers 1 and 2 will have to be modified The proposed landscaping
along the frontage of Centerville Turnpike exceeds City ordinance requirements
The proposed meandering and undulating berms planted with evergreen and
deciduous trees will add an attractive touch to the frontage Foundation
screening will soften and add to the appearance of the buildings The proposed
screening and buffering of the proposed use along the side and rear property
lines is adequate The proposed elevations depict the use of a good mix of
building materials, including brick, , and architectural details, such as tile, metal
caps, and exterior insulation finish system (EIFS) accents, that will provide visual
relief to the building
Staff recommended approval There was opposition to the proposal
■ Recommendations
The Planning Commission passed a motion by a recorded Grote of 4-3 with
abstentions to approve this request
■ Attachments
Staff Review
Disclosure Statement
Planning Commission Minutes
Location flap
Recommended Action Staff recommends approval Planning Commission recommends
approval
A
Submitting Department/Agency Planning Department
City Manager
MICHAEL D. SIFEN, INC. / # 81
February 12, 2003
General Information:
APPLICATION
NUMBER B10-211-CRZ-2002
REQUEST Change of Zoning District Classification from R -D Residential Duplex t
Conditional 1-1 Light Industrial
ADDRESS The West side of Centerville Turnpike, north of Kempsvill Road
B-9
Michael D Sifen. Inc
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Giro 1455-73-17940
Planning Commission n enda �� T
February 12, 2003
IICHAEL D SIFEN, INC / # 8
Page 1
GPIN 14557379400000
ELECTION
DISTRICT 1 —Centerville
SITE SIZE 6 724acres
STAFF
PLANNER Faith Christie
PURPOSE To rezone the site from R5-D Residential District to Conditional 1-1 Light
Industrial District and to construct a mini -warehouse facility
Major Issues:
0 Compatibility with surrounding uses
Land Use, Zoning, and Site
Characteristics:
Existinq Land Use and Zoning
The property is undeveloped and is zoned
R5-D Residential District
Surrounding Land Use and Zoning
Forth 0 Undeveloped property R -D Residential
South • Undeveloped property B-2 Business
East • Centerville Turnpike
Across Centerville Turnpike is a Church and
school, a Post Office facility, and an Office -
Storage and Mini -warehouse Fa if ity -2
Business and 1-1 Light industrial
West Undeveloped property R5-D Residential
Planning Commission Agenda
February 12,
MICHAEL D SIFEN, INC
Page
Zoning and Land Use statistics
With Existing Any of the principal and conditional uses permitted in
Zoning the R5-D Residential District such as single-family and
duplex dwellings, churches, borrow pits, golf courses,
recreational facilities and schools
With The submitted proffer agreement specifies the following
Proposed uses to
be alloyed on the property
Zoning
a
Wholesaling, warehousing, storage or
distribution establishments,
b
Business, medical, financial, non-profit,
professional and similar office buildings:
c)
Public Utility installations,
d
Commercial parking lot, and
e
Public Buildings and grounds
While these uses are acceptable for the site, staff
notes that Proffer 1 of the proffer agreement states that
the site shall be developed substantially as shown on
the exhibit entitled "PRELIMINARY LAYOUT FOR
PIKE SELF STORAGE ON CENTERVILLE
TURF PIKE", prepared by Site Improvement
Associates} Inc , dated 11- - 2, and that Proffer 2
states that the buildings shall contain the architectural
features and utilize the high guafity building materials
depicted on the "Proposed Elevations for Pike self
Storage} Virginia Beach, Virginia 'ya prepared by
Covington, Hendrix Architects Therefore the only use
permitted on the property will be the proposed mini -
warehouse facility if the applicant or property owner
wishes to use the property for any of the proffered uses
then Proffers 1 and 2 must be modified
Zoning History
The site has an extensive zoning history ► ith regard to the previous borrow pit
operation Before 1973, the site was zoned R-C 1 Residence Duplex A Conditional Use
Permit for a borrow pit was approved on the site in 1963 In March of 1990, a
Planning Commission Agenda
February 12, 2003
MICHAEL D SIFEI , INC
Page
Conditional Use Permit to fill the existing borrow pit was approved The following
conditions applied
1 The borrow pit filling operation will be operated in a dust free manner
2 Operating hours shall be 7 00 a m until 7 oo p m , Monday through Saturday
No Sunday operation shall be permitted
Lin -drained pockets and stagnant pools resulting from surface drainage shall be
sprayed in accordance with requirements of the State Board of health to
eliminate breeding places for mosquitoes and other insects
In accordance with the City's current Master Street and Highway Plan, a right-
of-way dedication will be required along the enure Centerville Turnpike frontage
to provide for an ultimate sic lane divided arterial with bikeway and scenic
easement A variable width right-of-way dedication is required
Flight and left turn lanes are to be installed on Centerville Turnpike before the
beginning of the filling operation Additional right-of-way dedications may be
required for the installation of these turn lanes
The subdivision of the subject site into residential lots, as shown on the
conceptual, is not approved with this application
Only inert, non -tonic material shall be deposited on the site
The property adjacent to the antennae farm is to be conveyed back to that
owner
During the hours of operation, the owner shall provide and maintain a full -tire,
on -site inspector to inspect the trucks and maintain a daily log to verify only
inert, non -tonic materials have been deposited on the site
10 These reports, when requested by the City, shah be submitted for review
Several conditions of this Conditional Use Permit were modified on September 26,
19The following conditions were modified
If the existing Centerville Turnpike entrance to this site is to be used by vehicles
depositing construction demolition and debris in the borrow pit reclamation site,
right and left turn lanes are to be installed on Centerville Turnpike before the
beginning of the filling operation Additional right-of-way dedications may b
required for the installation of these turn lames
Only construction demolition and debris, non -tonic materials shall be deposited
on this site pursuant to a permit for the Virginia Department of Environmental
Quality
During the hours of operation, the owner shall provide and maintain a full-time
on -site inspector to inspect the trucks and maintain a daily log to verify only
construction demolition and debris, non -tonic materials have been deposited on
this site
O&A c
Planning Commission Agenda
February 1, 2003
MICHAEL D SIFE , INC
Page 4
1 Operational conditions contained hereinabove, in the event of a natural disaster
or similar situation may be waived in whole or in part by order of the City
Manager or the designated Emergency operations Coordinator on a temporary
basis pursuant to an adopted Emergency Plan
Air Installation Compatible Use Zone (AICUZ)
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceans
Natural Resource and Phvsical Characteristics
The site has been filled It is grassed and there are no environmentally sensitive
features on the site The site is in the Resource Management Area of the Chesapeake
e
Bair Preservation area
Public Facilities and Services
Water and Sewer
Water There is a ten -inch water main in Centerville Turnpike The site
must connect to City water
Sewer City sewer is not available to the site Health Department approval
for a septic system is required if a septic system is utilized The
applicant may connect to City sewer, but will bear the expense of
extending tires The applicant may obtafn sewer hookup from
several sources
• There is a surer line that stops at Jake Sears Road, north of
the site
• A new pump station has been installed on the Tallwood
Elementary School property to the west of the site
• If there is a Hampton Roads Sanitation District HRSD line
in Centerville Turnpike, the applicant may use a private
grinder pump and force main, subject to HRSD approval
Planning Commission Agenda
February 12, 2003
MICHAEL D s1FEN, INC
Page
Transportation
Master Transportation Plan (MTP) /Capital Improvement Program (CIP)
Centerville Turnpike in front of this site is considered a two lane undivided minor
suburban arterial it is designated on the plater Transportation Plan as a 120 foot
divided right of way with a multi -use trail There are currently no Capital
Improvement Program projects listed to improve this right of way
right of way reservation for future improvements to Centerville Turnpike may be
required during detailed site plea review
Traffic Calculations
Street Name Present! Presentl Generated Traffic
Volume Capacity
17 400 13 600 Level DT�f Existing Land Use' 626
Centerville Turnpike • ,
ADT I Service C I Proposed Lind Use 3 343
i
' Average Daily Taps
2 as defined by 58 single to mily units
3 as defined by 137 850 square feet of self storage space
Public Safety
Police The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for crime
Prevention techniques and Crime Prevention Through
Environmental Design (OPTED) concepts and strategies as
they pertain to this site
Fire and A fire hydrant must be located within 400 feet of commercial
Rescue structures Private fire hydrants must be maintained annually
as identified in N F P A 2
The minimum fire lane width must not be less than 20 feet
Under some conditions, greater width will be by the authority
having jurisdiction
Gated sites must provide for Fire Department access using the
Planning Commission Agenda
February 12, 2003
MICH EL D SIFEI` , INC #
Page
Knox r Supra key system Gates must have fails fe operation
in the event of a power failure
The units must not be used for office purposes, bard
rehearsals, residential dwellings, or any other purpose not
consistent with the storage of non -hazardous goods Portable
or auxiliary power supplies will not be allowed for tenant use
certificate of occupancy must be obtained before occupancy
of the building
Comprehensive Plan
The Comprehensive Plan Map designates this area as an area planned for a variety of
employment uses including business parks, offices, appropriately located industrial and
employment support uses
Summary of Proposal
Proposal
The applicant proposes to rezone the site from R -D Residential to Conditional 1-1
Light Industrial and develop a mini -warehouse facility The site development plan
depicts seven buildings containing a total of 136,450 square feet of mini -warehouse
area and 1,00 square feet of office and residence area proposed for the site There
are seven parking spaces, including one handicap accessible space, illustrated on
the site The entire frontage of the site along Centerville Turnpike will be landscaped
and bermed with the exception of the entrance to the site and four parking spaces
The site is on Centerville Turnpike rear the Woods Corner section of the city It was
previously a borrow pit that has been filled Directly across Centerville Turnpike, to
the east, are Atlantic shores Baptist Church and school, and a United States Postal
Service USPS facility Slightly northeast of the LISPS facility is an existing office
park and mini -warehouse facility Directly north of the site is the City's Landfill 2,
more commonly known as Mount Trashmore 11
Site Desn
The site is rectangular in shape, with 1,486 feet of width along Centerville Turnpike,
and varying in depth from approximately 220 feet to 250 feet The proposed mini -
Planning Commission Agenda
February 12, 2003
MICHAEL D SIFEN, INC
Page
warehouse development maximizes the area of the site
Seven buildings are proposed on the site Four buildings are proposed parallel to
Centerville Turnpike, 35 feet from the property line These buildings range in length
from 150 feet to 400 feet, and are 56 feet wide Three buildings are proposed along
the back of the site, ranging in length from 360 feet to 490 feet, and are 50 feet wide
These buildings are proposed to be positioned 32 feet from the rear property line
Vehicular and Pedestrian Access
single entrance to the site, 40 feet in width, is proposed directly in line with the
existing entrance to the post office site across Centerville Turnpike The proposed
drive aisles on site are a minimum of 25 feet in width It appears that vehicular
maneuvering will be adequate on the site
VW_ -. � -': � 5E I
Architectural Desi Ln
The applicant proposes to develop the site with buildings that use a variety of
building materials to provide visual appeal The proposed buildings are one story
with the exception of the office and residence The office will have storefront type
windows and back exterior walls The second floor residence will have exterior
insulation finish system (EIFS) exterior walls tan in color with a cream exterior
insulation finish system (EIFS) accent band A hipped metal roof complements the
building
CPC
Planning Commission Agenda
February 12, 2003
MICH EL D SIFE I, INC /
Page
• The portions of the mini -warehouse buildings that are facing Centerville Turnpike are
to be constructed with a split face block water table, and brick and exterior insulation
finish system (EIFS) exterior walls The long expanse of the walls is broken with
incremental projections to provide for architectural and visual relief Three different
projections are proposed The end of the building projections will have a band of
accent brick around the exterior insulation finish system (EIFS) wall, with a tale
accent A hipped metal roof covers this projection The middle of the building will
have the same design projection except an exterior insulation finish system (EIFS)
pediment will complement this roof area The other projection is simple in that it does
not have any facade or roof element It is simply trimmed with a metal cap
Landscape and Open Space
The entire frontage of the site along Centerville Turnpike is depicted as landscaped
area with the exception of the entrance into the site and four parking spaces The
landscape area will contain berms that are planted with both evergreen and
deciduous trees, as recommended by staff Foundation screening of the fronts of the
buildings along Centerville Turnpike is also proposed on the submitted plans
• The required Category VI screening is depicted along the sides and rear property
lines A Variance to the required 1 -foot setback from the R-D Residential District i
required The applicant will make application to the Board of Zoning Appeals for the
Variance upon approval by the City Council of this Rezoning request
Proffers
PROFFER # 1 When the property is developed, it shall be developed
substantially as shown on the exhibit entitled
"PRELIMINARY LAYOUT FOR PIKE SELF STORAGE ON
CEf TERVILLE TURNPIKE", prepared by Site
Improvements Associates, Inc , dated 11- -02, which has
been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning
(hereinafter "Site Plan)
Staff Evaluation The proffer is acceptable It insures that the site will he
developed as deprot d on the submitted prellmInary layout
plan
PROFFER # 2 When the Property is developed} the buildings depicted on
Planning Commission Agenda
February 12, 2003
MICHAEL Q SIFE I, INC
Page
A
,W
the Site Plan shall contain the architectural features and
utilize the high quality bu(Iding materials depicted on the
"Proposed Elevations for Pike Self Storage, Virginia
Beach,Virginia", prepared by Covington, Hendrix
Architects, which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach
Department artment of Planning (hereinafter "Elevations")
Staff E a uatfon The proffer rs acceptable It insures that the proposed
buildings will be constructed in accordance with the
submitted elevations
PROFFER # 3 The freestanding monument style sign designated on the
Site Plan shall be brick based monument style sign no
greater than eight feet (8') in height
Staff Evaluation The proffer is acceptable
PROFFER # 4 All outdoor lighting shall be shielded, deflected, shaded
and focused to direct light down onto the premises and
away from adjoining property
Staff Evaluation The proffer is acceptable It insures that Ilghung on the site
will not interfere with adjacent uses
PROFFER # 5 Only the following uses will be permitted on the Property
a wholesaling, warehousing, storage or distribution
establishments,
b Business, medical, financial, non-profit, professional
and similar office buildings,
c Public Utility installations,
d Commercial parking ing lot, and
e Public Buildings and grounds
Staff Evaluation The proffer is acceptable ►n that it limits the proposed uses
for the site However as staff previously noted in this
r~eport� Proffer I states that when the site rs developed it
shall be developed substantially as shown on the
submitted prehminary site plan Proffer 2 states that the
buildings will contain the architectural features and utilize
the high quality building matenals depicted on the
elevations Therefore, the only use permitted on the site
Planning Commission Agenda
February 1, 2003
Page 1
will be the r 1ni-warehouse facllrty, office for the facrlr y and
caretaker residence Should the developer or property
owner wish to Introduce any of the uses trsted In this
proffer on to the site, Proffers 1 and 2 will have to be
mod1fied by the City council
PROFFER Further conditions may be required by the Grantee durfng
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 Evaluation The proffer is acceptable
City Attorney's The City Attorneys Office has reviewed the proffer
Office agreement dated November 10, 20021r and found it to be
legally sufficient and in acceptable legal fora
Evaluation of Request
The request to rezone the site from F -D Residential District to Conditional 1-1 Light
Industrial District and develop the site as a mini -warehouse facility is acceptable The
request is in keeping with the Comprehensive Plan Map recommendations for the area,
and is in keeping wfth the surrounding uses While the applicant has proffered several
acceptable uses for the site, as previously stated in the report the only use that will be
permitted on the site at this time is the mini -warehouse facility, office and residence as
proffered in Proffers 1 and 2 Should the applicant Irish to add any of the other proffered
uses to the site, Proffers 1 and 2 will have to be modified The proposed landscaping
along the frontage of Centerville Turnpike exceeds City ordinance requirements The
proposed meandering and undulating berms planted with evergreen and deciduous
trees will add an attractive touch to the frontage Foundation screening will soften and
add to the appearance of the buildings The proposed screening and buffering of the
proposed use along the side and rear property lines is adequate The proposed
elevations depict the use of a good mix of building materials, including brick, and
architectural details, such as tile, metal caps, and exterior insulation finish system
(ElFS)accents, that will provide visual relief to the building
Staff, therefore, recommends approval of the request to rezone the site from R -D
Residential District to Conditional 1-1 Light industrial District to develop amini-
warehouse facility
Planning Commission Agenda
February 12, 2003
MICHAEL D SIFEN, INC #
Page 11
NOTE Further Conditions may be required during the
administration of applreable City Ordinances Plans
submitted with this rezoning apply ation may require
revision during detailed site plan review to meet all
aliable City Codes
Planning Commission Agenda
February 12, 2003
MICHAEL. D SIFE1 , INC l
Page 12
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Planning Commission Agenda
February 1, 23 ��-
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}
February 12, 20,03.
MICH EL D SIFEN, INC ---
Page 14
DISCLOSURE STATEMENT
Applicant's Name _41c aely _ ifens-Inc-iL _�'1r 1nia_c p rq .n--_----
�._
List All Current
Property Owners Williams� �x�r �r ia���rp i�� n
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION Itst all officers of the Corporation below
(Attach list if necessary
i McKinley, -Secretary ................................. ...........
If the property owner is a PARTNERSHIP, FIRM or other UNINCORPORATED
ORGANtZ.ATION list all members or partners in the organization below (Attach fist
if necessary)
)
o Checkhere if the property owner is NOT a corporation partnership firm or other
unincorporated organization
if the applicant is not the current owner of the property complete the Applicant Disclosure
section below
APPLICANT DISCLOSURE
L OSURE
If the property owner is a CORPORATION list all officers of the Corporation below
Attach list of necessary)
1t the property owner is a PARTNERSHIP FIRM or other UNINCORPORATED
ORGANIZATION list all members r partners in the organization below Attach list
if necessary)
0 Check here tf the property owner is NOT a corporation partnership firm or other
unincorporated organization
CERTIFICATION I certifythat a Information contained herein is true
and accurate
Michael D Sifen Inc
Bv.2--`
.,
Signature r
Conditional Rezoning oning Application
Page 10 of 1
Michael D Sifen, President
Print Name
Planning Commission Agenda
February 12, 2003
IICHAEL D SIFEN, INC /
Page 1
DISCLOSURE STATEMENT
Applicant's Name
- e �_ j f e n l rg' a La {� ar ti-on
Lost All Current
Property Owners - Williams Holdingi or , am Virginia corporaLion
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION list all officers of the Corporation below
(Attach list if necessary)
E R Bowler P,-e iden t Tre urer
If the property owner is a PARTNERSHIP HIP FIRM or other UNINCORPORATED
ORGANIZATION list all members or partners in the organization below At ach list
if necessary)
Ei Check here if the property owner is NOT a corporation partnership firm or other
unincorporated organization
If th9 apptic ant is riot th0 c urront owner of the property completo tha ApplIcanI Disclosure
section below
APPLICANT DISCLOSURE
If the property owner is a CORPORATION list all officers of the Corporation below
(Attach list if necessary)
----------
If the property owner is a PARTNERSHIP, EF HIP, FIRM or other UNINCORPORATED
ORGANIZATION list all members or partners in the organization below (Attach hst
if necessary)
0 Check here if the property owner is NOT a corporation partnership firm or other
unincorporated organization
CERTIFICATION I certify that theinformation contained herein is true
and accurate
*-1 JTIamp, fig 1 n g r p
1
Signature •' s Pant Name
Conditional Rezoning oning Application
Page 10 of 14
Planning Commission Agenda
February 12, 2003
MICHAEL D SIFEI , INC /
Page 1
A
Item
Michael D S1fen, Inc
Change of Zoning District Classification
Nest side of Kempsville road
District 1
Centerville
Febmary 12, 2003
CONSENT
Charlie Salle The next item on the Consent agenda is Michael D Sifen A Change of
Zoning Classification from m R-5.D Residential Duplex District to Conditional 1-1 Light
Industrial District on the crest side of Centerville Turnpike
Ronald Ripley Charlie I hear we have opposition to this So we need to drop that
down and hear that
Charlie Salle Okay:
REGULAR AGENDA
Robert Miller The next item is Item # , Michael D Srf n, Inc
Ronald Ripley On this particular application, I'm going to step awav from the chair on
this because although I don t think I have any bras to this at all, but Y do have an interest
to purchase a piece of land adjacent to this, and a company that will purchase a piece of
land -idlacent to this I think I will be abstaining and I think Mr Miller has a creed to
abstain because I believe he represents
Robert Mi Her The owner of the property
Ronald Ripley The owner of the property So I ve asked again Charlie Salle' t pinch-
hit for ups and Charlie would you please tale the chair
Charlie Salle Sure 111 be glad to Do we have anybody{ representing Michael D
Siten"
Robert Miller We do right there 'h is that guy` He was up late last night
Eddie Bourdon My apologies for the delay{
Charlie Salle Before you get istarted Joe might have a comment
Joseph Strange I'd junk like to make a comment I also own property across the street
of
this project I don't think it � going to have an F bearing on my consideration of this
project so I will participate
Item
Michael D Sifen, Inc
Page
Eddie Bourdon Thank you For the record, my naive is Eddie Bourdon I'm a Virginia
Beach attorney and it's my privilege to represent Mr Michael D Sifen on this
application Many of you, not all ofyou know w m iy know Mr Sifen He is a developer of
some I believe renown in the area He does a wonderful job with his projects He hay
been in the self -storage and commercial development office development business for
over a quarter of a century He s been doing storage facilities for 2)3 years in this area
and throughout the Commonwealth of Virginia It also my privilege the landowner
EVE' Group, EV Williams And the piece of property that we are here to talk about is a
long rectangular shaped piece of property that fronts on the wet side of Centerville
Turnpike north of Kemp ville Road and south of Indian River load south of CBN The
property is zoned - D It is the ring road or outside ofthe borrow pit now landfill
There is still some excavation taking place on a small part of it, but it s essentially a
landfill The property while zoned -5D is certainly not &,ultable for residential
development Directly to the south of this property is a 1 -a►cre parcel that i oned -2.
Across the street you got -2. property A storage facility and a post office is there and a
church here owns some additional -2 pi opert r 1n the area The proposal is to put a veiy
attractive self- storage facility on the property The staff I think has done a very fine job
1n temis of de cribinor it evaluating it Do you all have the copies of the elevation" 'I his
is the elevations that Crumb and Associates showing Mery attractive brl(,k and split tare
block buildings with extensive landscaping on Centerville as well as foundation
landscaping to create a very attractive appearance one that certainly is significantly
nicer in quality than the older storage facility that exists across Centerville from the site
that's essentially split block type of a facility The thing you inay hear from the
opposition is there a demand in this area for storage And. the answer is inequitable yes
from all of the folks that I've tallied to and I have been talking to a lot of theta lately
with the application that I know you re all familiar with at Kemp Mille enteiviIle
Associates that City Council approved last evening Within a three-mile radius of the
intersection of Kemp ville Road and Centerville Turnpike the population is ioughly
5 000 people And within that three --mile radius there IS a significant quantity of both
multi -family development and small lot residential development There is alclo a
significant student population associated with Regent University All of those type of
housing cr -ite additional demand for these type of storage facillt f Within that three-
mile radius today there are 137,000 square feet of storage facility by contrast within
three-mile radlUs within a three mile radius, at the intersection of Darn NeLk Road and
Holland load which we chose that because you get the same central population 85 000
people, but within that three mile radius, little bit larger lot sizes. generally speaking, and
no college student population There are today within the three mile radius of Holl ind
and Dam Neck 535 000 square beet of storige facility So and the people who are the
experts n the industry and Mi Sifen who is here certainly qualifiet, a that because he
got these facilities throughout the Commonwealth will tell you that is not an adequate
amount of storage facility With what the City Council approved for
Kem pville/Centerville Associates and it thl application is approved and is built, thit
will increase the square foot of storage area in this locality within a three mile radius. due
wound 390 000 vquare feet, still 30 pert efit les than exists at the Dam i t. Holland
Corridor three-mile radius And there's sufficient demand to support this tvpe ofuse in
Item #
Michael D Sifen, Inc
Page
this location And the facility across the street is as of this morning fully occupied I
think they said one small area to x to that s available Everything else is completely Lull
Also I want to let you that I was contacted about three weeks ago by another client
looking at another site in this area for a storage taeility I indicated to them that I thought
warm t something they should look at but they gave me the same information that there is
a lack of available space in this wea to serve the needs of the people that are there and
additional development Although, not significant in terrrit, of the amount that' going to
take place in this area So, the anti -competition argument that i think is the genesis of the
opposition here today we think competition is good We thinly that competition brings
out the best and frankly the appearance of this facility is second to none ThL other
thing if you look at this piece of property and try to envision what would be a getter use
for this piece of piopert ,f I m hard pressed to think of a better use for this piece of
propert r It is a low traffic generating use If you try to do somethinu commercial there
it couldn t lay out anyway other than a strip commercial and even then it would just be
pretty difficult to envision something attractive or beneficial And, there really isn t a
demand in this area for con-miercial development And, the idea of puttincr a bunch of
single family homes adjacent to the borrow pit landfill right on Centerville Turnpike,
which is what the zoning I - I would suggest just doesn't make any sense from a land
use perspective So, with that you recognize this was on the consent agenda l m going to
end the presentation and answer any questions, and I d like to respond to the opposition
Charlie Salle' Any questions for Mr Bourdon`
Eddie Bourdon Thank you
Charlie Salle' Eddie, is that all the speakers in favor of the project`
Eddie Bourdon Mi Sifen is here but he did not sign up to speak
Charlie Salle okay Those in opposition"
Jinn Arnold Chairman Ripl v Members of Planning Commission today is quite role
reversal for me I m Jim Arnold, life long citizen of Virginia Beach I m in the real estate
development construction business I am one of the partners in Americas la ic. Self
Storage directly across the street from this proposed rezoning I apologize before I go
through this list that I did not give this information to everybody prior to today s meeting
It was a difficult decision for me to come and speak against this rezoning and my used to
be old friend Mr Bourdon Perhaps being viewed as anti competitive but even as a
Lo petitor I hope you realize rn � L nLerns ale not completeiv Belt- erving i f partners
and I have substantial investments in this area and want what. s In the test interest of the
business and residential communities a whole The debate of too much of northing is
not anti competitive It causes vaLanLies in properties because of casks flow that may in
fact fall in di r p ii and not be maintained to i high stand ird The project actors the
street that Mr Bourdon was talking about we own, received a design award from the
City of Virginia Beach a few Mears back We re Mery prOUd of that property A view of
Item
Michael D Sifen, Inc
Page 4
the City records and information I obtained from Brian I under. Commercial Appraiser,
shows this market has more than ample storage facilities in all sizes to accommodate the
community's needs I believe Mr Bourdon suggest that you should only look at the
facilities within a three-mile radius I and Mr l; unden the appraiser certainly Suggest
that analogv is flawed Depending upon where you shop, work, tape your children to
C.hool or other activities, you 11 be introduced to available storage facilities within at
least a five mile radius I was told by Mr Dunden that the appraisal indu try would use
five -mile radius to assess value competition A tive-mile radius would ho%v there are
eleven competing facilities, two of which will be developed within the next few years
One, 120,000 square foot facilitv was approved last night by City Council at the cornier of
I empsville Toad and Centerville Turnpike and 56,000 square fort expansion on
Providence Toad that is coning up on Jack Rabbit facility These facilities equate t
almost 740 000 square feet of storage space of which over 170 000 square feet will come
online that will have to absorbed over the next few yearOur facility. is 94 000 square
feet across the street It was developed in two phases It took approximately five year's to
get to an acceptable occupancy It will take at a minimum that long to absorb the new
units that are already approved I believe it will take a little bit longer and suie1v
oeeupancy of the existing property- will be hurt There are storage units available in all
sizes at every facility in its Market To suggest that the market is not to be
accommodated is just not true We have guilt over the past five years 360 apartments in
this area which have garages and stoiage facilities on vite for our residents And, with
those not completely filled by our own residents, that live there It's just this property
being rezoned from residential to industrial is adjacent to an existing chuff ch and the
enure Gomez borrow pit property which i zoned residential All of the recent rezoning
adjacent to the boi row pit property has been rezoned to multi -family residential other
than the City of Virginia BeaLh Citv view recieati n site This property is adjacent to
existing residential zoned pl operty and Should rennin residential not intrude it with
industrial i recognize the Comprehensive Plan calls for commercial and or industrial on
the Site I expect that will be reviewed during the Comprehensive Plan update, in light of
all the multi -family rezoning adjacent to the Gomez borrow pit The Gomez borrow pit
prpertv hay been designed in the past and far as I know still i. and will probably be
developed as re idential by the owners Even though you look at that big hole out there
today it down t necearily look like that what s going to happen I know that pit is
Supposed to all be filled and cone back up There vhould not be support for inother
storage facility rezoning atter the approval last night How many could we possibly need
in one marketing areal Hopefully all Commission members will see the wisdom ofnot
adding more of this business type to the area Over f.,upply ofand+ business trpe always
creates vacancies The fact; of this may have been an acceptable use under different
circumstances just as Orchard Park Shopping Center ovei the Chesapeake line is an
acceptable use for commercial when that was zoned That now sits 50 percent vacant
Because of an over built retail environment whiLh Mr Bourdon agrees and eluded t
last night on the other storage tacility rezoning I m sure even he down t believe the only
viable business rezoning for this area is storage facilities We just don't need another
facility at this time I realize this item was on the Lonsent agenda prior to m ' opposition
I repectfully request all Commission members to think again your approval of this
Item #
Michael D S1fen, Inc
Page
project ►nd recommend denial of this request, or at the very least send this item back for
additional staff review in light of this new information and comments Thank you ver r
much
Charlie Salle' Any questions for Mr Arnold Thank you Are there any other speakers
in oppoition9
Robert Miller There's no one else listed
Eddie Bourdon Let me begin by insuring you that I'm not a former friend of Mr
Arnold, and I certainly don t congider myself to be an old' friend of Mr Arnold we
will be friends l as we carve into today as friends Certainly{ we can do a five -mile radius
study ofHolland and Dam Neck and again, the numbers are still going to be the same
This area is underserved I don t know, and I may have misunderstood Jim's comments
in terns oftheir being units available in all sizes in his facility, again we cheeped this
morning and we were told 1t was full except there was one small unit And that was all
that was available Everything was full If he meant the entire five -mile radius that may
well be true There may be units available in all sizes within a five -mile radius But the
tact remains that he indicated in his comments People in the mar ket place are trying to
expand are expanding and that is because there is demand out there, significant demand
The folks who are operating the faLIlrty American Classic are in fact building a fa Arty at
London Bridge and Potter s Road today There is significant demand for this t-pe of
facility Now London Bridge and Potters is probably not within r five -mile radius of this
location But that down t change the fa.L t that this is a type ofuse for which a lot of the
things that we re doing in zoning and eliminatrn accessory structures on lots and storage
spaces becoming a premium for homeowners as well as for people in various businesses
This IS the best use for this piece of property It is a very attractive one and again my
intention was not to suggest that the Amencan Classic f&.rlrty across the street was
unattractive and at the time It was built it won an award but as you we] l know the
appearance of these facilities have been upgraded phenomenally over the course last free
years in terms of what they{ look like and what people are wfrllrner to do in terms of
making there look very attractive This not a shopping center It is a use that has a lot of
character I stics that are far di i f'ercnt than a shopping center An empty shopping center
does create problems A storage facility that is 50-60 percent occupied versus 90 percent
occupied still looks the same in terms of what you see driving by that facility And
remember also that the people in the banking industry are going to be looking at the
numbeis study the numbers isto giving financing for the construction of these and
again they re there The numbers support it That s why there are expansion
opportunities that are taking place and the people who are in the business are looking for
sites in this particular area So, with that, I would hope that the Commission would look
at it from a land use perspective and not from a protectionist or anv competition
perSpeLtive And I don t mean to muscharacteri a what Jim said but that is a part of
what's there That may not be the only part but that i a part of what's there And from
a lam LNe perspective I don't think you can come up with a better land use for this piece
of propertv Thank you
Item #
Michael D Sifen, Inc
Page 6
Charlie Salle Any questions for Mr Bourdon`' will
William Din Eddie do you have any idea, the borrow pit development that you talked
about here when that will be going back up for some bind of development"
Eddie Bourdon I honestly don't know that 1t will I m trying to remember there's a
contract It's an excellent question I don't know that it will ever be developed Because
there is the landfill contract with Sani Fil, and there will be residential development there
I don't think there will be any development there for 30 years, if there is anv
William Din okay. There is a piece of property there B-2 just down the road from you
there
Eddie Bourdon Fight next to it
William Din Right next to 1t And I do find that this is m v e an attractive self -storage
unit, but I really believe that the development of this site a a self storage area might, you
know, if you looked at it comprehensively with the borrow pit and the B-2 and what they
have surroundinor 1t, you know, it does lead me down the road as what % going to be
around this' if we allow this self -storage to go in there will it be compatible with what
we will be putting 1n there" bight now it zoned - 1 Is that compatible with this elf-
torage unit in front of it`s Let's assume it developed an -
Eddie Bourdon You talking about the Morrow pit � The landfill
William Din Yeah
Eddie Bourdon will I don't know any other way to tell you that this landfill 1s not
going to be 1n anf of our life dines, including the youngest person here, going to be
developed with houses on then This is just not going to happen Now,, the only thing
that you re going to see development on is this -2. piece here which is going to be
developed commerLially in my estimation, commercially or a multi -family development
One or the other which thic, would be completely compatible with either of those but to
suggest that this former borrow pit now sanitaiy landfill is going to be a residential
development at some point in the Iuture, I hesitate to look at what technology niav have
in store and how people may live, you know generations to come but nothing that we're
dealing with in this lifetime that s going to be 1e ldential development
William Din I don't know 1f an one on our staff knows when this landfill is projected to
be closed but that just a projection I think that is probably one of my major issues here
with this elf -storage unit In addition, is there too many But the conipatibilltv ofthis
unit 1n this area may be there whether you re looking 30 years down the road or 50years
down the road or even 10 years down the road, I ni not sure that if vu put a elf -storage
unit right up in the front of the road here what golnc to be built between that and the
Item #
Michael D Sifen Inc
Page
City line at Mount Trashmore back there It is zoned R-5D at this time Compatibility 1
part of what we should be looking at here compatibility and proper lard use
Eddie Bourdon Also in the Comprehensive Plan, Will, the Comprehensive Flan calls for
the area to be industrial and commercial not residential
William Din Okay Thank you
Charlie Salle Any other questions'
Donald H r ley I don't have a question I'd jut like to male a statement This use
appears to me to be a good buffer along Centerville Turnpike for the borrow pit and
filling operations that's goinor over there It s an attractive use and the competitive issue,
you know that is somethingwe need to think about, but you know I let business people
be business people when that comes about, but if it's a land use I think pits I think this
fits this area so I m doing t be in support f the application
Charlie Salle' Joe'
Joseph Strange Yeah I didn't hear anv opposition of this from anybody so I kind of
thought that it was not a bad land use here, but one ofthe things that really bothers me
about this is that we re mashing In and putting all these storage units up there I not a
developer, but I have had to rent a lot of spaces and own some spaces It Just kind of airs
my nerves up to see what we re doing in that little section of the City over th ere I inean
this looks like storage haven ovei there, and I don t understand how we re going to ever
reach the economic development in this Citv right here 1f we keep taking parts of our City
ind sacrificing for other parts of the City I jut hate to say it Again I m not a
developer I can t pit here and say I know there is a better use for this land But I Just
wonder why we jut e uldn t rush here and put all these storage units in here Ii ht on top
of another So in lieu of the tact that there are developers who are against this I 1t
probably be v tin against this at thi tonne
Charlie Salle' Any other comments)
Kathy Katsias I intend to agree with Joe I think that it probably i a good use for this
piece of property But, with the approval of the additional warehouse spaces last night
think this area 1� probably saturated at this time, or probably getting saturated with too
mdny units So, I m not in favor of the application
Charlie Salle Any other comments I I think 111 be voting in favor of the application I
concerned with what Kathy and Joe had to nary Unfortunately, I think this application
is a good one and probably the one appi ved last night was a bad one And I'm not sure
I want to choose to penalize this landowner for the actions of others with respect to the
other property And in general I think that zoning i not a great tool in regulating
business cis tar as competitiveness I think if the land we IS appllLable# and I think it i
Item #
Michael D Sifen, Inc
Pacrc 8
here, then that s where we should concentrate our efforts and probably{ let the private
markets cope with the idea of competition saturation with re pelt to the number of
storage units in this area So with that I'll be Support the motion and I guess would
nbdf like to make one`s
Janice Anderson I'll Oro ahead and make motion to approve the application of Michael
Sifen with the conditions
Charlie Salle Do we have a second"
Donald Horsley Second
Charlie Salle thin of ,Ian Anderson and seconded by Don Horsley to approve the
application
AYE 4
NAY 3 ABS 2 ABSENT 2
1 DERS N
AYE
CRABTREE
AYE
DIN
NAY
HORSLEY
AYE
KATSIAS
NAY
KNIGHT
ABSENT
NULLER
ABS
RIBLEY
ABS
SALLE'
AYE
ST RA N- GE
NAY
WOOD
ABSENT
Chas lie Salle By a Mote of -, with two abstentions, the application of Michael D
1fen has been approved for a Change of Zoning Classification from 1-13 Residential
Duplex to Conditional I-1 Light Indus -trial
Eddie Bourdon Thank you all
amity of Virginia Beach
In Reply Refer To Our Fite No F- 6 1
TO Leslie L Lilley
FROM B Kay Wilson
INTER -OFFICE CORRESPONDENCE
DATE March 12, 2003
DEPT City Attorney
DEPT City Attorney
RE Conditional Zoning Application
Michael D Sif n, Inc and Williams Holding Corp
The above -referenced conditional zoning application is scheduled to he heard by the
City Council on March 2, 2003 1 have reprieved the subject proffer agreement, dated
November 10, 20 02, 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
KW
Enclosure
PREPARED B
SYKES +[]UMN
AHERN & L W PC
' MICHA L D SIFN, INC , a Virginia corporation
WILLIAMS HOLDING CORP, a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this loth day of November, 2002, by and between
IIICHA L D SIFEN, INC , a Virginia corporation, Grantor, ply of the first part,
WILLIAMS HOLDING CORP , a Virginia corporation, Grantor, party of the second
part, and THE CITY OF VIRGINIA BEACH, a municipal corporation ofthe
Commonwealth ealth of Virgmia, Grantee, party of the third part
WITNSSTH
WHEREAS, the party of the second part is the owner of a c rta m parcel of
property located in the Centerville District of the City of virglrna Beach, containing
approximately 724 acres as more particularly described in Exhibit "A" attached
hereto and incorporated herein by this reference (the "Property"), and
WHEREAS, the party ofthe first part, being the contract purchaser of the
Property has initiated a conditional amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the
I Zoning Classification of the Property from R-5D Residential District to I-1 Light
I Industrial Distract, 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 legislat-ton,
and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that In order t
permit differing types of uses on and in the area of the Property and at the same time
to recognize the effects of change that will be created by the Grantor's proposed
rezoning, certain reasonable conditions governmg the use of the Property for the
protection of the community that are not generally applicable to land similarly zoned
are needed to resolve the situation to which the Grantor's rezoning application gwes
n e, and
GPIN 14-7-740
PREPARED BY
BYRES B l,WW'
A N & LEVY P F
WHEREAS, the Grantor has voluntanly proffered, 1n writing, in advance of
and prior to the public heanng before the Grantee, as a Part of the proposed
amendment to the Zoning Map with respect to the Property, the following reasonable
conditions related to the physical development, operation, and use of the Property to
be adopted as a part of said amendment to the Zoning Map relative and applicable to
the Property, which has a reasonable relation to the rezoning and the need for which
is generated by the rezoning
NOW, THEREFORE, the Grantor, its successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without j
any requirement by or exaction from the Grantee or its governing body and without
any element of compulsion or u1d fro quo for zoning, rezoning, site plan, buildmg
permit, or subdivision approval, hereby makes the following declaration of conditions
and restrictions which shall restrict and govern the physical development, operation,
and use of the Property and hereby covenants and agrees that this declaration shall
constitute covenants runnmg with the Property, which shall be binding upon the '
Property and upon all parties and persons claiming under or through the Grantor,
its successors, personal representatives, assigns, grantees, and other successors in
interest or title
1 when the Property is developed, it shall be developed substantially a
shown on the exhibit entitled "PRELIMINARY Y LAYOUT FOR PIKE SELF STORAGE
N CENTERVILLE TURNPIKE prepared by Site Improvement Associates, Inc
dated 11- -0 , which has been exhibited to the Virgirua Beach City council and is
on file with the Virgmia Beach Department of Planning (hereinafter "Site Plan")
2 when the Property is developed, the buildings depicted on the Site Plan
shall contain the architectural features and utilize the high equality i udd.mg materials
depicted on the "Proposed Elevations For Pike Self storage, Virginia Beach, Virginia"
prepared by Covington, Hendnx Architects, which have been exhibited to the Virginia
Beach city Council and is on file with the Virginia Beach Department of Planning
(hereinafter "'Elevations")
The freestanding monument style sign designated on the Site Plan shall
be brick based monument style sign no greater than eight feet (8) in height
i
2
I I
i
PREPARED BY
SYUS BOURDO '
N & LWY P
All outdoor lighting shall be shielded, deflected, shaded and focused t
i
direct light down onto the premises and away from adjoining property
5 only the followuig uses vvYll be permitted on the Property
a wholesaling, warehousing, storage or distribution establishments,
b Business, medical, financial, non-profit, professional and sunilar
office buildings,
c) Puhlie Utihties In stall aton ,
d) Commercial par mg lot, and
e Public Buildings and grounds
Further conditions may be required by the Grantee during detailed Site
Plan review and administration of applicable City codes by aH cognizant City
agencies and departments to meet all applicable City code requirements
All references hereinabove to I-1 District and to the requi-rements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date
of approval of this Agreement by City Council, which are by this reference
incorporated herein
The above conchtions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions Such conditions shall
;continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed The conditions,
' however, may be repealed, amended, or vaned by written m tr rnent recorded 1n the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the Grantee in writing
as evidenced by a certified copy of an ordinance or a resolution adopted by the
governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 1 -4 of the Code of Virginia,
1950, as amended Said ordnance or resolution shall be recorded along wrath said
i
3
i
I
instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void
The Grantor covenants and agrees that
(1) The Z nung Administrator of the city of Virginia Beach, Virgirna, 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 nonco phance
with such conditions be remedied, and (b) to bring legal action or suit to insure
comphance with such conditions, mcluding 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 buildmg or occupancy permits as may be
appropriate,
(3) If aggrieved by any decision of the Zoning Admmistrator, made i
i pursuant to these provisions, the Grantor shall petition the governing body for the j
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
PREPARED BY
SAES ROURDON
AUM & IDT P C
f
and the conditions may be made readily available and accessible for public
inspection m the office of the Zoning Administrator and m the Planning Department,
j
j and they shall be recorded in the Clerk's Office of the circuit Court of the City of '
Virgmia Beach, Virginia, and indexed in the names of the Grantor and the Grantee
4
WITNESS the follownng signature and seal
GRANTOR
MICHAEL D SIFEN, INC.,
irg is corporation
f ,
By �=--�►
)
Michael D Sifen, Presaent
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit
The foregoing instrument was acknowledged before me this I�th clay of
November, 2002, by Michael D Sifen, President ofMichael D Sifen, Inc, a Tir nia
corporation
Notary Public
j My Commission Expires August 31, 2006
PREPARED BY
SUES ROURDON
AHERN & IT P
PREPARED BY
U. UOLWOL
1ER ' & LEVY P
WITNESS the following signature and seal
GRANTOR
WILLIAMS HOLDING CORP ,
a Virginia corporation
Y �r le 0'�
(f ,
(f J'a
E R Bowler, President
STATE OF VIRGINIA
j CITY OF VI1 GINIA BEACH, to -wit
(SEAL)
The foregoing instrument was acknowledged before me this I Sth clay of
November, or, 2002, by E R Bowler, President of Wilhams Holding Corp , a Virginia
corporation
Notary Public
My Commission Expires August 31, 2006
I
0
I
PREPARED B
YMiUDON
ARM & LL T Y P
All that certain tract, piece or parcel of land, situated m the City of Virginia Beach,
Virginia, being designated as "Parcel A" containing 6 724 acres as depicted on that
Plat subdividing property of Williams Holding Corp , prepared by Miler -Stephenson,
P C , recorded in the Clerk's Office of the Circuit Court of the City of Virgma. Beach, ,
Virginia, in Map Book 282, at Page 82
I
I
I
I
PIN 1--'70
DNDREZDNE IFEN ENTEF VILLE/ PROFFER
7
Am--- rip r �% Tf i 1 'Ar
m -.-1!
ZONING HISTORY
1 AG-1/AG-2 Agricultural and R-20R-1 o Residential to Conditional R-10
Residential — Granted 897
AG-1 Agricultural to R-5 Residential — Granted 3 19 8
CUP for church — Granted 1 3 and 799
R-3 Residential to R-5 Residential — Granted 2 1 8
CUP for church and school — Granted 2 88 and 8 1 9 and 8 11 98
R- o Residential to B-1 A Neigh borhood Business — Granted 90
Modification of Conditions — Granted 11 2 98
7 R-3 Residential to R-5 Residential Denied 783
Do n one to AG-1/AG-2 Agriculture — Denied 8 27 8
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Royal Court, Inc , a Virginia Corporation — Change of Zoning District
Classification
MEETING G DATE March 25,2003
■ Background
An Ordinance upon Application of Royal Court, Inc, a Virginia Corporation, for a
Change of Zonina District Classification from G-1 Agricultural District, AG-2
Agricultural District and R-20 Residential District to R-D Residential Duplex
District with a PD-H2 Planned Unit Development District Overlay on the north
side of Princess Anne Road, 344 feet west of Crossroads Trail (GPIN 2--
1 1 The proposed zoning to Conditional R-D with PD-1-12 is for residential
land use at a density not to exceed 6 dwelling units per acre The
Comprehensive Plan recommends use of this parcel for residential land use at or
below 3 5 dwelling units per acre said parcel contains 9 963 acres DISTRICT
— PRINCESS ANNE
The purpose of this request is to rezone the property to allow 48 twin houses
(duplex units) to be constructed as a condominium
■ Considerations
The property is vacant and is zoned AG-1 and AG-2 Agricultural Districts and R-
20 Residential District
The properties surrounding the subject site have all been rezoned and/or
developed consistent with the Comprehensive Plan recommendations for density
t 3 5 dwelling units acre or less The neighborhoods to the north and east of the
site were rezoned to R-1 o Residential District in 1984 The neighborhood south
of the site, across Princess Anne Read, was developed with an underlying
zoning of R-o Residential District in the late 1 o's after a downonin to AG-1
and AG-2 was denied Most recently, property to the west of the subject site was
rezoned from AG-1 and AG-2 and R-20 and R-10 to Conditional R-1 0 in 1997
There is a church immediately adjacent to the east of the subject site, which was
granted a conditional use permit in 1989 and again in 1996
The number of units and density requested, 48 units and 4 8 units/acre, is not in
beeping with the Comprehensive Plan recommendations for this area Although
the actual number of buildings shown on the proposed plan would be
substantially the same as the number of buildings allowed with a conventional
Royal Court
Page 2of2
subdivision, the number of households will double The traffic created by the
additional households, even households led by individuals age 55 and over as
the applicant has proffered, will negatively impact Princess Anne Road in this
location This is a limiting factor that cannot be ignored, as this roadway is
severely over capacity and no relief is anticipated until the second half of this
decade
The submitted PD-1-12 plan does not provide substantial public benefits over what
could be gained through development under the existing zoning Staff feels that
a rezoning for a planned community could be supported on this property, but net
in excess of the density recommended by the Comprehensive Plan The
Comprehensive Plan policies do not support the additional density requested in
this location Staff concludes that this request should be denied or substantially
modified to more closely match the specific land use recommendations of the
Comprehensive Plan
Staff recommended mended denial There was opposition to the request
M Recommendations
The Planning Commission passed a motion by a recorded vote of 5-3 with 1
abstention to approve this request
■ Attachments
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action Staff recommends denial Planning Commission recommends
approval
Submitting Department/Agency Planning Departmen
City Manager
ROYAL COURT, INC. # 27
February 12, 2003
0
General Information.
APPLICATION
NUMBER K1 2-21 O-PDH-2002
REQUEST Change of Zoning District Classification from AG-1 Agricultural Distriu,
AG-2 Agricultural District and R-20 Residential District to R-5D
Residential Duplex District with a PD-H2 Planned Unit Development
District Overlay
ADDRESS North side of Princess Anne Road, 344 feet west of Crossroads Trail
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Planning Commission Agenda
February 12, 2003
ROYAL COURT, INC
Page 1
GPIN 2404758161
ELECTION
DISTRICT 7 - PRINCESS ANNE
SITE SIZE 9 963 acres
STAFF
PLANNER Barbara Duke
PURPOSE To rezone the property to allow 48 twin houses (duplex units) to be
constructed as a condominium
APPLICATION The applicant requested a deferral of this item at the January 8, 2003
HISTORY hearing
Mayor Issues:
Degree to which the proposal is in keeping with the intent of the Comprehensive
Plan
0 Degree t0 which the proposal is compatible with surrounding neighborhoods
Degree t0 which the proposal is beneficial and meets the intent 0f the PD-1-12
Plannerl De el pin nt r) tri t
when compared t0 the
development potential under the
existing zoning
Land Use, Zoning, and
Site Characteristics:
Existing Land Use and Zoning
The property is vacant and is zoned AG-
1 and AG-2 Agricultural Districts and R-
20 Residential District
Planning Commission Agenda
February 12, 23
ROYAL COURT, INC 2
Page
Surrounding Land Use and Zonin
North 0 Single-family homes Conditional R-10
Residential District
South 0 Single-family home R- o Residential District
East 0 Church AG-1 and AG-2 Agricultural Districts
and R-20 Residential District
West 0 Single-family homes Conditional R-10
Residential District
Zoning and Land Use Statistics
With Existing The property is split into three zoning categories
Zoning Approximately 6 7 acres is zoned R-20 Residential
District and approximately 3 2 acres is zoned AG-1 and
AG-2 Agricultural Districts
On fi 7 acres zoned R-20 — 6 7 acres x 2 5 units/acre
Sixteen (16) single family dwellings
On 3 2 acres zoned AG-1/ACC- --
One single-family home and/or permitted agricultural
related uses
With On 9 96 acres zoned R-511) with PDH2 Overlay —
Proposed 9 96 x 4 8 units/acre = 48 twin houses (duplex units)
Zoning developed in accordance with the proffered land use
plan
Zoning History
The properties surrounding the subject site have all been rezoned and/or developed
consistent with the Comprehensive Plan recommendations for density at 3 5 dwelling
units acre or less The neighborhoods to the north and east of the site were rezoned to
Planning Commission Agenda
February 12, 2003
ROYAL COURT, INC
Page
R-10 Residential District in 14 The neighborhood south of the site across Princess
Anne Road, was developed with an underlying zoning of R-20 Residential District in the
late 1 o's after a downzoning to AG-1 and AG-2 was denied Most recently, property
to the west of the subject site was rezoned from AG-1 and AG-2 and R-20 and R-10 to
Conditional R-1 0 in 1997 There is a church immediately adjacent to the east of the
subject site, which was granted a conditional use permit in 1989 and again in 1996
Air Installation Compatible Use Zone (AICUZ)
The site is in an AlCUZ of 65-7QdB Ldn surrounding NAS Oceana
Natural Resource and Physical Characteristics
The site is a grassy field with no significant physical characteristics other than a 36 inch
Cedar tree shading a small cemetery mound in the northwest corner of the site The
proposed site plan shows this area to be preserved The only other large tree 1s in the
center of the site and cannot be preserved because it is located in the area of the future
roadway
Public Facilities and Services
Water and Sewer
Water There is a 16 inch water main in Princess Anne Road fronting this
property
Sewer There is a 6 inch sanitary sewer force main in Princess Anne road
south of the median fronting this property
There is an 8 inch sanitary sewer force main in volunteer Trail that
extends through utility easement and abuts the northwest corner of
this property
This development must connect to City water and sewer Sewer
analysis and pump station calculations are required
Transportation
Master Transportation Plan (MTP) /Capital Improvement Program (CIP)
Planning commission Agenda
February 12, 2003
ROYAL COURT, INC # 27
Page
Princess Anne Road in the vicinity of this application is currently a two lane
undivided minor arterial roadway The facility is not identified for upgrade on the
Master Transportation Plan and them is no CIP project listed to improve this facility
Traffic on this section of Princess Anne Road is consistently well over capacity and
the roadway operates at a level of service E
Traffic Calculations
Street Name Present . Present Generated Traffic
Volume I Capacity
24 836 ADT existing Land Use ` 224 •.
Princess Anne Road (2002 counts) 13 100 ADT 3
Proposed Land Use 523 ,
'Average Daily Trips
s defined by 16 single family homes and 3 2 acres agriculture
3 as defined by 48 duplex units
Schools
School
Current
Enrollment
Capacity
Generation ,2
Change
Princess Anne
Elementary
947
928
12
+
Princess Anne
Middle
1511
1615
+ 3
I� ellam Senior HN h
2
1 �8 1+4
■
■ 1 - - - - -
111
■ 1 -
cl IT'iI GiLILI 1 I VVI VOW1 ILQ LI Ili I IUI I PW%-,1 %JI U IGit LI FG UE-,V�iI%JFI 111U1 It ■VIII C;LUU LW LI 1W 7�..1 I J1J1
change represents the difference between generated students under the existing zoning and
under the proposed zoning The number can be positive (additional students) or negative (fewer
students)
Public Safety
Police The applicant is encouraged to contact and work with the
Crime Prevention Off ice within the Police Department for crime
prevention techniques and Came Prevention Through
Environmental Design (OPTED) concepts and strategies as
they pertain to this site
Fire and Fire safety items will be addressed during detailed site plan
Planning Commission Agenda
February 12, 2003
ROYAL COURT, IC # 2
Page
Rescue review
Comprehensive Plan
n the Comprehensive Plan Inapt the subject site is located in an area recommended
for a residential density of 3 5 units/acre or less The subject site is located in the
Courthouse/Sand bridge study Area The Comprehensive Plan text for the
Courthouse/Sand bridge study Area further states "endorse no development proposal
that contributes to strip residential or commercial development, sprawl, or a disorderly
arrangement of uses" p Developing at residential densities that are above the
density an area is planned for can result in urban sprawl
The comprehensive Plan is the City's official policy guiding its physical growth and
development It serves as a guide to the public and private sector by providing a
relatively predictable picture of how land will develop, how public facilities and services
will be provided, how our environment will be protected, how jobs will be attracted, how
open space will be secured, how roads will be improved, how housing will be made
available, and generally what constant guiding principles will be employed to balance
competing interests pg ii The Comprehensive Plan does not address these issues
individually, but presents a coordinated strategy that integrates the approaches into
single philosophy of improvement for the city The uniqueness and health of the various
places of the city cannot be effectively addressed by looking at then only one property
t a time To focus solely on the snapshot of one project and to pick and choose' from
among the Plan's various policies to support that project, as can be done with this and
other similarly situated projects, is a reactionary approach to development The
Comprehensive Plan discourages this approach because it erodes the effectiveness of
the Plan to manage resources over the long term
Summary of Proposal
Site Desi n
• The proposed site plan depicts a central entrance roadway with duplex units on
both sides The roadway continues into the property and forms a circle with units
lined along both the outside and inside of the circle There are 24 buildings
shown on the site plan, each will contain two units
The roadway is 26 feet in width Guest parking is provided in several spots along
the roadway
Planning Commission ion Agenda
February 1, 2003
ROYAL COURT, INC # 2
Page
storrrrwater management pond is shorn in the southeastern corner of the site,
adjacent to the church property
The setbacks for the units shown on the plan are listed in the PD-H2 Land Use
Plan as follows
o Minimum Building setback from Princess Anne Road = 38 feet
o Minimum Building setback from western and northern property lines = 60
feet
o Minimum Building Setback from southern and eastern property lines = 20
feet
o Minimum Front Yard setback from internal roadway =24 feet
o Minimum side Yard setback from internal roadway = 12 feet
o Minimum setback between Buildings = 20 feet
o Minimum setback for arbor or pergola from internal roadway = 5 feet
Each unit will have a small fenced area in the rear of the property The fences
surrounding these individual yard areas are proposed at heights varying from 4 to
feet
• The only property boundary that will have a continuous fence will be the eastern
property line, adjacent to the church The fence along this property line will be
sic feet behind Buildings 18 to 20 and will change to four feet in the area behind
Buildings 21 to 24
Vehicular and Pedestrian Access
0 The applicant is proposing a single access point from Princess Anne Road
• Gravel paths are provided from the internal roadway to the proposed common
area within common green spaces between buildings
• Along the frontage of Princess Anne Road, additional pavement widening as well
s turn lanes will likely be requirements during detailed site plan review due to
the increase in traffic generated by the proposed development
Staff has recommended to the applicant that additional pedestrian access b
provided to the public neighborhood park that adjoins the northeast corner of this
property, however, the applicant has not shown this access on the Land Use
Plan
Planning Commission Agenda
February 12, 2003
ROYAL COURT, INC 7
Page
ozo�*'e
Architectural Desi n
The applicant has provided several different elevations for the buildings Buyers
will choose the design of the individual buildings from these All of the buildings
are two story structures containing two units Each building will have one front -
loading garage unit and one side loading garage unit Each unit will have a two -
car garage Each unit will contain approximately 1,800 square feet
Covered porches at the entryways, varied roof lines and fireplaces are some of
the architectural features shorn on the elevations
The front -loading garages are recessed and do not extend past the front of the
building
• The building materials that are listed as part of the Land Use Plan are as follows
o Premium vinyl simulated cedar shake siding
o Brick
o Premium vinyl siding
o Trim will be aluminum clad
0 30 year dimensional singles will be used
• The Land Use Plan also states that ten (10) of the paired homes (buildings) will
be predominately brick
Landscape and Open Space
• The applicant has provided a forty (40) foot buffer along the northern and
western property lines The buffer is proposed with a mixture of evergreen and
deciduous trees and shrubs
Additional plantings will also be provided within the 20 foot setback areas along
the eastern and southern property lines and along the western property line
behind Buildings 1 and 2
A low white painted brick wall with decorative columns is proposed along the
frontage of Princess Anne Road In front of the wall, there will be a small berm
that will be planted with a mixture of evergreen trees There will also be a small
median with fandscape plantings at the entrance
The applicant has shorn that the existing small cemetery and the existing Cedar
tree in the northwest corner of the site will remain The cemetery is located
Planning Commission Agenda
February 12, 23
ROYAL COURT, INC
Page
between Buildings 13 and 14
common area has been provided in the center of the development Trees will
be planted in this area and along the walkways leading to it
Proffers
PROFFER # 1 In order to better foster a sense of community and achieve
coordinated design and development of the site in terms
of vehicular circulation, parking, landscape buffering, tree
planting, bemiring, building orientation, storm ter
management facilities and open space amenities, the
"COMMUNITY DEVELOPMENT PLAN OF CHELSEA
PLACE for ROYAL COURT, INC ", dated September 1
2002 prepared by John C Sirine and Associates, Ltd ,
which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department
of Planning "Concept Plan" shall be substantially adhered
to
Staff Evaluation This proffer is not acceptable Although there are some
aspects of the concept plan that are noteworthy, the plan
as a whole does not distinguish this corn munit as
substantially higher rn quality of life than a conventional
subdivision The interior landscaping along the roadway
and the storrnwater management area are equivalent to
what would be found in a conventional subdivision open
space requirements within a conventional subdivision are
between % to % of the site versus % of the site under
the P ly-2 overlay guidelines one of the intents of the
PDH-2 g rdefrnes is to create a oommunI y recognized by
its open space amenities The proposed Tarr sloes not
meet this intent The central open space shown on the
proposed plan rs approxima tely 30, 000 square feet or
of the site, the same percentage of open space required in
a conventional subdivision The remainder of the open
space on the plan is within building setbacks or along the
p nmeter of the site, behind the units In a conventional
subdivision these areas would also remain open but would
be considered private }cards instead of c m munit open
Planning Commission Agenda
February 1, 2003
ROYAL COURT, INC
Page
space In addition, there rs no connection to the adjacent
public park The number of units rs double the number
that could be developed under a conventional subdivision
using the underlying zoning of R-20 existing on the site
The additional amenities that are unique to this project and
that world not likely be included in a conventional
subdivision are the Increased landscaping along Princess
Anne Road and penmeter buffer areas These additional
amenities do not offer enough community benefits to offset
the increase in density requested
PROFFER # 2 When the Property is developed, vehicular Ingress and
Egress shall be limited to one (1) entrance from Princess
Anne Road
Staff Evaluation This proffer is acceptable
PROFFER # 3 When the Property is developed, all landscaping and
berming shall substantially adhere to the detailed
landscape plan prepared by SIska Aurand and depicted
on the "OVERALL ALL SITE MASTER PLAN — CHELSEA
PLACE" dated 12 o , which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning
Staff Evaluation This proffer is acceptable
PROFFER # 4 There will be no more than twenty-four (24) residential
buildings, each one being two (2) stories in height, and
containing two (2) dwelling units per buildings The total
number of dwelling units permitted to be constructed an
the Property steall not exceed forty-eight (48) and no
dwelling units shall contain more than three (3) bedrooms
Staff Evaluation This proffer is not acceptable The density requested by
the applicant equates to 4 8 unitslacre and Is not in
keeping with the Comprehensive Plan, which recommends
a maximum of 3 5 unitslacre in this section of the
eourthouselSandbndge Study Area All of the surrounding
neighborhoods have consistently developed at a density of
less than 3 5 unitslacre Princess Anne road in this
location is already operating at a level of service E and is
Planning Commission Agenda
February 12, 2003
ROYAL COURT, INC 2
Page 1
_Lvv-m - _J
severely over capacity No wr enIng or other major
improvements to this road are planned, and Nimmo
Parkway, the roadway designed to provide relief to this
section of Princess Anne Road, is currently not slated for
construction until between 2005 and Zoo
PROFFER # 5 The architectural design of the residential buildings will be
substantially as depicted on the exhibits entitled `Chelsea
Place Elevation A", `Chelsea Place Elevation B", Chelsea
Place Elevation ", Chelsea Place Elevation E", dated
September 12, 2002, which have been exhibited to the
Virginia Beach City Council and area on file with the
Virginia Beach Department of Planning ('Elevations") The
primary exterior building material shall be brick and
synthetic cedar shake siding, and the colors used may
vary from those on the exhibits but all Will be earth tones
Staff Evaluation This proffer is acceptable The buildings matenals listed
are of high duality The etevatrons depict dwelfingrs that
are architecturally compatible with the surrounding single-
family homes In this area It should be noted that the
paired homes would have a larger building footprint than
most of the single family homes in the surrounding area
PROFFER # 6 When the Property is developed, a landscaped entrance
feature shall be constructed with a bricks wall signage
externally illuminated from ground level, decorative
columns and estate style fencing as deputed and
described on the "ENTRY CONCEPT FOR CHELSEA
PLACE ROYAL COURT, INC is, PAGES ONE AND TWO,
DATED September 12, 2002, prepared by Siska Aurand
Landscape Architects, inc , and shall have an appearance
substantially similar to that depicted on the perspective
entitled "ENTRY WALL FOR CHELSEA PLACE'V, dated
September 12, 2002, prepared by Sia Aurand
Landscape Architects, Inc , which have been exhibited to
the Virginia Beach City Council and are on file with the
Virginia Beach Department of Planning `Entrance Plans)
Staff Evaluation This proffer is acceptable The entrance Manned for this
community is aesthetically pleasing
Planning Commission Agenda
February 12, 2003
ROYAL COURT, INC # 27
Page 11
PROFFER # 7 When the Property is developed, the fencing throughout
the community shall be installed in a coordinated manner
by the Developer and governed by the Condominium
Association so that the types of fencing and location of
fences shall be as depicted on the FENCE AND
PLANTING CONCEPT FOR CHELSEA PLACE ROYAL
COURT, INC ", and fie exhibits entitled "30 IN HT
DECORATIVE FENCES FOR CHELSEA PLACE", "4 FT
HT PROPERTY FENCE FOR CHELSEA PLACE}) 1"6 FT
HT PROPERTY FENCE FOR CHELSEA PLACEII 1"4 FT
HT PRIVACY FENCE FOR CHELSEA PLACE!}, "6 FT
HT PRIVACY FENCE FOR CHELSEA PLACE", dated
September 12, 2002, prepared by Siska Aurand
Landscape Architects Inc , Which have been exhibited to
the Virginia beach city Council and are on file With the
Virginia Beach Department of Planning
Staff Evaluation This proffer is acceptable
PROFFER # 8 The Grantor shall record a Declaration of Restrictions
("Deed Restriction") as a condition of Site Plan Approval,
which shall be applicable to the Property The Deed
Restriction shall be enforced by a Condominium
Association, which will be responsible for maintaining the
Property and enforcing the provisions of a Condominium
Declaration governing the Property The Deed Restriction
shall require that every occupied residential unit be
occupied, on a full time basis, by at least one (1) adult
resident over fifty-five (55) years of age The Deed
Restriction shall also prohibit persons under twenty (20)
years of age from residing in any residential unit or units
for more than ninety (90) days in any calendar year
Staff Evaluation This proffer Is aoeptabler however the age restriction
does not mitigate the density issue on this site All of the
surrounding neighborhoods have consIstently developed
at a density of less than 3 5 unitslaore Princess Anne
Road in this location is already operating at a level of
service E and is severely over capacity No widening or
other major improvements to this road are planned, and
l irr mo Parkway, the roadway designed to provide relief t
this section of Princess Anne Road, is currently not slated
Planning Commission Agenda
February 1, 2003
ROYAL COURT, INC 2
Page 1
e� —
rc�
for construction until between 2005 and 2007 In a true
planned comm nd where recreaticnal and commercial
creeds are provided in addition to residential units, ague
restricted units may result in a decrease of vehicle trips on
surrounding main roadways because of the opportunities
to walk or drive to activities and services provided within
the development This project, however, is exclusively
residential, thus, no decrease in traffic due to the ague
restrIctfon proffered Is antfc1pated
City Attorney's The City Attorneys Office has reviewed the proffer
Office agreement dated September 12, 2002, and found it to be
legally sufficient and in acceptable legal form
Evaluation of Request
The request for a rezoning from AG-1 and AG-2 Agricultural District and -20
Residential District to R- D Residential Duplex with PD-H2 Planned Development
Overlay is not acceptable The number of units and density requested, 48 units and 4
units/acre, is not in Keeping with the Comprehensive Plan recommendations for this
area Although the actual number of buildings shown on the proposed plan would be
substantially the same as the number of buildings allowed with a conventional
subdivision, the number of households will double The traffic created by the additional
households, even households led by individuals age 55 and over, will negatively impact
Princess Anne Road in this location This is a limiting factor that cannot be ignored, as
this roadway is severely over capacity and no relief is anticipated until the second half of
this decade
The Comprehensive Plan is the City's official policy guiding its physical growth and
development It serves as a guide to the public and private sector by providing
relatively predictable picture of hover land will develop, hoer public facilities and services
will be provided, hoer our environment will be protected, hover jobs will be attracted, hove
open space will be secured, hove roads will be improved, hover housing will be made
available, and generally what constant guiding principles will be employed to balance
competing interests pg ii The Comprehensive Plan does not address these issues
individually, but presents a coordinated strategy that integrates the approaches into
single philosophy of improvement for the city The Comprehensive Plan tent for the
CourthouseSandbridge Study Area further states "endorse no development proposal
Planning commission Agenda
February 12, 2003
ROYAL COURT, INC
Page 1
that contributes to strip residential or commercial development, sprawl, or a disorderly
arrangement of uses' p 7 Developing at residential densities that are above the
density an area is planned for can result in urban sprawl
The submitted P -H2 plan does not provide substantial public benefits over what could
be gained through development under the existing zoning Staff feels that a rezoning
for a planned community could be supported on this property, but not in excess of the
density recommended by the Comprehensive Plan The Comprehensive Plan policies
do not support the additional density requested in this location Staff concludes that this
request should be denied or substantially modified to more closely match the specific
land use recommendations of the Comprehensive Plan
NOTE Further conditions may be required during the
administration of applicable City Ordinances Pleas
submitted with this rezoning application may require
revision during detailed site plan review to meet all
applicable City Codes
Planning Commission Agenda
February 12, 2003
ROYAL COURT, INC 2
Page 1
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APPLICATION PAGE 4 OF 4
CONDITJONAL REZONING
CITY OF VIRGINIA BEACH
DISCLOSURE STATEMENT
I
4pplicant s Nam RovaI Lour[ Inc a Yl rinia r-or prat tor-
L1ut All Current
Property Owners .ienni fer Brown Estes
Linda Nellie Shell
Yv onre Nora WlL i Lwurth V, V*vbkL Atom
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION list a]I officers of the Corporataon below (A riach ILst ncoes-ar -)
Lf the may owner is a PARTNERSHIP FIRM or other U INC RPORATED ORGAN] LATION list
all Imernbcrs orpartners in the orgLnantion below (An=h list i necessary) I
i
13
I
1
Clerk here if the property ones is NOT a corpoWion parmership firm a other unincorporated
organization
If the applicant is not tha currmt owner of the proparq� complete A 4pplicanr DES cfasurs sec orr W-014
i
APPLicANT DISCLOSURE
If the app I ics nt is a CORPO R T ON Iist all fficers of the Corporation below fAr'ach f(sif neLes-fa rl-)
Donald ksourea Presiden t-/ ecretarv--
I
I
If the applicant is a PARn, MRSHTP FIRM or other UNINCORPORATED ORGANIZATION It%t V1
members or partners in the organization below (Attach liv if necessary)
0 Check here if the applicant is NOT a corporation partnership firm or ether unincorporate xgana -ion
fC ERTM CATI 0 *4 I certify that the information co ntatn e d herein is face a nd acc orate
K01,1 i Cour,-,s. Inc '
Signature I
i inald L Mr ore Fre%idenr
Prim Name
Planning Commission Agenda
February 12, 2003
ROYAL COURT, INC ## 27
Page 29
Item #2.7
Royal Court, Inc
Change of Zoning District Classification
District 7
Princess Anne
February 1 , 2003
REGULAR
Robert Miller The next stern is Item # 7, Roval Court Inc
Donald Horsley Ikon''
Kathy Katsias Mr Chairman, I have to abstain from this due to the business dealings
with the applicant
Ronald Ripley okay
Eddie Bourdon I don t know what happened to our easels
Robert tiller I don t know
Eddie Bourdon I may take that down becaulie. I don t want to obstruct anyone s view of
the PowerPoint For the record, my name is Eddie Bourdon I m a Virginia Beach
attorney and I m here before you tepresentincTRoyal Court Inc , Mr Ikon Moore who i
here with us this afternoon As is Jennifer Brown Estes on behalf of the Brown Family
who owns this piece of propel-ty located on the north side of PrinL Anne Load jut to
the west of the 1 immo church a►i ea First thing I rant to touch on before I gLt into the
view of the presentation, this application has been pending for quite a number of month
We have spent a ton iderable aniOUnt of time over that pet iod. meettncr with the
ourth use/Sandbridore Co-op civic leagues meettn with residents of Southgate and
High acre ro incl and Sandi rida. /Courthouse and they sent representatives from their
civic leagues going ovex this proposal, explaining the proposal This application has been
on your agenda twice previously You're awue that you deterred the la t time for the
purpose of chanaing this to an age restricted community Apparently over the course of
the last three day; f.%ome information was distributed in a Couple cat the neighborhoods rhood by
flyer that Lont tined 111aCLui ate information which precipitated a nu«nber of emails that
have come out of the blue that we ire not deemed previou lv when this application was
on the agenda and when people have been notified We have today have had the
opportunit , to talk to a number of people who came dowry Let s see we talked to
everyone and have gone OVel the proposal and many lets eery pleased But, I wanted to
Put that oUt there because v u all were given paLk,tges of emails this morning that and
quite a east majority of them talked about six unit per acre townhou(;es whiLh this is not
and has not been an application for that tvpe of a use f wanted to get that OUt these We
welcome the opporLunity todw and this is televised and it will be ieplayed to continue the
educational PIOLe �s and we WelLOme the oppc rtunttV as we told the tolks who were here
Item #7
Royal Court Inc
Page 2.
and left that we would be happy to meet with anybody, anytime to review this Proposal
which we are quite proud of The application involve n age -restricted community to be
known as Chelsea Place It is proposed on 1 -acre parcel of pY opeily that is surrounded
WF
y church on our east side and R-10 residential development, single family home
10 000 4square foot lots on north and west side To our north is the Southgate on-Lmunity+
to the wept is the Highgate Crossings ommunity Across Princes Anne load in the
transition area is the Three Oaks Subdivision, which is an R-20 residential Subdivision
The project Chelsea Place is one that has been designed using a New- England rural
architectural thence We have a total of 24 structures buildings on the 1 -acre site Each
of those 2.4 buildings contains two residential units Tholse units again will total 48 units
on the property{ The units have and vou got elevations you got packages, I think you all
have that we provided to eves }rune through the Planning Department the architectural
appearance of the elevations is very attractive They Ye two story units They contain
between 2 000-2,,300 square feet of living space Each unit has downstairs master suite
and a two -car garage It s design so the buildings appear to he single -fay ilv homes
There is onlv one garage per building that tace the internal reads within this
condominium and that's important This is a condominium pro ertv as well The other
two garage space Lace internally so vu don t see them from the road There s a road
coming in off of Princess Anne Board ios a loop road through the project And we have
w here the We loading dri vewairs are we have a %erg# detailed plan that includes
hedgerows or fencek, In Nsome places hedges and in some places tenLes and them s a
very very detailed plan which you all hive and the staff have which screen the parlung
area in front of the garage doom on the side loading garage doors That s an excellent
part of this plan It s just a detail and Don as most of{ou now r an award- �finnin�
builder 1n this community He s done some projects that have gotten awaids from th1
Planning Department as well as. horn the Tidewater Builder Association 4 he trontage
along Princess Anne Road is exceptional One that he s de lgn .d along that frontage and
I think your staff has noted that and noted that s something would cleariv not be
replicated in a Angle -faintly residential development on this pJecc cat plopertV You got a
painted brick wall along the frontage with extensive landcarping on the roadside of that
wall and then there are div stack stone accents that would be reminiscent of i stone tarrn
tield wall in New England cis well as there are gold leaf accents on the side itself and
thete is a gate featuic The gate does not close but to cyiv the appearance that it would b
tl-
a gated Lommunit ' but the g ites are permanently+ locked open nothing that would able to
be cloyed The Project involves extensive green area alona the e-istern side of the
property{ where v u got the '1P and landscaping buffer adjacent to the church parking
tot and the area closest to Princers Anne Road l We got a 0-foot landscaped and bernned
buffer along both the north and wet props rt + lines a lj Lent to 143outh Gate and adjacent to
Highgate roNiNing hind each unit there is i %.-mall fenced in cc urtvard area and again
all the fencing types,, all very detailed plans I know that staff would tell that is the best
part of the plan that their t hi n k i certainly attr ietive and no objection to the archIWcture
and the way its been laid out in terms of the fencing and what have you I hat area of
buffer is well over an aLre of land and that is one of the things that v not really pointed
out in one point of the staff s write up where thev talked abOLIt open space You got a
center green here with walkwav, trellis att.n and benche&s and paths going odors here
Item #7
Royal Court Inc
Page 3
We've also left an open area here where there's one of the two trees with the property
will remain and there are some grave sites there that will remain and will provide parking
there Some of the guest parking is In front of the area of the property as well And we
have provided guest parking throughout the community Along the churches parking lot
e do have fencing in that area right in here Overall the 52 percent of the site is open
space and than is area outside the footprints of the home and the road that circles around
through the project The price points of these units are $250 000 per unit You re
looking at basically 24 half million dollar to maybe as S600 000 buildinors Again, age
restricted You must have someone 55 years or older in the unit and no one under the age
of 20 can reside in the unit for more than 90 days during a calendar year it's the same
restriction that exists on the residential developments at the Villages at west Neck and
the Signature golf course that it Foster has done and enjoved fantastic success with
This precludes there being children living in this community who will be educated in the
schools in the area Iiof+, again on a teniporary basis there night be for a matter of
weeks a planned child or something like that livinor there but anyone buying here will not
he someone who has childien living to the home And that s a very ver + important part
of this application The sense of community that we think this creates is tanta tic and we
know there IS a demand for it 1n the area The area is very developed all around as vou
see on the aerial photographs This is the last inlill piece that remains to the arLd It
also interesting to note that this property is I fight at the point where Princess Anne Toad
has lour lanes from here heading east and north This is where the road comt's down to
only being a two-lane road And, it is undeniable that the area from here heading over to
where we are today at the Courthouse there is a traffic issue that exists today That s not
to suety that there s not traffic concerns here but thev are far leis than they we in this area
We all know that Nimmo Parkwav when it is built and this is not the part that %
controveisial This part is not going to Sandbrldge The traffic problem prinLipa�lly� 1
pass through traffic And it certainl r does exist in this area where Princess Anne load
corner down to two -lanes When this IS built and is in the CIP the significant amount of
traffic that passes through here today will clearly use this Nimmo Parkway L% opposed to
Princess Anne load But because this is right at the beginning of the farthest that's four
lames that is important And the reason I think it is important is we provide each one of
you with a traffic report And, I think this morning in your informal I think you heard
pretty{ clearly that there l an issue involving this application is one of traffic And we
believe and we re quite certain of this that it vou develop this property at 3 5 units per
acre - 10 as it i s around this developed you will create far greater tiatfic Our tratfis
report that was done by Intermode Transportation has estimated the traffic OLnerated by
this proposed development with the age restriction in place would be 240 vehicle trips per
day{ On the other hand, if you developed the property at vour tvpica1 familv residential
three to tour bedioom hone VOLir traffic generation per day{ is 394 trips, pet day. w
why v,, that -' There are a Louple of reasons The primar f reason is that v u have in these
units your average number of people hying in eaLh unit Is, slightly less than two where
cis, in a typical single family residential and we re talking about -average the average i
between three and halt and tour persons living in each dwelling We re proposing 48
dwellin cys versus dwell ings under an 1 -10 zoning That's 13 more units but the total
number of people likely to be living In the 1 more units, a total of 4 unit i tar less 35
Item #2.7
Royal Court Inc
Page 4
percent less than if you had your typical single family residential development And, it i
the children and a significant part of it is in fact the children living there create more of a
need for trips during pear hours The school age children generated bar this development
and were done in a R- to development around 40 with this is zero And it s very
important when you look at wheie those children would go to Pschool Those children
would go to school at Princess Anne Elementary Princess Anne "Aiddle and Kellam
High School All of those schools ale heated to the west of this property down the
portion of Piincess Anne Road that is most severel { impacted And, something that i
essential to be recognized that it you develop this prop rt y as a tongle tanuly residential
property R- to zoning, you re going to create more u aftic andyou're going to create more
traffic in the direction that the road can least bare it And, this is all temporary We all
recognize that is a tempoiary situation not a permanent situation Staff has indicated to
you this morning that unlike the Villages of West Deck, where it was recognized that
traffic generation by age restriction communities is significant or less then will be the
case in a tvplcal residential coinmunity of single farmlly homes because there no
commercial component 1n this project ��fhere om one would be Bible to walk to and not
go out to meet their needs that eliminateN that savings, Well. I would bed to differ I
wouldn't disagree entirely I think there may be come lessening of the benefit as opposed
to the Villages of west Neck whether there s a con-Lniercial component included within
that but not an elimination of it And because iemember single larnily folks szet all the
salve thing and have to take their children to hall practices to all school activities etc
which you do not have with this tvpe of project So I reallv don t believe its even
arguable that this t {pe of a development With these iestrictions in place would produce
more traffic than a vingle familv reidenti it R-10 zoning on this piece of property 1 just
don t believe that's. the case Even if you do say{ that the fiGUies. our traffic encrineer have
come up with. which I think are very much defendable and justifiable because those
wren t 50 percent either because che's alreadv taken that into account I don't think vou
can cone up to c,onc.lu ion that we have a situation here that prodULes more traffic I
don t believe it to be the Lae The fact th it theiNe units will be we restricted we already
see in our C itv there was a st Lid v done a► few veai s ago and I can t remember the n ime
off the top of my head about the economic benefits of development for seniors and this
clearly meets that criteria as a condominlLini project, high value homes It s an economic
positive itiv ou have all this area that s maintained Versus single-family home where it's
fence to fence on either side of the ptoject Everyone has. then yards fenced in and VOLI
don t have ins{ where near the beauty that s being created bar this along Princets Anne
Road and throughout the corn munitv that we propoNe on this piece of properi v The
benefits of the project we thinly are readilv apparent We would t ike issue with the
notion that we haven t provided open space amenities sufficient to wwrant a PD-H plan
approv it Again, we got park, land and butter area on this property and the area where
the cemetery is that is in a (,ess of two acres on this t 0-acre pare el and the rest of the area
and that, close to tour including the area along the churLh parking lot along I1'rineek'
Anne Road And all the rest of the areas are open and landscaped with the e t,eption of
this small fenced in courtvard behind the houses, The houses themselves are 60 feet from
the ro ei-ty line along Hiahoate Crossing and along the bOLindary with Southgate And.
they ale two store attractive, not tall buildingts where �ou i looking at onieone fence
I to ire
Royal Court, Inc
Pacre
with the setback and the landscaping there won't be and{ impact on and{ of the adjoining
property owners There is a question and there is a statement in there about the fact that
we did not provide path going to an existing City park up in the corner ofthe property
on the Southgate side That certainly can be done But, we don't feel that either the
residentresidentk, of Southgate or the residents of this community that will necessarily he a
beneficial thing We certainly are not completely foreclosing that a an option or an
opportunity but it. wan t thought on wham we're trying to create here and its distinction
from what s here in Southgate that necessarily was going Lo be a positive If down the
road it the folks at Southgate or our residents or we believe in our marketing that's a
good thing we can do that but we don t believe that s necessarily going to be a benefit
for either of the two communities not that we necessarily thinly they need to be segrecrated
trom each other with that again# tratfic is the issue We think we ve addressed that, not
completely but I would point out that we got a senior housing facility A different type of
facility that the Catholic Diocese has less than a half a mile up Princess Anne where it
turns into General Booth at London Bridge and General Booth in this same area which i
much higher derisav As an Yntergeneratronal community; and �%,hat we re trying to
achieve under our Comprehensive Plan I think that this fits eery well 1n this area It
omething that is needed and would he a benefit to the community I 11 be happy to
answer any questions that vou all have
Ronald Ripley Thank you Eddie We have a question from Don
Donald Horsley Go over the open space where did you say the cominunitv open space
IS`'
Eddie Bourdon we got 30,000 square feet of open space in this area through here All
of it is open except these little areas that are fenced in behind here This area is open rind
along here This 0-toot bemired landscaped buftei all the way around is all open and then
the area 1n here where there is a large tree and a couple of grave sites that remains open
And, ale. ng here your g et a fence This i not open this one, section that adjacent to the
parking lot behind those units The amount I would call continuous open space and you
got a lot of it out here on the road frontage You add all of it together you got about four
acres of continuous and then you got the smaller areas that get it to over 52 percent and
that s in the package Fifty-two peii ent of the site is not incorpoi ated within the building
envelopes and the roadways parkincr an i fenced in areas And �ou oot the inn rmatlon
that we provided in the package I think 111 point you to the page
William Din Eddie I
Eddie Bourdon Yes sir
William Din I don t think we got that package
Robert Miller we got it is t month
Item #27
Royal Court, Inc
Page
William Din Okay
Donald Horsley Okay
Ronald Ripley You got a traffic study in there
Eddie Bourdon I passed out the traffic study tod v When you carve back from lunch
you should have had the traffic study in front of you I' m sorry I thought you cill had
these pa kges from last month
Robert '- i1ler We didn t het the traffic stud}
Eddie Bourdon You didn t get the traffic study"
Ronald Ripley No I didn t gee it
William Din There was a traffic study in our report
Robert Miller We didn t get yours
Eddie Bourdon I put those in front of evervone s seat at about quarter to twelve
Robert Miller Sornebodv picked then up and decided they were eery valuable We 11
use them on another appliLation I put my stuff in here first and there was nothing in
here
Eddie Bourdon That's amazing I put one in tront of verrne' seat
Robert Miller You Violated some kind of security issue
Eddie Bourdon I must have done something that violated some kind of security issue
Robert Miller Security It's ill about security
Ronald Ripley{ Okay
Eddie Bourdon Alright I apologize I thought you have gotten them when rou came
in
Ronald Ripley okay;. We have some other speakers
Robert Miller We have some other speakers Leslie Pomeroy was here and was going
to be in opposition but evidentl + you spoke with her and decided she was in Support
She's from Highgate Crossing Hoi� eown r� A ociation which i the adjaCLrlt
Item #'7
Royal Court, Inc
Page 7
Ye idential neighborhood John Gilrov was here and ��fa opposed and i now to support
and also with Highgate Homeowners A ociation Maxine Graham
Maxine Graham Good afternoon
Ronald Ripley Good afternoon
Maxine Graham I think a lot of you recognize me I'm from Sandbridge
Ronald R1ple+ I recall you were here for that church up there
Maxine Graham Thank you for this opportunity I'll try to be as brief as poksible You
had a long day I'm here to speak on behalf of this application I think it's beautiful I
think its location It s a vY ' appropriate use for this puce of property and that it lends
itself to the people that will be corning in and many are already there on Princess Anne
Road with the Sentara new medical facility which is not that far away Meanwhile you
got all of this educational over there I way really' a little upset and I ve even talked to
Mr Moore about this -age limit I think it s maybe a little di criminator { to Shut out
people who would be professional and careeI people and I aria t nurse of 56 vears as well
as realtor for two states for 37 And I think this would be a wonderful location for
people who would be in college teachers schools, nurses, what have you And when
you get into 200,000 plus, quality homes and that down t really+ doesn't include much
land You re talking about duality I m very proud to say two things, First cat all Mr
Moore didn t know I was going to be here And, I wasn t asked to be here 1 m here can
My OWD Prim rely clue to the fa .t that I live 1n one of Nit Moore s Crescent Condos
across fY om I *immo ss church And, I never meet a stranger and there s about a 100 sold
and about 2 left to go and I think it may shock you all to know that when I bought mine
1n October'. 199 1, I paid Soo 419 In that same unit model now' today el ling for a
$164,900 And being still My lic,enNe is inactiVe I m still out there doing what I ve been
doing for 37 years I just tool rr y license from referral to GSH but if you re i.oncerned
primarily between the impact on the ttaf f L fl W I stay on top of all this just like I still am
eas ning a living And. I called Engineering f i suppose to be online The City{
`�'
Council just Tuesday agreed to vote on the Transition re the of this month and the
Cite Council will be voting on Ferrell Parkway in March and Vou re looking at one of the
primes v people that got sand sewei. water and fighting like it was mv life on the line to
get Ferrell Parkway These are roads that will alleviateand glee some relief to any
impact of traffic Furthermore these homes are beautiful They don't even look like what
they are labeled And,, you all know better than I do even though I have been doing this
for 7 vearN vou're going t have 1IM S evervw here you go I think I vc said dust
about enough And 111 be happy to an wet any{ questions that you might have of me
One last thing here and you talked about open pace Don t overlook the tact that vour
open space which is created by the parking lot for the church is not going to have cars
there seven days a week or 24 hours a day I lived out here in Sandbridge for 37 vears. 1
remember when it was a strawberry farin They sold fresh eggs down here on London
Bridge Road and Strawbridge w is Strawbridge F� ell o I know the hl for of this are i
Item #2.7
Royal Court Inc
Pale 8
maybe a lot better than some of you on this Commission But with the most humble and
deepest respect I would ask for you to approve this and do not impose that 55
requirement I Ve already talked to some people and 1ncidentallV I was reads, to speak in
January and I Ve had this book and I've been passing it around in the Crescent Condos
and there hasn't been one out of 12-15 people that ha n t been in support ofii
Ronald Ripley Okay
Maxine Graham Mr Moore is a tine builder and I can tell you one thing I wouldn t
take a million dollars for my place I think I died and went to heaven
Ronald Ripley That's good appreciation there Thank you Ms Graham
Maxine Graham Thank you
Robert Miller Who knows how many more units Mr Moore just sold William Ahearn
was here to speak in opposition Hip concern was trafIie He had to leave Bernard
Byrne
Bernard Byrne Thank you Mr Chairman and membtrs. of the Planning Commission
My name is Bernard Byrne I live at 2728 Esplanade Court which is the Foxfire
neighborhood I airs reluctant) - opposing thif,, development proposal I think that the
desire to piovide upscale senior housing is good The only+ problem is that there are two
many units The plan calls for 48 townhouses, 4 8 per icre whiLh greatly exceeds the
Comprehensive Plan limit of 3 5 per acre Now pointed out in the staff repoxt Princess
Anne Road is a two lane road that is curiently well over capacity It operatec. at a level of
ei- Yice E and it's getting wortse each day a more homes are developed along that Stret.0
of road And there s no relief in sight The Ntretch of Nirr mo Parkway Phase V I think
it s called between Holland road and General Booth is now pioJected to he maybe oo-
0 I've been here since 1994 and all the vtark, that I ve been here it's been on the map
and it was going to happen about three or four years froin now each year the same kind
of -story Now I m not trvin to blame that on anyone including this developer but that ik,
something to keep in mind If that stretch of road was 1n that Nimmo ParkN,%,av stretch of
Road was in Princess Anne Road would not be at Seivi e Level E right now and this
proposal might make more sense What I d like to point out j just because this
development is limited to seniors does not mean the trattic impact will be minimal
You re talking about $2.50 00o un ItS I think that most seniorv, buving these homes w i h
be healthy acid actixe Thev have two car garages and if there are two people )IN -In there
most of them will have two cats On my street where I live we have three retired couple
including my elt We all hive two cars I m here today and my wife ik, ome vhere else
And, it happens all the time I dory t think you can compare apple and Franc bec.au*%e
there i senior housing and there is senior housing The Sullivan House is full of low+-
inLOme people There are Very. toW cars there because the residents don t have enough
money to a told a cat There people are croina to be able to huv a car and Iny experience
with,,;eniots my aue and condition are that we have cai so �e can get to where we want
Item #27
Royal Court Inc
Page
to get do what wc want to do It s unfortunate that the traffic situation is the real problem
with this development but that is a reality And, I think at, long as we have
Comprehensive Plan in place it s very important to support it You re now w+orl rig on a
new plan when that plan gets put into effect and Nimmo Park av, Phase V or whatever
it 1s in place, perhaps it will different development rules But until we have something in
hand I don't see why we can ju tlfv taking a bad traffic situation and deliberately making
it worse So I don t think we should
Donald Ripley Ok v Any questions" Could I ask you a question -I
Bernard Byrne Yes
Ronald Ripley And I haven t had a chance to studv this traffic report that was handed to
me but there s a statement in here and we're talking about senior% and driving and I think
your paint is well made You need a car to get around But it's noted in here that an
elderly restricted development such as Chelsea Place that r anv of the residents will be
retired and plan their trips outside normal morning and afternoon peak hours Do you
find that to be genet ally true r not-'
Bernard Byrne I think that s partially true I don t deliberately go out with the morning
rush or totally plan my day to come back with the eveninar rush but I do get caught 1n it
sometimes and the ether thing that I ve heard that many of my senior neighbois complain
about is during the middle of the day they say where is all this traffic conung from well
besides us seniors there are other people out on the road, delivery trucks and you name it
And, so I think part of the problem is that I believe and I rn sure, Mr Bouidc n
consultants acted in good fizth and gave you numbers but I don t know how 1hev drew
model You know you can possibly,. select a 100 different conilnUnities and come up
with and maybe not 100 different answers but probably four or tive different answer's and
I )ut don't want to count can all these people staying hone a lot when the property
develops o we don t get the trath. problems on Princess Anne Road
Donald Riplev Thank you eery much
Bernard Byrne You re welcome
Robert Miller Next speaker is Larry Kernodl
Larry Kernodle Mr Chairman and members of the Commission My name is Larry
Kernodk, I live at Shingle wood way and the Three oaks Subdivision I ran also
here representing on the Board of Directois for the Three oaks, Subdivl% ton and I m here
representing the Horneownets Association i also have another bowd member herewith
me There is great opposition to this project in Three oaks I know the traffic ikssue i
what you hear the mot of but it s the high dery ltv I ve been a homeowner in Virginia
Beach since 1979 and f mox-ed to Southem Virginia Beach to get awa from the
townhouses the cluster houses and the apartment complexes I hope you would tape into
Item #27
Royal Court, Inc
Page 10
con ideiati n that this many homes clustered together on this tight lot that s across 1r rn
our neighborhood that it's just a bad situation There are four neighborhoods surrounding
this pieLe of property It s Three oaks Highgate Greens, Highgate Crossing and
Southgate I have talked i t homeowners �n Southgate Highgate Green and H12hgate
%-
Crossing and of coux e our own neighborhood And there is great opposition for putting
clustered Moines in cin area where it's only Angle -family hones on all four sides And, if
you approve this then v u re doing to have this cluster in the middle of al l thcse nice
single-famil . home And I m not sure if the people of our neighborhood did the em id
correctly are putting their names on there correctlayfbe we noticed the sign late but
1 rn not sure how long this projects been going on but I ve notice the sign only{ 30 dad►%
ago ind we tried to have a meeting and get the ball r llin on opposition I'm not %ure I
understand the 55 age limit because I m a new father and I calculate that I m going to
have my little daughter to Virginia Beach Public Schools until I i f age o I don t
knom. if you re say i nor these homeowners can t haie any children who cire Iivi no there I
that constitutional' I don t know
Ronald Ripley{ It i%
Larry{ Kernodle And so the big thing w would rather look at an eMpLY lot over there
then cluster housing when you have nice hones on all four sides of this I don t know
what more I can say The traffic we all know is an issue And it v% very hard getting in
and out of the neighborhoods that are there now But the big issue is lets not ruin
Southern Virginia Beach and put cluster hones in with nice tngle family homes on all
tour sides when it down t conform And like I said we have a great opposition mounting
over there Halt the people don't notice there signs Thev don t c al! and then they+ get
mad later and once we Mart telling our neighborhood what that conditional zoning sign
meant they throw their hands up in the air and sav, wow. what is the Planning
Commission what s the Cif r doing to Southein Virginia Beach' Please don t allow this
to happen And I don't know if vou have any questions but we ie really{ against 1t
Ronald Riple f We do have a question
Robert t filler Would you be opposed to R- to ie oning on that wine Piece of land
which would be the to 000 square foot lots which are down at Highgate CroNsinc, s next
door
Larry Kernodle What's that equal per acre"
Robert Miller Well I guess the units per acre or something like that
Larry Kernodle The hoard at Three oaks were all in agreement that we would accept the
homes per acre but single tamil f hones not a cluster borne or what have �ou, but
please pep it single f m iI k, because ou can c ill it duplex home tc w n homes but you
know it's a cluster home and it s going to ruin our neighborhood out there This i a nice
part of Virginia Beach and I just hate to see it Mart ruining 1t
Item #
Royal Court, Inc
Page 11
Ronald Ripley Any other questions" Thank you for corning down
Larry Kernodle Thank vou.
of
Ronald Ripley Any other speakers" Mr Bourdon'
Eddie Bourdon I wish I had kept the flyer that one of the gentleman showed me and I
guess we now know where that flyer generated We would be very happy to rneet with
the folks at Three Oaks The representative of the community was at a couple of the
meeting we had with the coalition and the idea that this has turned into something we re
talk-ing about clustered homes and townhouses and things like that sic units per acre
and impact on schools and roads which was in this flyer It s sad Reasonable people can
disagree but hopefully disagree based on the facts and not on sending out information that
was totally erroneous Those things happen and we want to move on We want the
cormunity to under tand because we to proud of what is being proposed hers. We re
not doubling density here We're not doing like the Village ofWest NeLk That was
situation two -units versus one unit per acre because the traffic was determined to be
Youghly halfWe're talking about a difference in unit counts of 13 units 27 percent
above and not of doubling by any{ stretch And, with the age restrictions and with the
lack of school children, with the clear economic benefits of these half million dollar
buildings to $boo 000 buildings that have the appearance ofone house The units are one
and half stories as the appearance together of a two story with only one bedroom upstairs
in each ot these beautitul homes We think it s clearly a situation which would be ar
better scenario both for the Citv from an economic standpoint with a L.ondo acid no
ervices and that has to be provided as far as maintaining the roads etc then would be R-
lo single tanuly homes where you would have children to educate whin over 40 would be
the nun ber All of those children would go to Priniess Arne Elementary Princess
Middle or Kellam High School All of those would have to go west of this %ite on the
two-lane section of Princess Anne Foal until another three or four vears by and
I ammo Parkwav would be open and we won't have the traffic is -sue It s interesting too
that on the same agenda today a very beautiful apartment complex was recommended for
approval That 1s also in this area less than a mile aWdV on a piece of plop rtv zoned B-
Thete are differences If the gentleman said we don t want apartments We don't want
this but all we want are single-family hones in this area I think our Comprehensive Plan
looks to ti v to create some diversity in housing and no way does this impact ne ati elv
upon theproperty valu ss of those people who live -iround this pzoposal I have also for
F
you as a further showing of the qu ility that Mr Moore does this is just four of his
projects that in showing when thev were built the original sales prices versus current
market value prices and these are not the Nance type of buildings that we re talking about
here but there s tremendous growth in the Value which shows what is being built into the
projects that Lion has done I will pass the e around to evervbodv I appreciate all the
other speakers I am eery very happy to and would be glad to i neet with the people art
Three oar who have expressed concerns toi no other reason but to make sure that their
clearly understand, as we know the representative who came to earlier meetings
understood what was being proposed It is not townhouses It s not six units per acre
Item #2.7
Royal Court Inc
Page 12
And it clearly an age- restricted community I 11 be happy to answer any questions that
any of you may have
Ronald Ripley Any questions9 Charlie
Charlie Salle' Eddie, you probably said it and I probably missed it reading something
The coalition of LIVIC leagues that pretty well polices a lot ofdevelopment in this area,
what was their stand9 Did they take a stand`s
Eddie Bourdon They generally try not to take a stand They leave it to the communities
that adjoin it unlevs they have a strong feeling In fact I did talk to Glen Painter again
last week and Glen stated to me that the meetings were very pleased Evervone at the
meeting was pleased He had absolutely nothing from anybod �f indicating any heartburn
about it And, they knew and we told them well before last month we told there that we
were going to age restricted Bruce we clone that he heard nothing negative w hatsoevc i.
from anybody This popped it the 1 I1h !Hour but again I ve always had some concerns
with the tact hove intormation was passed try the representatives who come to these
meetings to the people in the neighborhoods And, we generally aren t invited not
di invited but there aren t meetings set up for us to go individual civic leagues Don did
go to Southgate and met with the people and sent out flyers, and had theirs cone to
meenn With those that were adjoining this property and the same xvith Highgate
Crossings We will be glad to attend I would welcome the opportunity to attend I know
that not necessarily everyone would agree with the proposition bLlt be happy to attend a
meeting of Three oaks or any{ ofthe other i ommuniti s out there So we can inake sure
that we are all going tiom the same base of information Again � xne people may
disagree Mr Kernodle MdY Lertainly disagree but I think it s important to the process
that everybody understand what is bung proposed and that we not get into hvsterics
which some of those emads I think represent becauese a fl ver was writ out that says, you
know oppose a rezoning for townhouses, sic unity per aei e which is not what this
application i
Donald Ripley I think Mi 'Miller has a question
Robert Miller Mr Bourdon With your proposal to meet with the community would
you entertain a deferral
Eddie Bourdon well, we ve been through this for months
Robert !biller I m just trying t understand your statement or do you just prefer to do
that between now and Council
Eddie Bourdon I would prefer to do that since we've gone to great lengths to meet with
all the communlLies for months I don t think that a deterral and the families here have
been waiting pa►tienbl ! I would propose to do it between now and Cite Council I would
also sad howevei that because of travel plans that my fam lv hak,, this will not go to
Item ##7
Royal Court Ins.
Page 13
Council before the fourth Tuesday in March So, there, is plenty of time for that to take
place because I can t attend the SeLond Tue dary in March There is plenty oftime for
that to happen
Ronald Ripley I think Will has a question
William Din I appreciate your information on the history of the values of th ,
cornmunitie that have been built here lout I'm not sure that I'm totally convinced our
staff yet that the qua hty is there And the service of the Princess Anne Road is still
service E I kind ofagree WILh the stcitements that age 55 people are driving I m 55 and
I still drive a lot There will he a lot of driving and whether there are kids In these units
r not. there will still be a lot of traffic going both directions there
Eddie Bourdon Will if I could We are not suggesting that there will not be traffic
And, we have not suggested that there would be minimal traffic what we have clearly
suggested and I think it s clearly been recognized both by the &staff on plevIOLI
applications and with the information that we provided is that the trattic impact is 1t you
compare this development to ar - 10 development will not result in any i nc rea a in traffic
over the R-10 development in our opinion will be a decrease in traffic. we also don t
believe anywhere in the write up or any point that staff has indicated that there s a lack of
quality{ in what is being proposed here from the development standpoint The issue and I
don't want to speak for staff but I don t the report can be read any other way is, that It s a
question of the number of units and the number of units in their mind creates more traffic
I don t thin there s been a statement from the staff that they don t thinly this 1k, a quality
piopo al in terms of the development aspects of it
William Din Well, the staff evaluation on the proffer one It save, It does not distinguish
this community as substantiallv higher in quality of life than the conventional
subdivision what fire referring to here Okay So the SlatelnCDT is there As with the
previous application that you referenced over on the apartments I think we appreciate the
diverse housing unity I think we approved that because it was diverse I think I
mentioned that I think this diversity in this area would be gaud too I don t ratally agree
that all single unity in this area either And, 1 think you're correct Eveiv irea needs a
diverse type of housing And. housing for 55 and older is nice But I tend to Ire with
the staff has written in here that to increase the den itv that you're asking for I think there
has to be substantial higher quality then what we re seeing here And I don t know It
you showed that to the staff by the statement Have you gone into the type of mat i ial
that you're using-'
Eddie Bourdon The type of materials has been provided to staff and we re talking brick
and %,inyl shake siding on the buildings We got all the renew have been depicted in
terms of their materials and their style It s an exceptionally detailed plan that has been
provided and again I think that statt s issue boils down to the number of units and their
desire to he fewer units on the property Again I don't beheNe in all the meetings that
we ve had there hay never been anv comment to Us that these unit aicn t high enough
Item
Royal Court, Inc
Page 14
quality That has never been part of the dialogue It s the number and the impact that
creates on traffic from the way they have perceived it Arid, those discussions regarding
the quality predated our determination to go age restricted And it is the age restricted
into the equation that we think turns the application a different direction then it was
before it was age restricted So, again, Fin repeating myself but the age restricted aspect
and the small number of the additional units on a percentage basis weiust don t belleve
there's any strong argument to b made that � r c,oing to have more traffic generated
on this development as would be the Lase with a single fancily iesidential deVLlopment
Ronald Ripley Bob Miller then Charlie Salle`
Robert Miller 'Vie{ feeling is that we re talking about the traffic i%sue and nobody is
going to chancyPrinces Anne load in that area as everyone has understood and stated
from both sides and from every side that we could think of I don t think that situation
changes The single-family houses and the facts are they will be on public streets Thev
will have school children and I m certainly not against school children but they will
school children There will be school buses coming and going through that cO muMnity in
ordei to service that There would be trash pick up conurig and goine through that
community which would not be in a private communitv And I think the issue in
regards to traffic I ni still just somewhat struck The consultant comes back with the
statements that it's about 50 percent traffic for seniors based on national information and
we stand here and there are certainly questions about which seniors did thev talc to and I
don t know which ones they tallied to U R I and other people put together infoi matron
that s based on hopef u11 v a very bi oad concept of making sure that we undei stand when
we loop at numbers that they are representative of the group they' have identified and
wFe're talking about Even if its not quite 50 percent it it s 70 percent or somewhere in
that range it s still is sub tantially less than what the single family would generate from
our own knowledge of that And, I m stuck right there I think the product is a good
quality product I don t have anv doubt about it I think the use of this product in this
location at this time is something that is appealing to me And it is €xp ealing and not
because of an%ahing that 1t does to traffic fic but it has with the age iestrictlori I think it has
the i i ht note, And fir Bourdon referred to the Villages of West Neck and the success
of that project There %% something to be said to the fact that this what iriany OUr citizens
want communities that are set Lip that are somewhat set up and restricted so they can h ive
in their perception that quality of cite WhILh has something to do with again with what
they are looking for in a coinmunit . and in a house I think they loop life sinolL-family
homes I don t think it you drive through there you re going to feel like you ie driving
through anything else That word cluster just doesn t come to mind so I in in support
and I feel life the open spate concept again, all of the things that I ht,ard that were
emphasized appeal to ine and particularly the fact that I do not believe this in anv wv
shape of torm presents the same is u s tratiic wi ce that we would see with R-10 zoning I
think R-10 zoning would create even more issues then what we could have in this
community
Ronald Ripley Charlie
Item #7
Royal Court Inc
Page 15
Charlie Salle I'm going to support the application and I think what turns ripe in that
direction 1s the age restrictive aspect of the application Because I look at this in the
Comprehensive Plan calls for 3 5 units per acre and then in order to deviate from that I
thinly we have to find somethinu LOmpelling about the application that would justify
going to the increased density And in my case I find that the addition ofthe ale.
restrictive aspect of the development addN that dimension to it which I think allows me to
go against the strict 15 unitos per acre that S Set out in the Comprehensive Plan we all
recognize the Comprehensive Plan is a plan but, it is a tool that we don t deviate from
lightly and but I believe in thi case that the application has really turned around into
something new with the age restriction that didn t exist when it was originally put forth
and o I can find myself supporting it now and I would not have before So that's, m
feeling in terms
Ronald Ripley Lon
Donald Horsley I kind of echo with what Charlie said You know the age rLstrictlon
the lack of strain on City n;ie with schools, with trash pickup and these thinor I
think 1t s a good amenav and even it it is encircled b { single-family homes I think that
makes it stands out that much more It is a traffic issue but I Mill believe Chart we re better
off here then we would be with the 3 5 so I'm prepared to support the application
Ronald Riplev I also support the application I think for the reasons that hale been
stated here but also my experiences we manage for 55 plug older apartment communities
And what I Ve found is that you really don't find 55 You find people older than 55
beL.aue of that restriction I wouldn t quality I m 53 and I have a child that would be
trip me out of thi particular market because I wouldn't be permitted to be there for that
reason So, I think for the bulls of the market but the bilk of the market is going to push
you a little higher age in Vour thinking here but there s a market for it Apparently we re
seeing in the Village of West Neck we re seeing a big demand tot this and in fact down
in the Village of west Neck in that part1LUlai application 1f I recall it was approved on
traffic coLxnts significantly lower than what is in the report here And, also was approved
on no impau on schools and this report is suggesting they are impact on schools I would
dif ter on that I think But what turned rise ilso,, I wap., strugglinc.r with the d nsitv The
number of structures maybe the lot coves age is greatei but the number of structures 1
probably less I thinly than it it we[e approved under a -10 And o wham wc, re looking
at 1 a bonus denitf of about 13 Chits if Ill' math is correct And I think the intent of the
55 older provision of the zoning oY dinance was to provide those type oI densities a
Charlie paid, 1f it was a ompelling reason for it And, I think the quality and the wav this
is designed I think it s there So ptior to that 55 regulation going into this particular
application I would have mavbe not have support it Yes
Eugene Crabtree Ron I think f tall prob ibIv in the Late orory that just about fits the
whole shebang I'm well ovei 55 In my dealing with the retired communitv which I
deal with day bv day we see a need for mole of this type thing and this i what we've
been strivinE toe our senior citizens for the qualitv of life for our enlor citizens within
the City. A development like thic, I feel end I m going to kupport 1t because I feel like it
Item #27
Raul Court Inc
dw
Page 1
is going to impr v a the quality of lice fear our senior citizens that %,11I rno%,e into this area
And the amenities that are available to there in proximately with this cornniunity would
fit the uyle that if I was going to look for a retirement community for someone that was
going to live In an area other than assisted living this is what I would envision The
traffic I don t think is no big problem The traffic for older citizens depends can their style
of life and then health at the time My wife and I are bath 69 and we come and go all day
long and we don t consider ourselves old So, be as it may I thinly this is a quality
project that will enhance the qualltv of life for our seniors so I in going to support it
Ronald Ripley{ Jan has a question or I think ar comment and I think Joe will be next
Janice Anderson I think it s a beautiful plan I think the idea of a senior facility is a
wonderful idea I Just dory t think it fits here I think the traffic issue could b , written
each war If it s developed as is or R-10 vou re going to have traffic, If v lr re going to
have seniors there you're going to have traffic to, so I don t think and m{ big defining
thing is does it come with the surrounding areas And, they are single-famil � homes all
surrounding You heard from the gentleman there I think the emalls spoke also that they
don t want the charge in the cornmunitv Yes some emails are shoed They sav six and
they say town homes but a lot of them do s v duplexes And I thinly what thLv re really
talking about is It s a change In that com-munity And it is southern as your hLard the
gentleman says, you are changing this Now, I think this is great idea It s a beautiful
plan and nicely clone but I don't think It %its here It is completeiv surrounded by single-
tamily homes And also you are increasing the density In this area and open spates are
not as clear so just because of that And the other big reason is the plan Our
Comprehensive Plan does 110t Qro f rwaid And, like Charles said you should find one
thing that brie s you out of that plan but I think this property can be develop(d as it is a
R-20, R 10 There's no reason to bring It out to be built differently because it can be In
the Comprehensive Plan o, for mainly I don t think it mixes with the s,ur-rounding or
with Comprehensive Plan, I in going to vote against It
Ronald Ripley Okay Thank you
Joseph Strange You know, I agree with almost everything said from both sides I don t
necessarily think that thic, could not be worked out with single-family dwellings baL k
there I don't think because they re cluster homeN or some" hat or another are goin t be
Zn
less quality or less quality of life I thlnk the thing that concerns me i s that S 1n(.e it does
not fit into the Comprehensive Plan since It does not meet the PIS-H Guidelines that b '
not deferring this I think we're taking awa ' from the Planning mmisNion the ability t
modify this a little bit and to go In and do a little bit of bargaining Thee didn't
recommend that nece� ari1v that we (Urn it down They recommended that either e
reject it or give then the ability to modify So personally I think a detelT it Is to order
but hdVina said that there looks like there s enough support tor it to go forward
Ronald Rlple F Any other oniments" So do we want to make a motion'
Item #2.7
Royal Court Inc
Pale 17
Charlie Salle 111 make a motion that we approve the application
Donald Ripley A motion to approve by Charlie Salle'
Donald Horsley Second
Ronald ld Ripley Seconded by Don Horsley We're ready to vote
AYE 5 NAY 3 ABS I BSNT
ANDERSN
NAY
RABTRE
AYE
IN
NAY
H RLSRY
AYE
I ATSIAS
KNIGHT
MILLER
AYE
RIPLEY
AYE
SALLE"
AYE
STRANGE
NAY
WOOD
ABS
ABSENT
BSET
Ronald Ripley By a vote of 5-3 with one abstention the motion Lars ie
Eddie Bourdon Have a Nappy Valentines Day
Ronald Ripley Thank you And Mr Scott, thank you amain for a good agenda and I
don't know hove you iNtaved awake Meeting adjourned
City of Virgix-iiek Se2ich
11 TE -OFFICE CORRESPONDENCE
In Reply Defer To our File No DF-5645
TO Leslie L L12ley
FROM B Kay Wilson
RE Conditional Zoning Application
Royal Court, Inc , et als
DATE March 12, 2003
DEPT City Attorney
DEPT City Attorney
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on March 25, 2003 1 have reviewed the subject proffer agreement, dated
September 12, 2002, and have determined it to be legally sufficient and in proper legal form
A copy of the agreement is attached
Please feel free to call me if you have any questions or wish to discuss this matter
further
KW
Enclosure
F ��
ROYAL COURT, INC , a Virginia corporation
J ENNIF'ER BROWN ESTES, LINDA BROWN SMELL formerly known as LINDA
NELLIE SHELL and YVON E BROWN WHI'TWOR'TH formerly known as YVONN
NORA WHITW RTH
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
P CITY OF VI GINIA BEACH, a municipal corporation of the Commonwealth f '
Virginia
4
ti THIS AGREEMENT, made this 12th day of September, 2002, by and between ,
ROYAL COURT, INC , irgmia corporation, Grantor,, Party of the first part,
ti
JENNIFER BROWN ESTES, LINDA BROWN SHELL f 1 a LINDA NELLIE SHELF and
YVONNE BROWN WHITWORTH f a YVONNE N RA WHITWO TH, parties of the 4
I
i second part, Grantor, and THE CITY DP VIRGINIA BEACH, a municipal corporation ,
of the Commonwealth of Virginia, Grantee, party of the third part �
} wI
T N E S S E T H
S 5
WHEREAS, the parties of the second part are the owners of a certain parcel of ,
�I property located in the Princess Anne Distract of the City of Vtrgmia Beach,
containing appro m tely 9 963 acres which is more particularly d scnhed in Exhibit
"A" attached hereto and mcorporatted herem by this reference Said parcel is here x
referred to as the "Property", and
WHEREAS,, the party of the first part is the contract purchaser of the parcel '
descnbed m Exhibit "A" and has initiated a conditional amendment to the Zoning
4
4 Map of the City of Virginia Beach, Virpnia, by petition addressed to the Grantee s
as to change the Zoning Classification of the Property from -20 Residential District,
AG-1 and Air-2 Agricultural Districts to - D Residential District with a PIS-H
Overlay, and
�I WHE AS, the Grantee's policy is to provide only for the orderly development
4
of land for various purposes through zoning and other land development legislation,
and
PREPARED BY 4
SITES ROURDON
PIN 2404-7 - 1 1
4
4
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4
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i WHEREAS, the Grantors acknowledge that the competing and sornettmes
4 incompatible uses conflict and that m order to permit dlfferir� uses on and in the
p g i
area of the Property and at the same time to recognize the effects of change, and the
need for vanous types of uses, certain reasonable conditions ernin the use of the
' property for the protection of the community that are not generally apphcable to land
I i
I similarly zoned are needed to cope with the situation to which the Grantors' rezoning
I
application gives rise, and,
i
I WHEREAS, the Grantors have voluntanly proffered, in writing, in advance of
and prior to the public hearing before the Grantee as a part of the proposed
4
amendment to the Zoning Map, m addition to the regulations provided for the R-5D,
Iinth PD-H2 Overla Zonin Distrct the e�tuo�erall �orng Drd�rance, the,'
follavnng reasonable conditions related to the physical development, operation,, and I
I
use of the Property to be adopted as a wart of said amendment to the Zoning Map
I relative and applicable to the Property, which has a reasonable relation to the
rezoning and the need for which i generated y the rezoning
g
I '
NOW, THEREFORE, the Grantors, for themselves, their successors, personal �
representatives, assigns, grantee, and other successors m tale or mtexe t, voluntarAy
I and without any requirement by or exaction from the Grantee or its governing body
' and without any element of compulsion or for zoning, rezoning, site
4
plan, budding permit, or subdivision approval, hereby make the following declaration
4
of conditions and restrictions which shall restrict and govern the physical ti
development, operation, and use of the Property and hereby covenant and agree that.
ti
'4 this declaration shall constitute covenants runningwhirr the Property, which shau be
p ��
'I
binding upon the Property and upon all parties and persons clauning under or
�I
I through the Grantors, their successors, personal representatives, assigns, grantee,
E� and other successors in interest or tale
1 In order to better foster a sense of community and achieve a�
I
I coordinated design and development of the site m ter s of vehicular circulation,
I parlung, landscape huffenng, tree planting, herming, building orientabon,
i
PREPARED BY �� tormwater management facihties and open space amenities, the 'COMMUNITY
YKC ROURDO 14 I
AnwN & LR.ry Pr ': DEVELOPMENT PLAN F CH LS A PLACE for ROYAL COURT INC ", dated i
' September I , o , prepared by John C Sinn and Associates, Ltd , which has i
I� been exhibited to the Virginia Beach City Council and is on file with the Virginia I
Beach Department of Planning ("Concept Plan") shall be substantially adhered to
2 When the Property is developed, vehicular Ingress and Egress shall be
limited to one (1) entrance from Princess Anne Road
� 3 When the Property is developed, all landscaping and berming shall
�I substantially adhere to the detailed landscape plan prepared by Siska Aurand and
depicted on the "OVERALL SITE MASTER PLAN - CHELSEA PLACE" dated �
September 12, 2002, which has been exhibited to the Virginia Beach City Council
and is on file with the Virginia Beach Department of Planning ("Landscaping Plan")
i l
4 There will be no more than twenty-four (24) residential buildings, each `
one being two (2) stones in height, and containing two (2) dwelling units per building
� The total number of dwelling units permitted to be constructed on the Property shall �
not exceed forty-eight (48) and no dwelling units shall contain more than three (3) �
l
bedrooms
5 The architectural design of the residential buildings will be
substantially as depicted on the exhibits entitled "Chelsea Place Elevation A", ;
"Chelsea Place Elevation 3", "Chelsea Place Elevation D", "Chelsea Place Elevation E", '
dated September 12, 2002 ,which have been exhibited to the Virginia Beach City
I! Council and are on file with the Virginia Beach Department of Planning
I
("Elevations") The primary exterior building material shall be brick and synthetic
l
cedar shake siding, and the colors used may vary from those on the exhibits but all
will be earth tones �
6 When the Property is developed, a landscaped entrance feature shall be �
jconstructed with a buck wall, signage externally illuminated from ground level,
Il
decorative columns and estate style fencmg as depicted and described on the
i"ENTRY CONCEPT FOR CHELSEA PLACE ROYAL COURT, INC ", pages one and
two, dated September 13, 2002, prepared by Siska Aurand Landscape Architects, i
Inc and shall haven an appearance substantially similar to that depicted on the
1perspective entitled "ENTRY WALL FOR CHELSEA PLACE", dated September 12 �
PREPARED
gY � 2002, prepared by Siska Aurand Landscape Architects, Inc, which have been �
�SNU5 BOURAON
,111M & LEVY PC exhibited to the Virginia Beach City Council and are on file with the Virginia Beach j
i
• Department of Planning ("Entrance Plans")
3
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4 I
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7 When n the Property is developed, the fencing throughout the community
I
shall be installed in a coordinated manner by the Developer and governed by the �
Condommium Association so that the types of fencing and location n ti
f fences shall �
as depicted on the FENCE AND PLANTING CONCEPT FOR CH LS A PLACE
ROYAL COURT, INC"and five ) exhibits entitled o IN HT DECORATIVE
I
y FENCES FOR CH LS A PLACE" "4 FT SIT PROPERTY FENCE FDR CH LS A �
4 PLACE", " a FT HT PROPERTY FENCE FOR CHELS A PLACE",,"4 FT HT �
PRIVACY FENCE FOR CH LS A PLACE", "b FT HT PRIVACY FENCE FOR
4
4
CH LS A PLACE", dated September 12, 2002, prepared by Siska Aurand Landscape
4
Architects, Inc , which have been exhibited to the Virginia Beach City Council and
4 are on file with the Virginia Beach Department of Plannmg
I
The Grantor shall record a Declaration ofRestrict-ions Deed i
I
Restriction") as a condition of Site Plan Approval, which shall be applicable to the
I Property The Deed Restriction shall be enforced by a Condornmium Association I
which will be responsible for mainta ming the Property and enforcing the provisions I
f a Condommium Declaration governing the Property The Deed RestncUon shall
require that every occupied residential unit be occupied, on a fuH t me basis, by at ti
least one (1) adult resident over fifor-five (55) years of age The Deed Restriction hall j
also prohibit persons under twenty (20) years of age from residing m any residential �
I unit or units for more than rnnety 90) days in any calendar year
Further conditions may be required b the Grantee during detailed Site
y � y g i
I • ,
Plan review and administration f applicable City Codes lay all cognizant City ti
agencies and departments to meet all applicable City Code req it r ents ti
The above conditions, ha-%rng been proffered by the Grantors and allowed and
accepted by the grantee as part of the amendment to the Zoning Ordinance, shall I
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions Such conditions shall
I
continue despite a. subsequent amendment to the Zoning Ordinance even if the
I I
4
subsequent amendment is part of a comprehensnie implementation of a new OT
PREPARED SY � substantially revised Zoning Ordinance until specifically repealed The conditions,
Y E URDO I
I
AUMN & MY Phowever, may be repealed, amended, or vaned by wntten instrument recorded in the
I
Clerk's Office of the Circuit Court of the City of Virgmia Beach, Vixgmia, and
i
PMPARED BY
YKES ROURCON
LM PF
i
executed by the record owner of the Property at the time of recordation of such �
instrument, provided that said instrument is consented to b the Grantee in writing
,
P Y g
as evidenced by a certified copy of an ordinance or a resolution adopted by the ,
`governing body of the Grantee, after a pubLc heanng before the Grantee which was �
i
j advertised pursuant to the provisions of Section 15 2-2204 of the Code of Virginia
l 1950, as amended Said ordinance or resolution shall be recorded along with said
`instrument as conclusive, evidence of such consent, and if not so recorded, said
instrument shall be void �
{ The Grantors covenant and agree that
l {I) The Zoning Administrator of the City, of Virginia Beach, Virginia, shall i
be vested with all necessary authority, on behalf of the governing body of the City of j
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writuxg, that any noncompliance !
with such conditions be remedied, and (b) to bang legal action or suit to insure
compliance with such conditions including mandatory or prohibitory injunction
abatement, damages, or other appropriate action, suit, or proceeding,
i(2) The faulure to meet all conditions and restnctions shall constitute cause
• to deny the issuance of any of the required building or occupancy permits as may be
! appropriate, `
I (3) If aggrieved by any decision of the Zoning Administrator, made
1 pursuant to these provisions, the Grantors shall petition the governLng body for the
review thereof nor to instituting proceedings �n court, and
P gP g �
(4) The Zoning Map may show by an appropnate symbol an 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 pubh
inspection in the office ofthe Zoning Administrator and in the Planning Department
and they shall be recorded in the Clerk"s Office of the Circuit Court of the City of I
Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee
5
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WITNESS the foll signature gn ur and peal
i
GRANTOR
I
Royal Court, Inc,
I a Virginia corporation
I
I By SEAL)
Donald L Moore, President
I
I �
I '
STATE of VIRGINIA
CITY OF VIRGINIA BEACH, to -wit
I �
The foregoing instrument was acknowledged before me this day o �
September, 2002, by Donald L Moore, President of Royal Court, Inc , a Virginia
corporation
I
I
I
i
Notary Public
1 My Commission Expires I \-3C1-b_�
PREPARED BY
SUES ROLTDONI
LWY P 4
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9
WITNESS the followmg signature and seal
W O M
(SEAL)
_('�Jenruler Brown Estes
'STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit
The foregoing instrument was acknowledged before me this � � day of
September, 2002, by Jennifer Brown Estes
Notary Public
My Commission Expires
i 3). j 9C
PREPARED BY
SITES ROLT ON
AHERN & LEVY PC
7
WITNESS the following signature and seal
STATE OF VIRGINIA
i CITY OF VIRGINIA BEACH, to-vnt
GRANTOR
� 1 1
(SEAL)
Linda Nellie Shell
j,/Hop BKaWN SN�c.L
i
i
j The foregoing znstrurnent was acknowledged before me this ��day of
i September, 2002, by Linda Brown Shell f/k/a Linda Nellie Shell
Notary Public 1
My Commission Expire
1 �
PR9PARED BY
SYKES DOLTDON
ON & LEAN P C
PREPARED B
SYKES POLIRDON
A ERN & MrY P
i
� WITNESS the foIlowuig signature and seat
1
GRANTOR
� A(SEAL) �
Yvonne Whitworth
i vo�e. gr�o wN Wh,fwo��
STATE OF VIRGINIA
� CITY OF VIRGINIA BEACH, to -wit �
� The foregoing instrument was acknowledged before me this k'�� day of
j September, 2002, by Yvonne grown 'l�itworth t/k/a Yvonne ivora Whitworth
1 �
I � Notary Public
My Commission Expires�e��
i
E �
1
1
9
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� I
EXRENT "A"
I
I
ALL THAT certain lot, piece or parcel of land situate and being m the City of Virginia
Beach, Virginia, an known, numbered and es nbe � as "Parcel I { acres)",
�f
I f �
shown on that certain plat entitled "Subdivision of John L Brown Estate M B 1 ,
I Pg 2), Princess Anne Borough, Virgmia Beach, VA", dated December +7, 1983, made
by MiR r-Fo -Stephenson, P C , Engineers and Surveyors, which plat is duly of I
record in the Clerk's Office of the Circuit Court of the City of Vir ra Beach, Virginia,
g �
j m Map Book 176, at Page 2, reference to which plat is hereby made for a more �
particular description thereof
4
GPIN 2404- - 1 1
4
I i
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I, COIYDREZN/ROYALCOUI2T/PROFFER
1
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PREPARED BY I
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Gpin 2414-35-7392
ZONING HISTORY
1 11/07/63 —REZONING from RS (Residential Single Family) to GL (Limited
Commercial)
01/07/64 —CONDITIONAL USE PERMIT (Racetrack)
2 12105100 —CONDITIONAL USE PERMIT (Auto Service Establishment)
3 12/19/83 —REZONING from AG-1 (Agricultural) to R-fi (Residential)
4 04108197 —REZONING from AG- 112 {Agricultural} to R-i 0 (Residential)
5 06/09/80 —REZONING from B-2 (Business) to R-6 (Residential)
6 12111/01 —REZONING from B-2 (Business) to Conditional A-12
(Apartment)
7 i 1114195 —CONDITIONAL USE PERMIT {Auto Service Station)
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM Lake tern, L L C — Change of Zoning District Classification
MEETING DATE March 25, 2003
■ Background
n ordinance upon Application of Lake Gem, L L C for a Change of Zoning
District Classification from B-2 Corn munity Business District to Conditional A-1
Apartment District and Conditional B-2 Community Business District on the
southeast corner of Nimmo Parkway and lepton Drive (GPIN 2 1 3 3 2 The
proposed zoning to Conditional B-2 is for retail commercial land use The
proposed zoning to -12 is for multi -family residential land use at a density not to
exceed 12 units per acre The Comprehensive Plan recommends use of this
parcel for retail, service, office, and other compatible land uses Parcel contains
18 58 acres DISTRICT 7 — PRINCESS ANTE
The majority of the property, 15 73 acres, is proposed as an apartment
community with 227 units Two commercial outparcels fronting on 1 i mo
Parkway are proposed on the remaining property
r Considerations
The property is a vacant grassy field and is zoned B-2 Community Business
District
n the portion zoned Conditional -1, there will be 227 apartment units
available for rent The community will be developed in accordance with the
proffered site plan landscape plan and architectural elevations Based on the
total gross acreage of the overall project, 18 58 acres, the residential density i
227 units/1 8 58 acres = 12 2 units per acre Based on the gross acreage of the
area of the proposed apartment complex, 15 859 the residential density i
227/15 85 acres = 14 3 units per acre
On the portion zoned Conditional B- , any of the principal and/or conditional uses
permitted in the B-2 Community Business District The two outparcels shall be
developed in accordance with the proffers, which state that the buildings ►rill
have architectural features that are coordinated and complement the apartment
community
Lake Germ
Page 2 of 2
This site is within the area identified specifically as an "Opportunity Area's within
the Comprehensive Plan where a mixture of residential and nonresidential uses
is recommended The proposed apartment complex, together with the recently
approved residential condominium project to the south, will provide a balanced
residential presence to this area that already contains a major commercial
center The apartment community is located within walking distance of services
that will help meet the employment, shopping and entertainment needs of
residents The estimated amount of traffic generated by this multifamily project
will actually be less than what could be expected on the adjacent roadways if this
property were developed commercially Three of the apartment buildings and the
clubhouse/pool are located on the north side of the main entrance These three
apartment buildings will have courtyard parking and exterior corridors with the
main access to the units fronting on the courtyard side of the building
Staff recommended approval There was no opposition to the request
■ Recommendations
The Planning Commission passed a motion by a recorded vote of -o to approve
this request
■ Attachments
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended mended Action Staff recommends approval Planning Commission recommends
approval
Submitting DepartmenVAgency
City Manager 1L
Planning Department
FM LAKE GEM LLC / # 121
February 12, 2003
General Information:
APPLICATION
CUMBER L11- 1O-REZ-2002
REQUEST Change of Zoning District Classification from B-2 Community Business
District to Conditional B-2 Community Business District and
Conditional A-18 Apartment District
ADDRESS Property located at the southeast corner of NirT mo Parkway and Upton
Drive
h7 l!L Ly
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yMINH W--,VA 11 A69L
pin 414-3.5-739
Planning Commission Agenda �j`
February 12, 2003
LADE GEM LLC 1
Pepe 1
GPIN 2 1 -3 - 3 2
ELECTION
DISTRICT 7 - PRINCESS ANTE
SITE SIZE 18 58 acres
STAFF
PLANNER Barbara Dube
PURPOSE The majority of the property, 15 73 acres, is proposed as an apartment
community with 227 units To commercial outparcels fronting on
Nimmo Parkway are proposed on the remaining property
Major Issueso
0 Compatibility with the surrounding residential area
• Consistency with the recommendations of the Comprehensive Plea
Land Use, Zoning, and Site
Characteristics:
Existing Land Use and Zoning
The property is a vacant grassy field and is
zoned B-2 Community Business District
Surrounding Land Use and Zoning
North Vacant property across Nimmo Parkway B-
Community Business District
South Condominium development under construction
across Els n Green Avenue Conditional A-12
.r-4 A B
Planning Commission Agenda
February 12, 2003 y-
LAKE E G E II L L C 1
Page
Apartment District
East Single Family Homes / R-7 5 Residential
District
West Wal-Mart Store and Regional Shopping Center
across Upton Drive B-2 Community Business
District
Zoning and Land Use Statistics
With Existing Any of the principal and/or conditional uses permitted in
Zoning the B-2 Community Business District such as shopping
centers, restaurants, offices, automobile service
stations, motor vehicle sales, and mini -warehouses
With on the portion zoned Conditional -1, there will be
Proposed 227 apartment units available for rent The community
Zoning will be developed in accordance with the proffered site
plan, landscape plan and architectural elevations
n the portion zoned Conditional B-2, any of the
principal and/or conditional uses permitted in the B-2
Community Business District The two outparcels shall
be developed in accordance with the proffers, which
state that the buildings will have architectural features
that are coordinated and complement the apartment
community
Based on the total gross acreage of the overall project,
18 58 acres, the residential density is 227 units/
acres = 12 2 units per acre
Based on the gross acreage of the area of the
proposed apartment complex, 15 85, the residential
density is 227/15 85 acres = 14 3 units per acre
Zoning History
This site is a portion of a larger site that was rezoned from Residence Suburban and
Agricultural to Limited Commercial in 1963 In 1964, a Conditional Use Permit was
Planning Commission Agenda
February 12, 2003
LADE GEM LLC ## 1
Page 3
approved for a raceway, similar to Charlotte Raceway, with a seating capacity for
50,000 The use permit was never activated, but the commercial zoning remained The
site has been zoned B-2 Community Business District since the 1973 adoption of the
Comprehensive Zoning Ordinance
n December 11, 2001, City Council approved a rezoning from B-2 Community
Business District to Conditiona.I A- 12 Apartment District on property south of Elson
Green Avenue This condominium complex, containing 128 units, is currently under
construction
Air Installation Comoatible Use Zone (AICUZ)
The site is in an AICUZ of 65-70d6 Ldn surrounding NAS Oceana
Public Facilities and Services
Water and Sewer
There is a 16 inch water main and a 12 inch water main in Nimmo Parkway fronting the
north side of the property There is a 10 inch water main in Upton Drive on the west
side of the median fronting west side of property There is a 10 inch water main in
Elson Green Avenue fronting south side of property
There is a 54 inch force main in Nimmo Parkway fronting north side of property
There is a 12 inch force rain extending from Elson Green Avenue north through
property on west side of Upton Drive and extending across Upton Drive to the middle
portion of west side of property There is an 8 inch sanitary severer force main in Elson
Green Avenue fronting south side of the property and extending north in Lipton Drive
fronting west of property
This site must connect to City pater and surer Pump station analysis and upgrades
may be required
Transportation
Master Transportation Plan (MTP) / Capital improvement Program (CIP)
Upton Drive fronting this site is a four lane divided urban arterial, as designated on
the Master Transportation Plan (i OODBS) The roadway was dust recently completed
as a four lane divided urban arterial under a cost participation agreement with
adjoining development
Planning Commission Agenda
February 12, 2003
LASE GEM LLc 1
Page 4
Elsn Green Avenue along this site is a two-lane urban collector street Elson
Green Avenue is not shown on the Master Transportation Plan
ammo Parkway fronting the north side of the site is designated on the Master
Transportation Plan as a 100 foot wide divided roadway with controlled access The
portion of the road between General Booth Boulevard and Upton Drive was
constructed as a four lane divided controlled access roadway by the developers of
the adjacent Veal -Mart and regional shopping center The current Capital
Improvement Program calls for the continuation of this roadway as a two lane minor
arterial from lepton Drive east to Atwoodtown Road CIP #2-1 1 — Sandbrid�
Corridor Improvements (Partial) includes funding for the City's share of the two -lame
roadway The CIP states that construction of the roadway will be pursued via a cost
participation agreement
Traffic Calculations
Street Name, Present Present Generated Traffic
Volume : Capacity
Existing Land Use1 ADT
Upton Dave
11 4 ADT
14 0ADT '
Proposed Land Use 1 312 ADT
Average Daily Trip
2 as defined by Commercial/Retail uses
3 as defined by 227 Apartment units
Schools
School current
Capacity
'
�
Generation thane 2
Enrollment
Red Mill
1
'
-Elementary
Princess Anne
11511 . 11
19 . 1
Middle
K ellam High 2,2 11990
22
2
I -
generation represents the nurnbur oT studerns thaL M u v aopr ent will dUU LU UM tiUHUE)l
change represents the difference between generated students under the existing zoning and
under the proposed zoning The number can be positive (additional students) or negative (fewer
students)
Red Mill Elementary School is currently more than 21 percent over the facility's optimal
utilization capacity The current development of La ornar Section 7 will bring an
Planning Commission Agenda
February 12, 2003
LADE GEM LLC ## 1
Page
additional 390 housing units and approximately 90 to 120 new students to the Red Mill
attendance zone, resulting in severe overcrowding at this school The following Capital
Improvement Program project addresses the overcrowding at this facility
CIP # 1-0 o ElementaryElementa!y School 2005
This project is for construction of an elementary school with a design capacity of 900
students Necessary classroom space and resource areas should result in a facility
of approximately , o square feet on a seventeen acre site at the intersection of
Princess Anne Road and S ndbrid a Road, which has been acquired Construction
is scheduled to begin in March 2004 for a September 2005 opening
Public Safely
Police The applicant is encouraged to contact and work with the
Crime Prevention Office within the Police Department for crime
Prevention techniques and Crime Prevention Through
Environmental Design (OPTED) concepts and strategies as
they pertain to this site
Fire and Fire safety items will be addressed during detailed site plan
Rescue review
Comprehensive Plan
The subject site is part of the area designated a "Opportunity Site #1 " within the
Courthouse-Sandbridge Planning area This area is recommended for "development a
a well planned arrangement and appropriate mix of residential, commercial,
employment, open space and ether uses " A major commercial center, including a Wal-
Mart as well as a regional shopping center, has recently been developed in this area in
conjunction with the new roadways of Upton Drive and Nimmo Parkway serving the
area
Summary of Proposal
Site Design
The proposed site plan shows four three-story apartment buildings, one two-story
apartment building and a clubhouse with an outdoor pool The main entrance to
Planning Commission Agenda
February 1, 2003
LANCE GEM LLC 1
Page
-mow•,,-
the site will be in the center of the site, at the location of an existing median break
on Upton Drive
kJ `
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jF PARCEL I
Three of the apartment buildings and the clubhouse/pool are located on the north
side of the main entrance These three apartment buildings will have courtyard
parking and exterior corridors with the main access to the units fronting on the
courtyard side of the building
Two apartment buildings are located on the south side of the main entrance
These buildings are larger in size than the courtyard buildings and will contain
enclosed corridors for access with units on both sides of the corridor
The site plan shows adequate parking areas for all buildings in addition to
parking for guests at the clubhouse/pool In addition, there are several small
garage buildings that will be available to tenants who want an enclosed parking
space These small garage buildings are located on the outside edge of the
parking areas and help to buffer the apartment community from the commercial
property to the north as well as along the canal at the south end of the site
The site layout for the three courtyard buildings on the north side of the site
differs from the site layout for the to buildings on the south side The tiro
building styles are blended together on this site by using similar materials and
architectural details on all buildings} locating the clubhouse/pool in a central
location and by creating a unique streets ape within this community The main
drive aisle connecting all buildings has been laid out to resemble an urban street
On -street paring, sidewalks, landscaping and decorative pavers at intersections
are also used to create a sense of plane
Planning Commission Agenda
February 12, 2003
LAKE GEM LLC 1
Page
The stormwater management for this site will be handled by the existing canal
system that runs along the southern and eastern boundaries of the site
Vehicular and Pedestrian Access
The main entrance will be in the center of the site, at the location of an existing
median break on Upton [give A left turn lane from Upton into the site exists at
this entrance location
There is a sidewalk on the eastern side of Upton Drive along the entire frontage
of this property The site plan shovers thaton-site sidewalks will be connected to
this sidewalk at the main entrance
On -site sidewalks are provided along the main entrance road and continue along
the main drive aisle within the project sidewalks have been extended along the
parking areas to all building entrances The main drive aisle to the north of the
entrance, serving the courtyard buildings, will also incorporate on -street parking
and decorative concrete pagers at intersections
There is a second entrance to the site shown off of Nimmo Parkway, this
roadway will also serve the two commercial outpar els located on the north side
of the site The entrance to the apartment community from l irr mo Parkway will
be gated and is delineated by the use of the decorative concrete pavers
Architectural Design
The applicant has proffered elevations for the two apartment building styles, the
clubhouse and the garage buildings
The predominant building materials proffered are cedar shake siding and brick in
earth tone colors
Buildings 3, 4, and 5 are courtyard -style buildings with the main access to the
buildings being an outside corridor on the courtyard side of the building
covered brick entryway with a lobby that provides access to the courtyard
corridor from the street side of the buildings is provided at each corner of
buildings 3, 4, and 5 Decorative cupolas are incorporated into the roofline above
the side entryways The building fa ades that are oriented toward the main drive
aisle or "Main Street" and the building facades fronting Upton Drive will include
first floor concrete porches, balconies: window a embellishments, and French -style
sliding glass doors Buildings 4 and 5 are three-story buildings Building 3 will
be a tiro -story building Building 3 is the most visible to the adjacent single -
Planning Commission Agenda
February 12, 208
LADE GENT LLC 12
Pie
family neighborhood and has been designed as a two-story building in order to
provide a better transition between the multi -family and single-family
neighborhoods
Buildings 1 and 2, located south of the main entrance, are designed with
enclosed corridors and units on both sides of the corridor The building fagades
fronting Upton Drive will be similar to the courtyard street -fronting fa ales and
will use the same architectural features Buildings 1 and 2 are three-story
buildings
• Building 2 will feature a covered main entryway of brick with a decorative cupola
that will be a central distinguishing feature that is visible from the "Main street"
The clubhouse building will be one-story and will include architectural features
similar to the apartment buildings The entrance to the clubhouse building is
oriented to the corner, similar to the covered entryway lobbies for the courtyard
buildings
The garage buildings shown on the site plan are 13 feet in height Composite
roof shingles, composite siding and paneled garage doors are shown
Landscape and Open Space
The site has been designed to have a continuous landscape buffer along Lipton
Drive at least 30 feet or more in width There is no parking between the buildings
and the street The landscape buffer will include a berm feature as well as a
mixture of evergreen and deciduous trees and shrubs
• internal landscaping is shown within the parking areas in accordance with the
Site Plan Ordinance Additional landscape plantings have been provided along
the main drive aisles and the entrance median The applicant has stated that the
landscaping shown on the proffered site plan is a preliminary plan and that a
much more extensive landscaping plan will be developed with the final site
drawings
There is a large existing drainage canal that wraps around the southern and
eastern boundaries of this site This provides a 100-foot setback from the single-
family residential subdivision east of the site In addition to the 100-foot canal
setback, the applicant has proposed a 1 -foot wide landscape buffer to be
planted with Category IV landscape screening
Planning Commission Agenda
February 12, 2003
LANCE GEM LL C # 12
Page 9
Proffers
PROFFER ## 1 The "RED MILL COMMONS APARTMENT COMMUNITY,
LADE GEM LLC ELLIS-GIBS N DEVELOPMENT
MASTER FLAN", dated January 6, 200("Concept Plan"),
which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department
of Planning, shall be, when and as Parcel El is developed,
substantially adhered to as to Parcel Ell so that there shall
be coordinated design and development of the site in
terms of Vehicular circulation, parking, buffering,
landscaping, tree planting, building location, orientation,
stormwater management facilities and recreational
amenities
Staff Evaluation This proffer is acceptable The site plan layout i
innovative and unique for an apartment community within
Virginia Beach and has been designed to create a `'sense
of place'
PROFFER # 2 Vehicular Ingress and Egress for Parcel E1 shall be limited
to one (1) entrance with a median break from existing
Upton Drive and one (1) entrance with a median break
from existing Nimmo Parkway (East) There shall be no
vehicular access from Elson Green Avenue
Staff Evaluation This proffer rs acceptable The access is well planned for
this development There are two accesses provided, both
on major roadways Access to Elson Green Avenue, a
residential collector to the adoring single-family
neighborhood, is restricted
PROFFER # 3 On or before completion of the (i) development of, and (ii)
construction and occupancy of all buildings on, Parcel E1,
a Club House with swimming pool to serve the residents of
Parcel El shall be constructed in the areas depicted on
the Concept Plan
Staff Evaluation This proffer is acceptable It ensures that the amenities
planned will be available immediately to the residents
Planning Commission Agenda
February 12, 2003
LAKE GEM LLC 1
Page 1
PROFFER # 4 At such time as a site plan is submitted to Grantee for the
development of Parcel E1, such site plan shall be
accompanied by the submittal for Grantee's review a site
lighting plan for Parcel El
Staff Evaluation This proffer is acceptable The applicant is committed to
providing a quality lighting plan that will enhance the
community atmosphere and safety The applicant will
work with the Planning Department and the Police
Department Carrie Prevention ention Office to design the lighting
plan Lighting on this site will include pedestrian lighting,
parking lot lighting and building mounted lighting as well as
decorative lighting elements
PROFFER # 5 For Panel E1, and on or before development of Panel El
is completed, a landscaped entrance feature shall be
constructed with an illuminated monument style sign(s) a
depicted and described on the "LANDSCAPE PLAN AT
ENTRANCE — FEED MILL COMMONS APARTMENT
COMMUNITY", dated January 6, 2003, which has been
exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning
Staff Evaluation This proffer is acceptable An attractive entrance will
enhance the view of this development from Upton Dave
PROFFER # 6 The architectural design of the residential buildings within
Parcel El will be substantially as depicted on the exhibit
(the "Elevation Exhibit") entitled "RED MILL COMMONS
APARTMENT COMMUNITY, LAKE GEM LLC ELLIS-
IBS N DEVELOPMENT, CONCEPTUAL ELEVATION",
dated January 6, 2003, which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning The predominant exterior
building materials shall be synthetic cedar shake siding
and brick The colors used may vary from those on the
exhibits but all will be earth tones The buildings shall be
set back a minimum f thirty feet ' from Upton Drive
and Elon Green Avenue
Staff Evaluation This proffer is acceptable Architectural quahty is
Planning Commission Agenda �t
February ruar 12, 2003 .
LADE GEM LLC 1 - - .
Page 11
especially important for this site as the proposed
multifamily land use is seen as a "transitional"' land use To
create a smooth transition between a mafor commercial
center and a large single-family neighborhood is not an
easy task, but this proposal has, in staffs opinion,,
achieved it The elevations provided include quality
materials and architectural details that will create a unique
sense of place and that will complement both the existing
commercial center to the west as well as the existing
single-family neighborhood to the east The apartment
building styles and heights are varied, and multiple
building projections have been used to create a casual,
open atmosphere from the street side and the canal scale
as well as Internally within the project
PROFFER # 7 The architectural design of the commercial buildings within
Parcels E6 and E7 when constructed shall be compatible
with the design of buildings constructed, or the planned
design of buildings that may be constructed pursuant to
Section 6 above, on Panel El The predominant colors
may Crary but shall be earth tones Accent colors of
individual choice are permitted
Staff Evaluation This proffer is acceptable It ensures that the commercial
development on the two outparcels north of the site,
fronting on I limmo Parkway will complement, rather than
detract from, the atmosphere and sense of place created
for the apartment community
PROFFER # 8 The total number of living units permitted to be constructed
on Parcel E1 shall not exceed two hundred and twenty-
seven (227) and there shall be a minimum of four hundred
and fifteen (415) parking spaces on site
Staff Evaluation This proffer rs acceptable
City Attorneys The City ttorney's Office has reviewed the proffer
Office agreement dated January 27, 2003, and found it to b
legally sufficient and in acceptable legal form
Planning Commission Agenda
February 12, 2003
LAKE GEM LLC / # 12
Page 1
Evaluation of Request
The request for a rezoning from B-2 Com m un ity Business District to Conditional A-1
Apartment District and Conditional B-2 Community Business District is acceptable This
site is within the area identified specifically as an "Opportunity Area" within the
Comprehensive Plan where a mixture of residential and nonresidential uses i
recommended The proposed apartment complex, together with the recently approved
residential condominium project to the south, will provide a balanced residential
presence to this area that already contains a major commercial l center The apartment
community is located within walking distance of services that will help meet the
employment, shopping and entertainment needs of residents The estimated amount of
traff is generated by this multifamily project will actually be less than what could b
expected on the adjacent roadways if this property were developed commercially ially It i
recommended that the proposed rezoning be approved subject to the submitted proffer
agreement
NOTE Further conditions may be required during the
administration of applicable City ordinances Plans
s brrrrtted with this rezoning application may require
revision during detailed site plan review to meet all
aolrcable Citv Codes
Planning Commission Agenda
February 12, 2003
LADE GEM LLC 1 # 12
Page 1
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Planning Commission Agenda
February 12, 2003
LAKE GEM LLC / # 12
Page 1
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Planning Commission Agenda
February 1, 200
LASE GEM LLC # 12
Page 1
Planning Commission Agenda
February 1 , 200
LADE GEM LLC # 1 =- -'
Page 1
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Planning Commission Agenda
February 12, 2003
LAKE GEM LLC # 1
Page 1
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Planning Commission Agenda
February 12, 2003}�
LADE GEM LLC # 1 -
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DISCLOSURE STATEMENT
Ap liomm's Nwne -- LAKE GEM LL
t.[st All CurrMt Lakeside/Swenson Nate [.LC
Property Qwnws
PROPERTY OWNER DISCLOSURE
If ft rope over is a CORPORATION, Ust aH offk*m of the Corponabon below
Anach list if necessary
If the property owner is a PARTNER'10" M or other UII14CORP RAT D
ORGAMUZATION, 1'ist aH members or partners In the organization Wow Anach first
Lakeside Construction Carporation
Cynthia R Swenson
,D Check here d the property owner me NOT a o rp mfi n partnership, fin-n, or othw
unincorporated organization
VOW s not Mo cuffw* amr of On prepatyo cmnphft do A pflmrrt Dgedbsure
swedw below-
APCA1T DISCLOSURE
If fts property owner is a CORPORATION,, list eU office of the Corporallo beer
(Affach fist If necessaty) Il
If the property owner a PART R ►H ,, FIRM, or oar UNOICORPORATED
ORGANIZATION, iist all members or parsers in the organization below (Attwh Jist
It neceway) Lakeside Croup LL (see att Lh d list)
GEM Sandbrw ge L L C (see attached list) - ----
0 Check here 0 the property owner is NOT a oorp moon, partnership, firm or other
nrncoq*te oran'rzatn
CERnFlCAnoN 1 certify that the Information contained herein Is true
and accurate.
Signature Page Attached
SlnaW re
ftszonutg Applrcatian
Page 8 of 12
Print Name
Planning Commission Agenda
February 12, 2003
Page 2
APPLICANT
LAKE GEM LLC a Virginia [ImIted Habfll#y company
Members
Lakeside Group LLC
Me e5 Eno C Andersen
Pofnoia M Windsor
Lucy F Reasor
GEM Sandkr,dge LLC
Members John L Gibson fit
Donna L Whitaker
Douglas D Ellis
Bruce A Brlrn
LAKE GEM LLC
By lakeside Group LLC
Its o-Manager
r
Eric C Anders
Ifs Manager
GEM Sandbridge L L C
Its C -Man
By V. J hn L Gib 111
s Manager
Planning Commission Agenda
February 1, 2003
LACE GEM LLC I # 12
Page 21
Item #12
Lake Gem, L L
Change of Zoning District Classification
Southeast corner of Nimmo Parkway and Upton Drive
District 7
Princess Anne
February 1, 3003
REGULAR
l obert Miller The next item is Item#12. Lake Gem, L L
Ronald Ripley Charlie thank you for running that application I appreciate it, a
alwa� good job
John Gibson Good afternoon
Donald Ripley Good a tternoon to you
John Gibson I m John Gibson of Ellis Gibson Development Company and Lake Gera
L L C Lake Genf is a patrtnerhip consisting ofprincipals. of Lake Side Construction and
Ellis Gibson Commercial pearl EkNtate services And most of our principals are here
today our group developed the award winning Red Mill Common Shopping Center
along with the infi avtruL Lure within Red Mill including Upton Drive and Nimmo
Parkway{ Today{ we seek your support to rezone 18 5 acres from B-2 to Conditional B-
and A- 18 along the east side of Upton down by Upton and N1rnnio and El on Green our
proposed use is in keeping with the City, Master Lana Plan and consistent with staff N
prior rCLomm ndatlon to incorporate re identwl use as a proper transition to the
commercial property to the west froin the adjoining residential property to the east Our
proposal develops approximately 227 lrte Lyle apartment units along with two Vmaller out
parcels tronting Nimmo Paxkw y our anticipated capital expenditures should be in
excess of $19 million dollais. our team includes Burrell Sanders and Jim Powers of
MSS Architects and Wendy Drucker of Dnicker and Faulk CNISSand'Dnickerand
Faulk have teamed SUCLessfully «nano times to plan and build lifesstyle apartment that
create a cerise of plaice within the community And our team is here today to an wer any
and all questionquestiont, that you all might have So, I will stand aside and allow our team to
address any questions that you right have
Ronald Riplev okay Any questions' I think the questions that and you were in the
informal John I think our questions were revolving and I think the plan that vou have
laid out ,appears to he a really good plan and I don t think I heard anybody have any real
problems with it It looks. like a good land u4se I think what we re looking for is
a��ui ank.es of quality That s the theme that s running through ever +thing WL try' to do
now And I think Mr Scott will agree as to where our Comprehensive Plan is headed
and that s what we have in offer So we would like you to tell Lis about the qualit.V of the
plopertv and what S VOLir plan
Item #12
Lake Gem L L C
Page
John Gibson Gladly And, ��e have ct number f visual aides for your benefit there Our
project was themed principally bar Wendv and Burrell And let me have Burrell run
through his concept
Ronald Ripley Thank you very much
Burrell Sanders Good afternoon I'm Burrell Sanders with CMSS Architect-,
Donald Mor ley Mr Chairman could they also address what Mr Din brought up this
morning about the pedestrian connectivity would you address that while you ie doing
that'
Burrell Sanders What we ve done is create
Ronald Ripley Mr Sandei `' You need to stand a little closer to that mic o people at
home can hear you too
Burrell Sanders I think quite a few things about this property address the issue of
quality I think one i that you know from the roadw iy that the buildings surround the
parking and the parking is not Visible to the roadways and the greenways that line the,
roadways we actually have two styles of apartments We have the double leaded as I
just pointed to and we have the single loaded that wrap around the auto court creating
street like courtN that you see that make for eery good pedestrian access within the ite
Actually, sidewalks along the streets that bi iCng people to the common. area here for the
clubhouse and allow people to move throughout the site We have the exterior perimeter
has the garages which are one story They become buffers for the property adjacent and
al�o for the residential across the canal at these locations that I just pointed to The
buildings are two and three stories And I thinly a couple of things about these buildings
are particularly unique one of the things that you might Notice if., the plain %% hich shows
lot of change in the rnoAement of the building itself So the forum haS a lot of
detiniti n to it so it mves a good rhythm to the community to make 1t feel a patterning
more life a village We also have a series of balconies that you `in see and the roofline
have changed throughout the architecture of the village It has a base typically done, in
this case done in brick And, then we go to a cedar vinyl material It s actual1v a vinyl
that represents a cedar material in the upper levels changing the detail It's ptetty much
done 1n arayc, and browns soft colors to blend in with the community and make for at nice
setting
Ronald Ripley How about the color of your railings and corner boards'
Burrell Sande- Typically they re done in a white color
Ronald Riplev So are the corner boards the same color as the idin is )
Burrell Sanders Tvpicarlly we do that in a white o that it accent and adds n extra
Item #12
Lake Gem, L L C
Page
detail Also, you can see we have cupolas and other details on the root to create a lot
more interest in it The ideas is to create more of a village feel and less of a barracks type
feel that you get with your typical apartments I think this i being iea�lly creative and a
nice place for people to reside As to your question related to the pedestrian way w
actuallv spent some time discussincy this to cross the retail on the other side of Upton It's
our belief and we have trails that lead to this intersection because, people need to cross at
the intersection where there is a light It's going to be dangerous inidwav so what we re
trying to do i make that the main cro ing Frankly most of this because of the size of
this it's largely to be a vehicular entrance It s not going to be real friendly to pedestrians
there
Ronald Ripley So where would you propose the crossings to occur I
Burrell Sanders At the traffic light
John Gibson At the traffic light
Burrell Sanders which is at the corner of Nimmoand Upton and the corner of Lipton
and Elson And in fact at the corner ofUpton and Elson. there exists alreadv striped
pedestrian crossings corning from the east to the west
Donald Ripley Do you think people are going to want to do that Tvprcall , I found that
people want to go the shortest distance and they walk
Burrell Sanders The problem we anticipate and we 11 gladly work it out It % a four lane
divided high fay there with posted speed limit at MPH with cars doing probably
better than 35 and crossing pedestrian wise raid block if you will at an un-signalized
median break I ran not sure that s the safest thing for pedestrians to do And, again our
traffic plan when Mr Anderson built the roads was. endorsed by Public Forks As to
where the traffic lights WOUld h
Ronald l iplev Well I understand that but, I don t think zoning on the property it it was
developed commercially probably the pedestrian patterns would be completely different
than the pedestrian patterns that vou're going to have with people living there I mean
people are going to walk out They want to go the pizza shop I doubt if they{ dre e rn t
walk down to the traffic light to act across mavbe some will but riot the maj ritV Do
you see what I am saying"
Burrell Sanders Yes sir
Donald Ripley So what we were ugge tin t Our informal meting i o course all
Subject to what traffic. acid the applicant can work out IS it it seems that it s appropriate to
put a crops over more towards the center where probably a good percentage f our
people could be uing that although if you look at it I guess a good percentage t one
end would use thic, end and one mig{ ht u e the other So it ma ork ItSelf oc)t The
Item # 1
Lake Gera L L C
Page 4
more we talk about it but if it's deemed appropriate then being able to hai e a pedestrian
croc.,sover there may be something that we may want to try impose on the plan Do you
see that way Mr Scott`)
Robert Scott I think that we just need to lair out all the concerns I hate to try work out
something here between the developer and the Planning Commission only to tend out that
the Public Works Department rtment got a problem with it I think and what I would suggest is
doing is trying to work these out within the context of the site plan leveew Knowing and
Larrying forth into that review the thoughts and the intention of the Planning Commission
that we de everythxng we can to try{ to make these pedestrian cros%,overs work
Ronald Ripley I think we let you know our concern I think her Dire raised areally
good point there and I thin. 1t s something you try to work out Yes 'I r Crabtree
Eugene Crabtree Do I understand that there's a canal between the property and Upton
Drive') Somewhere someone said there was a canal there this morning What I'm asking
iN can people walk from their apartment to the shopping center`'
Burrell Sanders Normally I am more coordinated At least in a previous life I was
Upton Drive as you see, Nimmo Parkway 1 stubbed The canal which is the major
feature for the entire 1 o-acre project runs from the corner of El on Green where the
pointer is down and through to Nimmo, underneath Nimmo and then to the lake that Mr
Anderson built some year ago
Eugene Crabtree It runs on the backside not in the front of the propert9
Burrell Sanders Backside right here There s approximately 100 feet I would say butter
covering the (,anal between adjoining residential
Eugene Crabu e So, people from the apartment could leave the apartment and walk
across it In the center of the block then with nothing to restrict them �
John Gibson Correct They can walk tr m here where there is an existing crosswalk
already built already striped We re discussing this point here And, they can walk from
here across as well Where existing striping exi is
Eugene Crabtree But there s nothing to prevent them from going across the center)
John Gibson No sir They can do that
Ronald Ripley. Yes Kathy Katsias has a question
Kathy Kat ias John along Lipton ri -e, are there ide �{alk to reate pedest� pan traffic
for then to come out through the main entrance to go up')
Item #12
Lake Gem L L
Pale 5
,John Gibson Not as it exists today Ms Katstas but everywhere else along the project
there are sidewalks And, the reason why it does not exist today is obviously there's no
use for theie today
Kathy I atsias So if someone where to go through parcel E-6 they would have to go
through are existing part in order to o to the stoplight How would they get t� that stop
light within walking distance" How would they walk there's
John Anderson They would walk across the sidewalk when it was built across E- and
,d
then across at the stoplight with the pointez is indicating there Ada in nothing is built on
this side of the road yet
Janice Anderson Mr Chairman'
Ronald Ripley Yes
Janice Anderson It you could address the lighting that I believe was brought up in the
informal than we had some concern about the lighting in that area
John Gilson Yes ma am I think we hope you'll agree We did a nice -job with the
lighting atross the street at Red Mill Commons the shopping center and the use of the
1 -toot decorative antique lighting poles And that will certainly be incorporated into
the pedestrian friendly and the walkway nattuie of the apartment community We have
not drawn a lighting plan We wanted to get the land use clue tion re olved todaN- We
have proffered that we will resolve the lighting plan With staff at the site plan level Once
we proceed to the site plan drawings and working drawings through Burrell firm So I
think we anticipate having the pedestrian friendiv type lighting in concern with a
photometric plan that s vet to be determined
Donald Riplev will the majority of the lighting he from poles or from wall packs''
John Gibson Poles
Ronald Ripley So, it will be mostly poles`
John Gibson Poles And, that way+ we can do cut off and it won t disturb the resident
across
Burrell Sanders As vou seen in the renderings the garages have wall packs on them
Ronald l iplev Sure
John Gibson The ends will be facing inward Those will be facing towards the parking
lot
Item #12
Lake Gem, L L C
Inge
Ronald Ripley Right And on those garages and I abed the question about the
composite material that's shown on the garages What 1 that`?
John Gibson It s the same simulated shake made ofvinyl like we have on the buildings
Ronald Ripley And regarding schools the mix you will have in this who will be
attending`?
John Gibson I'll allow Wendy to address that She knows more about that than I do
Donald Ripley Okay Good
Wendy Drucker Hi Good afternoon Wendy Drucker with Drucker & Faulk
Ronald Ripley Thank you
Wendy Druckei I don't have the exact mix in front of me I m sorry
Ronald Ripley Approximately
Wendy Drucker It' 11 be 10- 15 percent one bedroom 10- 15 percent threes and the rest
twos Thank you Sorry 27 percent one, 63 percent twos., and 10 percent threes we've
done many communities that are like this up and down the eaSt Loast And, feel that a
community like this while will have some children will not have ct lot of school age
children because the site is not conducive playgrounds as a garden apartment community
is It s a inuch more dense site And, feel like our resident profile will have an older
resident profile than you find in a typical garden apartment community I really think
there s not going to be an impact on schools that you would thinly with the normal 50 acre
Soo unit garden apartment cox munit
Ronald Ripley I agree Any other quetlonI Yes
William Din Yeah I guess I'd like to expand a little hit on my informal comments. were
at the earlier meeting we're promoting this as a walking pedestrian type community and
1t looks life a beautiful community It looks like and 1 think I really like the prospects of
having a more diverse type of housing in a lot of different areels It provide for a
different nux of population and things life that and, as you re stating 1t may be an older
popUlation But I think the older population is more conducive to walking And if we
den t coordinate the type oI pedestrian accesses that we are looking for here, [ don t think
Watt VOU re creating here is an isolated villagc I don t know how thev get from this
complex ovei to voter parcels to the north If you re garages are blockina. that acee,%
except by going around it 1 don t know 1f at the interse(-tions that you to talking about
dossing if they lead to the property commercial sates that people want to go to The Wal-
mart v,, positioned further back I don t know what is planned foe up here The
comments that I had were it we re tr ing to promote the pedestrian access rind walking
Item # 1
Lake Gem, L L C
Page 7
accessibility of this thing that when the commercial sites on the other side of the street are
planned that there are sites that they can go to that would conducive to allowing
pedestrians to get across the street It is a four -lane highway and it we don t have enOLIgh
island between, you know they got to make it across with one light I don t know how
that is going to be done And, you. know I don t know how long those block are right
now I can t tell you how long it ik, from El on Green to the entrance to this area But, 1
it is too long of a block a break vou're not going to et the people going to the
intersection I rn not trying to resolve the iscue I'm just trying to r-n . e pure that we are
looking far enough ahead and trying to plan these pedestrian crosswalks with what
commercial sites going to be out there and especially with the parcels to the north You
know you can t get through those parking garages, I don t think I can't tell by the site
plans because they are just not detailed enough for mc.
Burrell Sanders 1f I could. I think the character of the road design has more to coo with
this issue than the actual site itself The predestination within the site is what we had to
work with and we certainly{ went to great lengths to do that because it s neighbor -to -
neighbor people visiting with each other and going to the clubhouse within that
particulaY site Unfortunately because of the turn lanes vou re actuallv ending up with
six lanec, And, if you look in the centei with the median you don t really have a place for
anybody to stop and be safe So, frankly the ways the i o d design within this area have set
it up to not really allow or encourage a lot of movement back and forth the major road
So I think it will really probably be more in the mode of being vehicular That just the
way it i
Ronald Ripley fir Miller has a question also
Robert Miller Since I think I have moie direct responsibility for the way roads end up
and Mr Sanders was very nice to sav those engineers did this It is the engineers that did
a lot of it And will and I both know that And the fact is it set up for movement of
vehicles versus the movement of pedestrians But I think vour answeis. initially when
you go back to the host The cow pat system does work People will find their wa . and
in fact it it is someone that want to walk to the wal-mart they 11 find a waif to be able to
do that And they ill take the ate t route I rn ver% much unconi irked that they ill
run across the middle trying to get acro�� there They 11 go down to signals and they' 1 I
learn how than method works while walking perhaps through the village to get to those
exit points that are more comfortable for them But I think that % the answer is that we
provided methods foi the pedeti ians to be able to get across to the retail side of things
But they re going to choose to make that decision conscientiously{ and a lot �f people ale
doing that there and I think that is one of the things that we do want to encourage one of
the things the developer per deserves a lot of credit for ig the change hom the retail to this
was before and that ha n t been paid vet Two, this type of development, a re idential
development that s going to offer a great opportunity{ for the mixing of our community
here and as Burrell has said before and John too and Wendy to some extent of the idea o
having a community a Village here adjacent to the residential con-i-munity that is on the
other side of the canal to go to the retail is much more beneficial and I think these other
Item #1
Lake Gem L L C
Page
things do work out Unfortunately the roads were set up and they were set up for a
commercial, remember a eommercia] site here instead of this residential use and I'm just
very much encouraged with what they've done I think you ve clone a great plan d think
it looks extremely just very innovative, the idea of the village concept The different
types of units that you put in there adjacent to the residential i uch more powerful to
ihne than the issue of how to get aLro&%N the street even th L]C h I not disconcerned with that
it's just that I think we have and there s a wav to work that out and the best wav is the
wav is the safest way People will find a wav through there so I wanted to tape defensive
what little bit engineering there was left to defend
William Din f wholeheartedly agree with you I love the de -sign I love like I said the
diversity of the type of village that we re allowing here And, I din t have any problem
of
with that I just want to make sure that we continue on with the planning to look at that
aspect of it because as you said the roads are an engineering design for vehicles and not
for pedestrians And the pedestrians do want to get across we shouldn t ut, that as a
harrier
Donald I iplev Gene Crabtree has a comment
Eugene Crabtree Just one other thing This is a great improvement and in order to
induce or try to induce your occupants once you get it built from not going through and
cutting across the lan&capinor you have along Upton Drive these it looks very good and
what you ve done And I don't want to include this in anN, of the protters or conditions
or anvthing but you might want to think about making it of such that it would not be
conducive for your occupants to go through the landscaping to cro across the road and
encourage them to go through the intersection That would be a Great war to eliminate
part of vour problem
Donald Ripley{ okay Any othei comments) Thank you all very much We do have
opposition here so we do need to hear
Robert Miller Mario Rosales
John Gibson Mario has left we have met with Mario and with the civic league prior to
and Mario had a couple of questions and we worked out in the hall and he is adjourned
Ronald Ripley what was Mario s concern
John Gibson Eric's, been meeting with Mario for 30 years
Eric Anderson I'm Eric Anderson and I'm President of Lakeside Construction
Corporation we were the developers of Red Mill Farm and 1 ve been actively engaged
to that for the last 25 years we met %.with Mario and Maim s the President of the Red
Mill Fainis CivicLeague, which we met kvith He hacl a COLIPle of questions one of his
questions was what would be allowed to be stored in the garage,.," Thee were Loncerned
Item #12
Lake Gera L L
Page
with hazardous material and we said that Wendy and her team would ensure that anything
that is Put in there would be cars and handle the storage of bicycles The other issue that
they had was lighting and we said that we would meet with the residents He said he's
going to call my office tomorrow and we would sit down and go over the plan He
going to put an architectural group together from the i idents of Iced hill that are
adjoining the site And, I slid I well be more than happy to go over ever thing We have
a very good relationship And thev were quite vupportive oI us Thank you
Donald l ipl v Thank you
John Gibson And lastly, Mario wanted a proffer that Wendy to manage the property
We would not do that by proffer but we Mould do that by contract
Donald Ripley okav Alright We re open for discussion up here Does anyone have
any comments'
Robert Miller I'll just repeat what I said before very briefly I think the developer
deserves a lot of credit for this innovation for looking at a retail piece that could have
obviously been developed further as ietaii w e have seen an application on a portion of
this property{ and that what has been developed out of it is not only a credit to that piece
of land that you're on but also to that Red Mill area and I think it s going to be beneficial
but it's not to see this type of thinking It's really kind of outside the box where ar
developer has taken rewd and s id okay, I reall % want to make this a 1 ery V Lr
comfortable for the community I want to male it agood investment for mvself" But,
taken that extra step and saving let s go ahead and be innovative and step outside the box,
develop a concept that not even a typical concept for what we would see for an
apartment project So a lot of credit crow to the developer for doing this I think it � a
wondertul plan I m eery much in favor of 1t
Donald Ripley I also think it's a good plan I think this is in keeping with a lot of
di cu ion that we've had in Planning about utilizing land north of the Green Line more
efficiently and this is obviou lv a quality pioject and I agree with Mr Miller It s laid out
on a Mery innovative although it s urban, that s not new but it is rebirth of urban, if you
well and fitting this in this location I think will be sm ce �f ul and I think it s a good plan
also And it s a lot of little things in there that you don t see today in multi -family in this
region so it will be refreshing I thinly We need a motion I think unless somebodv else
haN any other LOmmentg
Eugene Crabtree I'll male a motion that we approve this application and it s conditions
ds already written
Ronald l iplev Gene Crabtree has made a motion to approve 1t Igo I have a second`)
Joseph Strange SeLond
Item 1
Lake Gelb, L. L
Pale 10
Donald lily Seconded by Joe Strange Anv other a rnrnefflO We re ready to vote
AYE 9 NAY 0 ABS 0 ABSENT
ANDERSON
AYE
CRABTI EE
AYE
DIN
AYE
H RSLEY
AYE
KATSIAS
AYE
KNIGHT
ABSENT
MILLER
AYE
RILEY
AYE
SALLE'
AYE
STRANGE
AYE
WOOD
ABSENT
Ronald Ripley vote of 9-0 the notion passes Thank you all very much
F �PFA N 0 F 5' B
n reply Refer To Our File No DF-5693
of Virgirzi� Bach
p 0
DATE larch 12, 2003
I
TO Leslie L Lilley DEPT City Attorney
FROM B Kay Wilso DEPT City Attorney
RE Conditional Zoning Application
Lake Gem LLC and Lakeside/Swanson Nate, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on March 2, 203 1 have reviewed the subject proffer agreement, dated
January 27, 2003, and have determined it to be legally sufficient and in proper legal form
A copy of the agreement is attached
Tease feel free to call me 1f you have any questions or wish to discuss this matter
further
Kw
Enclosure
PREPARED BY
KAtjFmokN & CANoLEs
1200 OLo CoLoNy LANE
VUI1MSBURG VA 23185
LAKE GEM LLC, a vrgmia limited liability company
LAKESIDE/SWINSON NOTE, LLC , a Virginia meted liability company
TO (PRO RED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
at
THIS AGREEMENT, made ttus day of January, 2003, by and between LAIC
GEM LLC, a Virguua hrruted habihty company ("Applicant") (index as "Grantor"),
T.AKFSIDE/SWINSON NOTE, LLC, a Yugirua limited liability company ("owner") (index
as "Grant r"), and THE C1W OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virguua ("Grantee")
WITNESS TH
WHEREAS, Owner is the owner of a certain parcel of property located in the
Princess Anne Ihstnct of the City of Mirgirua Beach, containing approximately 18 b acres
which is more particularly described in Exhi rt A attached hereto and uicorporated herein
by this reference Said parcel is herein referred to as the "Property", and
WHEREAS, the Applicant is the contract purchaser of the Property and has initiated
an amendment to the Zoning Map of the City of Virginia Beach, vrpma, by petibon
addressed to the Grantee, so as to charge the Zoning Classification of the Property from B-2
to (i) candttional A-18, as to that portion ("Parcel El") of the Property identified as Parcel
El" an Exhibit A attached, and (u) conditional 13-2, as to those portions ("Parcel E6" and
Portion of GFIN2414-35-7392
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Parcel E7," respectively) of the Property identified as "Parcel Eb" and "Parcel E7" on
Exhibit A attached, 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
WHEREAS, the Applicant and Owner acknowledge that the competuig and
some es incompatible uses conflict and that in order to permit differing uses on and in
the area of the Property and at the same time to recognize the effects of change, and the
need for various types of uses, certain reasonable conditions governing the use of the
Property for the protection of the community that are not generally applicable to land
similarly zoned are needed to cope with the situation to which the Applicant's rezoning
application gives rise, and
WHEREAS, the Applicant has voluntarily proffered, with the consent of owner, in
wnting, in advance of and prior to the public hearing before the Grantee, as a part of the
proposed amendment to the Zoning map, in addition to the regulations provided for the
A i8 and B-2 ZoYung Distracts by the existmg overall Zonuig Ordinance, the follovnnng
reasonable conditions related to the physical development, operation, and use of the
Property to be adopted as a part of said amendment to the Zoning Map relative and
applicable to the Property, which has a reasonable relation to the rezoning and the need for
which is generated by the rezoning
NOW, THEREFORE, the Applicant and Owner, for each of them, and thew
respective successors, personal representatives, assigns, grantees, and other successors
title or interest, voluntarily and without any regturement by or exaction from the Grantee
or its gaverrung body and vnthout any element of compulsion or quid pro ar for zoning,
2of12
or its goveming body and without any element of compulsion or quid pro guo for zoning,
re omn& site plan, building perrmt or subdivision approval, hereby make the followzng
declaration of conditions and resbncbons which shall restnct and govern the physical
development, operation, and use of the Property and hereby covenant and agree that this
declaration shall constatute covenants running with the Property, which shall be binding
upon the Property and upon all parties and persons claurung under or though the Owner,
its successors, personal represerttabves, assigns, grantee and other successors rn Interest
or title
1 The "RED MILL COMMONS APARTMENT COMMUN , LAKE GEM
LLC ELLI --GFBSON DEVELOPMENT MASTER LAID PL M', dated January 6,2003
("Concept Plan"), which has been exhibited Yted to the Virginia Beach aty Council and is on
file with the Virprua Beach Department of Planrung, shall be, when and as Parcel El is
developed, substantially adhered to as to Parcel El so that there shall be coordinated
design and development of Parcel El m terms of vehicular circulatton, parlun& buffenng,
landscaping tree planting, building to aton, building orientation, stormwater
management facilities and recreational amernhes
2 Vehicular Ingress and Egress for Parcel El shall be hnufied to one (1) entrance
with a median break from existing Upton Drive and one (1) entrance with a medyan break
from eaushng Nimmo Parkway (East) There shall be no vehicular access to Parcel El from
Elsn Green Avenue
f 1
3 On or before completion of the (i) development of, and (n) construction and
occupancy of all buildings on, Parcel El, a Club House wiffi swi '1I' ung Pool to serve the
residents of Parcel El shall be constructed in the areas depicted on the Concept flan
4 At such time as a site Ilan is subntbed to Grantee for the development of
Parcel El, such site plan shall be accompanied by the submittal for Grantee's review of
site lighting plan for Parcel E1
For Parcel El, and on or before development of Parcel E1 is completed, a
landscaped entrance feature shall be constructed with an illuminated monument style
sign(s) as depicted and described on the "LANDSCAPE PLAN AT ENTRANCE -RED
TRILL COMMONS APARTMENT T MMUN lYP, dated January 6,2003, wfuch has been
extubified to the Virginia Beach City Council and is on file with the Virgjrua Beach
Department of Planning
6 The architectural design of the residential buildings constructed within
Parcel E1 will be substantially as depicted on the a dubit (the"Elevabon Exhibd!) entitled
"RED MILL COMMONS APARTMENT COMMUNITY, LAKE GEM LLC. ELLIS--
IB ON DEVEL PMENT, CONCEPTUAL ELEVATION", dated January 6,2003, wluch
has been exlubified to the Virgunia Beach City Council and is on file rvith the Vugirua Beach
Department of Plannmg The predominant exterior building materials shall be synthetic
cedar shake siding and brrck The colors used may nary from those on the Elevation
Exlubit but all will be earth tones The buildings constructed on Parcel El shall set back
a mYnnmum of thirty feet (30) from Upton Dave and Elson Green Avenue
of 1
7 The architectural design of the commercial buildings constructed wittun
Parcels E6 and E , when constructed, shall be compabble with the design of buildings
constructed, or the planned design of bufldungs that may be constructed pursuant t
Section 6 above, on Parcel El The pre ommant colors may vary but shall be earth tones
Accent colors of individual choice are perr utted
The total number of living units perrrutted to be constructed on Parcel E1
shall not exceed two hundred twenty-seven (227) and there shall be provided a aurumum
of four hundred fifteen (415) on -site parking spaces for Parcel El
9 Further conditions may be required by the Grantee during detailed Site Plan
review and admnustrahon of applicable Caty Codes by all cognizant City agencies and
departments to meet all applicably City Code requirements
The above conditions, having been proffered by the Applicants with Owner's
consen#, 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 Properly 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 unplementabon of a new or substantially revised
Zoning Ordnance until specifically repealed The conchhons, however, may be repealed,
amended, or vaned by written instrument recorded in the Clerk's ice of the Circuit
Court of the City of Virgruua Beach, Virg;rua, and executed by the record owner of the
Properly at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or
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a resolution adopted by the governing body of the Grantee, after a public heanng before
the Grantee which was advertised pursuant to the provisions of Section 15 2-2204 of the
Code ofVirgima,1950, as amended d ordinance or resolution shall be recorded along
with sand instrument as conclusive evidence of such consent and if not so recorded, said
instrument shall be void
The Applicant and Owner covenant and agree that
(1) The Zoning Adnurustrator of the City of Virgruua Beach, Vu&nrua, shall be
vested rvi#h all necessary authority, on behalf of the goveriung body of the City of Virginia
Beach, Wr ima, to adrmmster and enforce the foregoing con ibons and restnclions,
including the authonty (a) to order, in wnhng, that any noncompliance with such
conditions be remedied, and (b) to bring legal action or swt to uisurn compliance with such
conditions, including mandatory or prohubxtory in)unchon, abatement damages, or other
appropriate aon, suit or proceeding,
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the regwred bualdi-ng or occupancy permits as may be
appropriate,
(3) If aggneved by any decision of the Zoning Administrator, made pursuant
to these provisions, the Applicant and/or Owner shall petition the governing body for the
review thereof pnor to instituting proceedings in court and
(4) The Zonuig 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 r a hl r available and accessible for public inspection m the office
of 12
f the Zoning Adminjistrator and in the Planning Department and they shall he recorded
in the Clerk's ice of the Circwt Court of the City of Vi r ma Beach, Vi rginua, and
indexed m the name of the Owner and the Grantee
WITNESS the following signature and seal
GRANTOR
LAKE GEM LLC
a Virgirua Lnubed hability company
By Lakeside Croup LLC
Its C -Manager
B4 �
Enc C Anderson
Its Manager
By GEM Sand bnd ge, L L C
Its Co-Mana
B
Jo L Gibson,
v's; anager
COMMONWEALTH OF VIRGIlVIA
CTI'Y OF VIRGIlVIA BEACH, to -wit
The foregoing uistrument was acknowledged before me this � � day of January,
2003, in the above jurisdiction, by En Anderson, Manager of Lakeside Group LLC, a
Virginia hnutied liabiLiy company �e s personally o n to me
Notary Public
My commission expires
7of12
COMMONWEALTH F VIRGENJIA
CITY OF VMGRqIA BEACH, to -wit
The Foregouig instrument was acknowledged before me ttus Z q day of January,
2003, u► the abovejunsdichon, by John L. Gibson, III, Manager of GEM Sandbndge, L L C,
a Virginia limbed habiljty company He 7 rsonaYly known to me
Notary Public
My comQussron expires
oft
W1INESS the following signature and seal
GRANTOR
LAKESIDE/SWINSON NOTE, LLC,
a Virguua linvted Lability company
By Lakeside Construction Corporation,
a Virginia corporation, Managing Member
B C� C
Y
Eric C Anderson
Its President
COMMONWEALTH OF VIRGIlVIA
CTTY OF VIRGINUA BEACH, to -wig
The foregoing instrument was acknowledged before me this day of January,
2003, by Eric C Anderson, President of Lakeside Constrvchon Corporation, a Virgirua
corporation, Managing Member of Lakes e/Swenson Note, L L G a Virginia lirruted
liability company He is personally know to me
My commission e71V3
Tres
�l
Notary public
f 12
EXHIBIT A
1
RED DILL COMWNS
Parcel ET
All that cartam pie or parcel of lard sduate, lying and being in the City of YrBeach
a parbon ('Parcel El') of that parcel of land designated as PARCEL E" on a plat en6�ed ia, and being
SUBDIVISION AND RIGHT OF WAY DFaCgnp� p�qT AT NiMMp PARKWAY AND UPTONENDED
Mph 15 2Q02, sad plat bang r�� in ft ��sOf5m PEON DRIVE; daW
Virginia in Map gook 304 at pages 73-74, said Patel Ebeing m� e r�� �u� Of � QtY °f Virginia ∾h,
parbCUlariy desCnbed as follows
COMMENCING at the jn6ersecbon of tt� east n
line of N�mmo Parkway, �Y 9h%F�vay bne of U� Drr� and the
ay, thence with the southertY ng�t-of-way fine of Nimmo Paflcvva " nght�F way
courses (1) NS8°0�'40'E, a cfstanoe of 49 50 feed (2) theme S66°55'20"E, a drstanc� of 24177 lo g �o (2)
said point marking the proposed northeast comer of P � a Ac+�
desaibed heron, said pam being the � point and ply � BEGINNING, ftnce canhed � nu n and Parcel El , as
�+9ht�Fway line of Nunmo Parkway South S68055200E, S � the sout�y
� Proposed ►�0 st comer of Paroef E7 a distance of 57 96 feet to a porrrt, sand PoInt marking
erne of Nimmo Park
and wrfh the proposed I � �n P�oposed P��arting said saute
following four (4) courses (1) S42034007"W, a distance of 12 d9 fleet ceJ Ei and ProY �9ht-of way
206 08 feel, (3) thence along a curve �rav�ng a radius of 14 posed Parcel Et the
(2) (hence S24 34 04 W� a distance of
9i°29'24", a chord beanng of N21010'38"W, and a chord length � 20 5 feet of (4)2 themt,delta angle of
distance of 250 27 feet � a potn# rying on the wesie�y Une of an exlsbr�g I Q�' dram S6�°��'�'E, a
2355 page 1863), thence along the exisbng eastedy line � Parcel E the fopo�unng�f�u f � (Deed
Book
S23°04'41'W, a fttMot55 84 i+�et, (2) hence along a curve to the I�R hawng a radius of 350 courses (1)
length of 175 63 feet, delta angle � 78�45'd3", a cord �0 f�, �c
feet to a point, thence along anon-tange�al curve f� the �� avrg� a2acGuWs of 267 and ad length of 173 79
125 04 fleet, delta angle of 2fi°48'34", a c?�ord bearing of S37"58'21 "W, and a chord length off 23 90 a{
point of tangency, thence S24034WW, a d�s#ance of 1208 06 het to a point lying on the northd feet ba a
line of Elson Green Avenge, th*rm wd �e northerly nght-of-way line of Elson Green Avenue the II
�Y �g�t-of way
four (4) courses (1) Nfi525'S6"W, a dhstance of 153 61 14ee#, (2) thence N58°35'2t'1N, a distance � owing
feet, (3) thence N65025'56"W, a distance of 64 01 feet, (4) thence along a curve t� tl�e nght haven o f Q0 71
of 20 Qa het, arc length of 30 84 feed, delta angle of 88°2t'42`, a chord beanng of N2i°i5'05"W, and arad�us
fiord
length of 27 8$ feet to a pornt of tangency on the wesbedy right-of-way line of Upton Drive, thence Flo
westerly nght�f-way line of Upton Drive the following four (4) courses (1) N22°55'460E, a distance of 275 th8
feet to a point of curvature, (2) thence along a curve to the left having a radius of 2164 50 feet, arc length
359 53 fit, delta angle of 9°31'03", a chord bearrng of N18°iU'15"E, and a chord length of 35913 o�
Pad (3) them NI8°39'37'E, a distance � gg gg b a feel to a
curve to the left having a radius of 2175 30 fit, ��0�c�rvahue, (4) thence along a non-tangerrbal
c�sfa�oe of 34 48beanng of f,Z5.E' and a chord length of 1 63 49+feet�toa pof � pf feet, � �e 4°t8't0', a chord
�, (6) �rx;e N38 30'4Q W, a distance of 16 97 feet,(7)
Y (� N06o ce NO6°29'20'E, a
Of 154 30 tit to a poirt of curvature, (8) thence along a curve to the nghg a ad�us of 2035 50 distance
arc
length of 438 87 f� � an* Of T�21+13", a chord bearing of N12°39156"E, and a chord !en of 438 0
9� � 2
fleet to a point, thence deparfing sad right-of-way line of Upton Dnve and with the Proposed lines between
10 of 1
Parcel E6 and Pan;el E1 the following four 4 courts 1 S6V55'20"E, a distance of 254 77 feet to a point
of curvature, 2 theme along a curve to the left having a radius of 14 00 feet arc length of 2163 feet d tta
angle of ° o' ", a chord bearing of NW49' "E, and a chord length of 19 54 feet to a point of tangency,
(3) them 1 4*X 4"E, a distance of 208 13 feet to a point of curvature., 4 thence Nob° 4'01 "E, a distance
of 10 43 feet to the true point and ply of BEGINNING, and containing 15 731 acres, more or less
RED MJLL COMMONS
Parma E
All that certain piece or parcel of land, sdua , lying and berm in the Crty of Virginia Beach, M ina, and being
a portion (`Parcel E7' of that parcel of land designated as 'PARCEL F on a plat entded 4A IEf DED
SUBDIVISION AND RiGHT OF WAY DEDICATION PLAT AT NINIMMO PARKWAY AND UPTON DRIVE, a d;3W
March 15, 2002, said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach
Virginia in Map Book 304 at pages 3- 4, said Parcel E7 being bcaW at the northeast corner of Parce# E, and
being more particularly described as follows
COMMENCING at the mbersec:don of the eas" right-of-way line of Upton Dnve and the soiltt+erly right-d-way
line of Nimrno Parkway, thence with the southerly nght-of-way line of NEmma Parkway the fallowing two (2)
courses (1) N68°04'400E, a chstance of 49 50 feed (2) thence S6656200E, a distanoe of 299 73 feet to a pant,
said point marking the a proposed southeast comer of Parcel E1, descnbed hereinabove and the proposed
noRfiwest comer of Panel E7, as descnbed heron, said point being the true paint and place of BEGINIWNG,
thence oonhnuing with the southerly ngfrtofway line of Nimma Parkway South S66°55'200E, a chstance of
254 90 feet, thence departingsad southerly nght-of-way line of Nimmo Parkway and along the westerly line
of a 100' draEnage nghtofway (Deed Book 2555 page 1863) S23°04'41 "W, a distance of 23170 feet, thence
with the proposed between Parcel E7 (described herein) and Parcel E1 (descnbed hereinabove) the following
four (4) courses (1) N56°55'20"W, a distance of 250 27 feet to a point of curvature, (2) thence along a curve
to the right hawing a radius of 14 00 feet, arc length of 22 36 feet, delta angle of W29'24", a chord beanng of
N21 01 0'38'W, and a chord length of 20 05 feed (3) thence 1424904"E, a distance of 206 08 feet, (4) thence
N42 307'E a distance of 12 01 feet, to the true pant of beginrnng, and containing 1 391 aches more or less
III
RED FALL COMMONS
Parcel E
All that certain piece or parcel of lard, situate, lying and bung in the City of if rgrnra Beach, Virginia, and berm
a por on arcel Eta) of the parch of land desrgnar ed as "PARCEL EP on a plat enNed "AMENDED
SUBDIVISION AND RIGHT OF WAY DEDICATION PLAT AT NIMMO PARKWAY AND UPTON DRIVE,' dated
March 15, 2002, said plat bang recorded in fhe Clerk's ice of the Circuit Court of the City of Vir9nia Beach,
Vrginia in Map Book 304 at pages - 4, said Parcel E6 being a northwest corner of Parro l E, and being more
panccula dy descnbed as follows
11 of 12
€f
w
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM City of Virginia Beach -- Amendment to the Zoning Ordinance colleges in
Business Districts
MEETING DATE March 25,2003
■ Background
Amendment to Section 901 of the City Zoning Ordinance to include public or
private colleges and universities as permitted uses in the B-2, B-, B-3A, and B-4
Business Districts
■ Considerations
The City Council by resolution referred to the Planning Commission proposed
amendments to Section 901 ot the CZ , which would allow public or private
colleges and universities as permitted principal i e , of -right) uses in the B-2, 13-3,
13-3A and B-4 Business Districts
■ Recommendations
mmendations
The Planning Commission deferred action on the amendments until their April 9,
2003 hearing Thus, no action by the City Council is necessary at this time
Recommended Action No action necessary
Submitting Department/Agency Planning Departmen
City Manager
CIVIL LAWSUITS RESOLVED DURING THE MONTH
F FL1', 2003
Friends of Ferrell Park way, L L C and A ndrea Kilmer v Ct , * of Virginia Beach —
challenge to Ordinance and Municipal Authority
Dote Disposition details available on request from the City Attorney' Office
BEGINNING NIN at the intemection of the eastedy n ftf-way line of Upton Drive and the -
p ue�i nght way
line of Nimrno Parkway, said point being the true point and place of BEGINNING,thence with the southeo
right-of-way line of Nimmo Parkway the following two 2 courses NW 4' "E a distance of 49 50 feet,
(2) thence S66055'200E., a distance of 24177 feet to a point, thence along the proposed Imes
opo between Parcel
E dmmbed herein) and Parcel E1(described herenabove) ttie following four courses 1) S060R
a chstance of 10 43 feed(2) thence S240MO40W, a distance of 208 13 feet, thence along a curve to the
right ha rig a rachus of 14 00 feet, arc length of 2163 feet, delta angle of ° o' �a chord bearing
of
SW4922M, and a chord length of 19 54 feet, 4 thence N 6°55' o" II, a dhstance of 254 77 feet to a point
on the easterly right-of-way line of Upton Drive, thence wb the easterly right-of-way line of Upton Drive e the
following two courses 1 along a non-tangental curare to then ht having a radhus of 2035 5
feed arc
length of 150 47 feet, delta angle of 4*14'0 0, a chord beanng of N20'05 ' 6"E, and a chord len gth of 150 4
feet to a point of tangency, thence 1 3°04'4o"E, a distance of 46 37 feet to the true point and place of
BEGINNING, and containing 1452 acres, mare or less
#603a827 vl
12 of 1