APRIL 25, 2006 AGENDA
CITY OF VIRGINIA BEACH
A COMMUNITY FOR A LIFETIME
MAYOR MEYERA E. OBERNDORF. At-Large
VICE MAYOR LOUIS R. JONES, Bayslde - District -l
HARRY E. DIEZEL Kempsville - District 2
ROBERT M. DYER, Centerville - District I
REBA S. McCLANAN, Rose Hall- District 3
RICHARD A. MADDOX. Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER W. SCHMIDT. At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E-MAIL: Ctycncl@vbgov.com
CITY MANAGER -JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH. MMC
25 April 2006
I.
BUDGET WORKSHOP
Conference Room
2:00 PM
1. 2006-2007 RESOURCE MANAGEMENT PLAN
a. Virginia Beach City Public Schools
b. Public Libraries
II.
CITY MANAGER'S BRIEFING
Conference Room
3:30 PM
1. PUBLIC INFORMATION AND MARKETING ENHANCEMENT
Gwen Cowart, Director, Communications and Information Technology
Diane Roche, Assistant to the City Manager for Media and Communications
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
V. INFORMAL SESSION
Conference Room
4:30PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
Council Chamber
6:00PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Captain Monica Johnson
Chaplain, First Landing Chapel, Fort Story
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
April 11, 2006
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARING
1. Tax Rate on Real Property for FY2006
I. PUBLIC COMMENT
1. Tax Rate on Personal Property, Machinery and Tools for Calendar Year 2005
2. FY2006-2007 RESOURCE MANAGEMENT PLAN (Operating Budget)
3. FY 2006-2010 Capital Budget (CIP)
1. CONSENT AGENDA
K. RESOLUTION/ORDINANCES
1. . Resolution re the location and major design features re Princess Anne RoadlKempsville Road
intersection improvements and Witchduck Road Phase 1 transportation projects.
2. Ordinance to TRANSFER $1,400,000 within the Capital Improvement Budget (CIP) from Fire
and Rescue Station - Thalia to Fire and Rescue Station - First Landing re increased construction
costs.
3. Ordinance to AUTHORIZE the City Manager to execute all necessary documents to acquire
45.835 acres ofland at 3180 New Bridge Road and APPROPRIATE $1,925,070 from Open
Space Acquisition
L. PLANNING
1. Application ofRADHAKRlSHNA RENUKUNT A and KA VITID VURIMINDI for a Chanf!e
ofZoninf! District Classification from AG-l Agricultural to Conditional R-IO at Chestnut Oak
Way (DISTRICT 7 - PRINCESS ANNE)
DEFERRED
STAFF RECOMMENDATION:
PLANNING COMMISSION RECOMMENDATION:
APRIL 11,2006
ALLOW INDEFINITE DEFERRAL
APPROVAL
2. Applications of HERON RIDGE PROPERTIES II, L.L.c. at 2817 Seaboard Road
(DISTRICT 7 - PRINCESS ANNE)
a. Chanf!e ofZoninf! District Classification from AG-l and AG-2 Agricultural to
Conditional R-15 Residential to develop single-family homes
b. Variance to S4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet
all the requirements of the City Zoning Ordinance (CZO)
DEFERRED: Application for R-20
STAFF RECOMMENDATION: Rezoning
Variance
PLANNING COMMISSION RECOMMENDATION:
FEBRUARY 14 & 28,2006
APPROVAL
ALLOW WITHDRAWAL
APPROVAL
3. Application of EVERGREEN VIRGINIA, L.L.C., CHECKERED FLAG MOTOR CAR
CO., INC. and STEPHEN M. SNYDER, CO-MANAGER re a storage lot for an adjoining
motor vehicle sales and repair facility at 270 Clearfield Avenue (DISTRICT 2-
KEMPSVILLE)
a. Chanf!e of Zoning from R-7.5 Residential to Conditional B-2 Community Business
b. Modification of Conditions (approved on March 8, 2005 and October 23,2001) re
incorporating existing property into newly rezoned lot with accessory parking
RECOMMENDATION:
APPROVAL
4. Application of WILLIAM FOX for a Conditional Use Permit for a facility of an outdoor
nature (paintball park) at 2968 Holland Road (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
5. Application of29 OCEAN, L.L.c. for a Chanf!e of Zoning from RT-3 Resort Tourist, A-36
Apartment and A-12 Apartment to Conditional RT-3 Resort Tourist with a Laskin Road
Gateway Overlay at Arctic A venue and 29th Street (DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
M. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MEAL TAX TASKFORCE
MINORITY BUSINESS COUNCIL
OCEANA LAND USE CONFORMITY COMMITTEE
P ARKS AND RECREATION COMMISSION
SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA
SPORTS AUTHORITY OF HAMPTON ROADS
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
MAY 2,2006 CITY COUNCIL SESSIONS
CANCELLED RE
COUNCILMANIC ELECTION
2006 BUDGET SCHEDULE
April 25 (Workshop)
April 25 (Public Hearing)
May 3 (Reconciliation Workshop)
May 9 (City Council Action)
Council Conference Room
Council Chamber at 6:00 p.m.
Council Conference Room at 3:00 p.m.
Council Chamber
I.
BUDGET WORKSHOP
Conference Room
2:00 PM
1. 2006-2007 RESOURCE MANAGEMENT PLAN
a. Virginia Beach City Public Schools
b. Public Libraries
II. CITY MANAGER'S BRIEFING
Conference Room
3:30 PM
1. PUBLIC INFORMATION AND MARKETING ENHANCEMENT
Gwen Cowart, Director, Communications and Information Technology
Diane Roche, Assistant to the City Manager for Media and Communications
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA ITEMS
V. INFORMAL SESSION
Conference Room
4:30PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
Council Chamber
6:00PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Captain Monica Johnson
Chaplain, First Landing Chapel, Fort Story
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
April 11, 2006
G. AGENDA FOR FORMAL SESSION
.tsolutinn
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
H. PUBLIC HEARING
1. Tax Rate on Real Property for FY2006
I. PUBLIC COMMENT
1. Tax Rate on Personal Property, Machinery and Tools for Calendar Year 2005
2. FY2006-2007 RESOURCE MANAGEMENT PLAN (Operating Budget)
3. FY 2006-2010 Capital Budget (CIP)
THE BEACON
Sunday. April 16. 2006
NOTICE OF PROPOSED
REAL PROPERTVTAX INCREASE
AND PUBLIC HEARING
Tax Increase Caused bv Increase in Annual Assessment
The City of Virginia Beach proposes to increase property tax levies.
1. Assessment Increase: Total assessed value of real property
(including public service properties), excluding additional
assessments due to new construction or improvements to
property, exceeds last year's total assessed value of real
property by 19.30 percent.
2. Lowered Rate Necessary to Offset Increased
Assessment: The tax rate which would levy the same amount
of real estate tax as last year, when multiplied by the new total
assessed value of real estate with the exclusions mentioned
above, would be $0.8582 per $100 of assessed value. This rate
will be known as the "lowered tax rate~'
3. Effective Rate Increase: The City of Virginia Beach proposes
to adopt a tax rate of $0.99 per $100 of assessed value. The
difference between the lowered tax rate and the proposed rate
would be $0.1318 per $100, or 15.36 percent. This difference will
be known as the "effective tax rate increase:'
Individual property taxes may, however, increase at a
percentage greater than or less than the above percentage.
4. Proposed Total Budget Increase: Based on the proposed
real property tax rate and changes in other revenues, the total
budget of the City of Virginia Beach will exceed last year's by
8.96 percent.
NOTE: Although the FY 2006-07 Operating Budget as submitted to
the City Council proposes a decrease in the current real estate tax
rate to $0.99 on each $100 of assessed valuation, the assessment for
individual properties, including public service property, increased
by an average of 19.30%. Since the increase in assessments is over
1.00%. the preceding information was provided pursuant to Code of
Virginia!i 58.1-3321.
Public Hearing
A public hearing on the increase will be held onTuesday, April 25,
2006, at 6:00 P.M. in the City Council Chamber on the second floor of
the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia
Beach, Virginia. This hearing is open to the public, and all interested
persons will have an opportunity to be heard. Individuals desiring to
provide written comments may do so by contacting the City Clerk's
office at 385-4303. If you are physically disabled or visually impaired
and need assistance at this meeting, please call 385-4303. Hearing
impaired, call Virginia Relay at 1_800-828-1120.
Ruth Hodges Smith, MMC
J. CONSENT AGENDA
K. RESOLUTION/ORDINANCES
1. Resolution re the location and major design features re Princess Anne RoadlKempsville Road
intersection improvements and Witchduck Road Phase 1 transportation projects.
2. Ordinance to TRANSFER $1,400,000 within the Capital Improvement Budget (CIP) from Fire and
Rescue Station - Thalia to Fire and Rescue Station - First Landing re increased construction costs.
3. Ordinance to AUTHORIZE the City Manager to execute all necessary documents to acquire 45.835 acres
ofland at 3180 New Bridge Road and APPROPRIATE $1,925,070 from Open Space Acquisition
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Resolution to Approve the Location and Major Design Features for the
Princess Anne Road/Kempsville Road Intersection Improvements (CIP 2-048)
and Witchduck Road Phase I (CIP 2-931) Transportation Projects.
MEETING DATE: April 25, 2006
. Background: These projects are First Cities (Urban Construction Initiative) projects.
The purpose of the Princess Anne Road/Kempsville Road Intersection Improvements
project is to provide capacity to the intersection to better handle existing and projected
traffic volumes. This will be accomplished by providing double left, triple through, and
single right movements at each of the four roadway approaches into the proposed at-
grade intersection and by limiting access onto the new approach roadways.
The Witchduck Road Phase I project will transform the existing four-lane undivided
roadway into a six-lane divided facility. Properties will be purchased along both sides of
the existing alignment, thereby eliminating multiple points of access and possible
vehicular conflicts, which currently hinder sustained capacity and represent an unsafe
situation for residents and motorists alike. Multipurpose paths and enhanced aesthetics
will be provided along both sides of the widened right-of-way. Witchduck Road Phase I
will be constructed along the current Witchduck Road alignment.
. Considerations: In order to proceed to the right-of-way acquisition phase during
summer 2006, a resolution must be adopted by City Council approving the location and
major design features of the projects.
. Public Information: A Location and Design Public Hearing was held on February
23, 2006 to update citizens on the traffic and environmental studies and to receive
comments on the location and major design features of the intersection and roadway
projects. There were approximately 300 citizens in attendance. A total of 19 written
and oral comments were received. Of those who attended and responded, an
overwhelming majority were in favor of the project.
(Continued on next page)
(Princess Anne Rd/Kempsville Rd (CIP 2-048)/Witchduck Road Phase I (CIP 2-931) Agenda- [continued])
· Alternatives: If the resolution is denied, the right-of-way acquisition phase of the
project will not begin and the project will be delayed. A project delay might jeopardize
federal project funding.
· Recommendations: Approve the location and major design features of the projects.
. Attachments: Resolution, Location Maps
Recommended Action: Approval i~ t
Submitting Department/Agency: Public WOrkslEngineerin~<<
City Manager~ l. ~D'ML
1 A RESOLUTION TO APPROVE THE LOCATION
2 AND MAJOR DESIGN FEATURES FOR
3 PRINCESS ANNE ROAD/KEMPSVILLE ROAD
4 INTERSECTION IMPROVEMENTS PROJECT
5 (CIP 2-048) & WITCHDUCK ROAD PHASE I
6 PROJECT (CIP 2-931)
7
8
9 WHEREAS, in the opinion of the Council of the City of Virginia
10 Beach, Virginia, a public necessity exists for the construction of
11 these important roadway projects to improve transportation within
12 the City and for other related public purposes for the preservation
13 of the safety, health, peace, good order, comfort, convenience, and
14 for the welfare of the people in the City of Virginia Beach;
15 WHEREAS, a Location and Design Public Hearing was conducted on
16 February 23, 2006, ("Public Hearing") in the City of Virginia Beach
17 by representatives of the City of Virginia Beach after due and
18 proper notice for the purposes of considering the proposed location
19
and design of
Princess Anne Road/Kempsville Road Intersection
20
Improvements Project (CIP 2-048 / VDOT Project
0165-134-107, PE
21 101, RW 201, C501) and Witchduck Road Phase I Project (ClP 2-931 /
22 VDOT proj ect
UOOO-134-174, PE 101, RW 201, C501) (the "Projects")
23 in the City of Virginia Beach, at which hearing aerial photographs,
24 drawings, and other pertinent information were made available for
25 public
inspection
in
accordance with
state
and
federal
26 requirements;
27 WHEREAS, all persons and parties in attendance were afforded
28 full opportunity to participate in said Public Hearing;
29 WHEREAS, representatives of the City of Virginia Beach were
30 present and participated in said Public Hearing;
31 WHEREAS, the location and design of the Projects as depicted
32 on the attached location maps were selected after extensive
33 cooperation between the City and the Citizen Advisory Committee,
34 comprised of stakeholders in the area of the Princess Anne
35 Road/Kempsville Road/Witchduck Road intersection;
36
WHEREAS, these proj ects are included in the First Cities
37 (Urban Construction Initiative) program; and
38 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
39 VIRGINIA BEACH, VIRGINIA:
40 1. The location and major design features of the Projects as
41 presented at the Public Hearing conducted on February 23,
42
2006, which are set forth on the location maps attached
43
hereto, are hereby approved.
44
2. The City of Virginia Beach will acquire all rights of way
45
necessary for the Projects and certify same to the Virginia
46
Department of Transportation at the appropriate time.
47
48
49
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
day of
, 2006.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Transfer $1,400,000 from Capital Project #3-021, "Fire and
Rescue Station - Thalia" to Capital Project #3-017, "Fire and Rescue Station -
First Landing" to Cover Increased Construction Costs
MEETING DATE: April 25, 2006
. Background: City Council established Capital Project #3-017, First Landing Fire
and Rescue Station, in the FY 2002-03 Capital Improvement Project (CIP) with total
programmed funds of $3,832,000.
On March 22, 2005, Council appropriated an additional $660,000 from three other fire
and rescue station projects to address scope and cost increases for First Landing. This
included an increase in the cost of traffic light construction, the addition of a fourth
apparatus bay to the facility based upon a review of service delivery needs to the Shore
Drive community, and the storage and space demands of both Fire and EMS marine
programs. At the same time, Council also appropriated $60,000 from the fund balance
of the Fire Programs Fund to incorporate a training tower that will accommodate high-
rise and technical rescue training devices. As a result of these Council actions, the total
project cost was shown as $4,552,000 in the adopted FY 2005-06 CIP.
During the current fiscal year, estimates for construction have increased at a rate of
approximately 2% per month due to increases in construction materials such as
concrete and steel. This problem is caused primarily by the massive rebuilding in the
Gulf States from the 2005 hurricane season, which has created an intense demand for
construction supplies. Fuel price increases also have impacted the cost of material
fabrication and transportation.
. Considerations: The low bid for the construction of the First Landing Fire &
Rescue Station brings the total project cost to $5,952,000, a 31 % increase over the
current project budget of $4,552,000. An additional $1.4 million is necessary to award
the construction contract. While the proposed FY 2006-07 budget includes a transfer of
$1,023,432 from the Thalia project to the First Landing project, the current bid is only
good for 90 days. If the City does not award the contract within 90 days, the City may
have to re-bid the project. Given the current condition of the construction market with
costs increasing 2% per month, it is likely that the bid price will increase if not awarded
within 90 days. Furthermore, the transfer in the proposed FY 2006-07 CIP is insufficient
to cover increased costs.
. Public Information: This item will be advertised as part of the City Council agenda.
. Alternatives: To resolve the shortfall in the First Landing project, City Council
has alternatives:
1) Transfer $1.4 million from the Thalia Fire and Rescue Station project to the
First Landing project.
2) Reduce the costs of the First Landing Fire Station project by reducing the
scope of the project. This would require an adjustment to the First Landing
Station by cutting something out of the project such as bays for a ladder truck or
EMS units. This would reduce services and/or delay response time in the service
area since the ladder truck or ambulance and crew would have to be housed at
the Old Donation or Haygood Fire and Rescue Stations.
3) Appropriate $1.4 million from the General Fund fund balance to avoid
impacting the Thalia project. This alternative is not recommended until final FY
05-06 fund balance is known.
4) Transfer $1,400,000 from Capital Project #3-368, Various Site Acquisition.
However, this project's funding is directed towards strategic land acquisition.
· Recommendations: Transfer $1,400,000 from CIP #3-021, Fire and Rescue
Station - Thalia, to CIP #3-017, Fire and Rescue Station - First Landing.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department! Agency: Fire Department
City Manager: ~~ l , 06~
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2
3
4
5
AN ORDINANCE TO TRANSFER $1,400,000 FROM
CAPITAL PROJECT #3-021, "FIRE AND RESCUE
STATION - THALIA", TO CAPITAL PROJECT #3-017,
"FIRE AND RESCUE STATION - FIRST LANDING" TO
COVER INCREASED CONSTRUCTION COSTS
6
WHEREAS, due to the existing market conditions and increasing
7 costs for materials and labor, an additional $1,400,000 is
8 necessary for Capital Project #3-017, "Fire and Rescue Station -
9 First Landing;" and
10 WHEREAS, the additional amount needed may be transferred from
11 Capital Project #3-021, "Fire and Rescue Station - Thalia," with
12 funding to be reprogrammed to this project in future years of the
13 Capital Improvement Program.
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 That $1,400,000 is hereby transferred from capital project #3-
17 021, "Fire and Rescue Station - Thalia," to Capital Project #3-017,
18 "Fire and Rescue Station - First Landing".
19
Adopted by the Council of the City of Virginia Beach,
20 Virginia, on the
day of
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
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Management Services
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CA9967
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R-2
April 13, 2006
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize the acquisition of real property totaling 45.835+/-
Acres located at 3180 New Bridge Road, Virginia Beach, Virginia for $1,925,070 from
Inez P. White
MEETING DATE: 4/25/06
. Background:
The property is located at 3180 New Bridge Road and consists of 45.835 acres.
Approximately 28 acres are in open cropland and 18 acres in forested land. Soils
are classes I and II with 0.9 acres falling below 5.5' elevation. Development
potential is limited to five sites under agricultural zoning. The farm is bordered by
two ARP properties as well as the Back Bay National Wildlife Refuge, BBNWR.
The property is zoned AG-1.
The owners of the property submitted an application for the Agricultural Reserve
Program, ARP, on May 2, 2005. The ARP transaction was not completed
because the appraisal for the property established a value for development rights
that was very close to the value of the fee interest.
The City has pursued the acquisition of the fee interest in the property for Open
Space, and has reached an agreement with the owners to buy the property for
$1,925,070 ($42,000 per acre). The City's Open Space Subcommittee, which is
tasked with the responsibility of screening, evaluating and recommending the
acquisition of parcels of property in furtherance of the open space initiative, has
recommended acquisition of the property at this price.
The BBNWR is interested in purchasing approximately nine acres of the property
that lies within their identified expansion area.
The City has conducted preliminary discussions with the US Army Corps of
Engineers and it has been determined that 28+ acres (of the 36.8 acres
remaining after a sale to BBNWR) might be suitable for wetland restoration. This
could potentially yield 28 mitigation credits. The general expected ratio of two
credits per one acre of wetland loss would apply. These credits would allow the
City to mitigate approximately 14 acres of wetland loss due to wetland damaging
activities, i.e. road projects. Each credit is valued at approximately $14,000,
which would yield a total of $392,000. Additional field studies would need to be
conducted in order to verify available wetland restoration credits with the US
Army Corps of Engineers.
· Considerations: Purchase the property for multiple outcomes for City, including
the furtherance of the open space initiative and potential wetlands mitigation, as
well as a potential sale of a portion of the property to the BBNWR.
. Public Information: Advertisement of City Council Agenda
· Alternatives: Do not adopt the Ordinance and do not acquire the property.
· Recommendations: Purchase the above property for $1,925,070.
. Attachments: Ordinance and Location Map
Recommended Action: Approval
Submitting Department/Agency: Public Works ?f~
City Manager: ~s ~ _ ~~
1
2
3
4
5
6
7
8
?
AN ORDINANCE TO AUTHORIZE THE
ACQUISITION OF REAL PROPERTY
TOTALING 45.835+/- ACRES LOCATED AT
3180 NEW BRIDGE ROAD, VIRGINIA
BEACH, VIRGINIA FOR $1,925,070 FROM
INEZ P. WHITE
WHEREAS, INEZ P. WHITE ("White") owns a 45.835i acre parcel of
10 real estate located at 3180 New Bridge Road, in the City of
11 Virginia Beach, Virginia (the "Property");
12 WHEREAS, White desires to sell the Property to the City of
13 Virginia Beach (the "City");
14 WHEREAS, the City's Open Space Subcommittee has identified the
15 Property as a parcel to be considered for acquisition as part of
16 the City's open space ini tiati ve, and has recommended that the
17 Property be acquired for such purposes;
18
WHEREAS, the City Council of the City of Virginia Beach,
19 Virginia (the "City Council") is of the opinion that the
20 acquisition of the Property would further the City's open space
21 initiative;
22 WHEREAS, funding for this acquisition is available in the Open
23 Space Acquisition CIP account (CIP 4-004).
24 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
25 BEACH, VIRGINIA:
26
1.
That the City Council authorizes the acquisition of the
27 Property by purchase pursuant to ~ 15.2-1800 of the Code of
28 Virginia (1950), as amended, which Property is shown on Exhibit A
29 attached hereto.
30
2 .
That the City Manager or his designee is further
31 authorized to execute all documents that may be necessary or
32 appropriate in connection with the purchase of the Property, so
33 long as such documents are in accordance with the Summary of Terms
34 attached hereto and acceptable to the City Manager and the City
35 Attorney.
36
Adopted by the Council of the City of Virginia Beach,
37
Virginia, on the
day of
, 2006.
CA-9867
X:\OID\REAL ESTATE\Acquisitions\WORKING - DEEDS\Open Space Project\DF6373 - White, Inez\ord.doc
R-1
April 14, 2006
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
if
~(J~ - -
/Public Works/Real Estate
EXHIBIT A
LOCA liON
PROPERlY OF INEZ P. WHITE
GPIN 2413-71-0629
SCALE: 1" = 800'
AGENDA MAP;lNEZ WHITE.DGN M.j.S.
PREPARED BY PNV ENG. CADD DEPT.
NOVEMBER 30, 2005
SUMMARY OF TERMS
AGREEMENT FOR THE SALE OF
APPROXIMATEL Y 45.835 ACRES OF PROPERTY
LOCATED AT 3180 NEW BRIDGE ROAD,
VIRGINIA BEACH, VIRGINIA
OWNER:
Inez P. White
BUYER:
City of Virginia Beach
SALE PRICE:
$1,925,070 payable as follows:
$20,000.00 Deposit to be held by Byrd Realty, Inc. as Escrow Agent
$1,905,070 at Settlement by check.
SETTLEMENT
DA TE:
On or before 75 days after AlS is fully executed (March 8, 2006). Due
Diligence is 60 days after contract fully executed. Settlement to occur within
15 days of that date.
SPECIAL TERMS
AND CONDITIONS:
· Property must be conveyed free and clear of all leases, tenancies and right of
possession of any and all parties other than the City.
· Seller shall prepare Deed conveying title to the Property to City and pay all expenses of
preparation of the Deed, the grantor's tax and its own attorney's fees and costs.
· City shall bear all other costs of closing and there shall be no change of use to trigger
"Roll Back" taxes unless City pays such taxes.
X:IOID\REAL ESTATElAcquisitionslWORKING - DEEDSIOpen Space Project\DF6373 - White. Inezlsummaryofterms.doc
L. PLANNING
1. Application ofRADHAKRISHNA RENUKUNT A and KA VITHI VURIMINDI for a Chanf!e
ofZoninf! District Classification from AG-l Agricultural to Conditional R-IO at Chestnut Oak
Way (DISTRICT 7 - PRINCESS ANNE)
DEFERRED
STAFF RECOMMENDATION:
PLANNING COMMISSION RECOMMENDATION:
APRIL 11,2006
ALLOW INDEFINITE DEFERRAL
APPROV AL
2. Applications of HERON RIDGE PROPERTIES II, L.L.c. at 2817 Seaboard Road
(DISTRICT 7 - PRINCESS ANNE)
a. Chanf!e ofZoninf! District Classification from AG-l and AG-2 Agricultural to
Conditional R-15 Residential to develop single-family homes
b. Variance to S4.4 (b) ofthe Subdivision Ordinance that requires all newly created lots meet
all the requirements of the City Zoning Ordinance (CZO)
DEFERRED: Application for R-20
STAFF RECOMMENDATION: Rezoning
Variance
PLANNING COMMISSION RECOMMENDATION:
FEBRUARY 14 & 28, 2006
APPROVAL
ALLOW WITHDRA W AL
APPROV AL
3. Application of EVERGREEN VIRGINIA, L.L.C., CHECKERED FLAG MOTOR CAR
CO., INC. and STEPHEN M. SNYDER, CO-MANAGER re a storage lot for an adjoining
motor vehicle sales and repair facility at 270 Clearfield Avenue (DISTRICT 2 -
KEMPSVILLE)
a. Change ofZoninf! from R-7.5 Residential to Conditional B-2 Community Business
b. Modification of Conditions (approved on March 8, 2005 and October 23,2001) re
incorporating existing property into newly rezoned lot with accessory parking
RECOMMENDATION:
APPROVAL
4. Application of WILLIAM FOX for a Conditional Use Permit for a facility of an outdoor
nature (paintball park) at 2968 Holland Road (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
5. Application of29 OCEAN, L.L.c. for a Chanf!e ofZoninf! from RT-3 Resort Tourist, A-36
Apartment and A-12 Apartment to Conditional RT-3 Resort Tourist with a Laskin Road
Gateway Overlay at Arctic Avenue and 29th Street (DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
THE BEACON
Sunday, April 16, 2006
_4lf.;::;~'j'p"
i, " " 'Public KearingS >' , : ,:'" ,~
NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet in the Chamber at
City Hall, Municipal Center. 2401 Courthouse Dnve.
Tuesday, April 25, 2006 at 6:00 p.m. The fOllowing
applications will be heard:
DISTRICT 6 - BEACH
29 Ocean. L.L.C, Application: Chane:e of Zonine: Dis-
trict Classification from RT-3 Resort Tourist . A-36
Apartment and A-12 Apartment to Conditional RT-3
Resort Tourist with a Laskin Road Gateway Overlay at
Arctic Avenue and 29th Street. (GPINs
24280122750000: 24280122230000:
24280112720000; 24280112210000;
24280114720000; 24280114200000:
24280103790000; 24280103080000). The Compre-
hensive Plan recommends use of this site and the sur-
rounding area for resort-oriented mixed uses consistent
with the plan's goals and design guidelines.
DISTRICT 7 - PRINCESS ANNE
I William Fox Application: Conditional Use Permit for a
recreational facility of an outdoor nature
(paintball park) at 2968 Holland Road (GPIN
149!:i3347740oo0).
Heron Ridge Properties II. L.L.C. Application: Chane:e of
Zonine: District Classification from AG-l and AG-2 Agri.
cultural to Conditional R-15 Residential at 2817 Sea.
board Road (GPINs 24036750380000;
240366472!:i0000). The Comprehensive Plan desig.
nates this site as being within the Princess Anne Transi.
tion Area, suitable for housing using creative planning
I and development techniques. The purpose of this rezon-
ing is to develop single-family homes.
DISTRICT 2 - KEMPSVILLE
Evergreen Virginia. L.L.C. & Checkered Flag Motor Car
Co.. Inc. Application: Chane:e of Zonine: District Clas-
sification from R- 7.5 Residential to Conditional B-2
Community Business at 270 Clearfield Avenue (GPIN
14676623900000). The Comprehensive Plan desig-
nates this site as being part of the Primary Residential
Area, suitable for appropriately located suburban resi-
dential and non-residential uses consistent with the
pOlicies of the Comprehensive Plan. The purpose of this
zoning change is to redevelop the site for a storage lot
related to an adjoining motor vehicle sales and repair
facility.
Evergreen Virginia. L.L.C. & Stephen M. Snyder. Co-Mgr..
Application: ModifICation of Conditions (approved on
March 8. 2005 and October 23. 2001) at 270 Clear.
field Avenue (GPIN 14676623900000).
All citizens are invited to attend.
r;~~ ,4,-
Ruth Hodges Smith. MMC
City Clerk
II
C
\"
Copies of the proposed ordinances. resolutions and F
amendments are on file and may be examined in the
Department of Planning or online at
hUD:/ /www.vbf!ov.com/deDt/Dlanninl!/boards/oc/. r
For information call 385-4621. ~
t
If you are physically disabled or visually impaired
and need assistance at this me~ting. please call the
CITY CLERK'S OFFICE at 427-4303.
Hearing impaired, call: TDD only at 427-4305. (TOD _
Telephonic Device for the Deaf).
Beacon April 9 & 16. 2006
14897588
14
ROBERT SCOTT: Yes. I think, once again, I think we
could do it in two weeks. But I want
to say, again, I think the proffers need to say that we will
work with the applicant toward that goal without commitment
because we may not find it's a good idea after we look at it.
EDWARD BOURDON: Councilman Reeve, we certainly can
revise the proffers to provide the
language as Mr. Scott has indicated and have that and be back
in two weeks very easily. I think, I certainly agree with
Mr. Scott, as you go south you may find, because there is a
large lead ditch that runs east-west across that property to
the south, that it may become problematic to extend it to the
south. But, again, that wouldn't be something this applicant
would have any obligation to do in terms of putting it across
the other piece of property.
COUNCILMAN REEVE:
I understand.
EDWARD BOURDON:
We're happy to add that provision to
the proffers, if that's the desire of
Council.
COUNCILMAN REEVE: Well, with that being said, if anyone
else has comments, I propose a
two-week deferral to look into this situation.
COUNCIL LADY WILSON:
Second.
MAYOR OBERNDORF:
Any discussion of the motion? Are we
ready for the question for a two-week
deferral?
CITY CLERK: By a vote of 11 to 0, you have
deferred for two weeks the
application of Mr. Renukunta and Mr. Vurimindi.
(Whereupon, the discussion of this matter was
concluded.)
13
COUNCILMAN REEVE:
So, your first iteration was for six
lots.
EDWARD BOURDON:
Yes. The original application was
for six lots.
COUNCILMAN REEVE:
Working with staff, they reduced it
down to five.
EDWARD BOURDON:
It was reduced down to five primarily
to avoid any flood plain impacts,
whatsoever.
COUNCILMAN REEVE:
Mr. Scott, on the dedication of this
piece of property to have a trail
is that something that would allow us to move forward
or does that need to be more spelled out and clear in
before we make a vote on it?
segment,
tonight,
the plan
ROBERT SCOTT: Well, the proffers have to be
modified. If you want to do two
proffers, it does have to be modified. It would have to be
modified. The other thing I would urge to you is I think
you're going to see that there is a big difference between
looking at a map hanging on a wall in Council Chambers and
what you see when you're out in the field in that there is a
lot of flood plain out there (inaudible) in making that
connection. We may find it's fine, but I think you're going
to have to do some field work to determine whether that's, in
fact, a good idea when you get out there. So, I wouldn't want
to commit an applicant to doing it. I don't think it's
inappropriate to ask him to look into it and evaluate it with
the staff.
COUNCILMAN REEVE:
Mr. Bourdon, is that satisfactory to
you?
EDWARD BOURDON: Yes, Councilman Reeve. We are very
amenable to working with staff to try
to create a trail that would have the potential to connect and
be in a position that would be utilizable by the properties,
themselves. We'd be glad to do that.
COUNCILMAN REEVE: Is this something, Bob, a two-week
deferral? Mr. Bourdon, what would
you think would be a time that we could actually go out and do
a site inspection and see if it's actually probable to do
that? Two weeks? Can proffers be modified and be brought
back to us within a two-week deferral?
12
the property to the north put in, and we need you to connect
to that"; I think that's very easily done. And I don't know
of any client that I would have ever represented that wouldn't
have readily said "sure, we'll do that", but I don't know that
I can do it at this point and make it binding on anybody.
and 4 possibly needing a
and 2 seem to be more in
I understand that. On the flood
plain issue, staff talks about Lots 1
variance, but it looks like Lots 3
the Zone AE.
COUNCILMAN REEVE:
EDWARD BOURDON: There would not be the need for a
variance. All of the lots meet the
requirements, in terms of the amount of square footage that is
outside of any flood plain both for lot width and lot square
footage. So, that's all taken care of.
It is conceivable that with regard to Lot 3 that when it is
developed as it is currently depicted that there might be a
portion of the house, a slight portion, that might encroach
into the flood plain that they could seek a variance for, but
it could clearly be avoided if they had to, and it would be a
question of mitigation, whether the mitigation would exceed
the impact.
But if that were not something that would be granted by the
staff administratively, then they could build on all of the
lots without a flood plain variance. And, again, there is
ample area outside the flood plain to still be able to
accommodate a trail, but recognize also that a trail can be
placed in the flood plain, just not in the flood way, because
a flood plain is dry land 99% of the time. It's just the
flood way that you avoid any impacts to.
COUNCILMAN REEVE:
Perfect place for a trail, really.
EDWARD BOURDON: It is. It's a great place for a
trail, and there's plenty of open
space here that would be accommodating of a trail.
COUNCILMAN REEVE: Mr. Scott, that picture is different
than the one in our book.
EDWARD BOURDON:
Yes.
That's not --
COUNCILMAN REEVE:
That's not accurate.
EDWARD BOURDON: No. Actually, that's an earlier
six-lot subdivision that was an
earlier iteration and that is not the plan.
11
EDWARD BOURDON: We certainly can do that, but there
really isn't anywhere to connect the
trail other than that small amount, the little
COUNCILMAN REEVE: Directly south to the roadway.
EDWARD BOURDON: Right. I think the obvious, place to
put a trail connection would be here.
COUNCILMAN REEVE: And down south to the existing
roadway.
EDWARD BOURDON: Right, but this property, in order
for it to develop, has got to come in
for a rezoning, and you'd have the ability when and if this
ever came in to connect this way and/or any other way you
might encourage the property owner to develop the property at
that time with a trail.
COUNCILMAN REEVE: I guess, my question is if that could
be done in advance of his
redevelopment. That way, there's something that's functional,
we just don't build a trail to nowhere, but that the owner
agree to that or at least have the conversation with that
owner to see if he would agree to that in advance, knowing
that if he needs to redevelop that it may be modified to
accommodate his needs, but at least we --
EDWARD BOURDON: Mr. Reeve, I'm more than happy to try
to have a conversation with the
owners of that property in that respect. I don't know in the
context of what this property owner can do and what we're
asking the Council to do that I'm not really sure that I can
accomplish something that's going to bind another, because
that person could sell the property and there is nothing of
record. I don't really know that we can -- I don't want to
give any false impression that there is anything that really
any of us can do to bind the adjoining property owner, or if I
were representing or were the adjoining property owner that I
would agree at this juncture without knowing how my property
is going to develop, that we'll agree to a trail that goes
just here and there.
But I certainly think that the Planning Department and this
Council, City Council, can require when someone comes in and
tries to rezone the property, "we put this trail connection
here", just like you would have if this had been a residential
rezoning, "we put these road stubs here, we need you to use
those. We've got this trail here. If you want the rezoning,
we need you to use this trail that we have had the owners of
10
cul-de-sac and going to the south. We certainly can only go
to our property line, and I don't think the folks -- well, I
don't want to speak for the folks in Saville Gardens, but I
don't know that if they own that property that there's any
ability, it's private property, to use any of their property
for a trail. But we certainly would have -- the City would
have the potential to have it extend when the property below
came in for some type of rezoning, the AG property, when I say
"below". We would not have an aversion to doing that. That's
something that could certainly be done, and it could certainly
be done at the subdivision review process or however you want
to handle it. I guess, theoretically, we could --
COUNCILMAN REEVE: Right now, the way it's designed,
your lots are larger than they need
to be for R-10; is that correct?
EDWARD BOURDON: That is correct.
COUNCILMAN REEVE:
There is some potential.
EDWARD BOURDON: There is clearly the potential there
to place a trail that would come off
of the cul-de-sac and come to the south. We couldn't extend,
again, without some cooperation from Saville Gardens. We
couldn't extend to the east, but we certainly could come down
to the south and provide a potential. I think it was one time
anticipated there might actually be a road coming through to
connect those two, but I don't see that as being the intent
any longer because I don't think we want to encourage
residential on that intervening larger piece of property.
I think that was the thought when these subdivisions were done
many years ago, that the whole thing would wind up being
residential, but I don't think that's now the thinking. So,
that's why doing a cul-de-sac here, and basically ending the
residential, the additional residential, with this piece so
that he would be able to make a cogent argument that the
remainder, that property, should be something other than
residential. I think that's what the cul-de-sac does. We're
happy to revise the plan to include a trail connection to the
south and/or to the east, but I just don't know that we can
make something happen to the east, as far as that P-1.
COUNCILMAN REEVE: Do you think you would be able to,
that you could coordinate a meeting
with whoever the land owner might be of the AG-l/AG-2 to see
if they would be willing to allow a trail connection to be
made in the short term, knowing they may want to redevelop it
and it may have to be modified down the road?
9
MAYOR OBERNDORF:
Please, Mr. Reeve.
COUNCILMAN REEVE: Mr. Bourdon, as you know with the
Transition Area, which this is not in
the Transition Area, a lot of discussion has been with
connectivity and some type of Open Space dedication to that
connectivity. Unfortunately, that southern piece does not
marry up with that existing neighborhood to the south, but
would your client entertain the idea of looking to redesign to
allow some type of connectivity that could be in the future if
the AG-l does come forward to make that connection with the
adjoining neighborhood in a non-vehicular manner?
EDWARD BOURDON: Absolutely, and it's a very viable
request. We certainly can design the
subdivision without significantly changing the layout of the
lots to create a path coming off of the cul-de-sac coming to
the south that would be able to be connected through to the
neighborhood to the south and to anything that might develop,
again, on the AG-l/AG-2 property that is between this
neighborhood and the neighborhood to the south, which I
personally believe is more likely to develop into something
other than residential because of the fact that it has that
potential that this property doesn't have.
COUNCILMAN REEVE:
Do you know who the owner of that
property is?
EDWARD BOURDON: My understanding is a portion of it
is owned by a partnership, and it may
be entirely owned by a partnership, but I don't know all of
the members of that partnership. The property used to be a
blueberry farm, and I did have the privilege of representing
the people who owned it for many, many years, but they sold it
a number of years ago, and it's owned by a group. I have been
told that there has been discussion of the potential of some
form of a day care or child care facility or some other
office-type use on that property, and I've basically been
asked by some folks to look at it. And my discussion, it was
a realtor, was I felt like there were a number of uses that
the Navy would approve of that could go on that piece of
property, but I don't feel the same is true for this piece of
property at all, given its location at the end of the street.
COUNCILMAN REEVE: Your applicant would be willing to
take some time to try to redesign?
EDWARD BOURDON: We certainly don't have a problem
trying to create a pathway for
pedestrians or a multi-purpose trail even coming off the
8
ROBERT SCOTT:
In going about determining what we
think is
COUNCILMAN MADDOX:
Five.
I mean five, I'm sorry.
ROBERT SCOTT: -- in going about determining what we
think is the most reasonable use, we
look at what's surrounding it.
COUNCILMAN MADDOX:
Right.
ROBERT SCOTT: We look at what's to the north of it.
We look at what's to the west and the
east and the south and look at what the densities are in those
areas. And it appears to us that the number of lots and the
size of the lots that are here is in keeping with what's
around it. Accordingly, we think that's the lowest density
that would be reasonable on the property. To go with lower
density would be to treat -- would be to single this property
owner out and treat him differently than the others. My
opinion is that the density that's being applied for here is
the lowest reasonable density on the site, and that's
determined by looking at what's around it.
COUNCILMAN MADDOX:
Great.
Thank you very much.
MAYOR OBERNDORF:
Any other discussion? Mr. Reeve?
COUNCILMAN REEVE: Thank you, Madam Mayor.
Mr. Scott, one of the concerns I had
is the location of the property in context with the
preservation and obviously some of the flood plain that's
talked about, the Southern Watershed Act.
Also, my concern, the AG-l and AG-2 that are below it, is that
owned by a single owner, do you know, and are there any
proposals coming forward? I say that in the context of
connection. My biggest thing is, if we're going to do infill
development, are there abilities to make other connections,
not necessarily street connections, but at least trail
connections that can give the ability for the neighborhoods to
be tied together and they don't have to get out in their car
to go to Holland Road just to have their child go from one
neighborhood to the next to visit a friend? Do you know of
any intent of that AG-l or AG-2 to come forward? Is it owned
by a single person?
ROBERT SCOTT:
I don't, no.
I don't know.
COUNCILMAN REEVE:
If I could follow up, Ma'am?
7
COUNCIL LADY WILSON:
Thank you.
EDWARD BOURDON: The townhouses that Mr. Wood was
speaking of, as you can well see, are
located to the north, separated by P-l property that is a part
of their association. The nearest home that would be built on
this 5 lot extension of this street and subdivision would be
well over 150 feet from any home, probably more like 200 feet
from any home, in their townhouse community.
The Agricultural Zoning on this 2.41 acre parcel is clearly
not the appropriate zoning for this piece of property. And
given the surrounding zonings and land uses, what has been
proposed is the most appropriate use for this property which
has the reflected decision and recommendation of your
professional staff and your Planning Commission. And the
amount of dollars and cents that the City tax payers are going
to have to be paying to buy up land in APZ's and in 75 and
above dB's and out in the 65 to 70 dB in the Inter-Facility
Traffic Area, as, again, if you'll read the letter that I
passed out to you where the Navy is clearly opposing
development, even though in that case it's consistent with,
the development is consistent with, what our JLUS Study
adopted by this Council says, as this is.
When you look at the two and the amount of money and resources
that we're going to be spending as tax payers, the idea that
we are not going to develop five or might not develop five
$400,000 homes at the end of this cul-de-sac in this
residential area, I think, is some question in my mind if
that's an appropriate use of our tax payer dollars, because I
suspect if we don't do something like this there will be a lot
of compensation that will be due to the property owner. I
think the staff recommendation, as well as your Planning
Commission recommendation, is the right way to go, as there is
no other reasonable use of this piece of property.
Thank you.
MAYOR OBERNDORF:
Mr. Maddox?
COUNCILMAN MADDOX: I've got a question for Bob Scott.
I'm jumping ahead to the next
application, but I'm reading the letter from the Navy and I
think it applies to this case, too. It talks about no other
reasonable use for the land. I'm okay with that. If you pass
that test, then it says "the Council shall approve the
proposed use of the property at the least density or intensity
that is reasonable". Give me your feelings about the eight
houses here on this piece of property.
6
back in here of Parkside Green is flooded when we have a lot
of rain. So, we had a bad problem with people getting their
trash cans out from the back of the house to the front. I
worked with the City on this also to take care of this
problem.
I know you received a letter of January 26th, 2006, from the
CO of Naval Air Station Oceana, issued a letter to Ms. Carol
Smith requesting this property not be used as a home due to
the 70-75 Decibels Day and Night. Also, it's an AICUZ Zone.
And they recommend and strongly discourage this be used for a
home. Our community has never received any information about
changes in our community until we see orange signs or somebody
reads a thing on the Planning Commission by the Beacon. We
just found out about Bernard Farms about a year ago. That
popped up and nobody told us about it.
Now, we found out watching the Planning Commission on VBTV 48
that we're going to have a 2900 Block of Holland Road, they're
going to have a paint ball court that's going to be talked
about. This is dumping more vehicles onto Holland Road, which
is already inundated with vehicles, as you probably well know.
The City has constantly told us every time a new subdivision
goes on Holland Road that "we'll make a new road for you and
get it widened". So far, we've had seven subdivisions and the
road is still two lanes. The residents enjoy the quality of
life and woodland environment, even though we live near the
busy Holland Road. It's a tranquil oasis for the hurried
lifestyle days of the world.
Since the BRAC Ordinance, you've established a lot of
troubles, and we would like to see this property made a P-l
Zone. I thank the Council very much for allowing me to
present this and thank you for your great work.
MAYOR OBERNDORF: Thank you, Mr. Wood.
Mrs. Wilson?
COUNCIL LADY WILSON: I wanted to ask Mr. Scott a question.
Mr. Scott, if we didn't change the
zoning, could one house be built on that property?
ROBERT SCOTT: Yes.
COUNCIL LADY WILSON: So, the owner could still build his
house?
ROBERT SCOTT: Well, we would allow -- we would
treat it as one lot and there could
be one house built on it. I think that's the correct answer.
5
and we're talking about a development that will be 2 units per
acre, which is less density than the vast majority of the
development that already exists out there all around it.
COUNCILMAN WOOD:
All I know is I'm just reading what
he said. His initial intent,
said to the Planning Commission, was that
single home.
according to what he
he wanted to build a
EDWARD BOURDON: I wasn't there, Mr. Wood. And I do
think, if you want my client to come
up and speak, there may be some language and some
understanding issues, and I'll be happy to have him come up
and address that, if you'd like.
COUNCILMAN WOOD:
It's just in the verbatim, and that
was what I was reading.
EDWARD BOURDON:
Thank you.
CITY CLERK:
Daniel Wood. Mr. Wood, you'll have
three minutes.
DANIEL WOOD:
evening.
Mayor Oberndorf, Ladies and Gentlemen
of the Virginia Beach Council, good
MAYOR OBERNDORF:
Good evening.
DANIEL WOOD: My name is Daniel Wood, but most
people know me as Woody. I live at
2852 Saville Garden Way. I'm assigned as Special Assistant to
the President of Parkside Green Community Association to
represent the community. This application for the subdivision
of Chestnut Oaks on Chestnut Way is 2.5 acres and presently is
located in an area zoned P-1 and to the north and the east of
your area, here and here.
When Parkside Green was originally established in 1991, the
Council looked at the developer and we had 84 acres that we
were working with. They decided to preserve half of that as
natural area, and that's where you get the P-1 from. The rest
of it was developed for 249 townhouses. The natural area was
a big selling point of interest, and buyers and many home
owners paid extra money for land for the property by the
wooded area and also by the water area.
About four years ago, Phase II over here came in, and since
then we've had a big flooding problem. Their elevation is
higher than ours, and a lot of our water, a lot of this area
4
MAYOR OBERNDORF:
Mr. Schmidt?
COUNCILMAN SCHMIDT: Mr. Bourdon, I think I know the
answer to the question, and I believe
it came up at the Planning Commission Hearing, but your client
is not interested in any kind of delay on this; he wants to
proceed this evening?
EDWARD BOURDON: Yes, he does need to proceed this
evening. He owns the property and he
has a contractor lined up to build his own house on one of the
lots. I was not at the Planning Commission Hearing. I was
out of the country at the time, so I can't speak to what was
discussed there. But he's the owner of the property, he has
contracts to proceed to build his own house on Lot 1 and needs
to get going. His wife is anxious to get started on their
house. This is not a scenario where it's just a developer
speculating. This is property that they own and they want to
go ahead and get started on it.
MAYOR OBERNDORF:
Are there any other speakers?
CITY CLERK:
Yes, Your Honor.
I have one other.
MAYOR OBERNDORF:
If there are no other questions for
Mr. Bourdon --
COUNCILMAN WOOD:
I actually have one for Mr. Bourdon.
MAYOR OBERNDORF:
Mr. Wood?
COUNCILMAN WOOD: And I know you weren't at the
Planning Commission meeting, but the
verbatim indicates that your client, initially, it says, his
personal interest on the project was he wanted to build a home
for his family. And that was his original idea, but then
after he went to the Planning Staff he decided he wanted to
expand; is that accurate?
EDWARD BOURDON: That's not anything that I have any
knowledge of, Mr. Wood. My
understanding is he bought the property with the intent to --
because you have to extend the cul-de-sac on the property,
which is a considerable expense, and he desires to divide the
property.
COUNCILMAN WOOD:
It's the 12th line in the verbatim.
EDWARD BOURDON:
I do not have the verbatim, Mr. Wood.
The property is 2.4 acres of land,
3
residential use here.
In fact, the Planning Department and previous Councils
obviously anticipated the potential to extend roadways to
incorporate them into these properties. And that will
probably not happen with regard to the other properties, but
with regard to this there is no other viable use of the
property. The proposals for a 5-10t subdivision with the same
zoning as the adjacent property, the lots are all larger than
R-IO lots, and there's proffered elevations for the homes, as
well as square footage for the homes which will be consistent
with the other homes in that community. The price range will
be in the $350,000 to $400,000 price range.
It's pretty much a rubber stamp easy application. However,
with the JLUS/AICUZ scenario, I understand that everybody
wants to take a look at it. But what we propose and what was
adopted by Council, what the Joint Land Use Study said, is
that when there's no other alternative, reasonable or viable
use of the property, which there certainly isn't in this
instance, that residential is the only reasonable use. We
certainly don't want to impact this neighborhood by putting a
hog farm there or some other agricultural use which really
isn't consistent with our Comp Plan for this area. You've got
a letter from the Navy, which I would characterize as a
boilerplate letter that specifies similar to the language that
you saw two weeks ago on the Munden Application, and I could
characterize it as stating their position but not being
adamantly opposed to the application.
I do have another letter, which I will pass out if the Council
wants to see it, on another application that the Navy is
clearly opposed to, which is worded quite differently, but
because there was some conversation a couple of weeks ago I
made sure I brought it. Because, again, while the Navy
certainly isn't going to stand up and support any application,
their letter here clearly says and recognizes the potential
that there is no other reasonable use allowed, vice the letter
that I am going to go ahead and give to the Clerk with copies
to everybody. If you'd take a moment to read them, I think
you'll see a distinct difference in the tone of something that
they're really opposed to versus something that they're doing
what they need to do under the Joint Land Use Study.
I'd be happy to answer any questions any of you may have
regarding the Application that is before you with a
recommendation for approval from your professional staff and a
unanimous recommendation from your Planning Commission.
COUNCILMAN SCHMIDT:
Madam Mayor?
2
MAYOR OBERNDORF:
Now, moving on, I declare a Public
Hearing for the Planning Items. The
first one, Madam Clerk?
CITY CLERK: Yes, Your Honor. The first one is
the Change of Zoning from AG-l to
Conditional R-10 at Chestnut Oak Way, District Princess Anne,
with Mr. R. K. Renukunta and Mr. Vurimindi, and Mr. Bourdon is
representing the applicant.
MAYOR OBERNDORF:
Good evening.
EDWARD BOURDON: Good evening, Madam Mayor,
Mr. Vice-Mayor, Members of Council.
It's my pleasure. I'm Eddie Bourdon, for the record, to
represent these applicants. And believe it or not, my client
who is here tonight, he goes by R. K., but he is not a
candidate for City Council.
MAYOR OBERNDORF:
Thank you. The gentleman is
standing, so we can all thank him.
EDWARD BOURDON: The application involves a 2.41-acre
parcel of land that is located in the
Princess Anne District on the east side of Holland Road. And
you can see up there on the Power point, it is a parcel that
is at the end of a residential street, Chestnut Oak Way, which
is in the Greenwood Community off of Holland Road.
As it is Zoned Agriculture, there really is no viable
agricultural use for this piece of property in a residential
neighborhood surrounded by residential neighborhoods. I would
note, and it is a good point, that the P-l property that
surrounds it to our east and north is just that, P-l; it won't
be developed and it is primarily flood plain area. There are
other Agricultural properties sandwiched between these
neighborhoods.
And with the actions that Council took on the 28th of December
I think it's fair to state there is potential that this
property whereas previously would have been undoubtedly
residential may be something other than residential. It may
be some form of a day care, or there's a number of different
opportunities that may exist with regard to this property
which has frontage on Holland Road. But it is unmistakable
that this piece of property that was the subject of this
application has no use other than residential use. In fact,
it was anticipated that it would be residential and that
there's no cul-de-sac here. The road just dead-ends into this
property because it was always anticipated there would be
VIRGINIA BEACH CITY COUNCIL
April II, 2006
6:45 p.m.
FORMAL SESSION
CHANGE OF ZONING
APPLICATION of R.K. RENUKUNTA and
KAVITHI VURIMINDI
VERBATIM
CITY COUNCIL
Meyera E. Oberndorf, Mayor
Louis R. Jones, Vice-Mayor
Harry E. Diezel
Robert M. Dyer
Reba S. McClanan
Richard A. Maddox
Jim Reeve
Peter W. Schmidt
Ronald A. Villanueva
Rosemary Wilson
James L. Wood
At-Large
Bayside - District 4
Kempsville - District 2
Centerville - District 1
Rose Hall - District 3
Beach - District 6
Princess Anne - District 7
At-Large
At-Large
At-Large
Lynnhaven - District 5
CITY MANAGER:
CITY ATTORNEY:
CITY CLERK:
James K. Spore
Leslie L. Lilley
Ruth Hodges Smith, MMC
DEPUTY CITY CLERK
SARAH DEAL JENKINS
- 36 -
Item V.L.1.
PLANNING
ITEM # 55120
Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth
Floor, Phone: 499-8971, represented the applicant and advised the parcel is at the end of a residential
street. There is no viable Agricultural use, as the property is surrounded by residential neighborhoods.
City Attorney Bourdon distributed correspondence from Captain Lorge, Commanding Officer, Naval
Air Station Oceana, expressing objection to the proposal. Said letter is hereby made a part of the
record. Mr. Bourdon advised the plan could be revised to include a path or multi purpose trail
connection to the Agricultural property to the south and the applicant will work with staff towards
this goal.
Daniel Wood, 2852 Saville Garden Way, Phone: 468-4269, President -Parks ide Green Community
Association registered in opposition
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council DEFERRED until
the City Council Session of April 24, 2006, Ordinances upon application of of RADHAKRISHNA
RENUKUNT A and KA VITHI VURIMINDI for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF RADHAKRISHNA
RENUKUNTA & KA VITHI VURIMINDI FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-1 AGRICULTURAL
DISTRICT TO CONDITIONAL R-lO RESIDENTIAL DIST
Ordinance upon Application of Radhakrishna Renukunta & Kavithi
Vurimindi for a Chanf!e of Zoninf! District Classification from AG-1
Agricultural District to Conditional R-JO Residential District on
property located at the eastern terminus of Chestnut Oak Way (GPIN
14955126640000). DISTRICT 7 - PRINCESS ANNE
The City Attorney advised the applications of RADHAKRISHNA RENUKUNTA and KA VITHI
VURIMINDI and CELEBI and M. SELIM OZIC are the first to be considered under the AICUZ
Overlay Ordinance.
The City Attorney distributed Ordinances relative these applications noting compatible findings in
compliance with the new Zoning Ordinance. There is no other reasonable use of the property and the
applications encompass the least density.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
Map I-II
l\'
R-50,
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Radhakrishna Renukunta & Kavithi Vurimindi - Change of Zoning District
Classification, Chestnut Oak Way (DISTRICT 7 - PRINCESS ANNE)
MEETING DATE: April 25, 2006
. Background:
An Ordinance upon Application of Radhakrishna Renukunta & Kavithi Vurimindi
for a Chanae of Zonina District Classification from AG-1 Agricultural District to
Conditional R-10 Residential District on property located at the eastern terminus
of Chestnut Oak Way (GPIN 14955126640000). DISTRICT 7 - PRINCESS
ANNE
On April 11, 2006, the City Council deferred this matter to the April 25, 2006 City
Council meeting. The applicant now requests that this matter be indefinitely
deferred.
. Considerations:
This 2.4 acre site is currently zoned AG-1 Agriculture and is located at the
stubbed terminus of Chestnut Oak Way, which is surrounded by R-10 Residential
zoning developed with single-family dwellings. Due to the size and location of
the site and the natural resource constraints, the feasibility of a productive
agricultural operation on the subject site is nonexistent. The applicant proposes
to rezone the existing AG-1 zoned property to R-10 Residential District for the
purpose of subdividing the property into five (5) single-family dwelling parcels.
The property is located within the 70-75 dB Ldn AICUZ. Residential use is
deemed to be not compatible within this AICUZ. However, the applicant has
proposed a zoning district and plan, which, in Staff's opinion, can meet the intent
of the recently adopted Zoning Ordinance revisions that require all rezoning
requests in the AICUZ greater than 70 dB Ldn to be the least intense and dense
that is reasonable based on surrounding zoning and land use. Specifically,
Section 1804 states that no application shall be approved by the City Council if
the proposed use is not designated as compatible under Table 1 "unless the City
Council finds that no reasonable use designated as compatible under the
applicable table or tables can be made of the property." It goes on to say that in
such cases, the City Council may only approve the proposed use of the property
at the least density or intensity of development that is reasonable." It is Staff's
opinion that the R-10 Residential District passes this test. Rezoning this infill site
to commercial, office or otherwise would not follow sound planning principles, as
Radhakrishna Renukunta & Kavithi Vurimindi
Page 2 of 2
R-10 zoning is immediately adjacent, yielding approximately 3 units to
developable acre. Staff believes this is the most appropriate and least dense
zoning that makes sense.
There was opposition to the request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-1 to approve
this request, as proffered.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Allow indefinite deferral as requested by the applicant.
Submitting Department/Agency: Planning Department~
City Manager: ~. ~~
RADHAKRISHNA
RENUKUNTA &
KA VITHI VURIMINDI
Agenda Item # 1 0
March 8, 2006 Public Hearing
Staff Planner: Carolyn AK Smith
REQUEST:
Chanae of Zonina District Classification from AG-1 Agricultural District to Conditional R-10 Residential
District for five (5) single-family parcels.
ADDRESS I DESCRIPTION: Property located at the eastern terminus of Chestnut Oak Way.
GPIN:
14955126640000
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
2.418 acres
APPLICATION HISTORY: This application was deferred at the February 8 public hearing to provide the
applicant time to revise the proposed plan.
SUMMARY OF REQUEST
The applicant proposes to rezone the existing AG-2 property to R-10 Residential District and subdivide
the property into five (5) single-family dwelling parcels.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped, wooded, vacant site.
SURROUNDING LAND North: .
USE AND ZONING:
South: .
East: .
West: .
Open space, single-family dwellings / P-1 Preservation District,
PD-H1 District
Undeveloped property / AG-1 Agricultural District
Open space / P-1 Preservation District
Single-family dwellings / R-10 Residential District
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RENUKUNT~:&VURMINDI
Ag~hpaJte
NATURAL RESOURCE AND
CULTURAL FEATURES:
The majority of the site is wooded and is located in the Southern
Watersheds Management Area. The Southern Watersheds Management
Area 50 foot buffer impacts portions of the site. No land disturbance is
permitted within this buffer area. In addition, a portion of the site is
located within the 100-year Floodplain Subject to Special Restrictions
(Section 5.5B of the Site Plan Ordinance). It appears that an
administrative variance to the Floodplain Ordinance will be required in
order to construct homes on lots 1 and possibly 4. The administrative
variance process permits up to five (5) percent of the floodplain located
on the total site to be altered provided a 1:1 mitigation is provided on
site.
AICUZ:
The site is in an AICUZ of less than 70 to 75 dB Ldn surrounding NAS
Oceana. See the Evaluation section of this report for discussion.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Chestnut
Oak Way is a two lane residential subdivision street that connects with Holland Road. Traffic
Engineering has no traffic count data for Chestnut Oak Way, but based upon the number of homes on
Chestnut Oak Way and the streets within the subdivision that connect with Chestnut Oak Way, the daily
traffic volume on Chestnut Oak Way is estimated at 400 vehicles per day.
Holland Road in the vicinity of this application is a two-lane minor suburban arterial. Improvements to
provide for a four lane divided facility on a 100 foot right-of-way on this section of Holland Road are
planned with CIP Project 2-158. This project is scheduled to begin construction in the spring of 2008.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Chestnut Oak No Data No Data Available Existing Land Use" - 20
Way Available (estimated at 400 ADT) ADT
Proposed Land Use 3 -
Holland Road 17,266 ADT 1 16,200 ADT 1 (Level of 50 ADT
Service E"")
Average Dally Tnps
2 as defined by typical AG uses
3 as defined by five dwellings
WATER: This site must connect to City water. There is an 8 inch City water main in Chestnut Oak Drive that
terminates at the edge of the property.
SEWER: City sanitary sewer service is available. Sanitary sewer and pump station analysis for pump station
571 is required to determine if flows can be accommodated. There is an 8 inch sanitary sewer main adjacent
to the northern half of the site.
. ., -.... '.,,' ,"
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RENUKUNTA..& VURMINDI
Agenda Item ;#. to
'Page 2
SCHOOLS:
School Current Capacity Generation 1 Change 2
Enrollment
Christopher Farms 748 780 1.8 2
Elementarv
Landstown Middle 1602 1563 1 1
Kellam Hiah 2410* 1839 1.4 1
" "
generation represents the number of students that the development will add to the school
2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The
number can be positive (additional students) or negative (fewer students).
. School Board has approved redistricting that will lower Kellam's membership by more than 500 students.
The Comprehensive Plan identifies this area as being within
the Primary Residential Area. The Plan states that the Primary Residential Area strongly focuses on
preserving and protecting the overall character, economic values and aesthetic quality of the stable
neighborhoods located in this area.
COMPREHENSIVE PLAN
Staff is supportive of the proposal
as submitted and recommends
approval as proffered.
EVALUATION AND RECOMMENDATION
This 2.4 acre site is currently zoned AG-1 Agriculture and is located at the terminus of an existing street,
presently developed with single-family dwellings on both sides and zoned R-10 Residential District. Due
to the size and location of the site and the natural resource constraints, the feasibility of a productive
agricultural operation is nonexistent.
The property is located within the 70-75 dB Ldn AICUZ. Residential use is deemed to be not compatible
within this AICUZ. However, the applicant has proposed a zoning district and plan, which, in Staff's
opinion, can meet the intent of the recently adopted Zoning Ordinance revisions that require all rezoning
requests in the AICUZ greater than 70 dB Ldn to be the least intense and dense that is reasonable based
on surrounding zoning and land use. Specifically, Section 1804 states that no application shall be
approved by the City Council if the proposed use is not designated as compatible under Table 1 "unless
the City Council finds that no reasonable use designated as compatible under the applicable table or
tables can be made of the property." It goes on to say that in such cases, the City Council may only
approve the proposed use of the property at the least density or intensity of development that is
reasonable." It is Staff's opinion that the R-10 Residential District passes this test. Rezoning this infill site
to commercial, office or otherwise would not follow sound planning principles, as R-10 zoning is
RENU KUNTA:~& VURMll\lOI
Agenda,ltem;~10 .
'~~g!,3
immediately adjacent, yielding approximately 3 units to developable acre. Staff believes this is the most
appropriate and least dense zoning that makes sense.
The existing environmental features on the site present some development limitations. The site is
encumbered by both the floodplain and the Southern Watersheds Management Area 50 foot buffer. No
land disturbance is permitted within the 50 foot wide buffer. In addition, a portion of the site (32,994
square feet) is located within the Floodplain Subject to Special Restriction (Section 5.5B of the Site Plan
Ordinance). It appears that five (5) single-family lots are the most that can be accommodated on this
2.418 acre site without either 1) the granting of a Floodplain Variance or 2) an unconventional
configuration of lots.
Staff is supportive the request to rezone the property to R-10 Residential District as proffered by the
applicant. Staff firmly believes that the proper number of lots for the proposed subdivision is five (5) based
on the natural resource constraints of the site. This number is further reinforced by the need for the
density of the development to be the lowest reasonable based on its location within the 70-75 dB AICUZ.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(91 07(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When the Property is developed it shall be subdivided into no more than five (5) residential building lots,
substantially as depicted on the "PRELIMINARY SUBDIVISION OF CHESTNUT OAK," dated January 15,
2006, and prepared by Rouse-Sirine Associates, Ltd. ("Subdivision Plan"), which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of Planning.
PROFFER 2:
Each of the lots shall be developed with a single family residential dwelling containing no less than 2300
square feet of enclosed living area. The homes shall be substantially in conformity with one of the three
front elevations designated "SINGLE FAMILY HOME ELEVATION FOR CHESTNUT OAK" (Elevations")
which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning.
STAFF COMMENTS: The proffers listed above are acceptable as the permit up to five (5) lots on the site
and, due to environmental constraints and the location of the site within the 70-75 dB AICUZ, Staff's position
is that this site should be developed with five (5) lots.
The City Attorney's Office has reviewed the proffer agreement dated January 15, 2006, and found it to be
legally sufficient and in acceptable legal form.
.,.<
RENUKUN-,;~,8t VURNI~~DI
Ag~da.ltem,;tO .
4
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
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Ag~niJalte10
Ole.
1 12/10/91 CHANGE OF ZONING (PO-H2 with R-50 Granted
overlay to P-1)
2 09/08/98 CHANGE OF ZONING (AG- 1 & 2 to Granted
Conditional R-10)
3 03/09/99 SUBDIVISION VARIANCE Granted
4 04/10/01 CHANGE OF ZONING (AG 1 & 2 to Granted
Conditional R-10)
5 05/1 3/03 CHANGE OF ZONING (AG 1 & 2 to Granted
Conditional R-50)
6 04/10/01 CHANGE OF ZONING (AG 1 & 2 to Granted
Conditional R-10)
7 10/22/84 CHANGE OF ZONING (R-8 to PO-H2 with R- Granted
50 overlav)
8 11/02/87 CHANGE OF ZONING (AG-1 to R-6) Granted
ZONING HISTOR't
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DEPARTMENT OF THE NAVY
NAVAL AIR STATION OCEANA
1750 TOMCAT BOULEVARD
ViRGINlA BEACI-!. VIRGINlA 23460-2,91
,.. Amy I1EF=~, TO:
5726
Ser 33/058
January 26. .2006
Ms. Carolyn A. K. Smith
Municipal Center
Department of Planning
2405 Courthouse Drive, Building 2
Virginia Beach, VA 23456-9040
Dear Ms. Smith:
Thank you for the opportunity to comment on the Conditional
Rezoning Application, AG-lto R-I0, by Radhakrishna
Renukunta/Kavithi vurimindi. Chestnut Oak, a proposed six
single-familyhoxne subdivision, is located in the 70-75 decibel
idB)day-nightaverage noise zone. This site lies within the
Air Installations Compatible Use Zones (AICUZ) Overlay District,
established by the City of Virginia Beach, which contemplates
compatible uses with Naval Air Station Oceana. TheNavy'sAICUZ
Program states that:. residential land use is generally
incompatible and strongly discouraged in this zone.
If the city determines that this use must be allowed and
there are no other viable al ternative.s, the Navy recommends a
-- noise level reduction of at least 30 dB be incorporated. into the
design and construction and full disclosure of single~event '
noise levels at contract:. signing. It is also recommended that
responsible agents representing this property contact my
Community Planning Liaison Officer, Mr. Ray Firenze, should they
have questions regarding the Navy's AIenZ Program, or the
potential impacts from air operations on this property.
Mr. Firenzemay be reached at (757) 433-3158.
Sincerely,
[\
J
t n,? S. Navy
Commanding Officer
Copy to:
COMNAVREG MIDLANT (OO/N02B)
LAN'I'DIV
Mayor Meyera Oberndorf
Virginia Beach City COuncil
Virginia Beach Planning Commission
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DISCLOSURE STAJEmtEN~'
RENUKUNTA:'&VURMINDI
Ag~r{Jaltem/rtO
, P 13
Item #10
Radhakrishna Renukunta & Kavithi Vurimindi
Change of Zoning District Classification
Eastern terminus of Chestnut Oak Way
District 7
Princess Anne
March 8,2006
REGULAR
Barry Knight: Mr. Secretary, the next item to be heard.
Joseph Strange: The next item is Item #10 Radhakrishna Renukunta & Kavithi
Vurimindi. An Ordinance upon Application for a Change of Zoning District
Classification from AG-l Agricultural District to Conditional R-lO Residential District
located on property located at the eastern terminus of Chestnut Oak Way, District 7,
Princess Anne, with two proffers.
Barry Knight: Thank you. Will the applicant or representative of the applicant please
come forward? Welcome sir. Please state your name for the record.
=
Radhakrishna Renukunta: I'm Radhakrishna Renukunta. I'm the owner. Good
afternoon.
Barry Knight: Go ahead and proceed and tell us about your application.
Radhakrishna Renukunta: Weare trying for approval for a rezoning for a residential use.
The land is about 2Y2 acres in size. We wish to build five homes. We worked with the
Planning staff to come up with what was the best use for the site and we have taken their
recommendation.
Barry Knight: Thank you. Are there any questions? Mr. Ripley.
Ronald Ripley: Just a comment. I appreciate you working with the Planning staff. The
previous plan had another lot on there. You look like you reduced it. It looks like a
better plan at this point. We appreciate you doing that.
Radhakrishna Renukunta: Thank you.
Barry Knight: Mr. Crabtree.
Eugene Crabtree: Did you ever actually look at any other use for this property? You said
that through Planning Department you determined this is the best use. Have you
absolutely looked for any other use of this property?
Radhakrishna Renukunta: Well, the little homework that I did was I spoke with the
Homeowners' Association President and he had a briefing during their Homeowners'
Item #10
Radhakrishna Renukunta & Kavithi Vurimindi
Page 2
meeting. One of my personal interests on the project was that we wanted to build a home
for ourselves, my family. So, that is the idea when we started this project. After speaking
with City planners, we were informed that there was a possibility to subdivide that lot and
add more homes.
Eugene Crabtree: So you really didn't look at any industrial uses or anything other than
that on the property even though it has been determined that residential is best use for it.
Radhakrishna Renukunta: Right. We're not really taking another path because the
neighborhood was happy with homes being added. So, we didn't have a chance to really
pursue any other approach.
Eugene Crabtree: Are you aware that this is in the decibel zone between 70 & 75, which
the BRAC Commission has recommended that we do not increase the density and that we
do not build anything residential in this zone?
Radhakrishna Renukunta: Yes sir.
Eugene Crabtree: And it is still under study. The Inspector General has not given his
decision on these things considering BRAC as of yet.
=
Radhakrishna Renukunta: Well, in light of all the ongoing things, as I said, we worked
with the City Planning staff to basically come up with a solution or recommendation, and
that is what we have followed.
Barry Knight: Are there any other questions? Thank you sir.
Radhakrishna Renukunta: Thank you.
Joseph Strange: Our first speaker in opposition is Michael Carey.
Barry Knight: We1come sir. Please state your name for the record.
Michael Carey: My name is Mike Carey. I'm a resident of Chestnut Oak Way. I reside
with my family at 2929 Chestnut Oak Way. Myself, as well as many of my neighbors at
that end of the street have many concerns about this application. One, the noise level and
working with the Navy. First of all, the density issues. Secondly, we are an established
neighborhood. We do not know there is an immediate need for extra houses in our
neighborhood. We purchased our house five years ago new. When we trusted our
builder with remarks that he made that one it was a dead end street, two we were in the
Kellam High School District, and neither of which we are true at this point. So we have
concerns about the added density, and the extra traffic that will bring our quiet street at
this point.
Barry Knight: Thank you. Are there any questions? Ms. Wood.
Item #10
Radhakrishna Renukunta & Kavithi Vurimindi
Page 3
Dorothy Wood: Mr. Crabtree mentioned industrial. I don't think you would be happy
having an industrial use at the end of your neighborhood either. Would you?
Michael Carey: No. We would not. In a perfect world, we would like to see it remain
undeveloped at this point. We were told it was a bird sanctuary and a preserve. We
trusted the builder with that when we bought the house.
Dorothy Wood: He told you that he owned it?
Michael Carey: I don't recall that he said he owned it. No. Again, we don't feel like
there is a need for these extra houses, the extra traffic, problems that the construction
traffic will bring. We all have small children in the area. Those are the reason that I
oppose.
Barry Knight: Are there any other questions for Mr. Carey? Thank you.
Joseph Strange: Okay. The second speaker in opposition is Ashlee Morgan.
Barry Knight: Welcome. Please state your name for the record.
=
Ashlee Morgan: Hi. I hope you can hear me. I'm so tiny. Good afternoon Mr. Knight.
Good afternoon Commissioners.
Ed Weeden: Ma' am, identify yourself for the record.
Ashlee Morgan: Oh, I'm sorry, I'm Ashlee Morgan. I'm a realtor here locally so I'm
very familiar with the housing market. Of course, I'm also one of the newer neighbors to
the neighborhood. I was also told that area could not be developed. We were very
excited that it was going to remain a short dead end street with not a lot of homes. I think
there are a few items that I would like the Commission to consider before they make a
judgment on the rezoning of this property. Number one, I am sure you are aware of the
Holland Road in the City, as far as the traffic that is down there. And, I know there are
future plans to have that road expanded and widened but there is nothing firm yet. There
have been no land acquisitions. No nothing. So, I wonder added traffic, more teenagers,
more people going to and from if that is really necessary for five houses and the value,
and the tax dollars, and the tax revenue that these homes will bring. The other issue that I
have is the wetland issues. As you can see, part of this is in the flood zone that also
encroaches on the Wetlands. And that is something to take into consideration. We can't
continue to build and add these zonings on to our Wetlands and think they are going to be
protected and preserved for the future because they will not. I see also in the proffer of
your staff, they have a minimum square footage of 2,300 square feet for each home,
however there is no maximum. I think some of the larger homes in our neighborhood are
under 3,000 square feet. I think the largest are right around 2,800 square feet, so of
course, I also worry that we're going to have these big box homes at the end of our street
Item #10
Radhakrishna Renukunta & Kavithi Vurimindi
Page 4
that don't necessarily fit into the layout of the rest of our neighborhood. They are also
building a neighborhood across the street from us. They are also building a neighborhood
of at least 30 homes. So, I just think with the BRAC Commission, what they're doing
and they're recommending building. At a certain point we have to start listening to them
and honoring their recommendations. Thank you for your time.
Barry Knight: Thank you. Are there any questions? Ms. Morgan, please come back.
Ms. Wood has a question for you.
Dorothy Wood: Since you're in real estate, what you like to see him do with his land?
Ashlee Morgan: I understand that he wants to live in our neighborhood. Obviously, I
wanted to live there too. There is a house for sale in the neighborhood that he could buy
actually.
Dorothy Wood: I mean, what do you expect him to do with this land?
Ashlee Morgan: Ideally, it would be great to see him sell it to the City and have them put
a park there because we have no park. In a perfect world, I could do whatever. We don't
have a neighborhood park. So that would be nice.
=
Dorothy Wood: Again, I was getting back to what Mr. Crabtree said that for other
reasons you would not want industrial there. Would you rather have houses?
Ashlee Morgan: Oh no. Even one house would be sufficient versus increasing the density
even higher.
Dorothy Wood: Thank you.
Ashlee Morgan: One house would be sufficient and he could live there and have his home
if he wants to be part of our neighborhood.
Dorothy Wood: Thank you.
Barry Knight: Mr. Ripley.
Ronald Ripley: Did you look at the application on Page 8, 9 & 10 that had elevations of
proposed homes? Are they not in keeping with your neighborhood or do they not even
look like nice homes to you or not?
Ashlee Morgan: They look like fairly reasonable homes. I have seen this builder's homes
before and obviously my concern is that they're not completely. We have no all brick
homes in our neighborhood now, in our subdivision. The home that he would like to
build for himself, and I don't know and I haven't spoken with RK himself, but I was told
was also an all brick home, which wouldn't fit into our mostly vinyl sided neighborhood.
I worry, there again about the square footage. The proffer has a minimum of 2,300 square
Item # 10
Radhakrishna Renukunta & Kavithi Vurimindi
Page 5
feet but no maximum. And so there again, I worry that he is going to put a 3,200 square
foot house, get set back there, and be able to build this box home on this small portion of
land per each lot size.
Ronald Ripley: Were you concerned about the size of the home or the value of the home?
Ashlee Morgan: Of course I love house value to rise all the time. I have no problem with
the house values. I have concerns with the density, the Wetland issues for him to build
the houses, the BRAC Commission, and also the size of the homes he is going to build.
Those are my main concerns.
Ronald Ripley: Thank you.
Ashlee Morgan: Thank you for your time.
Barry Knight: Mr. Strange.
Joseph Strange: What is the size of the lot that you live on?
=
Ashlee Morgan: We live on a 10,000 square foot lot. So the lot size is the same but the
square footage of each home is smaller.
Joseph Strange: Okay. Thank you.
Ashlee Morgan: Thank you.
Barry Knight: Are there any other questions? Thank you Ms. Morgan.
Ashlee Morgan: Thank you.
Barry Knight: Mr. Strange.
Joseph Strange: The next speaker is Cody Oubre.
Barry Knight: Welcome sir. Please state your name for the record.
Cody Oubre: Good afternoon. My name is Cody Oubre. I am a resident of 2941
Chestnut Oak Way, Virginia Beach. I have lived in this subdivision. I purchased one of
the first homes built in this subdivision in October 2000. I am a member of the
Greenwood Home Association, and I question the accuracy of the statement that we're
pleased with that. I know that I am a member of it and my wife is a member of it. I am
not pleased with adding homes to this subdivision. We purchased this house in October
2000 on the basis that we had surrounding agriculture preservation districts, small
neighborhood in control and put us in the desired school districts. Our subdivision has
many young kids, which has created the issue of danger to the young kids in our
Item #10
Radhakrishna Renukunta & Kavithi Vurimindi
Page 6
neighborhood. The school district recently indicated that the Landstown Middle School,
which we are districting for is overcrowded combining that with the fact that there is 30
home subdivision right across the street being built, adding more people, more houses,
more traffic. I don't think that is in the best interest of our neighborhood. We would ask
that the Planning Commission not approve this application.
Barry Knight: Thank you sir.
Ronald Ripley: You know, when I looked at this piece of land, this road terminates at the
end of the street where others have cul-de-sacs, which is typically the planning. When
everybody bought it and everyone is reporting that nothing would happen back there, did
that seem suspicious to you? It looks like to me that typically when a project is planned
out unless it cul-de-sacs, the road is just terminated at the end and it is intended to be
extended typically. That seems what is envisioned here. Did nobody consider that when
you purchased?
=
Cody Oubre: I'm not an expert in the field. I'm a common ordinary citizen. I relied
upon the facts that were presented to me by other people who may not have known the
facts. But I had no other course and couldn't afford to hire an attorney just to investigate
that issue. I relied on the facts. I understand that there are some public right-of-ways or
easements back in that area as well. I relied on the information that I could obtain.
Ronald Ripley: Thank you.
Barry Knight: Are there any other questions? Thank you sir. Is that all the speakers?
Joseph Strange: Those are all the speakers.
Barry Knight: Okay. Would the applicant like to readdress some of the oppositions
concerns? Welcome sir. Reinstate your name.
Radhakrishna Renukunta: Again, Radhakrishna Renukunta, the owner. All I could say as
if under a year, we will be the first ones to move in when we start building. If anything
happens we will be the one closest to the side as far as any serious service dangerous to
the kids. I, myself have two children, six and six months old. The other concern
regarding 2,300 square feet, one of the proffers, the homes are going to be in the range of
2,800 - 3,000 square feet. And, one of the persons of the Homeowners' Association was
not happy, I don't know. I've been in touch with the President. The feedback that I got
was from him. So, I never acted at their meetings but I did pass on the information that I
had access to the play out and whatever went on. At the city deferrals and whatever the
progress was he was notified often. I think, again everybody is familiar with this.
Planning has done their homework. We're working with Public Works, Utilities, and
they have all determined. They have their recommendation as part of their review. I
would ask the Commission to consider all those facts, and make a determination.
Item #10
Radhakrishna Renukunta & Kavithi Vurimindi
Page 7
Barry Knight: Hold on a second. Ms. Katsias has a question.
Kathy Katsias: Do you own the property currently or are you just a contract buyer for one
of the homes?
Radhakrishna Renukunta: That is my property. I own it.
Kathy Katsias: So, you're building the five houses that are going to be for sale?
Radhakrishna Renukunta: The present plan that I have is just to build one home. When
we talked with the City Planners, the ideal approach was to get it rezoned with a layout
and then occupy one lot rather than building a home, which you were not supposed to
build there. The setback has to be so much and those issues. So, we wanted to have a
clear plan for the land before we did anything.
Kathy Katsias: So right now the plans are to just building one house with the possibility
of building four more.
Radhakrishna Renukunta: Right. We're positioning our house so we don't disturb the
other layout.
=
Kathy Katsias: Thank you.
Radhakrishna Renukunta: Thank you.
Barry Knight: Mr. Crabtree has a question for you.
Radhakrishna Renukunta: Sure.
Eugene Crabtree: Okay. I have a question for you. In lieu of the pending things with the
Inspector General's report and all of that I have eluded to earlier, would it be an
imposition on you if you had to wait until that report became public before any action was
taken? Do you plan to build so soon that it would be an imposition to you?
Radhakrishna Renukunta: Sir. We have been postponing this so long and we want to get
started as soon as possible. Even my attorney, Mr. Bourdon is on vacation, and I took
this effort to come in front of you.
Eugene Crabtree: Do you think it would be an imposition if this was delayed to a later
date when we had more information on what's happening within that area as far our
report from BRAC and the Inspector General's decision?
Radhakrishna Renukunta: Well, if your asking my opinion, I would be happy to progress
with this project. The sooner. The better.
Item #10
Radhakrishna Renukunta & Kavithi Vurimindi
Page 8
Eugene Crabtree: Thank you.
Barry Knight: Any other questions? Ms. Wood.
Dorothy Wood: I would like to make a motion we approve it.
Barry Knight: Okay. Are there any other questions? Thank you.
Radhakrishna Renukunta: Thank you all.
Barry Knight: We have a motion on the floor by Dot Wood to approve. Do I have a
second? A second by Kathy Katsias. I open it up for discussion. Mr. Crabtree.
Eugene Crabtree: I'm going on the record as I have stated before that because of the
pending report and not knowing what the results are going to be, I'll have to vote "NAY"
on this project at this time.
Barry Knight: Okay. Is there any other discussion? Mr. Bernas.
=
Jay Bernas: I just have a question for staff. If you look at the aerial and I had the same
question that Ron had is that you have three streets that terminate into this AG property.
Was there a master plan or something where all these streets would connect? Because
Ron said it is not typical that these streets would terminate without a cul-de-sac. Was
there some sort of long-range plan that they would connect in the future?
Robert Scott: The responsibility of the Planning Commission and City Council was to
assign a reasonable zoning category to every piece of property. AG is not reasonably
zoning category because it is not agricultural land. No one can farm piece of property
that small or that remote for the rest of the agricultural community. There needs to be a
rezoning to something. It was anticipated that this property, some day and I think its true
of some of the other vacant land in the area would develop as the rest of the Holland
Road Corridor developed. And that a street terminating at its boundary that would
provide the method of getting in and out in a reasonable orderly fashion. So that is why
the street was stubbed out there because there was an anticipation of the properties that
would some day get rezoned. All would be treated by the same rules developing the
density and so forth.
Barry Knight: Any other discussion? Mr. Ripley.
Ronald Ripley: And I think also it would be inappropriate not to consider that it be in the
same zone as the property adjacent to it if you were to go with a larger zoning ordinance
it would promote a bigger house. I've never heard anybody come in and be opposed the
houses being too big. That is new to me. I think I understand what the lady was saying
having too big a house in the neighborhood would maybe look different. That is valid I
Item #10
Radhakrishna Renukunta & Kavithi Vurimindi
Page 9
think. So instead of going to the R-IO and we went to a R-20, that would promote a
bigger house and you would get less lots but you could build a bigger house probably
right on that. So it seems like the appropriate zoning to me. I think the test that we're
charged with is to determine if there is no other feasible use of it. We certainly don't
want to put nay kind of business use back there. It wouldn't make any sense so I think it
is the best alternative.
Barry Knight: Thank you. Mr. Livas.
Henry Livas: I would agree that there is no other alternative use. I was thinking along
those same lines. He has been cooperative and has reduced it from six down to five so
that treats the density a little bit. So, I would be inclined to approve it.
Barry Knight: Thank you. Is there any other discussion? There is a motion on the floor
to approve. The first was made by Ms. Wood and seconded by Ms. Katsias. I'll call for
the question.
AYE 9
ANDERSON AYE
= BERNAS AYE
CRABTREE
HENLEY AYE
KA TSIAS AYE
KNIGHT AYE
LIV AS AYE
RIPLEY AYE
STRANGE AYE
WALLER
WOOD AYE
NAY 1
ABSO
ABSENT 1
NAY
ABSENT
Ed Weeden: By a vote of 9-1, the application of Radhakrishna Renukunta and Kavithi
Vurimindi has been approved.
Barry Knight: Thank you.
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6233
DATE: March 28, 2006
FROM:
Leslie L. Lilley
~
8. Kay Wilson ~
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application; Radhakrishna R. and Kavithi Vurimindi
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on April 11, 2006. I have reviewed the subject proffer agreement, dated
January 15, 2006, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW fcms
Enclosure
cc: Kathleen Hassen /
RADHAKRISHNA RENUKUNTA and KAVITHA VURIMINDI a/k/a KAVITHI
VURIMINDI, husband and wife
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 15th day of January, 2006, by and between
RADHAKRISHNA RENUKUNTA and KAVITHA VURIMINDI a/k/a KAVITHI
VURIMINDI, husband and wife, Grantor; and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of a certain parcel of property 10cated
m the Princess Anne District of the City of Virginia Beach, containing
approximately 2.418 acres, which is more particularly described in Exhibit "A"
attached hereto and incorporated herein by this reference. Said parcel is herein
referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the
Grantee so as to change the Zoning Classification of the Property from AG-2
Agricultural District to Conditional R-10 Residential District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development
of land for various purposes through zoning and other land development legislation;
and
GPIN: 1495-51-2696
PREPARED BY:
I SYl(J;:S. ROURDON.
AHmN & LM. P.C
1
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the
area of the Property and at the same time to recognize the effects of change, and the
need for various types of uses, certain reasonable conditions governing the use of the
Property for the protection of the community that are not generally applicable to land
similarly zoned are needed to cope with the situation to which the Grantor's rezoning
application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the R-10
Zoning District by the existing overall Zoning Ordinance, the following reasonable
conditions related to the physical development, operation, and use of the Property
to be adopted as a part of said amendment to the Zoning Map relative and
applicable to the Property, which has a reasonable relation to the rezoning and the
need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal
representatives, assigns, grantee, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the Grantee or its
governing body and without any element of compulsion or quid pro quo for zoning,
rezoning, site plan, building permit, or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern
the physical development, operation, and use of the Property and hereby covenant
and agree that this declaration shall constitute covenants running with the
Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through the Grantor, its successors, personal
representatives, assigns, grantee, and other successors in interest or title:
1. When the Property is developed it shall be subdivided into no more
than five (5) residential building lots, substantially as depicted on the
"PRELIMINARY SUBDIVISION OF CHESTNUT OAK", dated January 15, 2006, and
PREPARED BY: prepared by Rouse-Sirine Associates, Ltd. ("Subdivision Plan"), which has been
IIBsvns. ROURDON. exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
IIIAHrnN & LM. P.C
Department of Planning.
2
2. Each of the 10ts shall be developed with a single family residential
dwelling containing no less than 2300 square feet of enclosed living area. The
homes shall be substantially in conformity with one of the three (3) front elevations
designated "SINGLE FAMILY HOME ELEVATION FOR CHESTNUT OAK"
("Elevations") which have been exhibited to the Virginia Beach City Council and is
on file with the Virginia Beach Department of Planning.
3. Further conditions may be required by the Grantee during detailed
Site Plan review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions. Such conditions shall
continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in
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 goveming body of the Grantee, after a public hearing before the Grantee which
was advertised pursuant to the provisions of Section 15.2-2204 of the Code of
Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so
recorded, said instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the goveming body of the City
PREPARED BY: of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
IISyn:s. ROURDON. restrictions, including the authority (a) to order, in writing, that any
Am:RN & llVY. P.c
noncompliance with such conditions be remedied; and (b) to bring legal action or
3
PREPARED BY:
II SYIC~S. nOURDON.
AIlrnN &: UVY. P.c.
suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute
cause to deny the issuance of any of the required building or occupancy permits as
may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and
the Grantee.
4
PREPARED BY:
lIB SYIa:S. ROURDON.
UAHrnN & LM. p.e
WITNESS the following signatures and seals:
GRANTOR:
"'~"'\~ . "-",,,-
'I ~ ,"
-.. . ~:\/ t .."...........,
'., . '-"L, ."
Radhakrishna Renukunta
(SEAL)
katilt.,I-L/ .
Kavitha Vurimindi
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ~t>th day of
January, 2006, by Radhakrishna Renukunta and Kavitha Vurimindi a/k/ a Kavithi
Vurimindi, husband and wife, Grantors.
_A:7~ -t. k l1 ie/Mke
Notary Public
My Commission Expires: August 31, 2006
5
PREPARED BY:
DSms. ROURDON.
.. MID & UVY. P.C
EXHIBIT" A"
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
thereon, belonging, lying, situate in the City of Virginia Beach, Virginia, and known,
numbered and designated as "PARCEL B" as shown on that certain plat entitled
"RESUBDMSION OF PARCEL A, SUBDIVISION OF PROPERTY OF AMERICA
WILSON ESTATE, AND LUCINDA HASKINS 2 ACRES, VIRGINIA BEACH, VIRGINIA",
dated November 7, 2005 (rev. 12-30-05), prepared by Rouse-Sirine Associates, Ltd.,
which said plat is recorded in the aforesaid Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, as Instrument # 20060104000020570.
GPIN: 1495-51-2696
ConditionalRezone jRenukuntajProffer3
Rev.lj25j06
6
- 33 -
Item V-J.4.
PLANNING
ITEM # 54920
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the
City Council Session of February 28, 2006, Ordinances upon application of HERON RIDGE
PROPERTIES II, L.L.c. for a Conditional Change of Zoning and Variance to f4.4 (b) of the
Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning
Ordinance:
ORDINANCE UPON APPLICATION OF HERON RIDGE
PROPERTIES IL 1.1.C FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-1 AND AG-2 AGRICULTURAL
DISTRICT TO CONDITIONAL R-20
Ordinance upon Application of Heron Ridge Properties II, 1.1.C for a
Change of Zoning District Classification from AG-1 and AG-2
Agricultural District to Conditional R-20 Residential District on
property located at 2817 Seaboard Road (GPINs 24036750380000;
24036647250000). The Comprehensive Plan designates this site as
being within the Princess Anne Transition Area, suitable for cluster
housing using creative planning and development techniques. The
purpose of this rezoning is to develop single1amily homes. DISTRICT 7
- PRINCESS ANNE
AND,
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Heron Ridge
Properties II, 1.L.C for property located at 2817 Seaboard Road
(GPINs 24036750380000;24036647250000). DISTRICT 7 - PRINCESS
ANNE
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
February 14,2006
- 44-
Item V-K.4.
PLANNING
ITEM # 54967
Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth
Floor, Phone: 499-8971, represented the applicant and advised Wiliam E. Weddle and Jean Ray Weddle
who have owned the property for over 27 years, and his clients desire to maintain the stately home built
on this property as well as the beautiful specimen trees. To maintain the integrity of the home it is
necessary to create a larger lot. As the proffers re the open space areas conflict with the policy
and need to be amended, this application should be DEFERRED INDEFINITELY. The proffers
state the open space will be utilizedfor the residents of the eight (8) homes.
The following registered in OPPOSITION:
Bernard Byrne, 2728 Esplanade Court, Phone: 430-0571, advised he did receive notice this
application would be heard tonight, February 28, 2006. Mr. Byrne advised he had not been
contacted nor has he reviewed the revised plan to be submitted by the applicant meeting
the Transition Area guidelines
Rick Rivera, 3044 Heron Ridge Drive, phone: 721-6063, President - Heron Ridge Community
Association, was concerned re the available open space and additional traffic into the
community.
Bobby Rountree, 2913 Couples Court, Phone: 721-3394, former Board Member-Heron Ridge
Community Association, represented future residents of Oak Breeze. Mr. Rountree urged
curbs and gutter instead of swales.
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council DEFERRED
INDEFINITELY Ordinances upon application of HERON RIDGE PROPERTIES II, LLC. for a
Conditional Change of Zoning and Variance to 94.4 (b) of the Subdivision Ordinance that requires all
newly created lots meet all the requirements of the City Zoning Ordinance:
ORDINANCE UPON APPLICATION OF HERON RIDGE
PROPERTIES II, L.L.c. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-1 AND AG-2 AGRICULTURAL
DISTRICT TO CONDITIONAL R-20
Ordinance upon Application of Heron Ridge Properties II. L.L.c. for a
Change of Zoning District Classification from AG-1 and AG-2
Agricultural District to Conditional R-20 Residential District on
property located at 2817 Seaboard Road (GPINs 24036750380000;
24036647250000). The Comprehensive Plan designates this site as
being within the Princess Anne Transition Area, suitable for cluster
housing using creative planning and development techniques. The
purpose of this rezoning is to develop single-family homes. DISTRICT 7
- PRINCESS ANNE
AND,
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Heron Ridge
Properties II, L.L.c. for property located at 2817 Seaboard Road
(GPINs 24036750380000;24036647250000). DISTRICT 7 - PRINCESS
ANNE
February 28, 2006
- 45 -
Item V-K.4.
PLANNING ITEM # 54967 (Continued)
Voting: 10-0
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R Jones, Reba S. McClanan, Richard A.
Maddox, Mayor Meyera E. Oberndorj. Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer
February 28, 2006
Map J-13
Map Not to Scale
~
NAG-I
0"
AG-I
Conditional Zoning Change -
.
ertles
AG-I
,.r"~~~~~_~?,
~~~:)}
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Heron Ridge Properties II, L.L.C. - Change of Zoning District Classification
and Subdivision Variance on property located at 2817 Seaboard Road (GPINs
24036750380000; 24036647250000)
MEETING DATE: April 25, 2006
. Background:
a) An Ordinance upon Application of Heron Ridge Properties II, L.L.C. for a
Chanqe of Zoninq District Classification from AG-1 and AG-2 Agricultural
District to Conditional R-15 Residential District
b) Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance. [No longer needed -
WITHDRAWAL REQUESTED]
DISTRICT 7 / PRINCESS ANNE
This item was deferred at the February 14 and February 28 City Council
meetings.
. Considerations:
The applicant proposes to rezone the existing AG-1 and AG-2 Agricultural District
to Conditional R-15 Residential District and develop the site with eight (8) lots.
The site is within the Princess Anne area, formerly the Transition Area. The
allowable density for the area is one dwelling unit or less per developable acre
provided the development meets certain criteria defined within the
Comprehensive Plan, Chapter 5 - Princess Anne.
The proffered site plan depicts 8.4 acres with eight (8) lots ranging in sizes from
15,052 square feet to 41,546 square feet. The 41,546 square foot lot surrounds
the existing old farmhouse and its facilities and landscape. The lot will remain in
private ownership, but does serve as a visual amenity for the neighborhood or
the public since the context of the farmhouse is largely retained.
There are 4.2 acres of open space, or 50 percent of the acreage. The applicant is
retaining the cedar tree line along the southern portion of the site and integrating
it into the open space area. A 50-foot buffer is depicted along Seaboard Road. A
multi-purpose trail meanders across the front of the site connecting to a proposed
trail through the wooded farm road and to a trail around the lots through the open
space. Category IV screening and an eight (8) foot high privacy fence is
Heron Ridge Properties II, L.L.C.
Page 2 of 2
proposed adjacent to the golf course maintenance facility on the adjoining
property. The applicant also proposes Category IV screening along the eastern
portion of the site adjacent to the existing residential lots on Seaboard Road.
Also depicted on the plan in response to concerns from the Planning
Commission is a landscape buffer adjacent to the existing lot to the north. The
applicant is also proffering $1,000 per lot toward the purchase of open space
within the Transition Area.
The plan has been revised since the February 28, 2006 City Council meeting,
and the plan now shows that 50 percent of the total area will be open space. This
has been achieved by reducing the lot sizes from the R-20 level to the R-15 level
and through a redesign of the project. The proposal now fully conforms to the
Comprehensive Plan's recommendations for this area.
The Subdivision Variance request was for lot widths on the previous plan that did
not meet the requirements of the Zoning Ordinance. The widths of the lots on the
revised plan now meet the requirements of the ordinance; thus, the Subdivision
Variance is not needed, and the applicant requests withdrawal of that request.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 8-1 with 1
abstention to approve the requests as previously submitted with a different plan.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval of the Change of Zoning and Granting
Withdrawal of the Subdivision Variance. Planning Commission recommends approval.
~
Submitting Department/Agency: Planning Department
City Manager: ~ k, {fJ0'I1
HERON RIDGE
PROPERTIES II,
L.L.C.
Agenda Item # 1 , 2
REVISED FOR April 25, 2006
City Council Meeting
.
Map j-lJ
h,,' :,,-, ,',1.
AG-J
AG-I
REQUEST:
1) Chanqe of Zonina District Classification from AG-1 and AG-2 Agricultural District to Conditional
R-15 Residential District.
2) 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 I DESCRIPTION: Property located 2817 Seaboard Road
GPIN:
24036750380000
24036647250000
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
8.41 acres
The applicant proposes to rezone the existing AG-1 and AG-2
Agricultural District to Conditional R-15 Residential District and
develop the site with eight (8) lots. The site is within the Princess Anne area, formerly the Transition Area.
The allowable density for the area is one dwelling unit or less per developable acre provided the
development meets certain criteria defined within the Comprehensive Plan, Chapter 5 - Princess Anne.
The proffered site plan depicts 8.4 acres with eight (8) lots ranging in sizes from 15,052 square feet to
41,546 square feet. The 41,546 square foot lot surrounds the existing old farmhouse and its facilities and
landscape. The lot will remain in private ownership, but does serve as a visual amenity for the
neighborhood or the public since the context of the farmhouse is largely retained.
SUMMARY OF REQUEST
There are 4.2 acres of open space, or 50 percent of the acreage. The applicant is retaining the cedar tree
line along the southern portion of the site and integrating it into the open space area. A 50-foot buffer is
depicted along Seaboard Road. A multi-purpose trail meanders across the front of the site connecting to
a proposed trail through the wooded farm road and to a trail around the lots through the open space.
Category IV screening and an eight (8) foot high privacy fence is proposed adjacent to the golf course
HERON RIDGE PROPERTIES II, L.L.C.
City Council Meeting of April 25, 2006
Page 1
maintenance facility on the adjoining property. The applicant also proposes Category IV screening along
the eastern portion of the site adjacent to the existing residential lots on Seaboard Road. Also depicted on
the plan in response to concerns from the Planning Commission is a landscape buffer adjacent to the
existing lot to the north. The applicant is also proffering $1,000 per lot toward the purchase of open space
within the Transition Area.
The applicant did not submit any architectural elevations but has provided the typical Transition Area
proffer that the dwellings will contain no less than 2,500 square feet of floor area, excluding garage, for
one-story units, and no less than 2,800 square feet of floor area for units over one-story. Each home shall
have a garage for a minimum of two (2) automobiles. The applicant has also proffered that all the
residential dwellings constructed on the property shall have. visible exterior surfaces, excluding roof, trim,
windows, and doors, which are no less than 75% brick, stone, stucco or similar quality materials. These
proffers insure that the proposed dwellings are of the same high quality as those in adjacent
neighborhoods, ensuring values well above $500,000.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: A single-family dwelling and several outbuildings occupy the site.
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
· Single-family dwellings I AG-2 Agricultural
· Single-family dwelling I AG-2 Agricultural
· Seaboard Road
· Across Seaboard Road are Single-family dwellings I AG-2
Agricultural
· Golf Course I AG-1 Agricultural
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
Along the northern portion of the site are several mature trees, shrubs
and underbrush. Along the southern portion of the site is a stand of
cedar trees, which previously lined the old farm road into the now Heron
Ridge Estates subdivision.
There are no cultural features associated with the site other than the old
farmhouse.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Seaboard
Road in front of this site is a two-lane collector street. There are no projects in the currently adopted
HERON RIDGE PROPERTIES II, L.L.C.
City Council Meeting of April 25, 2006
Page 2
Capital Improvement Projects to improve this section of Seaboard Road. The Master Transportation
Plan depicts Seaboard Road as a 11 a-foot width right-of-way with a bikeway.
During detailed site plan review a right turn lane on southbound Seaboard Road to the proposed
connector road will be required. Additionally right-of-way will be required to be dedicated at the corners
of the proposed connector road with Seaboard Road. The proffered site plan depicts 15-foot corner radii
at Seaboard Road; this must be increased to a 35-foot radii.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Seaboard Road 2.996 ADT' 6.200 ADT Existing Land Use L - 10
Proposed Land Use 3_
110
,
Average Dally Tnps
2 as defined by the existing single-family dwelling
3 as defined by 8 single-family dwellings
WATER: City water does not front the site, but it may be extended for connection purposes provided hydraulic
analysis supports the potential demand. There are ten (10) inch city water mains in Heron Ridge Drive and
Heron Ridge Lane. Health Department approval is required for private wells. The developer has indicated that
the proposed development will connect to the City water system.
SEWER: The subdivision must connect to City sanitary sewer. Analysis of Pump Station #633 and the sanitary
sewer collection system is required to ensure future flows can be accommodated. There is a six (6) inch City
force main and an eight (8) inch gravity sanitary sewer line in Heron Ridge Road. An eight (8) inch gravity
sanitary sewer line exists in Heron Ridge Lane.
The Comprehensive Plan recognizes this site to be within the
Princess Anne I Transition Area. The land use planning policies and principles focus strongly on
promoting this area as a well-planned, low density, fiscally sound and desirable destination for people to
live, work, and play.
COMPREHENSIVE PLAN
"The policies of this Comprehensive Plan are designed to ensure that the Transition Area continues to be
a well-planned area. Employment, mixed use, and residential centers, each with its own open space and
trail system, will be clustered along and connected to the public greenway offering a variety of quality
home and work environments." (p. 143)
The Transition Area Matrix was used to evaluate this proposal. The evaluation indicates that the plan as
submitted meets the Transition Area policies.
HERON RIDGE PROPERTIES II, L.L.C.
City Council Meeting of April 25, 2006
Page 3
Staff recommends approval of this
request. The proposal has been
revised since the Planning Commission hearing and since the February 28 City Council hearing and now
conforms to the Comprehensive Plan's recommendations for this area. Development within the Princess
Anne / Transition Area is not to be considered as a continuation of the higher density growth existing in
the northern urban area of the city, but as a more limited type of growth, with its own development
standards suitable to the character of the area. The proposed density for this part of the Transition Area,
outside the Interfacility Traffic Area related to NAS Oceana, is one dwelling unit or less per developable
acre depending upon the degree to which the proposal meets the Transition Area criteria. This density
minimizes the level of impact on existing public infrastructure and avoids the need for higher level and
more expensive urban improvements. This is in keeping with the intent of the Green Line in that it
ensures that citizens in other parts of the city will not be subsidizing capital improvements to support
higher density development in this area. The development must strive for a minimum of 50% open space.
EVALUATION AND RECOMMENDATION
Staff concludes that the proposed development meets the criteria defined in the Princess Anne /
Transition Area Design Guidelines. The site is 8.41 acres with eight residential lots proposed. The lots
vary in size from 15,052 square feet to 41 ,546 square feet and are surrounded by the open space
provided as an amenity. The plan has been revised since the February 28, 2006 City Council meeting,
and the plan now shows that 50 percent of the total area will be open space. This has been achieved by
reducing the lot sizes from the R-20 level to the R-15 level and through a redesign of the project.
Staff recommends approval with the proffers as submitted. The proposed proffers are listed below.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(S107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1: When the Property is developed it shall be subdivided and landscaped substantially as
depicted on the "CONCEPTUAL SITE LAYOUT PLAN OFOAK BREEZE HERON RIDGE PROPERTIES",
dated 3/20/06, and prepared by MSA, P.C. ("Concept Plan"), which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Department of Planning.
PROFFER 2: Except for the existing dwelling located upon the lot designated 6 on the Concept Plan. each
of the single family residential dwellings to be constructed shall contain no less than 2500 square feet of
enclosed living area, excluding garage for one-story and no less than 2800 square feet of enclosed living
area for dwellings in excess of one-story. Each home shall have a garage for a minimum of two (2) vehicles
PROFFER 3: Except for the existing dwelling located upon the lot designated 6 on the Concept Plan, all
HERON RIDGE PROPERTIES II, L.L.C.
City Council Meeting of April 25, 2006
Page 4
residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim.
windows, and doors, which are no less than 75% brick, stone, stucco or similar quality materials.
PROFFER 4: When the Property is developed, the "DECLARATION OF PROTECTIVE COVENANTS,
CONDITIONS, RESTRICTIONS, CHARGES AND LIENS OF OAK BREEZE", which has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be
recorded by the Grantors for the purpose of subjecting the Property to the requirements set forth therein.
PROFFER 5: The party of the first part recognizes that the subject site is located within the Transition Area
identified in the Comprehensive Plan of the City of Virginia Beach, adopted December 2, 2003. In addition to
integrating significant open spaces with a low density, high quality, housing component as specified in the
Comprehensive Plan, the party of the first part agrees to contribute the sum of One Thousand Dollars
($1,000.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation
pursuant to Grantee's Outdoors Plan. If funds proffered by the party of the first part 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. The party of the
first part agrees to make payment for each residential lot shown on any subdivision plat prior to recordation
of that plat.
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 COMMENTS: The proffers listed above are acceptable.
The City Attorney's Office has reviewed the proffer agreement dated March 27, 2006, and found it to be
legally sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
HERON RIDGE PROPERTIES II, L.L.C.
City Council Meeting of April 25, 2006
Page 5
AERIAL OF SITE LOCATION
HERON RIDGE PROPERTIES II, L.L.C.
City Council Meeting of April 25, 2006
Page 6
PROPOSED SITE PLAN
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HERON RIDGE PROPERTIES II, L.L.C.
City Council Meeting of April 25, 2006
Page 7
PROPOSED SITE PLAN - DETAIL
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HERON RIDGE PROPERTIES II, L.L.C.
City Council Meeting of April 25, 2006
Page 8
Map J-13
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NAG-I
AG-I
AG-I
AG-I
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1. 1/14/03 Rezoning (AG-1 and AG-2 Agricultural to Conditional R-20 Approved
Residential)
2. 9/18/89 Conditional Use Permit (Borrow Pit) Denied
4/20/93 Conditional Use Permit (Single-family dwellings) Approved
9/28/93 Conditional Use Permit (Golf Course) and Subdivision
Variance Approved
6/28/94 Conditional Use Permit (Modify and enlarge golf course) Approved
7/8/97 Conditional Use Permit (Golf Course), Subdivision Variance,
Rezoning (AG-1 and AG-2 Agricultural to Conditional R-30
and R-20 Residential) Approved
ZONING HISTORY
HERON RIDGE PROPERTIES II, L.L.C.
City Council Meeting of April 25, 2006
Page 9
II DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm. business. or other unincorporated
organization. complete the following:
1. List the applicant name followed by the names of all officers. members. trustees,
partners, etc. below: (Attach list if necessalY)
Heron Ridge Properties II, L.L.C.: r'v1 & T Management. Inc., Managing Member:
Thomas C. Broyles, Member; Michael E. Barney. Member
2. List all businesses that have a parent-subsidiary 1 or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
o Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is differentfrom applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers. members,
trustees, partners. etc. below: (Attach list if necessBIY)
Heron Ridge Golf Club. L.C,: Thomas C, Broyles, Richard A. Mladick, Elly D. Mladick,
Jess G. Ross, Jerome P. Ross, Regent Investments, L.L.C.. and Georgetown
Commons. L.L.C., Members
2. List all businesses that have a parent-subsidiary 1 or affiliated business entiti
relationship with the applicant: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership. firm, business.
or other unincorporated organization.
; & L See next page for footnotes
Conditional Rezoning .Application
Page "11 of 12
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HERON RIDGE PROPERTIES II, L.L.C.
City Council Meeting of April 25, 2006
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HERON RIDGE PROPERTIES II, L.L.C.
City Council Meeting of April 25, 2006
Page 12
,
I 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 is 'plugged' into the
formula below to determine the recommended maximum density for the
development.
PROJECT: Heron Ridge Properties
MATRIX REVIEW DATE: 4/5/2006
PROJECT DATE:
Evaluative Criteria
Total Comments
Natural Resources
Degrees to which the project 2.0
preserves and integrates into the
overall project the natural
resource amenities on the site.
Amenity 4.0
Nature and degree of the
amenity
Design
Degree to which the project 4.0
incorporates good design into the
proiect
(A) TOTAL: 10.0
(8) TOTAL 111 possible points 0.90
(C) TOTAL 111 * 0.5 = 0.45
(D) Line (C) + 0.5 dulacre =
0.95 dulacre
(E) Line D * total 7.98 units I
developable acres (8.4) =
Transition Area Matrix
Page 1 of 7
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 Line B multiplied by 0.5, which is the amount between the baseline density of 0.5
dwelling units per acre and the possible 1 dwelling unit per acre (du/ac).
Line D --total from Line C added to 0.5 du/ac (the baseline density) to obtain the maximum 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.
(1) Natural Resources
Existing forests, wetlands, meadows, cultivated fields, and
related features
a) Are natural resources protected?
Comments:
· Yes, the proposed lots have been located to
protect the existing stand of cedar trees
along the southern portion of the site, as well
as the vegetation located on the northern
portion of the site around an old farmhouse.
b) Are natural resources integrated into project?
Comments:
· Yes. The stand of cedar trees will be part of
the open space for the site and will also
contribute to the adjoining neighborhood
through the retention of the trees and the re-
use of an existing dirt drive as a trail. The
open space is separated from the proposed
lots rather than integrated into the lots.
YES X (0 to 1
point)
NO 0 (0 points)
YES X (0 to 1
point)
NO [1 (0 points)
NATURAL RESOURCES TOTAL
Insert in appropriate box on page 1
Total
1
1
2.0
Transition Area Matrix
Page 2 of 7
(2) Amenit
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.
a) Is the amenity, if present, visually or
operationally available to those who do not
own property in the development?
Comments:
. Yes, a 50-foot buffer along the Seaboard
Road right-of-way flows into the open space
and trail described above. If the area is
developed creatively it will provide a visually
attractive amenity for the general public.
b) Does the amenity consist of recreational
components?
Comments:
. Yes, the existing dirt drive will be re-used as
a trail that connects the Heron Ridge
neighborhood to Seaboard Road, as well as
to a trail that will run around the proposed
lots through the open space area. An area
has also been set aside for picnic activity in
the open space behind Lot 4.
YES X (0 to 1
point)
NO C (0 points)
YES X (0 to 1
point)
NO 0 (0 points)
Total
1.0
1.0
Transition Area Matrix
Page 3 of 7
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? YES X (0 to 1
point) 1.0
Comments:
. Yes. New trails are shown, and a picnic area
is provided.
NO o (0 points)
d) Is there connectivity linking any open space
and/or amenities between this development
and adjacent existing or future developments?
YES X (0 to 1 1.0
Comments: point)
. Yes.
NO D (0 points)
AMENITY TOTAL 4.0
Insert in appropriate box on page 1
Transition Area Matrix
Page 4 of 7
v
(3) Oesi n
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:
. There are no existing or created water
features on the site.
b) Is there an attempt to integrate the amenities
as an integral part of the overall
development?
Comments:
. Yes. The existing features of the site (the dirt
drive and flanking cedars and the old
farmhouse) are retained as either visual or
operational amenities. New amenities, in the
form of the trails and picnic area, are added
as amenities and are easily accessible from
the lots and from outside the site.
YES X (0 to 1
point)
NO C (0 points)
YES X (0 to 1
point)
NO 0 (0 points)
Total
o
1.0
Transition Area Matrix
Page 5 of 7
c) Does the development retain or create views
or scenic vistas that can be seen from the
road? YES X (0 to 1
1.0
Comments: point)
. Yes, the development does retain the stand
of cedar trees that flank the dirt drive located
on the southern side of the site.
NO C (0 points)
d) Is a mixture of lot sizes and the clustering or
massing of homes used to achieve a primarily
open space development?
Comments: YES X (0 to 1 1.0
point)
. Yes. Lots range from 15,015 square feet to
41,546 square feet.
NO o (0 points)
Transition Area Matrix
Page 6 of?
e) Does the development use roadway and "hard
infrastructure" that is appropriate for its
design? Is it consistent with the vision and
recommendations of this area as expressed in YES X (0 to 1 1.0
the Comprehensive Plan? point)
I
Comments: i
. The proposed roadway section is appropriate
for its design.
!NO o (0 points)
DESIGN TOTAL 4.0
Insert in appropriate box on page 1
Transition Area Matrix
Page 7 of 7
Item # 1 & 2
Heron Ridge Properties II, L.L.c.
Change of Zoning District Classification
Subdivision Variance
2817 Seaboard Road
District 7
Princess Anne
December 14, 2005
REGULAR
Dorothy Wood: I'll turn it over to Mr. Joe Strange, our Secretary to call the first item
Joseph Strange: The first items are Items #1 & 2, Heron Ridge Properties II, L.L.C. An
Ordinance upon Application of Heron Ridge Properties II, L.L.c. for a Change of Zoning
District Classification from AG-1 and AG-2 Agricultural Districts to Conditi<?nal R-20
Residential District on property located at 2817 Seaboard Road and an Appeal to
Decisions of Administrative Officers in regard to certain elements of the Subdivision
Ordinance for property located at 2817 Seaboard Road, District 7, Princess Anne with six
proffers.
Eddie Bourdon: Thank you Madame Chair, for the record, Eddie Bourdon, a Virginia
Beach attorney representing the applicants and this property has been assembled by the
developers of the Heron Ridge Golf Course. Mr. Broyles, and his partners, and it's a 2-
acre assemblage. It's a two parcel assemble 8.41 acres on the west side of Seaboard Road
just north of the Estate of Heron Ridge. A substantial portion of the property is owned by
Mr. & Mrs. Weddle, whose home is on the property and is going to remain as one of the
proposed eight lots of the subdivision. The property adjoins the maintenance facility for
the golf course and the golf course itself to the west, there are some rural residential
homes along Seaboard Road that have been there for years on lots under three-acres in
size. We have a beautiful tree line driveway here, which we are going to convert to a
trail. The proposed development because it is a small site makes it difficult, as everyone
understood, when we did the Design Guidelines for the Transition Area that these small
infill sites would be difficult and this is the case here. We originally had talked about
bringing this in as a road but that would have caused these beautiful trees to come down
so the property has been designed with a road coming in here on this little short cul-de-
sac and clustering the lots on the northern side of the property. The lots vary in size. We
have preserved this area to the south as open space as well as the Transition Area or
Princess Anne buffer along Seaboard Road created the variances for the lots in the rear, in
order to reduce the size of the street and which are consistent with our guidelines. The
only issue that I am aware of that exists here is one of eight lots versus seven. And eight
lots are consistent with the one unit per acre. Where the issue arises on small properties
is where our goal. I believe it is written as a goal to strive for 50 percent open space.
Any small properties where you have to put a road in it, makes it virtually impossible to
do that. And, let me also point out that we are designing these home sites and the proffers
so that the homes built on these lots will be consistent with those at Heron Ridge. These
are actually the same proffers as far as the size of the homes and the architectural
requirements as exist in the adjacent Heron Ridge neighborhood. It is obviously a
tremendous amount of open space that is already there. With the golf course, with the
Heron Ridge community and we think we created a functional open space here that
connects through with the trail. It goes into Heron Ridge and we believe the only
equitable way to deal with these small infill properties where we actually design this one
in a manner that was suggested or recommended to us by the staff is to provide additional
monies for open space acquisition of a larger scale. We have done that with our proffers.
We proffered $1,500 per unit, which is more than has ever been proffered in any other in
the Transition Area development. I did mention that the property is not in an AICUZ area
so we don't have that problem or that issue here. What we think makes the most sense
and because of the suggested goal is to provide for additional funds for the City to require
more useful open space in areas where it is more necessary than in this particular location
where we are adjacent to some open space. We are meeting all of the other criteria. We
are not adverse to proffering additional funds over and above what is already in our
proffers if that will help to make it equitable in terms of what we are trying to achieve and
looking at what we have here with a small infill piece of property. Last thing that I will
mention is that we have no problem whatsoever adding a proffer that we will provide the
required buffer in the agricultural area from the Hartley's property to the north. The
Hartley's are wonderful people. I've known them for quite a while. We're certainly more
than happy to provide that proffered change as well. With that, I'll be happy to answer
any questions that you may have.
Dorothy Wood: Any questions for Eddie? Ron.
Ronald Ripley: What looks like to be a trail does that connect to the golf course
community?
Eddie Bourdon: This used to be a driveway coming into the farm behind it. This connects
it. I don't know if you have the aerial. There is actually a drive aisle coming down to the
maintenance facility on the west, right through here. This connects all the way through to
Heron Ridge.
Ronald Ripley: So a pedestrian can walk through?
Eddie Bourdon: The trail would encumber all the way through and then out on to
Seaboard Road. Hopefully and eventually a means will be had to get across to the east.
Ronald Ripley: Where is the Hartley's property?
Eddie Bourdon: It's the property to the north right here.
Ronald Ripley: What kind of buffer would you put in?
Eddie Bourdon: The required buffer under the Agricultural Zoning would be a, I think
it's a 50 foot area that you have to have buffered with low vegetation adjacent to it and as
high you can back bone it.
Ronald Ripley: You mentioned additional money that you might be willing to proffer.
Did you consider what that would be?
Eddie Bourdon: We don't have a problem say $25,000 as a total amount proffered
towards acquiring open space elsewhere to make up for the slight short problem of the
matrix. The reason for the shortfall is primarily because of the small nature of the site. I
think we had originally proffered 1,500, which would be close to doubling what we
proffered already. Actually we would be doubling it. The most I ever had a client proffer
for open space acquisition and Transition Area was $750.00 a unit, which is not a
requirement. We've done that in cases where there was already 50 percent open space of
a larger project.
Dorothy Wood: Mr. Din.
William Din: Mr. Bourdon, I guess one of the concerns that I heard expressed to me was
the quality of the houses that will be built on this property. There are no elevations
provided or anything like that other than this one proffer. Why aren't elevations provided
on this issue?
Eddie Bourdon: The proffers are identical to the proffers that we used with Heron Ridge.
The house that will be built here will the same quality, the same type of homes that were
built in Heron Ridge, which the applicants, as I said are the developers of the golf course
at Heron Ridge and the actual development ofthe homes themselves were done by
number of different builders pursuant to the very same proffers. They will be identical to
the houses in Heron Ridge in terms of their size and their architectural features and
building materials. That is the same proffer. We can go out and take pictures of those
houses at Heron Ridge and give you those. That is what the proffer is what I'm saying.
William Din: This piece of property is not associated with the Heron Ridge development.
Correct?
Eddie Bourdon: No. It will be in association with. We will have to approve the plans.
I'm sorry if that is what you're asking. The plans will have to be approved by the
developer as being consistent with the proffers, which is 75 percent brick, and the size of
the homes.
William Din: I'm finished.
Ronald Ripley: A point of clarification. You said the proposed adjusted proffer is
$25,000 total. Is that what you said?
Eddie Bourdon: Yes. That would be little over $3,000 per unit. We will be happy to
revise the proffer to increase the amount so as to provide funds that require open space. I
do think. that in this location we certainly have significant open space provided for.
Dorothy Wood: $25,000 is good. Eddie, answer any questions after the next speaker
please? Thank you.
Joseph Strange: Speaking in opposition we have Laura Sisino.
Dorothy Wood: Hello and welcome.
Laura Sisino: Hi. Thank. you for listening to me today. My name is Laura Sisino. I
reside at 2821 Seaboard Road, which backs up to the proposed plan for the property.
Dorothy Wood: Would you show us your property? There is a pointer right there.
Laura Sisino: This house right there is my property.
Dorothy Wood: Okay. Thank you.
Laura Sisino: I moved to the small farmhouse with rural charm and openness. It is my
sincere wish to preserve the qualities and value in this neighborhood. By doing so I
suggest that we keep the open space desire at the minimum of 50 percent as suggested in
the guidelines of the Princess Anne Transition Area. With the current at 41 percent of
open space, I feel it is not suitable to the character of this area. The layout of the current
plan does not allow for each dwelling to maximize the views of the open space. On Lot 5
exists a beautiful historical home with some very old trees next to the farmland. The
back end of my lot is only 25 feet deep. And, the dwelling of such proportions that is
proposed to be built on Lot 6 between my residence and Lot 5, I feel that the historical
home and my house would not be in keeping with the integrity and the character of this
area. I have spoken with the local realtor and I'm concerned because I was informed that
if in fact a home is built on Lot 6, it would more likely decrease the value of my home as
it will more than likely be close enough to tower over my home. However, if Lot 6 does
remain, I would request because of the odd shape of my lot and its very shallow, I would
request that consideration be made for several more feet. The back of my home and
allow for me to have more open space. I hope also that an eight-foot fence or a buffer
zone could be considered for me as well as the farmland. I hope we can continue to shape
this area and provide a clear vision that will respect its past while we plan for its future
and provide the quality that this area deserves. I hope that the Commission understands
that I speak for my part that I wish to see this area remain true to its character.
Dorothy Wood: Thank. you. Would you please answer any questions if we have any?
We don't have any. Thank you so much.
Laura Sisino: Thank. you.
Dorothy Wood: Mr. Bourdon. Would you like to say a few words in rebuttal?
Eddie Bourdon: Just a few words. We have. in fact, for the Widdle's benefit, have tried
to preserve their home. That is why their lot is carved out with their existing home that is
much larger than the others. We would be happy to plant a buffer along the boundary
here to the ladies property.
Dorothy Wood: Just like she requested Eddie?
Eddie Bourdon: We don't have any problem with that. We'll be happy to do that.
Dorothy Wood: Thank you. Are there any other qu~stions for Mr. Bourdon?
Donald Horsley: I have a question for Mr. Scott.
Dorothy Wood: Yes sir.
Donald Horsley: Bob, this 50-foot buffer between the agricultural land can that be
counted as open space?
Robert Scott: If it is restricted as to use and made available to all the people that are out
there, I'm not quite sure how that would configure.
Donald Horsley: That wouldn't work?
Robert Scott: To us, there is a win-win situation here. This is not really that hard of a
problem. Mr. Bourdon makes some good points. But I think the speaker made some
good points as well. First of all there is the issue of the Transition Area Guidelines,
which are reasonable and universally applied throughout this area. It is not hard to go
from 41 percent to 50 percent and meet the basic minimums. The Planning Staff can
show how to do it. It can be laid out to meet that guideline. I would suggest that this
property needs to be developed much that has been proposed by the applicant but with
some minor adjustments that brings it in to compliance with the guidelines. Perhaps to a
little bit better job of taking care of the concerns of the residents nearby. I think it is
pretty easy to do.
Dorothy Wood: Thank you. Perhaps if we voted on it today and passed it on? Mr.
Bourdon?
Eddie Bourdon: I was simply going to say we have had good dialogue with the staff and
have had extensive dialogue and would be happy to continue to do so. I think by
preserving the Widdle's existing structure and the size of that lot is also a contributor to
the small short falls. I'll be more than happy to work with Mr. Scott and his staff
between now and City Council.
Dorothy Wood: Thank you. We still want the $25,000 though Eddie.
Eddie Bourdon: We've been amenable to that because we understand the small nature of
the sites to take it away to make equitable.
Dorothy Wood: Thank you.
Donald Horsley: Mr. Scott, does that seem to be alright with you?
Robert Scott: It's alright with us if we work toward the goal of meeting the basic
minimums. I think my staff has gone above and beyond the call of duty in actually doing
some design work on this property. We're willing to continue to do that because I think
the speaker that came up from the adjoining property does make some pretty good points.
I think it's to meet those concerns. We're look forward to the opportunity to continue
that discussion.
Dorothy Wood: As we all mentioned this morning, Mr. Scott we're very lucky to have
you and your staff. We all appreciate you. Thank you.
Ronald Ripley: Mr. Scott, does that mean reconfigure the open space somehow?
Robert Scott: It might be to reconfigure it and slightly increase it. I think it would be a
good thing to be able to say that this application met the basic requirements of the area.
And, I think we need to do it. I know there are some obligations based on the contract
that has been described to us and we respect them. I know we have to work around that.
We're willing to do that. But if necessary, a few things need to be changed around.
Incidentally, we're not interested in having a loss oflots out here. Eight versus seven if
you can do it right.
Dorothy Wood: Thank you. Is there any other discussion? Do we have a vote?
William Din: I think the write up by the staff recommends a denial of this application
because of the lack of 50 percent open space. Even though that is just a guideline, I think
we should stay true to that guideline. I would like to see something more positive or
concrete in the way of making these changes so that when we meet that 50 percent either
that or defer this item, but I would not prefer this, and I don't think I will support
approving this item because of that. I would strongly recommend to us that 50 percent is
an affordable issue here. And I think based upon Mr. Scott's statements that this thing can
work out and establish and continue that 50 percent guideline we should try to do that.
So, unless we are deferring this item or something more concrete is put in here, a proffer
or some sort, I don't know if that is proper or not? I cannot support for approval at this
time.
Dorothy Wood: Mr. Knight.
Barry Knight: I see the applicant has done a couple of things. He's assembled some
properties albeit small properties but he has assembled properties, which is what we want.
And, he has made some move to try to protect the agricultural side, which is in our code
but he's done that and he's agreeable to doing that. Mr. Scott said he didn't mind the
eight lots and I think eight lots is in keeping with Heron Ridge, which is going to the
adjacent property owners, are going to be a good consideration. Sometimes on these
Transition Area Guidelines the guidelines don't apply to all pieces of property
particularly the smaller parcels of property. We're out of compliance on the
recommendation of open space by 9 percent from 41 percent to 50 percent. And, he is
going to proffer $25,000 to put into open space fund to purchase open space, hopefully in
the general area but for some more open space. I think I would like to make a motion to
pass this on with the understanding that he is going to get eight lots. It's going to
conceptual as to this. The $25,000 proffer but also the understanding to get with staff and
go to Council and hopefully that 41 percent can be uplifted. He may not be able to make
the 50 percent but it can be uplifted with consideration of $25,000 proffered open space.
I'll put that in a way of a motion.
Dorothy Wood: Thank you. A motion by Barry Knight and seconded by John Waller to
approve the application.
Robert Miller: Madame Chair?
Dorothy Wood: Yes Mr. Miller.
Robert Miller: I need to abstain. My firm is working on the project.
Dorothy Wood: We appreciate it Mr. Miller. Are there any comments before we vote?
Okay.
AYE 8
ANDERSON AYE
CRABTREE AYE
DIN
HORLSEY AYE
KATSIAS
KNIGHT AYE
MILLER
RIPLEY AYE
STRANGE AYE
WALLER AYE
WOOD AYE
NAY 1
ABS 1
ABSENT 1
NAY
ABSENT
ABS
Ed Weeden: By a vote 8-1, with the abstention so noted, the application for Heron Ridge
Properties has been approved.
Dorothy Wood: Thank you.
Prepared by: Kaufinan & Canoles, P.c. (MEB)
P.o. Box 626, Virginia Beach, Virginia 23451
Tax MaplParcel Nos.: 2403-67-5308
2403-66-4725
DECLARA TION OF PROTECTIVE COVENANTS.
CONDITIONS. RESTRICTIONS. CHARGES AND LIENS
OF
OAK BREEZE
Section 1.2.
Section 1.3.
Section lA.
Section 1.5.
Section 1.6.
Section 1.7.
Section 1.8.
Section 1.9.
Section 1.10.
Section 1.11.
Section 1.12.
Section 1.13.
Section 1.14.
Section 1.15.
Section 1.16
Section 1.17.
Section 1.18.
Section 1.20.
Section 1.21.
Section 2.1.
Section 3.1.
Section 3.2.
Section 3.3.
TABLE OF CONTENTS (continued)
Page
TABLE OF CONTENTS
DECLARATION OF PROTECTIVE COVENANTS,
CONDITIONS, RESTRICTIONS, CHARGES AND LIENS
OF
OAK BREEZE
ARTICLE I
DEFINITIONS
"Annual Assessment".. ............... ......... ... ............ ... ..... ....... ........... ....... .... .....1
"Architectural Review Board" .... ........... ...._.__.. ........................_.._................1
"Articles" .............. ......... ........... ...... ........ ............... ............................-.. ........1
"Association" ....... ............... ..................... .... ..... ............ ......... ........... ....... ....1
"Bylaws" ......................._.... ........... ................. _. .... .......... ......... ........ ......... ....2
"Clerk's Office" ................ ...................... ........... .......... .._...... _. ......... ......... ....2
"Common Area" ............... ....... .......... ._.... .......... .............................. - ........ ....2
"Declaration" ................ ............... _.... ......... ....... ......... .... ........................... ....2
"Developer" ........ ..............._ _. ....................................... ............................. ....2
"General Assessments" ... ..................... .................._ _.... ............................ ....2
"Governing Documents" _.................... _.................. ........... _ _............ ......_......2
"Improvement" . ............ ...... __............... ..._... ............................ _......._.... ..... ....2
"Lot" ............... ......... ............. .............. ........................... .... ........... .... ........ ....2
"Member" ................... ._.. ........... _. ......... ...... ............ _......... ......... ......... ..........2
"Municipality" .................... ......... ....... .............................. ........ ........ ........ ....3
"Owner" ... ............................ ....... ......... .................... ..... ....... ......... ......... ......3
"Property" .... ............ .... ......... .................... .................. ....... ... ........... ......... ....3
"Virginia Code"............................ .... ............. ... ...... .~........................ ......... ...3
"Zoning Ordinance" ........ ........... ......................... ..... ................ .... -........... ....3
ARTICLE II
ADDITIONS TO THE PROPERIT
Additional Area............ .................... ...................... ................. ............... ......3
ARTICLE III
OWNERS ASSOCIATION
Membership......................................... ............. ................. ................... .......3
Classes of Membership........_......... ....................... .................. __...................3
Voting Rights .. ...... ............ ........... ....._... .... ............................_..._... ... ... ...... ...4
11
Section 3.4.
Section 3.5.
Section 4.1.
Section 4.2.
Section 4.3.
Section 4.4.
Section 4.5.
Section 4.6.
Section 4.7.
Section 4.8_
Section 4.9.
Section 5.1.
Section 5.2.
Section 5.3_
Section 5.4.
Section 5.5.
Section 5.6.
Section 5_7.
Section 5.8.
Section 5.9.
Section 5.1 O.
Section 5.11.
Section 6.1.
Section 6.2.
Section 6.3.
Section 6.4.
Section 6.5.
Section 6.6.
Section 6.7.
Section 6.8.
TABLE OF CONTENTS (continued)
Page
Suspension of V oting Rights .. ........................ '.' ...... ...._. ..............................4
Articles and Bylaws to Govern; Property Owners' Association Act ._.........4
ARTICLE IV
COMMON AREA
Obligations of the Association............. ..................... ....... ........ ........... .........4
Owners' Rights of Enjoyment and Use of Common Areas..........................5
General Limitations on Owners' Rights ....... ............._............. .._... ...............5
Delegation of Use... -...................-. ................... ......... _............................ ......6
Damage or Destruction of Common Area by Owner _.................................6
Rights in Common Areas Reserved by Developer .....................-................6
Title to Common Area ....... ........... ................ .............._............ ....................7
Veterans Administration Approval................. _ ........_................................... 7
Reservation of Rights Regarding Common Area ........................................7
ARTICLE V
ASSESSMENTS
Creation of the Lien and Personal Obligation for Assessments ..................8
Purpose of Assessments ...... .... ...................... ................... .... ..... ......... ..........8
Annual Assessments ...............-........ ............................_............ _................ ..8
Special Assessments........................... ............. ....... ..._............. _.... _.... ..........8
Date of Commencement of Annual Assessments........................................9
Effect of Nonpayment of Assessments; Remedies of Association..............9
Subordination of Lien to Mortgages ......................._.................... ................9
Exempt Property -.--....... .....-.... ... ...... ......... ............_...... .... .._......... ................9
Annual Budget ......-... ................. ............................. ........................ ..-........10
Capitalization of Association .................................... ................... ..............10
Loans by Developer .. .....-...-.........................................._........_. .......... ........1 0
ARTICLE VI
ARCHITECTURAL CONTROL
Architectural Review Board .... ........ ................. ........ _... ....-........................10
Plans to be Submitted ......... ................................................ ....... ................11
Consultation with Architects, etc.; Administrative Fee .............................11
Approval of Plans.... ............... ................................. ............_. ...... ..............12
No Structures to be Constructed, etc. Without Approval..........................12
Guidelines May Be Established ................................................-................12
Limitation of Liability........ ............................. ............._...._..........._. .._..... ...] 2
Other Responsibilities of Architectural Review Board .............................12
Jl)
TABLE OF CONTENTS (continued)
Page
ARTICLE VII
USE OF PROPERTY
Section 7.l.
Section 7.2.
Section 7.4.
Protective Covenants ..................._._....... _....__ .................... .........................13
Maintenance of Property............... ............ ....... ..........-.. .............................19
Security. __.. .... ........... .......................... ..... .............. ......-...... .-......... ...-....... ..19
ARTICLE VIII
EASEMENTS
Section 8.1.
Section 8.2.
Section 8.3.
Section 8.4.
Section 8.5.
Section 8.6.
Section 8.8.
Utility Easements. .... ... ........ ....... ... ........... ....-......... ......... .......... ..... .......... ..20
Erosion Control......... ... ....... .............. ....... ............. ....... .............. ....... ..... ....20
Maintenance of Lots .. .......... ............ .... ... ...... ... ................ ...... ............. .......20
Construction Easements and Rights.. ....... ......... .......... ........ .... ....... ... ...... ...21
Right of Entry for Governmental Personnel........................................_.....21
Easement for Landscaping, Signs and Related Purposes...........................21
Easement for Encroachment ......................................................................21
ARTICLE IX
GENERAL PROVISIONS
Section 9.10.
Section 9.11.
Section 9.12.
Section 9.13.
Durati on ......................................... ..................... ..................................... ..22
Amendm ents ........_.................................................................................... .22
Enforcement .... ............ ....... ................... ......... ...-.- ...... ~ ........................... ....22
Limitations.. ... ......... ............ ......... .... ................ ...... ..... ........ .... ....... ........ ....23
Severability........... ....... ...... ..... .............. ........................ ........ .., ....... ....... ....23
Confli ct ............................... _...................... _.............................................. .23
Interpretation... .............. ...... ..... ............ _'. ...... ...... ................... ................. ...23
Use of the Words "Towne Square" or "Towne Square Community
Association" . ........... ... ......... ..... .................. ... ...... ....... ...... .... ..... ...... ....... ....23
Approvals and Consents ..... ............. ............... ............... ....... .......... ....... ....23
Assignment of Developer's Rights.... ......... ....... ..... ..... ............. .......... ..... ...23
Successors and Assigns....... ..........._............ .... ............ ........ ..... .......... ........23
Compliance with Property Owners' Association Act.................................24
Section 9.l.
Section 9.2.
Section 9.3.
Section 9.4.
Section 9.5.
Section 9.6.
Section 9.7.
Section 9.8.
ARTICLE X
DISSOLUTION OF THE ASSOCIATION
Dissolution of the Association. .._....... ........... ...... ................... .............. ..... .................................... .24
ARTICLE XI
NOTICES
'Notices
24
EXHIBIT A
IV
DE CLARA TION OF PROTECTIVE COVENANTS,
CONDITIONS, RESTRICTIONS, CHARGES AND LIENS
OF
OAK BREEZE
THIS DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,
RESTRICTIONS, CHARGES AND LIENS ("this Declaration") is made this _ day of
,2006, by HERON RIDGE PROPERTIES II, LLC, a Virginia limited liability
company ("Heron"); William E. WEDDLE and Jean Ray WEDDLE, husband and wife
("Weddle"); and M&T MANAGEMENT, INC., a Virginia corporation ("Developer") [all
named herein as "Grantor" for purposes of recording].
RECITALS
Heron and Weddle are the owners of certain real estate in the City of Virginia Beach,
Virginia, on which Developer intends to create an eight (8) lot residential community to be
generally known as "Oak Breeze." In order to provide for the preservation and enhancement of
property values and the maintenance and care of certain amenities within the community,
Developer desires to subject (subject to the limitations hereinafter set forth related the the Lot
owned by Weddle) the real estate described in EXHIBIT A to the covenants, restrictions,
easements, charges and liens hereinafter set forth, all of which are for the benefit of and binding
upon the Property and the Owners within the Property so subjected.
NOW, THEREFORE, Developer hereby declares that the real estate described in
EXHIBIT A hereto, is and shall be held, transferred, sold, conveyed and occupied subject to the
covenants, restrictions, easements, charges and liens hereinafter set forth, as the same may be
amended, modified, supplemented or restated from time to time.
ARTICLE I
DEFINITIONS
Section 1.1. "Annual Assessment" shall have the meaning set forth in Section 5.2 of this
Declaration.
Section 1.2. "Architectural Review Board" shall have the meaning set forth in Section
6.1 of this Declaration.
Section 1.3. "Articles" means the Articles ofIncorporation of the Oak Breeze
Community Association, as the same may be amended from time to time.
Section 1.4. "Association" means the Oak Breeze Community Association, a Virginia
nonstock corporation, its successors and assigns.
Section 1.5. "Bylaws" means the Bylaws of Oak Breeze Community Association, as the
same may be amended from time to time.
Section 1.6. "Clerk's Office" means the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia.
Section 1.7. "Common Area" means (i) real estate and or easements specifically
designated as "Common Area" or "Common Area Easement" on recorded plats of the Property
or in any other instrument executed by Developer and recorded in the Clerk's Office which are
not dedicated to the Municipality or other governmental authority; (ii) the portions of the
Property, if any, designated as "Open Space," Open Space Easement" or similar purposes on
recorded plats of the Property and conveyed (by deed or plat dedication or easement) to and
accepted by the Association; and (iii) an other real property, easements, and improvements or
facilities now or hereafter owned or leased by the Association which are intended to be devoted,
in whole or part, to the common use and enjoyment of the Owners. The Common Area includes
or may in the future include, without limitation, entrance signs and entry features, landscaping
easements ,or lighting located within or adjacent to streets within the Property, a park and open
space areas, one or more storm water detention ponds.
Section 1.8. "Declaration" means this Declaration of Protective Covenants, Conditions,
Restrictions, Charges and Liens as the same may from time to time be supplemented or
amended.
Section 1.9. "Developer" means M&T Management, Inc., and its successors as
"Developer" of the Property to whom Developer has assigned its rights hereunder by instrument
recorded in the Clerks' Office as provided in Section 9.11.
Section 1.10. "General Assessments" shall have the meaning set forth in Section 5.3 of
the Declaration.
Section 1.11. "Governing Documents" means the Articles, the Bylaws, this Declaration,
as the same may be amended or supplemented from time to time.
Section 1.12. "Improvement" shall have the meaning set forth in Section 6.2 of this
Declaration.
Section 1.13. "Lot" means any lot which is shown on a recorded subdivision plat of all or
a portion ofthe Property (or any subsequently recorded subdivision plat) and on which is
constructed or is to be constructed a single family, detached residence. The tenn "Lot" shall not
include any portion of the Property which at the time in question is not included in a recorded
subdivision plat, nor shall "Lot" include Common Areas, private streets or property dedicated to
and accepted by a public authority.
Section 1.14. "Member" means every person or entity who holds membership in the
Association.
2
Section 1.15 "Municipality" shall mean the City of Virginia Beach, Virginia.
Section 1.16. "Owner" means the record holder, whether one or more persons or
entities, of fee simple title to any Lot, including contract sellers, but excluding those having such
interest merely as security for the performance of an obligation.
Section 1.17 "Property" means all property currently subjected to this Declaration,
together with such other real property as may from time to time be subjected in whole or in part
to this Declaration by Developer pursuant to Article II hereof as and when such other real
property is subjected.
Section 1.18 "Virginia Code" shall mean the Code of Virginia (1950), as in effect on the
first date of recordation of this Declaration and as amended from time to time thereafter. Except
as otherwise expressly permitted herein, if any sections of the Virginia Code referred to in this
Declaration are hereafter repealed or recodified, each such reference shall be deemed to apply to
the section of the Virginia Code that is the successor to the previous section referred to herein,
or, if there is no successor section, such reference shall be interpreted as if the section had not
been repealed.
Section 1.19 "Zoning Ordinance" means the Comprehensive Zoning Ordinance adopted
by Council of the City of Virginia Beach, Virginia, as may hereafter be amended, including all
special zoning applicable to the Property and any proffered conditions incorporated therein,
together with all other zoning ordinances, rules and regulations applicable to the Property. If the
Zoning Ordinance or any other applicable ordinances, rules and regulations in effect on the first
date of recordation of this Declaration are subsequently repealed, amended or supplemented in
any respect or if any variances or waivers are subsequently granted with respect thereto, the term
"Zoning Ordinance" when used in interpreting or applying this Declaration at any point in time
shall mean the Zoning Ordinance and such other ordinances, rules and regulations as they have
been repealed, amended, supplemented, varied or waived as of such point in time.
ARTICLE II
ADDITIONS TO THE PROPERTY
Section 2.1. Additional Area. There are no additions to the Property contemplated_
ARTICLE III
OWNERS ASSOCIATION
Section 3.1. Membership. Every Ownerofa Lot shall be a member of the Association.
Membership shall be appurtenant to and shall not be separated from ownership of any Lot. Upon
the recordation of a deed to a Lot, the membership of the selling Owner shall cease and the
purchasing Owner shall become a member of the Association.
Section 3.2_ Classes of Membership. The Association shall have two classes of voting
membership:
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Class A. All Owners of Lots, including Developer as to Lots owned by Developer, shall
be Class A members.
Class B. Developer shall be the Class B member. The Class B membership shall
terminate on the earlier of (i) the date on which Developer ceases to own two or more of the
approved Lots lying within the Property or, (ii) the date on which Developer executes and
records in the Clerks' Offices an amendment to this Declaration terminating the Class B
membership.
Section 3.3. Voting Rights.
(a) Each Class A Member including Developer, shall be entitled to cast one
(1) vote for each Lot owned.
(b) Developer as the Class B Member shall be entitled to cast three (3) votes
for each Lot owned.
Section 3.4. Suspension of Voting Rights. The Board of Directors of the Association
may suspend the voting rights of any Member subject to assessment under this Declaration
during the period when any such assessment shall be delinquent, but upon payment of such
assessment the voting rights of such Member shall automatically be restored.
Section 3.5. Articles and Bylaws to Govern~ Property Owners' Association Act. Except
to the extent expressly provided in this Declaration, all the rights, powers and duties of the
Association and the Members, including the Members' voting rights, shall be governed by the
Articles and the Bylaws. The Articles provide, among other things, that the Class B member
shall appoint the members of the Board of Directors until the Class B membership terminates.
However, in the event of any conflict or inconsistency between the provisions of this Declaration
and the provisions of the Articles or Bylaws, this Declaration (to the extent applicable) shall
control. In addition to all of the rights, powers and duties of the Association provided in this
Declaration, the Association shall have all of the rights, powers and duties provided in the
Property Owners' Association Act, Section 55-508 et seq. of the Virginia Code, as the same may
be amended from time to time. Except as expressly provided otherwise by applicable law, all
Temedies provided to the Association by the Property Owners' Association Act shall be in
addition to the remedies set forth in this Declaration.
ARTICLE IV
COMMON AREA
Section 4.1. Obligations of the Association. The Association, subject to the rights ofthe
Members set forth in this Declaration, shall be responsible for the maintenance, management,
operation and control (subject to the right of entry by the public and! or the citizenry oftbe
Municipality over tbe area designated" Open Space", containing approximately 4.2 acres,
under applicable transition zone ordinances and guidelines and subject to assumption of
risk by non-Members in exercising such general access rights and subject to tbe limitation
of liability of the Association for such entry as hereinafter set forth) , of the Common Area
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leased, conveyed, reserved or dedicated to or for the benefit of the Association and all
improvements thereon constructed thereon by the developer or the Association (including
fixtures, personal property and equipment related thereto) and shall keep the Common Area and
such improvements thereon erected by the Developer and Association in accordance with the
requirements of the Zoning Ordinance, this Declaration, and the Association shall keep the same
in good, clean and attractive condition, order and repair.
The Association shall be responsible for the management, control and maintenance of all
private streets and street intersection signs, street lighting (to the extent not maintained by the
Municipality or other governmental authority), directional signs; plantings; entrance features
and/or "theme area" lighting; stone, wood or masonry fence or wall features and/or related
landscaping; and pedestrian or bicycle paths, which are erected, installed or planted in the
Common Areas by the Developer or the Association for the benefit of the Members or the
Association; and provided such items are not maintained by the Municipality or other
governmental authority or other association and are located within Common Areas.
Section 4.2. Owners' Rights ofEnloyment and Use of Common Areas. Subject to the
provisions of this Declaration and the Articles and Bylaws, every Owner shall have a non-
exclusive right, in common with other Owners and Members, aDd subject to the public's right
to access as set forth in 4.3 below, of enjoyment in and to the Common Areas which right of
enjoyment shall be appurtenant to and shall pass with the title to every Lot. The Common Areas
shall be used by Owners only for the purpose or purposes for which they may have been
improved by Developer or the Association and subject to any applicable restrictions or proffers
in the Zoning Ordinance. Any Common Area which has not been improved for a particular use
is intended to remain in its natural condition until so improved, and any use thereof by an Owner
shall not damage or disturb such natural condition or the enjoyment thereof by other Owners.
Section 4.3. General Limitations on Owners' Rights. The Owners' rights of enjoyment
in the Common Areas shall be subject to the following:
(i) the right of the Association to establish reasonable rules and
regulations and to charge reasonable admission and other fees for the use of the Common Areas;
(ii) subject to the limitation imposed by the last sentence of Section
55-5]4 C. of the Virginia Code as in effect on the date hereof, the right of the Association to
suspend the right of an Owner to use or benefit from any of the Common Areas for the period
during which any assessment against his Lot is delinquent;
(iii) the right of the Association to suspend the right of an Owner to use
or benefit from any of the Common Areas for any period during which any other violation by the
Owner of this Declaration, or the rules promulgated by the Association pursuant to this
Declaration remains uncorrected after the last day of a period established for correction by the
Association (such period to be stated in a notice to the Owner together with a statement ofthe
"Violation complained of and the manner of its correction) and for not more than sixty (60) days
after such correction;
5
(iv) subject to the Bylaws, the right ofthe Association to mortgage any
or all of the Common Areas for the purpose of making improvements or repairs thereto;
(v) subject to the Bylaws, the right of Developer or the Association to
grant utility easements across the Common Areas as provided in Section 8.1;
(vi) subject to the Bylaws, the right of the Association to dedicate or
transfer all or any part of the Common Areas to any public agency, authority or utility for such
purposes and subject to such conditions as may be desired by the Association;
(vii) all of the other easements, covenants and restrictions provided for
in this Declaration applicable to the Common Areas; and
(viii) the right of the citizens of Virginia Beach or the public, as
applicable, to exercise the right of entry in a lawful manner if and as provided in
applicable ordinances of the Municipality's Transition Zone Guidelines; provide however
that neither the Association, nor its Members, Directors, or Officers shall have any liability
to the public or such citizens when exercising any such right of entry established by the
applicable rules, regulations and ordinances of the Municipality, and as a pre-condition to
any organized event or gathering on the Open Space, such sponsor or organizer shall
furnish the Association with an acceptable certificate of prepaid insurance insuring the
Association from any and all liability, property damage and personal injury, containing
limits of not less than $100,000 property damage and $1,000,000 singlelirnit liability. By
entry on the Common Area or Open Space each non-Member shall be deemed to have
assumed all risk ofloss or injury, and to have released, and agreed to indemnify and save
harmless, the Association and its Members, Directors and Officers from any and aJl
liability for personal injury or property damage whatsoever.
Section 4.4. Delegation of Use. Any Owner may delegate his right of enjoyment to the
Common Area to members of his family living on his Lotand to his guests (but only if
accompanied by Owner) and may transfer such right to his tenants, all subject to such rules and
regulations and fees as may be established from time to time by the Association.
Section 4.5. Damage or Destruction of Common Area by Owner. In the event any
Common Area or improvement thereon constructed by the Developer or the Association is
damaged or destroyed by an Owner, his tenants, guests, licensees, agents or members of his
family, the Association may repair such damage at the Owner's expense. The Association shall
repair such damage in a good and workmanlike manner in conformance with the original plans
and specifications of the area or improvement involved, or as the Common Area or improvement
may have been theretofore modified or altered by the Association, in the discretion of the
Association. The cost of such repairs shall become a special assessment on the Lot of such
Owner and shall constitute a lien on such Owner's Lot and be collectible in the same manner as
other assessments set forth herein.
Section 4.6. Rights in Common Areas Reserved by Developer_ Until such time as
Developer conveys a parcel of real estate constituting Common Area to the Association,
6
Developer shall have the right as to that parcel, but not the obligation, (i) subject to the
provisions of Article VI hereof, to construct such improvements thereon as it deems appropriate
for the common use and enjoyment of Owners, and (ii) to use the Common Area for other
purposes not inconsistent with the provisions of this Declaration. Until such time as Developer
conveys a parcel of real estate constituting Common Area, as the case may be, to the
Association, Developer, shall maintain such Common Area in neat condition and repair,
including mowing and removing underbrush and weeds.
Section 4.7. Title to Common Area. Developer may retain legal title to the Common
Area as the case may be, or portions thereof, but notwithstanding any provision herein to the
contrary, Developer shall convey each Common Area to the Association, in a condition
acceptable to the Association, free and clear of all liens, but subject to this Declaration and all
other easements, conditions and restrictions of record at such time as such improvements are
completed and in a condition acceptable to the Association. Regardless of whether the Common
Areas actually have been conveyed by the Developer, as the case may be, Owners and the
Association shall have all the rights'and obligations imposed by this Declaration, the Articles and
Bylaws with respect to the Common Areas from and after the date such Common Areas are
designated as such by recordation of an appropriate instrument in the Clerk's Office. The
Association shall be liable from the date a deed or deeds to such Common Area is recorded in the
Clerk's Office for payment of taxes, insurance and maintenance costs with respect thereto. Until
the Common Areas are conveyed to the Association, Developer, as the case may be, shall be
liable for payment oftaxes, insurance and maintenance costs with respect thereto.
Section 4.8. Federal Mortgage Agency. So long as the Class B Membership exists and a
mortgage or deed of trust in favor of or insured by the Veteran's Administration, the U.S.
Department of Housing and Urban Development, the Federal Home Loan Mortgage Corporation,
Qr the Federal National Mortgage Association exists on any Lot, Developer shall not do the
following without the prior written approval of the Veterans Administration: (i) annex any
Additional Area, (ii) mortgage any Common Areas, (iii) dedicate any material Common Areas to
general public use except as required by the Zoning Ordinance, or (iv) consolidate, merge or
dissolve the Association.
Section 4.9. Reservation of Rights Regarding Common Area. Certain of the open space,
conservation areas, and historic resources may be better suited for ownership by a private,
nonprofit organization among whose purposes is the conservation of open space land and/or
natural or historic resources. Notwithstanding anything in this Declaration to the contrary, and
regardless of whether such areas have previously been designated as Common Areas, Developer
reserves for itself, and it's successors and assigns, the right, for so long as Developer is a
Member, to transfer and convey in fee simple such open space, conservation areas, and historic
resources as Developer deems in the best interests of such areas to the Municipality or one or
more governmental or private, nonprofit organizations. Developer specifically reserves the
right to grant non-exclusive access rights and the non-exclusive right to erect, maintain
and use, a playground on the Common areas to the governing organization of the adjacent
community, Heron Ridge Estates. Any transfer and conveyance shall comply with the specific
criteria set forth in the Zoning Ordinance.
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ARTICLE V
ASSESSMENTS
Section 5.1. Creation of the Lien and Personal Obligation for Assessments. Subject to
Sections 5.5,5.8, and 5.9, each Owner of a Lot (other than Developer), by acceptance of a deed
therefor, whether or not it shall be so expressed in such deed, is deemed to covenant to pay to the
Association assessments as set forth in this Declaration and in the Bylaws. The assessments,
together with interest thereon, late charges and costs of collection including attorneys' fees, shall
be a continuing lien upon the Lot against which each such assessment is made in order to secure
payment thereof and shan also be the personal obligation of the party who was the Owner of the
Lot at the time the assessment fell due. No Owner (other than Developer) may waive or
otherwise avoid liability for the assessments provided herein by nonuse of the Common Areas or
abandonment of his Lot. Each assessment, or installment thereof, that is not paid when due shall
bear interest at the rate established by the Association, which rate shall not exceed the maximum
rate permitted by applicable law. Each assessment, or installment thereof, that is not paid within
ten (10) days of its due date shall, at the option ofthe Association, incur a late charge in the
amount of twenty dollars ($20.00) or such other amount as may be otherwise established from
time to time by resolution duly adopted by the Board of Directors of the Association.
Section 5.2. Purpose of Assessments. The assessments levied by the Association shall
be used for the management, maintenance, improvement, care, operation, renovation, repair and
replacement ofthe Common Areas and improvements thereon and other property owned, leased,
or acquired by the Association of whatsoever nature, for the furnishing of certain services
benefiting the Lots including, without limitation, any lease of a clubhouse or other facility for
use by its Members, for the discharge of all taxes and other levies and assessments against the
Common Areas and improvements thereon and other property owned, leased, or acquired by the
Association, for the procurement of insurance by the Association in accordance with the Bylaws,
for the establishment of reserves with respect to the Association's obligations, for the discharge
of such other obligations as may be imposed upon or assumed by the Association pursuant to its
Articles or Bylaws or this Declaration, and for such other purposes as may be authorized by or
pursuant to the Articles or Bylaws.
Section 5.3. Annual Assessments. "Annual Assessments" shall mean "General
Assessments. "
(a) General Assessments.
]. Purpose. "General Assessments" shall mean those assessments
used for the general purposes set forth in Section 5.2 above.
2. Basis. The General Assessments shall be established and increased
or decreased from time to time by the Board of Directors of the Association pursuant to the
Bylaws.
Section 5.4. Special Assessments. In addition to the General Assessments, the Board of
Directors of the Association may levy a periodic special assessment ifthe purpose in doing so is
8
found by the Board of Directors to be in the best interest of the Association and the proceeds of
such assessment are used primarily for the maintenance and upkeep, including capital
expenditures, of the Common Area. If any such special assessment is in an amount greater than
the General Assessment, then no such special assessment shall be levied without the approval of
a majority of the votes of the Class A members who are voting in person or by proxy at a
meeting duly called for this purpose and the approval of the Class B member; otherwise, such
special assessment may be established by the Board of Directors of the Association without a
vote of the membership. Any such special assessment may be rescinded by a majority vote of
the Members attending a meeting of the Association convened in accordance with the Bylaws
within sixty (60) days after receipt of the notice of such special assessment.
Section 5.5. Date of Commencement of Annual Assessments. The Annual Assessments
provided for herein shall commence as to each Lot subjected to this Declaration and for which a
subdivision plat is recorded (other than Lots owned by Developer and the Lot owned by William
E. and Jean Ray Weddle),on the first day of the month following the recordation of the
conveyance by Developer of the first Lot to an Owner other than Developer. The first Annual
Assessment on a Lot shall be adjusted according to the number of months remaining in the
calendar year. Unless the Board of Directors of the Association amends the Bylaws to provide
otherwise, the Annual Assessments shall be paid as provided in the Bylaws, as amended.
Section 5.6. Effect of Nonpayment of Assessments: Remedies of Association. The lien
of the assessments provided for in this Declaration may be perfected and enforced in the manner
provided in Section 55-516 of the Virginia Code. A statement from the Association showing the
balance due on any assessment shall be prima facie proof of the current assessment balance and
the delinquency, if any, due on a particular Lot. The Association may also bring an action at law
against any Owner personally obligated to pay the same, either in the first instance or for
deficiency following foreclosure, and interest, late charges and costs of collection including
attorney's fees shall be added to the amount of such assessment and secured by the assessment
lien. The Board of Directors of the Association shall have the power and authority to accelerate
all remaining installments of any Annual Assessment in the event any assessment installment is
not paid within thirty (30) days of its due date.
Section 5.7. Subordination of Lien to Mortgages. The first mortgage or deed of trust lien
upon each of the Lots securing the payment of the assessments shall have the priority set forth in
Section 55-5] 6 A. of the Virginia Code.
Section 5.8. Exempt Property. The following property subject to this Declaration shall
be exempt from the assessments and liens created herein: (i) any property used as a sales or
leasing center, model, maintenance center or management facility by Developer or for similar
purposes; (ii) all property dedicated and accepted by a public authority or non-profit
organization; (iii) all Common Areas; (iv) all property wholly exempt from real estate taxation
by state or local governments upon the terms and to the extent of such legal exemption, and (v)
the Lot owned (and then only for the period owned) by William E. and Jean Ray Weddle.
9
Section 5.9. Annual Budget. The Board of Directors shall adopt an annual budget for
each fiscal year, which budget shall provide for the annual level of assessments (including
provision for reserves and physical damage insurance deductibles) and an allocation of expenses.
Section 5.10. Initiation Fee; Capitalization of Association. Upon each purchase of
record title to a Lot by the first or any subsequent purchaser thereof (other than Developer), a
contribution shall be made by or on behalf of the purchaser (other than Developer) to the capital
of the Association in an amount equal to 100% of the then current Annual Assessment payable
on such Lot for a full year. This amount shall be deposited in the purchase and sales escrow at
settlement and shall be disbursed therefrom to the Association for its reserves for capital and/or
operations.
Section 5.11. Loans bv Developer. The Developer shall have the option, but not the
obligation, to loan money to the Association on such terms and at such rates as are commercially
reasonable to enable the Association to comply with its obligations under this Declaration. Such
loan or loans may be in lieu of, or in addition to, loans obtained by the Association from other
parties. Any such loan shall be represented and secured by one or more promissory notes of the
Association and shall be listed and disclosed as "Loans from Developer" on all annual budgets
and year-end financial statements of the Association.
ARTICLE VI
ARCHITECTURAL CONTROL
Section 6.1. Architectural Review Board. There is hereby established a board (the
"Architectural Review Board") for the purpose of reviewing and, as appropriate, approving or
disapproving all Licensed Contractors and Plans (hereinafter defined) submitted by Owners,
other than Developer, in accordance with this Article VI. The Architectural Review Board shall
be composed of not less than one (I) nor more than three (3) persons, who need not be Members
of the Association, from time to time appointed by Developer until expiration of the Period of
Developer Control, or by the Board of Directors ofthe Association from and after the date on
which Developer delegates this responsibility to the Association by written instrument in
recordable form executed by Developer. The Developer or the Board of Directors, as the case
may be, may appoint one alternate member to the Architectural Review Board, which alternate
member may vote only in the absence of a regular member. The members of the Architectural
Review Board shall serve for such tenns as may be determined by Developer or the Board of
Directors of the Association, as the case may be. The Developer reserves the right (which may
be exercised at any time or from time to time) to delegate certain, but less than all Architectural
Review Board responsibilities to the Association, and if Developer exercises this right the Board
of Directors may appoint its own review board which satisfies the same criteria as set forth
herein for the Architectural Review Board. The Developer appointed Architectural Review
Board and authorized architectural review board appointed by the Board of Directors shall be
collectively referred to herein for ease of reference as the "Architectural Review Board."
References herein to Architectural Review Board shall apply to either or both boards, as
applicable.
10
Section 6.2. Application~ Licensed Contractor~ and Plans to be Submitted. Before
commencing the construction, erection, planting or installation, as applicable, of any new
building, addition, patio, deck, fence, wall, animal pen or shelter, landscaping, exterior lighting,
sign, flagpole, mailbox or mailbox support, improvement or other structure (each of the
foregoing being hereinafter referred to as an "Improvement") on any Lot, including any site work
in preparation therefor, and before commencing any alteration, enlargement, demolition or
removal of an Improvement or any portion thereof in a manner that alters the exterior appearance
(including paint color) of the Improvement or of the Lot on which it is situated, each Owner,
other than Developer, shall submit to the Architectural Review Board a completed Application
on the form provided by the Architectural Review Board (the "Application"), the name, address
and qualifications of the proposed licensed contractor to perform the work ("Licensed
Contractor"), a proposed construction schedule and at least two (2) sets of plans and
specifications of the proposed construction, erection, installation, alteration, enlargement,
demolition or removal, which plans and specifications (the "Plans") shall include (unless waived
by the Architectural Review Board): (i) a site plan showing the size, location and configuration
of all Improvements, including driveways and landscaped areas, and all setback lines, buffer
areas and other features required under the Zoning Ordinance, or the Guidelines adopted, from
time to time, by the Architectural Review Board, (ii) as to Improvements initially constructed on
a Lot, landscaping plans showing the trees to be removed and to be retained and shrubs, plants
and ground cover to be installed, (iii) architectural plans of the Improvements showing exterior
elevations, construction materials, exterior colors, driveway material, (iv) a sediment and erosion
control plan, and (v) a tree protection plan and such other information as the Architectural
Review Board in its discretion shall require (collectively, the "Plans"). The Architectural
Review Board may, in its sole discretion, waive the requirement that any or all of the required
Plans be submitted in a particular case where it determines such Plans are not necessary to
properly evaluate the Application. The Architectural Review Board shall not be required to
review any Applications, Licensed Contractors, or Plans unless and until the Application has
been submitted in completed form with the proposed Licensed Contractor's construction
schedule and the Plans containing all of the required items. The Application, Plans and the
proposed construction schedule must be submitted to the Architectural Review Board at the
address of Developer in the same manner as notices are to be sent to Developer pursuant to
Article XII, for so long as all members ofthe Architectural Review Board are appointed by
Developer, and thereafter the Application, Plans and the proposed construction schedule may be
submitted to the Architectural Review Board at the address of the Association in the same
manner as notices are to be sent to the Association pursuant to Article XII. Notwithstanding the
foregoing ,the Lot owned by Weddle shall be exempt from the foregoing provisions during
their period of ownership of such Lot.
Section 6.3. Consultation with Architects. etc.: Administrative Fee. In connection with
the discharge of its responsibilities, the Architectural Review Board may engage or consult with
architects, engineers, planners, surveyors, attorneys and others. Any person seeking the approval
of the Architectural Review Board agrees to pay all fees thus incurred by the Architectural
Review Board and further agrees to pay an administrative fee to the Architectural Review Board
in such amount as the Architectural Review Board may from time to time reasonably establish.
The payment of all such fees is a condition to the approval or disapproval by the Architectural
11
Review Board of any Plans, and the commencement of review of any Plans may be conditioned
upon the payment of the Architectural Review Board's estimate of such fees.
Section 6.4. Approval of Plans_ The Architectural Review Board shall not approve the
Plans for any Improvement that would violate any of the provisions of this Declaration or Zoning
Ordinance applicable thereto. In all other respects, the Architectural Review Board may exercise
its sole discretion in determining whether to approve or disapprove any Plans, including, without
limitation, the location of any Improvement on a Lot.
Section 6.5. No Structures to be Constructed. etc. Without Approval. Except with
respect to those Improvements constructed by or on behalf of Developer, no Improvement shall
be constructed, erected, installed or maintained on any Lot, nor shaH any Improvement be
altered, enlarged, demolished or removed in a manner that alters the exterior appearance
(including paint color) of the Improvement or of the Lot on which it is situated, unless the
Application, Plans and construction schedule therefor have been submitted to and approved by
the Architectural Review Board. After the Application, Plans and Construction Schedule
therefor have been approved, all Improvements shaII be constructed, erected, installed,
maintained, altered, enlarged, demolished or removed strictly in accordance with the approved
Plans. Upon commencing the construction, erection, instaHation, alteration, enlargement,
demolition or removal of an Improvement, all of the work related thereto shall be carried on with
reasonable diligence and dispatch and in accordance with the'construction schedule approved by
the Architectural Review Board.
Section 6.6. Guidelines May Be Established. The Board of Directors, upon
recommendation of the Architectural Review Board, may, in its discretion, establish Guidelines
and standards (the '"Guidelines") to be used in considering whether to approve or disapprove
Plans. However, nothing contained in this Declaration shall require the Architectural Review
Board to approve the Plans for Improvements on a Lot on the grounds that the layout, design and
other aspects of such Improvements are the same or substantially the same as the layout, design
and other aspects of Improvements approved by the Architectural Review Board for another Lot.
Section 6.7. Limitation of Liability. The approval by the Architectural Review Board of
any Plans, and any requirement by the Architectural Review Board that the Plans be modified,
shaIl not constitute a warranty or representation by the Architectural Review Board of the
adequacy, technical sufficiency or safety of the Improvements described in such Plans, as the
same may be modified, and the Architectural Review Board shall have no liability whatsoever
for the failure of the Plans or the Improvements to comply with applicable building codes, laws
and ordinances or to comply with sound engineering, architectural or construction practices. In
addition, in no event shall the Architectural Review Board have any liability whatsoever to an
Owner, a contractor or any other party for any costs or damages (consequential or otherwise) that
may be incurred or suffered on account of the Architectural Review Board's approval,
disapproval or conditional approval of any Plans.
Section 6.8. Other Responsibilities of Architectural Review Board. In addition to the
responsibilities and authority provided in this Article VI, the Architectural Review Board shall
12
have such other rights, authority and responsibilities as may be provided elsewhere in this
Declaration, and in the Bylaws.
ARTICLE VII
USE OF PROPERTY
Section 7. I. Protective Covenants.
(a) Nuisances. No nuisance shall be pennitted to exist on any Lot. Noxious,
destructive, or offensive activity, or any activity constituting an unreasonable source of
annoyance, shall not be conducted on any Lot or on the Common Area or any part thereof, and
the Association shall have standing to initiate legal proceedings to abate such activity. Each
Owner shall refrain from any act or use of his or her Lot which could reasonably cause
embarrassment, discomfort, or annoyance to other Owners, and the Board of Directors shall have
the power to make and to enforce reasonable rules in furtherance of this provision.
(b) Restriction on Further Subdivision. No Lot shall be further subdivided or
separated into smaller Lots by any Owner, and no portion less than all of any such Lot shall be
conveyed or transferred by an Owner, provided that this shall not prohibit the vacating of
boundaries between adjacent Lots to create a bigger Lot, deeds of correction, deeds to resolve
boundary line disputes and similar corrective instruments.
(c) Rules. From time to time the Board of Directors may adopt general rules,
including but not limited to rules to regulate potential problems relating to the use of Property
and the well-being of Members, such as the definition of nuisances, keeping of animals, storage
and use of all vehicles, storage and use of machinery, use of outdoor drying lines, antennas,
satellite dishes, signs, trash and trash containers, restrictions on sprinkler and irrigation systems,
private irrigation wells and uses oflakes, water bodies and wetlands, maintenance and removal
of vegetation on the Property and the type and manner of application of fertilizers or other
chemical treatments to the Property in accord with non-point source pollution control standards
(conectively, the "Rules"). An such Rules and any subsequent amendments thereto shall be
binding on all Members and occupants of the Property, including their tenants, guests and
invitees, except where expressly provided otherwise in such Rule. Such Rules as adopted from
time to time are herein incorporated by reference and shall be as binding as if set forth herein in
full; provided, however, that in the event of a conflict between any provision(s) in the Rules and
the Governing Documents, the provision(s) set forth in the Governing Documents shan control.
(d) Exceptions. In certain special circumstances, the Board of Directors may
issue variances exempting a particular Lot from any of the provisions of this Article VII.
(e) Irrigation. Subject to the rights retained by Developer in Section 8.7, no
sprinkler or irrigation system of any type which draws upon water from creeks, streams, rivers,
lakes, ponds, wetlands, canals or other ground or surface waters within the Property or any other
source (whether public or private) shall be installed, constructed or operated within the Property
except for the irrigation system installed by Developer and maintained, repaired and replaced by
13
the Association in accordance with its obligations hereunder; provided, however, this paragraph
shall not apply to the Developer, and may not be amended without Developer's written consent
so long as Developer has the right to add property in accordance with Article II.
(f) Alteration of Grade. Except for the grading work performed on the
Property by the Developer, there shall be no altering and/or regrading of the established grade of
any Lot or Common Area without the prior written approval of the Developer (for so long as the
Developer owns any Lots and/or Additional Area) and the Architectural Review Board. All
berms, swales and drainage channels created by Developer shall be deemed to be a part of the
grading of all Lots and Common Areas.
(g) Permitted Uses. Except as otherwise provided in the Governing
Documents, no Lot shall be used for other than detached single family residential purposes
except as designated by the Developer or as set forth below. Except for the existing dwelling
located upon Lot 5 owned by William E. and Jean Ray Weddle, each of the single family
residential dwellings to be constructed shall contain no less than 2500 square feet of enclosed
living area, for one-story, and no less than 2800 square feet of enclosed living area for dwellings
in excess of one-story. Each home shall have a garage for a minimum of two (2) vehicles.
Except for the existing dwelling located on Lot 5, all residential dwellings constructed on the
Property shall have visible exterior vertical surfaces, excluding roof, trim, windows, and doors
and special architectural features such as dormers, which are no less than 100% brick, stone,
stucco or similar quality product on the fronts of the dwellings, and not less than 75% brick,
stone, stucco or similar quality materials overall. Nothing in the Governing Documents shall be
construed to prohibit the Developer or its designees from using any Lot owned by the Developer
(or any other Lot with the permission of the Owner thereof) or any portion of the Common Area
for promotional, marketing, display or customer service purposes (such as a visitors' center) or
for the settlement of sales of Lots. Further, the Developer specifically reserves the right to
operate a construction office or a rental, brokerage and management office at any time on Lots
owned or leased by the Developer (or any other Lot with the permission of the Owner thereof)
and on any portion of the Common Area, to the extent permitted by law. The Developer may
assign its rights under this section to or share such rights with one or more other persons,
exclusively, simultaneously or consecutively with respect to the Common Area and Lots owned
or leased by the Developer or such persons.
(h) Hazardous Uses: Waste. Nothing shall be done or kept on the Property
which will increase the rate of insurance applicable for permitted uses for the Common Area or
any part thereof without the prior written consent of the Board of Directors, including, without
limitation, any activities which are unsafe or hazardous with respect to any person or property.
No person shall permit anything to be done or kept on the Property which will result in the
cancellation of any insurance on the Common Area or any part thereof or which would be in
violation of any law, regulation or administrative ruling. No vehicle of any size which transports
inflammatory or explosive cargo may be kept or driven on the Property at any time. Each Owner
shall comply with all federal, state and local statutes, regulations, ordinances, or other rules
intended to protect the public health and welfare as related to land, water, groundwater, air or
other aspects of the natural environment (the "Environmental Laws"). Environmental Laws shall
include, but are not limited to, those laws regulating the use, generation, storage or disposal of
14
hazardous substances, toxic wastes and other environmental contaminants (collectively, the
"Hazardous Materials"). No Owner shall knowingly use, generate, manufacture, store, release,
dispose of or knowingly permit to exist in, on, under or about such Owner's Lot, the Common
Area or any portion of the Property, or transport to or from any portion of the Property any
Hazardous Materials except in compliance with the Environmental Laws. No waste shall be
committed on the Common Area.
(i) Lawful Use. No improper, offensive or unlawful use shall be made of the
Property or any part thereof, and all valid laws, zoning ordinances and regulations of all
governmental agencies having jurisdiction thereof shall be observed. All laws, orders, rules,
regulations or requirements of any governmental agency having jurisdiction thereof relating to
any portion of the Property shall be complied with, by and at the sole expense of the Owner, the
Association or the Developer, whichever shall have the obligation for the upkeep of such portion
of the Property, and, if the Association, then the cost of such compliance shall be included in the
General Assessment. All persons entering the Common Areas assume all risk ofloss to property
and person and hereby release, and agree to indemnify and save harmless, the Association and
its members, Directors and Offices from and against any and all liability, loss, damage, injury,
cost or expense associated with such use.
(j) Emissions. There shall be no emissions of dust, sweepings, dirt, cinders,
odors, gases or other substances into the atmosphere except for nonnal residential chimney
emissions, no production, storage or discharge of Hazardous Materials on the Property or
discharges ofliquid, solid wastes or other environmental contaminants into the ground or any
body of water, if such emission, production, storage or discharge may adversely affect the use or
intended use of any portion of the Property or may adversely affect the health, safety or comfort
of any person.
(k) Noise. No person shall cause any unreasonably loud noise (except for
security devices) anywhere on the Property, nor shall any person permit or engage in any
activity, practice or behavior for the purpose of causing annoyance, discomfort or disturbance to
any person lawfully present on any portion of the Property.
(1) Obstructions. No person shall obstruct any of the Common Area or
otherwise impede the rightful access of any other person on any portion of the Property upon
which such person has the right to enter. No person shall place or cause or permit anything to be
placed on or in any of the Common Area without the approval of the Board of Directors of the
Association. Nothing shall be altered or constructed in or removed from the Common Area
except with the proper written approval of the Board of Directors.
(m) Association Property. The Common Area shall be used only for the
furnishing of the services and facilities for which the same is reasonably suited and which are
incident to the use and occupancy of the Lots. The improvements located on the Common Area
shall be used only for their intended purposes. Except as otherwise expressly provided in the
Governing Documents, no Owner shall make any private, exclusive or proprietary use of any of
the Common Area without the prior written approval of the Board of Directors and then only on
a temporary basis.
15
(n) Mining. No Lot shall be used for the purpose of boring, mining,
quarrying, exploring for or removing oil or other hydrocarbons, minerals, gravel or earth except
with the prior written approval of the Board of Directors.
(0) Signs~ Flags~ Flagpoles. Except for such signs, flags and flagpoles as may
be posted by the Developer for promotional or marketing purposes or by the Association on the
Common Areas, no signs or flags and flagpoles of any character shall be erected, posted or
displayed on the Lots or Common Areas in a location that is visible from the Common Area, the
street fronting the Lot, or any other Lot, except as expressly permitted in the Rules, Regulations
and/or the Guidelines adopted from time to time by the Association's Board of Directors and/or
the Architectural Review Board.
(p) Trash. Except in connection with construction activities, no burning of
any trash and no accumulation or storage oflitter, refuse, bulk materials, building materials,
garbage, or trash of any other kind shan be pennitted on any Lot. Trash containers (including
sealed plastic bags) shall not be permitted to remain in public view from the Common Area, any
street or another Lot except curbside on the day of trash collection days. Trash containers and
refuse disposal systems must be maintained and stored in the garage of the dwening within a
privacy fence, or other concealed area, located on the Lot. Trash, leaves and other materials
shan not be burned in violation oflocal ordinances. No incinerator shall be kept or maintained
upon the Property without the prior written approval of the Board of Directors. All trash
collection and removal shall be in accordance with the Guidelines and Rules.
(q) Landscaping~ Sight-lines. No tree, hedge or other landscape feature shall
be planted or maintained in a location which obstructs sight-lines for vehicular traffic on public
streets. Pavement, plantings and other landscape materials shall not be placed or permitted to
remain upon any Lot: (i) if such materials may damage or interfere with any easement for the
installation or maintenance of utilities; (ii) in violation of the requirements of such easements;
(iii) unless in conformity with public utility standards; or (iv) if such materials may unreasonably
change, obstruct or retard direction or flow of any drainage channels. No water pipe, sewer pipe,
gas pipe, drainage pipe, television cable, electrical wire, or other similar transmission line shall
be installed or maintained upon any Lot above the surface of the ground.
(r) Vegetation. No trees of any kind and no live vegetation may be cut
without prior approval of the Architectural Review Board. The Board of Directors may set rules
for cutting of trees to anow for selective clearing or cutting.
(s) Temporary Structures. No structure of a temporary character, such as, by
way of illustration and not limitation, trailers, tents, shacks, barns, pens, kennels, runs, stables,
sheds not anchored on foundations ~r other temporary accessory buildings shan be erected, used
or maintained on any Lot except in connection with construction activities. The Guidelines
adopted by the Architectural Review Board, from time to time, may contain further limitations
with respect to permanent accessory structures, if any, which may be erected, used or maintained
on any Lot.
]6
(t) Fences. Except for any fence installed or approved by the Developer or
the Association, a fence required by the Municipality as part of any re-zoning , permit or plan
approval pertaining to development of the Property, or a fence permitted by the Guidelines, no
fence shall be installed within the Property.
(u) Vehicles. Except in connection with construction activities, no trucks in
excess of one-half (112) ton, trailers, campers, recreational vehicles, boats or other large vehicles,
including grounds maintenance equipment, may be parked on any portion of the Common Area,
or any portion of a Lot visible from the Common Area, any Lot or from any public right-of-way
within or adjacent to the Property, unless expressly permitted by the Board of Directors and only
in such parking areas or for such time periods (if any) as may be designated for such purpose.
Parking of all such vehicles and related equipment, other than on a temporary and non-recurring
basis (not to exceed 72 hours), shall be in garages or screened enclosures approved by the
Architectural Review Board or in areas, if any, designated in the Rules. All vehicles must be
parked so as not to impede traffic or damage vegetation. No junk or derelict vehicle or other
vehicle on which current registration plates and current city and state inspection permits are not
displayed shall be kept upon any portion of the Common Area, or any portion of a Lot visible
from the Common Area, or another Lot. Vehicle repairs and storage of vehicles are not
permitted, except in accordance with the Rules; provided, however, that noncommercial repair of
vehicles is permitted within enclosed structures. No all terrain vehicles, such as trail bikes,
motorcycles, dune buggies, and snowmobiles shall operated within the Property or Common
Areas, or streets. No motor vehicles shall be driven on community trails, pathways or unpaved
portions of the Common Area, except such vehicles as are authorized by the Board of Directors
as needed to maintain, repair, or improve the Common Area, and normal vehicular use of
designated streets and alleys, if any, constructed on the Common Area.
(v) Timeshares. No Lot shall be subjected to or used for any timesharing,
cooperative, licensing or other arrangement that would entail weekly, monthly, or any other type
()f revolving or periodic occupancy by multiple Owners, cooperators, licensees, or timesharing
:parti cipants.
(w) Professional Offices. No Lot containing a single-family dwelling unit
shall be used for any business, commercial, manufacturing, mercantile, storing, vending or other
non-residential purpose; provided, however, that an Owner may maintain a home occupation as
permitted by the Municipality and may maintain an office in the dwelling constructed on such
Owner's Lot if(i) such occupation or office generates no significant number of visits (as
determined by the Board of Directors) by clients, customers or other persons related to the
business, (ii) no equipment or other items related to the business are stored, parked or otherwise
I<.ept on such Owner's Lot or the Property outside of an approved enclosure, and (iii) such Owner
bas obtained approvals for such use as may be required by the Municipality. As a condition to
such use, the Board of Directors may require the Owner to pay any increase in the rate of
insurance or other costs for the Association which may result from such use.
(x) Animals. The maintenance, keeping, boarding or raising of animals,
livestock, poultry or reptiles of any kind, regardless of number, is prohibited on any Lot or upon
the Common Area without the approval of the Board of Directors, except that the keeping of
17
guide animals and orderly domestic pets (e.g., dogs, cats or caged birds) is permitted, subject to
such limitations and restrictions as may be set forth in the Rules (including, but not limited to
restrictions on the number of pets that may be kept on any Lot); provided, however, that such
pets are not kept or maintained for commercial purposes or for breeding and that any such pet
causing or creating a nuisance or unreasonable disturbance or noise may be permanently
removed from the Property upon ten (10) days written notice from the Board of Directors. Pets
shall not be permitted upon the Common Area unless accompanied by someone who can control
the pet and unless carried or leashed. Pet droppings shall be removed contemporaneously by the
Owner of the pet. Any Owner who keeps or maintains any pet upon any portion of the Property
agrees to indemnify and hold the Association, each Owner and the Developer free and harmless
from any loss, claim or liability of any kind or character whatever arising by reason of keeping or
maintaining such pet within the Property. All pets shall be registered and inoculated as required
by law.
(y) Clothes Drying Equipment. No clotheslines or other clothes drying
apparatus shall be permitted outside of an enclosed structure on any Lot, unless approved in
writing by the Architectural Review Board. No portion of a Lot shall be used for the drying or
hanging oflaundry unless such laundry is adequately screened from public view.
, (z) Mailboxes and Newspaper Tubes. The Architectural Review Board may
adopt specific criteria applicable to mailboxes and newspaper tubes.
(aa) Lighting. No exterior lighting shall be directed outside the boundaries of
any Lot and shall conform to the Guidelines and Rules.
(bb) Pools. Pools and/or hot-tubs permitted under the Guidelines and Rules
shall be allowed on the Lot.
(cc) Construction Activities. This section shall not be construed as forbidding
any work involved in the construction or maintenance of any portion of the Property so long as
such work is undertaken and carried out (i) with the minimwn practical disturbance to persons
occupying other portions of the Property; (ii) in such a way as does not violate the rights of any
person under other provisions of this Declaration; and (iii) in accordance with all applicable
restrictions in the Rules, any architectural Guidelines, the resolutions of the Board of Directors
and the other provisions of this Declaration. The Architectural Review Board may approve
temporary structures for construction purposes which may otherwise be in violation of the
Governing Documents or the Rules.
(dd) Leasing. No dwelling unit located on a Lot or any portion thereof shall be
used or occupied for transient or hotel purposes or in any event leased for an initial period ofless
than twelve (12) months. No portion of any dwelling unit (other than the entire dwelling unit)
shall be leased for any period. No Owner shall lease a Lot other than on a written form oflease:
(I) requiring the lessee to comply with the Governing Documents and the Rules; and (2)
providing that failure to comply with such documents constitutes a default under the lease.
]8
(ee) Archaeological Finds. Subject to applicable state and federal law
regarding archaeological finds, all archaeological materials found within the Property belong to
the Association. Upon discovery of archaeological materials during periods of construction or
otherwise, the Owner of a Lot shall immediately notify the Board of Directors and cease
construction activity. The Board of Directors shall have ten (10) days to notify the Owner if it
intends to exercise the Association's right under this section. Thereafter, the Board of Directors
shall have a period of sixty (60) days to remove the archaeological materials without
compensation to the Owner for the archaeological materials, the use of the Lot or delay in
construction. The Association shall not be obligated to remove archaeological materials nor be
held liable for failure to remove such materials.
Section 7.2. Maintenance of Property.
(a) Owner Obligation. Each Owner shall keep all Lots owned by him, and
all improvements hereafter constructed therein or thereon, in good order and repair, free of
debris, all in a manner and with such frequency as is acceptable to the Association and consistent
with a first-quality development, any Rules adopted by the Association, and the Architectural
Guidelines adopted by the Association.
(b) Reconstruction and Repair. Except as otherwise provided in subparagraph
(d) below, if a building or other major improvement located upon aLot is damaged or destroyed,
the Owner thereof shall restore the site either (i) by repairing or reconstructing such building or
other major improvement to substantially the same condition as the original construction, or (ii)
by clearing away the debris and restoring the site to an acceptable condition compatible with the
remainder of the Property. Such work must be commenced within sixty (60) days after the date
of the casualty and substantially completed within twelve (12) months after the date ofthe
casualty, unless such periods are shortened or lengthened from time to time by the Architectural
Review Board.
(c) Failure to Maintain. In the event an Owner shall fail to maintain his Lot
and the improvements situated thereon as provided herein, the Association, after notice to the
Owner and approval of the Board of Directors shall have the right to enter upon such Lot to
correct such failure. All costs related to such correction shall become a special assessment upon
such Lot and as such shall be regarded as any other assessment with respect to lien rights of the
Association and remedies provided herein for non-payment.
Section 7.3. Security. Neither the Association, nor Developer shall be held liable for any
loss or damage by reason of failure to provide security or ineffectiveness of security measures
undertaken. All Owners, tenants, guests, and invitees of any Owner, as applicable, acknowledge
that the Association and Developer, ,and committees established by any of the foregoing entities,
are not insurers and that each Owner, tenant, guest, and invitee assumes all risk or loss or
damage to persons, to structures or other improvements situated on Lots, and to the contents of
any Improvements situated on Lots and further acknowledge that Developer has made no
representations or warranties, nor has any Owner, tenant, guest, or invitee relied upon any
19
representations or warranties, expressed or implied, including any warranty or merchantability or
fitness for any particular purpose relative to any security measures recommended or undertaken.
ARTICLE VIII
EASEMENTS
Section 8.1. Utility Easements. Developer reserves perpetual easements, rights and
privileges to install, maintain, repair, replace and remove poles, wires, cables, conduits, pipes,
mains, pumping stations, siltation basins, tanks and other facilities, systems and equipment for
the conveyance and use of electricity, telephone service, sanitary and storm sewer, water, gas,
cable television, drainage and other public conveniences or utilities, upon, in or over the
Common Areas, and within a ten (l0) foot strip along and adjacent to front, side and rear lot
lines ofthe Lots, as Developer, its successors or assigns may consider to be reasonably necessary
(the "Utility Easements"). However, after Developer ceases to be the Owner of the Common
Areas or Lot, no Utility Easements shall be placed on the portion of such Common Area or Lot
on which is already located a building which was either constructed by Developer or approved
by the Architectural Review Board or on which a building is to be located pursuant to Plans
approved by the Architectural Review Board or on any portion of a Lot which is not described or
shown as an easement area on a recorded subdivision plat applicable to such Lot. The Utility
Easements shall include the right to cut trees, bushes or shrubbery and such other rights as
Developer or the applicable governmental authority or utility company providing the utilities
may require. The utility lines installed pursuant to the Utility Easements shall be installed below
ground. Developer shall have the right to convey Utility Easements to other Owners, to
governmental authorities or utility companies, to the Association and to any other party or
parties_
Section 8.2. Erosion Control. Developer reserves a perpetual easement, right and
privilege to enter upon any Lot and Common Area, and the Association is granted a perpetual
easement, right and privilege to enter upon any Lot, either before or after a building has been
constructed thereon or during such construction, for the purpose of taking such erosion control
measures as Developer or the Association deems necessary to prevent or correct soil erosion or
siltation thereon; provided, however, that Developer or the Association shall not exercise such
right unless it has given the Owner of the Lot or the Association (as to the Common Area) at
least thirty (30) days' prior notice thereof and the Owner or the Association, as the case may be,
has failed to take appropriate action to correct or prevent the erosion or siltation problem. The
cost incurred by the Association or by Developer in undertaking such erosion control measures
on any Lot shall become a special assessment on such Lot and shall constitute a lien against such
Lot and shall be collectible in the manner provided herein for the payment of assessments. This
Section shall not apply to Lots owned by Developer.
Section 8.3. Maintenance of Lots. Developer reserves the perpetual easement, right and
privilege, and the Association is granted the perpetual easement, right and privilege, to enter on
any Lot, after at least five (5) days' notice to the Owner thereof, for the purpose of mowing,
removing, clearing, cutting or pruning underbrush, weeds or other unsightly growth, dispensing
pesticides, herbicides and fertilizer and grass seed, removing trash and taking such other action
as the Developer or the Association may consider necessary to correct any condition which
20
detracts from the overall beauty of the Property or which may constitute a hazard or nuisance.
The cost incurred by the Association in taking any action described in the preceding sentence
(including any overhead costs associated therewith) shall constitute a special assessment on the
Lot and shall be collectible in the manner provided herein for the payment of assessments. This
Section shall not apply to Lots owned by Developer.
Section 8.4. Construction Easements and Rights. Notwithstanding any contrary
provision of this Declaration, so long as Developer is engaged in developing or improving any
portion of the Property, Developer shall have an easement of ingress, egress and use over any
lands not conveyed to an Owner for (i) movement and storage of building materials and
equipment, (ii) erection and maintenance of directional and promotional signs, and (iii) conduct
of sales activities, including maintenance of model residences.
Section 8.5. Right of Entry for Governmental Personnel. A right of entry on any
Common Area is hereby granted to personnel of the Municipality or other governmental body or
agency in the lawful performance of their official duties, including but not limited to: law
enforcement officers and fire and rescue personnel as needed to lawfully carry out their duties,
including but not limited to enforcement of cleared emergency vehicle access; public utility and
public works vehicles in the performance of their installation, maintenance and repair duties; and
inspections personnel for the purpose of reviewing the Association's proper maintenance of the
Common Area.
Section 8.6. Easement for Landscaping. Signs and Related Purposes. There shall be and
is hereby reserved to Developer for so long as it retains its rights as Developer and to the
Association, a non-exclusive easement over all Common Area and those portions of Lots
extending for a distance of ten (10) feet behind any Lot line which parallels, and is adjacent to, a
street (whether public or private) for the purpose of erecting and maintaining street intersection
signs, directional signs, temporary promotional signs, plantings, street lights, entrance features
and/or "theme areas," lighting, stone, wood, or masonry wall features and/or related landscaping.
Exercise of this easement shall be with the consent of the Owner of the affected Lot, or the
Architectural Review Board if such Owner does not consent.
Section 8.7. Easement for Encroachment. Each Lot and the Common Areas are hereby
declared to have an easement over all adjoining Lots and the Common Areas, for the purpose of
accommodating any encroachment due to engineering errors, errors in original construction,
settlement or shifting of a building, or any other similar cause, and any encroachment due to
building overhang or projection; and in the case of the Lot owned by Weddle, to
accommodate portions of the existing driveway to the existing home on the Lot until and if
relocated. There shall be valid easements for the maintenance of said encroachments so long as
they shall exist, and the rights and obligations of Owners shall not be altered in any way by said
encroachment, settling or shifting; provided, however, that in no event shall a valid easement for
encroachment be created in favor of an Owner or Owners if said encroachment occurred due to
the willful act or acts with full knowledge of said Owner or Owners. In the event a structure on
any Lot is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Lot
agree that minor unintentional encroachments over adjoining Lots shall be permitted, and that
21
there shall be valid easements for the maintenance of said encroachments so long as they shall
exist.
ARTICLE IX
GENERAL PROVISIONS
Section 9.1. Duration. The covenants and restrictions of this Declaration shall run with
and bind the Property for a term of fifty (50) years from the date this Declaration is recorded,
after which time they shall be automatically extended for successive periods of twenty-five (25)
years, unless at the expiration of any such period the covenants and restrictions are expressly
terminated by an instrument signed by Owners of more than two-thirds of the Lots.
Notwithstanding the foregoing, the provisions of Section 4.2, Article VIII and Section 8.5 shall
be perpetual.
Section 9.2. Amendments. Except as otherwise set forth in this Declaration and subject
to Section lOA of the Bylaws, this Declaration may be amended either (i) by Developer without
the consent of any other Owners in order to correct typographical errors, inconsistent references,
scrivener's errors, grammatical mistakes, and incorrect or ambiguous punctuation, or other
matters permitted by the Property Owners Association Act ~~ 55.508 et. seq., of the Code of
Virginia for so long as Developer's Class B membership continues or (ii) by a vote of two-thirds
ofthe sum of: (A) the Class A votes (including Developer as to Class A votes held by
Developer), plus (B) the Class B votes (if any). Notwithstanding the foregoing, the provisions of
Articles IJ and VIII and Sections 3.2, 4.7, 5.8, and this Section 9.2 may not be amended in any
event without the written consent of Developer regardless of whether the Class B membership
has terminated, and the provisions of Section 8.5 may not be amended without the consent of the
Municipality. In addition, Developer shall have the right without the consent of any other
Owners to amend this Declaration in any respect as may be necessary or appropriate in order for
this Declaration or the Property to comply with applicable laws now or hereafter enacted or to
satisfy the requirements of any Federal Mortgage Agency, including, without limitation, the
Veterans Administration, the Federal Home Loan Mortgage Corporation, the Federal National
Mortgage Association, or the U.S. Development of Housing and Urban Development, as the
same may be amended from time to time, with respect to their purchase or guaranty of mortgage
loans secured by Lots.
Section 9.3. Enforcement. Developer, the Association or any Owner shall have the right
to enforce, by any proceeding at law or in equity, all restrictions, easements, conditions,
convents, reservations, liens and charges now or hereafter imposed by the provisions of this
Declaration. Without limiting the generality of the foregoing, if any Owner fails to comply with
any of the provisions of this Declaration and such failure continues for at least five (5) days after
notice thereof is given to the Owner, then either Developer or the Association may, but without
any obligation to do so, take such action as either of them considers necessary or appropriate
(including, without limitation, entering the Owner's Lot) to correct the noncompliance; provided,
however, that judicial proceedings are instituted before any Improvements are subsequently
altered or demolished. The cost incurred in taking such action shall constitute a special
assessment upon the Owner's Lot{s) and shall be collectible in the manner provided herein for
22
the payment of assessments. Failure by the Developer, the Association or any Owner to enforce
any provision of this Declaration shall in no event be deemed a waiver of the right to do so
thereafter.
Section 9.4. Limitations. As long as the Developer has an interest in developing the
Property, any commercial property adjacent to the Property, the Association may not use its
financial resources to defray any costs of opposing the development activities so long as they
remain consistent with the general intent of this Declaration and zoning approvals of the
Municipality. Nothing in this Section shall be construed to limit the rights of Members to act as
individuals or in affiliation with other Members or groups.
Section 9.5. Severability. Invalidation of anyone of these covenants or restrictions by
judgment or court order shall in no way affect any other provisions which shall remain in full
force 'and' effect.
Section 9.6. Conflict. In the event of conflict among the Governing Documents, this
Declaration shall control, then the Articles, then the Bylaws.except that in all cases where the
Governing Documents may be found to be in conflict with statute, the statute shall control.
Section 9.7. Interpretation. Unless the context otherwise requires, the use of the. singular
shall include the plural and vice versa; the use of one gender shall include all genders; and the
use of the term "including" shall mean "including, without limitation." The headings used herein
are for indexing purposes only and shall not be used as a means of interpreting or construing the
substantive provisions hereof.
Section 9.8. Use of the Words "Oak Breeze" or "Oak Breeze Community Association.""
No person or entity shall use the words "Oak Breeze," or "Oak Breeze Community Association"
or any derivative thereof in any printed or promotional material without the prior written consent
of Developer.
Section 9.9. Approvals and Consents. All approvals and consents required or permitted
by this Declaration (other than approvals or consents given by Members in a vote conducted in
accordance with the Bylaws) shall be in writing, shall be signed by the party from whom the
consent or approval is sought and, unless otherwise provided herein, may be withheld by such
party in its sole discretion.
Section 9.10. Assignment of Developer's Rights. Any and all rights, powers, easements
and reservations of Developer set forth herein may be assigned in whole or in part, at any time or
from time to time, to the Association, to another Owner, or to any other party in Developer's sole
discretion. Each such assignment shall be evidenced by an instrument which shall be signed by
Developer and its assignee and recorded in the Clerk's Office.
Section 9.11. Successors and Assigns. The provisions hereof shall be binding upon and
shall inure to the benefit of Developer, the Association and (subject to Article II hereof) the
Owners and their respective heirs, legal representatives, successors and assigns.
23
Section 9.12. Compliance with Property Owners' Association Act. Except as otherwise
herein provided, the Association shall be subject to and comply with the Virginia Property
Owners' Association Act as set out in g55-508 et. seq., of the Code of Virginia, as amended.
ARTICLE X
DISSOLUTION OF THE ASSOCIATION
The Association may be dissolved at a duly held meeting at which a quorum is present
upon the vote of more than two-thirds (2/3) of the votes, in person or by proxy, of the Class A
members and the vote of the Class B member. Notwithstanding the foregoing, the Association
may not be dissolved without the prior written consent of the Municipality after the conveyance
of Common Areas to the Association. Prior to dissolution of the Association, other than incident
to a merger or consolidation, the assets of the Association shall be offered for dedication to the
locality in which they are situated. In the event that such dedication is refused acceptance upon
dissolution, such assets shall be granted, conveyed and assigned to any nonprofit corporation,
association, trust or other organization to be devoted to similar purposes.
ARTICLE XI
NOTICES
All notices, demands, requests and other communications required or permitted
hereunder shall be in writing and shall either be delivered in person or sent by overnight express
courier or by U.S. first class mail, postage prepaid. Notices to the Developer shall be sent to
M&T Management, Inc., P.O. Box 626, Virginia Beach, VA 23451 Attention: T. C. Broyles,
with a copy to Michael E. Barney, Esq., Kaufinan & Canoles, 2101 Parks Avenue, Suite 700,
P.O. Box 626, Virginia Beach, Virginia, 23451; or to such other address as the Developer shall
specify by executing and recording an amendment to this Declaration, which amendment shall
not require the approval of any other parties as provided in Section 9.2. Notices to the
Association or to Owners (other than Developer) may be sent to the address which the Bylaws
:provid~ shall be used for them. All such notices, demands, requests and other communications
shall be deemed to have been given when sent to the appropriate address specified above.
Rejection or other refusal to accept shall not invalidate the effectiveness of any notice, demand,
request or other communication. Notwithstanding the foregoing, any notice of the filing of a
memorandum of assessment lien shall be sent in the manner required by Section 55-5] 6 C. of the
Virginia Code.
SIGNATURES ON NEXT PAGE
24
WITNESS the following signatures and seals as of the date first above written.
HERON RIDGE PROPERTIES II, LLC
BY M&T Management, Inc., as Manager
By:
Thomas C. Broyles, President
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
1, , a Notary Public in and for the jurisdiction aforesaid, whose
commission expires on the day of , 2006, do hereby certify that
Thomas C. Broyles as President ofM&T Management, Inc., as Manager of heron Ridge
Properties II, LLC, whose name is signed to the foregoing instrument or writing, has
acknowledged the same before me in my jurisdiction aforesaid.
GIVEN under my hand this _ day of
,2006.
Notary Public
M&T MANAGEMENT, INC.
By:
Thomas C. Broyles, President
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
I, , a Notary Public in and for the jurisdiction aforesaid, whose
commission expires on the day of , 2006, do hereby certify that
Thomas C. Broyles as President ofM&T Management, Inc., whose name is signed to the
foregoing instrument or writing, has acknowledged the same before me in my jurisdiction
aforesaid.
GIVEN under my hand this _ day of
, 2006.
Notary Public
25
(SEAL)
William E. Weddle
STATE OF
CITY/COUNTY OF
, to wit:
The foregoing instrument was subscnbed, sworn to and acknowledged before me in the
City/County of , State of , this day of
, 2006, by
of
personally known by me or has produced
, on its behalf, who is
as identification.
Notary Public
My commission expires:
[Affix Notarial Seal]
(SEAL)
Jean Ray Weddle
STATE OF
CITY/COUNTY OF
, to wit:
The foregoing instrument was subscribed, sworn to and acknowledged before me in the
City/County of , State of , this _ day of
,2006, by
of
_ personally known by me or has produced
, on its behalf, who is
as identification.
Notary Public
My commission expires:
[Affix Notarial Seal]
26
DOCSVB-#8I 93262-v3-0ak _Breeze _ Declaration.DOC
EXHIBIT A
Oak Breeze
27
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6299
DATE: April 11, 2006
FROM:
Leslie L. Lilley
--...
~
B. Kay Wilso~
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application; Heron Ridge Properties II, L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by
the City Council on April 25, 2006. I have reviewed the subject proffer agreement, dated
March 27, 2006, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/sj
Enclosure
v"'cc: Kath leen Hassen
HERON RIDGE PROPERTIES II, L.L.C., a Virginia limited liability company
WILLIAM E. WEDDLE and JEAN RAY WEDDLE, husband and wife
HERON RIDGE GOLF CLUB, L.C., a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONSl
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 27th day of March, 2006, by and between
HERON RIDGE PROPERTIES II, L.L.C., a Virginia limited liability company,
Grantor, party of the first part; WILLIAM E. WEDDLE and JEAN RAY WEDDLE,
husband and wife, Grantors, parties of the second part; HERON RIDGE GOLF
CLUB, L.C., a Virginia limited liability company, Grantor, party of the third part;
and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, Grantee, party of the fourth part.
WITNESSETH:
WHEREAS, the parties of the second part are the owners of a certain parcel
of property located in the Princess Anne District of the City of Virginia Beach,
containing approximately 7.56 acres which is more particularly described as
Parcel 1 in Exhibit "A" attached hereto and incorporated herein by this reference,
which parcel, along with Parcel 2 is herein referred to as the "Property"; and
WHEREAS, the party of the third part is the owner of a certain parcel of
property located in the Princess Anne District of the City of Virginia Beach,
containing approximately 0.85 acres which is more particularly described as
Parcel 2 in Exhibit "A" attached hereto and incorporated herein by reference,
which parcel along with Parcell is herein referred to as the "Property"; and
WHEREAS, the party of the first part as contract purchaser of the Property
has initiated a conditional amendment to the Zoning Map of the City of Virginia
Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning
Classification of the Property from AG-l and AG-2 to Conditional R-l5; and
PREPARED BY:
~SYl(IS. ROURDON. GPIN: 2403-67-5038
mBADillN &. 1M. P.c.
2403-66-4725
1
WHEREAS, the Grantee's policy is to provide only for the orderly development
of land for various purposes through zoning and other land development legislation;
and
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the
area of the Property and at the same time to recognize the effects of change, and the
need for various types of uses, certain reasonable conditions goveming the use of the
Property for the protection of the community that are not generally applicable to land
similarly zoned are needed to cope with the situation to which the Grantors' rezoning
application gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the R-15
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, grantee, and other successors in title or
interest, voluntarily and without any requirement by or exaction from the Grantee
or its governing body and without any element of compulsion or quid pro qUO for
zoning, rezoning, site plan, building permit, or subdivision approval, hereby make
the following declaration of conditions and restrictions which shall restrict and
govem the physical development, operation, and use of the Property and hereby
covenant and agree that this declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through the Grantors, their successors, personal
representatives, assigns, grantee, and other successors in interest or title:
1. When the Property is developed it shall be subdivided and landscaped
PREPARED BY:
IJfilSYKrs. ROURDON. substantially as depicted on the "CONCEPTUAL LAYOUT PLAN OAK BREEZE
nil AHmN & u:vv. P.c.
SEABOARD ROAD, VIRGINIA BEACH, VIRGINIA FOR HERON RIDGE
2
PREPARED BY:
PROPERTIES", dated 03/20/06, and prepared by WPL ("Concept Plan"), which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning.
2. Except for the existing dwelling located upon the lot designated 6 on
the Concept Plan, each of the single family residential dwellings to be constructed
shall contain no less than 2500 square feet of enclosed living area, excluding
garage for one-story and no less than 2800 square feet of enclosed living area for
dwellings in excess of one-story. Each home shall have a garage for a minimum of
two (2) vehicles.
3. Except for the existing dwelling located on the lot designated 6 on the
Concept Plan, all residential dwellings constructed on the Property shall have
visible exterior surfaces, excluding roof, trim, windows, and doors, which are no
less than 75% brick, stone, stucco or similar quality materials.
4. When the Property is developed, the "DECLARATION OF PROTECTIVE
COVENANTS, CONDITIONS, RESTRICTIONS, CHARGES AND LIENS OF OAK
BREEZE", which has been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning, shall be recorded by the
Grantors for the purpose of subjecting the Property to the requirements set forth
therein.
5. The party of the first part recognizes that the subject site is 10cated
within the Transition Area identified in the Comprehensive Plan of the City of
Virginia Beach, adopted on December 2, 2003. In addition to integrating
significant open spaces with a low density, high quality, housing component as
specified in the Comprehensive Plan, the party of the first part agrees to contribute
the sum of One Thousand Dollars ($1,000.00) per 10t to Grantee to be utilized by
the Grantee to acquire land for open space preservation pursuant to Grantee's
Outdoors Plan. If the funds proffered by the party of the first part 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. The party of the first part
agrees to make payment for each residential lot shown on any subdivision plat
prior to recordation of that plat.
~m smS. ROURDON.
mil AIlJ;RN & lIVY. P.C
3
6. Further conditions may be required by the Grantee subdivision review
and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantors and allowed
and accepted by the Grantee as part of the amendment to the Zoning Ordinance,
shall continue in full force and effect until a subsequent amendment changes the
zoning of the Property and specifically repeals such conditions. Such conditions
shall continue despite a subsequent amendment to the Zoning Ordinance even if
the subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the Grantee in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by
the governing body of the Grantee, after a public hearing before the Grantee which
was advertised pursuant to the provisions of Section 15.2-2204 of the Code of
Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so
recorded, said instrument shall be void.
The Grantors covenant and agree that:
( 1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the governing body of the City
of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any
noncompliance with such conditions be remedied; and (b) to bring legal action or
suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute
PREPARED BY:
~ SYKIS. ROURDON. cause to deny the issuance of any of the required building or occupancy permits as
mil Arn:RN &. LM. P.c.
may be appropriate;
4
PREPARED BY:
13m smS. ROURDON.
mu AHIRN &. U:vY. P.c.
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantors shall petition the goveming body for
the review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and
the Grantee.
5
PREPARED BY:
UJIB sms. ROURDON.
1\11 MIlliN & llVY. P.C
WITNESS the following signature and seal:
GRANTOR:
Heron Ridge Properties II, L.L.C.,
a Virginia limited liability company
a Virginia
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
ll*-
The foregoing instrument was acknowledged before me this 06 day of
March, 2006, by Michael E. Barney, Vice President of M & T Management, Inc., a
Virginia corporation, Managing Member of Heron Ridge Properties II, L.L.C., a
Virginia corporation.
__CZLL-~j~~'
Notary Public
My Commission Expires:
~ o()/ c:<oo'l
6
WITNESS the following signatures and seals:
GRANTORS:
td;/~
William E. Weddle
(SEAL)
r~~(;J~
Jean Ra Weddle
(SEAL)
STATE ~VIRGINI~
CITY 0 :/i~/ L., to-wit:
~
The foregoing instrument was acknowledged before me this ~ day of
J:tHyMarch, ~2006, by William E. Weddle and Jean Ray Weddle, husband and
wife.
UAuL. k )/}~~/~~'
--- Notary Public
My Commission Expires:
~ r30. dt>a9
7
PREPARED BY:
(;Jfil sms. ROURDON.
mtlAHJ;:RN &. lM. P.c.
WITNESS the following signature and seal:
GRANTOR:
By:
a Virginia limited
Heron
liabili
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing....instrument was acknowledged before me this 00 ~ day of
March, 2006, by ,) . 'Dul)(l(jn He 1)".p.f , Managing Member of
Heron Ridge Golf Club, L.C., a Virginia limited liability company.
aAlL~'---k-~~k'
...-- Notary Public
My Commission Expires:
~ dO. ~aJ'1
8
PREPARED BY,
~sms. ROURDON.
mil AHrnN &. UVY. P.c.
EXHIBIT "A"
PARCEL 1:
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
thereon and the appurtenances thereunto belonging, situate, lying and being in the
Princess Anne Borough of the City of Virginia Beach, Virginia, and more particularly
described as follows:
Commencing at the dividing line between the property acquired by Fitzhugh Lee
Brown, sometimes known as Fitzhugh Lee Brown, Sr., by Deed of P. W. Ackiss, et al,
Special Commissioners, dated January 7, 1937, and recorded in the Clerk's Office of
the Circuit court of the City of Virginia Beach, Virginia, in Deed Book 186, at Page
133, and the property known as the Hartley Farm, at its intersection with the
westerly line of Highway 628, and running thence in a westerly direction along said
dividing line a distance of 300 feet to a point, which point is for the purpose of this
description the point of beginning, and running westerly along said dividing line a
distance of 350 feet to a point; thence turning and running in a southerly direction
and parallel to the western line of said Highway 628 a distance of 650 feet, more or
less, to a point 50 feet northerly from the line of the property now or formerly known
as the Burroughs Farm; thence turning and running in an easterly direction and at
all times parallel with and 50 feet northerly from the said property now or formerly
the Burroughs Farm, 650 feet, more or less, to the westerly line of Highway 628;
thence in a northerly direction along the westerly line of said Highway 628 a distance
of 200 feet to the line of the property conveyed by Fitzhugh Lee Brown, Sr., by Deed
dated April 7, 1956, and recorded in the aforesaid Clerk's Office in Deed Book 459,
at Page 453; thence turning and running along the southerly line of the property so
conveyed and perpendicular, or nearly so, to the said westerly line of Highway 628 a
distance of 125 feet; thence turning and running along the westerly line of the
property conveyed by the said Deed recorded in Deed Book 459, at Page 453, a
distance of 300 feet; thence turning and running in a westerly direction and
perpendicular, or nearly so, to the said Highway 628, a distance of 175 feet; thence
turning and running in a northerly direction and parallel to the said Highway a
distance of 150 feet, more or less, to the point of beginning.
G PIN: 2403-67-5038
PARCEL 2:
ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of
Virginia Beach, Virginia, being known, numbered and designated as "PARCEL B-2-A"
as shown on that certain plat entitled: "PLAT SHOWING A RESUBDIVISION OF
LAND BETWEEN PARCELS A5-A AND A6-A, CITY OF VIRGINIA BEACH PROPERTY,
DEED BOOK 3305 PAGE 1405, AND PARCEL B-1 AND PARCEL B-2 EVW GROUP,
INC., DEED BOOK 3813 PAGE 1196, DEED BOOK 3809 PAGE 1018", dated
9
PREPARED BY:
nB SYln:S. ROURDON.
DI AHrnN &. lEVY. P.c.
November 21, 1997, Scale: 1" = 200', prepared by Bengtson, DeBell & Elkin, Ltd.,
which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 263, at Pages 81 - 89.
GPIN: 2403-66-4725
ConditionalRezone jHeronRidgePropertieII j Proffer8.Blacklined
Rev.3j29j06
10
PLANNING
ITEM # 48822
Upon motion by Councilman Harrison, seconded by Council Lady Eure, City Council ADOPTED
Ordinances upon applications of CHECKERED FLAG MOTOR CAR CO. For a Conditional
Change of Zoning and Conditional Use Permit:
ORDINANCES UPON APPLlCA T10N OF CHECKERED FLAG
MOTOR CAR COMPANY FOR A CHANGE OF ZONING
DISTRICT CLASSIFICA T10N FROM R-7.5 TO CONDITIONAL B-2
ZO
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Checkered Flag Motor Car Co., for
a Chanae of Zonina District Classification from R-7.5 Residential
District to Conditional B-2 Community Business District on the east
side of Clearfield Avenue, south of Virginia Beach Boulevard (GPIN
#1467-66-3578; #1467-66-2543; #1467-66-3453; #1467-66-2390).
The proposed zoning classification change to Conditional B-2 is for
commercial land use. The Comprehensive Plan recommends use
of this parcel for suburban residentialllow density at densities that
are compatible with single-family use in accordance with other Plan
policies. Said parcel is located at 5225 Virginia Beach Boulevard
and contains 1.45 acres. DISTRICT 2 - KEMPSVILLE.
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded
with the Clerk of Circuit Court.
AND,
ORDINANCE UPON APPLlCA T10N OF CHECKERED FLAG
MOTOR CAR CO., FOR A CONDITIONAL USE PERMIT FOR
MOTOR VEHICLE SALES RO
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Checkered Flag Motor Car Co., for
a Conditional Use Permit for motor vehicle sales at the southeast
intersection of Virginia Beach Boulevard and Clearfield A venue and
Clearfield Avenue (GPIN #1467-66-3578; #1467-66-2543; #1467-
66-3453; #1467-66-2390). Said parcel is located at 5225 Virginia
Beach Boulevard and contains 9.92 acres. DISTRICT 2 -
KEMPSVILLE.
The following conditions shall be required:
1 All improvements and landscaping shall substantially
conform to the "Conceptual Site Layout and Landscape
Plan of Checkered Flag Toyota, Virginia Beach, Virginia,"
dated June 14, 2001, prepared by MSA, P.C., provided,
however, that the plan may be revised as necessary to
conform with requirements of applicable City ordinances.
2. No loud speakers or outdoor speaker system shall be
permitted on site.
3. All parking lot lighting shall be directed inward and shall
not reflect toward the adjacent residential or surrounding
properties.
4. The existing "nonconforming" free standing sign, fronting
Virginia Beach Boulevard and near the main entrance of
the site, shall be removed. This sign may be replaced,
provided it meets the sign regulations outlined in the City
Zoning Ordinance.
5. Evergreen shrubs planted a minimum of four (4) feet on
center and a minimum height of three (3) to four (4) feet at
the time of installation shall be installed along the southern
property line, where the site abuts the adjacent office
development site.
6. A fifteen foot (15} wide, Category IV landscape buffer
shall be installed along all property lines that abut
residentially zoned property. In addition, all other
applicable landscape requirements set forth in City
ordinances shall be implemented.
7. All garage doors shall remain closed other than for the
maneuvering of vehicles in and out the service bays.
8. A six foot (6} high privacy fence shall be installed adjacent
to the northern property line and eastern property line of
Lot 19 (270 Clearfield Avenue).
These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentv-third of October.
Two Thousand One
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Robert C. Mandigo, Jr., Nancy K.
Parker, Vice Mayor William D. Sessoms, Jr. and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
PLANNING
ITEM #53689
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City
Council ADOPTED Ordinances upon application of SNYDER FAMIL Y TRUST for a
Conditional Change of Zoning and MODIFIED, Conditional Use Permit to incorporate
three (3) rezoned parcels into whole project (approved by City Council October 23,
2001):
ORDINANCE UPON APPLlCA TlON OF SNYDER
FA MIL Y TRUST FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-7.5 TO
CONDITIONAL B-2 Z03051218
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon Application of Snyder Family Trust for
a Chanqe of Zoninq District Classification from R-7.5
Residential District to Conditional B-2 Community
Business District on property located on the east side
of Clearfield Avenue, approximately 600 feet south of
Virginia Beach Boulevard (GPINS 14676612940000;
14676621650000; 14676610690000). The
Comprehensive Plan designates this site as part of
Strategic Growth Area 3 - Newtown Area, suitable for
office and light industrial uses. The purpose of the
rezoning is to expand an existing automobile sales and
repair facility. DISTRICT 2 - KEMPSVILLE
The following condition shall be required:
1. An agreement encompassing proffers shall be
recorded with the Clerk of Circuit Court.
ORDINANCE UPON APPLlCA TlON OF SNYDER
FA MIL Y TRUST FOR A MODIFICA TION OF
CONDITIONS FOR A CONDITIONAL USE PERMIT
APPROVED BY CITY COUNCIL ON OCTOBER 23,
2001 R030531236
BE IT HEREBY ORDAINED. BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon Application of Snyder Family Trust for
a Modification of Conditions for a Conditional Use
Permit approved by City Council on October 23, 2001
on property located at 5225 Virginia Beach Boulevard
and on the east side of Clearfield A venue,
approximately 600 feet south of Virginia Beach
Boulevard (GPINS 14676612940000;
14676621650000; 14676610690000;
14676692260000). DISTRICT 2 - KEMPSVILLE
These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning
Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eight of March
Two Thousand Five
Voting:
8-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Mayor Meyera E.
Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Vice Mayor Louis R. Jones and Richard A. Maddox
March 8, 2005
Conditional Zoning Change: from R7.5 to Conditional 82
Modification of Conditions
r.~~14i.\,Br.~~'"
\(~:)
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Evergreen Virginia, L.L.C. & Checkered Flag Motor Car Company, Inc. -
Change of Zoning District Classification and Modification of Conditions, 270
Clearfield Avenue (DISTRICT - KEMPSVillE)
MEETING DATE: April 25, 2006
. Background:
a) An Ordinance upon Application of Evergreen Virginia, L.L.C. & Checkered
Flag Motor Car Co., Inc. for a ChanQe of Zoninq District Classification from
R-7.5 Residential District to Conditional B-2 Community Business District
on property located at 270 Clearfield Avenue (GPIN 14676623900000).
DISTRICT 2 - KEMPSVILLE
b) An Ordinance upon Application of Evergreen Virginia, L.L.C. & Stephen M.
Snyder, Co-Mgr. for a Modification of Conditions (approved on March 8,
2005 and October 23, 2001) on property located at 270 Clearfield Avenue
(GPIN 14676623900000). DISTRICT 2 - KEMPSVILLE
. Considerations:
The applicant proposes to rezone this existing R-7.5 property located on
Clearfield Avenue and to combine it with the adjacent B-2 zoned property for
expansion of the existing vehicle storage lot of a motor vehicle sales operation.
In 2005, several parcels on Clearfield Avenue to the south of this site were
rezoned from Residential to Conditional B-2 for incorporation into the existing
Checkered Flag motor vehicle sales and service facility. The subject parcel was
not part of that request since the applicant did not own the parcel at that time.
The requested rezoning is necessary to include the parcel into the larger auto
sales and service, as the property is currently zoned Residential. A modification
to the existing Conditional Use Permit is also required to incorporate this lot into
the existing operation. The submitted application indicates that the addition of
this parcel will be for parking and/or display area only. No additional structures
are proposed on this lot.
The development proposal to integrate this parcel into the larger abutting
commercial property, as part of the existing automobile sales display area
and/accessory parking operation, is consistent with the Comprehensive Plan's
land use policies for this area.
Evergreen Virginia, L.L.C. & Checkered Flag Motor Car Co., Inc.
Page 2 of 2
The Planning Commission placed these items on the consent agenda because
the proposals are for the expansion of an existing motor vehicle sales facility and
the proposal is consistent with the Comprehensive Plan.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve the requests, as proffered.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ~
City Manage~ k,~~
EVERGREEN
VIRGINIA, LLC &
CHECKERED FLAG
MOTOR CAR
COMPANY, INC.
Agenda Items # 4 & 5
March 8, 2006 Public Hearing
Staff Planner: Carolyn AX Smith
REQUESTS:
4) Chanae of Zonina District Classification from R-7.5 Residential District to Conditional B-2 Community
Business District.
5) Modification of Conditions of a Conditional Use Permit for motor vehicle sales granted by City Council
on October 23, 2001 and modified on March 8, 2005.
ADDRESS I DESCRIPTION: Property located at 270 Clearfield Avenue.
GPIN:
14676623900000
COUNCIL ELECTION DISTRICT:
2 - KEMPSVILLE
SITE SIZE:
0.35 acres
SUMMARY OF REQUEST
The applicant proposes to rezone the existing R-7.5 property
located on Clearfield Avenue and to combine it with the
adjacent B-2 zoned property for expansion of the existing vehicle storage lot of a motor vehicle sales
operation.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Single-family dwelling
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USE AND ZONING:
North:
· Motor vehicle sales and service / Conditional B-2 Community
Business District
· Motor vehicle sales and service / Conditional B-2 Community
Business District
· Motor vehicle sales and service / Conditional B-2 Community
Business District
· Clearfield Avenue
· Single-family homes / R-7.5 Residential District
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
There do not appear to be any significant environmental features on the
site. The property is located within the Chesapeake Bay watershed.
AICUZ:
The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia
Beach Boulevard is an eight (8) lane divided urban arterial. The MTP proposes a 150 foot right-of-way.
There are no current CIP projects slated for either Virginia Beach Boulevard or Clearfield Avenue.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Virginia Beach 43,012 ADT 34,940 ADT (Level of Existing Land Use" - 1 0
Boulevard Service "C") - 56,240 ADT ADT
1 (Level of Service "D") Proposed Land Use 3 -
Clearfield Avenue o ADT (1,800 ADT for
- no traffic counts the motor vehicle sales
available facility)
Average Dally Tnps
2 as defined by one singe family dwelling
3 as defined by a storage lot for motor vehicle sales and service
The Comprehensive Plan designates this area as being within
the Primary Residential Area. The land use planning pOlicies and principles for the Primary Residential
Area focus on preserving and protecting the overall character, economic value and aesthetic quality of the
stable neighborhoods located in this area. Page 91 of the Primary Residential Area chapter of the
Comprehensive Plan states "Limited commercial or institutional activities providing desired goods or
COMPREHENSIVE PLAN
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services to residential neighborhoods may be considered acceptable uses on the edge of established
neighborhoods provided effective measures are taken to ensure compatibility."
EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the proffers submitted by the applicant and with the conditions recommended by staff. The
proffers and conditions are provided below.
In 2005, several parcels on Clearfield Avenue to the south of this site were rezoned from residential to
Conditional B-2 for incorporation into the existing Checkered Flag motor vehicle sales and service facility.
This parcel was not part of that request since the applicant did not own the parcel at that time. The
rezoning is required to operate the auto sales and service on this site, as the property is currently zoned
Residential. A modification to the existing Conditional Use Permit is also required to incorporate this lot
into the existing operation. The application indicates that the addition of this parcel will be for parking
and/or display area only. No additional structures are proposed on these lots.
The development proposal to integrate this parcel into the larger abutting commercial property, as part of
the existing automobile sales display area and/accessory parking operation, is consistent with the
Comprehensive Plan's land use policies for this area and is recommended for approval.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(91 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When the Property is developed, it shall be developed substantially as shown on the exhibit entitled
"Conceptual Site Layout and Landscape Plan of Checkered Flag Motor Car Co., 270 Clearfield Avenue,
Virginia Beach, Virginia," dated December 28,2005, prepared by MSA, P.C., which has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter"
Site Plan").
PROFFER 2:
When the Property is developed, it shall be landscaped substantially as depicted on the exhibit entitled
"Conceptual Site Layout and Landscape Plan of Checkered Flag Motor Car Co., 270 Clearfield Avenue,
Virginia Beach, Virginia," dated December 28, 2005,prepared by MSA, P.C., which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter
"Landscape Plan").
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PROFFER 3:
The use of the property shall be automobile sales display area and/or accessory parking in accordance with
a conditional use permit duly approved by the City Council of the City of Virginia Beach on October 23, 2001
and modified on March 8, 2005.
PROFFER 5:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable.
The City Attorney's Office has reviewed the proffer agreement dated December 27,2005, and found it to be
legally sufficient and in acceptable legal form.
CONDITIONS
1. An Agreement encompassing the proffers shall be recorded with the Clerk of Circuit Court.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
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Conditional Zoning Change: from R7.5 to Conditional 82
Modification of Conditions
1 03/08/05 CHANGE OF ZONING (R-7.5 to Conditional B- Granted
2)
2 01/11/05 CHANGE OF ZONING (R-7.5 to Conditional B- Granted
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3 1 0/1 0/00 CHANGE OF ZONING (R-7.5 to Conditional B- Granted
2)
CUP (auto sales)
4 05/14/91 CUP (church/school additions) Granted
08/11/92 CUP (church/school additions) Granted
03/14/95 CUP (church/school additions) Granted
5 10/29/02 CUP (church/school additions) Granted
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EVERGREEN & CHEpKERED "c(> G
Agend~:ltems#~'l~5
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Item #4 & 5
Evergreen Virginia, L.L.c. & Checkered Flag Motor Car Co., Inc.
Change of Zoning District Classification
Modification of Conditions
270 Clearfield A venue
District 2
Kempsville
March 8, 2006
CONSENT
Janice Anderson: The next item is Item #4 & 5. This is Evergreen Virginia, L.L.c. and
Checkered Flag Motor Car Company, Inc. This is for a Change of Zoning District
Classification from R-7.5 Residential to Conditional B-2 Community on property located
at 270 Clearfield A venue. This is also an application for a Modification of Conditions of
a Conditional Use Permit that was approved by Council back in March 8, 2005 and
October 23, 2001 on the same property. This is in the, Kempsville District. Mr. Fine,
welcome.
Morris Fine: I'm Morris Fine representing the petitioners.
=
Janice Anderson: There are five proffers and one condition.
Morris Fine: They are perfectly agreeable with them.
Janice Anderson: Thank you.
Morris Fine: Thank you.
Janice Anderson: Is there any opposition to this application being placed on the consent
agenda? Then Mr. Henry Livas will explain this application.
Henry Livas: As previously stated, the applicant is Evergreen Virginia, L.L.c. and
Checkered Flag Motor Car Company, and they're requesting a Change of Zoning District
Classification from R-7.5 Residential District to Conditional B-2 Community Business
District. The applicant also wants to modify a Conditional Use Permit for motor vehicle
sales, which was granted by City Council in October 2001 and it was later modified on
March 8, 2005. The property is located at 270 Clearfield Avenue and that is near Virginia
Beach Boulevard. In essence, the applicant wants to expand his motor vehicle operations
because he currently owns properties on both sides of this so it is just the expansion of
what's currently going on in that particular area. Consequently, we recommend approval
of this request with the five proffers.
Janice Anderson: Thank you very much. Mr. Chair, I have a motion.
Item #4 & 5
Evergreen Virginia, L.L.c. & Checkered Flag Motor Car Co., Inc.
Page 2
Barry Knight: A motion on the floor. Do we have a second? A second by Kathy Katsias.
Is there any discussion? Call for the question.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
KATSIAS AYE
KNIGHT AYE
LIV AS AVE
RIPLEY AYE
STRANGE AYE
WALLER
WOOD AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved Items #4 & 5 for consent.
=
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6299
DATE: April 11, 2006
TO:
FROM:
Leslie L. LilleY::J
B. Kay WiISO~
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Evergreen Virginia, LLC
The above-referenced conditional zoning application is scheduled to be heard by
the City Council on April 25, 2006. I have reviewed the subject proffer agreement, dated
December 27, 2005, and have determined it to be legally sufficient and in proper legal
form. A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/sj
Enclosure
\/cc: Kathleen Hassen
This Document Prepared by:
Fine, Fine, Legum & McCracken, LLP
TIDS AGREEMENT made this 27th day of December, 2005, by and between RUBY B.
ROBERTS, a widow, Property Owner, and EVERGREEN VIRGINIA. LLC, a Virginia
limited liability company, Contract Purchaser, herein collectively referred to as "Grantors",
parties ofthe first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of
the Commonwealth of Virginia, Grantee, party of the second part.
WITNE~~E TH:
'..vHEREAS, Property Owner is the owne:rcf certain pa:cels of property located in the
Lynnhaven Borough district of the City of Virginia Beach, more particularly described as
follows:
See Exhibit "A"
said parcels hereinafter collectively referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of the
City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning
Classification of the Property from R-7.5 Residential District to Conditional B-2 Community
Business District (Conditional); and
WHEREAS, the Grantee's policy is to provide only for the orderly development ofland
for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible
development of various types of uses conflict and that in order to permit different types of uses
on and in the area of the Property and at the same time to recognize the effects of change that will
be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use
GPIN Nos. 1467-66-2390-0000
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
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
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 Grantors, their successors, personal representatives, assigns,
Grantee, and other successors in title or interest, voluntarily and without any requirement by or
exaction from the Grantee or its governing body and without any element of compulsion or quid
pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes
the following declaration of conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and hereby covenants and agrees that this
declaration shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantor, its successors,
personal representatives, assigns, Grantee, and other successors in interest or title:
1. When the Property is developed, it shall be developed substantially as shown on the
exhibit entitled "Conceptual Site Layout and Landscape Plan of Checkered Flag Motor Car co., 270
Clearfield Avenue, Virginia Beach, Virginia" dated December 28,2005 prepared by MSA, P.C., which
has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (hereinafter "Site Plan").
Page 2 of 6
2. When the Property is developed, it shall be landscaped substantially as depicted on the
exhibit entitled "Conceptual Site Layout and Landscape Plan of Checkered Flag Motor Car Co., 270
Clearfield Avenue, Virginia Beach, Virginia" dated December 28,2005 prepared by MSA, P.c., which
has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (hereinafter Landscape Plan").
3. The use of the Property shall be automobile sales display area and/or accessory parking
in accordance with a conditional use permit duly approved by the City Council of the City of Virginia
Beach on October 23, 2001 and modified on March 8, 2005 .
4. 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.
All references hereinabove to the B-2 Zoning District and to the requirements and regulations
applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the
City of Virginia Beach, Virginia, in force as ofthe 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 varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record
owner of the Property at the time of recordation of such instrument, provided that such
Page 3 of 6
instrument is consented to by the Grantee in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said instrument
shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and
(b) to bring legal action or suit to insure compliance with such conditions, including mandatory
or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, the Grantor shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the
Page 4 of 6
Grantors and the Grantee.
WITNESS the following signatures and seals:
EVERGREEN VIRGINIA, LLC
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Ruby B. Roberts' . .
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Arlene A. Kilgore, a Notary Public in and for the City and State aforesaid, do hereby
certify that Stephen M. Snyder, duly authorized Co-Manager of Evergreen Virginia, LLC, whose
name is signed to the foregoing instrument dated the 27th day of December, 2005 did personally
appear before me in my City and State aforesaid and acknowledge the same before me.
GIVEN under my hand and seal ~daY Oaem~o~
Notary publ:: . U
My commission expires: September 30, 2005
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, fir Ie i}<, JJ. k> /11: /'c. , a Notary Public in and for the City and State
aforesaid, do hereby certify that Ruby B. Roberts, whose name is signed to the foregoing
instrument dated the 27th day of December, 2005 did personally appear before me in my City and
State aforesaid and acknowledge the same before me.
GNEN under my hand and seal this ~ day of December, 2005
7J# /) ~,- ....
UAA/.,.v.- UL " '-
Notary Public . !
My commission expires: September 30, 2007
Page 5 of 6
Exhibit "A"
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon,
lying, situate and being in the City of Virginia Beach (formerly Princess Anne County), Virginia,
and known, numbered and designated as Lot 19, as shown on that certain plat of Clear Acres,
which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach (formerly Princess Anne County), Virginia, in Map Book 13, at Page 57, reference to
which is hereby made for a more particular description of said property.
Page 6 of 6
William
Fox
AG-I
1-1
AG-I
AG-I
CUP - Outdoor Recreation Facility (paintbal/)
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: William Fox - Conditional Use Permit (recreational facility of an outdoor
nature - paintball park), 2968 Holland Road (DISTRICT 7 - PRINCESS ANNE)
MEETING DATE: April 25, 2006
. Background:
An Ordinance upon Application of William Fox for a Conditional Use Permit for a
recreational facility of an outdoor nature (paintball park) on property located at
2968 Holland Road (GPIN 14953347740000). DISTRICT 7 - PRINCESS ANNE
. Considerations:
The applicant requests a Conditional Use Permit to allow development of the site
for an outdoor 'paintball park' with proposed hours of operation of 9:00 a.m. to
dusk. The park will have two (2) types of fields: a Woodland Field and a
Speedball Field. The Woodland Field is for games played in a wooded
environment. The Speedball Field is a fast-paced game played on a small
course, usually with many obstacles. Some selective clearing of the site is
proposed but no permanent structures are planned on the site. The field will be
located approximately 640 feet north of Holland Road. A 20-foot high net will be
installed around the playfields when they are in operation. A 28-foot long van is
proposed as the portable office. When the park is not open, the netting will be
stored in the van, which will be driven from the site and parked at the applicant's
supply store in another location. As the lease is for one (1) year only, a waiver to
the pavement requirement will be requested from the Planning Director, as a
gravel parking lot is proposed.
The property under consideration is listed for sale and the applicant has a one (1)
year lease. As such, Staff considers this use as "temporary" until such time that a
higher-level non-residential use as envisioned by the Comprehensive Plan is
proposed or until the connection between Holland Road and Drakesmile Road is
constructed.
A portion of the site is within a restrictive easement owned by the United States
Navy and is located in the Greater than 75 dB AICUZ. The paintball park is
deemed to be a good, compatible, temporary use at this location.
The Planning Commission placed this item on the consent agenda because the
site is essentially, surrounded by an undeveloped area, is an appropriate use for
this AICUZ, and is likely a temporary use of the site.
William Fox
Page 2 of 2
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. No permanent structures, associated with the paintball park operation,
shall be permitted on the site.
2. The hours of operation shall be limited to 9:00 a.m. to dusk.
3. The operation shall comply with standards set forth by the American
Paintball League.
4. All paintball activity, (parking, play and otherwise), shall be located in the
wooded area depicted on the plan entitled, "Site Plan of Paintball Park for
William Fox," dated 12/21/2005, which has been displayed to the Virginia
Beach City Council and is on file with the Virginia Beach Department of
Planning. Any expansion beyond those limits depicted on the Plan shall
require additional review and approval of a modification of these
conditions to be granted by the City Council.
5. This Use Permit shall be administratively reviewed on an annual basis.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department e
City Manager:
WilliAM FOX
Agenda Item # 7
March 8, 2006 Public Hearing
Staff Planner: Carolyn A.K. Smith
REQUEST:
Conditional Use Permit for outdoor
recreational facility (paintball park).
William Fox
AG~I
I-J
AC-'
CUP ~ Outdoor Recreation Facility (paintba1!)
ADDRESS I DESCRIPTION: Property located at 2968 Holland Road.
GPIN:
14953347740000
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
3 acres
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow
development of the site for an outdoor 'paintball park' with
proposed hours of operation of 9:00 a.m. to dusk. The park will have two (2) types of fields: a Woodland
Field and a Speedball Field. The Woodland Field is for games played in a wooded environment. The
Speedball Field is a fast-paced game played on a small course, usually with many obstacles. Some
selective clearing is proposed but no permanent structures are planned on the site. A 20-foot high net will
be installed around the playfields when they are in operation. A 28-foot van is proposed as the portable
office. When the park is not open, the netting will be stored in the van, which will be parked off site at the
applicant's supply store in another location. As the lease is for one (1) year only, a waiver to the
pavement requirement will be requested from the Planning Director, as a gravel parking lot is proposed.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped vacant site with both open field and woods.
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
NATURAL RESOURCE AND
. Wooded area 1 AG-1 Agricultural District
. Wooded area 1 AG-2 Agricultural District
. Wooded area 1 AG-1 Agricultural District
. Office, bulk storage 11-1 Light Industrial
The site is located within the Southern Watersheds Manag~[I)~Bt~rea.
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CULTURAL FEATURES:
There is an open field adjacent to Holland Road that runs approximately
600 feet to the north. The rear of the property is primarily wooded and is
encumbered by 1 OO-year floodplain (floodplain subject to special
restrictions) .
AICUZ:
The site is in an AICUZ of greater than 75 dB Ldn and within Accident
Potential Zone 1/ surrounding NAS Oceana. A portion of the property is
also encumbered by an AICUZ restrictive easement.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN lMTP) I CAPITAL IMPROVEMENT PROGRAM lCIP): Holland
Road is considered a two (2) lane undivided suburban arterial. Improvements to Holland Road are
slated to begin in 2008.
The MTP shows a 125 divided highway proposed for a future connection between Holland Road and
Drakesmile Road (former London Bridge Road Extended) to the north. The general route of that
roadway passes through this site.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Holland Road 17,266 ADT 1 13,600 ADT (Level of Existing Land Use ~ - 50
Service "C") - 16,200 ADT ADT
1 (Level of Service "E") Proposed Land Use 3 -
1 00 ADT
Average Dally Tnps
2 as defined by agricultural zoning
3 as defined by estimated number of clients (50) on a very busy day
The Comprehensive Plan designates this area as being within
Strategic Growth Area (SGA) 10/ South Oceana Area. A significant portion of SGA 10 is "located inside
the Accident Potential Zone for the approach to NAS Oceana runways 5L and 5R," (p. 82 of the Policy
Document). Much of the land within SGA 10 is also encumbered by AICUZ easements owned by the
United States Navy that restrict the uses to those compatible to operations at NAS Oceana. "Developable
land located in the western region of this Strategic Growth Area [as this site is] is planned for non-
residential uses to include a mix of light industrial, low-rise office, and limited retail use," (p. 83).
COMPREHENSIVE PLAN
Staff recommends approval of this
request with conditions
EVALUATION AND RECOMMENDATION
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recommended by staff. The recommended conditions are provided below.
As a portion of the site is within a restrictive easement owned by the United States Navy and is located in
the Greater than 75 dB AICUZ, and within the Comprehensive Plan's Strategic Growth Area 10, the
paintball park is a compatible use at this location. Adjacent to the site is an light industrial office with bulk
storage for an electric contractor. All of the surrounding properties also have the same AICUZ restraints
as this site. The nearest residential neighborhood is approximately 400 feet to the east. The field will be
located approximately 640 feet north of Holland Road. The property under consideration is listed for sale
and the applicant has a one (1) year lease. As such, Staff is inclined to consider this use as "temporary"
until such time that a higher-level non-residential use as envisioned by the Comprehensive Plan is
proposed or until the connection between Holland Road and Drakesmile Road is constructed.
CONDITIONS
1. No permanent structures, associated with the paintball park operation, shall be permitted on the site.
2. The hours of operation shall be limited to 9:00 a.m. to dusk.
3. The operation shall comply with standards set forth by the American Paintball League.
4. All paintball activity, (parking, play and otherwise), shall be located in the wooded area depicted on the
plan entitled, "Site Plan of Paintball Park for William Fox," dated 12/21/2005, which has been
displayed to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning. Any expansion beyond those limits depicted on the Plan shall require additional review and
approval of a modification of these conditions to be granted by the City Council.
5. This Use Permit shall be administratively reviewed on an annual basis.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
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A9~nda Item # 7
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ZONING HISTORY
William Fox
AG-I
I-J
AG-I
AG-I
CUP - Outdoor Recreation Facility (paintbal/)
1 02/12/02 MODIFICATION OF CONDITIONS/PROFFERS (AG Granted
1 & 2 to Conditional 1-1)
CUP (contractor's storage yardlbulk storage)
01/09/01 CHANGE OF ZONING (AG-1 & 2 to Conditional 1-1 ) Granted
Granted
2 02/23/99 CUP (communications antenna) Granted
3 01/12/99 CHANGE OF ZONING (AG-1 & 2 to Conditional 1-1) Granted
CUP (contractor's storage yard)
4 06/09/98 CUP (communications antenna) Granted
5 06/18/97 CUP (church expansion) Granted
04/11/95 CUP (church expansion) Granted
05/12/92 CUP (church) Granted
6 12/22/86 CUP (animal hospital, shelter, kennel) Granted
7 09/22/86 SUBDIVISION VARIANCE Granted
8 08/27/96 CHANGE OF ZONING (AG-1 & 2 to Conditional R- Granted
58)
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DISCLOSURE STATEMENT
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Item #7
William Fox
Conditional Use Permit
2968 Holland Road
District 7
Princess Anne
March 8, 2006
CONSENT
Janice Anderson: The next item is Item #7. It's the application of William Fox. It's for
a Conditional Use Permit for a recreational facility (paintball park) on property located at
2968 Holland Road. This is in the Princess Anne District. Is there a representative?
Thank you. Good afternoon.
Jim Atwood: Good afternoon. My name is Jim Atwood and I'm going to be representing
Mr. Fox and Fox Paintball. We've read the conditions and agree to them.
Janice Anderson: Thank you Mr. Atwood. Is there any opposition to this application
being placed on the consent agenda ? We would like to have AI Henley explain this
application.
Al Henley: Thank you. The property in question is essentially surrounded in a large
undeveloped area, a woodland area with one exception on the corner. This is a business
location around it. This application will be reviewed if approved for one year so when it
comes up for renewal, if that is possible. It is a temporary use. We feel it's the best use
for the property at this particular time.
=
Janice Anderson: Thank you very much. Mr. Chair, I have a motion.
Barry Knight: A motion on the floor. Do we have a second? A second by Kathy Katsias.
Is there any discussion? Call for the question.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
KA TSIAS AYE
KNIGHT AYE
LIV AS AYE
RIPLEY AYE
STRANGE AYE
WALLER
WOOD AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved Item #7 for consent.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: 29 Ocean, L.L.C. - Change of Zoning District Classification, 29th Street east
of Arctic Avenue (DISTRICT 6 - BEACH)
MEETING DATE: April 25, 2006
. Background:
An Ordinance upon Application of 29 Ocean, L.L.C. for a Chanqe of Zoninq
District Classification from RT-3 Resort Tourist District, A-36 Apartment District
and A-12 Apartment District to Conditional RT-3 Resort Tourist District with a
Laskin Road Gateway Overlay on property located on the northeast corner of
Arctic Avenue and 29th Street and on the south side of 29th Street, approximately
100 feet east of Arctic Avenue (GPINs 24280122750000; 24280122230000;
24280112720000;24280112210000;24280114720000;24280114200000;
24280103790000; 24280103080000). DISTRICT 6 - BEACH
. Considerations:
The applicant proposes to rezone the existing parcels, zoned RT-3 Resort
Tourist District, A-12 Apartment District, and A-36 Apartment District, to
Conditional RT-3 Resort Tourist District with a Laskin Road Gateway (LRG)
Overlay and to redevelop the site as a multifamily residential project. The
proposed buildings will be seven stories in height with a total of 89 units. The
proposed "North" building will contain 47 units and 105 parking spaces. The-
proposed "South" building will contain 42 units and 77 parking spaces. The units
will range in size from 1,700 square feet to 2,528 square feet. The buildings will
be constructed of a mixture of brick, exterior insulation finish system (EIFS), and
hardiplank (fiber cement lap) siding. The proposed color scheme is red or tan
brick, off-white hardiplank, and tan EIFS. The proposed roof will be standing
seam metal in a terra cotta color. All the windows will be white vinyl wrapped
wood, and the balcony railings will be bronze aluminum. Additional window and
balcony treatments in the form of awnings to provide more human scale
articulation to the project have been suggested to the applicant.
The proposal is in conformance with the Comprehensive Plan's
recommendations for this area. The proposal will redevelop a stressed and
under-utilized group of properties and provide high-quality residential units,
increasing the year-round population at the Resort Area. The proposed buildings
and site layout are urban in design and in accordance with the recommendations
of the Laskin Road Gateway Design Guidelines. The proposal is compatible with
29 Ocean, L.L.C.
Page 2 of 2
the adjacent business areas as well as the multi-family residential project "under-
construction" directly west of Arctic Avenue.
The Planning Commission placed this item on the consent agenda because it is
a high quality development and is consistent with the Comprehensive Plan and
the Laskin Road Gateway Design Guidelines.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request, as proffered.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ~
CityManag~ k-. ~~
29 OCEAN, LLC
Agenda Item # 8
March 8, 2006 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Chanqe of Zonina District Classification from
RT-3 Resort Tourist District, A-12 Apartment
District, and A-36 Apartment District to
Conditional RT-3 Resort Tourist District
with a Laskin Road Gateway (LRG) Overlay
ADDRESS I DESCRIPTION: Property located on the Northeast corner of 29th Street and Arctic Avenue (311,
313 and 315 29th Street and 2903 Arctic Avenue), and the south side of 29th Street, 100 feet east of Arctic
Avenue (310 and 312 29th Street).
GPIN:
24280122750000;
24280122230000;
24280112720000;
24280112210000;
24280114200000';
24280103790000;
24280103080000;
24280114720000.
COUNCIL ELECTION DISTRICT:
6-BEACH
SITE SIZE:
65,000 square feet (the northern parcel is
35,000 square feet; the southern parcel is
30,000 square feet)
The applicant proposes to rezone the existing RT-3 Resort
Tourist District, A-12 Apartment District, and A-36 Apartment
District to Conditional RT-3 Resort Tourist District with a Laskin Road Gateway (LRG) Overlay and to
redevelop the site as a multifamily residential project. The proposed buildings will be seven stories in
height with a total of 89 units. The proposed "North" building will contain 47 units and 105 parking spaces.
The proposed "South" building will contain 42 units and 77 parking spaces. The units will range in size
from 1,700 square feet to 2,528 square feet. The buildings will be constructed of a mixture of brick,
exterior insulation finish system (EIFS), and hardiplank siding. The proposed color scheme is red or tan
brick, off-white hardi-plank, and tan EIFS. The proposed roof will be standing seam metal in a terra cotta
color. All the windows will be white vinyl wrapped wood, and the balcony railings will be bronze aluminum.
SUMMARY OF REQUEST
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Additional window and balcony treatments in the form of awnings to provide more human scale
articulation to the project have been suggested to the applicant.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Currently a 34-unit hotel, five two-bedroom cottages, and a single-family dwelling
occupy the sites. The hotel was built in 1948, with additions in 1951, 1966, and 1983. The cottages were
constructed in 1920, and the single-family house was built in 1927. All the existing uses are nonconfroming
due to the existng zonings of the property.
SURROUNDING LAND
USE AND ZONING:
North:
· An alley, 29% Street
· Across the alley is a Hotel / RT-3 Resort Tourist District and A-
12 Apartment District
· Hotel/ RT-3 Resort Tourist District
· Single-family (north side) and restaurant (south side) / RT-3
Resort Tourist District
· Arctic Avenue (north side) and a duplex (south side) / RT-3
Resort Tourist District and A-12 Apartment District
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are little or no natural resources on the sites as the sites are
developed with buildings and parking areas.
There does not appear to be any cultural features associated with the
sites except the cottages, which were developed in 1920, and the single-
family home built in 1927, around the beginning of the Town of Virginia
Beach.
AICUZ:
The site is in an AICUZ of 65-70 dB Ldn surrounding NAS Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): 29th
Street in front of this application is considered a two-lane undivided local street. Arctic Avenue is two-
lane Minor Urban Arterial roadway. This portion of Arctic Avenue will not be impacted by the upcoming
construction phase for the Arctic-Baltic Avenue Drainage Improvements project. South of 28th Street,
Arctic Avenue will be completely rebuilt with this Capital Improvement Project, which is scheduled to
begin in the fall of 2006.
There is a proposed entrance shown on 29th Street, just east of Arctic Avenue for the North
condominium. This entrance will not be approved in this location because it is too close to the
intersection. The entrance must be moved at least 50 feet east along 29th Street. Because all of the
other proposed access points are also shown schematically with no information regarding entrances to
adjacent properties, approval of specific locations for access points will be withheld until a construction
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29:0_CEAN, L~Il.C.
Ag~i1dalte '8
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plan is submitted for review.
The developer will be responsible for improving the 29Y2 Street alleyway to meet Public Works
Standards, which includes an 18-foot width with curb and gutter. The 18-foot width is measured from
face-of-curb to face-of-curb.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
29th St not available 6,200 ADT (Level of Existing Land Use;:-
Service "C") - 153 ADT
9,900 ADT (Level of Proposed Land Use 3 -
Service "D" - capacity) 581 ADT
Arctic Avenue not available 7,300 ADT (Level of
Service "C") -
10,700 ADT (Level of
Service "D" Capacity)
I
Average Dally Tnps
2 as defined by the existing uses
3 as defined by 89 condominium dwellings
WATER: This site must connect to City water. There is an 8-inch City water line in 29th Street, and an 18-inch
City water main in Arctic Avenue.
SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #3, and the City sanitary
sewer collection system is required to ensure future flows can be accommodated. There is an 8-inch City
gravity sanitary sewer main in 29th Street and a 24-inch City gravity sanitary sewer main in Arctic Avenue.
SCHOOLS:
School Current Capacity Generation 1 Change 2
Enrollment
Cooke Elementary 536 505 7 4
Virginia Beach 706 724 3 2
Middle
First Colonial 2,146 1,730 4 2
" . .
generation represents the number of students that the development Will add to the school
2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The
number can be positive (additional students) or negative (fewer students).
COMPREHENSIVE PLAN
The Oceanfront Resort Area Plan and the Oceanfront Resort Area Design Guidelines, which were
adopted December 20, 2005, and amended as part of the City's Comprehensive Plan, identify this area
as the Laskin Road Gateway. Laskin Road Gateway Design Guidelines were adopted by City Council on
August 10, 2004, and identify eight (8) design goals, which are as follows:
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1. Provide interest at the street level and enhance the pedestrian experience.
2. New buildings and additions should be delineated both vertically and horizontally to reflect a
human scale.
3. Simple rectangular forms with horizontal roof forms should predominate on commercial and
mixed-use structures.
4. Clearly identify the primary entrance to a building and orient it to the street.
5. Architectural features should be used to provide weather protection and highlight building
features and entries.
6. Building material and colors should exhibit quality and help establish a human scale while
providing visual interest.
7. Design buildings with careful consideration for the incorporation of signage and lighting.
8. Design outdoor spaces to enliven the sidewalk level and provide for private open space for
shoppers, employees, and residents.
The Comprehensive Plan calls for high quality and more intensive development in the Laskin Road
Corridor of which this proposal is consistent.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the submitted proffers. The proffers are provided below.
The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The
proposal will redevelop a stressed and under-utilized group of properties and provide high-quality
residential units, increasing the year-round population at the Resort Area. The proposed buildings and
site layout are urban in design and in accordance with the recommendations of the Laskin Road Gateway
Design Guidelines. The proposal is compatible with the adjacent business areas as well as the multi-
family residential project "under-construction" directly west of Arctic Avenue.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(91 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When the Property is developed, it shall be developed substantially as shown on the exhibits entitled
"PROPOSED OCEANS 29 CONDOMINIUMS Architectural Site Plans", "PROPOSED OCEANS 29
CONDOMINIUMS - NORTH BUILDING PLANS", and "PROPOSED OCEANS 29 CONDOMINIUMS-
SOUTH BUILDING PLANS", dated 01-27-2006, prepared by Hanson & Associates, P.C., which have been
exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning
(hereinafter referred to as "Concept Plans").
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29 OCEAN, bl.C.
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PROFFER 2:
When the residential buildings designated Ocean 29-NORTH and SOUTH on the Concept Plan are
developed, the exterior of the buildings shall be substantially similar in architectural features, details and
appearance to the exhibits entitled "OCEANS 29 RENDERING", PROPOSED OCEANS 29
CONDOMINIUMS - ELEVATIONS SOUTH BUILDING" AND "PROPOSED OCEANS 29 CONDOMINIUMS
- ELEVATIONS NORTH BUILDING", dated 01-27-2006, prepared by Hanson & Associates, P.C., which
have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of
Planning (hereinafter "29 Ocean Elevations").
PROFFER 3:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the
project.
The City Attorney's Office has reviewed the proffer agreement dated 30th January, 2006, and found it to be
legally sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
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29~9EAN, L.'
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29 Ocean LLC
Conditional Zoning Change: from Rt-3, A-12, A-36 to RT3 (LRG)
1. 1/8/64
1 a. 1/8/64
1/21/80
2. 2/22/05
5/28/02
3/27/01
3. 5/12/98
4. 1/14/97
5. 4/23/96
Approved
Approved
A roved
Approved
Approved
A roved
A roved
Withdrawn
A roved
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02/28/08 TUB 16:52 FAX 757 4JJ 2007
BLDG 2JO NASa
~002
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DEPARTMENT OF THE NAVY
NAVAl. AIR STATION OCEANA
1750 TClMCAT eOULEVARD
VIRGINIA BEACH. VIRGINIA 234e0-2191
IN REPL v ReFER TO:
5726
Ser 331111
February 28, 2006
Ms. Faith Christie
Planning Department
City of virginia Beach
2405 Courthouse Drive, BUilding 2
Virginia Beach, VA 23456
Dear MS. Christie:
Thank you for the opportunity to review the Conditional Use
Permit application made by 29 Ocean, LLC for their proposed
ninety-six-unit condominium project located at Arctic Avenue and
29u Street.
T.bis site is' located approximately three miles northeast of
NAS Oceana in the 65-70 decibel (dB) day-night aver~ge (DNL)
noise zone, beneath airspace used by some jet aircraft
approaching runway 23. Kindful that Virginia Beach did not
adopt zoning changes in this contour foll~g the recent Joint
Land Use Study, I must nonetheless advise you that the Navy's
Air :Installation Compatible Use Zone (AICUZ) Program prOVides
that residential use is not compatible within the 65-70 dB DNL.
The Navy understands that redevelopment of the oceanfront
area is an important City initiative. :Indeed, this is reflected
in the Statement of Understanding of 15 March 2005 between the
City and the Navy. OUr concern with respect to such
redevelopment is, however, the reSUlting increase in residential
density. I wou1.d ask that the City staff and the proponents of
this project seriously consider the known and potential
consequences of aircraft operations on the future residents of
these ninety-six units and urge the City to explore a way to
advance tbls project at a lower density.
I hope you will make these concerns known to the Ci ty staff
and to the representatives of 29 Ocean, LLC. My sta.ff and I are
ready to explain to anyone connected with 'this proposaJ. how air
operations at NAB Oceana affect this site and to discuss any
facet of the proposal. To do so, please contact my community
Planning Liaison Officer, ,Mr. Ray Firenze at (757) 433-3158.
Sincerely,
~
P.. GE
ain, U.S. Navy
Commanding Officer
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29,GPEAN, h~l.C.
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Item #8
29 Ocean, L.L.c.
Change of Zoning District Classification
Northeast corner of Arctic A venue and 29th Street and
South side of 29th Street, approximately 100 feet east of
Arctic Avenue
District 6
Beach
March 8, 2006
CONSENT
Janice Anderson: The next item is Item #8. It is 29 Ocean, L.L.c. This is for a Change
of Zoning from RT-3 Resort Tourist District, A-36 Apartment District, and A-12
Apartment District to Conditional RT-3 Resort Tourist District. Those three zonings
being are being changed to RT -3 with a Laskin Road Gateway Overlay. This is on
property located on the northeast comer of Arctic Avenue and 29th Street and on the south
side of 29th Street. This is in the Beach District. Yes sir. Welcome.
Mark Goldner: Thank you. My name is Mark Goldner representing the 29 Ocean, L.L.C.
We've read the conditions and concur.
=
Janice Anderson: Thank you Mr. Goldner. Is there any opposition to this application?
Therefore, Mr. Bernas could you please explain this one?
Jay Bernas: This is an application for a Change of Zoning District Classification. The
project will involve two buildings. The north building will contain 47 units. The south
building will contain 42 units. The Commission feels that this should be on the consent
agenda because it is a high quality, a wonderful development. It's consistent with the
Laskin Gateway Design Guidelines. It's been a long time coming. One thing that we
would like to note is that we would like to recommend to City Council that they look at
the existing eIP projects within the area to look at opportunities to work with the
developer and cost participate on improving this section of 29th Street.
Janice Anderson: Thank you. Mr. Chair, I have a motion.
Barry Knight: A motion on the floor. Do we have a second? A second by Kathy Katsias.
Is there any discussion? Call for the question.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
Item #8
29 Ocean, L.L.c.
Page 2
KA TSIAS
KNIGHT
LIV AS
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
ABSENT
AYE
Ed Weeden: By a vote of 10-0, the Board has approved Item #8 for consent.
Barry Knight: Okay.
=
Page 1 of 1
Faith Christie
From: HRDIVE@aol.com
Sent: Wednesday, March 01, 200611:12 AM
To: Faith Christie
Cc: ComfortVaBch@aol.com; EconoOceanfront@aol.com; awv@picusnet.com; billy@wplsite.com
Subject: 29 Ocean LLC/ Richardson Associates inc (Comfort Inn) response
Dear Faith: I will be out of the country from March 02 06 until March 27 06 I am the secretary of Richardson
Associates, inc, the owner of the Comfort Inn located at 2800 Pacific Ave which is immediately adjacent and
south of the project being developed by Mark and Lance Goldner et al . We are in support of the project and
feel that its addition will be an enhancement to what currently occupies the site. However we respectfully
request that this project be aesthetically screened from our property. Our hotel is seven stories and the
proposed project is six stories .We believe that screening consistent with what was used for the convention
center abutting I 264 east bound is appropriate for this project. The project is only set back 20 feet from the
property line and to ensure that our guests are not adversely impacted we propose the following solution: that
the property be landscaped with ten to twelve foot loblolly pines 10 feet on center with three to four foot wax
myrtles 3 feet on center along the entire south property line of 29 ocean adjacent to the Comfort Inn ( our
north property line) . We feel that this proposal will benefit not only our property but furthermore will enhance
the project being developed. Please enter our comments for the record and please distribute to all of the
Planning Commissioners . If you need to reach me i can be reached at 757 428 3970 or hrdive@aol.eom
Thank you. Sincerely Henry Richardson
=
Mar 08 06 09:39a
p.2
March 8, 2006
Planning.Commission and City Council Members
Virginia Beach, VA
Re: 29 Ocean LLC (aka Cherry Motel property)
Ladies and Gentlemen:
I ask that you support the proposed multifamily condo development on 29th Street. This
development, constructed of quality building materials with disguised/secured ample
parking, a variety of exterior designs and roof lines, staggered set-backs with landscaping
along 29th Street, and window treatments of trim, shutters and awnings, will have a
positive impact on the surrounding Old Beach neighborhood.
=
In addition, the developers have agreed that they will not participate in the Residential
Permit Parking Program.
I compliment the developers of this property for their commitment to building a quality
project.
Very truly yours,
~::~~(~
President
Resort Beach Civic League
318 24th Street
Va. Beach, VA 23451
428-8052
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6436
DATE: April 11 ,2006
FROM:
Leslie L. Lilley ~....
~\)J
B. Kay Wilso~'-
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application; 29 Ocean, L.L.C.
The above-referenced conditional zoning application is scheduled to be heard by
the City Council on April 25, 2006. I have reviewed the subject proffer agreement, dated
January 30, 2006, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW /sj
Enclosure
/cc: Kathleen Hassen
29 OCEAN, L.L.C., a Virginia limited liability company
ATLANTIC ENTERPRISES, INC., a Virginia corporation
CHERRY MOTEL, INC., a Virginia corporation
MARK GOLDNER
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 30th day of January, 2006, by and between
29 OCEAN, L.L.C., a Virginia limited liability company, Grantor, party of the frrst
part; ATLANTIC ENTERPRISES, INC., a Virginia corporation, Grantor, party of the
second part; CHERRY MOTEL, INC., a Virginia corporation, Grantor, party of the
third part; MARK GOLDNER, Grantor, party of the fourth part; and THE CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee, party of the fIfth part.
WITNESSETH:
WHEREAS, the party of the second part is the owner of two (2) parcels of
property located in the Beach District of the City of Virginia Beach, containing a
total of approximately 15,000 square feet as more particularly described as Parcels
1 and 2 in Exhibit "A" attached hereto and incorporated herein by this reference,
which parcels, along with the other parcels referenced herein and described in
Exhibit "A" are herein referred to as the "Property"; and
PREPARED BY:
GPIN: 2428-01-2275
2428-01-2223
2428-01-1272
2428-01-1221
2428-01-1420
2428-01-0379
2428-01-0308
2428-01-0308
2428-01-1472
11m SYl{~S. ROURDON.
.. AIImN & lIVY. P.C
PREPARED BY:
-.0 SY~IS. ROURDON.
m AHERN & llVY. P.c.
WHEREAS, the party of the third part is the owner of SIX (6) parcels of
property located in the Beach District of the City of Virginia Beach, containing a total
of approximately 43,000 square feet as more particularly described as Parcels 3, 4, 5,
6, 7 and 8 in Exhibit "A" attached hereto and incorporated herein by this reference,
which parcels, along with the other parcels referenced herein and described in
Exhibit "A" are herein referred to as the "Property"; and
WHEREAS, the party of the fourth part is the owner of one (1) parcel of
property located in the Beach District of the City of Virginia Beach, containing a
total of approximately 7,000 square feet as more particularly described as Parcel 9
in Exhibit "A" attached hereto and incorporated herein by this reference, which
parcel, along with the other parcels referenced herein and described in Exhibit "A"
are herein referred to as the "Property"; and
WHEREAS, the party of the first part, as contract purchaser of the Property,
has initiated a conditional amendment to the Zoning Map of the City of Virginia
Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning
Classification of the Property from A-36, A-12 and RT-3, Apartment and Resort
Tourist Districts to Conditional RT-3 Resort Tourist District (LRG); 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 Grantors acknowledge that the competing and sometimes
incompatible development of various types of uses conflict and that in 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 Grantors' proposed
rezoning, certain reasonable conditions goveming the use of the Property for the
protection of the community that are not generally applicable to land similarly
zoned are needed to resolve the situation to which the Grantors' rezomng
application gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map with respect to the Property, the following
reasonable conditions related to the physical development, operation, and use of
2
PREPARED BY:
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, their successors, personal
representatives, assigns, grantees, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the Grantee or its
goveming body and without any element of compulsion or quid pro qUO for zoning,
rezoning, site plan, building permit, or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govem
the physical development, operation, and use of the Property and hereby covenant
and agree that this declaration shall constitute covenants running with the
Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through the Grantors, their successors, personal
representatives, assigns, grantees, and other successors in interest or title:
1. When the Property is developed, it shall be developed substantially as
shown on the exhibits entitled "PROPOSED OCEANS 29 CONDOMINIUMS
Architectural Site Plans", PROPOSED OCEANS 29 CONDOMINIUMS - NORTH
BUILDING PLANS", and "PROPOSED OCEANS 29 CONDOMINIUMS - SOUTH
BUILDING PLANS", dated 01-27-2006, prepared by Hanson & Associates, P.C.,
which have been exhibited to the Virginia Beach City Council and are on fi.le with
the Virginia Beach Department of Planning (hereinafter referred to as "Concept
Plans") .
2. When the residential buildings designated Oceans 29-NORTH and
SOUTH on the Concept Plan are developed, the exterior of the buildings shall be
substantially similar in architectural features, details and appearance to the
exhibits entitled, "OCEANS 29 RENDERING", "PROPOSED OCEANS 29
CONDOMINIUMS - ELEVATIONS SOUTH BUILDING" and "PROPOSED OCEANS
29 CONDOMINIUMS - ELEVATIONS NORTH BUILDING", dated 01-27-2006,
prepared by Hanson Associates, P.C., Architects Engineers, which have been
exhibited to the Virginia Beach City Council and are on file with the Virginia Beach
Department of Planning (hereinafter "29 Ocean Elevations").
nil SYHS. ROURDON.
III AIIillN & UVY. P.c.
3
3. Further conditions may be required by the Grantee during detailed
Site Plan and/ or Subdivision review and administration of applicable City Codes
by all cognizant City agencies and departments to meet all applicable City Code
requirements.
All references hereinabove to the RT -3 and the Laskin Road Gateway
Overlay (LRG) District and to the requirements 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 conditions, having been proffered by the Grantors and allowed
and accepted by the Grantee as part of the amendment to the Zoning Ordinance,
shall continue in full force and effect until a subsequent amendment changes the
zoning of the Property and specifically repeals such conditions. Such conditions
shall continue despite a subsequent amendment to the Zoning Ordinance even if
the subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the Grantee in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by
the governing body of the Grantee, after a public hearing before the Grantee which
was advertised pursuant to the provisions of Section 15.2-2204 of the Code of
Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent, and if not so
recorded, said instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoni~g Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the governing body of the City
PREPARED BY: of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
IIBSYl([s. BOlURDON. restrictions, including the authority (a) to order, in writing, that any
.. AIIrnN & M. P.c.
noncompliance with such conditions be remedied, and (b) to bring legal action or
4
PREPARED BY:
11m SYKIS. ROURDON.
1\11 AHillN & UVY. P.c.
suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute
cause to deny the issuance of any of the required building or occupancy permits as
may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantors shall petition the governing body for
the review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and
the Grantee.
5
PREPARED BY:
lIB sms. (lOURDON.
m AIIrnN & LM. P.C
WITNESS the following signature and seal:
Grantor:
29 Ocean, L.L.C.,
a Virginia limited liability company
By: Atlantic Enterprises, Inc., a Virginia
corporation, Member
By:
-~
Andrew W. Vakos, President
----"'
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ~ day of
January, 2006, by Andrew W. Vakos, President of Atlantic Enterprises, Inc., a
Virginia corporation, Member of 29 Ocean, L.L.C., a Virginia limited liability
company, Grantor.
1
Zfh/i
,
/~(~~/'-
Notaiy Public
My Commission Expires: "" ~/~/ It-: f'
6
PREPARED BY:
11m Syn:s. DOURDON.
.. AIlrnN & llVY. P.c.
WITNESS the following signature and seal:
Grantor:
29 Ocean, L.L.C., a Virginia limited liability
company
By: Cherry Motel, Inc., a Virginia corporation,
Member
BY:'-Z~ ~?:.~
Lance Goldner, President
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 31st day of
January, 2006, by Lance Goldner, President of Cherry Motel, Inc., a Virginia
corporation, Member of 29 Ocean, L.L.C., a Virginia limited liability company,
Grantor.
__Aft ~ ~/( Yllt(!&fKe
Notary Public
My Commission Expires: August 31, 2006
7
PREPARED BY:
11m SYlC[S. !JOURDON.
mAmRN&LM,p.C
WITNESS the following signature and seal:
Grantor:
29 Ocean, L.L.C., a Virginia limited liability
company
By:
~~~
.. /-'"'..?--e-
Mark Goldner, Member
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this j1st day of
January, 2006, by Mark Goldner, Member of 29 Ocean L.L.C., a Virginia limited
liability company, Grantor.
A 4i if . i '
/' /}.11. ':' . : In.') (I [-&1/<--e
Notary Public
My Commission Expires: August 31, 2006
8
PREPARED BY:
lIB SYKiS. BOURDON.
m AHrnN & 1M. P.c.
WITNESS the following signature and seal:
Atlantic Enterprises, Inc.,
a Virginia corporation
~
Grantor:
By:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
(SEAL)
Andrew W. Vakos, President
The foregoing instrument was acknowledged before me this 31st day of
January, 2006, by Andrew W. Vakos, President of Atlantic Enterprises, Inc., a
Virginia corporation, Grantor.
/j/l;; IL/i~ 1'-'
Notary Public
My Commission Expires:
~/3;Jft
9
PREPARED BY:
BB sms. ROURDON.
m AlIrnN & 1M, P.c.
WITNESS the following signature and seal:
Grantor:
Cherry Motel, Inc., a Virginia corporation
By: 2~ ~~
Lance Goldner, President
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 31st day of
January, 2006, by Lance Goldner, President of Cherry Motel, Inc., a Virginia
corporation, Grantor.
~AJ~:id. .k/l Yr7(~ /~(Ii.Yf?
Notary Public
My Commission Expires: August ::51, 2006
10
PREPARED BY:
.u SYIU:S. ROURDON.
m Am:RN & llVY. P.c.
WITNESS the following signature and seal:
Grantor:
BY:~~~
Mark Goldner
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 31st day of
January, 2006, by Mark Goldner, Grantor.
~Y1'i, LlYyJ~&rkPp
./ Notary Public
My Commission Expires: August 31, 2006
11
PREPARED BY:
11m sYns. ROURDON.
m AlImN & 1M. P.c.
EXHIBIT" A"
Parcel 1:
All that certain 10t, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 6,
in Block 2, as depicted on the plat of Central Park, Inc., recorded in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at
Page 10, reference being made to said plat for a more particular description of said
property .
GPIN: 2428-01-2275
Parcel 2:
All that certain 10t, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 8,
in Block 2, as depicted on the plat of Central Park, Inc., recorded in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at
Page 10, reference being made to said plat for a more particular description of said
property.
GPIN: 2428-01-2223
Parcel3:
All that certain 10t, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 10
and 10' of Alley, in Block 2, as depicted on the plat of Central Park, Inc., recorded in
the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in
Map Book 8, at Page 10, reference being made to said plat for a more particular
description of said property.
GPIN: 2428-01-1272
12
. Parcel 4:
I All that certain lot, piece or parcel of land situate, lying and being in the Beach
I District of the City of Virginia Beach, Virginia, being known and designated as Lot 12
and 10 of Alley, in Block 2, as depicted on the plat of Central Park, Inc., recorded in
the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in
Map Book 8, at Page 10, reference being made to said plat for a more particular
description of said property.
GPIN: 2428-01-1221
Parcel 5:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 5,
in Block 3, as depicted on the plat of Central Park, Inc., recorded in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at
Page 10, reference being made to said plat for a more particular description of said
property .
GPIN: 2428-01-1420
Parcel 6:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 6
(49.6 Ft.), in Block 3, as depicted on the plat of Central Park, Inc., recorded in the
Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 8, at Page 10, reference being made to said plat for a more particular
description of said property.
GPIN: 2428-01-0379
Parcel 7:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 7
and westem 4' of Lot 6, in Block 3, as depicted on the plat of Central Park, Inc.,
recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 8, at Page 10, reference being made to said plat for a more
particular description of said property.
PREPARED BY:
IISYKIS. ROURDON. GPIN: 2428-01-0308
AlIrnN & lIVY. P.c.
13
PREPARED BY:
1mB SYJ(IS. ROURDON.
mAHJ;:RN & LM. P.c.
Parcel 8:
All that certain 10t, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 8,
in Block 3, as depicted on the plat of Central Park, Inc., recorded in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at
Page 10, reference being made to said plat for a more particular description of said
property.
GPIN: 2428-01-0308
Parcel 9:
All that certain lot, piece or parcel of land situate, lying and being in the Beach
District of the City of Virginia Beach, Virginia, being known and designated as Lot 4,
in Block 3, as depicted on the plat of Central Park, Inc., recorded in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 8, at
Page 10, reference being made to said plat for a more particular description of said
property.
GPIN: 2428-01-1472
ConditionroRezone/290cean/Proffer5
Rev.l/31/06
14
M. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MEAL TAX TASKFORCE
MINORITY BUSINESS COUNCIL
OCEANA LAND USE CONFORMITY COMMITTEE
PARKS AND RECREATION COMMISSION
SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA
SPORTS AUTHORITY OF HAMPTON ROADS
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 I
M B L
4/11/06 C E S L
DATE: D C M R C A W
PAGE: I I D J L A N R H N I
E Y 0 A D D E M U L W
AGENDA Z N N D 0 E I E S 0
ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0
L R S N X F E T A N 0
D
I BUDGET WORKSHOP:
A 2006-2007 RESOURCE MANAGEMENT Catheryn
PLAN OVERVIEW Whitesell,
Director,
Management
Services
B COMPENSA nON Fagan
Stackhouse,
Director, Human
Resources
IVIII/IV I CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
VIE
FIG MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
INFORMALfFORMAL SESSIONS 4/4/06
H PUBLIC HEARINGS
LEASE OF CITY PROPERTY
1. Dolphin Run Condo Assoc NO SPEAKERS
2. deWitt Cottage NO SPEAKERS
I/J/I Resolution re INCREASING net worth REFERRED TO 6-5 N Y Y Y N Y N N N Y Y
limitations re Tax Exemption Program for TAX
ASSESSMENT
Elderly TASK FORCE
FOR
RECOMMENDA
TION TO CITY
COUNCIL BY
MAY 1,2006
2 Resolution to GRANT third extension to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Formal Renewal Proposal re Franchise with CONSENT
Cox Communications of Hampton Roads,
LLC
3 Resolution to ESTABLISH a Tax Deferral ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Task Force CONSENT
4 Resolution to APPOINT Alexander W. Stiles ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Associate City Attorney, effective April 17, CONSENT
2006
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCll ACnONS
V
0 I
M B L
DATE: 4111/06 C E S L
D C M R C A W
PAGE: 2 I D J L A N R H N I
E Y 0 A D D E M U L W
AGENDA Z N N D 0 E I E S
ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0 0
L R S N X F E T A N 0
D
Kll/a Ordinances to AUTHORIZE temporary DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
encroachments into City property: INDEFINTEL Y.
BY CONSENT
JAMES A.lJEAN W. ALEXANDER re
fence/wooden walkway/deck at 2411 Ketch
Court (DISTRICT 6 - BEACH) (Deferred
April 4, 2006)
lib VINCENT J/SUSAN T. MASTRACCO re DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
masonry wall/concrete generator pad! INDEFINTEL Y,
generator at 8404B Ocean Front Avenue BY CONSENT
(DISTRICT 6 -BEACH)
2/a Ordinances to AUTHORIZE leases of City-
owned property:
BACK BA Y WILDFOWL GUILD re ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
deWitt Cottage at 1113 Atlantic Avenue CONSENT
2ib DOLPHIN RUN CONDOMINIUM ADOPTED. BY 10-0 Y Y Y A Y Y Y Y Y Y Y
ASSOC for overtJow parking at 3'd CONSENT B
Street/Atlantic Avenue S
T
A
I
N
E
D
3 Ordinance to GRANT franchise for Open Air ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Cafe in Resort Area to Giovanni's, CONSENT
Inc./RENEW franchises for Cabana
Cafe/Yacht Club Cafe/18'b Street Cafe
UI RADHAKRISHNA DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y
RENUKUNT AlKA VITHI VURIMINDI APRIL 24, 2006
CoZfrom AG-l to Conditional R-IO at
Chestnut Oak Way (DISTRICT 7 -
PRINCESS ANNE)
2 CELEB 11M. SELIM OZIC COZ from AG-2 APPROVED AS 6-5 Y N Y N Y N Y N N Y Y
to .Conditional R-7.5 at 1247 Culver Lane PROFFERED,
(DISTRICT 7 - PRINCESS ANNE) NOTING
COMPLA TIBLE
FINDINGS IN
COMPLIANCE
WITH THE NEW
ZONING
, ORDINANCE
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCU ACnONS
V
0 I
M B L
DATE: 4111/06 C E S L
D C M R C A W
PAGE: 3 I D J L A N R H N I
E Y 0 A D D E M U L W
AGENDA Z N N D 0 E I E S 0
ITEM # SUBJECT MOTION VOTE E E E A 0 R V D V 0
L R S N X F E T A N 0
D
3 KINGDOM BUILDING WORSHIP CUP APPROVED, 11-0 Y Y Y Y Iy Y Y Y Y Y Y
re a church at 928 Commonwealth Place CONDITIONED,
(DISTRICT 1 - CENTERVILLE) BY CONSENT
4 CITY to AMEND g502 of Zoning Ordinance ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
re front yard setbacks for lots fronting on east CONSENT
side of Sandfiddler Road.
L APPOINTMENTS RESCHEDULED B Y C 0 N S E N S U S
BEACHES and WATER WAYS
COMMISSION
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHW ADVISORY
COMMmEE - PPEA
MEAL TAX TASK FORCE
OCEANA LAND USE CONFORMITY
COMMmEE
SOUTHEASTERN PUBLIC SERVICE
A'UTHORITY - SPSA
MINtO ADJOURNMENT 7:23 PM