OCTOBER 10, 2006 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MA YOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
WILLIAM R. DeSTEPH. At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER" Centerville - District I
BARBARA M. HENLEY, Princess Anne - District 7
REBA S. McCLANAN. Rose Hall - District 3
JOHN E. UHRIN, Beach - District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES SMITH, MMC
10 OCTOBER 2006
1.
CITY MANAGER'S BRIEFINGS
Conference Room -
3:00 PM
A. ATTORNEY GENERAL'S GANG REDUCTION INTERVENTION (GRIP)
Deputy Police Chief James Cervera
Robert Kipper, Director, GRIP [Richmond Program]
B. ENERGY AND FUEL as BUDGET DRIVERS
Charlie Meyer, Chief Operating Officer
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA
IV. INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Stanley Sawyer, D.D.
Pastor, All Saints Episcopal Church
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
October 3,2006
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. RESOLUTION/ORDINANCES
1. Resolution re issuance by the Virginia Beach Development Authority (VBDA) ofIndustrial
Revenue Bonds in the amount of $9,100,000 for London Bridge Holding, LLC, re
acquisition of property, construction, improvements and equipment at London Bridge Road
and Precision Drive [DISTRICT 6 - BEACH]
2. Ordinances to AUTHORIZE temporary encroachments into City property:
a. DEREK E. and AL WYNE J. RICHARDSON, to construct and maintain a pier, and an
existing block bulkhead into Lake Joyce at 4513 Powells Point Road [DISTRICT 4-
BAYSIDE]
b. BIRDNECK POINT COMMUNITY LEAGUE, INC., to construct and maintain
neighborhood identification signs, decorative masonry, iron fence, brick columns,
concrete pavers and borders, brick pavers and borders, flag pole, landscaping, and a
lighting and irrigation system at Cardinal and Laskin Roads [DISTRICT 5-
L YNNHA VEN]
c. DUNES INVESTMENT ASSOCIATES, LLC, to construct and maintain paver
walkways, landscaping, irrigation system, lighting and associated electrical conduits on
the Boardwalk at 10th Street and Atlantic Boulevard [DISTRICT 6 - BEACH]
3. Ordinance to ACCEPT and APPROPRIATE a Grant of $197,446 from the United
States Department of Justice to the Police Department's FY 2006-2007 Operating Budget
re the purchase of voice software licensing, audio/visual equipment and a mass storage
device for interview archiving re Community Oriented Policing Services [COPS]
J. PLANNING
1. Application of DR. ALAN MAHANES for a Change of Zoning District Classification from
AG-2 Agricultural District to Conditional 0-1 Office District with Historical and Cultural
Overlay at 2513 North Landing Road re a dental office and additional space for lease.
(DISTRICT 7 - PRINCESS ANNE)
DEFERRED
RECOMMENDATION
September 12, 2006 and September 26, 2006
APPROVAL
2. Application of LAGO MAR ASSOCIATES, L.L.C. for a Change of Zoning District
Classification from B-1 Neighborhood Business District to Conditional R-15 Residential
District at 801 Artesia Way to develop single-family dwellings.
(DISTRICT 7 - PRINCESS ANNE)
DEFERRED
RECOMMENDATION
September 26, 2006
APPROV AL
3. Applications of SALEM ROAD ASSOCIATES (formerly VA-CAR DEVELOPMENT,
L.L.C.), at Salem and North Landstown Roads: (PRINCESS ANNE - DISTRICT 7)
a. Variance to ~ 4.4(b) that requires all newly created lots meet all the requirements of
the City Zoning Ordinance (CZO) and to subdivide the property into twenty-eight
(28) single-family lots with wooded open space
b. Chanf!e of Zoninf! District Classification from AG-1 and AG-2 Agricultural to
Conditional R-10 Residential
DEFERRED INDEFINITELY March 23, 2004
STAFF RECOMMENDATION DENIAL
(Application does not comply with Comprehensive Plan dwelling unit density in the ITA)
4. Application of LONDON BRIDGE SELF STORAGE, L.L.C. for Modification of Proffer
No.3 re changes to the fayade materials at 2120 London Bridge Road (Conditional Change of
Zoning approved by City Council on February 22, 2005) (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION
APPRO V AL
5. Application of T-MOBILE NORTHEAST, L.L.C. for a Conditional Use Permit re a
communication tower with a shopping center at 5193 Shore Drive. (DISTRICT 4 - BA YSIDE)
RECOMMENDATION
APPROVAL
6. Application of7-ELEVEN, INC. for a Conditional Use Permit re fuel sales in conjunction with
a renovated convenience store at 2105 Salem Road. near Elbow Road
(DISTRICT 1 - CENTERVILLE)
RECOMMENDATION
APPROVAL
7. Application of TOWN CENTER ASSOCIATES 6, L.L.C. for a Conditional Use Permit re
10ft-style multi-family dwellings on Block 6 at Market and Bank Streets. (DISTRICT 5 -
L YNNHA VEN)
RECOMMENDATION
APPROVAL
8. Application of REV. JAMES C. GRIFFIN, ST. MARK CATHOLIC CHURCH, for a
Conditional Use Permit re construction of a columbarium at 1505 Kempsville Road.
(DISTRICT 1 - CENTERVILLE)
RECOMMENDATION
APPROVAL
9. Application of the CITY OF VIRGINIA BEACH PARKS AND RECREATION for a
Conditional Use Permit re replacement of a light pole with a monopole to provide light for
adjoining athletic fields and wireless communication equipment at First Colonial Road
and Collection Creek Way. (DISTRICT 5 - L YNNHA VEN)
RECOMMENDATION
APPROVAL
10. Ordinance to AMEND ~~lll, 233.1, 701, 901, 1001, 1501, 1511 and 1521 ofthe City Zoning
Ordinance [CZO] to DEFINE the terms "Alcoholic Beverage" and "Bar" or "Nightclub";
REQUIRE Conditional Use Permits for same and ESTABLISH other regulations in the H-l,
B-1, B-2, B-3, B-3A, B-4, B-4C, B-4K, I-1, I-2, RT-1, RT-2 and RT-3 Zoning Districts
RECOMMENDATION
APPROVAL
11. Ordinance to AMEND the Comprehensive Plan by DELETING references to the establishment
of a Redevelopment and Housing Authority and to "redevelopment" in general (referred to the
Planning Commission by the City Council on June 27,2006).
RECOMMENDATION
APPRO V AL
K. APPOINTMENTS
BEACHES AND WATERWAYS COMMISSION
BUILDING CODE OF APPEALS - New Construction
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. 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
***********
Agenda 09/29/2006mb'stlsb
www.vbgov.com
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
10 October 2006
Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re ENERGY and FUEL AS
BUDGET DRIVERS in the City Council Conference Room, City Hall, on Tuesday, October 10, 2006,
at 3:00 PM
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Absent:
None
October 10, 2006
- 2 -
C IT Y MANA G E R 'S B R IE FIN G
ATTORNEY GENERAL'S GANG REDUCTION INTERVENTION (GRIP)
3:00 P.M.
ITEM # 55662
Mayor Oberndorf advised Robert Kipper, Director, Attorney General's Reduction Intervention Program
(GRIP) could not attend the City Council Session of October Tenth and present his report due to a
summons for a SPECIAL MEETING at the White House re the atrocities occurring with children in
schools. Safety factors will be reviewed. This item will be RESCHEDULED and the City Manager's
Briefing Session commenced at 3:00 P.M
October 10, 2006
- 3 -
C IT Y MANA G E R 'S B R IE FIN G
ENERGY AND FUEL AS BUDGETDRlVERS
3:00 P.M.
ITEM # 55663
The City Manager advised City Staff has been presenting information to City Council re the eight (8)
Budget Drivers. The City Manager introduced Charlie Meyer, Chief Operating Officer, to provide data re
Energy and Fuel as Budget Drivers. Mr. Meyer displayed the charts depicting the Operating Budget
"sliced" into its major components and City Operations encompassing $299.2-MILLION.
Tax Exempt Programs, 3
Contrib. HealthDept.& HRT,
3%
Professional Travel, 1
Telecommunications, 1"
Postal Services, 10/0
'vVatBf & Sewer Services, 9
Contractual Services, 34%
October 10,2006
- 4-
CITY MANA GER 'S BRIEFING
ENERGY AND FUEL AS BUDGET DRIVERS
ITEM # 55663 (Continued)
FUEL AS A BUDGET DRIVER
TRENDS
... Growth in cost has been from increased cost of oil
.,. Usage in total reflects little change
.... Oil prices have declined in recent weeks
.,. Use of alternative fuels
BACKGROUND AND TRENDS
.. Fuel- Gasoline and diesel fuel for fleet
... City currently utilizes small numbers of
... Compressed natural gas (5)
.. Hybrids (8)
.. Electric (1)
.... City fleet size
.,. 2001
+ 2006
3,735
3,789
October 10, 2006
- 5 -
CITY MANA GER 'S BRIEFING
ENERGYANDFUELASBUDGETDRIVERS
ITEM # 55663 (Continued)
One issue looming in the near future is the introduction of the ultra low sulfur fuel, which will result in
some possible problems due to conversion. Bio-diesel is an option re review of alternative fuels. From a
cost standpoint, bio-diesel is 9/1 Of; per gallon more than the diesel typically utilized. The City is in the
process of phasing in the hybrids.
ISSUES
... Un predictability of oil market
"'+ New fuels not necessarily proven or easily available
'+ Continuous review of operational practices
RESPONSE
... Automotive Services Customer Advisory Group reviews operational practices
.. Group to review utilization of vehicles
... Possible fuel savings
... Reduced replacement cost
.. Goals for usage - City/Departments
'* Purchasing hybrids; expect to expand in future; life cycle cost
'+ Follow experience of other cities in use of other fuels (eg biodiesel) for one year before
recommending actions
'+ Options for purchasing practices
'+ Fuel efficiency ratings
.. Crash impact studies
.., OPIS pricing for fuel
The Automotive Services Advisory Group, consisting of eight (8) of the major operating departments
with fleets along with Management Services, Purchasing, Occupational Health and Automotive Services,
serve as a Policy Board for fuel and motor vehicle fleets. Public Works was able to decrease its fuel
usage by almost 14%.
ENERGY AS A BUDGET DRIVER
THREE (3) MAJOR TYPES OF ENERGY USED
.. Excludes gasoline, other fuels
'+ Electricity
... Natural gas
... Heating oil
The City actually runs its own fueling operations encompassing multiple sites. The sites are secure and
supported by generators.
SCOPE
... Square footage of City buildings
... 1990 1,539,553
'* 2006 3,296,466
October 10,2006
- 6 -
CITY MANA GER 'S BRIEFING
ENERGY AND FUEL AS BUDGET DRIVERS
ITEM # 55663 (Continued)
Mr. Meyer referenced the slide depicting the age of buildings by the number of buildings. One hundred
thirty-four (134) buildings are thirty (30) or more years old. The newer buildings tend to be more energy
efficient than the older ones.
> 30 Yrs, 134
11-20 Yrs, 63
21-30 Yrs, 37
lID 0-10 Yrs .11-20 Yrs 021-30 Yrs 0> 30 Yrs I
As a result of electricity deregulation in July 2007, there will be approximately 16% increase in
electrici cost.
October 10, 2006
- 7 -
CITY MANA GER 'S BRIEFING
ENERGY AND FUEL AS BUDGET DRIVERS
ITEM # 55663 (Continued)
Relative this deregulation, and based on experience of Maryland, Delaware and Pennsylvania, the City
could be reviewing by 2011/2012 a 50% increase re cost of electricity.
Afavorable natural gas price has been locked in through June 30,2007 resulting in $106,000 in current
year savings and with little or no utilization of heating oil. The one qualifier is that the City is also linked
into a system in which the City can go offline for fuel i. e. the Northeast is having a very, very cold winter,
the City can be asked to go off of Natural Gas and switch to heating oil. As a result of this agreement, the
City would pay for heating oil at a lower natural gas price.
October 10, 2006
- 8 -
C IT Y MANA G E R'S B R IE FIN G
ENERGY AND FUEL AS BUDGET DRIVERS
ITEM # 55663 (Continued)
40
20
0
/ ,fJl' ~l' ,I~ ~i' -I"
Gallons 125 75 89 89 6 0
Cost $100 $42 $97 $100 $18 $0
ISSUES
. Many buildings not designed with energy efficiency as goal
. Many aging buildings
. Growth in City facility space
.. Volatile energy market
RESPONSE
.. Taking long-term, sustainable approach
. Looking closely at specifications for new buildings
. Energy audits
. Energy conservation team/seek input
.. Seek funds to implement audit recommendations
+ Promote energy awareness
.. Lock in natural gas prices
.. Standardize building temperatures/night set-back (55 degrees in winter, 78 degrees in summer)
.. Improve control systems
.. Ice storage/free cooling
.. Double glaze windows
.. Equipment efficiencies
Mr. Meyer advised the more recent growth of the Correction Center and Jail additions, the Juvenile
Detention Center and the 911 Building are substantial size buildings and all are 24-hour-a-day, 7-day-a-
week operations. The City does not have the option of rolling back the thermostats at night as in other
buildings.
Relative the street lights, Mr. Meyer advised, cost is contracted with Dominion Power, with the exception
of the center of the Resort Area (owned by the City).
October 10, 2006
- 9 -
C IT Y MANA G E R 'S B R IE FIN G
ENERGY AND FUEL AS BUDGET DRIVERS
ITEM # 55663 (Continued)
E. Dean Block, Director of Public Works, referenced lighting of arterial roads. Requests for additional
lights are received from citizens (particularly in older neighborhoods, built prior to the establishment of
standards). There is consistently a large backlog as the funding available is very small.
Councilman Diezel requested the cost benefit recovery between hybrids and conventional vehicles be
provided. Mr. Meyer advised as the Capital Costs are not so extraordinarily high, the Staff wishes to
shift over more into the life cycle costing as opposed to just the purchase price of the vehicle. Councilman
Diezel is very supportive of environmental impacts of the hybrids but at this particular point, budget
drivers are under discussion.
Councilman DeSteph referenced a cost benefit analysis of buying fuel oilfromfuture markets. Mr. Meyer
advised awareness of other municipalities who have purchased futures, but have not performed a cost
benefit analysis to compare current market versus futures.
Mr. Meyer will provide relative data.
.
October 10, 2006
- 10 -
CITY COUNCIL COMMENTS
3:46 P.M.
ITEM # 55664
Mayor Oberndorf was invited to attend a meeting of the Board of Directors of the Virginia Aquarium
Foundation and these men and women have been so incredibly committed to the Aquarium and are close
to their goal of $25-MILLION. Mayor Oberndorf requested the Pedestrian Crosswalk be included in the
Capital Improvement Program (CIP).
Mayor Oberndorf referenced the Fax received today, October 10, 2006, from Thomas E. Fraim, Sr. -
President - Virginia Aquarium Marine Science Center Foundation, expressing concern re the funding
from the City Council for the Pedestrian Crosswalk. In the past few days, the Foundation, through
conversations and transmissions, were lead to believe the funding for the Pedestrian Crosswalk could be
in jeopardy.
The City Manager advised last year in the Capital Improvement Program, there were initiatives for The
Aquarium Marine Science Center: Stranding Center, Animal Care Annex, the Exhibit Renovation and
the Pedestrian Crossover. Those projects have significantly increased in cost. Therefore, only two (2)
could be funded last year: the Stranding Center and Exhibit Renovation. The Pedestrian Crosswalk is
completely designed and ready for bid. Last year, funding was increased to the Virginia Aquarium
Marine Science Center by approximately $6-MILLION, by far the most significant increased cost.
Mayor Oberndorfreferenced the cost of$3.5-MILLION
Lynn Clements advised the Foundation is conducting a $25-MILLION Capital campaign. The
Foundation has a partnership with the City ($l1-MILLION), which encompasses the Pedestrian
Crosswalk. When the Pedestrian Crosswalk was not included in the top priorities of the Unfunded Capital
Improvement Program requests, the Foundation was concerned.
Vice Mayor Jones advised there was not a vote, Council Members forwarded lists of their priorities
concerning Unfunded Capital Improvement Program Requests. The commitment on the Pedestrian
Crosswalk has been made. This is listed in the FY 2007-2008 Capital Improvement Program.
Relative City Council's priorities re Unfunded Capital Improvement Program Requests, Councilman
Diezel requested the staff prepare an overview and cost to remedy areas with drainage problems which
are causing damages to houses (not flooded streets or yards) but physically damaging structures.
Council Lady Wilson referenced the very large funded items on this list as Parks and Recreation Center
encompassing $7-MILLION and Constitution Drive. Engineering would only entail $325,000 for
Constitution Drive. Council Lady Wilson requested a break-down of these expenditures and a review of
the City Council's top ten (10) goals to link with the City Council priority.
ITEM # 55665
For City Council's consideration and review, Councilman DeSteph distributed a DRAFT of the proposal
to form an Employee Benefit Review Task Force. Councilman DeSteph requested City Council provide
their comments within two (2) weeks. He will draft a Resolution for consideration during the October 24,
2006, City Council Session.
ITEM # 55666
Mayor Oberndorf referenced television spots continuously rerun accusing the Virginia Beach City
Council of telling a bar owner he must abide by certain rules concerning hair styles and dress of patrons.
An attorney was a part of the television spot accusing the City.
October 10, 2006
- 11 -
AGENDA RE VIE W SESION
4:12 P.M.
ITEM # 55667
1.1. Resolution re issuance by the Virginia Beach Development Authority (VBDA)
of Industrial Revenue Bonds in the amount of $9, 1 00, 000 for London Bridge
Holding, LLC, re acquisition of property, construction, improvements and
equipment at London Bridge Road and Precision Drive [DISTRICT 6 -
BEACH]
Council Lady McClanan requested a picture of the proposed building be presented.
ITEM # 55668
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
I. RESOLUTION/ORDINANCES
1. Resolution re issuance by the Virginia Beach Development Authority (VBDA)
of Industrial Revenue Bonds in the amount of $9, 1 00, 000 for London Bridge
Holding, LLC, re acquisition of property, construction, improvements and
equipment at London Bridge Road and Precision Drive [DISTRICT 6 -
BEACH]
2. Ordinances to A UTHORIZE temporary encroachments into City property:
a. DEREK E. and ALWYNE J. RICHARDSON, to construct and maintain a
pier, and an existing block bulkhead into Lake Joyce at 4513 Powells Point
Road [DISTRICT 4 - BAYSIDE]
b. BIRDNECK POINT COMMUNITY LEAGUE, INC., to construct and
maintain neighborhood identification signs, decorative masonry, iron fence,
brick columns, concrete pavers and borders, brick pavers and borders, flag
pole, landscaping, and a lighting and irrigation system at Cardinal and
Laskin Roads [DISTRICT 5 - LYNNHA VEN]
c. DUNES INVESTMENT ASSOCIATES, LLC, to construct and maintain paver
walkways, landscaping, irrigation system, lighting and associated electrical
conduits on the Boardwalk at 1 dh Street and Atlantic Boulevard
[DISTRICT 6 - BEACH]
3. Ordinance to ACCEPT and APPROPRIATE a Grant of $197,446 from the
United States Department of Justice to the Police Department's FY 2006-2007
Operating Budget re the purchase of voice software licensing, audio/visual
equipment and a mass storage device for interview archiving re Community
Oriented Policing Services [COPS]
October 10, 2006
- 12 -
AGE N DA REV IE W S E S S ION
ITEM # 55669
1. Application of DR. ALAN MAHANES for a Chanf.!e of Zoninf.! District
Classification from AG-2 Agricultural District to Conditional 0-1 Office
District with Historical and Cultural Overlay at 2513 North Landing Road re a
dental office and additional spacefor lease. (DISTRICT 7 - PRINCESS ANNE)
This application shall be discussed during the Formal Session
ITEM # 55670
Council Lady Henley advised the applicant has agreed not to let construction traffic go through Entrada.
The applicant needs to clarify and requests two (2) weeks DEFERRAL (October 24, 2006).
2. Application of LAGO MAR ASSOCIATES, L.L.C. for a Chanf.!e of Zoninf.!
District Classification from B-1 Neighborhood Business District to
Conditional R-15 Residential District at 801 Artesia Way to develop single-
family dwellings.
(DISTRICT 7 - PRINCESS ANNE
Unless there are speakers registered, this item shall be BY CONSENT.
ITEM # 55671
3. Applications of SALEM ROAD ASSOCIATES (formerly VA-CAR
DEVLOPMENT, L.L.C.), at Salem and North Landstown Roads:
(PRINCESS ANNE - DISTRICT 7)
a. Variance to 9 4.4(b) that requires all newly created lots meet all the
requirements of the City Zoning Ordinance (CZO) and to subdivide the
property into twenty-eight (28) single-family lots with wooded open
space
b. Chanf.!e of Zoninf.! District Classification from AG-I and AG-2
Agricultural to Conditional R-I 0 Residential
Council Lady Henley advised the applicant has requested DEFERRAL until the City Council Session of
October 24, 2006.
Councilman Villanueva requested the City Manager brief City Council re purchases of Interfacility
properties.
October 10, 2006
- 13 -
AGENDA RE VIE W SESSION
ITEM # 55672
City Attorney Leslie Lilley distributed a Resolution, which was referenced, but not included, within the
City Council's agenda: Resolution DIRECTING the Planning Commission study means of regulating
bars and nightclubs, TRANSMITTING to City Council recommended amendments no later than the
Planning Commission's November 8, 2006 Meeting, re:
10. Ordinance to AMEND ~~111, 233.1,701,901,1001,1501,1511 and 1521 of the
City Zoning Ordinance [CZO] to DEFINE the terms "Alcoholic Beverage" and
"Bar" or "Nightclub "; REQUIRE Conditional Use Permits for same and
ESTABLISH other regulations in the H-1, B-1, B-2, B-3, B-3A, B-4, B-4C,
B-4K, 1-1, 1-2, RT-1, RT-2 and RT-3 Zoning District
ITEM # 55673
Council Lady McClanan referenced correspondence of D.A. "AI" Ablowich concerning a proposed
amendment on Page 31 of the Comprehensive Plan. Mr. Ablowich will be in attendance and wishes to
speak re this item.
11. Ordinance to AMEND the Comprehensive Plan by DELETING references to
the establishment of a Redevelopment and Housing Authority
ITEM # 55674
BY CONSENSUS, thefollowing items shall compose the PLANNING BY CONSENT Agenda:
2. Application of LAGO MAR ASSOCIATES, L.L.C. for a ChanJ!e or ZoninJ!
District Classification from B-1 Neighborhood Business District to
Conditional R-15 Residential District at 801 Artesia Way to develop single-
family dwellings.
(DISTRICT 7 - PRINCESS ANNE)
3. Applications of SALEM ROAD ASSOCIATES (formerly VA-CAR ELOPMENT,
L.L.C.), at Salem and North Landstown Roads:
(PRINCESS ANNE - DISTRICT 7)
a. Variance to ~ 4.4(b) that requires all newly created lots meet all the
requirements of the City Zoning Ordinance (CZO) and to subdivide the
property into twenty-eight (28) single-family lots with wooded open
space
b. ChanJ!e or ZoninJ! District Classification from AG-1 and AG-2
Agricultural to Conditional R -10 Residential
5. Application ofT-MOBILE NORTHEAST, L.L.e. for a Conditional Use Permit
re a communication tower with a shopping center at 5193 Shore Drive.
(DISTRICT 4 - BAYSIDE)
7. Application of TOWN CENTER ASSOCIATES 6, L.L.c. for a Conditional Use
Permit re loft-style multi-family dwellings on Block 6 at Market and Bank
Streets.
(DISTRICT 5 - LYNNHA VEN)
October 10,2006
- 14-
AGE N DA REV IE W S E S ION
ITEM # 55674 (Continued)
8. Application of REV, JAMES C. GRIFFIN, ST. MARK CATHOLIC CHURCH,
for a Conditional Use Permit re construction of a columbarium at 1505
Kempsville Road.
(DISTRICT 1- CENTERVILLE)
9. Application of the CITY OF VIRGINIA BEACH PARKS AND RECREATION
for a Conditional Use Permit re replacement of a light pole with a monopole to
provide light for adjoining athletic fields and wireless communication equipment
at First Colonial Road and Collection Creek Way.
(DISTRICT 5 - LYNNHA VEN)
Resolution DIRECTING the Planning Commission study means of regulating bars
and nightclubs, TRANSMITTING to City Council recommended amendments no
later than the Planning Commission's November 8, 2006 Meeting re:
10. Ordinance to AMEND H111, 233.1,701,901,1001,1501,1511 and 1521 of the
City Zoning Ordinance [CZO] to DEFINE the terms "Alcoholic Beverage" and
"Bar" or "Nightclub"; REQUIRE Conditional Use Permits for same and
ESTABLISH other regulations in the H-1, B-1, B-2, B-3, B-3A, B-4, B-4C,
B-4K, 1-1, 1-2, RT-1, RT-2 and RT-3 Zoning District.
J 2 and J3 shall be DEFERRED, BY CONSENT, until the City Council Session of October 24,2006.
Council Lady McClanan will vote a Verbal Nay on Item J 7 (Town Center) and J9 (Parks and Recreation
CUP)
Vice Mayor Jones DISCLOSED re Item J 8 Reverend James C. Griffin, St. Mark Catholic Church's
application he owns property next door to the church. The City Attorney advised as this would not benefit
Vice Mayor Jones, he may participate without restriction to City Council's discussion and vote.
Item 10 shall be REFERRED BACK TO THE PLANNING COMMISSION.
October 10, 2006
- 15 -
ITEM # 55675
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended,for the following purpose:
PERSONNEL MATTERS: Discussion, consideration or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711 (A)(1)
Council Appointments: Boards, Commissions, Committees,
Authorities and Agencies
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution pursuant to Section 2.2-3711 (A)(3).
Acquisition/Disposition of Property: Lynnhaven House
Inter-Facility Traffic Area
LEGAL MATTERS: Consultation with legal counselor briefings by
staff members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requiring the provision of legal
advice by counsel pursuant to Section 2.2-3711 (A)(7).
Beach District - Title Issue
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed
into CLOSED SESSION (4:38 P.M.).
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
(Closed Session: 4:38 P.M. - 5:50 P.M.)
(Dinner: 5:50 P.M. -6:10 P.M.)
October 10, 2006
- 16 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
October 10, 2006
6:15 P.M.
Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 10, 2006, at 6: 15 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva,
James L. Wood and Rosemary Wilson
Council Members Absent:
None
INVOCATION: Reverend Stanley Sal1Yer, D.D.
Pastor, All Saints Episcopal Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is
not personally involved and of which she does not have personal knowledge. In order to ensure her
compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act,
it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of
identifYing any matters in which she might have an actual or potential conflict. If, during her review she
identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the
official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady
Wilson's letter of January 27, 2004, is hereby made a part of the record.
October 10, 2006
- 17 -
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 55676
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exemptfrom Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary
Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 2006
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM # 55675, Page 15, and in accordance with the provisions of The
Virginia Freedom of Information A~ and,
WHEREAS: Section 22-3712 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 RESOL VEl>. 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.
~~~--:::-
th Hodges mith, MMC
City Clerk
October 10, 2006
- 18 -
Item V-F.].
MINUTES
ITEM #55677
Upon motion by Councilman Dyer, seconded by Vice Mayor Jones, City Council APPROVED, AS
AMENDED the Minutes of the INFORMAL and FORMAL SESSIONS of October 3, 2006.
Page 4, Item # 55636 (SOUTHEASTERN PUBLIC SERVICE AUTHORITY UPDATE)
Michael Barrett, Voting Member - Southeastern Public Service Authority (SPSA) advised the other
cities are paying $57.00 per ton (tippingfees). The cost to Virginia Beach has been espped at $5().()() per
fett $53.20 weif!hted averaf!e and capped at $53.88.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Rosemary Wilson
Council Members Absent:
None
Council Lady Wilson ABSTAINED as she was out of the Country on afamily vacation and not in
attendance during the City Council of October 3, 2006,
October] 0, 2006
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
BY CONSENSUS, City Council ADOPTED:
- 19 -
ITEM #55678
AGENDA FOR THE FORMAL SESSION
October 10, 2006
- 20-
Item V.I.
RESOLUTION/ORDINANCES
ITEM #55679
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION Ordinances/Resolution 1, and 2a/ble and 3 of the CONSENT AGENDA
Voting: 11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 2006
- 21 -
Item V.I.I.
RESOLUTION/ORDINANCES
ITEM #55680
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution re issuance by the Virginia Beach Development Authority
(VEDA) of Industrial Revenue Bonds in the amount of $9,100,000 for
London Bridge Holding, LLC, re acquisition of property, construction,
improvements and equipment at London Bridge Road and Precision
Drive [DISTRICT 6 - BEACH]
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary
Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 2006
1
2
3
4
5
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS (LONDON
BRIDGE HOLDING, LLC PROJECT)
6
WHEREAS,
the City of Virginia Beach Development
7 Authority (the "Authority") has considered the application
8 of London Bridge Holding, LLC (the "Company") for the
9 issuance of the Authority's industrial development revenue
10 bonds in an amount not to exceed $ 9, 100,000 (the "Bonds")
11
to
assist
In
the
financing
of
(a)
the
Company's
12 acquisition, construction and equipping of a manufacturing
13 facility to be leased to London Bridge Trading Company,
14 LTD. for use in its business of manufacturing sewn nylon
15 equipment (all improvements and land being collectively
16 referred to as the "Facility") and has held a public
17 hearing thereon on August 15, 2006;
18
WHEREAS, the Authority has requested City Council (the
19 "Council") of Virginia Beach, Virginia (the "City") to
20 approve the issuance of the Bonds to comply with Section
21 147 (f) of the Internal Revenue Code of 1986, as amended;
22 and
23
WHEREAS,
pursuant to Section
15.2-4906,
Code of
24 Virginia, 1950, as amended, a copy of the Authority's
25 Resolution approving the issuance of the Bonds, subject to
26 terms to be agreed upon, and a reasonably detailed summary
27 of the comments expressed at the public hearing, if any,
28 have been filed with the Council of the City of Virginia
29 Beach, Virginia.
30 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
31 VIRGINIA BEACH, VIRGINIA:
32
1.
The Council of the City of Virginia Beach,
33 Virginia, approves the issuance of the Bonds by the City of
34 Virginia Beach Development Authority, in a principal amount
35
not
to
exceed
$9,100,000
to
finance
the
Company's
36 acquisition, construction and equipping of a manufacturing
37 facility to be leased to London Bridge Trading Company,
38 LTD. for use in its business of manufacturing sewn nylon
39 equipment to the extent required by Section 147 (f) of the
40 Internal Revenue Code.
41
42
2 .
The approval of the issuance of the Bonds, as
required
by
Section
147 (f)
does
not
constitute
an
43 endorsement of the Bonds or the creditworthiness of the
44 Company; but, pursuant to Chapter 643, Virginia Acts of
45 Assembly of 1964, as amended, the Bonds shall provide that
46 neither the City nor the Authority shall be obligated to
47 pay the Bonds or the interest thereon or other costs
48 incident thereto except from the revenues and moneys
49 pledged therefore, and neither the faith or credit nor the
50 taxing power of the Commonwealth, the City or the Authority
51 shall be pledged thereto.
52
3.
In approving the Resolution, the City of Virginia
53
Beach,
including its elected representatives,
officers,
54
employees and agents,
shall not be liable and hereby
55 disclaims all liability for any damages to any person,
56 direct or consequential, resulting from the Authority's
57 failure to issue Bonds for the Facility for any reason.
58
4 .
This Resolution shall take effect immediately
59 upon its adoption.
60 Adopted by the Council of the City of Virginia Beach,
61 Virginia, on the 10th day of October, 2006.
CA10013
V: \applications\citylawprod\cycom32\Wpdocs\D031 \POOl \ 000183 61. DOC
R-1
August 21, 2006
APPROVED AS TO LEGAL
~~
City Attorney
VIRGINIA
BEACH
Virginia Beach
Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website: www.vbgov.com
August 15,2006
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re: London Bridge Holding, LLC
Revenue Bonds
Dear Mayor Oberndorf and Members of City Council:
We submit the following in connection with the London Bridge Holding, LLC project (the
"Project") located at the northwestern intersection of London Bridge Road and Precision Drive in the
city of Virginia Beach, Virginia.
(1) Evidence of publication of the notice of hearing is attached as Exhibit A, and a
summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia
Beach Development Authority's (the "Authority") resolution recommending Council's approval is
attached as Exhibit C.
(2) The Disclosure Statement is attached as Exhibit D.
(3) The statement of the Authority's reasons for its approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the modification of the bonds
described above is attached as Exhibit E.
(4) The Fiscal Impact Statement is attached as Exhibit F.
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
August 15,2006
Page 2
(5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and identifying
the Project and the principals.
(6) Attached as Exhibit H is a letter from the appropriate City department commenting on the
Project.
Very truly yours,
~~l~\{~
Donald V. Jellig
Chair
DVJIAWSlmlg
Enclosures
V:\applicationslcitylawprodlcycom321 WpdocsID031 \poo I 1000 183 51.DOC
The Virginian-Pilot
--------------------------------------------------+------------------------
I
I
I
I
I
I
I
I
I
I
I
I
I
This day,Dreama Johnson personally appeared before I
me and after being duly sworn, made oath that: I
1) She is affidavit clerk of The Virginian-Pilot, I
a newspape:r- published by Landmark Communications I
Inc -, in the cities of Norfolk, Portsmouth, I
Chesapeake, Suffolk, and Virginia Beach, Common- I
wealth of Virginia and in the state of North I
Carolina 2)That the advertisement hereto annexed I
has been published in said newspaper on the date I
stated.
EXHIBIT A
THE VIRGINIAN-PILOT
NORFOLK, VIRGINIA
AFFIDAVIT OF PUBLICATION
WILLIAMS MULLEN, P.C.
222 CENTRAL PARK AVE., SUITE
VIRGINIA BEACH VA 23462
1700
REFERENCE: 39078411
15517786
1018618
NOTICE OF PUBLIC HEA
State of Virginia
City of Norfolk
l..
PUBLISHED ON: 08/01 08/08
TOTAL COST:
FILED ON:
Place your ad online at EZPilotClassified.com
NOTICE OF PUBLIC HEARING
ON PROPOSED INDUSTRIAL
DEVELOPMENT REVENUE BOND
FINANCING BY THE CITY OF
VIRGINIA BEACH DEVELOPMENT
AUTHORITY (LONDON BRIDGE
HOLDING, LLC PROJECT)
Notice is hereby given that the City of Virginia' Beach
Development Authority (the' "Authority") will hold a public
hearing on the Application of London Bridge Holding. LLC, a
Virginia limited liability company, 3509 Virginia Beach Boule-
vard, Virginia Beach, Virginia (the "Applicant") for the Author-
ity to .is~ue, purSuant to Chapter 643 of the Acts 9f Assem.
bly of 1964, as amended (the "Act"). up to $9,100.000 of
Its Industrlal'- Development Revenue Bonds to assist the
applicant in financing the acquisition, - construction and
equipping of an approximately 82.000 square foot manufac-
tu ring facility on a 9.296 acre parcel of land known as Parcel
3-A, GPIN 1496-88-7379, Parcel 3-8, GPIN 1496-98-1048.
and a portion of Parcel 3.C, GPIN 1496-98-1573, as shown
on Subdivision of Residual Area 3. Subdivision Plat of Lon-
don Bridge Industrial Park Phase IV located at the northwest-
ern ~~rner ?f t~ei~t~r~ection of London Bridge Road and
PreCIsIon Drive In VirginIa Beach, Virginia (the "Project") for
'lease to London Bridge Trading Company, Ltd. for Use in its
bUSIness of manufacturing sewn nylon equipment.
The public hearing which may be continued or
adjourned, will be held at 10 I)'clock. a.m. on Tue!!day,
August 15, 2006, before the. Authority, at the Authority's
off.ce at 222 Central Park Avenue, Suite 1000, Virginia
Beach, VIrginia 23462. As required by the Act, the Bonds
will not pledge as a faith in credit for th~ taxing power of the
Commonwealth of Virginia or any political subdivision thereof
including the Authority, but will be payable solely from rev:
enue derived from the Applicant and pledges therefore. Any
person interested in the issuance of the Bonds or the loca-
tion or purpose of the proposed Project may appear and be
heard. A copy of the Applicant's application is on file and is
open for inspection at the Authority's office at 222 Central
Park Avenue, Suite 1000, Virginia Beach, Virginia 23462.
durrng bUSIness hours.
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
VP August 1 & 8, 2006
15517786
and state on the day and year
3,;r9El .JaRu.aFY ~ 1, ~
EXHIBIT B
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
RECORD OF PUBLIC HEARING
(London Bridge Holding, LLC Project)
The Chairman of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing on the request of London Bridge Holding, LLC
(the "Borrower"), and that a notice of the hearing was published once a week for two consecutive
weeks in a newspaper having general circulation in Virginia Beach, Virginia. The Chairman
indicated that a copy of the notice and a certificate of publication of such notice have been filed with
the records of the Authority.
The following individuals appeared before the Authority:
William W. Harrison, Jr. of the law firm of Williams Mullen
Douglas McDougal, Member of London Bridge Holding LLC
Mr. Harrison gave a brief description ofthe Project (below defined). He explained that the
Borrower has applied to the Authority for up to $9,100,000 of its industrial development revenue
bonds to assist the Borrower for the purpose of financing the acquisition, construction and equipping
of an approximately 82,000 square foot manufacturing facility on a 9,296 acre parcel ofland located
at the northwestern intersection of London Bridge Road and Precision Drive in the City of Virginia
Beach, Virginia for lease to London Bridge Trading Company, LTD. for use in its business of
manufacturing sewn nylon equipment (the "Project").
Mr. Harrison and Mr. McDougal answered various questions of the members of the
Authority.
No other persons appeared to address the Authority, and the Chairman closed the public
hearing.
The Authority hereby recommends that the City Council of the City of Virginia Beach,
Virginia approve the issuance of the Authority's industrial development revenue bonds in a principal
amount not to exceed $9,100,000 and hereby transmits the Fiscal Impact Statement to the City
Council of the City of Virginia Beach and asks that this recommendation be received at its next
regular or special meeting at which this matter can be properly placed on the Council's agenda for
hearing.
~...l.- "~
Chairman' )Y
Dated: August 15,2006
#1029196 v.2
BI-47662.1
3/6/02
EXHIBIT C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
AMENDING RESOLUTION OF INTENT ADOPTED NOVEMBER 18, 2004,
AS AMENDED ON MAY 19, 2005, TO ISSUE BONDS FOR
LONDON BRIDGE HOLDING, LLC TO ACQUIRE, CONSTRUCT
AND EQUIP A MANUFACTURING FACILITY FOR LEASE
TO LONDON BRIDGE TRADING COMPANY, LTD.
WHEREAS, on November 18, 2004, the City of Virginia Beach Development Authority
(the "Authority") adopted a Resolution (the "Resolution of Intent") wherein it agreed to
cooperate with London Bridge Holding, LLC (the "Company") in the review and evaluation of
the Company's application to finance an approximately 51,000 square foot manufacturing facility
(the "Project"), located on property known as Parcel 3-B as shown on the Subdivision of
Residual Parcel 3, GPIN No. 1496-98-1048, containing 6.546 acres and located at the
northwestern intersection of London Bridge Road and Precision Drive in Virginia Beach,
Virginia for lease to London Bridge Trading Company, Ltd. for use in its business of
manufacturing sewn nylon equipment; and
WHEREAS, on May 19, 2005, the Authority adopted a Resolution amending the
Resolution of Intent (the "Amendatory Resolution") wherein it (a) agreed to cooperate with the
Company in regard to the Company's desire to increase the square footage of the Project to
82,000 square feet to accommodate the growth in the manufacturing business of London Bridge
Trading Company, Ltd., (b) approved the increase in the maximum principal amount of the
Industrial Development Revenue Bonds authorized pursuant to Section 4 of the Authority's
Resolution of Intent from $5,500,000 to $9,100,000 and (c) approved the increase in the amount
reasonably expected to be incurred by the Company prior to the issuance of the Bonds and to be
reimbursed by the Authority from the proceeds of the Bonds prior to the issuance of the Bonds
from $5,500,000 to $9,100,000; and
WHEREAS, the Amendatory Resolution required that the Bonds authorized under the
Resolution of Intent, as amended by the Amendatory Resolution, be issued within one (1) year of
the date of the Amendatory Resolution; and
WHEREAS, due to circumstances beyond the Company's control in connection with the
construction of the Project, completion of the Project has been delayed and the Company has
requested that the Authority extend the date by which the Bonds authorized under the
Amendatory Resolution must be issued to one (1) year from the date ofthis Resolution; and
WHEREAS, a public hearing has been held as required by Section l47(f) of the Internal
Revenue Code of 1986, as amended, and applicable provisions of the Code of Virginia of 1950,
as amended (the "Code").
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY THAT:
1. The foregoing recitals are approved by the Authority and are incorporated in, and
deemed a part of this Resolution.
2. Unless this Resolution is extended by the Authority, the Bonds authorized under the
Resolution of Intent, as amended by the Amendatory Resolution, and as further
amended by this Resolution, shall be issued within one (1) year of the date of this
Resolution or the Resolution of Intent, as amended by the Amendatory Resolution, and
as further amended by this Resolution shall become void and of no further force or
effect.
3. The Authority hereby recommends that the City Council of the City of Virginia Beach
approve the issuance of the Bonds in the principal amount of $9,100,000 and hereby
directs the Chairman or Vice-Chairman of the Authority to submit to the City Council
of the City of Virginia Beach a reasonably detailed summary of the comments, if any,
expressed at the public hearing, the fiscal impact statement required by Virginia law, a
copy of the Resolution of Intent, as amended by the Amendatory Resolution, and as
further amended by this Resolution.
4. All terms of the Resolution of Intent, as amended by the Amendatory Resolution, not
amended hereby, shall remain in full force and effect. This Resolution shall take effect
immediately upon its adoption.
ADOPTED: August 15,2006.
CITY OF VIRGINIA BEACH
DEVELOP! lENT AUTHORITY
By ~it~t~~y
C- ~ 0... '\ \'
2
EXHIBIT D
DISCLOSURE STATEMENT
Date: August 15, 2006
AP?li6ant:
LONDON BRIDGE HOLDIN"G, LLC
All Owners
(if different from Applicant):
None
Type of Application:
$9,100,000 Industrial Development Revenue Bonds to assist
Applicant in acquisition, construction and equipping of an
approximately 82,000 square foot manufacturing facility on a
. 9.296 acre parcel of land located at the northwestern
intersection of London Bridge Road and Precision Drive in the
City of Virginia B each, Virginia for lease to London Bridge-
Trading Company, LTD. for use in its business of
manufacturing sewn nylon equipment (the "Projecf').
1. The Applicant is a Virginia limi1;~d liability company.
-2. The Applicatit will be the .owner of)b.e Il:oject.
/:\:~:.,
3. London Bridge Trading Company, LID. is a Virginia colJJoration whose
sole. shareholders, Douglas McDougal and Linda McDougal, are the only members of London
Bridge Holding, LLC.
LONDON BRIDGE HOLDING, LLC.
By' ~ WlC:~
Douglas ougaJ., Authorized ember
#1029189 V2. Disc'~ute Statement - London Bridge (5/19/0S)
Exhibit E
VIRGINIA
BEACH
Department of
Economic Development
222 Central Park Avenue, Suite 1000
Virginia Beach. VA 23462
(757) 437-6464
FAX (757) 499-9894
Website: www.vbgov.com
E-mail: ecdev@vbgov.com
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
APPROVAL OF THE ISSUANCE BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY AMENDING RESOLUTION OF iNTENT, ADOPTED
NOVEMBER 18, 2004 AS AMENDED ON MAY 19, 2005, TO ISSUE BONDS FOR
LONDON BRIDGE HOLDING LLC TO ACQUIRE, CONSTRUCT AND
EQUIP AN APPROXIMATELY 51,000 SQUARE FOOT MANUFACTURING
FACILITY FOR LEASE TO LONDON BRIDGE TRADING COMPANY, LTD.
The Development Authority recommends approval of the above-referenced financing.
The benefits of the Project to the City include increased employment to 250 jobs (205 current,
estimated 45 more); additional local taxes to be paid in the amount of$80,000; service to local
military and law enforcement units; and growth of local business already located in the City of
Virginia Beach, Virginia.
Exhibit F
FISCAL IMPACT STATEMENT
DATE: August 15,2006
TO: CITY COUNCIL OF THE CITY OF VIRGINIA BEACH
APPLICANT: London Bridge Holding, LLC
TYPE OF FACILITY:
Manufacturing facility for sewn nylon equipment
1.
Maximum amount of financing sought:
2.
Estimated taxable value of the facility's real property
to be constructed in the municipality:
3.
Estimated real property tax per year
using present tax rates:
4.
Estimated personal property tax
per year using present tax rates:
5.
Estimated merchant's capital (business license)
tax per year using present tax rates:
6. (a) Estimated dollar value per year of goods that will be
purchased from Virginia companies within the locality:
(b) Estimated dollar value per year of good that will be
purchased from non-Virginia companies within the locality:
( c) Estimated dollar value per year of services that will be
purchased from Virginia companies within the locality:
(d) Estimated dollar value per year of services that will
purchased from non-Virginia companies within the locality:
7. Estimated number of regular Employees on year round basis:
8. Average annual salary per employee:
$9,100,000
$7,965,000
$ 80,000
$ 22,000
$ 7,000
$ 350,000
$ 0
$ 75,000
$ 0
250
$ 19,700
The information contained in this Statement is based solely on facts and estimates
provided by the Applicant, and the Authority has made no independent investigation with
respect thereto.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
By:
~'{,~V'~ /'
Chair ~
Exhibit G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: London Bridge Holding, LLC Project
2. LOCATION: Northwestern comer of intersection of London Bridge Road and
Precision Drive.
3. DESCRIPTION OF PROJECT: acquisition, construction and equipping of an
approximately 82,000 square foot split level building on a 9.296 acre parcel of
land located at northwestern corner ofintersection of London Bridge Road and
Precision Drive, Virginia Beach, Virginia for lease to London Bridge Trading
Company, LTD. for use in its business of manufacturing sewn nylon equipment.
4. AMOUNT OF BOND ISSUE: $9,100,000
5. PRINCIPALS:
Douglas McDougal
Linda McDougal
6. ZONING CLASSIFICATION:
a.
Present zoning classification
of the Property:
12
b.
Is rezoning proposed?
Yes
No x
c.
If so, to what zoning
classification?
NOTE:
PAPER.
THIS DOCUMENT MUST BE ON 8 -1/2 X 14 INCH PLAIN BOND
1123064 v.1
Exhibit H
VIRGINIA
BEi\CH
August 15, 2006
Virginia Beach
Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 437-6464
FAX (757) 499-9894
Website: www.vbgov.com
Mr. Donald V. Jellig
Chair
Virginia Beach Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, V A 23462
Re: London Bridge Holding LLC Bond Financing
Dear Don:
The Virginia Beach Development Authority, at its November 18, 2004 meeting, approved
the issuance of industrial revenue bonds in an amount not to exceed $5,500,000 for London
Bridge Holding LLC's 51,000 sq. ft. manufacturing facility for lease to London Bridge Trading
Company, LTD. At its May 19,2005 meeting, the Authority approved the amended resolution in
an amount not to exceed $9,100,000 to acquire, construct and equip an approximately 82,000 sq.
ft. manufacturing facility. Due to the provision requiring the bonds to be issued within one year
of the date of the adoption of the resolution, London Bridge Holding LLC is requesting an
extension so that the bonds may be issued on or before August 15,2007. The resulting public
benefits are as follows: (a) this is in the best interest of the public and will benefit the inhabitants
of the City through the promotion of their safety, health, welfare, convenience or prosperity, and
(b) the acquisition, constructing, and equipping of the Project for the Company in the City will
provide a public benefit to the City by, among other things, promoting industry, commerce and
developing trade.
It is the finding of the Department of Economic Development that the proposed extension
be approved.
I will be happy to answer any questions you may have at our meeting.
Sincerely,
~~w~
~
Mark R. Wawner
Project Development Coordinator
MRW:lls
- 22-
Item v'I.2.a.
RESOLUTION/ORDINANCES
ITEM #55681
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AUTHORIZE temporary encroachments into City
property:
a. DEREK E. and AL WYNE J. RICHARDSON, to construct and
maintain a pier, and an existing block bulkhead into Lake Joyce
at 4513 Powells Point Road [DISTRICT 4 - BAYSIDE:
The following conditions shall be required:
1. The temporary encroachment shall be constructed and maintained in accordance with the laws of
the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's
specifications and approval.
2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within
thirty (30) days after such notice is given, the temporary encroachment must be removed from the
encroachment area by the applicant and the applicant will bear all costs and expenses of such
removal.
3. The applicant shall indemnifY and hold harmless the City, its agents and employees from and against
all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location or existence of the temporary
encroachment.
4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and to the limited
extent specified herein, nor to permit the maintenance and construction of any encroachment by
anyone other than the applicant.
5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a
hazard.
6. The applicant must obtain a permit from the Planning Department prior to commencing any
construction.
7. The applicant shall obtain and keep in force all risk property insurance and general liability or such
insurance as is deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The applicant must also carry comprehensive
general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000),
combined single limits of such insurance policy or policies. The applicant must provide
endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or
termination of, or material change to, any of the insurance policies. The applicant assumes all
responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment.
October 10, 2006
- 23 -
Item v'I.2.a.
RESOLUTION/ORDINANCES
ITEM #55681 (Continued)
8. The City, upon revocation of such authority and permission so granted, may remove the temporary
encroachment and charge the cost thereof to the applicant and collect the cost in any manner
provided by law for the collection of local or state taxes; may require the applicant to remove such
temporary encroachment; and, pending such removal, the City may charge the applicant for the use
of such portion of the City's right-of-way encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the applicant; and if such removal shall
not be made within the time specified by the City, the City shall impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is
allowed to continue thereafter; and, shall collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary
Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 2006
1 Requested by Department of Public Works
2
3
4 AN ORDINANCE TO AUTHORIZE TEMPORARY
5 ENCROACHMENTS INTO A PORTION OF THE
6 CITY OWNED PROPERTY KNOWN AS LAKE
7 JOYCE AND A PORTION OF THE 20' STRIP
8 OF LAND OWNED BY THE CITY SURROUNDING
9 LAKE JOYCE, LOCATED AT THE REAR OF
10 4513 POWELLS POINT DRIVE BY DEREK E.
11 RICHARDSON AND ALWYNE J. RICHARDSON
12
13
14 WHEREAS, Derek E. Richardson and Alwyne J. Richardson
15
desire to construct and maintain an 18' X 27' pier and to
maintain an existing block bulkhead and pler in a portion of the
City owned property known as Lake Joyce and in a portion of the
20' strip of land owned by the City surrounding Lake Joyce,
located at the rear of 4513 Powells Point Drive.
16
17
18
19
20
WHEREAS, City Council is authorized pursuant to ~~ 15.2-
21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
22 authorize temporary encroachments in the City's property subject
23 to such terms and conditions as Council may prescribe.
24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
That pursuant to the authority and to the extent thereof
27 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950,
28 as amended, Derek E. Richardson and Alwyne J. Richardson, their
29 heirs, assigns and successors in title are authorized to
30 construct and maintain an 18' X 27' pier and maintain an
31 existing block bulkhead and pier into portions of the City's
32 property as shown on the map marked Exhibit "A" and entitled:
33
"PHYSICAL SURVEY OF LOT 27,
POWELLS POINT FOR DEREK E.
34 RICHARDSON AND ALWYNE J. RICHARDSON, VIRGINIA BEACH, VIRGINIA,"
35 a copy of which is on file in the Department of Public Works and
36 to which reference is made for a more particular description;
37 and
38
BE IT FURTHER ORDAINED, that the temporary encroachments
39 are expressly subject to those terms, conditions and criteria
40 contained in the Agreement between the City of Virginia Beach
41
and Derek E.
Richardson and Alwyne J.
Richardson
(the
42 "Agreement"), which 1S attached hereto and incorporated by
43 reference; and
44
45
BE IT FURTHER ORDAINED, that the City Manager or his
authorized designee
is
hereby authorized
to
execute
the
46 Agreement; and
47
BE IT FURTHER ORDAINED, that this Ordinance shall not be in
48 effect until such time as Derek E. Richardson and Alwyne J.
49 Richardson and the City Manager or his authorized designee
50 execute the Agreement.
51 Adopted by the Council of the City of Virginia Beach,
52
Virginia,
on
the
10th
day
of
October
2006.
CA-10103
X:\OID\REAL ESTATE\Encroachments\PWOrdinances\CA10103\Richardson.doc
V:\applications\citylawprod\cycom32\Wpdocs\D005\P001\OO019686.DOC
R-1
PREPARED: 9/14/06
APPROVED AS TO CONTENTS
~~ C. ~&..-
P / eal Estate
AP~ROVED AS TO LEGAL
~UI:ICJEN~. :3~ .FO~.,
I \ tlx. ~ lA r
CITY' ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDA nON TAXES
UNDER SECTION 58.I-8Il(e) (4)
THIS AGREEMENT, made this 17th day of July, 2006, by and between the
CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and
DEREK E. RICHARDSON and AL WYNE J. RICHARDSON, THEIR HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot 27, Powells Point as shown on that certain plat entitled:
"POWELLS POINT, PROPERTY OF EVELYN POWELL, SITUATE IN KEMPSVILLE
DISTRICT, PRINCESS ANNE COUNTY, VIRGINIA" and said plat is recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 29, at page 36,
and being further designated, known, and described as 4513 Powells Point Road, Virginia Beach,
Virginia 23455;
WHEREAS, it is proposed by the Grantee to construct and maintain an 18' x 27'
pIer, and to maintain an existing block bulkhead and pier, collectively "Temporary
Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of City property known as Lake Joyce and
into a portion of the 20' strip of land owned by the City surrounding Lake Joyce, "the
Encroachment Area"; and
GPINs:
1479-69-5625
1570-80-2438 (Lake Joyce)
No GPIN-20' Strip of Property Owned by the City of Virginia Beach
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee permission to use the Encroachment Area for the purpose of constructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as shown
on that certain plat entitled: "PHYSICAL SURVEY OF LOT 27,
POWELLS POINT FOR DEREK E. RICHARDSON AND
ALWYNE J. RICHARDSON, VIRGINIA BEACH, VIRGINIA,"
a copy of which is attached hereto as Exhibit "A" and to which
reference is made for a more particular description.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from the
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses
2
and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend
an action arising out ofthe location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Planning Department prior to commencing any construction within the
Encroachment Area.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named insured
or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
3
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of the
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Derek E. Richardson and Alwyne 1. Richardson, the
said Grantee, have caused this Agreement to be executed by their signature. Further, that the City
of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager! Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
4
~E.~
Derek E. Richardson
~&d6/1~
Alwyn . Ri ardson
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 200_, by
, CITY MANAGER! AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 200_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
5
STATE OF Q
CITYICOUNTY OF 1/ ~ vW; to-wit:
I}L..
The foregoing instrument was acknowledged before me this 1'1 day of
13~
, 2006, by Derek E. Richardson.
My Commission Expires: ~ 3. J ,::<00'1
STATE OF
CITY/COUNTY OF -J/ k~ ~to-wit:
~
1'7 day of
The foregoing instrument was acknowledged before me this
~ 2006, by Alwyne J. Richardson.
My Commission Expires: ~ 3.I,;).rw?
APPROVED AS TO CONTENTS
\d/ilMr' C. ~fv.- ~
~RE
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DEPARTMENT
APPROVED AS TO LEGAL
...SUFFICIENCY AND FORM
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ENCROACHMENT REQUEST FOR
DEREK E. RICHARDSON &ALWYNE J. RICHARDSON
GPIN 1479-69-5625
Feet \.i
I I
o 100 200 400
Prepared by P.W./Eng.lEng. Support Services Bureau 8/1/06
X:\Projects\ARC Files\Agenda Maps\Powells Point Dr
- 24-
Item v'I.2.b.
RESOLUTION/ORDINANCES
ITEM #55682
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AUTHORIZE temporary encroachments into City
property:
b. BIRDNECK POINT COMMUNITY LEAGUE, INC., to
construct and maintain neighborhood identification signs,
decorative masonry, iron fence, brick columns, concrete
pavers and borders, brick pavers and borders, flag pole,
landscaping, and a lighting and irrigation system at
Cardinal and Laskin Roads [DISTRICT 5 - LYNNHA VEN]
The following conditions shall be required:
1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the
Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's
specifications and approval.
2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within
thirty (30) days after such notice is given, the temporary encroachment must be removed from the
encroachment area by the applicant and the applicant will bear all costs and expenses of such
removal.
3. The applicant shall indemnify and hold harmless the City, its agents and employees from and against
all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location or existence of the temporary
encroachment.
4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and to the limited
extent specified herein, nor to permit the maintenance and construction of any encroachment by
anyone other than the applicant.
5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a
hazard.
6. The applicant must submit and have approved a traffic control plan before commencing work in the
encroachment area.
7. The applicant must obtain a permit from the Planning Department prior to commencing any
construction.
8. The applicant must post a bond or other security, in accordance with their engineer's cost estimate, to
the Office of Planning prior to issuance of a right-ofway permit.
October 10, 2006
- 25 -
Item v'I.2.b.
RESOLUTION/ORDINANCES
ITEM #55682 (Continued)
9. The applicant shall obtain and keep inforce all risk property insurance and general liability or such
insurance as is deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The applicant must also carry comprehensive
general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000),
combined single limits of such insurance policy or policies. The applicant must provide endorsements
providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of
or material change to, any of the insurance policies. The applicant assumes all responsibilities and
liabilities, vested or contingent, with relation to the temporary encroachment.
10. The portion of the encroachment identified as "neighborhood identification signs" may not exceed
sixteen (16) square feet per face, two (2) faces, or twelve (12) feet above the natural grade.
Landscaping materials must be approved by the Landscape Services Division of the Department of
Parks and Recreation.
11. The applicant shall submit for review and approval a survey of the encroachment area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of the
encroachment sealed by a registered professional engineer, if required by either the City Engineer's
Office or the Engineering Division of the Public Utilities Department.
12. The City, upon revocation of such authority and permission so granted, may remove the temporary
encroachment and charge the cost thereof to the applicant and collect the cost in any manner
provided by law for the collection of local or state taxes; may require the applicant to remove such
temporary encroachment; and, pending such removal, the City may charge the applicant for the use
of such portion of the City's right-ol-way encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the applicant; and if such removal shall
not be made within the time specified by the City, the City shall impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is
allowed to continue thereafter; and, shall collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary
Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 2006
~
1 Requested by Department of Public Works
2
3
4 AN ORDINANCE TO AUTHORIZE
5 TEMPORARY ENCROACHMENTS INTO A
6 PORTION OF THE CITY RIGHT OF
7 WAY KNOWN AS CARDINAL ROAD, BY
8 BIRDNECK POINT COMMUNITY
9 LEAGUE, INC., A VIRGINIA NON-
10 STOCK CORPORATION
11
12
13
WHEREAS, Birdneck Point Community League, Inc., a Virginia
14
non-stock
corporation,
desires
to
construct
and maintain
15 neighborhood identification signs, a decorative masonry and
16 iron fence, decorative masonry and brick columns, concrete
17 pavers with stained concrete borders, brick pavers with brick
18 borders, a flag pole, landscaping, a lighting system and an
19 irrigation system wi thin a portion of the City's right of way
20 known as Cardinal Road.
21
WHEREAS, City Council is authorized pursuant to ~~ 15.2-
22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
23 authorize temporary encroachments upon the City's right of way
24 subject to such terms and conditions as Council may prescribe.
25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
That pursuant to the authority and to the extent thereof
28 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950,
29 as amended, Birdneck Point Community League, Inc., its assigns
30 and successors in title are authorized to construct and maintain
31 temporary encroachments for neighborhood identification signs, a
32 decorative masonry and iron fence , decorative masonry and brick
33 columns, concrete pavers with stained concrete borders, brick
34 pavers with brick borders, a flag pole, landscaping, a lighting
35 system and an irrigation system in a portion of the City's right
36 of way as shown on the six (6) page map marked Exhibit "AU and
37 entitled: "BIRDNECK POINT ENTRANCE VIRGINIA BEACH, VIRGINIA, U a
38 copy of which is on file in the Department of Public Works and
39 to which reference is made for a more particular description;
40 and
41 BE IT FURTHER ORDAINED, that the temporary encroachments
42 are expressly subj ect to those terms, conditions and criteria
43 contained in the Agreement between the City of Virginia Beach
44 and Birdneck Point Community League, Inc., the "AgreementU,
45 which is attached hereto and incorporated by reference; and
46 BE IT FURTHER ORDAINED, that the City Manager or his
47 authorized designee lS hereby authorized to execute the
48 Agreement; and
49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in
50 effect until such time as Birdneck Point Community League, Inc.
51 and the City Manager or his authorized designee execute the
52 Agreement.
53 Adopted by the Council of the City of Virginia Beach,
54 Virginia, on the 10th day of October , 2006.
CA-10019
X:\OID\REAL ESTATE\Eneroaehments\PW Ordinanees\CA10019 Birdneek
Community League, Ine.doe
V:\applieations/eitylayprod\eyeom32\\Wpdoes\D029\P001\00019453.DOC
R-1
Prepared: 9/13/06
". .m~~ C. ~.s v",
/Real Estate
APPROVED AS TO CONTENTS
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-81l(C) (4)
THIS AGREEMENT, made this 16th day of August, 2006, by and between the
CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of
Virginia, Grantor, "City", and BIRDNECK POINT COMMUNITY LEAGUE, INC., a Virginia
non-stock corporation, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though
more than one.
WIT N E SSE T H:
That, WHEREAS, it is proposed by the Grantee to construct and maintain
neighborhood identification signs, a decorative masomy and iron fence, decorative masonry and
brick columns, concrete pavers with stained concrete borders, brick pavers with brick borders, a
flag pole, landscaping, a lighting system and an irrigation system, collectively "Temporary
Encroachment", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of City right of way known as Cardinal Road,
"the Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within the Encroachment Area.
No GPIN Required or Assigned to City Right of Way known as Cardinal Road
GPIN # 2418-50-0297
GPIN # 2418-50-3342
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee permission to use the Encroachment Area for the purpose of constructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as shown
on that certain six (6) page plat entitled: "BIRDNECK POINT
ENTRANCE VIRGINIA BEACH, VIRGINIA," a copy of which
is attached hereto as Exhibit "A" and to which reference is made
for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment
from the Encroachment Area in the event of an emergency or public necessity.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from the
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses
2
and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend
an action arising out of the construction, location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must submit and
have approved a traffic control plan before commencing work in the Encroachment Area.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Planning Department prior to commencing any construction within the
Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of
way permit, the Grantee must post a bond or other security, in accordance with their engineer's
cost estimate, to the Office of Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named insured
or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements providing at least thirty (30) days
3
written notice to the City prior to the cancellation or termination of, or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the portion of the Temporary
Encroachment identified as "neighborhood identification signs" may not exceed 16 square feet
per face, 2 faces, or 12 feet above the natural grade. Landscaping materials must be approved by
the Landscape Services Division of the Department of Parks and Recreation.
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of the Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, andlor "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of the
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
4
IN WITNESS WHEREOF, the said B irdneck Point Community League, Inc. has
caused this Agreement to be executed in its corporate name and on its behalf by its president.
Further, that the City of Virginia Beach has caused this Agreement to be executed in its name
and on its behalf by its City Manager/Authorized Designee of the City Manager and its seal be
hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
BIRDNECK POINT
COMI\j;UNITY LEAGUE, INC. 'I
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2006, by
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2006, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY/GGUN'fY OF /{Rd,f;.3//I &~lf, to-wit:
The foregoing instrument was acknowledged before me this ) tf, 4 day of
.A J 005 '{ , 2006, by LIJ(;J~~e A, OLcSZl.cl President, on behalf of Birdneck Point
Community League, Inc..
~jKJ cD~~
Notary Public
My Commission Expires: 0 ~ I :3 (
,
'Z-l0 c~7
APPROVED AS TO CONTENTS
;~V~~. ~"--
/'
PIb R 0lJ E ot&tt
DEPARTMENT
_ '.)
\~
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
/'t }\ ,~" r\ ;"'.
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X:\Projects\Encroachments\Applicants\Birdneck Point Community Association - Columus Landscape etc - PHA\Agreemellt
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- 26-
Item v'I.2.c.
RESOLUTION/ORDINANCES
ITEM #55683
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to A UTHORlZE temporary encroachments into City
property:
c. DUNES INVESTMENT ASSOCIATES, LLC, to construct
and maintain paver walkways, landscaping, irrigation
system, lighting and associated electrical conduits on the
Boardwalk at 1 dh Street and Atlantic Boulevard
[DISTRICT 6 - BEACH]
The following conditions shall be required:
1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the
Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's
specifications and approval.
2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within
thirty (30) days after such notice is given, the temporary encroachment must be removed from the
encroachment area by the applicant and the applicant will bear all costs and expenses of such
removal.
3. The applicant shall indemnifY and hold harmless the City, its agents and employees from and against
all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location or existence of the temporary
encroachment.
4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and to the limited
extent specified herein, nor to permit the maintenance and construction of any encroachment by
anyone other than the applicant.
5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a
hazard.
6. The applicant must obtain a permit from the Planning Department prior to commencing any
construction.
7. The applicant must post a bond or other security, in accordance with their engineer's cost estimate, to
the Planning Department prior to issuance of a right-of-way permit.
8. The applicant shall obtain and keep in force all risk property insurance and general liability or such
insurance as is deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The applicant must also carry comprehensive
general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000),
combined single limits of such insurance policy or policies. The applicant must provide endorsements
providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of,
or material change to, any of the insurance policies. The applicant assumes all responsibilities and
liabilities, vested or contingent, with relation to the temporary encroachment.
October 10, 2006
- 27-
Item v'I.2.c.
RESOLUTION/ORDINANCES
ITEM #55683 {Continued}
9. The temporary encroachment shall conform to the minimum setbacks requirements as established by
the City.
10. The landscaping materials must be approved by the Parks and Landscape Services Division of the
Department of Parks and Recreation.
11. The applicant shall submit for review and approval a survey of the encroachment area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of the
encroachment sealed by a registered professional engineer, if required by either the City Engineer's
Office or the Engineering Division of the Public Utilities Department.
12. The City, upon revocation of such authority and permission so granted, may remove the temporary
encroachment and charge the cost thereof to the applicant and collect the cost in any manner
provided by law for the collection of local or state taxes; may require the applicant to remove such
temporary encroachment; and, pending such removal, the City may charge the applicant for the use
of such portion of the City's right-of way encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the applicant; and if such removal shall
not be made within the time specified by the City, the City shall impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is
allowed to continue thereafter; and, shall collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary
Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 2006
24
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO
PORTIONS OF THE EXISTING CITY
RIGHTS-OF-WAY KNOWN AS 10TH
STREET AND ATLANTIC BOULEVARD
(FORMERLY KNOWN AS OCEAN
AVENUE), ALSO KNOWN AS THE
BOARDWALK, LOCATED ADJACENT
TO GPINS 2427-24-6673, 2427-
24-7424, 2427-24-6850 AND
2424-24-5785 BY DUNES
INVESTMENT ASSOCIATES, LLC, A
VIRGINIA LIMITED LIABLITY
COMPANY.
Dunes Investment Associates, LLC,
a Virginia
WHEREAS,
19 limi ted liability company, desires to construct and maintain
20 paver walkways, landscaping, an irrigation system, lighting and
21 associated electrical conduit into portions of the City rights-of-
22 way known as 10th Street and Atlantic Boulevard (formerly known
23 as Ocean Avenue), also known as the Boardwalk.
WHEREAS, City Council is authorized pursuant to ~~ 15.2-
25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
26 authorize temporary encroachments into the City's rights-of-way
27 subject to such terms and conditions as Council may prescribe.
28 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA:
30
That pursuant to the authority and to the extent thereof
31 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950,
32 as amended, Dunes Investment Associates, LLC, a Virginia limited
33 liability company, its assigns and successors in title are
34 authorized to construct and maintain a temporary encroachment
35 for paver walkways, landscaping, an irrigation system, lighting
36 and associated electrical conduit in the City rights-of-way of
37 10th Street and Atlantic Boulevard (formerly known as Ocean
38 Avenue), also known as the Boardwalk, as shown on those 16
39 exhibit maps marked Exhibit "A" and entitled: "PROPOSED
40 ENCROACHMENT FOR SPRINGHILL SUITES/921 OCEANS CONDOS 9TH AND 10TH
41 STREET ON ATLANTIC AVENUE VIRGINIA BEACH OCEANFRONT PROJECT
42 #05137 (NOT TO SCALE)", copies of which are on file ln the
43 Department of Public Works and to which reference is made for a
44 more particular description; and
45
BE IT FURTHER ORDAINED, that the temporary encroachments
46 are expressly subj ect to those terms , conditions and criteria
47 contained in the Agreement between the City of Virginia Beach
48
and Dune s
Investment Associates,
LLC,
a Virginia limited
49 liability company, (the "Agreement"), which is attached hereto
50 and incorporated by reference; and
51
52
BE IT FURTHER ORDAINED, that the City Manager or his
authorized designee
is
hereby authorized
to
execute
the
53 Agreement; and
54
BE IT FURTHER ORDAINED, that this Ordinance shall not be ln
55 effect until such time as Dunes Investment Associates, LLC, a
56 Virginia limited liability company, and the City Manager or his
57 authorized designee execute the Agreement.
58 Adopted by the Council of the City of Virginia Beach,
59
Virginia,
on
the
10th
day
of
October
2006.
CA-IOOOO
PREPARED: 09/07/06
CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
Jl1u~~~
CITY A TORNEY
X: \OID\REAL ESTATE\Encroachments\PW Ordinances\CA10000 Dunes Investment Associates, LLC.doc
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-81l(C) (4)
THIS AGREEMENT, made this 14th day of
August
, 2006, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and DUNES INVESTMENT ASSOCIATES, LLC, a Virginia limited liability company,
ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee".
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels
ofland designated and described in that deed recorded as Instrument Number 200509130147134
in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia;
WHEREAS, it is proposed by the Grantee to construct and maintain paver
walkways, landscaping, an irrigation system, lighting and associated electrical conduit,
"Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into portions of existing City rights-of-way known as loth
Street and Atlantic Boulevard (formerly Ocean Avenue), also known as the Boardwalk, the
"Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and ofthe benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
GPIN's: 2427-24-6850-0000; 2427-24-5785-0000; 2427-24-6673-0000; 2427-24-7424-0000 and
NO GPIN ASSIGNED TO CITY RIGHTS-OF-WAY
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee permission to use the Encroachment Area for the purpose of constructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as shown
on those certain plats entitled: "PROPOSED ENCROACHMENT
FOR SPRINGHILL SUITES/921 OCEANS CONDOS 9TH AND
10TH STREET ON ATLANTIC AVENUE VIRGINIA BEACH
OCEANFRONT PROJECT #05137 (NOT TO SCALE)". Said
plats are not dated and consist of a total of sixteen (16) sheets,
copies of which are attached hereto collectively as Exhibit "A" and
to which reference is made for a more particular description.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from the
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and. employees, from and against all claims, damages, losses
and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
2
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Planning Department prior to commencing any construction within the
Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of
way permit, the Grantee must post a bond or other security, in accordance with their engineer's
cost estimate, to the Office of Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named insured
or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary Encroachment
must conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the landscaping materials must
3
be approved by the Parks & Landscape Services Division of the Department of Parks and
Recreation.
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of the Encroachment Area, certified by a registered professional
engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of the
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, the said DUNES INVESTMENT ASSOCIATES, LLC, a
Virginia limited liability company, has caused this Agreement to be executed on its behalf by
THOMAS 1. LYONS, JR., Member, with due authority to bind said limited liability company.
Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk.
4
CITY OF VIRGINIA BEACH
By
City Managerl Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
DUNES INVESTMENT ASSOCIATES, LLC,
a Virginia limited liability company
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2006, by
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2006, by RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH.
Notary Public
My Commission Expires:
STATE OF
CITY/eeHNF-Y OF VI~(NIt4 ~Cj+, to-wit:
The foregoing instrument was acknowledged before me this J 44'i-) day of
A-u ~ u. 6'1
, 2006, by THOMAS J. LYONS, JR., Managing Member on behalf of DUNES
INVESTMENT ASSOCIATES, LLC, a Virginia limited liability company.
&" ~~LJ'
) e ll'f).Cv . ,/A')Leit,-
Notary Public
My Commission Expires:
~t+N-U;\-J?.\l 5i. dO Ii)
APPROVED AS TO
LEGAL SUFFICIENCY
AND FORM
JuUilq.WM~
APPROVED AS TO CONTENT
~ C.~^'-
'f
f.)
CITY REAL EST A TE AGENT
CITY ATTORNEY
6
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EXHIBIT "A"
PROPOSED ENCROACHMENT
FOR
SPRINGHILL SUITES/921 OCEANS CONDOS
9TH AND 10TH STREET ON ATLANTIC AVENUE
VIRGINIA BEACH OCEANFRONT
PROJECT 1105137
(NOT TO SCALE)
MSA) P.(C.
Landscape Ardlitecture . Planning
Surveying . Engineering
Environmental Sciences II .
SOJJ kOt'5E DUl\'H, \'IUGJSI;\ llE.'\CH. \':\ !3-l6Z-);nS
rHONE F5i) ~91I.l)!("J . FAX F5;)..JIJ~l.06H
SHEET 1 OF 16
I t;\'lI
~VIRGINIA B~.ACH BOARDWALK ~;'i;; !J.20
J7. ) tvf s~
~ 'loP V I I I V U ,--::'~;'
;/11:'1 "L;~ 7~11~~- - _' :: ,: 1 ~i .. _ &-1::6V "
~'\~O EXISTING PAVERS~I \V I 1 I 1-1,r~ '1EXISTING PAVERS ~
_ :~_ TO REM~ ~'i,. I I _! \ _ '1.\6 TO RE~~IN ~
-'01 --- I -L-+-I=Er:+:::-+-~__ ===-===s~-== w
RIM=1!.72 I I I iOi / _ I 'H - (f)
- fZ=7.82 I I YI RW-1l.p6 1<11\=11.67 1r-5' WIDE BRICK W
o I I /I JI L ~ 1 bJ R ~i5. 46 ~ Z
([) NEW BRICK PAVERS-____ I 1 /l I I .1 \' PAVERS WALKWAY i!
+f ------I---I :....11 I I 1 rh\, u
\1,)7 I I~,-I" II !ill I,I'TI' ;7;~X'n ~ ~
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(SEE ARCHITECTURE n: I I Win' H1'" 0\ '"
i PLANS BY SISKA pJ~r 18;r;rr I \Y!).v I I I ~ ~
_ AURAND LANDSCAIJ-9J..~~ I~ lJl \77 \ i I I: /1 ~ ~\ ~
. ARCHITECTS, [NC~~y w ] II ! JJ V)
5:'1" /ir 7. r ,AY ~, - 'j 1 I ~ I I tt::
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MA TCHLlNE SEE SHEET 1
PROPOSED ENCROACHMENT
FOR
SPRINGHill SUITES/921 OCEANS
9TH AND 10TH STREET ON A TLANTle
VIRGINIA BEACH OCEANFRONT
PROJECT #05137
(NOT TO SCALE)
CONDOS
AVENUE
MSA, P.c. ml
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LANDSCAPE PLAN
FOR
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9TH AND 10TH STREET ON ATLANTIC AVENUE
VIRGINIA BEACH OCEANFRONT
PROJECT #05137
(NOT TO SCALE)
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(NOT TO SCALE)
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9TH AND 10TH STREET ON ATLANTIC A VENUE
VIRGINIA BEACH OCEANFRONT
PROJECT #05137
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PROPOSED PAVER WALKWAYS, LANDSCAPING, IRRIGATION SYSTEM, LIGHTING
AND ASSOCIATED ELECTRICAL CONDUIT - 10th STREET & ATLANTIC BOULEVARD
(FORMERLY KNOWN AS OCEAN AVENUE),
ALSO KNOWN AS THE BOARDWALK,
LOCATED ADJACENT TO GPINs 2427-24-6673,2427-24-7424,2427-24-6850 & 2424-24-5785
FOR DUNES INVESTMENT ASSOCIATES, LLC
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LOCATION MAP
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X:\Projects\ARC Files\Agenda Maps\1Oth St\Dunes Invest.mxc
Prepared by P.W./Eng.lEng. Support Services Bureau 9/7/06
- 28 -
Item v'I.3.
RESOLUTION/ORDINANCES
ITEM #55684
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a Grant of $197,446from
the United States Department of Justice to the Police Department's FY
2006-2007 Operating Budget re the purchase of voice software licensing,
audio/visual equipment and a mass storage device for interview
archiving re Community Oriented Policing Services [COPS]
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary
Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
October 10,2006
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $197,446 FROM THE UNITED STATES DEPARTMENT OF
3 JUSTICE TO THE POLICE DEPARTMENT'S FY 2006-07
4 OPERATING BUDGET FOR THE PURCHASE OF VOICE
5 SOFTWARE LICENSING, AUDIO/VISUAL EQUIPMENT,
6 AND A MASS STORAGE DEVICE FOR INTERVIEW
7 ARCHIVING
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
That $197,446 is hereby accepted from the United States
11 Department of Justice and appropriated to the Police Department's
12 FY 2006-07 Operating Budget for the purchase of voice software
13 licensing, audio/visual equipment, and a mass storage device for
14 interview archiving, with federal revenue increased accordingly.
15
Adopted by the Council of the City of Virginia Beach,
16
Virginia, on the 10th day of October
, 2006.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~evvJ Q.
City Attorney's Office
CA10151
V:\applications\citylawprod\cycom32\Wpdocs\D026\P001\O0020923.DOC
R-2
September 28, 2006
U.S. Department of Justice
Office of Community Oriented Policing Services
Office olthe DireCtor
1100 Vermont Avenue, NW
Washington, DC 20530
September 8, 2006
Chief of Police Alfred Jacocks
Virginia Beach, City of
Municipal Center, Building 11
2509 Princess Anne Road
Virginia Beach, V A 23456
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Re: Technology Grant #: 2006CKWX0053
Dear Chief of Police Jacocks:
On behalf of Attorney General Alberto R. Gonzales, it is my pleasure to congratulate you on
receiving a COPS 2006 Technology grant. Enclosed is your agency's award document with a list of special
conditions (on the reverse side) that apply to your grant. The award amount is $197,446.00. You will also
find enclosed an ACH-Vendor form, a letter regarding civil rights requirements, a Helpful Hints Guide for
submitting your Financial Status Reports (SF-269A), a Fact Sheet regarding on-line filing of your quarterly
SF-269As, a Frequently Asked Questions guide for accepting your award, and a COPS Reports from the
Field flyer.
Please read and familiarize yourself with the grant award conditions prior to signing the award
document. To accept your grant, the law enforcement and government executives listed on the document
must sign the enclosed ori!1inal grant award and retwn it to the COPS Office within 90 days. Failure to
submit the signed award document within this 90-day period may result in withdrawal of the grant without
further notice from the COPS Office. .
Your grant award period officially began on November 22, 2005 and runs through November 21,
2008. Please note that all PTant t~rm~ llnn 'Wp.~;1l1 ~nnr1;t;(\n" mill ""eo 19 be lUet pr1w t9 the r8iml;n,lfs8Rieflt
of funds for exoenses incurred on or after Novemh~?? ?OO"'
Enclosed in this packet, you will also find a copy of your Financial Clearance Memo. A [mancial
analysis of budget costs for your project proposal has been completed. Costs appear reasonable, allowable
and consistent with existing guidelines set forth by the COPS Office. Please keep this document in your files
for future reference.
Should you have any questions regarding the award process, please contact your Technology
Coordinator assigned to this project at 1-800-421-6770. Congratulations again on your award. On behalf of
the COPS Office, we look forward to working with you on this technology project.
Sincerely,
~\(~
Carl R. Peed
Director
- 29-
Item V-J.
PLANNING
ITEM # 55685
1. DR. ALAN MAHANES
2. LA GO MAR ASSOCIATES, L.L.C.
3. SALEM ROAD ASSOCIATES (formerly VA-CAR
DEVELOPMENT, L.L.C.)
4. LONDON BRIDGE SELF STORAGE, L.L.C.
5. T-MOBILE NORTHEAST, L.L.C.
6. 7-ELEVEN, INC.
7. TOWN CENTER ASSOCIATES 6, I...L.C.
8. REVEREND JAMES C. GRIFFIN,
ST. MARK CATHOLIC CHURCH
9. CITY OF VIRGINIA BEACH
PARKS and RECREATION
10. Resolution DIRECTING the Planning Commission
study means of regulating bars and nightclubs,
TRANSMITTING to City Council recommended
amendments no later than the Planning
Commission's November 8, 2006 Meeting, re:
11. COMPREHENSIVE PLAN
CONDITIONAL CHANGE OF ZONING
CONDITIONAL CHANGE OF ZONING
VARIANCE
CONDITIONAL CHANGE OF ZONING
MODIFICATION OF PROFFER NO.3
(Conditional Change of Zoning
Approved February 22, 2005)
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
Ordinance to AMEND JJ111, 233.1,
701,901,1001, 150L 1511 and 1521
[CZO] to DEFINE terms "Alcoholic
Beverage "/"Bar "/Nightclub "/
REQUIRE Conditional Use Permits/
ESTABLISH regulations
AMEND re Redevelopment and Housing
Authority
October 10, 2006
- 30 -
Item v'J.
PLANNING
ITEM # 55686
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Items 5, 7,
8, 9 and 10 (Resolution referring back to the Planning Commission) of the PLANNING BY CONSENT
AGENDA.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, James 1. Wood and Rosemary
Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady McClanan voted a VERBAL NAY on Items 7 (Town Center) and 9 (City of Virginia Beach
- Parks and Recreation)
October 10, 2006
- 31 -
Item v'J.l.
PLANNING
ITEM # 55687
William "Bill" Gambrell, Land Planner, 207 23rd Street, representing the applicant, had previously
Deferred this item for amendment to Conditional 0-1 and modification of the existing structurefor
preservation. The goal is to develop a small office building compatible with the existing commercial,
office and residential uses in the area. A revised plcIn depicts the historical house being moved back
toward the rear of the site behind several existing mature trees. The applicant will use the existing
house for office space.
Barbara E. Vaughan, 2621 North Landing Road, Phone; 427-1833, represented the Courthouse
Community, and is a property owner in the Historical and Cultural District. Mrs. Vaughan registered in
OPPOSITION and advised the needfor comments and input by the community. Mrs. Vaughan hopes
the existing building with modifications would comply with the applicants needs and at the same time
retain the residential look and character of the Historical area. Other rezonings have been on vacant
lots near the Municipal Center or existing commercial property i.e. Kellam and Eaton. Mrs. Vaughan
expressed concern relative all of this Historical area becoming commercial. North Landing Road is a
very congested area.
Council Lady Henley suggested issues of this nature involving zoning changes should be decided by the
Council first and, if approved, referred to the Historical Review Board.
A MOTION was made by Council Lady Henley, seconded by Council Lady McClanan to DEFER
INDEFINITELY Ordinance upon application of DR. ALAN MAHANES for a Conditional Change of
Zoning from AG-2 Agricultural District (Historic and Cultural Overlay) to Conditional 0-1 Office
District (Historic and Cultural Overlay) on property located at 2513 North Landing Road. This
DEFERRAL is to develop a comprehensive plan for this large Historical and Cultural District, allowing
comments and input from residents.
Voting:
4-7 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Barbara M Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf,
and Ron A. Villanueva
Council Members Voting Nay:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor
Louis R. Jones, John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
None
October 10, 2006
- 32 -
Item v'J.J.
PLANNING
ITEM # 55687 (Continued)
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of DR. ALAN MAHANES for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF DR. ALAN MAHANES FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO
CONDITIONAL 0-1 Z010061266
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Dr. Alan Mahanes for a Chanf!e of
Zoninf! District Classification from AG-2 Agricultural District (Historic
and Cultural Overlay) to Conditional 0-1 Office District (Historic and
Cultural Overlay) on property located at 2513 North Landing Road
(GPIN 1494717090). DISTRICT 7 - PRINCESS ANNE
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit
Court and is hereby made a part of the record.
This Ordinance 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 Tenth of October Two Thousand
Six.
Voting: 8-3
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor
Louis R. Jones, John E. Uhrin, Ron A. Villanueva, James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
Barbara M Henley, Reba S. McClanan and Mayor Meyera E. Oberndorf
Council Members Absent:
None
October 10, 2006
Dr. Alan Mahanes
Page 3 of 3
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CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6472
FROM:
Leslie L. Lilley W
B. Kay Wilson~
DATE: September 27,2006
DEPT: City Attorney
DEPT: City Attorney
TO:
RE: Conditional Zoning Application: Alan W. Mahanes
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on October 10, 2006. I have reviewed the subject proffer agreement, dated
April 28, 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/als
Enclosure
cc: Kathleen Hassen
PREPARED BY:
'"'13 sms. RommON.
mr 'irnN &. [M, P.C
ALAN W. MAHANES
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 28th day of April, 2006, by and between ALAN W.
MAHANES, 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 located in the
Princess Anne District of the City of Virginia Beach, containing approximately 2.59 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 party of 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 0-1 Office 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
WHEREAS, the Grantor acknowledges 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 Grantor's proposed rezoning, certain
reasonable conditions governing the use of the Property for the protection of the community
that are not generally applicable to land similarly zoned are needed to resolve the situation
to which the Grantor's rezoning application gives rise; and
GPIN: 1494-71-7090
1
PREPARED BY:
I ~.ffl SillS. ROURDON.
V ' llIRN & 1m. P.c.
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior
to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map with respect to the Property, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted as a part of said
amendment to the Zoning Map relative and applicable to the Property, which has a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, its 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 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,
grantees, 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 PLAN MAHANES OFFICE BUILDING North
Landing Road, Virginia Beach, Virginia", prepared by Gallup Surveyors & Engineers, Ltd.,
dated April 24, 2006, which has been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning (hereinafter "Site Plan").
2. The architectural design of the office building depicted on the Site Plan will be
as depicted on the exhibit entitled, "MAHANES OFFICE BUILDING", prepared by Lyall
Design Architects, dated April 24, 2006, which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning.
3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct
light down onto the premises and away from adjoining property.
4. Any freestanding sign shall be monument style, no greater than six feet (6') in
height with a base matching the material on the exterior of the Office Building.
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.
2
PREPARED BY:
~.m SYHS. QOURDON.
~..~ 'llfRN &. 1M. P.c.
All references hereinabove to 0-1 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 Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
3
PREPARED BY:
~.m SITJ;:S. lWURDON.
rr . HrnN &LM. P.C
(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.
4
PREPARED BY:
(;JIB SWI:S. ROURDON.
,.v;r-. 'YfRN &. Lm. P_C
WITNESS the following signature and seal:
'\.
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
/ 7.,,-
The foregoing instrument was acknowledged before me this ~ of May, 2006,
by Alan W. Mahanes, Grantor.; ,//
.,/-.-~
~ r/
~
Notary Public
My Commission Expires:
5
~.
I PREPARED BY:
I
~.m SYUS. ROURDON.
. m.... \Urn.N &. UVY. P.c.
EXHIBIT "A"
All that certain piece or parcel of land, with the buildings and improvements thereon,
situate, lying and being in the City of Virginia Beach, Virginia, containing 2.529 acres, and
shown on that certain plat survey entitled "PHYSICAL SURVEY PART OF PROPERTY OF
PAUL W. SAWYER" dated October 8,1975, and made by Bruce B. Gallup, C.L.S., which said
plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Deed Book 1530, page 182, and bounded and described as follows:
Beginning at a point marked by a pipe on the South side of North Landing Road, which
point is 509 feet East of West Neck Road as measured along North Landing Road; thence
along the South line of North Landing Road North 750 30' East 330.9 feet to a point; thence
South 170 09' 20" East 411.0 feet to a point in a ditch marked by a pin; thence along said
ditch North 720 07' 14" West 348.97 feet to a point marked by a pin; thence continuing
along a ditch South 610 18' West 99.60 feet to a point marked by a pin; thence continuing
along said ditch South 240 28' West 39.60 feet to a point marked by a pin; thence
continuing along said ditch South 790 28' West 29.59 feet to a point on the line of the
property now or formerly belonging to WASSMER, which point is marked by a pin; thence
North 170 50' East 108.77 feet to a point marked by a pin; thence North 030 01' 02" West
188.73 feet to the point of beginning.
LESS AND EXCEPT that portion of the aforementioned property acquired by the City of
Virginia Beach in Certificate of Take No. 1601, Order of the Circuit Court of the City of
Virginia Beach dated July 25, 2002, recorded as Instrument No. 200208013010713 and
described as 1489 Sq. Ft. (0.034 Acre) Take Area; and 20766 Sq. Ft. (0-477 Acre) -
Proposed Permanent Drainage Easement, situate in the City of Virginia Beach as more
particularly shown on that plat entitled "PARCEL 015 PLAT SHOWING PROPOSED RIGHT
OF WAY AND EASEMENT TO BE ACQUIRED FOR NIMMO PARKWAY/WEST NECK
ROAD IMPROVEMENT CIP 2-090 FROM PAUL W. SAWYER JR. AND LUCY N.
SAWYER", dated March 5, 2002, Scale 1"=50', prepared by Precision Measurements, Inc.,
said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia as Instrument No. 200207223004759.
GPIN: 1494-71-7090
ConditionaIRezone/Mahanes/Proffer
6
Map 1-12
Ma Not to Scale
Condition<11 Zoning Change from AG-2 to )-2
- 33 -
Item v'J.2.
PLANNING
ITEM # 55688
Attorney R. J Nutter, 222 Central Park Avenue, Phone; 687-7500, represented the applicant, and
requested DEFERRAL, to add an additional proffer re access to this Parcel be routed so construction
traffic does not go through the bulk of Lago Mar. The neighborhood will be relieved from the
"one- way-in" and "one-way-out".
Bill Van Deusen, 2341 Santa Fe Dive, Phone; 889-4195, registered in OPPOSITON, and advised if
Lago Mar Associates extends Nimmo Parkway from Albuquerque to Atwoodtown/Artesia and
opens Artesia on the north end to Nimmo Parkway, the majority of the Lago Mar residents will have no
objection to this request. Said statement is hereby made a part of the record.
Charles Meyer, Chief Operating Officer, referenced the map developed with the Cost Participation
Agreement with Lago Mar Associates encoumpassing the various routes re extension of Nimmo
Parkway.
Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council DEFERRED
until the City Council Session of October 24, 2006, an Ordinance upon application of LA GO MAR
ASSOCIATES, L.L. C. for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF LAGO MAR ASSOCIATES,
L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM B-1 TO CONDITIONAL R-15
Ordinance upon application of Lago Mar Associates, L.L.c. for a
Chanf!e of Zoninf! District Classification from B-1 Neighborhood
Business District to Conditional R-15 Residential District on property
located at the Northwest intersection of Artesia Way and Nimmo
Parkway, and addressed as 801 Artesia Way (GPIN 2424133283).
DISTRICT 7 - PRINCESS ANNE
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary
Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
October 10,2006
- 34 -
Item v'J.3.
PLANNING
ITEM # 55689
Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth
Floor, Phone: 499-8971, represented the applicant and requested deferral until the City Council
Session of October 24,2006.
The following registered in OPPOSITION:
Nick Douvres, 2604 Salem Road, Phone: 301-6717, resides adjacent to the proposed development and
expressed concern re the 70-75 decibel area incompatibility with residential. Mr. Douvres also
expressed concern re the 10-foot drainage easement located between his property and the proposed
development. This easement has never been properly maintained.
Douglas Dyckman, 2596 Salem Road, Phone: 301-9051, expressed concern re increased traffic, loss of
open space and flooding of properties
Correspondence from the Department of the Navy, dated June 5, 2003, October 7, 2003, and September
11, 2006, re location in the Inter-facility Traffic Area (ITFA) and the property lies within the 70-75
decibel area, are hereby made a part of the record.
Upon motion by Council Lady Henley, seconded by Vice Mayor Jones, City Council DEFERRED until
the City Council Session of October 24, 2006, Ordinances upon application of SALEM ROAD
ASSOCIATES (formerly VA-CAR DEVELOPMENT, L.L.C.), re a Variance to ~ 4.4(b) that requires
all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and a Conditional
Change of Zoning:
ORDINANCE UPON APPLICATION OF SALEM ROAD ASSOCIATES,
LLC FOR A SUBDIVISION VARIANCE (FLAG LOTS)
Ordinance upon application of Salem Road Associates, LLC for a
Subdivision Variance (flag lots) on property located on the east side of
Salem Road, approximately 700 feet south of Landstown Road (GPIN
1484-31-0664; -30-8994; 41-0190). This request was indefinitely
deferred by the City Council on March 23,2004 under the name Va-Car
Development, LLe. DISTRICT 7 -- PRINCESS ANNE.
AND,
ORDINANCE UPON APPLICATION OF SALEM ROAD ASSOCIATES,
LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-l AND AG-2 TO CONDITIONAL R-I0
Ordinance upon application of Salem Road Associates, LLC for a
Change of Zoning District Classification from AG-l and AG-2
Agricultural District to Conditional R-I0 Residential District on
property located on the east side of Salem Road, approximately 700 feet
south of Landstown Road (GPIN 1484-31-0664; -30-8994; 41-0190).
This request was indefinitely deferred by the City Council on March 23,
2004 under the name VA-CAR Development, LLe. DISTRICT 7-
PRINCESS ANNE
October 10, 2006
- 35 -
Item V, J. 3.
PLANNING ITEM # 55689 (Continued)
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary
Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 2006
- 36 -
Item V.J.4.
PLANNING
ITEM # 55690
The following registered in SUPPORT:
W. Whitney Graham, 1429 Whittier Road, Phone: 498-8489, owner and builder for the application. The
first 55 feet of the office will consist of a masonry material (split face block). The remaining portion of
west side of the building will be a metal panel (beige). This application was rezoned to I-Ion February
22, 2005 (AEG PROPERTIES, L.L.C.)
Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth
Floor, Phone: 499-8971, had represented AEG PROPERTIES on February 22, 2005. Attorney
Bourdon and his brother own the 50-acre farm adjacent. The application (Delaware Corporation -
Rezoned to 1-2 Heavy Industrial on May 23,2006) clearly blocks the view of the western side of the
warehouse units from London Bridge Road.
Upon motion by Councilman Diezel, seconded by Councilman DeSteph, City Council MODIFIED
PROFFER #3 in the Ordinance upon application of LONDON BRIDGE SELF STORAGE, L.L.c. re
changes to the farade materials (Conditional Change of Zoning approved by City Council on February
22, 2005).
ORDINANCE UPON APPLICATION OF LONDON BRIDGE SELF
STORAGE, L.L. C. FOR THE MODIFICATION OF CONDITIONS FOR
AN APPLICATION APPROVED BY CITY COUNCIL ON FEBRUARY
22, 2005
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of London Bridge Self Storage, L.L. C. for
the Modification of Conditions for an application approved by City
Council on February 22,2005. Property is located 2120 London Bridge
Road (GPINs 2405414984; 2405412556). DISTRICT 7 - PRINCESS
ANNE
The adjacent parcel to the west was recently rezoned to 1-2 Heavy Industrial for the purpose of
developing office-warehouses, self storage units, and a bulk storage yard. The view from London Bridge
Road to the western farade of the building on the subject site is now obscured by the development on the
1-2 zoned property. With a use now known for the site to the west of the applicant's site, a modification to
the exterior materials for a portion of the western building's farade was requested. The first 55 feet from
the front of the building on the west farade, where the main office is proposed, will remain split-face
block veneer. The remainder of exterior will then transition to beige metal panels for the portion of the
building that will house the self storage facility.
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court
October 10, 2006
- 37 -
Item v'J.4.
PLANNING ITEM # 55690 (Continued)
Voting: 9-2
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor
Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A.
Villanueva, James L. Wood and Rosemary Wilson
Council Members Voting Nay:
Barbara M Henley and Reba S. McClanan
Council Members Absent:
None
Council Lady Wilson DISCLOSED Pursuant to Conflict of Interests Act ~ 2.2-3115 (H) regarding Item 1.
4. London Bridge Self Storage, L.L. C. 's application. Her husband is a principal in the accounting firm of
Goodman and Company and that company provides services to London Bridge Self Storage, L.L. C. Her
husband does not personally provide services to London Bridge Self Storage, L.L. C. The City Attorney
has advised she may participate without restriction to City Council's discussion of, and vote on, this
transaction, upon disclosure of her interest. Council Lady Wilson's letter of October 11, 2006, is hereby
made a part of the record.
October 10, 2006
Citye>f Virgi:t:1ia. Bea.ch
ROSEMARY WILSON
COUNCIL LADY - AT-LARGE
PHONE: (757) 422-0733
FAX: (757) 426-5669
October 11, 2006
Mrs. Ruth Hodges Smith, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
Re: Disclosure Pursuant to Conflict of Interests Act ~ 2.2-3115 (H)
Pursuant to the State and Local Government Conflict of Interests Act, I make the
following declaration:
1. I am executing this written disclosure regarding City Council's discussion and
vote on London Bridge Self Storage, L.L.C.'s application of a modification of
conditions with respect to property located at 2120 London Bridge Road.
2. I have a personal interest in this transaction because my husband is a principal in
the accounting firm of Goodman and Company, and that company provides
services to London Bridge Self Storage, L.L.C. My husband does not personally
provide services to London Bridge Self Storage, L.L.C.
3. The City Attorney's Office has advised me that although I have a personal interest
in this transaction, because my husband does not personally provide services to
London Bridge Self Storage, L.C.C., the Act provides that I may participate
without restriction in Council's discussion of, and vote on, this transaction, upon
disclosure of my interest.
4. I wish to disclose the above facts and declare that I am able to participate in the
transaction fairly, objectively, and in the public interest.
1304 WREN PLACE, VIRGINIA BEACH. VA 23451
OCT-11-2006 04:25PM FROM-
757-422-6371
T-654 P.OOS/OOS F-974
".
1
Mrs. Ruth Hodges Smith
-2-
October 11, 2006
Re: Disclosure Pursuant to Conflict of Interests Act ~ 2.2-3115 (H)
Accordingly ~ I respectfully request that you record this declaration in the official records
of City Council.
Thank you for your assistance and cooperation in this matter.
Sincerely,
.
aiv~
Rosemary A.
Councilmember
RA WIRRI
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6528
DATE: September 27,2006
TO:
FROM:
Leslie L. Lilley
B. Kay WilSO~
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application: London Bridge Self Storage
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on October 10, 2006. I have reviewed the subject proffer agreement, dated
May 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/als
Enclosure
cc: Kathleen Hassen
AMENDMENT TO CORRECTED PROFFERED COVENANTS,
RESTRICTIONS AND CONDITIONS
LONDON BRIDGE SELF STORAGE, L.L.C., a Virginia Limited Liability
Company,
TO
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
TIllS AMENDMENT TO AGREEMENT is made this 30th day of May, 2006, by
and between LONDON BRIDGE SELF STORAGE, L.L.C., a Virginia limited liability
company, Grantor, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, by Deed dated January 12, 2006 The Taylor Group, L.L.L.P, a
Virginia limited liability partnership, transferred fee simple title to the property to London
Bridge Self Storage, L.L.C., a Virginia limited liability company, said deed being recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach on January 25, 2006
as Instrument Number 20060125000126190.
WHEREAS, neither of the Grantors which were parties to the corrected proffers
above referenced, have any continuing interest in the Property; and
WHEREAS, Grantor is the owner of the part of the property described in the
Corrected Proffered Covenants, Restrictions and Conditions recorded December 22, 2005
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Instrument Number
GPIN:
2405-41-4984-0000
PREPARED BY: INMAN & STRICKLER, PLC
575 L YNNHA VEN P ARKW A Y, SUITE 200
VIRGINIA BEACH, VA 23452
1
20051222002055850 (the "Corrected Proffers") containing approximately 6.996 acres on
which the proposed storage facility is to be situated. (hereinafter the "Property); and
WHEREAS, 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 Corrected Proffers at paragraph 3 on page 3, requires the exterior
of the buildings depicted on the concept plan to be substantially similar in architectural
features, building and materials to the elevations shown on the exhibit prepared by
Porterfield Design Center and referenced in the recorded proffers; and
WHEREAS, the said elevations by Porterfield Design Center show a combination
of split faced and smooth faced block veneer running from the point which is fifty five feet
(55') from the front of the building to the rear of the building and the Grantor desires to
terminate the block veneer on the west side of the building at a point which is fifty-five feet
(55') from the front of the building which would result in the office portion of the facility
having a brick and block veneer exterior but eliminating the split faced and smooth faced
block veneer on the portion of the structure which is the storage units only on the west side
of the building which faces the industrial park, and substituting metal panels therefor.
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 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
2
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 and to modify said paragraph 3 by adding
the following proviso at the end of said paragraph:
"... provided, however, the said elevations by Porterfield Design
Center show a combination of split faced and smoothed faced block
veneer running from the point which is fifty five feet (55') from the front
of the building to the rear of the building and the Grantor shall terminate
the block veneer on the west side of the building at a point which is fifty-
five feet (55') from the front of the building and eliminate the split faced
and smooth faced block veneer on that portion of the stIUcture which is the
storage units and substituting therefor PBM corrugated, colored, treated
metal panels only on the west side of the building which faces the
industrial park."
All other conditions required by the Corrected Proffered Covenants, Restrictions
and Conditions recorded December 22, 2005 shall remain in full force and effect.
WITNESS the following signature and seal:
GRANTOR: LONDON BRIDGE SELF STORAGE, L.L.C.
A Virginia limited liability company
By:
/
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this l 'o~ day of
~~c:;r , 2006 by W. Whitney Graham, Managing Member of London Bridge Self
Storage, L.L.C., a Virginia limited liability company, Grantor.
~~
Notary Public
My Commission Expires: t)c..~ ') ( ( z....~l) ~
3
EXHIBIT A
LEGAL DESCRIPTION
ALL THOSE certain lots, pieces or parcels of land, with the improvements thereon and
appurtenances thereunto belonging, situate in the City of Virginia Beach, Virginia and
known, numbered and designated as PARCEL B-2, AREA = 304,682 SF OR 6.996 AC
GPIN: 2405-51-4984, on that certain plat entitled "SUBDIVISION OF PROPERTY OF
THE TAYLOR GROUP, LLLP, PARCEL B-1 INSTRUMENT #200504280063311 GPIN:
2405-42-2332" dated June I, 2005, made by MSA, P.C. Landscape Architecture, Planning,
Surveying, Engineering, Environmental Sciences, which plat is duly recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument
No. 200601 I 1000062490; reference to which said plat is made for a more particular
description of said parcels, and further described as:
4
- 38 -
Item v'J.5.
PLANNING
ITEM # 55691
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application ofT-MOBILE NORTHEAST, L.L.Cfor a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF T-MOBILE NORTHEAST,
L.L.C FOR A CONDITIONAL USE PERMIT FOR A
COMMUNICATION TOWER R0100634176
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application ofT-MOBILE NORTHEAST, L.L. C for a
Conditional Use Permit for a communication tower on property located
at 5193 Shore Drive (GPIN 1469977720). DISTRICT 4 - BAYSIDE
The following conditions shall be required:
1. The tower shall be constructed substantially as shown on the site plans entitled "T-
MOBILE NORTHEAST, LLC, #VA50495B", prepared by Atlantis Group, Inc., dated
01/21/06. This site plan has been exhibited to City Council and is on file with the
Department of Planning.
2. The tower shall not exceed 125 feet in height.
3. The Director of Planning may allow the installation of a type of antenna different
from that shown on the plans described in Condition 1 if the Director determines that
the proposed antenna type will not result in any undue impact beyond the antenna
type shown on the submitted plan described in Condition 1 and a structural report is
submitted from a licensed structural engineer stating that the tower, with the
proposed antennas, meets the structural standards established by the Electronics
Industry Association and the local building code.
4. In the event interference with any City emergency communications facilities results
from the use of this tower, the user(s) shall take all measures reasonably necessary to
correct and eliminate the interference. If the interference cannot be eliminated within
a reasonable time, the user shall immediately cease operation to the extent necessary
to stop the interference.
5. Should the antennae cease to be used for a period of more than one (1) year, the
applicant shall remove the antennae, their supporting tower and related equipment.
This Ordinance 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 Tenth of October Two Thousand
Six.
October 10, 2006
- 39 -
Item v'J. 5.
PLANNING ITEM # 55691 (Continued)
Voting: 11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary
Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
October 10,2006
- 40-
Item v'J. 6.
PLANNING
ITEM # 55692
Attorney Jean Mumm, law firm of LeClair Ryan, 999 Waterside Drive, Norfolk, Phone: 441-8916,
represented the applicant. The 7-11, an approximate 2,800-squarefoot store, willface Elbow
Road. The fueling facility will be located between the Convenience Store and Elbow Road with
twelve (12) fueling stations. The site will be heavily landscaped with a 15-foot landscape buffer
along the western property line. 7-11 will install a 6-foot stockade fence infrant of the landscape
buffer
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of7-ELEVEN, INC.for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF 7-ELEVEN, INC. FOR A
CONDITIONAL USE PERMIT FOR FUEL SALES IN CONJUNCTION
WITH A CONVENIENCE STORE TOWER ROI00634177
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of 7-Eleven, Inc. for a Conditional Use
Permit for fuel sales in conjunction with a convenience store on property
located at 2105 Salem Road (GPIN 1474879770 - portion of).
DISTRICT 1 - CENTERVILLE
The following conditions shall be required:
1. The site shall be developed in substantial accordance with the site plan entitled ''?-Eleven
Corporation Convenience Store with Gas, Preliminary Site Plan, intersection of Salem Road
and Elbow Road" dated June 29, 2006, and prepared by Blakeway Corp. A copy of this site
plan has been exhibited to Virginia Beach City Council and is on file in the Planning
Department.
2. The building and canopy shall be developed in substantial accordance with the architectural
elevations entitled ''?-Eleven Convenience Store with Gas" dated September 15, 2004, and
prepared by URS. A copy of the elevations has been exhibited to Virginia Beach City Council
and is on file in the Planning Department.
3. No outdoor vending machines, ice boxes or display of merchandise shall be allowed.
4. Windows shall not be tinted, thus allowingfor surveillance opportunities both from within
andfrom outside the building. No signage in excess ofa total offour (4) squarefeet of the
entire glass area of the exterior wall nor any neon or neon-style signs or accents shall be
permitted in or on the windows and/or doors of the convenience store.
5. Sign age on the site is limited to the building sign, the canopy signage as depicted on the
elevation, and one free-standing monument style sign with a brick base matching the brick
color of the convenience store building. No other signs shall be installed on any other wall
area of the building or on the roof of the building, on the canopy, on the canopy supports, on
lighting poles or any other portion of the site.
6. All rooftop equipment, such as heating, ventilation, and air conditioning units shall be
concealed from typical street level view. All ground level building mechanical equipment
shall be screened in accordance with Section 245 (e) of the Zoning Ordinance.
October 10, 2006
- 41 -
Item v'J.6.
PLANNING
ITEM # 55692
7. The trash enclosure shall be screened with a solid wall to match the main building and shall
include evergreen shrubs having good screening capabilities, no less than three (3) feet in
height at the time of planting, spaced in accordance with the City's Landscaping, Screening
and Buffering Specifications and Standards, and maintained at all times in good condition at
a minimum height not lower than the wall.
8. All lighting on the site shall be consistent with those standards recommended by the
Illumination Engineering Society of North America (IESNA). A photometric lighting plan
indicating the number and types of lighting will be submitted as part of the formal site plan
submission for review by the Police Department to determine consistency with Crime
Prevention Through Environmental Design (CPT ED) principles and practices. Lighting shall
be installed and operated as shown on the approved plan. Canopy lighting shall consist of
flush mounted fixtures on the ceiling of the canopy. All lighting shall be directed inward and
downward within the site so as to eliminate glare onto adjacent properties and rights-of-
ways.
9. A bike rack shall be provided on-site.
This Ordinance 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 Tenth of October Two Thousand
Six.
Voting: 10-1
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
October 10, 2006
- 42-
Item v'J. 7.
PLANNING
ITEM # 55693
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of TOWN CENTER ASSOCIATES 6, L.L. C, for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TOWN CENTER
ASSOCIATES 6, L.L. C. FOR A CONDITIONAL USE PERMIT FOR
MULTI-FAMILY DWELLINGS ROlO0634178
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Town Center Associates 6, L.L. C. for a
Conditional Use Permit for multi-family dwellings on property located at
the southwest intersection of Market Street and Bank Street (GPIN
1477446890 - part oj). DISTRICT 5 - LYNNHA VEN
The following conditions shall be required:
1. There shall be no more than sixty (60) multi-family dwelling units within the proposed
building.
2. The exterior of the building shall substantially adhere to the submitted renderings titled
"Town Center of Virginian Beach Town Center Lofts ", prepared by CMSS Architects, Pc.
Said renderings have been exhibited to the Virginia Beach City Council and are on file with
the City of Virginia Beach Planning Department.
3. All mechanical equipment, including generators, shall be screened from the public right-of-
ways. The screening shall include solid walls that complement the structure.
This Ordinance 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 Tenth of October Two Thousand
Six.
Voting:
10-1 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
October 10, 2006
- 43 -
Item v'J.8.
PLANNING
ITEM # 55694
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of REVEREND JAMES C. GRIFFIN, ST. MARK CATHOLIC CHURCH
for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF REVEREND JAMES C.
GRIFFIN, ST. MARK CATHOLIC CHURCH FOR A CONDITIONAL
USE PERMIT FORA COLUMBARIUM R0100634179
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Reverend James C. Griffin, St. Mark
Catholic Church for a Conditional Use Permit for a columbarium on
property located at 1505 Kempsville Road (GPIN 1465264703).
DISTRICT 1 - CENTERVILLE
The following conditions shall be required:
1. The development of the columbarium shall substantially conform to the submitted "St. Mark
Catholic Church - Columbarium, Phase 1 Site Plan and Phase 2 Site Plan" prepared by Ivy
Architectural Innovations. Said plans have been exhibited to the Virginia Beach City Council
and are on the file in the Virginia Beach Planning Department.
2. The location of the columbarium shall be adjacent to the church as depicted in the "Overall Site
Plan for Saint Mark's Catholic Church, Virginia Beach, Virginia ", prepared by Ivy Architectural
Innovations and dated June 16, 2006.
3. Grading and drainage plans for the columbarium and the drainage area shall be submitted to
and approved by the Development Service Center prior to development.
This Ordinance 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 Tenth of October Two Thousand
Six.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin,
Ron A. Villanueva, James L. Wood and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 2006
- 44-
Item v'J.9.
PLANNING
ITEM # 55695
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of THE CITY OF VIRGINIA BEACH / DEPARTMENT OF PARKS AND
RECREATION for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH / DEPARTMENT OF PARKS AND RECREATION FOR A
CONDITIONAL USE PERMIT R0100634180
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of the City of Virginia Beach / Department
of Parks and Recreation for a Conditional Use Permit for a
communication tower on property located on the south side of First
Colonial Road, approximately 270 feet west of Collection Creek Way
(GPIN 2408453220). DISTRICT 5 - LYNNHA VEN
The following conditions shall be required:
1. The site and tower shall be developed substantially in accordance with the submitted
development plans entitled "OMNIPOINT COMMUNICATIONS CAP OPERATIONS, LLC",
prepared by Atlantis Group, Inc., and dated 10/03/5. Said plan has been exhibited to the Virginia
Beach City Council and is on file in the Virginia Beach Department of Planning.
2. The proposed tower and equipment shed shall be designed to accommodate two users.
3. The Director of Planning may allow the installation of a type of antenna different from that
shown on the plans described in Condition 1 if the Director determines that the proposed antenna
type will not result in any undue impact beyond the antenna type shown in the plan described in
Condition 1 and a structural report is submitted from a licensed structural engineer stating that
the tower, with the proposed antennas, meets the structural standards established by the
Electronics Industry Association and the local building code.
4. The proposed tower shall not exceed 120 feet in overall height, and shall be a spun concrete pole
that meets or exceeds the structural criteria in the zoning ordinance. The proposed field lights
shall be approved by the Department of Parks and Recreation prior to their installation.
5. The type, quantity and location of landscaping within the telecommunication tower lease area
landscape buffer shall be consistent with section 232(b)(8) of the City Zoning Ordinance and
shall be subject to the review and approval of the Department of Parks and Recreation.
6. The fencing around the proposed telecommunication tower shall be black vinyl-coated chain-link
fence or similar specification approved by the Department of Parks and Recreation.
7. The Department of Parks and Recreation shall be notified seven (7) business days in advance to
any proposed work within the 15-foot wide access easement and 10-foot wide utility easement.
8. Prior to construction, the applicant shall provide City staff with a letter from a licensed
structural engineer stating that the tower, with the planned flush mounted antenna arrays and the
ball field light fixture, meets the structural standards established by the Electronics Industry
Association and the local building code.
October 10,2006
- 45 -
Item v'J. 9.
PLANNING
ITEM # 55695 (Continued)
9. In addition to the NIER letter filed with this application, the applicant shall also provide a letter
from a licensed radio frequency engineer noting that the cumulative non-ionizing electromagnetic
radiation emitted from the tower does not exceed, at ground level, the lowest applicable
standards established by the Federal government or the American National Standards Institute.
10. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and
Information Technology (COMIT), a radio frequency emissions study (RF study), conducted by a
qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the
intended user(s) will not interfere with any City of Virginia Beach emergency communications
facilities, shall be provided prior to site plan approval for the original tower and for all
subsequent users.
11. In the event interference with any City emergency communications facilities arises from the
user(s) of this tower, the user(s) shall take all measures reasonably necessary to correct and
eliminate the interference. If the interference cannot be eliminated within a reasonable time, the
user shall cease operation to the extent necessary to stop the interference.
12. In the event that antennae on the tower are inactive for a period of two years, the tower shall be
removed at the applicant's expense and replaced with a light pole to match the other light poles
in place at this location.
This Ordinance 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 Tenth of October Two Thousand
Six.
Voting:
10-1 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
October 10, 2006
- 46-
Item v'J.I0.
PLANNING
ITEM # 55696
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution DIRECTING the Planning Commission study means of regulating bars and nightclubs,
TRANSMITTING to City Council recommended amendments no later than the Planning
Commission's November 8, 2006 meeting, re:
(Ordinance to AMEND SS111, 233.1, 701,901,1001,1501,1511 and 1521 of the City
Zoning Ordinance [CZO] to DEFINE the terms ''Alcoholic Beverage" and "Bar" or
"Nightclub"; REQUIRE Conditional Use Permits for same and ESTABLISH other
regulations in the H-1, B-1, B-2, B-3, B-3A, B-4, B-4C, B-4K, 1-1, 1-2, RT-1, RT-2 and
RT-3 Zoning Districts)
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary
Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 2006
1 A RESOLUTION DIRECTING THE PLANNING
2 COMMISSION TO STUDY MEANS OF REGULATING BARS
3 AND NIGHTCLUBS, AND TO TRANSMIT TO THE CITY
4 COUNCIL RECOMMENDED AMENDMENTS TO THE CITY
5 ZONING ORDINANCE CONCERNING SUCH REGULATION
6
7
8 WHEREAS, the public necessity, convenience, general welfare
9 and good zoning practice so require;
10 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
11 VIRGINIA:
12
That the Planning Commission is hereby directed to study
13 means of regulating of bars and nightclubs wi thin the City of
14 Virginia Beach, and to transmit to the City Council recommended
15
amendments
to
the
City
Zoning Ordinance
concerning
such
16 regulation.
17
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19 That the Planning Commission be, and hereby is, directed to
20 complete its study and transmit to the City Council its
21 recommendations no later than its November 8, 2006 meeting date.
22 Adopted by the City Council of the City of Virginia Beach,
23 Virginia, on the 10th day of October, 2006.
APPROVED AS TO LEGAL
~;tf.
City Attorney's Office
1
CA-10186
OIO\land use\codechanges\barsreferra12RES
R-l
October 9, 2006
24
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AN ORDINANCE TO AMEND SECTIONS 111, 233.1,
701, 901, 1001, 1501, 1511 AND 1521 OF THE
CITY ZONING ORDINANCE, DEFINING THE TERMS
"ALCOHOLIC BEVERAGE" AND "BAR OR NIGHTCLUB, II
REQUIRING CONDITIONAL USE PERMITS FOR BARS
OR NIGHTCLUBS AND ESTABLISHING OTHER
REGULATIONS PERTAINING TO BARS OR NIGHTCLUBS
IN THE H-1, B-1, B-2, B-3, B-3A, B-4, B-4C,
B-4K, 1-1, 1-2, RT-1, RT-2 AND RT-3 ZONING
DISTRICTS
SECTIONS AMENDED: City
Sections 111, 233.1, 701,
1511 and 1521
Zoning Ordinance
901, 1001, 1501,
16
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
17
BEACH, VIRGINIA:
18
That Sections 111,233.1,701,901,1001,1501,1511 and
19 1521 of the City Zoning Ordinance are hereby amended and
20 reordained to read as follows:
21
22 Sec. 111. Definitions.
23
For the purpose of this ordinance, words used in the
24 present tense shall include the future; words used ln the
25 singular number include the plural and the plural the singular;
26 the use of any gender shall be applicable to all genders; the
27 word "shall" is mandatory; the word "may" is permissive; the
28 word "land" includes only the area described as being above mean
29 sea level; and the word "person" includes an individual, a
30 partnership, association, or corporation.
1
31 In addition, the following terms shall be defined as herein
32 indicated:
33
34
Alcoholic beverage. Alcohol, spirits, Wlne and beer, or any
Bar or nightclub.
A commercial establishment in which
41
42 food, beverages and meals are served and consumed, including any
43 areas set aside for their storage or preparation, and which (1)
44 has an occupant load density, as determined by the Building
45 Official, of ten (10) square feet or less per person; and (2)
46 serves alcoholic beverages at any time between midnight and 6
47 a.m., except where service of alcoholic beverages is incident to
48 a wedding, banquet or similar function not open to the general
49 public.
50
51
Eating and drinking establishment
or restaurant.
A
52 commercial establishment where food, beverages and meals are
2
53 served and consumed, including any areas set aside for their
54
storage or preparation, but not including bars or nightclubs.
55
COMMENT
56
57
58
59
60
61
62
63
64
65
66
The amendments add a definition of the term "alcoholic beverage" (essentially the same
definition as appears in Virginia Code Section 4.1-100), and clarify that the term "restaurant" is
used interchangeably with "eating and drinking establishment" in the City Zoning Ordinance.
The amendments also establish a distinction between restaurants and bars or nightclubs.
The latter are characterized by occupant load densities of 10 square feet or less per occupant and
service of alcoholic beverages between midnight and 6 a.m., except if alcoholic beverages are served
as part of a wedding, banquet or similar function not open to the general public.
Sec. 233.1.
Ea.ting
a.nd
drinking
cl3ta.blil3hmcnts
scrving
67
a.lcoholic bcverages Bars or nightclubs.
68
(a) Requirements.
In addition to general requirements,
69 bars or nightclubs eating and drinking eotabliohmento ',;hich
70 oerve .:llcoholic bever.:lgeo, ao dcfined in oection 4 2 of the Code
71 of Virginia, for on premioeo conoumption .:lnd ".;hich .:lre loc.:lted
72 w-3:-Ehin five hundred (SOD) feet of any reoidenti.:ll or ap.:lrtment
73 €fl.-gtrict or h.:lve on oite p.:lrking ",;ithin three hundred (300) feet
74 e-E-.:lny reoidential or .:lpartment diotrict, or 'v;hich .:lre loc.:lted
75 -i-fr. the RT I, or T,,;ithin the RT 2 or RT 3 Reoort Touriot Diotrict,
76 shall be subject to the following requirements, which shall be
77 deemed to be conditions of the conditional use permit:
78 +a+ (1) Category VI landscaping shall be installed along any
79
80
81
lot line adjoining a residential or apartment district
without an intervening street, alley or body or water
greater than fifty (50) feet In width. The fencing
3
82
83
84
85
element of such landscaping shall not be less than SlX
(6) feet nor more than eight (8) feet 1n height.
Landscaping shall be maintained 1n good condition at
all times-:-L
86 +e+~ The operation of such establishments shall not disturb
87
88
89
90
91
the tranquility of residential areas or other areas in
close
proximi ty or
otherwise
interfere
wi th the
reasonable use and enj oyment of neighboring property
by reason of
excessive
noise,
traffic,
overflow
parking and litter-:-L
92 +e+ ~ Operators of such establishments shall not allow
93
94
95
96
97
98
99
100
101
loitering or congregations of
individuals 1n the
parking
lot
or
other
exterior
portions
of
the
premises, except for areas in which the consumption of
alcoholic beverages 1S specifically permitted by the
terms
of
the
establishment's
Alcoholic
Beverage
Control license, and shall keep all entrance and exit
doors closed at all times of operation, except to the
extent necessary to allow patrons, employees or other
persons to enter or exit the establishment-:-; and
102 +a+ (4) Such establishments shall be required to implement any
103
104
other reasonable measures the city council deems
necessary or appropriate to minimize noise or other
4
105
106
107
potential adverse effects upon neighboring rc~idcnti~l
areas.
(b) Violations.
A violation of any of the aforesaid
108 requirements shall be grounds for revocation of the conditional
109 use permit in accordance with the provisions of Section 221(h) i
110
provided,
however,
that where a bar or nightclub has not
III previously been found to be in violation of the conditional use
112
permi t,
the Zoning Administrator shall glve notice of the
113 violation to the property owner or operator of the establishment
114 alleged to be in violation of the conditional use permit and
115 allow a reasonable time for the violation to be corrected or
116 remedied prior to the institution of proceedings to revoke the
117
conditional use permit
under Section 221 (h) .
Any finding by
118 the Zoning Administrator that a bar or nightclub is in violation
119 of the conditional use permit may be appealed to the Board of
120 Zoning Appeals in accordance with Section 106.
(c) Accessory uses.
Bars or nightclubs shall not be
121
122 allowed as an accessory use in any zoning district.
123
(d)
Expansions, etc. Notwithstanding any other provision
124 of this ordinance, no conditional use permit or resolution
125
pursuant
to
Section105(d)
shall
be
required
for
the
126 enlargement, extension, reconstruction or structural alteration
127 of a bar or nightclub lawfully in existence as of October 10,
128 2006, provided that:
5
129
130
131
132
133
134
135
136
137
138
139
140
141
142
(1 )
it has not previously been found to be ln
violation
of
the
conditional
use
permit
(2 )
authorizing it, if any;
the occupant load of the bar or nightclub is not
increased
result
of
the
enlargement,
structural
as
a
extension,
reconstruction
or
alteration;
(3)
the bar or nightclub has not been expanded or
extended since October 10, 2006; and
except with respect to structural alterations or
reconstructions not resulting in an increase in
(4 )
occupant load, such bar or nightclub is not located
within an Accident Potential Zone (APZ)
It shall be a condition of any enlargement, extension,
143 reconstruction or structural alteration pursuant to this section
144 that the bar or nightclub shall thereafter be subject to the
145 standards and conditions set forth in Subsection (a) hereof.
146
Any
enlargement,
extension,
reconstruction
or
structural
147 alteration of a bar or nightclub not meeting the criteria set
148 forth herein may be allowed by the City Council in accordance
149 with Section 105 (d) or by conditional use permit, as the case
150
may be.
In the event any such standard or condition is found by
151 the City Council to have been violated, it may revoke the
152 permission to enlarge, extend, reconstruct or structurally alter
6
1_53
the establishment.
Any enlargement, extension, reconstruction
154 or structural alteration of a bar or nightclub not meeting the
155 criteria set forth herein may be allowed by the City Council in
156 accordance with Section 105(d) or by conditional use permit, as
157 the case may be.
158 COMMENT
159 The amendments to subsection (a):
160
161 (1) expand the areas in which the enumerated conditions apply;
162 (2) delete the reference to the Virginia Code definition of "alcoholic beverage" in light of
163 the addition of the definition of that term to Section 111; and
164 (3) clarify that doors may be opened when persons are entering or exiting the
165 establishment.
166
167 The amendments to subsection (b) set forth the procedure for the handling of violations of
168 conditional use permits by bars or nightclubs. The procedure is identical to that in other cases,
169 except that for a first violation, the Zoning Administrator must notify the owner or operator and
'i. 7 0 allow a reasonable time to correct the violation prior to instituting proceedings for the revocation of
L 71 the use permit.
172
173 Subsection (c) prohibits bars or nightclubs as accessory uses in all zoning districts.
174
175 Subsection (d) allows existing bars or nightclubs to be expanded, enlarged, etc. one time
176 under the circumstances set forth. The most significant limitation is that any such expansion, etc.
177 may not increase the occupant load of the establishment.
178
179
180 Sec. 701. Use regulations [Hotel District] .
181
(a)
Principal and condi tional uses. The following chart
182 lists those uses permitted within the H-l Hotel District. Those
183 uses and structures in the district shall be permitted as either
184 principal uses indicated by a "P" or as conditional uses
185 indicated by a "C." Uses and structures indicated by an "X"
7
186 shall be prohibited in the district. No uses or structures other
187 than as specified shall be permitted.
188
Use
H-l
189
190
191
192
193
194
195
196
Bars or nightclubsr subject
to the provisions of
subsection (b) (1)
c
197
(b) Accessory uses and structures. Uses and structures
198 which are customarily accessory and clearly incidental and
199 subordinate to principal uses and structures r including but not
<200 limited to:
201
(1) Within the H-1 Hotel Districtr establishments for sale
202
of gifts r
clothingr
drugs r
photographic suppliesr
203
newspapersr
and magaz ines
and
convenience goodsr
204
eating and drinking establishments and professional
205
and personal service establishments; provided that
206
such uses are accessory to hotels having fifty (50) or
207
more dwelling or lodging units for sale or for rent;
208
and provided furtherr that all such establishments
209
shall be designed and scaled only to meet the
210
requirements
of occupants
and their guests;
and
'211
provided also that there shall be no evidence of the
8
.~ 12
existence of such establishments from outside the
213
property line i and provided finally that the floor
214
area occupied by such establishments shall not exceed
215
twenty (20) percent of the floor area of the hotel or
216 motel.
21 7 COMMENT
218 The amendment allows bars or nightclubs as conditional uses in the H-l Hotel District,
2 19 subject to the requirements which are set forth in (b) (1). While those requirements expressly
220 pertain to accessory uses, they would also apply to bars or nightclubs that are allowed as
221 conditional uses in the H-l District.
222 Sec. 901. Use regulations [Business districts] .
223
(a) Principal and conditional uses.
The following chart
24 lists those uses permitted within the B-1 through B-4C Business
225 Districts. Those uses and structures in the respective business
226 districts shall be permitted as either principal uses indicated
227 by a "P" or as conditional uses indicated by a "C." Uses and
228 structures indicated by an "X" shall be prohibited in the
229 respective districts. No uses or structures other than as
230 specified shall be permitted.
9
Use
Bars or nightclubs
Eating and drinking
establishments without
drive-through windows,
when not freestanding
and incorporated
inside a mixed use
building, except as
otherwise specified ~n
this section
Eating and drinking
establishments with
drive-through windows,
except as specified
below
Eating and drinking
establishments without
drive-through windows,
except as specified
below
Eating and drinking
eotabliohmento .,.rhere
all three of the
follo.,dng occur.
1. .ll.lcoholic
be~erageo are oer~ed,
2. The eotabliohment
io loca.ted .,.rithin five
hundred (500) feet of
a reoidentia.l or
a.partment diotrict, 3.
The cota.bliohment
excludeD peroona on
the baaio of age
B-1
x
x
x
p
*
B-
1A
x
x
p
*
B-2
x
x
p
p
G
10
c
B-
3
B-3A
c
c
x
p
p
x
p
x
G
G
B-
4
B-4C
c
c
x
p
p
x
p
x
G
G
B-
4K
c
p
x
x
G
231
232
233
234
235
236
237
238
:39
240
241
242
243
244
245
246
247
248
249
~50
during ~ny p~rt of the
day or pro';ide:J
entert~inment ~udible
from ~n ~djoining
property.
(al) Outdoor cafes and outdoor plazas in the B-3A pembroke
Central Business Core District.
(a1) Outdoor cafes and outdoor plazas in the B-3A Pembroke
Central Business Core District.
(a)
Notwithstanding any contrary provision of this
ordinance,
outdoor eafes within the B-3A pembroke
Central Business Core District shall not occupy more
than one thousand (1,000) square feet of area outside
of an enclosed building.
(b)
Notwithstanding any contrary provision of this
subsection, outdoor plazas within the B-3A Pembroke
Central Business Core District shall be subject to the
following criteria:
(1 )
Outdoor plazas should be located at the
entrance to major buildings and other appropriate
areas to provide safe, attractive and accessible
public urban open spaces for those who live, work
and visit the area. The size and configuration of
outdoor plazas and attendant amenities shall be
11
251
252
253
254
255
reviewed by the Planning Director to ensure
conformance
with
these
and
other
related
objectives as set forth in the Comprehensive Plan
and Pembroke Central Business District Master
Plan; and
256
257
258
(2)
The architectural design shall conform to
the purpose and intent of the Central Business
District Master Plan.
259
(b) Accessory uses and structures.
Uses and structures
260 which are customarily accessory and clearly incidental and
261 subordinate to the principal uses and structures, including, but
262 not limited to:
263
264
265
266
267
268
269
270
271
272
273
(1) An accessory activity operated for profit in a
residential
dwelling unit where there 1S no
change in the outside appearance of the building
or premises or any visible or audible evidence
detectable from outside the building lot, either
permanently or intermittently, of the conduct of
such
business
except
for
one
nonilluminated
identification sign not more than one square foot
in area mounted flat against the residence; where
no traffic 1S generated, including traffic by
commercial delivery vehicles, by such activity 1n
12
~74
275
276
277
278
279
280
281
282
283
284
-285
286
287
288
289
290
291
292
293
294
295
296
297
(c)
(APZ-l) .
greater volumes than would normally be expected
In the neighborhood, and any need for parking
generated by the conduct of such activity lS met
off the street and other than in a required front
yardi where the activity is conducted on the
premises which is the bona fide residence of the
principal practitioner, and no person other than
members of the immediate family occupying such
dwelling unit lS employed In the activity; where
such activity lS conducted only In the principal
structure on the loti where there are no sales to
the general public of products or merchandise
from
the
homei
and
where
the
activity
is
specifically designed or conducted to permit no
more than one patron, customer, or pupil to be
present on the premises at anyone time. The
following
specifically
prohibited
are
as
accessory activities:
Convalescent
or nursing
homes, bars or nightclubs, tourist homes, massage
or tattoo parlors, radio or television repalr
shops,
repair
shops,
auto
or
similar
establishments.
Special restrictions in Accident Potential Zone 1
No use or structure shall be permitted on any property
13
298 located within Accident Potential Zone 1 (APZ-l) unless such use
299
1S
designated
as
compatible
1n APZ-l
in Table
2
( "Air
300 Installations Compatible Use Zones Land Use Compatibility 1n
301 Accident Potential Zones") of section 1804 i provided, however,
302 that any use or structure not designated as compatible shall be
303 permitted as a replacement of the same use or structure if the
304 replacement use or structure is of equal or lesser density or
305 intensity than the original use or structure.
306 COMMENT
307 The amendments set forth the Business Districts in which bars or nightclubs are allowed as
308 conditional uses. They also prohibit bars or nightclubs as accessory uses.
309
310
311 Sec. 1001. Use regulations [Industrial Districts] .
312
(a) Principal and conditional uses.
The following chart lists
313
those
uses
permitted within
the
I-I
and
1-2
Industrial
314
Districts.
Those
uses
and
structures
1n
the
respective
315 industrial districts shall be permitted as either principal uses
316 indicated by a lip" or as conditional uses indicated by a "C."
317 Uses and structures indicated by an "X" shall be prohibited in
318 the respective districts. No uses or structures other than as
319 specified shall be permitted.
320
Use
I-l
I-2
321
322
323
324
Bars or nightclubs
c
C
14
125
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
Eating and drinking establishments, except ao
opecified belm;
p
P
Eating and drinking eotabliohmento ',;here all
three of the follo~ing occur.
1. ^lcoholic be7erageo arc
oerv.ed,
2. The eotabliohrnent io loca.ted r,;ithin fi~v.e
hundred (500) feet of a reoidential or
apartment diotrict,
3. The eotabliohment excludeD peroono on the
baoio of age during any part of the
day, or provideD entertainment audible
from adjoining property.
8
e
COMMENT
The amendments require conditional use permits for bars or nightclubs located in the 1-1 and 1-
2 Industrial Districts.
Sec. 1501.
Use regulations [RT-1 District] .
(a) The following chart lists those uses permitted within
350 the RT-1 Resort Tourist District as either principal uses, as
351 indicated by a "P" or as conditional uses, as indicated by a
352 "C. II Conditional uses shall be subject to the provisions of Part
353 C of Article 2 (section 220 et seq.). No uses or structures
354 other than those specified shall be permitted. All uses, whether
355 principal or conditional, should to the greatest extent possible
356 adhere to the provisions of the Oceanfront Resort Area Design
357 Guidelines.
358
15
359
360
Use
RT-
1
Bars or nightclubs, except as specified below X
Bars or nightclubs operated in conjunction with hotels or C
motels
E.:lt ing .:lnd drinking eot.:lbliohmento, ,;rhether or
in eonj unction T.;ri th .:l hotel or motel, .,;here
follmJing occur. (i) .:llcoholic bever.:lgeo .:lre
(ii) the eot.:lbliohment e]ccludeo peroono on the
during .:lny p.:lrt of the d.:lY
not operated
both of the
oerved, .:lnd g
b.:loio of .:lge
(b)
Structures enclosing uses permitted In conjunction
361 with hotels and motels shall be subject to the following
362 requirements:
363
364
365
366
367
368
369
370
371
372
373
374
(1 )
Such structures shall be located entirely within
and shall be fully enclosed at all times by solid
exterior walls and roof with no exterior opening,
other than passageway doors as may be required by
the Virginia Uniform Statewide Building Code;
(2)
with
Except
boardwalk
cafes
respect
to
as
permitted by franchise agreements approved by the
ci ty council, no entrance or exit to the use
shall be located on the side of any structure
facing the boardwalk, unless such entrance or
exit
provides
courtyard
to
access
a
or
intervening open area, In which case such open
16
,75
376
377
area shall be fully fenced or walled to a height
of at least four
(4 )
feet and without any
entrances or exits facing the boardwalk; and
378
379
380
381
382
383
(3 )
Parking
structures
shall
be
permitted
in
conjunction with hotels and motels provided that
any ground level parking within the structure
fronting on Atlantic Avenue, the boardwalk, or
any public park or open space is prohibited
except for necessary access drives and ramps.
384
(c)
Proposed conditional uses
shall be evaluated for
385 consistency with the following criteria regarding general land
386 use, transportation, and aesthetic provisions in order to further
387 the legislative intent of the RT-1 District and the goals of the
388 Comprehensive Plan and Oceanfront Resort Area Plan:
389
390
391
(1 )
Any development or redevelopment In this area
should
contribute
to
creating
an
attractive
wholesome family resort destination;
392
393
394
(2)
The use should be consistent with the resort area
goal to promote a safe, day and night, year round
resort destination;
395
396
397
(3)
The use and structure should complement resort
activity centers and corridors and advance the
area's public and private investments;
17
398
(4 )
All development and other physical improvements,
399
such as landscaping, signs, lighting, and other
400
similar elements should strive to achieve a high
401
level of design excellence and contribute to a
402
quality image as expressed ~n the Oceanfront
403
Resort Area Design Guidelines;
404
( 5 ) All
transportation
improvements
should
be
405
designed to shift the dominant transportation
406
mode in the area from vehicular to pedestrian and
407
transit; and
408
(6)
The use should be appropriate for both local
09 residents and visitors to the area.
410 COMMENT
411 The amendments allow bars or nightclubs in the RT -1 Resort Tourist District only as a
412 conditional use in conjunction with hotels or motels.
413 Subsection (c) is shown for reference purposes only.
414
Sec. 1511.
Use regulations [RT-2 District] .
415
(a)
The following chart lists those uses permitted within
416 the RT- 2 Resort Tourist District as either principal uses, as
417 indicated by a IIP,II or as conditional uses, as indicated by a
418 IIC." Conditional uses shall be subject to the provisions of Part
419 C of Article 2 (section 220 et seq.). Buildings within the RT-2
120 District may include any principal or conditional uses in
18
121 combination with any other principal or conditional uses. No
422
uses
or
structures
other
than
those
specified
shall
be
423 permitted. All uses, whether principal or conditional, should to
424 the greatest extent possible adhere to the provisions of the
425 Oceanfront Resort Area Design Guidelines.
426
427
Use
RT-
2
Bars or nightclubs
Eating and drinking establishments, except .J.O opecified
belo'" P
Eating .J.nd drinking eot.J.bliohmento ',Jhere both of
follo',ling occur. (i) nlcoholic bc;er.J.geo .J.re oerved,
(ii) The eot.J.bliohment eJCcludeo peroono on the b.J.oio of
during .J.ny p.J.rt of the d.J.Y
c
the
.J.nd
e
.J.ge
428
429
(b) Accessory uses and structures: Uses and structures
430 which are customarily accessory and clearly incidental and
431 subordinate to the principal uses and structures; provided,
432 however, that drive-through facilities shall not be permitted:
433
(1) An accessory activity operated for profit in a
434
residential dwelling unit where there lS no
435
change in the outside appearance of the building
436
or premlses or any visible or audible evidence
437
detectable from outside the building lot, either
19
q,38
439
440
441
442
443
444
445
446
447
448
49
450
451
452
453
454
455
456
457
458
459
460
461
permanently or intermittently, of the conduct of
such business except for one (1) nonilluminated
identification sign not more than one (1) square
foot in area mounted flat against the residence;
where no traffic is generated, including traffic
by commercial delivery vehicles, by such activity
In
greater
volumes
than
would
normally
be
expected in the neighborhood, and any need for
parking generated by the conduct of such activity
is met off the street and other than in a
required
front
yard;
where
the
activity
is
conducted on the premises which is the bona fide
residence of the principal practitioner, and no
person other than members of the immediate family
occupying such dwelling unit is employed in the
activity; where such activity is conducted only
In the principal structure on the lot; where
there are no sales to the general public of
products or merchandise from the home; and where
the
activity
lS
specifically
designed
or
conducted to permit no more than one (1) patron,
customer, or pupil to be present on the premises
at
any
one
(1 )
time.
The
following
are
specifically prohibited as accessory activities:
20
~62
463
464
465
466
467
(c)
Proposed conditional uses shall be evaluated for
Convalescent
nursing
home s ,
bars
or
or
nightclubs,
tourist homes,
massage or tattoo
parlors, body plerclng establishments, radio or
television repair shops, auto repair shops, or
similar establishments.
468 consistency with the following criteria regarding general land
469
use,
transportation,
In order to
and aesthetic provisions
470 further the legislative intent of the RT-2 District and the
471 goals of the Comprehensive Plan and Oceanfront Resort Area Plan:
472
73
474
(1 )
475
476
477
(2)
478
479
480
(3 )
481
482
483
484
(4 )
Any development or redevelopment in this area
should
contribute
creating
an
attractive
to
wholesome family resort destination;
The use should be consistent with the resort area
goal to promote a safe, day and night, year round
resort destination;
The use and structure should complement resort
activity centers and corridors and advance the
area's public and private investments;
All development and other physical improvements,
such as landscaping, signs, lighting, and other
similar elements should strive to achieve a high
level of design excellence and contribute to a
21
q,85
quality image as expressed in the Oceanfront
486
Resort Area Design Guidelines;
487
( 5 ) All
transportation
improvements
should
be
488
designed to shift the dominant transportation
489
mode in the area from vehicular to pedestrian and
490
transit; and
491
(6)
The use should be appropriate for both local
492 residents and visitors to the area.
493 COMMENT
494 The proposed amendments allow bars or nightclubs as a conditional use in the RT -2 Resort
495 Tourist District. The treatment is similar to the existing treatment of eating and drinking
96 establishments where alcoholic beverages are served and where persons are excluded from the
9 7 premises on the basis of age.
498 Subsection (c) is shown for reference purposes only.
499
500 Sec. 1521. Use regulations [RT-3 District] .
501 (a) The following chart lists those uses permitted within
502 the RT-3 Resort Tourist District as either principal uses, as
503 indicated by a lip" or as conditional uses, as indicated by a
504 "C." Conditional uses shall be subject to the provisions of Part
505 C of Article 2 (section 220 et seq.). Except for single-family,
506 duplex, semidetached and attached dwellings, buildings within
507 the RT-3 District may include any principal or conditional uses
508 in combination with any other principal or conditional use. No
509 uses or structure s other than those specified shall be
22
S10 permitted. All uses, whether principal or conditional, should to
511 the greatest extent possible adhere to the provisions of the
512 Oceanfront Resort Area Design Guidelines.
513
Use
RT-
3
Bars or nightclubs
Eating and drinking establishments, cJCccpt ,:1.O opccificd p
b c 1 m;
ECl.ting Cl.nd drinking cotCl.bliohmcnto ,;hcrc both of
follm;ring occur. (i) Alcohol ic bCv'crCl.gco Cl.rc ocrvcd,
(ii) Thc cotCl.bliohmcnt CJl:cludco pcroono on thc bCl.oio of
during Cl.ny pCl.rt of thc dCl.Y
c
thc
Cl.nd
G
Cl.gc
514
15
(b) Accessory uses and structures
Uses and structures
516 which are customarily accessory and clearly incidental and
517 subordinate to the principal uses and structures; provided,
518 however, that drive-through facilities shall not be permitted as
519 an accessory use:
520
(1 )
An accessory activity operated for profit J..n a
521
residential dwelling unit where there
J..s no
522
change in the outside appearance of the building
523
or premises or any visible or audible evidence
524
detectable from outside the building lot, either
525
permanently or intermittently, of the conduct of
)26
such business except for one (1) nonilluminated
23
527
528
529
530
531
532
533
534
535
536
537
38
539
540
541
542
543
544
545
546
547
548
549
550
identification sign not more than one (1) square
foot In area mounted flat again against the
residence;
where
no
traffic
lS
generated,
delivery
including
traffic
by
commercial
vehicles, by such activity in greater volumes
than
would
normally
be
expected
In
the
neighborhood, and any need for parking generated
by the conduct of such activity is met off the
street and other than in a required front yard;
where the activity lS conducted on the premises
which is the bona fide residence of the principal
practitioner, and no person other than members of
the immediate family occupying such dwelling unit
is employed in the activity; where such activity
is conducted only in the principal structure on
the lot; where there are no sales to the general
public of products or merchandise from the home;
and where the activity is specifically designed
or conducted to permit no more than one (1)
patron, customer, or pupil to be present on the
premises at anyone time. The following are
specifically prohibited as accessory activities:
Convalescent
or
nursing
homes,
bars
or
nightclubs,
tourist
homes,
massage or tattoo
24
')51
552
553
554
(c)
parlors, body piercing establishments, radio or
television repair shops, auto repair shops, or
similar establishments.
Proposed conditional uses
shall be evaluated for
555 consistency with the following criteria regarding general land
556
use,
transportation,
and aesthetic prOVlSlons in order to
557 further the legislative intent of the RT-3 District and the
558 goals of the Comprehensive Plan and Oceanfront Resort Area Plan:
559
560
561
562
563
564
565
566
567
568
569
570
571
572
573
(4 )
(1 )
Any development or redevelopment in this area
should
contribute
creating
to
an
attractive
wholesome family resort destination;
(2 )
The use should be consistent with the resort area
goal to promote a safe, day and night, year round
resort destination;
(3 )
The use and structure should complement resort
activity centers and corridors and advance the
area's public and private investments;
All development and other physical improvements,
such as landscaping, signs, lighting, and other
similar elements should strive to achieve a high
level of design excellence and contribute to a
quality lmage as expressed in the Oceanfront
Resort Area Design Guidelines;
25
574
( 7 ) All
transportation
improvements
should
be
575
designed to shift the dominant transportation
576
mode in the area from vehicular to pedestrian and
577
transit; and
578
(8) The use should be appropriate for both local
579 residents and visitors to the area.
580 COMMENT
581 The amendments allow bars or nightclubs as a conditional use in the RT -3 Resort Tourist
582 District. The treatment is similar to the existing treatment of eating and drinking establishments
583 where alcoholic beverages are served and where persons are excluded from the premises on the
584 basis of age.
585 Subsection (c) is shown for reference purposes only.
586
87
588
Adopted by the City Council of the City of Virginia Beach,
589
Virginia, this
day of
, 2006.
590
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Planning Department
City Attorney's Office
CA-I0067
OID\Land Use\ordres\bar-nightclub ordin.doc
R-8
September 22, 2006
26
- 47-
Item v'J.ll.
PLANNING
ITEM # 55697
Reid Greenmun, 2621 Sandpiper Road, Phone: 426-5589, represented the Virginia Beach Taxpayer's
Alliance, and expressed appreciation for the Ordinance. Mr. Greenmun requested City Council review
all sections, particularly Chapter 10 of the Comprehensive Plan and the Neighborhood Revitalization
Plan, to assure all areas re Redevelopment and Housing Authority have been removed.
D. A. "AI" Ablowich, 4176 Charity Neck Road, Phone: 721-3052, distributed correspondence reflecting
a suggested change to Page 31 of the Comprehensive Plan. The Planning Commission did not address
this paragraph, which clearly states the City needs a Redevelopment and Housing Authority as an
intervention to correct blight. Said statement is hereby made a part of the record.
A MOTION was made by Council Lady McClanan, seconded by Councilman Dyer to ADOPT, AS
AMENDED*:
Ordinance to AMEND the Comprehensive Plan by DELETING
references to the establishment of a Redevelopment and Housing
Authority
*page 31 - Comprehensive Plan
SAID MOTION was WITHDRA WN.
Upon motion by Councilman DeSteph, seconded by Council Lady Wilson, City Council DEFERRED to
the City Council Session of October 24, 2006.
Ordinance to AMEND the Comprehensive Plan by DELETING
references to the establishment of a Redevelopment and Housing
Authority
The City Attorney shall work with Mr. Ablowich concerning removing those provisions advocating a
Redevelopment and Housing Authority.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, James 1. Wood and Rosemary
Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
October 10, 2006
- 48-
Item v,K.1.
APPOINTMENTS
ITEM # 55698
BY CONSENSUS, City Council RESCHEDULED:
BEACHES AND WATERWAYS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
October 10,2006
- 49-
Item v'K.2.
APPOINTMENTS
ITEM # 55699
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
Richard C. Hudson, III
Unexpired thru 12/31/06
Plus two (2) years 01/01/2007 to 12/31/2008
BUILDING CODE OF APPEALS - New Construction
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndoif, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary
Wilson
Council Members Voting Nay:
None
Council Members Absent:
None
October 10,2006
- 50-
Item V-No
ADJOURNMENT
ITEM # 55700
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:57 P.M.
az~___f.:_L~!L~_
Beverr} 0. Hooks, CMC
Chief Deputy City Clerk
Ruth Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
October 10,2006