NOVEMBER 28, 2006 AGENDA
CITY OF VIRGINIA BEACH
A COMMUNITY FOR A LIFETIME
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS Ii JONES, Bays/de - District"
WllDAM R. "Bill" DESTEPH, At-Large
HARRY E. DIEZEL Kempsville - District 2
ROBERTM. "Bob" DYER, Centerville - District I
BARBARA M. HENLEY, Princess Anne - District 7
REBA S. McCLANAN, Rase 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 HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 234568005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY A 170RNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES SMITH, MMC
28 November 2006
I.
CITY MANAGER'S BRIEFING
- Conference Room -
3:00 PM
1. CLASS ACTION - GRIP
Robert Kipper - Director of Class Action, Office of the Attorney General
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA
IV. INFORMAL SESSION
Conference Room
4:30PM
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 William Dyson
Pastor, Mount Zion AME 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
November l4, 2006
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. ORDINANCES/RESOLUTION
1. Ordinances to AMEND the City Code to comply with the State Code:
a. REPEAL SS 13-l6 through 13-22 re Food Handler's Cards superseded by a Food Service
Manager's Certification
b. REORDAIN S16-39 re Spot Blight Abatement definition
2. Ordinance to AUTHORIZE the City Manager to enter into agreements for the purchase and
acquisition ofland and buildings and to TRANSFER and ACCEPT a Grant in the establishment
of a capital project entitled "Colonial Education Center Construction and Property Acquisition"
re Lynnhaven House
3. Resolution to RENAME the Shore Drive Advisory Committee to Bayfront Advisory Committee
and EXTEND its service to June 30, 2009
1. PLANNING
l. Variance re lot size to S4.4(b) of the Subdivision Ordinance that requires all newly created
lots meet the requirement of the City Zoning Ordinance (CZO) for JAMES L. and EDYTH
A. PAXTON and CAROLYN P. JOYNER at 2821 North Landing Road. (DISTRICT 7-
PRINCESS ANNE)
STAFF RECOMMENDATION:
PLANNING COMMISSION RECOMMENDATION:
DENIAL
APPROVAL
2. Applications for Modification of Conditions re Conditional Use Permits
a. RICHMOND 20MHz, LLC dba NTELOS to allow a 10-foot extension of a
communications tower with a maximum height of one hundred (100) feet at 2100 McComas
Way (approved by City Council August 14,2001) (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROV AL
b. PHILLIPS MOTORS OF VIRGINIA BEACH, INC. to allow an additional reception area
and expand the rear of the building from one to two stories re an automobile sales facility at
4980 Virginia Beach Boulevard (approved by City Council on November 9, 2004)
(DISTRICT 4 - BA YSIDE)
RECOMMENDATION:
APPROVAL
3. Application of JAMES E. and VIRGINIA L. OWENS to DELETE Proffer No.1 and
MODIFY Proffer No.2 to allow continued use of the property known as the "Carraway House"
as a real estate office and retail shop at 317 South Witchduck Road (approved by City Council
January 14, 1980) (DISTRICT 2 - KEMPSVILLE)
RECOMMENDATION:
APPROVAL
4. Application ofT-MOBILE NORTHEAST, LLC for a Conditional Use Permit re a 120- foot
communications tower to accommodate three (3) wireless carriers at 1200 Communications
Circle (DISTRICT 4-BA YSIDE)
RECOMMENDATION:
APPROV AL
5. Application of FF ACQUISITION, LLC for a Conditional Use Permit re fuel sales and a
canopy over the fuel pumps for public convenience adjacent to the Farm Fresh at 1021
Independence Boulevard (DISTRICT 4-BA YSIDE)
RECOMMENDATION:
APPROV AL
6. Application of KEMP ENTERPRISES, INC. for a Chanf!e of Zoninf! District Classification
from R-5D Residential Duplex to Conditional A-24 Apartment re multi family dwellings at
Kenley and Bonney Roads (referred back to the Planning Commission by City Council on
September l2, 2006) (DISTRICT 2- KEMPSVILLE)
RECOMMENDATION:
APPROVAL
K. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS (BZA)
CHESAPEAKE BAY PRESERVATION AREA BOARD
COMMUNITY POLICY AND MANAGEMENT TEAM (CSA)
COMMUNITY SERVICES BOARD (CSB)
EMPLOYEE BENEFITS TASK FORCE
HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (HREDA)
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA
OPEN SPACE ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW COMMITTEE
PLANNING COMMISSION
WETLANDS BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. ABSTRACT OF VOTES - November 7, 2006 General Election
Congressional Election
N. ADJOURNMENT
CITY COUNCIL SESSIONS SCHEDULE
JANUARY 2007
COMBINE THE FIRST AND SECOND REGULAR TUESDAYS - JANUARY 9, 2007
REGULAR THIRD TUESDAY WORKSHOP - JANUARY 16,2007
THE REGULAR FOURTH TUESDAY AGENDA - JANUARY 23, 2007
********
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 11/28/06 st/mb
www.vbgov.com
"
;,0
..
..
(';/1
~~~.y
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Repeal City Code Sections 13-16 through 13-22,
Pertaining to Food Handler's Cards for restaurant Employees.
MEETING DATE: November 28, 2006
. Background: Until 1988, restaurant employees were required by the City Code
to have a "Food Handler's Card" in order to work in a food service establishment. In
1988, however, the City Council adopted an ordinance that required food service
establishments to have an employee who held a Food Service Manager's Certification.
This Certification was intended to supplant the need for individual Food Handler's Cards
for each employee, and for that reason Food Handler's Cards have not subsequently
been required by the Health Department. Although the Health Department has not
been requiring Food Handler's Cards since the inception of the Food Service Manager's
Certification, the now-superfluous City Code provisions requiring Food Handler's Cards
were not repealed.
. Considerations: The proposed ordinance would repeal the provisions of the
City Code that require a Food Handler's Card to work in a food service establishment,
as they have been superseded by the requirements for a Food Service Manager's
Certification. This is a housekeeping measure for the City Code. It will not result in any
change in the existing manner of supervision of food service establishments by the
Health Department.
. Public Information: This ordinance will be advertised as a normal agenda item.
. Alternatives: While the City Council may decline to adopt the ordinance, it
is purely a housekeeping matter and will not result in any changes in the Health
Department's supervision of restaurants in the City.
. Recommendations: Adoption of the ordinance.
.
Attachments:
Ordinance
1~I~Q
Submitting Department/Agency: Health Department
City Manager:~~ \L..Cfj ~
1
2
3
4
5
6
7
8
AN ORDINANCE TO REPEAL CITY CODE
SECTION 13-16 THROUGH 13-22,
PERTAINING TO FOOD HANDLER'S CARDS
FOR RESTAURANT EMPLOYEES
Section Repealed: City
Sections 13-16 to 13-22
Code
9
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10
BEACH, VIRGINIA:
11
That Sections 13-16 to 13-22 of the City Code be, and
12 hereby are, repealed:
13
Chapter 13 FOOD AND FOOD ESTABLISHMENTS
14 nRTICLE II. FOOD ~~LER'S CARD FOR RESTAUR~T EMPLOYEES
15 Soo. 13 16. Dofini tion.
16
For the purposeo of thio .J.rticle, the '..'ord "rcot.J.ur.J.nt"
17 oh.J.ll me.J.n .::md include .J.ny reot.J.ur.J.nt, coffee shop, c.J.feteri.J.,
18 ohort order c.J.fe, delic.J.teooen, luncheonette, hotel dining room,
19 t.J.'..'"ern, b.J.r, o.J.nd\Jich ohop, ood.J. fount.J.in, lce cre.J.m p.J.rlor,
20 mobile or port.J.ble food oer'..'"ice truck, c.J.r, \T.J.n or tr.J.iler .J.nd
21 .J.ny other public e.J.ting or drinking eot.J.bliohmcnt or food
22 seCvTlce .J.re.J. or ot.J.nd or public '/endor of food, by '..h.J.te'vTer n.J.me
23
c.J.lled,
elccluding 'vTending ffi.J.chines,
but including c.J.tering
24
ser'..'"ices,
the
dining
.J.ccoFRffiod.J.tiono
of
clubo,
.J.ll
ot.J.te
25 inotitutions .J.nd ochools .J.nd collegeo, both public .J.nd pri'..'".J.te.
26 Soc. 13 17. Euomption from articlo.
27
Thio ~rticle oh~ll not ~pply to f~cilitieo of public
28 oecvTice corpor~tiono under the juriodiction of the ot~te
29 corpor~tion cornmiooion or to the employeeo of ouch f~cilitieo.
30 Seo. 13 18. ViolatioBo of artiole.
31 nny peroon found to be in ~iol~tion of thio ~rticle oh~ll
32 be guilty of ~ Cl~oo 1 miodemc~nor. E~ch d~y th~t ouch ~
33 TvTiol~tion mdoto oh~ll conoti tute ~ oep~r~te offenoe.
34 Seo. 13 19. Required.
35
(~)
It oh~ll be unl.J.',Jful for ~ny peroon, ',Jhooe dutieo or
36 .J.ctiono ~t .J.ny time include the prep~r~tion or oer~ing of food,
37 beTvTer~geo, ice cre~m or oimil~r producto, to ',:ork in or be
38 employed by ~ reot~ur~nt, unleoo ~nd until ouch peroon h~o
39 obt~ined ~nd h~o in hiD poooeooion, '.:hile on the premloeo, ~
40 ~~lid food h~ndler'o c~rd iooued by the director of public
41 he~lth.
42
(b)
The mmer ~nd FR~n~ger of .J. reot~ur~nt oh~ll require
43 cvTery employee therein, '.:hooe dutieo or ~ctiono ~t ~ny time
44 include the prep~r~tion or oer~ing of food, bc~er.J.geo, ice cre~m
45 or oimil~r producto, to obt~in ~nd h~TvTe in hiD poooeooion, 'dhile
46 'a TvT~l~...l ""oo...l 'L-.~~...lle~'o c~~...l iooued boo the
on the premloeo, - :t::I:l::t:!:" l::t 1"1 n:l::t:t: :c:cl::t J
47 director of public he~lth.
48 Seo. 13 20. ^pplioatioB; ioouanoe.
2
49
l\pplic.J.tion for the food h.J.ndler' 0 c.J.rd required by thio
50 .J.rticle oh.J.ll be filed '.Ii th the director of public he.J.l th on
51 formo proTIided for th.J.t purpooe. Such c.J.rd oh.J.ll only be iooued
52 by the director of public he.J.lth .J.fter the .J.pplic.J.nt h.J.o
53 oucceoofully completed .J. couroe of inotruction, .J.ppro~ed by the
54 public he.J.l th dep.J.rtment, in o.J.fe food h.J.ndling, .J.nd ouch " r.J.Y,
55 l.J.bor.J.tory .J.nd phyoic.J.l e2(.J.min.J.tiono .J.O the director of public
56 he.J.lth m.J.Y deem .J.d~io.J.ble.
57 Sec. 13 21. To bear holder' 0 picture; term; reneual.
58 ~ food h.J.ndler'o c.J.rd iooued under thio .J.rticle oh.J.ll be.J.r
59 .J. current picture of the indi~idu.J.1 to '.,hom iooued .J.nd oh.J.1l be
60 TvT.J.lid for one j.'e.J.r from the d.J.te iooued. Rene'.J.J.l oh.J.ll be
61 .J.ccoffipliohed by oucceoofully completing .J.n e".J.min.J.tion, prep.J.red
62
.J.nd .J.dminiotered by the public he.J.lth dep.J.rtffient,
on food
63 h.J.ndling, or by repe.J.ting completion of .J. o.J.fe food h.J.ndling
64 inotruction couroe.
65 Sec. 13 22. Suspenoion.
66
The
director
of public he.J.lth m.J.Y ouopend the
food
67 h.J.ndler' 0 c.J.rd of .J.ny peroon '.:ho io found to be ouffering from .J.
68 cOffiHlunic.J.ble dioe.J.oe or Ilho refuoeo e".J.min.J.tion to deterffiine
69 '.:hether ouch peroon io ouffering from .J. communic.J.ble dioe.J.oe.
70
Secs. 13-16--13-22.
Reserved.
3
71 COMMENT
72 The requirement for a food handler's card has not been enforced by the Health Department
73 for twenty years, as the requirement for the Food Service Manager's Certification superseded the
7 4 requirement for every food handler to be certified. This deletion is therefore merely a
7 5 housekeeping measure.
76
77 Adopted by the Council of the City of Virginia Beach,
78
Virginia,
on
the
day
of
2006.
CA-10205
R-2
November 16, 2006
APPROVED AS TO CONTENT:
.,0,
Department
4
~~'z~.""..1A .~\~.C~
,.~ ... ~;..::
ft'< .\~
~,:" "ii~~
\"', ~ ..11
~~~*-, - ~~
\.\.~~::r
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend and Reordain Section 16-39 of the City
Code Pertaining to Spot Blight Abatement
MEETING DATE: November 28,2006
. Background: City Council adopted Section 16-39 of the City Code in 2000,
based on the Virginia statutes in effect at that time. Under the City's Spot Blight
Abatement Ordinance, the City can declare properties blighted and require that property
owners abate the blight. If they fail to do so, the City can abate the blight or acquire the
properties through condemnation. Under the Spot Blight Abatement Ordinance, two
properties have been acquired as authorized by council.
However, during the 2006 session of the General Assembly, the Virginia statutes (Va.
Code S 36-49.1:1, et seq.) providing this authority were amended. In order for the City
to continue to operate the spot blight abatement program, the City must amend the City
Code to reflect the changes to the Virginia Code.
. Considerations: The changes made by the Virginia Code do not significantly
alter the method of utilizing the spot blight abatement procedure. The significant
changes to the ordinance are more details regarding the owner of property and their
notification and a new definition of "blighted property" that is less broad than before.
. Public Information: Because this is a minor change to an existing program, the
information provided through the normal City Council agenda process is sufficient.
. Alternatives: Without this change, the spot blight abatement program would not
be fully in alignment with the Virginia Code.
. Recommendations: It is recommended that the amendment be adopted as
presented.
. Attachments: Ordinance
Recommended Action: Adoption of the Ordinance as Submitted
Submitting Department/Agency: Housing and Neighborhood Preservati
City Manager:~~ k ,~II/>t
1 AN ORDINANCE TO AMEND AND REORDAIN SECTION 16-
2 39 OF THE CITY CODE, PERTAINING TO SPOT BLIGHT
3 ABATEMENT
4
5 SECTION AMENDED: 16-39
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 16-39 of the City Code is hereby amended and
11 reordained, to read as follows:
Sec. 16-39.
Spot blight abatement.
12
13
14
(a) The City of Virginia Beach,
in accordance with Code of
15 Virginia sections 36-49.1: 1 et seq. may acquire or repair any
16 blighted property, as defined in (b) below, by exercise of the
17 powers of eminent domain provided in title 25.1 of Code of
18 Virginia, and further, shall have the power to hold, clear, repair,
19 manage, or dispose of such property for purposes consistent with
20 this section. In addition, the city may recover the cost of any
21 repair or disposal of such property from the owner, or owners of
22 record at their last known address as contained in the records of
23 the treasurer or the current real estate tax assessment records.
24
(b)
"Blighted property" means any individual commercial,
25 industrial, or residential structure or improvement that endangers
26 the public's health, safety, or welfare because the structure or
27 improvement upon the property is dilapidated, deteriorated, or
28 violates minimum health and safety standards, or any structure or
29 improvement previously designated as blighted under the process for
30 determination of "spot blight". Blighted propertieD ~re thoDe ~re~D
1
31 (including olum .:lre.:lo) '"ith buildingo or impro7emento '"hich, by
32 re.:loon of dil.:lpid.:ltion, obooleocence, oTyTercrmlding, f.:lul ty
33 .:lrr.:lngement of deoign, l.:lok of ventil.:ltion, light .:lnd o.:lni t.:lry
34 f.:lcili tieo, exoeooi 7e l.:lnd 007er.:lge, deleteriouo l.:lnd uoe or
35 oboolete l.:lyout, or .:In)' oombin.:ltion of theoe or other f.:lotoro, .:lre
36 detriment.:ll to the o.:lfety, he.:llth, mor.:llo or ~elf.:lre of the
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
cOfRfRunity.
(c) The city manager or his designee shall make a preliminary
determination that a property is blighted in accordance with this
section. The city manager or his designee shall notify the owner,
or owners of record as determined in (a) above, specifying the
reasons why the property is considered blighted. The owner or
owners shall have thirty (30) days from the date the notice is sent
within which to respond in writing with a spot blight abatement
plan to €ttre address the blight within a reasonable time. A spot
blight abatement plan is a written plan prepared by the owner or
owners of record of the real property to address spot blight.
(d) If the owner or owners of record fail~ to respond within
the thirty-day period with a written spot blight abatement plan
that is acceptable to the city manager or his designee, the city
may (i) request the planning commission to conduct a public hearing
and make findings and recommendations that shall be reported to
ci ty council concerning the repair or other disposition of the
property in question and (ii) in the event a public hearing is
2
55 scheduled, shall prepare a written spot blight abatement plan for
56 the repair or other disposition of the property.
57 (e) No spot blight abatement plan shall be effective until
58 notice has been sent to the property owner or owners of record as
59 determined in (a) above and an ordinance has been adopted by city
60 council. Not less than three (3) weeks prior to the date of the
61 public hearing before the planning commission, the commission shall
62 provide by regular and certified mail, notice of such hearing to
63 (i) the owner of the blighted property or the agent designated by
64 him for receipt of service of notices concerning the payment of
65 real estate taxes wi thin the locality; (ii) the abutting property
66 owners in each direction, including those property owners
67 immediately across the street or road from the property; and (iii)
68 the representative neighborhood association, if any, for the
69 immediate area. The notice shall include the plan for the intended
70 repair or other disposition of the property. The notice of the
71 public hearing shall be published at least twice, with not less
72 than six (6) days elapsing between the first and second publication
73 in a newspaper published or having general circulation in the
74 locality in which the property is located. The notice also shall be
75 posted on the property. The notice shall specify the time and place
76 of the hearing at which persons affected may appear and present
77 their views, not less than six (6) days nor more than twenty-one
78 (21) days after the second publication.
3
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
(3)
The plan for the repair or other disposition of the
property is in accordance with the city's comprehensive
plan, and the comprehensive zoning ordinances; and
The property is located wi thin an area listed on the
National Register of Historic Places. In such instances,
( 4 )
the
planning
commission
shall
consult
with
the
architectural review board, regarding the proposed repair
or other disposition of the property by city council.
(g) The planning commission shall report its findings and
recommendations concerning the property to city council. City
council, upon receipt of such findings and recommendations, may
after an advertised public hearing, affirm, modify, or reject the
planning commission's findings and recommendations. If the repair
or other disposition of the property is approved, the city manager
or his designee may carry out the approved plan to repair or
acquire and dispose of the property in accordance with the approved
plan, the provisions of this section, and applicable law. If the
ordinance is adopted by city council, the city shall have a lien on
4
103 all property so repaired or acquired under an approved spot blight
104 abatement plan to recover the cost of (i) improvements made by the
105 city to bring the blighted property into compliance with applicable
106 building codes and (ii) disposal, if any. The lien authorized by
107 this section shall be filed in the circuit court of the City of
108 Virginia Beach and shall be subordinate to any prior liens of
109 record. City council may recover its costs of repair from the owner
110 or owners of record of the property when the repairs were made at
111 such time as the property is sold or disposed of by such owner or
112 owners. If the property is acquired by the city through eminent
113 domain, the cost of repair may be recovered when city council sells
114 or disposes of the property. In either case, the costs of repair
115 shall be recovered from the proceeds of any such sale.
116 (h) If the blighted property is occupied for personal
117 residential purposes, city council, in approving the spot blight
118 abatement plan, shall not ~llo~ for the ~cquioition of acquire by
119 eminent domain such property if it would result in a displacement
120 of the person or persons living in the premises. The provisions of
121 this subsection shall not apply to acquisitions, under an approved
122 spot blight abatement plan, by the city of property which has been
123 condemned for human habitation for more than one year. In addition,
124 if the city is exercising the powers of eminent domain in
125 accordance with title 25.1 of Code of Virginia, it may provide for
126 temporary relocation of any person living in the blighted property
5
127 provided the relocation is wi thin the financial means of such
128 person.
129
(i)
In lieu of the acquisition of blighted property by the
130 exercise of the po~ero eminent domain ~o herein pro~ided and in
131 lieu of the exercise of other powers granted in subsections (a)
132 through (g), city council by ordinance, may declare any blighted
133 property to constitute a nuisance, and thereupon abate the nuisance
134 pursuant to Code of Virginia section 15.2-900 or section 15.2-1115.
135 Such ordinance shall be adopted only after written notice by
136 certified mail to the owner or owners of the property at the last
137 known address of such owner as shown on the current real estate tax
138 assessment books or current real estate tax assessment records.
139
(j) The provisions of this section shall be cumulative and
140 shall be in addition to any remedies for spot blight abatement that
141 may be authorized by law.
142 COMMENT
143 These amendments are required by changes made by the General Assembly to Virginia Code
144 Section 36-49.1:1, et seq, the spot blight ordinance enabling statute.
145
146 The changes clarify how to determine who is the owner of record (lines 21-24), provides a new
147 definition of "blighted property", and explains that a "plan" is a spot blight abatement plan.
148
149 Adopted by the City Council of the City of Virginia Beach,
150
Virginia, on this
day of
, 2006.
CA-I0127
V:\citylawprod\00019078.DOC
R-2
September 26, 2006
6
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL SUFFICIENCY:
UJ~ jb1 jV{uJ
City Attorney's Office
7
,
~6"
,{~~~..7~,
('~1 eil --"~'1;,',
~(ei . \~~
~;;~ ' !;>
:("'i\ . ~S.;
l~<~~., ~i/
i..;..:;~~~
""
"'--
CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM: An Ordinance to Establish CIP #3-073, "Colonial Education Center Construction
and Property Acquisition," to Complete Construction of the Colonial Education
Center and acquire property adjacent to the Lynnhaven House; Transfer
$141,100 from CIP#3-368, "Various Site Acquisitions," to CIP #3-073; Transfer
$535,000 from CIP #4-004, "Open Space Program Site Acquisition," to CIP #3-
073; Increase Local Revenues $75,000; Accept and Appropriate to CIP #3-073 a
Grant in the Amount of $250,000 from the Federal Surface Transportation
Program Through the Virginia Department of Transportation (VDOT) to Provide
for Water Transportation Museum Exhibit Project at the Colonial Education
Center at the Lynnhaven House; and, to Authorize the Long-term Lease of the
Lynnhaven House
MEETING DATE: November 28,2006
. Background:
The Lynnhaven House, located at 4405 Wishart Road, is a highly significant remnant
of Virginia Beach's colonial history. The house, located on the Bayside History Trail,
built circa 1725, is one of the few remaining examples of post-medieval architecture
in Virginia. The house has been restored and is significant for the high percentage
of original building fabric that has survived. The Lynnhaven House is a property
listed on the National Register of Historic Places (1969).
The LynnhavenHouse was deeded to the Association for the Preservation of
Virginia Antiquities (APVA), a non-profit organization based in Richmond, in 1971.
The APV A later purchased adjacent property. The APV A restored the historic
building and opened the Lynnhaven House to the public in the late 1970's. The
Southeastern Branch APVA oversaw the operation on the local level. The local
branch has undertaken a development project to construct a 4,000+ square foot
Colonial Education Center on the site to provide necessary space for educational
and community activities. The building is nearing completion, but insufficient funding
has halted construction.
The APV A has recently become APV A Preservation Virginia and their mission has
evolved into providing for statewide advocacy for preservation and has become less
focused on historic site management. On May 23, 2006, the Virginia Beach City
Council adopted an ordinance to enter into a Management and Operating
Agreement with APV A for the Department of Museums to operate the Lynnhaven
House. Operational funding in FY07 ($121,344) is allowing for the historic house to
be open on a year-round basis. The APV A Board has approved the
sale/transfer/lease of the Lynnhaven House and adjacent property to the City of
Virginia Beach.
The Federallntermodal Surface Transportation Efficiency Act (ISTEA) was
established in 1991 to provide new opportunities to enhance transportation
systems. It was followed in 1998 by the establishment of the Transportation Equity
Act for the 21st Century (TEA-21). Funding transportation enhancements is intended
to strengthen the cultural, aesthetic and environmental aspects of the nation's
intermodal transportation system. The federal funding provided via TEA-21 is
directed to localities through state governmental agencies. The Virginia Department
of Transportation (VDOT) oversees the funding program for the Commonwealth of
Virginia. .
The Lynnhaven House and APVA applied for 2004 Transportation Enhancement
funding to develop and establish the Museum of Water Transportation in the
Colonial Education Center. The Virginia Beach City Council adopted a Resolution
on February 10, 2004 requesting the Commonwealth Transportation Board to
establish the Museum of Water Transportation project.
Federal funding in the amount of $250,000 for Lynnhaven House was confirmed with
the receipt from VDOT in June 2005 of a Transportation Enhancement Program
Agreement. The City of Virginia Beach, as the local governmental entity, is required
to be the sponsoring agency and executor of Agreement. The grant must be
expended within 48 months of the availability of the Enhancement Program Federal
allocation. The grant requires a 20% local match.
. Considerations:
The Lynnhaven House property is divided into three parcels. Parcel 1-A is 1.666
acres in size and it contains a residential cottage and driveway access from Wishart
Road. The cottage is under lease through March 16 to the newly hired site Museum
Educator/Manager. The parcel has been appraised at $315,000 (7/14/05). The sale
agreement would be for this amount.
Parcel1-B is 1.861 acres and contains the historic Lynnhaven House. APVA
Preservation Virginia has offered the City a 99-year ground lease on this parcel.
Transfer of this parcel from APV A would require approval of the William W. Oliver,
Sr. family. Unanimous approval from the fourteen (14) original Deed of Gift signers
and their heirs, which was a condition in the 1971 deed, is not presently available.
Parcel1-C is 1.374 acres and contains the nearly completed Colonial Education
Center. The APV A opened a line of credit for the construction project and the
balance due is $220,000. The sale agreement would be for this amount. Funding
for the acquisition of Parcels 1-A and 1-C would be from CIP #4-004, "Open Space
Program Site Acquisition."
APVA currently does not have sufficient funding to complete the work on the
Colonial Education Center. With seven (7) open building permits related to the
construction, the City would be in a disadvantageous position to acquire the property
prior to building completion and closing of the permits. All three transactions will be
dependent upon the issuance of a Certificate of Occupancy for the Colonial
Education Center.
The primary work that remains is the site work including: water and sewer lines,
hookups to City utilities, storm drainage, and parking lot construction. Project quotes
received, including 15% for contingencies, total $241,500. In addition, interest on
the line of credit for six months would total $9,600. The Lynnhaven House has
$35,000 on hand. The Lynnhaven House has received an appropriation from the
Virginia General Assembly in FY07 of $75,000, which is provided through the
Virginia Department of Historic Resources (DHR) as a reimbursement grant. A grant
to the Lynnhaven House in the amount of $141,100 from CIP #3-368, "Various Site
Acquisitions," is recommended to bridge the gap so the building may be completed
and transferred to Virginia Beach. Any unexpended monies from the City grant
would revert to the source fund. The Lynnhaven House will pay the City $75,000 as
it is reimbursed from DHR. Local revenue is increased accordingly ($75,000).
The local government must administer TEA-21 reimbursement grants. The
Transportation Enhancement Program Agreement for the Lynnhaven House project
is between the Virginia Department of Transportation and the City of Virginia Beach.
APV A Preservation Virginia owns the Lynnhaven House and the Colonial Education
Center, but the City of Virginia Beach City Council has supported a plan to acquire
the property parcels when they can be made available.
The required action is for the City to sign the Program Agreement and accept and
appropriate the necessary funding into CIP #3-073. It is expected that the required
20% match can be qualified from funds expended by the Southeastern Branch
APV A Preservation Virginia and by services donated to them for the construction of
the Colonial Education Center, which will house the exhibits.
The Department of Museums will manage the project and administer the grant.
They will coordinate with the Public Works Department with respect to any exhibition
installation that is of a permanent nature or requires alterations to the Colonial
Education Center building or its systems.
. Public Information:
Information will be disseminated to the public through the normal process involving
the advertisement of the City Council agenda.
. Alternatives:
Do not provide funding for completion of the Colonial Education Center.
Do not acquire the Lynnhaven House property parcels 1-A and/or 1-C and do not
enter into a long-term lease for Parcel 1-8.
Do not accept the TEA-21 grant or appropriate the funds.
. Recommendations:
Adoption of attached ordinance.
. Attachments:
Ordinance
Summary of Terms
Recommended Action: Adoption
~
Submitting Department/Agency: Department of Museums
City Manage,U \~, G8~
1
2
3
4
5
6
7
8
9
10
11
12
13
AN ORDINANCE APPROVING AND
AUTHORIZING FOR PUBLIC
PURPOSES THE ACQUISITION OF
THE LYNNHAVEN HOUSE AND
ADJACENT PROPERTY LOCATED AT
4401, 4405 and 4409 WISHART
ROAD IN THE CITY OF VIRGINIA
BEACH, VIRGINIA AND
ESTABLISHING CAPITAL PROJECT
NUMBER 3-073 "COLONIAL
EDUCATION CENTER CONSTRUCTION
AND PROPERTY ACQUISITION"
14
WHEREAS, the Lynnhaven House is a property listed
15 on the National Register of Historic Places (1969) located
16 at 4405 Wishart Road in the City of Virginia Beach,
17 Virginia (the "City") containing a total of approximately
18 1.861 acres, owned by the Association for the Preservation
19 of Virginia Antiquities ("APVA") and shown as "Parcel I-B"
20 on the attached Exhibit Ai
21
WHEREAS, adjacent to Parcel I-B is a 1.666 acre
22 parcel of property containing a residential cottage, owned
23 by the APVA and shown as "Parcel I-A" on Exhibit Ai
24
WHEREAS, also adjacent to Parcel I-B is a 1.374
25 acre parcel of property containing the Colonial Education
26 Center, currently under construction, owned by Lynnhaven
27 House, LLC and shown as "Parcel l-C" on Exhibit A.
Parcel
28 I-A, Parcel I-B and Parcel l-C are referred to herein as
29 the" Property" i
30 WHEREAS, the APVA has agreed to convey fee simple
31 title to Parcel 1-A to the City for the amount of $315,000;
32
WHEREAS, the APVA has agreed to lease Parcel 1-B
33 to the City for 99 years for $1.00 per year;
34
WHEREAS,
Lynnhaven House,
LLC has agreed to
35 convey fee simple title to Parcel 1-C to the City for the
36 amount of $220,000;
37 WHEREAS, the City desires to acquire the Property
38 as set forth above, upon completion of the Colonial
39 Education Center, and the City Council desires to enter
40 into agreements of sale, a lease and other agreements
41 necessary to acquire the Property;
42 WHEREAS, funding for the acquisition and lease of
43 the Property is included in CIP #4-004 (Open Space Program
44 Site Acquisition);
45 WHEREAS, the City Council desires to establish
46 CIP #3-073 (Colonial Education Center Construction and Land
47 Acquisition) to fund the acquisition, construction, exhibit
48 development, and other improvements for Lynnhaven House
49 WHEREAS, the Lynnhaven House has been awarded a
50 $250,000 reimbursement TEA-21 grant for construction and
51 design of a Water Transportation Museum Exhibit in the
52 Colonial Education Center and the City is required to be
53 the project sponsor;
54 WHEREAS, a required in-kind match of $50,000
55 (20%) for the TEA-21 grant from non City funds will be
56 provided through monies spent on building construction and
57 services rendered;
58 WHEREAS, the City Council desires to provide a
59 grant in the amount of $141,100 and accept and appropriate
60 a $75,000 reimbursement grant from the Commonwealth of
61 Virginia to Lynnhaven House, LLC to complete construction
62 of the Colonial Education Center;
63 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
64 THE CITY OF VIRGINIA BEACH, VIRGINIA,
65
1.
That
the City Council
authorizes
the
66 acquisition, by purchase, for public purposes of the 1.666
67 acre parcel of property containing a historic residential
68 cottage, owned by the APVA and shown as "Parcel I-A" on
69 Exhibi t A.
70
2.
That
the
City Council
authorizes
the
71 acquisition, by purchase, for public purposes of the 1.374
72 acre parcel of property containing the Colonial Education
73 Center, currently under construction, owned by Lynnhaven
74 House, LLC and shown as "Parcel l-C" on Exhibit A.
75
3.
That the City Council authorizes the lease
76 of the 1.861 acre Lynnhaven House parcel, owned by the
77 Association for the Preservation of Virginia Antiquities
78 ("APVA") and shown as "Parcel 1-B" on the attached Exhibit
79 A.
80
4.
That the City Manager or his designee is
81 authorized to execute on behalf of the City of Virginia
82 Beach an Agreement of Sale for the purchase of the Parcel
83 1-A for the sum of $315,000 and in accordance with the
84 terms contained in the Summary of Terms attached hereto as
85 Exhibit B.
86
5.
That the City Manager or his designee is
87 authorized to execute on behalf of the City of Virginia
88 Beach an Agreement of Sale for the purchase of the Parcel
89 1-C for the sum of $220,000 and in accordance with the
90 terms contained in the Summary of Terms attached hereto as
91
92
Exhibit B.
6 .
That the City Manager or his designee is
93 authorized to execute on behalf of the City of Virginia
94 Beach a Lease for Parcel 1-B in accordance with the terms
95 contained in the Summary of Terms attached hereto as
96 Exhibit B.
97
7.
That the City Manager or his designee is
98 authorized to execute all documents that may be necessary
99 and appropriate in connection with the purchase of Parcel
100 I-A and Parcel l-C and for the lease of Parcel I-B so long
101 as such documents are acceptable to the City Manager and
102 the City Attorney.
103 8. That CIP #3-073, "Colonial Education
104 Center Construction and Land Acquisition" is hereby
105 established in the FY 2006-07 Capital Budget to fund the
106 acquisition, construction, exhibit development, and other
107 improvements for Lynnhaven House.
108
9.
That
CIP
#3-073,
"Colonial
Education
109 Center Construction and Land Acquisition" is hereby amended
110 for the purposes and amounts set forth below:
111
112
113
114
115
116
117
118
119
120
121
122
a. $141,100
#3-368,
b. $535,000
#4-004,
is hereby transferred from
"Various Site Acquisitions."
is hereby transferred from
CIP
CIP
"Open
Space
Program
Site
Acquisition."
c. That $250,000 of TEA-21 funding is hereby
accepted and appropriated for construction
and design of a Water Transportation
Museum
Exhibit,
with
federal
revenue
increased accordingly.
d. Tha t
$75,000
lS
hereby
the APVA
accepted and
Preservation
appropriated
from
123
Virginia, with local revenue increased
124
accordingly.
125
10.
That the City Council authorizes a grant to
126 Lynnhaven House, LLC in the amount of $216,100 from CIP #3-
127 073, which includes $141,100 of City funds and a $75,000
128 reimbursement grant from the Commonwealth of Virginia, to
129 complete construction of the Colonial Education Center.
130
131
Adopted by the Council of the City of Virginia
132
Beach, Virginia, on the
day of
133 2006.
CA10106
11/20/2006
R-1
V:\applications\citylawprod\cycom32\Wpdocs\D015\P001\OO023536.DOC
AP~:J1NT:
Department of Museums
APPROVED
~
APPROVED AS
SUFFICIENCY:
TO
LEGAL
'V"",
EXHIBIT A
PARCEL DESCRIPTION
PARCEL 1-A
Cottage Parcel
1.666 acre designated as Parcel 1-A on that certain
plat entitledl "Subdivision of Property of Association
for the Preservation of Virginia Antiquities" recorded
in the Circuit Court of the City of Virginia Beachl
Virginia as Instrument Number 200404230063893.
PARCEL 1-B
Lynnhaven House (historic structure)
1.861 acres designated as Parcel
aforementioned plat.
1-B
on
the
PARCEL 1-C
Colonial Education Center
1.374 acres designated
aforementioned plat.
as
Parcel
1-C
on
the
EXHIBIT B
SUMMARY OF TERMS
Parcell-A:
. 1.67 acres
. Owned by APV A
. Contains 1000 square foot residence currently under lease to City employee
(expires 03/07)
. City to acquire by purchase for $315,000 (appraised value as of 7/05)
. Closing to occur upon receipt of C/O for CEC building
. To be rezoned to P-1
Parcel1-B:
. 1.86 acres
. Owned by APV A
. Contains historic Lynnhaven House - currently under City management pursuant
to a Management and Operating Agreement (expires 3/31/07)
. APV A needs approval from all original grantors (or their heirs) in order to convey
- does not have all approvals
. City to enter into 99-year lease for nominal rent (City pays costs to maintain and
operate)
. Commencement of lease to occur upon receipt of C/O for CEC building
. City has right to purchase property for $1.00 if/when APV A able to convey
. APV A to transfer collection of antique furnishings and objects located in the
historic house to the City - City to give APV A right of first refusal should City
wish to transfer any collection item to a third party
. To be rezoned to P-1
Parcel1-C:
. 1.37 acres
. Owned by L ynnhaven House, LLC
· Contains 4100 square foot Colonial Education Center
Building is substantially complete (subject to punch list), but no C/O
because site work and utility connections not complete
$251,100 = budgeted cost to complete and obtain C/O
APV A has $35,000 available in cash, and an additional $75,000
available as a state historic preservation grant (reimbursement grant-
requires 1: 1 match) - total of $11 0,000
· City to grant $216,100 to Lynnhaven House, LLC to complete building and obtain
C/O
$75,000 to be paid back to City upon APV A receipt of funds from
reimbursement grant
Lynnhaven House, LLC to deliver Note for $75,000 upon closing of
acquisition of property if$75,000 not yet paid to City
$141,100 = actual out of pocket for City
. City to purchase property for $220,000 (line of credit balance)
. Closing to occur upon receipt of C/O for CEC building
. To be rezoned to P-1
~
'{~-":"'.I.'~"':?~.')
<"Pl'!II . ~"<'
f&i . i~~
\:\- !;>
(<:~ -ffI!8II'j~ /1
~~\~#~~~J
~~~...
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Resolution Extending and Renaming the Shore Drive Advisory
Committee and Reaffirming its Mission
MEETING DATE: November 28,2006
. Background:
The City Council established the Shore Drive Advisory Committee (SDAC) in
February, 1998. The Mission of the SDAC as redefined by the City Council on
February 3, 2004 is to:
#
Familiarize itself with the Urban Land Institute's Bayfront Study and the
various uses associated with development of the Corridor;
Develop an aesthetics and urban design plan for the Corridor using the
Bayfront Study as a foundation for such plan;
Identify a series of recommended projects and actions to implement the
aforesaid aesthetics and urban design plan, and to prioritize such projects
and plans;
Facilitate the establishment of public-private partnerships to achieve the
goals and recommendations of the Urban Land Institute's Bayfront Study
and the Committee;
Investigate alternative funding sources for projects within the Corridor;
Engage in public information efforts regarding the Committee's work and
efforts; and
Monitor the progress of those projects and plans which are implemented.
#
#
#
#
#
#
The SDAC continues to perform its duties and responsibilities and performs a
vital function assisting the Council in determining the appropriate course of action
to take with respect to the Shore Drive (Bayfront) Corridor. In the course of its
work over the past year, the Committee has recognized, with significant input
from the community, that its mission applies not only to those lands directly
fronting on Shore Drive, but also to those adjoining areas that comprise the
Shore Drive Corridor Overlay District, as defined in Article 17 of the City Zoning
Ordinance. The SDAC and community routinely refer to this larger area as the
Bayfront area; hence the recommendation to rename the SDAC accordingly and
realign its mission to reflect this relationship with the larger area.
The SDAC also needs an extension of time to accomplish the mission with which
it has been charged.
Shore Drive Advisory Committee
Page 2 of 2
. Considerations:
The SDAC is currently involved with the review of the relevant laws and studies
that have been done in the Bayfront Corridor to determine if there are revisions to
be made and continues to provide the assistance to City Council and citizens that
is the crux of its mission
. Recommendations:
Approval of the resolution to extend and rename the Shore Drive Advisory
Committee and reaffirm its mission.
. Attachment:
Resolution
Recommended Action: Staff recommends approval.
Submitting DepartmentlAgencr Planning Department~
City Manager: ~J ~ 'Od 6<J"L
1
2
3
RESOLUTION EXTENDING AND RENAMING
THE SHORE DRIVE ADVISORY COMMITTEE
4
WHEREAS, in February of 1998, the City Council of the City
5 of Virginia Beach established the Shore Drive Advisory Committee
6 (the "SDAC");
7
WHEREAS, the SDAC continues to perform its duties and
8 responsibilities and performs a vital function assisting the
9 Council in determining the appropriate course of action to take
10 with respect to the Shore Drive Corridor; and
11
WHEREAS, the SDAC, with citizen input, has determined that
12 a more appropriate name for the Shore Drive area is the
13
"Bayfront"
in
reference to
its
close
connection to the
14 Chesapeake Bay, and it desires that its name be changed to
15 reflect this designation.
16
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
1 7 OF VIRGINIA BEACH, VIRGINIA:
18
1.
That City Council hereby changes the name of the Shore
19 Drive Advisory Committee to the Bayfront Advisory Committee; and
20
2 .
That City Council hereby extends the Bayfront Advisory
21 Committee ("BAC") until June 30, 2009.
22 Adopted by the Council of the City of Virginia Beach,
23
Virginia, on the
day of
, 2006.
CA-10194
V:\applications\citylawprod\cycom32\Wpdocs\D019\P001\O0022257.DOC
R-2
October 19, 2006
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~ H-o'
Planning Department
2
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Subdivision Variance for James L. & Edyth A. Paxton & Carolyn P. Joyner
to create one (1) lot. The proposed lot does not meet minimum lot width
requirements. Property is located at 2821 North Landing Road (GPINs
1493485970; 1493495579). DISTRICT 7 - PRINCESS ANNE
MEETING DATE: November 28,2006
. Background:
The submitted subdivision plat depicts five parcels, labeled '8' through "E' and a
'Residual Parcel.' Parcels 8, C, D, and the Residual Parcel currently exist. The
purpose of this variance is to create a new parcel, shown as E, from Parcel D
and the Residual Parcel. There are existing single-family dwellings on Parcels 8,
C, D, and the western portion of the Residual Parcel. The combined parcels, 8
through E, have 733.02 feet of frontage on North Landing Road.
. Considerations:
It is the intent of the applicant to subdivide 1 acre from the Residual Parcel and a
portion of Parcel D. The boundaries of Parcel D will be modified to maintain its
existing size of 1.05 acres. The proposed new lot (Parcel E) has 105.27 feet of
frontage on North Landing Road and 100 feet of lot width at the front yard
setback. The required lot width for the Agricultural zoning districts is 150 feet.
During the past 40 years, these parcels have been created from and, in one
case, recombined with a larger parcel, of which the Residual Parcel on the
submitted plat is the currently remaining portion. 8ased on the 1994
amendments to the City Zoning Ordinance for Agricultural districts, "any lot
fifteen (15) acres or larger meeting the requirements of section 200(a) of this
ordinance lawfully created on or prior to the effective date of this ordinance may
be subdivided of right into a total of two (2) building sites provided that each lot
satisfies all state and local development regulations," (Section 402(b), City
Zoning Ordinance). Since the Residual Parcel was created in 1993 and has over
15 acres, it may, therefore, be subdivided. However, any subdivision must satisfy
all state and local regulations. The proposed Parcel E cannot satisfy the local
zoning regulations, as the lot width does not meet the required 150 feet.
The past subdivisions of the larger parcel have resulted in lot widths along North
Landing Road that cannot support another lot under the requirements of the
Agricultural zoning districts. Further, the combined frontage of all of the existing
parcels, 733.2 feet, is not sufficient to allow for five parcels that meet the
requirement of 150 feet. It is staff's opinion, therefore, that any hardship that
exists in this case is self-imposed, and thus, the criteria specified in the
James L, & Edyth A. Paxton and Carolyn p, Joyner
Page 2 of 2
Subdivision Ordinance for hardship justifying the granting of a variance is not
met.
The Planning Commission placed this item on the consent agenda because the
applicant provided a petition from surrounding residents supporting the request,
and there was no opposition from the public at the hearing.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 to approve
this request.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends denial. Planning Commission recommends
approval.
Submitting Department/Agency: Planning DepartmenztW
CityManag~ ~ .~
JAMES L. &
EDYTH A.
PAXTON &
CAROLYN P.
JOYNER
Agenda Item 19
October 11 , 2006 Public Hearing
Staff Planner: Stephen J. White
REQUEST:
Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots
meet all the requirements of the City Zoning Ordinance. The parcel proposed for creation does not meet
the required lot width of 150 feet; therefore, a variance is requested.
ADDRESS I DESCRIPTION: 2821 North Landing Road
GPIN: COUNCIL ELECTION DISTRICT:
1493485970; 1493495579 7 - PRINCESS ANNE
SITE SIZE:
:t 23 acres
SUMMARY OF REQUEST
Existing Lot: The submitted subdivision plat (see next page)
depicts five parcels, labeled 'B' through 'E' and 'Residual
Parcel.' Parcels B, C, D, and the Residual Parcel currently exist. The purpose of this variance is to create
a new parcel, E, from Parcel D and the Residual Parcel. The combined parcels have 733.02 feet of
frontage on North Landing Road, distributed as follows:
. Eastern portion of Residual Parcel:
. Parcel D (platted in 1993):
. Parcel C (platted in 1973):
. Parcel B (platted in 1966):
. Western portion of Residual Parcel:
105.27
152.75
150.00
100.00
225.00
The existing parcels that are the subject of this application (Parcel E and the Residual Parcel) are
approximately 23 acres in size. Parcel D is 1.05 acres with a lot width of 152.75 feet. There are existing
single-family dwellings on Parcels B, C, D, and the western portion of the Residual Parcel.
PAXTON AND JOY
Agenda Ite
N 78 ',)0'00" (
100,-00
R(SIO~AL. PARCEL.
2l acfC:l ~
W.B. 79 P. 155.
M.e, 225 p, 71
:J
r
It. &t ADJOIN~NG 5r flUBLlC
~RAlNAGE (ASEl,ICNTS
TO aE VACA'EO
OJ
.8
CJ
to
",. >-
tt! f5!~1J
~ g>Iio.'o.:
~ ,,:0
~ ~sMf
~ ~~.s<d
~ z cO ~
PIPE(')
.-lOU,DO "Irq f)
}oN"
ffiofg ~
~d~'"
0: 4?J"'&1
o ,,-
~gi's";
Z&f5 d
"
:.~
. "6
fR_::l!
~gill
;~
PIN(O
'"
't~ f1
~rJ
~., m
~
11
ill
a n:
~@l;;
n. ai
;i
'fJ
~ _~o:
~(~}r~ )l
88" <l!88
~~j ::J~r~
\".... {~ l't ~
15000'
"
'0
~~t~GE 'OF PAVfMC>if::7'
PP/ST"
PP ISTL T
20' PREVlOUS DlDlCA nON
101.3. 97 P. 38
pp
15' PREVlOUS DEOICA liON
M.B. 70 P. 45
NORTH LANDING ROAD (VAR. R/W>
..9, 3 P. 10
Proposed Lots: It is the intent of the applicant to subdivide 1 acre from the Residual Parcel and a portion
of Parcel D, which will be modified to maintain the existing 1.05 acre size. The proposed new lot (Parcel
E) has 105.27 feet of frontage on North Landing Road and 100 feet of lot width at the front yard setback.
The required lot width for the Agricultural zoning districts is 150 feet.
Jtem Parcel E
Lot Width in feet 150 100 *
Lot Area in acres 1 1
*Variance required
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Proposed Parcel E is undeveloped and vegetated.
SURROUNDING LAND
North:
. Rural residential and agriculture / AG 1 & 2 Agricultural Districts
USE AND ZONING:
South:
East:
. Forested, vegetated parcel with a single-family dwelling / AG 1
& 2 Agricultural Districts
. Villages at West Neck / PD-H1 Planned Development
. Forested, vegetated parcel with a single-family dwelling / AG 1
& 2 Agricultural Districts
. Single-family residential under development / R-30(OS)
Residential (Open Space Promotion)
. Vocational and Technical Center / PD-H1 Planned
Development
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no known significant natural resource or cultural features on
this site. The site is vegetated with grasses, several trees, and shrubs.
AICUZ:
The area where the proposed parcel would be located is in an AICUZ of
less than 65 dB Ldn surrounding NAS Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): North
Landing Road at this location is designated as a two-lane minor suburban arterial. There are no adopted
CIP projects for improvements to this roadway.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
North Landing 8,604 ADT I 13,600 ADT (Level of Existing Land Use ~ - 0
Road Service "C") - 15,000 ADT ADT
1 (Level of Service "D") Proposed Land Use 3 -
10
Average Dally Trips
2 as defined by undeveloped parcel
3 as defined by one single-family dwelling
WATER & SEWER: There is a 16-inch City water main in North Landing Road at this location. There is an 8-
inch City gravity sanitary sewer main and a 16-inch City force main in North Landing Road at this location. The
proposed parcel must connect to City water and sewer service.
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
A. Strict application of the ordinance would produce undue hardship.
B. The authorization of the variance will not be of substantial detriment to adjacent property,
and the character of the neighborhood will not be adversely affected.
PAXTON AND JO
Agenda It
P
C. The problem involved is not of so general or recurring a nature as to make reasonably
practicable the formulation of general regulations to be adopted as an amendment to the
ordinance.
D. The hardship is created by the physical character of the property, including dimensions
and topography, or by other extraordinary situation or condition of such property, or by
the use or development of property immediately adjacent thereto. Personal or self-
inflicted hardship shall not be considered as grounds for the issuance of a variance.
E. The hardship is created by the requirements of the zoning district in which the property is
located at the time the variance is authorized whenever such variance pertains to
provisions of the Zoning Ordinance incorporated by reference in this ordinance.
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends denial of this request.
Evaluation:
During the past 40 years, parcels have been created from and, in one case, recombined with a larger
parcel, of which the Residual Parcel on the submitted plat is the currently remaining portion. Based on the
1994 amendments to the Agricultural districts "any lot fifteen (15) acres or larger meeting the
requirements of section 200(a) of this ordinance lawfully created on or prior to the effective date of this
ordinance may be subdivided of right into a total of two (2) building sites provided that each lot satisfies all
state and local development regulations," (Section 402(b), City Zoning Ordinance). Since the Residual
Parcel was created in 1993 and has over 15 acres, it may, therefore, be subdivided. However, any
subdivision must satisfy all state and local regulations. The proposed Parcel E cannot satisfy the local
zoning regulations, as the lot width does not meet the required 150 feet.
The past subdivisions of the larger parcel have resulted in lot widths along North Landing Road that
cannot support another lot under the requirements of the Agricultural zoning districts, Further, the
combined frontage of all of the existing parcels, 733,2 feet, is not sufficient to allow for five parcels that
meet the requirement of 150 feet. It is staff's opinion, therefore, that any hardship that exists in this case
is self-imposed.
AERIAL OF SITE LOCATION
PAXTON AND JOYNER
Agenda Item 19
Page 5
~~
~.. ~~
~6t.o l'SH "g"O
IOV3S ~l~~d
3/il. dO OllV08 ~ .uO
..... ~VlHOj tlO ':':;5
h1
I~
~
<:
a
I..i;;..
o
CI'>I"l).SS'l';; 'it
No .fl',O$;'..Cl N iL JA ..g.;:.sz.S~ N
.59?;'>t .5$'91'\
z
~
<(
u
25
w
Cltn
","
::J'
00..
~~o
0:1:.1"-
a
.,. ai
~:i
~
W-
i;'.
3:
Jl! .OOJk.Si. N
.OO~:t
~'t Ad OL -a~"
@
"rol:!Vd
,OO'SSi::
.OO"Ci?l:
..J ...
~ :2~
~~~o:
a.,a.
....J(; \0
"II(o-coN
::Jo l""--N
O-
WN aim
~ ~~
o
a
28
~ --
il:
~
o.
00
- <::>
~:g
;::.-
S$; 'd 1:5 'S'rt
@
u::>>;Yd
z
o
;::
<(
:; ~
..... w
~ Q<()
0.. Vt~
0... ::). .
on.
5
...."
a::",
n.
o~
"'~
'"
;!;
,oerem:
,00>'1:>:
,O"Ol
Z
0::
UJ
b
0'-'
b~
l!'j-~
i:::::
,I011:$ltt
.I?'l.tr
l~
10:
I
~
..
..J "
w b
}i@o
<( tn
tL q
"-
"-
~ .00,01"'." S
.
o
a
bg
ge
~--~
~
o
.:>
o
!"
r:.
z
w
: J~H' Jl'
M_OO~'~N_ _..
..J ..
t~ .....
~o
<: 0
0.. ~
.6l'S1>t
!::l'l' '
9(1' . d loSt' 'S'O
~O;;:I'I ~osz 'a'o
), ']1/31'j~3 ~ :3So~
uu MON
Ot "0 'r 'S'W
11/1 N410HS s~
OVO~ :;u V.I\nid S.}t}lONna
...
.., ...J
J--
Ul
"-
n.
"-
I-
oo
w
~
00
...<
o
-till:
Q:!lf
....0
f.OW
"'z
!2
~Vl
~z
. W
lD~
t!)~8
z<""""
zw<
25 <.)
-,~:;
Q...:w
~(O
.Ill~o
~Ol-
~
a:
0::
~
-
ao
<-
o.
0:::0-
0""
zo:i
ZS;i
z
-<
-I
F
a:
o
z
PROPOSED SUBDIVISION
2
't.:
CS)
1
2
3
4
5
1/24/2006
8/24/2004
3/4/2003
5/11/1999
8/9/2005
Granted
Granted
Granted
Granted
Granted
ZONING HISTORY
N
.
J ~
i tlJ
~ ;
~ .8
- E
11 ~
15
;;; e
S
~I ~
~J ~
a~' E
;'" ~
...
~
~
0.
0<(
~
!
'"
!
s:..
a.
E
.,
';.~
:31
N
3:JNVIlIVA NOISIAIOaaS
o
i
m
~
'"
t
.:l
E
l!:\
IE
"'
"'
21
m
:::!'
J:>
i
_I
\i!
l'Il
(5
I
a.
!
'"
a.
I
8
'"
'"'
~
Jj!
NOI1V311ddV 3:JNVnIVA NOISIAIORnS
N
E"
;:;:;
e
~
'l5
ci.
1:
~ :51
'" :::>
t:: <Il'
Ii 9;
lli
a
IX
III
%
!i:
o
~
0:
III
G.
o
It
x
PAXTON AND JOY
Agenda
Item #19
James L. & Edyth A. Paxton & Carolyn P. Joyner
Subdivision Ordinance
2821 North Landing Road
District 7
Princess Anne
October 11, 2006
CONSENT
Janice Anderson: The next matter is agenda item #19. That is the application of James
L. and Edyth A. Paxton and Carolyn P. Joyner. This is an Appeal to Decisions of
Administrative Officers regarding the Subdivision Ordinance, regarding property located
at 2821 North Landing Road, in the Princess Anne District. Mr. Bourdon?
Eddie Bourdon: Thank you Ms. Anderson. Again, for the record, Eddie Bourdon,
representing the applicants, who are all here along with Steve and Emily, the couple who
will be building a house on this lot. So, there are three generations on the same piece of
property. We appreciate being on the consent agenda.
=
Janice Anderson: Thank you. Is there any opposition to this matter being placed on the
consent agenda? Now, Mr. Henley, you can review this please.
Al Henley: This is a subdivision variance for Section 4.4(b) of the Subdivision
Ordinance that requires all newly created lots meet all the requirements of the City
Zoning Ordinance. The location of the address is 2821 North Landing Road. For the past
40 years, the City of Virginia Beach has studied the agricultural area and has made some
new recommendations and changes to the past recommendations. This particular parcel
has been in the family for a number of years, and the applicant wishes the grandson to,
and if I'm understanding it, to build a residential home there and reside on the family
property. Due to the agriculture big changes, this particular site does not meet the 150
foot minimum road frontage. It is just barely under that. Due to this change in the
requirements of the Agriculture District, the applicant has worked with the neighbors and
the area where the people are living in a particular area. They have all signed a petition
and they are completely in favor of this. So, based on the hard work of the property
owner, the long time good standing with the neighborhood, the Planning Commission is
recommending approval on this application. Thank you.
Janice Anderson: Thank you Mr. Henley. Mr. Chairman, I have a motion to approve the
following agenda item for consent. It is agenda item #19.
Barry Knight: Thank you. We have a motion on the table. Do I have a second? Mr.
Henry Livas has seconded it. Is there any discussion? There is a motion on the floor to
approve the consent agenda item by Jan Anderson and a second by Henry Livas. I'll call
for the question.
Item #19
James L. & Edyth A. Paxton & Carolyn P. Joyner
Page 2
AYE 9 NAY 0 ABSO ABSENT 2
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
KA TSIAS AYE
KNIGHT AYE
LIVAS AYE
RIPLEY AYE
STRANGE AYE
WALLER ABSENT
WOOD ABSENT
Ed Weeden: By a vote of 9-0, the Board has approved item #19 for consent.
=
.J
C>
~
2..
<
~
.CO:
c::....
0""
--"
.~
o
{IlO
0...,
tiS 50
...s::!.......o
+0 ,,::::l
"OU'~
-B-s-
{Il <H.t..s.. 0
...."0 0
-8;~
~ goO
ow-s
>. .... c....
?,..c::o
."0 >.
U Cl .'~'
d. at'l::
>. ,,0
o u';r
';. ~s
:""'00
- ...... roO
S -
~ ~.~
"0.0-8
m.8'~
dO
o "..~
..c::...."'"
o.O~
B-5.oo
Cl)OO
....80\
c.S' ,,<n 0\
od.~
.~~~
(Il Q, 0
bOoc;S
d ... .0
.- ell
"Ol)
l.s{ll
.o,'~.'.'."E
o ~
t..s .~. >.
~. ~.....
o~
~ -.....
- 0......
00..
e a 0
c;SA.4'c2
t'laa <<>
Q::::S~' ....
d~o .~
0... '. rIl -:S 8
.... 0 ..
~ p;::: tiS 0
e"O"t1c....
o ~'g 0
U .;:J.. i:l
-5 to ~. 0
~."U oS
p 8 0
.~ . a fI) -E;.
;> A.4 (IS '&
~8~ ~
~'-.&8 .;5
"'""tJ8_
<<I B A.4 t)
...." a:t ..0
oJo >. 8
0...._
do..O-
be) >-
''-;0 .~. '!;:!
~...o 0 ..~
o .- -OQ "0
"Oi ~fJ
a ~ 0
o J~. 4:'0
-5. 1)~ ~
v~.~ -
~Ac.~.~
~ '-.Q. '-.1
4) () .J) ~
, < \ 0 -.g ~ ~ 0
\\ N :r ? J
<...f'. ~
'- - \n -..... ~
0 N ~ .......... '- .
~ \ I ...... ---
to .......... ~ (j'. 0 I (J' ~
"
V:.
(~
'\
tI'l ~ .
tI'l ~ ~ Z
~ ~
"0 ()
< ~ ,-
}- 0
~ '-..... 4)
~ '-... r
~
~ =
~ ~
'-
~ ~
0 ~
~
~. )
~ ~ ~ 4
\u l).
A.4 d' \.10
,
~
IJ
\.-
....; N cri
'l:'5 t'
-
"
~
(j ~ ~ J ->> 'd
~ ~ 0
, I C) ( ~ dv
~ t \ , <:) ~
~ ........ '- ~ ~ ~ 4) ~ ~ <:l -r
...... '-.J ~ ~
"- ~ ~ ()
, I -
0-.... d-. I 1
~ 0' "
<l' Cr- t
lil
"
(..,
'J-
l'<'
~
~-
. J
cs1
-
~. '2
.......
t-:' \ 3
p.. .. "-
~-t \)Q :>
~ )2.
N ~
tx:i ~
~ 0:- +
€ ~ \'
G.>
.P-
0 =
M. j
.~
=
0
~ \.
p..rC
~ .......
(,) .
..~ \{J
]
..
"1;j:
..... ~
If.l
0
~
.>- <td ~
0 0
---.J
.
-..D -
---'> f1
-
-
-
~
,.
-:z. ~
/!- \l
~
~ ~
0-
-
~ ~ ltt
~ C'i 0\ 0 ....... C'i ~ It'\ \0
....... ....... N N ("of ("of ("of ("of
.~ ~
~
- "-
, , 1....'1
C!-Cs'-~
-...9
Q
~
fl
N
\
(!- ~ ~
-
t--
p..;
VI
N
N
Cli
:i :r
~ ;:r N
~ .........
8- \'
0 ~
~
P-t
s:: =
0
-
&i
P-t
-
Q)
~
t;
.g
--
m
Q)
~
> ~
..C> 0
~ -
--'> Q)
-- 0
D a
P-t
C+-<
0
s::
0
--
m
-~
~ --
"Q
.0
;::S
i CI}
~
t::;:::--
s::
0
~ -~
---- --
...
~ Q)
P-t VI r-:
\0 0
M ('f) M --
-.:t -.:t
.~-
~
~ .0
.s: t~
~ '~ ~
. -6"
. . --:;;:> ~
?- ~
c
~
es-
.::r-
3
l6
~
~
.-0
'S'
j
~
N
r-
C'( N
,;.
--.:5
c::
~ \.1'\ ..:;!)
t"
n. 0 ~
\'()--
N ~
,......,
J
G ~ ...9
.0 <:)
--!) I .
~ -....::J ~
..... <0
,r--- . , ,
P-i ~ a--
'0
N
N
tIi,
::E
~
8-
0 =
:M
P-i
~
0
~
P-i
-
0
.~
~
--.
.g
.-
q)
0
:3 ~
~
~ Cl
-
-z; 0
~
-
~
C+-t
0
5
-'2 .-
tI)
t- 'S:
.-
-0
4::: .g
~ ell
4)
~ ~
~
.--' 0
.-
..-
-===ff +:: ~ ..0 r-:, 0\ 0 . ~
.0 ('t) '0 00 - N ('t) '0
,~ V V <o:t" V V io:t' '0 '0 '0 '0 '0 -~
.c:
()
cts
(I.)
:c
(tj
-
c::
....
tJ)
!oi;,...
-
>
---c5'
,;::::=:::::,
L ',\
ft'- \\
\\ \\
'........" II
' \\
~
4-
~
~
-:tt
Ii!
.!
i . !
o e ~ 2
c c ~ ~ e o.
_~ ll:i8 _ ~& ,e1O.5 i: i!
w .:: v g .l!;-c s; '5 ~ en
i i 'i 108. .il,f1.o . I
o O~ cl!.; ~ Q,~ eee i:
-Ill.!12:;EIO~ o.!~ 'i3 ~i~!i...>ct~
! It 8 f ~ 51 '* ~ & i i -8 ,~' 0 II <J cJ <1 ~ ~ ~ l) llr ~
.! ~ 1i.E . 1i .i! ::J j j;! 0 .!c 1 ~ g ~ J JJ ~. ~ ~ & 8 lit
.5 III .,. '" ::J 2: en.... en;) - en Q. 0 .... to- ....<9 (!) (!) 2.lli Q ~ .... .:i
~ ... ic · lEI a ~ @ 1 0 o. I i B1l ; 0 1.11 I I I II ~
;e 5i.g ~ ~
. , "I
. . -<l
I I '0(
"
~ 5 I J
! j ~ ~
. -< .. '.
~ ~ j i
Q
a
z~~
~
"
t-
O'
o
L
E
"
C
"
Cf.
"
"
~I
r
1~.~ t r ~
~,'
b -i
'l)J- LL
()
<? 'Y G
~\,o - U) If)
~j ~
~~ .~ ~
o~tl.~
\f\ '" -- t
y\ f' ~\ -~ ~,',
C"(\ r<81'
I
IJ
~
e
<0
..,
('oj
..;
- ~ m
~
~
o
~
'i
E
.g
1
~
~
Ql
'?
'"
~
g
I
"t-l
In
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Richmond 20M Hz, L.L.C. dba NTELOS for a Modification of
the Conditions of a Use Permit granted by the City Council on August 14, 2001,
for a wireless communication tower. The property is located at 2100 McComas
Way (GPIN 2414072637). DISTRICT 7 - PRINCESS ANNE
MEETING DATE: November 28, 2006
. Background:
On August 14, 2001, the City Council granted a Conditional Use Permit allowing
a stealth monopole communication tower to be constructed adjacent to an
existing mini-warehouse facility on the site. The Conditional Use Permit has four
(4) conditions. Condition 1 set a maximum height of 90 feet. The applicant is now
requesting that the height of the monopole be increased 10 feet. As the height is
limited by Condition 1, a modification to the existing Conditional Use Permit is
required.
. Considerations:
The applicant is proposing to add a ten (10) foot extension to the existing stealth-
styled communication tower. The proposed extension will have internally
mounted antennas and will match the design of the existing pole. The proposed
extension will enhance wireless service for their customers in this service area.
The applicant has submitted a structural report that indicates the existing tower is
capable of supporting the proposed ten (10) foot extension. Visual impacts to the
surrounding area were a great concern when the original Conditional Use Permit
for the tower was requested in 2001, and thus the use of a stealth tower with
internal antennas. The stealth tower is located on the property on a portion of the
site that is not highly visible to General Booth Boulevard and will remain in its
current location with the same design. The conditions below recommend
approval, subject to maintaining the existing stealth design and a maximum
height limit of 100 feet.
The Planning Commission placed this item on the consent agenda because the
proposed 10 foot extension to the existing stealth styled tower will have internally
mounted antennas and will match the design of the existing tower, and there was
no opposition.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 to approve
this request with the following conditions:
Richmond 20MHz, L.L.C. dba NTELOS
Page 2 of 2
1. All conditions with the exception of Number 1 attached to the Conditional Use
Permit granted by the City Council on August 14, 2001, shall remain in affect.
2. Condition Number 1 of the August 14, 2001, Conditional Use Permit is
deleted and replaced with the following:
The tower shall be designed as a stealth monopole tower no greater than
100 feet in height as shown on the site plan by JM& T Engineering, dated
07/27/06 exhibited to the Virginia Beach City Council and is on file in the
Virginia Beach Planning Department.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmenr1Pf
City Manager:
RICHMOND 20 MHZ,
LLC DBA NTELOS
Agenda Item 17
October 11 , 2006 Public Hearing
Staff Planner: Carolyn A.K. Smith
REQUEST:
Modification of the Conditional Use Permit
approved by the City Council on August 14,
2001 for a communication tower.
ADDRESS I DESCRIPTION: Property located 2100 McComas Way
GPIN:
24140726370000
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
150 square feet of a 3.5 acre parcel
SUMMARY OF REQUEST
A Conditional Use Permit allowing the communication tower
was approved by the City Council on August 14, 2001. The
Conditional Use Permit has four (4) conditions:
1. The tower must be designed as a stealth monopole tower no greater than 90 feet in height as shown on the site
plan by Lewis White and Associates, dated 01/05/01 and presented to City Council.
2, The tower placement and landscaping must be as shown on the site plan by Lewis White and Associates, dated
01/05/01 and presented to City Council. A variance from the Board of Zoning Appeals is required for the
setbacks for the tower.
3. All base level equipment for all users must be stored within the adjacent self-storage facility.
4. In the event that the tower is inactive for a period of one year, the tower must be removed from the site at the
applicant's expense.
Condition 1 set a maximum height of 90 feet. The applicant is now requesting that the height of the
monopole be increased 10 feet. As the height is limited by Condition 1, a modification to the existing
Conditional Use Permit is required.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Developed with self storage facility and a communication tower
SURROUNDING LAND
USE AND ZONING:
NORTH: . Strawbridge Elementary School / R-20 Residential District
. Office Buildings / Conditional B1-A Limited Community Business
SOUTH: District and Conditional 0-2 Office District
EAST:
. Shopping Center / B-2 Community Business District
WEST:
. Skating Rink / Conditional B-2 Community Business District
NATURAL RESOURCE AND
CULTURAL FEATURES:
There do not appear to be any significant environmental or cultural /
historical features on the site, as it is developed with a self storage
facility.
AICUZ:
The site is in an AICUZ of 65 to 70 dB Ldn surrounding NAS Oceana.
Recommendation:
Staff recommends approval of this
requested modification, as conditioned below.
EVALUATION AND RECOMMENDATION
Evaluation:
The applicant is proposing to add a ten (10) foot extension to the existing stealth-styled communication
tower. The proposed extension will have internally mounted antennas and will match the design of the
existing tower. The proposed extension will enhance wireless service for their customers in this service
area. The applicant has submitted a structural report that indicates the existing tower is capable of
supporting the proposed ten (10) foot extension. Visual impacts to the surrounding area were a great
concern when the original Conditional Use Permit for the tower was requested in 2001. The stealth tower
is located on the property on a portion of the site that is not highly visible to General Booth Boulevard and
will remain in its current location with the same design. It is recommended that the proposed extension of
the communication tower not exceed the minimum height necessary to provide adequate wireless
services to customers. The conditions below recommend approval, subject to maintaining the existing
stealth design and imposing maximum height limit.
CONDITIONS
1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the
City Council on August 14, 2001 , shall remain in affect.
2. Condition Number 1 of the August 14, 2001, Conditional Use Permit is deleted and replaced with the
following:
The tower shall be designed as a stealth monopole tower no greater than 100 feet in height as shown
on the site plan by JM&T Engineering, dated 07/27/06 exhibited to the Virginia Beach City Council and
is on file in the Virginia Beach Planning Department.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
~
,
\
,
,
\
,
,
\
,
,
\
,
,
~
\.
,
",
\
,
\
,
,
\
\
\
~
L
!!IM(l'1IIl9,~
(l))II Jb!U$ t
~
~ i
i,l
~~'"
~ l
~!r
IUli
I
f-----------h-------
I ~
.
, r.tIt1OltOIJ.~~"::D
.
.
,-----------------_.
f,b.Vt~
"'~6
tt;~
..?i"l
~
h
1)1
.
.
I
.
.
I
.
,
I
"
~
~ e
.~ ~ i ~
~ ~ ~ !
~ I ! :
10 '" ,.
~ ~ ~ i
~ r~ z
lot "'''' Ii! ~
'Ii ill" '"
VI ~ ~ ~
~ ~~ ~ ~
i ~ ~~ i! ~
~ ~ ~~11il ~
~ ~ N ffi 'f(-
~
,
,
/
I
,
,
/
~
III
---'
~
PRO POS E D SI.:)!.t;'RI;;~N
--'
~ -- .I (Ii 'llI;;;..~..J.....I____L_J ~ J -l' '"
......
r---- - -
I
--
......
~
"
~
~
~
"
~
~
11
{;;;l
.:11
""
~
~
lrlo
ENLARGED PROPOS.ED""
SITE PLAN
RICHMOND 20
Agenda It
'"
~
'"
!o
$1
EXISTING
STORIGE WlLDtNG
PROPOSED BUILDING
1 08/14/01 CUP (communication tower) Granted
12/07/99 CUP (self storage) Granted
CHANGE OF ZONING (0-2 to B-1A) Granted
2 03/1 4/00 MODIFICATION OF CONDITIONS Granted
3 01/11/00 CUP (church) Granted
OS/24/89 CHANGE OF ZONING (R-20 to 0-2) Granted
4 10/13/98 CUP (communication tower) Granted
03/24/89 CHANGE OF ZONING (0-2 to B-1A) Granted
5 02/1 0/98 CUP (church) Granted
6 1 0/26/93 CUP (indoor recreational facility) Granted
CHANGE OF ZONING (0-2 to B-2) Granted
7 OS/28/91 STREET CLOSURE Granted
11/27/90 RECONSIDERATION OF CONDITIONS Granted
8 08/25/92 SUBDIVISION VARIANCE Granted
9 09/1 8/89 CHANGE OF ZONING (0-2 to R-20) Granted
ZONING HISTORY
NOLLVJnddV SNOI1I
~
ill
i i
... ii:
! i
!ill ]
~..- -
.' ~ 0' '" .~
i .t.l,~ :::
't1l ~ i1'; ita.
::J.Q1ll1ll IE
;g
i t
Ii
~
i
,.
i
15
J^
i-
t
I.
t;
~ ;
.6 .$;
i !
X;; '5
li ~
j ~
~
I
$
S-
a
~
t$
l~
i< ~
~I
'5
I~
3l ~
>~
,~
! f
o .
!5 g
~
l'
J
I
"
:s
DISCLOSURE STATEM
E-c
~u
=s::3
~f
~~
!~
rI}=s
9=
uu
rl}lMl
lMl~
Q
8
~
~
'.;:::1
~
~
i3
:.a
u
]
J
u
-e
~
6
00
j
t::
<lJ
"'0
'S
e
~
e!l
<lJ
..0
t;I)
~
..(
...
5
1
~
8
;>
-I
~
if
~
'iJ
'0
,~
l::l;.,
i3
:.a
u
...r
6 e;.
"r:::l CIS
'S !
I... g
~lZl
8
:>]
.~ !
i ~
~f-
g
~
ea ....;
~ t'
~ ]
..c:; lZl
...
t:l
<lJ
"'0
'5
~
8
;>
f -
as fi
lZl "r:::l
g 'I
a ~
, :!l <lJ
~ ~
1
~
I...
i
~
2
~
~
""'Il
~
o
.<
o
~
"'0
'>
CI$
o
RICHMOND 20 MHZ
Agenda Item 17
Page 10
Item #17
Richmond 20MHZ, L.L.c. d/b/a Ntelos
Modification of Conditions
2100 McComas Way
District 7
Princess Anne
October 11, 2006
CONSENT
Janice Anderson: The next matter is agenda item # 17. Is the application of Richmond
20MHZ, L.L.C. d/b/a Ntelos. This is for a Modification of Conditions approved back in
2001 on property located at 2100 McComas Way in the Princess Anne District.
Bill Gambrell: Thank you Madame Chair. Again, Bill Gambrell for the record. I
represent Richmond 20MHZ, L.L.C., which trades in the area as Ntelos, and we have
reviewed the conditions and find them perfectly acceptable. I'm glad to be on your
consent agenda.
=
Janice Anderson: Thank you Mr. Gambrell. Is there any opposition to this application
being placed on the consent agenda? Therefore, the Chairman has asked Al Henley to
please review the application.
Al Henley: Thank you. The property is located at 2100 McComas Way. This is a
modification of the Conditional Use Permit approved by City Council on August 14,
2001 for a communication tower. The staff recommends approval of this request. The
applicant is proposing to add the ten (10) foot extension to the existing stealth-styled
communication tower. The proposed extension will have internally mounted antennas
and will match the design of the existing tower. The conditions recommend approval
subject to maintaining the existing stealth design and imposing maximum height limit.
Therefore, the Planning Commission recommends approval of this application. Thank
you.
Janice Anderson: Thank you Mr. Henley. Mr. Chairman, I have a motion to approve the
following agenda item for consent. It is agenda item #17.
Barry Knight: Thank you. Barry Knight: Thank you. We have a motion on the table.
Do I have a second? Mr. Henry Livas has seconded it. Is there any discussion? There is
a motion on the floor to approve the consent agenda item by J an Anderson and a second
by Henry Livas. I'll call for the question.
AYE 9
NAY 0
ABSO
ABSENT 2
ANDERSON AYE
BERNAS AYE
Item #17
Richmond 20MHZ, L.L.C, d/b/a Ntelos
Page 2
CRABTREE
HENLEY
KA TSIAS
KNIGHT
LIV AS
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
AYE
ABSENT
ABSENT
Ed Weeden: By a vote of 9-0, the Board has approved item #17 for consent.
=
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Phillips Motors of Virginia Beach, Inc. for a Modification of
the Conditions attached to a Use Permit granted by the City Council on November
9, 2004, allowing expansion of an existing motor vehicle sales facility. Property is
located at 4980 Virginia Beach Boulevard (GPIN 1477053539). DISTRICT 4-
BAYSIDE
MEETING DATE: November 28,2006
. Background:
The site is currently used as a motor vehicle sales facility. On November 9,2004,
the City Council granted the applicant a Conditional Use Permit permitting a bulk
storage yard at the northern end of the site, a 4,500 square foot service area
addition on the rear of the building, a 720 square foot car wash on the rear of the
building (for dealership use only), and a 2,000 square foot addition on the front of
the building. That Conditional Use Permit has eight (8) conditions.
. Considerations:
Conditions 1 and 2 of the 2004 Use Permit tie the site layout and building
elevations to those depicted on the concept plan and elevations submitted at that
time. Any modification requires additional review and approval by the City
Council; therefore, the applicant is requesting a modification to the Use Permit.
The current request is to allow an additional 1,456 square feet of service
reception area on the front the building and to expand the previously approved
addition on the rear of the building from one (1) story to two (2) stories. The
exterior building materials and color scheme will match that of the existing
structure, largely consisting of a beige exterior insulated finishing system (EIFS).
The proposal is in conformance with the Comprehensive Plan's
recommendations for this area. The Plan's land use policies recognize Virginia
Beach Boulevard as one of the city's major commercial and economically viable
corridors. This portion of the Virginia Beach Boulevard corridor is highly
commercialized with many auto related uses. The applicant's proposed
expansions of the service areas are acceptable as they are compatible with
nearby motor vehicle related uses and will contribute to enhancing services to
the city. As was the case in 2004, this proposal will improve the disorderly
storage of vehicles currently occurring on the northern portion of this site and will
improve the aesthetics for the residential properties to the north. The proposed
automobile repair garage expansions and bulk storage request is appropriate on
this site, provided the conditions, which are crafted to improve the site's
appearance both immediately and over the long term, are attached.
Phillips Motors of Virginia Beach, Inc.
Page 2 of 2
The Planning Commission placed this item on the consent agenda because the
requested modifications are as appropriate and compatible with the surrounding
area as the 2004 approval, the use is consistent with the recommendations of the
Comprehensive Plan for this corridor, and there was no opposition.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 to approve
this request with the following conditions:
1. All conditions with the exception of Number 1 and Number 2 attached to the
Conditional Use Permit granted by the City Council on November 9,2004,
shall remain in affect.
2. Condition Number 1 of the November 9,2004, Conditional Use Permit is
deleted and replaced with the following:
The site shall be developed substantially in conformance with the
submitted plan entitled, "Conceptual Site Layout of Phillips Volvo," prepared
by MSA, P.C., dated 9/05/06, which has been exhibited to the Virginia Beach
City Council and is on file in the Virginia Beach Planning Department
3. Condition Number 2 of the November 9,2004, Conditional Use Permit is
deleted and replaced with the following:
The proposed building additions, identified on the site plan described in
Condition 1, shall be built in substantial conformance with the elevations
entitled, "Proposed Elevations for Phillips Volvo, Service Reception Bay and
Service Expansion Bay," dated September 25, 2006.
4. Final occupancy shall not be granted on any building addition until the bulk
storage yard is improved and constructed as depicted on the concept layout
plan identified in Condition Number 1 above.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen~
City Manager:
PHilliPS
MOTORS OF
VIRGINIA BEACH
Agenda Item 14
October 11 , 2006 Public Hearing
Staff Planner: Carolyn A.K. Smith
REQUEST:
Modification of the Conditional Use Modi,IGJI!onolConditions
Permit originally approved by the City Council in 1973. Since the original, the Use Permit has been
modified in 1989 and again in 2004. On November 9, 2004, City Council approved a bulk storage yard
and additions to the existing auto sales and repair facility. The current request is for a 1,456 square foot
addition to the existing guest reception area and a second story addition over the previously approved
one (1) story structure at the rear of the building.
ADDRESS I DESCRIPTION: 4980 Virginia Beach Boulevard
GPIN:
1477053539
COUNCIL ELECTION DISTRICT:
4 - BAYSIDE
SITE SIZE:
2.952 acres
SUMMARY OF REQUEST
The most recent Conditional Use Permit permitting a bulk storage yard and expansion of the service area,
including a car wash for dealership use, was approved by the City Council on November 9, 2004. That
Conditional Use Permit has eight (8) conditions:
1. The site shall be developed substantially in conformance with the submitted plan entitled, "Conceptual Site
Layout of Phillips Volvo," prepared by MSA, P.C" dated 9/27/04, which has been exhibited to the Virginia
Beach City Council and is on file in the Virginia Beach Planning Department.
2. The proposed building additions, identified on the site plan described in Condition 1, shall be built in
substantial conformance with the elevations entitled, "Phillips Volvo," prepared by Revelle Buildings, Inc.,
dated February 18, 2004,
3, The area identified on the conceptual site layout plan as "proposed bulk storage" shall be
enclosed with a solid fence no shorter than eight (8) feet in height along the northern property line,
along Broad Street. The required Category VI screening shall also be installed.
4, The bulk storage yard shall only operate during the normal business hours associated with the motor vehicle
sales and service operation,
5. All motor vehicle service work shall be performed indoors,
6. No outdoor storage of inoperable vehicles, vehicles in an obvious state of disrepair or used repair parts shall
be permitted on site. If inoperative vehicles require storage, then such vehicles shall be stored within the
building,
7. The car wash addition shall be limited for use of the dealership needs and not open to the general public.
The hours of the car wash shall be limited to normal business hours associated with the motor vehicle sales
and service operation,
8. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall
be deflected, shaded, and focused away from adjoining property, Any outdoor lighting fixtures in the bulk
storage yard shall not be erected any higher than 14 feet.
Condition 1 and 2 ties the site layout and building elevations to those depicted on the approved concept
plan and elevations. Any modification requires additional review and approval; therefore, the applicant is
requesting a modification to the Use Permit.
This request is to allow an additional 1 ,456 square feet of service reception area on the front the building
and to expand the previously approved addition on the rear of the building from one (1) story to two (2)
stories. The exterior building materials and color scheme will match that of the existing structure, largely
consisting of a beige exterior insulated finishing system (EIFS).
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: There is an existing motor vehicle sales and repair facility.
SURROUNDING LAND
USE AND ZONING:
North:
. Broad Street
. Single-family dwellings / R-7,5 Residential District
. Virginia Beach Boulevard
. Mixed retail and auto related uses / B-2 Community Business
District
. Motorcycle sales / B-2 Community Business District
. Auto sales / B-2 Community Business District
South:
East:
West
NATURAL RESOURCE AND
CULTURAL FEATURES:
This site is within the Chesapeake Bay watershed. There are no
significant environmental resources on this site as it is almost entirely
impervious and has a auto sales and storage operation on the site.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
PHILLIPS MOT
Agenda It
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia
Beach Boulevard is considered an eight (8) lane divided urban arterial. The MTP proposes a 150 foot
right-of-way. The Pembroke Area Comprehensive Transportation Plan (CIP 2-238) will study the Central
Business District surrounding the Town Center and develop short-term, mid-term and long-term
alternatives for transportation needs in the area.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Virginia Beach 35,236 ADT 1 34,940 ADT'- (Level of Existing Land Use ~-
Boulevard Service "C") - 56,240 ADT 611 ADT
1 (Level of Service "D") Proposed Land Use 3_
809 ADT
Average Dally Tnps
2 as defined by car sales
3 as defined by car sales with proposed additions
WATER & SEWER: This site is currently connected to both City water and sewer.
Recommendation:
Staff recommends approval of this
requested modification, as conditioned below.
EVALUATION AND RECOMMENDATION
Evaluation:
The most recent modification to the existing Conditional Use Permit was approved by City Council on
November 9, 2004. That approval was specifically for a bulk storage yard at the northern end of the site, a
4,500 square foot service area addition on the rear of the building, a 720 square foot car wash on the rear
of the building (for dealership use only), and a 2,000 square foot addition on the front of the building.
While a site plan for that work has been approved by the Planning Department / Development Services
Center, none of the additions or improvements of the 2004 approval have been constructed. The
currently requested modification reaffirms the 2004 approval with the following changes: a 1,456 square
foot addition to the front of the building intended to increase the vehicle service reception area on the
southwest side of the structure; and, a two (2) story addition, rather than a one (1) story addition as
currently approved, at the rear of the building. The exterior building materials and color scheme will
match that of the existing structure, which is a beige exterior insulated finishing system (EIFS).
The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The
Plan's land use policies recognize Virginia Beach Boulevard as one of the cityDs major commercial and
economically viable corridors. This portion of the Virginia Beach Boulevard corridor is highly
commercialized with many auto related uses. The applicant's proposed expansions of the service areas
are acceptable as they are compatible with nearby motor vehicle related uses and will contribute to
enhancing services to the city. As was the case in 2004, this proposal will improve the disorderly storage
of vehicles occurring on the northern portion of this site and will improve the aesthetics for the residential
properties to the north. The proposed automobile repair garage expansions and bulk storage request is
appropriate on this site, provided the conditions below, which are crafted to improve the site's appearance
both immediately and over the long term, are attached.
CONDITIONS
1. All conditions with the exception of Number 1 and Number 2 attached to the Conditional Use Permit
granted by the City Council on November 9, 2004, shall remain in affect.
2. Condition Number 1 of the November 9, 2004, Conditional Use Permit is deleted and replaced with the
following:
The site shall be developed substantially in conformance with the submitted plan entitled, "Conceptual
Site Layout of Phillips Volvo," prepared by MSA, P.C., dated 9/05/06, which has been exhibited to the
Virginia Beach City Council and is on file in the Virginia Beach Planning Department
3. Condition Number 2 of the November 9,2004, Conditional Use Permit is deleted and replaced with the
following:
The proposed building additions, identified on the site plan described in Condition 1, shall be built in
substantial conformance with the elevations entitled, "Proposed Elevations for Phillips Volvo, Service
Reception Bay and Service Expansion Bay," dated September 25, 2006,
4. Final occupancy shall not be granted on any building addition until the bulk storage yard is improved
and constructed as depicted on the concept layout plan identified in Condition Number 1 above.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
PHILLIPS MOT
Agenda It
AERIAL OF SITE LO~A\tIQN
PHILLIPS MOTORS
Agenda Item 14
Page 5
~I
~
t ~i
~ t
,: ' R~
i ...~
~, 9 " .~
~ ~
o
....0.. > ,
......"Q
.. 0 .2: III
=- III -
~>, .e.i
.5 '~.5
s l.t). ~. ~
~. .~,~ ~
~. ..... ..- 4J
il....... E!>tlI
t7: :>
~ J: ~
8o..~
d
~]
0;-3
O.
w~
!(~
0]
~
PROPOSED SITE'~('AN
PHILLIPS MO
Agenda It
--,. IP.::~
~ ,;tt.
~~i~
~~~ ,!!:
)--~t"~
~~~~
~!';I,,~l
"'~'Eti
~~~~
:d
~~
,1~'
l:&.:. ~.
"''>-
.If-~
$"'-<';
-"'-3':
t.~
~~,
-Z,' ~
~u::
cL?;
'tl
C
.. tIl
oS ~;
(j) /ll'iii
; c c
;j;l 0 III
tIl :;: ~
~ 0 ~w
w~~~
'tl>a::t:lI
$~BB
0._._ ._
go;: i:: i::
.. .c III 41
Il.a.cncn
!:
~
~
~I ~
h. ~
~~ ci
"'\= ""
~~ rt:
1Z'-1:4.., a
%
.3i.-~
>-
~
~~!
'L
f.
~
lr
~~
~~
~~
r
I
.::~
-~
L ' S
i",i~
-~ i ; i - cl
~ I:!
~~~lli' -~!
1-, I ~ i:flll'!
'L,o.' .1
~~ Ii, ~,
."",... ~~ '! ~
-...t:.~ :
L- i I In I I
1.:1,1--;:1 I U ,I,I,II~ Dm, n"llil
Ii,' I, 'I ' ,[ I,,' fill,'
I,"',' ',I, II
Ii I' I i I ,: ': "I
11- i J' I I,ll
" L_ _ULj
i,'\\ , IL~
I Iii
i I illl
II '~I III
, I LL,,'~,I, I~I
I,'II! I ~ (
I!i
I ~ II I"
~
I I i II I
I r'i' I,:
I "tzJ
I i '~I
~ :!:>:l I h
~ . 0>, \- 14.1,1
31~ ~ ~
-.:>:, .~~ ~ , ,~,I
,5:;.~'\4'~ -:r.. ~
i~~~ i ~
"':r ...,ti "'+ ~
~~ i(iJ ~ ~
I
\-;
":Ij
i '-Zi
'911
.\
w~
S
"
-'
~
\\
:.~
'5.
,.J.j$-'t
.'''!I:r;
-cl
Ill'
-I
II
I
I
"J:
".'
to
~
';'T.:
~..
\='
~-
"
~ ' D
~ I'
I~ D !
In,r :
i'-f J., I
~ ~ ji,l r---r .
&l< I L.....-.j:
"'2."" ' I
ii ~ D'
I
,1"1
PROPOSED BUILDING EL,Ii~ATIQN
PHILLIPS MO
Agenda
t'vlodification of Conditions
1 11/09/04 CUP (auto repair) Granted
01/23/89 CUP (auto sales & service) Granted
2 11/26/02 STREET CLOSURE Granted
3 06/25/02 CUP (tattoo, permanent makeup & Granted
piercing)
08/14/01 CUP (tattoo) Granted
4 02/01/00 CUP (car wash) Granted
5 09/28/99 CUP (auto sales & service) Granted
6 08/08/95 CUP (auto sales & service) Granted
7 03/14/95 CUP (auto sales & service) Granted
04/23/91 SUBDIVISION VARIANCE Granted
08/28/90 CUP (auto sales & service) Granted
ZONING HISTORY
PHILLIPS MOT
Agenda Ite
NOI1VJllddV 1
j
2l I
~ i
~ !
i
if
B
~
~
;;J
'0
= ~
I
~
14
:j
1
7*
;d
N
1
J:;
I ~
'"
;>
'*
<>
f
;;;
?
%l
111aNOJ
ti
~
Tf
is
E"
~,p:
ci
;c
lA
Q
c:
1::
&
~
i
i
5 @
1::. E
o
5
""
'" I
J i
iI!
~ i! i
I ~I Ii
~
l0-
Ci
~f5
-':~
II
5
DISCLOSURE STA~EMENT
'."''''-
PHILLIPS MOT
Agenda It
Item #14
Phillips Motors of Virginia Beach, Inc.
Modification of Conditions
4980 Virginia Beach Boulevard
District 4
Bayside
October 11, 2006
CONSENT
Janice Anderson: The next item is agenda item # 14. This is an application of Phillips
Motors of Virginia Beach, Inc. This is for a Modification of Conditions that were
approved by Council in 2004 on property located at 4980 Virginia Beach Boulevard,
Bayside District.
Mike Perry: Good afternoon Chairman and members of the Planning Commission, my
name is Michael Perry. I'm a local landscape architect. I'm representing Phillips Motors.
We have reviewed the conditions and they are acceptable to us.
Janice Anderson: Thank you.
=
Mike Perry: I would like to thank Ms. Carolyn Smith for the hard work that she put into
those conditions and the way they were worded.
Janice Anderson: Thank you. Is there any opposition to this application being placed on
the consent agenda? Therefore, the Chairman has asked Ron Ripley to review this
application.
Ronald Ripley: This is a modification of an existing Conditional Use Permit. A lot of
times, adjustments are made to Conditional Use Permits, and this is a plan that has
changed a little bit. The change was considered of such significance that it would violate,
I think the original intent, so it was a recommendation by staff that it be approved, and the
Commission felt that it should to be on consent because it seemed relatively routine.
Janice Anderson: Thank you Mr. Ripley. Mr. Chairman, I have a motion to approve the
following agenda item for consent. It is agenda item #14.
Barry Knight: Thank you. We have a motion on the table. Do I have a second? Mr.
Henry Livas has seconded it. Is there any discussion? There is a motion on the floor to
approve the consent agenda item by Jan Anderson and a second by Henry Livas. I'll call
for the question.
AYE 9
NAY 0
ABSO
ABSENT 2
ANDERSON AYE
Item #14
Phillips Motors of Virginia Beach, Inc.
Page 2
BERNAS
CRABTREE
HENLEY
KA TSIAS
KNIGHT
LIV AS
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
ABSENT
ABSENT
Ed Weeden: By a vote of 9-0, the Board has approved item #14 for consent.
=
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of James E. Owens and Virginia L. Owens for a Modification of
the Proffers of a Change of Zoning approved by City Council on January 14,1980.
Property is located at 317 South Witchduck Road). DISTRICT 2 - KEMPSVILLE
MEETING DATE: November 28,2006
. Background:
The site is located at the northern end of the commercial and office node located
at the intersection of the Princess Anne Road with Witchduck and Kempsville
Roads. The building on the site is the Carraway House, one of the original homes
in Kempsville (circa 1733). A Historic and Cultural District zoning overlay was
placed on the property as part of a Conditional Change of Zoning from R-5R
Residential District to B-2 Community Business District was approved by the City
Council on January 14, 1980. Additional proffers of that rezoning included
restoration of the home and limitation of uses.
. Considerations:
Proffer 1 of the 1980 rezoning allows only those uses that are permitted in the R-
5R Residential District on the site. The applicants, however, recently discovered
that they have been unknowingly operating a real estate office on the site for
approximately twelve years; thus, deletion of Proffer 1 is requested.
If the structure on the site was restored to its original appearance, Proffer 2 also
allowed the property to be used as a retail shop for the sale of antique, antique
reproductions and related items and accessories. Since the applicants operate a
real estate office on the site, they request modification of Proffer 2 to allow the
continuation of the real estate business or other similar unobtrusive office uses,
such as a business studio, an office, or a clinic, all of which have equal to or less
intensity than the currently operating real estate office.
The Planning Commission placed this item on the consent agenda because the
modification would make the property's actual use conform to the zoning and
proffers, staff recommended approval, and there was no opposition.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 to approve
this request as proffered.
James E. & Virginia L. Owens
Page 2 of 2
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departme~
City Manager:~ \l.. ~
JAMES E. &
VIRGINIA OWENS
Agenda Item 6
October 11 , 2006 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Modification of Proffers for the Conditional Change
of Zoning from R-5R Residential District to B-2
Community Business District granted by the City
Council on January 14, 1980.
ADDRESS I DESCRIPTION: Property located at 317 S. Witchduck Road.
GPIN:
1467706098
COUNCIL ELECTION DISTRICT:
2 - KEMPSVILLE
SITE SIZE:
35,790 square feet or 0.8 acres
The Conditional Rezoning from R-5R Residential District to B-
2 Community Business District was approved by the City
Council on January 14, 1980. The proffers are as follows:
SUMMARY OF REQUEST
1. All of the uses and structures permitted in the R-5 Residential District shall be permitted on the
Property to the same degree and with all the requirements as if the Property were zoned R-5
Residential District.
2. The building which exists upon the Property as of the date hereof, may be used as a retail shop
for the sale of antiques, antique reproductions and related items and accessories, provided said
building is restored by the Grantor or its agents or assigned so as to resemble its former
appearance as of the early 1800's.
3. The Property shall not be used for any use allowed in the B-2 Community Business District
except as permitted in paragraph 2 above. The Grantor shall provide standard improvements as
required by the Site Plan Ordinance of the City of Virginia Beach.
4, The Grantor shall provide City water and sewer service to the Property.
5. The Grantor shall dedicate a variable right-of-way along South Witchduck Road.
JAMES E. & VI
6. The Grantor hereby agrees to the designation of the Property as a historical and cultural district
pursuant to the Comprehensive Zoning Ordinance of the City of Virginia Beach.
Despite the fact that the site is zoned B-2 Community Business, Proffer 1 allows only those uses that are
permitted in the R-5R Residential District on the site. The applicant, however, has been operating a real
estate office on the site for approximately twelve years, and thus requests the deletion of Proffer 1.
In addition to the uses allowed in the R-5R Residential District, Proffer 2 allowed the property to be used
as a retail shop for the sale of antique, antique reproductions and related items and accessories, if the
structure on the site was restored to its original appearance. Since the applicant operates a real estate
office on the site, Proffer 2 is requested for modification to allow the continuation of the real estate
business or other unobtrusive office uses.
No changes are requested to the existing site or building.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped low intensity non-residential site
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
. Single-family dwellings / R-1 0 Residential District
. Retail and offices / B-2 Community Business District
. Across Witchduck Road / 0-2 Office District
. Single-family homes and businesses / R-1 0 Residential District
and B-2 Community Business District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The majority of the site is developed with the historic building and
associated parking.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): S.
Witchduck Road in the vicinity of this application is considered a four-lane undivided minor urban
arterial. The Master Transportation Plan (MTP) proposes a divided 165 foot. Two Capital Improvement
Program (CIP) projects are slated for this area (CIP No. 2-048 and 2-931). CIP 2-048 involves the
reconstruction of the Princess Anne Road/Kempsville Road/Witchduck Road intersection to increase the
capacity of the intersection and eliminate current congestion problems. Currently, construction is
scheduled between June, 2008 and June, 2010. CIP 2-931 involves the construction of South
JAMES E. & VIRGINIA OWENS
Agenda I 6
2
Witchduck Road from Princess Anne Road to 1-264, creating a six-lane divided facility with aesthetic
improvements. Currently, construction is scheduled between July, 2011 and July, 2013.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
S. Witchduck 28,184 ADT 1 14,800 ADT 1 (Level of No Change
Road Service "C")
22,800 ADT 1 (Level of
Service "D") I capacity
27,400 ADT 1 (Level of
Service "E")
I
Average Dally Trips
Recommendation:
Staff recommends approval of this
request with the submitted proffers.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The site is located within a Primary Residential Area where the established type, size and relationship of
land uses, both residential and non-residential, in and around neighborhood areas should serve as the
guide when considering future development proposals.
This site is also located in an area covered by the Historic Kempsville Area Master Plan. The vision for
the Historic Kempsville area is to recreate a village setting, building on the natural surroundings and
historic character and importance of the area.
Evaluation:
The applicant's request to modify the proffers is in keeping with the intent of the Comprehensive Plan and
the Kempsville Area Master Plan. The proposal is compatible with the adjacent residential neighborhood
as well as the business areas. Limited commercial or institutional activities providing desired goods or
services to residential neighborhoods are acceptable uses on the edge of established neighborhoods
provided effective measures are taken to ensure compatibility and non-proliferation of such activities. The
applicant has been operating a real estate office on this site for approximately 12 years, though in
contradiction to the uses allowed on the site under the 1980 rezoning. The lack of any complaints to the
Planning Department during those 12 years regarding the real estate office demonstrates that such a low-
intensity use can operate compatibility with the surrounding area. Thus, under the modified proffers, even
though the site will be zoned B-2 Community Business, Proffer 2 will limit the use of the site to a retail
shop for the sale of antiques, antique reproductions and related items and accessories, a business studio,
an office, or a clinic, all of which have equal to or less intensity than the currently operating real estate
office.
JAMES E. & VI
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(91 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
Proffer number "1" in the 1980 Proffers is hereby deleted and acknowledged to be inapplicable to the
Property.
PROFFER 2:
Proffer numbered "2" in the 1980 Proffers is amended to read: The Property may be used as a retail shop for
the sale of antiques, antique reproductions and related items and accessories, business studios, offices and
clinics.
PROFFER 3:
All of the terms, conditions, covenants, servitudes and agreements set forth in the 1980 Proffers recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2068, at Page 76,
save and except, Proffers 1 and 2, as specifically deleted, amended and modified herein, shall remain in
force and effect, running with the Property and binding upon the Property and upon all parties and persons
claiming under, by or through the Grantors, their heirs, personal representatives, assigns, tenants, and other
successors in interest or title.
STAFF COMMENTS: The proffers listed above are acceptable as they reflect the use of the site and provide
for low-intensity uses that are equally compatible to the surrounding area as the existing use.
The City Attorney's Office has reviewed the proffer agreement dated June 28, 2006, and found it to be
legally sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
JAMES E. & VIR6INIA;0
'~genda
AERIAL OF SITE LOeAT.ION
JAMES E. & VI~~I~IA:O
(Agenda I
TH1S IS TO CERnF'Y",AT I 0l0J 07jOl/0EiSURVEYED THE PROPERTY SHO'hN
ON THIS I'>lAT AND THAT ",E 1111.E LINES AND ltlE WALJ..S Cf' ltlE BUILDINGS ARE SHO\\N 01'1 1'HIS PLAT,
THE BUILDINCS STArID STRICT). Y Wl'IHIN THE 111U: UNES AND THERE ARE NO ENCIlOACHMEN'l'S OF OTHER
BUILDINGS ON ltlE PROPERTY EXCEPT AS SHO'IIN,
PORTION OF PROPERTY
OF' ALBERT L. BONNEY, JR,
(M.8, 104, PG. 18)
(D,S, 1600, PG. 780
GPIN: 1466--79-3843
I,S\ \1'S-
\1\ ~
~O:
O. ~....
~.;~
~~.~
0(1\ .
..
\t~
'::;,J
'. \ \ \ ,
\ \ \ \ I
, \.\ I \
\ \\\ \ ~
PINr~~\~\ ~1
\~ ~~\ \1
'~\ \ \ I
1\ PIN (F).J: ~\ \ I
1 \ \ ,J
I \ \ It.-
I \~r~;.:
I \-~-\jr--2
I 'I \ ;tq ~ ~ ~
! \ \ i1 ~ ~ ~ g
;',f>+ I r 1 \ ~I 0 "'0 :s: ';t'.
;' . r I \ ' ~ ~l P ~ N
JAId~'Nt~WENS \ ~\ \\\ ~a
~.:Rg~ '~. ~G~~N03 l\,~,.\ '.__
GPIN: 14 7- to-6098 ~'.I" - APPIlOX. Fl.OOO
l \ \ I \ f{20tlE UNa!<S
\ \ 8' DITCH l: f" \ \ \ SCALED FROM
, , .. ~'G m ~1 I \ FLOOD iNSURANCE
\ \ ","vn.1. i \ '\ \ I RATt: M,l.PS
ZONE X 1 \ ZONEAE \';', \ ~ \-1>
: (EL 9) I \ I I \->-
I , " \ I I
FIN (f)~ I ZONE X\ :1 \ \ \
I (Shadod) \ I: \ \ \
<.t. '\ , \ '
0$>. FRAM SHOO " I " \ I
:'l ~ i6( \ CONC. \ \ l. ~\N - 89'20'00. E
....f:. CURB \'" \ I ,.., 07'
, \ ' \ I .....
\ , lcc.t\c
\' , HE,,\,WALL
-=::~ \: I
'I, 'I, \ I \t
\\', J \
'\ \1 \ I
\ I I \
,1 1 \
,\ f \
I '
I \
\ ,
'~~~~,;/ NIl"
EOITli HOllOWELL BARLOW
(M.S, 22, PO. 71)
NOT INCLUDED
GPIN; 1467-70-71a~
SIGNED :
SPIKE (Sl
--~
-
'" e ,40. I'G. 1)
....~.-
-
PARCEL :3
(l\I,s. 122, PO. 23)
GPIN~ 1466-79-6973
SOUTH WITCHDUCK ROAD
{VAR. 'WIDTH R/W}
PHYSICAL SURVEY
OF
PARCEL DESIGNATED AS "VIRGINIA CARRAWAY HICKS"
(AS SHOYM IN M.B, 140. PO, 1)
VIRGINIA BEACH, VIRGINIA
FOR
JAMES E. OWENS &: VIRGINIA L. OWENS
!10m,
t) lHl$ $OR\(.,. WAS PBllf'ORloIEC "lMC:'JT TI1t liJCN(A.l ($.... 11M AtpOftr AND ~"YNOr SHOW AN'I"/AU tA$twE:HTS CfII Rts11lJtTlONS """1 NAY /lffEtTSAJPPR<;:Pt,ArY A$ 'SHOYIH.
.) ROOD & SI.I1"', P,C, '$>l()' . PAIl1V IN Ot1t:_NG 1Iff 'lEW"E>oO[Nt; F(ft f\.OOO 'N~~C!; QN 1Iff "ClI'!1lY'l' 5HOv.tl loQEON, 11<'$ S1JR~V 0(JtS NOT IMPlY 1If.T _ p~rr...u (ft 'liU.
HOl Sf WS~ fO nOOllNQ, I'Gll ruRYH!1l IHF'OftIoIA fltH, CO\oITMrT THE LIlCIIl. OOM.UNlN FLOOI) OfflCML
~) rU;'''1I0NS 5ltC'olH NEI'EON Rt:FlR 10 H.~",O, 01' lUO,
PROPOSED SITE~(AN;.'
JAMES E. & VIRGINIA iO
Agenda I
e
PHOTOGRAPH OF EXISTING BUJl;:.CJING>
1 03/12/02 Conditional RezoninQ from R-7.5 to B-2 Granted
2 01/13/98 Conditional Use Permit ( Church expansion Granted
03/12/90 Conditional Use Permit ( Church expansion Granted
3 03/12/91 Conditional Rezoning from R-7.5 to B-2 Granted
4 09/26/88 Conditional Rezoning from R-5 to 0-1 Denied
5 09/22/80 City of Virginia Beach established Historic District Granted
01/14/80 Conditional Rezoning from R-5 to B-2 Granted
;i,"'<
ZONING HIS:PORY'
JAMES E. & VIRGINIAiO
Agenda I
J dO NOI1VJldlaOW~
0:2:-
-A
<:.
$
'"
g
N
B
J
Jil
2 !:&
~ "
'"Q ;S
ij
'"
c:
'"
~
::J
..c.
g
~
,.J
'1
Ii
fIt
:5
i1
'"
'*
'"
@
~
w
~
:fl1
.", N
'N
lit
:>
o
~
I
,_6
li
j
~ ,~
~ ~
tB: ,q it
~:~ ~~
'ia ~
Wm~ 'i
g j ~
9 j
f !
I
~
i
Il..
~~
ri.
E
@
Q
c
;:
!
'"
...
o
:Ii:
,91
%>
:11
!
~
,;;
Q
x
j j
'4r
~
tl
e
'"
Zl
-j
$1
!!
i
'"
II
g
~
d.
-~
m
.e
m
'"
SO
w
.&
B
'"
...
lE
..
'"
~
&:
m
it
I
m
$1
5i
..
;,
.,
~
W
.J
04
J dO NOIIVJllIIaOW
DISCLOSURE STATEMENT
JAMES E. & VIRGINIAO
Agenda I
Item #6
James E. Owens and Virginia L. Owens
Modification of Conditions
317 South Witch duck Road
District 2
Kempsville
October 11, 2006
CONSENT
Janice Anderson: The next matter is agenda item #6, James Owens and Virginia L.
Owens. This is for a Modification of Conditions that were approved by City Council in
1980. It refers to property located at 317 South Witchduck Road, and this is the
Kemspville District. Mr. Bourdon?
Eddie Bourdon: Thank you Ms. Anderson. Again, for the record, Eddie Bourdon, a
Virginia Beach attorney, and we do appreciate this Modification of Proffers being placed
on the consent agenda. And as a modification, we agree with our proffers.
Janice Anderson: Thank you. Is there any opposition to this matter being placed on the
consent agenda? The Chairman has asked Mr. Henry Livas to review this one.
====:l
Henry Livas: This request is for a Modification of Proffers for the Conditional Change of
Zoning from R-5R Residential District to B-2 Community Business District granted by
the City Council on January 14, 1980. The 1980 Change of Zoning indicated that the site
building could be utilized for R-5R Residential District functions for the sales of antiques
and antique reproductions, and related items and accessories. The applicant however, has
been operating a real estate office on the site for approximately 20 years in contradiction
to the uses allowed under the 1980 rezoning. Due to the lack of complaints, we
recommend that the 1980 proffers wanting to be modified to make the properties actual
use compatible with zoning.
Janice Anderson: Thank you Mr. Livas. Mr. Chairman, I have a motion to approve the
following agenda item for consent. It is agenda item #6.
Barry Knight: Thank you. We have a motion on the table. Do I have a second? Mr.
Henry Livas has seconded it. Is there any discussion? There is a motion on the floor to
approve the consent agenda item by Jan Anderson and a second by Henry Livas. I'll call
for the question.
AYE 9
NAY 0
ABSO
ABSENT 2
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
Item #6
James E. Owens and Virginia L. Owens
Page 2
HENLEY
KA TSIAS
KNIGHT
LIV AS
RIPLEY
STRANGE
WALLER
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
ABSENT
ABSENT
Ed Weeden: By a vote of 9-0, the Board has approved item #6 for consent.
=
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6521
DATE: November 14, 2006
FROM:
Leslie L. Lille~
B. Kay Wilson'"
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application: James E. and Virginia L. Owens
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on November 28, 2006. I have reviewed the subject proffer agreement, dated
June 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
FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS
JAMES E. OWENS and VIRGINIA L. OWENS, husband and wife
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CIlY OF VIRGINIA BEACH
THIS AGREEMENT, made this 28th day of June, 2006, by and between JAMES E.
OWENS and VIRGINIA L. OWENS, husband and wife, Grantors; and THE CIlY OF
VIRGINIA BEACH, a municipal corporation ofthe Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantors are the owners of that certain parcel of property located in
the Kempsville District of the City of Virginia Beach, Virginia, commonly known as 317 S.
Witchduck Road, containing approximately 0.839 acres and described in Exhibit "A"
attached hereto and incorporated herein by this reference said property hereinafter referred
to as the "Property"; and
WHEREAS, the Grantors have initiated a modification to a conditional amendment
to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as
to modify conditions to the B-2 Zoning Classification of the Property; and
WHEREAS, the Grantors have requested Grantee to permit this modification of the
previously proffered Covenants, Restrictions and Conditions dated November 17, 1980 and
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book
2068, at Page 76 (hereinafter "1980 Proffers"), to reflect amendments applicable to the land
use plan on the Property; and
GPIN: 1467-70-6098
PREPARED BY:
;J,D) SYKI:S, QOURDON.
~iI AlI!:RN &. tm. P.C
1
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible 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 proposed modification of conditions to the
zoning, 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 application gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed modification to the
existing zoning conditions with respect to the Property, the following reasonable conditions
related to the physical development, operation, and use of the Property to be adopted, which
conditions have a reasonable relation to the proposed modification and the need for which
is generated by the proposed modification.
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
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:
PREPARED BY:
1. Proffer number "1" in the 1980 Proffers is hereby deleted and acknowledged
to be inapplicable to the Property.
2. Proffer numbered "2" in the 1980 Proffers is amended to read: The Property
may be used as a retail shop for the sale of antiques, antique reproductions and related
items and accessories, business studios, offices and clinics.
3. All of the terms, conditions, covenants, servitudes and agreements set forth in
the 1980 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Deed Book 2068, at Page 76, save and except, Proffers 1 and 2, as
',13 SVl(IS, [jOURDON,
~iI A1lJ::RN & lID, P.c.
2
PREPARED BY:
specifically deleted, amended and modified herein, shall remain in force and effect, running
with the Property and binding upon the Property and upon all parties and persons claiming
under, by or through the Grantors, their heirs, personal representatives, assigns, tenants,
and other successors in interest or title.
The Grantors further covenant and agree that:
All references hereinabove to the B-2 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.
(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;
,m SY~IS, ROURDON.
~U AlIIRN & Lm, P.C
3
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office of
the Zoning Administrator and in the Planning Department, and they shall be recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in
the names of the Grantors and the Grantee.
PREPARED BY:
~,m SYkTS. ROURDON.
~iI Am:RN & lM, P.c.
4
WITNESS the following signature and seal:
Grantors:
/;(7 /'/ ,;,1'
/ /.!- ' /'(/
/ / /' -
. ",/fp'<C>,.f---t:'-:' ( - p,r.c.Y4c/t.--"
/'>/ " James E. Owens
'~/~,d, ~~L)
VirgInIa 1. Owens
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this 29th day of June, 2006,
by James E. Owens and Virginia L. Owens, husband and wife, Grantors.
,1
d i~/Ji
, - y , 14 ../1) , /
, , ' 'C/j' ,( .
//~l{u' I ,IJ ' /1/ C /l-l~:&
Notary Public
My Commission Expires: August 31, 2006
PREPARED BY:
;'13 Syn:s, ROURDON,
~iI MlmN & lM. P.C
5
EXHIBIT "A"
All that certain lot, and parcel of land, with the buildings and improvements thereon,
situated in the Borough of Kempsville, in the City of Virginia Beach, Virginia, containing
0.839 acre, and commonly known as 317 S. Witchduck Road, and bounded on the North
and East by the lands formerly belonging to Dr. Baxter; on the South by the main road now
known as S. Witchduck Road; and on the West by the lands of Mr. Thomas Edmonds, as
shown on a physical survey made by Lee S. Rood, P.C., which said survey is dated march 12,
1980, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 140, at Page 1;
Save and Except that parcel previously dedicated to the City of Virginia Beach, Virginia, as
follows:
All that certain lot, tract or parcel of land, together with the improvements thereon
belonging, lying, situate and being in the City of Virginia Beach, Virginia, designated and
described as: "AREA OF PARCEL TO BE DEDICATED, AREA = 1792.39 SQUARE FEET
(0.041 acres)" as shown on that certain plat entitled: "PLAT OF PROPERTY TO BE
DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA, FROM C. N. SWANNER,
SR., ET UX, C. N. SWANNER, JR., ET UX, AND RAYMOND E. HIGHSMITH, ET UX -
SCALE: I" = 20' JULY 1, 1980, LEE S. ROOD, P.C., LAND SURVEYOR, NORFOLK,
VIRGINIA", a copy of which is attached to and made a part of a certain deed of dedication
dated August 25,1980, by and between Clarence N. Swanner, Sr. and Dorothy A. Swanner,
husband and wife, Clarence E. Swanner, Jr. and Chris W. Swanner, husband and wife, and
Ray E. Highsmith and Linda D. Highsmith, husband and wife, and the City of Virginia
Beach, a municipal corporation in the Commonwealth of Virginia.
GPIN: 1467-70-6098
ModConditions/Owens/Proffer
PREPARED BY:
;J,m SYKIS, !:lOURDON,
Nil AlImN & LM, p,c.
6
r
r
IS
(6
}D
c-
(('
1o.t.:\,..~~......_;.1
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of T -Mobile Northeast, L.L.C. for a Conditional Use Permit for a
wireless communications tower on property located at 1200 Communications
Circle. DISTRICT 4 - BA YSIDE
MEETING DATE: November 28,2006
. Background:
The applicant requests a Conditional Use Permit to allow development of the site
for wireless communication tower. The applicant proposes to remove two (2)
existing lattice-style towers that were previously used for radio communication
purposes and to replace them with a single 120-foot monopole tower. The
submitted site plan depicts a proposed 40-foot by 50-foot lease area located
adjacent to the existing building on the site.
. Considerations:
The request for a Conditional Use Permit for a 120-foot tall communication tower
complies with the requirements for communications tower provided in Section
232 of the City Zoning Ordinance. The new tower will accommodate three (3)
wireless communication carriers. The previous use of this site for
communications towers without incident or complaint reinforces the suitability of
this site for such use.
The Planning Commission placed this item on the consent agenda because the
proposal is complies with the requirements of the City Zoning Ordinance for such
use, the site has been used for such a use in the past without complaint or
incident, and there was no opposition to the proposal.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 to approve
this request with the following conditions:
1. The site and tower shall be developed substantially in accordance with the
submitted development plans entitled "T-MOBILE NORTHEAST, LLC,
SALTWATER LLC, DROP & SWAP, site numberVA50499-B", prepared by
ALLPRO Consulting Group, Inc., and dated 5/15/06. 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
three users.
T-Mobile Northeast, L.L.C.
Page 2 of 2
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
monopole that meets or exceeds the structural criteria in the zoning
ordinance.
5. 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.
6. Unless a waiver is obtained from the City of Virginia Beach Department of
Communications and Information Technology (COM IT), 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.
7. 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.
8. 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.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department?;v)
City Manager: ~s '? ~tsv1'i
T-MOBILE
NORTHEAST, LLC
Agenda Item 8
October 11 , 2006 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Conditional Use Permit for a Communication
Tower
ADDRESS I DESCRIPTION: Property located at 1200 Communications Circle,
GPIN:
14691087150
COUNCIL ELECTION DISTRICT:
4 - BAYSIDE
SITE SIZE:
1,200 square feet (total parcel is 34,433
square feet)
The applicant requests a Conditional Use Permit to allow
development of the site for wireless communication tower. The
applicant proposes to remove two (2) existing lattice-style towers and to replace them with a single 120-
foot monopole tower with capacity for three (3) users. The submitted site plan depicts a proposed 40-foot
by 50-foot lease area with proposed equipment cabinets and a tower.
SUMMARY OF REQUEST
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Small office building, communication towers and equipment, parking lot
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
. Northampton Boulevard
. Open Space (City of Norfolk) I R-5D Residential District
. Military Christian Center / B-2 Community Business District
. Diamond Springs Road
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no known significant natural resources or cultural features
associated with the site.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
T-MOBILE NORTHEAST
Agenda I
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan recognizes this area as being within Strategic Growth Area 1 - Northampton
Boulevard Corridor. This area is suitable for major corporate, employment and industrial uses.
Evaluation:
The request for a Conditional Use Permit for a 120-foot tall communication tower is acceptable. The
proposed tower will replace two (2) older lattice-style towers and will accommodate three wireless
communication carriers. The previous use of this site for communications towers without incident or
complaint supports the continued use of the site for this purpose,
CONDITIONS
1, The site and tower shall be developed substantially in accordance with the submitted development
plans entitled "T-MOBILE NORTHEAST, LLC, SALTWATER LLC, DROP & SWAP, site number
VA50499-B", prepared by ALLPRO Consulting Group, Inc., and dated 5/15/06. 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 three 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.
5. 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.
6. 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.
T-MOBILE NORTHEAST, LLC
Agenda Item 8
P 2
7. 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.
8. 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.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet a/l applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
T-MOBILE
AERIAL OF SITE LQCAtION\ ...
T-MOBILE NORTHEAST
Agenda I
~~V^'H:rtaBttNlffiM
!iZl'allll9
'3MIOS(JO(Ii\\3.LWOdOCOUOO:
~~I
\IlOO~-_
~;Qj
rtll../.5I'Ht:NlIld
_l:U~
toi.J'IilJiiCo:J'N_
,---.--J!!'<KlaltDrHiioolXJ
OHd "V
-- ~..
~..~. g~ filz ~
$........ffi..~... a~ ~ 81.:5 ..........N..
~i!;("~m H:5 fb ~ I
,.~(5 ;i! · z!::: i U
;.,J..~ .5i w U)
~..o .~.~ ........ ...... ,
-
~ll '1S\f3Hl~ON
gnqow. . '1 . . . .
r--
I
~
\
,~
\
~
"l'J
',,\
\\
\~
PROPOSED
Um:ZVA 'HOV:!9lf1N1D~
",'3lIflS
~SOOOM:U~:)6lO!i
::>ll'lSV3HH:lON
gnqow" . "J:
'3---;1.
g ~
2 ~
w 0
i--J
~~
~ z
w. w <
87 ~ T
m :)-
b
o
~
l;'
~ ill
2~
.~~~
'"
is
c; ,
~"'-"l~
~ r ~N ~"
~~ ::~~.~. ~
." ~;!: ~
~ 1l::.....0
~ ~__---J
it
~~w r
~~~l
~~~~
i~
I
~
2~~
~if
:L~
~~I'
> " ,I
~ ~. i j f~ ~
; i t-'~~
r;;
~~ L.,
~ W 2;
j' is,,
~ ~,
t---1
'"
;(.\
~~
t~
--, ,~.
~ ~~~
~ 0<""
"~""~
~~~~:
g~~'llb
~O~~g~
U!m
\ ~ ~
f=(t
= "h, _. I,=
I
I
gl
~i
bb
~
l---
,
r1
~~~
i~~~~
~~~_:.(
'~.'~
~~~~;
='~p-MUo
iit91K'm :...-:t
llih5hit~
~G.!n 'ultjulllf'al
m\.l-,fJ:) ''-'~
_-;tlllrlml9UNl.l.'lmm
OtldllV'
..- J
o
2
~
is ~
9 ~
~
,
~ ~
~ :
~ ~
2,. \..
:;; w~
~ ~~
;(
~,--
-.ii-:Jl:i
@
i I
I
z
-<<:'
---'
Q
.00:'
~I'
8:!
~.~
0 ,
-'0. 'ilLI1 ..~
-'<( ~~
"'''';!: "<~~~ M
mW",
~~~ 59 ~.Z0< I
>~g; I: ~~~~ U
-'It: .1 <(0
<(c
"' 0
---'
:;c
>-
WJ
o
~ '",:z; @
Ig . ~ ~
~~ i g ~
5~ I ~ "~
~g ~8 t1~
~~ u.... ~" ".
z ~.= ~.~ ~.~.
~. ~, "i'l ~
1i~ t, 8 if, lll~
"'Zi- r;~ ~~ ~ ~~~~
" ~ii ;~
~ ~i s~ eg ~ .. ~.:.~~
~~ ~~ ~ ~ ~~:~~
~.x ~ B
6~ ~< :; ~~!~~ ~~~
~~ ,0 iH ~
;11 .. ~ct:;iol:>!
~~ ~t < ~~~~~ ~'5
~< 81-':' .,u~g~ ~~~
g~ ~< n" ~~~~g
~~ mi ~..<
~; c hi:;;;:;; t~ ~~~
I
~/
:> w~
fd~~3
'$ w .::1 m
S ~~_...J'" ~~
~ i= Ui
l/'l ,-,""'" G:
'-' ~ S!
7~__S\
:>
g
.00:
Z
Z
Li.J
>-
Z
<(
__J
~
<:
CL
!!
.~'~
&:~
~~
~~~
~.~~
k~~~;
~i~
H~
e;~i
\
\
'......~-......
;-
2
*
@
"
PROPOSED TOWER
T-MOBILE
"'
~
~"'
z:
if:
~~
@)
I
~!
Oi
,
~.,~.I'
=>
9
(.1,":1
:_,j,'"
cok
---t: ~ 'l
c~;~
'-
22::
;:6
~z
~.~
~g
00
''''--,
CUP - Communication Tower
1. 7/12/05 Conditional Rezoning (0-2 Office to 0-1 Office) Approved
8/3/87 Street Closure Approved
4/13/87 Rezoning (R-8 Residential and B-2 Community Business to Approved
0-1 Office (now 0-2 Office))
2. 8/9/06 Conditional Use Permit (car wash) Pending
7/12/05 Conditional Use Permit (fuel sales) Approved
4/7/65 Rezoning (CL-1 Limited Commercial and R-S 3 Residence Approved
Suburban to C-G3 General Commercial) and a Conditional
Use Permit (automobile service station)
3. 8/27/97 Conditional Use Permit (commercial recreational facilitv) Denied
4. 12/9/97 Street Closure Approved
5. 12/2/98 Conditional Use Permit (automotive repair) Approved
T-MOBILE NORTHEAST
Agenda I
R
ZONING HISTOR~
i
m
Sl
@!
)
i
i
!i
~
~
~
d'-'
It
!i
",l!
~t
li
",,€j
~..~
oj
-l~
""
d
fi
"'"
d
:s
.c
is!
~-
00
o
ffi
.:tj;
'~
8Jil
g
d
,
ill
:s
i(i
~
C
'"
E
~'
ci
.w
!
't:
t\l
"'^
ifi"
)j;
~
! ~
<5
5
I
I 8'
I~
sf.
~
~
!
Ill'"
<1i c
Ji
Ii
;~
It
$9-
~i
c
'iij~
~'I
~"-
I!!
I
~
<:0'
M
;ll
ill
S
III
tt:
::::l
(/,l
~
is
m
~
i ~
i !
5 f
N
,:
!
s
c
OJ
<t>
!
J
~
i$
E
'0
11>
'5
111
c
~
'E
<ll
d
'"
'"
I
~ 5:
(i -
I'~
l!>(~
15 <:> 'l!
~Zii
l
~
'"
c
~~
:>
'Q
(j
ill
.~ ". .,',a
~'Ei
c <ll .c
ill 1$ ~
UJ .ti} tJ'1
~:I:l':'
Cl W "'"
T-MOBILE NORTHEAST
Agenda I
E-
Z
-
o
~
J
~
0,
DISCLOSURE
Item #8
T-Mobile Northeast, L.L.C.
Conditional Use Permit
1200 Communications Circle
District 4
Bayside
October 11, 2006
CONSENT
Janice Anderson: The next matter is agenda item #8. It's an application for T-Mobile
Northeast, L.L.C. This is for a Conditional Use Permit for a communication tower on
property located at 1200 Communications Circle in the Bayside District. Welcome Mr.
Gambrell.
Bill Gambrell: Ms. Anderson and members of the Planning Commission, for the record,
, my name is Bill Gambrell. I'm a local land planner, and I represent the applicant. We
have reviewed the conditions, and they are all acceptable. There is one small change.
Condition #4 says, "shall be a spun concrete pole." We have asked the staff, and they are
agreeable to changing that to a monopole tower. Sometimes the spun concrete poles are a
little trickier to get three users on them.
~
Janice Anderson: What condition?
Bill Gambrell: Condition #4, we would just request that we would change "the proposed
tower shall not exceed 120 feet in overall height," which is fine, and "shall be a monopole
tower that meets or exceeds." We may well use a concrete pole structure, but we wanted
the flexibility in order to be able to get the extra users on there if that becomes a problem
for us.
Janice Anderson: Okay.
Ronald Ripley: Does that affect the top of the array antennas that you use?
Bill Gambrell: Not at all.
Ronald Ripley: For a satellite feed for receiving signal.
Bill Gambrell: Not at all. It really affects nothing. It is just that the ports on the concrete
poles sometimes are not lined up so we have the option of getting additional cables
inside.
Janice Anderson: Is there any opposition to this application being placed on the consent
agenda? Therefore, the Chairman has asked Ron Ripley to review this application.
Item #8
T-Mobile Northeast, L.L.c.
Page 2
Ronald Ripley: Thank you. This is an application that was recommended for approval by
the staff, and the Commission reviewed it and felt it was worthy to be on the consent
agenda. We did not find any issues that it should not be on the consent agenda. It is
basically a communication tower that is being placed near the intersection of
Northampton Boulevard and Diamond Springs Road. It is actually replacing a couple of
towers, I believe, that are being taken down in that area and replaced with the pole that
we just discussed. So, we put it on the consent agenda because it seemed pretty routine.
Janice Anderson: Thank you Mr. Ripley. Mr. Chairman, I have a motion to approve the
following agenda item for consent. It is agenda item # 8.
Barry Knight: Thank you. Is that with a change of item #8, condition #4 from spun
concrete to monopole?
Janice Anderson: Yes.
Barry Knight: Thank you. We have a motion on the table. Do I have a second? Mr.
Henry Livas has seconded it. Is there any discussion? There is a motion on the floor to
approve the consent agenda item by Jan Anderson and a second by Henry Livas. I'll call
for the question.
~
AYE 9 NAY 0 ABSO ABSENT 2
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
KA TSIAS AYE
KNIGHT AYE
LIVAS AYE
RIPLEY AYE
STRANGE AYE
WALLER ABSENT
WOOD ABSENT
Ed Weeden: By a vote of 9-0, the Board has approved item #8 for consent.
r
~1"',
,{~""'c4'" "J~f;#~...
rd"'~I' ".::t'
~!~f '~;.'- \~\
'.':!~ :...
\f~...,.~.,:::l!
........;;..:........~
'""
\...
CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM: Application of FF Acquisition, L.L.C. for a Conditional Use Permit for fuel
sales on property located at 1021 Independence Boulevard (GPIN 1478464114).
DISTRICT 4 - BAYSIDE
MEETING DATE: November 28,2006
. Background:
The applicant requests a Conditional Use Permit to allow the installation of four
(4) fuel dispensers and a canopy within the existing parking lot of the Haygood
Shopping Center. The center is undergoing renovation with the addition of new
facades on the buildings and landscaping within the parking areas. The proposed
fueling center will be an adjunct to the Farm Fresh Grocery Store, which recently
opened in the center. The facility will be manned and open to the general public.
. Considerations:
The submitted site plan exhibit depicts the proposed canopy and fuel stations in
the northern portion of the site, adjacent to Haygood Road. The canopy over the
pumps will be 40 feet from Haygood Road and between 80 to 85 feet from the
main Farm Fresh building. Extensive landscaping will be installed to match that
recently installed throughout the shopping center.
The submitted rendering depicts an attractive, quality design compatible with the
Haygood Shopping Center. The proposed design mitigates any potential
negative impacts due to light pollution, signage, and safety concerns as found
with some existing uses in the surrounding commercial area. The use of brick
columns and a green standing seam metal roof mimic the materials used to
improve the fac;ade of the shopping center.
The proposed service will provide an added convenience to the public within the
immediate area, as only five (5) fueling facilities exist along Independence
Boulevard between Virginia Beach Boulevard and Shore Drive. The conditions
recommended with the use permit provide safeguards that the proposed canopy
and fuel operation will not adversely impact nor be aesthetically unappealing to
the surrounding properties.
There was opposition to the request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 to approve
this request with the following conditions:
FF Acquisition, L.L.C.
Page 2 of 2
1. The proposed canopy and fueling stations shall be located substantially as
depicted on the submitted "Exhibit for Farm Fresh - Gas Pumps, Haygood
Shopping Center, Independence Boulevard and Haygood Road, Virginia
Beach, VA", prepared by MSA, P.C., and dated 7/25/06, which has been
exhibited to the Virginia Beach City Council, and is on file with the Virginia
Beach Department of Planning.
2. The canopy shall be constructed in substantial conformance with the
rendering submitted with the Use Permit application. The canopy shall be
constructed with a standing seam metal roof and brick columns that match
the existing shopping center fa<;ade. Said rendering has been exhibited to the
Virginia Beach City Council, and is on file with the Virginia Beach Department
of Planning.
3. There shall be no signage, lettering, clocks, striping, or logo recognition
(either through the use of slogans, lettering or colors) on any part of the
canopy, including the canopy supports. The canopy shall remain clear of any
advertisement except for the sign identifying the operator.
4. The applicant shall provide a photometric plan for review and approval by City
staff. Flush-mounted or full cut-off lenses shall be used for the canopy
lighting. Canopy lighting levels shall be a maintained average of 30 foot
candles (fc). All lighting on the site should be consistent with those standards
recommended by the Illumination Engineering Society.
5. There shall be no outdoor vending machines, ice boxes, or the display of
merchandise anywhere within the facility area.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmenfj!J
CitYManager~ 1,- ,~J:YI-'L
FF ACQUISITION,
L.L.C.
Agenda Item 20
October 11 , 2006 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Conditional Use Permit for fuel sales
ADDRESS I DESCRIPTION: 1021 Independence Boulevard (Haygood Shopping Center)
GPIN:
1478464114
COUNCIL ELECTION DISTRICT:
4 - BA YSIDE
SITE SIZE:
16.85 acres (shopping center site)
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow the
installation of four (4) fuel dispensers and a canopy within the existing parking lot of the Haygood
Shopping Center. The center is undergoing renovation with the addition of new facades on the buildings
and landscaping within the parking areas. The proposed fueling center will be an adjunct to the Farm
Fresh Grocery Store, which recently opened in the center. The facility will be manned and open to the
general public.
The submitted site plan exhibit depicts the proposed canopy and fuel stations in the northern portion of
the site, adjacent to Haygood Road. The canopy over the pumps will be 40 feet from Haygood Road and
between 80 to 85 feet from the main Farm Fresh building.
The submitted rendering depicts an attractive, quality design compatible with the Haygood Shopping
Center. The proposed design mitigates any potential negative impacts due to light pollution, signage, and
safety concerns as found with some existing uses in the surrounding commercial area. The use of brick
columns and a green standing seam metal roof mimic the materials used to improve the fagade of the
shopping center.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Parking area for Haygood Shopping Center
SURROUNDING LAND
USE AND ZONING:
North:
. Haygood Road
. Across Haygood Road are commercial uses / B-2 Business and
0-2 Office
. East Honeygrove Road
. Across East Honeygrove Road is Old Donation Center School /
B-2 Business
. Independence Boulevard
. Across Independence Boulevard are commercial uses / B-2
Business
. Offices and service uses / B-2 Business
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is almost entirely impervious with the exception of some minimal
landscaping in the parking lot. There are no natural resources or cultural
features associated with the site.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP):
Haygood Road adjacent to this site is a four-lane minor urban arterial. The Master Transportation Plan
proposes a 100-foot divided roadway with a bikeway. There are no CIP projects slated for this section of
Haygood Road.
Independence Boulevard in front of the site is a six-lane major urban arterial. The Master Transportation
Plan proposes 150-foot eight-lane divided roadway. There are no CIP projects slated for this section of
Independence Boulevard.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Haygood Road 19,689 ADT 22,800 ADT Existing Land Use L - 0
ADT
Independence Proposed Land Use 3 -
Boulevard 51,695 ADT 42,100 ADT 1,348 ADT
Average Dally Tnps
2 as defined by shopping center parking
3 as defined by eight fueling stations
WATER: If water is necessary for the use, the site must connect to City water. There is a 12-inch City water
main and a 24-inch City transmission main on Haygood Road. There are 6-inch and 8-inch water mains, which
run through the property and may be relocated.
SEWER: If sanitary sewer is required for the use, the site must connect to City sanitary sewer. Analysis of
Pump Station 339 and the sanitary sewer collection system is required to ensure future flows can be
accommodated. If the connection is made to the 8-inch City sanitary gravity sewer main on Haygood Road
analysis of Pump Station 333 will be required. There is an 8-inch City sanitary gravity sewer main and a 14-
inch City sanitary sewer force main on Haygood Road.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The proposal is in conformance with the Comprehensive Plan's recommendations for this area. The
Comprehensive Plan recognizes the need for commercial activities within the Primary Residential Area
provided that "effective measures are taken to ensure compatibility and non-proliferation of such
activities. .
Evaluation:
The proposed addition of a canopy and four fueling stations is acceptable for the location. The proposed
service will provide an added convenience to the public within the immediate area, as only five (5) fueling
facilities exist along Independence Boulevard between Virginia Beach Boulevard and Shore Drive. The
recommended conditions provide safeguards that the proposed canopy and fuel operation will not
adversely impact nor be aesthetically unappealing to the surrounding properties.
CONDITIONS
1. The proposed canopy and fueling stations shall be located substantially as depicted on the submitted
"Exhibit for Farm Fresh - Gas Pumps, Haygood Shopping Center, Independence Boulevard and
Haygood Road, Virginia Beach, VA", prepared by MSA, P.C., and dated 7/25/06, which has been
exhibited to the Virginia Beach City Council, and is on file with the Virginia Beach Department of
Planning.
2. The canopy shall be constructed in substantial conformance with the rendering submitted with the Use
Permit application. The canopy shall be constructed with a standing seam metal roof and brick
columns that match the existing shopping center fa~de. Said rendering has been exhibited to the
Virginia Beach City Council, and is on file with the Virginia Beach Department of Planning.
3. There shall be no signage, lettering, clocks, striping, or logo recognition (either through the use of
slogans, lettering or colors) on any part of the canopy, including the canopy supports. The canopy
shall remain clear of any advertisement except for the sign identifying the operator.
4. The applicant shall provide a photometric plan for review and approval by City staff. Flush-mounted or
full cut-off lenses shall be used for the canopy lighting. Canopy lighting levels shall be a maintained
average of 30 foot candles (fc). All lighting on the site should be consistent with those standards
recommended by the Illumination Engineering Society,
FF ACQUISITION, LLC
Agenda Item 20
Page 3
5. There shall be no outdoor vending machines, ice boxes, or the display of merchandise anywhere
within the facility area,
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
FF ACQUISITION
Agenda It
p
AERIAL OF SITE LOCATION
FF ACQl..HSITION
~gf?nda It
8!i ~
d i!.
f~~~~
.e..-&..~
.ll"'z;:~"
~ ~
j ~H
fIn
:. l~ll
jj .d~
r:. O.l!#
.,.,=
.11 N
U ~~ ~~ ~
~8.. ;:~ ~
~r~ 1~ j
<3] .S: ..
.' :5;1: ;;
< R,!!',~ !
.~iI ~~ .
" .,.x,'il, '~2-I~
r/H~ ~~' -
~ ~l~ il~a
. e "'''! 'l
~ ~~
II
sJ
l~
.~ !Ii
~~ Hi
~ j Ii!
w'8 IIi
~ 5 Ii
0'" ~
~ Ii
~ 'Ii
t.1
~a'
~H
:~;
oj~
CJ')
0.
E
:J "
<II
0... 0
0::
CJ') "
0
~ 0
tIC
LJ ~
:r
"0
c
.... <II
..c: $"0
c :u
CJ') Ql >
U Ql
C\) tIC '3 -(
~ .[g>
u. C. Ql .r.'
o u U
<II
Ql
Total Parking Provided:
Original Existing Parking Before
Island Modification: 953 Spaces
% of Storase Area in Shopping Center:
15%
Required Parking: 810 Spaces
(953 x 15%)
PROPOSED BUILDING ELEVAtiON
FF ACCR.1ISITION
IAg~nda
1
8/3/66
2.
3.
9/29/69
6/18/73
12/8/75
9/26/77
11/26/96
1/24/72
9/26/95
5/25/99
9/27/05
7/11/06
Rezoning (RS 1, RS 3, & RS 4 Residence Suburban to CG 3
General Commercial)
Conditional Use Permit (Dance Studio)
Conditional Use Permit (Childcare)
Conditional Use Permit (Self Service Gas Station)
Conditional Use Permit Mini-warehouses
Rezonin B-2 Business to 0-2 Office
Conditional Use Permit (Roller Rink)
Conditional Use Permit (Communication Tower)
Conditional Use Permit (Commercial Recreational Facility)
Modification of Conditional Use Permit (Roller Rink)
Modification of Conditional Use Permit (Communication
Tower)
ZONING HISTORV
Approved
Approved
Approved
Approved
A roved
A roved
Approved
Approved
Approved
Approved
Approved
FF ACqt.jIpITION,
~gendalte
~
"
:J
;I;
c:
....
u
~.
Q
~;;i
8 ""',s
i .~~8
,. 11 "
~ -5 6
~ ,'S,~
t ~
J;
1;
E
.8
%ii
"a
"
'F
,S
~
7!i
's;l
~
~
~
H
(;;;
~
.J;;
;;,:
ii
<[:1
~%i
.t:.e;
;"4;
~i
.0.
~
'e
~
it
;'5
':<"i
~
~ .~
E
~;
'i.
{,
S
g
)'::
1!
:E
;,;
~
~
j
"4
n
tl
-;a
'"
M
E
P
E ~
~~
;i:,j
~."O
J:' E
32
1~
IIWlI3d 3S11. 1JVNOIIIONOJ
')
TI
B
%
i
11
~
i'1.
e
.~
f
(
M
e
.~
A
.,~
'A
B
B
J>
1
~
':;
B
~'
1
J>
~
!i
a.
~.
<;)
r;
..0::
~
~
w" "~
ij-g
j~
~ ;;
--a. v
51:
"S'
n
~
~
B
tl
~
~.
S
A
>~
it
Jii
~
IT.
~
X
:4
e
[
"
..
~
;..<:,
;c
~
~
t1
~
.;;.-.,
.Z-;
':i!:"
.M
J
'E
~
M
.~
,Sf
~
::W
l
~.
TI
i
"
:t
J!
J
I 'g
~'*
lli'~~
~l
Property Owner's
CERTIFICATION: the il1fortllatltm contained herein is true and accurate. 1
understand that, upon of notification (postcard) that the application has been scheduled
for public hearing, I am responsible for obtaining and the required sign on the subject
property at 30 days prior to the scheduled public according to the instructions in
this undersigned also consents to entry upon the property by employees of
the Department Planning to photograph and vie\", the site for purposes of processing and
evaluating. this application.
Haygood SC, L.L,C.
By: Acadia D.R. Management, Inc., its
Senior Vice President
Date:
2006
..
lo.
Q
Q..
<;)
0::
'"
lo.
I\,l
.t:I
=
I\,l
~
tt":;.
~
;; d 8:
w ;...,~ ~ ~
~ tl ~ ~ !;t
.~,' ~ '~,,~,',~"6 g
':' ~ ~:-:.: m ;,r-,
U ~ '~;: ~~'
t:' a-,~t ~ ~ ;:;
2 ,~,~ ~ -
%%U ~i ?~ ~ --
~:.>~ -" p~ ~ ~.J.-.~!
=,i_,...,-,:.~.:,..':~,~~~'N,~...'~, v ~-,.
~~iil_lllli~~;1 I.tll
~~~>lg;8~582~~'~4~~>2~
]]~j~~~;~];~~~]~~jj~~
..
'"
lo.
I\,l
<,;
e
o
w
wi
-
.~
......
";;
'S;
cr
I\,l
<
~
~
a
~
if)
~-
~~.~ ~~g
t,:: B /~~ ..... a: t;~
~:C~~,~~~
li::g.:=,~~
"IT ::3. g~, g~'~
'$ ~ 0 g ij ~.1:3'~' ~
r< ?,S- ,;a Q ~. ,g ~. ..S, ?3
_if)~ ~.~.~ ~ ~ ~
5
'"
1;
~.
c ~
~) ~
:2-
..
'"
lo.
e
.....
t,;
IV
lo.
is
'"
lo
<\I
...
!:::::
o
--y;>
E-
d <J
! c 4 ~~
2- j;
-0- ? ft ~
F w ~ Cj
1; &1
!j 8 ~
~ ~ .;L
n ';'>
~ c~} ~ V',
Q
~ e ;; ,." ;:'; ~
B ~ '" ~ ~
C;. ~ .......' 2
E -<
;:.. '.J ,r, >- z
u 2 "i 8 ~
f' '" .~ ~
~ :2.
~ 'U 7; $ ..,d
11 (I^; w
CJ z: '0
<8i ~ z;.) ~
-J ;.c #'"
,~ >) ~.
B ] "9
*"T ~ 5 -
c x .~ ~"
;( .~ 'E
J1? 4: 11 >) ~
~g -
> 1.d ::: ii:
<\I W C (3
- .~ 'E
:I "'" C> Cj C
... 2. ~ II
<\I U
:I v '" Q
lo V'i };; W
...
fJ). -' ,[ti 0' 0
Q., d' ~ x 11
~
:a :( t i .j
~ -
r; 8 '~ ~
$ E ii: ~ ~
,Q iJ '"
e ~ It .:e ~
<\I < :c C>
:;; ~ ::::11- U .t:::
tk V'i t2 t2 ,
DISCLOSURE STATEMENT - continue.d
FF ACQUISITION
Agenda Ite
p
B
<11
'"
III
'5
S~~
t: <l).;;t;
8uN
""i<(
.s1!>
8: ~.i
Blllu
(.I)1!~
u-m
o <rm
g,S'E:
>-C~
(\'jl()'~
:r:~>
~
o
0::
>.
c:
m
Cl.
. S
00
. u
-!,.?;>
..J=
<0
Om
(/)=
ci
O:t:
OE
C)=
~ ~
::t3:
m
iD
Cl
m
;;<:
~-
'i.
~
~..Ja.:
o !:I ...l_
~....l:=
.~~o
lU<Z
mo.::l
::l u.
....l
#
i-
m
g] w .
....ll-o.
O~...l
<{/)....:'
~w-
~....lO
w<Z
mw::l
::l~u.
....l
u.~
~-
nl
~....l=
w<o
....lwz
O~::l
1....lLl.
~~!:!
l<<ii:~
::l<CI.l
....lOW
~-
t:i
o
o ..5 1::'
(,!) . 0 Ql
>-<.'!S.l:l
<-101;
:r:....l....\ll
CI.l e:. :it
~
:os::
~
n
~E
-'"
~:ii
~i
~
O~
o=> ,
aOo
(,!)W...l
>- Ll. .
<u.....l
:r:<
....l
:os::
~-
to
o
....l ~
....l l!!:= >-
:$t:illl.oC
Oo~~~
()OlU~E
<<-'0:;:::8
>-lllE
< =
:r:
4
..
~
-~-
lJ .8-
,- .c
~~a.:l!!l!!
'a '2....l, III ~
b.:J ~ 1::
(/) 1:: -o.!J! rn
l\lot.::wa.
,- Q.:;J'o'O
'tl Q.u. III 1Il
50 '~
< :=
..
~
'"
n.
-iil
iil
co
..
Ci
l.'.... ~
"(ii. Co l!!:= >-
Qllll.p C
a:ig~~lll
,!!! '5 ..J 'iij .~ E
1 C" q~g
:i:i m~
ill!
. !II
:>
.5
..
1i
tIJ
..
..
1
:1E
'"
15
lI)
a.
~ a. ~
'ii .. ,-..... fe ..~
Qj'tl..e:.lll~
~:!les:€
.!ll's ~ ~ ~ -
'0'- 1:: 0
11l....l 1\1 mil
< 0. ~
-
In
me
:elr
~.t-
<I
~
l~
If
;;;
4i
c:
'"
t:)
DISCLOSURE STATEMENT-
=
Item #20
FF Acquisition, L.L.C.
Conditional Use Permit
1021 Independence Boulevard
District 4
Bayside
October 11, 2006
REGULAR
Joseph Strange: The next item is item #20, FF Acquisition, L.L.C. Application of FF
Acquisition, L.L.c. for a Conditional Use Permit for fuel sales on property located at
1021 Independence Boulevard, District 4, Bayside, with five conditions.
RJ. Nutter: Thank you very much Mr. Chairman and Members of the Commission, my
name is R.J. Nutter, and I'm an attorney representing FF Acquisition, L.L.C. With me
today is Mike Perry, who is taking a short break after the last presentation, with MSA,
and Mike Griffith, who is FF Acquisition. For those who don't know, FF Acquisition is
the branch of Farm Fresh that is responsible for all your store construction, renovations,
new acquisitions, and landholders. Anyway, that is why we filed in that name. As you
know, this shopping center, Haygood Shopping Center, has undergone a large measure, as
a result of Farm Fresh, a multi-million dollar renovation that has resulted in a newly
landscaped, beautifully new shopping parking area that did not meet condition #4, even
though it would have been grand-fathered in, but they went ahead and agreed to do the
landscaping in the center regardless. In addition. Farm Fresh is a by-right activity that
elected to build a beautiful store. One of the largest stores in fact, with all their new
amenities, including, I might add, valet parking in this facility that is going to be available
for the shoppers, as it will in many of their other stores. When they were doing that,
looking for this location, one of the reasons they selected was it had terrific access. This
shopping center is a large B-2 area entirely. It is zoned complete B-2. It is almost entirely
unconditional B-2. It has two access points off of Haygood Road. It has a large lighted
access point off Independence, and a lighted access off Honeygrove to the south of the
shopping center, as well. I see your reading that letter. I'm going to let you have a few
minutes to do that. The gentleman who wrote the letter came early, but he had to leave.
He said that he couldn't stay. He was on the clock he said but I directed him to Faith and
she made copies of the letter. I believe there is one gentleman here in opposition, and that
is why we didn't try to get back on consent. , So, for the purpose of that individual I would
like to share some of the facts about this. We looked at the site and one of the reasons
they selected it was because of terrific access off of Independence, Haygood, and the
street to the south, which is Honeygrove. In addition to that, they had sufficient room and
parking availability to add a gas facility, which Farm Fresh is the only grocery store in
this area that provides, with the possible exception of Wal-mart and/or Sam's Club and
BJ's. In terms of the grocery stores that are not scaled, this is the only grocery that offers
this. It is a unique service for its customers. I tell you this because the tranquility is a
very low volume user. If you were to come in as a freestanding gas station, frankly the
Item #20
FF Acquisition, L.L.c.
Page 2
=
numbers wouldn't make any sense. It wouldn't be able to meet a business model for a
standalone gas facility. They just don't have that kind of volume. To give you an idea
the volume is anywhere, depending to what you compare it to, and particularly for this
one which is having four fueling stations, is anywhere from one-fifth to one-third the
typical amount of gas sales at a Wawa or a gas station. So considerably lower. The other
that I will share with you about it is that it is designed predominately for Farm Fresh
customers. While they do not limit it to those, they are designed primarily for those
customers. I will tell you how it works. When you go in and buy products from Farm
Fresh, many of those products have discounts available on gas. It depends on which
products and the quantity on which you buy them. They will go to check out and you ring
out, and it will then tell you how many cents per gallon you have saved on that
transaction. You then take your receipt from Farm Fresh, and there is a bar code at the
bottom of it, and you swipe that and that reader card at that facility and that reduces your
price per gallon of gas. The price reduction per gallon is significant. It is not three or
four cents, but it can be as little as that if you buy a particular item, but typically they
range anywhere from $.20 cents reduction per gallon up to as much as $1.00 off per
gallon. So, as you can see there are significant benefits for Farm Fresh customers. The
principal users are Farm Fresh users, and the result is people coming to this center to go
to the brand new multi-million dollar Farm Fresh are going there. They will be driving to
this location. They are going to go to this facility. It is not to say that the general public
won't go there, but it is to say that it is probably oriented towards them. That is why,
frankly the volume of gas sold are lower than a typical gas station. So, I say that because
I know traffic has been an issue. I want to let people know that it is a low volume use.
Another interesting thing is if you look at this, there is plenty of room to add a
freestanding site. We can a restaurant, a Starbucks. The owners of the centers could add
a Starbucks, as with any of the by-right users in B-2 activities can draw substantially
more traffic than this particular location. We only relying the existing access roads to the
center. This facility has no independent curb cut. It has no independent access to
Haygood Road or any other center It solely internally accessed through the shopping
center and interior roadways. So, it is not adding any additional curb cuts on Haygood
Road at all. There are a couple of things that I would like to share with you about it. It is
in compliance with your Comprehensive Plan. Your staff has recommended approval. I
think I told you about the volume of use. One other thing that I would like to add for you
is that is simply a gas operation. Many of the stores that you're used to today are
convenience, 7-Eleven, Wawa, and so forth. This has none of those facilities. This is
gas-sales only. In fact, the restrictions imposed by staff even eliminate coke machines
from this facility. It is strictly gas. You're not going to pull in here and get a pack of
cigarettes, soft drink or anything else. They are simply not available. I say that to you
because the first item on your agenda today, which you approved on consent agenda was
Wawa at Indian River Road, and they are a complete Wawa operation with multi fueling
facilities and convenience store with the Harris Teeter store as the anchor. So, I will tell
you that this is something that if you put it in comparison the use of this facility is
dramatically, dramatically lower than others. If I could, two things I would like to
comment on. The first is the conditions are acceptable with minor deviation. Condition
Item #20
FF Acquisition, L.L.c.
Page 3
=
#3 relates to the signage on the facility. This language is fine except that we would like
to add one sentence at the end, and I will tell you where the sentence comes from. A
facility likes this exists at identical fashion at the Strawbridge Shopping Center off of
General Bridge Boulevard. Weare allowed at that location to have advertising on the
canopy identifying the store operator, in this case Farm Fresh. In fact, I brought along
with me copies of those conditions from the 2005 approval, actually February 2005
adding that exact language if we could. I brought along and I'll be happy to pass out to
you. While I address the second issue. I've underlined that particular sentence. The
second thing is to try to address the gentleman's letter that you were reading earlier. He
had asked us to, and I spoke to him before he left. He said, we love the Farm Fresh, but
we would like for you to consider not having it here and trying to acquire the Getty site at
the corner. The Getty site, if you will, which is in essence vacant from a Use perspective,
however, regrettably the Getty site is under a long-term lease. Also, there is a first right
refusal from, in essence from Getty Oil, in this case the owner of that right is actually
Luke Oil Company, which is an oil company, which is owned and operated and based in
the Soviet Union. The owners of the shopping center, which we happen to represent,
have tried on numerous occasions to get release of that site, and simple we can't get it.
We tried using it for other purposes over in the gas station. We simply can't get any use
or release of the first refusal or of the lease that is on that site today. That site is not
available to us. I know that many of you live in that area and travel by that area. You
probably want to know what is going on with that site? It is tied up with that situation.
So, that is not an available site. This is a terrific site. It has no independent access. It is
only internally access. It is a dramatically lower volume user than either by-right activity
or anything close to it from a typical gas station, as I indicated to you. So, the other thing,
finally, most of the customers that will come to this gas facility will be Farm Fresh
customers, and most of these Farm Fresh customers will be people who live in close
proximity of this. This is going to be a terrific benefit to them. Typically, we have gone
through some big hole price increases here lately. I will tell you that everyone in that area
is going to want to avail themselves of their shopping purchase at Farm Fresh to try and
use this. So, if there is opposition, I would tell you that you are going to have a lot of
support for this from the customers and people in the area. I'll be happy to answer any
questions that Mr. Chairman, you and the other Commissioners might have.
Barry Knight: Are there any questions for Mr. Nutter? Not at this time.
RJ. Nutter: Yes sir. Thank you very much.
Joseph Strange: Speaking in opposition we have John Hanson.
Barry Knight: We1come sir.
John Hanson: I'm John Hanson, with Hanson and Associates. I'm a business owner
across the street from this, and also a resident of Lake Smith Terrace. I did speak with
Tom Klein, who represented Farm Fresh in reference to this last Friday. He and, I think
Item #20
FF Acquisition, L.L.c.
Page 4
one of the architects or engineers for Farm Fresh wanted to talk to me about this. The
problem there is not so much the gas station but it's the traffic. The traffic at that corner
of Twain Lane and I'll point it out to you, right there, and coming from the shopping
center, and coming from... there is a McDonald's here. There is a feeder that runs behind
McDonald's to Taylor's Do It Center. There are two entrances and access to
McDonald's. I have been in this building for 28 years. We've seen numerous accidents
either coming from the shopping center or coming from Taylor's Do It Center or from
Twain Lane, probably on average of two a month. On Haygood Road, the city records
indicate from Wesleyan Drive, which is by Bayside High School to Independence
Boulevard there are 20,000 cars a day. To put a fueling station there, it is just going to
increase the traffic. There is no traffic control except they have a turn lane that comes in
and people coming out of the feeder road from McDonald's and from Taylor's Do It
Center, try to make a left hand turn to get to Independence Boulevard. A lot of the
accidents occur there. Traffic coming out of the shopping center. You have to sit there
and wait to cross the street to make a left hand turn. I'm opposed to the application
because for that. I might note that the Lake Smith Civic League just found out about this
just last week. They are opposed to it also. I've talked with Al Wallace, the President.
They were all under the impression it was going to go on the corner of the old Getty Mart.
Barry Knight: Are there any questions for Mr. Hanson. Thank you sir. Mr. Nutter.
=
R.J. Nutter: Very briefly. Mr. Klein works in my office. Mr. Klein and Mr. Perry did go
and meet with Mr. Hanson last week. We explained everything to him. And they did ask
him to try to separate the issues from this, because it is a low volume user, from the
traffic problem that he is experiencing from this movement. I didn't realize it but this a
back way for people coming out of Taylor Do It Center and McDonald's. Because it is
difficult to come turn here and not make a u-turn, they frequently come out here. Get on
Haygood Road and go back into Twain Lane and back through the neighborhood to a
light intersection if they are going back in that direction. And, of course we are not
affecting that, and we tried to explain that. We also met with Faith Christie, and she
called us about opposition from another gentleman in here on this center. And once we
met with him, I'll be happy to tell you that once he found out it was located right here and
it was designed with a green belt feature here as it is listed in the site plan, that he said he
would withdraw his opposition, and that is why he is not here today. Other than that, we
are not aware of any other opposition. I told you that by-right activity this is a winner for
the neighborhood because it is a substantial reduction and traffic generation what could
go there by-right.
Barry Knight: Are there any questions for Mr. Nutter? Okay. Thank you.
Ronald Ripley: I have a question.
Barry Knight: Okay.
Item #20
FF Acquisition, L.L.C.
Page 5
Ronald Ripley: Mr. Hanson brought up the traffic, and that is an issue at that point of
entrance to the shopping center. Is there any restriping or restructuring that can be done
to the road that would make that a safer movement? The movement that he is talking
about coming out of the center and turning left onto Haygood is a tough movement. If
you're traveling on Haygood, I guess in a westerly direction and turning into the center is
a tough move. It is really a tough move. Getting across the street is always going to be a
hard movement but the left hand turns, have you conducted any traffic studies?
R.J. Nutter: We have not actually. In fact, I'll be happy to look at that during the site
plan review process to see if some striping activity can concur. I will tell you that so far
the numbers on these roadway capacities and fortunately it's Farm Fresh orientation
customers, many of the customers that are going to be leaving have multiple ways of
getting where. I don't know if you have a larger view but I can try to use this. If you
wanted to go down Haygood, you could certainly go this way, but I know Aragona
Village for instance, you can come here from the front of the center and you come out to
Honeygrove, I think it is and go down and even more directly into their neighborhood.
Many of them go that way. Here is Honeygrove. You can come out this way and many
access the neighborhoods through here.
=
Ronald Ripley: I understand that, but if your on that side of the shopping center, typically
you couldn't go out that way. I think a lot of people do go down to the where the office
park is, and there is an access point there that is used right much.
R.J. Nutter: There is an access point.
Ronald Ripley: I guess it would be a good question of Rick, if Rick could adjust it. Do
you mind coming up and discussing this with us?
Rick Lowman: Sure.
Ronald Ripley: Do you mind Mr. Chairman?
Barry Knight: No. Absolutely. That is what he is here for.
Rick Lowman: That is what I am here for. Rick Lowman, Traffic Engineering, City of
Virginia Beach. It is a complicated issue. I know that we studied it over the years as far
as some of the complaints and really there are a number of access points. The access road
around the shopping center, I'm speaking, you know without having to look at that today
as one of the issues. The access point coming around the shopping center is a problem
because of the proximity to the signalized intersection. It is a pretty busy one. So,
looking at it, if we had to do it today where we started with a fresh roadway and we said,
where are we going to put the access point to the crossovers, we would probably not
allow that access point, not to the shopping center but to the access road that goes around
the Taylor Do It Center and the McDonald's. That connection probably would be closed
Item #20
FF Acquisition, L.L.c.
Page 6
off with a median just because of the left problem that close to the intersection and the
stacking.
Ronald Ripley: Could you point that out? I understand what you're saying but maybe the
other folks don't, that intersection right there (pointing to map).
Rick Lowman: That is twenty. It is this roadway right here. See how we stopped the
median right there?
Ronald Ripley: Yeah.
Rick Lowman: The interaction of this and this and this, all that close together. . . all things
considered this would be a right in/right out. Right here, this median would be extended
back and you would have back to back left turn lanes. This left turn lane would go into
the shopping center and this left turn lane would go there. There wouldn't be any
interaction right in here with the median you would have. So, I think it is a problem
independent of a fueling station. I know that question you ask is what can we do about
the situation? But I really don't believe it is going to be exacerbated by the development
of a fueling station, if you're looking for that answer as well?
=
Ronald Ripley: Okay. I guess this isn't as germane, but the Strawbridge site that they
went into, that is off of General Booth, have you seen any kind of experience or any kind
of problems that particular fueling station has caused that maybe you didn't see before it
went in there?
Rick Lowman: I can't speak for that one because I really don't know the situation around
there. We can't get everywhere. If we don't get complaints then usually we assume that
it is working well. So, usually where there are complaints we hear them.
Ronald Ripley: Okay.
Rick Lowman: But, again that interaction between this driveway and this roadway, the
interaction really shouldn't be there. I mean the McDonald's is a heavily used user as
well as with that I can tell you because I attend this church, and my wife teaches right
down the street. I grew up right around the corner there. That has always been kind of an
issue there. I don't believe that this will be exacerbated by adding in a fueling station
there.
Ronald Ripley: Okay.
Barry Knight: Are there any other questions for Rick while he is up here. Thank you
Rick.
Rick Lowman: Thank you.
Item #20
FF Acquisition, L.L.C.
Page 7
Barry Knight: Are there any other questions of Mr. Nutter?
RJ. Nutter: Can Ijust add one thing, and I didn't put a lot of attention on it, but if you
could consider that additional amendment to condition #3.
Barry Knight: Mr. Scott? Does the staff have an objection to that added sentence which
says, "the canopy shall remain clear of any advertisement except for the sign identifying
the operator", i.e. Farm Fresh? I think you got it up Faith, the one at Strawbridge? I
assume that is what you're looking for R.J.?
RJ. Nutter: Yes sir. I showed it to Faith but I didn't show it to you. I apologize. This is
the copy of the approval from General Booth Boulevard.
Faith Christie: That is fine.
Robert Scott: We're fine.
Barry Knight: Thank you.
Faith Christie: Can I have a copy of that RJ.?
=
R.J. Nutter: Yes.
Barry Knight: I'll open it up for discussion among the members. Mr. Crabtree.
Eugene Crabtree: I'm very well familiar with this area. I'm in that area all the time. I
have to use that entrance to Taylor's. That is the way that I usually go to Taylor's and
come out, and I do come off of Independence and come into the shopping center that way
coming from Bayside. The traffic is fairly there and there is a lot of traffic. With a little
patience, I have never had any problem transgressing any of that, whether I was going to
Taylor's, or coming out of Taylor's, or coming off of Independence turning into the
shopping center. I've never had any difficulty. It does take a little patience and there is a
lot of traffic. I, personally and that is what I felt dangerous to me to travel that area. I
don't think those folks are going to create, and as I have said before. People don't go ten
miles out of the way to buy gas. They just buy gas as they're passing by anyway. And I
don't think this is even going to do that. I'm going to support it.
Barry Knight: Jan.
Janice Anderson: I will be in support too. I believe the shopping center has gone through
a facelift and that has helped the area in general. I am in agreement with Mr. Nutter's
assessment that it is not really going to add any more traffic, It is going to be through
traffic that is either going to stop from the outside streets or the customers that are already
Item #20
FF Acquisition, L.L.C.
Page 8
on the site. So, when it is appropriate, I will make a recommendation for approval with
the modification to condition #3, with an identifying sign of the operator.
Barry Knight: We'll accept that as a motion. Is there any other discussion? Do I have a
second?
Ronald Ripley: I have a discussion.
Barry Knight: Okay. There is a second by Joe Strange. We will open it back up for
discussion. Mr. Ripley?
=
Ronald Ripley: As I said in the informal meeting, I had a couple of concerns, and the one
was what we have been talking about is the traffic. My first concern that I would like to
talk about was the parking and how the relationship of this site and what it could possibly
do to the parking. I kind of resolved my thinking. I think this is a reasonably good
location now as far as that is concerned. Mr. Hanson, he lives there and works there for
all that time. He raises points that we all know. There are tough movements on this site.
I think Gene is right to though. I think if you are patient you can make these turns. It
does stack up from time to time. I think people find the easiest way out of there too when
they need to. They will break out of that line and they will go down further south or they
will go out the front. But, for the most part and what is recommended here by staff, and
what has been recommended here and what Rick had to say is important too because I
didn't completely understand how the Farm Fresh service station would work. It is pretty
unique animal as far as fueling is concerned. Given the intensity that is happening in the
center now with the revitalization of it, traffic is going to be heavy there, in spite this
being there or not. I don't think it is going to generate that much more traffic. I'm
inclined to favor it as well.
Barry Knight: Thank you Mr. Ripley. Is there any other discussion? There is a motion
on the floor to approve made by J an Anderson and a second by Joe Strange with the
added verbage to condition #3. I'll call for the question.
AYE 9 NAY 0 ABSO ABSENT 2
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
KATSIAS AYE
KNIGHT AYE
LIV AS AYE
RIPLEY AYE
STRANGE AYE
WALLER ABSENT
Item #20
FF Acquisition, L.L.c.
Page 9
WOOD
ABSENT
Ed Weeden: By a vote of 9-0, the Board has approved the application ofFF Acquisition,
L.L.c. with the modification to condition #3.
Barry Knight: Thank you Mr. Secretary. We will call the meeting adjourned.
=
Pub k4!~
_J~-l
ppo:........'")/"(/
jU. I.~/
,..i "",7 1./
y'/
/".. '. !
Oe<:...Ji'~,' 'eI. c.' i- LI:~'. I.., U',. .
Lt \...{ I ~-..(, D Ct, 'rv-'
(j'?Jr) <5 ::; e.. & i /'. -Ll.. , '. .-
I V ~,,:;><O
Fj:::' /4 c qv\ is (f lo"':~
. ~ r4 ~'''r
- 1M ~A T+<-/ <}- ho-i ..u,--4j~
j,0 cc t;'~..'7' ~;-.. CCjJ-.f!/ ,', ,4,/ -I}-... -7
. _' _ ti:~--:...-" <...yJ--(9'- ,_r .
,
.==::::::Ii
=
,S.~}L(,,(\ 2_lJ
R-= ACWI~ll~ I u..c.
\ cltLl ~\o
,(\\~\"""b6~~ of '""\~~ 'V\c"f\'"'~"'j ('-!N"\"":\'?S\~i-'
A ('-=\~on~ \h\\t~-==- (~IV\\. LeL':)~ "45. .&""~V~~ w~':J,re
:.:\.~\1'\~)1 ~\,< (,(~i\~ \"\.J<.ti~i') .5 ~ \~ ~dl5 ::-:)\~ T\~r'\ _ \j\J;2 ~,<(e \ \- ),\e
'"-.../
! \ <:) <:"'-t -"r \ 0 1\ \.\.1', \ \ t.:... ,-' \-' ~> " C"-C) ~ 'It :OJ ,c~ \S5S~'1J \ .s :)..)~.:' 'j ,.
\""g,-T~~$~,.:. ('\ ,~'....; ''<(~(~''~) ,,\-,~ ?';"~':f13 t\(<<t", wCl5 C\ <~r..~\ ';:"1'"\
.... '(', "
~\)~'\ ~\",~~q~ (O~'\5\('",(1-10l") ii. ,~\-,€. 'S-1;Q{'<. ~<t'S <"l:l;r..~\..,;>-\('t':~ ~ \\'E (a,~.'.;'
~\\-\~;I'\~ (~rv~ ~.:<-\1\hv.) C;c~ \-\'5., VS~~ 'O),~ \6 ~ \ r "-,,J{ i"'~S5 ~ ~ { 'tt'('
\: \~5-1"'\~~r'} ~..) 6\~~ \1 ~-,\\ & f<l..~ <::>"~~-\"~O~t\ \;;cS-c.( ~"6'",," 1i"&~-e? ~n:Q':\!'\/t'
, (:, (\-16 \\'1')~'
w e bc\~'Nl" -\\~\t tt\(('(, ~"("s'~, 5\"::>'':'\':~ V\fr;:...)t. N ~')jt,~t\~:n",5 ~ ,\'h
G~i\'( 'to ~'\\~-e( \ ~45(' <S ( 6~yi~e. (c(ne{' \ot ;f \-\l\r~CC~ o.{--bL
~ ~~'i""\t'l\.g ~"'( -e... '\ \,\~ ~ ,\ \ k et'? ("~ ~1 ~(\'" \ '" <'"i-\ k {'(b.,<,,\ r ~ f?~l,f\C"e
i ~r\\6 \\"'Y::9C& "\r-~ (,( e~~ l" (o\\YV(1<c ~ ~,~ ~ 7 -) \ OC\\\~ J\~:b5~1't:l)
Zc('"e(...
w ~ tJ.\s'o ~~e'l'~~1' '\k1
C\~\~{~~5-S -+\':,<;, 15S-J -t' .
\\.-"'5\\ v C 'J
(
'~~f'\ GC'-~l"-
....,
ff'<-~~
(\v~ \\.\A-e "'\(-'
~
5\")Cq\(:"f' ~
7 (~~'l~ ~{\-\
'rl (\J..{~)6" (\, ~ \ '1 \ "~)o~ (~>J:( ~ e(\~ 'J ~
1 '')) ~ ~ q.~ -. <B 7<:3
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance upon Application of Kemp Enterprises, Inc. for a Change of
Zoning District Classification from R-5D Residential Duplex District to Conditional
A-24 Apartment District on property located on the south side of Bonney Road,
approximately 540 feet east of Kenley Road (GPINs 1477009836; 1477009521;
1477100757; 1477101774; 1477101694; 1477007840 - portion of). DISTRICT 2-
KEMPSVILLE.
MEETING DATE: November 28,2006
. Background:
The applicant proposes to consolidate and rezone six parcels currently zoned R-
5D to A-24 Apartment in order to redevelop the site for townhouse-style
condominium units with garages.
On September 12, 2006, this item was referred back to the Planning Commission
by the City Council at the request of the applicant due to incorrect information
that was provided to the Planning Commission at their August public hearing.
. Considerations:
The site plan depicts 55 units on a 5.87 acre site (after roadway dedication),
resulting in a density of 9.37 dwelling units per acre. Such density corresponds to
the A-12 Apartment District; however, the requirement of the A-12 Apartment
District for a maximum of 40 percent lot coverage and 35 feet height limitation
would prevent the applicant from providing the proposed larger townhouse-style
condominium units with garages. Thus, similar to other recent multi-family
rezoning applications, the applicant is proposing use of A-24 zoning since it will
allow the proposed lot coverage of 51 percent and the proposed 45 foot roof
height (the issue of lot coverage and maximum height for Apartment districts will
be addressed with the upcoming revisions to the City Zoning Ordinance). The
proffers limit the density to that indicated on the site plan, 9.37 units per acre.
Planning Commission heard this application on August 9,2006 and
recommended approval of the application based on information presented at the
hearing. It was brought to the applicant's attention between the Planning
Commission hearing and City Council meeting that the maximum roof height of
36 feet depicted on the architectural design exhibit was actually higher. Based on
this information, the applicant requested to be referred back to Planning
Commission to explain the roof height differences and receive their
recommendation based on the actual facts of the proposal.
Kemp Enterprises, Inc.
Page 2 of 2
The proposed 55 townhouse units are compatible with the existing predominately
residential land use and densities found in the surrounding area. The proposal is
in conformance with the Comprehensive Plan's recommendations for this area,
as the density of the development is equivalent to the density of the surrounding
area.
The Planning Commission placed this item on the consent agenda because they
concluded the new information regarding the 45 foot maximum height did not
change their finding that the proposed development was compatible to the
surrounding area, and there was no opposition to the request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 to approve
this request as proffered.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departme"fltJ
City Manager: ~~ \. ~O/l"l.
KEMP
ENTERPRISES,
INC.
Agenda Item 22
October 11 , 2006 Public Hearing
Staff Planner: Karen Prochilo
Conditional Zoning Change: from R.5D to A-24
REQUEST:
Chanqe of Zoninq District Classification from R-5D Residential Duplex District to Conditional A-24
Apartment District.
ADDRESS I DESCRIPTION: Property located on the south side of Bonney Road, approximately 540 feet east
of Kenley Road
COUNCIL ELECTION DISTRICT: SITE SIZE:
2 - KEMPSVILLE 6.2 acres total before R.O.W. dedication
5.8 acres total after R.O.W. dedication
GPINS:
14770098360000;
14770095210000;
14771007570000;
14771017740000;
14771016940000;
14770078400000 - portion of
SUMMARY OF REQUEST
The applicant proposes to consolidate and rezone six parcels
currently zoned R-5D to A-24 Apartment in order to redevelop
the site for townhouse-style condominium units with garages. The site plan depicts 55 units on a 5,87
acre site (after dedication), resulting in a density of 9.37 units per acre, which is below the density allowed
in the A-12 District. The applicant, however, is requesting A-24 zoning due to the fact that the lot
coverage requirements under A-12 zoning will not allow for the design of larger townhouse-style units
with garages.
This multi-family development is designed around a central park with walking paths, a pergola, unique
entrance feature and attractive landscaping.
The architecture of the multi-family units is more contemporary in design, with varying roof heights and
building elevations that recede and project creating interesting shadow lines. The building materials are
vinyl staggered shake siding above a first floor brick base. The roof material is an architectural grade
asphalt shingle roof with a standing seam metal roof at the entrances on the end walls,
Planning Commission heard this application on August 9, 2006 and recommended approval of the
application based on information presented at the hearing. It was brought to the applicant's
attention between the Planning Commission hearing and City Council meeting that the maximum
roof height of 36 feet depicted on the architectural design exhibit was actually higher. Based on
this information, the applicant requested to be referred back to Planning Commission to explain
the roof height differences and receive their recommendation based on the actual facts of the
proposal.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: One single-family residential dwelling and undeveloped site.
SURROUNDING LAND
USE AND ZONING:
North:
. Across Bonney Road is County View Trailer Park and a
proposed residential development / A-12 Apartment District
and PD-H2 Overlay (A-12)
. Single-family dwellings fronting on Kenley Road / R-5D
Residential Duplex District
. Single-family dwelling fronting on Bonney Road / R-5D
Residential Duplex District
. Single-family dwelling fronting on Bonney Road / R-5D
Residential Duplex District
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The rear of the site is partially wooded. There are no significant natural
resources or cultural features associated with this site.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney
Road in the vicinity of this application is considered a two-lane undivided local street. The Master
Transportation Plan proposes an undivided facility within a 70 foot right-of-way. No Capital
Improvement Projects are slated for this area.
TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic
Bonney Road 4,915ADT 1 6,200 ADT 1 (Level of Existing Land Use <!-
(2005) Service "C") 188 ADT
9,900 ADT 1 (Level of Proposed Land Use 3 -
Service "D") CAPACITY 322 ADT
Average Dally Trips
2 as defined by R-5D zoning 6 acres
3 as defined by A-24 Zoning - 55 units
,--,
KEMP ENTERPRISES, INC.
Agenda Ite . 22
2
. This site falls within the limits of the Pembroke Area Transportation Study and may be affected by
transportation facility recommendations. Public Works Engineering/Project Management will review
this plan and provide comments related to right-of-way dedication requirements during detailed site
plan review,
. The Cornerstone development to be located across Bonney Road from this proposed development is
currently in the design stage. The proposed Kemps Gate entrance location and design must be
coordinated with the Cornerstone entrance on Bonney Road and the Kemps Gate entrance may be
required to be shifted accordingly.
. Sight distances must be verified according to the City of Virginia Beach Public Works Standards at the
proposed entrance location along Bonney Road. If the sight distance requirements cannot be met, the
entrance may need to be relocated.
. A one foot no ingress/egress easement will be required along the Bonney Road frontage.
WATER: This site must connect to City water. There is a 10 inch water main that reduces to a 6 inch water
main in Bonney Road fronting the site.
SEWER: There are no City gravity sanitary sewer mains fronting this site. City gravity sanitary sewer is
available in Kenley Road. Private grinder pumps and force main connecting to the force main in Bonney Road
may be an option. Sanitary sewer calculations and pump station analysis for receiving pump station is required
to determine if projected flows can be accommodated. Pump Station upgrade fees may apply,
FIRE: A complete review will be done during detailed site plan review through DSC.
SCHOOLS:
School Current Capacity Generation 1 Change 2
Enrollment
Point O'View Elementary 488 648 8.1 3
Larkspur Middle 1767 1844 4.1 2
Kempsville Hiqh 1989 1933 5.7 3
" . ..
generallon represents the number of students that the development Will add to the school
2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The
number can be positive (additional students) or negative (fewer students),
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request with the submitted proffers provided below.
Comprehensive Plan:
The Comprehensive Plan recognizes this site to be within Strategic Growth Area 4. This site is located
along the periphery of one of the sub-areas found in Strategic Growth Area 4. This sub-area, known as
Bonney Road West Corridor, is centrally located within the city along 1-264 and Virginia Beach Boulevard
near key interstate roadway interchanges and is unencumbered by AICUZ high noise or accident
potential zones. The Bonney Road West Corridor (South of 1-264) continues to grow economically, and
has the potential as a major new development and redevelopment area. Significant public and private
investments have been targeted within this general area,
Developments within close proximity to the Bonney Road West Corridor should demonstrate exceptional
quality in the areas of site planning and building design. Bonney Road West is recommended for mixed
use development including medium and medium to high intensity uses. Emphasis should be placed on
providing exceptional architecture and site design with attractive landscape treatment.
Evaluation:
The proposed 55 townhouse units are compatible with the existing predominately residential land use and
densities found in the surrounding area. The proposal is in conformance with the Comprehensive Plan's
recommendations for this area, as the density of the development is equivalent to the density of the
surrounding area,
The requirement of the A-12 Apartment District for a maximum of 40 percent lot coverage and 35 feet
height limitation would prevent the applicant from providing the larger townhouse-style condominium units
with garages. Thus, the applicant is proposing use of A-24 zoning since it will allow the proposed lot
coverage of 51 percent and a higher roof height. The proffers limit the density to that indicated on the site
plan, 9.37 units per acre.
The proposed exterior building materials are complementary with the residential neighborhoods nearby to
this property and exhibit the quality called for by the Comprehensive Plan.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(91 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When the property is developed, the entrance, streets, landscaping, fencing and open space features shall
be substantially in accordance with "Rezoning Exhibit of KEMPS GATE", pages 1 and 2, dated 01/12/06,
prepared by Kellam - Gerwitz Engineering, which has been exhibited to the Virginia Beach City Council and
is on file with the Virginia Beach Department of Planning ("Concept Plan").
PROFFER 2:
Vehicular Ingress and Egress shall be via one (1) entrance from Bonney Road as depicted on the
Conceptual Plan.
PROFFER 3:
When the property is developed, there will be no more than fifty-five (55) residential condominium units,
each of which shall have a garage, within eleven (11) buildings as depicted on the Concept Plan.
PROFFER 4:
When the property is developed, the residential structures depicted on the Concept Plan shall have the
architectural design and utilize the building materials substantially as depicted and designated on the three
(3) page exhibit entitled "Rezoning Exhibit of Kemps Gate", undated, prepared by Richard L. Grimstead,
A.I.A., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning ("Elevations").
PROFFER 5:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the
project, its compatibility to the surrounding area, and consistency with the recommendations of the
Comprehensive Plan.
The City Attorney's Office has reviewed the proffer agreement dated April 20, 2006, and found it to be legally
sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
,"-"'.,, ,,' ,-...."',:,'
KEMP ENTERPRISES,'NC.
Agenda Ite . ~ 22
AERIAL OF SITE LOCAiFlON
Z3ll
~~
PROPOSED SITE
~
[5.
Q
Z
K
<:
u
B
z
:$
V
:<
Q
z
E
Q
::J
"
Ci
'"
G
z
~
d
.~.
:,:
~
b
2
z
(0
~~
~.
~-
a~
o~-
~:
~~
):~
~i
J
~
o
z
~
"^
~
w
z
~
~
"-
::(' ,....., ~~
~ Q
t; &
c ~
~ <
'j
f2 ~ f1
10 <: z
'" ~ :5
L'"i g
-4;: :'S
? ~
a
PROPOSED
PROPOSED BUILDING ELEVAtiON
"-,.'
KEMP ENTERPRISES, INC.
Agenda Item 22
Page 9
Conditional Zoning Change: from R-50 to A-24
1 04/05/05 Conditional Rezoning from A-12 to A-24 with
a PD-H2 Planned Development Overlay Granted
2 12/02/03 Subdivision Variance Granted
3 09/23/03 Conditional Rezoning from A-12 to R-5D Granted
4 11/10/98 Modification of Conditions Granted
12/09/97 Conditional Use Permit (church) Granted
11/18/97 Conditional Rezoning from A-24 to R-5D Granted
1 0/08/96 Conditional Rezoning from R-5D to A-24 &
Conditional Use Permit (fraternal lodge) Granted
5 04/09/96 Modification of Conditions Granted
KEMP ENTE;\8PRISES,
~9~nda It
P
ZONING
fJ)
\II
IX
:;)
~o
...I
o
~
...I
<(
~
j:::
~
c
e ~
~ ~
g ,
! l~
~BiSJ
~
j
~
"l'
&
,~
i
~,
~ t
~ -'
t .,
E
i ~~
He
~~
~g
eal
III :;J
>n )~~~
~;}f
o
u:
j
e
Q.
j
< NOI1VJllddV ~NINOZmI 1VNOIII(I
I J'
om
Sf E
o vi
i I
'Il
E
w
~
'l:l
'$
'5
i
~
~
;
iJ
(1)
i
'7
~
Q.
i3.
8
\<:
g,
S
Q
,$
~
W
e-
~
w
Q.
E
~
<~
c
"
@
It,<
%
"
ii'l
:.'J'
,D
j
2'1
~ '~
(;< ~-}
llJ
~
'"
~
~
a
.;
i
~
:l
tj
!
.Q,
i ~
I ill
I 9
c ~
j a
i i
'" 0
5 5 ~
itiji IX
WN W
-IT ll.
Iii 0
~ c:
<;> c.
.,
.fi
.,
$
"'-
Jilt
~~
01
o
N
~
~
6
ti
~
~
)Ii
8
>E
()
~
c
w
'"
00
~
;;
:;:;
.D
!
o
$i
m
:s
J:::..
j
0-
E
m
e
~i
.:l~
N
i
~
'"
:l
n
E
~
<i:
;a
e
~
t
@
0.
~
'Fa
&
8
'"
jo..
o
<It'
e
00
.~!
~l
<5
~
~
2
'"
vC:*"
i~
(,,)0
o
DISCLOSURE STATSMENT
KEMP ENT~;~PRISES,
~gEmda It
RICHARD L. (81M) GRIMSTEAD, A.I.A.
ARCHITECTS & PLANNERS
411 FIFTEENTH STREET
VIRGINIA BEACH · VIRGINIA 23451
TELEPHONE (757) 425-5309
FAX (757) 428-0894
August 20, 2006
Mr. George B. Kemp
Kemp Enterprises, Inc.
2312 Croix Drive
Virginia Beach, VA. 23451
RE: Proposed Kemps Gate Townhouses at 4911 Bonney Road, Virginia Beach, Virginia
Dear Mr. Kemp:
~
I wish to apologize for the misunderstanding of the building heights of the above
referenced project. At the time of your telephone call on Wednesday, August 9, 2006 I
was away from my office and the building elevations with the building heights were not
available to me. I attempted to recall the building heights from my memory; however,
there are a number of varying roof heights and I am truly sorry that my information was
confusing and incomplete. There was no intent to deceive or mislead you or anyone else
about the actual building heights. The buildings were designed to confonn to the
allowable building heights ofthe proposed A-24 Apartment zoning.
The tops of the building's roof ridge lines have three different heights; the top of
the end unit apartment roof ridge line is thirty-three (33) feet high, the top of the
intermediate roof ridge line is forty (40) feet high and the top of the middle unit
apartment roof ridge line is forty-five (45) feet high. I am enclosing a copy of the Front
Elevation and Side Elevation indicating the various roof heights.
Again I ask you please accept my apology and if you need additional infonnation
please contact me.
Sincerely,
~~~~
Richard L. Grimstead, AlA
Project Architect
mil
/1
I i
'-3
~I
t'-
I:"
.
<l
-'
~
J
.,OJ ~t: .(
ill
I
~c:! ~ 1
._ .D 6i
~ J~~i
~ ~ ) .~ 10
~ $ ~ ~ i
15 c1! I ..
:; jf,,~i
i il ~ ~ ~
68@@@
--
~ .
!::
!!1 ~
i3 ~ ~ ~
rrl f
~ ~ ~~
~ 1
I ~:l
52.
~
\.!7
(lOj.yf
II "~I"Y
,,0,.5:1>-
N'
~
i
t::
! ~ ~ ~
~TII
~ ~ oJ
U
~
\!:i
c:
o
;:
CO
>
Q)
UJ
(J)
:'Q
Cf)
Item #22
Kemp Enterprises, Inc.
Change of Zoning District Classification
South side of Bonney Road
District 2
Kempsville
October 11, 2006
CONSENT
Janice Anderson: The last matter on the consent agenda is agenda item #22. That is the
application of Kemp Enterprises, Inc. This is for a Change of Zoning District
Classification from R-5D Residential Duplex to Conditional A-24 Apartment District on
property located on the south side of Bonney Road in the Kempsville District. Mr.
Bourdon?
~
Eddie Bourdon: Thank you again Ms. Anderson, for the record, Eddie Bourdon, a
Virginia Beach attorney representing Mr. Kemp, who is here today. I want to thank the
Commission for their patience in this matter. On behalf of Mr. Kemp and myself, I
wanted to thank Mr. Thompson, who is the gentleman who appeared at the Planning
Commission hearing a couple of months ago when this was also on the consent. This is
the first time that an item has been approved twice on consent by the Planning
Commission. But we had some incorrect information regarding the height of the building
provided by our architect, who has corrected himself, and you all have that. Mr.
Thompson is well aware of that and we appreciate your patience. I wanted to bring it
back to make sure it was approved with all the facts on the table. Thank you.
Janice Anderson: Thank you Mr. Bourdon. Is there any opposition to this matter being
placed on the consent agenda? Again, Mr. Livas will review this application for us.
Henry Livas: This request is for a Change of Zoning District Classification from R-5D
Residential Duplex District to Conditional A-24 Apartment District. The Planning
Commission heard this application on August 9, 2006 and we recommended approval of
the application based on information presented at the meeting. It was later brought to the
applicant's attention that the maximum roof height of 36 feet depicted on the architectural
design exhibit was actually higher. Consequently, the applicant requested to be deferred
back to the Planning Commission to explain the roof height differences and to receive
their recommendation based on the actual facts. Also, it should be noted that the
maximum height allowed by the A-24 Zoning is 45 feet. The applicant now informs that
the maximum roof height is 45 feet. Therefore, we recommend approval of this change
of Zoning District Classification.
Janice Anderson: Thank you Mr. Livas. Mr. Chairman, I have a motion to approve the
following agenda item for consent. It is agenda item #22.
Item #22
Kemp Enterprises, Inc.
Page 2
Barry Knight: Thank you. We have a motion on the table. Do I have a second? Mr.
Henry Livas has seconded it. Is there any discussion? There is a motion on the floor to
approve the consent agenda item by Jan Anderson and a second by Henry Livas. I'll call
for the question.
AYE 9 NAY 0 ABSO ABSENT 2
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
KA TSIAS AYE
KNIGHT AYE
LIV AS AYE
RIPLEY AYE
STRANGE AYE
WALLER ABSENT
WOOD ABSENT
Ed Weeden: By a vote of 9-0, the Board has approved item #22 for consent.
=
Barry Knight: Thank you.
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6214
DATE: November 14, 2006
FROM:
Leslie L. Lilley
~
B. Kay Wilson
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application: Kemps Associates
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on November 28, 2006. I have reviewed the subject proffer agreement, dated
April 20, 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/aIs
Enclosure
cc: Kathleen Hassen
PREPARED BY:
(;JIB SY1:IS, ROURDON,
Bail MlmN & LM, P.c.
KEMP ENTERPRISES, INC., a Virginia corporation
SOPHIA E. CHRISTIAN
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 20th day of April, 2006, by and between
KEMP ENTERPRISES, INC., a Virginia corporation, party of the first part,
Grantor; SOPHIA E. CHRISTIAN, party of the second part, Grantor; and THE
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, Grantee.
WITNESSETH:
WHEREAS, the party of the second part is the owner of that certain real
property located in the Kempsville District of the City of Virginia Beach,
containing approximately 1.044 acres as more particularly described as Parcel 6
in the attached Exhibit "A". Parcel 6 and the other parcels as hereinafter
described are hereinafter collectively referred to as the "Property"; and
WHEREAS, the party of the first part, as the Contract Purchaser of Parcel
6 and the Owner of five (5) additional, contiguous parcels of land located in the
Kempsville District of the City of Virginia Beach, containing approximately 4.958
acres as more particularly described in Exhibit "A", which is attached hereto and
incorporated herein by reference (the "Property"), has initiated a conditional
amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition
addressed to the Grantee so as to change the Zoning Classification of the
Property from R-5D Residential District to Conditional A-24 Apartment District;
and
GPIN: 1477-10-1694
1477 -10-1774
1477-10-0757
1477 -00-9836
1477 -00-9521
1477 -00-7840 (Part)
1
PREPARED BY:
QJ.13 SYJ{IS. l.lOURDON,
mil AnmN & Lm. P.c.
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 competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the
area of the Property and at the same time to recognize the effects of change, and
the need for various types of uses, certain reasonable conditions governing the
use of the Property for the protection of the community that are not generally
applicable to land similarly zoned are needed to cope with the situation to which
the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the
A-24 Zoning District by the existing overall Zoning Ordinance, the following
reasonable conditions related to the physical development, operation, and use of
the Property to be adopted as a part of said amendment to the Zoning Map
relative and applicable to the Property, which has a reasonable relation to the
rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal
representatives, assigns, grantee, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the Grantee or its
governing body and without any element of compulsion or quid pro quo for
zoning, rezoning, site plan, building permit, or subdivision approval, hereby make
the following declaration of conditions and restrictions which shall restrict and
govern the physical development, operation, and use of the Property and hereby
covenants and agrees that this declaration shall constitute covenants running
with the Property, which shall be binding upon the Property and upon all parties
and persons claiming under or through the Grantor, its successors, personal
representatives, assigns, grantee, and other successors in interest or title:
1. When the Property is developed, the entrance, streets, landscaping,
fencing and open space features shall be substantially in accordance with the
"Rezoning Exhibit of KEMPS GATE", pages 1 and 2, dated 01/12/06, prepared by
2
PREPARED BY:
. Syl(IS, IlOURDON,
AllfRN & U:vy, p.c
Kellam-Gerwitz Engineering, which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department' of Planning ("Concept
Plan").
2. Vehicular Ingress and Egress shall be Via one (1) entrance from
Bonney Road as depicted on the Concept Plan.
3. When the Property is developed, there will be no more than fifty-five
(55) residential condominium units, each of which shall have a garage, within
eleven (11) buildings as depicted on the Concept Plan.
4. When the Property is developed, the residential structures depicted
on the Concept Plan shall have the architectural design and utilize the building
materials substantially as depicted and designated on the three (3) page exhibit
entitled "Rezoning Exhibit of Kemps Gate", undated, prepared by Richard L.
Grimstead, ALA., which has been exhibited to the Virginia Beach City Council
and is on file with the Virginia Beach Planning Department ("Elevations").
5. Further conditions may be required by the Grantee during detailed
Site Plan review and adrninistration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantor and allowed
and accepted by the Grantee as part of the amendment to the Zoning Ordinance,
shall continue in full force and effect until a subsequent amendment changes the
zoning of the Property and specifically repeals such conditions. Such conditions
shall continue despite a subsequent amendment to the Zoning Ordinance even if
the subsequent amendment is part of a comprehensive implementation of a new
or substantially revised Zoning Ordinance until specifically repealed. The
conditions, however, may be repealed, amended, or varied by written instrument
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by
the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the 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
3
PREPARED BY:
~m SV1(IS, ROURDON,
mil ARfRN &. tm, p,c.
resolution shall be recorded along with said instrument as conclusive evidence of
such consent, and if not so recorded, said instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia,
shall be vested with all necessary authority, on behalf of the governing body of
the City of Virginia Beach, Virginia, to administer and enforce the foregoing
conditions and restrictions, including the authority (a) to order, in writing, that
any noncompliance with such conditions be remedied; and (b) to bring legal
action or suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute
cause to deny the issuance of any of the required building or occupancy permits
as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantor shall petition the governing body for
the review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the
ordinances and the conditions may be made readily available and accessible for
public inspection in the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor
and the Gran tee.
4
PREPARED BY:
; SYJ:IS. ROURDON,
AUfRN &. tm. P.C
WITNESS the following signature and seal:
Grantor:
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 26th day of
April, 2006, by George Kemp, President of Kemp Enterprises, Inc., a Virginia
corporation, Grantor.
~,
i -' lk /, ~
/A/)/c'~ . V ,~)j/') {o('fJlk.:(i-__
Notary Public
My Commission Expires: August 31, 2006
5
PREPARED BY:
~.m SY!(IS, RotJRDON,
mu AllmN !kiM. P.c.
WITNESS the following signature and seal:
Grantor:
j/ f} -','
/ ..-.,; n'
'~+4i!...--L..! ., 8,. ( It..<! -p;;.~_. J
Sophia E. Christian
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
(SEAL)
The foregoing instrument was acknowledged before me this 26th day of
April, 2006, by Sophia E. Christian, Grantor.
,Alit/A
My Commission Expires: August 31, 2006
L it - . e{!,:k. 1
. - / ~, ~:n1 ~r?I--.f1
Notary Public
6
PREPARED BY:
; SYKIS, ROURDON,
AH@N &. lM, p,c.
EXHIBIT "A"
PARCEL 1:
All of that certain lot of land, being near the Village of Kempsville in Princess
Anne County, Virginia, known as Lot "B" accordance to the plat of Russell
Sheppard property dated April 18, 1957, made by W.B. Gallup County Surveyor,
consisting of one (1) acre more or less; it also being a part of a plat known as
Block Number fourteen (14) Map of A.W. Cornick's Kempsville Farm, Princess
Anne County, Virginia surveyed January 1900, by E.G. Foreman, C.E. which said
plat is recorded in the Clerk's Office of the Circuit Court of Princess Anne County,
Virginia, in Map Book 9 at Page 43.
GPIN: 1477-10-1694
PARCEL 2:
All of that certain lot of land, being near the Village of Kempsville in Princess
Anne County, Virginia, known as Lot "c" accordance to the plat of Russell
Sheppard property dated April 18, 1957, made by W.B. Gallup County Surveyor,
consisting of one (1) acre more or less; it also being a part of a plat known as
Block Number fourteen (14) Map of A.W. Cornick's Kempsville Farm, Princess
Anne County, Virginia surveyed January 1900, by E.G. Foreman, C.E. which said
plat is recorded in the Clerk's Office of the Circuit Court of Princess Anne County,
Virginia, in Map Book 9, at Page 43.
GPIN: 1477-10-1774
PARCELS 3 & 4:
ALL THOSE certain lots, pieces or parcels of land, lying, situate and being in the
City of Virginia Beach, Virginia, containing 2.486 ACRES, MORE OR LESS, and
being known, numbered and designated as "UNNAMED PARCEL ANDREW REID,
ET AL (WB 84, PG 2225 erroneously referred to as being in DB 84, PG 2225) (WB
67, PG 1961, erroneously referred to as being in D. B. 67, PG 1961) (MB 43, PG
41) GPIN 1477-00-9836 AREA = 108,284 SF OR 2.486 AC" and "ANDREW REID
(WB 84, PG 861, erroneously referred to as being in DB 84, PG 862( (MB 43, PG
41) GPIN 1477 10 0757", as shown on that certain plat entitled "PHYSICAL
SURVEY & BOUNDARY PLAT OF PROPERTY OF ANDREW REID 'PROPERTY OF
RUSSELL SHEPPARD A PART OF TRACT NO. 14- A.W. CORNICK'S KEMPSVILLE
FARM' (MB 43, PG 41)", made by Miller-Stephenson & Associates, P.C., dated
December 17, 1997, which said plat is duly recorded in the Clerk's Office of the
7
Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3828, at Page
777.
GPIN: 1477-10-0757
1477 -00-9836
PARCEL 5:
All that piece or parcel of land, together with all improvements thereon and
appurtenances thereto, situate, lying and being in the City of Virginia Beach,
Virginia and being known, numbered and designated as "Parcel D-2" as shown
on that certain plat entitled "Resubdivision of Parcels D, F & G of Tract No. 14-
A. W. Cornick's Kempsville Farm (M.B. 43, P 41)", prepared by Kellam-Gerwitz
Engineering, inc. which plat is duly recorded in the Clerk's office of the City of
Virginia Beach, Virginia as Instrument No. 200401200010194, and being more
particularly described as follows:
Beginning at a pin found at the easterly corner of the subdivision of Kemps Cove
(MB. 301, P. 79), said corner also being along the northerly line of the property
now or formerly of Wilmure & Rosa M. Burden (M.B. 200, P. 16), thence heading
N 39 degrees 07' 13" W a distance of 218.53' along the northeasterly line of
Kemps Cove to a point; thence departing said line of Kemps Cove heading N 50
degrees 24' 47" E a distance of 150.00' to a point in the southwesterly line of the
property now or formerly of Retail Financial Services; thence heading S 39
degrees 07' 33" E a distance of 18.53' to a set pin on concrete along the line of
the property now or formerly of Victor Lambert; thence heading S 50 degrees 52'
47" W a distance of 55.00' to a set pin in concrete; thence heading S 39 degrees
07' 13" E a distance of 200.00' to a set pin on concrete along the aforesaid line of
Burden; thence heading S 50 degrees 52' 47" W a distance of 95.00' to the point
of beginning. Said parcel containing exactly 0.500 acres.
GPIN: 1477-00-9521
PARCEL 6:
ALL THAT tract or parcel of land situate in the City of Virginia Beach,
Commonwealth of Virginia and described as follows: Commencing at a point in
the Southerly bounds of Bonney Road (MB 43, PG 41 & MB 200, PG 16) said
point being 206.11' Southeasterly of the Northeasterly intersection of Kenley
Road and Bonney Road as measured along the Northerly bounds of Bonney Road,
said point also being the Northeasterly corner of Parcel E (NjF Kirk Davis, MB
43, PG 41); thence along the Easterly bounds of Parcel E and the Westerly
PREPARED BY bounds of Parcel D1 (Inst. No. 200401200010194), S 39 degrees 07' 13" E,
~,mSYkIS.1:l0URDON, 260.35'; thence S 50 degrees 52' 47" W, 75.00' to a point in the Easterly bounds
mil MU]<N & HVV,P.C. of Kemps Cove (MB 301, PG 79); thence along the easterly bounds of Kemps
Cove, S 39 degrees 07' 13" E, 81.62' to the point of beginning; thence N 50
8
PREPARED BY:
~.m SYKIS, ROURDON,
mil All!::RN &. tm, P.c.
degrees 52' 47" E, 150.00' to a point said point being the Southwesterly corner of
Parcel 8 (DB 4467, PG 1066); thence S 39 degrees 07' 13" E, along the
Southwesterly bounds of Parcel 8 and Parcel 8A (DB 4467, PG 1066)M 303.17'
TC the Northeasterly corner of Parcel D2 (Inst. No. 200401200010194); thence S
50 degrees 52' 47" W 150.00' to the Northwesterly corner of Parcel D2 and the
Easterly bounds of Kemps Cove; thence along the Easterly bounds of Kemps Cove
N 39 degrees 07' 13" W 384.79' to the point of beginning, containing 1.044 acres
of land.
GPIN: 1477-00-7840 (Part)
ConditionalRezone / KempEnterprises / KempsGate / Proffer2
RevA/20/06
9