JULY 10, 2007 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, AI-Large
VICE MAYOR LOUIS R, JONES, Bayside - Dislrict .J
WILLIAM R, DeSTEI'H, At-Large
HARRY J;, D1EZEL, Kempsville - Dlstricl 2
ROBERTM DYER" Centerville - Dlstnct I
BARBARA M HENLEY, Princess Anne District 7
REBA S McCIANAN, Rose Hall - Dislrict 3
JOHN E UHRIN, Beach District 6
RON A, VILLANUEVA, AI-Large
ROShMARY WILSON, At-Large
JAMES L WOOD, Lynnhal'ell -District 5
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 234568005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K SPORE
CITY AITORNEY - LESLIE L LILLEY
CI1Y CLERK - RUm HODGES FRASER, MMC
10 JULY 2007
I.
CITY COUNCIL BRIEFINGS
- Conference Room -
1:00 PM
A. HRT UNIVERSAL SHUTTLE
Michael Townes, President and CEO, Hampton Roads Transit
Gene Cavasos, Director of Marketing, Hampton Roads Transit
B. SANDLER (Performing Arts) CENTER
Patricia Phillips, Director - Finance
Dorothy L. Wood, Chair, Performing Arts Committee
Lynwood Branch, President, Virginia Beach Performing Arts Center Foundation
II. CITY MANAGER BRIEFINGS
A. WORKFORCE HOUSING PROGRAM
Andrew Friedman, Director - Housing and Neighborhood Preservation
Bill Macali, Deputy City Attorney
B. LEROY DRIVE MASTER PLAN
David L. Hansen, Chief of Finance and Technology
III. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA
IV. INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
c. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER- Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Jim Hundley
Pastor, Salem United Methodist 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
June 26, 2007
G. AGENDA FOR FORMAL SESSION
H, PUBLIC HEARING
1. BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
2. LEASE OF CITY PROPERTY - 2293 Lynnhaven Parkway
Tidewater Regional Group Home Commission (TRGHC)
I. PUBLIC BRIEFING
I, TOWN CENTER PHASE III and Property Exchange
Alexander Stiles, Associate City Attorney
J. CONSENT AGENDA
K. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND Chapter 2, Article XVI of the City Code, AMEND 92-382 and
REPEAL 92-387 re anachronisms in the composition ofthe Planning Department.
2. Ordinance to AUTHORIZE the City Manager to execute a lease of City-owned property
at 2293 Lynnhaven Parkway for the term of one (I) year with Tidewater Regional
Group Home Commission (TRGHC), to be used as residential housing for juvenile
offenders through a transitional living program.
3. Ordinance to ACCEPT a dedication of property from the Lynnhaven-Little Neck Civic
League, Inc., at 586 North LYnnhaven Road and AUTHORIZE the City Manager to
execute all related documents.
4. Ordinance to ACCEPT and APPROPRIATE $300,000 from the Virginia Beach
Performing Arts Center Foundation to the Sandler Center for the Performing Arts at
Virginia Beach project re a free-standing sign.
5. Resolution to AUTHORIZE the City Manager to execute a renewed and restated Operating
agreement with the Virginia Beach Performing Arts Center Foundation, Inc.
6. Resolution to AUTHORIZE and DIRECT the City Manager to initiate a process to receive
bids for the lease of Lynnhaven City Marina.
7. Resolution to RECEIVE the recommendations of the Employee Benefits Review Task
Force for consideration and EXTEND the term of the Task Force.
8. Resolution to ESTABLISH the Transportation Authority Committee re a systematic
review of the implementation of the provisions of the Hampton Roads Transportation
Authority Act.
L. PLANNING
1. Variance to 94.4(d) ofthe Subdivision Ordinance that requires all newly created lots meet
the requirements of the City Zoning Ordinance (CZO) as related to lot width for VAN
GIANG at 972 Whitehurst Landing Road re the creation of a flag lot designed for a
single-family dwelling.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROV AL
2. Application of CAVALIER GOLF & YACHT CLUB for a Conditional Use Permit re
a golf club agronomy facility at Kamichi Court.
DISTRICT 5 - L YNNHA VEN
DEFERRED
RECOMMENDATION
June 26, 2007
APPROVAL
3. Application ofB'NAI ISRAEL for a Conditional Use Permit (approved by City Council
on May 29, 1990, and superseded for a church on March 2, 2005) at 620 Baker Road re a
commercial recreation facility (bingo hall).
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROV AL
4. Application of SHORE DRIVE P ARASAILING, INC., for a Conditional Use Permit at
3311 Shore Drive re an outdoor recreational facility (parasailing).
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROVAL
5. Applications at 1763 Princess Anne Road:
DISTRICT 7 - PRINCESS ANNE
a. HAC PROPERTIES for a Modification of Proffer No 3 to allow low speed motor
vehicle sales, and future retail establishments, laboratories for the production and
repair of eye glasses, hearing aids and prosthetic devices (approved on June 22, 2004)
b. NORMA DIANE PAYNE HEWIT t/a ARGO OF TIDEWATER for a
Conditional Use Permit re sale of low speed vehicles
DEFERRED
RECOMMENDATION
June 26, 2007
APPROVAL
6. Application of BROWN BUILDING CORPORATION for a Modification of Proffers
for a conditional rezoning request (approved by City Council on July 13, 1993, and
modified on June 13,2000, November 14,2000, and February 11,2003) at 4847 Dolton
Drive to allow a childcare facility.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROV AL
7. Application of AGC ACQUISITION, L.L.c. for a Change of Zoning District
Classification from AG-2 Agricultural District to Conditional B-4 Mixed Use District at
1291 Nimmo Parkway re a retail building and 99 multi-family dwellings.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROV AL
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
CITYWIDE TOWN MEETINGS
September 18
Time and Location to be Announced
FY 2008-2010 Budget
November 20
Green Run Homeowners Association Building -7:15 pm
SwrmwarerPwnsandFundmg
CITY COUNCIL SUMMER SCHEDULE
July 17
Briefings, Informal, Formal, including Planning items
August 7
Cancelled
August 14
August 21
Briefings, Informal, Formal, including Planning items
Briefings, Informal, Formal
August 28
Briefings, Informal, Formal, including Planning items
* * * * * * * * *
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 07/02/2007mb
www.vbgov.com
I.
CITY COUNCIL BRIEFINGS
- Conference Room -
1:00 PM
A. HRT UNIVERSAL SHUTTLE
Michael Townes, President and CEO, Hampton Roads Transit
Gene Cavasos, Director of Marketing, Hampton Roads Transit
B. SANDLER (Performing Arts) CENTER
Patricia Phillips, Director - Finance
Dorothy L. Wood, Chair, Performing Arts Committee
Lynwood Branch, President, Virginia Beach Performing Arts Center Foundation
II. CITY MANAGER BRIEFINGS
A. WORKFORCE HOUSING PROGRAM
Andrew Friedman, Director - Housing and Neighborhood Preservation
Bill Macali, Deputy City Attorney
B. LEROY DRIVE MASTER PLAN
David L. Hansen, Chief of Finance and Technology
III. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA
IV. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
4:00 PM
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 Jim Hundley
Pastor, Salem United Methodist 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
I. INFORMAL and FORMAL SESSIONS
June 26, 2007
G. AGENDA FOR FORMAL SESSION
.tsulutinu
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 ofthe Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
A. PUBLIC HEARING
I. BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
2. LEASE OF CITY PROPERTY - 2293 Lynnhaven Parkway
Tidewater Regional Group Home Commission (TRGHC)
B. PUBLIC BRIEFING
I. TOWN CENTER PHASE III and Property Exchange
Alexander Stiles, Associate City Attorney
NOTICE OF PUBLIC HEARING
Public Hearing regarding Department of Justice Byrne
Memorial Justice Assistance Grant:
Allocation of $178,916 for various law enforcement!
criminal processing projects
On Tuesday, July 10, 2007, at 6:00 p.m. in the City Council
Chamber, second floor, City Hall Building, Municipal Center,
Virginia Beach, Virginia, the Virginia Beach City Council will
hold a Public Hearing on the proposed allocation of the-Byrne
Memorial Justice Assistance Grant. It is proposed that the
$178,916 be allocated for the following purposes:
Project Description Depts. ! Amount
Evidence display Circuit Courts $33,852
Electronic document storage I Commonwealth's : $11,000 I
i
and retrieval i
I Attorney I I
I Drug testing system i
! Community ,
i $28,594 i
I Corrections ,
1-- , ,
I i I
i Fingerprinting I integrated I i
I \
I bo~king system I Police $55.620 !
i i ' ,
-1 Police ,
I Electronic video microscope I $10.440
;
i Courthouse public information ! I I
i Sheriff ; $7,410 i
I system i
, I
'--- I Sheriff -+.
I '"' ,. .. ". d d . i i
i vr;- .lne .rammg an e ucatlon I $32,000 I
i
i classroom i I
! i
r-:;- I I
I I $178,916 !
L!QJAL I I
. ,
The Edward Byrne Memorial Justice Assistance Grant Program
allows local governments to support a broad range of activities
to prevent and control crime and to improve the criminal justice
system. Individuals desiring to provide written comments
may do so by contacting the City Clerk's office ot 385-4303.
If you are physically disabled or visually impaired and need
assistance at this meeting, please call 427-4303. ,~(iA~st:--,...
,.....~vj,..".::.... _~..lC~...,
-, ,r:~ 'CI"'
//j: --r I, )_. _ ) :l/t;,~.. \:. .~~?,i~
i,_ '~/'f'In',"?,"",.-:::.-~..--...- .'I:::J. ,.0 ~~)
-'1 ':-.J'{o ....~;
Ruth Hodges Fraser, MMC \2S::<.:~. .::l!l
City Clerk ....:. 'C~"-4~
........-"'-''*'
Public Hearl
PUBLIC HEARING
LEASE OLCITY PROPERTY
I
: The V1",nia Beach City Council will hold a PUBLIC HEARING on
I the Proposed Ieeslne of C~ property on Tuesday, July 10,
'2007 at 8:00 ,.m. In the Councl/ Chamber of the City Hall
I Bulldlnl (SuI/dine 11) at the V1l11n" Beach Munlclpel Center, V11'1/nl.
,Beach. Virgin,., The purpose 01 this Hear/Ill will be to obtain pUblic
comment on the City's proposal to Ieasa the lol/owlne property:
Approximately 4080 Square Feet of Space located at,
2293 lynnhaven Parkway
If you are phYllcaHr dIubIed or YIMIaIIr 1m,.". and need
asslst8nce at tNa meetI,., plea.. call the CITY CLERK"
OFFICE at 3. UGa.
Arty questions concern,.. thla metter should be directed to the
Department of MaOllllment Servtces . FacUltlea M.n...ment OtrIce,
Room 228, Bulldl.. 18, et the VI....,.,. Beech Municipal Center. The
MeIMlpfTl8f'l( omce telephone number Is (757)385 5659.
~,>r
Ruth Ho.. Fraser, MMC
City Clerlc
Beacon July 1, 2007
17236214
J. CONSENT AGENDA
K. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND Chapter 2, Article XVI of the City Code, AMEND 92-382 and
REPEAL S2-387 re anachronisms in the composition of the Planning Department.
2. Ordinance to AUTHORIZE the City Manager to execute a lease of City-owned property
at 2293 Lynnhaven Parkway for the term of one (1) year with Tidewater Regional
Group Home Commission (TRGHC), to be used as residential housing for juvenile
offenders through a transitional living program.
3. Ordinance to ACCEPT a dedication of property from the Lynnhaven-Little Neck Civic
League, Inc., at 586 North Lynnhaven Road and AUTHORIZE the City Manager to
execute all related documents.
4. Ordinance to ACCEPT and APPROPRIATE $300,000 from the Virginia Beach
Performing Arts Center Foundation to the Sandler Center for the Performing Arts at
Virginia Beach project re a free-standing sign.
5. Resolution to AUTHORIZE the City Manager to execute a renewed and restated Operating
agreement with the Virginia Beach Performing Arts Center Foundation, Inc.
6. Resolution to AUTHORIZE and DIRECT the City Manager to initiate a process to receive
bids for the lease of Lynnhaven City Marina,
7. Resolution to RECEIVE the recommendations of the Employee Benefits Review Task
Force for consideration and EXTEND the term of the Task Force.
8. Resolution to ESTABLISH the Transportation Authority Committee re a systematic
review of the implementation of the provisions of the Hampton Roads Transportation
Authority Act.
~~:\.
,{~ ,~~;::stl;,\
f9l1i-" .~ .10~)
<f{ ". v:,
\~,~;:- 'ZJJ
~+:~...~.r:51
.~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Amend Article XVI of Chapter 2 of the City Code by
Amending Section 2-382 and Repealing Section 2-387 of the City Code,
Pertaining to the Composition of the Department of Planning
MEETING DATE: July 10, 2007
. Background: The City's Weights and Measures Bureau was dissolved by the
City a number of years ago and its functions were assumed by the State Department of
Agriculture and Consumer Services. Sections 2-382 and 2-387 of the City Code still
refer to the Bureau, however, as a component of the Planning Department.
. Considerations: The ordinance updates the City Code to reflect that the City's
Weights and Measures Bureau no longer exists.
. Public Information: The ordinance will be advertised as a normal City Council
agenda item. No special form of advertising is required.
. Alternatives: While the City Council is not required to adopt the ordinance, the
affected City Code Sections contain anachronisms that should be corrected.
. Recommendations: Adoption of the ordinance.
.
Attachments:
Ordinance
Recommended Action: Approval
Submitting Department/Agency: Planning Department
City Manager:~.. k. 6e~
1 AN ORDINANCE TO AMEND ARTICLE XVI OF CHAPTER
2 2 OF THE CITY CODE BY AMENDING SECTION 2-382
3 AND REPEALING SECTION 2-387 OF THE CITY CODE,
4 PERTAINING TO THE COMPOSITION OF THE
5 DEPARTMENT OF PLANNING
6
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Article XVI of Chapter 2 of the City Code is hereby amended and
12 reordained by amending Section 2-382 and repealing Section 2-387 of the City Code,
13 pertaining to the composition of the Department of Planning, to read as follows:
14
15
16 CHAPTER 2. ADMINISTRATION.
17
18 . ARTICLE XVI. DEPARTMENT OF PLANNING
19
20
21
22 Sec. 2-382. Composition.
23
24 The department of planning shall consist of a director appointed by the city
25 manager and such assistants as may be provided. The department of planning shall
26 also include a permits and inspections division, a weights and measures bureau and a
27 zoning administrator~ who shall possess all powers and authority granted to such
28 officers by statute, ordinance or charter,
29
30 COMMENT
31
32 The amendment updates the section to reflect the fact that the City's Weights and Measures
33 Bureau no longer exists.
34
35
36
37
38 Sec. 2 387. Compositian of weights and measures bureau, function; police
39 powers.
40
41 (a) The '::eights and measures bureau of the department of pl:mning shall be rm;ponsible for
42 all m3tters pertaining to weights and me3sures and complaints of fr3ud and lInla'.vtlll pmctices
43 3nd dealings with consumers with respect to weights and measures, It shall be the responsibility
44 of this bureau to see that the la'l.'s of the state and ordinances on the subject of weights and
45 measures are enforced in the city, as well as to enforce other rules, regulations, ordinances and
46 laws pertaining to consumers.
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
(b) There shall be, '.vithin the v:eights ~nd measures bure~u. :3 sealer of weights ~md
measures. He sh~1I h~ve such additional duties ~s m~y be assigned by the city m3n3ger.
(c) Police powers 3re hereby conferred upon the inspectors of the weights 3nd measures
bureau ~nd the se31er of weights and measures. while eng3ged in performing their ImNful duties;
3nd they 3re authorized to 3rrcst 3ny violator of such I3ws and ordin3nces 3nd to seize, for use
3S evidence, without form~1 '....arr3nt. incorrect or unse~led weights and measures or amounts of
p3ckages or commodities found to be used. retained. offered or exposed for sale or sold in
violation of I~'N.
COMMENT
The section is repealed to reflect the fact that the City's Weights and Measures Bureau no
longer exists.
Adopted by the City Council of the City Of Virginia Beach on the
.2007.
day
of
Approved as to Content:
Approved as to Legal Sufficiency:
(/J~ /1/tIuJ
-
City Attorney's Office
CA-10431
June 21.2007
R-1
,
4'a.~""'"
.&:.":~~':~t-~}
f.lo......., -....... ....'S.)
(""': ~7.,
\~~:~~,;~::;ilJ
"""
\...
CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM: An Ordinance authorizing the City Manager to execute a lease for one year with
Tidewater Regional Group Home Commission, a public body corporate established
pursuant to Virginia Code 916.1-315 et seq., for 4,080 square feet of City-owned land
located at 2293 Lynnhaven Parkway in the City of Virginia Beach
MEETING DATE: July 10, 2007
. Background: Tidewater Regional Group Home Commission, a public body
corporate established pursuant to Virginia Code 916.1-315 et seq. ("TRGHC") would
like to lease 4,080 square feet of property from the City of Virginia Beach (the "City")
located at 2293 Lynnhaven Parkway in the City of Virginia Beach (the "Property").
TRGHC would use the Property for a transitional living program providing residential
housing for juvenile offenders, TRGHC (and its predecessors) has been leasing this
property from the City for approximately 30 years.
. Considerations: This lease would be for a term of one (1) year, and the City
has a thirty-day (30) termination option, The terms and conditions governing the
behavior of the residents of the Property are set forth in the Lease itself and
Memoranda of Understanding between TRGHC and the City and TRGHC and the City
of Virginia Beach Police Department
. Public Information: Advertisement of Public Hearing
Advertisement of City Council Agenda
. Alternatives: Approve terms of the Lease Agreement as presented, after
terms of the proposed Lease Agreement or deny leasing of subject premises.
. Recommendations: Approval
. Attachments: Ordinance
Summary of Terms
Location map
Recommended Action: Approval / (tJ
Submitting Department/Agency: Management ~rFacilities Management Office
City Manag .
k .CJe&1:
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER
2 TO EXECUTE A LEASE FOR ONE YEAR WITH
3 TIDEWATER REGIONAL GROUP HOME
4 COMMISSION, FOR 4,080 SQUARE FEET OF CITY-
5 OWNED LAND LOCATED AT 2293 L YNNHAVEN
6 PARKWAY IN THE CITY OF VIRGINIA BEACH
7
8
9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain
10 parcel of land located at 2293 Lynnhaven Parkway in the City of Virginia Beach (the
11 "Property"), The City desires to lease 4,080 square feet of the Property as set forth
12 on Exhibits A and B (the "Premises");
13
14 WHEREAS, Tidewater Regional Group Home Commission, a public body
15 corporate established pursuant to Virginia Code 916.1-315, et seq., ("TRGHC") has
16 agreed to lease the Premises from the City for one year with an annual lease
17 payment of One Dollar ($1.00).
18
19 WHEREAS, TRGHC has leased the Premises from the City for approximately
20 30 years;
21
22 WHEREAS, the Premises will be utilized as a transitional living program
23 house providing residential housing for juvenile offenders and for no other purpose.
24
25 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 That the City Manager is hereby authorized to execute a lease for the term of
29 one (1) year, between Tidewater Regional Group Home Commission, a public body
30 corporate established pursuant to Virginia Code 916.1-315, et seq., ("TRGHC") and
31 the City, for the Premises in accordance with the Summary of Terms attached hereto
32 and such other terms, conditions or modifications as may be satisfactory to the City
33 Manager and the City Attorney.
34
35 Adopted by the Council of the City of Virginia Beach, Virginia on the
36 day of , 2007
CA10314
V:\applications\citylawprod\cycom3:!...Wpdocs\D027\POO::!\0003~ 111 ,DOC
R-1
June 28, 2007
APPROVED AS TO
SUFFICIENCY A FO
APPROVED AS TO CONTENT
City Attorney
;;~{/
Signature I
iJ/~~/~-/.I"l~ 11&1
Department
EXHIBIT A
The Premises are a part of the property identified as GPIN: 1475-35-2438 and generally
known as 2293 Lynnhaven Parkway and are more particularly shown as the shaded area
on the map on Exhibit B and extend from the access road on the east to the tree line on
the west and from the fence on the north to Lynnhaven Parkway on the south.
SUMMARY OF TERMS
LEASE FOR THE USE OF 4,080 SQUARE FEET OF
CITY REAL PROPERTY
LESSOR: City of Virginia Beach
LESSEE: Tidewater Regional Group Home Commission
PREMISES: Approximately 4,080 square feet of City property located at 2293 Lynnhaven
Parkway in the City of Virginia Beach
TERM: July 1,2007 through June 30, 2008
RENT: Rent shall be one dollar ($1.00),
RIGHTS AND RESPONSIBILITIES OF
TIDEWATER REGIONAL GROUP HOME COMMISSION:
. Will use the Premises for a transitional living program providing residential housing
for juvenile offenders and for no other purposes,
. Will comply with all terms, conditions and reporting requirements regarding the behavior
of the residents set forth in the Lease and Memoranda of Understanding between TRGHC
and the City, attached as Exhibit 1, and TRGHC and the City of Virginia Beach Police
Department, attached as Exhibit 2.
. Will keep, repair, and maintain the Premises at its expense and will do so in a
workmanlike manner,
. Will maintain commercial general liability insurance coverage with policy limits of not
less than one million dollars ($1,000,000) combined single limits per occurrence, issued
by an insurance company licensed to conduct the business of insurance in Virginia, Such
insurance shall name the City of Virginia Beach as an additional insured. Lessee shall
provide a certificate evidencing the existence of such insurance.
. Will assume the entire responsibility and liability for any and all damages to persons or
property caused by any act or omission of the Lessee or its agents, etc. associated with
the use of the Premises.
. Will comply with all applicable laws, ordinances, and regulations in the performance of
its obligations under the Lease, including Virginia Beach Code Section 23-59.
RIGHTS AND RESPONSIBILITIES OF
THE CITY:
. Will have access to the Premises at any time, without prior notice, in the event of an
emergency.
. Will have the right to require Tidewater Regional Group Home Commission to surrender
possession and control of the Premises to the City upon forty-eight (48) hours notice in
the discharge of its powers, purposes, or responsibilities.
. Will have the right to grant easements and rights of way across, in, under and through the
Premises for streets, alleys, public highways, drainage, and other similar purposes.
TERMINATION: The City may terminate the Lease anytime prior to June 30, 2008 upon
providing thirty (30) days written notice to Tidewater Regional Group Home Commission.
V :lapplicationslcityl.wprodlcycom321 WpdocsID027'POO2100036112,DOC
EXHIBIT 1
TIDEWATER REGIONAL
GROUP HOME COMMISSION
2404 Airline Boulevard, Portsmouth, Virginia 23701
Telephone: (757) 488-9161 · Fax: (757) 488-9652
MEMORANDUM OF UNDERSTANDING
Between the City of Virginia Beach and
Tidewater Regional Group Home Commission
July 1,2007
The intent of this memorandum is to establish guidelines which will enhance the
level of communication between the City of Virginia Beach ("City") and the Tidewater
Regional Group Home Commission ("TRGHC"). TRGHC operates residential
programs for youth at two City locations: 2293 Lynnhaven Parkway (Transitional Living
Program) and 811 13th St. (Crisis Intervention Home).
TRGHC will report the following information to the City Manager's Office:
1. Any incidents involving active program clients committing crimes against citizens
or property and/or any incidents that have the potential for media coverage.
2, Any plans to change the mission ofa program, to close a program or to change
the target population to be served.
3. Any sanctions by regulatory authorities.
4. Any founded child protective services reports against staff of the facilities,
5. Injury or illness (requiring hospitalization) or death of a program resident.
6. Any legal action taken against the program or TRGHC.
7. Any disputes between TRGHC facilities and the adjoining neighbors or
neighborhood associations.
8, Damage to the buildings or property caused by fire, flood, vandalism, natural or
man-made disasters.
The City will inform TRGHC of the following:
1. Potential changes in city property uses that may impact a TRGHC program.
2. Budgetary and/or funding decisions which will change local government's level
of support for juvenile justice services.
ritiP'.<:: nfrhpC':~np~lrp 0 Pr~nlrl;n. Pl""\1'"tC'rnnnth D Q"+f',,,11... ~.. ,,~......;n1~ 'QQO],,...'h ...........1 ("'l............:~_ _.ET_1_ _L"nr" ,. ...,.... .
3. Economic development initiatives which will change the neighborhood
environments in which TRGHC operates.
The above examples are not intended to be all inclusive but cover major areas
needing direct communication. It is agreed that the City's Chief of Staff and the
Executive Director ofTRGHC will hold a face to face meeting at least annually to review
areas of mutual interest and to address any pending issues.
~}-~
Li Cia S, Fiiippi
Executive Director, TRGHC
~/Z/o7
Date
Susan D, Walston
Chief of Staff, City of Virginia Beach
Date
EXHIBIT 2
Memorandum of Understanding between the Virginia Beach Police
Department (VBOP) and Transitional Living Program (TLP), a program
operated by the Tidewater Regional Group Home Commission (TRGHC)
June 20, 2007
This Memorandum of Understanding will provide protocols for communication
and collaboration between the Transitional Living Program (TLP) and the Virginia
Beach Police Department (VBPD) to maximize community safety.
TLP will evaluate their current selection process to ensure enhanced screening
of applicants. This will include additional layers of review of applicants by
TRGHC Deputy Director and/or Executive Director for referrals involving felony
crimes against persons (Le. malicious wounding).
Effective March 16, 2006, all new admissions into the TLP will be placed on
electronic monitoring using real-time GPS tracking for a minimum of the first 30
days, Release from the monitoring will be co ntingent on the youth making a
satisfactory adjustment with no major progra m rule violations.
Monitoring will include the exclusion of youths from those areas with high crime
patterns and gang activity. Residential areas surrounding the Transitional Living
Program will also be included in the exclusio n zones.
Records of the GPS monitoring are available indefinitely for subsequent review
should the whereabouts of any of the residents need to be ascertained during
monitoring or after it has been discontinued.
TLP will continue to use metal detector wands to check for weapons on both the
youth and their rooms
TLP has increased the use of vehicle transportation for youths going to jobs,
school, etc. to reduce foot traffic by program residents in the neighborhood
The VBPD will inform TLP of potential problem areas, crime trends, and gang
activity around the TLP. TLP will also use iPRO (Electronic Police Reports) to
identify potential problem areas. TLP will then restrict youths fro'm tliese areas.
TLP will monitor video surveillance cameras around the TLP and provide logs of
activity to VBPD when requested.
TLP will notify VBPD of youths who are AWOL or have generated GPS alerts
The VBPD 4th Precinct will visit TLP every 4-6 weeks to interact with youth and
"humanize" the police. Also provides opportunity for PO to become familiar with
youths, In addition, an officer of the VBPD 4th Precinct will communicate with the
program's administration on a bi-weekly basis for updates on the current
population.
TLP will notify VBPD, 4th Precinct of all new admission and those who exit from
the program
A representative from the Transitional Living Program will attend VBPD 4th
Precinct CAG meetings to observe and listen to citizen concerns in the Precinct
TLP and VBPD will exchange information on any suspicious behavior involving
youths within the confines of current privacy legislation,
Date
(~L5~ 7
Date
~.z $'1/ '7
)---7-----'
400
I Fee
Prepared by P.W/Eng.lEng. Support Services Bureau 4/19/06
n
X:\Projects\ARC Files\Agenda Maps\Lynnhaven Little Neck Civic
";G~~:'\...
,i->"l<.' .-""'~l
~ '.. .'7"
(U .. :!;:)
~~t~icL~~~/j
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: lynnhaven-Little Neck Civic league land Dedication - 586 lynnhaven Rd.
MEETING DATE: June 26,2007
. Background: In April 2006, the City Public Works/Real Estate Office received correspondence
from Mr. David Zurek, Acting President of the Lynnhaven-Little Neck Civic League, Inc. soliciting the
interest of the City in acquiring ownership of the subject property through a real estate dedication. The
subject property is 15.6 acres in size and is located at 586 North Lynnhaven Road, adjacent to the Kings
Grant Elementary School property.
This request was initiated by Mr. Zurek on behalf of the civic league because the few remaining members
of the civic league recognized that they were no longer able to serve as guardians of the subject property
to ensure that the property continued to be utilized for recreational activities for the community and was
not developed commercially for profit, in whole or in part, as entrusted to them by the Trant family over 40
years ago. Today, the only reason for the Lynnhaven-Little Neck Civic League to legally exist is the fact
that the civic league owns the subject property.
Lynnhaven-Little Neck Civic League, Inc. has owned the subject property since 1955 when the Trant
family willed ownership of the subject property to the civic league so the land could be utilized for
recreational activities for the community. Subsequent to acquiring ownership of the property, the civic
league has informally allowed Boys Baseball of Lynnhaven, Inc. alkla Lynnhaven Baseball League to
construct capital improvements on the property for the purpose of operating a youth baseball league.
Capital improvements on the property include one 300-foot lighted baseball field, two 200-foot lighted
baseball fields, one administration building, two concession/restroom buildings, one equipment storage
building, and a 27,000 square foot asphalt parking lot. Both City water and City sewer services are being
provided to the subject property.
· Considerations: The Lynnhaven-Little Neck Civic League proposes to dedicate the subject
property to the City. There would not be any cost for the land however the City would fund associated
due diligence and settlement costs from CIP 4.004 Open Space Program Site Acquisition. The site has
City assessment of $3,120,000 based on its zoning of R-10 single-family residential. However, the civic
league is charged real estate taxes at a reduced rate based on a value of $147,304. As of June 8, 2007,
the real estate taxes were paid up-to-date.
· Public Information: The proposed real estate dedication has been discussed at several of
the Council-appointed Open Space Subcommittee public meetings. In addition, the real estate dedication
will be advertised through the official process associated with public notification of the City Council
meeting agenda.
. Alternatives: One alternative would be to have the site dedicated to the Boys Baseball of
Lynnhaven, Inc. instead of the City. However, with revolving board members, the organization may not
be the most appropriate, stable entity to have full ownership responsibilities over the land.
. Recommendations: Authorize the City Manager to execute appropriate documents to
accept the subject real estate dedication from Lynnhaven-Little Neck Civic League, Inc. and rezone the
entire subject property to P-1 to ensure the preservation of the property for recreational activities as
originally entrusted to the civic league by the Trant family. When the dedication process has been legally
completed, Department of Parks and Recreation staff will work with representatives of the Lynnhaven
Baseball League to develop a proposed written five year lease agreement between the City and the
league for City Council's consideration.
. Attachments: Ordinance accepting real estate dedication and maps of the subject site,
Recommended Action: Approval
Submitting Department/Agency: Department of Parks and Recreation
City Manage~ \L. ~~
1 AN ORDINANCE TO AUTHORIZE THE ACCEPTANCE
2 OF A DEDICATION OF 15.6 ACRES OF PROPERTY
3 LOCATED AT 586 NORTH L YNNHAVEN ROAD,
4 ADJACENT TO THE KINGS GRANT ELEMENTARY
5 SCHOOL IN VIRGINIA BEACH, IN FEE SIMPLE FROM
6 THE L YNNHAVEN-L1TTLE NECK CIVIC LEAGUE,
7 INC,
8
9 WHEREAS, Lynnhaven-Little Neck Civic League, Inc. (the "Civic League") owns
10 15.9 acres of property located at 586 North Lynnhaven Road (the "Property").
11
12 WHEREAS, the Civic League, has offered to dedicate the 15.6 acres to the City of
13 Virginia Beach
14
15 WHEREAS, Capital improvements on the property include one 300-foot lighted
16 baseball field, two 200-foot lighted baseball fields, one administration building, two
17 concession/restroom buildings, one equipment storage building, and a 27,000 square foot
18 asphalt parking lot. Both City water and City sewer services are being provided to the
19 Property
20
21 WHEREAS, the Department of Parks and Recreation has determined that the
22 Property will further the recreational needs of the City and that the Property should
23 continue to be used as a recreational facility.
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 1. That the City Council authorizes the acceptance of the dedication of
29 the Property by Lynnhaven Little Neck Civic League, Inc. to the City of Virginia Beach by
30 Deed of Gift pursuant to section 15.2-1800, Code of Virginia of 1950, as amended.
31
32 2. That the City Manager or his designee is authorized to execute all
33 documents that may be necessary or appropriate in connection with accepting the
34 dedication of the Property, so long as such documents are acceptable to the City Manager
35 and the City Attorney.
36
37
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2007.
CA 10295
PREPARED: June 28, 2007
R-1
V:\applicationslcitylawprodlcycom321 WpdocsID021 \P00210003573 8, DOC
APPROVED AS TO CONTENT
~~
?c.tlLs e..... J f!t( ".t).,c--.
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIEN~
~~
citY ATrORNEY
day of
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Accept and Appropriate $300,000 from the Virginia Beach
Performing Arts Center Foundation to Capital Improvement Project #3-283,
"Sandler Center for the Performing Arts at Virginia Beach," for a Free-
Standing Sign
MEETING DATE: July 10, 2007
. . Background: At the February 13, 2007 City Council meeting, City Council
approved two free-standing signs at the Sandler Center for the Performing Arts. The
first sign will be located at the corner of Independence Boulevard and Commerce Street
and is funded in the current Capital Improvement Project budget. The second sign will
be located near the corner of Commerce and Market Street, at the entrance to the
Performance Plaza. The second sign was approved with the understanding that the
Virginia Beach Performing Arts Center Foundation, a 501 (c)(3) organization, would fund
the cost of the sign through donations.
. Considerations: The Virginia Beach Performing Arts Center Foundation has
raised the necessary funds to construct the plaza sign and will transfer funds to the City
to construct the sign.
. Public Information: This item will be advertised in the same manner as other
agenda items.
. Recommendations: Adopt ordinance
. Attachments: Ordinance, Foundation letter
Recommended Action: Adoption
Submitting Department/Agency: Office of Cultural Affairs
City Manager~ ) )L, ~~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$300,000 FROM THE VIRGINIA BEACH
PERFORMING ARTS CENTER FOUNDATION TO
CAPITAL IMPROVEMENT PROJECT # 3-283
"SANDLER CENTER FOR THE PERFORMING ARTS
AT VIRGINIA BEACH" FOR A FREE-STANDING SIGN
WHEREAS, the Virginia Beach Performing Arts Center Foundation has raised
the necessary funding for a second free-standing sign for the Sandler Center for the
Performing Arts;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $300,000 is hereby accepted from the Virginia Beach Performing Arts
Center Foundation and appropriated to Capital Improvement Project #3-283, "Sandler
Center for the Performing Arts at Virginia Beach," for a free-standing sign, with revenue
from donations increased accordingly.
Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2007.
day
of
Approved as to Content:
Approved as to Legal Sufficiency:
A. I~ ~I'V---
City Attor~s Office
CA 10448
R-3
June 29, 2007
(
rO~)ND^TION DIHEC"rOHS
. -.' ,_. .~::: .- -- :: ~
"):;-'r,
.. I;';
~. .,~ .'
'~..,.". .":."
5TSERlNG COMMITTEE
:-;..:, ',' ..:; ~..' i.: c, ,\ ::,.:..E.\;;;
~,..... ....t';'~ , ,-'" ~t.:. '. -
" .~ :'J ~
. ".' ,.,.:, :: iv''. P: :~,
!'-,..'; ;3 :::"ij'R".-,
-"".)~/~'.'-, i''-'i~:\~,l'/
, ;:. i"^:-~~..'., ::)
"_ ~.j iJ :., :-: \, ."\ ,. '\I
'\.\ ~:: v 'r
,.~.: ~ E .\ f::': .....
'",.::.' ;.)i\,
'; i '."
HONOPARY
.,\OVISORY COUNCil
,".;
'-: "\; ::; ,~, . :-: "
.':, '.-' i ..~ .....:_~ .
c..., "."
1\(;;:' :\.,.
r::",' ",l\,;/.~
" ~ '.-::;: ;::' :-.:
';,':::;:?[";
I.) ,-. i < I ~J
O':';'~ .:,
,:.,t.,'. _,.,
,!'. 17;;:;. "\,!,\
':. " / ,\ I .; '\j~: '.;
,-'~'r-I ~.
,.'. :., ,to",.,
".\.1."-
...., .:::<,:!
, ,,;'~ ,.. ," i f~,
r.._,,; "
June 29, 2007
\1r. Junes Spore, City \ [anager
City of V Irg1l1ia Bcach
\Junicip,[i Center, BUIlding 1
2-/.01 Courthouse Driyc, SUItt 23-/.
Virginia Beach, Y.-\ 23456
Dear Jim,
r7011owing the joint meeting last week of the Virginia Beach Pl'rf()rrnlll\~\rts Center
Foundation and the Capital Campaign Steering Committee, \\ie \vouid like to respcctF",]ly
request the approval to move ahead \vlth construction on a Plaza \hrquee to be erected on
the comer of Commerce and \[arket Streets in front of the Sandler C:emcr ex the
Perfonning:\rts, as appnwed by City Council in the Center's signage package in h'hru:lry
2007, The FoundatIon and Steering Committec h:1VC unanimously agreed to fund r+:~
additional marquee at 100"'0. The cost is approximately $300,000,
:\s previously stated, the r"oundation \Vii! .11so fund the S100,OOO publIC :\rt pf",!eer 1-c'!" ih:'.:
Sandler Center.
In addition rc these Clpltal projects, the Foundation ,md Steering C:ommirtcc \VcJUid ~,
encourage that the City explore the purchase of a projector 10 enable the Center tl) prodLh'.
unique tilm festi\-als and other simtlar events,
'I'htmk you for your continued support of this CXClti,lg project,
Regards,
//';
'-".....-;7 I /
;,' ,,( ./
~'(,
Linwood O. lkmch. III
President
cc: Bill C;')gg-ins, Clancy and Theys ConstructIon Company
D:rnd L I brisen, ClwJ of Finance & Technology
~:n:rt'ltc Herndon, Public \\'orks
PatneD Philhps. DIrector of r:jnancc
\aron \Vcbh, Public \\'orks
r;6~~?;~~
(:)
.....................-
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
Resolution Authorizing the City Manager to Execute a Renewed
and Restated Agreement Between The City Of Virginia Beach and
The Virginia Beach Performing Arts Center Foundation, Inc.
MEETING DATE: July 10, 2007
. Background: The Sandler Center for the Performing Arts at Virginia Beach
("Center") is a community-based, professional quality, twelve hundred-seat facility that
is currently under construction at the Town Center in Virginia Beach, It is estimated that
construction will be completed in November 2007.
The Virginia Beach Performing Arts Center Foundation, Inc. (the "Foundation") is a
permanent, non-profit section 501 (c)(3) organization whose responsibilities include (i)
providing adequate resources for the activities of the Center through a commitment to
fund raising, including capital, endowment, and potential on-going annual fund raising; (ii)
advising on long-range planning and vision for the Center; (iii) ensuring that the work of
the Center is consistent with the mission; (iv) serving as an ambassador in the
community and region advocating the mission and establishment of the Center; and (v)
serving on committees or task forces, as needed.
. Considerations: On July 12, 2005, the City and the Foundation entered into an
operating agreement to memorialize the responsibilities and obligations of the City and
the Foundation as they relate to certain operational activities of the Center, The
operating agreement expires in July 2007, The parties desire to renew and restate the
agreement. The Renewed and Restated Agreement will extend the term from two years
to ten years.
. Public Information: Public information will be provided through the normal
process of advertising the Council's agenda.
. Attachment: Resolution, Redlined copy of Renewed and Restated Agreement
Recommended Action: Approval
Submitting Department/Agency: Office of Cultural Affairs
City Manager~ k- . ~Of't-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A REi'iEWED AND
RESTATED AGREEMENT WITH THE VIRGINIA
BEACH PERFORMING ARTS CENTER
FOUNDATION, INC.
WHEREAS, Sandler Center for the Performing Arts at Virginia Beach ("Center")
is a community-based, professional quality, twelve hundred-seat facility that is currently
under construction at the Town Center in Virginia Beach; and
WHEREAS, the mission of the Center is to provide exceptional cultural
opportunities for the community to both participate in and enjoy and to serve as a
cultural focal point for the performing arts in Virginia Beach; and
WHEREAS, the Virginia Beach Performing Arts Center Foundation, Inc,
("Foundation") is a permanent, non-profit section 501 (c)(3) organization whose
responsibilities include (i) providing adequate resources for the activities of the Center
through a commitment to fundraising, including capital, endowment, and potential on-
going annual fundraising; (ii) advising on long-range planning and vision for the Center;
(iii) ensuring that the work of the Center is consistent with the mission; (iv) serving as an
ambassador in the community and region advocating the mission and establishment of
the Center; and (v) serving on committees or task forces, as needed; and
WHEREAS, on July 12, 2005, the City and the Foundation entered into an
operating agreement to memorialize the responsibilities and obligations of the City and
the Foundation as they relate to certain operational activities of the Center; and
WHEREAS, the operating agreement expires on July 11, 2007; and
WHEREAS, the City and the Foundation desire to renew and restate the
agreement in an effort to assure the success and prosperous growth of the Center; and
WHEREAS, the Renewed and Restated Agreement will extend the term from two
years to ten years,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
The City Manager is hereby authorized and directed to execute said Renewed
and Restated Agreement on behalf of the City of Virginia Beach. A red line copy of the
Renewed and Restated Agreement is attached hereto.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2007.
day
Approved as to Content:
~
CA10414
June 28, 2007
R-3
Approved as to Legal Sufficiency:
2
)A.,'..c-.
s Office
RENEWED AND AMENDED RESTATED OPERATING AGREEMENT
BETWEEN THE CITY OF VIRGINIA BEACH
AND
VIRGINIA BEACH PERFORMING
ARTS CENTER FOUNDATION, INC.
THIS RENEWED AND AMENDED RESTATED OPERATING AGREEMENT
("Agreement") made and entered into as of this _ day of , 2007, by and
between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth
of Virginia ("City"), and the VIRGINIA BEACH PERFORMING ARTS CENTER
FOUNDATION, INC., a non-stock, non-profit organization with a tax exempt status
under section 501 (c)(3) of the United States Internal Revenue Code ("Foundation").
RECITALS
WHEREAS, the City is the owner of grounds and related facilities currently under
construction in the City of Virginia Beach, known as the Sandler Center for the
Performing Arts ("Center"). It is estimated that construction of the Center will be
completed in 2007;
WHEREAS, the Foundation is a non-stock, non-profit, charitable organization
existing under the laws of the Commonwealth of Virginia;
WHEREAS, the responsibilities of the Foundation include (i) providing adequate
resources for the activities of the Center through a commitment to fundraising, including.,
capital, endowment, and potential on-going annual fundraising; (ii) advising on long-
range planning and vision for the Center; (iii) ensuring that the work of the Center is
consistent with the mission; (iv) serving as an ambassador in the community and region
advocating the mission and establishment of the Center; and (v) serving on committees
or task forces, as needed;
WHEREAS, the Foundation and the City wish to assure the success and
prosperous growth of the Center in the future by memorializing the responsibilities and
obligations of the City and the Foundation as they relate to certain operational activities;
WHEREAS. the Foundation was required bv the City to raise twelve and a half.-
million dollars ($12.500.00.00) to assist with the construction of the Center ("Fundraisinq
Campaian"):
WHEREAS. the Foundation has received aifts and pledaes for the Capital
Fundraising Campaiqn that meet or exceed the City's requested assistance:
Page 1 of 5
WHEREAS, those funds may be received at various times over a ten (10) vear
period;
WHEREAS, the Foundation irrevocably pledqes that all such funds associated
with the Capital Fundraisinq Campaiqn shall be desiqnated as funds of the City and
shall be paid to the City as they are received;
WHEREAS, the Foundation now desires to continue its fundraisinq activities in
support of the Center by establishinq an endowment fund ("Endowment"), which shall
be defined in the by-laws of the Foundation;
WHEREAS, the Endowment effort shall be on-going and may raise funds to
support activities at the Center. includinq those of an educational nature: and
WHEREAS, the City and Foundation aqree that the Endowment funds shall be
solicited. received, controlled. invested and expended by the Foundation, in its
discretion, and the City has no expectation that such funds will be available for costs or
activities of the City. althouqh the purpose of the Endowment will be qenerally to
support activities at the Center.
AGREEMENT
The parties to this Agreement, for and in consideration of the mutual efforts to
promote and support the development of the Center, agree as follows:
1. OPERATING PROCEDURES
A. The City Manager of the City of Virginia Beach (the "City Manager") shall
be the official responsible for the administration of this Agreement for the City,
B. An Executive Director shall be selected by the City Manager, upon
consultation with the Foundation, and employed by the City. The Executive Director
shall oversee the day-to-day operations of the Foundation and shall assist the
Foundation in planning and implementing its fund raising activities. The Executive
Director shall receive no remuneration from the Foundation and shall have no voting
rights with respect to Foundation business or affairs,
C. The City shall employ a Fundraiser Campaign Coordinator to work with
the Foundation to develop and coordinate all aspects of the sCapital c3mp3ign
Fundraisinq Campaign. Specifically, the Fundraisinq Campaign Coordinator shall work
in collaboration with the Foundation on public relations and marketing strategies, shall
plan and implement campaign, donor cultivation, and other special events, and shall
provide professional administrative services to the Foundation. The Fundraisinq
Campaign Coordinator shall report to the Executive Director.
Page 2 of 5
D. For the Fundraising Campaiqn, and whenever mutuallv aqreed upon
thereafter. +!he City and the Foundation may engage in joint promotional efforts,
including marketing and the solicitation of funding through grants. However, no City
employee shall actively solicit any donations on behalf of the Foundation unless the City
Manager specifically approves such activity.
Any funds or grants received by the City shall not be appropriated to the
Foundation unless so directed by the City Council pursuant to an ordinance adopted by
City Council. Any funds or grants received by or awarded or donated to the Foundation
shall be accounted for in the Foundation's records and disbursed in accordance with the
donor's or grantor's instructions.
E. The Foundation may continue its fundraising activities in support of the'"
Center by establishinq an on-goinq Endowment for the purpose of oromotinq and
supportinq activities at the Center. consistent with the Foundation's by-laws. Any and all
funds received by the Foundation for the Endowment shall be the responsibility of the
Foundation and shall be within the exclusive control of the Foundation. The City
acknowledqes that the Foundation has no obliqation to appropriate any Endowment
funds to the City,
~F. In the event the Foundation dissolves, becomes inactive, or discontinues....
its active support of the Center, all monies pledged or dedicated to the Center for aAy
existing the Fundraising Campaiqnprojeot shall become property of the City, and shall
only be used by the City for the purpose for which they were pledged or dedicated,
~G. The City and the Foundation acknowledge and agree that all Foundation"'-
correspondence, financial records and all Foundation documents shall be kept separate
and apart from all City records,
G:-H. In return for the Foundation's in-kind contributions and services to the"'-
Center, and in furtherance of the Foundation's goal of supporting the Center through
advocacy and fund raising, the City will, at its expense: (i) employ a Fundraising
Campaign Coordinator, for the Fundraisinq Campaiqn. as described above; (ii) provide
for the supervision of the Fundraisinq Campaign Coordinator, by the Executive Director,
and supervise the quality, accuracy, and timeliness of campaign correspondences,
proposals and other materials; (iii) make available office space to house and equip the
Foundation's administrative and personnel needs; (iv) provide the Foundation with a
facsimile machine, computer hardware and software, copying equipment, and dedicated
telephone lines to implement and facilitate the responsibilities of the Foundation; (v)
supply additional City personnel, as necessary, to provide informational support and to
keep the Foundation abreast of the construction progress and of programming
developments related to the Center; and (vi) permit access to City facilities for
Page 3 of 5
fund raising activities and for other private functions which generate revenue for the
Center, subject to the prior approval of the City Manager or his designee.
I. The Foundation acknowledaes that all financial obliaations of the City are
subiect to annual appropriation bv the City Council.
2. INSURANCE
The Foundation shall provide to the City's Risk Management Administrator
evidence of liability insurance coverage for the Foundation and its employees and
Board Members, All policies of insurance required herein shall be written by insurance
companies licensed to conduct the business of insurance in Virginia and shall carry the
provision that the insurance will not be cancelled or materially modified without thirty
(30) day prior written notice to the City.
3. RECORD KEEPING
A. The Foundation shall provide annually to the City an audited financial
statement. The audit shall be made in accordance with generally accepted auditing
principles by an independent certified public accountant covering all Fundraisina
Campaian monies which are the subject of this Agreement. The statement will be
provided on or before June 30 of each year during this Agreement but shall not include
any information regarding individual Foundation donors.
B. The Foundation shall provide the City with an updated copy of its articles,
bylaws and officers and directors. The Foundation shall also provide the City with a
copy of its IRS Form 990 (Return of Organization Exempt from Income Tax) without
accompanying documentation providing information concerning any specific Foundation
donor,
4. INDEPENDENT CONTRACTORS
In the performance of this Agreement, both the City and the Foundation will be
acting in an individual capacity and not as agents, employees, partners or joint
venturers or associates of one another. The agents or employees of the one shall not
be construed to be the agents or employees of the other. City employees shall remain
employees of the City notwithstanding the fact that they may assist the Foundation.
Neither the City nor its agents, volunteers, servants, employees or officials shall
be responsible or liable for any claim or suit arising from contracts, agreements,
understandings or arrangements made by the Foundation with any person or entity
covering services or good procured by the Foundation, or for the negligent or willful acts
of the Foundation.
Page 4 of 5
5. TERM
The term of this Agreement shall be for ten (10) years from the date of execution.
Thereafter, the Agreement may be renewed for an additional five-year term with the
consent of the City Manager.
6. AMENDMENTS OR MODIFICATIONS
The City or the Foundation may amend or modify this Agreement upon mutual
agreement. Such amendment(s) or modification(s) shall be in writing and executed by
the authorized representatives of the City and the Foundation.
7. TERMIN^TION
The City or the Foundation may terminate this J\greement at any time upon
giving thirty (30) days written notioe to the othor party. Eaoh P:lrty shall. oontinue to fulfill
all of its obligations under the Agreement during the s3id thirty (30) d3Y period.
gz. NOTICES
Any notice or notices required or permitted pursuant to this Agreement shall be
given by certified mail, postage prepaid, return receipt requested as follows:
To the City:
James Spore
City Manager
City of Virginia Beach
2401 Courthouse Drive, Room 234
Virginia Beach, VA 23456
To the Foundation: Linwood Branch, III
President, Virginia Beach Performing Arts
Center Foundation, Inc.
Days Inn at the Beach
1000 Atlantic Avenue
Virginia Beach, VA 23451
9~. ENTIRE AGREEMENT
The parties agree that this writing constitutes the entire agreement of the parties
and that there may be no modification of this Agreement, except in writing, executed by
the authorized representatives of the City and the Foundation,
Page 5 of 5
As evidence of their agreement to the terms and conditions set forth herein, the
parties affixed their authorized signatures hereto:
VIRGINIA BEACH PERFORMING
ARTS CENTER FOUNA TION, INC.
By:
Title:
CITY OF VIRGINIA BEACH
By:
City Manager / Authorized Designee
Approved as to Legal Sufficiency:
Approved as to Content:
City Attorney's Office
Office of Cultural Affairs
Approved as to Legal Sufficiency:
Approved as to Risk Management:
Foundation Counsel
Risk Manager
Page 6 of 5
r~f%~6~~
"~~',.<l>j':::f~~
( .>,...v._.,.",.^,,,~., ._:.>..... .... )
(,~~~~;:;::~djJ
......................
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution Authorizing the City Manager to Execute a Renewed
and Restated Agreement Between The City Of Virginia Beach and
The Virginia Beach Performing Arts Center Foundation, Inc.
MEETING DATE: July 10, 2007
. Background: The Sandler Center for the Performing Arts at Virginia Beach
("Center") is a community-based, professional quality, twelve hundred-seat facility that
is currently under construction at the Town Center in Virginia Beach. It is estimated that
construction will be completed in November 2007.
The Virginia Beach Performing Arts Center Foundation, Inc. (the "Foundation") is a
permanent, non-profit section 501 (c)(3) organization whose responsibilities include (i)
providing adequate resources for the activities of the Center through a commitment to
fundraising, including capital, endowment, and potential on-going annual fundraising; (ii)
advising on long-range planning and vision for the Center; (iii) ensuring that the work of
the Center is consistent with the mission; (iv) serving as an ambassador in the
community and region advocating the mission and establishment of the Center; and (v)
serving on committees or task forces, as needed,
. Considerations: On July 12, 2005, the City and the Foundation entered into an
operating agreement to memorialize the responsibilities and obligations of the City and
the Foundation as they relate to certain operational activities of the Center. The
operating agreement expires in July 2007. The parties desire to renew and restate the
agreement. The Renewed and Restated Agreement will extend the term from two years
to ten years.
. Public Information: Public information will be provided through the normal
process of advertising the Council's agenda.
. Attachment: Resolution, Redlined copy of Renewed and Restated Agreement
Recommended Action: Approval
Submitting Department/Agency: Office of Cultural Affairs
City Manager~ k. . ~Of't-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A RENEWED AND
RESTATED AGREEMENT WITH THE VIRGINIA
BEACH PERFORMING ARTS CENTER
FOUNDATION, INC.
WHEREAS, Sandler Center for the Performing Arts at Virginia Beach ("Center")
is a community-based, professional quality, twelve hundred-seat facility that is currently
under construction at the Town Center in Virginia Beach; and
WHEREAS, the mission of the Center is to provide exceptional cultural
opportunities for the community to both participate in and enjoy and to serve as a
cultural focal point for the performing arts in Virginia Beach; and
WHEREAS, the Virginia Beach Performing Arts Center Foundation, Inc,
("Foundation") is a permanent, non-profit section 501 (c)(3) organization whose
responsibilities include (i) providing adequate resources for the activities of the Center
through a commitment to fundraising, including capital, endowment, and potential on-
going annual fundraising; (ii) advising on long-range planning and vision for the Center;
(Hi) ensuring that the work of the Center is consistent with the mission; (iv) serving as an
ambassador in the community and region advocating the mission and establishment of
the Center; and (v) serving on committees or task forces, as needed; and
WHEREAS, on July 12, 2005, the City and the Foundation entered into an
operating agreement to memorialize the responsibilities and obligations of the City and
the Foundation as they relate to certain operational activities of the Center; and
WHEREAS, the operating agreement expires on July 11 , 2007; and
WHEREAS, the City and the Foundation desire to renew and restate the
agreement in an effort to assure the success and prosperous growth of the Center; and
WHEREAS, the Renewed and Restated Agreement will extend the term from two
years to ten years.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
The City Manager is hereby authorized and directed to execute said Renewed
and Restated Agreement on behalf of the City of Virginia Beach. A redline copy of the
Renewed and Restated Agreement is attached hereto.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2007.
day
Approved as to Content:
~~
CA10414
June 28, 2007
R-3
Approved as to Legal Sufficiency:
2
)v..(,~
s Office
RENEWED AND AMENDED RESTATED OPERATING AGREEMENT
BETWEEN THE CITY OF VIRGINIA BEACH
AND
VIRGINIA BEACH PERFORMING
ARTS CENTER FOUNDATION, INC.
THIS RENEWED AND AMENDED RESTATED OPERATING AGREEMENT
("Agreement") made and entered into as of this _ day of , 2007, by and
between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth
of Virginia ("City"), and the VIRGINIA BEACH PERFORMING ARTS CENTER
FOUNDATION, INC., a non-stock, non-profit organization with a tax exempt status
under section 501 (c)(3) of the United States Internal Revenue Code ("Foundation").
RECITALS
WHEREAS, the City is the owner of grounds and related facilities currently under
construction in the City of Virginia Beach, known as the Sandler Center for the
Performing Arts ("Center"). It is estimated that construction of the Center will be
completed in 2007;
WHEREAS, the Foundation is a non-stock, non-profit, charitable organization
existing under the laws of the Commonwealth of Virginia;
WHEREAS, the responsibilities of the Foundation include (i) providing adequate
resources for the activities of the Center through a commitment to fundraising, including"
capital, endowment, and potential on-going annual fundraising; (ii) advising on long-
range planning and vision for the Center; (iii) ensuring that the work of the Center is
consistent with the mission; (iv) serving as an ambassador in the community and region
advocating the mission and establishment of the Center; and (v) serving on committees
or task forces, as needed;
WHEREAS, the Foundation and the City wish to assure the success and
prosperous growth of the Center in the future by memorializing the responsibilities and
obligations of the City and the Foundation as they relate to certain operational activities;
WHEREAS. the Foundation was reauired bv the City to raise twelve and a half+-
million dollars ($12.500.00.00) to assist with the construction of the Center ("Fundraising
Camoaian");
WHEREAS. the Foundation has received aifts and oledaes for the Caoital
Fundraising Camoaiqn that meet or exceed the City's reauested assistance:
Page 1 of 5
WHEREAS. those funds may be received at various times over a ten (10) year
period;
WHEREAS. the Foundation irrevocably pledaes that all such funds associated
with the Capital Fundraisina Campaian shall be desianated as funds of the City and
shall be paid to the City as they are received;
WHEREAS. the Foundation now desires to continue its fundraisina activities in
support of the Center by establishina an endowment fund ("Endowment"), which shall
be defined in the by-laws of the Foundation;
WHEREAS. the Endowment effort shall be on-aoina and may raise funds to
support activities at the Center, includina those of an educational nature; and
WHEREAS. the City and Foundation aaree that the Endowment funds shall be
solicited. received. controlled. invested and expended by the Foundation, in its
discretion. and the City has no expectation that such funds will be available for costs or
activities of the City. althouah the purpose of the Endowment will be aenerally to
support activities at the Center.
AGREEMENT
The parties to this Agreement, for and in consideration of the mutual efforts to
promote and support the development of the Center, agree as follows:
1. OPERATING PROCEDURES
A. The City Manager of the City of Virginia Beach (the "City Manager") shall
be the official responsible for the administration of this Agreement for the City,
B, An Executive Director shall be selected by the City Manager, upon
consultation with the Foundation, and employed by the City. The Executive Director
shall oversee the day-to-day operations of the Foundation and shall assist the
Foundation in planning and implementing its fundraising activities. The Executive
Director shall receive no remuneration from the Foundation and shall have no voting
rights with respect to Foundation business or affairs.
C. The City shall employ a Fundraiser Campaign Coordinator to work with
the Foundation to develop and coordinate all aspects of the GCapital camp::lign
Fundraising Campaiqn. Specifically, the Fundraisina Campaign Coordinator shall work
in collaboration with the Foundation on public relations and marketing strategies, shall
plan and implement campaign, donor cultivation, and other special events, and shall
provide professional administrative services to the Foundation. The Fundraisina
Campaign Coordinator shall report to the Executive Director.
Page 2 of 5
D. For the Fundraisinq Campaiqn, and whenever mutually aqreed upon
thereafter, +!he City and the Foundation may engage in joint promotional efforts,
including marketing and the solicitation of funding through grants. However, no City
employee shall actively solicit any donations on behalf of the Foundation unless the City
Manager specifically approves such activity.
Any funds or grants received by the City shall not be appropriated to the
Foundation unless so directed by the City Council pursuant to an ordinance adopted by
City Council. Any funds or grants received by or awarded or donated to the Foundation
shall be accounted for in the Foundation's records and disbursed in accordance with the
donor's or grantor's instructions.
E. The Foundation may continue its fundraisino activities in support of the".
Center by establishing an on-ooino Endowment for the purpose of promotino and
supportino activities at the Center. consistent with the Foundation's by-laws. Any and all
funds received by the Foundation for the Endowment shall be the responsibility of the
Foundation and shall be within the exclusive control of the Foundation. The City
acknowledoes that the Foundation has no oblioation to appropriate any Endowment
funds to the City.
e.:.F. In the event the Foundation dissolves, becomes inactive, or discontinues+'
its active support of the Center, all monies pledged or dedicated to the Center for afl1'
cxicting the Fundraising Campaiqnprojcot shall become property of the City, and shall
only be used by the City for the purpose for which they were pledged or dedicated,
~G. The City and the Foundation acknowledge and agree that all Foundation"-
correspondence, financial records and all Foundation documents shall be kept separate
and apart from all City records,
G:.H. In return for the Foundation's in-kind contributions and services to the"-
Center, and in furtherance of the Foundation's goal of supporting the Center through
advocacy and fundraising, the City will, at its expense: (i) employ a Fundraising
Campaign Coordinator, for the Fundraisino Campaion, as described above; (ii) provide
for the supervision of the Fundraisino Campaign Coordinator, by the Executive Director,
and supervise the quality, accuracy, and timeliness of campaign correspondences,
proposals and other materials; (iii) make available office space to house and equip the
Foundation's administrative and personnel needs; (iv) provide the Foundation with a
facsimile machine, computer hardware and software, copying equipment, and dedicated
telephone lines to implement and facilitate the responsibilities of the Foundation; (v)
supply additional City personnel, as necessary, to provide informational support and to
keep the Foundation abreast of the construction progress and of programming
developments related to the Center; and (vi) permit access to City facilities for
Page 3 of 5
fundraising activities and for other private functions which generate revenue for the
Center, subject to the prior approval of the City Manager or his designee.
I. The Foundation acknowledaes that all financial obliaations of the City are
subiect to annual appropriation by the City Council.
2. INSURANCE
The Foundation shall provide to the City's Risk Management Administrator
evidence of liability insurance coverage for the Foundation and its employees and
Board Members. All policies of insurance required herein shall be written by insurance
companies licensed to conduct the business of insurance in Virginia and shall carry the
provision that the insurance will not be cancelled or materially modified without thirty
(30) day prior written notice to the City.
3. RECORD KEEPING
A. The Foundation shall provide annually to the City an audited financial
statement. The audit shall be made in accordance with generally accepted auditing
principles by an independent certified public accountant covering all Fundraisina
Campaian monies which are the subject of this Agreement. The statement will be
provided on or before June 30 of each year during this Agreement but shall not include
any information regarding individual Foundation donors.
B. The Foundation shall provide the City with an updated copy of its articles,
bylaws and officers and directors, The Foundation shall also provide the City with a
copy of its IRS Form 990 (Return of Organization Exempt from Income Tax) without
accompanying documentation providing information concerning any specific Foundation
donor.
4. INDEPENDENT CONTRACTORS
In the performance of this Agreement, both the City and the Foundation will be
acting in an individual capacity and not as agents, employees, partners or joint
venturers or associates of one another. The agents or employees of the one shall not
be construed to be the agents or employees of the other. City employees shall remain
employees of the City notwithstanding the fact that they may assist the Foundation.
Neither the City nor its agents, volunteers, servants, employees or officials shall
be responsible or liable for any claim or suit arising from contracts, agreements,
understandings or arrangements made by the Foundation with any person or entity
covering services or good procured by the Foundation, or for the negligent or willful acts
of the Foundation.
Page 4 of 5
5. TERM
The term of this Agreement shall be for ten (10) years from the date of execution,
Thereafter, the Agreement may be renewed for an additional five-year term with the
consent of the City Manager.
6. AMENDMENTS OR MODIFICATIONS
The City or the Foundation may amend or modify this Agreement upon mutual
agreement. Such amendment(s) or modification(s) shall be in writing and executed by
the authorized representatives of the City and the Foundation.
7. TERMIN:'\TION
The City or the Foundation may terminate this I\gr~ement at any time upon
gi'Jing thirty (30) days written notice to the other party. Each party shall continue to fulfill
all of its obligations under the Agreement during the said thirty (30) day period.
gz. NOTICES
Any notice or notices required or permitted pursuant to this Agreement shall be
given by certified mail, postage prepaid, return receipt requested as follows:
To the City:
James Spore
City Manager
City of Virginia Beach
2401 Courthouse Drive, Room 234
Virginia Beach, VA 23456
To the Foundation: Linwood Branch, III
President, Virginia Beach Performing Arts
Center Foundation, Inc.
Days Inn at the Beach
1000 Atlantic Avenue
Virginia Beach, VA 23451
9!!, ENTIRE AGREEMENT
The parties agree that this writing constitutes the entire agreement of the parties
and that there may be no modification of this Agreement, except in writing, executed by
the authorized representatives of the City and the Foundation.
Page 5 of 5
As evidence of their agreement to the terms and conditions set forth herein, the
parties affixed their authorized signatures hereto:
VIRGINIA BEACH PERFORMING
ARTS CENTER FOUNA TION, INC.
By:
Title:
CITY OF VIRGINIA BEACH
By:
City Manager / Authorized Designee
Approved as to Legal Sufficiency:
Approved as to Content:
City Attorney's Office
Office of Cultural Affairs
Approved as to Legal Sufficiency:
Approved as to Risk Management:
Foundation Counsel
Risk Manager
Page 6 of 5
-
~
9~
ill~ E
! I :;1
I !! ~a II
;u I!I
I ~ I" hI
6 I..I!
!u
..~
,
~
----------- .
J/' ,:
.,...." ' //
---....-~,.,''''''.
..,...,,,...-
//,.,
/
E
.
E
""..........,
,......'_..~..
,..,. '.. '
~,....-.-,...,
,."
//.....,
~ )
~
~
.
/1
.. ,
/(Ii:>J
"./<
Ee
.
~
)~
/
/
/
/ /
/ /
/
/
/
/ /
/ /
/ /
/ /
<UIIOr:6 '7OOl: 'zz.f!nr ~'U. -- 6Mp'_ _uu.f7l_ -- _IOy.xU/ll'ISc"aHdlt8I:..\
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution authorizing and directing the City Manager to initiate a process
to receive bids for the lease of the Lynnhaven City Marina
MEETING DATE: July 10, 2007
. Background: The Department of Parks and Recreation would like to pursue
leasing the City Marina for private operation and improvements. The property is owned
by the City but subject to a Cooperative Agreement with the Army Corps of Engineers.
The Cooperative Agreement prohibits sale of the property and requires 400 linear feet
of berthing space for commercial use and 300 linear feet of berthing space for
recreational boating use. The City Marina is uniquely located in an area identified for
potential improvements as referenced in the Shore Drive Advisory Urban Land Institute
Report, Shore Drive Corridor Report and the City Comprehensive Plan.
. Considerations: The City Marina is a well used public facility with 50 slips, 87
parking spaces and a small (1,625 square feet) office building. A lease agreement is
permitted though a public process following Virginia Code which allows for a bid
process to lease municipal property.
. Public Information: Public information will be provided to civic and community
associations prior to the advertisement for a lease of the Marina. In addition, the bid
and lease process require public advertisement and public announcements regarding
the bid and lease agreement.
. Alternatives: Continue to operate the City Marina by City staff and resources.
. Recommendations: Authorize the City Manager to proceed with the lease
process.
. Attachments: Aerial Photograph and Area Map
Recommended Action: Approval
Submitting Department/Agency: Department of Parks and Recreation ~
k,~~
City Marina Aerial Photograph
1 A RESOLUTION AUTHORIZING AND DIRECTING
2 THE CITY MANAGER TO INITIATE A PROCESS TO
3 RECEIVE BIDS FOR THE LEASE OF THE
4 L YNNHAVEN CITY MARINA
5 WHEREAS, pursuant to a 1965 agreement with the Army Corps of Engineers for
6 the dredge of the Lynnhaven Inlet, the City of Virginia Beach agreed to acquire land and
7 construct and maintain a Marina near the inlet for public use; and
8 WHEREAS, in furtherance of the agreement, the City acquired the necessary
9 land and constructed the Lynnhaven City Marina, which the City has operated since
10 1969; and
11 WHEREAS, upon the staff recommendation, the City Council believes it may be
12 in the best interests of the City to lease the facility to a private operator with the
13 requirement that the facility maintain open to the general public and meet all
14 requirements of the agreement with the Army Corp of Engineers; and
15 WHEREAS, the City Council recognizes the close proximity of the facility to
16 residential as well as commercial uses and directs the staff to consider compatibility of
17 any lease proposed to the surrounding uses; and
18 WHEREAS, the City Council also has been informed and believes that the
19 marina facility can be significantly enhanced by a private operator and that opportunities
20 also exist to enhance service to the public as well as compatibility with surrounding
21 uses;
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
23 OF VIRGINIA BEACH:
24 That the City Manager is hereby authorized and directed to initiate a process to
25 receive bids for the lease of the Lynnhaven City Marina, pursuant to state law, for the
26 purposes of enhancing the physical features of the Marina, improving services to the
27 public, maintaining and enhancing compatibility with surrounding uses and the City's
28 comprehensive plan for the Lynnhaven River Basin, decreasing city costs for
29 maintenance, and receiving lease revenues.
30 Adopted by the City Council of the City of Virginia Beach, Virginia, on this _
31 day of ,2007.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
CA10447
R-6
June 29,2007
c~~
- 21 -
Item V.I. I.
RESOLUTION/ORDINANCES
ITEM #55723
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council ADOPTED, AS
REVISED:
A Resolution to ESTABLISH an EMPLOYEE BENEFITS REVIEW
TASK FORCE to serve in an advisory capacity to City Council
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron
A. Villanueva, James L. Wood and Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
October 24, 2006
- 26-
Item V.X 2.
RESOLUTIONS/ORDINANCES
ITEM #56017
Upon motion by Councilman Uhrin. seconded by Councilman Dyer, City Council ADOPTED:
Resolution to AMEND the duties of the Employee Benefits
Review Task Force
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph. Harry E, Diezel. Robert M Dyer. Barbara M
Henley, Vice Mayor Louis R Jones. Reba S. McClanan. John E. Uhrin. Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
January 23, 2007
~~8E';;'"
,@~G..r .'J~;J~,
,(&.::".'*..~)
~~:tr~fJJ
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution to Consider the Recommendations of the Employee Benefits
Review Task Force
MEETING DATE: July 10, 2007
. Background:
The City Council created the Employee Benefits Review Task Force (Task Force), on October
24, 2006. It is tasked with analyzing employee benefits and alternative benefit options,
comparing these benefits with those provided by other governmental entities and private
businesses, and preparing recommendations. On January 23, 2007, City Council amended the
duties of the task force to include review and recommendations regarding current and future
retiree benefits and the overall sustainability of retiree health benefits.
The Task Force has focused primarily on Retiree Health Care since it began meeting in January
2007. This initial work focus is due to the increasing cost of health care, the Government
Accounting and Standards Board (GASB 45) requirement that the City begin reporting any
unfunded liability for retiree health care on its annual financial statement effective June 30,
2008, and City Council's actions on December 12, 2006 and June 26, 2007 to suspend
proposed increases in retiree health care premiums until January 1, 2008 to enable City Council
to review the recommendations of the Task Force. On May 22,2007, the Task Force presented
initial recommendations to the City Council. Since that date, the Task Force adopted additional
recommendations which have been forwarded to the staff committee working to establish the
plan design and premium rates effective January 1, 2008.
. Considerations:
City Council recognizes the increasing cost of employee benefits and that these benefits
comprise a significant portion of the operating budget. It is City Council's desire to balance the
City's need to attract and retain high-quality employees with the community's ability to support
the cost of benefits to both employees and retirees.
There are two sets of recommendations from the Task Force with the financial impact provided
by Mercer. The first group addresses the retiree health care liability and cost sharing. The five
recommendations are summarized as follows:
1. Reduce the retiree health care liability and fund the Annual Required Contribution
(ARC) prior to June 30, 2008.
2. Preserve access to health care coverage for employees who have retired or will
retire under VRS with 25 or more years of City service or 5 or more years of service
with a work-related disability. Restore to retirees the choice of plans offered to
active employees as well as any plan specifically designed for retirees. (The
coverage for retirees may change annually as employee coverage changes.)
Employee must be enrolled in the City's health plan at the time of retirement in order
to be eligible for retiree coverage.
3. Provide access to health care coverage for employees who retire under VRS with
ten or more years of City service. (This increases from five years, which is the
service requirement to be vested in VRS, to ten years of City service required to be
eligible to continue coverage on the City's health plan as a retiree.) Provide a
graduated subsidy, based on years of service, which is not more than 50% in the
aggregate of the implicit subsidy that is provided to current retirees, those who
retired or will retire prior to January 2, 2007. Employee must be enrolled in the
City's health plan at the time of retirement in order to be eligible for retiree coverage.
4. Provide access to coverage for dependents of employees who retire after January
1, 2008 and require the retiree to pay the full cost of the dependent coverage. (Only
dependents covered by an the employee at the time of retirement may continue in
the health plan once the employee retires, with the exception of limited qualified life
events after retirement.) Reduce over time the Implicit Subsidy provided to
dependents of current retirees, those who retired or will retire prior to January 2,
2007.
5. Require all subscribers to pay a percentage of the premium rate. Set the
percentage at 5% initially for the subscriber only premium rate with incremental
increases over time.
The financial impacts of the five recommendations are:
Reduction to City's Annual Health Care Contribution
Reduction to City's Annual Required Contribution (ARC)
Reduction to City's Actuarial Liability
$ 1.6 million
$ 1.8 million
$13.3 million
The second group of recommendations addresses the richness of the City's health plan, The
six recommendations include extending coinsurance to other services, reducing the age limit for
dependent children and increasing the out-of-pocket maximum. Attention was also directed
toward several benefit riders.
The financial impacts of the six recommendations are:
Reduction to City's Annual Health Care Plan Cost
Reduction to City's Annual Required Contribution (ARC)
Reduction to City's Actuarial Liability
$ 3,5 million
$ 0.4 million
$ 3.1 million
The cumulative financial impact of all Task Force recommendations to date is:
Reduction to City's Annual Health Care Plan Cost
$ 5.1 million
Reduction to City's Annual Required Contribution (ARC)
$ 2.2 million
Reduction to City's Actuarial Liability
$16.4 million
The Task Force strongly recommends that the $1.6 million reduction in the City's annual health
care contribution (resulting from the first group of recommendations) be directed toward funding
the Annual Required Contribution (ARC).
Note: The financial impacts above are City only. The financial impacts for VBCPS will be
provided for the July 10,2007 meeting.
. Public Information:
The Task Force posts meeting notes and recommendations on VBgov.com and the site offers a
public input option. Public comment on these recommendations will be received in concert with
consideration of this item during the formal session of the Council July 10, 2007 meeting and
notice will be provided through the normal agenda process.
· Attachments: Resolution and Recommendations from Employee Benefits Review
Task Force
Recommended Action: Approval
Submitting Department/Agency: Council Members Bill DeSteph and Harry Diezel
Requested by Council members DeSteph and Diezel
1 A RESOLUTION TO CONSIDER THE
2 RECOMMENDATIONS OF THE EMPLOYEE
3 BENEFITS REVIEW TASK FORCE AND
4 EXTEND ITS TERM
5
6 WHEREAS, on October 24, 2006, City Council established the Employee
7 Benefits Review Task Force ("Task Force"); and
8
9 WHEREAS, the Task Force's duties include reviewing the package of employee
10 and retiree benefits provided by the City and identifying alternative benefit options and
11 approaches in order to balance the community's need to attract and retain a highly
12 professional and competent work force with the community's ability to financially support
13 the cost of such benefits; and
14
15 WHEREAS, on May 22, 2007, the Task Force provided City Council with the
16 attached Task Force Recommendations regarding the City's healthcare plan; and
17
18 WEREAS, the Task Force also has provided additional recommendations, which
19 are attached; and
20
21 WHEREAS, the resolution that established the Task Force provided that the
22 Task Force shall sunset on February 1, 2007, unless specifically extended by City
23 Council; and
24
25 WHEREAS, the Task Force is continuing to review other aspects of employee
26 benefits.
27
28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA:
30
31 1, That City Council hereby receives for consideration the attached
32 recommendations of the Task Force.
33
34 2. That City Council hereby extends the term of the Task Force until the Task
35 Force has completed its work and presented its additional recommendations to City
36 Council.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2007.
day
Approved as to Legal Sufficiency:
~~
City Attorney's Offi~
CA10417 R6 June 29,2007
CITY OF VIRGINIA BEACH EMPLOYEE BENEFITS REVIEW TASK
FORCE EMPLOYEE HEALTH CARE BENEFIT RECOMMENDATIONS
The Virginia Beach City Council on October 24, 2006, established an Employee Benefits
Review Task Force to identify and examine alternative benefit options and compare the current
level and type of employee benefits to those offered by other governmental entities and by
private businesses, The Task Force was also directed to prepare a report to the City Manager and
the City Council and present a series of recommendations regarding the most appropriate
package of employee benefits.
The City Of Virginia Beach Group Medical Plan is provided to protect employees, retirees
and covered eligible dependants from catastrophic loss due to illness, injury or other
unexpected medical cost. Healthcare benefits are no longer considered an entitlement by
prevailing practice among employers, both public and private. Currently the City of Virginia
Beach has the highest total premium cost of any other Hampton Roads municipality, and
indeed, more than two of its largest employers, Northrop Grumman and Stihl. This also
means that the dollar amount of premium paid by employees for family coverage is the
highest.
The trend emerging today in providing group employee health benefits is called consumer-
directed, and usually includes a combination of higher up-front deductibles (in some cases, very
high) and copays, followed by a 10% to 30% co-insurance amount. This structure encourages
the employee to become more directly involved in how his/her health benefits are utilized. The
approach is proving very successful in helping to reduce utilization, and keeping claims cost
from rising as sharply as in traditional plans.
The City Of Virginia Beach Group Medical Plan offers a higher level of benefits than those
most prevalent in the private and public sectors, While it is desirable to offer a quality medical
plan in order to recruit and retain the highest qualified work force, it will do no good if neither
the City nor the employee can afford to pay the premiums. As Virginia Beach is one of the
largest group medical plans in the area, it should be a leader and innovator in providing benefits,
including the prudent management of the level and cost of benefits, Failure by Council and Staff
to begin making the transition to encourage better consumerism could lead to a future Council
having to take draconian measures to reduce the plan's costs,
The City of Virginia Beach Group Medical Plan currently includes several benefit riders
including those for hearing aids, infertility, dependant coverage to age 25, and morbid obesity
surgery, which are each very uncommon in both the private and public sector, The plan co-
payments are a little lower than average, but when paired with coverage at 100% after the co-
payment, the result is a very expensive benefit that does not provide incentive for plan
members to become better consumers of medical care, When covered members know that they
will pay a percentage of cost for procedures or tests, they are more likely to question the
provider about the necessity of the service or seek lower-cost alternatives.
The following recommendations are made with the understanding that not all may be
implemented in the first year. The recommended changes are not onerous, For example, the
change to maternity coverage means the total average out of pocket for a normal pre- and post-
natal care and delivery would increase from $340 to $540. Most plans offered in the private and
public sector would have the insured pay over $1,000 for the same level of services.
The City's current plan is one of the highest-cost plans in our region. The Task force
believes that implementing these changes will encourage better consumerism and help
reduce the plans premium cost for both the City and its employees.
RECOMMENDA TIONS
1 PCP office visit currently requires a $20 copay, then coverage at 100%; recommend
keeping the $20 copay, but changing coverage after the copay to 90%. This should NOT apply
to the current wellness benefits, which would continue at 100% after the $20 copay.
2 Specialist office visit currently requires a $40, than coverage at 100%; recommend
keeping the $40 copay, but changing coverage after the copay to 90%.
3 Dependant Children are currently covered until age 25 (if a full-time student);
recommend changing age limit on dependant children to 23 (if full-time student).
4 Maternity Care currently requires a $40 copay for confirmation of pregnancy, followed
by a $50 copay for remaining outpatient services, then coverage at 100%, The hospital
admission is covered at 100% after a $250 copay. Therefore, the entire pre- and post-natal
treatment and delivery would cost the employee $340, Recommend keeping the $40 copay for
confirmation of pregnancy followed by the $50 copay for remaining outpatient services, and
then coverage at 100%. Keep the $250 copay for inpatient hospital admission, but recommend
changing hospital coverage after the copay to 90%.
5 Inpatient Care currently requires a $250 copay, then coverage at 100%; recommend
keeping the $250 copay, but changing coverage after the copay to 90%.
6 Out-of pocket maximum is currently $1,500 per employee and $3,000 per family;
recommend changing to $2,500 per employee and $5,000 per family.
Reduction to City's Annual Health Care Plan Cost [1]
$3.5 million
Reduction to City's Annual Required Contribution (ARC) [2]
Reduction to City's Actuarial liability [2]
$0.4 million
$3.1 million
[1]: Assuming no reduction in the employee premium cost, an additional $3.5 million would be available to fund the
ARC
[2]: Estimated impact based on GASB "funded" status from the Mercer October 2006 Valuation performed with data
through June 2006.
City of Virginia Beach
Employee Benefits Review Task Force
Retiree Heah "'care Plan
Task Force Recommendations
May 22, 2007
1. Take steps to reduce the unfunded retiree healthcare liability and, to the extent practical,
fund the Annual Required Contribution as determined by the plan actuaries, Prior to
June 30, 2008
2. Provide existing and future retirees with 25 or more years of service and those who
retired or retire on a work-related disability with 5 or more years of service access to the
health insurance plans offered to active employees and any additional plans specifically
designed for retirees. In order to consistently provide retirees with coverage comparable
to the coverage provided to active employees, the coverage for persons who retire or
have retired with 25 or more years of service or on a work-related disability with 5 or
more years of service may change annually as the coverage provided to active
employees changes. In order to qualify for retiree health care benefits the retiring
employee must be enrolled in a city-sponsored health care program at the time of
retirement. Effective January 1, 2008
3. Provide employees who retire under VRS guidelines with 10 or more years of cumulative
service with. the City of Virginia Beach access to City retiree healthcare plans, Provide a
graduated subsidy (based on service) that in aggregate provides no more than 50% of
the Implicit Subsidy that the City currently provides to these retirees. In order to qualify
for retiree health care benefits the retiring employee must be enrolled in a city-sponsored
health care program at the time of retirement. Effective January 1, 2008
Reduction to City's Annual Health Care Contribution [1]
$0,3 million
Reduction to City's Annual Required Contribution (ARC) [2J
Reduction to City's Actuarial Liability [2]
$0.5 million
$3.7 million
4. Provide access to coverage for dependents of persons who retire after January 1, 2008
with the retiree paying the full actuarial cost of the coverage for such dependents (Le.,
without the Implicit Subsidy). Only dependents of a City employee who are covered on a
City-sponsored health insurance plan at the time of the City employee's retirement may
participate as dependents in a City-sponsored health insurance plan once the employee
retires. No dependents shall be added after the date of retirement, with a possible
exception for limited qualified life events (such as marriage, birth, and adoption). Retiree
dependents currently enrolled in the program may continue to participate; however, no
dependents shall be added by current retirees on or after January 1, 2008, with a
possible exception for limited qualified life events (such as marriage, birth and adoption).
The City should consider reducing over time the Implicit Subsidy provided to the
dependents of current retirees. Effective January 2, 2008
Reduction to City's Annual Health Care Contribution [1]
Reduction to City's Annual Required Contribution (ARC) [2J
Reduction to City's Actuarial Liability [2]
$0.5 million
$1.1 million
$7.8 million
5. Require all single-subscriber retirees and employees to pay a percentage of the annual
healthcare premium in order to receive health coverage. This will eliminate the provision
of free health care to single subscribers. Initially, all single-subscribers should pay 5% of
their annual health care premium, and City Council should consider incremental
percentage increases to help cover rising costs. Effective January 1, 2008
Reduction to City's Annual Health Care Contribution [1]
Reduction to City's Annual Required Contribution (ARC) [2]
Reduction to City's Actuarial Liability [2]
Cumulative Savinas:
Reduction to City's Annual Health Care Contribution [1]
Reduction to City's Annual Required Contribution (ARC) [2]
Reduction to City's Actuarial Liability [2]
$0.8 million
$0.2 million
$1.8 million
$ 1.6 million
$ 1.8 million
$13.3 million
[1]: Reduces City's annual health care contribution since enrollees are paying greater premium cost.
[2]: Estimated impact based on GASB "funded" status from the Mercer October 2006 Valuation performed with data
through June 2006.
4Bs:"'~
;J~G~u. "~~:72;,
t::~ .~ .~?rl)
~si E~~
\~:~~,. .. ~ijJ
~::::.::'a~~~~:/
........v~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A Resolution Establishing the Transportation Authority Committee
MEETING DATE: July 10, 2007
. Background: Earlier this year, the General Assembly enacted the Hampton
Roads Transportation Authority Act ("the Act"), which created the Hampton Roads
Transportation Authority ("the Authority") as a political subdivision of the Commonwealth
of Virginia embracing the cities of Virginia Beach, Chesapeake, Hampton, Newport
News, Norfolk, Poquoson, Portsmouth, Suffolk, and Williamsburg and the counties of
Isle of Wight, James City and York. The Act empowers the Authority to impose or
assess certain specified fees and taxes, but only if at least seven of the twelve
governing bodies of the Authority localities that include at least 51 % of the population of
the Authority localities adopt a resolution stating their approval of the Authority's power
to impose or assess the fees and taxes, Eight localities, including Virginia Beach, have
adopted such a resolution, and because those localities include more than 51 % of the
population of the Authority localities, the imposition or assessment of the fees and taxes
has been authorized.
. Considerations: The complexity and uniqueness of the Act suggest that there
would be a public benefit to regular and systematic review of the Act's provisions as it is
implemented, for the purpose of determining whether refinements are necessary or
appropriate in order to fulfill the intent of the General Assembly and to assure the
anticipated transportation benefits to the citizens of the City of Virginia Beach and the
other jurisdictions in Hampton Roads, This resolution will establish a nine-member
Transportation Authority Committee to advise City Council on the Act's implementation,
. Public Information: This resolution will be advertised in the same manner as all
other agenda items.
. Attachments: Resolution,
1 A RESOLUTION ESTABLISHING THE
2 TRANSPORTATION AUTHORITY COMMITTEE
3
4 WHEREAS, earlier this year, the General Assembly enacted the Hampton Roads
5 Transportation Authority Act ("the Act"), which creates the Hampton Roads
6 Transportation Authority ("the Authority") as a political subdivision of the Commonwealth
7 of Virginia embracing the cities of Virginia Beach, Chesapeake, Hampton, Newport
8 News, Norfolk, Poquoson, Portsmouth, Suffolk, and Williamsburg and the counties of
9 Isle of Wight, James City and York; and
10
11 WHEREAS, the Act empowers the Authority, among other things, to impose or
12 assess certain specified fees and taxes, including a gasoline sales tax, a real property
13 conveyance grantor's tax, a vehicle rental tax, a vehicle safety inspection fee, an initial
14 vehicle registration fee, a sales tax on auto repair labor, and an annual vehicle
15 registration fee in all the cities and counties embraced by the Authority; and
16
17 WHEREAS, the Act provides that the fees and taxes authorized by the Act shall
18 only be imposed or assessed by the Authority if at least seven of the twelve governing
19 bodies of the cities and counties embraced by the Authority that include at least fifty-one
20 percent (51 %) of the population of the cities and counties embraced by the Authority
21 adopt a resolution stating their approval of the Authority's power to impose or assess
22 the fees and taxes; and
23
24 WHEREAS, on May 8,2007, City Council adopted such a resolution; and
25
26 WHEREAS, the cities of Chesapeake, Newport News, Norfolk, Portsmouth,
27 Suffolk, and Williamsburg, and the counties of Isle of Wight and James City also have
28 adopted such a resolution, thereby authorizing the imposition or assessment of the fees
29 and taxes; and
30
31 WHEREAS, the recency, complexity and uniqueness of the Act suggest that
32 there would be a public benefit to regular and systematic review of the Act's provisions
33 as it is implemented, for the purpose of determining whether refinements are necessary
34 or appropriate in order to fulfill the intent of the General Assembly and to assure the
35 anticipated transportation benefits to the citizens of the City of Virginia Beach and the
36 other jurisdictions in Hampton Roads; and
37
38 WHEREAS, it is the sense of the City Council that such a review process should
39 be performed by City and State legislators working closely with citizens, in order that a
40 diversity of viewpoints is fully expressed and considered;
41
42 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
43 VIRGINIA BEACH, VIRGINIA:r44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
1, That the City Council hereby establishes a Transportation Authority
Committee (the "Committee");
2. That the members of the Committee shall be comprised of nine members,
all of whom shall be appointed by the City Council, to include two members of City
Council, two members of Virginia Beach's General Assembly delegation, and five
citizens not serving as elected officials of state or local government;
3, That the Committee shall serve in an advisory capacity to the City Council;
4. That the Committee shall:
a. review the Act, including the functions of the Authority and the
taxes and fees authorized by the legislation, to determine whether
refinements are necessary or appropriate in order to fulfill the intent
of the General Assembly and to assure the anticipated
transportation benefits to the citizens and businesses of the City of
Virginia Beach and the other jurisdictions in Hampton Roads;
b, prepare a report to the City Council setting forth the Committee's
analysis and its suggested modifications or refinements to the Act
for consideration and possible submission by the City Council to the
Authority and inclusion in the City's Community Legislative Agenda
for the 2008 Session of the General Assembly,
5, That the City Manager shall provide necessary staff support to assist the
Committee in the performance of its duties;
6, That the Committee shall report its recommendations to the City Council
no later than September 25,2007.
7, Upon receipt of the Committee's report the City Council may approve any
or all of the Committee's recommendations, and may further request the Committee to
contact representatives of other area localities and members of the General Assembly
to obtain support for potential legislative changes.
8. That the Committee shall sunset following the conclusion of the 2008
session of the General Assembly, unless specifically extended by City Council.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2007.
day
Approved as to Legal Sufficiency:
Approved as to Legal Sufficiency:
R~~
City Attorney's Office
CA 10395
June 29, 2007
R-6
L. PLANNING
1. Variance to S4.4(d) of the Subdivision Ordinance that requires all newly created lots meet
the requirements of the City Zoning Ordinance (CZO) as related to lot width for V AN
GIANG at 972 Whitehurst Landing Road re the creation of a flag lot designed for a
single-family dwelling.
DISTRICT 2 - KEMPSVILLE
RECOMMENDA nON
APPROV AL
2, Application of CAVALIER GOLF & YACHT CLUB for a Conditional Use Permit re
a golf club agronomy facility at Kamichi Court.
DISTRICT 5 - L YNNHA VEN
DEFERRED
RECOMMENDATION
June 26, 2007
APPROV AL
3. Application ofB'NAI ISRAEL for a Conditional Use Permit (approved by City Council
on May 29, 1990, and superseded for a church on March 2,2005) at 620 Baker Road re a
commercial recreation facility (bingo hall).
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
4, Application of SHORE DRIVE P ARASAILING, INC., for a Conditional Use Permit at
3311 Shore Drive re an outdoor recreational facility (parasailing).
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROVAL
5. Applications at 1763 Princess Anne Road:
DISTRICT 7 - PRINCESS ANNE
a. HAC PROPERTIES for a Modification of Proffer No 3 to allow low speed motor
vehicle sales, and future retail establishments, laboratories for the production and
repair of eye glasses, hearing aids and prosthetic devices (approved on June 22, 2004)
b. NORMA DIANE PAYNE HEWIT t/a ARGO OF TIDEWATER for a
Conditional Use Permit re sale of low speed vehicles
DEFERRED
PLANNING COMMISSION ECOMMENDA TION
STAFF RECOMMENDATION
June 26, 2007
APPROV AL
INDEFINITE DEFERRAL
6. Application of BROWN BUILDING CORPORATION for a Modification of Proffers
for a conditional rezoning request (approved by City Council on July 13, 1993, and
modified on June 13,2000, November 14,2000, and February 11,2003) at 4847 Dolton
Drive to allow a childcare facility.
DISTRICT 2 - KEMPSVILLE
RECOMMENDA nON
APPROVAL
7. Application of AGC ACQUISITION, L.L.C. for a Chanfle of Zoning District
Classification from AG-2 Agricultural District to Conditional B-4 Mixed Use District at
1291 Nimmo Parkway re a retail building and 99 multi-family dwellings.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
NOTICE OF PUBLIC HEARING
The regular meeting of the City Council of the City of Virginia Beach will be held
in the Council Chamber of the City Hall Building, Municipal Center, Virginia
Beach, Virginia, on Tuesday, July 10, 2007 at 6:00 .p.m., at
which time the following applications Will be heard:
DISTRICT 7 . PRINCESS ANNE
AGC Acquisition. L.L.C. Application: Change of Zoning. District
Classification from AG-2 Agricultural to Conditional B-4 Mixed Use at 1291
Nimmo Parkway (GPIN 2414161683). The Comprehensive Plan recommends
use of this site for neighborhood office and single-family residential uses. The.
purpose of this rezoning is to develop a strip retail center and multi-family
dwellings. AICUZ is 65 to 70 dB Ldn.
DISTRICT 2 . KEMPSVILLE
Brown Building Corporation Application: Modification of Proffers for a
request approved by City Council on July 13, 1993 and modified on June 13,
2000, November 14, 2000 and February 11,2003 at 4847 Dolton Drive (GPIN
1477205567}.
Appeal to DeciSions of Administrative Officers in regard to certain elements of
the Subdivision Ordinance. Subdivision for Van Giang, at 972 Whitehurst
Landing Road (GPIN 1466331306}. AICUZ is Less Than 65.
B'Nai Israel Application: Conditional Use Permit for a commercia!
recceation facility (bingo hall} at 620 Baker Road (GPIN 1468218226). AICUZ i~
Less than 65 dB Ldn.
I).STRICT 5 - LYNNHAVEN
Sh0re Drive Parasailing. Inc. A.pplication: Conditional Use Permit for a
recreational facility of an outdoor nature (parasailing) at 3311 Shore Drive
\GPINs 1489884455; -4670; ,5516; -5487; -6304; -3682; -4699), AICUZ is
Less Than 65.
All intemsted citizens are invited to attend.
/) / '
(~~~~
/
Ruth Ho<iges Fraser, ~,:lMC
City Ci~rk
Copies of the proposed ordinances, resolutions and amendments are
on file and may be examined in the Department of Planning or online
at .lJtt..p;Llwww.vbgov.com/pe For information call 385-4621.
If you are physically disabled or Visually impaired and need
assistance at this meeting, please call the CITY CLERK'S OFFICE
at 385-4303.
Beason June 24 & July 1, 2007
~. 72W224 .
.Hap (;,-9
'..~.. ./: ..... -"_r
,,:~~\'~~~3~~
\(~r~~
~,.,....,OJ
~~~i~2::;~J
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Van Giang. Property is
located at 972 Whitehurst Landing Road (GPIN 1466331306). DISTRICT 2-
KEMPSVILLE
MEETING DATE: July 10, 2007
. Background:
The existing lot is a 52,012 square foot (SF) parcel, zoned R-7.5 Residential,
purchased by the applicant in 2005. The lot is a flag-lot and is connected to
Whitehurst Landing by a ten-foot wide stem, The parcel was created by deed in
1962 as part of a five-lot subdivision of the John W, Smith Estate (0,8. 733, PG.
529), The subject parcel is a part of what was designated as Parcel '0' in the
1962 subdivision. Additional subdivisions by deed, eventually resulting in the
formation of the subject parcel, occurred in 1970 and 1978. The subject parcel
has never been reviewed and recorded under the provisions of the Subdivision
Ordinance. It is now the applicant's desire to demolish the existing house and to
construct a new house in its place, To do that, however, the subject parcel must
be recorded as a legal lot.
. Considerations:
It is the intent of the applicant to record this deeded lot as a legal lot meeting the
requirements of the Subdivision Ordinance, The lot possesses more than the
7,500 square feet of lot area required for the R-7,5 Residential District; however,
it does not possess the lot width required for this district. A variance to the
Subdivision Ordinance is necessary. The variance to lot width will allow the
applicant to record as a legal parcel an existing lot initially created by deed in
1962.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Van Giang
Page 2 of 2
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Plauuiug Departmen+--
City Manager: ~k. ~~
Staff Planner: Stephen J. White
VAN GIANG
Agenda Item 7
June 13, 2007 Public Hearing
REQUEST:
Subdivision Variance to Section 4.4(b) of the
Subdivision Ordinance that requires all newly
created lots meet all the requirements of the City
Zoning Ordinance,
ADDRESS I DESCRIPTION: 972 Whitehurst Landing Road
GPIN:
14663313060000
COUNCIL ELECTION DISTRICT:
2 - KEMPSVILLE
SITE SIZE:
52,012 square feet
Existing Lot: The existing lot is a 52,012 square foot (SF)
parcel, zoned R-7.5 Residential, purchased by the applicant in
2005. The lot is a flag-lot and is connected to Whitehurst Landing by a ten-foot wide stem. The parcel was
created by deed in 1962 as part of a five-lot subdivision of the John W. Smith Estate (D.S. 733, PG. 529).
The subject parcel is a part of what was designated as Parcel'D' in the 1962 subdivision. Additional
subdivisions by deed, eventually resulting in the formation of the subject parcel, occurred in 1970 and
1978. The subject parcel has never been reviewed and recorded under the provisions of the Subdivision
Ordinance.
SUMMARY OF REQUEST
Originally, the applicant's intent was to access the lot from what is now S. Sunland Drive, located north of
the lot, construct a cul-de-sac, and subdivide the parcel into four (4) lots meeting the requirements of the
R-7.5 Residential District. S. Sunland Drive was originally named Solar Drive when the Haven Heights
neighborhood was platted and recorded, and upon additional research, it was discovered that Solar Drive
(now S. Sunland Drive), between the applicant's parcel and Gale Drive, had been closed by the City
Council in June 1964. The subject lot, therefore, only has access to a public right-of-way from Whitehurst
Landing Road by way of the ten-foot wide stem.
It is now the applicant's desire to demolish the existing house and to construct a new house in its place.
To do that, however, the subject parcel must be recorded as a legal lot.
Proposed Lots: It is the intent of the applicant to record this deeded lot as a legal lot meeting the
requirements of the Subdivision Ordinance. The lot possesses more than the 7,500 square feet of lot area
VAN GIANG
Agenda Item 7
Page 1
required for the R-7.5 Residential District; however, it does not possess the lot width required for this
district. A variance to the Subdivision Ordinance is necessary.
Item Lm
Lot Width in feet 75 10.81 *
Lot Area in square feet 7,500 52,012
*Variance required
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: single-family dwelling.
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
· Single-family Dwellings / R-1 0 Residential
· Single-family Dwellings / R-7.5 Residential
· Single-family Dwellings / R-7.5 Residential
· Single-family Dwellings / R-7.5 Residential
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no known significant natural resource or cultural features on
this site.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
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.
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.
VAN GIANG
Agenda Item 7
Page 2
EVALUATION AND RECOMMENDATION
Staff recommends approval of this request. The variance to lot width will allow the applicant to record as a
legal parcel an existing lot initially created by deed in 1962. It is the intent of the applicant to demolish the
existing house and construct a new one; however, it is necessary that the parcel on which the house is
constructed be a legally-recorded parcel consistent with the existing Subdivision Ordinance.
VAN GIANG
Agenda Item 7
Page 3
AERIAL OF SITE LOCATION
VAN GIANG
Agenda Item 7
Page 4
r- THIS 13 TO cs~nrr 'rH.\T f. O~'; ~ /c. . -; ~;'"~,rV1\n\EDTHiPRopiRT/'S1o~f;{'i
, HEREON,. J..'m 'I'MA':' THE TITl..E LINES ,I\.~D PHYSICAL, Il.dp?OYEMEl'r1'~ ARt AS SHO,,"!-; ~.
i ~~N. ~ ,u.u>1l0VE~:.NTS STAnD STRICTLY ~ml~!5' THE "i'fY IJ~ES AND THERE I
I An NQ El'iCROACH).I.ENTS OR,,<?ViSIBLE E.ASEM~NTS 1',r.CE?T AS ",1011'... '
, SIGNED: ~a>-7;:TG::""",..:..-"
l>I(lrr~ 1Mt PIlOPU!l'Y SliOv.l-l HEREOtl APPI:AfI.<C UE 'Ii 'x' fLOOO ZOi'll: (MEA OETEI!\l!N~tl
TO BE.OVTSlot SOQ-'1'tAA F1..000PWN) ^:,CoROtN~ TO I'.E,I.I.f. MiV' FAXEL ~O.
aI5S~1.00~t. R(~SlJ) ol:e. 5, \190.
", H~VEN He:1G~TS j' cr J,
~n~ECTION :.: ' , 5~ i r ~....
-__" S 7"'Os'ona - i 8 ~ Y '.
-,.-' '"" t. l"~~l" v. <. ,,"'Z" 1,;;"'" .
l1'(1') I . ._.;:::-:;;: ,---..,....:;.~.'" ,,_ /' i .,.If" S ,.,<;,1 ".' "t-
.'! A --.U' <;.l.. j ~ '-..,1_._,,_ ~T7""::""--~(i"C2-'-
un< -Y'~ ...... ,'-"'X' I,," .. -......."r r- ~ :'7:':",: '~,' ".'" '
1 - - - - ...... I ;,:p{r) l OJ, 00 -
,-_... ....., f'Re.\I.r t",...b~r<t& ~#"_=--._---_ ~
It,.... ...... -J ~"Y"'Vw..' -,..."...-....:.= ,~(n
i L r; f',..",~ :,.'
,/ . ~ I nx: In
l! . J---::1""" J i S
I ",I . _ _ Stt !ilSE.!.1 ~T. lOa.... , ~
1~1 ..::1: r - I ,[....
I 71:i' ! i PART OF' , J
I I '-' I J
lL' ' ,I, Pi\RCE1.'D" l!f:
.1. 1aJ>! " .-:s.:l'~:" /1 ',;'
I _ b I I'1:llO: -- Ie
~l~ ~~ '> +-L----i>,~ I~
....... _:.P'f:4.Z. '. I -... ~-.J
&;; I i IT;.i;;"~n'Oi'OO' v' ~~=:~ -
11' \ '27G.':;7' --- ,-. .-...-,
'I I '- ..... .. IP(I')
'II I
I I
I I
I I
, I
I I.
1 I ~
I
.
(.)
.
8
Cl::
"!-
'-'-
, REMAINDER OF
PARCEL "0'
1~,1
-
....
~
1 $'I'Ct-ly
l'llAMt
I07:t
[
I
I
wli!!'"
8i!l!
.. ,!"
;!~ J ~
. lilt
~ I I
:zl, I ~
II H'"
1: t ~ ~
'I' It ;.
. . I (,..1
1; If 0
h ",
II I'
[1,1
II tf
> il
j: II
'-:1, '!
~r-of I
i~ . Il'tf}
v.~ltJil.J1r.
Il'o '0/1'{('\ 'Sl"
"lD "
~. ....1>~T~:,I>,
~.~ -" '~~
r~' WAa I.'" ."
is Cl~"ill:':H"" ~
~. !
i SI
L '-fL-r-J
1...--:
INsn
1
; ~
PHYSiCAL SURV2Y
OF'
PART OF PARr.EL"D"
SU8DIVlSIO~J OF' irlE
'\IOHN W, SMITH 1::3'(,".1=:"
'i1RGlNIA SEAC;';, '/I;:;:'i!~:l,
FeR
DVJKl{T ,A.!:HB';'
..", w "'J('''
i . ...lot'
Ol\-'-'~' 'J--~t. . <sr: ~oor.'
~... ::",;.. ~. ~... 06= ..
~o'~:.;- r ""~ FLAT SEE
~.u. ~. po. t~.
D.n. 174:. 70. '787.
o.n.. , ~ ~g~ PQ,~S'
VA. SEAO!. VA.
1\
~ \
II
: \
\)1
\
"
,
\
!
j
;
1
!
I
l
~
i
I
i
..
~
I
!
I
I
,
i
~
~
I
SUBDIVISION
VAN GIANG
Agenda Item 7
Page 5
o
Subdivision Variance
There has been no zoning activity in this area since 1981.
ZONING HISTORY
VAN GIANG
Agenda Item 7
Page 6
NOIlV3IlddV ~JNVrnVA NOISIAIOans
I-
Z
w
:E
w
~
I-
(I)
W
0:::
:;)
(I)
o
-'
u
(I)
o
(.,' .-C
C> -
~ "
lnU
<J '"
.... ,-;: ro
~~~
'" _ '0
'" '" .:
t.; (/} r:o
.~ Q5 vi
Q'"C 0
:J') "52
~ e 2
::::- Q. (;,)
Z5. Q 'J)
(/) a= ,g'
~=:=.E'2
~~~8
o ~'E ~
...I > -= .
~.~ g ~
~ .s E .~
~ ~ ~~
o ~~'3
-(%)~.-
!:::::c:;Ci:-
O~C:S~
C ="-- ra
<c.Q~ui1/)
.... 'II) Q;l II)
o ~.~ 8
5~~~
ti :3. Vol ~
~ K~~
0"'0 i;i.:::
OQ;lQU
~~~~
c:: cr ~..
.;a:~Q'ttn
_ - ~ 0
70 t]).~.~
;;;=c:c:
:Jg~~
'"
f~
~:i
~~ t
~~~
",0>-
;;j o...i
~~~
9."2 ~
.c: (l :=
Ii!
- " "
" ;;l is
'./').::)....l
I ~~]
::: - '"
,- ~ s
g.(;~
~ ~~
I H~
Itll
,,) o..Li
.~
;;
UI
UI
~
in
E
'"
'"
.!;
~"S:::
" -
o ~
-~~
" '"
'5~
~~
~~
'" v
Z~
~~
~-:=
~ q
~~
r.; n::
,s",
",.c
",-
~~
~E
z;~
= "
~ "=
-' r:.
~2
9-~~ '~c..'.7>
!lllml!l
mmim
g ~ ~ ~ ~ :: e ~ ,~ ~
HmWH
rn ~ Q1 0:::. ,_ C Q,),... ':)
111!1I!111~
o
~.
'"
c:
in
"
.0
]
i
':j;
~
t:
"
Q.
cf
2
'is
o
a.
o
..)
vi
;;
.0
E
'"
E
OJ
.c
S~ d,
~o ~
~ Ii ~
~.::.5 ~fS
o c: =. lV:::i
c3t~~~8
~~f~~i
w t ~ .E E.~
~~~~-g-s
o~:;~~~
~~.g~E~
ffi~5g~~
c.. 0.. Q.. V r:: ~
O"==occ:.8
a:~u.olo- .
a.~~~~~
2~~~~
~~~8.~
~ ~~ K ~
~ ~ ~~ ~
?;,~~g
8;-g~
t;g
C:.,;
'" ..
'': 'c
c: '"
~ .:::n
"-~ 0
0._
!:;-Ci)
~~
a.
<3
<J ,>!__
~
lmu
~ .2; ::;: s.~ E
mm
.~
c;
'"
'"
'"
c:
';;:)
"
.::J
'"
s
E
~~
o~
.'>- ~
~~
~~
'f..c:.
~~
0.-
~~
~~
- "-
e !:':.
~QJ
V'l:
~~
~~
S a.
?,~
- c:
~:I
..J _
-'
,i
:-
,~~ ~
..;. ::;..
",",
~i ~
~-~~-.
I!:
i~
!":..;,.
!~
f
~
2-
c
cO
!e
12
o
o.~
15 5
:.) '':;
r; ~
... ;:
c ro
C:e'
'" 0
.~ ]
c :-:;
6 ~
>-'"
~g
o'c
5.~
-~ ~
-0
c 0
~ ~
"' .'
<.., =:
;: '~
<3..5
:'[)
g
'"
,-
I~
i~
-~
-
.,
::5
,-
~
E'
"
,.
'J}
I
I
NOIlV3IlddV HJNVrnVA NOISIAIOHflS
t-
Z
W
~
W
l-
e(
I-
(I)
W
0:::
:;)
(I)
o
-'
()
(I)
115
~
l
vi
e
'"
"in
.5
'0
"
;;
&
c
"
c:
.c
"
~
15
o
'"
v,
we
g;.~ ;;;
en ~ '0
0"',
oJ-- ~~
U E E~'
Ei; g~
~.:;: ~~
Z ~ ;.. ':::
<9 .o~
~ ~ -~-g ~
~ ~~]~
.ct .Q <3 "'6 .s
~-;;~
e.~ ~ ~
80::'.2
a:lg..~~
(/) e f.,)
'E 8~~
.g"~~g
Q.-..&;, "'"
~.~ ,~ ~
E ~~ Cl..
:::O~
vi
OJ
-g
<;
E
.Ii
~
(;
'" -
" ~
\ ,':,) G.I
, .c.'='
(.l-
aC
N
DISCLOSURE STATEMENT
VAN GIANG
Agenda Item 7
Page 7
Item #7
Van Giang
Subdivision Ordinance
972 Whitehurst Landing Road
District 2
Kempsville
June 13, 2007
REGULAR
Barry Knight: Madame Secretary, the next item.
Dorothy Wood: The next item is item 7. It is Van Giang. It is appeal to the decisions of
the Administrative Officers of certain elements of the Subdivision on Whitehurst Landing
Road. Mr. Giang?
Barry Knight: Welcome sir. Please state your name for the record.
Van Giang: My name is Van Giang.
Barry Knight: We see on your agenda item what you're asking us for. Could you give us
a description or a short synopsis of what it is you want and why you think it is warranted?
Van Giang: Yes. I bought a house about two years ago, and the house is in very bad
shape, It is not livable. So, I want to tear the house down and put a new house up. But
when I went to try to get my site plan done, they said the house was not legally recorded
because it was recorded by deed. And, so, I'm here today to try to get it legally recorded
by plat, And, basically that is what I want to do is build a new house.
Barry Knight: Thank you sir. Are there any questions for Mr. Giang? Mr. Livas?
Henry Livas: You only want to build one house is that correct?
Van Giang: That is correct sir. I just want to build one house for my family only.
Barry Knight: Okay. Thank you sir.
Van Giang: Thank you.
Barry Knight: We'll hear the opposition and then you will get a chance to come back up,
Dorothy Wood: Speaking in neither opposition or support is Mr. Levi Drew, Mr. Drew?
Barry Knight: Welcome sir. Please state your name for the record.
Item #7
Van Giang
Page 2
Levi Drew: Good afternoon Board members. My name is Levi Drew and I live at 970
Whitehurst Landing Road, right beside Mr. Giang's property. My main concern is if and
when he does get this approved, does it mean that 10 or 15 years down the road that he
could say, "Well, I'm going to get this property like I want. I'm going to try and put
another house up there". We have two ten foot stems. Some people, sometimes, after
they get surveys done, some where down the line they can probably do just much more.
So that is my concern.
Barry Knight: Sure. Mr. Jack Whitney, would you address his concerns please?
Jack Whitney: This would be one single lot. There would be no opportunity to put more
than one house on the lot without coming to the City with the subdivision, Any such
subdivision would more than likely require a subdivision variance before it could move
forward, and that would have to come back before you and City Council.
Barry Knight: Does that answer your question?
Levi Drew: Yes it does. One other thing while I'm standing here. The reason why I'm
saying this is because the wife and I live back there for more than 30 something odd
years. We have shared that stem. He has a ten foot stem, and I have a ten foot stem that
comes off of Whitehurst Landing Road. We have been keeping it with gravel. I have
been doing most of the upkeep of that piece of property myself, so it could be driveable,
so we could get out the potholes. So that is my main concern, that in the near future, it
won't be that he could come back and put some more homes, Because ifhe does, there is
only a 20 foot easement and I think that is to narrow for the traffic.
Barry Knight: Mr. Drew? We, as a Commission have discussed that and agree with you
on that. I think it might be a different Commission and City Council if anyone was to
ever come back, but I think they would look very severely on that.
Levi Drew: Okay.
Barry Knight: So, it would definitely have to come back.
Levi Drew: Okay.
Barry Knight: Are there any questions for Mr. Drew? Thank you,
Levi Drew: Thank you.
Dorothy Wood: The next person in opposition is Nancy Dauer.
Barry Knight: Welcome ma'am. Please state your name for the record.
Nancy Dauer: Nancy Dauer.
Item #7
Van Giang
Page 3
Barry Knight: There is a laser right here. Pull it off the Velcro and push the button.
Nancy Dauer: I'm not familiar with the laser. Do you have to press something? Oh.
Okay, Where is Birnam Landing? My house is right there. I do, actually live behind this
property. My main concern is that if allowed, would there be a street being built and
would potentially take some of my property for an easement if a road is built?
Barry Knight: Mr. Whitney?
Jack Whitney: I believe the answer to that would be no. This is simply cleaning up a
subdivision and getting it recorded properly by deed, as the applicant said earlier. It will
not require any improvement to the access by way of constructing a road.
Nancy Dauer: Also, my concern is that if this deed goes through, down the line many
years from now when they decide they want to sell off the remaining land, that you have
more houses built back there. Then you would have to have an access road down that
way. That is the only way to get down there. It is crush and run, and the noise alone from
building a house.
Barry Knight: Hopefully, he will replace this old house with a brand new one. Mr,
Whitney, I believe it is one parcel of property. It is no subdivision. It can't be sold off
except as you see it platted. Is that correct?
Jack Whitney: That is correct. Without a subdivision plat, and like I said in response to
Mr. Drew's concern that would undoubtedly require a variance, and that would all have
to come back for approval before this body.
Nancy Dauer: What are the chances of that happening? Getting a subdivision back
there? I think that is my concern and my neighbor's concern. Would that happen at some
point? Would they get a subdivision back there? Will they be able to put four houses
back there?
Jack Whitney: I can't speak for the applicant's interest down the road. However, as I
say, any approval of a subdivision or a creation of new lots back there on that very
limited road frontage would require variances and approvals by the Planning Commission
and City Council.
Nancy Dauer: Okay. Thank you so much.
Barry Knight: Thank you ma'am, Are there any questions?
Dorothy Wood: Mr. Giang?
Barry Knight: Please state your name again for the record sir?
Item #7
Van Giang
Page 4
Van Giang: My name is Van Giang. I would like to thank you all very much. And, I
understand the neighbor's concerns. As we go through this project, we would try to keep
it as clean and as less disturbing as possible, I also understand their concern about the
subdivision trying to get three or four houses in there, because they probably had a bad
experience with the previous owner, and I would like to ensure them that, as well as all of
you, that my intention is to put one house for my family. That is what I want to do.
Thank you very much.
Barry Knight: Thank you sir. Are there any questions? Thank you. Okay, I'll open it
up for discussions, or the Chair will entertain a motion.
Eugene Crabtree: Just one statement Barry. With that being a flag lot the way it is, and
having no more frontage than it does, the odds that any Planning Commission or City
Council in the future will ever divide that into a subdivision, you got two chances, slim
and none. I just don't think that it will ever occur, I think the residents in that area can
rest assured that because of that being a flag lot, that does not have any frontage, we
don't do it, and I don't think that any Commission will do it in the future either. I just
wanted that to go on record.
Barry Knight: Thank you, Mr. Crabtree, I think we all concur with your thoughts, Mr.
Livas were you next?
Henry Livas: Yes. I was going to make a motion that we grant this variance for this
single-family house.
Barry Knight: Okay. There is a motion on the table. Do I have a second? Mr. Redmond
seconds.
David Redmond: Second,
Barry Knight: Okay. There is a motion to approve Van Giang, agenda item 7, made by
Henry Livas and secOnded by Dave Redmond. Is there any other discussion? I'll call for
the question.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
KNIGHT AYE
LIVAS AYE
REDMOND AYE
Item #7
Van Giang
Page 5
STRANGE
WOOD
ABSENT
AYE
Ed Weeden: By a vote of 10-0, the Board has approved the application of Van Giang.
Barry Knight: Thank you.
- 44-
Item V-K.2.
PLANNING
ITEM #56583
Correspondence of Attorney R. J Nutter, Troutman Sanders LLP, dated June 18, 2007, requesting
DEFERRAL until July 10, 2007, is hereby made a part of the record
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council DEFERRED until
the City Council Session of July 10, 2007, Ordinance upon application of CA VALIER GOLF and
YACHT CL UB for a Conditional Use Permit. re golf club Agronomy facility
ORDINANCE UPON APPLICATION OF CAVALIER GOLF & YACHT
CLUB FOR A CONDITIONAL USE PERMIT FOR A GOLF CLUB
(MAINTENANCE FACILITY)
Ordinance upon application of Cavalier Golf & Yacht Club for a
Conditional Use Permit for a golf club (maintenance facility) on
property located on the south side of Kamichi Court, approximately 300
feet east of Cardinal Road (GPIN 24184145480000), DISTRICT 5 -
LYNNHAVEN
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
Yacht Club
,.r~~BE~(::-I
/~~:~'~r'~-"':': I.~~,
';.:,.. . .,~,
\0~=,~)
-.........-.......
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Cavalier Golf & Yacht Club for a Conditional Use Permit for
a golf club (maintenance facility) on property located on the south side of
Kamichi Court, approximately 300 feet east of Cardinal Road (GPIN
24184145480000). DISTRICT 5 - L YNNHAVEN
MEETING DATE: July 10, 2007
. Background:
This request was deferred by the City Council on June 26, 2007, ,at the request of
the applicant.
The applicant requests a Conditional Use Permit to allow construction of an
agronomy center (maintenance facility) for the golf course. The existing
subdivision and golf course were platted and developed in the 1930's. The
relocation of the maintenance facility is part of an overall improvement plan to
upgrade the existing clubhouse and tennis facilities located on Cardinal Road.
The applicant explored other locations within the subdivision without success,
and concluded that the subject site is centrally located to the course and will
cause the least disruption to the layout of the course.
. Considerations:
The applicant proposes to construct three buildings (maintenance, equipment
shed, environmental) near the fifth (5th) and sixth (6th) fairways of the golf course.
The proposed maintenance building will be 50-feet in width by 80-feet in length
and is situated perpendicular to Kamichi Court. The proposed equipment shed
will be 45-feet in width by 1 DO-feet in length and is parallel to Kamichi Court. The
proposed environmental building will be 25-feet in width and 50-feet in length and
is parallel to the 6th fairway. The plan also depicts existing storage bins that are
22-feet in width and 105-feet in length, situated parallel to Kamichi Court. The
storage bins are currently used for storage of mulch, sand, and soil and are
considered an accessory use to the golf course. The proposed agronomy center
will be screened with a six-foot high decorative fence (wood with brick piers),
existing mature trees and additional landscaping consisting of azalea and wax
myrtle shrubs. The proposed facility will be located approximately 3D-feet from
the homes to the west, which front on Cardinal Road; approximately 245-feet
from Kamichi Court; and approximately 225-feet from Oriole Drive. Access to the
site is proposed at the intersection of Oriole Drive and Kamichi Court,
The proposal is acceptable, and will, as designed and conditioned, be compatible
to the surrounding area. The existing subdivision and golf course were platted
and developed in the 1930's. The applicant advises staff the re-Iocation of the
Cavalier Golf & Yacht Club
Page 2 of 3
maintenance facility is part of an overall improvement plan to upgrade the
existing clubhouse and tennis facilities located on Cardinal Road. The applicant
explored other locations within the subdivision without success. This site is
centrally located to the course and will cause the least disruption to the layout of
the course.
There was opposition to the request.
. Recommendations:
The Planning Commission, by a vote of 8-2, approved the application with the
following conditions:
1. The site shall be developed in accordance with the submitted plan entitled
"Cavalier Golf and Yacht Club Agronomy Center", dated February 22,
2007, and prepared by Gallup Surveyors and Engineers. Said plan has
been exhibited to the Virginia Beach City Council and is on file in the City
of Virginia Beach Planning Department.
2. The buildings shall be constructed in accordance with the submitted
"Overall Elevation", which is a part of this report, and the "PROPOSED
BUILDING ELEVATIONS CAVALIER GOLF & YACHT CLUB
AGRONOMY CENTER", prepared by Porterfield Design Center. Said
plans have been exhibited to the Virginia Beach City Council and are on
file in the City of Virginia Beach Planning Department.
3. The exterior walls of the existing storage bins shall be upgraded to match
the exterior walls of the proposed buildings. Brick skirting and stucco wall
finish shall be installed in accordance with the building elevations. The
applicant shall submit to the Planning Department / Current Planning
Division an elevation of the proposed improvements to the walls before
site plan approval for the project.
4. A Lighting Plan (Photometric Diagram Plan) shall be submitted during
detailed site plan review. Said plan shall include the location of all pole-
mounted and building-mounted lighting fixtures, and the listing of lamp
type, wattage, and type of fixture. Lighting shall overlap and be uniform
throughout the parking area. The plan shall include provisions for
implementing low-level security lighting for non-business hours.
5. Perimeter landscaping shall be installed in accordance with the Site Plan
Ordinance, Section 5A.5 Parking lot street frontage requirements.
6. Delivery of supplies, trash pick-up, and maintenance of equipment is
limited to Monday through Friday, between the hours of 9:00 a.m. to 5:00
p.m.
. Attachments:
Staff Report
Disclosure Statement
Cavalier Golf & Yacht Club
Page 3 of 3
Minutes
Letters
Location Map
Recommended Action: Staff recommended approval. Planning Commission recommended
approval.
Submitting Department/Agency: Plauuing Departmeu~
City Manager: ~.~. lU*-
CAVALIER GOLF
AND YACHT CLUB
Agenda Item 5
May 9, 2007 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Conditional Use Permit for a golf club
(maintenance facility or agronomy center)
ADDRESS I DESCRIPTION: Property located on the south side of Kamichi Court, 300-feet east of Cardinal
Road
GPIN:
24184145480000
COUNCIL ELECTION DISTRICT:
5 - L YNNHA VEN
SITE SIZE:
Part of 101.85 acres, the proposed site is
approximately 8.6 acres
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow
development of the site for agronomy center (maintenance
facility) for the golf course. The relocation of the maintenance facility is part of an overall improvement
plan to upgrade the existing clubhouse and tennis facilities, Those changes will be presented as part of a
future application.
The submitted conceptual plan depicts the addition of three buildings (maintenance, equipment shed,
environmental) near the fifth (5th) and sixth (6th) fairways of the golf course. The proposed maintenance
building will be 50-feet in width by 80-feet in length and is situated perpendicular to Kamichi Court. The
proposed equipment shed will be 45-feet in width by 100-feet in length and is parallel to Kamichi Court.
The proposed environmental building will be 25-feet in width and 50-feet in length and is parallel to the 6th
fairway. The plan also depicts existing storage bins that are 22-feet in width and 1 OS-feet in length,
situated parallel to Kamichi Court, The storage bins are currently used for storage of mulch, sand, and
soil and are considered an accessory use to the golf course. The proposed agronomy center will be
screened with a six-foot high decorative fence (wood with brick piers), existing mature trees and
additional landscaping consisting of azalea and wax myrtle shrubs. The proposed facility will be located
approximately 30-feet from the homes to the west, which front on Cardinal Road; approximately 245-feet
from Kamichi Court; and approximately 225-feet from Oriole Drive. Access to the site is proposed at the
intersection of Oriole Drive and Kamichi Court.
......
CAVALIER GOLF ANq:Y!.\CHTq~UB
?::~gen9aJ~~j?1:5, .
g~9~:J,.
The proposed buildings are utilitarian in style, but possess colonial-style elements, such as six-aver-six
windows, faux columns, shutters, and brick skirting. The proposed mansard-style roof will screen from
view heating and cooling equipment. The proposed white stucco wall finish and slate gray roofing
shingles and shutters replicate material finishes and styling that exist on the clubhouse. The proposed
buildings range in height from 15-feet to 18-feet.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: The 5th and 6th fairways of the Cavailier Golf Course, and storage bins for mulch, sand
and soil used in the upkeep of the golf course.
South:
East:
. Kamichi Court
. Across Kamichi Court are single-family dwellings I R-40
Residential
. Single-family dwellings I R-40 Residential
. Oriole Drive
. Across Oriole Drive are single-family dwellings I R-40
Residential
. Single-family dwellings I R-40 Residential
SURROUNDING LAND
USE AND ZONING:
North:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The existing subdivision and golf course were platted and recorded in
the County Clerk's office in June 1926, with the golf club opening in
1930. Mature landscaping and trees exist on the site.
AICUZ:
The site is in an AICUZ of 70-75 dB Ldn surrounding NAS Oceana. The
proposed use is compatible with airfield operations.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN fMTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Oriole
Drive and Kamichi Court are two-lane undivided local streets. Oriole Drive is not shown in its exact
location as the centerline of Oriole Drive lines up with the existing street light on Kamichi Court. The
proposed entrance must line up with Oriole Drive in its correct location. The shifting of the entrance will
cause the existing streetlight to be relocated, which will be the responsibility of the applicant.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Oriole Drive I N/A - local N/A Existing Land Use L_
Kamichi Court streets Negligible ADT
Proposed Land Use 3 -
32 ADT
CAVALIER GOLF AN9:'?,[\CHTq~UB
:,J\gendaJ~~~ 5
..... .....(Pa:g::e:2
.. ','.:-".;.. .:-:"':':;):'
, Average Daily Trips
2 as defined by private storage bins
3 as defined by golf course maintenance facility with eight employees
WATER and SEWER: Water and sewer issues will be addressed during detailed site plan review.
FIRE: A fire hydrant is required within 400-feet of the structures. If the site is secured by gates, the gates must
provide for Fire Department access using the Knox or Supra key system. Electrically opened gates must have
a failsafe operation in the event of a power failure.
Storage of hazardous, flammable or combustible materials on-site falls within the scope of the Virginia
Statewide Fire Prevention Code and NFPA. Fire Code permits may be required at the time of occupancy.
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan map designates this area as a Primary Residential Area. The Plan states that
the objective of the Primary Residential Area is to protect the predominately suburban character that is
defined by the stable neighborhoods of the area. The land use planning policies and principles for the
Primary Residential Area focus strongly on preserving and protecting the overall character, economic
value and aesthetic quality of the stable neighborhoods located in this area. Limited commercial or
institutional activities providing desired goods or services to residential neighborhoods are considered
acceptable uses provided effective measures are taken to ensure compatibility and non-proliferation of
such activities.
Evaluation:
Staff finds the request for a Conditional Use Pennit to develop the site for an agronomy center
(maintenance facility) for the golf course is acceptable. The existing subdivision and golf course were
platted and developed in the 1930's. The applicant advises staff the re-Iocation of the maintenance facility
is part of an overall improvement plan to upgrade the existing clubhouse and tennis facilities located on
Cardinal Road. The applicant explored other locations within the subdivision without success. This site is
centrally located to the course and will cause the least disruption to the layout of the course.
As stated previously in this report, the proposed center will be approximately 30-feet from the homes to
the west, fronting on Cardinal Road; approximately 245-feet from Kamichi Court; and approximately 225-
feet from Oriole Drive. The proposed agronomy center will be screened with a six-foot high decorative
wall, existing mature trees and additional landscaping of azalea and wax myrtle shrubs. Staff has further
conditioned the Use Pennit with a requirement for plantings in accordance with street frontage
landscaping required for large commercial and industrial centers, a requirement for a lighting plan, and a
limitation on the hours of deliveries, trash pick-up, and maintenance to equipment. Staff concludes that
the distance of the center from any residential dwellings and the addition of these conditions to the Use
Penn it will eliminate or substantially reduce any potential negative impacts on adjoining neighbors.
Staff, therefore, finds the request acceptable subject to the conditions listed below.
. ..- -. ...
.P' '. '.
. . . ... ' .
.. '.. ...'....... .
. .. .. ,"... '"
.... .. .'".
. .. .. ..... ... ..
. . ... . '... . . . . . . .
. . -. .. . . . . , . . . . . . .
. . ' . . - . . . . . .. . . .
. . . .. . '. .. ....
... ". ....... .,......."
CAVALIER GOLF ANf.J:::Y~CHTq~UB
::: :f.gehda jt.~!!1 $ . .
:: . , .::.:g~9~:,~,
CONDITIONS
1. The site shall be developed in accordance with the submitted plan entitled "Cavalier Golf and Yacht
Club Agronomy Center', dated February 22, 2007, and prepared by Gallup Surveyors and Engineers.
Said plan has been exhibited to the Virginia Beach City Council and is on file in the City of Virginia
Beach Planning Department.
2. The buildings shall be constructed in accordance with the submitted .Overall Elevation", which is a
part of this report, and the .PROPOSED BUILDING ELEVATIONS CAVALIER GOLF & YACHT CLUB
AGRONOMY CENTER", prepared by Porterfield Design Center. Said plans have been exhibited to the
Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department.
3. The exterior walls of the existing storage bins shall be upgraded to match the exterior walls of the
proposed buildings. Brick skirting and stucco wall finish shall be installed in accordance with the
building elevations. The applicant shall submit to the Planning Department I Current Planning Division
an elevation of the proposed improvements to the walls before site plan approval for the project.
4. A Lighting Plan (Photometric Diagram Plan) shall be submitted during detailed site plan review. Said
plan shall include the location of all pole-mounted and building-mounted lighting fixtures, and the
listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the
parking area. The plan shall include provisions for implementing low-level security lighting for non-
business hours.
5. Perimeter landscaping shall be installed in accordance with the Site Plan Ordinance, Section 5A.5
Parking lot street frontage requirements.
6. Delivery of supplies, trash pick-up, and maintenance of equipment is limited to Monday through Friday,
between the hours of 9:00 a.m. to 5:00 p.m.
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.
CAVALIER GOLF ANP:YbCHTqi.USH
>Agend~~~I.: '.
".
AERIAL OF SITE LOG:~;110N:::."
. ... . . ...
,. .. ,,--.
. . . . ..
, .
... .' ... ....... ~...... "'"
CAVALIER GOLF ANp'::X~CHTqB.UB
;...::~g~:nd:~~~l~..~.:..
Item #5
Cavalier Golf and Yacht Club
Page 20
facility in a deck with a tennis court above. What I'm trying to say here is that if they
have the space on the main campus, they can do all the things they want. If you look at
another local country club, the next slide shows the Princess Anne.
Ed Weeden: You have about 45 seconds.
David Shepherd: Thank you. They were faced with a similar issue of club renovations
chewing up their membership, Figure seven shows a comparative view of the main
campus of the Princess Anne and Cavalier. Princess Anne, as you know, did a major
renovation to their main campus two years ago. Their maintenance facility is depicted on
their main campus site. Many people think that the main Princess Anne campus site is
substantially bigger but if you look at the next slide, an imagery of Google Earth, you will
see, and I actually did the map on this, the Cavalier is slight larger. So what's the point?
The Cavalier does have options. They have at least four of them on their current main
campus site, They refused to look at this in lieu of trying to move the maintenance shed
to another location. Use of any of these sites would be a lesser impact then the proposed
site. At least 200 feet from any residential property and across the fairway as opposed to
being 30 yards behind someone, with no golf course buffer in between. The Cavalier
wants to use their main campus for other, as yet, unnamed, unplanned and unanswered
improvements, I've just shown you how they can do a new maintenance complex, a pool,
activity building, two new tennis courts on their existing main campus site. What else do
they want to do with all that space? I, for one, would like to see a long-range master plan
for their development intentions before approving a questionable plan to move the
maintenance shed off the main campus.
Barry Knight: Mr. Shepherd? You're out of time. Would you like to sponsor him?
Janice Anderson: Yes.
Barry Knight: Okay. She'll sponsor you for a little bit longer.
David Shepherd: I really appreciate the Commission's review of this matter, and I
welcome any questions about my comments today or my previously submitted letter.
And, I would also like, if I have the opportunity to answer Mr. Redmond's question to
Mr. Gorski about the increased traffic.
David Redmond: Okay. Great.
David Shepherd: Should I hit that one first?
David Redmond: It is up to you.
Barry Knight: That would be fine, If Mr. Redmond asked that question, it would be fine,
Item #5
Cavalier Golf and Yacht Club
Page 19
negatively affected by this facility are the public in this case. You, as appointed
Commissioners, have the responsibility and the duty to serve and protect this public
interest. I thank you.
Barry Knight: Thank you. Are there any questions?
Joseph Strange: Our next speaker in opposition is David Shepherd.
David Shepherd: I have something to hand out.
Barry Knight: Sure.
David Shepherd: I handed these out in lieu of an electronic presentation.
Barry Knight: That is fine. So noted.
David Shepherd: My name is David Shepherd, and I live at 820 Oriole Drive, adjacent to
the proposed Cavalier maintenance shed. In my letter to the Commission, I talk about
two main concerns with the Cavalier proposal. One was the impact of the proposed use
and second was the equity of the Cavalier's preferential property tax rates as they relate to
development rights. I also highlighted that the Cavalier has options for the maintenance
shed on the existing site. In discussion with Commission members over the past week,
people have asked me to specifically refer to those since my other comments in my letter
are already part of the public record, So, I passed out this slide deck, and I'm going to go
through them rather quickly in the safe of time. If you would like to ask questions at the
end, I'll be happy to answer them. Figure one shows the current Cavalier main campus
site, over layed on that is the 100-foot CBPA development buffer at its approximate
location. The Cavalier claims they don't have room for the maintenance on their main
campus. I just question rather that is correct. If you look at Figure two, is shows a simple
enlargement of the existing maintenance shed outside of the CBP A buffer to
accommodate a 10,000 foot square building. Roughly the size they're proposing on the
proposed site. Then I heard some golfers say they put in their letters they want to move
the barn to create more tee shots on 17. So, if you flip to Figure three, you will see a
repositioning of the maintenance shed to the large undeveloped field between the two
tennis courts. I've also heard people say that it might be a nice spot for a pool and its
workout facilities. Figure four shows the maintenance facility located on the site of the
current pool and a new pool and activity in the large undeveloped field. This is an exact
scale replica of the pool, deck and activity building of the Princess Anne Country Club.
And while we're at it a new set of tennis courts might be nice too. So, on Figure five, you
will see the maintenance facility on the current parking lot, the pool and activity building
on the large undeveloped field and two new tennis courts on the existing pool site, Just
for humor, if you need more parking for your six, you see the world's highest tennis
court. This was built in Dubai on top of a skyscraper. If the Cavalier thinks they want
more parking, I know they evaluated this at some time, the potential of locating parking
Item #5
Cavalier Golf and Yacht Club
Page 18
is not a need. This is a want. The membership of the club has not yet approved the
expansion but initiated this request. They do not yet have the backing or the funding.
When did the wants of a country club become more important than the needs of the
homeowner? I do not think that anyone can argue that the residents that border the
proposed site will experience a material negative impact on their property. Please do not
let this happen. A house represents many things to the homeowner. It represents your
hard work, your livelihood, your family, and as Ms. Wood pointed out, it is the American
dream. A home is a basis need that must be protected. The interest of the club is very
divergent from those of the homeowner. Their interested is in supporting the
membership, the majority of who do not live in the neighborhood. We benefit indirectly
from the success or the failure of the club, but the rights of the homeowners involved in
this action must be considered first. It is the mission of the Planning Department to
assure the orderly use of land, granting the Cavalier a Conditional Use Permit will in no
way enhance the aesthetic or economic viability of the City or this neighborhood. It will
only detract from the quality of life of the neighboring residents. Please do not grant this
permit. Thank you for your consideration.
Barry Knight: Thank you ma'am. No questions.
Joseph Strange: Our next speaker in opposition is Toles Summers.
Barry Knight: Welcome sir.
Toles Summers: My name is Toles Summers, and I live at 824 Cardinal Road. Helen, I
think, stole a lot of my thunder. As I said, I live at 824 Cardinal Road, which backs up
right there (pointing to PowerPoint). It backs up adjacent to the proposed site for
construction. I live there with my wife and four children, and we are opposed to the
construction of this facility. We purchased this home for its quiet and serene
surroundings. It was appraised, financed, and ultimately assessed by the City
accordingly. Construction of this facility not only removes the value of a golf course
home property, but goes many steps further by placing a commercial industrial activity
right adjacent to my home. The activities of a parking lot, a refueling station, a pressure
washing facility for cleaning maintenance equipment, repair activities, and materials
handling activity are indisputable. I don't know about you but my home is my largest
single investment. If this project is permitted, the value of my property will be
dramatically affected, The asset, which I have invested and improved over the years, will
be drained of its equity. This proposed facility serves no public need, no public service or
no public good. This request for the Conditional Use Permit is for the private wants of a
private country club. There is no support for this facility by anyone other than country
club members. If you search to discover the origin of the support letters you received,
you will find that they come from non-residents of the neighborhood or country club
members who live within the neighborhood. I think I could do this exercise and ask
everyone to stand up who is in support of this, and ask everyone to sit down who is a
member of the club, Everyone would sit down. My neighbors and I that would be
Item #5
Cavalier Golf and Yacht Club
Page 17
Ray Gorski: You're welcome sir.
Barry Knight: Are there any other questions for Mr. Gorski? Thank you sir.
Ray Gorski: Thank you.
Joseph Strange: We have one other speaker in support. Ed Clexton.
Barry Knight: Mr. Clexton, we normally try to keep the speakers support first and
opposition second. This card got lost in our voluminous file up here. Welcome sir.
Ed Clexton: Thank you. Mr. Chairman? Commissioners. My name is Ed Clexton. A lot
has already been said so I will skip real quickly. I think you will find one major
agreement among all of us here today and that is Birdneck Point is a great place to live.
Then you get to the issue. I took responsibility four years ago, may I think five, to help
the club improve its facilities, which to me means helping the neighbors at the same time.
Families who don't have family in the area, it is just my wife and 1. We live next to Janet.
This is the way I see it. If you own a plant and you don't improve on it, you're going to
decline. If the club and the golf course, which are so much a part of Birdneck Point, goes
into decline, so does the neighborhood. Much the reason why I took the responsibility to
head up a committee to try to get improvements done beyond the club house and beyond
the golf course, which included the everything else categories of tennis courts, swimming
pools, fitness facilities, and child care, and this is of course where we are today. I am a
friend with, I think, with most of the people affected here. I hope that continues as long
as I am in the area. But I'm for the project for the long-term improvement of the club, the
golf course, and the neighborhood. Thank you.
Barry Knight: Thank you Mr. Clexton. Are there any questions? Mr. Strange.
Joseph Strange: Okay. Our next speaker in opposition is Helen Junkin.
Barry Knight: Welcome ma'am.
Helen Junkin: Good afternoon. My name is Helen Junkin, and I live on Kamichi Court
across from the proposed site of the maintenance facility. I'm opposed to the Conditional
Use Permit being requested by the Cavalier. This is to be a maintenance facility with
large quantities of chemicals, fertilizer, and a 1,000-gallon above ground fuel tank to
support a business establishment. It will have 10 additional parking spaces and a wash
bay for heavy equipment. It should not be on properties zoned R-40. Backed up within
30 feet of existing homes purchased in good faith that the land would remain residential
in nature. I enjoy the benefits of living on a golf course. I appreciate the landscaping
efforts of the club. I think they are a huge asset to the neighborhood, however, in this
case, I can't understand their dismissal of the rights of the homeowner. The club is
presenting this to you as a need in order for them to go forward in a vibrant manner. This
Item #5
Cavalier Golf and Yacht Club
Page 16
Ray Gorski: Right now, they use as their center point where the maintenance facility is
now. They run the roads out to the different greens across the golf course. When they
move the facility to where they want to move it, they use that road that they have shown
and that will be their access point out to the roads to spread out throughout the golf
course. So, that is going to increase the golf cart / utility carts, In addition to that there
are the tractors, the blowers, the sand spreaders. A huge number of additional vehicular
traffic will now be coming from there, and speaking of vehicles, the eighteen-wheelers, I
have a lot of pictures but we don't show pictures, I guess, of some eighteen-wheel semi-
trucks trying to get in to that place, backing down across from one side of my house.
They try to get the truck in. Yes sir.
David Redmond: I want to follow up on that point I asked you. The club is not going to
conduct any more maintenance. In other words, and I'm throwing out a number, if they
conduct 10,000 hours of maintenance with this new facility, they are not going to conduct
50,000 hours of maintenance.
Ray Gorski: Correct.
David Redmond: Maintenance is maintenance. I still don't follow why you believe that
there is going to be anymore legitimate or illegal use of any sort of public resource.
Ray Gorski: Because the vehicles will not be stored at the new site. And therefore, it is
going to increase the amount of usage of public roads in the surrounding areas.
David Redmond: I'm not sure I see how.
Ray Gorski: Well, they have to go out in the morning sir.
David Redmond: Well sure. But they have to go out in the morning from the current
location. Right?
Ray Gorski: Yes. They ride down Cardinal Road, which is the main drag. We are a two
lane little narrow highway, right by our houses.
David Redmond: That is sort of my point. I not sure there is any sort of increase,
necessarily in that area. I understand your point, and I'm sympathetic to it, but I'm not
sure there is necessarily a basis to assume that there is going to be some deleterious
impact, in terms of the use of these public roads.
Ray Gorski: I wondered, and I was surprised why the Cavalier would try to get
permission to amend the ordinance to do that if they didn't expect it to be increased. I
don't know.
David Redmond: Thank you.
Item #5
Cavalier Golf and Yacht Club
Page 15
of the meintance facility off the main campus will acerbate the illegal operation of the
golf and utility carts on the public roads. Currently, golf and utility carts operate on the
public roads daily, continuously morning to night. The Cavalier recognizes that this is a
problem, and that it will even be worse with the new facility. Therefore, in the minutes of
the Board of Directors meeting of the Cavalier dated March 29,2007, a board member
reported, "he has met with the City in regard to the use of golf and utility carts on the
public roads in the Birdneck Point neighborhood. He feels that it is likely that the City
will amend the ordinance to allow, and expects a response from the City by next month's
board meeting." If the Planning Commission approves the Cavalier Conditional Use
Permit, the Cavalier will use this as leverage with the City Council to amend the golf cart
ordinance so that they can operate at their new maintenance facility. This would
jeopardize vehicle and pedestrian traffic on our narrow undivided two-lane highways. A
similar strategy was used by the Cavalier with the construction of the unimproved
existing storage bins built in 2004. In December 2005, I sent a letter to the Planning
Department questioning how the bins could be built without notification to the neighbors.
There was no response. In March 2007, I sent a letter to the Planning Department with
specific questions regarding the construction of the bins. The Planning Department
responded one, the Cavalier did not submit a Conditional Use Permit to construct the
bins; two, the Planning Department did not approve the site plan for the construction of
the bins; and three, the Planning Department did not issue a building permit for the
construction of the bins. Now, retroactively the unimproved bins are included in this
Conditional Use Permit. Is the fairness and justice for the Birdneck Point residents?
Finally, who in the Virginia Beach city government protects the property rights of the
homeowners? I thank you for your time. I'm open for questions.
Barry Knight: Mr. Gorski? Mr. Redmond has a question for you sir.
David Redmond: Mr. Gorski? Do you live close enough on that map to be able to point
with that laser point in front of you to show me where you live please? I should have
asked that of Mr. Gibson as well. I apologize. Okay. That is you?
Ray Gorski: Yes. Harry lives right there (pointing to PowerPoint). Is that right Harry?
David Redmond: Thank you. I have a question for you.
Ray Gorski: Certainly.
David Redmond: You just stated that this new facility would increase the illegal use of
carts and other vehicles on the public roads.
Ray Gorski: Yes sir.
David Redmond: What leads you to believe that?
Item #5
Cavalier Golf and Yacht Club
Page 14
William Lascara: Thank you.
Barry Knight: Thank you sir. That is all the speakers signed up for the application. In
opposition, we normally get the representative to speak first, but the representative has
requested to speak last. That is fine with us.
Joseph Strange: Our first speaker in opposition is Harry Gibson.
Barry Knight: We1come sir.
Harry Gibson: Hi. I'm Harry Gibson. We've been residents of Birdneck Point for 11
years at 820 Cardinal Road. We've been members of the club for 23 years. First and
foremost, we're residents of Birdneck Point. It is a great place to live, and it is the reason
why we built our retirement home. We strongly object to the proposed facility. It is a
large maintenance facility. It abuts our property. This location is not the proper place for
this facility. It will adversely affect real estate values, and it will certainly adversely
affect our way of life. We will have loud noise, heavy traffic, and congregation of
equipment and workers in a confined area. This property was absolutely an unsightly
dump up until the last few years. Currently club management refers to the existing
facility as a barn. When it is moved it becomes an agronomy zone. What it will become
is an agony center for a lot of residents in Birdneck Point. I will ask you Commissioners
to concentrate on the people living in Birdneck Point. Most of the members of the club
do not reside in Birdneck. All we want to do is live peacefully without concern of health
and welfare for our selves, our children and our grandchildren. Therefore, I respectfully
request that this proposal be denied. Thank you.
Barry Knight: Thank you.
Joseph Strange: Our next speaker in opposition is Ray Gorski.
Barry Knight: Welcome sir.
Ray Gorski: Welcome. My name is Ray Gorski. I am a resident of Birdneck Point and a
member of the Cavalier Golf and Yacht Club. I oppose the Cavalier's request for a
Conditional Use Permit to build a maintenance facility because the construction will one,
have a negative affect on the adjacent property values; two, increased noise in the
neighborhood; three, create eighteen wheel semi-truck traffic; four, increase the illegal
use of the public roads by golf and utility vehicles. The Cavalier is a private and
exclusive club. This request does not benefit the neighborhood as a whole. This request
only benefits the Cavalier and its members. Seventy-eight percent of the Cavalier
members do not live in Birdneck Point. In fact, the residents of Birdneck Point comprise
only 22 percent of the club membership. There is no precedent for this private club to set
aside its premium land where the existing maintenance facility is located and move that
facility three quarters of a mile in the heart of our residential neighborhood. The moving
Item #5
Cavalier Golf and Yacht Club
Page 13
I am a member of the Board of Directors of the club. I live within 250 yards of the
proposed site. It is in view of my backyard. So, I do see today, about what you see there
on the screen from my backyard. 1 have four children. I constantly am in that
neighborhood running past that site, walking past that site, riding my bike past that site. I
play golf. My children do the same things. I have absolutely no concern with the
proposed facility there. I do know that there has been a great effort to accommodate the
concerns that were raised about noise, fertilizer, traffic congestion that may occur because
of this site. We backed off a prior application. We designed, reconfigured and have
addressed every valid concern that has been raised by the residents, I know you will hear
from Mr. Martingayle today in opposition to this. I know that he will make a number of
points highlighting noise, fertilizer, traffic and other things. You have heard from Ms.
Ogren, Mr. Capps, and I'm telling you here as well, as a long time resident, the current
facility doesn't create the problems that they are going to raise. I live close to where the
facility will be located. For me and my family and the other residents of the
neighborhood, I have no concerns.
Ed Weeden: Mr. Lascara, you have 45 seconds.
William Lascara: Thank you sir. I would like to also indicate there a number of residents
who do support it. I would like to have, if I could those residents of Birdneck Point who
are in favor stand up. I just wanted to give you an indication of the kind of support we
have in the neighborhood. Thank you very much and we look forward to your support.
I'm happy to answer any questions.
Barry Knight: Mr. Lascara?
Dorothy Wood: Would you show me please where you live?
Barry Knight: There is a pointer Mr. Lascara, right there in front. Just pick that up and
push the button.
William Lascara: I'm afraid that I am within 250 yards, which is pretty exact
measurement, and 240 yards is not far away. I am four houses beyond Kamichi Court.
Because of the configuration of this map, you cannot see it. You can see two. You see
where the north arrow is? It is the third lot to the right of that. I am the fourth lot down.
I am at 150-yard marker to the middle of the green that is to the right of the word "north",
and so you have another 100 yards from the middle of that green to this facility. So, I am
250 yards to the north of the proposed location.
Dorothy Wood: Thank you.
William Lascara: I was there the other day looking at it. I see it from my property.
Dorothy Wood: Thank you.
Item #5
Cavalier Golf and Yacht Club
Page 12
Jimmy Capps: Obviously, it is the same entryway that goes into the club itself. At the
meeting last night, there was some concern about oil trucks that would come in there. It
was stated there might be one truck a month that delivers oil. It is not a tractor-trailer. It
is a regular size oil truck. The sod that would be delivered would be delivered with a
tractor-trailer but generally speaking that is put on the property near where they are going
to put it on the course. Other maintenance things that take place, that come in for normal
operation, I would think. I haven't seen anything of any great substance that would
disturb me. You got some folks who work on the golf course there that allow their cars to
come in. But, other than that, there is probably more going into the club itself for
delivery that you see in the midday than you see going back to the maintenance facility. I
hope that answered your question.
Donald Horsley: So you don't have a lot of dump trucks coming in delivering stuff on a
daily basis?
Jimmy Capps: Not to my knowledge.
Donald Horsley: You live close. That is the reason why I asked.
Jimmy Capps: Right. Mark Hill is here, who is the superintendent. He might be able to
answer that a little better than I can. I don't see that at all. I see a lot of dump trucks in
the neighborhood. Certainly. But there are a lot of houses being torn down. There are a
lot of homes being built. There is more confusion and chaos in Birdneck Point when
they're building new houses or remodeling or whatever the case may be. That is always
going to happen. But, I really believe that this facility, once it is constructed or once it is
built, with all the things that they talked about doing last night about landscaping and
noise attenuation and things of that nature, it is going to be there. Certainly, there is
going to be activity. I feel comfortable that the Cavalier is going to do what they say.
They have been very good neighbors to Birdneck Point in my period of time that I have
been there, and I see no reason for them to change. I know that this is an issue that there
are pluses and minuses for different ones, but I ask for your support.
Barry Knight: Thank you. Mr. Strange?
Joseph Strange: Our next speaker in support is William Lascara.
William Lascara: Good afternoon.
Barry Knight: We1come sir.
William Lascara: Good afternoon Mr. Chairman and members of the Commission. My
name is Bill Lascara. I am the managing partner of Pender and Coward Law Firm. I am
also a long time resident of Birdneck Point. I live in the house that my parents built on
the 4th hole of the golf course in 1961. I've been a member of the club for 14 years. And,
Item #5
Cavalier Golf and Yacht Club
Page 11
Barry Knight: Thank you ma'am.
Joseph Strange: The next speaker in support is Jimmy Capps.
Jimmy Capps: I've been called a lot of things. Ladies and gentlemen, I live at 940
Cardinal Road.
Ed Weeden: State your name for the record please?
Jimmy Capps: I'm sorry.
Ed Weeden: State your name for the record please.
Jimmy Capps: James H. Capps.
Ed Weeden: Thank you.
Jimmy Capps: I live at 940 Cardinal Road. I've lived there for over 30 years. My home
is on the corner of the 2nd tee and the 3rd green. I'm probably the closest house to the east
of the existing maintenance shed. I'm also a member of the Cavalier, and I've been there
for almost 40 years. I have two points that I want to point out. Most of everything has
been said. But, I attended a meeting last night that the club had for basically
informational purposes. There were a lot of questions about traffic. Well there is going to
be no more traffic there than there is at the existing facility. And we have never, in the 30
years that we've been there, we have not seen traffic be an issue going or coming from
the maintenance shed or the Cavalier, but that is not to say that when they have a big
event, that there isn't a lot of traffic. We've had more traffic when people are mowing
lawns at the neighborhood when the lawn companies are parked in the street. So, the
traffic, while it is always there, is not an issue in my mind. As far as the noise goes, you
hear the normal lawn keeping care that would see. Other than that, we have not noticed
any noise of any great substance. So, while I know there is opposition, I'm here to ask for
your support for this. Again, the club has got to grow. We've got to continue to improve
so we can be competitive in the market place. Thank you.
Barry Knight: Thank you. Mr. Capps? Would you come back? Mr. Horsley has a
question.
Donald Horsley: I have a question.
Jimmy Capps: Yes sir.
Donald Horsley: What type of traffic comes in and out of there? I was told that you were
going to have a bunch of I8-wheelers?
Item #5
Cavalier Golf and Yacht Club
Page 10
because their property value is contributed to the waterfront location down at the
Oceanfront. Also, it means those people are across the road and many houses down.
Everyone has a right to their opinion. ljust want them to know that the economic
dynamics of the neighborhood are unusual in that many of our properties are tied to the
golf course and the upkeep of the club itself. Thank you.
Barry Knight: Thank you sir.
Joseph Strange: Our next speaker in support is Janet Ogren.
Barry Knight: Welcome ma'am.
Janet Ogren: Thank you. My name is Janet Ogren. Thanks for the opportunity to share
my thoughts and feelings. I am a 15-year resident of Birdneck Point and a member of the
Cavalier Golf and Yacht Club. I have a unique view of this because I live 100 yards
directly behind the present maintenance facility. I've lived there for four'years at that
location. In the four years that I have been there, there has never been any issue
whatsoever in regards to the noise coming from the facility. I actually extended an
invitation to anyone who wants to witness what I see every morning to come and sit on
my deck. You can verify that for yourself. When I moved there, all storage for the golf
course as well as all equipment is housed in the current facility, which is undersized. You
can see that if you're looking at it every day. The men that work there are quiet,
considerate and courteous, They keep the golf course and the other public areas looking
beautiful. They also maintain the fine interest to our neighborhood, and have helped our
garden club in offering their guidance and facilities on numerous occasions. Even the
folks that might object to the moving of the maintenance facility have to agree that the
main reason wJ;1y they moved to the neighborhood was because of the beauty of the golf
course. I would actually prefer to keep the facility where it is. It is a good neighbor. Any
activity that I see there is over by mid-morning after all the golfers. They got to play golf.
And there is relatively nothing going on there on the weekends. But I know that as a club
member, we have to remain competitive in today's market. We have to attract young
families. The current fitness center that we all share at the main building is less than 20
feet by 20 feet. And, those five or six, or maybe more us, working out there, lifting
weights at the same time. We're cramped. We need to expand. The pool is over 50 years
old as well as the fitness facility. The pool house has two toilets and two showers that
have to service 100 kids on our swim team. The proposed expansion, and you know the
club has tried to do it for years. We've heard that the land in years past behind these folks
has not been attractive. It was used as a dumping ground for lawn refuse and so forth.
The club has done extreme measures to make everybody happy and the always will. So, I
ask you to please not just let a few folks who may have unfounded fears about this
building prevent you from approving this. I would love as a swim mom, would love for
the kids on the swim team, over 100 of them to be able to practice in an updated pool
before my ninth grade swimmer graduates from high school. Thank you.
Item #5
Cavalier Golf and Yacht Club
Page 9
all one area. It is a symbiotic relationship. We live off each other, and we gain support
from each other. We gain values from each other. So, the growth of the club is
dependent on us being able to improve, attract new members and making our club vibrant
and the best in the city. No disrespect to any other clubs if they happen to be listening.
But it is important that we are successful for the success of Birdneck itself. So, with that,
and you heard some before me and after me, I think the care that we have taken, and
everything that we've done there, because it is important that we work together, that I ask
the support of the Commission. Thank you.
Barry Knight: Thank you Mr. Flax.
Joseph Strange: Our next speaker in support is Tom Atherton.
Barry Knight: Welcome sir.
Tom Atherton: Thank you. I'm Tom Atherton. I am a new resident of Birdneck Point but
I have been a member of the club for about 5 years. I do have a young family, Three
young kids and I have been looking forward to this expansion for some period of time. I
don't want to say too much. A lot has been said. But, I will echo one thing and that is
that I do fear that if young members like us are discouraged by the fact that were not able
to expand where we intend to, and in doing so, would need the center moved to this point,
that the club would deteriorate. I think that would be a terrible thing for the
neighborhood. A terrible thing for the Beach, and again, I hope you will support it. I
thank you for that.
Barry Knight: Thank you sir.
Joseph Strange: Our next speaker in support is Chris Zetterwall.
Barry Knight: Welcome sir.
Chris Zetterwall: Thank you. My name is Chris Zetterwall. I'm a resident of Birdneck
Point, and I live on the 3rd hole of the golf course. The two points that I wanted to touch
on is that the composition of the neighborhood is a little bit unusual and that the vast
majority of the homes are either on the water or they're on the golf course. So, the value
of the properties are really dictated by two separate pieces of criteria. By living on the
golf course, my biggest concern is that my property values have gone up over the last
three years that I've lived there. A big part of that is the obvious allure of the golf course
and that fact that since it is always in pristine shape and is a huge amenity to the
neighborhood. The relation of the agronomy center is absolutely crucial for the
redevelopment of the club. The financial success that it would take to keep the course in
the current shape that it is, maintain my current property value, while I respect all my
neighbors, and those that are opposed to it, the vast majority of those live on the
waterfront, who would be less affected should the course not be kept in such great shape,
Item #5
Cavalier Golf and Yacht Club
Page 8
course that is already being used to hold supplies, mulch, sand and things like that; so, it
is not like we're completely changing everything. I think it is very important, as John
pointed out, that we are very competitive. Our club is a business too. Bayville has just
done a big expansion. Princess Anne has just done a big expansion. We have been trying
to expand for four years. The biggest problem that we have is room. I know that my
property value on four tenths of an acre just keeps skyrocketing; so, it makes it
impossible. And as John pointed out, there aren't any alternatives. We already tried
buying other pieces of property and looked at other places to put this. So, I think it has to
be done, If we look at the big picture, we're seeing clubs in Chesapeake that are going
out of business.
Ed Weeden: You have 45 seconds.
Jack Mellon: Thank you very much. You can see the neighborhoods in those areas if you
have ever driven through some of those areas that are just deteriorating. I'm afraid that is
what is going to happen. I have very much respect for my neighbors. I think that in the
long run, when the project is finished, they will find it is very unintrusive. Thank you
very much for your time.
Barry Knight: Thank you Mr. Mellon. Are there any questions?
Joseph Strange: The next speaker in support is Ted Verfurth.
Barry Knight: Welcome sir.
Ted Verfurth: Thank you. My name is Ted Verfurth, and I live in the neighborhood for
about 16 years, 14 of them were on the golf course. I would just like to say that the
neighborhood has been a wonderful experience for me and my family, By having the golf
course there, it increases the value of the home, and it is our pleasure living in the
neighborhood. Also, I have two young kids and a wife who won't play tennis. Youth
facilities there on the swim team, and anything that improves the club, it will help
improve the enjoyment we have in the club. I would like to ask for your support for this
so the club can improve itself and improve it for the members.
Barry Knight: Thank you sir.
Joseph Strange: Our next speaker in support is Joel Flax,
Barry Knight: Welcome sir.
Joel Flax: Good afternoon. I'm Joel Flax. I'm the current president of the club, I'm
here to support this application. I think it is important that as being a member of the club
for 15 years, and a resident of Virginia Beach since 1979, that the Board and the members
there always try to be a good neighbor because it is not the club. It is not Birdneck. It is
Item #5
Cavalier Golf and Yacht Club
Page 7
Not only because of the neighbors. It is a very friendly neighborhood. There are great
people who live there, and a lot of things that go on. But the main reason is because of
the Cavalier that brings a lot of it together as well. The greatest neighbor that Birdneck
Point has is the Cavalier Golf and Yacht Club. They are very meticulous as to their
grounds. They are very concerned about the folks that live there. Every project they have
done has always been first class. We renovated our golf course. We went from 80
percent runoff into the Bay going to 20 percent runoff. We started filtrating 80 percent.
We've become a bird sanctuary. Where you have a clean marina, and we were the first
one in the area to do that. This facility built will be the same way, There will be a first
class facility. It will be run properly. It will be no different than what the neighborhood
experiences today. From the facility we're looking at, they will not experience anything
different other than just the location of it alone. The greatest neighbor that our
community has is the Cavalier, because I can tell you, because I served on the Board for
six years. I had the pleasure of being president for two years. No concern that a neighbor
has brought forward to that club has gone on deaf ears. We have always looked at it.
We've always tried to accommodate, and we have done the same thing in this, in our
designs that we have put together for this. We have tried to accommodate the neighbors
and impact them as little as possible. Will there be some impact? Yes. Obviously. But,
we have made it as minimal as possible, and as empowered as possible. We need to
move this, as we said earlier. In order for us to do future expansions or in order to keep
the club alive and keep the club vibrant, if the club were not vibrant, that would be more a
detriment to this neighborhood than anything else that could ever happen to it. So, I do
ask for your support today. I appreciate the time. Thank you.
Barry Knight: Thank you. Are there any questions for Mr. Napolitano? Thank you sir.
Joseph Strange: . Our next speaker in support is Jack Mellon.
Barry Knight: Welcome sir.
Jack Mellon: Thank you. Good afternoon Commissioners. My name is Jack Mellon and
I'm a resident of Birdneck Point, as well as a member of the Cavalier Country Club. One
of the reasons why I moved to Birdneck Point was because of the club. I waited until
they renovated the golf course. They did a beautiful job. They spent over three million
dollars doing it. I live in the middle of the 13th hole, and look forward to the Ith hole.
So, I see all the way through. In front of me is a rest area, and a coke machine, which is
what you typically see on a golf course. I really do understand that my neighbors have
some concerns of having things that are going to be different in their yard or a view from
their property. I have a friend who lives at Heron Ridge, and he was unhappy after the
block that he bought in, they decided to put the maintenance facility next to it, but they
did an incredible job of building a wall and put great big cedar trees in front of it. The
only way that you can see that maintenance facility is when you're standing on the 14th
tee, if anybody has ever played that course. I think our club is trying to do the same thing
by making this as an invisible as they possibly can. It is an area in the heart of the golf
Item #5
Cavalier Golf and Yacht Club
Page 6
John Milleson: This first one is taken from about right here.
Ed Weeden: Could you return to the mic?
Dorothy Wood: You have to get back to the mic Mr. Milleson.
John Milleson: This was taken from right about this position. And this is right behind
Mr. & Mrs. Gibson's house. And it looks back towards this way. So, it sees this side of
the building and a little bit of the backside of the building. This view is from across the
street over in this area. It is on our property. This is the fifth hole, which is an 18,500
square foot green complex. And, it looks across towards the material bins that you see
today, and also it picks up the edge of this building and this building. There is an existing
restroom out here. The rest of it has been heavily landscaped. We planted about 50 trees
since we've put those material bins in, both pines and wax myrtles, This view, which is
probably the closest view of the renderings, comes from the Whitfield's backyard right at
the property line. It picks up kind of a parallel dissecting of this material bin in the
background, and this office employee area, and then the mechanic area, which you see
looks down the side of that building, And, as you can see in the illustration, depicts the
landscaping plan that we proposed. And, just to mention that I am also willing to
consider any recommended landscaping.
Dorothy Wood: Do you have any, sir, of the Summers? Because, I know they say they
are very heavily impacted.
John Milleson: Can you repeat that?
Dorothy Wood: Mr. & Mrs. Summers told me that they were very heavily impacted by
this. Do you have anything that would show what it would look like from their backyard?
John Milleson: Well, the last depiction doesn't show from their actual backyard, but they
will be looking at this structure here immediately right behind their house.
Dorothy Wood: Thank you.
Barry Knight: Are there any other questions of Mr. Milleson? Thank you sir.
Joseph Strange: Our next speaker in support is John Napolitano.
Barry Knight: We1come sir.
John Napolitano: Good afternoon. My name is John Napolitano. I am a lifelong resident
of Birdneck Point. I was born and raised there, I couldn't wait to get back there once I
got old enough to move back into the neighborhood. RJ. sort of alluded to it that
Birdneck was a great neighborhood. It is the greatest neighborhood. Let me tell you why.
Item #5
Cavalier Golf and Yacht Club
Page 5
Joseph Strange: Speaking in support is John Millison. The General Manager of Cavalier
Golf Course.
Barry Knight: Welcome sir.
John Milleson: Good afternoon. Thank you for time to spend with you today, I'm John
Milleson. I'm the General Manager of Cavalier Golfand Yacht Club. I've probably been
serving the members of the club for the last 6Y2 years. I'm no stranger to club business.
I've been in for over 25 years now, and recognize that the needs of a healthy and vital
club is to be able to meet its membership's needs and growing expectations, We are a
family club. The need for growth in that family section component of the club is to
expand our pool facilities, which are 45 years old and frequently in need of modernization
and snack bars. There is a need for wellness activities in a club our size and composition.
We look to, in the future, to grow that facility in the location of the current maintenance
facility with some of these improved facilities and amenities for our members. I'm very
pleased that I have the ability to work with my golf course superintendent Mark Hill these
6 Y'2 years. He has been serving the club for 31 years as the club superintendent. He is
very meticulous in caring for that golf course, as well as the neighborhood. He is very
responsive to the members of the neighborhood's needs and concerns. We successfully
renovated and fully restored the club, which is 80 years old five years ago, We came
before the CBP A as well as the Planning Commission and Council to gain approval of
that operation. And, we are now operating with great capacity, and great conditions. We
find it more difficult all the time to maintain that course out of a very old and constrained
facility.
Ed Weeden: Mr. Milleson ? You have 45 seconds.
John Milleson: Thank you sir. Mr. Nutter had mentioned the type of equipment that goes
out on the course each day. It is similar to this in the early morning. We mow greens
every morning at 6:30, We walk behind mowers. We don't ride mowers on our greens.
We take great care and concern for our greens. We have just purchased electric carts like
this. Right now, they are gas. They have improved the carts. We're going to have
electric carts in the future to even lessen the noise levels. But, just like to say that I am
extremely responsive to our neighborhood. I feel part of the neighborhood. 1'm a life
long resident of the Hampton Roads area, and I enjoy my drive everyday to Virginia
Beach to come to work for this fine club. Thank you.
Barry Knight: Ms. Wood has a question for you.
Dorothy Wood: Mr. Milleson, I enjoy the images that, I guess they're computer
generated images since the facility is not there. Could you please tell us where and from
what area they were taken? Where is the computer looking? Could you please hold them
up for us and show us? I don't know if they're from Oriole. It is really hard to tell.
Item #5
Cavalier Golf and Yacht Club
Page 4
Ed Weeden: R.J., you have 45 seconds left.
R.J. Nutter: Thank you very much. In addition to that, I will show you some photographs
that will show you the depiction of what this would look like from different angles
around the property. We did show these to the residents of the neighborhood meeting the
other night. I have them here available for you so you will get a good idea what these
buildings will look like. This is a good depiction. It was taken from a scale model of the
exact building where they had landscaping added to match it exactly. The fencing and so
forth like it was added so you get a good depiction of what this will look like, Now, I'll
be happy to answer any questions that the Commission might have. I tried to give you the
bulk of this application as quickly as I could.
Barry Knight: Are there any questions at this time of Mr. Nutter? Mr. Bernas?
Jay Bernas: Could you help me a little bit more with the history. I understand that this
came up a few years ago at a different location, What happened with that?
R.J. Nutter: Actually, there were two different. Mr. Bernas, there was an application
filed about 4 years ago for a site near Laskin Road on property the club then owned zoned
B-1. It was off of Oriole Drive. There was a lot of opposition from the residents right
around that facility. The club withdrew that application, and eventually, what happened
with that piece of property was that it was sold to a developer, who then was going to
develop a condominium development, which was approved by the City called Near Post.
And, that application subsequently resulted in the City buying that property. There is a
lot of history there. I don't want to go through it, I believe. The City bought that property
back and the club sold it. I will tell you that when that happened, the club then filed to go
to this location about a year and half ago. Had at that time, larger buildings, both in size,
as well as in scale. They had two story structures to look like homes. And, we heard that
was too big. They were too close, Make them smaller. Move them back. They didn't
want them there in any sense, but they didn't want them that big. So, we did this, and
also during that time, we went to the City and tried to reacquire all or portion of the
property that the City had purchased from the developers who were going to build in their
first development, with the developer who did the rezoning, I'm happy to tell you.
Nonetheless, that request was denied by the City Council in October of last year. The
club then met again with the residents right around to say they had looked at the other
location, and they would have to come back to this location. That is a little history of
how we got to this particular day.
Barry Knight: Are there any other questions of Mr. Nutter at this time? Thank you Mr.
Nutter.
R.J. Nutter: My pleasure.
Barry Knight: Mr. Strange?
Item #5
Cavalier Golf and Yacht Club
Page 3
plan? Thank you. This is the site plan of the area right in here (pointing to PowerPoint).
It will be an accessed by a paved area that will come off of Kamichi Court, and into a
fully enclosed area, and I hate to say compound, but a small area, right here. It consists of
the storage bins that I just noted for you, and you saw on the van trip were located right
here, and three buildings. There will be a maintenance facility, a storage facility, and an
environmental building. All three buildings and the use of this property are common to
all golf courses. They're the same uses that occur. There are maintenance facilities on
the Princess Anne Country Club. In fact, they are larger facilities on this particular club,
These maintenance facilities were designed after USGA standards. In fact, they're just
under the U.S. size recommendations for a club of this size. But, to give you some idea,
this is a very common use. It is accessory only to the club. Not open to the public. And,
it is a use common to other clubs throughout the rest of the city. These facilities right
now, you come in here, and by the way, the only truck delivery that is going to occur here
is going to be largely to load and unload this facility, the storage bins today. The rest of
this is going to be accessed by either vehicles for the employees who will come here or
the, I will show you a second a photograph. Mr. Milleson is going to show you a
photograph of what you may call a gator -- Mr. Knight, almost like a large golf cart, that
and the lawn equipment will be stored and maintained here. Now, the access to this
facility is only from the inside of the facility. There are two access doors here for the
maintenance facility and they are accessed only here. There are six doors here to the
storage area only. That is accessed only here. The exterior of these buildings here, here,
here, here, and here are all completed enclosed. There are no doors that open to the
outside. The only windows you see in the elevations that we've shown you are full
windows along those sides. They are only a residential component to these structures.
And, I say to you in addition to that, they will be fully enclosed on the inside as well.
There will be sheetrock over them so the glass won't contain these down, In addition to
that, the club has put in one-inch thick foam insulation, in addition to the typical
insulation that you would have on interior structures. They're putting in a one- inch foam
insulation to further reduce noise inside the maintenance facility right here. In addition to
that, these facilities, this facility and this facility, are fully heated and air-conditioned.
They are fully conditioned space. The reason for that is that frankly, those doors can be
kept shut. And during the summer, when the highest use will be done, and when it is cold
in the winter and warm in the summer, some of them will be fully condition, so those
doors need not be open. If I could go briefly to the architectural, I'm going to keep
moving forward here. These are the elevations that we filed. They are a one-story
building. They are brick structures. They have a mansard roof and the air conditioning
equipment is stored inside the mansard roof area to cut down on noise, and not be visible
from the outside as well. There is a landscape plan that is filed with this that you can see
is depicted here. The building heights of these, the first floor feature right here is about
10' 6". This feature is 15 feet tall and this feature is 8 feet tall, to give you some idea of
the height. Just like the single-family homes around them. In fact, these are a little bit
lower than that, because they don't have full peak roof. To cut down on view, they didn't
want to reduce view impacts. They wanted to reduce that as much as they could,
Item #5
Cavalier Golf and Yacht Club
Page 2
in 1930. It was owned by the owners of the Cavalier Hotel. The same owners that own
the Cavalier, owned this facility. At that time, it was used as a part of the recreational
amenity for the Cavalier. They could either play golf. They had tennis of course, and in
addition to that, it may surprise you to know, that they had duck blinds and duck hunting
activities out here. If you could, imagine someone shooting a gun in and round Birdneck
Point today? But all that has changed over time. The club purchased this property in
1962; so, the property that is in question has been owned by the club for over 40 years,
and they have maintained it. They have done an excellent job by virtually everyone's
standards. And, having done that, what they are proposing to do, like any property
frankly, that has been owned by anyone for 40 something years, there are going to be
changes and modifications as we go forward. I would venture to say that the City's
Municipal complex, the same property has gone through a number of changes in the last
40 years. I've witnessed them for the last 25. And, there are always new buildings, new
structures, new something that is occurring. Residential areas have changed during this
time. Many of the homes in Birdneck Point have had additions to them, changes in
ownerships have resulted in a need for changes in bedroom alignments, new porches,
different fads came in, and in many cases in Birdneck, as you are probably very familiar,
homes have actually been demolished, and new homes built on these same properties
today. So, change is part of that, and modification and upgrade is all part of any property
ownership venture, and the club is really no different than that. It owns 100 acres
thereabouts. In the center of this area, it is part of the value, it is part of the reason why
people want to move to this area. Having owned it, what they propose to do is really the
same exact same use they're doing on the property today. They currently maintain the
property on property they own. That facility is now undersized. It is pressed for more
space, The club itself wishes to, in time, expand onto the area where toe maintenance
facility is located. So, to do that, they propose a new maintenance facility located on the
property as you see right here. We'll show you a site plan in just a second. It is basically
located right in here (pointing to PowerPoint). That property and the use of that property
is a use limited to the club, This is not available to the public. You can't go in and store
your equipment in there. You can't maintain your equipment there for the public. It is
solely for the maintenance of lawn mowing equipment and gardening equipment. There
are no trucks being maintained here. There will be no golf carts maintained here or stored
here. I want to make those points clear because you may have questions about what
exactly is going to be happening here. This, again, will not be opened to the public.
None of that will be happening. It is solely for the storage and maintenance of lawn
equipment for the club. This is the same location, and we're actually going to let the club
use it today the storage bins for the materials for the club. The mulches, sand, topsoil,
different types of dirt, and some small aggregate, as well. All that is stored in the property
today in bins. Prior to the bins being constructed, those same materials were stored on
the property at the same exact location we're talking about today, frankly, in little untidy
position. The bins were added, I believe, two or three years ago to clean this up that I'm
showing you today. But this was pretty much how it was done over the course of the
years. This was probably in affect for about 15 years prior to bins being installed. The
bins today are part, and they are in an area within the compound. If I could, go to the site
Item #5
Cavalier Golf and Yacht Club
Conditional Use Permit
South side of Kamichi Court
District 5
Lynnhaven
May 9, 2007
REGULAR
Barry Knight: Mr. Strange? What we've all been waiting for?
Joseph Strange: The next application is item 5. Cavalier Golf and Yacht Club. An
application of Cavalier Golf and Yacht Club for a Conditional Use Permit for a golf club
maintenance facility on property located on the south side of Kamichi Court,
approximately 300 feet east of Cardinal Road, District 5, Lynnhaven, with six conditions.
Barry Knight: Mr. Nutter? Just a minute please. Don't start his clock yet Ed. Ladies
and gentlemen, we have Cavalier Golf and Yacht Club. All of you are very well versed in
what you want and don't want today. The applicant's representative has ten minutes to
speak. Also, three minutes at the end to rebut. Everyone for the application will speak
next. We're going to try to hold you to your three minutes of allotted time. Then the
opposition, their representative has ten minutes to speak. And, anyone else in opposition
will have three minutes to speak. And, we're going to try to hold you to your time limit,
if we can, and give you a chance to finish up. We understand that this is a very sensitive
issue in your neighborhood, so we're going to try to keep a nice sense of decorum, if we
could. So, I would like to get that out there, so we can all be respectable of each other.
Welcome Mr. Nutter.
R.J. Nutter: Thank you very much. Mr. Chairman, members of the Commission, for the
record, my name is R.J. Nutter, I'm an attorney. I have the pleasure of representing
Cavalier Country Club on their application before you today. Before I get to some of the
details of the application, I would just like to begin by telling you a little bit about the
club because you're going to learn, by the end of the day, a lot more about Cavalier
Country Club than you may would of wanted to know. But most of it, in fact all of it, in
my opinion, is very good. And, while they're disagreements, there is a strong belief that
they probably live in probably the best neighborhoods, one of the best neighborhoods in
the city, and they just want to maintain that. The club has the same exact sense that the
residents of Birdneck Point do as well. Having said all those things, let me also say that
we appreciate staff's very hard work on this application. Faith Christie, Jack. Karen, all
have given an enormous amount of time and effort to make sure that every question that
we could be opposed to was answered, and they looked at this completely objectively.
Weare, therefore, delighted that staff has recommended approval of this application.
Staff has proposed six conditions. All six conditions are acceptable before I get to the
rest of this application. But, first a little bit about the club itself. The club actually began
Board of Directors
CavaUerGotf'& Yacht Club
John C. Napolitano No President
Ron Fot'esta- V.P.ot Administratron
Hobert LYoung - V.P, of Operations
Joel Flax - Treasurer
Michael Hechtkopf,..-. Secretary
CharlesRMalbon, JL
Susan Re:ed
Edward Ctexton
Jimmy Savin
Delbert M. Corum
VI/fley Mit:cheU" Jr,
William Lascara
Jack Griffith
John R Savino
Ted M.Wme
S. MHleson. Sf. - COO/OM
Carol vVhltrnirB - ControUer
DISCLOSURE STATEMENT>.:',
....
. . ...., . , . .
" ,
. '.. ,'. ....., , ,.........-...
CAVALIER GOLF ANp::Y~CHTq~UB
:(:~gen,d~~~'~t~ .
~
1;1
I;~
r~~"l:
::: .~
@l
(t-
:I::~
::::~
\:!i~
:,dci ,I
~:: t:::,' '1
~:;~ :
~" lit
ill
;::;: :t:
.:~~ -~.:
.~~:' ",:.:
:~:; :*i
~:: 1~ ';j~
I
~
I
~
~
~
I
/{ ~;:~.
.::;:, .-;.;:>>
.~~;~: .
~::::: .~:~ r:,~:,'::,~.:,~:'
;.;.:.' ;:~
iii,*-
~~$: ~:~. ;~..
ifU
:~,Kt ,,,
in;
sill
{:.;.;.;.;.;.;.;.;.;.;...;.;.;.;.;.;.;.;.:....................
:: : :~?
: !ll t;:;
: : ~::: 1: ~1:
,~, ~: +.~,j.:. -:''' ..
. i ,~,:;
1 ~:f: ..);: t
; ~ t~ ~~'~ it
i i.~.~:~
~ ~ if;" ~r~', :_~;;~
. .~ . :." .,. .....
1 :~ .... ~:J ~wt
h~ .1: I:~ ~~!
II!i IU~
j: :,~~~; :~::.:
<.> ;;::"",.
"fr :~~~ :~;;.
.:::::::::::::::::":":'
@
~-:. ~<o
.. ,. ~r ....
:~r~ :~~ ~:
'{:.:
::-:-:
".;.:.
~::. :-'.: *;;
.:C:' . :" .
l -:~~ ~:~~,:; ~{
:.,- ~i,1: :~; .~
~i0' :~t :j~. ~~ 1~;
f: .:,r,~,:,. i:;:::: r ~.
'~::t :;;,H;;M
:-X .:;::.
l}:;
~ ......
t:{,
.;,:0.' :~
~~~:
",~:' , . "'1,'
p
*,:~ ~
~
~
~
~
I
I
I
~
~
~~
~
I
~
~~~ - ,~~~ ill w.
':~:: :w '-*: =;::.'
f~ '!~I ~.
;:~ ~..:;: }~,~,:':ill,
:~ . r
,,':. '::~~;. \~;: ~:~.
...::: ~~:'_:K.~
1[.~,t "!f1.~ ;~
Iii!:
.~~ .~::~. r~: ij -i
!:.j }~.~.:i
iiliii:'
~::::
~::!i!
::
.....
;:;;:
~: :,..
tj
.,;.:.
~;;:
*
....;.
~:
11
..'....~~.......'.'n-:..
. ,
~~:
..:-:
3r-:
~;~
;?;
~::
.f
?
I!'
~
~
:^'
::$:
~...,
t
.;.:-:
;::.~
~~ '~:~,
n- ~~ ..t
~~:-. ~:. ~~ .~;
111111 !
.:.:. :';;:'. .:~'
~:~ S::' :;~ (",:
~.
g~
.~
. ". ..
I:""':t, ~i.:
Il~; 'i~
j~~:)~ 'f::
~
.i~q~, @:~
~'..." ,,:';'
'I~i ~ '11: ,t':~'l':
'oX"_ :;." :<".,:,.,.." ,...;:::
~i:~I~i .,
l ,q,>'.... ~..
'Ill!
:z: .::','; ,...... ..-:-.'
':;' :7' .>.:~ ;.::
.~i.: J;,:':::: ~~.
.~:~: :~:
Ii}:.:
inl
~ '2';~t
1~~Ji'"
'r.~ 'j~::
.~; -~j
l~ai:
.~ '" f::
:: :t:: ::::::
In
:~ -s -:f' ~~
,: ,o.qq.
:;........,.:.:.:.:.::::~::~;::~:;;.w.tJ ;L:.:.:............,.,...,...~......i: """,.:. .at:. ::..
..:;'
I:
<->
~~:
::-:.
~.:..;.:
~~ :x
~.,~:,
i1= ~:~
'x:: ~~:
. .... '~
~~~ !:
-:':::' ....:
-:':'- :".:
.... ::-:
,ii,'. .:.'
;- :~:
.K
;::~. :r
/::.~;
-:'.':' .:.:
;,'.'
"
.1:
......................................... ;;:'';.
.,'"
,~i
-:t::
0(.:.
~i'
};~"
~::
!:::.
::;'."
;i: :~:
::::;: ::::
.::-::: '~:1
:-:' ....'
:....'0{..
.;~r
:<::'<<
:r"~:
;;f~:
......
..;.:
~~.
',."
t.
::~:
i
~
~
~
:J i
. ,:.: ~
"':"'1
...;.:
,
~
)
t
I
:::
Iii
:::.
:~.
:~;, .
.:;'
"," ....... n" ....,.
CAVALIER GOLF ANP:Yf\CHT<:{~UB
:d/\gendalt~[t.5
. .....~R~~:;),9
Yacht Club
"
CUP for Golf Club (Maintenance Facility)
There are no recent Rezonings or Use Permits in this area. The existing subdivision and golf course were
platted and recorded in the County Clerk's office in June 1926, with the golf club opening in 1930.
ZONING HISTORY
,. ..
.. .,.
, .
CAVALIER GOLF ANp::Y~CHTqkUB
):i\$~?d~~~.t~,..., :
,
iiJ 1 ~<l :
" :1 '
~i:~i
it: ;i,:
Qj ~;1
-:~:", :{~.;.
4.:.
-4..
,:2.' i
: \~. ;
!, ~:,)ll
. \',. ~
i:tf~
I i
~il'.:
l~u i
: ~~:
iA:
:.;i;: i _"..
I~it
~
I
l
~
. .~.; :
~:~ "'~'
"<l;- ~i\ ~:'~~
"1'\ .~,\>.
, ' '-:'-.; ,..
',~'\ ,.;.. .~..
;;:-:~ ~?~ d\
,..i:
t::.
~.
{~
J, ~"<'
....
~,J~ ~
:~ N
\~ ~
.i: ~ -4
... ii.
~. ~
,....
"
;~ j
\)
.. ,S
\~
~'.:'\
:v
.t:;
,< :()
?~
.....:' :.;~
....:
.<~ 11l
;...~ ,i~;..
i-:-)
,.'
'"
i: ~\i
..'\
V' "
\.:~
- ..,
.." t
.... .~
tf .~~
')' .f~
""
!~::~
:..'~ .~
~....:-
. ~.;.:-
.:/ \!~
-<!
'.:~
it
r~
': .....\.......~"'.....fA..
}'" n')
i "''''v.,...,l~:'' "-
;
'\:..~~.::'::::;"..... ,I
....
<'""\
t:.J
I
i
i
i
i
j
/~... /"'v"....~. ;
/""'''', 1~~r:X":""'\,[...._"", i
! t\ ~r7~~~-~"~~'::r~d: ..'~: } 1
, .. l " ' ll. , " < I '''\;;;A:'~~'' i
":,.::::::::::::;~:<,~,~:.:,~.:.j:::::::::::,,.:?::1.:~~,,:>::~~;::::.,::;':::!~~:': i.-
L\;"''i'lr~" Ii ",
"~kJ() !
i~ i
"".'''.''".cc.'.'''.''''''''.'''",,,:,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,(t~' !
11:-.....,[ , i
.....~...4<;;;:~.::.~ /
::..y~} J
IFf 4
r'c'cc"'"c"'c'~!'L I
, I .~.,., .~ ',', ..".l
! ~ :' ~.,:" .... ,.~:. '~."
, I : "'~'"i '
i,r~~:::<:'1 .
i' /: ,'~'~..~ ~;. \
II {. :,I.t, ~;,;~' ,
1:::::,:. i:::!::::, --"
"\.:",i.' ..'.\J \
: K::';i", ~~ \
U==,~;;~~\/fJ1\ .
l',.(l' ,j rr,y _, \1
'''-l>'-''C,.}~', ,<,
<,<,.[:;f~:;~t~:~r",.:;:l~::-t':.f::~:~~r-"."'- ..-
....J( -".", 1 '.."{/ ",~ ,r;'f"'"
'.'~ ,;j"' ~\f";.,,:; .~'..fo4o ;-~.,..:../J"~r.:~~~::/...:,,)-i
.!,;"\,- ~JrH~,( ~t' "(: ::.....}~.:.:~~~..""':')/ .~:.o. :\,.<r:';~ ~
I, ."1'''' ....'~< ,/v,.,''<.... < '~<::t:" :,' l
''''~ <"" 1!~1~;" '~'~~~A t ' }"'-t"-~T:~':"-~.).\:;} i
-" --, " ......,.(;,,"'! j '\...,...",~,- 1
....,1r:k.....,..~~f....'-..."' ,~r;y....'-~./, .'r'>"' t
f,' .,-r:, ': ;, .,./ ~ , 1,' I
''"....,~:~ ), .f
. t.;) ""-"-""
~\-
.f
..,
........
(::
...
1'"
...
..
PROPOSED PLANTING P.:LAN:
CAVALIER GOLF ANO::Y~CHTq~UB
J\gendalt~Q1S
.p~g~A4
.. . , . "
,. , . ' .
... ". .-
..... '" .
'." ,.'. -", ,.,.
" . , ,
.... " . ."
, , '
, ..
"." . .-....'
. , ...
. .....,....
CAVALIER GOLF ANP/Yl\CHTq!+.UB
::AgehdaJt~~.S
... .F>:?~~'::~:~
. - "...
. . .... ..
"
. .... ....... .....
CAVALIER GOLF ANP:V!\CHTPIUB,
)Agendalt~g,. 5
. 'P8g'~::12.
.. ... . .
. . . . . . . . . . . . .
. . ,'. ... . .
. ...,..'.. .
CAVALIER GOLF ANp':Y~CHTq~UB,
;~end~,4tl~ .
. .... .....,.'..;.......
....-. .. -..
. ., . '. .' ....
. .. -. ... ... . ,... ......,.
CAVALIER GOLF ANP(XACHT(~IUB
: Agenda Wi:fu:1.5
. . .'.. .,'..... >P?g~.1.o
. - ....
.. .. .......... .
PROPOSED BUILDING ELEVATIONS
(see following pages for larger
sketches of A, B, C, and D) . .
. - .. .
. ... . . .
-. .. ...
. . -,. .. .,.
. ,-,.
. --. . .. -..."
. .... ....... .........
CAVALIER GOLF ANPi)'f\CHTPi,fUB
:i:Agehdalt~l;n.~. .
.. ".;Pag::e:9
. '::-:'::".:-. ...:......:-.:..
RENDERING OF PROPOSEQ,$ITE,'
CAVALIER GOLF ANO)'!.\CHTy~UB,
.:,t\gendaft~m5
'R~9.~,~
Item #5
Cavalier Golf and Yacht Club
Page 21
David Shepherd: Here is the deal. When we talked to the Cavalier about this before, they
claimed that putting it in the middle of the neighborhood would reduce the traffic. Well,
how do you reduce the traffic on the roads? Their intention is by, and if you can imagine
an airline analogy of a hub and spoke system, their intention is to use this location as a
hub with traffic spoking out to the neighborhood. Well, if they are going to do a spoke,
what do you have to do? In this case, they on the corner of 5 and 6, and if they are going
to use a spoke to get over to 15, is there any golf course property there? No. It is
Cardinal Road, which is the most active thoroughfare in Birdneck Point. So, if they're
real intention here, and one of the reason for doing this is, to move it, to reduce the traffic,
they're going to have to do hub and spoke versus doing a network route, if you can image
in Southwest versus say, U.S. Air. We all know who won that battle. They're going to
have to do a hub and spoke, and as a result there will be significant traffic of golf carts
across Cardinal Road. Does that clarify the issue?
Barry Knight: Ms. Anderson?
Janice Anderson: Mr. Shepherd, did you go over with the applicant these ideas of yours,
these alternatives, and why they would work or why they won't work?
David Shepherd: I talked to Mr. Clexton actually at one of the meetings we had last time.
r raised the question. I said, I don't understand why you can't use some of the existing
space or why you couldn't incorporate potentially a mixed use property, and this was in
my letter as well, why you couldn't incorporate a mixed use property into something that
would accommodate maintenance facilities, and maybe a second floor gym, daycare,
bathrooms and changing areas for the swim team or the ninth graders. I think they could
do all of that, but they just haven't really looked at it. Mr. Clexton's response to me was,
"well, maintenance facilities and swim and tennis and locker, and all those things aren't
really compatible uses that close together." So, I have discussed that with the members of
the Cavalier and with several of my colleagues, who are members of the Cavalier. I, for
one, am not a member. That is a fair question.
Janice Anderson: Thank you.
Barry Knight: Are there any other questions of Mr. Shepherd?
David Shepherd: I apologize. I have one other thing that I wanted to do. I am an amateur
photography buff and an amateur architect, and when I saw the pictures that Cavalier put
together at the meeting on Monday, I felt like they really weren't a fair depiction. I
understand that they're accurate, but they're accurate only if you look at them through an
extremely wide-angle lens. If any of you have done photography, if you can imagine, an
extreme wide-angle lens is much like looking at a peephole in a door. Things look a lot
further off and a lot smaller then they actually are. So, for the Commission's benefit, I
think one of my colleagues can speak to this later, I've done some mock ups of some
actual views. There was a question before about the view from Mr. Toles Summers
Item #5
Cavalier Golf and Yacht Club
Page 22
property. There is a picture in here for that, which is this one right here. So, here is the
before and here is the image from his back property with the maintenance shed.
Barry Knight: Sir. You can pass those around if you like to unless some other person is
going too? That's fine. Are there any other questions for Mr. Shepherd?
Donald Horsley: Yes. Did you show us where you lived up here?
David Shepherd: No. I apologize, I am 820 Oriole, which is right here. So, this is the
5th fairway green. This is the 6th. This is the area where the wet BMP is proposed with
the drainage is going to be put in, so, right here at the corner of Oriole and Kamichi
Court.
Barry Knight: Thank you.
David Shepherd: Thank you,
Barry Knight: There are no other questions.
Joseph Strange: Our next speaker in opposition is Patrick Gravitt.
Barry Knight: Welcome sir.
Patrick Gravitt: Good afternoon. It is kind of a tough act coming after David Shepherd.
So, I guarantee that mine is not going to be quite extensive. My name is Patrick Gravitt.
I live at 1216 Kamichi Court, which right there (pointing to Powerpoint). I've been an
active member of the Cavalier Golf and Yacht Club for over 10 years, and a supporter of
Cavalier Golf and Yacht Club. I thank all of you for having this opportunity to bring so
many of our neighbors together on both sides of this issue. I know that Bill Lascara
pointed out there are a whole bunch of people in our neighborhood that are in very much
in support of this and they all stood. I would like to ask those who stood, those who live
immediately adjacent to the project or across the street from the project, would you also
stand? Oh, okay. That is kind of interesting. It does point out something that I think the
heart of this issue is, and that is we have some serious concerns about locating a
commercial maintenance facility in a residential area in the heart of our neighborhood. It
is going to contain hazardous materials, petroleum products. There is also a parking area
associated with this, with employees that are going to be working out of there. It is just
not an appropriate space for it. And particularly, as David outlined, when there is space
for this area in the commercial area of the club, as it is known now. Where they are
thinking about locating it would set a terrible precedent for our neighborhood. What's to
say that they couldn't buy some property somewhere else in the neighborhood? What's
the next thing they are going to locate there? So, I question that is not something that
should be done. It's represented that this is part of a master plan for the club expansion.
As I said, I've been a member of this club and a supporter of this club for ten years. I
Item #5
Cavalier Golf and Yacht Club
Page 23
have not seen any proposal of a master plan. There has been no formal presentation of
what this master plan would be, and nothing has been voted on by the membership of this
club to approve such a plan or to support and finance such a plan. Quite frankly, I think it
is questionable whether that support would be there. So, they kind of have the cart before
the horse, if you ask me. I appreciate you all listening to us. We hope some reasonable
resolution can come from this. Thank you.
Barry Knight: Thank you Mr. Gravitt.
Joseph Strange: Our next speaker in opposition is Douglas Dickerson.
Barry Knight: Hi Doug.
Douglas Dickerson: Hello. How are you doing? I am Douglas Dickerson. I live at 1204
Kamichi Court. Pat is a neighbor of mine just two doors down. I, myself and my wife,
Mary Ann Dickerson, are opposed to this project. I have been a member of the Cavalier
for 30 years. I have never opposed any capital improvement program. We've built our
house on Kamichi Court 10 years ago, but for all the reasons that have been stated. One,
of course, Kamichi Trail, Kamichi Court, is a very narrow road. The problem with the
trucks in the past that are going to the maintenance facility, they're going down Cavalier,
which is a normal size road, When they make the turn on to Kamichi, it is a very narrow
road. At some points, two cars can hardly get by without slowing down or stopping to
pass. So, when you add some fuel trucks and other trucks that will be entering this
maintenance facility area that is going to be a problem. The other issue of course, I
believe they should keep the maintenance facility as part of the club, With all the club
activities, for them to come up with the idea of putting a maintenance center in the middle
of a residential neighborhood, just does not make sense. So, thank you very much for
your time.
Barry Knight: Are there any questions for Mr. Dickerson? Thank you sir.
Joseph Strange: Our next speaker in opposition is Ernest Johnson.
Ernest Johnson: I've been a member of the club for over 50 years.
Ed Weeden: Sir, state your name for the record please.
Ernest Johnson: My name is Ernest Johnson. I live at 748 Oriole Drive. I've been a
member of the club for over 50 years. I play golf there and I built my house over 50 years
ago. I just don't want to see it. They stole my thunder, the three people ahead of me. In
addition to that, I will go along with them a 100 percent. I don't want to see a tool shed
or whatever you want to call it in the middle of a golf course. That's it. Thank you.
Barry Knight: Thank you sir. Are there any questions?
Item #5
Cavalier Golf and Yacht Club
Page 24
Joseph Strange: Okay. Our next speaker in opposition is Robert Josephberg.
Barry Knight: Welcome sir,
Robert Josephberg: Good afternoon. I'm Bob Josephberg, and I live at 1025 Kamichi
Court. My family and I have lived there for over 20 years, and we've been members of
Cavalier for over 20 years. The Cavalier is a great club. I support them. The people who
are in support of this proposal, all have the best intent and interest of the club. I don't get
it to tell you the truth with your planning staff, is very capable and very professional. I've
been a developer for 30 years. I would never imagine bringing a proposal like to this
before you to build something like this in a middle of a residential area. It is
incompatible. It is at the choice of the Cavalier. There are other places where it can go.
It is up to the club to figure out where to put it so that it doesn't impact the neighborhood.
Our neighborhood also, if you're familiar with it, is really different sections of the
neighborhood. So, the area where this is going is impacting one part of the
neighborhood. The streets are very narrow. We do have to pull over to let cars pass. It
only makes sense that bringing in more employees is going to bring in just their traffic
alone. You got kids, dogs and bicycles and everything less on this street every morning.
I didn't hear one thing from the proposers of this that warranted your approval. I didn't
hear one thing. The club is going to prosper. I don't know if that is an issue anyway that
you should be considering, but the club is going to survive and is going to prosper. They
will find a place to build this facility. The neighborhood is one of the most valuable in
town. It will survive and prosper. It will do nothing but continue to get more valuable.
I'm not concerned about my property values whether this is built or not built. I am
concerned about the quality of life. I don't want to see and hear commercial activity that
close to my house, and in that part of town even if I lived on the other side of Birdneck, I
wouldn't want to drive pass a commercial facility in the middle of a beautiful bird
sanctuary. I don't get it. I don't see what warrants approval of this whatsoever. Thanks
for your time.
Barry Knight: Thank you sir. Are there any questions?
Joseph Strange: Our next speaker in opposition is Kevin Martingayle.
Barry Knight: Welcome Kevin.
Kevin Martingayle: Thank you very much, This is now my file on this thing, which has
been percolating along for quite a while. My name is Kevin Martingayle, I'm a partner
with Stallings and Bischoff in Virginia Beach, and I represent a number of homeowners
who are opposed to this project for the reasons that I will explain to you. The first thing
that I would like to do, and this is primarily for the benefit of the viewing public who
can't be here, folks who show up are handed an agenda. On an application like this it
explains to you what the Comprehensive Plan is for this area. That is sort of the rule book
just like golf has rules and rules of etiquette as well, that is inspirational. Planning has
Item #5
Cavalier Golf and Yacht Club
Page 25
rules and there are a lot of etiquette rules. Some things are fair and some just aren't. I
haven't heard anybody talk about how this fits into the Comprehensive Plan? That is
because, it doesn't. I'm going to read to you what is contained in here. And, as I said
before, this is primarily for the viewing public. We had hoped to show slides for a video
or something, but I understand that is not allowed. Here is what is says in this document.
"The plan states that the objective of the primary residential area is to protect the
dominantly suburban character that is defined by the stable neighborhoods of the area.
The land use planning policies and principles for the primary residential area focuses
strongly on preserving and protecting the overall character, economic value and aesthetic
quality of the stable neighborhood located in the area." This application is not consistent
with any of those things. This is a very established and stable neighborhood, but this
application doesn't further that at all. Under the section that says evaluation, it explains
that this plan or proposal for this maintenance shed to be located in the middle of the
neighborhood is "part of an overall improvement plan to upgrade the existing clubhouse
and tennis facilities located on Cardinal Road." So this is what this is all about. So, now
we've gotten out of the way of the initial rules, which where we all should have started.
We talked about the alleged need is. I need to echo something that was argued to you
earlier. This is clearly a want. This is clearly not a need. Number one, it is not essential
to the neighborhood, This is an exclusive private club. What does that mean? That
means they don't have to take everyone who applies for membership including people
who live around there. This is an exclusive private club. That bears repeating over and
over again to make sure we know what that means. This is not a public asset. This is not
a public facility. This is not a public club where anybody and everybody is necessarily
welcomed. This is not essential to the club. You haven't really heard argued otherwise.
In fact, there was a very important admission that was made earlier to you, I think
unintentionally, but it was said by Mr. Milleson. He was explaining to you that some
years ago they came before you with some various requests. They had to get certain
approval for certain things that were done. Now, as a result of the nice improvements and
renovations at the Cavalier, things are great there. He said they're operating a good
capacity since the renovation. So, where is there any claim of distress at the club? There
isn't a claim of distress, and I can assure you that is not what they're telling perspective
applicants or people who might want to join or they want to join. The club is doing very
well. In fact, is the health of the club that is driving this they want to expand and get
bigger but this is not a situation of some type of financial distress. They had other
options, and you've seen the drawings that were put together by Mr. Shepherd. They
could move this facility all different ways and configure different things on their own
campus precisely as the Princess Anne did. The Princess Anne had a multi, multi
million-dollar improvement and renovation and they configured the buildings out be it
"snuggly" all along campus. What's going on now is the Cavalier for selfish financial
reasons doesn't want to occupy that valuable main campus real estate with a maintenance
facility. Who can blame them? Of course they don't want to have that valuable land
occupied in such a manner. They want to move it to the neighborhood so they can use
that land for something else. That is a want. That is not a need. They want to make it
somebody else's economic burden and problems so they don't have to bare it. How else
Item #5
Cavalier Golf and Yacht Club
Page 26
do we know that is a want and not a need? The club has been operating since 1930. And
it has always had a golf course. Tractors are getting smaller. Not bigger. They had this
existing shed for a long time. And they have been operating just fine. They have a
terrific golf course. If they didn't have such a nice golf course they wouldn't have this
healthy membership. If they didn't have this healthy membership, they wouldn't be
talking about this major improvement campaign. Their health is exactly what tells you
that they don't truly really need it. It is all part of their plan of what they want and it is to
save money. In addition to the options that were shown to you by Mr. Shepherd, we
know about their discussion with the City of Virginia Beach about doing something
around Laskin Road. What hasn't been told to you by Mr. Nutter or by Mr. Milleson or by
anybody else is why exactly did those discussions break down? It was about money. I
haven't heard it represented that the City refused to sell it at any price. Apparently they
didn't like the bargain. They didn't like the amount; so, therefore they had said that it just
didn't work out. Let's have some disclosure as to the full discussions and details concern
the Laskin Road option. Laskin Road is where something like this would make sense if
they didn't want to put it on their main campus. This is utterly unprecedented. There are
no comparisons in Virginia Beach where that we can find. As a matter of fact, we can't
find any comparisons to like this anywhere. We've had some club that has been
operating successfully for a period of time and then just takes a facility like this, picks it
up and puts it up on the golf course right up against somebody's home. You heard one of
the speakers in favor who happens to be an attorney, who I regard very highly, Mr.
Lascara, who lives 250 yards away and hasn't experienced any problems. Another
speaker says she lives 100 yards away from the existing facility and says she hasn't seen
any problems. Toles Summers is going to be 10 yards away, ten times closer than what
was described to you by one of the speakers in favor. 100 yards or 10 yards? This is
going to be 30 feet away. Mr. Nutter slipped out and said the world "compound" at one
point. Actually, I don't want to call it a compound. We don't want to call it that because
the negative connotations that go along with type of term but a compound, and make no
mistake, is what this is. It is a collection of buildings that is going to be as follows, it is
going to be like having a Southern States with all the seed inside, it is like having an
Exxon there with all the gasoline, it is going to be like Merchant's Tire and Auto with all
the repair work that goes on with the tractors, weed whackers, and it is like a carwash
facility because that is where they are going to clean and maintain all that equipment as
well. All rolled into a few buildings in the compound, 30 feet from Mr. Summers' house.
Noise. A very interesting limitation item. Look at Condition 6. One of the conditions
apparently that has been agreed to is that delivery of supplies and trash pickup and
maintenance of equipment will be limited Monday through Friday between the hours of
9:00 am and 5:00 pm. I got one for you. Why don't you tell them they can't use it at all
except during those hours and see what they're response is. Because, as what was said
earlier, grass cutting takes place real early in the morning so the workers are going to be
showing up at zero dark hundred, and they're going to be firing up their equipment and
heading out on to the course. They're going to be talking as people do. Their vehicles
are going to be around. The equipment is going to be coming in and out of the doors and
all that stuff. There will most certainly be noise, particularly to the people who abut right
Item #5
Cavalier Golf and Yacht Club
Page 27
up against it. The photos that you were shown were the ones that are taken with a wide-
angle lens type of mock up. This doesn't show what it is going to look like. You got
some other ones. The drawings. And, as I said earlier, we would have liked to shown
them on slides to make sure the viewing public could fully appreciate this is going to look
like. What it is going to look like is this? That's the view now. And that is what you
will be staring at. A building. From the rear of 824 Cardinal Road, that is what it looks
like now and that is what it is going to look like. This is without removing the camera,
the bar-back and doing something that sort of hides how close it is. From 1224 Kamichi,
that is the view from across the road now and that is what it is going to look like. From
the road, you can't see it was well as I like but it certainly shows how close it is. Now, it
was said to you earlier, a lot different reasons.
Ed Weeden: You have about 45 seconds.
Kevin Martingayle: Thank you. I heard a lot of different justifications for this but I still
haven't heard any financial distress or anything like that. A few people have actually
slipped out for the true motivation here. As one person said in an email and repeated it
today, I love for a swim team to do a practice in an updated pool. Another person said,
I'm basically for anything that improves the club for me and my family. Folks, this is not
a public asset. This is somebody who is in a private club. A bunch of people in a private
club who want to do something that saves them money and is most convenient to them.
That is never an excuse to depart from the Comprehensive Plan and from sound planning
principals. I'll be happy to answer any questions that you may have.
Barry Knight: Mr. Crabtree?
Eugene Crabtree: I got one statement. You spoke to us about the Comprehensive Plan
and you read from the Comprehensive Plan that you wanted to get on the public record.
Kevin Martingayle: Yes sir.
Eugene Crabtree: You neglected to read the last sentence of that, which states "limited
commercial or institutional activities provided desire goods or services to residential
neighborhoods are considered acceptable uses providing effective measures are taken to
ensure compatibility and non-proliferation of such activities." That should also be on the
record since you were reading from the Comprehensive Plan. Ijust wanted to correct that
SIr.
Kevin Martingayle: Yes sir. That is what is in there. I would also further state that there
has been absolutely nothing presented to you that would justify that.
Eugene Crabtree: You just neglected to read the whole statement.
Kevin Martingayle: Yes sir. I was limited to 10 minutes.
Item #5
Cavalier Golf and Yacht Club
Page 28
Barry Knight: Ms. Anderson?
Janice Anderson: Do you know how big the maintenance facility is at Princess Anne?
Kevin Martingayle: I don't have the exact dimension of it.
David Shepherd: It is about 11,000 square feet. I've done that just from satellite photos.
Kevin Martingayle: If you look at the satellite imagery, I think you would see that the
dimensions are something. If you look at what they've done configuring their buildings,
something like that could definitely accomplished at the Cavalier. There are other ways to
configure these legos on the map.
Janice Anderson: Did you review any of these alternatives with them?
Kevin Martingayle: Did I personally? No.
Janice Anderson: Okay.
Barry Knight: Are there any other questions of Mr. Martingayle?
Kevin Martingayle: It is my understanding their were discussions between neighbors and
the club.
Barry Knight: Mr. Redmond has a question.
David Redmond: Would you read that section of the Comprehensive Plan you read
earlier again, real briefly. I think I have a question.
Kevin Martingayle: Yes sir. ''The plan states that the objective of the primary residential
area is to protect the predominantly suburban character that is defined by the stable
neighborhoods of the area. The land use planning policies and principals for the primary
residential area focus strongly on preserving and protecting the overall character
economic value and aesthetic quality of the stable neighborhoods located in this area."
David Redmond: Thank you.
Barry Knight: Are there any other questions of Mr. Martingayle? Thank you sir.
Kevin Martingayle: Thank you. I do appreciate your time. I know you have a tough job.
Please do the right thing. Thank you.
Joseph Strange: That concludes our speakers.
Item #5
Cavalier Golf and Yacht Club
Page 29
Barry Knight: Mr. Nutter? Rebuttal period. But you only have three minutes.
R.J. Nutter: I know. Thank you very much. A lot of discussion I told you, you would
hear today but I want to make a couple of points for you. Everything that we told you
from the beginning of this is true. This is on property owned by the club, maintained by
the club. The taxes are paid by the club. They are on their own property doing a use that
is common in every facility like across the City. That hasn't changed. If this was against
the Comprehensive Plan, the staff would have recommended or told you so. They do not
tell you so. In fact, they say it is consistent with that plan because, Mr. Crabtree, as you
pointed out, includes uses just like this. But for that, there would not be churches within
neighborhood areas. But for that, there would never be schools within neighborhood
areas or other recreational opportunities, recreation centers and things of that nature.
They would never be there but for that sentence. They are there because of reasons just
like this. So, your staff has recommended approval. It is consistent with the
Comprehensive Plan. The club has told you repeatedly why it is necessary, I'm not sure
it is necessary to show that it is necessary. To be honest with you, but they have. They
have shown you repeatedly that is part of their plan for expansion. In fact, if I was to take
the position of the opposition literally then you could not have a maintenance facility on
the property at all. It would have to be off site. It is on property that is zoned residential
in a residential neighborhood. They fortunate fact is there is no place to put any
maintenance facility on this property that some resident is not going to be affected. The
testimony that you have by people who do live next to it, the one who is there today, is
that the club has been a great neighbor. They have been wonderful maintenance stewards
of the quiet enjoyment of the neighborhood. And, that when it is built, they're probably
not going to know that it is there. Now, there are some that are more directly affected
then others. That is just unfortunate. But I would tell you that the club has done
everything it can to minimize that effect on property it owns. What I cannot change is the
fact that somebody's property line stops at a certain point. That will always be the case.
We've heard it for oceanfront properties. We want to have views they don't own.
Ed Weeden: You have about 45 seconds.
R.J. Nmter: Thank you Ed. So, my point to you is that the club has bent over backwards
to try to minimize the impacts. We have shown you the need for this facility. Your staff
has recommended approval and complied with your Comprehensive Plan. And frankly,
except for those who live right around the new facility and the fear of all that change, this
is consistent with any application that has been brought before you in the past, If you
want, I'll answer questions about golf carts. I've got all the answers to the golf carts and
the traffic and all this stuff. I'm not going to dignify with a rebuttal response, but if you
have a question about them. I'll be happy to try to respond.
Barry Knight: We'll start with Ms. Wood.
R.J. Nutter: Yes sir.
Item #5
Cavalier Golf and Yacht Club
Page 30
Dorothy Wood: R.J. I certainly think the club has a right to build and no one is
guaranteed a view. However, saying that, I am very concerned, as I have told you two or
three times, about Mr. Summers.
R.J. Nutter: Yes sir.
Dorothy Wood: Ma'am.
R.J. Nutter: I was thinking of him. I've told you the same. We have traded calls with
Mr. Summers.
Dorothy Wood: I really think something needs to be done to protect his property values.
Particularly, if you look at Mr. Shepherd's picture. Did you by chance happen to see
that?
R.J. Nutter: Yes.
Dorothy Wood: I have very much of a concern for him. I think something needs to be
worked out.
R.J. Nutter: The club will be more than happy to meet with Mr. Summers.
Dorothy Wood: I really think, that to me, you would lose my support if nothing is worked
out with Mr. Summers,
R.J. Nutter: I understand.
Dorothy Wood: Thank you.
R.J. Nutter: We appreciate that.
Barry Knight: Mr. Bernas.
Jay Bernas: I've got a few questions if you don't mind? The first of which is Mr.
Martingayle alluded to the fact that the Cavalier tried to purchase the land that they sold
to the developer, that the City bought from the developer. In some respects, they sold that
site, but it was suppose to be and this is somewhat self-afflicted. Can you talk about?
They sold it to the developer. The City bought it, and they were trying to buy it back
from the City? Could you talk just a little bit about that?
R.J. Nutter: I'll be happy to. First the club tried to put this facility at that location. There
was a lot of opposition from the direct residents around that location. So the club
withdrew its application, and that is when the second deal came around, and they said
they wouldn't be able to put it there. So, they sold it. In an effort to try this location they
Item #5
Cavalier Golf and Yacht Club
Page 31
looked at it again with the City. In fair market value, that property is going to be a very
difficult task for anybody to determine what should be a fair property, given the price that
the City paid for it. I don't think there is any question, but the facts are that the City
didn't pay fair market value for that property. They paid a value that they equated to the
Navy, not equated to that property. Many would say it was too much for the land, but to
small for the Navy. So, I'll give you some idea. If you were just to pay the City for that
property, half of what the City paid for that property, 7 million dollars, just the city's
share, The city just bought the entire TPC Golf Course for $4.5 million dollars, $2.5
million less. That's the entire exiting course and club. So, for us to buy raw land at a
price close to what the City has in it really is not going to make economic sense. So, that
is what I'm saying. Fair market value could be a very difficult tool to get your arms
around that piece. Jay, I can tell you that the club did pull back. Wd did look at that site.
Frankly, residents here and the direct properties around it, wrote letters of support to
Council urging them to sell it.
Jay Bernas: Now, my other question is something I asked in the informal session. There
has been a lot of talk about this master plan. What is the master plan?
R.J. Nutter: First of all, there has been a plan for club for some time. They changed it
over time. But the plans that they have is to try to expand the facility right around the
existing club today, where by the way is the parking and all the infrastructure. All that is
located where you're going to put it. Quite frankly, imagine trying to put the recreation
center, the new pool, and the new tennis facilities out on this site. Put the parking out
there. Put all that out there. Put the lights for the tennis courts. That probably wouldn't
be a good idea. So, they're moving the maintenance facilities, which are many ways the
quietest of those facilities, out there on this location minimizing the impact there. No
parking associated with that. No parking. No access but for the people who are right
there. The area around that would include new pool, new tennis facilities, and new
workout recreational area: I'm not sure how you want to refer to them but workout areas.
That is part of what the club is looking. They have not voted on that yet. There will be
people in that club who will support that. There will be people who oppose that. Just
like this issue. That will have to come to pass. What you're hearing from, I think that
many members of the club are saying, we have to look long term. Our golf course
memberships are declining. The average age of the member goes up, up and up. We
need to attract younger members with younger families. Many, of whom do not play golf.
All of them want new pools, new workout facilities, and more tennis. So, if you want to
attract these people that is why the health of this club is at stake. There is no
minimization with that issue. This is not a want. This is a very big need.
Jay Bernas: So, your argument for moving it out of the main campus is for more space
because there isn't enough space, or is it because it is not compatible?
R.J. Nutter: Because there is no room for it there. And, I'm not so sure how you would
design it. The gentleman's photographs, which I won't go into, but I will tell you that the
Item #5
Cavalier Golf and Yacht Club
Page 32
club has looked at every conceivable alternative quite lengthy. You are always going to
have at any hearing, you will have somebody with an idea. You all see it more than I do.
So, that is going to happen, The club has looked very cautiously for four years for
options to do just this. You heard them say how much they have been held up this
expansion. They have been mad at me for not getting them on the agenda. So, I can tell
you right now they wanted very badly to get this moved forward.
Jay Bernas: So, if this doesn't get approved, what is next?
R.J. Nutter: Well, like anything. You have to deal with that issue. But I will tell you this
much this club is adamantly in favor of this. They are going to fight very hard for it.
This is the life of their membership.
Jay Bernas: What I was really asking is what is Plan B? Is Plan B modifying a green? A
tee-box somewhere close to Laskin Road? Buying your master plan on the main campus?
What is planned?
R.J. Nutter: Probably looking at another site on the course next to somebody else's
house. There is no place you can throw a rock on this property without being behind
someone's home.
Barry Knight: Are you done Mr. Bernas? Ms. Anderson.
Janice Anderson: Have you looked at relocating it on the main campus? Have you
looked at these ideas?
R.J. Nutter: Oh sure. I know the members have looked. Those options, through Ed and
his committee have looked at many number of scenarios brought by other members,
different architects and planners. I can tell you Ms. Anderson that there is simply no
place you can put this that is going to please everybody. That is the best way to put it.
Janice Anderson: Well, I actually drove down Bobolink trying to find it. I couldn't even
find the old one. Anyway, it is hidden. I just wanted to insure that if there was way to
put it on the main campus, I'm sure you would have, because I know you have been
working with them for a long time. That is one of my issues that I have. I would like to
see it on the main campus.
R.J. Nutter: We understand. To put it on property that they own at a location where much
activity is occurring today,
Janice Anderson: The second question. What other facilities that are related to golf are
out there in the neighborhood located on property like that?
R.J. Nutter: I think the only other activities that are out there in the neighborhood.
Item #5
Cavalier Golf and Yacht Club
Page 33
They're all out there in the neighborhood, but out on a course are rest room facilities.
There are small drink machines, restrooms, and drinking fountains in some cases. Those
are out there. There is a snack bar out there.
Janice Anderson: There is a snack bar out there?
R.J. Nutter: At the 10th hole.
Janice Anderson: Okay. Thanks.
Barry Knight: Mr. Crabtree?
Eugene Crabtree: R.J., I understand that no one to this point has come in with an
architectural drawing or a drawing of any type design to show a master plan to provide
this, so the club feels like they need to expand, has been done out of the opposition or the
ones in favor to this point. Am I correct?
R.J. Nutter: We have not shown or brought that forward. We have to move forward on
this first, quite frankly.
Eugene Crabtree: And as you say, somebody is going to be impacted by this no matter
what. As my fellow members know how I feel when you feel you purchased property that
is adjacent to a facility such as a golf course, then you got to be able to expect the
amenities and the things that go along with it. Looking at the maintenance of this course
and from the pictures that I see, it brings to mind someone telling me on the course that I
played on one time about the lies. There is no such thing as a bad lie on this course. That
appears to be the case in this course, which speaks highly of the maintenance and what
they do. Therefore, you know they have to have a good facility to do that.
R.J. Nutter: You're exactly right.
Eugene Crabtree: And yes, no matter where you put it, somebody is going to be upset.
Somebody is just going to have to accept the fact that these are things that go in order i:o
make a course and a club viable.
R.J. Nutter: Correct.
Eugene Crabtree: To the suggestion of probably a lot of the people, I think I'm going to
support of it.
R.J, Nutter: I understand.
Barry Knight: Mr. Henley has a question.
Item #5
Cavalier Golf and Yacht Club
Page 34
Al Henley: R.J. There have been a number of people tonight that have some concerns
regarding delivery trucks. I realize the summer months are of course there is a lot more
maintenance involved because of the weather conditions, Would you have an idea of
approximately how many delivery trucks, mainly sod trucks, kind of maintenance
facilities that would supply fuel, mulch that would be delivered on a weekly, twice a
week?
R.J. Nutter: I'm going to ask Mr. Milleson to come up if he could and help me with some
of these questions. I can tell you that the fuel deliveries at this location will be one truck
once a month. It's an above ground facility. It is much, much smaller. I don't want you
think that this is the only gas facility out there. There is a much larger gas facility out at
the club today, the yacht club. It is roughly five times the size of this facility. So, you're
just going to have those kinds of features when you have a yacht and golf club in this
area. There will be one truck a month at that location. It is typical. It looks like the old
home delivery fuel oil. It is the same type of truck. John, if you could answer the
question about the mulch, and if you could the sod, and where they would locate?
John Milleson: Sure.
Barry Knight: Identify yourself for the record.
John Milleson: John Milleson, the club manager of Cavalier. Certainly, different times
of the year we would take mulch. Obviously, this time of year we're mulching this
throughout the course. So, we will take a more regular delivery of mulch within those
bins that are out there. Sod is delivered, typically on an eighteen-wheeler and is brought
in. A lot of houses in the area get completely sodded. There was one recently on
Cardinal Road. Completely sodded. They stop where they're closest to deliver that sod
that is going to be put on the ground. Mulch trucks, and as mentioned, sand trucks if we
are going to redo sand in the bunkers. That would be the primary need a dump truck to
dump sand. They come and they go. It is not constant activity throughout the day. It
certainly is not constant activity throughout the month. We have complete control over
when those deliveries are scheduled. Does that answer your question?
R.J. Nutter: Approximately how many sand trucks and mulch trucks. The sod trucks
normally don't bring them to this facility.
John Milleson: I sign every invoice at the club. I don't sign more than ten invoices a
month, that is for delivery of sand, sod, dirt combined. We operate pretty much on a
schedule.
Al Henley: Thank you. I would also like to comment. When you were speaking earlier,
you did indicate that the club was very concerned and willing to work with some of the
immediately adjoining neighbors with some additional landscaping. I've taken that to
heart and on the record that you will follow up on that if this application is approved.
Item #5
Cavalier Golf and Yacht Club
Page 35
John Milleson: I absolutely will sir. Obviously, we know what were doing with
landscaping and agronomy. We will be happy to meet with any of the neighbors that
would like to offer suggestions of a plan and adhere to them.
Al Henley: Good.
Barry Knight: Mr. Strange, and then Mr. Horsley.
Joseph Strange: My only observation here is that it is a business. It is not an outside
business that is coming in through a neighborhood. This is a business in the
neighborhood, as well as a business, it is also an amenity. Okay. It is an amenity that the
property owners kind of rise and fall on their property values, kind of go up when it is a
good amenity, and when it is being taken care of, and it could possibly go down if it fell
on its face. All amenities have to be run like a business. I don't see where this is going to
destabilize the neighborhood even though some views are going to suffer as a result of
this and because the yacht club does own the property. I really haven't heard anybody
propose another use for this piece of property that would be beneficial to the club. Okay,
and since they own the property, I think they have some say so in this. Because of the
fact that it is an amenity, it is not an outside business. I will be supporting the
application.
Barry Knight: Mr. Horsley has a question for you.
Donald Horsley: Maybe Mr. Milleson can answer this better R.J. Concerning the amount
of chemicals, fertilizer that you keep on the premises, I can't imagine you keeping a
whole host of this stuff on site. Is this true?
John Milleson: That is true. We have, again periodic application. We don't keep it
stored waiting six months down the road. We bring in product when we need to apply it.
We are certified Audubon sanctuary. We are very diligent and concerned about
environmental issues, and how we maintain. We are certified applicators. It is handled in
a correct manner with containment. That would be the real reason for the environmental
building is that it would meet stfuldards that are set forth by State and Federal agencies to
make sure those chemicals and fertilizers are maintained in a very well controlled
environment. And that is our real thought. This design is a mirror of the Tournament
Player course in Virginia Beach, right down the road. We use the PGA's exact standards
for developing this site, and every one of the buildings to conform to those high standards
and expectations, including the containment of the environmental issues.
Donald Horsley: And your fuel storage is above ground tank, and it is contained with one
of the tubs. Right?
John Milleson: Yes sir. It conforms to standards, Twenty years ago, I guess, all the
below ground fuel tanks were ordered to be above ground. We've complied to that, and
Item #5
Cavalier Golf and Yacht Club
Page 36
as Mr. Nutter said, we store a large amount of fuel for our marina in the same types of
above tanks in a contained area.
Donald Horsley: So the environmental problems are very minimal?
John Milleson: Yes sir. They're very minimal, and the same that exists today is the same
exact standards that we will maintain on the new site,
Barry Knight: Mr. Milleson? Mr. Horsley failed to tell you that he is a certified pesticide
applicator, registered with the state, and he has taken many re-certifications, so he is well
versed on what to do, so he knows when he asks these question of what is needed for your
certified pesticide applicators. Ms. Wood also said that there are going to be three
neighbors that are going to most heavily impacted, with Mr. Summers being the most
heavily impacted. You always said that you wanted to be a good neighbor. I don't know
which way this application is going, but it is a recommendation from us to Council.
Council does what they want to, and you got at least 30 days between our
recommendation and City Council. I really advocate you getting in touch with the three
neighbors, especially Mr. Summers, and seeing if this thing does goes forward, what you
can do to help appease them with either landscaping or any other means or any other
resources that maybe they do. Mr. Summers also brought up something about pressure
washing. Mr. Horsley and I are both farmers, and we know that at some time that very
irritating sound is pressure washing stuff. I have a few gas pressure washers and they are
so dog gone irritating, specifically in some of my buildings that I have some electric
pressure washer. They will do the exact same job without the noise. So, I don't know if
you considered that because that may have to be an outside activity.
John Milleson: We do not do pressure washing on this facility. We wash down
equipment, and we will have a contained wash down area for every piece of equipment so
we can contain any residue that comes off that equipment at the end of the day. We
operate between 6:00 in the morning and 3:00 in the afternoon. We're not operating after
3:00 o'clock. We let our staff go home because they get up early, and they have to be
back out on the course. We're very sensitive because there are golfers on that golf course
all the time. And, to run a pressure washer and somebody's back swing and right now,
I've got tennis players. We do not cause disturbance or any aggravation certainly to our
members or we would certainly hear about it.
Barry Knight: He raised that subject. I thought would deal into it further. Are there any
other questions of Mr. Nutter or Mr. Milleson? Okay. Thank you gentlemen.
R.J. Nutter: Thank you very much.
Barry Knight: Now, we'll open it up for discussion among the Commission members.
Mr. Henley?
Item #5
Cavalier Golf and Yacht Club
Page 37
Al Henley: Occasionally, I have lunch on Laskin Road directly across from Birdneck
Point. One particular day I was sitting there and I actually counted 18 commercial trucks,
mainly fuel trucks, dump trucks, construction equipment trucks going to and from. So,
after I left lunch, I went in there and I looked at every one of these particular commercial
vehicles were attending to reconstruction or the construction of brand new residences in
Birdneck Point. And, as we all know, and I'm very familiar with Birdneck Point, and
Birdneck Point has come full circle from the quaint little cottages that used to be in there.
The larger homes as well, but now they are developing into larger homes, which is good.
So, as the gentleman indicated earlier, these are every narrow roads and immediately, if
you're off the roadway your into someone's front yard. I think that is one reason why this
neighborhood sets it apart from other neighborhoods. It is a very attractive neighborhood.
That is what makes this neighborhood unique. As for the concerns with the
environmental runoff of chemical, fuels and that sort of thing, there are local, state and
federal guidelines and laws that exist today, and particularly the DEQ is very intent in
making sure these permits and applications are adhered to on a regular basis. I know that
because I was involved with these same agencies while I was employed for the City of
Virginia Beach. It was noted earlier and I don't think anyone in this room can disagree
that this neighborhood is a very healthy and vibrant neighborhood. Why is that? It is
because that every resident who lives in there takes a great deal of pride in their home and
their property. The club is also a property owner. It is quite obvious that this club has
spent many hours of dedicated work, and not to mention money to make this a complete
vibrant beautiful neighborhood. But as the gentleman stated earlier, as the neighborhood
or area ages, he must make sure that maintenance is done on that. We find that out,
including myself as we age, the more we need to take care of the things that if we abuse
it, it will fail us. I think the club and this neighborhood, if it is not maintained, and if it
was not for this club, this particular neighborhood would not be the prestige
neighborhood that it is today, So, we need to take care of that, and I think the club has
been a very good neighbor. As for responsible and professional individuals, I know when
I was with the City and special storm events and hurricanes, their own maintenance crews
came out before the City crews got there, helped clean the snow up, put salt down for the
residents who lived in there. They cleaned the trees up. They removed the blown down
trees from properties as well as the public street. So, as responsible and professional
individuals for the club as well as for the Citizens who live in there, I think this is above
and beyond reproach. The golf course itself, as I recall, approximately four years ago was
completely reconstructed. And, I was directly involved in that reconstruction through the
site plan compliance. I was very impressed with professional representatives from the
club and the neighborhood. And some of you may recall and some may have dealt with
me personally. I do not recall that. But there were a number of concerns and calls that
came into my office that they were concerned about the runoff into the water. It's location
and the chemicals that were being applied and that sort of thing. Staff went above and
beyond making sure that every "I" was dotted and "Ts" were crossed realizing that this
was a very sensitive area because of the surrounding water. DEQ was called in. I
actually called the DEQ to make sure that the City of Virginia Beach was, in fact doing
what we were suppose to be doing. And, they gave us fantastic marks, and we surpassed
Item #5
Cavalier Golf and Yacht Club
Page 38
those minimal requirements, The reason why I'm going h,"re is that because every time I
approach the club and its members and its professional contractor that is the contract, they
were more than willing to go beyond what the minimal requirements required. That was
impressive to me. That we have a community, a neighborhood that was wiling to bend
over backwards with city staff ensuring that their neighborhood was protected. To me,
that is nothing but complete professionalism in a neighborhood. I was so impressed that
no other neighborhood in the City of Virginia Beach was willing to do that. In
summation, this community is not a diamond in the rough. It is clearly a polished gem in
the crown of the City of Virginia Beach. And, I know there has been a lot of heated
arguments and disagreements, but regardless of where this facility goes, it is a needed
facility. And regardless of where it goes, there will always be someone that is going to be
affected by it. What we can do as a Commission and what you can do as a community
and a club is to work together on this thing. There has already been documentation
represented that they are willing to do that. To help the people out that reside directly
behind this facility, and to make their life a little bit better to enjoy the beautiful
surroundings that they live in. I will be supporting this application. Thank you.
Barry Knight: Mr. Bernas.
Jay Bernas: I played the Cavalier Golf course a couple of times, and I will say that the
18th hole is probably the prettiest holes in Virginia Beach. But given that, and one of the
key elements that is wrong with the plan is that there is no master plan for what they're
trying to do. What I'm afraid is that were going to approve this application and they're
going to build this maintenance facility, but they're not going to use that space that
they're given up. And, now all these neighbors are going to be impacted by this
maintenance facility and yet Cavalier's argument to move it was for an expansion that's
never occurred. And the fact that they don't have a master plan that is not coming to the
Commission as one cohesive plan that shows what they are going to do in the future and
they have plans, and this is the first phase. This is what we're going to do next. I'mjust
afraid they're going to move it and the existing members may not approve the expansion
so it will be ought for not. And, so the residents would be impacted, and I think that is
the key missing element to this application. Given that also, it hasn't been presented in
such a way that there has been a thorough analysis of alternatives. I think that what the
opposition presented was very interesting. The rebuttal and we looked into that and it
didn't work. I think I need a little more than that to really say that they really did look at
some of the alternatives about moving it on the main campus, especially given the fact
that Princess Anne has their maintenance facility right on the main campus, and in fact,
that the people that live next to the existing maintenance facility don't mind it. They say
they make good neighbors. So, they are already happy with it so why not keep it in the
same location. So, I won't be supporting the application,
Barry Knight: Thank you. Mr. Redmond.
David Redmond: I always approach these issues from the perspective that if something is
Item #5
Cavalier Golf and Yacht Club
Page 39
reasonable then I'll support it. I always look for a reason to oppose it. Looking for a
reason to oppose it. I've looked for a reason all day to oppose this, which enhance my
question about the traffic and the impact, and the potential illegal use of the public
roadways. And, I can't find it. I cannot find it. It does not matter to me whether it is a
need or a want. It doesn't matter to, frankly, whether there is a plan in place for the
development of the club or not. To me, it is a very narrow question of whether the
application itself, before us, is a reasonable use of the club's land. What would cause me
to oppose it is some particular impact. Some particular untenured affect, if I believe for
instance there would be clear degradation of public safety. If I believe there would be
pervasive diminution of property values. Anything of that matter, I would oppose it in an
instant and not blink about it. Mr. Gibson made the point that until only a few years ago
it was an awful looking site. I would be willing to bet that over the course of the last 5 to
10 years, property values in Birdneck Point and around this part of Birdneck Point have
increased dramatically. This facility is going to be vastly better than what existed at that
time, when I would bet that property values escalated dramatically. I do not doubt that it
is going to have a particular impact, if for no other reason than the quality of life and the
enjoyment for Mr. Gibson and several others have from their own homes, in particular
with regard to own scenic vistas. There is no way around that. But I cannot find in this
that particular impact that would cause me to judge this as unreasonable. And, I give the
benefit of doubt to applicants who have a track record of outstanding operation of quality
environmental stewardship. And frankly, I dump to people who are lousy operators and
defile the environment. So, I believe, frankly that the club is going to, if they construct
this, ultimately win their approvals and construct this facility, I take at their word they
will do so, even most attractive and least impactful matter that they can, I believe the
club is an enormous asset to that neighborhood. I wish Mr. Summers and Mr. Gibson and
others who very eloquently express their concerns about this, that there was a way to
make everyone happy. There just isn't. But I can't find a real compelling reason that is
neighborhood wide that would cause me to judge this as unreasonable, For that reason,
I'm going to support the application. Thank you.
Barry Knight: Is there any other discussion?
Eugene Crabtree: Mr. Chairman, I make a motion that we approve the application as
presented.
Barry Knight: Do I have a second?
Al Henley: I'll second it.
Barry Knight: There is a motion on the floor by Gene Crabtree to approve Cavalier Golf
and Yacht Club, which is agenda item 5, and seconded by Al Henley. Is there any other
discussion? I'll call for the question.
Item #5
Cavalier Golf and Yacht Club
Page 40
Dorothy Wood: May Ijust say that I will certainly support it, but I want to make sure that
the club meets with Mr. Summers and works with him so that he is not harmed in any
way.
David Redmond: I agree with Ms. Wood to, by the way.
Dorothy Wood: And you'll agree with that for your motion?
David Redmond: I do.
Dorothy Wood: Thank you.
Barry Knight: Ms. Anderson.
Janice Anderson: I just want to make a comment right here before we vote. I think the
Cavalier has done their homework and done their job and looked at a lot of different
avenues. My problem is that I would like to see it on the main campus. That is my only
issue on the application.
Barry Knight: Is there any other discussion or comments? The motion is on the floor.
I'll call for the question.
AYE 8 NAY 2 ABSO
ANDERSON NAY
BERNAS NAY
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KATSIAS
KNIGHT AYE
LIV AS AYE
REDMOND AYE
STRANGE AYE
WOOD AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 8-2, the application of Cavalier Golf and Yacht Club has been
approved.
Barry Knight: Is there any more business?
Joseph Strange: This concludes our business for today Mr. Chairman.
Barry Knight: The meeting is adjourned.
\....-<1 V <1Ul;;l \JUll 0(. 1,U.:m LlUll LOnGHlOnal use t'ermlt
Page 1 of 2
Faith Christie
From: Planning Administration
Sent: Wednesday, May 02,20078:53 AM
To: Faith Christie
Subject: FW: Cavalier Golf & Yacht Club Conditional Use Permit
Attachments: Dept of Planning 05,01.07 Itr,pdf
From: Diane C, Reid [mailto:dreid@PenderCoward,com]
Sent: Wednesday, May 02,20078:49 AM
To: Planning Administration
Cc: William Lascara
Subject: Cavalier Golf & Yacht Club Conditional Use Permit
Attached please find a letter in connection with the Cavalier Golf & Yacht Club
Conditional Use Permit. Please contact Bill Lascara at (757) 490-6265 or
wlascara@pendercoward,com with any questions or comments you may have.
<<Dept of Planning 05.01.07 Itr.pdf>>
Best regards,
Diane C. Reid
Legal Assistant to
William A. Lascara, Esquire
Pender & Coward, P,C.
222 Central Park Avenue
Virginia Beach, Virginia 23462-3026
Direct Dial: (757) 490-3000 Ext. 200
Facsimile (757) 456-2935
-==-- CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files, or previous
e-mail messages attached to it may contain confidential information that are legally privileged.
If you are not the intended recipient or the individual responsible for delivering this e-mail to the
5/2/2007
EENDER&
CQ1Y:~
May 1, 2007
222 Central Park Avenue
Virginia Beach, VA 23462-3026
757-490-3000
Fax: 757-497-1914
www.pendercoward.com
William A. Lascara, Esquire
(757) 490-6265
(757) 456-2935 -Facsimile
wlascara@pendercoward.com
Department of Planning and Community Development
2405 Courthouse Drive
Building 2, Room 115
Virginia Beach, VA 23456-9013
Attention: Ms. Faith Christie
Re: Cavalier Golf & Yacht Club Conditional Use Permit
Ladies and Gentlemen:
As a long-time resident of Birdneck Point, I write to support the request of the Cavalier
Golf & Yacht Club to construct an agronomy center on its property near the intersection of
Kamichi Court and Oriole Drive. I live on the fourth hole of the Cavalier Golf Course, am
located within approximately 250 yards of the proposed site and have a direct view of the site
from my back yard. My family has owned and lived in this property since 1961.
The Club, of which I have been a member for over ten (10) years, needs to relocate and
reconstruct a facility to house the equipment and supplies that are essential to the maintenance of
its golf course and grounds, It has designed a building which is attractive, unobtrusive, and
compatible with the neighborhood. The site is a secluded, wooded area which for several years
has been used for open storage of mulch, soil" and other materials used in the maintenance of the
course and surrounding areas. Traffic to and from the area will be minimal, and for the most part
will not involve the use of public roads. I often walk my dog, ride my bike and run through the
neighborhood. I believe the proposed agronomy center will improve, not detract from, the
overall aesthetics of the neighborhood in general and, most certainly, the specific site, which is
now utilized by the Cavalier as a materials storage area.
I understand the Commission has received expressions of concern from some neighbors
who live near the proposed facility, that chemicals and petroleum products will be stored on the
site. Petroleum products and chemicals used by Cavalier's grounds maintenance equipment are
no different from the petroleum and chemical products found in and around most of the single
family homes in Birdneck Point, except in quantity. Moreover, there are few if any homeowners
in the area who are more careful or conscientious in storing and handling such products than the
management and employees of the Cavalier Golf & Yacht Club, As a resident of Birdneck Point
in close proximity to the proposed facility, I assure you that I have evaluated these concerns,
both personally, and on behalf of my neighbors and members of the Club that will come in close
proximity to it. I believe that the expressions of concern regarding chemicals and petroleum
Department of Planning and Community Development
May 1,2007
Page 2
products are unfounded. The Club's track record in handling the identical chemicals and
petroleum : products at the current agronomy center, which is located in close proximity to the
tributaries of the Chesapeake Bay, the Club pool and the tennis courts and other Birdneck Point
residences demonstrates that these claims are unfounded.
The Management of the Club has a long established record of working with the
community and of paying particular attention to its interests and concerns. I have personal
knowledge and experience in this regard, as I have served on the Board of Directors for the past
three (3) years, To that end, the Management and the Board of the Club have attempted at every
stage of the development of this project to involve the neighbors and to listen to their views. An
effort was made to identify an alternative site and, when that effort proved futile, the proposed
facility was almost totally redesigned with the objective of addressing the concerns of the
neighbors. The proposal before you is the result of those efforts. While I realize there are a vocal
few neighbors who oppose the plan understandably, out of their own self interest, the great
majority of Birdneck Point neighbors and Cavalier Club members support and will benefit by the
proposed facility and the improvements that Club facilities that can be undertaken once the
agronomy center has been moved.
The Cavalier Golf & Yacht Club proposal deserves your support, I urge you to approve
it.
Very truly yours,
PEND~ARD' P.c,
William A. Lascara
W AUdcr
May 1 , 2007
wfm
wfmitchell@Cox.net
To: The Virginia Beach Planning Commission
MAY 1 2007
Subject: Cavalier Golf & Yacht Club conditional use permit for
construction of a new Agronomy Center
I have been member of the Cavalier Golf & Yacht Club since moving to Virginia
Beach from New Jersey in 2001. I ~:r,g.~..suppo.p;..the,..reque~t of the Cavalier Golf &
Yacht Club to construct an agronomy center on its property.
The club needs to relocate and construct a facility to house the equipment and supplies
that are essent~al to the maintenance of its golf course and grounds. It has designed a
building which is attractive, unobtrusive, and compatible with the neighborhood. The site
is a secluded, wooded area which for several years has been used for open storage of
mulch, soil, and other materials used in the maintenance of the course and surrounding
areas. Traffic to and from the area will be minimal, and for the most part will not involve
the use of public roads.
The site of the proposed facility is more than 100 yards from the points on Kamichi
Court on which water sometimes pools during times of heavy rainfall, and although the
drainage problem which causes the pooling clearly needs to be addressed, there is no
evidence that surface water from the site on which Cavalier wishes to build is now
contributing or will in the future contribute to the Kamichi Court drainage problem.
I understand the Commission has received expressions of concern from some
neighbors who live near the proposed facility, that chemicals and petroleum products will
be stored on the site. Petroleum products and chemicals used by Cavalier's grounds
maintenance equipment are no different from the petroleum and chemical products found
in and around most of the single family homes in Birdneck Point, except in quantity.
Moreover, there are few if any homeO\~rners in the area who are more careful or
conscientious in storing and handling such products than the management and employees
of the Cavalier Golf & Yacht Club.
The Club, which has been a part ofthe neighborhood for more than seventy years,
makes an extraordinary effort to be a good neighbor and has received awards for its
environmental stewardship. There is evidence throughout the course and neighborhood of
the stewarding efforts of its employees as they hold the distinction of "Certified Audubon
Sanctuary" and "Certified Clean Marina". The Club values its relationship with its
neighbors and can be depended upon to operate the proposed facility, if it is approved,
with extraordinary care, The very presence of the Club's golf course maintenance staff
throughout ~he neighborhood 011 a daily basis adds to the security of the neighborhood.
MAY 1 Z007
To: The Virginia Beach Planning Commission
From: Earl V. Slattwm
Date: April 26, 2007
Subject: Cavalier Golf & Yacht Club conditional use permit for
construction of a new Agronomy Center
As a resident of Virginia Beach and a member of the Cavalier Golf
and Yacht Club, I strongly support the request of the club to construct
an agronomy center on.. its property near the intersection of Kamichi
Court and Oriole Drive.
The club needs to relocate and reconstruct a facility to house
the equipment and supplies that are essential to the maintenance of its
golf course and grounds. It has designed a building which is
attractive, unobtrusive, and compatible with the neighborhood. The
si te is a secluded, wooded area which for several years has been used
for open storage of mulch, soil, and other materials used in the
maintenance of the course and surrounding areas. Traffic to and from
the area will be minimal, and for the most part will not involve the
use of public roads.
The site of the proposed facility is more than 100 yards from the
points on Kamichi Court on which water sometimes pools during times, of
heavy rainfall, and although the drainage problem which causes the
pooling clearly needs to be addressed, there is no evidence that
surface water from the site on which Cavalier wishes to build is now
contributing or will in the future contribute to the Kamichi Court
drainage problem.
I understand the Commission has received expressions of concern
from some neighbors who live near the proposed facility, that chemicals
and petroleum products will be stored on the site. Petroleum products
and chemicals used by Cavalier's grounds maintenance equipment are no
different from the petroleum and chemical products found in and around
most of the single family homes in Birdneck Point, except in quantity.
Moreover, there are few if any homeowners in the area who are more
careful or conscientious in storing and handling such products than the
management and employees of the Cavalier Golf & Yacht Club.
The Club, which has been a part of the neighborhood for more than
seventy years, makes an extraordinary effort to be a good neighbor and
has received awards for its environmental stewardship. There is
evidence throughout the course and neighborhood of the stewarding
efforts of its employees as they hold the distinction of "Certified
Audubon Sanctuary" and "Certified Clean Marina". The Club values its
relationship with its neighbors and can be depended upon to operate the
proposed facility, if it is approved, with extraordinary care. The very
presence of the Club's golf course maintenance staff throughout the
neighborhood on a daily basis adds to the security of the neighborhood.
The Cavalier has gone to great lengths to design an attractive and
compatible facility, on its own land, which will intrude only minimally
on the surrounding neighborhood. The facility will create no drainage
or environmental problems. There will be no perceptible increase in
traffic or noise, and the Club has agreed to work with the surrounding
neighbors to design a lighting plan that avoids any adverse impact on
them. The approval of this request will enable Cavalier Golf & Yac~
Club to improve both the appearance and the utility of its maintenance
facility and to make the most efficient use of its own property without
adverse effect on the neighborhood.
The Cavalier Golf & Yacht Club has for many decades enjoyed a
strong and positive relationship with the Birdneck Point Community, of
which it and its members are very much a part. The Club has regularly
donated its facilities, its staff, and even its financial resources to
assist in making Birdneck Point a better place to live.
The Management of the Club has a long established record of
working with the community and of paying particular attention to its
interests and concerns. To that end, the Management and the Board of
the Club have attempted at every stage of the development of this
proj ect to involve the neighbors and to listen to their views. An
effort was made to identify an alternative site and, when that effort
proved futile, the proposed facility was almost totally redesigned with
the objective of addressing the concerns of the neighbors. The proposal
before you is the result of those efforts.
The Cavalier Golf & Yacht Club proposal deserves your support. I
urge you to approve it.
Sincerely,
~~Mai~
Earl v. Slattum
2201 Souverain Lane
Virginia Beach, Va. 23454
481 2106
eslattum@hotmail.com
."\p.f'l, " '1 ~"r
.t"~ K J;. ~ lUu/
April 25, 2007
Department of Planning and Community Development
2405 Courthouse Drive
Building 2. Room 115
Virginia Beach, V A 23456-9013
Attention: Ms, Faith Christie
Dear Ms. Christie,
This letter is about the Cavalier G&YC conditional use permit for
construction of a new Agronomy Center. As a resident of Birdneck Point
and a Member of the Cavalier, I strongly support the request of the
Cavalier to construct an agronomy center on its own property near the
intersection of Kamichi Court and Oriole Drive.
The Club needs to construct a new grounds maintenance facility to
house the equipment and supplies that are essential to the maintenance
of its golf course and grounds. It has designed a building which is
attractive, unobtrusive, and compatible with the neighborhood. The
site is a secluded, wooded area which for several years has been used
for open storage of mulch, soil, and other materials used in the
maintenance of the course and surrounding areas. Traffic to and from
the area will be minimal, and for the most part will not involve the
use of public roads.
The site of the proposed facility is more than 100 yards from the
points on Kamichi Court on which water sometimes pools during times of
heavy rainfall, and although the drainage problem which causes the
pooling clearly needs to be addressed, there is no evidence that
surface water from the site on which Cavalier wishes to build is now
contributing or will in the future contribute to the Kamichi Court
drainage problem.
I understand the Commission has received expressions of concern
from some neighbors who live near the proposed facility, that chemicals
and petroleum products will be stored on the site. Petroleum products
and chemicals used by Cavalier's grounds maintenance equipment are no
different from the petroleum and chemical products found in and around
most of the single family homes in Birdneck Point, except in quantity,
Moreover, there are few if any homeowners in the area who are more
careful or conscientious in storing and handling such products than the
management and employees of the Cavalier Golf & Yacht Club,
The Club, which has been a part of the neighborhood for more than
seventy years, makes an extraordinary effort to be a good neighbor and
has received awards for its environmental stewardship. There is
evidence throughout the course and neighborhood of the stewarding
efforts of its employees as they hold the distinction of "Certified
Audubon Sanctuary" and "Certified Clean Marina". The Club values its
relationship with its neighbors and can be depended upon to operate the
proposed facility, if it is approved, with extraordinary care. The very
presence of the Club's golf course maintenance staff throughout the
neighborhood on a daily basis adds to the security of the neighborhood.
APR .2 i}
a 200?
To: The Virginia Beach Planning Commission
From: H. B. Kellam
Date: 4/23/07
Subject: Cavalier Golf & Yacht Club conditional use permit for
construction of a new Agronomy Center
Dear Members of the Planning Commission:
As a Member of Cavalier Golf and Yacht Club and resident of
Virginia Beach, I strongly support the request of the Cavalier Golf &
Yacht Club to construct an agroriomy center on its property near the
intersection of Kamichi Court and Oriole Drive.
The Club needs to relocate and reconstruct a facility to house
the equipment and supplies that are essential to the maintenance of its
golf course and grounds. It has designed a building which is
attractive, unobtrusive, and compatible with the neighborhood. The
site is a secluded, wooded area which for several years has been used
for open storage of mulch, soil, and other materials used in the
maintenance of the course and surrounding areas. Traffic to and from
the area will be minimal, and for the most part will not involve the
use of public roads.
The site of the proposed facility is more than 100 yards from the
points on Kamichi Court on which water sometimes pools during times of
heavy rainfall, and although the drainage problem which causes the
pooling clearly needs to be addressed, there is no evidence that
surface water from the site on which Cavalier wishes to build is now
contributing or will in the future contribute to the Kamichi Court
drainage problem.
I understand the Commission has received expressions of concern
from some neighpors who live near the proposed facility, that chemicals
and petroleum products will be stored on the site. Petroleum products
and chemicals used by Cavalier'S grounds maintenance equipment are no
different from the petroleuni a.nd cllertlical products found in and around
most of the single family homes in Birdneck Point, except in quantity.
Moreover, there are few if any homeowners in the area who are more
careful or conscientious in storing and handling such products than the
management and employees of the Cavalier Golf & Yacht Club.
The Club, which has been a part of the neighborhood for more than
seventy years, makes an extraordinary effort to be a good neighbor and
has received awards for its environmental stewardship. There is
evidence throughout the course and neighborhood of the stewarding
efforts of its employees as they hold the distinction of "Certified
Audubon Sanctuary" and "Certified Clean Marina". The Club values its
relationship with its neighbors and can be depended upon to operate the
proposed facility, if it is approved, with extraordinary care, The very
presence of the Club's golf course maintenance staff throughout the
neighborhood on a daily basis adds to the security of the neighborhood.
.c:=:..
The Cavalier has gone to great lengths to design an attractive and
compatible facility, on its own land, which will intrude only minimally
on the surrounding neighborhood. The facility will create no drainage
or environmental problems. There will be no perceptible increase in
traffic or noise, and the Club has agreed to work with the surrounding
neighbors to design a lighting plan that avoids any adverse impact on
them. The approval of this request will enable Cavalier Golf & Yacht
Club to improve both the appearance and the utility of its maintenance
facility and to make the most efficient use of its own property without
adverse effect on the neighborhood.
The Cavalier Golf & Yacht Club has for many decades enjoyed a
strong and positive relationship with the Birdneck Point Community, of
which it and its members are very much a part. The Club has regularly
donated its facilities, its staff, and even its financial resources to
assist in making Birdneck Point a better place to live.
The Management of the Club has a long established record of
working with the community and of paying particular attention to its
interests and concerns. To that end, the Management and the Board of
the Club have attempted at every stage of the development of this
project to involve the neighbors and to listen to their views. An
effort was made to identify an alternative site and, when that effort
proved futile, the proposed facility was almost totally redesigned with
the objective of addressing the concerns of the neighbors. The proposal
before you is the result of those efforts.
The Cavalier Golf & Yacht Club proposal deserves your support. I
urge you to approve it.
H. B. Kellam
1368 Wakefield Circle
Va. Beach, Va. 23455
APR ~. "i" ""00'/
. 1ET.'Gl..t
April 23, 2007
2835 Charlemagne Drive
Virginia Beach, VA 23451
The Virginia Beach Planning Commission
2405 Courthouse Drive
Room 115
Municipal Center, Bldg. 2
Virginia Beach, V A 23456
Subject: Cavalier Golf & Yacht Club conditional use permit for a new Agronomy Center
As a Member of Cavalier Golf and Yacht Club and resident of Virginia Beach, I strongly
support the request of the Cavalier Golf & Yacht Club to construct an agronomy center
on its property near the intersection of Kamichi Court and Oriole Drive.
The Club needs to relocate and reconstruct a facility to house the equipment and supplies
that are essential to the maintenance of its golf course and grounds, It has designed a
building which is attractive, unobtrusive, and compatible with the neighborhood. The
site is a secluded, wooded area which for several years has been used for open storage of
mulch, soil, and other materials used in the maintenance of the course and surrounding
areas. Traffic to and from the area will be minimal, and for the most part will not involve
the use of public roads.
The site of the proposed facility is more than 100 yards from the points on Kamichi Court
on which water sometimes pools during times of heavy rainfall, and although the
drainage problem which causes the pooling clearly needs to be addressed, there is no
evidence that surface water from the site on which Cavalier wishes to build is now
contributing or will in the future contribute to the Kamichi Court drainage problem.
I understand the Commission has received expressions of concern from some neighbors
who live near the proposed facility, that chemicals and petroleum products will be stored
on the site. Petroleum products and chemicals used by Cavalier's grounds maintenance
equipment are no different from the petroleum and chemical products found in and
around most of the single family homes in Birdneck Point, except in quantity. Moreover,
there are few if any homeowners in the area who are more careful or conscientious in
storing and handling such products than the management and employees of the Cavalier
Golf & Yacht Club.
The Club, which has been a part of the neighborhood for more than seventy years, makes
an extraordinary effort to be a good neighbor and has received awards for its
environmental stewardship. There is evidence throughout the course and neighborhood of
the stewarding efforts of its employees as they hold the distinction of "Certified Audubon
Sanctuary" and "Certified Clean Marina". The Club values its relationship with its
neighbors and can be depended upon to operate the proposed facility, if it is approved,
L--
with extraordinary care. The very presence of the Club's golf course maintenance staff
throughout the neighborhood on a daily basis adds to the security of the neighborhood.
The Cavalier has gone to great lengths to design an attractive and compatible facility, on
its own land, which will intrude only minimally on the surrounding neighborhood. The
facility will create no drainage or environmental problems. There will be no perceptible
increase in traffic or noise, and the Club has agreed to work with the surrounding
neighbors to design a lighting plan that avoids any adverse impact on them, The approval
of this request will enable Cavalier Golf & Yacht Club to improve both the appearance
and the utility of its maintenance facility and to make the most efficient use of its own
property without adverse effect on the neighborhood,
The Cavalier Golf & Yacht Club has for many decades enjoyed a strong and positive
relationship with the BirdneckPoint Community, of which it and its members are very
much a part. The Club has regularly donated its facilities, its staff, and even its financial
resources to assist in making Birdneck Point a better place to live.
The Management of the Club has a long established record of working with the
community and of paying particular attention to its interests and concerns. To that end,
the Management and the Board of the Club have attempted at every stage of the
development of this project to involve the neighbors and to listen to their views. An
effort was made to identify an alternative site and, when that effort proved futile, the
proposed facility was almost totally redesigned with the objective of addressing the
concerns of the neighbors. The proposal before you is the result of those efforts.
The Cavalier Golf & Yacht Club proposal deserves your support. I urge you to approve
it.
Sincerely,
G.~
rage 1 or 1
Faith Christie
From: Planning Administration
Sent: Thursday, April 26, 2007 9:50 AM
To: Faith Christie
Subject: FW: Cavalier Conditional Use Permit
From: Bill Mitchell [mailto:wfmitchell@cox,net]
Sent: Wednesday, April 25,20073:58 PM
To: Planning Administration
Subject: Cavalier Conditional Use Permit
Dear Planning Commission Members,
r am a Member of the Cavalier G&YC and have been since 2001 upon moving here from
Summit NJ.
My wife and I seek your approval of the Conditional Use Permit. The Club has needed to
expand its
pool, tennis and fitness facilities for years, and we will not be able to do it to todays
standards and
expectations unless we can move the existing maintenance facility off of the property
where it currently is.
Please APPROVE the CU Permit!
Thanks,
8ft ;tf/tt;ktl
William & Arlene Mitchell
1533 Quail Point Road
Virginia Beach, VA 23454-3115
Telephone: (75n 412-2917
Email: wfmitchell@cox.net
Cell Phone: (757) 652-9379
4/26/2007
rage 1 or 1
Faith Christie
From: Planning Administration
Sent: Thursday, April 26, 2007 9:50 AM
To: Faith Christie
Subject: FW: Cavalier Conditional Use Permit
From: CLEXBOECK@aol.com [mailto:CLEXBOECK@aol.com]
Sent: Wednesday, Apri/25, 20072:56 PM
To: Planning Administration
Cc: BARRYDKNIGHT@aol.com; anhpcomm@cox.net
Subject: Cavalier Conditional Use Permit
Dear Planning Commission Members,
I live in Birdneck Point and am a Member of the Cavalier G& YC,
I am very much FOR your approval of the Conditional Use Permit. The Club has needed to expand its pool,
tennis and fitness facilities for years, and we will not be able to do it to todays standards and expectations
unless we can move the existing maintenance facility off of the property where it currently is.
Please APPROVE the CU Permit!
Thanks,
E. W. Clexton Jr,
1000 Bobolink Dr
Va Bch, VA 23451
491-2141
See what's free at AOL.com.
4/26/2007
'-...dVdllCl \JUl1 ex. I i:lC11l \.....lUO conmnonal use perml[ TOr constructIon or a new Agronomy... Page 1 ot 2
To: The Virginia Beach Planning Commission
From: Brent W. Averette
Date: 4.25.07
Subject: Cavalier Golf & Yacht Club conditional use permit for construction of a new Agronomy Center
As a Member of Cavalier Golf and Yacht Club and resident of Virginia Beach, I strongly support the
request of the Cavalier Golf & Yacht Club to construct an agronomy center on its property near the
intersection of Kamichi Court and Oriole Drive.
The Club needs to relocate and reconstruct a facility to house the equipment and supplies that are
essential to the maintenance of its golf course and grounds. It has designed a building which is attractive,
unobtrusive, and compatible with the neighborhood. The site is a secluded, wooded area which for
severa.1 years has been used for open storage of mulch, soil, and other materials used in the maintenance
of the course and surrounding areas. Traffic to and from the area will be minimal, and for the most part
will not involve the use of public roads.
The site of the proposed facility is more tnan 1 00 yards from the points on Kamichi Court on which
water sometimes pools during times of heavy rainfall, and although the drainage problem which causes
the pooling clearly needs to be addressed, there is no evidence that surface water from the site on which
Cavalier wishes to build is now contributing or will in the future contribute to the Kamichi Court drainage
problem.
I understand the Commission has received expressions of concern from some neighbors who live near
the proposed facility, that chemicals and petroleum products will be stored on the site. Petroleum
products and chemicals used by Cavalier's grounds maintenance equipment are no different from the
petroleum and chemical products found in and around most of the single family homes in Birdneck Point,
e:xcept in quantity. Moreover, there are few if any homeowners in the area who are more careful or
conscientious in storing and handling such products than the management and employees of the Cavalier
Golf & Yacht Club.
The Club, which has been a part of the neighborhood for more than seventy years, makes an
e:xtraordinary effort to be a good neighbor and has received awards for its environmental stewardship.
There is evidence throughout the course and neighborhood of the stewarding efforts of its employees as
they hold the distinction of "Certified Audubon Sanctuary" and "Certified Clean Marina". The Club values
its relationship with its neighbors and can be depended upon to operate the proposed facility, if it is
approved, with extraordinary care. The very presence of the Club's golf course maintenance staff
tl1 roughout the neighborhood on a daily basis adds to the security of the neighborhood.
The Cavalier has gone to great lengths to design an attractive and compatible facility, on its own
10 nd, which will intrude only minimally on the surrounding neighborhood. The facility will create no
drainage or environmental problems. There will be no perceptible increase in traffic or noise, and the
Club has agreed to work with the surrounding neighbors to design a lighting plan that ovoids any
adverse impact on them. The approval of this request will enable Cavalier Golf & Yacht Club to improve
both the appearance and the utility of its maintenance facility and to make the most efficient use of its
own property without adverse effect on the neighborhood.
~
The Cavalier Golf & Yacht Club has for many decades enjoyed a strong and positive relationship
with the Birdneck Point Community, of which it and its members ore very much a part. The Club has
regularly donated its facilities, its staff, and even its financial resources to assist in making Birdneck Point
file: / /e: \Documents % 20and % 20S ettings \fchristi \Local % 20Settings\ T emporary% 20Interne... 4/25/2007
,--,U' UB'-'l ,--,VB LX. ]. Q.L.lll ~lUU L.VllUlllVlldl use penrllllor conSlrucnon or a new Agronomy,.. Page '2 of 2
a better place to live.
The Management of the Club has a long established record of working with the community and of
paying particular attention to its interests and concerns, To that end, the Management and the Board of
the Club have attempted at every stage of the development of this project to involve the neighbors and
to listen to their views. An effort was made to identify an alternative site and, when that effort proved
futile, the proposed facility was almost totally redesigned with the objective of addressing the concerns
of the neighbors. The proposal before you is the result of those efforts.
The Cavalier Golf & Yacht Club proposal deserves your support. I urge you to approve it.
Sincerely,
Brent W. Averette
Misys Healthcare Systems
201 3 Boy Island Quay
Virginia Beach, VA 23451
file:/ /e: \Documents % 20and % 20Settings \fchristi \Local % 20Settings \ T emporary% 20Interne... 4/25/2007
Faith Christie
From: Planning Administration
Sent: Tuesday, April 24, 2007 12:40 PM
To: Faith Christie
Subject: FW: Cavalier Golf & YC Use Permit
r<1E;C I VI I
From: Don Jackson [mailto:donj@segmark.net]
Sent: Tuesday, April 24, 2007 12:19 PM
To: Planning Administration
Cc: barrydknight@aol.com
Subject: Cavalier Golf & YC Use Permit
As both a member of the CGYC and a resident of Birdneck Point, I wish to write in
€..'t.EQ..QJ1 of our clubs request for a use permit to construct a needed Agronomy center. The center
will be built on club property, and is part of the current "grounds" of our club,
The CGYC is a great neighbor to those living in Birdneck Point, and an excellent
community supporter. I could list many activities that the CGYC does on a continual basis
to improve the quality of life of every resident of our neighborhood. I also know that several
residents oppose the construction. I appeal to you to not allow the objections of a few override
the benefits that it will provide many,
The construction and relocation of this center is very important to our club as we upgrade
our facilities and make the continual changes necessary to support the activities of our members.
I am a supporter of private property rights, and I feel this certainly falls in that area. We own the
property, it is centrally located within the borders of our property, it is easily accessible, and
will be designed and built to blend into the surroundings.
I ask for your support in granting the approval for the use permit necessary to build the
center.
Best Regards,
Donald Jackson
1312 Kingfisher Court
Bi rdneck Point
Va. Beach
'---
4(2412007
Gary and Garnet Gilmore
796 Oriole Drive
Virginia Beach, Virginia 23451
To: The Virginia Beach Planning Commission
From: Gary A. Gilmore
Date: April 25, 2007
Subject: Cavalier Golf & Yacht Club conditional use permit for
Construction of a new Agronomy Center
Dear Commissioners,
I am a Member of Cavalier Golf and Yacht Club and resident of
Birdneck Point on Oriole Drive, and live very close to the proposed
Agronomy Center. I strongly ~HPEP~~ the request of the Cavalier Golf &
Yacht Club to construct an agronomy center on its property near the
intersection of Kamichi Court and Oriole Drive.
The Club needs to relocate and reconstruct a facility to house
the equipment and supplies that are essential to the maintenance of its
golf course and grounds. It has designed a building which is
attractive, unobtrusive, and compatible with the neighborhood. The
site is a secluded, wooded area which for several years has been used
for open storage of mulch, soil, and other materials used in the
maintenance of the course and surrounding areas. Traffic to and from
the area will be minimal, and for the most part will not involve the
use of public roads.
The site of the proposed facility is more than 100 yards from the
points on Kamichi Court on which water sometimes pools during times of
heavy rainfall, and although the drainage problem which causes the
pooling clearly needs to be addressed, there is no evidence that
surface water from the site olJ. which Cavalier wishes to build is now
contributing or will in the future contribute to the Kamichi Court
drainage problem.
I understand the Commission has received expressions of concern
from some neighbors who live near the proposed facility, that chemicals
and petroleum products will be stored on the site. Petroleum products
and chemicals used by Cavalier's grounds maintenance equipment are no
different from the petroleum and chemical products found in and around
most of the single family homes in Birdneck Point, except in quantity.
Moreover I there are few if any homeowners in the area who are more
careful or conscientious in storing and handling such products than the
management and employees of the Cavalier Golf & Yacht Club.
'-----
The Club, which has been a part of the neighborhood for more than
seventy years, makes an extraordinary effort to be a good neighbor and
has received awards for its environmental stewardship. There is
evidence throughout the course and neighborhood of the stewarding
efforts of its employees as they hold the distinction of "Certified
Audubon Sanctuary" and "Certified Clean Marina". The Club values its
relationship with its neighbors and can be depended upon to operate the
proposed facility, if it is approved, with extraordinary care. The very
presence of the Club's golf course maintenance staff throughout the
neighborhood on a daily basis adds to the security of the neighborhood.
The Cavalier has gone to great lengths to design an attractive and
compatible facility, on its own land, which will intrude only minimally
on the surrounding neighborhood. The facility will create no drainage
or environmental problems. There will be no perceptible increase in
traffic or noise, and the Club has agreed to work with the surrounding
neighbors to design a lighting plan that avoids any adverse impact on
them, The approval of this request will enable Cavalier Golf & Yacht
Club to improve both the appearance and the utility of its maintenance
facility and to make the most efficient use of its own property without
adverse effect on the neighborhood.
The Cavalier Golf & Yacht Club has for many decades enjoyed a
strong and positive relationship with the Birdneck Point Community, of
which it and its members are very much a part. The Club has regularly
donated its facilities, its staff, and even its financial resources to
assist in making Birdneck Point a better place to live.
The Management of the Club has a long established record of
working with the community and of paying particular attention to its
interests and concerns. To that end, the Management and the Board of
the Club have attempted at every stage of the development of this
proj ect to involve the neighbors and to 1 is ten to their views. An
effort was made to identify an alternative site and, when that effort
proved futile, the proposed facility was almost totally redesigned with
the objective of addressing the concerns of the neighbors. The proposal
before you is the result of those efforts.
The Cavalier Golf & Yacht Club proposal deserves your support. I
urge you to approve it.
Sincerely,
Gary A. Gilmore
796 Oriole Drive
Virginia Beach, Virginia 23451
rage 1 or L
Faith Christie
From: Planning Administration
Sent: Tuesday, April 24, 2007 12:40 PM
To: Faith Christie
Subject: FW: Cavalier Golf & Yacht Club Agronomy Center
From: Bernie Iliff [mailto:i1iffb@cox.net)
Sent: Tuesday, April 24, 2007 12:35 PM
To: Planning Administration
Subject: Cavalier Golf & Yacht Club Agronomy Center
To: The Virginia Beach Planning Commission
From: Bernard F. Iliff
Date: April 24, 2007
Subject: Cavalier Golf & Yacht Club conditional use permit for
construction of a new Agronomy Center
Members of the Commission:
I am a member of the Cavalier Golf and Yacht Club. Even though I am not a resident
of Birdneck Point, I strongly ,~~PPQr~ the request of the Cavalier Golf & Yacht Club
to construct an agronomy center on its property near the intersection of Kamichi
Court and Oriole Drive.
The Club needs to relocate and reconstruct a facility to house the equipment
and supplies that are essential to the maintenance of its golf course and grounds.
This is necessary to continue to maintain the golf course in prime condition. The
condition of the course is key to the continued economic viability of the club. The
site is a secluded, wooded area which for several years has been used for open
storage of mulch, soil, and other materials used in the maintenance of the course
and surrounding areas. Traffic to and from the area will be minimal, and for the
most part will not involve the use of public roads.
I understand the Commission has received expressions of concern, from some
neighbors who live near the proposed facility, that chemicals and petroleum
products will be stored on the site. Petroleum products and chemicals used by
Cavalier t s grounds maintenance equipment are no different from the petroleum and
chemical products found in and around most of the single family homes in Birdneck
Point, except in quantity. Moreover, there are few if any homeowners in the area
who are more careful or conscientious in storing and handling such products than
the management and employees of the Cavalier Golf & Yacht Club.
The Club, which h<;is been a part of the neighborhood for more than seventy
years, makes an extraordinary effort to be a good neighbor and has received awards
for its environmental stewardship. There is evidence throughout the course and
neighborhood of the stewarding efforts of its employees as they hold the
distinction of UCertified Audubon Sanctuary" and UCertified Clean Marina". The Club
values its relationship with its neighbors and can be depended upon to operate the
~ proposed facility, if it is approved, with extraordinary care. The very presence of
the Club's golf course maintenance staff throughout the neighborhood on a daily
basis adds to the security of the neighborhood.
4/24/2007
rage L or L
The Cavalier has gone to great lengths to design an attractive, unobtrusive
and compatible facility, on its own land, which will intrude only minimally on the
surrounding neighborhood. The facility will create no drainage or environmental
problems. There will be no perceptible increase in traffic or noise, and the Club
has agreed to work with the surrounding neighbors to design a lighting plan that
avoids any adverse impact on them. The approval of this request will enable
Cavalier Golf & Yacht Club to improve both the appearance and the utility of its
maintenance facility and to make the most efficient use of its own property without
adverse effect on the neighborhood.
The Cavalier Golf & Yacht Club has for many decades enjoyed a strong and
positive relationship with the Birdneck Point Community, of which it and its
members are very much a part. The Club has regularly donated its facilities, its
staff, and even its financial resources to assist in making Birdneck Point a better
place to live,
The Management of the Club has a long established record of working with the
community and of paying particular attention to its interests and concerns. To
that end, the Management and the Board of the Club have attempted at every stage of
the development of this project to involve the neighbors and to listen to their
views. An effort was made to identify an alternative site and, when that effort
proved futile, the proposed facility was almost totally redesigned with the
objective of addressing the concerns of the neighbors. The proposal before you is
the result of those efforts.
The Cavalier Golf & Yacht Club proposal deserves your support. I urge you to
approve it.
Sincerely,
Bernard F. Iliff
413 Croatan Road
Virginia Beach, VA 23451
I
4124/2007
DELn-JjI\T l\lJLLr I
Individual letters from the residents listed below were delivered to the Department of
Planning and Community Development, 2405 Courthouse Drive, Building 2, Room 115,
Attention Faith Christie on May 2, 2007 by Ray Gorski. These letters are in opposition to
the request for a Conditional Use Permit by the Cavalier Golf & Yacht Club.
· Harry B. Gibson
· Raymond 1. Gorski
· Helen Junkin
· Robert R Boseman
· Douglas G. Dickerson
· David H. Shepheard
· Linda Hoy Lawrance
· Mark Hodges
· CDR Andrew S. Johnson
· Walter and Carol Noona
· Maureen Whitfield
820 Cardinal Road
1228 Kamichi Court
1224 Kamichi Court
780 Oriole Drive
1204 Kamich Court
820 Oriole Drive
816 Cardinal Road
832 Cardinal Road
812 Oriole Drive
1200 Curlew Place
828 Cardinal Road
Delivered:
Name:
Date and Time:
Received:
Name:
Date and Time:
780 Oriole Drive
Virginia Beach, VA. 23451
May 1, 2007
Ms. Faith Christie
Department of Planning and Development
2405 Courthouse Drive
Bldg. 2, Room 115
Virginia Beach, Va. 23456-9013
RE: Cavalier Golf and Yacht Club Application for Conditional Use Permit for
Maintenance Facility
Dear Ms. Christie,
Our correspondence is to suggest to the Planning Board that the hearing of the Cavalier
for a Conditional Use Permit be deferred until a later date so the entire neighborhood
could have an opportunity to meet with the club. The club will have a briefing on May 7,
2007 at 7 PM, The flyer is attached to this request. As you know, letters of concern are
due by May 2. Frankly, this is putting the cart before the horse.
The Cavalier was invited to the April 16th meeting of the Birdneck Point Garden Club to
discuss their plans in order to dispel rumors and conjecture. The invitation was refused.
Weare so pleased that the Civic League was most successful in this endeavor and look
forward to a constructive dialogue on May 7th.
We stated in our December 4, 2005 letter to the Planning Commission that we are both
active members of the Cavalier. The Cavalier has been a very good neighbor and does
many, many good things for Birdneck Point. We have concerns about the loss our
neighbors may suffer as a result of the Cavalier's growing pains. No one needs to sutTer
and we believe that together, the Cavalier and the Birdneck Point neighborhood will
come to an agreeable solution.
Please defer this hearing until the neighborhood can meet with the Cavalier.
)",1 . //7 d
//&"i! ~vt~
Mr. And Mrs. Robert R Boseman
Enclosure (2)
mmb
cc: Mr. John Milleson, Cavalier Golf and Yacht Club
Adm. Ed Clexton, Chairman Long Range Committee, CGYC
The Cavalier Golf & Yacht Club
At The R~equest of
The Birdneck Point Community
League (BPCL)
Will Present An Information Briefing
For All Residents Regarding the:
"Cavalier G& YC Appli(~ation For a Conditional
Use Permit For A Golf Club Maintenance
Facility"
All Residents are encouraged to attend this briefing
whether you are "For" or "Against" the Cavalier
Application.
DATE: Monday, May 7,2007
TIME: 7:00 PM
LOCATION: Cavalier G&YC Main Ballroom
All Residents are also encouraged to attend the City
Planning Commission Hearing for the Cavalier G&YC
Application.
DATE: Wednesday, May 9, 2007
TIME: 12:00 Noon
LOCATION: Council Cbanlbers, City, Hall Bldg. #1
"The Purpose of the League (BPeL) is to promote the general
welfare of the residents of Birdneck Point"
780 Oriole Drive
Virginia Beach, Virginia 23451
Department of Planning and Development
2405 Courthouse Drive
Bldg. 2, Room 115
Virginia Beach, Va. 23456-9013
Attention: Ms, Faith Christie
December 4, 2005
RE: Cavalier Golf and Yacht Club Application for Conditional Use Pennit for Maintenance Facility
Dear Ms. Christie:
Our correspondence is intended to convey our objection to this application to develop a
maintenance facility and garage near Kamichi Court. We request that our objection be forwarded to the
Planr:ling Commission members for their meeting on December 14, 2005.
Our objection is based on our concerns regarding the storage of agricultural chemicals and
petroleum products in an area that has produced significant run off and flooding of Kamichi Court. We
are also concerned over the increased commercial traffic on a street that can barely accommodate the
passing of conventional automobiles. Finally, these facilities are currently located on the "main
campus" of the Cavalier Golf and Yacht Club and this proposal places much larger facilities "out into the
neighborhood" where several residential properties will suffer substantial loss of value with the
construction of this facility at the proposed location.
Both my wife and I are active members and support the Cavalier in the Club's need to evolve,
however, we feel that an "on campus" location, or one on the edge of the corrvnunity, would be most
advantageous to the quality of life, and the health and safety of our neighborhood.
Sincerely,
Mr. And Mrs. Robert R. Boseman
'-----
April 30,2007
Department of Planning and Community Development
2405 Courthouse Drive
Building 2, Room 115
Attention: Faith Christie
Virginia Beach, Va. 23456-9040
Subject: Objection to The Cavalier Golf & Yacht Club application for a use permit to be used in
Birdneck Point.
Ladies and Gentleman:
We are residents of Birdneck Point and the purpose of this letter is to strongly object to the
Club's proposal to construct a large maintenance facility on the south side ofK.amichi St. The
rear of our lot, 820 Cardinal Rd" abuts the subject property. We request that this letter be given
to all members of the Planning Commission.
OBJECTIONS:
The proposed facility will adversely affect the values of properties in Birdneck Point.
Our quality of life will certainly be adversely affected by noise, heavy traffic, the congregation of
workers and night lights.
The buildings and fence obstructs golf course views.
In view of the above we request that the Conditional Use Permit be denied.
Ruth M Gibson
,,1 / ,/
/'7' / /'-:- :/ ( ,j
. "I: ,/L ' / ,"-,---, ",-Ir- .
/ <. ,t--c/l- ~._~:(/S. // },' L' --
Harry B. Gi~
Sincerely,
...-:-' _", ',\. 1 .)/'). i
/' {, 'u,/ r / ,~._."",/Z/
.. ......-~..,.~.-.('" :..... .', ~ !.-~
820 Cardinal Rd.
Virginia Beach, Va.23451
{
Raymond J. Gorski
1228 Kamichi Court
Virginia Beach, Virginia 23451
May 1, 2007
Department of Planning and Community Development
2405 Courthouse Road
Building 2, Room 115, Attention: Faith Christie
Virginia Beach, Virginia 23456-9013
Subject: Cavalier Request for a Conditional Use Permit for a Maintenance Facility.
To Whom It May Concern:
I am a resident of Bird neck Point.
I oppose the Cavalier request because land zoned R 40 is not a proper location for a
maintenance garage, The Cavalier is a private exclusive club and this request does not
benefit the neighborhood as a whole. There is no basis to have this private club set aside
its premium land where the existing maintenance facility is located, and use our
residential neighborhood as a dumping ground.
I request that the "Existing Storage Bins" be immediately removed because they were
constructed without approval by the City and are an unauthorized structure. They were
constructed in 2004/2005 without a building permit and have exacerbated the drainage,
flooding, and noise pollution in an R 40 zoned property.
I initially brought the issue of the unapproved "Storage Bins" to the attention of the City
Planning Department on December 5,2005. My letter questioned the construction of the
bins in an R 40 zoned area without notification to the neighbors. I received no reply.
Note: I have the letter and a signed receipt from the planning Department that they
received it on December 5,2005.
On March 20, 2007, I again sent a letter to the Planning Department questioning the
authorization for the construction of the Storage Bins. This time they replied stating that
the bins were constructed without any approvals:
. No request for a conditional use permit
. No site plan approval by the Planning Department
. No building Permit issued by the Planning Department
Now I am told that permission for the construction of the bins will be looked at
retroactively during this request for a Conditional Use Permit. I am concerned about the
level of attention that my letters have received. Why is the Cavalier getting what appears
to be preferential treatment on this matter? Who is looking after the rights of the
residents?
I request that the Cavalier application for a Conditional Use Permit be denied.
Sincerely,
Ray Gorski
757963-1801
r-'--? L-L
t'-~
Helen D. Junkin
1224 Kamichi Court
Virginia Beach, Virginia 23451
Department of Planning and Community Development
2405 Courthouse Road
Building 2, Room 115
Virginia Beach, Virginia 23451
April 30, 2007
Re: Request for Conditional Use Permit by the Cavalier Golf and Yacht Club
To Whom It May Concern:
My family and I have owned the property on Kamichi Court for over fifty years and I am
very much opposed to the request of the Cavalier Golf and Yacht Club for a Conditional
Use Permit to build a Golf Maintenance Facility.
The Club began this on going insult to our neighborhood many years ago with the
dumping of raw materials on the site. The results were disastrous to the environment,
resulting in destruction of many trees not to mention the eye sore created along with this.
Letters were written to the City of Virginia Beach but to no avaiL
The Club accelerated its advance with the addition of storage bins in 2004. Home owners
were told these "will be better than what is there now". These storage bins proved to be
much more invasive than represented, creating 2000 feet of impervious surface, using
only sparse screening provided by seedlings. Noise levels on our street have risen
dramatically and the golf cart traffic on this public thoroughfare has become hazardous.
Letters were written to the City of Virginia Beach, but to no avail.
The Cavalier is trying to move their infrastructure and waste area into the heart of our
beautiful neighborhood. They are telling us again that the Maintenance Facility "will be
better than what is there now". Please, do not ignore us again.
It is the mission of the Planning Department to assure the orderly use and reuse of land.
Granting the Cavalier Golf and Yacht Club a conditional use permit will in no way
enhance the aesthetic or economic viability of the city or this neighborhood. The
Maintenance Facility will only add additional noise, traffic and hardship on our
environment as well as having a negative impact on property values. It will detract from
the quality oflife of the entire neighborhood. Please do not grant this permit.
Sincer~ly ,
"1"-
"-
. \
./'7t)CO .
/ .<.. .'" ~..' ,I
',.~ veL....'. .~"""L,-.j
Helen D. Junkin
Douglas and Marianne Dickerson
1204 Kamichi Court
Virginia Beach, Virginia 23451
April 30, 2007
Department of Planning and Community Development
2405 Courthouse Drive
Building 2, Room 115
Virginia Beach, Virginia 23456-9013
RE: Application of Cavalier Golf and Yacht Club for Conditional Use Permit
Ladies and Gentlemen:
The purpose of this letter is to object to the application of the Cavalier Golf
and Yacht Club for a conditional use permit to develop a maintenance
facility on the south side of Kamichi Court which comes before the Planning
Commission in May 2007.
We believe this conditional use permit should be denied for many reasons
including the negative impact this facility would have on property values of
residences close to the facility as well as residences throughout Birdneck
Point. This proposed facility is in a residential area with the closest
commercial activity being at least one mile away.
Weare concerned about the storage of petroleum products, chemicals and
fertilizer as a potential health hazard to residents. Additionally, this site
would require a large square footage of impervious material which is not in
keeping with the requirements set up by the Chesapeake Bay Board. There
are already many existing draining problems in this area, and we feel that
this proposed site would only exacerbate the problem.
The proposed entry to this site is on Kamichi Court, a very narrow street
which at the present time can barely accommodate two cars passing. We
cannot imagine what the situation would be like with tractor trailers and fuel
tankers utilizing this road on a regular basis.
We feel that the Cavalier Golf and Yacht Club has more suitable options for
the location of this facility which would not negatively impact the residents
of Birdneck Point. We were drawn to this neighborhood because of its
beauty and tranquility, and as residents, never envisioned having to deal with
an industrial type site in the middle of our lovely neighborhood.
As both members of the Cavalier Golf and Yacht Club and residents of
Birdneck Point, we vehemently object to the approval of the conditional use
permit and thank you for your consideration in reviewing the above
referenced application.
s~~ {)~
Douglas G. Dickerson
~~ft).~
Marianne M. Dickerson
May 2, 2007
Department of Planning and Community Development
2405 Courthouse Drive
Building 2, Room 115
Attention: Faith Christie
Virginia Beach, Virginia 23456
To the Members of the City of Virginia Beach Planning Commission,
My name is David Shepheard and I recently built a new home at 820 Oriole Drive adjacent to the
Cavalier's proposed maintenance facility. The purpose of this letter is to outline my objection to the
Cavalier's Conditional Use Permit request to build a new maintenance facility on the golf course land
bordered by Oriole Drive and Kamichi Court..
Public Nuisance
The Cavalier's proposed facility will create a public nuisance, and is not compatible with the
surrounding residential use. Consider the following attributes of the proposed facility:
Maintenance, operation, and storage of heavy agricultural machinery
Storage and distribution of caustic, combustible chemicals utilized in the provision of
landscape maintenance services
Storage and distribution of gas via an on-site storage facility
Requirement for frequent access from large agricultural material delivery trucks
Provision of shelter for workers similar to farm I agricultural shelter
For comparison to the Cavalier's proposal, I have included below a picture of the Merchant's Tire and
Auto Center on Oriole Drive and Laskin Road.
Consider the following comparisons:
The Merchant's facility has 8 automotive maintenance bays; the Cavalier is proposing a
minimum of 12 similar equipment bays.
The Merchant's facility utilizes motor oils and industrial solvents in its provision of services;
the Cavalier's proposed facility would use all of these plus the addition of storage and
distribution for a substantial amount of fertilizer, herbicidal agents, and over 1000 gallons of
above ground gasoline storage.
The Merchant's facility has parking for a staff of 10 employees; the Cavalier is proposing
parking for 10 employees
Page 1
The Merchant's facility operates from 7 AM - 8 PM; the Cavalier has proposed operations
that would extend from 5 AM - 8 PM.
The Merchant's facility is on property zoned B-2, intended for business use; the Cavalier's
proposed facility is on property zoned R-40, intended for residential use.
The Merchant's facility is 6,572 sq ft; the Cavalier's proposed facility appears to be in excess
of 10,000 sq ft.
Can you imagine if Merchant's wanted to re-locate their facility to the middle of any residential
neighborhood in Virginia Beach? It may seem far-fetched, but in that event, in many respects,
Merchant's "use" would be less obtrusive and have less of an impact on the quality of life of adjacent
property owners than the Cavalier's proposal.
It should be noted that the Cavalier deferred indefmitely a request to site their maintenance facility
adjacent to the Merchant's facility because they viewed that even at that location on property zoned
for B-2 development, their use request was not compatible with surrounding properties, and that that
location was better served by a high-end multi-unit residential development that would create
potential new members for the Cavalier.
I should note that I have nothing against Merchant Tire and Auto's services or facilities, They just
don't belong in the middle of a neighborhood. The same can be said of the Cavalier's maintenance
facility, In short, the Cavalier's proposed use is wholly inappropriate on the proposed location.
Inequitable Tax Treatment
The Cavalier is not paying an equitable amount for property taxes to preserve the development rights
that they seek to exploit in their proposal.
The Cavalier has taken the position that they have all the same land development rights as any other
owner of residential property. While technically, the proposed site property is zoned R-40, the
Cavalier has never paid an equitable tax burden for that zoning.
Is it fair for the Cavalier to expect the same development rights as any other R-40 property owner,
without paying the same tax burden to preserve that development right?
Consider the facts. Based on the latest city tax records, the Cavalier has been assessed for $3,880,100
for land the roughly 100 acres of prime waterfront and forested property on which the club and golf
course resides. The land assessment has been broken into 3 categories - Main Campus (5 waterfront
acres assessed at $200,000 per acre), Golf Course (96 acres at $30,000 per acre), and a marsh area
adjacent to the 17th fairway (0.85 acres assessed at a flat rate of$100). According to the city tax
assessor's office, this tax approach was taken to reflect the view that the Main Campus area is being
used for an active commercial enterprise, and that the golf course land, including the proposed
maintenance facility site, are "encumbered" by the golf course, and would not allow development.
In stark contrast, most residential property in Birdneck Point is assessed at well over $500,OOO/acre;
in the case of waterfront property, the number increases to nearly $ 1M/acre.
Based on a proxy of assessed land values adjacent to the golf course, the Cavalier's 100 acres could
easily be assessed for tax purposes at over $60 Million dollars.
At current property tax rates, that represents a shortfall of tax revenue to the city of over $700,000
per year attributable to the preferential property tax treatment that the City has given to the
Cavalier. In another example of preferential tax treatment by the City, the Cavalier's land
assessment had no increase for 2007, while the average individual property owner received a 15%
increase in assessed value. Why? Is thatfair?
Page 2
One could argue that the Cavalier would never develop the golf course into a subdivision - despite a
preferential zoning treatment that would allow it - and that a full assessment at residential land value
is inappropriate. However, in this case, if you are a homeowner of an adjacent property, and you are
going to see a compound with 10,000 square feet in buildings and a 300' long, 6' tall brick wall
surrounding the complex, you may well feel like the Cavalier has built a subdivision behind you.
To add insult to injury, this is not a 10,000 sq ft house. It's a semi-industrial facility with 12 garage
bays, a 1000 gallon on-site refueling station, an equipment washdown, storage and distribution of
substantial amounts of chemicals, employee parking for 10-12 people, a 40' wide driveway for
frequent large trucks delivery, and operations that will create significant noise, air, and water
pollution from 5 AM - 8 PM, 7 days a week. And rather than being 200+ feet from the closest
residential property as the current facility is, it's proposed to be 20 feet away from a residence.
The Cavalier has not paid a fair tax assessment to allow development of any kind on this property,
much less develop the type of facility that is proposed. Further, the Cavalier's assertions that they
have the same development rights as any other landowner are an affront to all of the citizens of
Virginia Beach who are paying substantially higher tax burdens in order to maintain their property
development rights.
Summary
The Cavalier's proposed maintenance facility will create a public nuisance and is not compatible with
the surrounding residential use on the proposed site. Further, the Cavalier is not paying an
appropriate tax burden to preserve their rights to develop any portion of the R-40 zoned golf course
land that they choose to. This is not about preserving a "pretty view". It's about maintaining a
quality of life that should be expected by ANY residential property owner in Virginia Beach.
I understand that the Cavalier desires to build a new maintenance facility to improve their golf course
(which is already one ofthe finest private country club golf courses in Virginia) and to allow for
expansion of their pool, tennis and workout facilities.
The obvious answer here to meet this private country club's needs is for the Cavalier to redevelop
their existing maintenance facility into a mixed-use building. The current maintenance facility -
referred to by Cavaiier members as "The Barn" - is an eyesore. Clearly, if the Cavalier were to put
the time and money that they have invested in their current process, they could come up with
something that would be compatible with their other country club activities on the existing site.
Further, the use would be 1) in the historic location for maintenance services that is contiguous with
the Cavalier's other commercial activities, 2) on property that is more appropriately assessed for taxes
by the City to allow that development flexibility, and 3) on property that is over 200 ft from the
nearest residential property.
When asked directly whether the Cavalier had evaluated a mixed-use facility on the existing
maintenance site, the head of the Cavalier's long-range planning committee responded, "You can't
build a childcare operation, workout facilities, and dining that close to a maintenance shed. They're
just not compatible." It's probably no coincidence to note that the current maintenance shed is visible
from his backyard. Apparently, the Cavalier doesn't have the same "compatibility" concerns with
placing their maintenance shed in someone else's backyard.
'---
I appreciate the Planning Commission and staff s time in evaluating the Cavalier's proposal and look
forward to the opportunity to address you in person at the Planning Commission meeting on May 9th.
Sincerely,
David M. Shepheard/'...... (
~'./'~.
C--d~ Jp! JJ~~"@/,
Page 3
Virginia Beach Planning Commission
Municipal Center
Building 1, Room 115
2405 Courthouse Drive
Virginia Beach, V A 23456
April 30, 2007
Dear Ladies and Gentlemen:
We reside at 816 Cardinal Road adjacent to the sixth fairway of the Cavalier Golf Club.
We would like to register our opposition to the proposed maintenance complex being
planned for construction in Birdneck Point. We believe our quality of life will be
adversely affected by construction of such a facility. Further, the commercial activity,
traffic, and noise, will severely reduce our ability to enjoy the peaceful environment we
have appreciated for fourteen years. We also have concerns about water runoff on to
residential properties and dust and dirt pollution.
It is difficult to understand why property for the purpose of equipment storage and repair,
golf course maintenance, and offices cannot be located beyond the entrance gate to the
Club rather than on property which adjoins residential property. The Club is a
commercial enterprise and ought to house its operations on their commercial property.
Further, we feel strongly that those of us in close proximity to this three-building
complex will suffer loss of property value. Prospective home buyers in Birdneck Point
would be unlikely to choose a home within sight and hearing of the proposed commercial
facility. This is not an appropriate building use in an R-40 zone.
We have never been contacted by any representative of the Cavalier Golf and Yacht
Club, Therefore our first official knowledge of this project was the registered letter
received from Ms. Faith Christie of the Virginia Beach Planning Department on April 2],
2007.
Thank you for your careful consideration of our concerns.
Sincerely,
".-) ",-'
,/' .l;' ,
,/ ,-::.:"..,~ -"
. ',." .<</,'.':'.>"
" l,...[;.,.-vG (" . ' ,", "'/,' . ' , "
1-i!:..,tC.-L./ I' '~::-~.-:' (;:.::'>-'--7 r'
"'., , (
Jan Preston Lowrance '-..-
/:
/i
,;.
j" ;-~.:~'Y'~; ......... \' ..
., 'I, (/ }r!T" (/ ~'" /)
---"',,:- '" /," ,,/'/' '-./ vrj"., /"i",'
.. \ ", ~~~:....~. '" '...-.-'. .-, r7~'" v" \,
I ! \ ' "
:Einda Hoy Lowrance J
, "\.,), /'\ I /".'),
" ),..) Ci.--,'
816 Cardinal Road
Virginia Beach, V A 23451
Mr, Mark Hodges
832 Cardinal Road
Virginia Beach, VA. 23451
The City of Virginia Beach
Planning Department
2405 Courthouse Drive
Building 2, Room 115
Virginia Beach, Virginia 23451
April 30, 2007
Re: Conditional Use Permit, Cavalier Golf and Yacht Club
To Whom It May Concern:
I am 'opposed to the Cavalier's request for a Conditional Use Permit. I have been sharing a property
line with the Cavalier Golf and Yacht Club for many years and have watched as they changed the
grade, resurfaced and restructured the golf course to their advantage and at my expense. My
property has become their run off area and it has cost me a great deal of time and money to rectify
problems caused by their poor stewardship of their land.
I fear that their proposed plans for the Maintenance Facility will further perpetuate the damage
caused to neighbors on this side of Cardinal Road. This facility does not belong in a residential area.
The Cavalier has not been a good neighbor. Please do not grant them this permit.
,~
Sincer~ly:v'
/ i
/- ../
~///
~j' ( ,/..;,
~~,// /
(1 -- ~-___......._......,..-.-....-._..
,.
..../
'/':f/',//1. l
,I' (,(,.,
MaHodges
,.....
812 Oriole Drive
Virginia Beach, VA 23451
April 30, 2007
City of Virginia Beach Planning Department
Municipal Center
Building 2, Room 115
2405 Courthouse Road
Virginia Beach, VA 23456-9040
To Whom It May Concern,
As a resident of Birdneck Point, living at 812 Oriole Drive, and a member of the
Cavalier Golf & Yacht Club, I am writing to express my concerns regarding the proposed
plan for construction of a new maintenance facility. Unfortunately, in selling the property
adjacent to Laskin Road, the Club has now backed itself into a corner in terms oftrying
to move their maintenance facility to an area that is simply inappropriate for such a
development, First of all, the current storage facility that is on the proposed site was
constructed without permits and tends to indicate the level of indifference the Club has
demonstrated in regards to the community and environment, The water access along the
southern border of my property has progressively accumulated silt and runoff from the
golf course, and there is no reason to believe that this level of contamination will do
anything but increase with a facility with fuel tanks and an area for washing down trucks.
As someone who has recently had to pay close attention to the many restrictions
associated with building in this area, I am astounded that the Planning Department would
even consider this project.
In regards to gathering input on this project, I would hope that you would give greater
weight to those individuals with properties adjacent to the proposed maintenance facility.
How can viewpoints from Club members living outside of Bird Neck Point be in any way
material to this discussion? Furthermore, the current plan is being spearheaded by a
member of the club who is also a resident living on a property that is adjacent to the
existing maintenance facility; a true conflict of interest. The size of the proposal and
associated level of activity and noise are simply not compatible with the zoned R-40
residential area where it would be located. Unlike the current location, there has never
been any type of similar business infrastructure or industrial activity in that area since the
construction of the Club, and should not be imposed on residents who purchased their
property expecting to live on a golf course. The obvious answer is to either to find an
agreeable compromise with the city for usage of part of the land along Laskin Road or an
enlarged multiuse facility at the site of the current maintenance building. Approving an
industrial complex in the heart of a beautiful and environmentally sensitive residential
area runs counter to the fundamental principles behind a Planning Department. I strongly
urge the Planning Department to deny this request and preserve the long-standing
harmony between the residents and environment in Bird Neck Point.
Respect:full y ,/.r-'\
CDR AndrewS Joh1}g6~IC lJSN
(,; /; ~
',-- /,,- / j
",-"" IJ/
!
;
,
City of Virginia Beach Planning Department
Municipal Center
Building 2, Room 115
2405 Courthouse Road
Virginia Beach, V A 23456-9040
Dear Members:
We have been residents of Birdneck Point since 1976 and a member of the Cavalier Golf
and Yacht Club since 1968. Both the neighborhood and the Club have been an integral
part of our lives for over a quarter of a century.
As residents and Club Members we vehemently object to the relocation of the
maintenance department of the Club being placed in the residentially zoned area of the
neighborhood.
A change of this nature will completely destroy the Audubon Sanctuary that now exists,
lower property values and insert a jungle of noise, pollution and traffic into our daily
existence,
Thank you for hearing and acting upon our deep concerns.
Sincerely,
~w~~
~?&;~
Walter & Carol Noona
1200 Curlew Place
Virginia Beach, V A 23451
f
9JC~9L~
828 ~rPJ(oad
~@lf~~2M61
May 1, 2007
Re: Cavalier Golf and Yacht Club request for Conditional Use Permit
Ms. Janice P. Anderson
2102 Mediterranean Avenue
Virginia Beach, Virginia 23451
Dear Commissioner Anderson,
My name is Maureen Whitfield and I am a resident of Birdneck Point.My
husband George and I lovingly restored our cottage at the above address ten
years ago. In our wildest imagination we never considered that the Cavalier
Golf and Yacht Club would want to build a huge maintenance building, with
car wash, and fuel tanks with dispensers, adjacent to our property (20 feet)
and one mile from their existing facility. Property values along Cardinal
Road, Oriole Road and Kamichi will drop greatly in value if this should take
place
We implore you to vote no to this proposal.
Warm Regards
/ /-' i ; 'I
<_' ,__,~ ( r ( ,I v
Maureen Whitfield
c:=::
9fF~9L~
828?iJ~ ff/(oad
~@lf~ ~2tJ451
May 1, 2007
Re: Cavalier Golf and Yacht Club request for Conditional Use Permit
Mr. Jay A. Bernas
516 Hunts Pointe Drive
Virginia Beach, Virginia 23464
Dear Commissioner Bernas,
My name is Maureen Whitfield and I am a resident of Birdneck Point. My
husband George and I lovingly restored our cottage at the above address ten
years ago. In our wildest imagination we never considered that the Cavalier
Golf and Yacht Club would want to build a huge maintenance building, with
car wash, and fuel tanks with dispensers, adjacent to our property (20 feet)
and one mile from their existing facility. Property values along Cardinal
Road, Oriole Road and Kamichi will drop greatly in value if this should take
place
We implore you to vote no to this proposal.
Warm Regards
,.:i' {r.i {t~"i."--" i,..il r;J;. [,-,/
i
Maureen Whitfield
c=..
gg'~9L~
8128 C@evn/i;rta/ rP/(oad
~@lf~ ~23461
May 1, 2007
Re: Cavalier Golf and Yacht Club request for Conditional Use Permit
Mr. Eugene F. Crabtree
212 Waverly Drive
Virginia Beach, Virginia 23452
Dear Commissioner Crabtree,
My name is Maureen Whitfield and I am a resident of Birdneck Point.My
husband George and I lovingly restored our cottage at the above address ten
years ago. In our wildest imagination we never considered that the Cavalier
Golf and Yacht Club would want to build a huge maintenance building, with
car wash, and fuel tanks with dispensers, adjacent to our property (20 feet)
and one mile from their existing facility. Property values along Cardinal
Road, Oriole Road and Kamichi will drop greatly in value if this should take
place
We implore you to vote no to this proposal.
Warm Regards ,.' i
"" / A-J i o-/'j., /
.;(. .,fi1/' " 1 ,Lt.'.1AA ~
,,/~,. ....; vG.";..l.. r-<-~~ ,"
v
Maureen Whitfield
91r 0DIJfefm/ 9L ~
828 C@~ fP}{'oad
~@lf~ ~2345
May 1, 2007
Re: Cavalier Golf and Yacht Club request for Conditional Use =
Mr. Donald H. Horsley
3169 Land of Promise Road
Virginia Beach, Virginia 23457
Dear Commissioner Horsley,
My name is Maureen Whitfield and I am a resident of Birdnecb
husband George and I lovingly restored our cottage at the abov-
years ago. In our wildest imagination we never considered that
Golf and Yacht Club would want to build a huge maintenance 1
car wash, and fuel tanks with dispensers, adjacent to our propell
and one mile from their existing facility. Property values along;
Road, Oriole Road and Kamichi will drop greatly in value if th....
place
We implore you to vote no to this proposal.
Warm Regards .' /
, I i "f,/ I
I' /1 .' I" . II j'i ,l,.. (.-l/
L.- {l-{.i f '-'<-.(r--' " (vL. t 1-'"
.~ !
Maureen Whitfield
91f~!i?L (j~
828 ~~rPJ(omi
~@lf~~2UDI
May 1,2007
Re: Cavalier Golf and Yacht Club request for Conditional Use Permit
Mr. Donald H. Horsley
3169 Land of Promise Road
Virginia Beach, Virginia 23457
Dear Commissioner Horsley,
My name is Maureen Whitfield and I am a resident of Birdneck Point.My
husband George and I lovingly restored our cottage at the above address ten
years ago. In our wildest imagination we never considered that the Cavalier
Golf and Yacht Club would want to build a huge maintenance building, with
car wash, and fuel tanks with dispensers, adjacent to our property (20 feet)
and one mile from their existing facility. Property values along Cardinal
Road, Oriole Road and Kamichi will drop greatly in value if this should take
place
We implore you to vote no to this proposal.
Warm Regards,
t {lr.ifcU- /.)Cl'1f' j
.' t
Maureen Whitfield
,---
'---
91f'~9L~
828 C@~ rP/road
~@lf~ ~2tJ4'51
May l, 2007
Re: Cavalier Golf and Yacht Club request for Conditional Use Permit
Mr. Barry D. Knight
1852 Mill Landing Road
Virginia Beach, Virginia 23457
Dear Mr. Knight,
My name is Maureen Whitfield and I am a resident of Birdneck Point.My
husband George and I lovingly restored our cottage at the above address ten
years ago. In our wildest imagination we never considered that the Cavalier
Golf and Yacht Club would want to build a huge maintenance building, with
car wash, and fuel tanks with dispensers, adjacent to our property (20 feet)
and one mile from their existing facility. Property values along Cardinal
Road, Oriole Road and Kamichi will drop greatly in value if this should take
place
We implore you to vote no to this proposal.
Warm Regards ..
. , .I
, . / <{/ t, ,'. "
I ( ({..i..tJ-c..i:. Iv I'vt<.-c' i~ l../
t,
Maureen Whitfield
c:::=.
MAY 1 2007
760 Oriole Drive
Virginia Beach, VA 23451
April 30, 2007
city of Virginia Beach Planning Department
Operations Building 2, Room 115
Municipal Center
2405 Courthouse Drive
Virginia Beach, VA 23456
Attn: Ms. F. Christie
Dear Ms. Christie,
The purpose of this letter is to provide the
Planning Department with my concerns about rumors in the
Birdneck point Community. specifically, I have heard that
the Cavalier Golf and Yacht Club intends to relocate its
garage and maintenance facility for industrial equipment to
an area of the golf course that is in the center of the
Community and that would be no more than 50 yards from
private residences. Moreover, this garage would be used to
store and supply fuel for all of the Club's equipment.
Under no condition should an industrial facility
be situated within the heart of a residential neighborhood.
This would be poor public policy. At present, the Club's
maintenance facility is located on the Club's ~campus" and
is at least 150 yards away from any private residence. In
addition, the maintenance garage has been in its current
location for many years and the home owners in the general
vicinity were aware of its presence when they purchased
their residences. Conversely, the home owners who will be
affected by the Club's request for a Conditional Use Permit
purchased their homes with the understanding that they
would have a view of an open pine forest (which the Club
has subsequently destroyed) and a golf fairway.
c::::
Not only would the proposed garage destroy the
view of the home owners in its vicinity, it would also
2
expose them to noise levels that are inconsistent with a
residential neighborhood. Because the nature of the
equipment used to repair the vehicles and heavy equipment
used to maintain the golf course and the need to test the
repaired equipment, noise levels would be high throughout
the day, which typically begins at first light. Further,
the types of vehicles that would be moving in and out of
the garage make very loud noises. For example, they
include industrial rolling stock, such as farm tractors,
sprayers, lawn mowers, blowers, and vacuums as well as very
large trucks delivering fuel and chemicals to support the
maintenance of the golf course. Moreover, employees'
vehicles would needlessly add to congestion on very narrow
neighborhood roads, such as Kamichi Court and Oriole Drive.
Thus, high noise levels and traffic congestion would
be continuous and disruptive to residents located in the
vicinity of the proposed garage as well as throughout the
Community.
The Club's proposal to relocate its garage would
also pose safety issues. First, increasing the traffic in
the heart of a neighborhood where there are no sidewalks
would increase the risks faced by children who should be
able to play in their own neighborhood without fear.
Second, because the Community is located within the flight
paths of Naval Air Station Oceana, the severity of a mishap
similar to the recent Blue Angels' accident in South
Carolina would be exacerbated by the presence of fuel and
chemicals placed in the center of the Community.
c:=:
In conclusion, I believe that the Planning
Department should recommend that the Planning Commission
reject the Cavalier Golf and Yacht Club's request for a
Conditional Use Permit. The approval of the Club's request
would negatively affect the residents living in close
proximity to the site by destroying their view, increasing
significantly the noise pollution to which they are
SUbjected, and decreasing the value of their property. It
would increase the traffic in a larger portion of a
neighborhood than the present maintenance facility.
Because there are no sidewalks in the neighborhood, all
residents, particularly children, would be at greater risk
when walking. Further, the presence of fuel and chemicals
in the center of the Co~uunity exposes all resident to
unnecessary safety concerns against which they are unable
to protect themselves. All of these issues could be
alleviated if the Club's management made use of an
"I
.J
industrially zoned location to perform its industrial
activities. In fact, most residents rely upon such
arrangements when industrial equipment is used in
maintaining their property.
Sincerely yours,
~~) // 0'-7 /i I
-~." I '''",./ ":4
.:'.", ,r I ,1 ...--.:::: _~ :,' "" /
,I '. ,/1 L ~,/'
,;;:;/~~a-!.J I. ~~ Ga/i~lt2(j/ ~
V"<'1L~ona;~ ~ Ballback
4. - :2 ::; -:..-: -i"; 4: '5:: P~,/i :
; 1
;
~
i
Florence F. Eason
900 Cardinal Rd.
Virginia Beach, VA. 23451
~
,
b
Apri123,2007
Mrs, Faith Christie
Planning Department
Municipal Center
Building 2, Room 115
2405 Courthouse Dr.
Virginia Beach, VA. 23456-9040
Re: Cavalier Golf and Yacht Club conditional use permit application
Dear Mrs. Christie
I am writing to express my opposition to the proposed conditional use pennit to
allow the construction of a maintenance facility. The proposed location of the facility is
directly adjacent to existing residential homes. The majority of maintenance equipment
and activity for maintaining the golf course starts shortly after sunrise and continues until
mid afternoon. This equipment and activity is extremely noisy and disruptive. Allowing
the condition use permit at this location will affect the peace and tranquility of our
neighborhood and is in direct conflict with zoning and the intended use ofthis property.
For these reasons, I would strongly recommend the conditional use pennit be denied.
I
Please forward a copy of this letter to all members of the Virginia Beach Planning
Commission.
Sincerely,
~~
~
Florence F. Eason
=
..,.,
~
~"~
~
~
l'~
Page 1 of 3
Faith Christie
From: Stephen J. White
Sent: Wednesday, April 25, 2007 1 :38 PM
To: Faith Christie
Subject: FW: From John Milleson
Attachments: city council.xls; Cav Land Use Talking Points.doc; Cavalier GYC - a good neighbor.doc; Agro
Center letter from Members at Large 04232007 .doc
FYI
From: Bob Josephberg [mailto:bob@nhcorp.com]
Sent: Wednesday, April 25, 2007 1:16 PM
To: City Manager Citizen Inquiry
Subject: FW: From John Milleson
Dear Jim Spore,
We are residents at 1205 Kamichi Court and strongly oppose the Cavalier's request for a conditional use
permit for a maintenance facility and storage yard on golf course property in the vicinity of Kamichi Trail & S.
Oriole Road (the Cavalier calls it an "agronomy" center to replace the existing "maintenance" and storage facility
which is currently located at the clubhouse & parking lot area of the club). The proposed site is in the middle of a
quiet residential area. The existing site is in the middle of all club recreational activity, parking lots, tennis courts
and the clubhouse. A maintenance & storage facility with mowing equipment, machinery, indoor and outdoor
storage, maintenance activity, repair activity, employee activity, deliveries, traffic, etc. on a site in close proximity
of and adjoining many homes and two residential roads is not compatible with the adjoining uses or the character
of the neighborhood. It will create unacceptable noise starting at very early hours 6 or 7 days a week,
incompatible commercial activity, increased commercial and employee traffic and unsightly building and storage
areas, Kamichi Trail is a very narrow street. Access to the proposed site is from Kamichi trail. Adding this .
proposed major facility & storage yard will result in Increased traffic from vehicles and equipment that will cause a
constant danger to children, joggers, walkers, dog walkers, bicycles and local traffic on the street in front of and
around the proposed facility. It will cause emotional harm to nearby residents and diminished value of the
surrounding homes. It will upset an existing bird sanctuary (I think Birdneck Pointe is a bird sanctuary but I could
be wrong. If so, is this proposed use compatible? Are studies needed? Is rejection on this basis alone
warranted?).
We live 3 houses +/_ from the proposed site. We can see the site from our home and can hear the
mowers, employees, etc. when they perform ordinary mowing and maintenance on the golf course in the
immediate area of the 5th and 6th holes. This is the location of the proposed maintenance area. Naturally,
maintenance of the course is ok with us and is reasonable and to be expected that the Club would maintain the
Club's grounds. It is an occasional and short lived activity. It is not acceptable, reasonable or to be expected that
the Club would have their major maintenance & storage facility located in the middle of and adjoining single family
homes and two neighborhood streets. Maintenance activity starts early before the golfers start playing and ends
late after they are done. Maintaining a golf course takes a lot of materials being stored and moved, deliveries,
equipment storage, employee activity, etc. Actually, a year of so ago the Club prepared and used the proposed
site for some kind of storage area. The design and care of this temporary site and the old equipment, etc in the
maintenance yard at the existing site are bad omens for the character, quality and use of any future facility at this
proposed new location.
The Club has the present facility on land next to other recreational and commerciai club facilities and
served only by interior club paths & roads. It is compatible with surrounding uses and is not a danger to the
,-'- public, It does not cause dangerous traffic where none existed before. We don't know the history of the site but
the present homes near the site knew it was there when they built or bought their homes. I did not expect that a
major facility would be in my immediate area nor did I have reason to expect it. It is not reasonable to create
dangerous traffic, harm the quality of life and decrease property values of people and homes near the proposed
facility because it is the most convenient place for the Club to relocate the facility. Cavalier needs to redesign the
existing pool/tennis/maintenance area or find ano'ther spot where it is not incompatible with adjoining property or
Page 2 of 3
the character of the neighborhood. I am a member of Cavalier (20+ years) and oppose this project. The
"form letter" and materials attached and below sent by the Club to it's members should be taken for what it is _
an attempt by a very few people to get others without any opinion or stake to support them and attempt to
influence the Planning Commission and Council. I have lived in my home for 20+ years and have the right to
expect that the character of the adjoining and nearby property will remain compatible with the neighborhood, I do
not want constant noise and increased equipment and vehicle traffic in the immediate area. This is not a matter
of a public need, taxes to the community, private hardship or the like. It is a matter of convenience. It is unfair
and unreasonable to cause the existing residents increased risk and great emotional and financial harm just to
make it more convenient for a private club to maintain it's grounds. The Cavalier should not have sold the Oriole
drive land (there was no voice or vote by me or the membership other than a select few). The Cavalier should
have purchased adjoining land as it came up for sale over the years. The Cavalier should have had a plan to
accommodate a new swimming pool, etc.,in conjunction with the recent rebuilding of the clubhouse. They should
do anything they want so long as it doesn't interfere with the safety, peacefulness and value of adjoining
property.
We appreciate your thoughtful consideration of this matter. We will have representation at the Planning
Commission and Council meetings and are happy to answer any questions you or your staff may have regarding
this matter. Best regards,
Yours truly,
Sheila and Bob Josephberg
1205 Kamichi Court
From: Jackie Larkin [mailto:jlarkin@cavaliergyc,com]
Sent: Monday, April 23, 2007 3:01 PM
To: John Milleson
Subject: From John Milleson
Dear Cavalier Members,
As you know the ad hoc committee on Land Use at the Club under the leadership of Ed Clexton
and John Napolitano have been working diligently on your behalf for more than three years now, One of
the important goals of that committee concerns the relocation of the Golf Agronomy Center to a location
better suited to meet the current and future demands of maintaining this great golf course of ours, and at
the same time by moving this facility, frees up much needed land to build a new Pool, Tennis Facility
and Activity/Fitness Center (if approved by the membership later this summer.)
But we cannot move forward until we gain a Conditional Use Permit from the City for the new
Agronomy Center and this will only be done with your help! On May 9th at noon we take that next step
at the Planning Commission hearing and we would appreciate if you would attend in favor of this
Project for your Club. There is some isolated opposition to the Plan which comes from adjacent
neighbors and all though they have their point of view, we too as owners of this land feel we have a
right to construct the facility in this location. The Agronomy Center just like the current one is an
Accessory to the Golf Course and as zoned the property is suitable to support such a facility. The
Conditional Use just assures that certain features and conditions are addressed to assure that it is
compatible to the surrounding property and is compliance with all agencies requirements. We have been
good neighbor too for many years and we will continue to be good neighbors in this new location.
I have attached a letter of support for the Project which I would ask that you use as a template to
l. compose your own letter or email of support for this important project. Also attached are contact
information for both Commissioners of Planning and Members of City Council. If we are successful
before Planning we will appear before Council in June. But we need you to make this happen!
"tn.:;n()n7
Page 3 of 3
In addition to sending correspondence in favor of the Project, if you would like to attend the
hearing and would want to ride with other Members we will be providing transportation to and from the
hearing on the 9th just call the Club Receptionist and sign up with number of riders.
On behalf of the Directors, I want to thank you for your support and assistant in this important effort!
Best regards,
John Milleson
l .
,I n::;'/'")(\(\7
Kevin E. & Michelle M. Riggins
1220 Kamichi Court
Virginia Beach, Virginia 23451
December 4, 2005
;arming and Community Development
Christie
Drive
,115
.1irginia 23456-9013
=-.tion of Cavalier Golf & Yacht Club for a Conditional Use Permit
I..e:
~ this letter to voice our opposition to the planned construction of a
:ility which comes before the Planning Commission December 14, 2005.
&Jur opposition are as follows:
., Values - The proposed facility will have a negative impact on the
-- values of all residences (including mine) living adjacent to or within its
J' 0 resident living within view of or adj acent to this facility could have
:s.gined such a facility would ever be built (or allowed to be built) on the
:site, This subject site is situated approximately one mile from any
., with commercial activity,
.,tible Use - The intended use of the maintenance facility is incompatible
surrounding properties. The storage of petroleum products, chemicals,
ilizer on site all pose a health hazard and the noise that will emanate from
"lity from all the mobile equipment will create a sound nuisance for all
= property owners.
;/.ship to Applicant - The Applicant demonstrates no significant hardship
lOI.ing the existing maintenance facility or relocating it on the existing club
_ "te, while the residents of the affected properties will suffer a significant
::::>, at the expense of a not-for-profit social club. A significantly more
property previously owned by the Applicant and that was adjacent to
.7 zoned for commercial use was sold by the Applicant within the past few
1-
. Page 2
December 4, 2005
Objection Number 4:
In 2002, the Cavalier Golf and Yacht Club requested a zoning change and Conditional
Use Permit for a golf maintenance facility on the West side of Oriole Drive, 140 feet
North of Laskin Road. Their request was considered acceptable by the City's Staff
Planner and an improvement to the use of adjoining B-1 Zoned land. The Cavalier
Club has deferred this acceptable request indefinitely. Why do we now have another
request?
Objection Number 5:
The scale of features presented by Gallup Engineering in the Concept Plan dated August 30,
2005.
. The concept plan indicates a 30" R/W for Kamichi Court. The 30 feet may be
correct as indicated in the City's plans, however, in reality the paved surface of
Kamichi Court is only 18 feet, barely enough room for 2 cars to pass side by side.
Does the City plan on widening Kamichi Court to accommodate the Tractor and
Semi-Trailers along with the Fuel Tankers that would be coming on a 18 feet
wide Kamichi Court if this proposal is approved?
. The concept plan indicates that the Apron of the Proposed Entrance would be
approximately 40 feet wide. Approximately 3 years ago when I was obtaining
approval to build my home, I was proposing an apron for the entrance to my
driveway of 20 feet. The city rejected my request and limited me to a 16 foot
apron for my driveway citing zoning restrictions. How can this proposed project
be allowed to have a 40 foot apron for the entrance?
Objection Number 6:
Negative effect on property values for those home sites adjacent to the proposed facility
as well as those home sites in line of sight with the proposed facility.
Sincerely,
(2,,- ,3. Cf'~
Raym::;4~r~ r.
1228 Kamichi Court
,--
CA V ALlER GOLF & YACHT CLUB LAND USE TALKING POINTS
To negin work on long planned and much needed improvements to the Club's tennis,
pool, child care and fitness facilities, it is essential that we demolish and relocate the and
outmoded grounds maintenance building currently located between the tennis courts and
the 1 ih fairway. The purpose of this summary is to provide you with the justification for
this change, to outline the efforts the Club has made to minimize the impact of the
relocation on the neighborhood, and to advise you of the present status of the project.
*
The Pool. The pool is more than 40 years old, is beyond is expected useful life,
and needs to be replaced. Changing and rest room facilities are clearly inadequate.
*
Tennis Facilities. The present facilities are inadequate for our growing
membership.
*
Fitness Facilities. Today's membership is more concerned with exercise and
physical fitness than ever before and we have outgrown the small and limited
facility in the Clubhouse.
*
Maintenance Building. Our grounds maintenance building is also forty years
old, is poorly located, and is in desperate need of replacement to meet current
operating and safety standards and to protect our expensive grounds
maintenance equipment.
.
Background.
In 2003, the Board decided to relocate the grounds maintenance facility to the
property the Club then owned on Oriole Drive between the ninth green and
Merchant's Tire and Auto. The City Planning Department was in favor of the
proposal, but the neighbors objected because of perceived problems in obtaining
access to the site from Oriole Drive. In an effort to be a good neighbor, we decided
not to pursue the planned relocation at that time and to concentrate instead on the
restoration of the golf course. We planned to resubmit a modified design
addressing the concerns expressed by the neighbors when the golf course
renovation was complete.
· In 2004, the Club was approached by developers who wanted to redevelop the
property where a blighted motel was located between the tenth tee and Laskin Rd.
The developers also wanted to in.corporate the Club's Oriole Dr. property into the
redevelopment. Because we thou ght the redevelopment would be good both for the
neighborhood and for the Club, :and that up-scale condominium would be a good
source of potential new members, we agreed to sell the developers the property.
,.--
"--
· Shortly after the sale, we began plans to relocate the maintenance facility to the area
adjacent to the fifth and sixth fairways. Despite our best efforts to design a facility
which would meet with their approval, most of the neighbors whose property
adjoins the fifth and sixth fairway site strongly opposed the relocation of the
grounds maintenance facility to that site.
. In 2005, pressure from the Base Realignment and Closure Commission and from
the state and federal governments led the City to acquire all of the land the
developers had purchased for the condominium development to prevent its use for
residences. As a result, the planned condominiums were not built and the Club lost
a valuable pool of potential members.
. Faced with opposition from the neighbors adjoining the fifth and sixth fairway site,
the Club once again put the project on hold and prepared a new design for the
Oriole Drive property. Because the new design provided access from Laskin Road
rather than Oriole Drive, we were optimistic that we could reacquire the property
and obtain approval for the relocation. Unfortunately, despite receiving
encouragement from several members of City Council, we were not ~ucce~~ful in
reacquiring the Oriole Drive property from the City.
. Once it became clear that relocation to the Oriole Dr. site was a lost cause, the Club
again approached the neighbors with property adjoining the fifth and sixth fairways
to show them new plans in which we had attempted to address many of their
concerns. We asked them to identify any remaining concerns so we could address
them in our final plans. We let theIll know that we were willing to make any
reasonable change which would make the plans acceptable to them. Unfortunately,
we received no feedback other than word of their continued opposition.
. It is our information that a small group of neighbors whose property adjoins the
proposed facility is likely to oppose its approval at both the Planning Commission
and the City Council hearings. We have not questioned their right to take this
position, but we have urged them to make suggestions for changes that would make
the project more palatable to them. So far, they have not made any such
,suggestions and we are left with no alternative but to ask the Commission and the
Council to approve what is in our judgment the best plan.
. Under the circumstances, the Club has no alternative but to ask the Planning
Commission and the City Council to approve its most recent plans for using the
property adjacent to the fifth and sixth fairways. We expect the Planning
Commission to hear our proposal within the next sixty to ninety days, with a City
Council hearing shortly thereafter.
c=:::::.
. As indicated at the outset, relocation of the maintenance facility is a vital part of our
Land Use Master Plan. The relocation is essential to the construction of a new
activity center, to improvements in our tennis, pool, fitness, and child care facilities,
to meeting future parking requirements, to the appeal of our Club to potential new
members, and to the ability of our membership to enjoy fully the benefits of
belonging to a full service club. To that end, we intend to approach as many of our
Bird Neck Point neighbors as possible, including those who are Club members, to
acquaint them with the facts and to ask them to support our efforts to obtain
Planning Commission and City Council approval of our plans. We will encourage
them to participate actively by attending the public hearings, and by writing and
calling Commission and Council Members.
· Those of you who are receiving this communication are urged to accept personal
responsibility for spreading the truth about this project to your friends and
neighbors in Bird Neck Point and, in particular, for communicating your support of
the proposal - by letter, telephone, e-mail, or in person - to members of the
Planning Commission and members of City Council. We hope that you will
actively seek their support. If you receive a negative response, or if you are asked a
question that you are not comfortable in answering, please contact John Milleson at
428-3131, John Napolitano at 428-5892 or Ed Clexton at 491-2141.
YOUR HELP IS VITAL! THANK YOU FOR BEING INVOLVED.
c:=:
Cavalier Golf & Yacht Club history as a good neighbor:
c::=:.
. The Maintenance Staff of the Club maintains the upkeep of the Pront Entrance
year round providing, mowing, weeding, trimming, shaping, feeding, painting,
plantings and mulching of the beds year-round.
. Maintains the Golf Course (many neighbor's back yards) in immaculate condition
year-round,
. Accepts water run-off from most resident's living on the course and filters it
through designed ecologically engineered filtering areas.
. Through these twenty-some environmentally engineered flltering areas have
improved the quality of water run-off over 400% based on pre-renovation design.
. Is a Certified Audubon Cooperative Sanctuary and provides an oasis and natural
habitat for wildlife and native birds "and ducks (some not seen in the area in a
number of years prior to the Renovation and Certification initiatives.
. Provides assistance and support to the Birdneck Point Garden Club for meetings
and workshops free of charge for space and set up required.
. Provides complimentary meeting rooms for Civic League Board Meetings.
. Provides free-of-charge use of the Club's Ballroom for the Annual and Special
Meetings for the Civic League as well as complimentary refreshments and
pastries for those meetings.
. Provides complimentary power to the Neighborhood Triangle from a Club Source
for year-round lighting of the triangle as well as Special Lighting requirements for
Holidays such as Halloween, Christmas and Chanukah.
. With the prestige of the Club and the success of membership in the Club is able to
provide a first class Golf Course to a community that benefits in increased
property values due to its presence.
. A Golf Course Superintendent that has been on property for 30 years with a well
trained and dedicated staff of courteous employees, dedicated to their profession
and applying that concern for the Neighbors and their properties.
. Monetary support for the proposed Neighborhood Entrance as well as a
commitment to utilize our manpower for the construction and on-going
maintenance of the Entrance.
. Sold property to Condo developers to rid the area of a blighted dilapidated Motel,
which would have also brought increased security to the neighborhood.
. Have since, with the sale of the property to the City, taken over voluntarily the
maintenance and care of the property for the City, so that it does not become
neglected and overrun with weeds, dumped junk and vagrants. Are working with
the City to forest the property with new tree plantings.
. The Maintenance Employees are always the first ones into the neighborhood after
a Hurricane, Major Storm or significant Snowfall to clear the streets of fallen trees
and assist neighbors with getting back on the streets by dropping salt, utilizing
plows and chainsaw crews,
. Provides great desirability to move to Birdneck Point by providing a first class,
family oriented Club with a goal of constant improvements to the facility and
service only assuring that it will always remain a valuable part of Birdneck Point
heritage l
To: The Virginia Beach Planning Commission
From: (your name)
Date: (date you are sending)
Subject: Cavalier Golf & Yacht Club conditional use permit for
construction of a new Agronomy Center
As a Member of Cavalier Golf and Yacht Club and resident of
Virginia Beach, I strongly support the request of the Cavalier Golf &
Yacht Club to construct an agronomy center on its property near the
intersection of Kamichi Court and Oriole Drive.
The Club u~~ds to relocate and reconstruct a facility to house
the equipment and supplies that are essential to the maintenance of its
golf course and grounds. It has designed a building which is
attractive, unobtrusive, and compatible with the neighborhood_ The
site is a secluded, wooded area which for several years has been used
for open storage of mulch, soil, and other materials used in the
maintenance of the course and surrounding areas. Traffic to and from
the area will be minimal, and :for the most part will not involve the
use of public roads.
The site of the proposed facility is more than 100 yards from the
points on Kamichi Court on which water sometimes pools during times of
heavy rainfall, and although the drainage problem which causes the
pooling clearly needs to be addressed, there is no evidence that
surface water from the site on which Cavalier wishes to build is now
contributing or will in the future contribute to the Kamichi Court
drainage problem.
I understand the Commission has received expressions of concern
from some neighbors who live near the proposed facility, that chemicals
and petroleum products will be stored on the site. Petroleum products
and chemicals used by Cavalier's grounds maintenance equipment are no
different from the petroleum and chemical products found in and around
most of the si:1gle fc:mily homes in Birdneck Point, except in que,ntity.
Moreover, there are few if any homeowners in the area who are more
careful or conscientious in storing and handling such products than the
management and employees of the Cavalier Golf & Yacht Club.
The Ciub, which has been a part of the neighborhood for more than
seventy years, makes an extraordinary effort to be a good neighbor and
has received awards for its environmental stewardship. There is
evidence throughout the course and neighborhood of the stewarding
efforts of its employees as they hold the distinction of "Certified
Audubon Sanctuary" and "Certified Clean Marina". The Club values its
relationship with its neighbors and can be depended upon to operate the
proposed facility, if it is approved, with extraordinary care. The very
presence of the Club I s golf course maintenance staff throughout the
neighborhood on a daily basis adds to the security of the neighborhood.
The Cavalier has gone to great lengths to design an attractive and
compatible facility, on its own land, which will intrude only minimally
on the surrounding neighborhood. The facility will create no drainage
or environmental problems. There will be no perceptible increase in
traffic or noise, and the Club has agreed to work with the surrounding
neighbors to design a lighting plan that avoids any adverse impact on
them. The approval of this request will enable Cavalier Golf & Yacht
Club to improve both the appearance and the utility of its maintenance
facility and to make the most efficient use of its own property without
adverse effect on the neighborhood.
The Cavalier Golf & Yacht Club has for many decades enjoyed a
strong and positive relationship with the Birdneck Point Community, of
which it and its members are very much a part. The Club has regularly
donated its facilities, its staff, and even its financial resources to
assist in making Birdneck Point a better place to live.
The Management of the Club has a .long established record of
working with the community and of paying particular attention to its
interests and concerns. To that end, the Management and the Board of
the Club have attempted at every stage of the development of this
project to involve the neighbors and to listen to their views. An
effort was made to identify an alternative site and, when that effort
proved futile, the proposed facility was almost totally redesigned with
the objective of addressing the concerns of the neighbors. The proposal
before you is the result of those efforts.
The Cavalier Golf & Yacht Club proposal deserves your support_ I
urge you to approve it.
Sincerely,
Your name
Address
,-
Page 1 of 4
Faith Christie
From: Katie Seabright [katie@sb-Iawgroup.com]
Sent: Tuesday, May 01 , 20074:07 PM
To: Meyera Oberndorf; Louis Jones; Harry E. Diezel; Bob M, Dyer; John Uhrin; Reba S. McClanan;
Barbara Henley; Bill DeSteph; Ron A. Villanueva; Rosemary C. Wilson; Jim Wood; Ruth H. Fraser;
Faith Christie; anhpcomm@cox.met; barrydknight@aol.com
Cc: raygorski @cox.net; 'Kevin Martingayle'
Subject: Cavalier Golf Club Maintenance Building; Procedures for Presentations
Please see below from Mr. Martingayle.,.
Katherine L. Seabright
Paralegal to Kevin E. Martingayle, Esquire
STALLINGS & BISCHOFF, P.C.
www.sb-Iawgrouo.com
2101 Parks Avenue, Suite 801
Virginia Beach, VA 23451
(7~7) 416-6027 (direct dial)
(757) 428~6982 (facsimile)
May 1, 2007
-
VIA FACSIMILE
and ELECTRONIC MAIL
City Council Members
Members of Planning Commission
Re: Cavalier Golf Club Maintenance Building; Virginia Beach Planning and Council
Procedures for Presentations
Dear Honorable Members of the City Council and Planning Commission:
As I believe most of you already know, I represent a group of homeowners in the Birdneck Point
neighborhood who are opposed to the Cavalier Golf and Yacht Club's plan to build a maintenance
building on the golf course in close proximity to several homes. I believe that you have already heard
from many of the residents both verbally and in writing, and I anticipate that you will receive more
communications in the very near future.
I~
The primary purpose of this letter, however, is not to delve into the merits of the Cavalier's
proposal. Instead, I am writing out of concern. about the Council's and Planning Commission's
prohibition against the use of any type of vide(), PowerPoint or similar visual presentations using
electronic equipment. The published Planning Commission procedures state, in relevant pan, "The
Commission does not allow slide or computer generated projections other than those prepared by the
Planning Department's Staff." I have been ad vised by the Council clerk's office that the Council has the
same basic rule. One of the neighbors I represent was planning to put together a short video
presentation that would be very helpful to the Council and Planning Commission, would facilitate
5/1/2007
Page 2 of 4
communication of the neighbors' position and would enable the general public to understand better why
this is such an important application. Unfortunately, we have been advised that this rule will prevent the
showing of such a presentation.
This prohibitory rule is problematic for a number of reasons, including:
/'
~
':;11nnrn
Page 3 of 4
(1) Staff recommendations for or against a proposal tend to carry weight with the Council
and Planning Commission. Allowing the staff to make unrestricted, full presentations
gives the staff an advantage in articulating and advocating its position. This is
particularly so since proceedings are televised. This rule hinders the public's ability to
see the totality of the other side of the debate.
(2) The space used by the Council and Planning Commission is a public space, and the
equipment used by staff is public equipment. It is difficult to conceive of why private
individuals and groups wishing to speak out for or against a proposal are unable to use
such public assets. At a minimum, individuals and groups ought to be able to bring in
their own equipment and make a visual presentation to enhance conveyance of their
messages.
(3) This rule functions as an impediment to free speech and expression rights. Political
speech is the most protected kind that there is, Assuming that there is some legitimate
governmental interest being protected by this particular rule, it is hard to believe that
there is no less restrictive way of protecting the issue or concern that led to the rule.
Several years ago, a judge over-ruled an objection to a visual presentation during a highly
publicized trial in Virginia Beach and said this: "If the ear can hear it, the eye can see it. This is visual
argument." That comment makes a lot of sense. If interested citizens can speak and describe verbally
the reasons why they are for or against something, then they ought to be able to show it as well.
Sometimes "seeing is believing", but the current rules do not make for a "level playing field".
The Cavalier Golf Club proposal is set to be heard by the Planning Commission on May 9.
Accordingly, it is very important to have a timely reply to this letter so that we may either move forward
with preparations for a visual presentation, or consider whether it is necessary to pursue possible legal
remedies concerning the Council's and Planning Commission's rules.
I appreciate your careful consideration and look forward to hearing from you. With kind
regards, I am,
Respectfully yours,
KM/kls
cc: Leslie L. Lilley, City Attorney (Via Facsimile 385-5687 and E-mail to
llilley@vbgov.com)
William M. MacAli, Deputy City Attorney (Via Facsimile 385-5687 and E-Mail to
wmacali@vbgov.com)
Ruth Smith, City Council Clerk (Via Facsimile 385-5669 and E-Mail to
rhfraser@vbgov.com)
Faith Christie, CZA, CBO (Via Facsimile 385-5667 and E-Mail tochristi@vbgov.com)
Ray Gorski (for distribution)
Kevin E. Martingayle
c:=.
Kevin E. Martingayle, Esquire
Stallings & Bischoff, P.C.
www.sb-Iawgrouo.com
2101 Parks Avenue, Suite 801
5/1/2007
Page 4 of 4
Virginia Beach, VA 23451
(757) 422-4700
Direct Dial: (757) 416-6009
Direct Facsimile: (757) 428-6982
c::=.
5/1 12007
DELIVERY RECEPT
Individual letters from the residents listed below were delivered to the Department of
Planning and Community Development, 2405 Courthouse Drive, Building 2, Room 115,
Attention Faith Christie on December 5, 2005 by Ray Gorski. These letters are in
opposition to the request for a Conditional Use Permit by the Cavalier Golf & Yacht
Club.
~. Toles Summers
'..A George M, Whitfield
'/ Harry B. Gibson
vtf' Raymond J. Gorski
~ Kevin Riggins
V Robert R Boseman
\..A""""-Leonard J. Ballback
\4' Steve Hickey
\..,..- Kenna Waitzer
'\t"'-- Douglas G. Dickerson
),~ David H. Shepheard
824 Cardinal Road
828 Cardinal Road
820 Cardinal Road
1228 Kamichi Court
1220 Kamichi Court
780 Oriole Drive
760 Oriole Drive
800 Oriole Drive
808 Oriole Drive
1204 Kamich Court
820 Oriole. Drive
Delivered:
-12 /1 (:'
NaJ.ne:'I,' ....J<<....., L_~'-='-~
I
"f2-1't1 C () /LJ '<.(
Received:
Date and Time:
Name:
Date and Time:
c:::::
d?'/S/oj
i 2-; :,---0
)
I
f
I
\
/~...----
Larry Oleszko
President, Birdneck Point Community League
960 Bobolink Drive
Virginia Beach, V A 23451
Department of Planning and Community Development
2405 Courthouse Drive Building 2, Room 115
Virginia Beach, V A 23456
December 5, 2005
Subject: Conditional Land Use Request for the Cavalier Golf and Yacht Club
The Executive Board of the Birdneck Point Community League has voted in support of
,the residents of Birdneck Point who are opposed to the new Agronomy Center being
planned adjacent to, or within line of sight of their property.
These residents feel that this facility, ifbuilt, will adversely affect their property values
and are very concerned about the increase of noise of both golf course maintenance
vehicles and commercial truck traffic needed to support this type of facility. Other
concerns are the excessive water nmoff which will add to the already problematic
flooding along Kamichi Court and the loss of openness which is one ofthe trademarks of
this neighborhood.
Birdneck Point has been a good neighbor to the Cavalier Golf and Yacht Club and
likewise, the Cavalier has been a good neighbor to Birdneck Point. However, residents
who live close to this area just plain do not want this facility built in their back (or front)
yards,
Your attention is appreciated.
~incerelY, (7/7,;J
(7Y~U( {~.to
1:::arry 0 ~szko .;;1
r==:.
Toles Summers
824 Cardinal Road
Virginia Beach, Virginia 23451
Te1.(757)287-9990 Facsimile (757)422-5118
12/3/05
Dept. of Planning & Community Development
2405 Courthouse Drive
Building 2, Room 115
Attn: Faith Christie
Virginia Beach, Va. 23456-9013
Subject: Objection to Cavalier Golf Club Conditional Use Permit
Ladies & Gentleman:
The purpose of this letter is to formally register my objection to the applicant's
request for a conditional use permit on the property bordered by Kamichi Ct. and
Oriole Dr. My understanding of your obligation as city planners is to preside over
and recommend on land use issues for the overall public good. Hold this thought as
you contemplate this matter,
1) The proposed "Agronomy Facility" as the Cavalier Club spins this issue is nothing
but a maintenance garage. "Agronomy" is defined as the science and economics of
crop production and the management of farm land. This is multiple maintenance
buildings with overhead garage doors to store and maintain machinery & equipment.
2) The proposed plan includes impervious concrete surfaces and structure footprints that
would cover approximately 40,000 square feet. Our properties already suffer
excessive water runoff and flooding from the most recent golf course renovations.
3) The noise, traffic, lighting and designated parking that this facility would bring to our
surrounding homes would have a negative impact on our quality of life and value of
property. Our home's equity drained and that which we all chose and paid premiums
for because of the value of open views and quiet surroundings gone as well. All this
so the private club can have room for another tennis court.
4) This is a private club requesting to negatively impact the lives and property values of
residents of a public neighborhood in the city of Virginia Beach. This private club, of
which 90% of its members reside outside of this neighborhood and even outside our
city limits.
c=::
THIS REQUEST FOR CONDITIONAL USE
IS NOT FOR THE PUBLIC GOOD!
-', .../ ,/ /'f '__..:.--_
~;.,.,...-r~"--,,,~_..,.t.._~;"'''''t.......'~~_.... ..
~-" /'
--~
George M. Whitfield
828 Cardinal Road
Virginia Beach, Virginia 23451
December 5, 2005
Department of Planning and Community Development
2405 Courthouse Drive
Virginia Beach, Virginia 23456-9013
Attention: Faith Christie
Re: Objection to Caviler Golf & Yacbt Club Conditional Use Permit, December 14,2005
agenda.
Ladies and Gentlemen:
As a property owner whose lot adjoins the proposed maintenance facility as referenced
above, I would most adamantly like to voice my objections, some of which are listed
below.
I believe this facility will have a definite negative effect on the value of my home as well
as that of my neighbors.
There is a community hazard with the storage of chemicals used on the golf course as
well as gasoline dispensing units and storage tanks, They will be changing oil etc. on
tractors, lawn mowers and other equipment at this facility. What about potential run off?
These proposed buildings are very tall as compared to my home and that of my
neighbors; it will be like our homes are backed up to a shopping center or industrial
building. The purchase of our home was decided upon because of the unobstructed view
of a wooded area and the golf course. The club has since built a concrete storage bin
which they assured me they would screen, this has not happened. Needless to say I have
little confidence they will do other things that they promise.
This complex will create a nuisance for all of us because of increased traffic, very early
morning starting of machines, (we're on the fifth hole and they are blowing and cutting at
6:30 am now). I'm sure they will have security lighting on all night; this will light up our
back yards.
Ladies and Gentlemen this facility is very large some 12,000 square feet of impervious
surface. I beg you to reject this conditional use permit and leave our homes in the peace
and beauty we now enjoy.
Thank you for your consideration in this matter.
George M, Whitfield
828 Cardinal Road
December 4, 2005
Department of Planning and Community Development
2405 Courthouse Drive
Building 2, Room 115
Attention: Faith Christie
Virginia Beach, Virginia 23456-9013
Subject: Objection to Cavalier Golf & Yatch Club use permit.
Ladies and Gentlemen :
The purpose of this letter is to object to the application of the Cavalier Golf &
Yacht Club for a conditional use permit to develope a maintance facility on
the South side of Kamichi Court, The rear of our lot { 820 Cardinal road} abuts
the subject property. We request that this letter be placed in the packages of the
members of the Planning Commission for their meeting on December 14, 2005,
OBJECTIONS:
A substantical negative effect on property values for those home sites adjacent
as well as those in line of sight with the proposed facility.
A potential increased health and safety hazard to residents in the Cardinal,
Kamichi and Oriole areas. The site plan depicts the installation of an above
ground fuel dispenser and storage tank along with storing hazardous chemicals.
The proposed buildings and fences will increase flooding and hamper
drainage during most rains. During 1996 a large berm was constructed on the
subject property resulting in major flooding on the back of lots 820, 824 and 828
on Cardinal road. After numerous requests the berm was subsequently removed
in the late 1990's which alleviated the problem.
The proposed facility will create a major nuisance including noise, increased
traffic, night lighting and obstruction of golf course views.
S'I /'/l,J
Incere y, , , ,/~ / _'_) / .;j
- "I'" -. L" I ,'_,' ',-- 7// '
,__/ ~7 ,..;:~ ,=., :.- ! / .. /
;f~ )11 ,v~"u>- ~$/ 1_) . ? .r---
Ruth M, Gibson Harry B. Gibson
c::::
820 Cardinal Rd.
Virginia Beach, Virginia 23451
Raymond J. Gorski
1228 Kamichi Court
Virginia Beach, Virginia 23451
December 4, 2005
Department of Planning and Community Development
2405 Courthouse Drive
Building 2, Room 115
Attention: Faith Christie
Virginia Beach, Virginia 23456-9013
Subject: Objection to Cavalier Golf & Yacht Club Conditional Use Permit
Ladies and Gentlemen:
The purpose of this letter is to object to the application of the Cavalier Golf and Yacht Club
for a conditional use permit to develop a maintenance facility on the South side of Kamichi
Court. I request that this letter be placed in the packages of the members of the Planning
Commission for their meeting on December 14,2005.
Objection Number 1:
A potential increased hazard to the residents in the Cardinal, Kamichi, and Oriole areas
would arise if this project is allowed to be built. The site plan depicts the installation of
an above ground fuel dispenser and fuel storage tank along with the storing of
hazardous agricultural chemicals in an R 40 Residential Zone. The area for this
proposed facility is nearby an Accident Zone 2 property the city just purchased along
Laskin Road.
Objection Number 2:
In 2004-2005, the Cavalier Club constructed Concrete bins on the proposed site for the
storing of agricultural materials. The footprint of this construction is approximately
2,000 sq. ft. of impervious surface. To my knowledge, no notice was provided to the
residents for this construction in an R 4() Residential Zone.
Objection Number 3:
The proposed construction of 3 buildings as depicted on their site plan leaves an
impervious surface footprint in excess of 10,000 square feet. This construction combined
with the newly constructed concrete storage bins leaves an impervious surface footprint
in excess of 12,000 square feet in a an area bordered by concrete walls and two gates. I
am concerned with. the implications of storm water management because currently
Kamichi Court floods during most rains with the runoff from the golf course. I have
personally reported this flooding situation to the Department of Public Works on
r- August 17, 2004. The service request number 261050.
Kevin E.& Michelle M. Riggins
1220 Kamichi Court
Virginia Beach, Virginia 23451
December 4, 2005
Department of Planning and Conununity Development
Attention: Faith Christie
2405 Courthouse Drive
Building 2, Room 115
Virginia Beach, Virginia 23456-9013
Re: Aoolication of Cavalier Golf & Yacht Club for a Conditional Use Permit
Dear Ms. Christie:
We write this letter to voice our opposition to the planned construction of a
maintenance facility which comes before the Planning Commission December 14, 2005.
The reasons for our opposition are as follows:
. Property Values - The proposed facility will have a negative impact on the
property values of all residences (including mine) living adjacent to or within its
view. No resident living within view of or adjacent to this facility could have
ever imagined such a facility would ever be built (or allowed to be built) on the
subject site. This subject site is situated approximately one mile from any
property with commercial activity.
. Incompatible Use - The intended use ofthe maintenance facility is incompatible
with all surrounding properties. The storage of petroleum products, chemicals,
and fertilizer on site all pose a health hazard and the noise that will emanate from
this facility from all the mobile equipment will create a sound nuisance for all
adjacent property owners,
~
~--
. No hardship to Applicant - The Applicant demonstrates no significant hardship
of retaining the existing maintenance facility or relocating it on the existing club
house site, while the residents of the affected properties will suffer a significant
hardship, at the expense of a not-for-profit social club. A significantly more
suitable property previously owned by the Applicant and that was adjacent to
property zoned for commercial use was sold by the Applicant within the past few
years.
Department of Planning and Community Development
Attention: Faith Christie
December 4,2005
. Existing Road Access - According to the application, the proposed maintenance
facility will be accessed from Kamichi Court. This road is already inadequate for
two-way passenger vehicles to pass each other safely, The proposed construction
will only make this situation worst as the amount of commercial traffic on
Kamichi Court will increase. Within the past year, a City of Virginia Beach
truck sideswiped my mailbox as it negotiated passing an oncoming vehicle on
Kamichi Court,
Thank you in advance for your consideration of the above in your review of the
referenced application.
Sincerely, _~' " _~"_,,/
~~~
Kevin E. Riggins
1,~ 1ft. rZr
Michelle M, Riggins
(- --
780 Oriole Drive
Virginia Beach, Virginia 23451
Department of Planning and Development
2405 Courthouse Drive
Bldg, 2, Room 115
Virginia Beach, Va, 23456-9013
Attention: Ms. Faith Christie
December 4, 2005
RE: Cavalier Golf and Yacht Club Application for Conditional Use Pennit for Maintenance Facility
Dear Ms, Christie:
Our correspondence is intended to convey our objection to this application to develop a
maintenance facility and garage near Kamichi Court. We request that our objection be forwarded to the
Planning Commission members for their meeting on December 14, 2005.
Our objection is based on our concerns regarding the storage of agricultural chemicals and
petrOleum products in an area that has produced significant run off and flooding of Kamichi Court. We
are also concerned over the increased commercial traffic on a street that can barely accommodate the
passing of conventional automobiles. Finally, these, facilities are currently located on the "main
campus" of the Cavalier Golf and Yacht Club and this proposal places much larger facilities "out into the
neighborhood" where several residential properties will suffer substantial loss of value with the
construction of this facility at the proposed location.
Both my wife and I are active members and support the Cavalier in the Club's need to evolve,
however, we feel that an "on campus" location, or one on the edge of the community, would be most
advantageous to the quality of life, and the health and safety of our neighborhood.
~
~
760 Oriole Drive
Virginia Beach, VA 23451
December 4, 2005
City of Virginia Beach
Department of Planning and
Community Development
2405 Courthouse Drive
Building 2, Room 115
Virginia Beach, VA 23456
Attention Ms. Faith Christie
Regarding: The Cavalier Golf and Yacht Club's request for
an R-40 Conditional Use Permit for land it owns at the
South end of Kamichi Court.
Dear Ms. Christie:
Please forward our objection to the Virginia
Beach Planning Commission concerning the request by the
Cavalier Golf and Yacht Club to use property zoned R-40
(Single Family Residence) for a garage/vehicle maintenance
and chemical storage facility. We understand that this
matter will be reviewed by the Planning Commission at its
December 14, 2005 meeting.
Our objection is based on the following
considerations:
1.
Zoning Incompatibility -- The requested
garage/vehicle maintenance (complete
with fueling capabilities) and chemical
storage facility should not be located
in the middle of a residential
community.
The neighborhood of Birdneck Point is
currently subjected to high noise levels
imposed by the Navy. The proposed site
would ensure an early reveille (about
5:30 a.m. when the maintenance personnel
start work) for those residences
2
abutting the garage, as the tractors,
blowers, and lawnmowers fire up.
The visual impact of viewing the
wall/fence of the garage cannot compare
to the green space of an R-40 residence.
No conditions can be established for the
proposed facility that would provide
the affected residents the same quality
of life they currently enjoy in this
single-family R-40 neighborhood.
2.
No Demonstrated Hardship - The current
garage has been capable of servicing the
needs of the golf course for over forty
years. The current site is several
hundred yards from a single family
residence. The closest residences have
not expressed concerns about the current
site.
The club can easily accommodate its
expansion plans/renovations on the
acreage that currently houses its
facilities.
3.
Alternatives - The current facility ably
serves the golf course (witness the
beautiful three-year old upgraded
course). If an expanded garage/vehicle
maintenance and chemical storage
facility is required, it could be
accommodated at its current location and
could be located beneath the proposed,
new gymnasium the same way the golf
carts are located beneath the enter-
tainment facility.
Alternatively, if an expended
garage/vehicle maintenance and chemical
storage facility would be unsightly if
it were located in the main facility
complex, then a commercially zoned site
could b€ obtained. Such a solution
c:::::::::::.
3
would be similar to the Club's locating
its business offices on Birdneck
Road in an office complex.
In considering the Cavalier Golf and Yacht Club's
reguest, the Commission members should recognize that the
majority of Club members are not residents of the Birdneck
Point neighborhood nor are they necessarily residents of
the City of Virginia Beach. Therefore, the Commission's
members should weigh the benefits of the request versus the
negative impacts that would be imposed on the residents of
the neighborhood, all of whom are permanent residents of
the City of Virginia Beach. Thus, we believe that a
decision supporting the Club's request, which caters to its
members, versus the quality of life for a permanent
community is poor public policy.
Thank you for considering our objection to allowing a
garage/vehicle maintenance and chemical storage facility to
be built in the middle of a single family neighborhood.
~nCerelY yours,
/ -- 7;,1 J
,/ /~~,/( ~. -- . . -CK-~_
~o /;rd ;, B~~q~ -
~-J~~J~3crlu1:f-
Florence M. Young
Kena Waitzer
808 Oriole Drive
Virginia Beach, V A 23451
December 5, 2005
Department of Planning and Community Development
2405 Courthouse Drive
Building 2, Room 115
Attention: Faith Christie
Virginia Beach, Virginia 23456-9013
RE: Cavalicr Golf & Yacht Club Conditional Use Permit
Ladies and Gentlemen:
The purpose of this letter is to object to the application of the Cavalier Golf and Yacht
Club for a conditional use permit to develop a maintenance facility in the neighborhood
of Birdneck Point. I request that this Letter be placed in the packages of the members of
the Planning Commission for their meeting on December 14,2005.
The objections I have are as follows: Birdneck Point is a residential community that
enjoys many beautiful views. The location of the proposed structure would diminish the
aesthetics of the neighborhood as well as the surrounding homes adjacent to the site.
This site would have a negative effect on the property values to those homes.
The site plan proposes the installation of an above ground fuel dispenser and fuel storage
tank. Also plans that include storing of hazardous chemicals in our community. Security
and safety are paramount to me. My concern is that my home is already experiencing run
off from the draining issues relating to the golf course which is causing erosion at my
bulkhead. My property is across the golf course from the proposed site. The addition of a
fuel station so closely situated to the water on a site with existing storm water
management issues brings me grave concerns for the safety of my family, community and
the preservation of the Chesapeake Bay.
I request that the application of the conditional use permit be denied.
Sincerely,
1/' '\ J
t~~-tilJa. {~,Q{AY'1
kena Waltzer ()
c:=::
Douglas G. and Marianne M. Dickerson
1204 Kamichi Court
Virginia Beach, Virginia 23451
December 5, 2005
Department of Planning and Community Development
Attention: Faith Christie
2405 Courthouse Drive
Building 2, Room 115
Virginia Beach, Virginia 23456-9013
RE: Application of Cavalier Golf and Yacht Club for Conditional Use
Permit
Ladies and Gentlemen:
The purpose of this letter is to object to the application of the Cavalier Golf
and Yacht Club for a conditional use permit to develop a maintenance
facility on the South side of Kamichi Court which comes before the
Planning Commission December 14, 2005.
We believe this conditional use pennit should be denied for many reasons
including the negative impact this facility would have on property values of
residences close to the facility as well as residences throughout Birdneck
Point. This proposed facility is in a residential area with the closest
commercial activity being at least one mile away.
Weare concerned about the storage of petroleum products, chemicals and
fertilizer as a potential health hazard to residents. Additionally, this site
would require over 10,000 square feet of impervious material which is not in
keeping with the requirements set up by the Chesapeake Bay Board. There
are already many existing drainage problems in this area, and we feel that
this proposed site would only exacerbate the problem.
c:=:::
Kamichi Court barely accommodates the every day traffic of Bird neck Point
as it is quite narrow and two cars can bardy pass as it is. We cannot
imagine what the situation would be like with tractor trailers and fuel tankers
utilizing this road on a regular basis.
We feel that the Cavalier Golf and Yacht Club has more suitable options for
the location of this facility which would not negatively impact the residents
of Birdneck Point. The neighborhood has been known for its tranquility
and beauty for many years, and as residents we never envisioned having to
deal with an industrial type site in the middle of our lovely neighborhood,
Thank you in advance for our consideration of the above in your review of
the referenced application.
Sincerely,
v~--B.V~
Douglas G. Dickerson
?'J~I11.~
Marianne M. Dickerson
c=
;.:;.,.lling and Community Development
-nve
115
-:Jristie
..ginia 23456
-fthe City of Virginia Beach Planning Commission,
. Shepheard and I am currently building a house at 820 Oriole Drive adjacent to the
Yacht Club (Cavalier) golf course and their newly proposed maintenance facility.
::::>een members ofthe Cavalier for about 25 years, and I spent a fair part of my
~ the Cavalier's already impressive facilities. The purpose of this letter is to outline
I!!!..e Cavalier's Conditional Use Permit request to build a new maintenance facility on
:=)perty bordered by Oriole Drive and Kamichi Court.
:=)posed facility will create a public nuisance, and is not compatible with the
;;;;ential use. Consider the following attributes of the proposed facility:
.:lCC, operation, and storage of heavy agricultural machinery
II!:1d distribution of caustic, combustible chemicals utilized in the provision of
= maintenance services
.:ld distribution of gas via an on-site storage facility
_ent for frequent access from large agricultural material delivery trucks
of shelter for workers similar to farm I agricultural shelter
=> the Cavalier's proposal, I have included below a picture of the Merchant's Tire and
riole Drive and Laskin Road.
[
~
:::::>wing comparisons:
::::hant's facility has 8 automotive maintena.l1ce bays; the Cavalier is proposing 17.
=hant's facility utilizes motor oils and industrial solvents in its provision of services;
_ ier' s proposed facility would use all of these plus the addition of storage and
=:)n for a substantial amount of fertilizer, herbicidal agents, and gasoline
=hant's facility has parking for a staff of 10 employees; the Cavalier is proposing
.:;;:)r 10 employees
Page 1
The Merchant's facility is approximately 12-15 feet tall; the Cavalier is proposing a facility
that is nearly 35 feet tall
The Merchant's facility operates from 7 AM - H PM; the Cavalier has proposed operations
that would extend from 5 AM - 8 PM,
The Merchant's facility is on property zoned B-2, intended for business use; the Cavalier's
proposed facility is on property zoned R-40, intended for residential use.
The Merchant's facility is 6,572 sq ft; the Cavalier's proposed facility appears to be in excess
of 10,000 sq ft.
Now, for emphasis, can you imagine if Merchant's wanted to re-locate their facility to the site that the
Cavalier wants to develop for it's maintenance facilities? It may seem far-fetched, but in that event,
in many respects, Merchant's "use" would appear to be less obtrusive and have less of an impact on
adjacent property owners than the Cavalier's proposal.
For additional emphasis, the Cavalier deferred indefinitely a request to site their maintenance facility
adjacent to the Merchant's facility because they viewed that even at that location, their use request
was not compatible with surrounding properties.
In short, based on the above descriptions and comparisons, I do not believe that the Cavalier's
proposed use is appropriate on the proposed location
Development Right
The Cavalier is not paying an appropriate amount for property taxes to preserve the development
rights that they seek to exploit in their proposal.
Based on the latest city tax records, the Cavalier has been assessed for $3,880,100 for land and
$2,250,000 for the improvements for 18 golf holes (at $125,000 per hole) for a total land valuation of
$6,130,100. The Cavalier's facilities and golf course sit on 99 acres of prime forested and waterfront
property. It appears that the city's tax assessment for land is only based on the property where the
Cavalier's main operations (including the current maintenance facility) are located, and ignore the
substantial property value of the golf course. If the golf course property were subdivided "by right",
based on a proxy of assessed land values adjacent to the golf course, the corresponding property
values would likely be in excess of $60 Million dollars, At current property tax rates, that represents
a shortfall of tax revenue to the city of over $700,000 per year.
F or emphasis, I currently enjoy a wonderful view of Linkhorn Bay over the undeveloped property at
1212 Kamichi Ct. I fully expect that one day, that view will be replaced by a large single-family
home blocking my view. Why? Because 1) that was the approved historic use for the property, and
2) the property owner is paying over $10,000 per year in property taxes on an assessed land value of
$850,000,
The Cavalier is not meeting either of these conditions.
One could argue that the Cavalier would never subdivide and develop the golf course for residential
use. However, in this case, if you are a homeowner of an adjacent property, and you are going to see
a 10,000 square foot house go up with a 300' long, 6' tall brick wall surrounding the complex, you
may well feel like the Cavalier has built a subdivision behind you.
To add insult to injury, this is not a 10,000 sq ft house. It's a semi-industrial facility with 17 garage
c:=: bays, an on-site refueling station, storage and distribution of substantial amounts of hazardous
chemicals, employee parking for 10-12 people, a 40' wide driveway for frequent large trucks
delivery, and operations that will create significant noise, air, and potentially water pollution from 5
AM - 8 PM, 7 days a week.
Page 2
Summary
The Cavalier's proposed maintenance facility will create a public nuisance and is not compatible with
the surrounding residential use. Further, the Cavalier is not paying an appropriate tax burden to
preserve their rights to develop any portion of the golf course that they choose to.
I understand that the Cavalier desires to build a new maintenance facility to improve their golf course
(which is already one of the finest golf courses in Virginia) and to allow for expansion of their pool,
tennis and workout facilities.
The obvious answer here is for the Cavalier to redevelop their existing maintenance facility into a
mixed-use building that could support all of these needs. The current facility is an eyesore, and
clearly if the Cavalier were to put the time and money that they expect in their current proposal, they
could come up with something very attractive on the existing site. Further, the use would be 1) in the
historic location for maintenance services contiguous with the Cavalier's other commercial activities,
and 2) on property that appears to already be assessed for taxes appropriately by the city to allow that
development flexibility.
I appreciate the Planning Commission's time in evaluating the Cavalier's request and my objections
and look forward to the opportunity to address you in person at the Planning Comqlission meeting on
December 14th.
Sincerely,
David M. Shepheard
c=:=
Page 3
Helen D. Junkin
1224 Kamichi Court
Virginia Beach, Virginia 23451
November 29, 2005
City of Virginia Beach Planning Department
Operations Building #2
Municipal Center
2405 Courthouse Drive, Room I 15
Virginia Beach, Virginia 23456-9040
To Whom It May Concern:
I am writing concerning the application of the Cavalier Golf and Yacht Club for a
Conditional Use Permit. I am very strongly opposed to this and feel that the Cavalier has
already violated the property rights of a residential community.
In speaking to Mr. Millicent, General Manager of the Cavalier, it was explained to me
that the Agronomy Center, as he prefers to call it, will be better than what is already
there. There is some truth to this as what was once a pine forest buffer, the Cavalier has
made into the Birdneck Point community eye sore and noise generator. By any other
name, it is still a maintenance facility.
The six foot high brick wall or screen might indeed improve the outside appearance of
the maintenance facility however, since I currently reside on the street facing the six foot
high cinderblock wall, I can attest that the noise and the view oftbe backhoe and dwnp
trucks, is stlll very evident. I can only imagine how this will escalate when there are, (as
appears to be on the plan), 17 garage bays~ a fuel pump, fuel tank, and wash bay for
vehicles. Please do not think that this Agronomy Center is anything more than a
Maintenance Garage being placed in residential zoning.
I was informed by Ms. Christi that a conditional use permit means that with certain
conditions the property may be used for purposes other than the intended use, in this case
residential. I was told that she would insist on the use of certain materials as well as low
voltage security lighting. What about my security'? I am truly concerned about the amount
of traffic and number of employees that a maintenance garage will bring on to my street.
There are plans for the addition of 10 parking spaces for the current 12 employees.
Mr. Millicent assured me that the activity would not increase :from its current all time
high. Since the maintenance garage is being moved into my front yard to allow for
expansion of the Club at the current sight; it is only logical to assume that activity as well
I . as the maintenance equipment will have to increase also, This area is fast becoming the
Cavalier's dumping ground and has no place backed up to residential homes.
It is the mission of the Planning Department to assure the orderly use and reuse of land.
Granting the Cavalier Golf and Yacht Club a conditional use permit will in no way
enhance the aesthetic or economic viability of the city or this neighborhood. It will only
detract from the quality of life of the neighboring residences. Please do not grant this
permit.
Sincerely,
~~
Helen D. Junkin
c==
Todd A. Copeland
324 Bay Colony Drive
Virginia Beach, VA 23451
May 2, 2007
Planning Commission Members
2405 Courthouse Drive
Room 115
Municipal Center, Bldg. 2
Virginia Beach, VA 23456
Re: Cavalier Golf & Yacht Club Conditional Use Permit for
Construction of a New Agronomy Center
Dear Plinning Commission ~embers:
As a Member of Cavalier Golf and Yacht Club and resident of Virginia Beach, I
strongly support the request of the Cavalier Golf & Yacht Club to construct an agronomy
center on its property near the intersection of Kamichi Court and Oriole Drive.
The Club needs to relocate and reconstruct a facility to house the equipment and
supplies that are essential to the maintenance of its golf course and grounds. It has
designed a building which is attractive, unobtrusive, and compatible with the
neighborhood. The site is a secluded, wooded area which for several years has been used
for open storage of mulch, soil, and oilier materials used in the maintenance of the course
and surrounding areas. Traffic to and from the area will be minimal, and for the most
part will not involve the use of public roads.
The site of the proposed facility is more than ~ 100 yards from the points on Kamichi
Court on which water sometimes pools during times of heavy rainfall, and although the
drainage problem which causes the pooling clearly needs to be addressed, there is no
evidence that surface water from the site on which Cavalier wishes to build is now
contributing or will in the future contribute to the Kamichi Court drainage problem.
I understand the Commission has received expressions of concern from some
neighbors who live near the proposed facility, that chemicals and petroleum products will
be stored on the site. Petroleum products and chemicals used by Cavalier's grounds
maintenance equipment are no different from the petroleum and chemical products found
in and around most of the single family homes in Birdneck Point, except in quantity.
Moreover, there are few if any homeowners in the area who are more careful or
conscientious in storing and handling such products than the management and employees
of the Cavalier Golf & Yacht Club. + .,""" ,_.
. .'':'' --';'-~
The Club, which has been a part 9f the neighborhood for more than seventy years,
makes an extraordinary effort to be a good neighbor and has received awards for its
environmental stewardship. There is evidence throughout the course and neighborhood of
the stewarding efforts of its employees as they hold the distinction of "Certified Audubon
Sanctuary" and "Certified Clean Marina". The Club values its relationship with its
neighbors and can be depended upon to operate the proposed facility, if it is approved,
with extraordinary care. The very presence of the Club's golf course maintenance staff
throughout the neighborhood on a daily basis adds to the security of the neighborhood.
The Cavalier has gone to great lengths to design an attractive and compatible facility,
on its own land, which will intrude only minimally on the surrounding neighborhood.
The facility Will create no drainage or environmental problems. There will be no
perceptible increase in traffic or noise, and the Club has agreed to work with the
surrounding neighbors to design a lighting plan that avoids any adverse impact on them.
The approval of this request Will enable Cavalier Golf & Yacht Club to improve both the
appearance and the utility of its maintenance facility and to make the most efficient use
of its own property without adyerse effect on the neighborhood.
The Cavalier Golf & Yacht Club has for many decades enjoyed a strong and positive
relationship with the Birdneck Point Community, of which it and its members are very
much a part. The Club has regularly donated its facilities, its staff, and even its financial
resources to assist in making Birdneck Point a better place to live.
The Management of the Club has a long established record of working with the
community and of paying particular attention to its interests and concerns. To that end,
the Management and the Board of the Club have attempted at every stage of the
development of this project to involv~ the neighbors and to listen to their views. An
effort was made to identify an alternative site and, when that effort proved futile, the
proposed facility was almost totally redesigned with the objective of addressing the
concerns of the neighbors. The proposal before you is the result of those efforts.
".
The Cavalier Golf & Yacht Club proposal deserves your support. I urge you to
approve it.
Sincerely,
Todd A, Copeland
I,
Be DIAMOND ASSOCIATES
" ,....;~ ".'
I'., .,::~ ,:
To: The Virginia Beach Planning Corrunission '".i
From: Robert O~ Copeland
Date: May 2, 2007
Subject: Cavalier Golf & Yacht Club conditional use permit for
construction of a new Agronomy Center
To Whom It May Concern:
As a Member of Cavalier Golf and Yacht
Virginia Beach, I strongly support the request
Yacht Club to construct an agronomy center on
intersection of Kamichi Court and Oriole Drive.
Club and resident of
of the Cavalier Golf &
its property near the
The Club needs to relocate and reconstruct a facility to house
the equipment and supplies that are essential to the maintenance of its
golf course and grounds. It has designed a building which is
at~ractive, unobtrusive, and compatible with the neighborhood. The
site is a secluded, wooded area which for several years has been used
for open storage of mulch, soil, and other materials used in' the
maintenance of the course and surrounding areas. Traffic to and from
the area will be minimal, and for the most part will not involve the
use of public roads.
The site of the proposed ,facility is more than 100 yards from the
points on Kamichi Court on which water sometimes pools during times of
heavy rainfall, and although the drainage problem which causes the
pooling clearly needs to be addressed, there is no evidence that
surface water from the site on which Cavalier wishes to build is now
contributing 'or will in the future contribute to the Kamichi Court
drainage problem.
I understand the Corrunission has received expressions of concern
from some neighbors who live near the proposed facility, that chemicals
and petroleum products will be stored on the site. Petroleum products
and chemicals used by Cavalier r s grounds maintenance equipment are no
different from the petroleum and chemical products found in and around
most of the single family homes in Birdneck Point, except in quantity.
Moreover, there are few if any homeowners in the area who are more
careful or conscientious in storing and handling such products than the
management and employees of the Cavalier Golf & Yacht Club,
The Club, which has been a part of the neighborhood for more than
seventy years, makes an extraordinary effort to be a good neighbor and
has received awards for its environmental stewardship. There is
evidence throughout the course and neighborhood of the stewarding
efforts of its employees as they hold the distinction of "Certified
Audubon Sanctuary" and "Certified Clean Marina". The Club values its
relationship with its neighbors and can be depended upon to operate the
168 BUSINESS PARK DRIVE, SUITE 200
· VIRGINIA BEACH, VA 23462 · (757) 473-3700
Be DIAMOND ASSOCIATES
proposed facility, if it is approved, with extraordinary care. The very
presence of the Club's golf course maintenance staff throughout the
neighborhood on a daily basis adds to the security of the neighborhood,
The Cavalier has gone to. great lengths to design an attractive and
compatible facility, on its own land, which will intrude only minimally
on the surrounding neighborhood. The facility will create no drainage
or environmental problems. There will be no perceptible increase in
traffic or noise, and the Club has agreed to work with the surrounding
neighbors to design a lighting plan that avoids any adverse impact on
them. The approval of this request will enable Cavalier Golf & Yacht
Club to improve both the appearance and the utility of its maintenance
facility and to make the most efficient use of its own property without
adverse effect on the neighborhood.
The Cavalier Golf & Yacht Club has for many decades enjoyed a
strong 'and positive relationship with the Birdneck Point Community, of
which it and its members are very much a part. The Club has regularly
donated its facilities, its staff,and even its financial resources to
assist in making Birdneck Point a better place to live.
The Management of the Club has a long established record of
working with the community and of paying particular attention to its
interests and concerns. To that end, the Management and the Board of
the Club have attempted at every stage of the development of this
project to involve the neighbors and to listen to their views. An
effort was made to identify an alternative site and, when that effort
proved futile, the proposed facility was almost totally redesigned with
the objective of addressing the concerns of the neighbors. The proposal
before you is the result of those efforts.
The Cavalier Golf & Yacht Club proposal deserves your support. I
urge you to approve it.
Sincerely,
R~~~<O fr.A~
Birdneck Point Resident
1332 Penguin Circle
Virginia Beach, VA 23451
I::
, /
168 BUSINESS PARK DRIVE, SUITE 200
· VIRGINIA BEACH, VA 23462 · (757) 473-3700
EENDER:<
CQWJ\RD
May 1, 2007
222 Central Park Avenue
V~!;lifl_ia _ ~~~<:~!YA?:3~6?_~~O?~
757-490-3000
Fax: 757-497-1914
www.pendercoward.com
William A. Lascara, Esq uire
(757) 490-6265
(757) 456-2935 -Facsimile
wlascara@pendercoward.cDm
Department of Planning and Community Development
2405 Courthouse Drive
Building 2, Room 115
Virginia Beach, VA 23456-9013
Attention: Ms. Faith Christie
l~~~, .,r:.~~ (""~
.:,;
t~l/\'/
n 3 '/('!i)
. !.,V'Jf
n ~ nf(,rri>.T('l fH'TH. n'r~~. frn
J . J'~ t ~, ,~> 'J f f.!'~ "..~ ,~ ~ :;"! 3-.' ,10<. l!'.-), " 2':i!:'i I ' I
~_'J. 111 ~t ;-~.Ll \ .~~) ~.~i~L.J~. .r~~!t~..J i~'ij~l,.,J;,
Re: Cavalier Golf & Yacht Club Conditional Use Permit
Ladies and Gentlemen:
As a long-time resident of Birdneck Point, I write to support the request of the Cavalier
Golf.& Yacht Club to construct an agronomy center on its property near the intersection of
Kamichi Court and Oriole Drive. I live on the fourth hole of the Cavalier Golf Course, am
located within approximately:250 yards of the proposed site and have a direct view of the site
from my back yard. My family has owned and lived in this property since 1961.
. The Club, of which I have been a member for over ten (10) years, needs to relocate and
reconstruct a facility to house the equipment and supplies that are essential to the maintenance of
its golf course and grounds. It has designed a building which is attractive, unobtrusive, and
compatible with the neighborhood. The site is a secluded, wooded area which for several years
has been used for open storage of mulch, soil, and other materials used in the maintenance of the
course and surrounding areas. Traffic to and from the area will be minimal, and for the most part
will not involve the use of public roads, I often walk my dog, ride my bike and run through the
neighborhood. I believe the proposed agronomy center will improve, not detract from, the
overall aesthetics of the neighborhood in general and, most certainly, the specific site, which is
now utilized by the Cavalier as a materials storage area.
I understand the Commission has received expressions of concern from some neighbors
who live near the proposed facility, that chemicals and petroleum products will be stored on the
site. Petroleum products and chemicals used by Cavalier's grounds maintenance equipment are
no different from the petroleum and chemical products found in and around most of the single
family homes in Birdneck Point, except in quantity. MoreoveI there are few if any homeowners
in the area who are more careful or conscientious in storing and handling such products than the
management and employees of the Cavalier Golf & Yacht Club. As a resident of Birdneck Point
in close proximity to the proposed facility, I assure you that I have evaluated these concerns,
both personally, and on behalf of my neighbors and members of the Club that will come in close
proximity to it. I believe that the expressions of concern regarding chemicals and petroleum
Department of Planning and Community Development
May 1, 2007
Page 2
products are unfounded. The Club's track record in handling the identical chemicals and
petroleum 'products at the current agronomy center, which is located in close proximity to the
tributaries of the Chesapeake Bay, the Club pool and the tennis courts and other Birdneck Point
residences demonstrates that these claims are rmfounded,
The Management of the Club has a long established record of working with the
community and of paying particular attention to its interests and concerns. I have personal
knowledge and experience in this regard, as I have served on the Board of Directors for the past
three (3) years. To that end, the Management and the Board of the Club have attempted at every
stage of the development of this project to involve the neighbors and to listen to their views. An
effort was made to identify an alternative site and, when that effort proved futile, the proposed
facility was almost totally redesigned with the objective of addressing the concerns of the
neighbors. The proposal before you is the result of those efforts, While I realize there are a vocal
few neighbors who oppose the plan understandably, out of their own self interest, the great
majority of Birdneck Point neighbors and Cavalier Club members support and will benefit by the
proposed facility and the improvements that Club facilities that can be undertaken once the
agronomy center has been moved,
"
The Cavalier Golf & Yacht Club proposal deserves your support. I urge you to approve
it.
Very truly yours,
PENDER & COWARD, P.C.
/L~,.
r . ,'.)A4{
William A. Lascara
W AL/dcr
Page 1 of 1
Faith Christie
From: Planning Administration
Sent: Monday, May 07,20078:55 AM
To: Faith Christie
Subject: FW: CAVALIER GOLF & YACHT CLUB CONDITIONAL USE PERMIT
From: CLEXBOECK@aol.com [mailto:CLEXBOECK@aol.com]
Sent: Thursday, May 03, 2007 8:46 PM
To: Planning Administration
Subject: CAVAUER GOLF & YACHT CLUB CONDmONAL USE PERMIT
DEAR PLANNING COMMISSION MEMBERS;
I AM A RESIDENT OF BIRDNECK POINT. I HAVE SERVED ON BOTH OF THE BOARDS OF DIRECTORS
OF THE BIRDNECK POINT COMMUNITY LEAGUE AND THE BIRDNECK POINT GARDEN CLUB. AS A
RESIDENT AND ACTIVE MEMBER OF THE COMMUNITY I MUST SAY I AM MOST PROUD TO LIVE IN
THIS COMMUNITY.
I AM IN TOTAL SUPPORT OF THE THE REQUEST OF THE CGYC TO CONSTRUCT AN AGRONOMY
CENTER ON "S OWN PROPERTY NEAR THE INTERSECTION OF KAMICHI COURT AND ORIOLE
DRIVE.
I HAVE SEEN THE RENDERINGS OF THE PLANNED AGRONOMY CENTER AND IT IS IN TOTAL
ARCHITECTURAL AGREEMENT WITH THE REST OF THE COMMUNITY.
AS A RESULT OF THE CONCERNS OF A FEW NEIGHBORS, THE ORIGINAL DRAWINGS AND PLANS
HAVE BEEN MODIFIED AND SCALED BACK CONSIDERABLY, THE CLUB HAS MADE MORE THAN A
GOOD FAITH EFFORT TO BE A CONSIDERATE NEIGHBOR.
THE APPROVAL OF THIS REQUEST WILL ENABLE THE CLUB TO IMPROVE BOTH THE APPEARANCE
AND THE UTILITY OF ITS MAINTENANCE FACIL TV AND TO MAKE THE MOST EFFICIENT USE OF ITS
OWN PROPERTY WITHOUT ADVERSE EFFECT ON THE NEIGHBORHOOD,
PLEASE SUPPORT THE CAVALIER GOLF AND YACHT CLUB PROPOSAL. IT DESERVES YOUR
SUPPORT. I URGE YOU TO APPROVE IT,
SINCERELY YOURS,
CATHERINE B. CLEXTON
1000 BOBOLINK DRIVE
VIRGINIA BEACH, VA 23451
See what's free at AOL,.Q9m.
Faith Christie
From:
Sent:
To:
Subject:
Planning Administration
Monday, May 07,20078:56 AM
Faith Christie
FW: Cavalier Yacht and Country Club request
-----Original Message-----
From: Nancy Dickerson [mailto:nkdicker@cox.net]
Sent: Thursday, May 03, 2007 5:50 PM
To: Planning Administration
Subject: Cavalier Yacht and Country Club request
To: Members of the Planning Administration
From: Nancy and David Dickerson
1325 Starling Court
Virginia Beach, Va. 23451
757-425-1562
We are in favor of the request of the Cavalier Yacht and Country Club to
construct an agronomy center on its own property near the intersection of
Camichi and Oriole.
We have seen the proposed plans for the buildings, and find them in keeping
with the integrity of Birdneck Point.
We urge you to approve the Cavalier request, so that the Club can move
forward.
Sincerely,
Nancy and David Dickerson
1
Page 1 of 1
Faith Christie
From: Planning Administration
Sent: Monday, May 07, 2007 8:57 AM
To: Faith Christie
Subject: FW: Conditional Use Permit - Cavalier Golf & Yacht Club
Attachments: DOC050207.pdf
From: Carie Norwood [mailto:Carie@hre-rst.com]
Sent: Wednesday, May 02,20079:47 AM
To: Planning Administration
Subject: Conditional Use Permit - Cavalier Golf & Yacht Club
Dear Planning Commission Members,
I am attaching a letter from Todd Copeland regarding the Conditional Use Permit for the Cavalier Golf & Yacht
Club, I will be mailing the original letter out this afternoon.
Sincerely,
Carie Norwood
Assistant to Todd Copeland
757-473-3709
Todd A. Copeland
324 Bay Colony Drive
Virginia Beach, VA 23451
May 2, 2007
Planning Commission Members
2405 Courthouse Drive
Room 115
Municipal Center, Bldg. 2
Virginia Beach, VA 23456
Re: Cavalier Golf & Yacht Club Conditional Use Permit for
Construction of a New Agronomy Center
Dear Planning Commission Members:
As a Member of Cavalier Golf and Yacht Club and resident of Virginia Beach, I
strongly support the request of the Cavalier Golf & Yacht Club to construct an agronomy
center on its property near the intersection of Kamichi Court and Oriole Drive.
The Club needs to relocate and reconstruct a facility to house the equipment and
supplies that are essential to the maintenance of its golf course' and grounds. It has
designed a building which is attractive, unobtrusive, and compatible with the
neighborhood. The site is a secluded, wooded area which for several years has been used
for open storage of mulch, soil, and other materials used in the maintenance of the course
and surrounding areas. Traffic to and from the area will be minimal, and for the most
part will not involve the use of public roads.
The site of the proposed facility is more than 100 yards from the points on Kamichi
Court on which water sometimes pools during times of heavy rainfall, and although the
drainage problem which causes the pooling clearly needs to be addressed, there is no
evidence that surface water from the site on which Cavalier wishes to build is now
contributing or will in the future contribute to the Kamichi Court drainage problem.
I understand the Commission has received expressions of concern from some
neighbors who live near the proposed facility, that chemicals and petroleum products will
be stored on the site. Petroleum products and chemicals used by Cavalier's grounds
maintenance equipment are no different from the petroleum and chemical products found
in and around most of the single family homes in Birdneck Point, except in quantity.
Moreover, there are few if any homeowners in the area who are more careful or
conscientious in storing and handling such products than the management and employees
of the Cavalier Golf & Yacht Club.
The Club, which has been a part of the neighborhood for more than seventy years,
makes an extraordinary effort to be a good neighbor and has received awards for its
environmental stewardship. There is evidence throughout the course and neighborhood of
the stewarding efforts of its employees as they hold the distinction of "Certified Audubon
Sanctuary" and "Certified Clean Marina". The Club values its relationship with its
neighbors and can be depended upon to operate the proposed facility, if it is approved,
with extraordinary care. The very presence of the Club's golf course maintenance staff
throughout the neighborhood on a daily basis adds to the security of the neighborhood.
The Cavalier has gone to great lengths to design an attractive and compatible facility,
on its own land, which will intrude only minimally on the surrounding neighborhood.
The facility will create no drainage or environmental problems. There will be no
perceptible increase in traffic or noise, and the Club has agreed to work with the
surrounding neighbors to design a lighting plan that avoids any adverse impact on them.
The approval of this request will enable Cavalier Golf & Yacht Club to improve both the
appearance and the utility of its maintenance facility and to make the most efficient use
of its own property without adverse effect on the neighborhood.
The Cavalier Golf & Yacht Club has for many decades enjoyed a strong and positive
relationship with the Birdneck Point Community, of which it and its members are very
much a part. The Club has regularly donated its facilities, its staff, and even its financial
resources to assist in making Birdneck Point a better place to live.
The Management of the Club has a long established record of working with the
community and of paying particular attention to its interests and concerns. To that end,
the Management and the Board of the Club have attempted at every stage of the
development' of this project to involve the neighbors and to listen to their views. An
effort was made to identify an alternative site and, when that effort proved futile, the
proposed facility was almost totally redesigned with the objective of addressing the
concerns of the neighbors. The proposal before you is the result of those efforts.
The Cavalier Golf &. Yacht Club proposal deserves your support. I urge you to
approve it.
Sincerely,
Todd A, Copeland
Faith Christie
From:
Sent:
To:
Subject:
Planning Administration
Monday, May 07,20078:56 AM
Faith Christie
FW: Birdneck Point
-----Original Message-----
From: brobinsonl126@cox.net [mailto:brobinsonl126@cox.net]
Sent: Wednesday, May 02, 2007 2:42 PM
To: Planning Administration
Subject: Birdneck Point
I wish to express my support to the Cavalier Golf & Yacht club. I am a long
time resident of Birdneck Point and the Club has always been a good
neighbour and everything they do improves the quality and beauty of our
neighbourhood.
Barbara Robinson
1
DEAR LADIES AND GENTLEMEN:
Page 1 of 1
Faith Christie
From: Planning Administration
Sent: Monday, May 07, 2007 8:56 AM
To: Faith Christie
Subject: FW: CAVALIER GOLF & YACHT CLUB CONDITIONAL USE PERMIT
From: BRENDA KNAPP [mailto:BRENDA@KNAPPANDCO.COM]
Sent: Thursday( May 03(' 2007 4:27 PM
To: Planning Administration
Subject: CAVAUER GOLF & YACHT CLUB CONDmONAL USE PERMIT
DEAR LADIES AND GENTLEMEN:
I AM A RESIDENT OF BIRDNECK POINT AND A MEMBER OF THE CAVALIER GOLF AND YACHT CLUB
(CGYC). I WAS A BOARD MEMBER (HELD POSITIONS AS SECRETARY AND VICE-PRESIDENT) OF THE
BIRDNECK POINT CIVIC LEAGUE FROM 2003-2006.
I SUPPORT THE REQUEST OF THE CGYC TO CONSTRUCT AN AGRONOMY CENTER ON ITS OWN
PROPERTY NEAR THE INTERSECTION OF KAMICHI COURT AND ORIOLE DRIVE.
AS A PAST CIVIC LEAGUE BOARD MEMBER, I PERSONALLY KNOW THAT THE CGYC HAS GONE TO
GREAT LENGTHS TO DESIGN A BUILDING WHICH IS ATTRACTIVE, UNOBTRUSIVE, AND COMPATIBLE
WITH THE NEIGHBORHOOD. THEY HAVE HAD NUMEROUS MEETINGS WITH CERTAIN AFFECTED
RESIDENTS AND MEETINGS WITH THE CIVIC LEAGUE BOARD.
AS A RESULT OF THE CONCERNS OF A FEW NEIGHBORS, THE ORIGINAL DRAWINGS AND PLANS HAVE
BEEN MODIFIED AND SCALED BACK CONSIDERABLY. THE CGYC HAS MADE MORE THAN A GOOD
FAITH EFFORT TO BE A CONSIDERATE NEIGHBOR.
THE APPROVAL OF THIS REQUEST WILL ENABLE THE CGYC TO IMPROVE BOTH THE APPEARANCE
AND THE UTILITY OF ITS MAINTENANCE FACIL TY AND TO MAKE THE MOST EFFICIENT USE OF ITS
OWN PROPERTY WITHOUT ADVERSE EFFECT ON THE NEIGHBORHOOD.
THE CAVALIER GOLF AND YACHT CLUB PROPOSAL DESERVES YOUR SUPPORT. I URGE YOU TO
APPROVE IT.
SINCERELY YOURS,
Brenda Knapp, CPA
956 BOBOUNK DRIVE
422-5470
IRS Circular 230 Notice::
Any U,S. tax advice included in this written or electronic communication was not intended or written to be used, and it
cannot be used by the taxpayer, for the purpose of avoiding any penalties that may be imposed under the Internal Revenue
Code or applicable state or local tax law provisions.
-0
..c G)
::::s .c fn
(3 en .-
G) fn
:E(.)~
CJ c: co
/lIPf co c:
>c:<(
~G)G)
w......
c: c: .-
ca .cu en
::!:::;EG)
I~ G) .~
'-'fnn;
s.. s.. c:
Q) ::::s s..
== 0 G)
cao:!:
~~<(
o~
.t::
(.)
Cts
CD
D:1
.Cts
..... s::::
.5 0
Q) ......
.a.;;. U)
$ .~ t--.-
'toaaeo
oeo
~o~
<:3(.)0)
CDO)~
..c: . s:::: ~
"""".....c
s::::
o s::::
"""" Cts
"0......
CD a..
""""
s::::
CD
CI)
e
a..
'-
Q)
--
-
a:s
>""0
a:s CD
OJ:
..UJ
c: CD
Q) (.)
t: c:
~ ctS
o c:
IS
c:
~ --
Q) ctS
~~:E
C')
--
u.
~
-
Q) Q)
()+-J ~
cCO u..
coE l1l
c --
Q)x 0
+-' 0 -
CS- 0
-- c.. 0
CO c.. ~
~ CO "I-
Q) Q) 0
en ..Q Q)
S-o -C
:::J +-J - - s-
O,^ en Q)
o~ ~~
"I-CO O:::J
(5 Q) . en..Q
fr\ c.. 4= .- .A'"
'-" 0.. +-' a..:~
-C +-J CO 0- C
Q) -= C en .C 0:::
+-' Q) Q)~O o..~
CO()S-::O+-J<;J..,
() S- :s .0 N 0 ~
o COo CO .. 0"::::::
--.J c.. "I- c.o u.. 0:::
-
-
en
:::J
c.
E
CO
()
C
--
CO
E
~
~
Q)
S-
()
CO
o
~
C
o
.
~
:!:
-
--
()
CO
u..
Q)
t)
c
CO
C
Q)
+-'
C
.-
CO
:E
+-'
C
Q)
S-
S-
:::J
o
.
.
S-
~
:::J
l1l
0:
l1l
o
-
o
o
~
Q)
+-'
CO
E
--
X
o
s-
o..
c.
<(
~enQ)~
Q)e:!::::::+-'
o en::
:6 ~ C.I) -u
+-J c.. :::J CO
CO 0 C. "I-
:5 Q) E ~ (\..
-a..Qcoe~
-- CO () CO (.)
~:!::ec~
W :::J .- Q) t:
en en CO+-' 0
CO ~ E _5 (.)
..ce+-'CO~
s.... CO e E ca
.~ <D ~ Q) S
CO > :s.c CI)
>cot)+-'.......
CO ..c s.... <D
o +-' -- t)
Q)O<Dco
..cc~o..
J-oco
-co+-J
"C
CJ)
..c
en
CJ)
(.)
<( t:
co
g t:
.- Q)
...... .......
c.t:
o a(6
1:2
NO)
Q) .~
'-.......
:J en
C) .-
a_ ><
..::::L LL W
"C
t:
CO
C.
><
W
'+-
o
..c
......,
0>
C C
Q) .-
(j)X(])
s...(])..Q
+:i Ci "'0
CE-""'"
(]) ::J '+-
o>O~Ci
C U > (/)
ot:: ~Q
-::J:!:::Q
CO 0==0
"'0 U U ~
(])CJ)~~
..c .-
CJ)c"'O,+-
C (]) 0
"CQ)"CCJ)
C ......, C CJ)
CO C CO (])
0.'- 0. U
X CO X X
wEw(])
. .
s....
(])
._ en
co'c E
> c 0
CO Q) s....
o+-''+-
s.... CJ)
.8J2C5
.......s......c:
en Q) en
o::t::'+-
U ::J 0
c.cO)
..c(])-c.......
uEQ)c
~c..E>~
s.... 0 CO s....
0.. - (])
o.(])CE
CO > (])
,+-Q)we
o -c (]) '+- Q)
CJ)~32~Q)
......,\U>s....+-'
~~o::J~
C 0 a..!... 0 I'-
Q) .....I U ~
CO . .
~
......,
.-
-
.-
U
CO
u..
Q)
U
C
CO
C
(])
......,
C
.-
CO
~
"'0
(])
"'0
C
CO
0.
X
W
c:
(1)
(1)
~
......
m(1)
em
onsJ!1
.- (1) s-
..s-~
Q.<e 0
000
I ...... fJ)
M "'C .-
CI> (1) 5:
~ .c ...
:JCJ)~
.~ (1)
~LL 1a
(J
o
-'
(1)
~
w
.w
0) 0)
~~
-00)
0) C
CJ) .-
o 0)
g-.o -0
s... -0 Q)
0- - s...
::::J .-
COw
co u Q)
.c~-o
....., ....., ~
Ir... :.:: . -
0) .0 ~
e>coo-
co ~ CJ)
- -0
CJ)O)O
-00
0) cO_
uCON
s... 0- ~
cox~
o..Wo
. .
.
CJ)
0) 0)
();t: ~
coo u..
CO-o a::l
c Q) ,'"
2cn '-I
cO 0
. - 0- s-
COOO) 0
E s... .- ~
s... 0. co E
Q) s... > 0
_O>oco s...
....s-...-t) ~
~coc_ -0
\,\1 - Q) .... 0)
Ots...:t= >
c.o~~ 0
o.o.u CJ) . E
coO-c::::JCJ)Q)
~~coogs...
o ..c:::::J . _ s...
w 32 ....., . 0> 10 ~ L..
:!:::::::J-ocs........,Q)
'Q50CDOO)s...ij::
c > ..c: , '" 0- ::::J :J
O)>cn'-lOLL.o
(Q. . .
Q)
CD
.....,
0>
.r:: C
..... .-
f'- .5:2
~
s- w
0-0
~ 0)
co c
Q) .-
s-co,..-...
co 0- E
..., E co
~Oa::l
w () Q)
Q)0).c
(1)>1-
..., co 0
CJ).c...,
'"'Owe
e s- --
co ~ 2
0.- 0
xO.c
LU~CJ)
>-
:t=
()
co
LL
(1)
U
e
co
e
(1)
.....,
e
.-
co
~
'"'0
Q)
-0
e
co
0-
x
W
.
I:
o
U)
.-
"-
fa
Q.
E
o
o
CI)
N
.-
(/)
"'C rn
Q)~
.- :1
LL 0
-gO
Q.rn
o .-
-I:
(3) s::
~~
"'Cs::
s:: (3)
::;)(1,)
(I,) ~
0')......
L- (I,)
COaJ
....I
G)
......
.-
en
"'C
(I,)
rn
o
C-
O
L-
a..
o
....
"C
Q)
u.c:
c:: U) ~
o Q) (1)--
-- (.)
Q.~o
Oco
ISI1.
...c....
~ -- c
~~ e
:::s -== II..
C)Q):::S
-- .... 0
.!...L C'O
(.)
o
-
Q)
~
. s
o ...... 0 -Ie 0
...... C ...... en .0 ..c::
-0 Q) ~...... .S CI)
L... _ s.... . - 0
Q) L... Q):::S (]) 13 -..
-55 B Co 0 ~"'(~
o 0"'(""0 ~
~ ~ ~.~ ~ ~ CI)
C ...... CO C (]) - Q)
CO ~ -0 C.~ g ~
C..c en E-2a:~'~
2 -0 E ~ (J.) (]) ~ .t:
C Q) 0 ~..c:..s:::: -..
co 0. 0 '-' I....... "4oo.i ~ t::
~ :J L... - C .~ 0 0
.::::::: 0=0 0 (J.) ~ a5~
Q) 0 co (J.):so; ~ ~
.e 0 co CL ~.g .r/) ~
...... Q) ::> ....... CI) ..Q ~
Q) 0 -0 > (J.) (])~ ~
...... co C (J.) ..0 O:l () 0
co 0. co C CJ.) ~ c 0)-'
00 en - -r"'I ...... E "4oo.i . t:: ~
o ~ .- .- c: i3 'lJ
03 Q) 0 'S en (]) ~ ~ g
rv .e n r-n........:S,9.. ::J 0
u.. ...... LL L.U co.jc '>o..J.Q <.)
. .
L...
L... Q)
uQ ...... 0> -
en.-... -.- co C -
~ ~ $ g> $:2 .~
..c -0 Z ~ -o.S "-
~ C ...... co c ..c .~ g
o co co ........ rn'CO ~ C -0
0) ...... en \wi I ,- ...... C ......
E ~ ..Q -0 .5 en .S: Q) :J
0= O)c32 "-+:i~O
"- 0 C co .- co 0 . -
.e~..c~-.5~COo~
o E L... co '+- ~ .-
coE COC~OQ)~ro
e co e 0.:0 ~ ~ C .5 Q)
c..N~'+-"-+:iQ)"f-oen
a. co _ 0 r~ 0'- 0 ..c -0
co.e 0 (J.)~ CO>~ 0 C
,+--ooeno-c'SOCOco
o (J.) 0. :J C '+- co t)
enoO>L...~co+:i..c~-o
........:J,....Q)\.&.I :J \N
'+= -c .: t: C - co E 0 C ""'"":"
(J.) ,. '\ ...... Q) s.... 0 ,. '\ 0 "- co 0
\.&.I...... 00\.&.1 0"-......
a5 0:: .em 0 c.. co .l= co 0> Q)
co.. .
~tn
Z c:
0::
...... I..
n:s
c-c......
a>(/)
g~-c
.- a> c:
Q.(.)n:s
oc:(ij
I ~.=
I^ a> -c
... , ...... I..
Q) c: n:s
I.. .- 0
~~\t-
.~ 0
.,'..".',' u. CD I..
-- ...... a>
n:s c:
(.) t-
O 0
aiO
~
co C') N 0>
o........c c...-...s...c
........ c.- 00 (J).- (]) 0.-
(])-o (/)Q) :0-0- ~
-0 s... s... . ~ ..c: C :::J == CO ~ ~
(]) s... ro ................ S - :::J () ..c: 0..
..c :::J () :5 c 0 () ..a (J) ........
(/) ~ '+-0 ro Q) .c >- ~ (]) .~ co
(]) "'" '+- Q) 00 s... . - E c
o :5 ~ ........ 3: CD C .=::: ro $ 0
ffi >- c ~ CD C> :::J 1:5 (J) - (J) +:i
c..as... ~..acoo<(co-o
2-00 s...Q)E()-ooo-o
c CD u ~ ~ -- CD C ........ 0.. ro
-- -0.. S ;:> \U CD C co ..c: 0>-0
co :::J Z --=- ~ :5 c - -2> c c
~ u 0 \,u '-'" <( 0 s... -- co
Q) u........ o. CJ) 0.......00 (J)
..c: 0 ro C') c.. .8 t:: ~ c.. CO 'x t
........Q)oc:>Q):J(])-o-oQ):::J
Q) U - 1::;:> .. 0 () (]) (]) 0
........ co 0> CO Q) (]) () c........ >-~ U
~ 0.. C ....... C ro CJ) . c ro ~ (/)
o (/) .- en -0 u .- c.. > s... co .-
Q)~-o~ >-~ g ~ o..(]) E
(]) co C ~ ro (]) (]) 0
0:: :5 0.. CO OJ -0 2 :5 s... '-"' 0:: 2
.
.
.
(/).--.(/)0
=r--~""""
co~uc
..a :::J
,+--OJ::;co
- C C
o co >-.-
C>~ Ci5"E
E ..c .2: ()ro
0........-
s... 0 CD
..c'+-..a-oc
U (/) E s... ~
co-e ~o.
e ro e (/) -0 .-.
Q.~~~o-g
Q...c - U ..c: 0
CO ou(/)..c:
'to- -0 0 IT"I ........ s...o
o Q) 0.. ioU ..c:
U s... o>..a
2 :::J 0> (]) .- ..c
\4= -0 C - U5 co C')
(]) (]) E ro J::; .-
a3O::..cLU~~
co. .
(\..
..c:
::s
..c:
lI\
o
0)
..Q
o
.......
c:
. ....
~
8-
~
~
~
~
aJ
;:
~
Q)
.......
,S
~
Q)
..Q
'b
lI\
.......
Q)
~
as
=e
.S!2
..c co
t>
( ::::J C/')
-
CD 0 CJ)
E
(.) ~ co
ns ...... en en C/')
C. C ::::J Q) c:
en ::::J C- .- 0
......
0 .- ~
E -
0 .-
.c u
Q) ca co 0
C) cO LL ..t::
::::J C/')
c c Q) I
0 <C "CO u
c ~
C en:E co
CD en c ~
Q) Q)
CD (.) ...... CJ)
c c -
> .- Ol
1- CO 0
ns ... ~
D- O
.c (!)
'- E
CD e
-- LL
-- .
~
>
ns
(.)
CD
.c
......
en
CD
0
C
I
I'-
CD
'-
::::J
0)
--
L">
......
....
<'. ~ (I) t::
(I) ~ Cts
Cts t:: (,)
e ::::1 ~
Cts .:: 0 ..c::
e (I) (.) ~
ok S ~ ....
0 ~ CI)~ 't-oOCl)
e 'to;; :::s 0) "0 o 0) ::::1
~ .0 0 t: :::: 0) Q"
CI) (I) t: 0 ca Cts t:: e
Cts s ~ Cl CI) ...... =s ca <'.
CO ..c:: .... e en .~ (,) "-
CI) :::s o.~ 'h::::s (I)
Q) (I) t:: o ~ CI) t:: U .5 :::::
s... ~ 0 0) en en Cts t:: Cts ~
(I) .t: t: S ~
-- .Q (,)..... e
I ..c:: t:: ....OQ)"O Q) I Cts
tJl CI) 0 :::s ..s:::: :.;;. en t::CI)(I)O
(.) (.) ca ~
-- C\I (I) ~ca~e t:: .(1) S (I)
LL S :::Sen Q. -q::5!s::;:
(I) o e 0
CI) ....CI) ..s:::: (.) CI) :::: 0
(I) t: e 0 CI) (,)
S ...... ca........ (I) ns I
....... ....CI)CI) (,)'to; (I)
...... ...... t:enQ. t::~ (.)
en Q. ca
0 .t:: ~~ e .~ cu c::
..c:: a:~Cts
.(,) :i: .....CI) Q) e s:::
.... Q.~
~ ;: e.5
~ ..... Cts
e
>.
.....
.-
-
.-
(.)
n:s
LL
Q)
g~
n:s m
1 E
1:E
.- ::s
~CJ)
'-
Q)
.-
-
n:s
>
n:s
(.)
.......
0) ..c: ~ C
..c:.......s.... .......0)
....... - - ....... s.... ,.."
Q)SC CD t::~
....... .......:::J ..c: 0) _ --.
ro co....... 0. -C
uO)(J 0 Oco
o en Q) en 0.. 0
- - c.o .......
OrJ)c :::J co.......
....... C _ _ u
eno<( u .......co
Q) u rJ) Q) c a.
:"::1.rJ)en ..c: ~E
en -- CD .......
- rJ) U ..c: -00 -~
co - - c ....... 0) CD
5 ~ -c -~ s.... en
-- c.. E rJ)
0. en 0) ~ eO)
o :::J ..c: 0 '+- co
CD 0........ :::J ~ 0)
- E C> C> co.......
.0 C :;:::; S co
roco~ c '"9->
:"::1. U '-' 0 \ \,I _
:::Jc..:2 U s....U
en .- U CD -c
~ co c Q) ..c:- -
E .- .0 t:::::J 0)
....... - co 0 :"::1.
en c> rJ) -c '+- S rJ)
~c.o "S _~...,.-.:-c
~ --:::J 0 '-' 0)
:: en U co C rr,
ro -x ~ s :;:::; co 0
CD 0) 0 ~ CO)o.
> CD c> 0 19:"::1. 0
co ..c:....... . - rJ) rJ) 0..
..c: ....... ~ ~ -g -c 0)
oCE 0 en~..c:
.......0 0)0.......
en rJ) b ~. s.... 0. C
Co ~ 0) Q) rJ)c co 0 co
0) = , ^ en rJ) s.... ..c:
'"' - - 'I J ", 0 0) 0.........
~ U:::J ~ :;:::; ....... ....... rJ)
0. co ~ co -- C s....
ro,+--c .......s....enO)CD
s....O)C '+-O)-s....c
O)UCO oa.cos....s
-- c C ~ 0 C ::J 0
rococ> C ou
> C -- co ~ a CD $
f~ 0) enCD '+-0 0) 0 :5 s....
'-/....... - C CD
C -C.c ",.- ...... C 0.
m -- ~ en ~ 0
..c:COQ):::JC/'):::J=COs...
I- E:5(J:).o<(:5 c..
.
.
.
CI) Q)
:::-. Q)g
~C\1,-0)~C\1
~ Q) C\1 .5 "'0 ~
~~~~Q)~
.... 0 U t: ~ c:
~ a 0 :Q .~ .ea
~Q.C:o~E
C\1u)'C: Q)
t: 0 .... "'0 Q) ~
o~CI)c:-S~
~ :::: ! C\1 "- 0)
Q) g ~ ~ 0 .5
e ~ Q..S- ~ > l:i
o 0 .... ..c: c: 0 ~
.c:oi~l'CIe~
.:: ~ b Q) a E ~
Q)~~..Q OU
SO..c:E..c:~C\1
...... ~ Q) 0) ~ ..Q
o \.I ~ ~ Q) '-
-0 c: 0 ~ 0 " ....
-0 C\1 c: ..Q ~ .~ ~
c:C:CI)~-SC\1~
C\1 .~ ! u ~ ~ '0
~U)~'-ot~
~ .~ C\1 .~ :::: Q) ~
..Q E-SC;~ Q.o
OE~>oe"'O
o U C\1 ...... Q. Q)
O)oQ)o~ ..c:
-0 .o~ Q) c: CI) U)
...... 0) ~ Q) =:1
~C:Q.5~Q.
0.... ~ E
..c:C:Q)E~C\1
U)c::QoEu
'-.! C\1~ E c:
.~ a.. c: Q) 0 ....
ca Q) .~ ~ (.) C\1
s ..c: ~ .s ...... E
C\1~CI)\.IC\1,-
t, lw Q) c: .... ....
\J......~C\1(.)Q)
Q)~tre~-s
~ C:'-
.~ 0
~~
s:::
o
(/)
.-
'-
ca
c.
E
v
-
ca
s:::
.-
u.
(1)
s:::
o
--.,
~
.-
-
.-
Co)
C'CS
LL
CI)
Co)
c:
C'CS
c:
CI)
.....
c:
.-
C'CS
:E
'"C
CI)
U)
o
c.
e
a.
~
.-
-
.-
(.)
C'CS
LL
CI)
Co)
c:
C'CS
c:
CI)
.....
c:
.-
C'CS
:E
co
:.j::j
C CO
(J,) \of- .
:OO-g
CI) (J,) 0
(J,) - r-
~'"O--
......'"O~
CI) ._ 0
o>E..c
CI) ..c
00>0)
- ..c .-
U ...... (J,)
EC-=
o - CO
~ .:+::i
~c
4:t::0>
0>'"0
o a..-
(Y')oCl)
~~~
_ a.
C
o
.....
c:
e
...
~
o
>. . CI)
...... ~ CI)
~ CO (J,)
~ ~ .C
0'- CI)
~ ~ ::J
a. ...c: ..c
-r:.-~
.CO ~ 0>
...... ..c
C\of-......
0> 0 0
'"0 1'1'\ CI) .
. - "'" - CI)
CI) '"0 ~
0> .- 0> C
~CI):.::o
......~co:+::i
en 0> > CO
0> ..c CO ~
en ...... t '\ (J,)
o 0'-' a.
_o>...c:o
u..c:t:
E......~
e ~ en
\of- ::J
Lt::'eno
...- . - ::J
+ ..c 0)
o U.-
. - ......
o..cc
N ~ 0
()
('.
J:
......,
.-
~
Q.
::s
Q)
E
o
(J
c:
cu
(J
s...
Q)
.-
-
cu
>
cu
o
Q)
J:
......,
c:
o
.-
......,
C-
O
......,
fn
Q)
..c
CI)
J:
......,
fn
.-
J:
......,
fn
-
Page 1 of 1
Faith Christie
From: Planning Administration
Sent: Wednesday, May 09,200710:45 AM
To: Faith Christie
Subject: FW: cavalier golf and yacht club
From: Ted Verfurth [mailto:ftvmd@cox,net]
Sent: TuesdaYI May 081 2007 5:33 PM
To: Planning Administration
Subject: Fw: cavalier golf and yacht club
----- Original Message -----
From: Ted Verfurth
To: planadmin@vbgov.com
Sent: Monday, May 07,20078:15 PM
Subject: cavalier golf and yacht club
Department of Planning and Community Development,
I have lived in Birdneck Point for sixteen years and have been a member of the Cavalier Golf and Yacht Club for
ten years. The club has a long range plan to improve the facilities for it's members, Part of this plan involves
moving the agronomy center to a new location. This property has been owned by the club for seventy-five years
and this proposed center is an excellent use foe this property.
I support the request of the Cavalier Golf and Yacht Club to construct an agronomy center on its property near the
corner of Kamichi Court and Oriole Drive, The club has been an asset to the community and the continued
growth of the club will benefit Birdneck Point.
The Cavalier Golf and Yacht Club proposal deserves your support. I urge you to approve it.
Sincerely,
Francis T. Verfurth
1304 Penguin Circle
MICHAEL H. LEVINSON
Attorney and Counselor At Law
Citv~S~ir~ir1ia Beach
Virginia-Beach, Virginia 234Sf::2S04
michael@mlevinsonlaw.com
757.491.8782.F
May 8,2007
VBgov.com
~;;W~PH~rable Members of the Virginia Beach Planning Commission BU~~~~~~~~g~~~~~
FAX (757) 426-5667 2405 COURTHOUSE DRIVE
" . , VIRGINIA BEACH. VIRGINIA 23456-9040
Subject: Cavalier Golf & Yacht Club CUP Application-Agronomy Center
As a resident of Birdneck Point and a member of the Cavalier Golf & Yacht Club,
I respectfully ask that you give favorable consideration to the Cavalier's application for a
CUP to construct its proposed agronomy center. This facility is dearly needed to allow
the Cavalier to efficiently operate its golf course and club and is the only feasible
location for this facility on the Cavalier's property. The approval of this request will
enable the Cavalier to improve both the appearance and functionality of its maintenance
facility, currently an unsightly two-story metal prefab building readily visible by many
Birdneck Point neighbors and Cavalier members, and to make the most efficient use of
its property without any material adverse effect on the neighborhood,
The Cavalier attempted at every stage of the development of this facility to
involve the neighbors and to listen to their views and, because of some to identify an
alternative site and, when that effort proved futile, the proposed facility was almost
totally redesigned with the objective of addressing the concerns of the neighbors. The
proposal before you is the result of those efforts.
Based on the revised drawings proffered by the Cavalier, the building design is
attractive, unobtrusive, and compatible with the neighborhood. The facility will create no
drainage or environmental problems. There will be a minimal increase in traffic or noise
to the surrounding neighbors, and the Cavalier has assured them it will design a lighting
plan that avoids any adverse impact to them, In short, the Cavalier has successfully
addressed all legitimate concerns. It has gone to great lengths (and cost) to design an
attractive and compatible building so that it will have minimal impact on the surrounding
neighborhood. Any remaining and legitimate concerns over drainage, traffic impact and
the environment can and should be addressed by placing conditions on the CUP.
The Cavalier is a large reason for the popularity of the neighborhood and
the attendant property values. Our property's uniqueness and value will not continue
without the continued growth and success of the Cavalier. And what a great neighbor
to have! The Cavalier has been excellent stewards of the environment and very
supportive of the neighborhood and the efforts of our civic league. The Cavalier values
its relationship with its neighbors and can be depended upon to operate the proposed
facility with extraordinary care.
In your evaluation of this application strictly on its merits, weighing both the
positive and negative impact on the Birdneck community (I include the Cavalier as a
Michael H. Levinson, Esq,
May 8, 2007
Page 2
part of that community) and not the claims of a few property owners who wish to
preserve their scenic views, I believe you will conclude, as I have, that the application
should be recommended to City Council for approval.
With appreciation for your fair consideration of this meritorious application, I am
Very truly yours,
~..e~
Michael H, Levinson
jaalMHL
C:IDocuments and Settingslmichael.mhlevinsonlawlMy DocumentslCavalier CUP letter.4.doc
Page 1 of 1
Faith Christie
From: RGGERLOFF@aol.com
Sent: Tuesday, May 08, 2007 4:37 PM
To: Faith Christie
Subject: New Maintenance Facility in Birdneck Point
Ms. Christy,
I am writing to you in regards to the new maintenance facility that the Cavalier Golf & Country Club is proposing
to build in Birdneck Point. I would like to let you know that I am opposed to the site that has been chosen for
this structure. It is directly behind some of my neighbors' homes, and I feel this will have a great negative
impact on them in the following ways:
1.) The maintenance crew begins work very early in the morning. The equipment they use is loud (my
husband can attest to this because he lived near the current maintenance facility), and I believe
this will be a disturbance to their peace.
2.) Some of my neighbors have small children and pets, I feel that having this equipment nearby could be
a potential hazard to them,
3,) Building a maintenance shed directly behind their homes will devalue their property.
Please bring this to the attention of the members of the planning commission. I am asking them to consider my
objections stated above when making their decision on whether to proceed in allowing this structure to be built
on the proposed site,
Sincerely,
Sara W. Gerloff
See what's free at AGL.com.
::;'/OrJnn7
page 1 ot 1
Faith Christie
From: Nancy Hunt [nancyhunt1 @cox.net)
Sent: Tuesday, May 08, 200710:03 AM
To: Faith Christie
Subject: Cavalier Golf Club Maintenance Facility
Attn: Faith Christi
Please bring this to the attention of the members of the Planning Commission. We are residents of Birdneck
Point and are writing in response to the conditional use permit the Cavalier Golf and Yacht Club is requesting to
house their maintenance facility, We are not in favor of placing this facility directly behind residents homes as it
will directly affect their real estate value. The neighborhood was founded with the premise that all the homes
would enjoy either a view of the golf course or water, and this facility would impede the integrity of the
neighborhood.
Thank you for your consideration in this matter.
Nancy and Ken Hunt
5/8/2007
Faith Christie
From:
lent:
;"0:
Subject:
Planning Administration
Monday, May 07, 2007 2:08 PM
Faith Christie
FW: Opposition to New Maintenance Facility In Birdneck Point
-----Original Message-----
From: Edmondson, Charles M CDR USN COMOPTEVFOR
[mailto:EdmondsC@cotf.navy.mil]
Sent: Monday, May 07, 2007 9:43 AM
To: Meyera Oberndorf; irjones@VBgov.com; Harry E. Diezel; Bob M. Dyer; John
Uhrin; Reba S. McClanan; Barbara Henley; Bill DeSteph; Ron A. Villanueva;
Rosemary C. Wilson; Jim Wood; barrydknight@aol.com; ANHPCOMM@cox.net;
Planning Administration
Cc: mimiboseman@cox.net
Subject: Opposition to New Maintenance Facility In Birdneck Point
Planning Commission Members,
My name is Charlie Edmondson and I live at 779 Oriole Drive in Birdneck
Point.
I am not a member of Cavalier Golf Club but I have lived in Birdneck Point
since May 1992.
am writing this letter ;i,.Ilopposition to the proposal to build a new
maintenance facility in the vicinity of Kamichi Trail and S. Oriole Road in
Birdneck Point. I have always been reluctant to get into the affairs of
the Cavalier Club but this is a simple matter of right and wrong.
This facility is being built behind several houses and will pretty much
:ompletely obliterate their view of the golf course and definitely change
~he manner in which they have become accustomed to living. Not only will
the value of their property be negatively affected, but the constant noise
and activity will certainly be disruptive in their daily lives. This is
plain and simple; a bad decision and one that is being proposed, not
because the existing facility is inadequate (Cavalier GC is one of the best
kept golf courses in the area) but because they want to make a few changes
around the Pool and Tennis area. A marginal decision at best for the club,
but a devastating decision for the people whose homes are affected.
The most basic way to look at this proposal is: Would I vote for this
proposal if I was living there and this maintenance facility was going
behind my house? I can assure you that not a single person would vote for
this proposal. In fact you would want to fight to keep it out of your
backyard!! As I said earlier, I am reluctant to get involved in any way
with another's affairs, but in this case, had I been the one that is going
to suffer because a large Club with powerful people wanted to change my way
of life, I'd sure appreciate any help I could get.
~~is is my attempt to support those that I feel are being wronged.
1
V/rr
Charlie Edmondson
'DR USN
2
rage 1 or L
Faith Christie
From: Planning Administration
Sent: Tuesday, May 08,20071 :25 PM
To: Faith Christie
Subject: FW: Cavalier Golf & Yacht conditional use permit for construction of a new agronomy center
From: Timothy J, Spillane [mailto:spillane@cox.netJ
Sent: Monday, May 07,20078:52 PM
To: Planning Administration
Subject: Cavalier Golf & Yacht conditional use permit for construction of a new agronomy center
To: The Virginia Beach Planning Commission
Dear Sirs:
As a member of CG&YC, I strongly support the request of the Cavalier Golf &
Yacht Club to construct an agronomy center on its property near the intersection of
Kamichi Court and Oriole Drive.
The Club, of which I am a member, needs to relocate and reconstruct a
facility to house the equipment and supplies that are essential to the maintenance
of its golf course and grounds. It has designed a building which is attractive,
unobtrusive, and compatible with the neighborhood. The site is a secluded, wooded
area which for several years has been used for open storage of mulch, soil, and
other materials used in the maintenance of the course and surrounding areas.
Traffic to and from the area will be minimal, and for the most part will not
involve the use of public roads.
The site of the proposed facility is more than 100 yards from the points on
Kamichi Court on which water sometimes pools during times of heavy rainfall, and
although the drainage problem which causes the pooling clearly needs to be
addressed, there is no evidence that surface water from the site on which Cavalier
wishes to build is now contributing or will in the future contribute to the Kamichi
Court drainage problem.
I understand the Commission has received expressions of concern from some
neighbors who live near the proposed facility, that chemicals and petroleum
products will be stored on the site. Petroleum products and chemicals used by
Cavalier's grounds maintenance equipment are no different from the petroleum and
chemical products found in and around most of the single family homes in Birdneck
Point, except in quantity. Moreover, there are few if any homeowners in the area
who are more careful or conscientious in storing and handling such products than
the management and employees of the Cavalier Golf & Yacht Club.
The Club, which has been a part of the neighborhood for more than seventy
years, makes an extraordinary effort to be a good neighbor and has received awards
for its environmental stewardship, There is evidence throughout the course and
neighborhood of the stewarding efforts of its employees as they hold the
distinction of "Certified Audubon Sanctuary" and "Certified Clean Marina". The Club
~values its relationship with its neighbors and can be depended upon to operate the
proposed facility, if it is approved, with extraordinary care. The very presence of
the Club's golf course maintenance staff throughout the neighborhood on a daily
518/2007
rage L or L
basis adds to the security of the neighborhood.
The Cavalier has gone to great lengths to design an attractive and compatible
facility, on its own land, which will intrude only minimally on the surrounding
neighborhood. The facility will create no drainage or environmental problems. There
will be no perceptible increase in traffic or noise, and the Club has agreed to
work with the surrounding neighbors to design a lighting plan that avoids any
adverse impact on them. The approval of this request will enable Cavalier Golf &
Yacht Club to improve both the appearance and the utility of its maintenance
facility and to make the most efficient use of its own property without adverse
effect on the neighborhood.
The Cavalier Golf & Yacht Club has for many decades enjoyed a strong and
positive relationship with the Birdneck Point Community, of which it and its
members are very much a part. The Club has regularly donated its facilities, its
staff, and even its financial resources to assist in making Birdneck Point a better
place to live.
The Management of the Club has a long established record of working with the
community and of paying particular attention to its interests and concerns. To
that end, the Management and the Board of the Club have attempted at every stage of
the development of this project to involve the neighbors and to listen to their
views, An effort was made to identify an alternative site and, when that effort
proved futile, the proposed facility was almost totally redesigned with the
objective of addressing the concerns of the neighbors. The proposal before you is
the result of those efforts.
The Cavalier Golf & Yacht Club proposal deserves your support. I urge you to
approve it.
Sincerely,
Timothy J. Spillane
1537 West Little Neck Road
Virginia Beach, VA 23452
757-672-2900
5/8/2007
r a.~C; 1 Vi L.
Faith Christie
From: Planning Administration
Sent: Tuesday, May 08, 2007 1 :25 PM
To: Faith Christie
Subject: FW: Cavalier Golf & Yacht Club Conditional Use Permit
From: Bob Knuth [mailto:Knuth@cox.net]
Sent: Monday, May 07,20079:46 PM
To: Planning Administration
Cc: knuth@cox.net
Subject: Cavalier Golf & Yacht Club Conditional Use Permit
May 7, 2007
Department of Planning and Community Development
2405 Courthouse Drive
Building 2. Room 115
Virginia Beach, VA 23456-9013
Attention: Ms, Faith Christie
Subject: Cavali~r Golf & Yacht Club Conditional Use Permit
Ladies and Gentlemen,
I have been a resident of Birdneck Point for the past 17 years and currently
reside at 1300 Kildeer Ct. Over the past several weeks I have had an opportunity
to meet with, and discuss in detail, the proposed agronomy center with members of
the Cavalier Golf & Yacht club, Based upon those discussions and the plans
presented, I support the request of the Cavalier Golf & Yacht Club to construct an
agronomy center on its property near the intersection of Kamichi Court and Oriole
Drive.
Through my discussions with the Club, it is apparent that the Club has gone to
great lengths to design an attractive and compatible facility, on its own land,
which will intrude only minimally on the surrounding neighborhood. The site is a
secluded, wooded area which for several years has been used for open storage of
mulch, soil, and othe= materials used in the maintenance of the course and
surrounding areas. Based upon the plans I reviewed the Club's plans will
drastically improve the current site and conditions. I also learned that the
facility will create no drainage or environmental problems. There will be no
perceptible increase in traffic or noise, and the Club has agreed to work with the
surrounding neighbors to design a lighting and landscaping plan that avoids any
adverse impact on them. The approval of this request will enable Cavalier Golf &
Yacht Club to improve both the appearance and the utility of its maintenance
facility and to make the most efficient use of its own property without adverse
effect on the neighborhood.
I understand the Commission has received expressions of concern from some neighbors
'-- wbo live near the proposed facility. As I am scheduled to be out of town this
Wednesday, during the hearing, I want ed to ensure that the commission was aware
tbat I am in support of this facility and the improvements it will provide to our
5f8/2007
.1 a1:;c; ~ U.l ~
neighborhood. Having previously served on the Birdneck point Civic League Board,
and severed two terms as President, I don't waver in my support, knowing the club
has gone over and above what would normally be required for such a facility. The
Management of the Club has a long established record of working with the community
and of paying particular attention to its interests and concerns, something I know
they will continue doing even after the approval of this project.
Several years ago the club under took a renovation of the golf course, a
project that caused similar concerns to the neighborhood. Today, the entire
neighborhood benefits from that project; from a course that is more pleasing to
look at or to play, the end result is the Cavalier Golf & Yacht Club made our
neighborhood a more desirable place to live. I am certain that once the fear of
change subsides, this project will have the same end result.
I urge you to approve this project for the improvements it provides our
neighborhood and because both the neighborhood and the Cavalier Golf & Yacht Club
deserve your support.
Sincerely,
Bob
Robert (Bob) F. Knuth
1300 Kildeer Court
Virginia Beach Va. 23451
5/8/2007
-- . -.........-.... - ............... "- ..... -_.&..&.... "--'.&.~u VV.l.l'--".lL....V.l...I.l... I,..l~'-" 1-''-''.l..l.llJ.L
rage 1 Vi .)
Faith Christie
From: Planning Adrr:inistration
Sent: Tuesday, Me.V 08, 2007 1 :25 PM
To: Faith Christie
Subject: FW: Cavalier Golf & Yacht Club conditional use permit
Attachments: cavalier,pdt
From: Kalfus, Evan M [mailto:ekalfus@kpmg.com]
Sent: Monday, May 07, 200710:45 PM
To: barrydknight@aol.com; anhpcomm@cox,net; Planning Administration
Subject: Cavalier Golf & Yacht Club conditional use permit
<<cavalier.pdt>>
Dear Virginia Beach Planning Commission
As a resident of Birdneck Point, I strongly support the request of the Cavalier Golf & Yacht Club to
construct an agronomy center on its property near the intersection of Kamichi Court and Oriole Drive.
The Club, of which I am a member, desires to relocate and reconstruct a facility to house the
equipment and supplies that are essential to the maintenance of its golf course and grounds. It has
designed a building which is attractive, unobtrusive, and compatible with the neighborhood. As you
maybe aware, the site is a secluded, wooded area which for several years has been used for open storage
of mulch, soil, and other materials used in the maintenance of the course and surrounding areas. Traffic
to and from the area will be minimal, and for the most part will not involve the use of public roads.
The site of the proposed facility is more than 100 yards from the points on Kamichi Court on which
water sometimes pools during times of heavy rainfall, and although the drainage problem which causes
the pooling clearly needs to be addressed, it is my understanding that there is no evidence that surface
water from the site on which Cavalier wishes to build is now contributing or will in the future contribute
to the Kamichi Court drainage problem.
I understand the Commission has received expressions of concern from some neighbors who live
near the proposed facility, that chemicals and petroleum products will be stored on the site. Petroleum
products and chemicals used by Cavalier's grounds maintenance equipment are no different from the
petroleum and chemical products found in and around most of the single family homes in Birdneck
Point, except in quantity. Moreover, there are few if any homeowners in the area who are more careful
or conscientious in storing and handling such products than the management and employees of the
Cavalier Golf & Yacht Club.
The Club, which has been a part of the neighborhood for more than seventy years, makes an
5/8/2007
_ _~ _.____ _ ~__ __ .... __........" ___...~"-' _'-'.I,....~.I......I.'-'.I,.L""'.I,. ""'~"" p'-'J.J.1..1..J.L
rage L. 01 .)
extraordinary effort to be a good neighbor and has received awards for its environmental stewardship.
There is evidence throughout the course and neighborhood of the stewarding efforts of its employees as
they hold the distinction of "Certified Audubon Sanctuary" and "Certified Clean Marina". The Club
values its relationship with its neighbors and can be depended upon to operate the proposed facility, if it
is approved, with extraordinary care. The very presence of the Club's golf course maintenance staff
throughout the neighborhood on a daily basis adds to the security of the neighborhood.
The Cavalier has gone to great lengths to design an attractive and compatible facility, on its own
land, which will intrude only minimally on the surrounding neighborhood. The facility will create no
drainage or environmental problems. There will be no perceptible increase in traffic or noise, and the
Club has agreed to work with the surrounding neighbors to design a lighting plan that avoids any
adverse impact on them. The approval of this request will enable Cavalier Golf & Yacht Club to
improve both the appearance and the utility of its maintenance facility and to make the most efficient
use of its own property without adverse effect on the neighborhood.
The Cavalier Golf & Yacht Club has for many decades enjoyed a strong and positive relationship
with the Birdneck Point Community, of which it and its members are very much a part. The Club has
regularly donated its facilities, its staff, and even its financial resources to assist in making Birdneck
Point a better place to live.
The Management of the Club has a long established record of working with the community and of
paying particular attention to its interests and concerns. To that end, the Management and the Board of
the Club have attempted at every stage of the development of this project to involve the neighbors and to
listen to their views. An effort was made to identify an alternative site and, when that effort proved
futile, the proposed facility was almost totally redesigned with the objective of addressing the concerns
of the neighbors. The proposal before you is the result of those efforts.
The Cavalier Golf & Yacht Club proposal deserves your support. I urge you to approve it.
Sincerely,
Evan M. Kalfus
1021 Bobolink Drive
Evan M, Kalfus
Tax Managing Director
Office: 757-616-7195
Cell: 757-572-3961
Fax: 757-282-5754
ernail: ekalfus@kpmg.com
5/8/2007
--. ---..... - ................ - ... --.......'" _....~...... -VA.I.""..lLAV.L.l.U..& u..,,,,,,,, !-''''''''...............\..
rdbC J Ul J
*** ANY TAX ADVICE IN THIS COMMUNICATION IS NOT INTENDED OR WRITTEN BY
KPMG TO BE USED, AND CANNOT BE USED, BY A CLIENT OR ANY OTHER PERSON
OR ENTITY FOR THE PURPOSE OF (i) A VOIDING PENALTIES THAT MAYBE IMPOSED
ON ANY TAXPAYER OR (ii) PROMOTING, MARKETING OR RECOMMENDING TO
ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN. ***
Any advice in this communication is limited to the conclusions specifically set forth herein and is
based on the completeness and accuracy of the stated facts, assumptions and/or representations
included. In rendering our advice, we may consider tax authorities that are subject to change,
retroactively and/or prospectively, and any such changes could affect the validity of our advice.
We will not update our advice for subsequent changes or modifications to the law and regulations,
or to the judicial and administrative interpretations thereof.
The advice or other information in this document was prepared for the sole benefit of KPMG's
client and may not be relied upon by any other person or organization. KPMG accepts no
responsibility or liability in respect of this document to any person or organization other than
KPMG's client.
***********************************************************************
The information in this email is confidential and may be legally privileged.
It is intended solely for the addressee. Access to this email by anyone else is
unauthorized. If you are not the intended recipient, any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on it, is
prohibited and may be unlawful. When addressed to our clients any opinions or
advice contained in this email are subject to the terms and conditions
expressed in the governing KPMG client engagement letter,
*~*********************************************************************
5/8/2007
Evan M. Kalfus
1021 Bobolink Drive
Virginia Beach, VA 23451
May 8, 2007
Virginia Beach Planning Commission
2405 Courthouse Dr.
Municipal Bldg #2, Rm. 115
Virginia Beach, VA 23456
Subject:
Cavalier Golf & Yacht Club conditional use permit for
construction of a new Agronomy Center
Dear Virginia Beach Planning Commission:
As a resident ofBirdneck Point, I strongly support the request of the Cavalier
Golf & Yacht Club to construct an agronomy center on its property near the intersection
of Kamichi Court and Oriole Drive.
The Club, of which I am a member, desires to relocate and reconstruct a facility to
house the equipment and supplies that are essential to the maintenance of its golf course
and grounds. It has designed a building which is attractive, unobtrusive, and compatible
with the neighborhood. As you maybe aware, the site is a secluded, wooded area which
for several years has been used for open storage of mulch, soil, and other materials used
in the maintenance of the course and surrounding areas. Traffic to and from the area will
be minimal, and for the most part will not involve the use of public roads.
The site of the proposed facility is more than 100 yards from the points on K.amichi
Court on which water sometimes pools during times of heavy rainfall, and although the
drainage problem which causes the pooling clearly needs to be addressed, it is my
understanding that there is no evidence that surface water from the site on which Cavalier
wishes to build is now contributing or will in the future contribute to the Kamichi Court
drainage problem,
I understand the Commission has received expressions of concern from some
neighbors who live near the proposed facility, that chemicals and petroleum products will
be stored on the site. Petroleum products and chemicals used by Cavalier's grounds
maintenance equipment are no different from the petroleum and chemical products found
in and around most of the single family homes in Birdneck Point, except in quantity.
Moreover, there are few if any homeowners in the area who are more careful or
conscientious in storing and handling such products than the management and employees
of the Cavalier Golf & Yacht Club.
The Club, which has been a part of the neighborhood for more than seventy years,
makes an extraordinary effort to be a good neighbor and has received awards for its
environmental stewardship. There is evidence throughout the course and neighborhood of
the stewarding efforts of its employees as they hold the distinction of "Certified Audubon
Sanctuary" and "Certified Clean Marina", The Club values its relationship with its
neighbors and can be depended upon to operate the proposed facility, if it is approved,
with extraordinary care. The very presence of the Club's golf course maintenance staff
throughout the neighborhood on a daily basis adds to the security of the neighborhood.
The Cavalier has gone to great lengths to design an attractive and compatible facility,
on its own land, which will intrude only minimally on the surrounding neighborhood.
The facility will create no drainage or environmental problems. There will be no
perceptible increase in traffic or noise, and the Club has agreed to work with the
surrounding neighbors to design a lighting plan that avoids any adverse impact on them.
The approval of this request will enable Cavalier Golf & Yacht Club to improve both the
appearance and the utility of its maintenance facility and to make the most efficient use
of its own property without adverse effect on the neighborhood.
The Cavalier Golf & Yacht Club has for many decades enjoyed a strong and positive
relationship with the Birdneck Point Community, of which it and its members are very
much a part, The Club has regularly donated its facilities, iis staff, and even its financial
resources to assist in making Birdneck Point a better place to live.
The Management of the Club has a long established record of working with the
community and of paying particular attention to its interests and concerns. To that end,
the Management and the Board of the Club have attempted at every stage of the
development of this project to involve the neighbors and to listen to their views. An
effort was made to identify an alternative site and, when that effort proved futile, the
proposed facility was almost totally redesigned with the objective of addressing the
concerns of the neighbors. The proposal before you is the result of those efforts.o
The Cavalier Golf & Yacht Club proposal deserves your support. I urge you to
approve it.
Sincerely,
Evan M, Kalfus
1021 Bobolink Drive
~ abc; ~ V~ 1
Faith Christie
From: Planning Administration
Sent: Tuesday, May 08, 2007 1 :25 PM
To: Faith Christie
Subject: FW: Cavalier Golf and Yacht Club Use Permit for Maintenance Building
From: Janet,Ogren@sanofi-aventis.com [mailto:Janet.Ogren@sanofi-aventis.com]
Sent: Tuesday, May 08, 200710:34 AM
To: Planning Administration
Subject: Cavalier Golf and Yacht Club Use Permit for Maintenance Building
Dear Planning Commission,
I am a resident of Birdneck Point and a member of the CGYClub, I also currently live 100 yards directly behind the
present Maintenance facility for the Club, We have lived here 4 years and have NEVER had any issue
whatsoever with the noise coming from the facility. When we first moved here ALL storage for the golf course as
well as the equipment was housed in the current facility and we have had no noise, safety, environmental or other
concerns stemming from the facility, The men that work there are quiet, considerate and courteous. They keep
the golf course and other public areas looking beautiful. They also maintain the front entrance to our
neighborhood and have helped our garden club with support and meeting facilities on numerous occasions, Even
the few folks that object to this move know that the beauty of the golf course is the major reason they moved here
in the first place and continues to contribute to the increasing value of their home.
I prefer to keep the facility where it is but as a club member, I know that to remain competitive in today's country
cl ub market the CGYClub must expand to include an updated fitness center and more modern pool to attract
younger families. This expansion needs to use the land currently occupied by the maintenance facility because it
happens to be right next to the current pool area that needs to be enlarged, The club has tried for years to
develop other options for a location but was not successful. The proposed tract of land, even though it has been
owned by the club since 1928 was in the past used as dumping ground for yawn refuse by the nearby neighbors,
so a well designed and beautifully landscaped facility would be a welcome addition, not an detriment to the
neighborhood. Please do oot let the unfounded fears of a few folks stop the club from growing as any successful
business must do in order to remain financially healthy, I would love for our swim team to be able to practice in an
updated pool before my 9th grade daughter graduates from high schoo!!!!
3-a.n.et 6a:'ten
1008 JJoholinl< JJ'Clve
5!8/2007
To: The Virginia Beach Planning Commission
From: Lance Davlin
Date: 5-4-07
Subject: Cavalier Golf & Yacht Club conditional use permit for
construction of a new Agronomy Center
I__~-
.~....~. .............<(...~ "...:......',-;:0-.. __\4A;.:":'.
As a Member of Cavalier Golf and Yacht Club and resident of
Virginia Beach, I strongly support the request of the Cavalier Golf &
Yacht Club to construct an agronomy center on its property near the
intersection of Kamichi Court and Oriole Drive.
The Club needs to relocate and reconstruct a facility to house
the equipment and supplies that are essential to the maintenance of its
golf course and grounds. It has designed a building which is
attractive, unobtrusive, and compatible with the neighborhood. The
site is a secluded, wooded area which for several years has been used
for open storage of mulch, soil, and other materials used in the
maintenance of the course and surrounding areas. Traffic to and from
the area will be minimal, and for the most part will not involve the
use of public roads.
The site of the proposed facility is more than 100 yards from the
points on Kamichi Court on which water sometimes pools during times of
heavy rainfall, and although the drainage problem which causes the
pooling clearly needs to be addressed, there is no evidence that
surface water from the site on which Cavalier wishes to build is now
contributing or will in the future contribute to the Kamichi Court
drainage problem.
I understand the Commission has received expressions of concern
from some neighbors who live near the proposed facility, that chemicals
and petroleum products will be stored on the site. Petroleum products
and chemicals used by Cavalier's grounds maintenance equipment are no
different from the petroleum and chemical products found in and around
most of the single family homes in Birdneck Point, except in quantity.
Moreover, there are few if any homeowners in the area who are more
careful or conscientious in storing and handling such products than the
management and employees of the Cavalier Golf & Yacht Club.
The Club, which has been a part of the neighborhood for more than
seventy yea~s, makes an extraordinary effort to be a good neighbor and
has received awards for its environmental stewardship. There is
evidence throughout the course and neighborhood of the stewarding
efforts of its employees as they hold the distinction of "Certified
Audubon Sanctuary" and "Certified Clean Marina". The Club values its
relationship with its neighbors and can be depended upon to operate the
proposed facility, if it is approved, with extraordinary care. The very
presence of the Club's golf course maintenance staff throughout the
neighborhood on a daily basis adds to the security of the neighborhood.
The Cavalier has gone to great lengths to design an attractive and
compatible facility, on its own land, which will intrude only minimally
on the surrounding neighborhood. The facility will create no drainage
May 2, 2007
Department of Planning and Community Development
2405 Courthouse Drive
Building 2. Room 115
Virginia Beach, VA 23456-9013
Attention: Ms. Faith Christie
Dear Ms. Christie,
This letter is about the Cavalier G&YC conditional use permit for
construction of a new Agronomy Center. As a Member of the Cavalier Golf
& Yacht Club, I strongly support the request of the Cavalier to
construct an agronomy center on its own property near the intersection
of Kamichi Court and Oriole Drive.
The Club needs to construct a new grounds maintenance facility to
house the equipment and supplies that are essential to the maintenance
of its golf course and grounds. It has designed a building which is
attractive, unobtrusive, and compatible with the neighborhood. The
site is a secluded, wooded area which for several years has been used
for open storage of mulch, soil, and other materials used in the
maintenance of the course and surrounding areas.
I understand the Commission has received expressions of concern
from some neighbors who live near the proposed facility, that chemicals
and petroleum products will be stored on the site. Petroleum products
and chemicals used by Cavalier's grounds maintenance equipment are no
different from the petroleum and chemical products found in and around
most of the single family homes in Birdneck Point, except in quantity.
Moreover, there are few if any homeowners in the area who are more
careful or conscientious in storing and handling such products than the
management and employees of the Cavalier Golf & Yacht Club.
The Club, which has been a part of the neighborhood for more than
seventy years, makes an extraordinary effort to be a good neighbor and
has received awards for its environmental stewardship. There is
evidence throughout the course and neighborhood of the stewarding
efforts of its employees as they hold the distinction of "Certified
Audubon Sanctuary" and "Certified Clean Marina". The Club values its
relationship with its neighbors and can be depended upon to operate the
proposed facility, if it is approved, with extraordinary care. The very
presence of the Club's golf course maintenance staff throughout the
neighborhood on a daily basis adds to the security of the neighborhood.
The Cavalier has gone to great lengths to design an attractive and
compatible facility, on its own land, which will intrude only minimally
on the surrounding neighborhood. The facility will create no drainage
or environmental problems. There will be no perceptible increase in
traffic or noise, and the Club has agreed to work with the surrounding
neighbors to design a lighting plan that avoids any adverse impact on
them. The approval of this request will enable Cavalier to improve both
the appearance and the utility of its maintenance facility and to make
the most efficient use of its own property without adverse effect on
the neighborhood.
The Cavalier has for many decades enj oyed a strong and posi ti ve
relationship with the Birdneck Point Community, of which it and its
members are very much a part. The Club has regularly donated its
facilities, its staff, and even its financial resources to assist in
making Birdneck Point a better place to live.
The Management of the Club has a long established record of
working with the community and of paying particular attention to its
interests and concerns. To that end, the Management and the Board of
the Club have attempted at every stage of the development of this
proj ect to involve the neighbors and to listen to their views. An
effort was made to identify an alternative site and, when that effort
proved futile, the proposed facility was almost totally redesigned with
the objective of addressing the concerns of the neighbors. The proposal
before you is the result of those efforts.
The Cavalier proposal deserves your support. I urge you to approve it.
Sincerely,
All
740 Virginia Dare Dr.
Virginia Beach, VA 23451
422-5187
rage lOlL.
Faith Christie
From: Jack Mellon [jmellon@theprovidencegrp.com]
Sent: Monday, May 07, 20071:18 PM
To: Faith Christie
Subject: Cavalier Agronomy Center in Birdneck Point
Dear Ms. Christy,
I am a home owner in Birdneck Point and a member of the Cavalier Golf and Country Club. I am writing to you in
advance of the meeting Wednesday to discuss the proposed Agronomy Center on the fifth and sixth holes, I
believe that our neighborhood as whole will greatly benefit by this improvement and the project can be completed
seamlessly without changing the aesthetics of our community,
Our golf course was originally developed in 1928 as part of the Cavalier Hotel. In 2002 the club, now a non-profit
social club owned by the members, spent three million dollars to enhance the course itself. Around this same time
I was in the market for a home closer to the water. Birdneck Point was high on my list of perspective
neighborhoods, In the spring it reminds me of Augusta with all the azaleas in bloom.
One of the greatest assets of the Birdneck neighborhood is the golf course. No one can argue that the serene
beauty of the course adds an amazing ambience to the neighborhood. The upkeep on the course is impeccable. I
find myself waiting for spring, looking forward to the course turning its lush green color for the next nine months
again. I was fortunate to find a house in the middle of the thirteenth hole looking across the fairway to the twelfth
tee. Other then the water, the course gives the neighborhood its character.
I know that only about half of the Birdneck Point residents belong to the golf club. That is reasonably
understandable based on the fact that only about ten percent of Americans play the game. But no one in Birdneck
Point can argue that the golf course itself isn't the center point of the community, The golf course brings
tremendous value to the community in addition to its beauty.
The Club has two major issues. Both of these will determine the future of our wonderful course and the impact on
the neighborhood.. The first is that the agronomy center is way outdated considering this is now 2007, The
second is that there is not enough room to rebuild the proper facility in the existing location. It is impossible to
purchase additional space considering the rising land values in Virginia Beach and particularly in Birdneck Point.
The City just paid fourteen million for the land adjacent to the tenth hole on Laskin road. The property owned by
the Club in question is the only reasonable solution.
Surely all Birdneck Point residents want the golf course to be maintained in its current condition. The agronomy
center is designed to blend into the surroundings, meets all the codes and specs, and is attached directly to the
course. It just makes sense to have it there on the course, We can't have the course without the agronomy center.
As a Birdneck Point resident and a Club member I believe both benefit each other. We have a wonderful and
appealing neighborhood because threaded through it is a beautiful golf course anchored by a great club. We have
one of the best clubs in Virginia surrounded by an outstanding neighborhood of caring residents. The future of the
Club is inherent to the future of Birdneck Point. The Club has intentions to improve all of its standing facilities and
make best use of its property. The Club has to stay competitive and up to date or it will diminish. I believe if the
Club diminishes the neighborhood will too in direct proportion. Or the reverse can be accomplished.
I believe the vast majority of Birdneck Point residents agree that, whether Club members or not, it is important to
see the Club maintain and improve its status in order to keep Birdneck Point as a premier neighborhood. The
agronomy center is the first step to improvements for the Club. It can only be good for Birdneck Point in the long
ru n.
~ Jack R Mellon
President/CEO
51712007
rage L or L
The Providence Group
800477 8408
5f7 /2007
rage 1 or L
Faith Christie
From: Planning Administration
Sent: Monday, May 07, 2007 2:07 PM
To: Faith Christie
Subject: FW: Please distribute to all Planning Commission Members
From: T L Griggs [mailto:tlgriggs@cox,net]
Sent: Monday, May 07, 200711:18 AM
To: Planning Administration
Subject: Please distribute to all Planning Commission Members
Dear Commission Member,
As a Member of Cavalier Golf and Yacht Club and resident of Virginia Beach, I
8~rongly support the request of the Cavalier Golf & Yacht Club to construct an
agronomy center on its property between Cardinal Road and Oriole ,Drive.
The Club needs to relocate and reconstruct a facility to house the equipment
and supplies that are essential to the maintenance of its golf course and grounds.
It has designed a building that is attractive, unobtrusive, and compatible with the
neighborhood, The site is a secluded, wooded area that for several years has been
used for open storage of mulch, soil, and other materials used in the maintenance
of the course and surrounding areas. Traffic to and from the area will be minimal,
and for the most part will not involve the use of public roads.
I understand the Commission has received expressions of concern from some
neighbors who live near the proposed facility, that chemicals and petroleum
products will be stored on the site. Petroleum products and chemicals used by
Cavalier's grounds maintenance equipment are no different from the products found
in and around most of the single family homes in Birdneck Point. Moreover, there
are few if any homeowners in the area who are more careful or conscientious in
storing and handling such products than the management and employees of the
Cavalier Golf & Yacht Club.
The Cavalier has gone to great lengths to design an attractive and
compatible facility, on its own land, which will create no drainage or
environmental problems. There will be no perceptible increase in traffic or noise,
and the Club h~s agreed to work with the surrounding neighbors to design a lighting
plan that avoids any adverse impact on them. The approval of this request will
enable Cavalier Golf & Yacht Club to improve both the appearance and the utility of
its maintenance facility and to make the most efficient use of its own property
without adverse effect on the neighborhood.
The Management of the Club has a long established record of working with the
community and of paying particular attention to its interests and concerns. To
that end, the Management and the Board of the Club have attempted at every stage of
the development of this project to involve the neighbors and to listen to their
vLews, An effort was made to identify an alternative site and, when that effort
proved futile, the proposed facility was almost totally redesigned, at significant
-=-cost to the club, with the objective of addressing the concerns of the neighbors.
The proposal before you is the result of those efforts.
5(7/2007
rage L. U1 L
The Cavalier Golf & Yacht Club proposal deserves your support. I urge you to
approve it.
Sincerely,
Tommy L, Griggs
2301 Mariner's Mark Way
517/2007
Faith Christi
City otVirginia Beach Planning Department
Operation Building 2; 115
2405 Courthouse Drive
Virginia Beach, VA 23456
Ms. Christi:
I am writing to you in regards to the new maintenance facility that the Cavalier Golf & Country Club Is
proposing to build In Blrdneck Point. I would like to let you know that I am opposed to the site that has
been chosen for this structure. It is directly behind some of my neighbors' homes, and I feel this will
have great negative Impact on them in the following ways:
1.) The maintenance crew begins work very early in the morning, The equipment they use is
loud (my husband can attest to this because he lived near the current maintenance facility),
and I believe this will be a disturbance to their peace.
2.) Some of my neighbors have small children and pets. I feel that having this equipment
nearby could be a potential hazard to them_
3,) Building a maintenance shed directly behind their homes will devalue their property.
Please bring this to the attention of the members of the planning commission, I am asking them to
consIder my objections stated above when making their decision on whether to proceed In allowing this
structure to be built on the proposed site_
Sincerely,
'-~;' Iv,
'--'
Sara W. Gerloff
~"""'."
"r.1~;~ltA?h,
\t!~~)W
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of B'Nai Israel for a Conditional Use Permit for a commercial
recreation facility (bingo hall) on property located at 620 Baker Road (GPIN
1468218226). DISTRICT 2 - KEMPSVILLE
MEETING DATE: July 10, 2007
. Background:
The applicant requests a Conditional Use Permit to allow a bingo hall on this site.
On May 29, 1990, City Council granted a Conditional Use Permit for an indoor
commercial recreational facility to be built on this property. The 10,000 square
foot facility was built specifically to house receptions, meetings, banquets and
bingo games. The facility has the capacity to seat 500 people. The original
Conditional Use Permit was superseded by a Conditional Use Permit for a
church approved by City Council on March 2,2005.
. Considerations:
The existing split-face block building is accented by two smooth-face block
stripes which encircle the building perimeter for detail. The building also adds
color with a blue standing seam metal roof that caps the main entrance and the
front parapet wall.
The Comprehensive Plan identifies this site as part of the Primary Residential
Area. The policies for this area recognize the need to preserve, protect and
enhance the overall character, economic value and aesthetic quality of the
surrounding neighborhoods.
The current request for a bingo hall is acceptable and consistent with its previous
use for the same purpose. The proposal is in conformance with the
Comprehensive Plan's recommendations for this area. The intended use is
compatible with the neighboring land uses.
There was opposition to the request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 6-4 to approve
this request with the following conditions:
1. Bingo Games shall be limited to two sessions per day. The "Daytime Session
"shall be during the hours of 11 :00 AM until 4:00 PM. The "Evening Session"
shall be during the hours of 6:00 PM until 11 :00 PM.
S'Nai Israel
Page 2 of2
2. Foundation landscaping shall be enhanced in front of the proposed bingo hall.
. 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: ~( ~. O(j {J01,
REQUEST:
Conditional Use Permit for Indoor Commercial
Recreation Facility (Bingo Hall)
B'NAIISRAEL
Agenda Item 14
June 13, 2007 Public Hearing
Staff Planner: Karen Prochilo
ADDRESS I DESCRIPTION: Property located at 620 Baker Road.
GPIN:
14682182260000
COUNCIL ELECTION DISTRICT:
2 - KEMPSVILLE
SITE SIZE:
32,900 square feet
APPLICATION HISTORY: Planning Commission heard this application on April 11 , 2007, and deferred the
request for sixty (60) days. The sixty day deferral was to allow the existing tenant to exercise his option to
purchase the building. It is Staffs understanding that the existing tenant has not exercised the option to
purchase. '
The applicant requests a Conditional Use Permit to allow a
bingo hall on this site.
SUMMARY OF REQUEST
On May 29, 1990, City Council granted a Conditional Use Permit for an indoor commercial recreational
facility to be built on this property. The 10,000 square foot facility was built specifically to house
receptions, meetings, banquets and bingo games. The facility has the capacity to seat 500 people.
The existing split-face block building is accented by two smooth-face block stripes which encircle the
building perimeter for detail. The building also adds color with a blue standing seam metal roof that caps
the main entrance and the front parapet wall.
This site has a cross-access easement to the adjacent shopping center, allowing vehicles to move
between sites.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Currently a vacant builidng occupies the site. The building has been recently used as
a church.
SURROUNDING LAND
North:
. Auto repair, daycare facility I B-2 Community Business District
B'NAI ISRAEL
Agenda Item 14
Page 1
USE AND ZONING:
South:
East:
West:
· Auto service station I B-2 Community Business District
· Shopping center / B-2 Community Business District
· Mini-storage facility & multi-family / B-2 Community Business
District & A-12 Apartment District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The existing building and parking lot cover a majority of the site. There is
very little landscaping on the site, No historic or cultural features are
associated with this site,
AICUZ:
The AICUZ zones surrounding NAS Oceana do not impact this site.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Baker
Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial facility.
The Master Transportation Plan proposes an undivided facility on Baker Road with an ultimate right-of-
way width of 97 feet. The Master Transportation Plan proposes a divided facility on Newtown Road with
an ultimate right-of-way width of 170 feet. There are no Capital Improvement Program projects
scheduled in the vicinity of this area.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Baker Road 13,992 ADT 13,600 ADT (Level of Existing Land Use'7-
Service "CO) 91 ADT weekday
15,000 ADT 1 (Level of 366 ADT Sunday
Service "D") / Capacity Proposed Land Use 3 -
229 ADT weekday
136 ADT Sundav
,
Average Dally Trips
2 as defined by church
3 as defined by recreation center
WATER: This site connects to City water. The existing 1.5-inch meter (City ID# 95012125) can be used or
upgraded to accommodate the proposed development. There is a 12-inch City water main along Baker Road.
There is a 30 inch raw water line along Baker Road, There is a 10-inch City force main along Baker Road.
SEWER: This site connects to City sanitary sewer. Analysis of Pump Station #340 and the sanitary sewer
collection system is required to ensure future flows can be accommodated. There is an 8-inch sanitary sewer
gravity main crossing through the northeast property (GPIN 1468-31-3784) within a 20-foot wide public utility
easement.
FIRE DEPARTMENT: No comments at this time. A full review will be conducted during the Development
Services Center process.
POLICE DEPARTMENT: As a matter of public safety, the applicant would be prudent in providing adequate
lighting in the parking lot. Full cut-off fixtures are recommended, All lighting on the site should be consistent
with those standards recommended by the Illuminating Engineering Society of North America.
B'NAI ISRAEL
Agenda Item 14
Page 2
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan identifies this site as part of the Primary Residential Area. The policies for this
area recognize the need to preserve, protect and enhance the overall character, economic value and
aesthetic quality of the surrounding neighborhoods.
Evaluation:
This site had a Conditional Use Permit for an indoor commercial recreation facility (bingo hall) approved
by City Council on May 29, 1990. The original Conditional Use Permit was superseded by a Conditional
Use Permit for a church approved by City Council on March 2, 2005. The current request for a bingo hall
is acceptable and consistent with its previous use for the same purpose. The proposal is in conformance
with the Comprehensive Plan's recommendations for this area. The intended use is compatible with the
neighboring land uses.
CONDITIONS
1. Bingo Games shall be limited to two sessions per day. The "Daytime Session "shall be during the
hours of 11 :00 AM until 4:00 PM. The "Evening Session" shall be during the hours of 6:00 PM until
11:00 PM.
2. Foundation landscaping shall be enhanced in front of the proposed bingo hall,
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.
B'NAIISRAEL
Agenda Item 14
Page 3
AERIAL- OF SITE LOGATION
B'NAIISRAEL
Agenda Item 14
Page 4
I
l
i
j
!
I
i
/
/
i
I
~
. ~ '... '. '. ,;' .~..,
~.,;'" ,
"'"..1:
,
//
;,/
"
,,'
~
7
J
---.-
/=t=
,f _l.--
--,-~
-,t-..-
I
_ M-,_ ,'__
_-1-_
-+-
---r-
-r-
-r-
-r ~
=--c= ill
---L.- / .
-+- /1/
---.-- I I
--L-/ 1,
/
-'-r'-
-~
--!....-
j
I
I
J
----L-
!
--,....--
-L
/
/
;
/
i
I
, i
.I
!
/
/
'\'1a.
, ~>
\ ..
/\~
~ -.~~"~, l
,.
3 .
~ .
l-w.~u'l
-1-
i'O , '"
i :::t:: g ~
~ i $;- ~
N_:'\(c"
- -1-- ~
-.:..i.- ~
lni
/
~
_....1-
, !
-t/
.1
f (; .J"' I
!! Ii' /
s
PARCEL C
--A'. ~b>oj .. i
W=E
r=:
L-
~
, 1 :-i.
" ::J
I
I /
:=1/
_'''l~)'!o'':. ,- /'
==- ~-1ItC.aa' A.'~,36'
~ ),
~
"'lCWTOW>Ol 'QAt)
~
"'
. I
I
,r
I
PROPOSED SITE PLAN
B'NAIISRAEL
Agenda Item 14
Page 5
PHOTOGRAPH OF EXISTING BUILDING
B'NAIISRAEL
Agenda Itern 14
Rage 6
tAKE
I
CUP-for !ndoor Commercial Recreational Facility - Bingo Hall
1 03/02/05 Conditional Use Permit (Church) Granted
OS/29/90 Conditional Use Permit (Indoor Recreation Granted
Facilitv - Bingo)
2 02/27/01 Conditional Use Permit (Self-storage) Granted
12/12/86 Conditional Rezoning R-5 Residential to B-2 Granted
Business
3 11/20/89 Conditional Use Permit (Auto Repair) Denied
4 07/13/87 Conditional Use Permit (Auto Repair) Granted
5 02/23/86 Conditional Use Permit (Auto service Granted
establishment)
ZONING HISTORY
B'NAI ISRAEL
Agenda Item 14
Page 7
f~l
l ~ I
'Ul
il-
1<(,
I:,
rt:{
, si
..J
o
II)
o
,
U
:;i ::
!.::
~ ,,;;;
~~
~ E
Y:l" -ll
~ ~ S
-;I!; ;,..~
.. ~ 1:
:2 ~ III
en ~5 ,~
~i.G'~
::3~};;8
~:;.~~
...J. :::'l>:- '"
~J!E*
o';ij.,,~
a;;-6Jj
%
o
;:
5 t-
.~, ~ ~:..:
~;~ ~
..~ t ~.?i
~ ~;~
.:= ~ "'0'" ~
S o:.~~
~~~i5
~~ g,~
,,~~~-
~~O
"; F ,)i 'j
.....,;. ~c
~2:Z ;t
"
!'to.'''..
~:;-~
:; .(
;,
~
~
NOI1VJnddV lImI3d lSI11VNOI1I<INOJ
'::.:' ~
.'!. .,
g ~ ~
G ~
~ ~~,
~"!
- -
'" x
~ c .;.
'" {
~ ~,;
w ~ ~. ,.
::: '';,:
" ~
::> ,-,~ .'
'"
0 .d .::; '.~
..J 'r.
,u ~ t
'" co 'io":
l- e 0.
'" w'"
Z Z ~ :::: -':
W .ct ,. ."Co ;:;
:E u e ~ ~
~ s' ~;t "'~
W '" ,~ ..,:
Q :.: :5 ,-
I- ;;( t ~== I - ~
,.
< 0 :2 ..s: .--.
.- , ~,~
I- ,~ Il, "
Q " i
en E F
0 2 7.
LU :s ~ -
,,' r.:: ~ :;,
a:: '" :;:. ~ .c; ~
::J '.. " -~'"'
en ~; ~ ;;: ..~
0 '" ," , ,,,"-
.~ '"
.J ;,.-.:. '" f-; j
U u
~ ::; ~,
en f ~ .' u.
0 '" ::;:. - ,-
... ~,.
00
<:;;
~.~, ::"'~
:: ~
:-:: ~,
-i ;~
;;:-tI
~;~
~~
I~E
-,
'0
:~
1~
~,
'.
,.
'r,'
'c
c
':!:
x;:
'"
'"
tf
,5 :~
~..~
--J. ,"
~~
c,~
~ ;~
0..--.....
i~,
-c- ~j,.,
_ U
l'!: ~
f; r1l
'I'" :':.;
".) ;-
~'.~
':,1 'S
~ .t;..
? ~.
.u ,
=.: (~
~: '2
.~
~~
OF.
<:?
~~
~ ~
~ ...,
::""J ;.;..
k~
I 2 ~
-..' <,~
- '.;
! E':';
2 ~
t ~
:E
-
"
~
~
"
E
~
, :;,
1c~"5
~ J1~ 2
G '"" :""
2 :~ ;:'~
~~#
t;
".
"
~
:;.
:>
~~
~
t
'"
E
:;!
;.:
1;
::>
~
?
~
ct,
'='
t:
.,
'-'
'-'
D
c.
~
~
:;
',,",
~
;;
g
:J
~ .:.."t ~,
... 2 -:S
~
~
~!
~,
- "'~ ...
;.;' (~
;,... _.
'....';;
~ ,-
2:
,. I.J
r"
5.
'0
- "
~;
.~'
wi;
0::::::: '5
::J ,~ (I ;...
~..:: . ~...;:
-' ~ ~~
~ ~.~2~:
J tfr~
2 ~ :',~
~': C ~ -."
."
DISCLOSURE STATEMENT
-;:.
~ '0
s.....
B'NAIISRAEL
Agenda Item 14
Page 8
Item #14
B 'N ai Israel
Conditional Use Permit
620 Baker Road
District 2
Kempsville
June 13, 2007
REGULAR
Barry Knight: Ms. Secretary.
Dorothy Wood: Item 14, which is D'Nai Israel. The first speaker is Mr. Itzak.
Shmuel Itzak: Mr. Low is speaking first.
Dorothy Wood: Then the next speaker is Mr. Robert Low.
Barry Knight: Welcome sir.
Robert Low: Thank you. Mr. Chairman and members of the Commission, I'm Robert
Low, 2016 Charlemagne Drive, Virginia Beach. I've been involved with Virginia Beach
civic activities for a lot of years including past chairman of the Virginia Beach Economic
Development Authority, I'm a member ofB'Nai Israel. We are negotiating with the
landlord of the property you have here to purchase the property and make it back to a
bingo facility, which it was up to about five years ago, It was deferred two months ago
because May 31, 2007 was the final for going ahead and having a purchase option by the
church that is operating it. We are not in any opposition at all to the church. If the
church is there and operates it, fine and that is great with us. However, we are under the
understanding they are not up to date, They have not exercised a purchase option. We
will be purchasing the property based on the fact of being able to get a permit to operate
it as a bingo operation. I've also done a little bit of checking with past people, and I
understand that when it was operating that there were no problems with the
neighborhood. It was run very well. We will make sure it is run just as well in the future,
Barry Knight: Thank you. Are there any questions? Thank you sir.
Dorothy Wood: Our second speaker is Mrs. Low. Honey Low?
Robert Low: She left.
Dorothy Wood: Okay. Thank you Mr. Low. Speaking in opposition is Pastor Joe
Flores,
Barry Knight: Welcome back sir.
Item #14
B 'N ai Israel
Page 2
Pastor Joe Flores: Thank you very much,
Barry Knight: Please identify yourself for the record please.
Pastor Joe Flores: My name is Pastor Joe Flores. I'm the Pastor of the Perfected Saints
Worship Center and President of the Newtown Cultural Life Center. I don't know ifit
has been in the experience of this board, if you ever have been giving more conflicting
information then you're about to hear. First, before I get to that conflicting information,
there are three statements in this report that are just factually wrong. It might have been a
good idea if the Planning staff to call me to find out what the status was, The first piece
of information that is wrong is that it is the staffs understanding that the existing tenant
has not exercised the option to purchase. This is totally false. I was just in a meeting
with the owner, which was Friday or Monday. My days are doing 20 hour days, where
we agreed on the purchase. We actually agreed on the purchase, This is a surprise to me.
I actually didn't plan to come here to speak any opposition because I was somewhat
under the impression that this issue might be just withdrawn because we have agreed on
that. This is blatantly untrue. The other thing is that in some point in here I read that it
says that the building is currently vacant. Where is that part at? Let me find that. It said
that the building was currently vacant. This is a vibrant building. My administrator just
left.
Ed Weeden: Pastor Flores, you have about 45 seconds left.
Pastor Joe Flores: Okay. I don't know what to say to you all because I am under the
impression as a result of a direct meeting that I had with the owner that we are moving
full fledge. I have a letter from the bank. What I was going to present to you today was
the letter that says your loan application looks wonderful. We need two pieces of
information from you. If those two pieces of information confirm what is in this
application, then we see no reason why we can't give you this loan, That is what the bank
has said to us. They gave us a letter that says we're pretty sure that we can give you a
definite answer by June 18, 2007. I have that letter. I brought my daughter with me so
my assistant took my daughter out but I can give that letter to you. I'm amazed because
I'm having meetings. When I got the call from the bank, I actually called the owner
myself, which I haven't done in a while because we've been allowing our finance people
and attorney and real estate people to handle that, and I said I just got news from the
bank, He said that is great. Let's move forward.
Barry Knight: Are there any questions of Mr. Flores? Ms. Wood?
Dorothy Wood: Pastor, I don't think anyone is trying to take your building if you're
buying it. I think Mr. Low said that we are not trying to do anything to the church, So, I
don't think we're not really talking about your legal problems with the building. We're
just talking about the use of the building, if you're not buying it. We're not trying to get
involved in your legal problems.
Item #14
B'N ai Israel
Page 3
Pastor Joe Flores: Here is the difficulty. And I said this to the owner. The difficulty is
that the perception in the community that this building was going to be turned back into a
bingo hall creates a huge morale and momentum problem for me in staying there and
doing this and raising money, a huge problem for me. And, I said this to me, I said
listen, let's assume. I didn't get the information from the bank until the next day. So at
that time, I didn't have any information from the bank. Let's just assume that everything
goes wrong with me. Let's assume everything goes wrong, The bank says no. The two
weeks that it will take you to get this approval is not going to hurt you any. You got a
ready buyer with a check in their hand. There are details that I can't divulge in this
conversation out of disrespect for Mr. Hecht.
Dorothy Wood: Okay. Thank you.
Pastor Joe Flores: But the two weeks that it will take to make this happen, if everything
went wrong. And this was before I got the positive information from the bank is not
going to damage him any, The two to three weeks of news of approval that this building
has been approved for a bingo hall damages me a great deal.
Dorothy Wood: Thank you sir.
Barry Knight: Mr. Macali, if! could? You heard what's transpired. If you would,
explain to us, our options? We know that are options are to defer, to go a head, to deny.
We also know that if we go ahead, we're still talking at least 30 days before it gets to
Council. They can defer it if they want too. Could you explain to us our options or
maybe a recommendation?
Bill Macali: Those are your options. I still really don't know whether or not there has
been a signed purchased contract. I think that would make a big difference in what the
Commission would fine appropriate. If there is a purchase contract then that tells me that
there is more to it than just talk between people. If there is no signed purchase contract
then that is another story. There is no such thing as a purchase of property in Virginia
that is not the subject of a written agreement. You just can't enforce an oral contract to
buy property. If we knew that, then I think probably I might be a little better position to
proceed. Assuming there is one, I would think it would be more appropriate to defer it.
Otherwise, the Commission probably could go ahead and do whatever if feels appropriate
given the fact that the City Council won't be hearing this for at least 30 days. If there are
more developments between now and then, then of course the Council will probably feel
like deferring it as well.
Barry Knight: Thank you Mr. Macali, Are there any other questions for Pastor Flores?
Ms. Katsias?
Kathy Katias: Didn't you have a purchase agreement?
Pastor Joe Flores: The purchase agreement is in our current agreement.
Item #14
B'N ai Israel
Page 4
Kathy Katsias: No. There was a drop dead date of April 30.
Pastor Joe Flores: There was a date written in the contract of May 31,2007, Let me just
take 60 seconds to explain this. There was a drop dead date of May 31,2007. The date of
May 31 st was suppose to be counted based upon our attorney's discussions with his real
estate person, was suppose to be counted from the date of occupancy. In other words, the
24 months counted from the date of occupancy to the date of the 24 months. They
counted that from November 2004, counting it out 24 months, and it came out to May
31 st. However, we did not take occupancy until January 2005. Now if you count from
January 2005, the date extends a little longer. So, the whole issue of a written contract
was based upon the approval of the bank loan. They are not going to write me a contract
and the bank hasn't said yes, we have the money. The whole issue of a written contract
was based on the bank loan. I am assuming that I am dealing in good faith when I'm
having conversations with anybody about this particular business. The reason that this
council deferred it last time was because the exact quote was "let's give Pastor Flores
every opportunity possible to get this building purchase." That was the fundamental
reason for the deferral, as I see it. There may be some larger issues relative to the whole
concept of a bingo hall being in here, which the City Council will have to deal with.
When the community has to do with whatever they have to do to prevent that should you
all pass this, Fundamentally, I got it from you all that it was about giving us the
opportunity. Here is the letter from the bank saying on June 18th, saying that we can get
an answer for you. Read this because this also includes a mention from the bank
president that we can proceed, by letter by City Manager Spore in support of our loan,
and support of the activities of the Newtown Cultural Life Center.
Dorothy Wood: Does it say that they're going to give you the money?
Pastor Joe Flores: No. Read it closely. They are not going to tell me they are going to
give me the money until they get the other two pieces of information they need from me.
Kathy Katsias: But you didn't answer the question. Do you have a contract or don't you?
Barry Knight: Pastor Flores, you will need to go back to the microphone please.
Pastor Joe Flores: Okay. There is not a written contract to purchase because that was
based upon the approval of the bank loan. Mr. Hecht is here. We just had a meeting. We
just had conversations. There was a process involved. Get the bank loan. Put your
lawyers to work on the contract and we move forward that way we know that you have
the money, Why would anybody create a contract for purchase if the money hasn't been
approved? So, the impression was that you all were giving me the opportunity to get it.
Now read that letter and tell me if at least this doesn't merit a deferral?
Barry Knight: Ms. Katsias? Did you have any other questions for him?
Kathy Katsias: No.
Item #14
B'N ai Israel
Page 5
Barry Knight: Ms. Wood?
Dorothy Wood: I guess Pastor that concerns me is that you did not, I guess apply for the
loan until June. This letter was written in June.
Pastor Joe Flores: I've been in a series of meeting with the City Manager about this.
When it came to how we were going to get this done, the City Manager, two months ago,
previous to April said let me introduce you to somebody who might be able to help you.
This is early April. Mr. Spore called a friend from the bank and they called me. They
said we would like to help you. We have this particular money that is available for your
kind of groups for exactly what you do. We began the process at that time, However,
there were things that had to be done. You have to get all your stuff. All the paperwork,
all the things they're asking for, We didn't apply for this in June.
Dorothy Wood: Okay. Thank you sir.
Barry Knight: Are there any other questions for Pastor Flores?
Pastor Joe Flores: By the way, let me invite you all to this event just so you know that
the building is not vacant as your report says. I would hope that the staff would consider
talking to all the parties involved in the future,
Barry Knight: We have other speakers,
Dorothy Wood: The next speaker is Carl Wright.
Pastor Joe Flores: Both sides have information on it. This tells you a little bit about it.
Be particularly interested in what's called the Community Forum. That will interest you.
Kathy Katsias: Can I just ask him?
Barry Knight: Yeah.
Kathy Katsias: Pastor Flores, it was brought to our attention this morning that you're
working with the adjacent shopping center to occupy a space in that center.
Pastor Joe Flores: Who told you that?
Barry Knight: It may have been misinformation sir,
Pastor Joe Flores: There is a tremendous amount of misinformation that this board is
getting regarding this issue for lots of reason that are now mysterious.
Barry Knight: Ms. Wood?
Item #14
B'Nai Israel
Page 6
Dorothy Wood: I called Mr. Wright.
Barry Knight: Okay, Mr. Wright. Thank you Pastor Flores.
Dorothy Wood: Carl Wright.
Barry Knight: Welcome sir. Please identify yourself for the record.
Carl Wright: Carl Wright. I'm with the NAACP, Virginia Beach Branch and Area Two
President. I want to say for the record is that first of all, I'm here on behalf of the
community. I think at the last meeting the community, the civic league, the adjacent
neighbor to the buildinf. all spoke clear that they were not interested in having a bingo
hall coming to that area. The contract agreements that is going on between the landlord
and the current tenant is among them. I'm here on behalf of the community. That is
where I work and that is where loyalties lie. The community has been overlooked and
underserved for so long. Right now, they just can't handle a bingo hall. We're
struggling to get a recreation center for the kids, I had a kid say to me the other day, he
said, "Mr, Wright", and this is actually what he said. "He said if I go up there, what do
you want me to say to them"? Would they rather have something that I can go there and
enjoy and take part it or would they rather have me out there taking the hubcaps and
sticking them up? I said that is the wrong approach to take. You never approach people
like that. What I'm here to say is that community has spoken, I think at the last meeting
the folks said we don't want a bingo hall there. The civic league lady came in and she
said that she made it clear. I think the adjacent neighbor in the next corridor said we're
not willing to share spaces with a bingo hall. So, I don't know what else you would say?
They just don't accept a bingo hall. Like I said the contract agreement is between the
landlord and the tenant. We have nothing to do with it. I have spoken with Pastor Flores.
We did meet with him before but I'm here strictly on behalf of the community. And that
is the position that we're in right now.
Barry Knight: Thank you Mr. Wright. Are there any questions for Mr. Wright? Thank
you sir. Are there any other speakers?
Dorothy Wood: No.
Barry Knight: Mr. Low? Welcome back sir. Please identify yourself for the record.
Robert Low: Again, Robert Low. Listening to both sides, like I said, we're not in any
opposition to what the church is doing. If they continue on that is fine. We would like to
move ahead if they don't exercise their option. The Council meeting is a month from
now and by that time it will be apparent whether it is a purchase or not. So, if you could
approve this and if it becomes a mute subject prior to Council meeting, we will walk
away. We're just there to purchase it if the church is no longer able too. The church is,
and I think Ms. Katsias asked this at the last meeting. On their lease arrangements, and it
is my understanding that they are months and months behind.
Item #14
B'N ai Israel
Page 7
Barry Knight: Are there any questions for Mr. Low? Mr. Bernas?
Jay Bernas: Ifwe did decide to exercise to right to defer this application, would that
cause you any damage? Are you in some sort of hurry to close on the property?
Robert Low: I couldn't say we would be damaged Mr. Bernas. We would like to move
ahead. There are other alternatives. Things are changing quite a bit. There are buildings
that are being used for bingo, I think the City of Virginia Beach is part of, my
understanding, Chesapeake and maybe Virginia Beach and Norfolk have purchased the
College Park Skating Rink, which was a location for several games, And those games
are no longer going to be in existence. And, they are supporting various charities in the
area. And, that is closing August 1, and I think it is becoming some sort of place for, and
I'm not sure whether it is indigents, for some folks who need some place there. We
would like to move ahead with it on that basis,
Barry Knight: Are there any other questions for Mr. Low? Thank you sir, I'll open it up
for discussion,
Dorothy Wood: Pastor Flores wants to say something,
Barry Knight: Only if someone will sponsor him.
Dorothy Wood: I'll sponsor him for one minute. Is this new information Mr, Flores?
This is only for new information sir, and only for one minute. If you have new
information?
Pastor Joe Flores: New information? Let me see if this is new, This might be new,
There is no shortage of bingo halls in Virginia Beach.
Dorothy Wood: Thank you,
Barry Knight: Thank you sir. Okay. I'll close the public involvement portion of this and
open it for discussion amongst the Commission members, It looks like we have some
options at our disposal. We can, of course, deny the application if we don't think it is a
proper land use. We can defer it if we want too or we can approve it if we think it is a
proper land use. Ifwe do approve it, then City Council has at their discretion, it won't be
scheduled for a minimum, I'm sure of 30 days. And, if they see something, then they
have it at their option to defer it. So, that is the options as I see it. I'll open it back up for
discussion. Mr. Crabtree?
Eugene Crabtree: Is the owner of the building here today?
Dorothy Wood: Yes.
Item #14
B'N ai Israel
Page 8
Barry Knight: Would you like to call him up Mr. Crabtree?
Eugene Crabtree: I would like to ask the owner of the building a question,
Barry Knight: Welcome sir and please identify yourself for the record.
Arnold Hecht: Arnie Hecht.
Eugene Crabtree: Mr. Hecht, just one simple question.
Arnold Hecht: Yes,
Eugene Crabtree: Has an agreement been made for the purchase of the building with the
Community Center, and are they up to date on their lease agreement?
Arnold Hecht: Tragically, No, The lease agreement, they are about 7 months behind in
rent at this particular time. With regards to a signed agreement, the agreement is in
context of a lease agreement that we signed 2Y2 years ago. As a result of an attorney that
they retained, the issue was May 31 st the year, Even though it was written in the contract
as the drop dead date, which you remember, thank you, the argument was made because
they had 2'i1 years from the date of occupancy. Technically they would have until June
30. So, in order to give Pastor Flores the maximum opportunity so there is no hard
feelings.
Eugene Crabtree: Is there any definite potential agreement between YOl,l and the Pastor
for purchase?
Arnold Hecht: As he has said, and he called me last week to tell me that the bank had
approved it with some conditions. So, I have no idea whether there is anything that is
going to become of that or not. Obviously, there is a lot of back rent that has to be paid
from time of finalizing the final deal. So, it is truly up in the air. So, my feeling about
this particular meeting was would it really harm if you folks had approved the new
people for it to be a bingo hall because he still has that option to the end of June to
exercise that option. So, I figure the other people won't be delayed if this was the case. I
do feel bad for Mr. Flores that it seems that the community rather than rallying around
him to support the facility, he feels that the fact that the possibility of it being a bingo hall
is now hurting him in his efforts to rally the community around it and to do whatever he
can. That is it.
Eugene Crabtree: Thank you sir, I appreciate your time.
Arnold Hecht: Are there any other questions?
Barry Knight: Mr. Redmond, do you have a question? Are there any other questions for
Mr, Hecht? Okay. Thank you sir.
Item #14
B'N ai Israel
Page 9
Kathy Katsias: So, he has until June 30th to exercise his option to purchase the property?
Arnold Hecht: Yes, but that includes going to closing. So, he really has very little time
according to the original paperwork drawn 2 12 years ago.
Kathy Katsias: Right.
Arnold Hecht: He has got until June 30th.
Kathy Katsias: But that can be worked out?
Arnold Hecht: Worked out in terms of!
Kathy Katsias: Well, ifthe papers don't get prepared or whatever, it could be worked
out.
Arnold Hecht: If the papers don't get prepared.
Kathy Katsias: He has until June 30th to exercise whether he purchases or walks away?
Arnold Hecht: Well, to actually go to closing, is how I believe the lease agreement is
written. So, he really has very little time,
Kathy Katsias: It is on or about.
Arnold Hecht: Okay.
Kathy Katsias: But you have a price set with Pastor Flores to what the sales price is? So,
everything is in agreement as to you transferring the property to him?
Arnold Hecht: Pastor Flores has, as he revealed to me, a 20 percent equity position that
he has to put into this building. So, that rneans he has to come up with a really sizeable
amount of cash.
Kathy Katsias: That is no concern of ours.
Arnold Hecht: Right. And he has back rent he has to come up with.
Kathy Katsias: But that is between you and the attorneys.
Arnold Hecht: Okay.
Barry Knight: Are there any questions of Mr, Hecht? Ms. Wood?
Dorothy Wood: Mr. Hecht, if we deferred this one month, then how would it change?
Item #14
B'N ai Israel
Page 10
Arnold Hecht: Any agreement between myself and B'Nai Israel, and they have as a
contingency that unless they get approval from you folks and City Council, the building
is of no value to them. So, it would only delay them 30 days.
Dorothy Wood: Thank you,
Arnold Hecht: Now under the circumstances considering as much as I waited for my rent
but either way.
Dorothy Wood: I understand you're a businessman.
Arnold Hecht: But like I said, I would like to give Pastor Flores every opportunity
possible so that the community doesn't have a hostile feeling towards myself, that
building or any of the new owners of that building, so, just to take it out on them, That
has been a concern of mine, They are the bad guys in this whole scenario and they're
really not. It is just a question of Pastor Flores not having enough financial support to
keep the center going.
Eugene Crabtree: Thank you sir,
Kathy Katsias: I just want to say one thing. You are very accommodating landlord. I
work with a lot of them. And, also for a landlord would not let a tenant in their space to
be delinquent 7 or 8 months.
Arnold Hecht: Thanks,
Kathy Katsias: Thank you.
Arnold Hecht: Well, I only hope that Pastor Flores not only respects that and when the
time comes ifhe has to move out, then he moves out efficiently and quickly, Okay.
Barry Knight: Thank you. Are there any other questions? Mr, Livas?
Henry Livas: Am I to interpret then June 30th is the drop dead date as far as the deal?
Arnold Hecht: Yes.
Henry Livas: Okay,
Barry Knight: Mr. Whitney?
Jack Whitney: Yes sir Mr. Chairman. Mr. Macali, earlier in the discussion presented you
with the options that the Commission has for action on this item. Regardless of which
option the Commission chooses to take, if there are factual changes in the issues leading
to the original deferral with respect to purchasing the property that occur between now
Item #14
B 'N ai Israel
Page 11
and then, if they are communicated to the staff in a timely fashion, we will be happy to
include them in what we pass along with back to the Planning Commission or on to the
City Council. I just want to make you aware that if we are provided factually
information, we will certainly include that for the Commission's deliberation or for the
City Council's consideration under any ofthe options Mr. Macali laid out for you.
Barry Knight: Do the Commissioners understand? Thank you Mr. Whitney. Thank you
Mr. Hecht.
Pastor Joe Flores: I have new information.
Barry Knight: Does anyone want to sponsor him? I'm sorry sir, No one here will
sponsor you. Mr. Redmond?
David Redmond: Thank you Mr, Redmond. Pastor Flores, you have a beautiful
daughter. I think we need to be fair to the applicant in this case, Sixty days ago we
deferred this for the purposes of giving Pastor Flores the opportunity to put the financing
together and to buy this property. It reaches a point where it becomes, I think, unfair to
others to the property owner, Mr. Hecht, and to the applicant itself. We kind of reach a
point where it causes a hardship to other people. You still, as far as I can tell, until June
30th to buy this property to agree upon terms. I don't know why we would want to
further inconvenience the applicant. I look at these things and try to figure out is this by
all other means a reasonable application. It looks entirely reasonable to me. I don't think
it is terribly fair to the applicant to continue to delay or defer again, what otherwise
would seem to me to be a relatively routine application, I'm going to support the
application.
Barry Knight: Is there any other discussion? Mr. Crabtree?
Eugene Crabtree: I agree with Mr, Redmond. Even if we approve this application today
it is not going to prevent the Pastor from going ahead with the purchase of the building if
it is done by the 30th of June. And as Mr. Whitney said, he will pass that one to City
Council. It would be null and void at that time anyway. Ifwe approve it today, we're not
going go stop anything. Everything can go as planned, which ever way it goes.
Barry Knight: Mr. Bernas?
Jay Bernas: I look at it from a land use perspective. If! had a choice between a bingo
hall and what they're doing today, I would much rather have the cultural life center.
And, if there is a way by deferring it to actually give them a chance to do that, then I
would be willing to give them a chance. I know we did a 60 day deferral but that was
under the information that May 30th was the original date. Now that June 30th is the new
date, I would like to give them the opportunity to kind of make that new date, Because I
think that is new information and that is why I would support a deferral. Given the fact
that I asked ifB'Nai would be negatively impacted by deferring it another 30 days and
Item #14
B 'N ai Israel
Page 12
they said, "kind of' "not really", where I totally understand Pastor Flores, he would be
very severely damaged because I wouldn't want to give money to a losing cause, to
something where the Planning Commission has already approved a different use, So, I
totally understand his argument. I think he would be more severely negatively impacted
by the Commission approving it today, So, I would like to side with him and give him
another opportunity, given the new information,
Barry Knight: Mr, Livas?
Henry Livas: Yes, I would agree with Jay. I would like to give him the last opportunity
and we're very close to it now anyway, Everybody says this is the drop dead
opportunity, and the people who want to use it for a bingo hall have indicated that they
are not going to be that adversely affected if we grant them another 30 days on this, So,
in considering all those things, I would like to give them another 30 days,
Barry Knight: Is there any other discussion? Ms. Anderson?
Janice Anderson: I understand the recommendation with the deferral. I don't think it
really resolves our issue, They have the first option to purchase it. So, if they close by
the 30th, they get it. So, it doesn't matter what we do even if we went ahead and
approved. So, by deferring it doesn't really do anything. They can still proceed and
close on the 30th. Nothing is going to stop them. We've done it for 60 days already, and
I think we shift it back to a land use. The land owner has signed the application along
with the applicant. And, so far as the land use issue, a bingo hall, I believe is an
appropriate use in the B-2 area. The group that is going to run the bingo hall from the
last presentation has experience and runs a nice facility, And, I would be supportive in
going forward with it. Hopefully, Mr, Flores can close it by this time and his contract
allows him too but, I think that is something outside.
Barry Knight: Okay. Is there any other discussion? The Chair will entertain a motion,
Mr, Livas.
Henry Livas: I move that we defer it for 30 days.
Barry Knight: Do I have a second to that motion? Mr. Bernas? Now, I open it back up
for discussion. There is a motion to defer, Did you say 30 days Mr. Livas?
Henry Livas: Yes.
Barry Knight: Okay, 30 days and second by Jay Bernas. I'll open it back up for
discussion. Ms. Wood?
Dorothy Wood: I certainly understand Mr, Hecht and having some rental property. I
know how difficult it is not to collect your rent. However, Pastor Flores, if he thinks he
can do it by June 30th, it would be wonderful. He has to be done by June 30th and close,
Item #14
B'Nai Israel
Page 13
which means you would have your loan probably in a week or so. And, I hope you can
possibly do it. I will go along with giving you one more month but that is it. You
certainly owe Mr. Hecht a big debt of gratitude for letting you stay there for this long,
Barry Knight: Is there any other discussion? Ms, Anderson?
Janice Anderson: I would like to make a substitute motion for approval.
Barry Knight: There is a motion on the floor. Do I have a second? Mr. Crabtree seconds
it. There is a substitute motion on the floor to approve the application, We will vote on
the substitute motion first. Do I hear any discussion? Mr. Horsley?
Donald Horsley: I would like to make one comment. I think, Pastor Flores we really
tried to help him out. I don't know whether he's got much help over these last 60 days or
not. I certainly hope he has but if we approve this it doesn't mean he can't purchase the
building, He can still get it done. And, maybe he can use this a rallying point for your
community to get out there and say, "look, we got 30 days to get this done folks if you
want us to be here, we got to come up with the right thing or we are out". It is either in or
out by the end of June. So, maybe you can use this as a rallying point Pastor. I don't
think anybody here has said anything they don't like your church there or your outreach
center there, It is just a business. It's a land use situation that we, as Planning
Commissioners, are required to deal with. So, I think whether this gets deferred or
whether it is passed today, won't really affect your ability to get the job done by June
30th, We all hope you can regardless of whether this goes through or not. I think it is just
fulfilling an obligation to an applicant who has come with a request that we put off for 60
days, and I think he is due an up or down vote one way or the other for his purposes. So,
I hope you won't feel that way if it does get approved, You still got your opportunity,
Barry Knight: Thank you, Is there any other discussion? There is a substitute motion on
the floor to approve by Jan Anderson and seconded by Gene Crabtree. I'll call for the
question.
AYE 6
ANDERSON AYE
BERNAS
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KATSIAS
KNIGHT AYE
LIVAS
REDMOND AYE
STRANGE
WOOD
NAY 0
ABSO
ABSENT 1
NAY
NAY
NAY
ABSENT
NAY
Item #14
B'N ai Israel
Page 14
Ed Weeden: By a vote of 6-4, the substitute motion to approve the application for B'Nai
Israel has been approved.
Barry Knight: Thank you,
.~ ----..,.: ..,.,
it::!"1.0 P ~,'71i;~B""'i if..-
.'.'".'__.0.',._: L_=SJ.C ~()j t1J. 4 -,', ~.
'--" -.--__. -._ - i: "
-------#j " . --~;~--.:
.......
l rr...'!\'H -li p'" RJl,IfR
.......
,~-_....
\
",
,/
,_--<L,-----/
!-
," /'
R-40
IS;:),'
(UP i(Jr Par)~.~iii::5 Opf:'r('~tiOr1
~........~
~;G~~\~~~6~~
.f...'.i~~=;>:~'>,
(..._",.,_.. ...." ...")
\2~~;~:~~~#
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Shore Drive Parasailing, Inc. for a Conditional Use Permit
for a recreational facility of an outdoor nature (parasailing) on property located at
3311 Shore Drive (GPINs 1489884455; -4670; -5516; -5487; -6304; -3682; -4699).
DISTRICT 5 - LYNNHAVEN
MEETING DATE: July 10, 2007
. Background:
The applicant requests a Conditional Use Permit to allow a boat conducting
parasailing and sled/tube rides to depart and return to the dock area located at
the rear of the site, Actual release of the parasail and sled does not occur until
the boat has reached a designated, safe area within the Chesapeake Bay.
. Considerations:
The parasailing and sled rides will be conducted from a 28-foot vessel, which is
specifically designed and built for parasailing and is rated to carry eight (8)
individuals within the boat. Each parasailing and sled riding trip will include one
(1) licensed captain, one (1) experienced deck hand, and up to six (6)
passengers. Individual parasailing and sled riding trips will last for approximately
one (1) hour. The hours of operation will be daily, 8:00 a,m, to 7:00 p.m" or thirty
(30) minutes before sunset, whichever occurs first. The parasailing and sledding
season, at this location, will start Memorial Day weekend and run thru Labor Day
weekend. Additional occasional trips will be scheduled thru September, weather
permitting.
There are currently 95 parking spaces on-site, of which 55 spaces are required
for the existing Lynnhaven Seafood and Marina. The parasailing and sled riding
operation will utilize at least five (5) parking spaces. Additional off-site parking is
available at 3265 Shore Drive (existing lot behind Starbucks) for employees of
the parasailing operation and Lynnhaven Seafood and Marina.
The land use and development policies within the Comprehensive Plan
pertaining to this portion of the Bayfront Planning Area support well-planned and
executed beach and waterfront-oriented recreational activities that promote
safety, family recreation and similar activities. Parasailing and water sled riding
uses are consistent with the Comprehensive Plan's recommendations for this
area and Staff concludes that the proposed use will not detract from the quality of
life found in this community. The plan is also consistent with the thematic
development concepts recommended by the Urban Land Institute's Bayfront
Study for this portion of the Shore Drive corridor, Staff finds that as long as the
parasailing activity is conducted in a safe manner and the regulations of the
Shore Drive Parasailing, Inc.
Page 2 of 2
United States Coast Guard are adhered to, the proposed project will increase the
variety of recreation activities available to the community,
The Planning Commission placed this item on the consent agenda because
parasailing and water sled uses are consistent with the recommendations of the
Comprehensive Plan, the use is 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 10-0 to
approve this request with the following conditions:
1, The parasailing and water sled/tube riding operation shall meet all
requirements and regulations of the United States Coast Guard.
2, There shall be no parasailing or water sled/tub riding operation within the
Lynnhaven River. All such activities shall occur within the Chesapeake Bay.
. 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: l, OS D01.-
REQUEST:
Conditional Use Permit for a recreational facility
of an outdoor nature (Parasailing and sled/tub
rides).
(rl""Jf.~'o\~"'1 r1V,fI~
SHORE DRIVE
PARASAILING, INC.
Agenda Item 4
June 13, 2007 Public Hearing
Staff Planner: Leslie Bonilla
,,) \,
( "
--_//
R-40
" I,
i-;!J..
ADDRESS I DESCRIPTION: 3311 Shore Drive.
GPINS:
14898844550000
14898846700000
14898855160000
14898854870000
14898863040000
14898836820000
14898846990000
COUNCIL ELECTION DISTRICT:
5-LYNNHAVEN
SITE SIZE:
58,000 square feet
The applicant requests a Conditional Use Permit to allow a
boat conducting parasailing and sled/tube rides to depart and
return to the dock area located at the rear of site. Actual release of the parasail and sled does not occur
until the boat has reached a designated, safe area within the Chesapeake Bay. Tllere are currently 95
parking spaces on-site, of which 55 spaces are required for the existing Lynnhavsn Seafood and Marina.
The parasailing and sled riding operation will utilize at least five (5) parking spaces. Additional off-site
parking is available at 3265 Shore Drive (existing lot behind Starbucks) for employees of the parasailing
operation and Lynnhaven Seafood and Marina (see parking agreement at the end of this report).
SUMMARY OF REQUEST
The parasailing and sled rides will be conducted from a 28-foot vessel, which is specifically designed and
built for parasailing and is rated to carry eight (8) individuals within the boat. Each parasailing and sled
riding trip will include one (1) licensed captain, one (1) experienced deck hand, ar1d up to six (6)
passengers. Individual parasailing and sled riding trips will last for approximately one (1) hour. The
hours of operation will be daily, 8:00 a.m. to 7:00 p.m., or thirty (30) minutes befol'e sunset, whichever
occurs first. The parasailing and sledding season, at this location, will start Memorial Day weekend and
run thru Labor Day weekend. Additional occasional trips will be scheduled thru september, weather
permitting.
SHORE DRIVE PARASAILlNG, INC.
Agenda Item 4
Page 1
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Restaurant and Marina
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
· Parking areas / B-4 Mixed Use Business District
· Lynnhaven River and Vacant Land / R-40 Residential District
· Marina / B-4 Mixed Use Business District
· Restaurant / B-4 Mixed Use Business District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is located adjacent to the Lynnhaven River and is within the
Chesapeake Bay watershed.
AICUZ:
The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Shore
Drive in front of this site is a four-lane divided major urban arterial. The Master Transportation Plan
proposes a divided faCility with bikeway within a 150-foot right-of-way. The Lesner Bridge Replacement
Capital Improvement Program project (CIP 2-168) is also slated in this area. This CIP project will study
the replacement of existing Lesner Bridge with a signature facility, including a bike path, which is
capable of handling six lanes of traffic in the future. This project also includes upgrades to the
intersections of East Stratford Road and Vista Circle, as well as aesthetic upgrades within the project
limits.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Shore Drive 41,700 ADT 38,700 ADT (Maximum Existing Land Use -
Level of Service "E") N/A
Proposed Land Use 2_
74 ADT
5 Morning Peak Hour
Vehicles (entering)
3 Afternoon Peak Hour
Vehicles (entering)
.
2006 Average Dally Tnps
2 as defined by recreational - parasailing
WATER: This site currently connects to City water. The six-inch City water main in Vista Circle may be used or
upgraded if needed for this use.
SEWER: This site currently connects to the City sanitary sewer. Analysis of Pump Station #200 and the
sanitary sewer collection system is required to ensure future flows can be accommodated. There is an eight-
inch City gravity sanitary sewer main in Vista Circle and Cape Henry Drive.
SHORE DRIVE PARASAILlNG, INC.
Agenda Item 4
Page 2
Recommendation:
Staff recommends approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The land use and development policies within the Comprehensive Plan pertaining to this portion of the
Bayfront Planning Area support well-planned and executed beach and waterfront-oriented recreational
activities that promote safety, family recreation and similar activities. The proposal is in conformance with
the Comprehensive Plan and is compatible with the adjacent business areas.
Evaluation:
Parasailing and water sled riding uses are consistent with the Comprehensive Plan's recommendations
for this area and Staff concludes that the proposed use will not detract from the quality of life found in this
community, The plan is also consistent with the thematic development concepts recommended by the
Urban Land Institute's Bayfront Study for this portion of the Shore Drive corridor. Staff finds that as long
as the parasailing activity is conducted in a safe manner and the regulations of the United States Coast
Guard are adhered to, the proposed project will increase the variety of recreation activities available to
the community.
CONDITIONS
1. The parasailing and water sled/tube riding operation shall meet all requirements and regulations of the
United States Coast Guard.
2. There shall be no parasailing or water sled/tub riding operation within the Lynnhaven River, All such
activities shall occur within the Chesapeake Bay.
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.
SHORE DRIVE PARASAILlNG, INC.
Agenda Item 4
Page 3
AERIAL OF SITE LOCATION
SHORE DRIVE PARASAIUNG,JNC.
Agenda Item 4
Page 4
~~I
i~~l
~~<!
___--L.!.~.!..------------
I
~ ~
~~o:
gai'
\
\
-
,-
s::=- ~ I
--\- til 1I't~~ / /
\"" / /
-\11//
$1.....-(')/ /
- ,./ ./"
/'" /
v
/j
/
/
""
.
...~~
')
,
,
/
,
,
i
U
, ...~ ~
Q-~~ ~.
..~.......
~Q;;
o
b
t!l
~
,
,
/
,
,
.,{I
~1"
/~ it
" ~:t.t.
~l! ".
h" i1
df
PROPOSED SITE PLAN
SHORE DRIVE PARASAILlNG, INC,
Agenda Item 4
Page 5
PHOTOGRAPH OF DOCK AREA
SHORE DRIVE PARASAILlNG, INC.
Agenda It~m 4
Page 6
May 26, 2007
To: City Planning Commission
City of Virginia Beach
From: Kevin Farley
Shore Drive Parasaillnc.
Subject: Additional Employee Parking (Pin#1489-88-8921)
This letter confirms that Shore Drive Parasail, Inc. employees are included in the 20
spaces that were submitted in the original conditional use application. This agreement
states that the employees of Lynnhaven Seafood Marine park in the additional parking
provided by Bubbas Crab House; located at the following address:
Shore Drive Parking LLC
3265 Shore Drive
Virginia Beach VA, 23451
Both business owners of Lynnhaven Seafood Marina and Bubbas Crab House
acknowledge by signing this agreement that the employees of Shore Drive Parasail, Inc.
are included in this additional parking. This will be up held with the original parking contract
made between Lynnhaven Seafood Marina and Bubbas Crab House.
~~ 5'dFl
Gene Feuerhat1n Date
Feuerhahn Enterprises & Sons Inc.
(Lynnhaven Seafood Marina) ,
11!;/ ~-
~itri Hionis y-- ""'-7
Shore Drive Parking LLC
(Bubbas Crab House)
5-2~-o7-
Date
f)jfM1J,Yhl
Witness
(i:J-Q/07
Dat
PARKING AGREEMENT
SHORE DRIVE PARASAILlNG, INC,
Agenda Item 4
Page 7
Map (;-J
't.: .,.",' .~i":"
I. H'.:r,,'H.nB-,' [\film
1--'
"
1-_--"'
\"
.,
,
I
I
"
... ./_----'.:L ------/'
1~-40
iSD!
CUP fOf Po:lr,:b(Ji:jn.~ OjJ~r~li()n
# Date Oescription --'
1 04-22-74 Conditional U~e Permit (marina) _-'
2 03-22-94 Conditional U~e Permit (outdoor recreational faCi
rental of water jecreational vehicles)
3 05-24-94 Conditional U~e Permit (marina)
--'
4 12-07-04 Conditional U~e Permit (multi-family dwellings)
5 04-30-90 Conditional U~e Permit (car wash)
--.'
6 04-25-88 Conditional U~e Permit (car wash)
7 04-27-04 Conditional U~e Permit (off-site parking lot) -
-
~
Action
, Granted
y- Granted
Granted
Granted
Withd rawn
Withdrawn
Granted
jit
-
IrJG HISTORY
zoN '
~ASAILlNG,INC.
SHORE DRIVE PA Agenda Item 4
Page 8
I:==;;
I I- f,
Zi
pill
!~f
I: LJ.I:,
l; 1-1'
f<:
,; I-
ilJl
~ l.Il '
I 0:: !
~ :::I i
1 !Ill
, 01
dl
IJl
'0
!
t~ ~
~E
ell ,~
it~
3~~
~@ ~.
~l!i
':'" i'9 E
me;,~ t5
9 ~~~_
~29~
o~;~
..jf;~-E
~. ~ g>:::
o "'.;:; ~
>= 9.'" "
c ~.~~
~.o .:i (O?-
0:-; 1\
1'- >.-~
~~~
:: ~ s
c c..s
8"3 ~
~~~
?;'::l :=
.., f, "
.... ,1)
<,.
... ~
~
....~-
:::"';:';' ;;
~~ ~
, '1=
-,;;;:> 0
~i;~.~
t:.~, i3
~ gl~
in
~&'8
:.J 'o/l"ii;
."H
~ C'-l
-; &:;;."0
& '2 ~
~ ~ t:o
IH
" ,~
'~i;: .~
c~' 5;
~~5
<r.. ~ 0..
i~h
;-S~N
to,. ..... f"l(
-..:n~
11~
,j 5.u
~.~,.
':l. :::.~ h e;.....'?">
~ :: ~c ~.:.
."
1'1:.~'r;~ i"E
~~~:E8'Q=. ~:;~
~~~?~-5-q~~~
mmHt~
Hltl;
....'l;: -Ii
~ f:';:' ~,
3h i
"-
~
<
3
.,
-;r.::
...J$}-
~ Ji"
~
~'
';
~
%
.z.
NOI1YJI1ddV lImIHd HSl11VNOI1I
I-
Z
W
~
W
f-
<:
?-
m
WI
0::,
i ~ i
I, ...J,j
r u .
H~
~n~
-g
;;;
&
8
"
~
!(:
;;
~
~
{
~
~
c 01,/;"
'" 8
~ ::::
~~ c
~.:ii ~
O.E e
-J C!J
~ - ~~":'
~~ ~~~
ct~ >""' ~r,
U c ~"::: '"
;? -g :~-g ~ ~;
.... c~ ==- ~ - :i.:
~ <: E'.Q
.g~:E_ .2
lO: t!,~
&_ E '- C
R~g~
-~c;~
,., ~ ~ .0
ii:~
(;".~ ~
~ - -:..
- E:
:::.:) .-
-<
c.
.,.
~,;
,...
.;j
"
~
'"
'"
.0
'='
'"'
- ~~
l~i
~c
~~ ~
on
~,::g ?
0'
C :;;
~ ~ ':>
, ~~ ~
="'-
_0.
r: r,:
: '1.. ,.;
.~ ~ ~~
" ~ :,
E ~ ~.
-;;; 2
A ~ !.
~~.
-' ~
<
"
;~.,
(;
c;
","/
'"
c:
"
::>
.Q
~
g.
Vi
~,
c:
1:
'"
C-
o:
i
s
'"
~g
~;>
'"
:.n- ~
_ "2
.:: r:
:i:.: 1:""
~ C
,g:~
(;
; I
- :5
:"i
::;; :'
'"
0;
.,
E
'" II>
"" E
'5 ~
o ~
~ ~
LU ...~' :;:
~~~
tn~.E ~~
o :t: '-'1
d2i :;::;.
Cf) ~ - "-"", ';:!
;~t!~;
~~~E~t;
Ooc..9~:f;
~T;Q-a~~
~~;;E':;3
5a2-8~~, e,\.
f :;: ~~ _ ~"~,'.:.,',',(;.,::._<,.. ,
;'~.~~,; -:
~il,~~ ti:
;; ) _ 8.:e
-.', ,... ,~ - :::.
..... - ~
~~:~~
~'
8,~ ~_. :.~
~
.,'It I
I
'"
'" v.:
:: E
E <;.
.~
;;
., ':i:
a; ::
~ ()
1< ~.
It
> 'E'
'" c
~
:e -
."
~ C
...
~ ~-
~ %
:5 F-
e '"
~ -
d ;;;
1 r.i
;:x ~
0 0 ~
'" z
'"
:>- "5
"
s;
~ -
" "
'J) ~
r
1 '" ~
",
'0 "
.:;
iii ,.
-
0" \'lj "
" ~- :-..
0
a u;: :0
"
:r.
~
i
E
~
<i
~
~
::
;;
0.
.'2
;;;
<;
0._
(; c
,..) -=
~ ~
.... "
0...
~E'
.., "
0;]1
c:: ':13
~&.
~o
iij ~
'" "
0-=
c."
v ~,
..c.z.
-0
~' 0
~~
j~
-;;
~'
.~
~
~?3
'"
.,
- c'
l~
~ -.
'0;
c :.,:.
~~
~~
~.-
,'"l-
.~ ~
2;.::
"'Si-
t; :r.
-= ~
~; z
.~
~ ~
~, ~
i~
^,
~'
u
x
DISCLOSURE STATEMENT
SHORE DRIVE PARASAILlNG, INC.
Agenda Item 4
Page 9
Item #4
Shore Drive Parasailing, Inc.
Conditional Use Permit
3311 Shore Drive
District 5
Lynnhaven
June 13, 2007
CONSENT
Janice Anderson: The next matter is agenda item 4. This is the application of Shore
Drive Parasailing, Inc, This is for a Conditional Use Permit for a recreational facility of
an outdoor nature (parasailing). This is on property located at 3311 Shore Drive in the
Lynnhaven District. Is there a representative for this application? Welcome sir. Please
state your name.
Kevin Farley: Yes. My name is Kevin Farley. I'm the owner of Shore Drive
Parasailing, I would like to thank the Commission for consideration.
Janice Anderson: Thank you Mr. Farley. This application is approved with two
conditions and you've reviewed them? Are they acceptable?
Kevin Farley: Yes ma'am.
Janice Anderson: Thank you.
Kevin Farley: Thank you.
Janice Anderson: Is there any opposition to this matter being placed on the consent
agenda? Seeing none, the Chairman has asked Kathy Katsias to review this application.
Kathy Katsias: Agenda item 4, Shore Drive Parasailing, Inc. is a request for a
Conditional Use Permit for a recreational facility of an outdoor nature. The parasailing
and sled rides will be conducted from a 28 foot vessel, which is specifically designed and
built for parasailing to carry eight individuals within the boat. Each parasailing and sled
riding trip will include one licensed captain, one experience deck hand and up to six
passengers. The paras ailing and water sled uses is consistent with the Comprehensive
Plan recommendations. The staff recomrnends approval, therefore, we put it on the
consent agenda.
Janice Anderson: Thank you Ms. Katsias. Mr. Chairman, I have a motion to approve the
following agenda item 4.
Barry Knight: Thank you. There is a motion on the floor. I have a second by Kathy
Katsias, Is there any discussion on the consent agenda from the Commission members?
Okay. I'll call for the question,
Item #4
Shore Drive Parasailing, Inc.
Page 2
ANDERSON
BERNAS
CRABTREE
HENLEY
HORSLEY
KATSIAS
KNIGHT
LIV AS
REDMOND
STRANGE
WOOD
AYE 10
NAY 0
ABSO
ABSENT 1
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
ABSENT
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 4 for consent.
- 42 -
Item V-K.l. a/b.
PLANNING
ITEM #56582
Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard,
Phone: 499-8971, represented the application, concurred with request for Deferral to resolve
issues re the electric-powered low speed vehicles (LSV) and the addition of retail for the entire
office warehouse development.
Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council DEFERRED
until the City Council Session of July 10, 2007, MODIFICATION of Proffer No, 3 upon application of
HAC PROPERTIES, LLC to allow low speed motor vehicle sales and an Ordinance upon application
of NORMA DIANE PAYNE nEWIT t/a ARGO OF TIDEWATER for a Conditional Use Permit for
motor vehicle sales (low speed vehicles): Staff was requested to consider restricting allowances of these
vehicles to areas where speed limits are 25 miles per hour or less,
The property owner currently has an existing tenant that proposes to expand its product line from golf
carts to include electric-powered low speed vehicles (LSV), The LSV is a four-wheeled, electrically-
powered vehicle whose maximum speed is greater than 20 mph but less than 25 mph. The additional uses
proposed for addition to Proffer 3 will permit future tenants to use the property
ORDINANCE UPON APPLICATION OF HAC PROPERTIES, L.L.c.
FOR A MODIFICATION OF PROFFERS FOR A REQUEST
APPROVED BY CITY COUNCIL ON JUNE 22, 2004.
Ordinance upon application of HAC Properties, L.L.c. for a
Modification of Proffers for a request approved by City Council on June
22, 2004. Property is located at 1763 Princess Anne Road (GPIN
2403916498). DISTRICT 7 - PRINCESS ANNE
AND,
ORDINANCE UPON APPLICATION OF NORMA DIANE PAYNE
HEWETT T/A ARGO OF TIDEWATER FOR A CONDITIONAL USE
PERMIT FOR MOTOR VEHICLE SALES (LOW SPEED VEHICLES)
Ordinance upon application of Norma Diane Payne Hewett t/a Argo of
Tidewater for a Conditional Use Permit for motor vehicle sales (low
speed vehicles) on property located at 1763 Princess Anne Road, Suites
101 and 102 (GPIN 2403916498). DISTRICT 7 - PRINCESS ANNE.
June 26, 2007
- 43 -
Item V-K.1. a/b.
PLANNING ITEM #56582 (Continued)
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R Jones, Reba S. McClanan, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
June 26, 2007
M M~ K-14
o ot to Scole
AG-2
'"
c? AG-I
00.
~;C\S'~\'~f~6:"\~
~~r~
'-'"..~.,"J
~.::~:;~~~..:..#
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of HAC Properties, L.L.C. for a Modification of Proffers for a
request approved by City Council on June 22,2004. Property is located at 1763
Princess Anne Road (GPIN 2403916498). DISTRICT 7 - PRINCESS ANNE
MEETING DATE: July 10, 2007
. Background:
This request was deferred by the City Council on June 26, 2007.
A Conditional Change of Zoning for this site from AG-2 Agricultural District to
Conditional B-2 Business District was approved by the City Council on June 22,
2004. Proffer 3 of that Change of Zoning restricts the allowable uses of the site.
The applicant now desires to modify that proffer to allow motor vehicle sales;
retail establishments; and laboratories and establishments for the production and
repair of eye glasses, hearing aids and prosthetic devices.
The property owner currently has an existing tenant that proposes to expand its
product line from golf carts to include electric-powered low speed vehicles (LSV).
The LSV is a four-wheeled, electrically-powered vehicle whose maximum speed
is greater than 20 mph but less than 25 mph. The additional uses proposed for
addition to Proffer 3 will permit future tenants to use the property,
. Considerations:
The site plan approved in 2004 is unchanged, Access to the site is from Princess
Anne Road along a drive aisle that runs back to the main portion of the site, The
site has seven (7) single-story brick office-warehouse units and approximately
15,500 square feet of single-story predominately brick mini-warehouse storage
units,
The Planning Commission placed this item on the consent agenda because they
concluded the modification to the list or permitted uses is reasonable, staff
recommended approval, and there was no opposition,
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request, as proffered.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
HA V Properties, L.L. C.
Page 2 of 2
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen
City Manager~ k ,~~
HAC PROPERTIES,
LLC
Agenda Item 6
May 9, 2007 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Modification of Proffers from the Conditional
Change of Zoning from granted by the City
Council on April 11 , 2000.
M.~,!!J~34," HAC Pro erties LLC
\ A-q.:.."z .- ~ -- _---- ::'---::-'-=-7-_j-:" i'LL' ----.....-...;:;~,:::--.~
AG-2~ '-' . ':"-=--_'-~\Jr '----; ,I 't::P --"-C.-
_, __-_-----\-, n_It] \4(. f. t::J ""' I,
--' .,-,.,...!!!f'/!':!'!"=; .p1""'e_"'IJ - M' 1--/' .P.-21
\ ' _lND "_-- , \ .\ 0- ,8- ., ''-'''-1 ,
~"__> ~.~ "n 0 ~ \, ")C::::::J
-: ,,-;:.-- j \ " \ , '" 0<;:')", 0
, .(] \ 0 \ q, L-' ~-2 "", =~,// -, .-
~[ht[b) ~ ~~ /
AG-3 \ 0 ::!S;;/!' ;0
~~~~I r.<RJ~J.-tr.l
-.-'.-, _; ,Ii! ~OW'
d./~ ..._._..----'.- I ' : /
--' ' \ .~ '" , 0
~~ ' I /w~~</ ,.
\) Of !~j))]'fJ/ "," AG-I
(? AG-J Y-J,i.... ,i-.'J,~i P15 &j / '-,- .
~ 'II! I
AG-2 ' IlL. rJ " -2
o JII~'!
,\1odiiiGltlon of Conditions
ADDRESS I DESCRIPTION: Property located at 1763 Princess Anne Road,
GPIN:
24039164980000
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
3.34 acre lot
SUMMARY OF REQUEST
A Conditional Rezoning from AG-2 Agricultural District to
Conditional B-2 Business District was approved by the City Council on June 22, 2004. The Conditional
Rezoning has five (5) proffers (listed below). Proffer 3 restricts allowable use of the site. The applicant
desires to modify that proffer to allow use of one of the units in the complex for a use that is not currently
listed:
PROFFER 1 When the Property is developed, it shall be developed substantially as shown on
the exhibit entitled "PRELIMINARY LAYOUT PUNGO COMMERCE CENTER",
prepared by Mel Smith & Associates, dated 4-11-2004, which has been exhibited
to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (hereinafter "Site Plan").
PROFFER 2 When the property is developed, the buildings depicted on the Site Plan will have
the architectural design and will utilize the building materials substantially as
depicted and designated on the exhibit entitled "PROPOSED ELEVATIONS
FOR PUNGO COMMERCE CENTER" prepared by Mel Smith & Associates,
dated 4-11-2004, which have been exhibited to the Virginia Beach City Council
and are on file with the Virginia Beach Department of Planning (hereinafter
referred to as the "Elevation Plans")
PROFFER 3 When the Property is developed, only the following uses will be permitted:
HAC PROPERTIES, LLC
Agenda Item 6
Page 1
a) Business Studios, offices and clinics;
b) Mini-warehouses;
c) Repair and sales for radio and television and other household
appliances and small business machines.
PROFFER 4 All outdoor lighting shall be shielded, deflected, shaded and focused to direct
light down onto premises and away from adjoining property.
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.
Proffer 3 indicates permitted uses and is requested for modification to allow motor vehicle sales; retail
establishments; and laboratories & establishments for the production and repair of eye glasses, hearing
aids and prosthetic devices.
Currently, the property owner has an existing tenant proposing to expand its product line from golf carts to
include electric-powered low speed vehicles (LSV). The LSV is a four-wheeled, electrically-powered
vehicle whose maximum speed is greater than 20 mph but less than 25 mph.
The additional uses proposed for addition to Proffer 3 will permit future tenants to use the property.
The approved site plan remains unchanged. Access to the site is from Princess Anne Road along a drive
aisle that runs back to the main portion of the site, The site has seven (7) single-story brick office-
warehouse units and approximately 15,500 square feet of single-story predominately brick mini-
warehouse storage.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: office-warehouse facility and mini-warehouse storage
SURROUNDING LAND
USE AND ZONING:
North:
· Farm field and single-family residential, gas station / AG-2
Agricultural District
· Farm field and single-family residential / AG-2 Agricultural
District
· Across Princess Anne Road, offices and retail / B-2 Community
Business District
· Property owned by the City of Virginia Beach (Mounted Police
Facility) / AG-1 & AG-2 Agricultural Districts
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
Portions of the property are situated in the Southern Watershed
Management Area.
AICUZ:
The site is in an AICUZ of 65 dB Ldn to 70 dB Ldn surrounding NAS
Oceana. The amendments to the proffers as requested are compatible
to airfield operations.
HAC PROPERTIES, LLC
Agenda Item 6
Page 2
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Princess
Anne Road in the vicinity of this application is a two lane undivided rural Highway. There are currently
no CIP projects scheduled for this section of Princess Anne Road. The Master Transportation Plan Map
indicates an ultimate future right-of-way width of 100 feet for an undivided roadway with bike paths.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Princess Anne 9,191 ADT 1 7,400 ADT' (Level of Existing Land Use"-
Road Service "C") 130 ADT
12,000 ADT 1 (Level of Proposed Land Use 3 -
Service "D" Capacity) 145 ADT
18,600 ADT 1 (Level of
Service "E")
Average Dally Trips
2 as defined by warehouse I self -storage facility
3 as defined by 3,000 SF replacement of storage with sales
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request as proffered. The proffers are provided below.
Comprehensive Plan:
The Comprehensive Plan recognizes this site to be within the "Rural Area." Commercial development in
the Rural Area should be locally oriented retail, service, and community uses scaled to be compatible
with the character of the rural landscape. As stated in the Comprehensive Plan, Chapter 6, "Commercial
retail development should be located in existing defined rural commercial centers, such as Creeds and
Blackwater, for supporting the rural community in lieu of strip shopping center development." Due to the
location of the site, the modification of conditions of the existing commercial site to include the sale of
electric powered low speed vehicles is acceptable with the land use policies of the Comprehensive Plan.
Evaluation:
The proposal is in conformance with the Comprehensive Plan recommendations for this rural commercial
node, Pungo, which advocates a commercial center. The amended proffers allow for uses that will
provide a service to the surrounding rural area and the Transition Area to the north.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 1 07(h) of the City Zoning Ordinance, has voluntarily submitted these
HAC PROPERTIES, LLC
Agenda Item 6
Page 3
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(S1 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 "3" in the 2004 Proffers is amended to read:
3. When the Property is developed, only the following uses will be permitted:
a) Business studios, offices and clinics;
b) Mini-warehouses;
c) Repair and sales for radio and television and other household appliances and small business
machines;
d) Motor vehicle sales;
e) Retail establishments;
f) Laboratories and establishments for the production and repair of eye glasses, hearing aids and
prosthetic devices.
PROFFER 2:
All of the terms, conditions, covenants, servitudes and agreements set forth in the 2004 Proffers recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument
#200409020140536, save and except, Proffer 3, as specifically 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 Grantor, its heirs, personal representatives, assigns, tenants, and
other successors in interest or title.
STAFF COMMENTS: The amended proffers listed above are acceptable.
The City Attorney's Office has reviewed the proffer agreement, dated January 30,2007, 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.
HAC PROPERTIES, LLC
Agenda Item 6
Page 4
r.r.~;-'B~""I~
((..r-~:::"^~,::_ ~~1'2,
~t=:~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Norma Diane Payne Hewett tla Argo of Tidewater for a
Conditional Use Permit for motor vehicle sales (low speed vehicles) on property
located at 1763 Princess Anne Road, Suites 101 and 102 (GPIN 2403916498).
DISTRICT 7 - PRINCESS ANNE
MEETING DATE: July 10, 2007
. Background:
This request was deferred by the City Council on June 26, 2007,
The applicant requests a Conditional Use Permit for the sales of low speed
electric powered vehicles. The applicant currently sells off-road vehicles in their
shop, which is located within Suites 101 and 102 of this office-warehouse
complex, The applicant, however, now proposes to expand the product line to
include Low Speed Vehicles (LSV), which are motorized vehicles operated at
greater than 20 mph but not more than 25 mph, A licensed driver is required to
operate this vehicle on residential neighborhood streets designated by Chapter 7
of the City Code.
. Considerations:
Access to the site is from Princess Anne Road via a drive aisle that runs back to
the main portion of the site. The site has seven (7) single-story brick office-
warehouse units and approximately 15,500 square feet of single-story
predominately brick mini-warehouse storage units,
The business employs one (1) full-time and two (2) part-time employees, The
hours of operation are Monday through Saturday 10 AM until 6 PM, No repair
work will be performed on the site.
The Comprehensive Plan recognizes this site to be within the "Rural Area."
Commercial development in the Rural Area should be locally oriented retail,
service, and community uses scaled to be compatible with the character of the
rural landscape. As stated in the Comprehensive Plan, Chapter 6, "Commercial
retail development should be located in existing defined rural commercial
centers, such as Creeds and Blackwater, for supporting the rural community in
lieu of strip shopping center development."
This is an existing commercial location in a defined rural commercial center. The
request for the sale of electric powered low speed vehicles is in conformance
with the policies of the Comprehensive Plan for this rural commercial node, as
Norma Diane Payne Hewett Va Argo of Tidewater
Page 2 of 2
the type of vehicles proposed for sale are suitable for certain roadways in the
surrounding area where the City Code allows such.
The Planning Commission placed this item on the consent agenda because they
concluded the proposed use is appropriate and compatible to the surrounding
area, staff recommended approval, and there was no objection.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1, Sales shall be limited to "low speed vehicles" as defined in 46.2,-100 of the
Code of Virginia,
2. The hours of operation shall be Monday through Saturday 9:00 a.m. until 5:00
p,m.
3, There shall be no display of vehicles in the public right-of-way, Vehicles shall
also not be displayed on raised platforms anywhere on the site.
4. There shall be no more than three low speed vehicles displayed for sale
during the hours of operation. The vehicles shall be parked in an area
designated "Vehicle Display Area".
5. There shall be no outside storage of vehicles, parts or equipment.
6. There shall be no repair of the vehicles on the premises,
7, No additional freestanding signs shall be permitted,
8, Any modifications to be the building, including awnings or signs, shall be
submitted to the Current Planning Division of the Department of Planning for
approval before installation.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department~
City Manageu k ,~lJMt
Staff Planner: Karen Prochilo
NORMA DIANE
PAYNE HEWETT
T/A ARGO OF
TIDEWATER
Agenda Item 7
May 9,2007 Public Hearing
Map K-l,4
:v:,":;\ 1';.,. t,-, '-,r".,_
REQUEST:
Conditional Use Permit for motor vehicle sales (low speed vehicles).
ADDRESS I DESCRIPTION: Property located at 1763 Princess Anne Road, Suites 101 & 102.
GPIN:
2403916480000
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
3,000 square feet of lease space on a
3.34 acre lot
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit for the sales
of low speed electric powered vehicles. The applicant currently sells off-road vehicles in their shop
located within the subject suites, but they propose to expand the product line to include these low-speed
vehicles. A licensed driver is required to operate this vehicle on residential neighborhood streets where
permitted by Chapter 7 of the City Code. The Low Speed Vehicle (LSV) is operated at greater than 20
mph but no more than 25 mph.
The business employs one (1) full-time and two (2) part-time employees. The hours of operation are
Monday through Saturday 10 AM until 6 PM, No repair work will be performed on the site.
Access to the site is from Princes Anne Road via a drive aisle that runs back to the main portion of the
site. The site has seven (7) single-story brick office-warehouse units and approximately 15,500 square
feet of single-story predominately brick mini-warehouse storage, The applicant is located in two of the
office-warehouse units.
HEWETT tJa ARGO OF TIDEWATER
Agenda Item 7
Page 1
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: office-warehouse facility and mini-warehouse storage
SURROUNDING LAND
USE AND ZONING:
North:
· Farm field and single-family residential, gas station / AG-2
Agricultural District
· Farm field and single-family residential / AG-2 Agricultural
District
· Across Princess Anne Road, offices and retail / B-2 Community
Business District
· Property owned by the City of Virginia Beach (Mounted Police
Facility) / AG-1 & AG-2 Agricultural Districts
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The easternmost portion of the site consists of the office warehouse
facility, mini-warehouse storage facility and associated parking, The
portion of the site to the west remains in a natural state.
AICUZ:
The site is in an AICUZ of 65 dB Ldn to 70 dB Ldn surrounding NAS
Oceana. The proposed use is compatible to this AICUZ.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Princess
Anne Road in the vicinity of this application is a two-lane undivided rural Highway. There are currently
no CIP projects scheduled for this section of Princess Anne Road. The Master Transportation Plan Map
indicates an ultimate future right-of-way width of 100 feet for an undivided roadway with bike paths.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Princess Anne 9,191 ADT 7,400 ADT I (Level of Existing Land Use""-
Road Service "C") 130 ADT
12,000 ADT 1 (Level of Proposed Land Use 3 _
Service "0" Capacity) 145 ADT
18,600 ADT 1 (Level of
Service "E")
Average Dally Trips
2 as defined by warehouse I self-storage facility
3 as defined by 3,000 SF replacement of storage with sales
Recommendation:
Staff recommends approval of this
EVALUATION AND RECOMMENDATION
HEWETT t/a ARGO OF TIDEWATER
Agenda Item 7
Page 2
request with the conditions below.
Comprehensive Plan:
The Comprehensive Plan recognizes this site to be within the "Rural Area." Commercial development in
the Rural Area should be locally oriented retail, service, and community uses scaled to be compatible
with the character of the rural landscape. As stated in the Comprehensive Plan, Chapter 6, "Commercial
retail development should be located in existing defined rural commercial centers, such as Creeds and
Blackwater, for supporting the rural community in lieu of strip shopping center development."
Evaluation:
This is an existing commercial location in a defined rural commercial center. The request for the sale of
electric powered low speed vehicles is in conformance with the policies of the Comprehensive Plan for
this rural commercial node. Any need for renovations to the existing structure or proposed structures
should be designed in a rural architectural style compatible with surrounding development.
CONDITIONS
1. Sales shall be limited to "low speed vehicles" as defined in 46.2.-100 of the Code of Virginia.
2. The hours of operation shall be Monday through Saturday 9:00 a,m. until 5:00 p.m.
3. There shall be no display of vehicles in the public right-of-way. Vehicles shall also not be displayed on
raised platforms anywhere on the site,
4, There shall be no more than three low speed vehicles displayed for sale during the hours of operation.
The vehicles shall be parked in an area designated "Vehicle Display Area".
5. There shall be no outside storage of vehicles, parts or equipment.
6. There shall be no repair of the vehicles on the premises.
7. No additional freestanding signs shall be permitted,
8, Any modifications to be the building, including awnings or signs, shall be submitted to the Current
Planning Division of the Department of Planning for approval before installation.
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.
HEWETT tla ARGO OF TIDEWATER
Agenda Item 7
Page 3
AERIAL OF SITE LOCATION
HEWETT tla ARGO OF TIDEWATER
Agenda Item 7
Page 4
.,..,.............--;
,-,/'"
---.-
.~
110,0" ~~
"'" ~.
';:.~
NO~ ~~~
~
.....---~'
1
l
!
i
\
I
I
I
,
.. i
c ~ -1 ;------- IZUI 1 L
/.-41\! ",;' , i~~
/ l , ,,; I$~
#':\l~!'!'6( I ,1:1.
- -r''''' ~I.~-. ~ " t'... f I I I
;- we : ~ L'" ~v)I"::~, ~' . J t _ ~ ' t~ i !
e-e- . 7..,-!3---El ---lJ -1; S " . j'" I
r" ~ " ~ "c If'" " i [1,
,'j"'" 'c"",", It i Iii -
"I'E3f~:' ."./2;',. ,.1", ,<j
"~"C"'-'" ~"""I ,j:""~,,,;';.H
~. "','1,' (." '~'l',.;.,' ',~'
,-;. .~... - ;:./~~~:
PAACn. 9-2
(~~......
i
1
1
I
,
1&
:';~/, "
I
I
\
1
I
~
~
:p.
.1
i
l
!
'"
;rlt~1l...~
tloA m~~~~.-U
,.I
~/'''''
""""
=,.BL,_,_,_,_,_,_:=,'~L_,_,_,-,-, :rl
.f, ,,]
PRINCESS ANNE ROAD {50')
(uttJIC.~
SITE PLAN SHOWING
LOCATION OF UNITS
HEWETT t/a ARGO OF TIDEWATER
Agenda Item 7
Page 5
PHOTO OF UNITS WITHIN BUILDING
HEWETT t/a ARGO OF TIDEWATER
Agenda Item 7
Page 6
HEWETT tla ARGO OF TIDEWATER
Agenda Item 7
Page 7
Mat> K-14
M" NOt to Scole
Norma Diane Payne Hewett Va
ARGO of Tidewater
D
075
AG-2
294
004
[)
CUP for Motor Vehicle Sales [Low Speed Vehicles]
1 06/22/04 Conditional RezoninQ from Ag-2 to B-2 Granted
Conditional Use Permit (Self storage Granted
facility)
2 10/14/03 Conditional Use Permit (Museum & Art Granted
Gallery)
3 07/07/92 Conditional Use Permit (Single family & Granted
horse boarding)
4 08/14/90 Conditional Use Permit (Cellular tower) Granted
5 12/19/88 Conditional RezoninQ from Ag-2 to B-2 Granted
ZONING HISTORY
HEWETT tJa ARGO OF TIDEWATER
Agenda Item 7
Page 8
Item #7
Norma Diane Payne Hewett tla Argo of Tidewater
Page 2
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KA TSIAS
KNIGHT AYE
LIVAS AYE
REDMOND AYE
STRANGE AYE
WOOD AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote by 10-0, the Board has approved item 7 for consent.
u
~~
Cl.":
.. 'j
~~
:S~~
~;t.!'
~~-g
-~ t ~
~ '"0 (/
t,l)r.:;:o\,.l
c.; 0'>
'9 Q. r:
> c.: v.
~.1.. e-
ll) o."'~ r:
fJJ=Jl'E:
~:;.~~
l/)ct!8
..Jo<./;i!
>- .
u"''5'"
~=,,~
0!23l
-1'Z.D.(;
~ ~~~
o ~TJ..(j.
E !'5~-
o~.!;:i ?:-
~..o.;,,;:l
...lGc-
o"u~
!!~i"
~ K:;';
~ ~t]
o"C-';.s::.
Umc.:1..l
~.1i~
D~c(
":" --
~ g ui ~
'iij ;;e.~
-""~>
!lj2~i
:..l
a.
tu
-'-.i
0I:-.i
E ~
i!iJ./
<;;
::'w
~:
6~
lOti)
:16
...=
Jig
C>
4D~_
<: _ 0
00_
,,-l?
"'c~
3 ~ 0
, 0 ()
Jil Cl._
~~ ;
<'t'~-
~:..~
c..~o
IOO
~c5
.g;:-,3
~~~
to"''''
.~ Rji
:~u:
E - >;
.. "
10. ~ v;:
:E tlH
o ~ c '
~tg~
ii...ie'~~
! ~?:'"
~~8~
1'b~~
.c >-O~
~naCQ.
~!O>
a:." ~ -
~ c ~~
: ~ &:!"
&~!
gg~
c ..
,. ~
,.t::l':_ ~
.~ .217 ~ >
fa ~ ~~,>~o~
-5 ~-o15 0 g'$ 5:'<' <l.
Qi~o~:2~i~~~~
~~~~~Ei: ,~~-.g~
ci ~c ~~.::- 0 ~ ~ ~E "';:
:i: r ~ '; i< ~ " ..;4 ",::
-.,;. (,) oa;..t.. "" :: :;)" c. 0
.~~~~e~~~~~~
~ .~ g ~ ;g .~ ~ ~ E ~ ~
~.. -"'''&.....8(.)
.lZ~.~ ~u., ~ j~'pc
~~"5~;~~~.;(,)&>
GI;.~~$~~o~:~
~..:;..G:l~c=c;l:nQnc.:
c-S!"""'-g.r:.~>
~g&l-!~.C:;'JooS
-;;ib~~~~;o:6-
c..~.s:'_of<J.."::l
,g~~~~t.o~'ao
CQ)( '0'->> c..':t;r:. >-~-
~!.!~1~~E%f~
~.2. - ~ ~'x ~ 8 E - ~
~-r:o(.::GJ""u,,'-1>>
i.e.';:''''~~~O(;c.j
.. ~ : ~ !: _ 0 _ ... ,& u:
t~i2.8g-~ofj~~
,;:,g.s=of,&~Ij';~Cf)
(f.Iao..o""-'~(.JoCI":3"
.3!:i:~~l:E-,,"g,~
~~~t)0~:~~~5~
~.!!'li'.J!!'5"'1""""~
~ :;? i : c .~- !~ e ~ rf)
::1: C,_ lI!-O;;; .."'0:6<<
::: ~ifsf; !!::='OGi N
~ t ~a; ti~; ~ i ~ ':
E1: l:) ~ ~~Sof!l!~
~ 8SE 8 ~ i.:; ~~ Q
"'
'"
3:
'"
1:
..
c
>-
"
Co
~
..
..
B!?
....
f,'"
OC
zt
0;
~
"
:;:
<,:?~
1I~'
.. c-
~, ,
. ~'i
rt r.
; ~
:;;
~~~
:;..0'5 ~
t::; ~'"
C.r. 4- ~
'Oc~.=
~:2= ~
Ci ~ ~~
:;l.o,~ :>
~"E~o.
,~~in
.~ lD"'C3
Ill; r: !::' "'0
,,",:-.~liD
! '" "'{;
~f.EU';
",_.E 1Il
&:"'On:.c
~~:g:c! '~' , .
o tf').. Lo,- '
"'g,S.g 'J" II
15~"Q. , ,-
~ c:<;.," 'I"
c .9.. ~ ~ <'j : l:!
t:~'5"'~\' ~I~
2~Q,C:)()'" ~""
";",,..,11> ~
.-oo_Q.
.r,~"" ~ -
.c Eo - ~
:: '0,' tV J: :: 'r(~-
~ 9. -. ,..; -,~ \ \: ~
;'8~>-r ':.' \
'" "." -c: 0 .
~ - c:>>'- ,,~
ii5i!e~ -
- Q-t; 0..-
Z ~ t) g .~
Q~~:fr!
~~.E~9
g !! 11 ..5? .1 ~ ... 0
~~:>a'E .'i;};:
a:r~ Ei,8 .~~O:J.:o
~.=' ~ i:;; ~~mc:
Q
~
:;
>>
f).
o
'"
.g
6
<'"
't:~
<J '.
~z
j~
-"-
NOIlV3ndclV llWlItld tlsn 1VNOWONOJ
n
"
~
;~
"z
~ U..l ~'
~ ~ !
!I U..l '
il'~, :1
I, II
'[;:;; il
wi
, 0:: i
I~ I
10 i
-Ii
" () i
!i~ !I
"0 Ii
~=~J
vi
o ,5;;
~ ~
wen '0
~.~ co
~i 0
....I "'~
uE lll>.,
<1),,= E =-
oci. ~~
1-;:: ~ 8
z~ ;.~
<(0 >.'-
oc,.o~
~ ~~~ ]
I~c-~g~
g2.2~
~~~~
9-~~~
81i::.9
~~~.3
tr. C (,) ,
~:i.~
~ '.,::;.E ':1)
s:~::.s
i~5~
- ~
'=: 0-
-c
OJ
;;;
(j
'"
;;
;:!
.c
:;l
~
:lJ
<J
~
'~
0;
"'
"'
~
U;
'"
$:J
-c
'"
~
=~
~ c:
(5 t:5
-?:- e
'" c
:e;C:
'U;
~~
~~
;<f
0.-
"'....
~ 8
~=
.c Co
_ Co
" to
-: Q
",-c
~~
~ ;:
.S c-
~.2
.a ~
~ ,~
:::"5
....J ~
~
~
:;;.
-C
::;
;;;
"€
a;
'0
i=
o
o
C'
<
to
""
r.;
~
'"
0:
,..
'"
0..
S!
co
6
(;
z
c
~
.c
E
] E
;:: ~ ~
.... 0 Q
-%vi ~
Q.~ '0
wl.'Cl~
0:: = '"
~,g.5 o~
o :f.'I r.;
-J- ~t;
~~-.S?~8
_~ 0..= - 0)
O'6E~~::
crr.o:>:n.2=
~ ~ ~ s ~~
~~E~-go
OoQ,~3:
~~~i~~
ffi~EE-;~
&%.g8~.Q
0:::: (; C' ::..8
Cl.-:-~~~B
o ~ E g :
~ ~ ~~ ~
~?;oc;.,::
~;iJ21
~. ~ ~ ~vf
,*ee.-EB
~ 0.. 2.~ ~
5~~-1~
u;;3,-
;;
-g
iii
;z
~
~
~
."
"'
~
'~
C
."
'"
~
~~
~ ~
'"
.' c
,.."
;; ~
~.::
:.n .-
~~
g~
:;~
c, ~
~
<J
:> U
to-=
.co.
_c,
'" to
:: c;
.:}=
," .c:
:Jl't::
" 3:-
Cc.
;=
L~
- "
~ '~
'/l~
.J :::::
'Ji
"'
~
;;;
~
~
g.
-:;;
t
"
Q
;~
c
c:.
o
u
'"
.....
o
<:c
~g
~ ~
::: c.:
C ~
~o
C; ~
o.<J
2ro
"-0
'" c.
~ ::;
~~
:D .5
~l'i
u
1:-
-8 _'
,"
~
Q
2-
E
.,
'"
,~
"-
..
..,:
~
c
.~
~
.g.
-;;;
~
iIi
a.
.Q
E
o
c.
o
"
"
...~
00
<:~
~ ',~
'E 5
'" '"
50
0.._
~f
(l) e
.c c
-Co
00.::: C
~ u
E C
-~ ~
u ~
<lJ '"
5~
0;.
C-
C-
o
g
,:5
<!
1)
.::l
OJ
I
vi
.g
,n
Co.
"
2:
u
i
"i
.s..""
c
....:'
.. ,.
HEWETT t/a ARGO OF TIDEWATER
Agenda Item 7
Page 9
Item #7
Norma Diane Payne Hewett t/a Argo of Tidewater
Conditional Use Permit
1763 Princess Anne Road, Suites 101 and 102
District 7
Princess Anne
May 9, 2007
CONSENT
Janice Anderson: The next matter is agenda item 7. That is the application of Norma
Diane Payne Hewett Ua Argo of Tidewater. This is for a Conditional Use Permit for
motor vehicle sales (low speed vehicles) on property located at 1763 Princess Anne Road.
Mr. Bourdon?
Eddie Bourdon: Thank you again, for the record, Eddie Bourdon, a Virginia Beach
attorney representing the applicant. The eight conditions, and there was a condition
added after the informal this morning that this Use Permit is solely for the sale of low
speed vehicles as defined in 46.2-100 of the Code of Virginia, which are the vehicles you
see there (pointing to PowerPoint) which are used throughout Indian River Plantation and
Heron Ridge, and some of the farms down in the southern part of the City. We appreciate
again, being on the consent agenda. The eight conditions are all acceptable.
Janice Anderson: Thank you. Is there any opposition to this matter being placed on the
consent agenda? Seeing none, Al Henley will review this for us.
Al Henley: Thank you. The Conditional Use Permit for motor vehicle sales, low speed
vehicles. The property is located at 1763 Princess Anne Road, Suites 101 and 102. The
applicant requests a Conditional Use Permit for the sales of low speed electric powered
vehicles. The applicant currently sells off road vehicles in their shop located in the
subject suite. But they propose to extend the product line to include low speed vehicles.
The staff recommends approval of this application. This is an existing commercial
location in a defined rural commercial center. The request of this sale of electric low
speed vehicles is in conformance with the policies of the Comprehensive Plan for this
rural commercial node. All the conditions, which are eight conditions, which were
previously stated and therefore, the Planning Commission has placed this item on the
consent agenda. Thank you.
Janice Anderson: Thank you AI. Mr. Chairman, I make a motion for the consent of
agenda item 7.
Barry Knight: There is a motion on the table to approve the consent agenda item. The
motion made by J an Anderson and seconded by Dot Wood. Is there any discussion? I'll
call for the question.
,>,:~lf.a~ !--7
_""B-2 .
~~;'~~6~~
l~'l;~~.l-" "";'::''!f:J},
{I-... ." t.)
U- _";::.
(:~_e _f t )
~~~~;:..~~~:~{f
...................
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Brown Building Corporation for a Modification of Proffers
for a request approved by City Council on July 13, 1993 and modified on June 13,
2000, November 14, 2000 and February 11, 2003. Property is located at 4847
Dolton Drive (GPIN 1477205567). DISTRICT 2 - KEMPSVILLE
MEETING DATE: July 10,2007
. Background:
The Conditional Rezoning from R5-D Residential District to Conditional B-2
Business District was approved by the City Council on July 13, 1993. The
Conditional Rezoning has nine (9) proffers. The Proffer Agreement was
subsequently modified on June 13, 2000, November 14, 2000 and February 11,
2003.
. Considerations:
The applicant now requests replacement of the existing Proffer Agreement with a
new Agreement that will allow the site to be developed with a child care center.
The proposed building will be 70-feet in width and 104-feet in length with a total
of 7,300 square feet in floor area. The proposed building is situated 38-feet from
the front property line, 28-feet from the rear property line, 25-feet from the
eastern (side) property line, and 64-feet from the western (side) property line,
Twenty-four parking spaces are proposed, Landscaping consists of street
frontage plantings, interior parking lot plantings, and building foundation
screening. A triangular-shaped stormwater management pond is proposed on the
western side of the site, and landscape screening is proposed along the eastern
side of the site to buffer the use from adjacent residential. A play area,
surrounded by a vinyl-clad wrought iron style fence, will wrap around the
southern and eastern sides of the proposed building, The building will be a
simple traditional style, with a masonry at the foundation up to the building's
water table, Hardiplank siding, mullioned widows, and a hipped-style roof
covered by asphalt shingles, The proposed facility will operate Monday through
Friday from 6:30 a.m. to 7:00 p,m. and will be staffed by 15 to 20 staff members.
The enrollment is proposed at 170 children.
The Comprehensive Plan recognizes this site to be within the Strategic Growth
Area 4 of the City of Virginia Beach. Mixed uses are recommended for this area,
offering an efficient use of land resources, full use of urban services, detailed
human-scale design and a compatible mix of uses including office, retail, service,
hotel and, where appropriate, residential uses.
Brown Building Corporation
Page 2 of 2
Staff finds the request acceptable. The request complies with the Comprehensive
Plan recommendations for the area, primarily by its introduction to the area of a
use that will be complementary to surrounding uses and that will provide a valued
neighborhood service once the Cornerstone residential community, located on
the opposite side of Dolton Drive is complete,
The Planning Commission placed this item on the consent agenda because the
applicant is replacing the existing proffers to allow for an appropriate use, the use
is consistent with the Comprehensive Plan, and there was no opposition.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request, as proffered.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planuiug Department*--
City Manager:r K ,~~
REQUEST:
BROWN BUILDNG
CORPORATION
Agenda Item 1
June 13, 2007 Public Hearing
Staff Planner: Faith Christie
Modification of Proffers from the Conditional
Change of Zoning from R5-D Residential to
Conditional B-2 Business approved by the City
Council on July 13, 1993, and modified on June 13,
2000, November 14, 2000, and February 11,2003.
ADDRESS I DESCRIPTION: Property located 4847 Dolton Drive
GPIN:
14772055670000
COUNCIL ELECTION DISTRICT:
2 - KEMPSVILLE
SITE SIZE:
0.8270 acre (36,024 square feet)
The Conditional Rezoning from R5-D Residential District to
Conditional B-2 Business District was approved by the City
Council on July 13, 1993. The Conditional Rezoning has nine (9) proffers:
SUMMARY OF REQUEST
1. Lighting on the property shall be directed inward and not toward surrounding properties.
2. The following uses shall not be permitted on the Property or any improvements constructed
thereon: animal hospitals, veterinary establishments, commercial kennels, automobile sales or
repairs, automobile service stations, boat sales, borrow pits, bulk storage yards, bulk storage of
hazardous chemicals or materials, commercial parking lots or garages or auto storage, child care
and child education centers, drug stores, beauty shops and barber shops, eating and drinking
establishments with drive-through windows, funeral homes, grocery stores, liquor stores, mini-
warehouses, nightclubs, bars, taverns, dance halls.
3. The illustrative plan submitted to the Department of Planning with this Agreement (the "Plan") is
incorporated herein by reference and forms a part of this Agreement. The front fayade of the
structure will be consistent with and substantially similar to the fayade of the adjoining structure
located at 4857 Dolton Drive, in terms of mansard design, color, and type of materials used.
Notwithstanding the foregoing, the Grantor reserves the right to substitute exterior insulation
finish system, commonly know as "Dryvit" in place of split rib block as shown on the illustrative
plan. If the Grantor utilizes Dryvit in place of the split rib block, as shown on the illustrative plan,
the Dryvit will be consistent in color with the exterior fayade of 4857 Dolton Drive.
BROWN BUILDING CORPORATION
Agenda Item 1
Page 1
4. The Grantor, will to the best of his ability preserve the twenty-four inch willow oak tree (the "Tree")
located in the center of the property as shown on the Plan. At the time of execution of the
Agreement, circumstances appear to indicate the Tree may be diseased. The Grantor shall retain
a professional arborist to determine the condition of the Tree. If the arborist determines that the
Tree is not diseased and can be preserved, the Grantor will to the best of his ability preserve the
Tree. In the event that the arborist determines that the Tree is diseased or that it should be
removed. Then the Grantor shall remove the Tree and install in the same location a willow oak of
four (4) inches.
5. Landscaping of the Property shall be in accordance with the landscaping depicted on the Plan
and the dumpster pad will be located in the southwest corner of the Property as shown on the
Plan and shall be shielded with a wood screen.
6. All garage and storage doors will be located on the rear of the proposed building.
7. Category IV landscaping shall be installed on the northeast side of the Property as depicted on
the Plan.
8. There shall be one access point form the Property to Dolton Drive, which shall be located at the
northeast corner of the Property as shown on the Plan.
9. The site plan and construction plans for the proposed improvements on the Property shall adhere
to and be consistent with the Plan.
The Proffer Agreement was modified on June 13, 2000:
1. Proffer Three was modified to - The illustrative plan submitted to the Department of Planning with
this Agreement (the "Plan") as prepared by boundary First, P.C. and dated February 28,2000 is
incorporated herein by reference and forms a part of this Agreement which has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning.
2. Proffer Eight was modified to - There shall be one access point form the Property to Dolton Drive
which shall be located at the northwest corner of the Property as shown on the Plan.
3. Proffers Four and Five were removed.
The Proffer Agreement was modified on November 14,2000:
1. Proffer Three was modified to - The illustrative plan submitted to the Department of Planning with
this Agreement (the "Plan") as prepared by boundary First, P.C. and dated August 15, 2000 is
incorporated herein by reference and forms a part of this Agreement which has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning.
2. Proffer Six was modified to - All garage and storage doors will be located on the west side of the
proposed building.
The Proffer Agreement was modified on February 11, 2003:
1. Proffer Three was modified to - The illustrative plan submitted to the Department of Planning with
this Agreement (the "Plan") as prepared by boundary First, P.C. and dated September 12, 2002 is
incorporated herein by reference and forms a part of this Agreement which has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning.
BROWN BUILDING CORPORATION
Agenda Item 1
Page 2
The applicant now requests replacement of the existing Proffer Agreement with the following Agreement:
1 . Lighting on the property shall be directed inward and not toward surrounding properties.
2. The following uses shall not be permitted on the Property or any improvements constructed
thereon: animal hospitals, veterinary establishments, commercial kennels, automobile sales or
repairs, automobile service stations, boat sales, borrow pits, bulk storage yards, bulk storage of
hazardous chemicals or materials, commercial parking lots or garages or auto storage, drug
stores, beauty shops and barber shops, eating and drinking establishments with drive-through
windows, funeral homes, grocery stores, liquor stores, mini-warehouses, nightclubs, bars,
taverns, dance halls.
3. When the Property is developed, it shall be developed substantially in conformance with that
exhibit entitled, "PRELIMINARY LAYOUT PLAN FOR DRS DEVELOPMENT DAY CARE
FACILITY", dated 02-14-07, prepared by S.IA (the "Site Plan"), and the building and
improvements will have the architectural features and appearance substantially as depicted on
the exhibit entitled, "DRS DEVELOPMENT PROPOSED DAY CARE CENTER', prepared by EYG
Architects, P.C. (the "Architectural Rendering"). The Site Plan and Architectural Rendering have
been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach
Department of Planning.
4, Category IV landscaping shall be installed on the northeast side of the property as required by the
landscape ordinance.
5. The conditions set forth herein supersede all conditions contained in the previous Proffer
Agreements between the parties hereinabove recited.
6. The Grantor covenants and agrees that:
a. 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 non-compliance 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 proceedings.
b. Failure to meet all conditions and restrictions shall constitute cause to deny the issuance
of any required building or occupancy permits as may be appropriate.
c. If aggrieved by any decision of the Zoning Administrator made pursuant to these
provisions, the Grantor shall petition the governing body of the Grantee for the review of
such decision prior to instituting proceedings in court.
d. Further conditions may be required during detailed Site Plan review and administration of
applicable City codes by all cognizant City agencies and departments to meet all the
applicable City code requirements.
e. The Zoning Map shall show, by an appropriate symbol on the map, the existence of
conditions attaching to the zoning of the Property on the map and that the ordinance and
the conditions may be readily available and accessible for publiC inspection at the office
of the Zoning Administrator and in the Planning Department and that they shall be
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
and indexed in the name of the Grantor and the Grantee.
Since the applicant now proposes a child day care education facility and must modify the existing proffer
agreement to allow the use, and the site and building designs. The proposed facility will operate Monday
BROWN BUILDING CORPORATION
Agenda Item 1
Page 3
through Friday from 6:30 a.m. to 7:00 p.m, and will be staffed by 15 to 20 staff members, The enrollment
is proposed at 170 children.
The proposed building will be 70-feet in width and 104-feet in length with a total of 7,300 square feet in
floor area. The proposed building is situated 38-feet from the front property line, 28-feet from the rear
property line, 25-feet from the eastern (side) property line, and 64-feet from the western (side) property
line. Twenty-four parking spaces are proposed. Landscaping consists of street frontage plantings, interior
parking lot plantings, and building foundation screening. A triangular-shaped storm water management
pond is proposed on the western side of the site, and landscape screening is proposed along the eastern
side of the site to buffer the use from adjacent residential. A play area, surrounded by a vinyl-clad
wrought iron style fence, will wrap around the southern and eastern sides of the proposed building. The
building will be a simple traditional style, with a masonry at the foundation up to the building's water table,
Hardiplank siding, mullioned widows, and a hipped-style roof covered by asphalt shingles.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped site - vehicles have been parking on the site.
SURROUNDING LAND
USE AND ZONING:
North:
· Dolton Drive
· Across Dolton Drive is the Cornerstone residential development
(under construction) / Conditional A-24 Apartment with a PD-H2
Planned Development Overlay
· Woods /1-1 Light Industrial
· Duplex (under construction) / R5-D Residential
· Office and storage I B-2 Business
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is partially wooded and located within a Chesapeake Bay Area
Resource Management Area. There are no 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.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Dolton
Drive in front of this application is a two-lane undivided local street. A Capital Improvement Program
project is slated for this area. The Pembroke Area Comprehensive Transportation Plan (CIP 2-238) is
ongoing and involves a transportation study for the Central Business District surrounding Town Center,
This study will develop short-term, mid-term, and long-term alternatives for transportation needs in the
area. As part of the long-term improvements, there are currently several conceptual alignments that
utilize a portion of Bonney Road for a new roadway that bypasses around the Independence Boulevard
BROWN BUILDING CORPORATION
Agenda Item 1
Page 4
AERIAL OF SITE LOCATION
HAC PROPERTIES, LLC
Agenda Item 6
Page 5
~------
r-
I
~/l
~- ;
C'n' (F {~~~[.\ EE"':N ....---~ :
ll!.. CA,~. ~C _~
i~~~l~ ~-"'--
,..,\~
"''''t.<!>-~
-
~
]
I..
'.~' ':1~, .,
;. I
i
J
~~.
!'AAC!l. 8-2
~ IG-fl..........
i
i
I
I
I
i
1,
II
fl"'5
..
~ .!
r
~i
Ei~ If#
5t .
}--f ~~
'i ~~~L1
~ l-'Sif, aR. ~
omcf,.?" '<UN. ~
i
I
~
f
}
?RfNCES~../~~~Ql,D (50')
SITE LAYOUT
HAC PROPERTIES,LLC
Agenda Item 6
Page 6
Mab K-14
Md NOt to Scale
--'----~-
D
075
AG-2
29A.
00 ~-2
c
o
i
/
i
I
!
o
c:?
!
i
!
/
j
i
I
/
JOB
AG-2
00'
1 06/22/04 Granted
Granted
2 10/14/03 Granted
3 07/07/92 Granted
4 08/14/90 Granted
5 12/19/88 Granted
ZONING HISTORY
HAC PROPERTIES, LLC
Agenda Item 6
Page 7
NOI1VJI1ddV SNOI1IUNOJ ~O NOI1VJldIUOW'
~I'
!:2 '
, UJ ~
I: ~ I
il~ I
pli9
') ()
I(f)
15
I. I
, !I
.! II
L.J
n', ,I!
I :1
ji
I I
I 1
I ,
I
If-
Z
, UJ,
1:2
I~
;::
if)
w
a:::
:J'
if) ,I
g'l
() "
(f) Ii
@j
o~
Q) '=
0.'=
"' "
~~
.~ rc
t]C'.l
~~.S2
"' _ '0
a> 0 :::
u 'Il ~
~ ~ eIl-
Q) '0 Q)
rJl"> .~
" 0 :>
'E Q. C3
:> Q) "'
0_0>
U1Q.=C
~==2-E
~~115
O~E~
..J;...;;:; .
t.)('j0'''''
!:!?:::.:8
o ~ :; '~
..J=..oo
~ :g ~~
o ~ .g ,~
;:: 0 ~ c
a .~ ~ .~ ~
~.ca>:~
" ~ 8 ~
~ ~.~ ~
u 2i fA~
~5.*]j
o"O~..:::
u"*~~
::m~~
~::."'-
.x ~ vj ~
..... 00
: ~ ~.~
.J,g~~
u
ci
~c.i
.5...;
",,-'
c <Ii
OJ 8
~.~
- "
:<r.o
-E~
::: :>
" '=
:I)<i}
~~
~~
0;
.g
'"
::;;
~.
1';:
"
0.
:;
U
<t
to:
CJ
.c
~
u
-'
-'
vi
'"
t
"
0.
o
:l:
u
<t
I
"
r,} :5 .......
c: _ 0
00_
- .~
~~g
~~{)
.;~~
~ ~ E
_roC:
~=~
0."0
EO~
~Ect
~ f3
Va1~
.;; ti1 ~
~ 8.:5
ro"'(j)
E ~ g
'0. ~ CIj
;: 1/1.
~ ~ g~
00':.=0
s~~;;;;
~.~ 5~
.... '"0 U em
-6.f: ~ \)
~~=E8
-- c:
~~~~
~:.c ..... -!
d:6~~
'';: 0 V'J
- (O~-
[g'~
.... ,z Q.l
00-
0>'::
N
~
C
"
"'
'"
"
c
E
-g
.N
~~
to ~
o ~
~~
~..::
i~
-:0: "
~s
~~
ro-
g;B
n::l=
-=~
ecru
,so
",.c;
",-
~ -
(1) :;
'~9-
".c;
.c~
~g
- to
~~
~ 2
s ~~c:>
;::; l/l.;ll
~ ~ ~ ";t; :G 8 .~ t5
c.; (/)aJ__CflOC::~C
"E -: ~ ~ g ~ Q) ~ .s ~ ~
~~~~~~~]~~r3
~:::~ ~ Eo'~"O ~-g~
o ~ ~ ::: ~ ~ ~ ~ % .~ g
!j~ ii~~ ii~i
~ -:.s 0 C,l eJ 0 u Q,) <5 ~
~ .g. u; ~ ~ ~ coo ~- ~
~~~~1S~~g~~g
""0- CO~-l.J.c
.~ ~ % 8 ~ .~ g ~ ~ ~ ~
~ ;. ~ ~ 8 ~ ~ ~ E g>~
'* ,~ ~ ..fa a ~ ~ :n ~ ~ ~ c
~ ~ ~ ~ c .S = 2 ~ - ~ '?
< ..0 C'l ,- ~ "0 r;) 2 :: 5: :f N
,~ ~=~2i~==:OgcN
~ea~.~~2*g~:
~gg~g~_cE~15
0.. w 0 :: () ~ tV .5 c...c ()
(;
:i
1:1
.~
.5
vi
"
oS
c
] ~
~ 0 ,Ii
~ 0 8
2: ~ ~
w ~ ~ ~
g5gE o~
~~E. ~~
t3 ~ :.; ~ g
~~~~~~
ffi .~ ~ ~ ~. ~
~::",,s-g,,
o~~~~~
~Ci3.g9-.E-
~~~::(U::
wQ.~8EE
~~o:.g~
o::~~E~u
Q.OIJ:I~~~
g .:: ~ 0 !Ii
~~:,,€C5
~~5(1).e
rJ;~a;E2.
:sa::o..(/j
c;c..o~\l)
~ K~="*
!~~~E
~g~
5,..0 = C)
u (/) 5-,5:
~ 1:' ~ ~
"" ".c;
g__f::.~
~ ~ ~:g
="'5.:;) c.
qJg.&.~
._ C) v:;
~:; q
~ - ~~
~ SlJ.l
C ~.:::
~3{j~
Cic:;;.......
to) Co 0 0
_ 0.- ...
~~~~~
=.- In fa Vl .;~~
~ "5 5 v ~ ~:,"
o _ - -.'t._,'.'r! .
~i:i! \
:5 's ~;;Q ..j
,?; ., ." - 0 \.-'
-:: ... m~.;: -<'i
8g~~2i('I'
- g. ~ =:;; ~~:::--
Z -.!:I U:,S-l,,, L'
o ~ ~~ S? ~~'.1,2
- = ~ "--,, l'"
~ -g 2 IJJ E .~ '),~1
~~~~~g.''<~
1= ~ ~ a -E ct.lg
ffi~-5,~8~ ~~
O_tI'lti.i~=m-(
,
~
c;
~
OJ
c::
E
E
,;:
0:
."
in
0;
c:
1::
to
0.
c:
,2
'"
(;
~g
u_
'" :3
S~
~e:
'" 0
':: "0
",.s;
:= E
68-
~o
" "
0.=
o c::
- :J
0.-
" Q)
.c;
-0
" 0
~ vi
- '"
'" '"
" :::
~ !2i
l515
t
-g
Q
::;
~
1::
"
.9-
G
<~
1: E
Q}~
..o~
- c
~f
~
z
.;
.5
.g
Q:; a:;
"" !:
'0 iii
(; q;
u
~ ~~
L1J ~ _ r:
~.~ _.~ ~
(,f.l,cOlCtl
o .....,~ Kl \0)
d.!~.QE~
5 .i~ ~ ~
,.... Ui -5 -:: '..)
ZQ;\l.l>'!:
<ec-..o-
~~"*-~~
~::: g g ~
~2~~~
~2 ~ <J
~.~ ~"aj
u s.= ,,,.
~ ~g ~
=~~~
1::C)c.c..
~ ~ ~ Q)'
~8.-5~
ltlOtn~
9!g::i's
:: 'E
~~-:-
,~
'"
~
(;
0.
9
'"
g
(;
"
'"
I--
00
~=
"
~.~
C 1i5
'" 0:
U -
= 0
0.."
0-.,
,,-
'" ::;
-= 0
-0.
~ 8
~ ~
~ :;
" ~
B~
o
""
2
E
~~
o ~
- Q)
~~
'!2_
V>
-Q.u,
0~
~s
Q~
0. -
roc
'" l\l
~,g
.c;o.
- 0.
'" <lJ
-= cu
",,s
~~
'" ;:
So.
~ 'i:
.0 ~
- 0
['\i.;:;;
- '"
~~
C"J
o
/1
~
u
i..~
10.
t ~
If
i~
1::=
115
1--=
I~
l"ii
I~
Ui
<
I <"j
j:-:
'0
J -:'
o
. -. -
~~~
~ffl
:~
'It
H
,~
:i
~
~
~
Jj
[
[I .:~
",
NOI!V3I1ddV SNOI!IGNOJ ~O NOIIVJltIIGOW
HAC PROPERTIES, LLC
Agenda Item 6
Page 8
Item #6
HAC Properties, L.L.C.
Modification of Proffers
1763 Princess Anne Road
District 7
Princess Anne
May 9, 2007
CONSENT
Janice Anderson: The next matter is agenda item 6. That is the application of HAC
Properties, L.L.c. This is for Modification of Proffers that were approved by City
Council back on June 22,2004. It is on property located at 1763 Princess Anne Road in
the Princess Anne District. Welcome Mr. Bourdon.
Eddie Bourdon: Thank you Ms. Anderson. Again, for the record, Eddie Bourdon, a
Virginia Beach attorney representing the applicant and the applicant is here this
afternoon. We appreciate your placing this matter on the consent agenda.
Janice Anderson: Thank you. Is there any opposition to this matter being placed on the
consent agenda? Seeing none, the Chairman has asked Don Horsley to review this for us.
Donald Horsley: Thank you very much. The Conditional Rezoning took place in 2004.
It listed five proffers. The applicant has indicated that he would like to change Proffer 3,
which is the proffer that indicates the uses allowed on the property. The request will be
modified to allow motor vehicle sales, retail establishments, laboratories and
establishments for the production and repair of eyeglasses, hearing aids and prosthetics
devices. Currently, the property owner has an existing tenant who wishes to expand his
product line from golf carts to include electric powered low speed vehicles, which is a
four-wheel vehicle that travels between 20 to 25 mph, maximum speed. There are no
objections to this. It has been made very clear that the motor vehicle sales will not allow
any other types of motor vehicles sales, such as used car lots and whatever to be
accomplished. So, the Commission thought it deserved to be on the consent agenda.
Thank you.
Janice Anderson: Thank you Don. Mr. Chairman, I make a motion for the consent of
agenda item 6.
Barry Knight: There is a motion on the table to approve the consent agenda item. The
motion made by J an Anderson and seconded by Dot Wood. Is there any discussion? I'll
call for the question.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON AYE
Item #6
HAC Properties, L.L.c.
Page 2
BERNAS
CRABTREE
HENLEY
HORSLEY
KA TSIAS
KNIGHT
LIV AS
REDMOND
STRANGE
WOOD
AYE
AYE
AYE
AYE
ABSENT
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote by 10-0, the Board has approved item 6 for consent.
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No, DF-6713
DATE: June 12, 2007
TO:
Leslie L. Lilley _ ~l \\
B, Kay WiIS~VV
DEPT: City Attorney
. FROM:
DEPT: City Attorney
RE: Conditional Zoning Application: HAC Properties, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on June 26, 2007. I have reviewed the subject proffer agreement, dated
January 30,2007 and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/als
Enclosure
cc: Kathleen Hassen
PREPARED BY:
~,m SYKIS, IWURDOX
m AtlIRN &. l.IVy, PC
FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS
HAC PROPERTIES, L.L.C., a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 30th day of January, 2007, by and between HAC
PROPERTIES, L.L.C" a Virginia limited liability company, Grantor; and THE CITY OF i
VIRGINIA BEACH, a municipal corporation ofthe Commonwealth of Virginia, Grantee,
WITNESSETH:
WHEREAS, the Grantor is the owner of that certain parcel of property located in
the Princess Anne District of the City of Virginia Beach, Virginia, designated as Parcel "B-
2" containing approximately 3.34 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 Grantor has 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 Zoning Classification of the Property; and
WHEREAS, the Grantor has requested Grantee to permit this modification of the
previously' proffered Covenants, Restrictions and Conditions dated August 26, 2004
(hereinafter "2004 Proffers"), to reflect amendments applicable to the land use plan on the
Property; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
GPIN: 2403-91-6498
1
PREPARED BY:
'"'.13 SYKIS, ;gOURDON,
mil AHIRN &. LIVY, p,c.
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to recognize
the effects of change that will be created by the 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 Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed modification to
the 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 Grantor, its successors, personal representatives, assigns,
grantees, and other successors in title or interest, voluntarily and without any requirement
by or exaction from the Grantee or its governing body and without any element of
compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision
approval, hereby makes the follovving declaration of conditions and restrictions which
shall restrict and govern the physical development, operation, and use of the Property and i
hereby covenants and agrees that tllis declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in interest or title:
1. Proffer number "3" in the 2004 Proffers is amended to read:
3. When the Property is developed, only the following uses will be
permitted:
a)
b)
c)
Business studios, offices and clinics;
Mini-warehouses;
Repair and sales for radio and television and other household
appliances and small business machines;
Motor vehicle sales;
Retail establishments;
Laboratories and establishments for the production and repair
of eye glasses, hearing aids and prosthetic devices.
d)
e)
f)
2
2. All of the terms, conditions, covenants, servitudes and agreements set forth
in the 2004 Proffers recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, as Instrument #200409020140536, save and except, Proffer 3, as
specifically 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 Grantor, its heirs, personal representatives, assigns, tenants, and
other successors in interest or title.
The Grantor further covenants and agrees that:
All references hereinabove to the B-2 Business 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,
PREPARED BY'
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 resolution shall be recorded along vvith
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
~l3 SYKfS. :gOL'RDON,
~1I AJJIRN &. LIvY p.c.
3
PREPARED BY I
".IB SYHS. ~OU!mON.
mll AJltRN & LEVY. P.L
conditions be remedied; and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be ,
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantor shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed
in the names of the Grantor and the Grantee.
4
PREPARED BY'
~m SYKIS, IlOURDON,
mil Al-1IRN &. lIVY, P.c.
WITNESS the following signature and seal:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
Grantor:
HAC Properties, L.L.C" a Virginia limited
liability company
tSEAL)
The foregoing instrument was acknowledged before me this 31st day of January,
2007, by Herbert A. Culpepper, Member of HAC Properties, L.L.C., a Virginia limited
liability company, Grantor.
//1
,) /1 .',;f
AI /!. n. ,
. f . " I ,...,
" I If /~.\ ',,01// r/ /
, ',I /j' I l. I ~ / I
/ \V"'\//,1 -;t "I 'J ' /'; (~r11\~f:;
Notary Public
My Commission Expires: August 31, 2010
5
PREPARED BY
~.m SYKfS, BOURDon
mil A1-ERN &. LIVY, p,c.
EXHIBIT "A"
ALL THAT certain lot, piece or parcel of land, 'With the buildings and improvements
thereon situate, lyiNg'imd 'being in the City of Virginia Beach, Virginia, and being known,
numbered' and designated as ,Parcel B-2, as shown on that certain plat entitled,
"RESUBDlVISION;: .OF PARCEL B, SUBDIVISION OF PROPERTY OF J. W.
WHITEHURST (M;'B,. 62, P, 5bA) AND A PORTION OF PARCEL B, SUBDIVISION OF
PROPERTY OF WILLARD"P. WHITEHURST, et ux (M.B. 124, P. 55) VIRGINIA BEACH,
VIRGINIA'\ dated August 22, 2003, .prepared by Rouse-Sirine Associates, Ltd., which plat
is duly recorded in. the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia as Instrument #200312080203441.
LESS AND EXCEPT the property conveyed to Charlie E. Gray, Jr., et ux, by Deed of
William P. Whitehurst, et ux, dated November 1, 1978 and recorded in the aforesaid
Clerk's Office in Deed Book 1844, at Page 342.
GPIN: 2403-91-6498 (formerly 2403-91-7652)
GPIN: 1494-63-2595 (Part of)
Modificationofproffers/HACProperties/Proffer
6
Mat) K-14
M" NOt to Sc"le
Norma Diane Payne Hewett Va
ARGO of Tidewater
D
OlS
AG-2
,..
o
"'B
~ 0
CUP for Motor Vehicle Sales [Low Speed Vehicles]
I Interstate 264 interchange, heading toward Virginia Beach Boulevard, Although this proposed site will
not be directly impacted by the roadway alignment, Dolton Drive may see an increase in traffic with
vehicles destined for Witchduck Road and points west of Independence Boulevard. It is important to
note, however, that none of the proposed alternatives have been approved to this date and the study is
oingoing.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Dolton Drive 3,000 ADT 1 9,900 ADTt Existing Land Use 2 -
455 ADT
Proposed Land Use 3 -
579 ADT
1 Average Daily Trips no existing traffic counts available for Dolton Drive
2 as defined by typical uses under B-2 zoning
3 as defined by Child Day Care (49 Morning Peak Hour Vehicles I 45 Afternoon Peak Hour Vehicles)
. There are no existing traffic counts available for Dolton Drive. The Traffic Impact Assessment for the
Cornerstone development (dated August 13,2004) estimates an ADT for Dolton Drive in the year
2008 of 3,000 vehicles upon build-out of Cornerstone.
. Right-of-way improvements will be required during Site Plan review and approval. Improvements
include, but are not limited to, pavement widening, curb & gutter, roadway lighting, and sidewalk.
These improvements must follow the City's 30-foot typical roadway section requirements and coincide
with the surrounding proposed developments.
. All entrances must provide a 30-foot throat length, measured from the right-of-way line to the first
internal aisle way or parking space. Since all right-of-way improvements will be completed with the
development of this site, the throat length can be measured from the proposed edge of pavement to
the first internal aisle way or parking space.
. In order to limit the number of vehicular and pedestrian conflicts both on and off site, the eastern
entrance must be limited to a one-way access for exiting vehicles. The entrance must measure
between 18-feet and 22-feet in width.
STORMWATER: The referenced subdivision must develop a stormwater management plan for water quantity
and quality in accordance with the Public Works Specifications and Standards. The area being dedicated for
the proposed stormwater facility (BMP) appears to be minimal in size and may need to be enlarged after the
BMP is designed. It must be recognized that approval of the Preliminary Layout Plan Exhibit as part of this
rezoning does not permit the proposed BMP from being adequately sized to meet the City Storm water
Management requirements.
WATER: This site must connect to City water. There is an existing ten (10)-inch water main along Dolton
Drive.
SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 507 and the sanitary sewer
collection system is required to ensure future flows can be accommodated. There is a ten (10)-inch City gravity
sanitary sewer main along Dolton Drive.
BROWN BUILDING CORPORATION
Agenda Item 1
Page 5
POLICE: A Lighting Plan (Photometric Diagram Plan) should be submitted during detailed site plan review,
Said plan should include the location of all pole-mounted and building-mounted lighting fixtures, and the listing
of lamp type, wattage, and type of fixture. Lighting should overlap and be uniform throughout the parking area.
The plan should include provisions for implementing low-level security lighting for non-business hours,
SCHOOLS:
School populations are not affected by the request, except that the proposed use provides child care and child
education services, thus reducing potential demand on the Public School system to provide such services.
Recommendation:
Staff recommends approval of this
request with the submitted proffers. The proffers are provided below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan recognizes this site to be within the Strategic Growth Area 4 of the City of
Virginia Beach, Mixed uses are recommended for this area, offering an efficient use of land resources, full
use of urban services, detailed human-scale design and a compatible mix of uses including office, retail,
service, hotel and, where appropriate, residential uses.
Evaluation:
Staff finds the request acceptable. The request complies with the Comprehensive Plan recommendations
for the area, primarily by its introduction to the area of a use that will be complementary to surrounding
uses and that will provide a valued neighborhood service once the Cornerstone residential community is
complete.
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:
Lighting on the property shall be directed inward and not toward surrounding properties.
PROFFER 2:
The following uses shall not be permitted on the Property or any improvements constructed thereon: animal
hospitals, veterinary establishments, commercial kennels, automobile sales or repairs, automobile service
stations, boat sales, borrow pits, bulk storage yards, bulk storage of hazardous chemicals or materials,
commercial parking lots or garages or auto storage, drug stores, beauty shops and barber shops, eating and
drinking establishments with drive-through windows, funeral homes, grocery stores, liquor stores, mini-
warehouses, nightclubs, bars, taverns, dance halls.
PROFFER 3:
When the Property is developed, it shall be developed substantially in conformance with that exhibit entitled,
BROWN BUILDING CORPORATION
Agenda Item 1
Page 6
"PRELIMINARY LAYOUT PLAN FOR DRS DEVELOPMENT DAY CARE FACILITY", dated 02-14-07,
prepared by S.I.A. (the "Site Plan"), and the building and improvements will have the architectural features
and appearance substantially as depicted on the exhibit entitled, "DRS DEVELOPMENT PROPOSED DAY
CARE CENTER', prepared by EYG Architects, P.C, (the "Architectural Rendering"). The Site Plan and
Architectural Rendering have been exhibited to the Virginia Beach City Council and are on file with the
Virginia Beach Department of Planning.
PROFFER 4:
Category IV landscaping shall be installed on the northeast side of the property as required by the landscape
ordinance.
PROFFER 5:
The conditions set forth herein supersede all conditions contained in the previous Proffer Agreements
between the parties hereinabove recited,
PROFFER 6:
The Grantor covenants and agrees that:
a. 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 non-compliance 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 proceedings.
b. Failure to meet all conditions and restrictions shall constitute cause to deny the issuance of
any required building or occupancy permits as may be appropriate.
c. If aggrieved by any decision of the Zoning Administrator made pursuant to these provisions,
the Grantor shall petition the governing body of the Grantee for the review of such decision
prior to instituting proceedings in court.
d. Further conditions may be required during detailed Site Plan review and administration of
applicable City codes by all cognizant City agencies and departments to meet all the
applicable City code requirements.
e. The Zoning Map shall show, by an appropriate symbol on the map, the existence of
conditions attaching to the zoning of the Property on the map and that the ordinance and the
conditions may be readily available and accessible for public inspection at the office of the
Zoning Administrator and in the Planning Department and that they shall be recorded in the
. Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the
name of the Grantor and the Grantee.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the
project. The proffers insure the project will be developed in a coordinated manner in terms of vehicular
circulation and parking, landscaping, building design and location, and open space areas. The proffers also
address the type of uses that will not be permitted on the site, thus alleviating any neighborhood concerns.
The City Attorney's Office has reviewed the proffer agreement dated February 27,2007 and found it to be
legally sufficient and in acceptable legal form,
BROWN BUILDING CORPORATION
Agenda Item 1
Page 7
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.
BROWN BUILDING CORPORATION
Agenda Item 1
Page 8
AERIAL OF SITE LOCATION
BROWN BUILDING CORPORATION
Agenda Itsm 1
Page 9
T
. ~
I:
"'"
:,r:!li,
."
..........
PROPOSED SITE.PLAN
BROWN BUILDING CORPORATION
Agenda Item 1
PagE! 1 0
~
T~~. ~
\",I <;;:j~~;
~km~!
t::~'~3~
=;;;i!~
~ ~ <0:
~;;~~~
<:~~;
/'1~i
*,';'
,,-+dJ
,
CX:~
w~
I-C)
zE!:
w>
(,,)-
::r:
WO
cx:~
O<(al
~o~
~>-~
o<(C)
O::oE!:
0... >
I-
Z
w
:i5
Q.
o
...J
W
>
A~
PROPOSED BUILDING ELEVATION
BROWN BUILDING CORPORATION
Agenda Item 1
Page 11
Map E-7
- (~~
,B-2.
'-
"
':..
# Date Description Action
1 02/11/07 Modification of Conditions Approved
11/14/00 Modification of Conditions Approved
09/15/86 Rezoning (R-8 to B-2) Denied
ZONING HISTORY
BROWN BUILDING CORPORATION
Agenda Item 1
Page 12
.....
z
w
:;:
w
.....
<C
:.....
en
w
Ir
:::l
{/)
'0
..,J
()
{/)
o
.....
z
w
~
IJ.J
.....
~
{/)
w
cr:
:::l
en
o
..,J,
U
en
5
t)r:.
~.2
'" '"
<:> Q
~ '~70
~2~
~ ,,-
",_'0
",DC
r..> :,.oj cg
.~ is oi
0, '"0 r:t!
fJ) >.~
~E~
:;: ~~
en e -:: g'
WO.O ';;;
a::'E-C
:::I ~"O ::>
enoS;~
9 ~~ Q
U r::;- ,.;
~:::g8
~:5E~
~ ~ ~~
o ::l~'~
E~:5a-
00.'!:.52:-
~.5<D:~
b ~ 8 ~
Ie ~.~ ~
.g8.~~
ee.!1O
co..", ;.:
8'5li-5
cc;;-s
~4ll\l<
g ~ ~.-::-
~<DCOc.o
~ ;,~,~
;;;=~i!::
~S~~
u
c.:
~
o
...l
..,
E
u~
0.:<:
.C
~!!!o
QJ~'E
:! ~ 5
"61 ~ aJ
c: <: -
woS
.~.~~
'"
g=o
00_
r:; _.~
.,ga3~
3g8
.:2 0._
~~ %
~ c: E
]g~
- ,.
~~g
Ih~-
g ;:;,~
'-g ~ .9
'"5;"%
~ IJ:I ro
~~ ~ .s
~ a. a:I
g~cn
cra~
"0.. iii rJl
:E In'
~~g~
.2 0-== ~
~~a<'{
e ~ E-'~
2:-05 8~
~ .5 ;0)
';ji (; ~.'8
~~go
*e~~
1!i '0 ~ .,.;
~5~~
. 'E 8.!!!
2~e
E':= III
8~E
o 0
~ ~ <; ~
.- . .9- Q .g.:fJ >
c: '" -;;="'<0"';
r._~ ; '0 $! 5 8.~ 29-~
oeo-':':;<<Ic5~~
~~Cl)~:2E~Q<n-r.r,
~E~ii5eE~!.'~~
o.,~e.2!-;S~o ~ gs~=
:c 'E c (.) co g C "0 ~. ;=
~ 0 8~-5 rh ~~.~.;;~
:2 .~ ~ - ~ ~ c ~ ~~:.2
~ ~==i?3":: ~= ~ ~~
~ "~ ~'":'" ~ ~ Q) ii ~ CZ) 8
rea D~C:u...::) c.~ en:g-;::
~~~.~~~ E ,~.~v Q
",o",c::~,;:l-~o~<':lg
ES~ :c~ Q).:I) ~.~ ~
. -=.S~:~5~:5~~
~~ ~ 0 ~ &~~ ::~C)
~ ~~,g,s:o~~ ~ o~
g~~~~8ia~~o
"' >C "6 .-.0 ,C - .1:: ;.... 0 ..J
C5 ,tt) It) ; Q) ,g ~ 'e ..2 a; -0
~ g = ~ 5 ,~ iilE ~-= ~
==c:o~g.....8~'-~
c: .'- '" 0 0 '"
",9- 0; go ~ 1 coo in-
",J:.w--'::_O. Cf.I-rJJ
:S~Qe!g'~g2S:g
,s:;B,5'EcS'i: ~E:::~(/J
"'<:I 8~'-"'~O""
;:o~,g. cEE Ill:;";
.c_r. Cl 0", EQ>Ql
i~;o~o~!~!;S~
i~~-a~~.!: a)~~
.:: 'iij 0 ., l;'- = ,~ g,> c: 0 '7
_"" '_~"Cll",5o.c:N
~;:og>~!::;~=50~-;;N
~ !=~&(t)I>>~4)2C)c.O'l
:ag 4> 2!:a-g,~ ~ g ~ C>
(ij c: ~ CO c:.,'-:: Ql -"""8
Q. 8 0 E 8 ,$ Q = ~.8 U
~~-
t"O :J ::;
;;.o5g'
u :n CT'-
?6.E~~
'Oc:"'r.
;ij.~ =.~
'" ~ a>:o
E'5.~a
.2: g. g, --g
.~ :u "0 "5
~ J: l:.': "C
'- - t'CI Q;l
~ ~ 5?-5
'0::.: -:n
(D -.S: G)
'" 1:.:!< =
~Q~g
o II: ~.....
ug,.E_g
g ~!!2 c.
':::~.Q~o
~~~~~
E 5 8."'"
.E~ O()
c:=CI)M~
';g!;;~
=c~.!;S I
.!ic.---5 .~!
..0.;.. _ ....c; ~~'I
;. 8 ~ ~ ~ d ,b,
:: Q-.c:~ O.~,-, I
~ ~ ~ ~~ ~ ~l
:: .:;- ~ ~~ ~'<J
Oz : : ,~': U,"',. :, ~
.c: 0..0 r. Cl~~ -
;::- ~:J_ C:1,t1O
c("Co2 "'.9'6'.'
c.J c: '0 II> ,.,.
_.9!!2 -:S g'a. >:J~
~ e ~ c:: '-, ~ c
Ii: ~ al ~ ~ i j~
~.:~.~~~~~
C
Ql
-C
'(i;
<ll
0:
c
~
o
~
~~
~~
gs
c::ct
,,.
"
<i
z
~
0:
:1::'
:l~
'0.
C>
'"
CO
..
S
C
.,
:;;.
1~
11
I]
II
,0.
}
l
I
&
15:~
~'&~
~:J
HE
~..o:
.;
~
E
~ Ql
-= E
o :i
o ~
~ :a ~
~.~ ;g ~
=> ~ 00 ~
(/).oc: u
o . ~ ~ ~
.J~oE~
0"''8'''-
~g.-; ~ ~
~~~=u
z::.; tV~..:!
~~~;~
:i~E~"
8:c;8,g~
c(,g.:s]
~.g ~ u
~ ,)3 0; 1i
8~~~
l'D .~C'C ~
.~ .o.~ 1::
c-g~;g,
~~CCtJi
..:: -'- ~ ~
~ 8.= ~
~8:;~
:5'~--'~
-=5....:
{fj
"
';:
l\l
o
~
;i)
,.
'"
~
"
..
't>
'ih
o
a:
;:
o
cD
~
't>
;g
C ~
&2
" '"
" -
Q ~
~~
8.~
0:2
U'"
'"
;;ll~
,,0-
-50
:-=(,)
:l ,-
co>
<:: ,,'
~ ~
o 0
mm
~
'E
'"
'"
'"
o
c:
in
:l
.a
't>
'"
,~
c.:~
t;j~
o~
- Q:l
~<>
.~ ~
~:::
.g~
'"
.l;:
gs
f:3~
c. ---
:~
,. ~
"'''''
r.c.
0-
rn~
50
",r.
,..-
",r.
-f,/).:!:"
0> ~
..5: Co
..".;:
;:1-
.;O~
'iij.2
,~~
....J ~
N
o
<Ii
'"
'"
c:
'~
:J
.Q
~
.g:
'"
Q;
C
~
<')
c.
C
o
..::>
'"
8-
8
<')
t;g
2:';
.~ .~
C,;
"'e>
go
Co..,
~~
.. e
-::~
'Q 8
Q).5
r. c:
.,;:"
u ~
",,,,
r..c:
Uo
o
.;
is
:>
E
:s ..
r. E
~~ rb
,~o 8
a.. Eli ;,;;;
~~ '0
w-5 ;g
a:: (5 ~ '0;>::
~~~ s;;..
11)-' '" '"
oC:E ~:::
-IecSOt':$1Ja
c.J~ c:i..S <: ~
~'6:E~C>C:
c,~ e!g=~
ffi~~.2~~
~i;~-gti
>oo.",~s
0':>,.':-0-
> ~ g -!s::s.
... Q. <':l E '.
a:008S?~
~Q.e-.g..Q
0"=8<:c.8
o::~ g:;u
(LC:ClJC'Oc:-
o .22.~ ~:
~ lP ctI >-....
(,) ~ ~~ ~
~oOQ.i
",>-al2Q.
~S~;en
:!:g-8..c:~
~o.Q:;;~
:::-S;2:.:i.:.
8;.~ ~
~
'E
Il)
.,
'"
Il)
c
'.in
::>
""
..,
.Il)
~
~[
0",
-~ e
,.5!
~;
3~
~.:::
gs
::5<t:
~~
1";)E
:> '"
,. u
lli
_0.
'" '"
-::'"
~=
:;;5
~ ~
.5 a.
~E
.D~
= 0
Q '';::
'"
!!?~
...l~
N
~
ci
:E
e:
o
<:
~
l\l
a.
C
,Q
<=
o
e-c
00
"'.=
ell ~
t; '~
2:~
'" 0
.~~
C to
~8.
t'g
~s:
o c
a=
Ql is
r.r.
';0
00
!m
-" '"
U c
$!'-(j;
u.E
o
.j;~
!H
~.. ~
1 '"
.3
"5
j
l
~
11l
Ii
18
Ii
II
I..
>-
DISCLOSURE STATEMENT
BROWN BUILDING CORPORATION
Agenda Item 1
Page 13
Item # 1
Brown Business Corporation
Modification of Proffers
4847 Dolton Drive
District 2
Kempsville
June 13,2007
CONSENT
Barry Knight: The next item will be the consent items, The Vice Chair will handle this
portion of the agenda.
Janice Anderson: Thank you Mr. Chairman. This afternoon we have six items on the
consent agenda, The first item is agenda item 1. This is the application of Brown
Building Corporation. This is for a Modification of Proffers that were approved by City
Council in February 11, 2003. This is in the Kempsville District. Mr. Bourdon?
Eddie Bourdon: Thank you Ms. Anderson. Again, for the record, Eddie Bourdon, a
Virginia Beach attorney representing the applicant, and we appreciate being on the
consent agenda with this Modification of Proffers,
Janice Anderson: Thank you Mr. Bourdon. Is there any objection to this matter being
placed on the consent agenda? Seeing none, the Chairman has asked Henry Livas to
review this application.
Henry Livas: The applicant now requests replacement of existing proffer agreements
with a new agreement. The major change in the new agreement is to allow the use of the
site for a child care educational facility, The proposed facility will operate Monday-
Friday from 6:30 am to 7:00 pm. The facility will be staffed by 15 to 20 staff members to
support a proposed enrollment of 170 children, Twenty-four parking spaces are also
proposed, Therefore, we recommend approval of this request with the submitted proffers.
Janice Anderson: Thank you Mr. Livas, Mr. Chairman, I have a motion to approve the
following agenda item 1.
Barry Knight: Thank you. There is a motion on the floor, I have a second by Kathy
Katsias, Is there any discussion on this consent agenda from the Commission members?
Okay. I'll call for the question,
AYE 10
NAY 0
ABSO
ABSENT 1
L},:<,,,:.-:-,
ANDERSON
BERNAS
CRABTREE
HENLEY
AYE
AYE
AYE
AYE
Item # 1
Brown Business Corporation
Page 2
HORSLEY
KATSIAS
KNIGHT
LIV AS
REDMOND
STRANGE
WOOD
AYE
AYE
AYE
AYE
AYE
ABSENT
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 1 for consent.
~
L),.,:_.,cc_
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6716
DATE: June 27,2007
TO:
FROM:
Leslie L. Lilley I ~
B. Kay WilSO~
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Brown Building Corporation
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on July 10, 2007. I have reviewed the subject proffer agreement, dated
February 27,2007 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
AMENDED PROFFER AGREEMENT
THIS AGREEMENT made this 27th day of February, 2007, by and between
BROWN BUILDING CORPORATION, a Virginia corporation, hereinafter called
"Grantor"; and the CITY OF VIRGINIA BEACH, a Municipal Corporation of the
Commonwealth of Virginia, hereinafter called "Grantee". The purpose of this agreement is
to modify prior Proffer Agreements between the parties hereto dated January 7, 1993,
April 21, 2000, August 15, 2000 and November 1, 2002,
RECITALS:
R-l The Grantor is the record fee simple owner of the property (the "Property")
located in Kempsville District, City of Virginia Beach, Virginia and described in Exhibit "A"
hereto and incorporated within this Agreement.
R-2 Roda Associates, a Virginia general partnership, ("Roda") predecessor in
title to Grantor, previously initiated an amendment to the zoning map of the City of
Virginia Beach, Virginia, (the "Zoning Map") by petition addressed to the Grantee, so as to
change the zoning classification of the property from R-5D Residential District to
Conditional B-2 Business District. This amendment was made pursuant to the terms of
the zoning ordinance of the City of Virginia Beach, Virginia adopted April 18, 1988, as
amended (the "Zoning Ordinance") and was granted by City Council action on July 13,
1993. In connection with the foregoing, by Agreement dated January 7, 1993, and
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in
Deed Book 3242, at Page 2172, Roda did voluntarily offer, in writing, as part of the zoning
amendment to the Zoning Map with respect to the Property, certain conditions related to
the physical development, operation and use of the Property which was adopted as part of
said amendment to the Zoning Map and made applicable to the Property, These
conditions were to remain in full force and effect until amended by following the
procedures and recording the documents as outlined and required in the Zoning
Ordinance.
PREPARED BY:
(;lIB mESo ROURDON.
mAm:RN &LM.P.C. GPIN: 1477-20-5567
1
PREPARED BY:
53IB svns. ROURDON,
m MlrRN 8. I.M. p,c.
R-3 Grantor previously initiated three(3) modifications to the conditions of the
aforesaid amendment to the Zoning Map referenced in paragraph R-2 above and in
connection with the foregoing, by agreements dated the 1st day of April, 2000, the 15th of
August, 2000, and the 1st day of November, 2002, and recorded in the Clerk's Office
aforesaid in Deed Book 4257, at Page 119; Deed Book 4324, at Page 966; and as
Instrument # 200302270029510, respectively, Grantor voluntarily proffered, in writing,
as part of the modification of the conditions with respect to the Property, certain
conditions related to the physical development, operation and use of the Property which
were adopted as part of said modification of the conditions applicable to the Property.
These modified conditions were to continue in full force and effect until amended by the
procedures and recording the documents as outlined and required in the Zoning
Ordinance.
R -4 Grantor has initiated another modification of the conditions referenced in
Paragraphs R-2 and R-3 above in order to change certain conditions that were previously
placed upon the Property in connection with the amendment to the Zoning Map as to the
Property.
R-5 The Grantee's policy is to provide only to the orderly development of land,
for varIOUS purposes, including business purposes, through zoning and other land
development legislation.
R-6 The Grantor acknowledges that competing and sometimes incompatible
uses conflict and that in order to permit different uses on and in the area of the Property
and at the same time to recognize the effect of the changes and the need for various types
of uses, including those listed above, certain reasonable conditions governing the use of
the Property for the protection of the community that are not generally applicable to land
similarly zoned B-2 are needed to cope with the situation which the Grantor's request for
modification of conditions gives rise to.
R-7 The Grantor has voluntarily offered, in writing, in advance of and prior to
the public hearing before the Grantee, as part of the proposed modification of the
conditions previously attached to the amendment to the Zoning Map with respect to the
Property, in addition to the regulations provided for in the existing B-2 zoning district by
the Zoning Ordinance, the following reasonable conditions related to the physical
development, operation and use of the Property to be adopted as part of modification of
the conditions applicable to the Property, which have a reasonable relation to the
2
PREPARED BY:
. SWIS. i90URDON.
AlU:RN &. lIVY. p,c.
modification of the conditions and the need for which is generated by the modification of
the conditions,
R-8 The conditions outlined in this Agreement have been proffered by the
Grantor and allowed and accepted by the Grantee as part of the modification to the
conditions and the Zoning Map, These conditions shall continue in full force and effect
until a subsequent amendment changes the zoning of the Property; provided, however,
that such conditions shall continue despite a subsequent amendment if the subsequent
amendment is part of the comprehensive implementation of a new or substantially revised
zoning ordinance of Grantee, unless, notwithstanding the foregoing, the conditions are
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 instruments; provided further that said instrument is
consented to by the Grantee, in writing, as evidenced by certified copy of the ordinance or
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee advertised pursuant to the provisions of the code of Virginia, Section 15.2-2204,
which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
WITNESSETH:
NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives
and assigns, grantees and other successors in title and interest, voluntarily without any
requirement by or exaction from the Grantee or its governing body and without any
element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby makes the following declaration of amended conditions and
amended restrictions which shall restrict and govern the physical development, operation
and use of the Property and hereby covenants and agrees that this declaration shall
constitute covenants running with the Property, which shall be binding upon the property
and upon all parties and persons claiming under or through the Grantor, its successors,
personal representatives, assigns, grantees, and other successors in interest or title.
1. Lighting on the property shall be directed inward and not toward
surrounding properties.
3
PREPARED BY,
5;JIB SYI(IS. ROURDON,
mil M1illN & 1M. p,c.
2. The following uses shall not be permitted on the Property or any
improvements constructed thereon: animal hospitals, veterinary establishments,
commercial kennels, automobile sales or repairs, automobile service stations, boat sales,
borrow pits, bulk storage yards, bulk storage of hazardous chemicals or materials,
commercial parking lots or garages or auto storage, drug stores, beauty shops and barber
shops, eating and drinking establishments with drive-through windows, funeral homes,
grocery stores, liquor stores, mini-warehouses, nightclubs, bars, taverns, dance halls,
3. When the Property is developed, it shall be developed substantially in
conformance with that exhibit entitled, "PRELIMINARY LAYOUT PLAN FOR DRS
DEVELOPMENT DAY CARE FACILITY", dated 02-14-07, prepared by S.LA. (the "Site
Plan"), and the building and improvements will have the architectural features and
appearance substantially as depicted on the exhibit entitled, "DRS DEVELOPMENT
PROPOSED DAY CARE CENTER", prepared by EYG Architects, P.C. (the "Architectural
Rendering"). The Site Plan and Architectural Rendering have been exhibited to the
Virginia Beach City Council and are on file with the Virginia Beach Department of
Planning.
4. Category IV landscaping shall be installed on the northeast side of the
property as required by the landscape ordinance.
5. The conditions set forth herein supersede all conditions contained in the
previous Proffer Agreements between the parties as hereinabove recited.
6. The Grantor covenants and agrees that:
a, 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 non-compliance 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
proceedings.
b. 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.
4
c, If aggrieved by any decision of the Zoning Administrator made
pursuant to these provisions, the Grantor shall petition the governing
body of Grantee for the review of such decision prior to instituting
proceedings in court.
d. Further conditions may be required 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.
e. The Zoning Map shall show, by an appropriate symbol on the map,
the existence of conditions attaching to the zoning of the Property on
the map and that the ordinance and the conditions may be readily
available and accessible for public inspection at the office of the
Zoning Administrator and in the Planning Department and that they
shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantor
and the Grantee.
PREPARED BY:
13m SYIa:S, :BOURDON,
mil AAmN &. Lffi'. P.c.
5
WITNESS the following signature and seal:
Grantor:
Brown Building Corporation, a Virginia corporation
By: Wk~
:konald K. Brown, President
(SEAL)
STATEOFVIRGINlAj J. ., ~~
CITY/COUNTY of'-''(/crCijf}/ 0- . '':..f , to-wit:
J .
I, .i . ~ J a Notary Public in and for the City and State
aforesaid, do hereby certify th Ronald K. Brown, President of Brown Building
Corporation, a Virginia corporation, whose name as such is signed to the foregoing
instrument bearing date on the 21h day of February, 2007, has acknowledged the same
before me in my said City and State. 1
'-f1-
GNEN under my hand this ~ day of Februa , 2007.
r
J 1/ ~."1rl'\/'OQ7
My Commission Expires: 7 ,/ ~
6
PREPARED BY:
= SYKIS, ~OURDON,
Al-JrnN &. LIVY, P.c.
EXHIBIT "A"
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
thereon, lying, situate and being in the City of Virginia Beach (formerly Princess Anne
County), Virginia, in Kempsville Magisterial District, and being the northeast corner of Lot
Six (6), as shown on the map of A.W. Cornick's Kempsville Subdivision, dated January,
1990, also being known and designated as "Joseph Mosley", as shown on the Map Book
A.W. Cornick's Kempsville Farm, Kempsville Borough, Virginia Beach, Virginia", and is
duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 48, at Page 43 is more particularly bounded and described as
follows:
BEGINNING at a point on the southern line of Eastern Shore Road to Kempsville on the
line between Tracts Four (4) and Six (6) and running thence in a southerly direction along
said dividing lie between the two said tracts one hundred seventy-six (176) feet; thence in a I
westerly direction two hundred nineteen (219) feet; thence in a northerly direction and
parallel to the dividing line between Tracts Four (4) and Six (6) two hundred eighteen
(218) feet to the Eastern Shore Road to Kempsville One hundred sixty (160) feet to the
point of beginning.
LESS AND EXCEPT that property to City of Virginia Beach in Deed Book 2812, at Page
673, dated March 20, 1988; corrected in Deed Book 2896, at Page 376.
GPIN: 1477-20-5567
ModConditionsjBrownBuildingjDoltonDrivejProffer
7
Conditional Zoning Change from AG-2 to 8-4
r~~0'I!?ij2'
\t};~:w
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of AGC Acquisition, L.L.C. for a Chanae of Zonina District
Classification from AG-2 Agricultural District to Conditional 8-4 Mixed Use
District on property located at 1291 Nimmo Parkway (GPIN 2414161683).
DISTRICT 7 - PRINCESS ANNE
MEETING DATE: July 10, 2007
. Background:
The applicant proposes to rezone an existing parcel, zoned AG-2 Agricultural
District, to Conditional B-4 Mixed Use District, and to develop the site with retail
uses and multi-family dwellings. The applicant proposes a retail building of
24,777 square feet and 99 multi-family dwellings.
. Considerations:
The submitted site development plans depict a commercial building fronting
Nimmo Parkway. The proposed building is slightly u-shaped with parking
depicted in a reverse u-shape. Five residential buildings and parking are depicted
behind the commercial building. Three stormwater management facilities are
depicted on the site and will also be used for aesthetic amenities. Landscaping is
shown around the perimeter and within the parking areas on the site. Two access
points are depicted. The western access is proposed as a right in I right out to
mostly serve the residential portion of the site. The eastern access is aligned with
the median break on Nimmo Parkway and will be a full service access serving
mostly the retail portion of the site.
The applicant indicates that the 1.5-acre outparcel will be marketed for a full
service restaurant facility, however that was not proffered as part of the rezoning,
The proposed retail buildings on the site are similar in design to the Courthouse
Marketplace Shopping Center on Nimmo Parkway. The proposed residential
portion of the site is comprised of five buildings. The buildings are 3 to 4 stories
with an overall height of 55-feet, 4-inches. The proposed buildings incorporate a
traditional architectural influence with details from the Colonial style. The overall
building design for both the retail building and the residential buildings provides
an integrated project that will blend well with the surrounding properties.
Staff recommends approval of this request.
The Comprehensive Plan recognizes this site to be within the Primary
Residential Area, Site 4.2 Nimmo Parkway I General Booth Intersection Area.
Proposed development within the Primary Residential Area should focus strongly
AGe Acquisition, L.L.C.
Page 2 of 3
on preserving and protecting the overall character, economic value and aesthetic
quality of the stable neighborhoods located in this area.
Per the recently adopted Memorandum of Understanding (MOU) between the
City and the Navy, City staff, the Navy, and the applicant met and discussed this
application and the fact that the proposed residential use is not compatible within
the 65 to 70 dB Ldn AICUZ. Based on that meeting, the Navy provides the
following comments:
"This property lies within the 65-70 decibel (dB) day-night average (DNL)
sound contour as depicted on the 2005 AICUZlJLUS map. According to
the criteria of the Navy's Air Installations Compatible Use Zones (AICUZ)
Program, the proposed residential development is an incompatible land
use.
However, after meeting to discuss this proposal pursuant to the MOU
(Memorandum of Understanding), the NAS Oceana staff will not disagree
with the Virginia Beach Planning Department staff should they decide that
there exists no reasonable use for this land other than one similar to that
proposed by AGC Acquisitions. That is, a mix of residential and business
uses.
Should the Planning Department staff favorably endorse this project, the
Navy staff recommends that it does so with a recommendation to the
Planning Commission and City Council that the application be granted at
the lowest density that is reasonable. For residential structures, the Navy
also recommends that any approval be granted on the condition of design
and construction compliance with the Virginia Uniform Statewide Building
Code for noise level reduction of at least 25 dB or greater".
Staff finds the request acceptable. The applicant's proposal at the time of the
MOU meeting was for a residential density of 12 units per acre. The lowest
reasonable density for the development was not established at the MOU
meeting, but there was consensus that a density of 12 units per acre was not the
lowest reasonable density.
The applicant subsequently modified the proposed plans to reduce the density to
nine (9) units per acre, The Planning Staff concluded, based on the location of
the site at a major intersection and the character of the surrounding area, that the
lowest reasonable density is the nine (9) units per acre established for the
development on the western corner of this intersection. Such density is also
consistent with a rezoning approved in 1999 for The Crescent Condominiums,
just west of the intersection of General Booth Boulevard and Nimmo Parkway. In
that case, the applicant proffered nine (9) units to the acre. Even though the
Comprehensive Plan recommended neighborhood office uses for that side of
General Booth Boulevard, the project was approved because of the high quality
of site and building design proposed.
AGC Acquisition, L.L.C.
Page 3 of 3
An outstanding issue, however, pertains to the recommendation of the
Comprehensive Plan regarding access to the site. The Plan states "Vehicular
access for the proposed development should be limited to no more than one
point on either Nimmo Parkway or General Booth Boulevard," (p. 106). The
Department of Public WorksfTraffic Engineering notes that the Traffic Impact
Study (TIS) and conceptual site plan submitted with this proposal show two
proposed entrances to the development from Nimmo Parkway. Since Nimmo
Parkway is a Controlled Access roadway, and this is a single parcel, Traffic
Engineering will only allow the easternmost entrance, lined up with the median
break on Nimmo Parkway. Traffic Engineering has determined that the traffic
impacts of eliminating the western access from the proposed plan will not be
significant because right-in I right-out traffic can be accommodated at the eastern
access aligned with the median break. The Planning Commission, however,
approved the plan as proffered, which includes the two access points.
Staff's recommendation of approval, therefore, comes with the caveat that the
applicant must eliminate the western access from Nimmo Parkway.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 8-2 to approve
this request as proffered.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval (with the elimination of one of the access
points on Nimmo Parkway). Planning Commission recommends approval.
Submitting Department/Agency: Planning Departme~
City Manager. J ~ ~
~t~~
~~~~{:7;:'
fa- :/"~"'=,-->. --~?:~~
!g{/:[ 1~:~:~~
~\ \:Z:cy' - ."Y"- 1/; >
~ ~ ').~ ,~;l~',l" . ~1-' ~ J
~.;.,:.,,_ i:"'1!:-'~.L
'1'.p .'>lo,:b.. 'r, /,:~~~:,/- ~b .,
,+ ,:"'.,..i:::-::.." --.'.1.:"- (QY.iJ
S 0 '.-.,....;-,..;.~J.':.. ,,~~ ..J.
\... t: OUR" N,o.1\O ..JA
~..................
DEPARTMENT OF PLANNING
757-385--4621
FAX (757) 385-5667
City e>f "Virginia Beach
VB{!'ov.com
MUNICIPAL CENTER
BUILDING 2. ROOM 115
2405 COURTHOUSE DR.
VIRGINIA BEACH, VA 23456
INTER-OFFICE MEMORANDUM
DATE:
June 14, 2007
TO:
James K. Spore, City Manager
FROM:
Jack Whitney, Interim Director of Planning
SUBJECT: Discretionary Development Applications Considered by Planning
Commission on June 13, 2007 under the City/Navy Memorandum of
Understanding
The Planning Commission, during their June 13, 2007 public hearing, considered one
Discretionary Development Application (DDA) under the provisions of the City/Navy
Memorandum of Understanding. The attached document provides the relevant
information pertaining to that application.
If you or any members of the City Council have any questions, please contact me.
WJW/sjw
Enclosure (1)
c: William Macali, City Attorney's Office
Stephen J. White, Planning
APPLICANT:
AGC ACQUISITION, LLC,
COMMISSION ACTION I COUNCIL
HEARING DATE:
APPROVED I CC on JULY 10, 2007
REQUEST:
Application of AGC Acquisition, L.L.C. for
a Change of Zoning District Classification
from AG-2 Agricultural District to
Conditional B-4 Mixed Use District on
property located at 1291 Nimmo Parkway
(GPIN 2414161683). The Comprehensive
Plan recommends use of this site for neighborhood office and single-family residential
uses. The purpose of this rezoning is to develop a strip retail center and multi-family
dwellings. AICUZ is 65 to 70 dB Ldn. DISTRICT 7 - PRINCESS ANNE
SUMMARY:
The applicant proposes to rezone the existing AG-2 Agricultural District site to
Conditional B-4 Mixed Use District, and to develop the site with retail uses and multi-
family dwellings. The applicant proposes a retail building of 24,777 square feet and 99
multi-family dwellings. A 1.5-acre outparcel is also proposed.
MEMORANDUM OF UNDERSTANDING (MOUl COMMITTEE:
The site is located within the 65 to 70 dB Ldn AICUZ. Residential uses are designated
as 'not compatible' within this AICUZ. Thus, under the terms of the MOU, discussion
between the City and the Navy of the request was required to determine the 'lowest
reasonable density: for this site. On March 29,2007, the MOU Committee, consisting of
City Attorney Office staff (Bill Macali), Planning Department staff (Jack Whitney, Karen
Lasley, Stephen White, and the staff assigned to the application), and NAS Oceana
staff (John Lauterbach, Bobby Rountree, and Ray Firenze), met and discussed the
above-referenced application under the terms of the MOU.
At the MOU meeting, representatives of AGC Acquisition were present to summarize
the proposal and answer any questions. The existing site is currently zoned AG-2
Agriculture and has been used for agricultural uses for many years. The existing use is
a garden and landscape plant nursery retail operation. The MOU Committee noted that
the existing zoning is not reasonable and also noted that the immediate surrounding
area is a mix of retail, office, and residential uses, with the residential uses ranging from
R-20 Residential single-family lots located to the southeast to multi-family dwellings at
nine (9) units per acre located to the west. After considerable discussion, the committee
determined that a development of both non-residential and residential units for the site
is acceptable, but the number of units should be at the lowest reasonable density. The
applicant's proposal at the time of the MOU meeting was for a residential density of 12
units per acre. The lowest reasonable density for the development was not established
at the MOU meeting, but there was consensus that a density of 12 units per acre was
not the lowest reasonable density.
The applicant subsequently modified the proposed plans to reduce the density to nine
(9) units per acre. The Planning Staff concluded, based on the location of the site at a
major intersection and the character of the surrounding area, that the lowest reasonable
density is the nine (9) units per acre established for the development on the western
corner of this intersection.
The Navy's written position and recommendations provided to staff after the MOU
meeting are as follows:
''This property lies within the 65-70 decibel (dB) day-night average (DNL) sound
contour as depicted on the 2005 AICUZlJLUS map. According to the criteria of
the Navy's Air Installations Compatible Use Zones (AICUZ) Program, the
proposed residential development is an incompatible land use.
However, after meeting to discuss this proposal pursuant to the MOU
(Memorandum of Understanding), the NAS Oceana staff will not disagree with
the Virginia Beach Planning Department staff should they decide that there exists
no reasonable use for this land other than one similar to that proposed by AGC
Acquisitions. That is, a mix of residential and business uses.
Should the Planning Department staff favorably endorse this project, the Navy
staff recommends that it does so with a recommendation to the Planning
Commission and City Council that the application be granted at the lowest
density that is reasonable. For residential structures, the Navy also recommends
that any approval be granted on the condition of design and construction
compliance with the Virginia Uniform Statewide Building Code for noise level
reduction of at least 25 dB or greater".
PLANNING COMMISSION ACTION:
The Planning Commission approved the Change of Zoning as proffered for a mixed-use
development including a multi-family residential component at a density of nine (9) units
per acre.
AGC ACQUISITION,
LLC
Agenda Item 18
June 13, 2007 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Chanae of Zonina District Classification from
AG-2 Agricultural District to Conditional
8-4 Mixed Use District.
Conditional Zoning Change from AG~2 LO B-4
ADDRESS I DESCRIPTION: Property located at 1291 Nimmo Parkway
GPIN:
24141616830000
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
10.28 acres
APPLICATION HISTORY: This application was deferred at the May 9 public hearing at the request of the
applicant.
SUMMARY OF REQUEST
The applicant proposes to rezone the existing AG-2
Agricultural District to Conditional 8-4 Mixed Use District, and develop the site with retail uses and multi-
family dwellings. The applicant proposes a retail building of 24,777 square feet and 99 multi-family
dwellings.
The submitted site development plans depict a commercial building fronting Nimmo Parkway. The
proposed building is slightly u-shaped with parking depicted in a reverse u-shape. Five residential
buildings and parking are depicted behind the commercial building, Three stormwater management
facilities are depicted on the site and will also be used for aesthetic amenities. Landscaping is shown
around the perimeter and within the parking areas on the site. Two access points are depicted. The
western access is proposed as a right in I right out to mostly serve the residential portion of the site. The
eastern access is aligned with the median break on Nimmo Parkway and will be a full service access
serving mostly the retail portion of the site.
The applicant indicates that the 1.5-acre outparcel will be marketed for a full service restaurant facility,
however that was not proffered as part of the rezoning.
AGe ACQUISITION
Agenda Item 18
Page 1
The proposed retail buildings on the site are similar in design to the Courthouse Marketplace Shopping
Center on Nimmo Parkway. The proposed residential portion of the site is comprised of five buildings.
The buildings are 3 to 4 stories with an overall height of 55-feet, 4-inches. The proposed buildings
incorporate a traditional architectural influence with details from the Colonial style. The overall building
design for both the retail building and the residential buildings provides an integrated project that will
blend well with the surrounding properties.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Atlantic Garden Center occupies the site.
SURROUNDING LAND
USE AND ZONING:
North:
· Nimmo Parkway
· Across Nimmo Parkway is the Hickman homestead, currently in
the rezoning process to develop the site with a shopping center
· Single-family dwelling / R-20 Residential
· A church and single-family dwellings / R-20 Residential
· Offices / 0-1 Office
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no natural resources or cultural features associated with the
site.
AICUZ:
The site is in an AICUZ of 65-70 dB Ldn surrounding NAS Oceana.
There are additional comments and discussion pertaining to the AICUZ
in the Evaluation and Recommendation section of this report.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): General
Booth Boulevard in front of this site is currently a four-lane divided minor urban arterial. This section of
General Booth Boulevard is not included in the current City Capital Improvement Plan.
Nimmo Parkway is currently a four-lane divided major urban arterial roadway. Nimmo Parkway is
classified as a controlled access roadway. Currently no roadway improvements projects are proposed
for this section of Nimmo Parkway. Nimmo Parkway from Upton Drive through Lagomar is currently
under construction (CIP 2-151). Nimmo Parkway connecting General Booth Boulevard to Holland Road
is anticipated to begin construction in 2009/10 (CIP 2.121).
AGe ACQUISITION
Agenda Item 18
Page 2
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Nimmo Parkway 11,800 ADT 1 36,900 ADT 1 Existing Land Use L._
1,000 ADT
General Booth 36,100 ADT 1 32,700 ADT 1 Proposed Land Use 3 -
Boulevard 2,689 ADT
Average Dally Trips
2 as defined by garden center on 10 acres of land
3 as defined by 121 multi-family, 24,977 sq. ft. retail, 6,500 sq. ft. restaurant
Traffic Engineering substantially agrees with the Traffic Impact Study (TIS) for The Atlantic Garden
Center, dated April 2007, and is approving the Recommendations of the TIS with the following
comments! exceptions:
1. The TIS and conceptual site plan show two proposed entrances to the development from
Nimmo Parkway. Because Nimmo Parkway is a Controlled Access roadway, and this is a single
parcel, Traffic Engineering will only allow the entrance labeled as Driveway B, the eastern
access aligned with the median break. Therefore, Recommendation 11,1 regarding the
Driveway A, the western access, is not accepted.
2. Traffic Engineering has determined that the traffic impacts of eliminating the western access,
from the proposed plan will not be significant because of the right-in! right-out traffic that can be
accommodated at the eastern access aligned with the median break. Because they are all right
turns, this additional traffic at the eastern access will not affect the signal warrants analysis or
un-signalized analysis of this intersection.
The following comments are provided based on Traffic Engineering's review of the preliminary site plan
for the Atlantic Garden Center development.
3. A one-foot no ingress-egress easement will be required for the proposed restaurant out parcel
at the Nimmo Parkway and General Booth Boulevard intersection. No entrances to either of
these roadways will be granted for the out parcel. A cross access easement will be required on
the residential! retail site to allow access to the out parcel from the three entrances shown on
the preliminary site plan.
4. A Traffic Signal Bond will be required at the construction plan approval stage for the
developments portion of the cost for a potential traffic signal to serve this development. The
bond amounts will be determined at a later date and will be based upon the data presented in
the TIS.
5. Traffic Engineering reserves the right to make additional comments regarding the locations and
lengths of the proposed turn lanes and entrances on Nimmo Parkway when the development
construction plans are submitted to the DSC for review and approval.
WATER: This site must connect to City water. There are 12-inch and 16-inch City water mains in Nimmo
Parkway in front of the site, and a 16-inch city water main in General Booth Boulevard in front of the site.
SEWER: There is a 42-inch Hampton Roads Sanitary District force main in Nimmo Parkway and a six-inch
,
City force main in General Booth Parkway fronting the site. The six-inch City force main in General Bo~h
Boulevard is at capacity. No City gravity sanitary sewer is available to this site. A public pump station may be
AGC ACQUISITION
Agenda Item 18
Page 3
required with the development.
STORMWATER MANAGEMENT: The referenced subdivision must develop a stormwater management plan
for water quantity and quality in accordance with the Public Works Specifications and Standards. The
dedicated area for the proposed stormwater management facility appears to be minimal in size and may need
to be enlarged after the proposed storm water management plan for the proposed development is designed.
Public or private easements will need to be provided over the on-site portion of the existing drainage ditch
located along the eastern property line. Offsite storm water runoff enters this existing ditch. Furthermore the
proposed BMP will most likely outfall directly into this existing ditch. The recorded maintenance easement for
the proposed stormwater management facility will need to define the maintenance responsibilities for the
stormwater management facility by each of the proposed on-site parcel users of the stormwater management
facility.
SCHOOLS:
School Current Capacity Generation 1 Change 2
Enrollment
Three Oaks Elementary 592 780 17 17
Princess Anne Middle 1,514 1,275 9 9
Kellam High 2,078 1,832 13 13
" "
generation represents the number of students that the development Will add to the school
2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The
number can be positive (additional students) or negative (fewer students).
Recommendation:
Staff recommends approval of this
request.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan recognizes this site to be within the Primary Residential Area, Site 4.2 Nimmo
Parkway I General Booth Intersection Area. Proposed development within the Primary Residential Area
should focus strongly on preserving and protecting the overall character, economic value and aesthetic
quality of the stable neighborhoods located in this area.
The Comprehensive Plan addresses proposed development for this site with the following:
"The tract on the southeast corner of Nimmo Parkway and General Booth Boulevard is planned for
neighborhood office use for parcels along General Booth Boulevard and single-family residential use
behind the office use at densities compatible with the existing residential development in this area, If
possible, roadways serving the proposed single-family development should connect to the existing single-
family area to the east, (p. 106),"
AICUZ:
Per the recently adopted Memorandum of Understanding (MOU) between the City and the Navy, City
staff, the Navy, and the applicant met and discussed this application and the fact that the proposed
AGC ACQUISITION
Agenda Item 18
Page 4
residential use is not compatible within the 65 to 70 dB Ldn AICUZ, Based on that meeting, the Navy
provides the following comments:
"This property lies within the 65-70 decibel (dB) day-night average (DNL) sound contour as
depicted on the 2005 AICUZlJLUS map, According to the criteria of the Navy's Air Installations
Compatible Use Zones (AICUZ) Program, the proposed residential development is an
incompatible land use.
However, after meeting to discuss this proposal pursuant to the MOU (Memorandum of
Understanding), the NAS Oceana staff will not disagree with the Virginia Beach Planning
Department staff should they decide that there exists no reasonable use for this land other than
one similar to that proposed by AGC Acquisitions. That is, a mix of residential and business uses.
Should the Planning Department staff favorably endorse this project, the Navy staff recommends
that it does so with a recommendation to the Planning Commission and City Council that the
application be granted at the lowest density that is reasonable. For residential structures, the
Navy also recommends that any approval be granted on the condition of design and construction
compliance with the Virginia Uniform Statewide Building Code for noise level reduction of at least
25 dB or greater".
Evaluation:
Staff finds the request acceptable. While the Comprehensive Plan calls for single-family development
behind office uses for this site, the introduction of a multi-family component between the existing low-
intensity office uses and the proposed retail uses could provide an appropriate buffer for the existing
single-family dwellings to the east. A rezoning was approved in 1999 for The Crescent Condominiums,
just west of the intersection of General Booth Boulevard and Nimmo Parkway. In that case, the applicant
proffered nine (9) units to the acre. Even though the Comprehensive Plan recommended neighborhood
office uses for that side of General Booth Boulevard, the project was approved because of the high
quality of site and building design proposed. The applicant redesigned the project to conform to previous
recommendations of nine (9) dwelling units to the acre. The applicant also redesigned the commercial
and residential buildings to be more in keeping with the overall architectural theme emerging in the area.
The Comprehensive Plan also states "Vehicular access for the proposed development should be limited
to no more than one point on either Nimmo Parkway or General Booth Boulevard,. (p. 106). Traffic
Engineering notes that the Traffic Impact Study (TIS) and conceptual site plan show two proposed
entrances to the development from Nimmo Parkway. Since Nimmo Parkway is a Controlled Access
roadway, and this is a single parcel, Traffic Engineering will only allow the easternmost entrance, lined up
with the median break on Nimmo Parkway.
Since the adoption of the 2003 Comprehensive Plan, the Joint Land Use Study (JLUS) and the Base Re-
Alignment Commission (BRAC) hearings have occurred, impacting how properties such as this are
evaluated for zoning changes. Based on the MOU meeting with the Navy, the land use character of the
surrounding area, and evaluation of the proposal against all of the relevant provisions of the
Comprehensive Plan, staff concludes that the proposal is now proffered at what is the lowest reasonable
density.
However, staff is still concerned with the applicant's desire to retain the two entrances to the site from
Nimmo Parkway. As previously stated, Nimmo Parkway is a Controlled Access right-of-way. It is vitally
important we protect the integrity of the roadway by preventing unnecessary access to parcels. Traffic
AGC ACQUISITION
Agenda Item 18
Page 5
Engineering has determined that the traffic impacts of eliminating the western access from the proposed
plan will not be significant because right-in I right-out traffic can be accommodated at the eastern access
aligned with the median break.
Staff's recommendation of approval, therefore, comes with the caveat that the applicant must eliminate
the western access from Nimmo Parkway.
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,"
(9107(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:
The development of the Property shall be in substantial conformance with the site plan titled "Atlantic
Gardens", last revised May 10, 2007, prepared by Jeff Love and Associates, which plan has been exhibited
to the City Council and is on file with the Planning Department of the City of Virginia Beach (the "Site Plan").
PROFFER 2:
The buildings constructed on the Property shall be constructed in substantial conformance with the building
elevations titled "Atlantic Gardens Center Proposed Retail Center", "Atlantic Gardens Center Revised
Design" dated May 10,2007, prepared by Jeff Love and Associates, which elevations have been exhibited
to the City Council and are on file with the Planning Department of the City of Virginia Beach (the "Building
Elevations").
PROFFER 3:
The number of residential units developed on the Property shall not exceed ninety-nine (99) units, in
compliance with the recommendation of the City of Virginia Beach Planning Staff.
PROFFER 4:
No gas station or convenience store shall be located on the Property.
PROFFER 5:
The Grantors shall install and maintain a solid privacy fence, constructed of materials of the Grantors'
choosing, along the southern boundary of the property immediately adjacent to the neighboring parcel
identified by GPIN 2414-06-8108.
STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance
with the submitted preliminary site and elevation plan. The proffers also define the number of proposed
dwelling units and delete any proposals for gasoline stations in conjunction with convenience stores, The
submitted preliminary site plan depicts a coordinated development of the site in terms of design,
landscaping, parking layout, and traffic control and circulation within the site. The submitted preliminary
elevation plan depicts buildings that are complementary to existing buildings in the area. These proffers,
however, are acceptable only if the applicant eliminates the western access (Driveway A on the plans) from
Nimmo Parkway.
AGe ACQUISITION
Agenda Item 18
Page 6
The City Attorney's Office has reviewed the proffer agreement dated May 25,2007, 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.
AGC ACQUISITION
Agenda Item 18
Page 7
AERIAL OF SITE LOCATION
AGC ACQUISITION
Agenda Iten'l18
Page 8
1I~f~lmllii~~m~t~~~~i~ili~~ijif:[~~~~1~~1~i~~;l~i1f$~~mfJ~~1~~~1tt~l%r='
. ..' .... ,...u. , . u" . ...
. ~~~:
',:'
AG9'~CQU1Sillt,pN..
::A.-gendaltE1~~:,~8
:;Bage;9
'.. ......::::-.. .:::.:..':..:..:....
PROPOSED SITiS-P(A:N::,
.....,..
~
::i
;:;-
:e
5
7-
z
,,;!i;
.::;;::~
~ZU5
.g~..:
'."::~~
~~~.~
.t~"Z~~
Yt:"W....o
!;;l~~
~~~~..~
==
t=.I)
"i1"'llC
rIJ
l>>
"=
~
l>>
rIJ
.1"'llC
~
e
a..
~
~
\,)
~
~
~
~
~
.';::
~
..;:
.....
~
PROPOSED BUILDING RENDERING I MULTI-FAMILY DWEL.LINGS
AGC ACQUISITION
Agenda Iterl118
Pa.ge10
PROPOSED BUILDING RENDERI NG I RETAIL
AGC ACQUISITION
Agenda Item .18
Page 11
1. 8/18/86 Rezoning (R-3 Residential to AG-2 Agricultural) and Approved
Conditional Use Permit Retail Sales
2, Pending Rezoning (R-20 Residential to Conditional B-2 Business)
8/25/92 Subdivision Variance
3, 1/28/92 Rezonin R-20 Residential to Conditional 0-1 Office
4. 8/8/95 Rezonin R-20 Residential to Conditional 0-1 Office
5. 11/23/93 Rezonin R-20 Residential to Conditional 0-1 Office
6. 5/25/99 Rezoning (AG-1 and AG-2 Agricultural and R-20
Residential to Conditional 0-1 Office) and Rezoning (AG-1
and AG-2 Agricultural and R-20 Residential to Conditional
A-18 A artment
7. 6/25/90 Conditional Use Permit Church Addition A roved
AGC ACQUISITION
Agenda Item 18
Page 12
4/25/88 Street Closure Approved
8. 10/23/89 Reconsideration of Conditions (R-3 Residential to 0-1 Approved
Office - approved 1/27/86) and Rezoning (R-20
Residential to 0-1 Office)
9. 10/12/04 Conditional Use Permit (Expansion) Approved
8/11/98 Conditional Use Permit (School) Approved
8/13/96 Conditional Use Permit (School) Approved
4/25/88 Conditional Use Permit (Church) Approved
10. 8/14/01 Modification of Proffers and Conditional Use Permit
(Communication Tower) Approved
3/14/00 Modification of Proffers Approved
1/11/00 Conditional Use Permit (Church) Approved
10/12/99 Modification of Proffers Approved
2/7/99 Rezoning (Conditional 0-2 Office to Conditional B-1A
Business) and Conditional Use Permit (Self-storage
facility) Approved
3/24/98 Rezoning (Conditional 0-2 Office to Conditional B-1A
Business) Approved
12/9/97 Rezoning (Conditional 0-2 Office to Conditional A-12
Apartment) Withdrawn
1 0/26/93 Rezoning (Conditional 0-2 Office to Conditional B-2
Business) and Conditional Use Permit (Skating Rink) Approved
5/28/91 Street Closure Approved
11/27/90 Reconsideration of Conditions placed on a Street Closure Approved
9/18/89 Rezoning (Conditional 0-2 Office to R-20 Residential) and
Rezoning (R-20 Residential to Conditional 0-2 Office) Approved
ZONING HISTORY
AGC ACQUISITION
Agenda Item 18
Page 13
if ':;:1
:1 z ~
Il~1!
lwF.
r' 2,/;",;,'
Ii U);
I w;
I ~i
. U) ,
o
.J
U
U)
C
u<S
~ :;
cn'ti
'" '"
....~1tS
.~ ~ ~ \~
'f. - -::l -5
~ ~ g ~
'2 Ci ~ ~
~ ~.~ .~
~ ~~ ~
,. ., '" ~
(f.)~:5? cae
w_ .0'= ~
'=~;5 "
- Ito. a) 0 .....J
~O'l:8 t5
~~g~ ~
~~o~ E
cC6~'~ .~
..J:55i ~
< '" "" ~
z ~.s '(;; 3"
g ~]!g ~ l
o .~ .s .S ~~~;
~Ec:;:fg~~
o ~ ~ ~c g
'" >0.'- ~:l: 6'l
o t:: ~ c~..,
:; & '" 'CZ l:?
~ e S~1ii 8-
g Q, ~ ::u '"
u~~~!i~
~ ~~~n
~ '" ~ -~ ~
.xgvti.O~..
=;;; ~ 1lI"g'
\"CJ ......- ,~o 15
(i;:: ~ ~~c:
.;jB3:~~~
,"
~>-
~~
'1:- ';Il
il!o- ~ ~
:> ~
,,--
~ =: c
i ~~
'J1 ~:l;1
'~~g
~~.~
~: ~
~~~
!S=Oi
~.~8
e i-
"'''8
'", ;g-,
" ~'O
'" on"
91..",
C~Q.'l
~g. ~ sg
~~~
g!Jj
!S! >-.
i!!~ g
~,~""
:2 '2 '"
"'=g
Eo-
'" >- 0
f~~...:
~.~~~
::"00<-')
~,~:~
- (e 0 r,e,
8.0i..
8 ~8
,- rr,'
.;, .~ ~;.'
~-~~ C. :: (j;
~~~~-g~~g.g
~~~~~i~i~ .
~ .~ ~ ~ ~ ~ ~ ; .s ~
~ E ~ ! ~ ! .... .~ ~ ~
~ c .~' 1: ~ ;., ~ ~ ~ :;
~ 8 .~o ;:? ~ -g:: ~ B
.9- Q ~ :::(i;.'~ :: ::> ~ e
~~:8~~~~~~
E~5o"'3g>i;~~
~ - c O:r. .- :>.'- ==
0ic:,-c53E.9!8
;~(S~g'_Eg.Q)u
. ~ ~ OJ ,- c 8 0; :; -
~ 0 0 OJ.S ..-: 0 g
~,EO)~=a:o'O':!:E
~ ~ = ~ c ~ c ~ ~ c
=~== e,'S:= ~ ~ ~ 5
'0. a: g 1:1 ~ ~ =: S == ~
~ g c ~.= ~ goo ~
~2:8~-g~q)!Cn":S
~ c: :::. ~ ~ = to ~ .~ g
C'OQ:='-._~a>;)~-.J
ei~~!::J~:5f6-g
~!lZ~8~-o:;'"
~~f5~1l~~~~*
~ SJ 9.2 --0'-:: ::: m U5
(fl'E:5~'5.~cCbclZlo
.~::.'~ ~~ ~ ~ -=.5: ~
~:;~-3'Eigl: ~ ~c"
.Q .~ <6 ~ E .E ~ ~ 5 _~
~2:;;"":!-",~,,,,
~ ~ ~ ~ S ..2' g~ ~ ~
:E~=CJg~~~o~
:::C~c::5-~QmQVI~ .
~ ~ i -: ;i ~ E ~ ~ ~ 52
.- Q,) c.oQ - .0 ,- :;I ~ ~
1l ;;; "~;j ~"ijj g .! C;;
~.~~;Z;b.Ee!N
... '3 c-
.niU
as U1=O cr.
g~$;~.;g
-g2~g~.?
~ c 9 .., ~
~,i.~~ ~~
iiHfr
.!~:::g..Q~
-c:: Cl Q~~
~g5H.a.
.:!'-~O"C i
a'E~~~C!I I
"S8."'~~ j :
ghf~~ ~ :
a:':C!~:ila. ~ I
E5~!?o ~ I
.2- 'c 9 = - : J
':~'i!;5;;g, I
~ ~ ~ 5.;.: ~ 41
1< " 1; ~~:; T?:
-5 ~ '; '5 i ~ ' _"t~
~ c>:C '8 ,- '''l I
r~H~n$li
- .. i.! i ~,-:: ~
.. ~ ~ ; = ~J 7-~ <>
Z j E - S Q\' la~:S
Q....:2~.s'N H
~,s .,; a",g ""l:; ~I!t'
(.) '0 =~." "-t'1,:J'"
i!;ni!~~~-~~
~f&e.;;;g"u:....r Ie
ex "g~ ~'ii\t."'1~
1L/)l""",,,~ ~
(.)~ [~3~'t.ilQ I-i'
'''.6..";
~-"..!
-~!
"d!
~
.::,
"i; ~
;;:!3
, ""..
l~l!
c:..
0;;
.-.(t
-'z
~:;
'o:~
Q.
~
.t;j
-
.~W
'II
-gg;
=~
--it
8=
.0"
~!
CI)~
0;;
~;
.:::i=
0;
O,i?
U:~
~~
~6
o!'
~~
::J"
0..:<1:
,. :">0.0
~~~
~ ~.~
'?~~
:;l .x
~
~
u
NOIIVJnddV ~NINOZffiI 1VNOIlIaNO:J
oi
&
u;
E
f-
Z
W
~
W
t-
ot
f-
00
W
0:
:J
00
o
.J
U
CfJ
o
~
i'O
IS
0.
o
.~
'5
0:;
:5
::; rJj
-0 03
~ ~
~ ~ ~
~~ '0
0.0
c3E ~~
CI);: ~ ~
Cici. t::n
~~ :5g
<Cm >o,C:
~ ~ c,~ ~
Co. ~," "':.::: E
Co. . ~ ~.::: e
4(~~a~~ E
;:;~~~ ~
Q:5 E -:-:-
g.: ~ :t
<.Ja:_.2
(to ~ ~.8
.~:3 ~ u
_ ~ ~o
Be.... Ii
~~~ g
~g.~ ~
.J::.~-.;c. L1
~ ~~ ~
oi
ii
.0
E
.,
E
"
~
f2
g-
<:
,
i
U'
...J
~~ ;
S:
Ii
N
2-
.~
'"
II)
.,
~
"in
:::>
.0
'0
.~
i;::~
-;..;
'" -
o~
.,
- '"
~2
~~
.g~
II) _
-::u
- '"
"'-
~s.
<0-
"
~ 3
~g:
<e "
:5",
1I).t::
:t' -
~~
OJ ;:
.S: C-
on-
_.t::
- lI)
.c "
1Sg
- to
I .~ a;
..,j~
~:
~
"
~~
5
'E
'"
<>
;;
U
...J
-'
'"
'"
~
'5
E
;;'
"
,~
o
.;
lI)
'"
e:
;;;
:::>
.0
~
ci
:c:
II)
~
-e
'"
C>.
.~
F.
:s
0.
o
'-'
"'
6 g
~f,;
'" N
= "2:
" "'
'" '"
~o
~~
^' '"
,58-
.- (;
Q.l V
" "
.r: 'c
'" ::>
u ~
OJ '"
.c""
'..J (5
o
oi
OJ
.0
E
~
~i
'"
~!
.,'
:;:
""
:=i
.~;
'~i
~:
::;'
uj'
~, :
Q,
E,
~,
-B
'"
~;
'0:
9-i
-<:.
'"
1;
c
2i
i:S:
t
~,
""
C>
..,
l:'
~
>~
."
.;:
"',
e;
.~;
<i'
....~ 'E
'E 3
II> ~
~ <:
~ :a
';';; ~
;;l &
.0 "
-g i5.
.~ ~
liE ~ is
1e ~ ~
is ~ ~
-~g ~
~;: g
on - -
~~ -:
4':: ~
~ 1S 8
~s. 4'
"
'"
"
'"
"
~3
E:a t
;35"~
_ 0 ::-
",.r: ~
~ ~ ~
~.~ a
~.9- ~
3~
0;;,_9 ..
.~ g
~~ ;
1
IN
o
E
-=
.9-
i
~
'"
0.
c
~
:;
~ cO
8,B
r.: ~
..... '2
0",
~E'
on 0
.~~
~~
08-
fs
0.1:
g g
;Ci;
.=.r:
.-:: '0
., 15
~ rJ'J"
- '"
'" co
<) "
:D~
0.5
S
51
~
..
'"
::
~
c
"
'"
'"
:=
1:
li'i
'"
Co
S
e:
'"
'"
,.
'"
.r:
.0
U
"'
'"
C)
'"
'E
.~
;>
.....
0;
'"
~
E
.
t
~
,
~;
-; ;
t~
....;..
0;
.t::
"0
So
~~
wc::O
!5 c:::;; "
cn.!?E o~
g =: E ~ ~
C,,) 'J).... ...... q:,
5:2 ~ ~.~ ~ ~
~~~~~;
~'~g~~~
3:~a~ai"5
OcC:-S~~
>~C:'V_"
~ Q.2 Q. S ~
W%eE"'3:
0.. cs. 8. 8 Eo
o ~,'" a;
a:"'8"'''.o
Q.~r,,'~~~
O.~.1';:! i ~
c::: '- c 0 ri
g~~>'Q
aJ~<5i€
_~ ~~ e ~
S8.e~~.
~9g:5.!i
~~oVi~
~E~jE
8;;'g-:
",-
a;
U
-=
o
,~,;
~!_'
zi.€'
i6:&:
.~
~
'0
'"
:;
c;
c::
o
S
"0
C
'"
'"
'"
>-
o
'}
g
a
2:' 0
U ;;;
Q r;g
:5 ~i 0
'0 0 .Q.I
gZ:5
~ 0
c. '"
E E
Q (J) ~
0. ~ <V
;:; >- :5
'G
~
c:
'"
~
c
r- .$'
"0
c: ~
~ ~.
<:> {j',
~~
'"
AGC ACQUISITION
Agenda Item 18
Page 14
Applicant Disclosure (AGC A,cquisition. LLC)
2. Indian River Fam1s, LLC
Lynnhaven H0111eS - Isle of Wight, LLC
Lynnhaven Helicopter Service, LLC
L vnnhaven Mortgage. LLC
III '- """'" ~
Lynnhaven Turbine, LLC
Thalia Commons, LLC
Torrey Properties, LLC
AGe ACQUISITION
Agenda Item 18
Page 15
Item #18
AGC Acquisition, L.L.c.
Change of Zoning District Classification
1291 Nimmo Parkway
District 7
Princess Anne
June 13, 2007
REGULAR
Dorothy Wood: The next item sir is item 18 and that is AGC Acquisition. That is Mr.
R.J. Nutter.
Barry Knight: Welcome R.J.
R.J, Nutter: Thank you very much Mr, Chairman. I certainly don't envy your jobs. First
of all for the record, my name is R.J. Nutter, I'm an attorney and represent that applicant
AGC Acquisition. This application, as you know, has been deferred once before. What
you may not realize is, but I'm sure staff has probably pointed out to you, is that this
applicant has worked very, very hard with your staff on getting this application to a point
where it comes to you today with their recommendation of approval. It is that application
that resulted in us modifying the land plan at least five times. In addition to that we have
had meetings with the Navy. In fact, this was the first application to proceed with the
Navy under the new MOU process that was adopted while this application was pending.
I'm happy to have been that first case. In addition to that, it resulted in a large change in
the plan that was before you previously in two principal respects. First is that we were
asked to reduce the density on this project by about 20 percent. In relationship to other
projects that have been approved near by, and frankly, we met with staff, projects that
were approved in the nearby area where the density was anywhere from 9 to 12 units to
the acre, and they were asking us to go 9. We've agreed to that with the reductions that
we've made. I will tell you that we have come a long way. In addition to that the other
principal change is the architecture which we submitted to staff originally, we were asked
to modify, to comply at first, as many of you, with an application across the street from
us by the Hickman family. We were asked to look at that as a principal guide for how
our architecture should be modified. What we found when we met with staff on the
Hickman application is that while it is a very nice project, a very nice proposal, it had
aspects that they wanted us to pick up, but frankly staff admitted to us that the Hickman
application was designed not to blend with Nimmo church but designed to blend with the
Hickman home. So, it had a lot more brick. It had a lot more features like that then the
church did. But they did say that application had a substantial number of roof features
that they wanted us to modify. We had large flat roofs with some features. So, as you
can see from these composites we went back to work with them, and our architects
changed over to materials that matched and compliment Nimmo church type of roof line,
Again, it has that steeple type effects instead of a flat roof, more and more traditional
rural county look if you well. A more colonial look then we had originally proposed at
this site. So, a lot has been done on this application. We are happy to have staffs
Item #18
AGC Acquisition, L.L.c.
Page 2
recommendation of approval. Now, I would like to comment on, because I was not able
to attend this morning's earlier session, but I did have someone from my office, who took
rather some copious notes, and talked to me about it, so, I can tell you that I am very
familiar with the conversation that occurred, and as I wanted to be, because I wanted to
be responsive to the issues that you raised, quite frankly. And, I think it is fair to say that
the principal discussion dealt with the access points on the property that we proposed. If
I could, I would like to point those out to you. As you know, this property has some
small frontage on General Booth here, but its principal frontage, I guess into an adjacent
right-of-way, is along Nimmo Parkway. The two access points that you see here
currently exist on the property today and have existed even though the property has been
used for large retail and wholesale operation by a wonderful user. The Atlantic Garden
Center has been a wonderful user, In fact, as we met with residents in the area on this
application, I will tell you that there was less concern about this application than there
was about what are we going to do when we lose Atlantic Garden Center, which is a
wonderful tribute to their business? So, at any rate and having said that, these are the two
access ways that we have had on this property for quite some time, As your staff report
points us the staff is recommending that we only have one of those access ways, but I
think there are a couple of arguments that I would like to propose to you on why we
would like to keep those two access ways. First of all, these two access ways currently
are on Nimmo Parkway. There is a great level of service on that roadway as you know.
We are well under capacities for this property as Nimmo currently stands, And, while I
recognize that Nimmo Parkway will be improved and those numbers will increase. Those
numbers will increase from A & B to probably C & D. So, this won't be the only piece
of property in the city with access points along roadways with C & D with two access
ways, In fact, it will be far from it. It will be one of the many throughout the city that
have that situation. The second thing that I point out to you is that this property, after all
the discussion and meeting with Jack's office and his staff, and we started working with
this before Jack assumed this position, so we had to look at it independently at how Bob
had looked at it. I think he concluded the same that we did. This is a major intersection.
It is a property that could have mixed use on it. We were asked to modify to have a true
mixed use. So, there is true connectivity between these properties, We were asked to
modify the location ofBMPs. We were asked to modify the orientation of the retail.
How it was set on the property. We were asked to add this feature here to get a nice
connection with the retail and the residential along the BMP here. There are a number of
features that have been added to make sure this works. So, my point to you is that you
have a property that is right now all commercial going to a property that will have both
retail and commercial on it. And, to have those two mixtures of uses with one access
way is, I think is a little dangerous in my mind. I really believe, in this case, with retail
use and residential on the same piece to have one access way on this property is a little
dangerous. I tell you that because I know your write up points out and your
Comprehensive Plan recommends that, the Comprehensive Plan looked at a little
different land uses than we have here, That is why if you look at it today with what's
here, two existing access ways, a plan in process that works very well together and have
been modified to comply with that, the two access ways, in my mind are certainly not
unreasonable. Another significant point I point out to you that this is the out parcel. It is
Item #18
AGC Acquisition, L.L.C.
Page 3
briefly discussed in the staffs write up. One of the first things we were asked to do on
this site was to eliminate, because we were actually in conversations with Wawa's, and
we left staff know that. And, they said hey look, we would really be opposed to having
that kind of heavy use on this property, So, we agreed in this case to not only eliminate
Wawa's, but any convenience gas store operation on the property. So, 7-Eleven can't go
here, Wawa's can't go here or whatever the next iteration of that business venue turns
out to be, will not be looked at the property. So that means a substantial reduction in the
amount of traffic that could come to this site. It means a vote would probably go with
either an office use or as a staff points out a restaurant use is a high probability here, so
very complimentary uses. So, my point again to you is that you got a mixture of uses.
You have a Comprehensive Plan recommendation that was based upon a set of facts not
in play, You're on a roadway with great access and availability in terms oflevel of
service. It is very high on this property. Even staff says that it doesn't propose a problem
here. They are just talking about a policy where they want a few restrictions and access
points as possible, And, with that much frontage along there and with these uses and
with the restrictions, the applicant has already agreed to, we feel that it is very reasonable
for two access ways on the property. I will also point out to you very briefly because I
know that my light is going to on here shortly. I know I can count on Ed for that light.
We have met with many adjacent property owners, We have a church located right here.
We met with the pastor, and they are very much in support of the application provided
there is a pedestrian connection between us and the church. We sent out letters to the
residents along this portion of the property prior to our last meeting. Several of them
came to the meeting with us and had no objection. Since the last meeting, Mr. Chairman
as you know all to well, we met with the Pratts, who own this property here and met with
Mr. & Ms. Kaplan. I'm sorry that they are not here today but they told us they would be
in support of the application, They also asked for a pedestrian connection from our
property into theirs, which we have no disagreement. We met with them last week.
Ed Weeden: R.J . You have 45 seconds.
R.J. Nutter: I'll wrap up very quickly. And, finally Mrs. White, who is here today, and
her home is somewhere. Ms, White you know better than 1. I am not going to try and
guess but somewhere in this general vicinity. And, I can tell you that the stand of trees
that are along this portion of the property, we have no intention of impacting whatsoever.
I think most of them are on her property as best as we can tell anyway. We plan on
simply a landscape feature here, And, we added a full fence feature separating us from
her property as well. So, we've tried our best to meet with everyone. If you compare to
the people that showed up at the Hickman application, I think we've done a real good job.
I think we've tried really hard. So, if you could grant us this second access way we would
certainly like it. It is existing, and we think, in this case, it makes sense. But I'm happy
to answer any questions that the Commission might have.
Barry Knight: Thank you. Ms. Wood, for clarification, we don't have any other speakers
on this do we?
Dorothy Wood: No. Mr. Nutter did such a good job he is the only speaker,
Item #18
AGC Acquisition, L.L.C.
Page 4
Barry Knight: Okay. We will open it up for questions for Mr. Nutter, Mr. Bernas.
Jay Bernas: You mention that when you initially started the design staffhad already
mentioned to you that they would only allow one access?
R.J. Nutter: I would say that staffhas noted that traffic engineering department said they
wanted one access way,
Jay Bernas: So, did you develop an alternate layout with one access? Because I think
that if you did have one access, it might change some of your layout, or site flow, or did
you just do it for two accesses?
R.J. Nutter: We would have to, and to be honest with you, we felt that this is the best
way to do the second access way. The one access way we had would be the best location,
The one they are objecting to, as I understand it, is this one, I think they want this one
eliminated and not this one, as I understand the staff's recommendation. So, this one is
essential to us, and this, we think is very important, but if there is only one granted we
would probably modify the land plan.
Jay Bernas: It would be in the same location.
R.J. Nutter: Yes sir. I believe so.
Barry Knight: Is there any other questions? Mr. Livas?
Henry Livas: Would you have to do some more modifications internally?
R.J. Nutter: Not significant. No sir. It flows much better with the two, but in talking
with staff between your earlier session and this one, ifthe Commission would
recommend approval of this application with only one access way, we would go to
Council and we might submit a revised site plan to comply with that, but otherwise
eliminating that second access way is a scenario that can occur today if you wish it too,
We would also asked about a possible deferral. I would tell you that unfortunately our
contract requirements are up actually at the end of August, somewhere at the end of July.
So, we are in a situation where we don't have the option to defer in this case,
Barry Knight: Thank you. Mr. Horsley.
Donald Horsley: Mr. Nutter, take your pointer there. Forget about that right now. Tell
me how these people get back there, Show me the direction.
R.J, Nutter: They would enter here (pointing to PowerPoint), come in to this system here
and come up into the property like this.
Donald Horsley: So, they don't have to come all down through the commercial?
Item #18
AGC Acquisition, L.L.C.
Page 5
R.J. Nutter: No, It is designed so they go around it like this. In fact, we will be coming
back to you probably with a subdivision variance to create a separate lot here. The
residential would be a separate one. But, the access way was designed to be ubiquitous
like this for the residential people. That is why we wanted this one so badly, so our
second point of access for the residential people in this parcel. But, if there is one, this is
where it would be,
Barry Knight: Mr. Henley?
Al Henley: The first entrance is the one that exists,
R.J, Nutter: They both exist now. This is actually the main entrance today into the
garden center.
Al Henley: If that is approved today, what kind of service? Is that a right in only?
R.J. Nutter: This is a right in/right out only, Yes sir.
Al Henley: And a right out also?
R.J, Nutter: This is a right in/right out. That is what I am saying. There may be the
option of a right in only which is certain to damages. But, the way it is submitted right
now Mr. Henley is a right in/right out on both roads. There is no median break. So,
therefore, there is no chance of cross traffic into the site,
Al Henley: Okay. Thank you.
R.J, Nutter: Yes sir.
Barry Knight: Mr. Crabtree?
Eugene Crabtree: Mr. Nutter? You showed going in to one entrance and going to our
left and going around. Is there a way around the other way? Is that a circle? Can they
come around? Can they come into that entrance and make a left hand turn and come
around the back side there?
R.J. Nutter: That is a service road. Yes sir. I am going to say it is not possible.
Eugene Crabtree: Don't you think that if we have only one entrance that there is going to
be a lot of people using that service road as a main thoroughfare to get back to their
residential area?
R.J. Nutter: I think one entrance here, I think internal traffic circulation between two
different uses requires two.
Item #18
AGC Acquisition, L.L.C.
Page 6
Eugene Crabtree: My other question too, We were told this morning that it is not on this
application, but there is a design that there be a rather high scale restaurant going in that
front part up there to where that front entrance would serve?
R.J, Nutter: Yes sir.
Eugene Crabtree: If that did go in there, then if you only have one entrance that would
make it rather difficult for anyone to get to that establishment with just the one entrance.
Would it be economically feasible for anybody to even build a restaurant there if they
only had the one entrance?
R.J, Nutter: It certainly diminishes the acceptance of that sight tremendously, as you can
imagine. Restaurants are more and more sophisticated where they go and there are a lot
of sites available in this area.
Eugene Crabtree: The traffic flow, in reality within the unit, would be much better with
the two entrances and would prevent maybe use of the service road or prevent a traffic
mire with the one entrance going around the other way to get to the residential? Am I not
correct?
R.J. Nutter: Yes sir. That is our position exactly. That is why we believe two is
appropriate in this case. Yes sir.
Eugene Crabtree: Thank you.
R.J. Nutter: Yes sir,
Eugene Crabtree: I do have one other thing. With the discussion with the military and
one thing or another, it says that the density must be to the lowest reasonable rate. Is
what you have it now, do you consider that the lowest reasonable rate that you can do?
R.J. Nutter: Oh, absolutely. In fact, our client reasonably wouldn't agree to the
reductions. They had to go and see if the numbers would work. It is a very expensive
site.
Eugene Crabtree: So, the density now is at the lowest reasonable rate?
R.J. Nutter: Yes sir. I would say without any question about that. It would jeopardize the
entire project. I would tell you too that we showed staff, even their own applications
were approved between 9 and 12 in this area, and they're using the lowest of those
numbers.
Barry Knight: Mr. Henley has a question.
Al Henley: I have a question regarding the landscaping on the southern property side
Item #18
AGC Acquisition, L.L.C.
Page 7
essentially where Mrs, White lives, Most of those trees as you have indicated are trees
that are on their property. They are half high canopy trees. That means there is not much
vegetation below those. And, of course, the applicant has agreed to install a high, what is
the definition of a high fence?
R.J. Nutter: To be honest with you, I didn't want to lock us in because we hadn't met
with her. So, I'm not sure what that is going to be. We're going to meet with her and find
out if that is six or eight, and to be very, very honest with you, in some cases, people
want ten feet but you're only allowed to go to eight. So, that is the problem, We hadn't
met with her in the time that was drafted,
Al Henley: Okay, Well, along with that consideration, I would like to put in a proffer
that they be evergreens, possibly Leyland Cypress or something of that item of vegetation
on the applicant's side of the fence.
R.J, Nutter: I don't think there is any problem with that.
Al Henley: The reason for that is because these units are 55 feet or a little bit more than
55 feet tall so in order to protect those property owners, and as well as aesthetics within
the complex, I think would beautify it even more.
R.J. Nutter: I understand, And, I am sure that we have no problem with that kind of
feature along that line. It will fill the gap, which you are trying to do between the canopy
and where those features are.
Al Henley: Thank you,
Barry Knight: Are there any other questions? Okay. There are no other questions for
Mr, Nutter?
Eugene Crabtree: I make a motion that we approve it the way it is presented the
application.
Barry Knight: We have a motion on the floor by Gene Crabtree to approve it as
presented and that as presented with two entranceways? Do I have a second to that
motion? Mr. Redmond seconds the motion. Okay. We'll open it up back up for
discussion. You can sit down if you want to Mr. Nutter? Okay, There is a motion to
approve agenda item 18, AGC Acquisition, L.L.c. by Gene Crabtree and a second by
Dave Redmond, I'll open it back up for discussion. Mr. Henley.
Al Henley: I want to congratulate the applicant. You have done a wonderful job. You
have compromised a lot. You, as well as the attorney, Mr. Nutter, knows my strong
feelings regarding this other entrance. And, I think I told you at the meeting with you
that I wanted that entrance closed, or at least I prefer it to be closed. But, considering all
the other things that you have done by lowering the density, and that was a concern of
Item #18
AGC Acquisition, L.L.C.
Page 8
residents, as well as myself. You have compromised on the elevation and you brought
that in order with the historical church. I guess I need to compromise. It is a two way
street. So, with that in order, I like your application and I will be supporting it. Once
again, the reason why I am supporting this other entrance is because you do have plans
for upscale restaurant. A comment was rnade earlier. If it is a good restaurant they're
going to find a way to get there. But, also in order that is an existing entrance. There
may be some concern with additional traffic when Nimmo Parkway goes in, but I believe
with the other parcels when they are developed that this other entrance is going to be
needed, So, with that in order and my comments to Mr, Nutter that you are going to be
working with the adjoining owners to properly landscape I will be recommending
approval on this.
Barry Knight: Mr. Bernas?
Jay Bernas: I got a question for staff.
Barry Knight: Okay. Who would you like to bring up?
Jay Bernas: Probably Rick.
Barry Knight: Okay, Short and concise answers, Identify yourself please?
Rick Lowman: My name is Rick Lowman, Public Works Traffic Engineering.
Jay Bernas: I just have some quick questions.
Rick Lowman: 9kay.
Jay Bernas: Along that corridor, has there already been precedent set where other people
have applied and then denied entrances?
Rick Lowman: Not that I'm aware of.
Jay Bernas: So, no one has even applied?
Rick Lowman: No. Not that I'm aware of.
Jay Bernas: This is the only one that has one forward?
Rick Lowman: I believe so.
Jay Bernas: I think maybe the other one is maybe Hickman, but that number went
through but you had also opposed an entrance on that side.
Rick Lowman: Absolutely. Yes.
Item #18
AGC Acquisition, L.L.C.
Page 9
Jay Bernas: So, this could set a precedent for the other side allowing them to have an
entrance on the Hickman property.
Rick Lowman: Sure, One of the issues does set precedent, again providing a second
access point along a controlled access roadway as called by the Master Transportation
Plan and the Comprehensive Plan, So, that is one of the issues there, it does set a
precedent.
Jay Bernas: That we're breaking our own policy that is stated in the Comprehensive Plan
and in other policy documents,
Rick Lowman: Yes sir.
Jay Bernas: I haven't been there in a while, but along Newstead, didn't they close off an
entrance to that neighborhood? Is it Newstead? There is limited access on there.
Rick Lowman: I think I know what you're talking about. I believe the made it a one way
street.
Jay Bernas: They made it a one-way street.
Rick Lowman: I'm not sure how that plays in with this.
Jay Bernas: Okay. I didn't know they had anything, but I knew that it was kind.,.
Rick Lowman: I think it was a neighborhood issue, and I wasn't involved with it. It was
more the side of Traffic Engineering, It was more of a neighborhood and cut through
issue.
Jay Bernas: Okay,
Barry Knight: Mr. Horsley.
Donald Horsley: Rick, will a right in only make any difference on that entrance?
Rick Lowman: Well, you're probably not going to have a lot of right out traffic there
from that one entrance. Most of your traffic, especially the commercial traffic, is going
to be left out and you obviously can't make a left out of that entrance. Maybe some
traffic will come out and make a u-turn at the median opening, but a right in eliminates
some of the conflicts. Again, it doesn't eliminate all of the conflicts of it. So, if the
question is it better then a right in/right out, then yes. However, it is still an issue that the
Comprehensive Plan takes up and the Master Transportation Plan takes up. Again, it does
set that sort of precedent.
Barry Knight: Is there any other discussion? Ms. Anderson?
Item #18
AGC Acquisition, L.L.C.
Page 10
Janice Anderson: Do you look at it any different when you have a ten acre parcel that has
two existing entrances rather than adding one? Do you look at it different when you
actually close one? Are we looking at closing it because it is unsafe? Since it is already
there and has been used there that is a little different, then, I think.
Rick Lowman: Well, the land uses are changing, There is certainly going to be a lot
more traffic with this purposed use of this site. The one thing is it is a large site. The
nursery does, and it is the type of operation where because it is a nursery you grow things
there. It is not very dense as it is. Now, we're creating a more dense situation. Again,
Nimmo Parkway is going to be taking on a different role in the City, And, like I said, it
is a controlled access roadway. It may have good level of service right now and the
capacity may be good now, again, like the Comprehensive Plan states that we're trying
to, and one of the goals of transportation, I believe is goal T2-1 support efforts to
minimize vehicular access along arterials, We're constantly looking out for this because
the next thing you, and I'm not going to say this is going to happen, but the next thing
you know it is going to be Virginia Beach Boulevard. We all know what the access looks
like out there. I'm not comparing it, but access, if you allow uncontrolled access or
multiple access points you tend diminish your capacity of the roadway.
Janice Anderson: Right.
Rick Lowman: We hate to see that now before we even build this roadway and develop
it.
Barry Knight: Mr. Redmond has a question.
David Redmond: Rick, we had kind of sidebar this morning and I told you then that I'm
not a big believer of slippery slope arguments of Virginia Beach Boulevard. I just don't
think this has anything to do with this. The reality in my mind is that there is two
entrances. The level of service is extremely favorable. I don't see the sky falling if there
are two entrances there today. I don't know of anything in Virginia Beach in June for
crying out loud, that is busier than garden center. The sky is not falling so, I'm a little
uncomfortable with the arbitrary nature that wherever we find two entrances we make
them one. Wherever we find three entrances we make them two. I think we are limiting
to respond to what you said. I think we are limiting access to this road. We're limiting it
to what is there now. We're not providing anymore access to this site, I don't see how
we're creating any sort of hardship if some conflict exists there today, we would be
racing over there with our alarms blaring and we're not. So, I just have a hard time trying
to figure what is so wrong with two access points there, I think this is, all other respects,
a terrific looking development. It is will balance in terms of its uses. The applicant, as far
as I can tell, has been very, very responsive in terms of the criticism and suggestions that
the city staff has recommended. I don't really know that it needs to be fooled with any
more than this. Jack apparently disagrees with me, But, so, I'm going to support the
motion as well that has been offered with the two access points, which will come as no
surpnse.
Item #18
AGC Acquisition, L.L.C.
Page 11
Rick Lowman: Do you want me to respond?
David Redmond: Sure. By all means.
Rick Lowman: Real quick response. I promise. What this focuses on, again, the sky is
not falling. There are really no issues that Traffic Engineering has responded too. Again,
it is my job as a traffic engineer working for the Department of Public Works to take a
look at things, and work in the best interest of the citizens of Virginia Beach and to
protect what is spelled out by Public Works and Planning in the Comprehensive Plan and
on the Master Transportation Plan. That Master Transportation Plan is what we worked
towards. I mean, we can obviously modify it a little bit. Again, it is called out as a
controlled access roadway. I believe that there is no hardship here. The site will work
with one entrance, It may not be as convenient, and the sky probably will not fall if we
allow two entrances to this, but again, I'm looking out for the interests for the City of
Virginia Beach and Public Works Department.
David Redmond: And, I respect that.
Barry Knight: Are there any other questions for Rick at this time? Thank you Rick. We
appreciate it. Ms. Anderson?
Janice Anderson: I just want to respond to Rick's comments. I do believe that his job to
look 20 years down the road. That is what we need him to do is look 20 years down the
road. So, it is really tough between the two, but I would supportive of the city's position
to close the first and have the one access because it can work with that. That is my
position on that. I like the application. I think they have done a great job with all the
changes, like Mz:, Henley said, that they made,
Barry Knight: Thank you. Mr. Bernas?
Jay Bernas: Real quick. When we talk about traffic we talk about safety. I think to
sacrifice safety for convenience, I think that is the wrong thing to do. If the Traffic
Engineer says that one entrance will work, and the other one could be potentially a safety
concern. Also, the aspect of, and we already got all of these policies in place, it is in the
. Comprehensive Plan and the Master Transportation Plan, and we recently just
disapproved an entrance along Princess Anne Road for the same reasons that we have
these policies in place, that I wouldn't want to create a precedent. I don't think there is
anything that was presented here today that would want not to follow policy in this case,
I don't think there was a strong enough argument to me today, that there was a strong
enough reason to keep that access open. So, I think the application is great. If I do not
support the application, it will just be because of that one entrance,
Barry Knight: Is there any other discussion? Mr. Redmond?
Item #18
AGC Acquisition, L.L.C.
Page 12
David Redmond: Just to be clear though, on Princess Anne Road the level of service
there was bordering, what was it, D minus. And this is entirely a different traffic
situation. It is far less stressed than Princess Anne Road was in that stretch.
Henry Livas: I don't think that was existing.
Barry Knight: Is there any other discussion?
Dorothy Wood: I'll sponsor Mr. Nutter for one minute. One minute Mr. Nutter. I have a
meeting at 3:00 o'clock with you Mr. Nutter,
R.J. Nutter: With me, I have to get out of here. The two points that I would like to say.
This is more of a convenience to us. It really is safety as well. There are residents that
are going to be living here. If that entrance is blocked then ambulances and fire that have
to get to residences in this property, we don't have that problem when it is all
commercial. So, I will tell you that it is every bit about safety, number one. Number
two, I got to be careful on this motion is framed, My sense is that the Commission likes
the application, The only debate is if there are two entrances or one, So, I don't want to
send City Council a wrong message for those of you, like Jan, who prefer one entrance
and not two. So, if I could ask you to consider how this motion is framed right now. I
like the motion, It is clearly in our favor. My concern is that I don't want to send
Council the wrong message that there is opposition and that you don't recommend
approval of the application. The only problem is the access way. I can't make a motion,
Mr. Macali so I'm really stuck here, But, I like the Commission to send the right
message to Council on this application that I think you're trying to send. Some of you
favor two, like me, and some of you do not. I understand that. It's the nature of why we
are all here. I would ask for someway to send that message to Council in your process,
and I appreciate it. But I reiterate that safety is a very large part of what we are
requesting here,
Barry Knight: Mr. Nutter, Thank you. We got a couple of options at our disposal if we
care to accommodate Mr. Nutter, One, of course, is we can make a substitute motion for
the single entrance, or if Commission so desire, if they desire to oppose the motion, they
can let us know to put in the verbatim why they would oppose voting for it, because it
had two entrance as opposed to one. So, keep that for your thoughts. Ms. Anderson?
Janice Anderson: I would like to make a substitute to approve the application with just
the one entrance.
Barry Knight: A substitute motion made to approve with one entrance. Do I have a
second? Mr. Bernas has second it. Okay. Is there any discussion? I will say that as far
as our neck of the woods down there with this little stretch of road is, Nimmo Parkway is
'--',~ dead end on each end, And, there is no through traffic now other than that one small
section, and all the traffic that is on Princess Anne Road, probably 90 percent of it is
going to coming through Ferrell Parkway and Nimmo Parkway through there, so it is
Item #18
AGC Acquisition, L.L.C.
Page 13
going to bring up the level u; service, It is going to be about access points, It isn't going
to hurt, right now, but where is the straw that breaks the camel back come along. I hear
so many people, particularly in this neck of the woods talk about traffic concerns. I like
Mr. Nutter's project. I really do. They have done a wonderful job, I really weigh in hard
on the two entrances from a safety issue as far as safety within the community, but I think
probably overriding on the safety is the traffic, as far as the access there because the level
of service on this thing, It is a one mile dead end road right now, but hopefully it is going
to be a limited access thoroughfare here shortly. I'm going to be voting in favor of the
substitute motion, but I will open it back for any discussion on the substitute motion.
Okay. We'll vote on the substitute motion made by Jan Anderson and seconded by Jay
Bernas, Is that substitute motion with the recommendation to have the evergreens and
the Leyland cypress on the southern end of the border?
Janice Anderson: Yes.
Barry Knight: Do you concur with that Jay? If there is no other discussion, I'll call for
the vote on the substitute motion which is for the one entrance only.
AYE 3 NAY 7 ABSO ABSENT 1
ANDERSON AYE
BERNAS AYE
CRABTREE NAY
HENLEY NAY
HORSLEY NAY
KATSIAS NAY
KNIGHT AYE
LIVAS NAY
REDMOND NAY
STRANGE ABSENT
WOOD NAY
Ed Weeden: By a vote of 3-7, the substitute motion for one entrance has failed.
Barry Knight: Okay. The substitute motion fails to carry. We will now vote on the
original motion which was made by Gene Crabtree and seconded by Dave Redmond,
which is the two entrances, and also stated with the evergreens and the Leyland cypress
on the southern border. I'll call for the question,
Ed Weeden: This was for two entrances?
Barry Knight: This is for two entrances.
Ed Weeden: With the original two people?
Item #18
AGC Acquisition, L.L.C.
Page 14
Barry Knight: Yes. It was Gene Crabtree and Dave Redmond with two entrances and
with the evergreens and Leyland cypress on the southern border,
AYE 8 NAY 2 ABSO
ANDERSON NAY
BERNAS NAY
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
KNIGHT AYE
LIVAS AYE
REMOND AYE
STRANGE
WOOD AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 8-2, the application of AGe Acquisition, L.L.c. has been
approved with two entrances.
Barry Knight: Ms. Secretary? Are there any more items to be heard?
Dorothy Wood: No sir. That is it.
Barry Knight: The meeting is adjourned,
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To OUf File No, DF-6638
DATE: June 27,2007
TO:
FROM:
Leslie L. Lilley. ,j
B. Kay WiISO~'
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; AGe Acquisition, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on July 10, 2007. I have reviewed the subject proffer agreement, dated May
25, 2007 and have determined it to be legally sufficient and in proper legal form. A copy of
the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/als
Enclosure
cc: Kathleen Hassen
Prepared By/Return To:
Troutman Sanders LLP
222 Central Park Avenue, Suite 2000
Virginia Beach, Virginia 23462
AGREEMENT
THIS AGREEMENT is made this 25th day of May, 2007, by and between AGC
ACQUISITION. LLC, a Virginia limited liability company, hereinafter ("AGC"), and BOOTH
FERRELL ASSOCIATES, a Virginia general partnership, hereinafter ("Booth"), which
collectively may be referred to herein as ("Grantors"), and the CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, hereinafter ("Grantee").
WIT N E SSE T H:
WHEREAS, AGC is the contract purchaser of a parcel located in the Princess Anne
District of the City of Virginia Beach, Virginia, containing approximately 10,28 more or less,
which parcel is currently owned by Booth, which property is more particularly described in the
exhibit labeled Exhibit A attached to this Agreement (the "Property"); and
WHEREAS, the Property is presently zoned AG-2 and is subject to the terms of the
zoning ordinance of the City of Virginia Beach; and
WHEREAS, AGC intends to develop, operate, and use the Property in a manner more
restrictive than contemplated by the current zoning of the PropertY, and AGC has initiated an
amendment of the Zoning Map by petition addressed to the Grantee, so as to change the
classification of the Property from AG-2 to Conditional B-4 with the covenants, restrictions and
conditions of this Agreement;
GPINs: 2414-16-1683-0000
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the subject Property and at
the same time to recognize the effects of the 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 B-4 are needed to cope with
the situation to which the Grantors' rezoning application gives rise; and
WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in
addition to the regulations provided for in the existing B-4 zoning district by the existing City's
Zoning Ordinance ("CZO"), the following reasonable conditions related to the physical
development, operation and use of the Property, to be adopted as a part of said amendment to the
new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning
and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
2
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and without any element of compulsion of 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 these
proffers shall constitute covenants running with the said Property, which shall be binding upon
the Property and upon all parties and persons claiming under or through the Grantors, their heirs,
personal representatives, assigns, grantees and other successors in interest or title, namely:
1. The development of the Property shall be in substantial conformance with the site
plan titled "Atlantic Gardens", last revised May 10, 2007, prepared by Jeff Love and Associates,
3
which plan has been exhibited to the City Council and is on file in the Planning Department of
the City of Virginia Beach (the "Site Plan"),
2. The buildings constructed on the Property shall be constructed in substantial
conformance with the building elevations titled "Atlantic Gardens Center Proposed Retail
Center" and "Atlantic Gardens Center revised design" dated May 10, 2007, prepared by Jeff
Love and Associates, which elevations have been exhibited to the City Council and are on file in
the Planning Department of the City of Virginia Beach (the "Building Elevations").
3. The number of residential units developed on the Property shall not exceed
ninety-nine (99) units, in compliance with the recommendation of the City of Virginia Beach
Planning staff,
4. No gas station or convenience store shall be located on the Property.
5. The Grantors shall install and maintain a solid privacy fence, constructed of
materials of the Grantors' choosing, along the southern boundary of the Property immediately
adjacent to the neighboring parcel identified by GPIN 2414-06-8108,
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
4
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee.
This Agreement may be signed in one or more counterparts which, upon execution by all
the parties, shall constitute a single agreement.
[Separate Signature Page Follows]
5
IN WITNESS WHEREOF, the foregoing Agreement is executed by the parties as of the
date first written above.
AGC ACQUISITION, LLC,
a Vir1imited liability company
By: ,J-J~,J.P. -f 1\
1e-~ w\~A.:-\L ..J'~P.- ~~a.\'\lY'a- ~Ju..L
- w\ A- ,.!~~
COMMONWEALTH OF VIRGINIA
COUNT~OF v .-c.", \~:: ...'"-,~
, to-wit:
The foregoing instrument was acknowledged before me this -z. S"~ay of Y"'{I w:> '1
2007, by ~~"'''''1 ry... m"'......."'........... , in his capacity as v'?~"''''''''~'''+ of AGC
Acquisition, LLC, a Virginia limited liability company, on its behalf, and that he is personally
known to me or produced
as identification,
_~ T. :_,~~,
Notary Pubhc ,$"""~~~~.~:.'('!/~.~:;"'~
-;, , <.. C <> i ~ Q." h.,~Y p" ""~ '?
~ . ~r v~. ...
i1....0 ~.... ~
~ :~ MY 0: -=
; g ~ COMMISSION i < ~
S ~ ... EXPIRES .: ~ ~
'\ 'CoQ..,. 3/31/2009 ....~ I
BOOTH FERRELL ASSOCIATES, ~~',~ii.4'L=rH"O~ ~""~
a Virginia general partnership """1/1111,,'1\\\
By: ,~~ { ~t4f'
..
,
My Commission Expires: \(y'I".~ <-I--.
COMMONWEALTH OF VIRGINIA
COUNTY ~F lit Ii- f'7 I 4/; ... b ~..,,do-wit:
The foregoing instrument was acknowledged before me this "2..5 day of '('y'\ p '-1
2007, bY-S-~""'L'!. ~. CCL.o'-'....~'- , in his capacity a~'-:?:::':;'::;~_ of Booth
Ferrell Associates, a Virginia general partnership, on its behalf, and that he is personally known
to me or produced ~ a.:. " .... a.. . ... L \ C. ~.......~ as identific~
~~~ ? J.o<- / ....--~"'"
- l N P bl' ,'-\\l-' ... '1,
otary u IC "" ~~"""''''''''~o ~
~ Q ..' p.Y p~ "'~ ~
My Commission Expires: 'fY\. eo.<>..-c....... "':,', '"Lo.o" ~ ....~~ ~........ ~
~:o '~..-:'
= : ~ MY 0: :
; g ~ COMMISSION J ~ ~
~ ~\ EXPIRES ....& g
'\ ~O."" 3/31/2009.....~ ~
~ 119,'. .. ~ ~
.."';:~i'A.LT~i.o~ """,
""" I" 111111 11\\\\
6
Exhibit A
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon,
lying, situate and being in the City of Virginia Beach, Virginia, and being a portion of the land
shown on that certain plat entitled, "Subdivision of Property, Charles C. Hickman, et ux: which
said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 88, at page 45 and being more particularly described as follows:
BEGINNING at a point at the eastern right-of-way line of Oceana Boulevard at the southeastern
intersection of Oceana Boulevard and the Proposed Indian River - Courthouse Road as shown on
said plat, thence South 18 degrees 04' West 169.42 feet, more or less, along the eastern right-of-
way line of Oceana Boulevard to a pin, which pin is in the northwesterly comer of Lot C as
)wn on said plat; thence South 71 degrees 56' East 261.97 feet along the northern side lot line
,ot C as shown on said plat to a pin; thence South 18 degrees 04' West 412.44 feet along the
:ern side lot lines of Lots A, B and C as shown on said plat to a pin in the southeastern corner
, Lot A as shown on said plat; thence South 52 degrees 30' East 570,10 feet" more or less, to the
center line of a ditch as shown on said plat, said ditch dividing the property of the grantor herein
conveyed and the property now or formerly owned by Woodrow White located on the eastern
side of the property of the grantor herein conveyed; thence along the center line of said ditch
North 25 degrees 50' East 961.05 feet, more or less, to a point in the southern right-of-way line
of the Proposed Indian River - Courthouse Road and thence along a curve to the left of the
southern right-of-way line of the Proposed Indian River - Courthouse Road, said curve having a
radius of 3,764.72 feet and an arc distance of 832.89 feet to a point; thence South 87 degrees 46'
West 3.13 feet to the point of beginning.
LESS AND EXCEPT those certain parcels described and designated as "0.507 AC, TO
CONVEYED TO LOT 'C'" and "0.459 AC. TO BE CONVEYED TO LOT 'B'" as shown on
that certain plat entitled "Subdivision of Property of Charles C. Hickman, et ux, DB 482, P. 21,
MB 25, P. 70, MB 88, P. 45, Princess Anne Borough, Virginia Beach, Va," which said plat is
duly recorded in the Clerk's Office aforesaid in Map Book 146 at page 44.
ALSO LESS AND EXCEPT that certain piece or parcel of land designated and described as
"Take Area = 7,413,290 sq, ft," as shown on that certain plat entitled "Plat of Parcel 060, General
Booth Blvd., Property of Charles C. Hickman and heirs of Ruth S. Hickman, deceased", which
said plat is recorded in the Clerk's Office aforesaid in Map Book 166 at page 18 and which piece
or parcel was conveyed to the City of Virginia Beach, Virginia, by deed of Charles Carlton
Hickman, widower, dated May 11, 1983, and recorded in the Clerk's Office aforesaid in Deed
Book 2259, at page 1541.
IT BEING the same property conveyed to Booth Ferrell Associates, a Virginia general
partnership by deed from Nimmo Land Company, a Virginia general partnership, dated May 9,
1991 and recorded May 10, 1991 in the Clerk's Office ofthe Circuit Court ofthe City of Virginia
8
Beach, Virginia in Deed Book 2985 at page 1924. Deed of Correction dated June 19,2006 and
recorded June 22, 2006 as Instrument No. 20060622000946700.
328993v4
9
M. UNFINISHED BUSINESS
N, NEW BUSINESS
o. ADJOURNMENT