AUGUST 28, 2007 AGENDACITY COUNCIL
MAYOR MEYERA E OBERNDORF, At -Large
VICE MAYOR LOUIS R. JONES, Bayside- District 4
WILLIAM R. DeSTEPH, At -Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERTM. DYER„ Centerville -District I
BARBARA M. HENLEY, Princess Anne - District 7
REBA S. McCLANAN, Rose Hall - District 3
JOHN E. UHRIN, Beach - District 6
RON A. VILLANUEVA, At -Large
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lynnhaven -District 5
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY- LESLIE L. LILLEY
CITY CLERK - RUTH HODGES FRASER, MMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
28 AUGUST 2007
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 234568005
PHONE: (757) 385-4303
FAX(757)385-5669
E-MAIL: Ctycncl@vbgov.com
I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:30 PM
A. PRINCESS ANNE COMMONS
Jack Whitney, Director — Planning
B. INDOOR ATHLETIC VENUE
Cindy Curtis, Director — Parks and Recreation
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA
IV. INFORMAL SESSION - Conference Room - 3:30 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 Lamont Brown
Mount Olive Baptist 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
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARINGS
1. LICENSE AGREEMENT FOR TELECOMMUNICATIONS SYSTEM
City's rights-of-way
2. LEASE OF CITY -OWNED PROPERTY
200 N. Oceana Blvd.
I. CONSENT AGENDA
J. RESOLUTIONS/ORDINANCES
August 21, 2007
1. Resolution AUTHORIZING the CITY'S HEALTH CARE PLAN for Year 2008 and
providing direction for the City Manager to formulate the 2009 Health Care Plan.
2. Resolution DESIGNATING the Virginia Beach SPCA to receive state revenue from the
FY 2007-2008 Spay and Neuter Fund re low-cost spay and neuter services to
companion animals.
3. Ordinance AUTHORIZING the City Manager to execute a Lease for five (5) years or
less to VETSHOUSE, INCORPORATED for homeless veterans at 200 N. Oceana
Boulevard.
4. Ordinance GRANTING a ten (10) year Temporary Nonexclusive Revocable License
Agreement to NextG Networks Atlantic, Inc. to install and operate a
telecommunications system or facilities in the City's rights -of --way
K. PLANNING - NO ACTION
Application of B'NAI ISRAEL for a Conditional Use Permit re indoor commercial
recreation facility (bingo hall) at 620 Baker Road.
DISTRICT 2 - KEMPSVILLE
(This item was deferred indefinitely July 10, 2007; however, due to the application
being advertised for this meeting, it is here listed with the applicant's request for
INDEFINITE DEFERRAL)
L. PLANNING
1. Application of JOSEPH and FAYE MATYIKO for the expansion of a
Nonconforming Use at 3257 Shady Pines Lane to construct an addition to an
existing duplex.
DISTRICT 7 - PRINCESS ANNE
DEFERRED
RECOMMENDATION
August 14, 2007
APPROVAL
2 Application of THANH CONG DOAN for a Conditional Use Permit re a religious
facility at 4177 West Neck Road.
(DISTRICT 7 - PRINCESS ANNE
STAFF RECOMMENDATION APPROVAL
PLANNING COMMISSION RECOMMENDATION DENIAL
3. Application of AZIZ SAIR for a Conditional Use Permit re gasoline sales in conjunction
with a convenience store and car wash at the northeast intersection of Holland Road and
Warwick Drive
DISTRICT 6 - BEACH
RECOMMENDATION
APPROVAL
4. Application of D. W. GATLING, INC. for a Change of Zonin-a District Classification
from I-1 Light Industrial District to Conditional A-36 Apartment District on the north
side of Baker Road, east of Newtown Road, to develop multi -family dwellings.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROVAL
5. Application of VILLAGE BEND, L.L.C. for a Change ofZoninQ District Classification
from R-15 Residential District and AG -1 Agricultural District to Conditional A-12
Apartment District with a PD -112 Planned Development Housing District Overlay on the
south side of Dam Neck Road, east of Southcross Drive, to develop single-family and
multi -family dwellings.
DISTRICT 7 — PRINCESS ANNE
RECOMMENDATION
APPROVAL
6. Application of NELIN BROTHERS, INC. for Modifications to their Proffer Agreement
on a Conditional Change of Zoning (approved by City Council on June 27, 2006) at 2122
General Booth Boulevard for an office building.
DISTRICT 7 — PRINCESS ANNE
STAFF RECOMMENDATION DENIAL
PLANNING COMMISSION RECOMMENDATION APPROVAL
7. Ordinances re WORKFORCE HOUSING to AMEND:
a. Chapter 16 of the City Code ADDING Article VIII, Sections 16-42 through 16-
58, to establish eligibility requirements, pricing standards, program procedures
and a Workforce Housing Advisory Board prescribing the membership and duties
of the Board
b. the Comprehensive Plan by revising Chapter 1, (Introduction and General
Strategy), Chapter 10 (Housing and Neighborhoods), and the Appendix of the
Policy Document by incorporating Location Guidelines for Workforce Housing
the City Zoning Ordinance (CZO) Section 102, establishing the Workforce
Housing Overlay District; Section 900 re the legislative intent of the B-4 Mixed
Use District, the B -4C Central Business Mixed Use District and the B -4K Historic
Kempsville Area Mixed Use District; and, ADDING Article 20, Sections 2100
through 2106, re definitions, applicability, permitted uses, density bonuses, plan
requirements and required features of development in Workforce Housing
Overlay Districts
RECOMMENDATION APPROVAL
M. APPOINTMENTS
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
WORKFORCE HOUSING ADVISORY BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
CITYWIDE TOWN MEETINGS
October 16, 2007 Location to be Announced - 7:15 pm
FY 2008-2010 Budget
January 15, 2008 Location to be Announced — 7:15 pm
Stormwater Plans and Funding
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
Agenda 8/28/07gw
www.vbgov.com
CITY MANAGER'S BRIEFINGS - Conference Room - 1:30 PM
A. PRINCESS ANNE COMMONS
Jack Whitney, Director — Planning
B. INDOOR ATHLETIC VENUE
Cindy Curtis, Director — Parks and Recreation
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA
IV. INFORMAL SESSION - Conference Room - 3:30 PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
ROLL CALL
DATE: August 28, 2007
PRESENT PRESENT PRESENT
OBERNDORF, MAYOR MEYERA E.
DeSTEPH, WILLIAM R. "Bill'
DIEZEL, HARRY E.
DYER, ROBERT M. "Bob"
HENLEY, BARBARA M.
JONES, VICE MAYOR LOUIS R.
McCLANAN, REBA S.
UHRIN, JOHN E.
VILLANUEVA, RON A.
WILSON, ROSEMARY
WOOD, JAMES L.
V. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Lamont Brown
Mount Olive Baptist 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
G. AGENDA FOR FORMAL SESSION
August 21, 2007
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CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
H. PUBLIC HEARINGS
LICENSE AGREEMENT FOR TELECOMMUNICATIONS SYSTEM
City's rights-of-way
LEASE OF CITY -OWNED PROPERTY
200 N. Oceana Blvd.
Public Notice
Notice is hereby given that bids shall be received for a
temporary nonexclusive revocable license to install and
operate a telecommunications system or facilities in the City
of Virginia Beach's rights-of-way. Bids shall be received by
the City of Virginia Beach, Finance/ Purchasing Division,
Princess Anne Executive Park, Kempsville Building, 1st Floor,
2388 Court Plaza Drive, Virginia Beach, Virginia 23456 on
or before 3:00 p.m. on August 27, 2007. Bids
received after that time and date shall be refected. Bids will
be forwarded to the Mayor of the City of Virginia Beach at the
regular meeting of the City Council, which will be held in the
Council Chambers, City Hall Building, Municipal Center,
Virginia Beach, Virginia, on August 28, 2007 at 6:00 p.m.,
and after the receiving of bids, the Council will either
proceed with awarding a license or will defer the matter to a
subsequent meeting.
All bids must be in writing. The right to reject any and all
bids is hereby expressly reserved. A descriptive notice of the
ordinance awarding the license is in the following words:
AN ORDINANCE GRANTING A TEMPORARY
NONEXCLUSIVE REVOCABLE LICENSE AGREEMENT
TO INSTALL AND OPERATE A TELECOMMUNICATIONS
SYSTEM OR FACILITIES IN THE CITY OF VIRGINIA
BEACH'S RIGHTS-OF-WAY
A copy of the proposed license is on file and available for
inspection during normal business hours in the office of the
City Clerk.
Ruth Hodges Fraser, MMC
City Clerk
Beacon August 19 & 26, 2007 17431355
PUBLIC HEARING
LEASE OF CITY PROPERTY
The Virginia Beach City Council will hold a PUBLIC
HEARING on the proposed leasing of City -owned property
on Tuesday, August 28, 2007, at 6:00 P.M.
in the Council Chamber of the City Hall Building (Building #11
at the Virginia Beach Municipa! Center. Virginia Beach,
Virginia. The purpose of this Hearing will be to obtain public
comment on the City's proposal to lease the following
property:
Approximately 2206 Square Feet of Space located at
200 N. Oceana Blvd.
!f you are physically disabled or visually impaired and
need assistance at this meeting, please call the CITY
CLERK'S OFFICE at 385.4303.
Any questions concerning this matter should be directed t
the Department of Management Services - Faca!it e.
Management Office, Room 228, Building 18, at the Virgini<
Beach Municipal Center. The Facilities Management Office
telephone number is ..757)385 5659.
Ruth Hodges Fraser, MMC
Crtv Clea
Beacon August 19. 2007 11-475347
I. CONSENT AGENDA
J. RESOLUTIONS/ORDINANCES
1. Resolution AUTHORIZING the CITY'S HEALTH CARE PLAN for Year 2008 and
providing direction for the City Manager to formulate the 2009 Health Care Plan.
2. Resolution DESIGNATING the Virginia Beach SPCA to receive state revenue from the
FY 2007-2008 Spay and Neuter Fund re low-cost spay and neuter services to
companion animals.
3. Ordinance AUTHORIZING the City Manager to execute a Lease for five (5) years or
less to VETSHOUSE, INCORPORATED for homeless veterans at 200 N. Oceana
Boulevard.
4. Ordinance GRANTING a ten (10) year Temporary Nonexclusive Revocable License
Agreement to NextG Networks Atlantic, Inc. to install and operate a
telecommunications system or facilities in the City's rights-of-way
�NIABFA�I
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution regarding the City Health Care Plan for Year 2008 and providing
direction for formulating the 2009 Health Care Plan
MEETING DATE: August 28, 2007
■ Background: City Council has received recommendations regarding health plan changes for
Plan Year 2008 and beyond from both the Council -Appointed Employee Benefits Review Task Force and
the Joint City/Schools Executive Committee comprised of staff. City Council received comments from
employees and citizens on August 14, 2007.
■ Considerations: For the health plan year beginning January 1, 2008, the City shall continue
to pay 100% of the HMO subscriber only premium for all eligible employees and out-of-pocket maximum
and coinsurance amounts remain the same. All copays are to remain unchanged except for elimination
of the copay for wellness and preventive exams. A mandatory generic drug policy is to be established.
Dependents will be covered to age 23 rather than the current age 25.
Employees who retire from the City after 25 years of service with the City and/or Virginia Beach City
Public Schools (or 5 years of service and a work-related disability) shall receive the same health care
coverage and City contribution as active employees, including dependent coverage, until they reach age
65. Employees who retiree with less than the above service shall be allowed access, until they reach age
65, to the same coverage as employees and their dependents but shall pay the full actual costs of
coverage for themselves and their dependents.
An annual independent audit of claims shall be conducted and the results reported to City Council. The
City contribution for health care will be $5,400 per employee and the $5 million savings from the budgeted
amount of $5,750 per employee shall be used to fund the City's actuarial liability as according to the
Governmental Accounting Standards Board (GASB) Statement No. 45. An actuarial valuation of the
City's GASB 45 liability shall be conducted as soon as possible but no later than December 14, 2007.
In preparation for Plan Year 2009, the City Manager shall meet with employees to study the health care
plan and the GASB actuarial liabilities in order to make recommendations on redesign of health care
offerings to minimize the GASB actuarial liability and provide a sustainable and competitive benefit. The
City Manager shall also solicit proposals for fully insured plans for Plan Year 2009 in order to compare the
cost of continuing under a self insured plan.
Public Information: Public Input held August 14, 2007
Advertisement of City Council Agenda
■ Attachments: Resolution
Recommended Action: Approval
Submitting Department/Agency: City Manager
City Manage : 4 v`" L,
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A RESOLUTION REGARDING THE CITY
HEALTHCARE PLAN FOR YEAR 2008 AND
PROVIDING DIRECTION FOR FORMULATING THE
2009 HEALTHCARE PLAN
WHEREAS, City Council has received recommendations regarding proposed
adjustments to the City healthcare plan for Plan Year 2008 from both the Employee
Benefits Review Task Force and the Joint City/Schools Benefits Executive Committee;
and
WHEREAS, City Council received comments from City employees and citizens
regarding the recommended changes during a public hearing held on August 14, 2007;
and
WHEREAS, City Council has carefully considered the recommendations of the
task force and the executive committee, as well as the comments and suggestions of
City employees and citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH,
WITH RESPECT TO THE HEALTHCARE PLAN FOR YEAR 2008:
1. That the City shall continue to pay 100% of the HMO single -subscriber
premium for all employees.
2. That there shall be no change in the annual out-of-pocket maximum,
which shall remain at $1500/member and $3000/family.
3. That there shall be no change in coinsurance coverage and no increase in
employee/retiree co -pays.
4. That in order to encourage employees, retirees, and their covered
dependants to seek preventive care through annual wellness exams, thereby reducing
the likelihood and impacts of chronic illnesses, the current $20 co -pay for such annual
wellness exams shall be eliminated.
5. That a mandatory generic drug policy shall be implemented, so that when
a generic version of a drug is available, the generic drug must be used, unless the
39 healthcare provider specifically requires in writing that a generic drug not be substituted
40 for the brand name product.
41
42 6. That coverage eligibility for dependent children shall end at age 23.
43
44 7. That City employees who retire (or have retired) before age 65 with at
45 least 25 years of service with the City, Virginia Beach City Public Schools, and/or a
46 state agency whose employees are covered by the City's healthcare plan, as well as
47 those who retire on a work-related disability compensable under the Workers
48 Compensation Act before age 65 with at least 5 years of service with any combination
49 of the above -listed employers, shall receive the same coverage, including spousal and
50 dependent coverage, that is provided to City employees, until they reach age 65.
51
52 COMMENT
53 This provision applies to City retirees with at least 25 years of service with the City,
54 Schools, and/or a state agency whose employees are covered by the City's healthcare plan. The
55 state agencies whose employees are covered by the City's healthcare plan are the Sheriffs Office,
56 the Commissioner of Revenue, the City Treasurer, the Commonwealth's Attorney, and the Clerk of
57 Circuit Court. An employee with a total of 25 years of service with any of these employers (or any
58 combination thereof) would receive the same coverage, including spousal and dependent coverage,
59 that is provided to City employees, until they reach age 65. City employees who retire on a work -
60 related disability compensable under the Workers Compensation Act with at least 5 years of service
61 with any combination of the above -listed employers would receive the same benefit and coverage,
62 until they reach age 65.
64 8. That City employees who retire (or have retired) before age 65 with less
65 than 25 years of service shall be allowed to receive the same coverage as employees,
66 including spousal and dependent coverage, until they reach age 65, but such retirees
67 shall pay the full actual costs of such coverage, both for themselves and for their
68 spouse and eligible dependents.
70 COMMENT
71 This section provides that a City retiree with less than 25 years of service shall be allowed to
72 participate in the City's healthcare plan but shall pay the full actual costs of such coverage, both for
73 themselves and for their spouse and eligible dependents. "Full actual costs" means that no City
74 subsidy—implicit or explicit—will be applied to the insurance rates for such retirees.
75
76 BE IT FURTHER RESOLVED:
77
78 1. That there shall be an annual independent audit of claims, with the results
79 reported to the City Council.
80
81 2. That because the actual cost for HMO healthcare coverage is projected to
82 be less than the $5,750/employee that was budgeted, a lower contribution of
83 $5,400/employee should be used based on favorable experience and cost trends, and
84 the savings of approximately $5 million shall be used to fund the City's actuarial liability
85 pursuant to Governmental Accounting Standards Board (GASB) Statement No. 45.
86
87 3. That an actuarial analysis of the City's GASB 45 liability shall be
88 conducted as soon as possible, but no later than December 14.
89
90 AND BE IT FURTHER RESOLVED, WITH RESPECT TO PLAN YEAR 2009:
91
92 1. That the City Manager shall meet with employees and study the City's
93 healthcare benefits and related GASB actuarial liabilities in order to make
94 recommendations to restructure the City's healthcare plans in a manner that minimizes
95 the City's long-term actuarial liability and provides a competitive sustainable benefit for
96 employees.
97 2. That the City Manager shall solicit bids or proposals for Plan Year 2009 in
98 order to compare the cost of private insurance against the cost of continued self -
99 insurance.
100
101 Adopted by the City Council of the City of Virginia Beach, Virginia, on this
102 day of , 2007.
APPROVED AS TO LEGAL SUFFICIENCY:
;eeAW1W Attorney's Offi----
City
CA10482
R-5
August 21, 2007
ra�,•�.�,h�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution to Designate the Virginia Beach SPCA as the Organization to Receive
State Revenue from the FY 2007-08 Spay and Neuter Fund for Providing Low -Cost
Spay and Neuter Services to Companion Animals
MEETING DATE: August 28, 2007
■ Background: In the 2007 General Assembly legislation was introduced to direct income
derived from state taxpayers who chose to donate to the Virginia Spay and Neuter Fund to
localities for providing low-cost spay and neuter surgeries. According to the State Tax
Commissioner, taxpayers may select a specific dollar amount on their tax form (Form 760) or
pay the fund directly through contributions. In order for a fund to remain active, it must generate
at least $10,000 for three consecutive years. In FY 2003-04 the Virginia Spay and Neuter Fund
generated $36,247 in revenue statewide and $37,191 in FY 2004-05.
■ Considerations: The State Tax Commissioner will determine annually the total
amounts designated on all returns from each locality. The State Treasurer will pay the
appropriate amount to each respective locality. The locality may:
(1) perform sterilizations and keep the funds;
(2) contract for sterilizations and use the funds to pay for the contract; or
(3) make the funds available to a private, non-profit sterilization program for dogs and
cats.
The attached resolution would select the third option and make these funds available to the
Virginia Beach SPCA for providing low-cost spay and neuter surgeries. However, this fiscal
year will be the first year of implementing this program to localities, and there is no information
upon which to base a revenue estimate. Therefore, when the City receives the revenue from
the State, staff will bring an appropriation ordinance to City Council to distribute these funds to
the SPCA. We expect this to be in June 2008.
■ Public Information: Public information will be provided through the normal Council
agenda process.
■ Alternatives: To contract for sterilizations from another organization and direct funding
to that organization or to offer a City spay and neuter program.
■ Recommendations: It is recommended that Council designate the Virginia Beach
SPCA as the organization to receive state revenue from the FY 2007-08 Spay and Neuter Fund
for providing low-cost spay and neuter services to companion animals.
■ Attachments: Resolution and Letters from Chief Operating Officer Charlie Meyer and
Virginia Beach SPCA.
Recommended Action: Approval
Submitting Department/Agency: Police Department
City Manag ?_ , ���
1 A RESOLUTION TO DESIGNATE THE VIRGINIA BEACH
2 SPCA AS THE ORGANIZATION TO RECEIVE STATE
3 REVENUE FROM THE FY 2007-08 SPAY AND NEUTER
4 FUND FOR PROVIDING LOW-COST SPAYAND SERVICES
5 TO COMPANION ANIMALS
6
7 WHEREAS, the 2007 General Assembly passed HB2525 directing moneys
8 contributed to the Spay and Neuter Fund to localities for providing low-cost spay and
9 neuter services.
10
11 WHEREAS, each locality may designate any private, non-profit sterilization
12 program for dogs and cats as the designated recipient of these funds.
13
14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16
17 That the SPCA is hereby designated as the organization to receive revenue
18 from the Spay and Neuter Fund in FY 2007-08 for providing low-cost spay and neuter
19 services. The City Manager is directed to return to City Council with an appropriation
20 ordinance prior to the distribution of any funds.
21
22 Adopted the by the Council of the City of Virginia Beach, Virginia, day of
23 .2007.
APPROVED AS TO CONTENT:
Managem t S rvices
CA10477
R-4
August 22, 2007
APPROVED AS TO LEGAL
SUFFICIENCY:
iC1aZ44;
City Attorney's CWce
OFFICE OF THE CITY MANAGER
(7 57) 385-4242
FAX(757)427-5626
TDO (757)385.4305
August 7, 2007
Sharon Q. Adams
Executive Director
Virginia Beach SPCA
3040 Holland Drive
Virginia Beach, Virginia 23453
city of viv<�irii_
Subject: VA Spay and Neuter Fund
Dear Ms. Adams:
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MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 235464001
As noted in your letter to the Mayor, Meyera E. Oberndorf, the new legislation (HB2525) would direct
to the locality income from state taxpayers who chose on their income tax form to donate to the Spay
and Neuter Fund. Additionally, taxpayers may also make contributions directly to the fund.
According to the State Tax Commissioner's Office, the Spay and Neuter Fund, generated $36,247 in
revenue in 2004 and $37,191 in 2005 on a statewide basis. However, the Tax Commissioner's Office
is not able to determine what portion of those funds was from Virginia Beach taxpayers.
According to the legislation the City has three options: (1) perform sterilizations ourselves; (2) contract
for sterilizations to be done (the statue does not require that the contract be with a local or a non-profit
entity) or (3) simply make the funds available to a private, non-profit program for dogs and cats. We
will be recommending to the City Council on August 28th that the City choose Option 3, which will
make these funds available to the SPCA for providing low-cost spay and neuter surgeries. However,
this fiscal year will be the first year of implementing this program; and there is no information upon
which to base a revenue estimate so therefore, when the City receives the revenue from the State, we
will distribute these funds to the SPCA. We expect this to be in June 2008.
Please contact Catheryn Whitesell at 385-8234 in the Department of Management Services if you
have any additional questions.
4S1rely,
Charlie W. ever
Chief Operations Officer
CRWtdmh
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OFFICE OF THE CITY MANAGER
(7 57) 385-4242
FAX(757)427-5626
TDO (757)385.4305
August 7, 2007
Sharon Q. Adams
Executive Director
Virginia Beach SPCA
3040 Holland Drive
Virginia Beach, Virginia 23453
city of viv<�irii_
Subject: VA Spay and Neuter Fund
Dear Ms. Adams:
`r Rp )%xi Illi
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 235464001
As noted in your letter to the Mayor, Meyera E. Oberndorf, the new legislation (HB2525) would direct
to the locality income from state taxpayers who chose on their income tax form to donate to the Spay
and Neuter Fund. Additionally, taxpayers may also make contributions directly to the fund.
According to the State Tax Commissioner's Office, the Spay and Neuter Fund, generated $36,247 in
revenue in 2004 and $37,191 in 2005 on a statewide basis. However, the Tax Commissioner's Office
is not able to determine what portion of those funds was from Virginia Beach taxpayers.
According to the legislation the City has three options: (1) perform sterilizations ourselves; (2) contract
for sterilizations to be done (the statue does not require that the contract be with a local or a non-profit
entity) or (3) simply make the funds available to a private, non-profit program for dogs and cats. We
will be recommending to the City Council on August 28th that the City choose Option 3, which will
make these funds available to the SPCA for providing low-cost spay and neuter surgeries. However,
this fiscal year will be the first year of implementing this program; and there is no information upon
which to base a revenue estimate so therefore, when the City receives the revenue from the State, we
will distribute these funds to the SPCA. We expect this to be in June 2008.
Please contact Catheryn Whitesell at 385-8234 in the Department of Management Services if you
have any additional questions.
4S1rely,
Charlie W. ever
Chief Operations Officer
CRWtdmh
VIRGINIA BEACH
Adoption. Education. Compassion.
Jul_\ 16.200 i
The Ilonorable Mevera E. Oberndorf: Mawr
2401 Courthouse Drive. Building, I —
Municipal Center
Virginia Beach. VA 23=156
Dear Madam (flavor:
l.a.ct month 1 shared a letter with you regarding the enactment of 1IB2525. which re -directs
income from the Spar VA f=und back to the localities from v.-hich that income is ,encrated.
i have discussed the bill with John Atkinson. who believes that an ordinance is necessary to
implement legislation locally. I ant respectfully requesting the introduction of an ordinance to
alto" the Vir-inia Beach SPCA to receive finding from the Spay VA Fund.
In the 2007 General Assembly session, the Virginia Beach SPCA asked Delegate Sal laquinto to
introduce leoislation on our behalf which would re -direct income derived from state taxpayers
who chose to donate to the Spay VA Fund throuOJ t their annual tiling back to the locality where
the taxpayer resides. This legislation, IIB2525, was passed by the General Assembly, signed by
the Governor and was enacted on July 1. 2007.
Prior to the enactment of HB2525. if a Virsinia Beach taxpayer made a check off donation on
their state return to the Spay VA Fund. that donation went to the Virginia Federation of I lumanc
Societies but was not coming back to this area. This bill changes that so that any Virginia Beach
citizen can be assured the donation he/she makes is sent back to his/her city to insure the
provision of local spaying and neutering services.
This legislation requires each locality to contract with a local non-profit to perform these
sterilizations. As the Virginia Beach SPCA is the only non-profit in the City providing such
services. and has been since 1993. we would like to be formally considered as the recipient for
these funds. We will use our marketing. membership and direct mail resources to encourage
donations to the Spay VA Fund. Please advise us in what form you Nvould like us to make
application. or if this letter is a sufficient application for fundin`,.
Let me knox\ if ��e can provide an} further information on this matter. Thank Vou in advance for
your consideration and cooperation.
Very truly yours"
Shaton Q. Adapis.',Nll"A
l xecutive Dired3i
cc: Philip J. Kellam. Commissioner of Revenue
James K. Spore. City Manayger
John ,Atkinson. City Treasurer
Virginia Beach Society for the Prevention of Cruelty to Animals
3040 Holland Road, Virginia Beach, VA 23453-2610
(757) 427-0070 FAX (757) 427-5939
www.vbspco.com info@vbspco.com
Leading the pack
for 40 years.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance authorizing the City Manager to execute a lease for five years
or less with Vetshouse, Incorporated for the use of land and a 2,206 square foot
(approx.) City -owned residence located at 200 N. Oceana Blvd.
MEETING DATE: August 28, 2007
■ Background: Vetshouse Incorporated ("Vetshouse") would like to lease land
and a 2,206 square foot residence (the "Property") from the City of Virginia Beach (the
"Citi'). The Property is located at 200 N. Oceana Blvd in the City of Virginia Beach.
The Property was acquired by the City through the APZ-1 Acquisition Program.
Vetshouse is a program providing temporary housing for homeless veterans.
Vetshouse currently owns a neighboring property.
■ Considerations: This lease would be for a term of one (1) year with four (4)
one-year renewal option periods.
■ Public Information: Advertisement of Public Hearing
Advertisement of City Council Agenda
■ Alternatives: Approve terms of the Lease Agreement as presented, alter
terms of the proposed Lease Agreement or deny leasing of subject premises.
■ Recommendations: Approval
■ Attachments: Ordinance
Summary of Terms
Location map
Recommended Action: Approval
Submitting Department/Agency)): Management Ser ii s / Facilities Management Office
City Manager: 1`
S �1.
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE FOR FIVE
YEARS OR LESS WITH VETSHOUSE,
INCORPORATED FOR THE USE OF LAND AND A
2,206 SQUARE FOOT (APPROX.) CITY -OWNED
RESIDENCE LOCATED AT 200 N. OCEANA BLVD.
WHEREAS, the City of Virginia Beach ("the City') is the owner of that
certain parcel of land and 2,206 square foot vacant residence located at 200 N.
Oceana Blvd and shown on Exhibit A attached hereto (the "Property");
WHEREAS, Vetshouse, Incorporated has requested to lease the Property
for $1.00 per year and will perform all required maintenance;
WHEREAS, Vetshouse Incorporated would like to enter into a formal
lease arrangement with the City for the Property pursuant to the Summary of
Terms attached hereto;
WHEREAS, the Property will be utilized for temporary housing for
homeless veterans and for no other purpose;
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a lease for a term
of less than five years, between Vetshouse, Incorporated and the City, for the
Property in accordance with the Summary of Terms attached hereto and such
other terms, conditions or modifications as may be satisfactory to the City
Attorney and the City Manager.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of , 2007.
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
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EXHIBIT B
SUMMARY OF TERMS
LESSOR: City of Virginia Beach
LESSEE: Vetshouse, Incorporated
PREMISES: Approximately 2206 square foot residence located at 200 N.
Oceana Boulevard and adjacent land.
TERM: September 1, 2007, through August 31, 2008, with 4 one-year
renewal options
RENT: $1.00 per year
RIGHTS AND RESPONSIBILITIES OF LESSEE:
Will use the Premises for a Vetshouse residential facility and for no
other purpose.
• At no time shall more than 4 people reside in the dwelling unit.
• Will sound -attenuate premises at Lessee's expense.
• Lessee shall not modify the Premises without prior approval from
City.
• Will keep, repair, and maintain the Premises at its expense.
• 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. Lessee shall provide a
certificate evidencing the existence of such insurance.
• Will comply with all applicable laws, ordinances, and regulations in
the performance of its obligations under the Lease.
TERMINATION: The City may terminate the Lease at any time without
cause.
f Y
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Granting a Temporary Nonexclusive Revocable License
Agreement to NextG Networks Atlantic, Inc. to Install and Operate a
Telecommunications System or Facilities in the City's Rights -Of -Way
MEETING DATE: August 28, 2007
■ Background: NextG Networks Atlantic, Inc. ("NextG") is a telecommunications
company that provides managed transport and backhaul services to wireless
communications service providers. NextG requested a right-of-way use agreement to
access the City's public rights-of-way for the provision of telecommunications services.
■ Considerations: NextG is seeking a right-of-way agreement in order to install,
operate, and maintain fiber optic cable and associated equipment, including optical
repeaters and antenna facilities, on, over, and under the public rights-of-way within the
City. Under Virginia law, no telecommunications carrier may locate its facilities in the
public right-of-way without the consent of the City.
■ Public Information: Public notice is required and has been advertised. Bids will
be received by the City until August 27. Bids will be reviewed at the formal Council
meeting on August 28, 2007.
■ Recommendations: Adoption
■ Attachments: Ordinance and Summary of Terms
Recommended Action: Adoption
Submitting Department/Agency: Communications and Information Technology
City Manager:l� , vt
1 AN ORDINANCE GRANTING A TEMPORARY
2 NONEXCLUSIVE REVOCABLE LICENSE AGREEMENT
3 TO NEXTG NETWORKS ATLANTIC, INC. TO INSTALL
4 AND OPERATE A TELECOMMUNICATIONS SYSTEM OR
5 FACILITIES IN THE CITY'S RIGHTS-OF-WAY
6
7 WHEREAS, NextG Networks Atlantic, Inc. ("NextG") is a telecommunications
8 carrier, as defined in Section 3 of the Communications Act of 1934, as amended (47
9 U.S.C. § 153);
10
11 WHEREAS, the Virginia State Corporation Commission has granted to NextG the
12 required certificates of convenience and necessity as a provider of local exchange and
13 interexchange services;
14
15 WHEREAS, NextG desires to provide telecommunications service within the City;
16
17 WHEREAS, NextG desires to commence the operation of its telecommunications
18 system and desires to enter into a temporary nonexclusive revocable license agreement
19 with the City; and
20
21 WHEREAS, the City is agreeable to allowing NextG to use the City's public
22 rights-of-way, subject to the terms and conditions set forth in the Temporary
23 Nonexclusive Revocable License Agreement and any future telecommunications
24 regulatory ordinances and franchises that may be adopted by the City.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 That the City Council hereby approves the Agreement entitled "City of Virginia
30 Beach, Virginia Temporary Nonexclusive Revocable License Agreement," a copy of
31 which is on file in the City Clerk's Office, and hereby authorizes and directs the City
32 Manager to execute such Agreement on behalf of the City.
33
34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
35 of , 2007.
APPROVED AS TO CONTENT:
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CA 10446
August 14, 2007
R-2
APPROVED AS TO LEGAL
SUFFICIENCY:
A- v-,O)y,�
City Attorney's Office
TEMPORARY NONEXCLUSING REVOCABLE LICENSE AGREEMENT
NextG Networks Atlantic, Inc.
SUMMARY OF TERMS
Grantee: NextG Networks Atlantic, Inc.
Nature: Allows use of City rights -of -ways for telecommunications facilities of
local exchange/long distance provider. Does not authorize cable service.
Term: Ten years from the effective date of the Agreement. Maybe extended for
one (1) additional five (5) year term.
Compensation: Under state law, the City may charge a fee for use of the public rights-of-
way. The City has not imposed such a fee.
Indemnity: Grantee required to indemnify City, employees, officers, etc. against
claims resulting from acts and omissions of Grantee.
Insurance: Grantee required to maintain worker's compensation insurance; $2 million
in commercial general liability insurance; $1 million in automobile
liability insurance; $1 million in pollution liability insurance. Grantee
may instead provide $5 million umbrella coverage.
Surety: Grantee required to maintain $50,000 bond and $25,000 letter of credit.
May be reduced when construction of backbone facilities is completed.
Construction: Grantee required to obtain all required permits, promptly restore City
property after construction, and to comply with all City, state, and federal
standards, ordinances, laws, etc. Facilities required to be underground
where all other utilities are underground.
Removal: Grantee required to remove facilities if Agreement is not renewed or
license not granted.
K. PLANNING — NO ACTION
Application of B'NAI ISRAEL for a Conditional Use Permit re indoor commercial
recreation facility (bingo hall) at 620 Baker Road.
DISTRICT 2 — KEMPSVILLE
(This item was deferred indefinitely July 10, 2007; however, due to the application
being advertised for this meeting, it is here listed with the applicant's request for
INDEFINITE DEFERRAL)
-46 -
Item
46 -
Item V -J.6.
PLANNING ITEM #53692
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of PERFECTING SAINTS WORSHIP CENTER for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF PERFECTING SAINTS
WORSHIP CENTER FOR A CONDITIONAL USE PERMIT
R030531238
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Perfecting Saints Worship Center for
a Conditional Use Permit for a church on property located at 620
Baker Road (GPIN 14682182160000). DISTRICT 2 — KEMPSVILLE
The following conditions shall be required.
1. Parking shall be provided for the church at the ratio of one
parking space for everyfive seats in the primary meeting area
during Sunday services. The ZoningAdministratorshall conduct
a yearly review of the parking situation to determine if there are
any conflicts with the community center/church use.
2. The Conditional Use Permit for Indoor Recreation —Bingo,
approved by City Council on May 29, 1990, is no longer valid.
This Ordinance shall be effective in accordance with Section 107 (0 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth ofMarch Two Thousand Five
Voting. 9-0
Council Members Voting Aye:
Harry E. Diezel Robert M. Dyer, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Richard A. Maddox
March 8, 2005
HUFF, POOLE & MARONLY, Pc.
ATTORNEYS & COUNSELLORS
Jeffrey F. Brooke, Esq.
Direct Dia1:757/552-6053
E-mail: ibrooke(a>hnmlaw.com
July 6, 2007
Ruth Hodges Fraser, Clerk
Virginia Beach City Clerk
2401 Courthouse Drive, Suite 281
Virginia Beach, VA 23456
Re: Conditional Use Permit for Indoor Commercial Recreation
Facility at 620 Baker Road, Virginia Beach (Bingo Hall)
GPIN No.: 14682182260000
Dear Ms. Fraser:
Reply to:
Virginia Beach
The above -referenced Conditional Use Permit Application is set to be heard by the Virginia
Beach City Council on Tuesday, July 10, 2007 at 6:00 p.m.
This letter serves as a request the application be deferred until Tuesday, August 28, 2007 for
further consideration.
Please advise as to whether your office will accommodate this request. With regards, I am
JFB/hmw
cc: Honey Low
Michael Myers
Shmuel Itzhak
VIRGINIA BEACH
4705 Columbus Street, Virginia Beach, VA 23462-6749
(757) 499-1841 9 FAX (757) 552-6016
Very truly yours,
HUFF, POOLE & MAHONEY, P.C.
F RrW4 &(Aku
Jeffrey F. Brooke
www.hpmlaw.com
CHESTERFIELD
9850 Lori Road, Suite 101, Chesterfield, VA 23832-6623
(804) 778-7265 • FAX (804) 778-7943
-54 -
Item i- L.3.
PLANNING ITEM #56623
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED
INDEFINITELY, Ordinance upon application of B'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).
ORDINANCE UPON APPLICATION OF B'NAI ISRAEL FOR A
CONDITIONAL USE PERMIT FOR A COMMERCL4L RECRE47I0N
FACILITY (BINGO HALL
Ordinance upon 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
Voting: 9-0 (By Consent)
Council Members Voting Aye:
William K "Bill" DeSteph, Barbara M. Henley, Vice Mayor Louis R Jones,
Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel and Robert M. Dyer
July 10, 2007
Man C4 n » T • t
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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: August 28, 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.
On July 10, City Council deferred this matter to August 28 at the request of the
applicant.
■ Considerations:
The applicant is requesting a Conditional Use Permit to utilize the facility for
bingo games. The requested Use Permit will supersede the current Use Permit
for a church.
There was opposition to the request.
■ Recommendations:
The applicant is requesting a deferral of this application to allow additional time
for the resolution of an outstanding issue.
■ Attachments:
Location Map
Recommended Action: Indefinite Deferral
Submitting Department/Agency: Planning Department
City Manager: 8�
B'NAI ISRAEL
Agenda Item 14
June 13, 2007 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Conditional Use Permit for Indoor Commercial
Recreation Facility (Bingo Hall)
'moi � ►) y ��"�'� ► �• y.'r',
CUP -!or Indoor Commercial Recreational Facility - Bingo Hall
ADDRESS / DESCRIPTION: Property located at 620 Baker Road.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14682182260000 2 - KEMPSVILLE 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 Stafrs understanding that the existing tenant has not exercised the option to
purchase.
The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST
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 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 / B-2 Community Business District
B'NAI ISRAEL
Agenda Item 14
Page 1
USE AND ZONING: South: . Auto service station / B-2 Community Business District
East: . Shopping center / B-2 Community Business District
West: . Mini -storage facility & multi -family / B-2 Community Business
District & A-12 Apartment District
NATURAL RESOURCE AND The existing building and parking lot cover a majority of the site. There is
CULTURAL FEATURES: 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) / 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
Volume
Present Capacity
Generated Traffic
Baker Road
13,992 ADT
13,600 ADT (Level of
Existing Land Use —
Service "C")
91 ADT weekday
15,000 ADT' (Level of
366 ADT Sunday
Service "D") / Capacity
Proposed Land Use 3—
229 ADT weekday
136 ADT Sunda
' Average Daily Trips
s as defined by church
s 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: EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the conditions below.
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'NAI ISRAEL
Agenda Item 14
Page 3
AERIAL OF SITE LOCATION
B'NAI ISRAEL
Agenda Item 14
Page 4
PROPOSED SITE PLAN
B'NAI ISRAEL
Agenda Item 14
Page 5
1
03/02/05
Conditional Use Permit Church
Granted
05/29/90
Conditional Use Permit (Indoor Recreation
Facilit -Bin o
Granted
2
02/27/01
Conditional Use Permit (Self -storage)
Granted
12/12/86
Conditional Rezoning R-5 Residential to B-2
Business
Granted
3
11/20/89
Conditional Use Permit Auto Repair)
Denied
4
07/13/87
Conditional Use Permit Auto Repair)
Granted
5
102/23/86
Conditional Use Permit (Auto service
establishment
Granted
ZONING HISTORY
B'NAI ISRAEL
Agenda Item 14
Page 7
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Agenda `P 9E
Item #14
B'Nai 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 of B'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'Nai 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 if it
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'Nai 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 I 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'Nai 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" 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 ". 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'Nai 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 building 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'Nai Israel
Page 7
Barry Knight: Are there any questions for Mr. Low? Mr. Bernas?
Jay Bernas: If we 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. If we 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'Nai 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 2%2 years ago. As a result of an attorney that
they retained, the issue was May 31" 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% 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 you 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'Nai 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 '/a 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, if the 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 301h 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 means he has to come up with a really sizeable
amount of :ash.
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'Nai 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 if he 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 30`h 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'Nai 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 of the 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. If we 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 I 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
-�77— 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 if B'Nai would be negatively impacted by deferring it another 30 days and
Item #14
B'Nai 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. Berms? 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
30`h. 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
NAY 0 ABS 0 ABSENT 1
ANDERSON
AYE
BERNAS
NAY
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
NAY
KNIGHT
AYE
LIVAS
NAY
REDMOND
AYE
STRANGE
ABSENT
WOOD
NAY
Item #14
B'Nai 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.
L. PLANNING
Application of JOSEPH and FAYE MATYIKO for the expansion of a
Nonconforming Use at 3257 Shady Pines Lane to construct an addition to an
existing duplex.
DISTRICT 7 - PRINCESS ANNE
DEFERRED
RECOMMENDATION
August 14, 2007
APPROVAL
2 Application of THANH CONG DOAN for a Conditional Use Permit re a religious
facility at 4177 West Neck Road.
(DISTRICT 7 — PRINCESS ANNE
STAFF RECOMMENDATION APPROVAL
PLANNING COMMISSION RECOMMENDATION DENIAL
3. Application of AZIZ SAIR for a Conditional Use Permit re gasoline sales in conjunction
with a convenience store and car wash at the northeast intersection of Holland Road and
Warwick Drive
DISTRICT 6 — BEACH
RECOMMENDATION
APPROVAL
4. Application of D. W. GATLING, INC. for a Change of Zoning District Classification
from I-1 Light Industrial District to Conditional A-36 Apartment District on the north
side of Baker Road, east of Newtown Road, to develop multi -family dwellings.
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION
APPROVAL
5. Application of VILLAGE BEND, L.L.C. for a Change o Zoning District Classification
from R-15 Residential District and AG -1 Agricultural District to Conditional A-12
Apartment District with a PD -112 Planned Development Housing District Overlay on the
south side of Dam Neck Road, east of Southcross Drive, to develop single-family and
multi -family dwellings.
DISTRICT 7 — PRINCESS ANNE
RECOMMENDATION
APPROVAL
6. Application of NELIN BROTHERS, INC. for Modifications to their Proffer Agreement
on a Conditional Change of Zoning (approved by City Council on June 27, 2006) at 2122
General Booth Boulevard for an office building.
DISTRICT 7 — PRINCESS ANNE
STAFF RECOMMENDATION DENIAL
PLANNING COMMISSION RECOMMENDATION APPROVAL
7. Ordinances re WORKFORCE HOUSING to AMEND:
a. Chapter 16 of the City Code ADDING Article VIII, Sections 16-42 through 16-
58, to establish eligibility requirements, pricing standards, program procedures
and a Workforce Housing Advisory Board prescribing the membership and duties
of the Board
b. the Comprehensive Plan by revising Chapter 1, (Introduction and General
Strategy), Chapter 10 (Housing and Neighborhoods), and the Appendix of the
Policy Document by incorporating Location Guidelines for Workforce Housing
C. the City Zoning Ordinance (CZO) Section 102, establishing the Workforce
Housing Overlay District; Section 900 re the legislative intent of the B-4 Mixed
Use District, the B -4C Central Business Mixed Use District and the B -4K Historic
Kempsville Area Mixed Use District; and, ADDING Article 20, Sections 2100
through 2106, re definitions, applicability, permitted uses, density bonuses, plan
requirements and required features of development in Workforce Housing
Overlay Districts
RECOMMENDATION
APPROVAL
NOTICE OF PUBLIC HEARING
The regular meeting of the City Council of the City of Virginiaf
Beach will be held in the Council Chamber of the City Hal
Building, Municipal Center, Virginia Beach, Virginia, om
Tuesday, August 28, 2007 at 6:00 p.m., at,
which time the following applications will be heard:
Ordinance to amend the Comprehensive Plan by revising
Chapter 1 (Introduction and General Strategy), Chapterl0!
(Housing and Neighborhoods), and the Appendix of the Polic,
Document by incorporating Location Guidelines for Workforce
Housing.
Ordinance to amend the City Zoning Ordinance by
amending Section 102, Establishing The Workforce Housing
Overlay District; amending Section 900, pertaining to the
Legislative Intent of the B-4 Mixed Use, the B -4C Central
Business Mixed Use and the B -4K Historic Kempsville Area
Mixed Use; and by adding a new Article 20, consisting of
Sections 2000 through 2006, pertaining to Definitions,
Applicability, Permitted Uses, Density Bonuses, Plat
Requirements and Required Features Of Development In
Workforce Housing Overlay Districts.
DISTRICT 6 - BEACH
Aziz Sair Application: Conditional Use Permit for gasoline
sales in conjunction with a convenience store and car wash
at the northeast intersection of Holland Road and Warwick
Drive (GPIN 1495093490). AICUZ is 70-75 and APZ-2.
DISTRICT 7 - PRINCESS ANNE
Nelin Brothers, Inc. Application: Modification of Conditions
for a request approved by City Council on June 27, 2006 at
2122 General Booth Boulevard (GPIN 2414183444). AICUZ
is 65 to 70 dB DNL. -
Thanh Cong Doan Application: Conditional Use Permit for
religious facility at 4177 West Neck Road (GPIN
2402800135). AICUZ is Less than 65 dB Ldn.
Village Bend, L.L.C. Application: Change of Zoning District
Classification from R-15 Residential and AG -1 Agricultural to
Conditional A-12 Apartment with a PD -H2 Planned
Development Housing Overlay on the south side of Dam Neck
Road, approximately 170 feet east of Southcross Drive (GPIN
1484166408 - part of). AICUZ is Less than 65 dB Ldn. The
Comprehensive Plan identifies this site as being within the
Primary Residential Area, suitable for appropriately located
suburban residential and non-residential uses consistent with
the policies of the Comprehensive Plan. The purpose of this
rezoning is to develop single-family and multi -family
residential dwellings.
DISTRICT 2 - KEMPSVILLE
D. W. Gatling, Inc. Application: Change of Zoning District
Classification from 1-1 Light Industrial to Conditional A -3E
Apartment on the north side of Baker Road, approximately
510 feet east of Newtown Road (GPIN 1468308528). The
Comprehensive Plan designates this site as being within the
Primary Residential Area, suitable for appropriately located
suburban residential and non-residential uses consistent with
the policies of the Comprehensive Plan. The purpose of thiF
rezoning is to develop the site for multi -family dwellings
AICUZ is Less than 65 dB Ldn.
B'Nai Israel Application: Conditional Use Permit for a
commercial recreation facility (bingo hall) at 620 Baker Road
(GPIN 1468218226). AICUZ is Less than 65 dB Ldn.
Deferred on April 11, 2007.
All interested citizens are invited to attend.
Ruth Hodges Fraser, MMC
City Clerk
Copies of the proposed ordinances, resolutions and amend-
ments are on file and may be examined in the Department of
Planning or online at htta://www.vhgov.com/pc 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.
Beacor:.auvust 12 & 19. 2007 1/431201
09/28/04 CUP (firewood preparation) Granted
07/06/04 CUP (communication tower extension) Granted
03/14100 CUP (communication tower) Granted
ZONING HISTORY
JOSEPH & FAYE MATYlKO
August 28, 2007 City Council Meeting
Page 10
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution authorizing the Enlargement of a Nonconforming Use on
property located at 3257 Shady Pines Lane. DISTRICT 7 — PRINCESS
ANNE
MEETING DATE: August 28, 2007
N Background:
The applicant requests approval of the construction of an addition to an existing
-duplex located on an existing parcel, zoned AG -1 and AG -2 Agricultural.
Duplexes are not permitted uses in the Agricultural districts, and thus, the duplex
is non -conforming. City Council approval is necessary to allow any modification
to the building.
E Considerations:
The applicant requests to construct a 12 foot by 14 foot addition to the rear of an
existing duplex located on agriculturally zoned property. City records indicate that
the dwelling was built in 1950, prior to the adoption of a zoning ordinance for
Princess Anne County. The current City Zoning Ordinance does not permit
duplex units on agriculturally zoned property; therefore, the duplex is considering
nonconforming. Since the use is nonconforming, approval from City Council for
any modifications to the structure is required. The requested addition will be used
for bedroom space; however, the duplex unit being expanded will remain a one
(1) bedroom, one (1) bathroom unit.
Shady Pine Lane is a small roadway sprinkled with single-family and duplex units
on property zoned Agriculture. The dwelling units on Shady Pine Lane are
surrounded by dense woods. The proposed construction for an addition to the
existing duplex will not be encroaching on the existing septic system, increase
the number of bedrooms in the unit, and will not infringe on current agricultural
operations or on adjacent property owners' privacy or quality of life.
0 Recommendations:
The proposed enlargement is reasonable, will have a minimal impact, and should
be as appropriate to the district as the existing non -conforming use. Approval of
this request is recommended subject to the following conditions:
Joseph and Faye Matyiko
Page 2 of 2
1. The conditions required by the Virginia Beach Department of Public Health
shall be followed as outlined by that agency.
2. The approval shall be limited to the 12 foot by 14 foot addition as depicted
on the submitted plan.
Attachments:
Resolution
Staff Review
Location Map
Recommended Action: Staff recommends approval.
Submitting DepartmentlAgency: Planning Department
City Manager: Q6, Vz" T
1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF
2 A NONCONFORMING USE ON PROPERTY LOCATED AT
3 3257 SHADY PINES LANE, PRINCESS ANNE DISTRICT
4 WHEREAS, Joseph and Faye Matyiko (hereinafter the "Applicants"), have made
5 application to the City Council for authorization to enlarge a nonconforming use with an
6 addition to a duplex structure on a certain lot or parcel of land having the address of
7 3257 Shady Pines Lane, in the AG -1 and AG -2 Agricultural Districts; and
8
9 WHEREAS, the said use is nonconforming, as it is a duplex structure which is
10 not presently allowed in the Agricultural Districts but was constructed prior to the
11 adoption of the Princess Anne County Zoning Ordinance; and
12
13 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
14 enlargement of a nonconforming use is unlawful in the absence of a resolution of the
15 City Council authorizing such action upon a finding that the proposed use, as enlarged,
16 will be equally appropriate or more appropriate to the zoning district than is the existing
17 use;
18
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 That the City Council hereby finds that the proposed use, as enlarged, will be
23 equally appropriate to the district as is the existing use.
24
25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
26 BEACH, VIRGINIA:
27
28 That the proposed enlargement of the duplex dwelling is hereby authorized, upon
29 the following conditions:
30
31 1. The conditions required by the Virginia Beach Department of Public Health
32 shall be followed as outlined by that agency.
33
34 2. The approval shall be limited to the 12 foot by 14 foot addition as depicted
35 on the submitted plan, which has been exhibited to the City Council and is
36 on file in the Planning Department of the City of Virginia Beach.
37
38
39 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
40 August, 2007.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
CAl 0473
R-2
August 17, 2007
City Attorney's Office
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JOSEPH
MATYIKO &
FAYE MATYIKO
August 28, 2007 City Council
Meeting
Staff Planner: Carolyn A.K. Smith
REQUEST:
A6-2
mail
0-'
AG -2
(ITA)
Chan-ge to a Nonconforming Use for a 12 Non Conlorming Use
foot by 14 foot addition to the rear of an
existing duplex located on agriculturally zoned property.
ADDRESS I DESCRIPTION: Property located at 3257 Shady Pine Lane
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14837326670000 7 — PRINCESS ANNE 3.89 acres
The applicant requests to construct a 12 foot by 14 foot SUMMARY OF REQUEST
addition to the rear of an existing duplex located on
agriculturally zoned property. City records indicate that the dwelling was built in 1950, prior to the
adoption of a zoning ordinance for Princess Anne County. The current City Zoning Ordinance does not
permit duplex units on agriculturally zoned property; therefore, the duplex is considering nonconforming.
Since the use is nonconforming, approval from City Council for any modifications to the structure is
required. The requested addition will be used for bedroom space; however, the duplex unit being
expanded will remain a one (1) bedroom, one (1) bathroom unit.
The Health Department has reviewed and approved the request for the addition and a copy of the letter is
supplied in this report.
JOSEPH & FAYE MATYlKO
August 28, 2007 City Council Meeting
Page 1
EXISTING LAND USE: existing duplex
SURROUNDING LAND North:
USE AND ZONING: South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
AICUZ:
LAND USE AND ZONING INFORMATION
• Single-family dwelling / AG -1 & AG -2 Agricultural District
• Wooded, single-family dwelling / AG -1 & AG -2 Agricultural
District
• Wooded / AGA Agricultural District
• Single-family dwelling / AGA Agricultural District
The property is within the Southern Watersheds Management Area.
There do not appear to be any significant environmental issues or
cultural features on the site.
The site is in an AICUZ of Greater than 75 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
WATER & SEWER: The Health Department has reviewed and approved the request for the addition based on
the conditions outlined in the approval letter found at the end of this report.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request.
City records indicate that the dwelling was constructed in 1950. The small dwelling units, each one (1)
bedroom units with approximately 675 square feet of living area, have not been modified in many years.
The proposed enlargement is reasonable, will have a minimal impact, and should be as appropriate to the
district as the existing non -conforming use. The Comprehensive Plan recognizes this site to be within the
"Rural Area." As stated in the Comprehensive Plan, "it has been a long-standing policy of the City not to
allow the extension of urban infrastructure into the rural area of the City. The Rural Preservation Plan
allows reasonable levels of rural residential development to continue into the foreseeable future thus
ensuring that demand placed on public facilities will remain at or below what is deemed acceptable for
rural communities" (page 165).
Shady Pine Lane is a small roadway sprinkled with single-family and duplex units on property zoned
Agriculture. The dwelling units on Shady Pine Lane are surrounded by dense woods. The proposed
construction for an addition to the existing duplex will not be encroaching on the existing septic system,
JOSEPH & FAYE MATYlKO
August 28, 2007 City Council Meeting
Page 2
increase the number of bedrooms in the unit, and will not infringe on current agricultural operations or on
adjacent property owners' privacy or quality of life.
The request, therefore, is acceptable as submitted, subject to the following conditions.
CONDITIONS
1. The conditions required by the Virginia Beach Department of Public Health shall be followed as
outlined by that agency.
2. The approval shall be limited to the 12 foot by 14 foot addition as depicted on the submitted plan.
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
Departinent for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
JOSEPH & FAYE MATYIKO
August 28, 2007 City Council Meeting
Page 3
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PROPOSED SITE PLAN
JOSEPH & FAYE MATYIKO
August 28, 2007 City Council Meeting
Page 5
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AND
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Af0R7H LAAfD1AfG ROAD
sems, r
PROPOSED SITE PLAN
JOSEPH & FAYE MATYIKO
August 28, 2007 City Council Meeting
Page 5
do.
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PROPOSED BUILDING ELEVATION
JOSEPH & FAYE MATYlKO
August 28, 2007 City Council Meeting
Page 6
7�
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PROPOSED FLOOR PLAN
JOSEPH & FAYE MATYlK0
August 28, 2007 City Council Meeting
Page 8
VIRGINIA BEACH DEPARTMENT OF PUBLIC HEALTH
OFFICE OF ENVIRONMENTAL HEALTH
PEMBROKE CORPORATE CENTER III
4452 CORPORATION LANE
(757) 518-2646 VIRGINIA BEACH. VIRGINIA 23462 FAX: (757) 518-2642
11 ,
April 19� 2007,
Joseph %latyiko
- - . P;ne Lane
shad'.
Viminia Beach- VA -"4,-;6
Throuah: Clifton D. Horne
Environmertai Health Super-�;so:-
R e: 325- shad" ?�ne -'ane
7':�, 7
D,-.17 Mr. N I Z1 P, 1�0:
Based on an application received on April 9. 2007 this office has evaluare_-; your apphcaion to construct an
addition onto the referenced address. This evaluation x%as done in accordance with the requiremmzzs
zonzained in the Code of Virginia. Title 32.1-163. 32.21-11 64 and 32.1-16-1-2. Chapter 6. Arzicic 1:
common",311h 01' Vi`r2irria. State Board of Health. Sewage Hand�in,_, and Rezu'ations. 12000 -:
and current a2encN policy and procedures for processing applications for on-site sewage dis-posai systerns
,xi:h conditions. Your request to construct at, addifion onto the existing house has been APPROVED based
on tbe folloving conditions.
A. The proposed construction does nor encroach on the existing sept tic syst-m.
3. he add;tior, shall not be located over or xxithin ten i 10j fee-, of arN
pornon 0: me -_Qstun.� sep�ic
5N.Sierr.
C All pars of the exisim.- sepuc systern shall be Proteczed _�urinz the cons"-ct;on ofhe addizon.
T his includes not allo,,Ninp any construction equipment to travenie the drainfield or alllox ing an-,
construction materials to be staged overtop of the drainfield.
D.. T he number of, bedrooms will remain the same at TNVO. -rnc dwelling shall be occupied b% no
more than four (4) permanent residents.
The add -con, shall noz cncroach any zloser -.0 the txis%na well
Th,- addh-,or to ihe '-.ouz;� jcc:!ie� Qnovn c:, sue _nkl ho�%
is srakeZ .-, -'I,- �Z-id
Ifl cantie o`assistance or ifyouhave any questions regarding zhe abo�e- please feel free 71 �on-acz me
-2646, Office hours are S:15 arn until 10:00 arn, Mondaythrough Friday.
Sincere!%.
Brad DeLashnYun
Envirorimentz! Specia�ist I
CERTIFIED NIAIL-RETUWX REECIEPT REQUESTED
V/DHC'F �k'E"
HEALTH DEPT. APPROVAL LETTER
JOSEPH & FAYE MATYlKO
August 28, 2007 City Council Meeting
Page 9
ZONING HISTORY
JOSEPH & FAYE MATYlKO
August 28, 2007 City Council Meeting
Page 10
09/28/04
CUP (firewood preparation)
ranted
07/06/04
CUP (communication tower extension)
Granted
03/14/00
CUP (communication tower)
Granted
ZONING HISTORY
JOSEPH & FAYE MATYlKO
August 28, 2007 City Council Meeting
Page 10
cor..)
COD
-1 DISCLOSURE STATEMEi74T
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
21 7'- 7�, �/S , o e', -, FZ I
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessaty)
0 Check here if the applicant is NOTa corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
I & 2 See next page for footnotes
Non -Conforming Use Application
Page 8 of 9
Revised 5,22.,'06
JOSEPH & FAYE MATYlKO
August 28, 2007 City Council Meeting
Page 11
11 DISCLOSURE STATEMENT 11
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
fi7
"Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing. I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
J
Applicant's �Signature Print Name
41� bf
cz
Property Owner's Signature (if different than applicant) Print Name
Non -Conforming Use Application
Page 9 of 9
Revised 5i22 06
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DISCLOSURE STATEMENT
JOSEPH & FAYE MATYlK0
August 28, 2007 City Council Meeting
Page 12
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Thanh Cong Doan for a Conditional Use Permit for a
religious facility on property located at 4177 West Neck Road (GPIN 2402800135).
AICUZ is Less than 65 dB Ldn. DISTRICT 7 — PRINCESS ANNE
MEETING DATE: August 28, 2007
Background:
The applicant requests a Conditional Use Permit to allow use of the site for a
religious facility. The site is a 4.058 acre parcel, zoned AG -2 Agriculture, and is
developed with a structure recently used as a single-family dwelling.
0 Considerations:
The applicant proposes to conduct meditation services within the existing
structure on Sundays from 10:00 a.m. to 1:00 p.m. These services are typically
attended by 15 to 20 members. That level of attendance requires four parking
spaces under the regulations of the Zoning Ordinance. There are also three (3)
special events celebrated during the year: Chinese -Vietnamese New Year
(February), Buddha's Birthday (May), and another event in late -July or early -
August. Typically, 50 members attend each of those celebrations, which equates
to a requirement for 10 parking spaces. Services will be conducted within the
existing structure (a single-family home). Currently, the Master Monk and three of
his assistants reside in the dwelling. The applicant also has plans to construct a
self -standing meditation hall in front of the existing dwelling at some point in the
future; however, that portion of the proposal will be resubmitted at a later date
and is not part of this Use Permit request.
The applicant has widened the existing driveway on the site to accommodate the
vehicles of those attending services; however, the submitted site plan does not
identify the required parking on the site. Additionally, the existing entrances and
exits to the site will need to be upgraded and maintained to accommodate
access for emergency vehicles and visitors in such a way as to minimize any
potential traffic build-up along the adjacent roadways. Effective buffering for
adjacent residential uses will include landscape buffers planted along the
eastern, western, and southern property lines, along the roadway, and
throughout the proposed parking area. Staff has addressed these issues through
the conditions listed below.
Thanh Cong Doan
Page 2 of 3
The Comprehensive Plan recognizes this area as agricultural / rural with uses
related to farming, forestry, rural residential and other rurally compatible uses.
Religious facilities such as this conform to the Comprehensive Plan's
recommendations for this area.
There was opposition to the request.
E Recommendations:
The Planning Commission passed a motion by a recorded vote of 6 to 5 to deny
the request.
Staff recommendation to the Planning Commission was for approval of the
request with the following conditions:
1. The applicant shall obtain all necessary alteration permits and a Certificate
of Occupancy for the change of use from the Department of Planning
Permits and Inspections Division and the Fire Department before
occupancy and use of the existing building for a religious facility.
2. The applicant shall obtain approval from the Virginia Department of Health
for the increased use of the building and any required improvements to the
wastewater and water supply systems.
3. The applicant shall submit a site plan to the Department of Planning /
Development Services Center for the development of the required parking
and landscaping improvements to the site.
4. Category IV screening shall be installed along the eastern and southern
property lines. The landscaping along the sides of the property shall begin
at the intersection of the side lot lines with the front property line. There
shall be a minimum 20 -foot landscape bed provided. Existing landscaping
along the western property line shall be maintained. If the landscaping
dies or is replaced it shall be replaced with Category IV screening.
5. There shall be no more statues installed on the site. All existing statues
shall meet the required front yard, rear yard and side yard setbacks.
6. The applicant shall submit a photometric plan for review and approval.
7. Meditation services are limited to Sundays, 10:00 a.m. to 1:00 p.m. There
shall be no more than 20 individuals, or the number of individuals
approved by the Building Official, Fire Official, and Health Department,
whichever is less, on the site during services.
8. Special observances are limited to three events per year: Chinese /
Vietnamese New Year (in February), Buddha's Birthday (in May) and
Thanh Cong Doan
Page 3 of 3
another event in late -July / early -August. There shall be no more than 50
individuals, or the number of individuals approved by the Building Official,
Fire Official, and Health Department, whichever is less, on the site during
services.
9. The applicant shall resubmit an application to the Planning Commission
and the City Council for review and approval of the proposed self -standing
meditation hall. The meditation hall is not approved with this Conditional
Use Permit.
10. Administrative review shall be conducted yearly by the Zoning
Administrator for compliance with the conditions of the use permit. Failure
to comply with the conditions shall result in revocation of the use permit.
The use permit shall expire five (5) years from the date of City Council
approval.
Aftachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
denial.
Submitting DepartmentlAgency: Planning Department
City Manage ��r
THANH CONG
DOAN
Agenda Item 15
July 11, 2007 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Conditional Use Permit for a Religious Facility
ADDRESS / DESCRIPTION: 4177 West Neck Road
Thanh Cono-Doan
1_10
CUP for Wigious Fadlity
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
24028001350000 7 - PRINCESS ANNE 4.058 acres
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow
development of the site for a religious facility. The applicant proposes to conduct meditation services on
Sundays, 10:00 a.m. to 1:00 p.m. Typically, 15 to 20 member's attend services, which requires four
parking spaces under the regulations of the Zoning Ordinance. There are three special events celebrated
during the year Chinese / Vietnamese New Year (February), Buddha's Birthday (May), and another event
in late -July / early -August. Typically, 50 members attend each celebration, which requires 10 parking
spaces. Services will be conducted within the existing structure (a single-family home) for up to five (5)
years. Currently, the Master Monk and three of his assistants occupy the dwelling.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: A single-family dwelling occupies the site.
SURROUNDING LAND North: 0 West Neck Road
USE AND ZONING: 0 Across West Neck Road are single-family dwellings and a
nursery / AG -2 Agricultural
South: 0 Farm Fields / AG -1 and AG -2 Agricultural
East: 0 Vacant parcel / AG -2 Agricultural
West: 0 Single-family dwelling / AG -2 Agricultural
NATURAL RESOURCE AND The site is located within the North Landing River water.s
CULTURAL FEATURES: Southern Watershed Management Area of the City. 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. The use is compatible within this AICUZ.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess
Anne Road in the vicinity of this application is a two-lane undivided minor suburban arterial. There is
currently no Capital Improvement Projects (CIP) 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
Volume
Present Capacity
Generated Traffic
West Neck Road
2,913 ADT
9,900 ADT
Existing Land Use " —10
ADT
Proposed Land Use 3_
223 ADT
rwel clum U—Y . "P.
2 as defined by a single-family dwelling
3 as defined by a religious facility
WATER and SEWER: The applicant will need approval from the Health Department for a new on-site
wastewater system and water supply.
SCHOOLS: School population is not effected by the request.
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request with the conditions below.
Comprehensive Plan:
The Comprehensive Plan recognizes this area as agricultural / rural with uses related to farming, forestry,
rural residential and other rurally compatible uses. The proposal conforms to the Comprehensive Plan's
recommendations for this area.
Evaluation:
The purpose of a conditional use permit is to recognize that certain uses by their nature can have an
undue impact upon or be incompatible with other uses of land within a given zoning district or area. These
uses may be allowed to be located within the district under the controls, limitations and regulations of a
conditional use permit. The applicant proposes use of the existing single-family dwelling for religious
services up to five (5) years. The applicant obtained a building permit to widen the existing driveway on
the site; however, the submitted site plan does not identify the required parking on the site. Additionally,
the existing entrances and exJts to the site will need to be upgraded and maintained to accomm , odate-:-:�...:::-.
THANH::.00NG* DOAN..
Ite."' � M 15
access for emergency vehicles and visitors in such a way as to minimize any traffic build up along the
adjacent roadways. Effective buffering for adjacent residential uses will include landscape buffers planted
along the eastern, western, and southern property lines, along the roadway, and throughout the proposed
parking area. Staff has addressed these issues through the conditions listed below.
CONDITIONS
1. The applicant shall obtain all necessary alteration permits and a Certificate of Occupancy for the
change of use from the Department of Planning / Permits and Inspections Division and the Fire
Department before occupancy and use of the existing building for a religious facility.
2. The applicant shall obtain approval from the Virginia Department of Health for the increased use of the
building and any required improvements to the wastewater and water supply systems.
3. The applicant shall submit a site plan to the Department of Planning / Development Services Center
for the development of the required parking and landscaping improvements to the site.
4. Category IV screening shall be installed along the eastern and southern property lines. The
landscaping along the sides of the property shall begin at the intersection of the side lot lines with the
front property line. There shall be a minimum 20 -foot landscape bed provided. Existing landscaping
along the western property line shall be maintained. If the landscaping dies or is replaced it shall be
replaced with Category IV screening.
5. There shall be no more statues installed on the site. All existing statues shall meet the required front
yard, rear yard and side yard setbacks.
6. The applicant shall submit a photometric plan for review and approval.
7. Meditation services are limited to Sundays, 10:00 a.m. to 1:00 p.m. There shall be no more than 20
individuals, or the number of individuals approved by the Building Official, Fire Official, and Health
Department, whichever is less, on the site during services.
8. Special observances are limited to three events per year: Chinese / Vietnamese New Year (in
February), Buddha's Birthday (in May) and another event in late -July / early -August. There shall be no
more than 50 individuals, or the number of individuals approved by the Building Official, Fire Official,
and Health Department, whichever is less, on the site during services.
9. The applicant shall resubmit an application to the Planning Commission and the City Council for
review and approval of the proposed self -standing meditation hall. The meditation hall is not approved
with this Conditional Use Permit.
10. Administrative review shall be conducted yearly by the Zoning Administrator for compliance with the
conditions of the use permit. Failure to comply with the conditions shall result in revocation of the use
permit. The use permit shall expire five (5) years from the date of City Council approval.
THANH'-Q.QNG-Q..(
.�kq.6nda Itef
P.
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.
AERIAL OF SITE LOCATt'oN:..,..'*
................ ...... ........ ....... .........
.......... .........
1777— ......... ..............
......... ......
wr n cr I
B7
. ............................. .... ......
...............
.............. ...... .... . .. ..........................
........... . . ...............................
. ...................... .
^7 -7
. . . ............
PROPOSED
THANR"CONGROAN..
5,
..-A�.bnda
N"' 6
1.
5/10/94
12/8/80
Conditional Use Permit (Single-family dwellings)
Subdivision Variance (Pavement Width)
Denied
Approved
2.
8/10/04
Rezoning (AG -1 & AG -2 Agricultural to Conditional B-2
Denied
Business) and Modification of Conditions (Conditions
attached to Conditional Use Permit approved 11/24/98)
11/24/98
Conditional Use Permit (Alternative Residential
Approved
I Development)
I __j
I DISCLOSURE STATEMENT I
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
INT"all b7u'sin7=;thaMv'ga"parent!s6bsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
0 Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
0 Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& ' See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes No
If yes, what is the name of the official or employee and the nature of their interest?
Conditional Use Permit Application
Page 9 of 10
Revised 7/13/2006
pq
CAP:)
WQ
co".)
DISCLOSURE STATEMENT
I,,*- ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
'7CItL Ak_ "vWW
7M'l
—De R4- ly)-in-7 CUy-Veyol--
IMAM WMI P,'�,d
01 EN, I I Em -
1 "Parent -subsidiary relationship" means "a r'e"latio-nship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photogra
,ph and view the site for purposes of processing and evaluating this application.
L/T V
Applica-nTs— Signature Print Name
Property Owner's Signature (if different than applicant)
Print Name
Condibonal Use Permit Application
Page 10 of 10
Revised 7/13/2006
Item #15
Thanh Cong Doan
Conditional Use Permit
4177 West Neck Road
District 7
Princess Anne
July 11, 2007
REGULAR
Barry Knight: Mr. Secretary
Joseph Strange: The next item is item 15. An application of Thanh Cong Doan for a
Conditonal Use Permit for a religious facility on property located at 4177 West Neck
Road, District 7, Princess Anne, with nine conditions.
Kevin Brunnick: I'm sorry. I'm Kevin Brunnick again. I was late getting my card in.
Ed Weeden: Please speak into the microphone.
Kevin Brunnick: I'm sorry. Kevin Brunnick again, I'm here for the applicant. Ladies
and gentlemen, I do represent Mr. Doan, who is a Buddhist Monk. This application, of
course, is for a Conditional Use Permit for Mr. Doan to conduct Buddhist services at the
premises. This is a single-family dwelling and would remain a single-family dwelling.
The application does not envision making any architectural changes interior or exterior.
They average about 20 individuals in the partaking of the services one day a week on
Sunday between the hours of 10:00 am and 1:00 pm. There are certain holidays in the
Buddhist religion specifically three when there are larger gatherings. There would be
somewhere in the neighborhood of 50 individuals on these three days. My understanding
is the New Year, Buddha's Birthday, and there is another celebration, I believe it is
referred to Mother & Father Day. The services all take place in the dwelling. There is no
music involved. It is basically meditation and chanting. We believe this application
presents little or no impact on the existing neighborhood and the uses in the property that
are adjoining. I have reviewed with my client the conditions, which the staff has
indicated would merit a condition of approval and my client has no problem with any of
that. If I can answer any questions, I will be happy to do that.
Barry Knight: Are there any questions of Mr. Brunnick at this time? Thank you. Mr.
Strange?
Joseph Strange: Speaking in support of the application we have Samantha Niezgod.
Barry Knight: Welcome ma'am.
Samantha Niezgod: Good afternoon. I'm Samantha Niezgod, and I'm a member of the
temple.
Item #15
Thanh Cong Doan
Page 2
Barry Knight: Would you like to tell us the reasons you support this application in this
particular area?
Samantha Niezgod: Absolutely. It has been in place there for about 16 months. They
are very quiet. It is a small setting. There have been no problems. There is ample
parking. They have kind of horseshoe kind of parking that is extended out, when there is
a larger crowd there is always somewhere.
Barry Knight: We understand ma'am. Are there any questions at this time? Mr.
Horsley?
Donald Horsley: Do you live in this area?
Samantha Niezgod: I do. not.
Donald Horsley: Thank you.
Barry Knight: Mr. Henley.
Al Henley: When you do meet, approximately how many cars do you anticipate come up
with the members of the temple?
Samantha Niezgod: On a typical Sunday, probably maybe 7 or 8 vehicles, maybe.
Al Henley: Okay. Thank you.
Samantha Niezgod: Thank you.
Barry Knight: Are there any other questions? Is there anything you wish to add at this
time?
Samantha Niezgod: Just that I love it. It is very quiet. It is very peaceful. They don't
bother anybody. They are not intruding on anything.
Barry Knight: Okay. Thank you ma'am.
Samantha Niezgod: Thank you.
Joseph Strange: Our next speaker in support is Scott Dilatosh.
Barry Knight: Welcome sir.
Scott Dilatosh: Hi. It's nice to see you.
Barry Knight: Please step up the microphone. Please identify yourself for the record.
Item #15
Thanh Cong Doan
Page 3
Scott Dilatosh: Sure. Scott Dilatosh, artist in the garden, a local landscape contractor.
plan on beautifying the place quite a bit. I have about 26 years of solid landscape
experience, mostly with drop trap and low maintenance plantings. My intention was to
beautify the place so much that it will definitely enhance the beauty of Virginia Beach.
That is my main thing that I wanted to say.
Barry Knight: Okay. Thank you. Ms. Wood?
Dorothy Wood: What do you plan to do to landscape, if you don't mind me asking?
Scott Dilatosh: Oh sure. Well, twice now, the City of Virginia Bach has awarded me
first place award for water wise landscaping.
Dorothy Wood: Congratulations. That is great.
Scott Dilatosh: Thank you. That is what I want to do there, is use plants that require
very little water, if any at all. They have an irrigation system set up for part of it already,
but for the perimeter areas that you guys would like to see fixed up, that is not requiring
any watering system whatsoever. They will grow very rapidly, the plants that I choose
for buffering.
Dorothy Wood: What type of plants are they? Are they something that I'm familiar
with?
Scott Dilatosh:' Yes. Most people never heard of them. The plants that I use are
Eucalyptus.
Dorothy Wood: Yes. I've heard of it.
Scott Dilatosh: They are from Australia, but the Eucalyptus that I use are Tasmania, and
I might neglect the Latin name of the best one because you can neglect it and it will still
stay alive, but they are grow unbelievably quick. They are luscious wonderful plants.
Dorothy Wood: It sounds like you have a wonderful business. Thank you.
Scott Dilatosh: Oh. It's a lot of fun.
Dorothy Wood: Okay. Thank you.
Barry Knight: Are there any other questions? Thank you sir.
Joseph Strange: Our next speaker speaking in opposition is Michelle Fryman.
Barry Knight: Welcome ma'am.
Item #15
Thanh Cong Doan
Page 4
Michelle Fryman: Good morning. My name is Michelle Fryman. I live at 2429 West
Landing Road, which intersects with West Neck Road. I am concerned about added
traffic. When you spoke about the Raceco and how that captures traffic that is already
there, this would definitely increase traffic in an agricultural area whose roads are not
designed to handle more traffic. The danger of the intersection of West Neck Road and
Princess Anne Road, along with traffic on West Neck Road. I am also concerned about
the value of the area. It is a residential area. I believe other commercial properties have
tried to get permission to build there, and because it has been promised to stay residential,
they did not get approval. As a homeowner, I don't want anything but houses there. I
understand, as of right now, they might have withdrawn the meditation hall that is in the
proposal, but once they get approved I don't see how that can change them from going on
and adding that in the future.
Barry Knight: Well ma'am, this Conditional Use Permit here absolutely prohibits that,
and yes, they can apply for anything in the future, but the conditions they have tightened
on, they are not going to add any more statutes or any buildings. That is certainly off the
table.
Michelle Fryman: Currently, in the past year, since the home was purchased by the
temple, there has been a lot of added traffic. You definitely see a lot of cars and people
coming and going out of the horseshoe area.
Barry Knight: Thank you. Are there any questions? Ms. Wood.
Dorothy Wood: The lady that just spoke said there is about only 7 or 8 cars on Sunday.
You've seen more than that?
Michelle Fryman: I believe I seen close to 15, but I have not walked and actually
counted.
Dorothy Wood: Just on Sunday morning?
Michelle Fryman: On Sunday morning and I want to say another day maybe Saturday
too, on the weekend but I'm not definite.
Dorothy Wood: Is this every weekend or just some weekends as if like you had a party at
your house?
Michelle Fryman: It seems to me that it is every weekend.
Dorothy Wood: Thank you.
Michelle Fryman: That it is more common than your just having the family over for a
cookout.
Item #15
Thanh Cong Doan
Page 5
Dorothy Wood: Okay. Thank you.
Michelle Fryman: Okay. Thank you.
Barry Knight: Are there any other questions? Thank you ma'am.
Henry Livas: Have you seen evidence of parking during the special events where they
have up 50 people, I believe?
Michelle Fryman: All that I can say is that I've seen parking around the horseshoe, but
driving by, I have never seen anyone helping people park, but it definitely looks crowded.
When you drive by you notice all the cars around. Before we even knew that it was a
temple we knew something was going on there, that it wasn't a home.
Barry Knight: Are you through Mr. Livas? Ms. Anderson?
Janice Anderson: The conditions that they have placed on it would be Sundays from
10:00 am to 1:00 pm only. That would probably help the situation then if they put
conditions on it to what it is now. Would you say they have more activity than that?
Michelle Fryman: I just know there is a lot of traffic going up and down that road. I think
it brings in more traffic, and when I moved there, it is a residential area. When it went up
for sale, and I forget her name, but when I spoke to the real estate agent who lived there
in the past, and was selling her home, it was set up as a home for a family even large
enough for a mother-in-law suite to live in there.
Barry Knight: Are there any other questions of Ms. Fryman? Mr.Crabtree?
Eugene Crabtree: Is there a family living there now?
Michelle Fryman: From the reading, it seemed like, and I don't know if my terms are
correct, but in the proposal, it looked there was a master monk and his two assistants that
were living there.
Eugene Crabtree: But not a family per say?
Michelle Fryman: Not that I have read in the paperwork that I received.
Barry Knight: Are there any other questions? Thank you Ms. Fryman.
Michelle Fryman: Thank you.
Joseph Strange: The next speaker in opposition is John Chimblo.
Barry Knight: Welcome sir.
Item #15
Thanh Cong Doan
Page 6
John Chimblo: Good afternoon ladies and gentleman of the Board, I know it is along
time past 12:00 here.
Barry Knight: Please identify yourself please.
John Chimblo: What I noticed here today.
Barry Knight: Please identify yourself for the record.
John Chimblo: John Chimblo.
Barry Knight: Thank you.
John Chimblo: What I have noticed today is that everybody that comes here has
concerns about their neighborhood, their safety, how you buy into Virginia Beach, and I
came herein the late 90s and bought a nice farm on West Neck in due diligence to what
would be around my property, and what will it look like in the future. Originally I was
told it would be a temple they were building there, which I would definitely be opposed
to because of traffic and safety issues, and the community that I live in would change as I
feel a lot. As far as them worshipping in their own home or having a small gathering, I
couldn't see it anything different as someone having a party or just like having a group
over. My concerns are what happens from here forward, and what checks and balances
would the Board put in there if there are more than 50 people, if we do see traffic
increase. Will they hire an off duty officer to be at the comer of Princess Anne and West
Neck to help with possible traffic problems? How would their septic system hold up?
Where would they park 50 cars? As it stands now, I do go by on Sundays, and it doesn't
seem to be that much of an issue, as it stands right now.
Barry Knight: Sir, in the conditions, this is a Conditional Use Permit and at any time the
conditions are not met of the Conditional Use Permit, Ms. Lasley in Zoning
Administrative Office would take steps to get them back into compliance or to revoke
their Conditional Use Permit. That is in the conditions. As far as the septic tanks issues
and such, Mr. Henley has asked the representative from the State Health Department to
come to address that and that, will be in a few minutes. They are going to answer that
question for you in a few minutes.
John Chimblo: Okay. Thank you. I really don't have a problem if it is just a small
gathering, but what happens to the checks and balances. Thank you.
Barry Knight: Thank you sir.
Joseph Strange: Our next speaker in opposition is Donna Franken.
Barry Knight: Welcome Donna.
Item #15
Thanh Cong Doan
Page 7
Donna Franken: Thank you. My name is Donna Franken. I am here this afternoon to
represent our home, or my husband and myself, Dan and Donna Franken. We live at 4161
West Neck, which is west of the proposed religious facility. We are their next door
neighbors.
Barry Knight: Donna, would you mind pulling up that laser up on your front left. Just
lift that off and point over there and show everyone where your house is please?
Donna Franken: I'm right here.
Barry Knight: Come on down.
Donna Franken: Here?
Barry Knight: Nope. Come on down.
Donna Franken: Right here.
Barry Knight: To the right.
Donna Franken: Sorry. Where is the facility?
Barry Knight: The facility is outlined. There you are.
Donna Franken: Thank you. Sorry, I'm not good. I teach reading at school. I'm a
reading teacher. My main concern is to give you some background. My husband has
retired from the Navy. We moved on West Neck ten years ago knowing fall well that it
was agricultural residential. We love it. We raised our family there. I am very
concerned that this facility is not remaining a house. That is what it was built for. We
moved in 1998. The house was built and occupied by one family that relocated to
Florida. The second family lived there for a couple of years and had since sold it to the
Parishioners, the proposed religious facility. They are very nice gentle people. That is
not my objection. My objection is it is a residence. If our great city doesn't follow its
Comprehensive Plan and keep it as a residence, we start a slippery slope. We're setting
in motion the action for other facilities to move into a house with different ideas. That is
my main concern. I could go into environment, the septic tank, the sewage, the well
water. We are all on that. In that perimeter there are about nine houses in a 15 acre
perimeter. We are on four acres. We all have septic tanks. We all have wells. We're all
concerned about our environment.
Ed Weeden: Ms. Franken, you have about 45 seconds left.
Donna Franken: I'm talking to long? Sorry. Let me close. I'm very passionate about
this. This is a residence and should remain a residence. Thank you for your time.
Item #15
Thanh Cong Doan
Page 8
Barry Knight: Ms. Franken?
Donna Franken: Yes.
Barry Knight: Are there any questions for Ms. Franken? She is the closest neighbor
affected. Thank you ma'am.
Donna Franken: Thank you.
Joseph Strange: The next speaker we have in opposition is Amy Lang.
Barry Knight: Welcome ma'am.
Amy Lang: Good afternoon. My name is Amy Lang. I live at 1476 Princess Anne Road
and I'm here to represent myself and my husband. We are opposed to this permit. It has
been an established residential single family neighborhood surrounded by agricultural
uses. We have lived in this area for 21 years now. We are requesting that it remain as a
residential. We feel that this is the best use for the property. We are definitely opposed
to the future growth and the future building that will be proposed for the front of their
yard in front of the existing 6,000 square foot home. In approximately August 04, the
NAPA Auto Parts store was disapproved in its petition for a commercial conditional use
on an adjacent parcel. At that time, City Council established that this area is not to be a
commercial node. If it was approved it sets a precedence for commercial use in this area,
which opens the door for surrounding properties. This area is not appropriate for
commercial. It does not conform to the City's Comprehensive Plan and the City's vision
for the southern part of the City.
Barry Knight: Thank you Ms. Lang.. Ms. Lang, you live right across the street from
West Neck Extended?
Amy Lang: Yes sir. We live right there (pointing to PowerPoint).
Barry Knight: Thank you. Are there any questions for Ms. Lang?
Dorothy Wood: Ms. Lang, how many cars do you see on an average Sunday?
Amy Lang: I'm generally in my house of worship, but when we drive pass there, ten, and
that is they're small status right now, not the proposed 150 parishioners.
Barry Knight: Are there any other questions? Mr. Redmond?
David Redmond: Ms. Lang, what led you to believe that this doesn't conform with the
Comprehensive Plan, and it's the staff's judgment that it does?
Amy Lang: It does?
Item #15
Thanh Cong Doan
Page 9
David Redmond: What were the Comprehensive Plan recommendations of this area?
Amy Lang: There are existing commercial nodes at the intersection of Princess Anne and
Indian River. They have the NAPA auto parts store, which is a little bit further down
Princess Anne. We have commercial at Creeds and all that. They told us at the City
Council meeting that this was not an area. You would wind up putting alight there. It is
tough enough now for me to get in and out of my driveway at that intersection. There are
a significant number of accidents there. Do we want the entire Princess Anne corridor to
be a commercial area? I believe the City recently had a study done for larger, upscale
housing they would want them on the larger lots. This is one of those things where they
didn't think that this area was going to have commercial. We've lived for 20 yeas. It has
been a residential agricultural area. We don't want a large strip mall besides us. It is
vacant parcel between that facility and our facility. I don't want a Raceco across from
me.
David Redmond: Ms. Christie, you were the one who authorized this piece in our
package. Could you speak to that a little bit? Because we have now on a couple of times
heard that it does not conform to the Comprehensive Plan. Can you sort of weigh in on
this please?
Faith Christie: Well, a church is not considered an commercial establishment. And
churches are allowed in all of our zoning districts by a Conditional Use Permit with the
exception of the industrial districts. Churches, you would expect to find them in areas
that people live in.
Amy Lang: It was my understanding that this is the Buddhist education center of
America not just Pungo, Virginia Beach or Virginia. They are going to have English as a
second language class and all. I just don't believe this is just there for their specific
meditation purposes.
Barry Knight: Are there any other questions of Ms. Lang? Thank you ma'am. Ms.
Wood?
Dorothy Wood: One questionfor staff. Do we have other churches there in residential
areas?
Faith Christie: The majority of our churches are located within residential areas and
provide services to their parishioners other than church services on Sunday.
Dorothy Wood: Such as daycare or Sunday school. Weddings? Okay. So this really fits
in there. Thank you.
Barry Knight: Are there any other speakers Mr. Strange?
Joseph Strange: There are no other speakers.
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Barry Knight: Louis?
Louis Cullipher: I signed the card.
Barry Knight: I thought you did. That is why I double checked. Please come forward.
And Louis, when you come up here, if you have any trouble identifying your house since
you read these maps for thirty years, I'll be embarrassed. Louis. Welcom�.
Louis Cullipher: Mr. Chairman, members of the Planning Commission, I'm Louis
Cullipher, and I reside, my wife and I in the audience, 1449 Princess Anne Road.
Barry Knight: The other one Louis. That is the microphone.
Louis Cullipher: I reside right there (pointing to PowerPoint). I'm oppos�d to this
application for the following reasons. I will certainly be brief. It mentioned about traffic
and I know that traffic count in the handout. I questioned when that was done. Also, I
observed stacking at the intersection of Princess Anne and West Neck as it cuts through
Indian River Road. There have been many accidents at that intersection. Also, if it is not
a problem, why are we improving West Neck Road, north of Indian River Road? I think
that is on the schedule. The write up states that it is consistent with the Comprehensive
Plan, and we just had a discussion of that, but I would argue that this facility, which is a
very large facility, it has recently doubled the parking area. In fact, the previous speaker
just mentioned they have increased the parking area. It is a "U" shaped and to have so
many cars they had to have a parking attendant to help them park those cars. It has been
operating for 15 months. I'll talk about that in that area a little bit later. Also, I think this
is one of the best examples of preserved farmhouses in the City of Virginia Beach. If you
stand at the property and you look north there is a saltbox type house that was built in the
1800, if you got a little bit further north there is a country store that has been preserved. It
used to be a post office. There is another two-story structure. Also, the previous speaker
mentioned that her house, that was a parsonage. If you want to see a smile, talk to some
of the seniors in the southern part of the city, and say, I was married in that house. They
still refer to that as a parsonage. The next house, as you go east is Ms. Crafts house. She
is now deceased. A beautiful two-story house. She told me that there is a house in the
back that Mr. John B. Dew was born in. Everybody knows the reputation that Mr. Dey
was and the property. Also, the box woods on the mansion on Macay Island. Mr. and
Mrs. Napshane selected the box woods from that property back in the 20s. I guess one
question that I have is, I think it has been pretty obvious that this activity has been active
for many, many months. How can this happen? It was also mentioned in the Council
meeting last night or certainly inferred that if an authorized activity continues and nobody
complains it is okay for that to happen. If that is true, what assurance do We have that
these Conditional Use Permits will be enforced? It certainly is not being enforced now.
Ed Weeden: Sir. Your time is up.
Barry Knight: Louis, I'll sponsor you.
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Louis Cullpher: Okay. Thank you Mr. Chairman. The landscaping in Kempsville and
Oceana years ago looks like it does now. The only remnant of landscape and visual
quality that we have left in the City of Virginia Beach, the taxpayers through the ARP
program is being spent to preserve this little bit of rural culture that we have left. And, if
you approve this application, you certainly are going to compromise that program. So, I
request that you deny this application. I'll be glad to answer any questions.
Barry Knight: Mr. Cullipher? Ms. Wood?
Dorothy Wood: Mr. Cullipher, you wouldn't be upset if it was just 15 to 20 people then.
As staff has said there are a lot of churches. I know there are farm stands, which are
commercial in that area. Aren't there some farm stands?
Louis Cullipher: Yes ma'am. I'll be delighted to have as many cars I've heard some
people count at this establishment.
Dorothy Wood: So,if it is only 15 people?
Lois Cullipher: No ma'am. There have been a lot more than 15, that I have been told.
Dorothy Wood: Every Sunday? Really?
Louis Cullipher: I'm not sure of the time, but there have been some auto counts.
Dorothy Wood: Thank you sir.
Barry Knight: Are there any other questions of Mr. Cullipher? Thank you Louis.
Louis Cullipher: Thank you Mr. Chairman.
Barry Knight: Mr. Strange? Any other speakers they didn't sign up to speak? Okay.
Mr. Brunnick?
Kevin Brunnick: Thank you, Kevin Brunnick for the applicant. I just want to reiterate. It
is going to stay at that house. There are not going to be any changes made architecturally
inside or outside the house. I think when people envision a church they envision the type
of churches they're used to, large structures, pews, choirs. The Buddhist do not worship
that way. It is basically chanting, meditation. It's not all communal service. These are
people that will come and go at different times during that time frame that has been listed
in the application. They are not interested in making any physical changes. I believe,
and certainly staff does indicate that traffic is a problem on that road especially when
they're not all meeting at the same time. I believe the conditions of approval as
recommended by staff are sufficient to address my main concerns that have been
expressed today.
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Barry Knight: Thank you. Mr. Henley? Mr. Horsley? Who's first?
Donald Horsley: He said I could go first.
Barry Knight: Okay.
Donald Horsley: First that is that I just want to reiterate a couple of comments that I
heard Mr. Cullipher make. The rural end of the southern end of the city, we've gone to
great lengths to try and maintain the heritage that has been done there for many, many
years. I know that we have religious establishment in residences in other parts of the city,
but I may know of one that has a sign on it at the southern end of the city that says it is a
church or whatever. But I think that when we start allowing these things to change the
rural residences, regardless of whatever they are, whether it be this facility or another
facility of a similar nature, I don't care what type of religion it is, that's immaterial, its
just that change, we battle against over population in the southern end of the city, and we
get residences down there that we think we can reside with, and then we change and do
other things that seem to bring more people down there, which is not a bad thing. We
like for them to see our rural heritage and rural culture that we have down there, but I
think we've heard from many people, people who have moved down there, people that
have lived there all of their life. They just think this is not the right thing. I agree with
them. It seems like churches or religions establishments in the rural area are established
in other areas or little nodes. They are just not in residential corridor as this one is. This
is a residential corridor in an agriculture areas is what it is. And I think that this just
doesn't fit the character of the southern end of the city. They need to find another
location that would better suit me I probably would support it. But not in an area where
residences who are in opposition and rightfully so, I don't think they want nice homes
built beside them and all of a sudden they change it to something else. You buy into an
area and then it changes into something else. In Kempsville we have this and other parts
of the city too. This is a little different. Living in Kempsville is different than living in
Pungo, or Blackwater or Creeds. Just a little bit different. We don't have the magnitude
of the population down there, and I guess these are more noticeable. They just don't fit
into the rural character that we have. So, so I tend to lean to support the majority to what
I've heard said here today. I think it should stay a residence and I'm not in favor of this
Conditional Use Permit today.
Barry Knight: Mr. Henley? Did you have someone here that you want to speak?
Al Henley: I do. Also, I would like to bring the applicant's representative up. I have a
couple or questions for him. There was a statement earlier that you have been using this
facility for the past 16 months.
Kevin Brunnick: That wasn't made by me.
Al Henley: I know it wasn't. Can you tell me how long has he owned this property? How
long have they owned this property?
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Kevin Brunnick: I would like to say less than 2 years. I may have that ex. , act date. I
didn't bring my entire file with me. So, I apologize. I would say 15 months.
Al Henley: During those 15 months when did the first meetings begin after ownership?
Kevin Brunnick: I can't tell you that.
Al Henley: Is there anyone here who can tell me?
Kevin Brunnick: I believe so. This is not the owner.
Barry Knight: Mr. Brunnick? Please get him to identify himself
Michael Nguyen: My name is Michael Nguyen.
Barry Knight: Did you hear Mr. Henley's question? Would you like to repeat it Mr.
Henley.
Al Henley: The question is sir, you have owned this property roughly? The facility has
owned this property for approximately 15 or 16 months. Is that correct?
Michael Nguyen: Yes sir.
Al Henley: And, when was your first meeting occurred at this facility9
Michael Nguyen: Master Doan is the owner. He is the residential master monk. Before
he bought this house, he was at a different location. He had been doing it for several
years. And he basically master monk, he worshiped and he practices his and some people
come. I am not sure how long. Normally people will come on a Sunday since he lived
there. I'm not quite sure how many people go on Sunday, but that is what he has been
doing for the last 10 years. That is what he does. He practices Buddhism in his home.
Al Henley: Would you say it would be reasonable to say that since the Master Monk has
purchased this property that meetings have gone on there since the beginning of his
ownership and residence there?
Michael Nguyen: Yes sir.
Al Henley: Tnak you very much. The second question is this, and you may want to stay
there, I understand that recently there was an addition, a widening of the driveway, the
horseshoe shaped driveway to quite a bit of density. What was the reasonl The purpose
of that?
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Kevin Brunnick: My understanding was to basically have established concrete parking
for these additional vehicles that would be there during that Sunday services as opposed
to parking on grass.
Al Henley: So, to accommodate the proposed parking of the additional attendees.
Kevin Brunnick: That is correct.
Michael Nguyen: The purpose of parking spaces, and what Mr. Doan has done,
ingress/egress, in and out easier because the driveway is kind of small, so sometimes the
goes on the grass. We want to keep nice grass so it was to get in out easier.
Al Henley: Two other questions. Do you know where the well is located on this
property9 Is on the rear or the front?
Michael Nguyen: I don't remember.
Al Henley: Does anyone here know? Does the Master Monk know where the septic tank
or a well? Does he realize he has a well and a septic tank?
Michael Nguyen: To the best of my knowledge, I believe there is one behind the house.
Al Henley: The septic tank.
Michael Nguyen: Yes sir. The septic tank? Yes sir. There is one behind the house on
the left hand side behind the house.
Al Henley: Thank you very much. That is all the questions that I have.
Barry Knight: Come back up please sir. Mr. Livas?
Henry Livas: I just want you to comment on the fact that would it be 15 or 20 members
on a Sunday, and then 50 for special occasions because several people have come up here
and indicated there are a lot more attendees on Sunday. One person even projected that
you are maybe having some national events with up to 150 to 200 people. Would you
comment on that?
Kevin Brunnick: Is your congregation state wide or a national congregation?
Michael Nguyen: Yes. Basically, Buddhism is in Virginia. It is a very small
community. We don't have a large membership. Just members they come and they go.
Basically, to answer your question, you asked about 100 to 150? A long time ago we
thought about maybe building something and that would increase the people, but we have
decided not to do that. He just wants to live in his home and practice Buddhism and
people come. So there are probably about 20 people on Sunday, but not at the same time.
Item#15
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Basically, I take my family and wife and kids. Some Sundays we come there. We have
prayer and we leave with the family. I have four kids. Me and my wife leave, same as
the other families. Some stay and some don't. So, there are about 20 in and out. Not at
the same time. I don't go every Sunday. So, the 100 or 150, we don't have that. We
were going to have a structure, but we decided not do it. We're going to keep it that way.
No changes in and out. It is just a permit to have services.
Kevin Brunnick: Where do your parishioners come from? Do they come from Virginia
Beach? Chesapeake? How far do they come from?
Michael Nguyen: Most of the residents are around Virginia Beach. In Chesapeake, we
have a small type of Buddhism. The same in the residential area, which there is on in
Chesapeake. I forgot the name, but normally it is close to my home. I go to this
particular location. There is one in Chesapeake so most residents in Virginia Beach
would go attend this one since it is the only one in Virginia Beach to offer services that
the community or my family can take there on Sunday and go home.
Barry Knight: Is that all your questions Mr. Livas? Mr. Crabtree?
Eugene Crabtree: It says in the conditions, it addresses the Chinese New Year in
February. It also address Buddha's birthday in May. The other event in late July or
August, I don't recall what that would be in the Buddha religion. I don't think it would
be anything to do with Confucius or anything like that in that time of year. But, my
question is this. If these things, how many more people or how much more traffic will be
included during Chinese New Year, Buddha's birthday or the event in July and August?
What is the event in July and August? I lived in China for a long time and I don't recall
what it is.
Michael Nguyen: Yes sir. July and August is the Father/Mother Day. We remember just
like the typical June Father's day or a May Mother's day. We look back and we were
born from our parents. We try to remember that day so that we can do a prayer to
appreciate that we were born.
Eugene Crabtree: How many people? What is the increase in traffic during these special
events?
Michael Nguyen: That would be smaller. The big one we have would be the three events
especially Buddha's birthday. We remember just like Christmas. Christmas is when
Jesus Christ was born. Also, Chinese New Year is a tradition. I'm an immigrant. I came
from Vietnam as well. We remember two new years. We have a regular Chinese New
Year and a New Year. It is just a day that we meet together and pray for the past year
and also for the new year to come.
Kevin Brunnick: What are the numbers on those special days?
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Michael Nguyen: The numbers that we estimate is about 50 that would come. With
family, I have four kids we put in one car and we go. People live but not at the same time.
We come in prayer, shake hands and meet people and then we leave. So I estimate about
50 each weekend.
Barry Knight: Any other questions Mr. Crabtree?
Al Henley: Yes. I have one.
Barry Knight: Mr. Henley?
Al Henley: Thank you. I thought of another one. To your knowledge would it be safe to
say that a monk would encourage other additional members to join his temple?
Michael Nguyen: That would be no because Buddhism is different. We don't have
requirements like your credit union that require membership. It is free will. I'm
Buddhist. I come. I don't have to come this Sunday. I'm so busy. I can come next
Sunday. So, we don't have like 500 people membership minimum or we are not required
to be a member. It is just a free will, which I believe in reason so I just go on Sunday and
take my family and go there and pray.
Al Henley: I apologize for my poor choice of words. Let me rephrase that. If, someone
happen to come to the Master Monk's house and would like to join his services or his
becoming a member of whatever the proper terminology is, would he discourage that or
would he say that you're more than welcome to join our temple? In other words, do you
anticipate additional people joining your facilities?
Michael Nguyen: Sir, I'm not Master Doan so I wouldn't have the right answer. For me,
I would say yes if you come join and pray he would do the teaching if someone would
like to come and learn more about the religion. I say he would say yes. Okay. Just come
and learn more about what we have. But I wouldn't say he wouldn't' be discourage to say
no.
Al Henley: Thank you very much.
Barry Knight: Are there any other questions for the applicants? Thank you sir. Okay. I'll
open it up. Mr. Henley?
Al Henley: Yes. I requested, and there have been a lot of concerns with the adjoining
neighbors and the community regarding the septic tank facilities as well as the well
services. Where some people may not realize this particular area is not served by public
water or sewer, we're on a septic system as well as a well system. So, on that behalf, I
requested Mr. Scanlon with the State Health Department be present today. And, Mr.
Scanlon, if you could come up here please, and answer a few questions?
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Barry Knight: Welcome Skip. We're glad you could be with us today.
Eugene Crabtree: Hello shipmate.
Frank Scanlon: My name is Frank Scanlon. I'm the Environmental Health Manager for
the Virginia Beach Health District for the Virginia Department of Health.
Barry Knight: Mr. Henley would like to ask you a few questions.
Al Henley: Thank you Mr. Scanlon. I know you have a very busy schedule. Being that
this particular property is served by septic tank and a well, do you recall what gallon
septic tank is on this property?
Frank Scanlon: It is 1,500 gallon tank. It's been installed for a little better than 9 years in
February 1998, it has an anticipated waste stream of about 750 gallons per day. This is
residential strength sewage, so if the waste stream increases or the characteristics of the
waste stream change, there are going to be issues.
Al Henley: So with that, and let me kind of back up. The soil conditions, I realize are
acceptable obviously for a septic tank system otherwise it wouldn't exist. Would you say
these are perfect conditions for a septic tank or is the soil types could be challenged if the
well is overburdened?
Frank Scanlon: It certainly meets the standards we would issue a permit. If, for instance
it did fail, we would issue a repair permit, and because the soils do meet those standards.
750 gallons a day is a significant waste stream, so if you don't exceed that, the system
should work satisfactory. But if you change the waste stream characteristics so it
becomes less residential and more something else, then there may be issues.
Al Henley: To your knowledge, is the septic tank located in the rear of the property?
Frank Scanlon: In anticipation of that sir, I brought a sketch.
Al Henley: Thank you.
Barry Knight: Mr. Scanlon, would you pull up the laser there and point over the map.
Don't pay any attention to him Skip.
Frank Scanlon: It works for me. If I could quick shaking. The septic system is located
right here. Is that right Dan? The septic system is located right here. The wells are
located in the front.
Al Henley: You heard some of the testimony. I don't know if you've had the opportunity
to look at the application, they're saying that number one, 20 people on Sundays and up
to 50 people on special occasions throughout the year, and to your knowledge, with that
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amount of participants do you foresee any challenges with the septic system and/or the
well?
Frank Scanlon: If it does not exceed the design limits of 750 gallons per day, I don't see
that to be an issue. The way we arrive at that is 75 gallons per person per day, two people
per bedroom. It is a five bedroom establishment. If they were only a few full time
residents, I don't think it would overstress the septic system, however, if it does fail. The
definition of fail of a septic system is it backs up into the structure or it breaks out on the
surface of the ground. And, that could happen to anybody's septic system.
Al Henley: I sitting here today, and I do recall a failed system, and that was on our
church. And, we had a daycare center at the church. And it had been there for a number
of years. And, our soil conditions were not very favorable, and it was challenged and it
failed. And as a result of that, it was extremely expensive for our church to repair and
replace that little larger system that was approved by the State Health Department, and
that created a lot of bother when that system fails. With them, and my concern are just
like it was with our church, is our adjoining neighbors because they were on wells as
well. So, we did immediately begin working with your office and we recently installed it
and had an approval on it. But it really concerns me because where we have it in this
neighborhood is nothing but a single-family home. That is what it was intended for and
that is what it was used for and now the change of that facility is coming before us today
to change that residential unit to a temple. So, with that, that is why a lot of those items
came to my mind. That is why I wanted you before us today. I do appreciate you
coming here today and answering a lot of those questions.
Frank Scanlon: My pleasure sir.
Barry Knight: Does anyone else have any questions for Mr. Scanlon? Ms. Wood?
Dorothy Wood: Mr. Scanlon, I hate to be real graphic on this, but I really don't
understand the 750. Let's say if 20 people were there and they all went to the bathroom,
is this too much?
Frank Scanlon: No ma'am. That is 750 gallons per day. Full time residents is what
we're looking at.
Dorothy Wood: What I mean is if you use it for 2 or 3 hours with a lot of flushes, does
that.... I'm sorry, I'm just trying.
Frank Scanlon: It is a 1,500 gallon tank. Basically, it is designed to hold two days
holding. So, I'm relatively confident that my staff inspected it when it went into the
ground. I'm relatively confident that unless you change the 750 or the characteristics of
the waste stream, it should work. If it doesn't work, then we have the capacity to go in
and fix it.
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Dorothy Wood: Thank you Sir.
Frank Scanlon: Yes ma'am.
Barry Knight: Ms. Katsias?
Kathy Katsias: If you had 50 on that particular day on those three celebrations, would
that tend to over use the septic system?
Frank Scanlon: If they did more than 1,500 gallons worth of flushes, it might cause some
issues. I think that is a stretch. If they're doing what they say they're doing, they are
only a very few people at reasonable times and it is not, because it was designed for full
time use for five bedrooms.
Kathy Katsias: So, if it is an issue, they can put a port -a -potty out there for the additional
people, if there is an issue with it?
Frank Scanlon: My recommendation would be that they be very careful of the draining
field, and that they don't let the irrigation system run on the drain field. They have
competition for the flushes. If they have a problem, they call us. We will immediately
put our hands in motion and come out there to design and repair. I would not think a
port -a -potty would be the answer.
Barry Knight: Do you know all you need to know now, Ms. Wood? Thank you. Mr.
Henley?
Al Henley: I have a question for staff. Ms. Lasley? When did you become
knowledgeable or was it through a complaint or something that this facility was working
in non-compliance?
Karen Lasley: Right. You know, this group of monks, have been working with Ms.
Christie for several years. They had another site out in the county that didn't work out for
them. So, they have been working with them and she let them know as they were
searching for the site when they purchased the site not to start having services there. But
we started to get complaints. The first one was February 26, 2007, and I believe that
corresponded with the Chinese New Year. And, our zoning inspectors have been out
several times to visit it. They have talked with the representatives, and they said there
were no organized meetings or services going on. So, this is a hard issue for a Zoning
Inspector to deal with. I mean they are probably having what we typically consider any
organized religious service, and I mean you have Tupperware parties. They've talked
with them. We have been watching. We had a lot of other complaints in May, and I
think that corresponded with another large event for Buddha's birthday. So, they applied
for this Use Permit in January. That to us, is the preferred course and not to take a lot of
drastic enforcement action, but to work with them and get them legal. So, we have been
working with them since January on this Use Permit. Since the big event in May, we had
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Page 20
an inspector go by every Sunday and they're taking pictures, there has been reports of 8
to 12 cars there on a Sunday, just to give you some idea. So, we got everything
documented and ready to take action if we need to.
Al Henley: Thank you very much.
Barry Knight: Is there any other question of Mr. Scanlon?
Eugene Crabtree: Just one thing. I've known Mr. Scanlon for 30 years or better. I
guarantee you that if there is anything wrong he is not going to stand for it, and he will
come down on them and will not allow it from a sanitary standpoint of view. That I can
promise everybody in this room that is not going to happen.
Barry Knight: Anything else for Mr. Scanlon? Mr. Scanlon, thank you for coming down.
Frank Scanlon: Thank you Mr. Chairman, ladies and gentlemen.
Barry Knight: I see you brought your reinforcement back there, Dan. Thanks for coming
also. Okay. I think that will conclude our public interview portion of this. We'll open it
up for discussion. Is there any other Commissioners care to weigh in. Okay. Mr.
Bernas?
Jay Bernas: To me, just like one of the residents had mentioned that it is nothing more
than a gathering. What is the difference between this and having 20 people over on a
weekly basis. There are a lot of families that meet every Sunday and have dinner. I
would love to have a Buddhist as a neighbor. They landscape their yards. They seem
like they're great neighbors. I know there are some issues with some of the events, but I
think what the Conditional Use permit does is places a lot of conditions on them that they
have to adhere too. That is the Zoning Administrator's job is to make sure that they
adhere to these conditions. For me, I have a struggle with what is the difference between
them just kind of meeting at each other's houses or a family gathering? So, it is only 15
to 20 people. I guess a lot of us don't understand the Buddhist culture, but I guess the
way the gentleman explained it they just go in and meditate, eat and greet. I guess there
is no real formal service in a traditional half acre Presbyterian or type of church. So, I
really don't have any issues with it. We will have to keep an eye on it and making sure
the Zoning Administrator makes sure they adhere to the conditions.
Barry Knight: I talked to a lot of the neighbors down there as have Mr. Horsley and Mr.
Henley, because we all live down here. Almost without exception, every neighbor down
there has said that these are very nice neighbors. They are unobtrusive. They are quiet.
They don't bother anybody. And, things were really kind of going along fair with maybe
a little jealous eye towards it, but when they had a few of these larger gatherings, some of
the neighbors say, we kind of did come down here. Some of them, like Mr. Cullipher has
lived down here forever, but some of the rest of them have been down here 8, 10 or 15
years and they say, we're just leery of losing our agricultural heritage down here. And
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they think this maybe is the camel's nose under the tent or maybe the straw that kind
piles on a little bit. I think they have been wonderful neighbors down there. The
adjacent neighbors say they are just a little bit leery. They just don't believe it is in
keeping with the rural character down there so that is why they are opposing it. I think
I'm going to have to concur with Mr. Horsley on this one. Is there any other discussion
on this? Mr. Horsley.
Donald Horsley: I just reiterate just what I said a while ago. It is just a residence and it is
not something that is an every day occurrence in the rural part of the city. I think it is no
reflection on the activity that these folks want to do on the weekly basis. I think there
have been some complaints about some of the larger gatherings but, I really don't have an
idea that we're going to have a major septic tank problems, if everything is going to go
like they say it is going to go. But, all that aside. I think it is just the idea that there is
another reopening of some other activity to come in that will possibly disrupt that portion
of that heritage that the city and the residents in the southern end of the city have tried to
hold on to for so many years. They just feel like that they want to have a residence that is
a residence and it should remain a residence. And, until something happens to break that
maybe we need to hold stiff to that regulation. I'm sure there are other properties
available. I guess they like this area of the city because it is quiet. I'm not sure why. I
know they have been in other locations and tried to get things accomplished. But, that is
the mam* drawback that I have, and the people that I have talked to, they don't really have
major problems with the people. I think it's just they there is another opening of other
things to come down to that part of the city that are just not commonplace. And, that is
having these establishments in residential homes.
Barry Knight: Mr. Crabtree.
Eugene Crabtree: Yes. One person led to it and I was thinking about it here. Just a few
months ago, we had a great big issue about the property across the street from there, and
that one wanted to build, and there were deed issues that go way back in agreements that
were made that was going to be left the way it was. I think that is and since City Council
was so adamant on that and they declined that application for NAPA to move across the
street, I see this in this particular area as the same type principal that they did with
NAPA, with something going in this area other than the residences, which was a big issue
at that time. And, therefore, I sort of see this on the same line, that they didn't allow
NAPA in there, I think we have to treat this the same way, so I agree with Don.
Barry Knight: Ms. Wood and then Mr. Redmond.
Dorothy Wood: I have several little takes on it. I go down there occasionally to a
nursery, that is Winsett I believe, and I go by a large church that is in a residential area.
And, I went to a wedding down there with a large church that was in a residential area.
And, also I've seen so many of the, and maybe they are all in Pungo but, stands where
they are selling vegetables. I really am just asking a question, now that I understand
Item #15
Thanh Cong Doan
Page 22
about the septic system. I'm just asking a question, what is the difference in this and
these other churches that I see in the area? Don?
Donald Horsley: I think your main difference there is that these were cominunity
churches started in communities. They may have been spun off from way back from
someone needing a home. But they were community churches started in local
communities. The fruit stand, away of life, away of people to make a living. That is
what fruit stands are, but so far as the churches, you got Oak Grove. You got Charity.
You got Blackwater. You got three or four more down there of larger churches but they
are community churches that maybe the residents have built up around the churches. It
didn't start off as a residence and go into a church. That is my understanding. These
churches go way back to the 1800s. So, that is my take on that.
Dorothy Wood: They are in residential areas. Is that correct?
Donald Horsley: Yes. They were built there because the people there came to those
churches. They didn't build the churches to bring in people from other areas.
Barry Knight: I think part of it is that they weren't residential areas when the churches
were there. The churches were there and then they became residential areas possible
because of the churches. Mr. Redmond.
David Redmond: I'm going to support the application. I think this is a fair amount to do
about not much. I don't think the traffic implications are terribly large. They are parking
on their own property. The septic conversation was probably as much as I learned about
septic systems in one afternoon. Dot, I thank you for that. But I can't see that is an issue
at all. I know about as much Buddhism that you can put in a thimble. But, as far as I can
tell it values peace and tranquility. I can't imagine a group that is going to be any less of
an intrusion in this part of the city or in any part of the city. And, I think it is a little
unfair to the applicant to judge them differently then we judge churches in Virginia
Beach. They are a religious facility. There are religious facilities in all sorts of places in
Virginia Beach. I think, we ought to treat them all fairly. So, I accept it. People have
barbecues with way more than 50 people at them more than three times a year and the
sky doesn't fall. So, I don't think the sky is going to fall if three times a year when 50
people come here. The parking can be handled. The traffic can be handled and any type
of security, police or anything else. The septic can be handled by a port -a -potty. So, I,
for the life of me can't figure out, and I always try to figure to what is wrong about an
application that would want to make me want to oppose it if it otherwise seems to be
reasonable. This strikes me as very, very reasonable. So, I concur with Jay and I think,
to be fair to this group that we ought to treat them the way we treat everybody else.
Barry Knight: Thank you Mr. Redmond. Mr. Livas.
Henry Livas: Yes. I fully concur with Dave. We have been talking back and forth a
little bit today. And, I don't see why it is a big deal. I've had parties at my house with 20
to 50 people and that hasn't been an issue. And, as far as churches in a residential area,
Item #15
Thanh Cong Doan
Page 23
there are plenty of churches in residential areas throughout Virginia Beach, and probably
that is a good place to locate a church. In making my judgments, I'm looking at the facts
that are presented, 15 to 20 members on a regular Sunday and 50 on special events. I
notice that our Planning Department hasn't backed down on those figures. They say
those figures are still good. I've heard other people say we're going to have up to 150
people there. I can't address that now. I have to address what is in front of me. The
facts that I have here, and also whether they plan to turn this facility into a national
facility ought to be able to recruit members there. I can't address that either. So, just
looking at the figures that I have, the septic tank issue that proved not to be a problem at
all as I listened to expert here, so, based on the facts that I have in front of me. I support
the application.
Barry Knight: Thank you Mr. Livas. Ms. Katsias.
Kathy Katsias: I concur with my fellow Commissioners. And I feel confident that with
the year administrative review if there was a problem that we would consider the
application. So, therefore, I'm supporting of the application.
Barry Knight: Is there any other discussion? Mr. Henley.
Al Henley: I would like to follow up on something. It is never the intent of this
Commission to not treat anyone fairly. I want to make that very clear. There may be a
lot of people in the past two years that I have been on here, may have been treated
unfairly simply because we approved an application or disapprove an application or made
a recommendation to disapprove. That is never the intent. Our intent is to look at the
application, to see if that is the best use on that property that we could possibly approve.
And, I agree a lot with Don and that is the City of Virginia Beach has done an awful lot
of work to preserve the historical significance of the rural portion of Virginia Beach. We
all know that Virginia Beach has many, many different cultures. And that makes the
whole city wise and very popular and we encourage that. But due to the historical
significance of the Princess Anne County, I'll call it and I've preached on my soap box
on Princess Anne County many times and all the Commissioners know my feelings on
that, but I cannot support this application because I really do not believe that this is the
best use for this property simply because it was built originally as a single-family
residence. If they wish to come down and build a temple on another piece of property,
we will look at that application and we would try to wisely make a decision on that as
well. But, I do want to make it very clear that it is never the intent of this Commission to
treat anyone unfairly. As Don was saying, a lot of the people who live down there. I
have an application before me with 127 signatures on it against this application. And the
public servant that I am, I need to listen to those people and I listened to every telephone
call. I tried to attend every meeting that they go to and with that I take their opinions and
I cherish their opinions. And, I have my opinions as well and a lot of times I have voted
for an application that went against my opinion. So, to get off my soapbox, I cannot
support this application for the reason why I just stated. Thank you very much.
Item #15
Thanh Cong Doan
Page 24
Barry Knight: Mr. Horsley.
Donald Horsley: I just want to reiterate what Al just said. There is no animosity about it.
In any form of religion or anything, it is just a land use situation. It is a residential lot. It
was created in an agricultural area for a residence. When we start opening up
opportunities for other activities, I don't care what it is, we are opening up a can of
worms. It will continue down there because there are people out there waiting to come
up and open some type of business on a residential piece of property. That probably
won't come to Planning Commission for approval. But it is happening. I know there is a
lot of interest in doing it. This is just further increases those opportunities.
Barry Knight: Mr. Horsley, as the Princess Anne District representative, would you like
to make a motion one way or the other?
Donald Horsley: Yes. I make a motion that the application be denied.
Barry Knight: Do I have a second?
Al Henley: I'll second it.
Barry Knight: There is a motion on the floor to deny the application item 15, made by
Don Horsley and a second by Al Henley. Is there anymore discussion on that? I'll call
for the question. A vote AYE is a vote to deny the application.
Ed Weeden: By a vote of 6-5, the Board has denied the application of Thanh Cong Doan.
AYE 6
NAY 5 ABS 0 ABSENT 0
ANDERSON
AYE
BERNAS
NAY
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KASTSIAS
NAY
KNIGHT
AYE
LIVAS
NAY
REDMOND
NAY
STRANGE
AYE
WOOD
NAY
Ed Weeden: By a vote of 6-5, the Board has denied the application of Thanh Cong Doan.
February 25, 2007
City of Virginia Beach
Planning Department
Attn: Faith Christie
I L
T
vu na
My wife and I are in receipt of the city of Virginia Beach notification concerning the
planning commission meeting scheduled for March 14, 2007. The issue under
consideration concerns the conditional use permit submitted by the owner(s) of the
property at 4177 West Neck Road, requesting that the existing home be used as a church,
and also requesting approval for follow-on construction of an additional, larger facility.
The property in question is directly adjacent, east of our property, 4161 West Neck Road.
Be advised we desire to speak at the hearing. I also wish to inform you that family
matters may emerge that could make March 14'h a conflict with me and my family's
schedule. My father is currently in hospice care at a hospital near the family home in
Iowa. His passing is imminent, and of course we will be attending memorial services
shortly thereafter. By this letter I wish to inform you of this possible exigent conflict, so
that I can follow the right procedures in order to delay the hearing if that should become
necessary. Please advise us as to how this would need to be handled.
Sincerely
Dan Franken
757-426-0476
f -Tt�
IFebruary 27,2007
Faith Christie
Planning Dept. of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
Dear Ms. Christie:
We are very much opposed to using the building at 4177 West Neck Road as a religious facility. This
building was designed to be a residence and should remain as such. This building was converted to
its current use, L e. a religious facility without any city approval and without the opportunity for
local residents to v oice their opinion. Now the current owners are petitioning the city to vastly
expand its current state and add an additional building.
This would further erode this residential nature of this property and adversely affect the local
community and our investment in our homes. We urgently request you turn down the request to add
to this facility. We further request That the owner be requested to use this facility as a residence and
cease to use it for any other purpose.
Sincerely yours.
Mr. And Mrs. Raymond Lobus
4132 West Neck Rd.
Virginia Beach, Va. 23456
Ph. 757-721-0864
Cc: Members of city council
PETITION
TO
CITY OF VIRGINIA BEACH
PLANNING COMMISSION AND CITY COUNCIL
We, below listed residents of the Pleasant Ridge community and Pungo area hereby
express our opposition to the application for Conditional Use Permit at the location
of 4177 West Neck Road. We request that the city deny use of the residence as a
religious facility, training institute, or as the "Buddist Education Center of America
Inc." We further request that no authorization be made for the construction of an
additional large building for the above purposes. We seek city action to direct that
the premises be a residence only, for which it was built and occupied by two
previous owners. Finally, we request that immediate actions be taken to direct its
occupants to cease and restrain its current ongoing set of activities — and accretion
of activities that lack any authoritative sanction whatsoever, and likely violate
numerous codes, ADA provisions, and other requirements.
Our request is based simply on the ten)� ts of the City of Virginia Master Plan, its
vision for the rural areas, and existing zoning/development guidelines. Most of the
signatures below are from persons who retired here, or plan to do so. We have
made major investments in our homes, and have reasonable expectations for an
environment resembling the scenic and historical Virginia rural areas as described
the city's vision.
We have great concern that approval of this request would permanently and
negatively affect the quality of our environment, our lives, and our investments.
Further, approval would result in a set of excessively large structures that could no
longer serve as household residences, if/when the current occupant were to sell and
move on. That scenario would likely precipitate further city action to consider
rezoning actions in order to make use of such a facility for some future owner.
Subsequent rezoning would be in conflict with current city guidelines, in that the
area in question is not a commercial node, nor a future designated one.
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ADDRESS SIGNATURE DATE
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July 8, 2007
Ms. Faith Christie
Planning Department
City Hall
Virginia Beach, Va 23456
Dear Ms. Christie:
My wife and I moved to 4132 West Neck Road eight years ago. This neighborhood was rural and
completely residential. The current owner purchased the property as a residence and almost
Immediately started converting the property to a religious center. No approval was sought or
received from the city for this conversion. Numerous code mandates have been ignored.
We oppose this conversion and ask that it be denie& Maintain the residential character of this
neighborhood.
Sincerely yours
Raymond L Lobos
Carol A. Lobos
- L -Atm
June 29, 2007
Mr. Barry D. Knight
Chairman, City of Virginia Beach Planning Commission
1852 Mill Landing Road
Virginia Beach, VA 23457
RE: Buddhist Education Center of America, Inc. appliqation for a conditional use permit
at 4177 West Neck Road.
Dear Chairman Knight,
The issue before the commission for the July I I th session has significant importance for
my family and our estate, as well as the local rural neighborhood. In advance of your
commission's meeting, we wish to convey the following:
My wife Donna and I have been good neighbors to the applicant and his staff, and
they have been good neighbors as well. We had earlier (informally) acquiesced to their
early expressed desires to conduct limited religious services in their home.
Never have we agreed to any future expansion of their operations beyond what
was originally agreed to. We have regarded (as much as they have portrayed) their
residence as having an additional function — weekly religious services at a level
commensurate with what the home and its facilities could support.
But we have witnessed a gradual expansion of operations, in spite of earlier
assurances to the contrary. Now we face this conditional use permit application...
For the current application being considered, we propose the following as a reasonable
course that is in the best interests of the city, the applicant, and our neighborhood:
Deny any additional building as being contrary to the city's vision for its rural
area, its agricultural zoning, and above all, considerations for the environment.
Declare that the house extant is first and foremost a residence — because it is
owned/occupied by religious personnel then it can be used for ancillary purposes of
limited religious activity.
Establish an upper bound on what additional level of activity the current residence
can support with the systems as they currently exist on the premises (e.g., water, septic,
drainage, etc.)
Limit by time (in years or months) that the residence can be used for said
purposes until a suitable location can be procured.
Establish limits for the d6cor, landscaping, religious artifacts, etc., to that which
would reasonably be expected of a rural residence. Limit sculpture sizes, heights, and
numbers to those currently on site.
Periodically conduct an assessment of compliance to the provisions set forth in
the conditional use permit.
Sincerely,,
Dan & Donna Franken, 4161 West Neck Road, Virginia Beach, VA 23456
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Aziz Sair for a Conditional Use Permit for gasoline sales in
conjunction with a convenience store and car wash on property located at the
northeast intersection of Holland Road and Warwick Drive (GPIN 1495093490).
AICUZ is 70-75 and APZ-2. DISTRICT 6 — BEACH
MEETING DATE: August 28, 2007
Background:
The applicant requests a Conditional Use Permit to allow development of the site
for a convenience store, gasoline sales, and car wash. The site is zoned B-2
Community Business and is currently undeveloped.
0 Considerations:
The submitted site plan depicts a 6,840 square foot convenience store, two
canopies (covering four fueling stations), and a carwash facility with two
automatic bays and eight self -serve bays. Thirty-five parking spaces are
proposed on the site, which is sufficient for the proposed use. Proposed
landscape buffers varying in width from 40 -feet to I 00 -feet are depicted adjacent
to the residential areas. Street frontage landscaping bed widths are increased
from the required 1 0 -feet to 20 -feet to 36 -feet in width. Berms are included in the
street frontage landscaping along Holland Road and Warwick Drive. Entry to the
site is via single entrances from both Warwick Drive and Holland Road.
Pedestrian access is provided via sidewalks from all right-of-ways.
The proposed retail store is typical of other RACECO convenience stores found
throughout the city. The building will be a mix of brick and exterior insulated finish
system (EIFS). The proposed building colors will be tan brick on the lower portion
of the building with a white soldier course and white or cream brick on the upper
portion of the building. The proposed EIFS pediment will be cream color. Building
trim will be cream or white. The proposed standing seam metal roof will be silver.
The proposed canopies over the gasoline pumps will consist of silver standing
seam metal roofs and cream color brick wrapped columns. The proposed
carwash is similar to recently approved glass enclosed carwash facilities. The
proposed trim will be red and the proposed block will match the color of the
building.
The proposal conforms to the Comprehensive Plan recommendations for the
area. The Plan provides for limited commercial uses on the edge of established
Aziz Sair
Page 2 of 3
neighborhoods. The proposal is also compatible with the AICUZ. Conditions
limiting the hours of operation for the carwash facility and improving and
controlling the lighting for the site are recommended below. Staff believes these
measures will lessen any potential impact the proposed development would have
on adjacent residential properties.
There was opposition to the request.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11 -0 to
approve this request with the following conditions:
The site shall be developed substantially in accordance with the preliminary
site plan entitled "RACECO GAS STATION, HOLLAND ROAD —WARWICK
DRIVE, VIRGINIA BEACH, VIRGINIA", prepared by The Spectra Group and
dated 3/23/07, revised 6/22/07. Said plan has been exhibited to the Virginia
Beach City Council and is on file in the Virginia Beach Planning Department.
2. The building, canopy, and carwash shall be constructed in substantial
conformance with the submitted elevations entitled "PROPOSED FRONT
ELEVATION", "PROPOSED CANOPY SIDE DETAIL ELEVATION", and
"AUTEC CARWASH SYSTEMS EXTERIOR ELEVATIONS". Building and
canopy colors shall be tan, cream, and white. Said plans have been exhibited
to the Virginia Beach City Council and are on file in the Virginia Beach
Planning Department.
3. Signage for the site shall be limited to:
a. On-site directional signs;
b. One monument style freestanding sign, no more than eight (8) foot in
height, set on a brick base to match the building brick and two building
and / or canopy signs;
c. Striping on the canopy shall be limited to 10 feet on each side of the
canopy or one-quarter of the length of each side. Signage on the canopy
shall not be internally or externally illuminated.
d. There shall be no other signs, neon signs or neon accents installed on any
wall area of the building, on the windows and / or doors, canopy, light
poles, or any other portion of the site.
4. The applicant shall provide a photometric lighting plan for review and
approval by City staff. Full cut-off fixtures shall be used for parking lot
lighting. Canopy lighting shall be recessed and not be overly excessive. The
plan shall also include provisions for implementing low-level security lighting
for non -business hours. Low-level security lighting shall be implemented
along the residential areas adjacent to the site from 11:00 p.m. to 7:00 a.m.
All lighting on the site should be consistent with the standards recommended
Aziz Sair
Page 3 of 3
by the Illuminating Engineering Society of North America.
5. The dumpster and air / vac areas shall be enclosed with a solid wall to match
the building and with landscaping, in accordance with Section 245(e) of the
City Zoning Ordinance.
6. No outdoor vending machines, ice machines, and I or display of merchandise
shall be allowed.
7. The site operator shall assign an employee to monitor the carwash area
during operating hours. Hours of operation for the carwash facility shall be
limited to Monday through Friday, 7:00 a.m. to 9:00 p.m., Saturday and
Sunday, 9:00 a.m. to 6:00 p.m.
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 Manager
AZIZ SAIR
Agenda Item 12
July 11, 2007 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Conditional Use Permit for gasoline sales and a car
wash in conjunction with a convenience store
ADDRESS / DESCRIPTION: Property located at the northeast intersection of Holland Road and Warwick
Drive
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14950934900000 6 - BEACH 4.46 acres
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow
development of the site for a convenience store, gasoline sales, and car wash.
The submitted site plan depicts a 6,840 square foot convenience store, two canopies (covering four
fueling stations), and a carwash facility with two automatic bays and eight self -serve bays. Thirty-five
parking spaces are proposed on the site, which is sufficient for the proposed use. Proposed landscape
buffers varying in width from 40 -feet to 1 00 -feet are depicted adjacent to the residential areas. Street
frontage landscaping bed widths are increased from the required 10 -feet to 20 -feet to 36 -feet in width.
Berms are included in the street frontage landscaping along Holland Road and Warwick Drive. Entry to
the site is via single entrances from both Warwick Drive and Holland Road. Pedestrian access is provided
via sidewalks from all right-of-ways.
The proposed retail store is typical of other RACECO Convenience stores found throughout the city. The
building will be a mix of brick and exterior insulated finish system (EIFS). The proposed building colors will
be tan brick on the lower portion of the building with a white soldier course and white or cream brick on
the upper portion of the building. The proposed EIFS pediment will be cream color. Building trim will be
cream or white. The proposed standing seam metal roof will be silver. The proposed canopies over the
gasoline pumps will consist of silver standing seam metal roofs and cream color brick wrapped columns.
The proposed carwash is similar to recently approved glass enclosed carwash facilities. The proposed
trim will be red and the proposed block will match the color of the building.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped site
SURROUNDING LAND North:
0 London Bridge Creek Canal # 2 and Townhomes / B-2
USE AND ZONING:
Business and A-12 Apartment
South:
0 Warwick Drive
0 Across Warwick Drive is an undeveloped parcel / B-2 Business
East:
0 Old Clubhouse Road
Existing Land Use
0 Across Old Clubhouse Road are Townhomes / A-12 Apartment
West:
0 Holland Road
0 Across Holland Road are Townhomes / PD -H I Planned
Development
NATURAL RESOURCE AND
The majority of the site is grass field. The site is within the Chesapeake
CULTURAL FEATURES:
Bay Resource Protection area. The applicant has taken care to locate all
proposed improvements outside of the environmentally sensitive areas.
There are no known cultural features associated with the site.
AICUZ: The site is in an AICUZ of 70-75 dB Ldn and an Accident Potential Zone
(APZ) 11 surrounding NAS Oceana. The United States Navy finds the
request and uses to be compatible.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Holland
Road between Lynnhaven Parkway and Shipps Corner Road is a four -lane divided minor arterial
roadway. This section of Holland Road is shown on the Master Transportation Plan Map as a 130 -foot
right-of-way section. Improvements are scheduled with the Capital Improvement Program (CIP) Project
2-008, Holland Road Phase VII project, which is currently not funded and inactive.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Holland Road
33,500 ADT T
34,500 ADT'-
Existing Land Use
2,453 ADT
Proposed Land Use 3_
5,735 ADT
'Average Daily Trips
3 2 as defined by an estimated ADT of 550 trips generated by average uses per acre of B-2 zoned property
as defined by a convenience store vvith eight fueling stations, eight carwash stalls, and two automated carwash bays
WATER: This site must connect to City water. There is an eight -inch City water main in Warwick Drive, a six-
inch City water main in Old Clubhouse Road and a 16 -inch city water main in Holland Road.
..7177-
SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 548 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 Warwick Drive and an eight -inch City gravity sanitary sewer main in Old Clubhouse
Road.
SCHOOLS:
School populations are not affected by the request.
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request with the conditions below.
Comprehensive Plan:
This site is located in a Primary Residential Area. The Comprehensive Plan Policy document reinforces
the suburban characteristics of commercial centers and other non-residential areas for this area. The
Plan states that: "Limited commercial or institutional activities providing desired goods or services to
residential neighborhoods may be considered acceptable uses on the edge of established neighborhoods
provided effective measures are taken to ensure compatibility and non-proliferation of such activities."
(p. 91).
Evaluation:
The proposal conforms to the Comprehensive Plan recommendations for the area. The Plan provides for
limited commercial uses on the edge of established neighborhoods. The proposal is also compatible with
the AICUZ. The purpose of a conditional use permit is to recognize that certain uses by their nature can
have an undue impact upon or be incompatible with other uses of land within a given zoning district or
area. These uses may be allowed to be located within the district under the controls, limitations and
regulations of a conditional use permit. The applicant proposes to develop the site with a convenience
store, gasoline pumps, and carwash. The site is 4.46 acres. The applicant is providing landscaped buffers
varying in width from 40 -feet to 1 00 -feet adjacent to the residential areas. Additionally, street frontage
buffers will be increased from the required ten feet width to 20 -feet to 36 -feet in width with an undulating
landscaped berm. There are only two entrances proposed to the site, a right in / right out only on Holland
Road and a two-way entrance on Warwick Drive. No vehicular access is proved from Old Clubhouse
Road. Defined sidewalks into the site will be provided from each right-of-way. Staff is requiring low-level
security lighting adjacent to the residential areas during off -business and non -business hours. Staff is also
limiting the hours of operation for the carwash facility. Staff believes these measures will lessen any
potential impact the proposed development would have on adjacent residential properties, and therefore,
recommends approval of the request subject to the conditions listed below.
CONDITIONS
1. The site shall be developed substantially in accordance with the preliminary site plan entitled
"RACECO GAS STATION, HOLLAND ROAD —WARWICK DRIVE, VIRGINIA BEACH, VIRGINIA-,
prepared by The Spectra Group and dated 3/23/07, revised 6/22/07. Said plan has been exhibited to
the Virginia Beach City Council and is on file in the Virginia Beach Planning Department.
2. The building, canopy, and carwash shall be constructed in substantial conformance with,,theAvOrnlitted
elevations entitled "PROPOSED FRONT ELEVATION", "PROPOSED CANOPY SIDE DETAIL
ELEVATION", and "AUTEC CARWASH SYSTEMS EXTERIOR ELEVATIONS". Building and canopy
colors shall be tan, cream, and white. Said plans have been exhibited to the Virginia Beach City
Council and are on file in the Virginia Beach Planning Department.
3. Signage for the site shall be limited to:
a. On-site directional signs;
b. One monument style freestanding sign, no more than eight (8) foot in height, set on a brick
base to match the building brick and two building and / or canopy signs;
c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of
the length of each side. Signage on the canopy shall not be internally or externally illuminated.
d. There shall be no other signs, neon signs or neon accents installed on any wall area of the
building, on the windows and / or doors, canopy, light poles, or any other portion of the site.
4. The applicant shall provide a photometric lighting plan for review and approval by City staff. Full cut-
off fixtures shall be used for parking lot lighting. Canopy lighting shall be recessed and not be overly
excessive. The plan shall also include provisions for implementing low-level security lighting for non-
business hours. Low-level security lighting shall be implemented along the residential areas adjacent
to the site from 11:00 p.m. to 7:00 a.m. All lighting on the site should be consistent with the standards
recommended by the Illuminating Engineering Society of North America.
5. The dumpster and air / vac areas shall be enclosed with a solid wall to match the building and with
landscaping, in accordance with Section 245(e) of the City Zoning Ordinance.
6. No outdoor vending machines, ice machines, and / or display of merchandise shall be allowed.
7. The site operator shall assign an employee to monitor the carwash area during operating hours. Hours
of operation for the carwash facility shall be limited to Monday through Friday, 7:00 a.m. to 9:00 p.m.,
Saturday and Sunday, 9:00 a.m. to 6:00 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.
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Rezoning (A-12 Apartment to Conditional R -51D Residential)
Approved
3.
2/8/94
Rezoning (A-12 Apartment to B-2 Business)
App ved
4.
2/6/84
Rezoning (A-1 Apartment to B-2 Business)
Approved
5.
8/24/99
Conditional Use Permit (Automobile Service Station in
conjunction with a Convenience Store and Automobile
Repair Shop)
Approved
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Item #12
Aziz Sair
Conditional Use Permit
Northeast comer of Holland Road and Warwick Drive
District 6
Beach
July 11, 2007
REGULAR
Barry Knight: Mr. Secretary, the next application to be heard.
Joseph Strange: The next application is item 12. The application of Aziz; Sair for a
Conditional Use Permit for gasoline sales in conjunction with a convenience store and
carwash on property located at the northeast intersection of Holland Road and Warwick
Drive, District 6, Beach, with seven conditions.
Barry Knight: Welcome Eddie.
Eddie Bourdon: Thank you Mr. Chairman. Just give me a few seconds here. Mr.
Chairman and members of the Commission, for the record, my name is Eddie Bourdon, a
Virginia Beach attorney, and it is my privilege to come before the Commission this
afternoon representing Aziz; Sair. The property that we are seeking this Use Permit on is
a piece of unconditionally zoned B-2 commercial property on Holland Road at the
intersection of Warwick Drive. The property is at the entrance to the residential
community of Scarborough Square, which was developed many decades ago. The
property is in the 70 to 75 dB noise zone, and the eastern portion of the property is in the
APZ2. The proposal is to develop this 41/2acres site. There are town homes in this area
and town homes across the street. There is also a very large, larger unconditional B-2
Business Commercial property to the south on the opposite side of Warwick Drive. The
property is owned by the Kroll Family and has been owned by them for decades. The
proposal is to develop this property with a convenience store, gasoline sales, and a
carwash. The carwash has an automatic carwash on the south side closest to Warwick
Drive, and self serve carwash to the north. The frontage on Holland Road is proposed a
right in/right out only entrance. The only other entrance would be on Warwick Drive,
and it is a coordinated entrance for the entire development on this piece of property. We
are showing a large landscaped berm area, much larger than is required. I also want to
point out that there is a community sign there that will remain. We will be certainly
willing to work with the community to actually upgrade and maintain the community
entrance signage. The berming will go all along Warwick in the area that we have
provided that is more than double the size that is required in this area. The rear of the
property, we've shown here a 100 foot wide buffer area, basically an area that will
remain a field. It can be used for community activities. The landscaping will take place
here on this area adjacent to the carwash. To the northeast, we have a buffer that is 40
feet wide, landscaped with Category VI landscaping. We have agreed to where there are
fences along the rear, we will leave those intact. We will put fences where there are no
Item #12
Aziz Sair
Page 2
fences so it will be one continuous fence along the back of the town homes, followed by
landscaping, which will be a six foot planting bed with landscaping that will grow up to 8
to 10 feet in height, whether it is wax myrtle, or holly, or red tips. That will be in this
area along with the buffer. Even wider buffer here is 85 feet to well over 100 feet in
buffer over in this area. The facility, as you can see is brick building with standing seam
metal roof, some EEFS utilized on the fagade. The gas pumps also have brick encased
columns and very limited amount of color involved, the Raceco colors. The issue that
has been discussed this morning, and I want to address this now, the carwash and the
color of the carwash. The applicant has, and I think this is the aesthetically the best way
to do this, in addition to having the areas brick to match the building, even though the
color on this computer generated doesn't appear to the same, the brick here will match
the brick on the building. All of the trim that you see on here in red will not be red. It
will be silver gray. It will be the exact same color of the standing seam metal roof on the
convenience store building. So, the color will be no redder than just the sign. It will be
same as on the building. So, it will be matching aesthetically it should be a pleasing
appearance for the building. The one thing that I wanted to make note of is the
unconditional B-2 zoning of this property would permit, as a matter of right, the
development of a commercial strip center on the property. Can you go back to the site
plan? You only have a 15 foot setback, that is all that is required from these town homes,
and at 15 feet from the town homes with just a landscape buffer in that 15 feet, you can
either have the back of a 35 foot tall commercial building or you can have a drive aisle
for deliveries or pick up behind a commercial building. We provided a 40 foot buffer the
nearest building, which is this very small end of the carwash, which is basically 14 to 15
feet in height, maybe slightly higher than that is located here, and is 80 yards from the
nearest home. Excuse me. I'm wrong. It is a 130 feet from the back of the nearest
home. The automated carwash is 100 yards from the back of the nearest home, and the
front of the convenience store is over 90 yards from the back of the nearest home. The
investment here is very high quality, as you can see from the products that the building
materials are shown are very high quality proposal. Under Section 225 of our Zoning
Ordinance, the minimum lot size of this land use is 40,000 square feet. And we have a
number of land uses similar to this in the City on parcels that are 40,000 and certainly
some larger. But, I've done a lot of these applications over the years. This application
has 69,500 square feet of buffer. The buffer area around this carwash, around this gas
station, just on the outside, all the way around on this piece of property is 69,500 square
feet of buffer alone. I've done a lot of Wawa's. They're very attractive and very nice
facilities in our City. The largest one that I am aware of is 2.88 acres. Most of them are
just over two acres in total size of the parcel. This is a 41/2acre piece of property. The
use of this property and the control that the Use Permit gives, and let me talk a second
about the conditions, all the conditions that have been recommended by staff with the
change in the color to silver gray are acceptable with one request for modification and
that is the hours of operation for the automated portion of the carwash. All the restricted
hours, and they are restrictive for the self -serve portion of the carwash are acceptable. But
the automated carwash, we would like to have the opportunity to operate that from 6:00
am to 10:00 pm. You have automated carwash competition to the south, another nice
station at Dam Neck and London Bridge. They are 24/7. A lot of the carwashes go with
Item #12
Aziz Sair
Page 3
the sale of gas so we do feel that is a somewhat of a competitive disadvantage. We feel
those hours will not have in any likelihood of imposing negatively on the community.
Again, the nearest rear of the home is 80 yards away. We understand the need on the
self -serve to a degree, because we will have a monitor there. That is one of the
conditions. There will be someone monitoring it that is working there. We understand
that condition, and we hope we can have a little bit of flexibility on the 6:00 am to 10:00
pin on the automated portion of the carwash. I'll be happy to answer any questions that
you all may have.
Barry Knight: Are there any questions for Mr. Bourdon at this time? Thank you.
Joseph Strange: Speaking in opposition we have Barbie Bromfield.
Barbie Bromfield: Thank you.
Barry Knight: Welcome ma'am.
Barbie Bromfield: It's my first time, so I'm a little nervous. My name is Barbie
Bromfield. I'm with the Scarborough Homeowners Association. We're very concerned
about this business being put here. Just the last thing that the gentleman was speaking
about the hours, and as your previous discussions, this is in my front yard. You don't
want those in your backyard, and I don't want things in my front yard. We would be very
concerned about the hours of 6:00 am to 10:00 pni. We would want it at least closing at
8:00 pm. Another thing is at Shipps Comer and Holland Road, there are three gas
stations. One is a convenience store with a carwash that operates 24 hours. Also, a 7 -
Eleven with a gas station at Lynnhaven and Holland, there is a Car Spa, which all you
know is a very huge carwash complex, and that is open 7 days a week until 8:00 pm.
We're very concerned about the congestion. It is already very hard to get out. I live right
at the comer, right opposite the property. I'm right here. It is very hard. We have traffic
backed up two or three blocks already, and to know they are going to have an entrance on
Warwick and on Holland is going to create a big traffic jam. We have to get out on
Holland. Holland traffic from Shipps Comer to Lynnhaven, every morning, is blocked.
People run the red light at Warwick and Holland, and it is very difficult to get out of there
already. An entrance from this business on to Warwick would cause very, very difficult
times out to get to work. Scarborough Square is a very large community.
Ed Weeden: Ms. Bromfield, you have about 45 seconds left.
Barbie Bromfield: Thank you. We're opposed to it. We hope that you would reconsider
if it did pass, we would say that the hours be very limited and there would be no entrance
on Warwick.
Barry Knight: Thank you ma'am. Are there any questions? Thank you.
Barbie Bromfield: Thank you.
Item #12
Aziz Sair
Page 4
Joseph Strange: The next speaker in opposition is Burgess Allison.
Barry Knight: Welcome sir.
Burgess Allison: Members of the Planning Commission, my name is Burgess Allison. I
live at 3210 Dunnbury Court. It is in Scarborough Square. I am very concerned about
this thing. When I first bought my house 30 years ago, the biggest draw that I had was
that the Green Line was at Shipps Comer. Of course, it is not anything close to that now.
I can't see really any real need for this project because at Lynnhaven and Holland we
have a big Car Spa, which is a very big carwash. Around the comer between Pep Boys
and Stone Mountain Carpet is a carwash. At Rosemont and Holland Road there is a
carwash, which I never see used since they remodeled that thing a couple of years ago.
I've never seen the thing open. We have a 7 -Eleven on the other side of Lynnhaven
Parkway. Just across the street next to the tire store at Shipps Comer at Holland Road,
there is a 7 -Eleven, and as far as gas stations are concerned, Holland Road and Rosemont
there are three. At Holland Road and Shipps Comer there are three. So, why do we need
this project at all? Warwick and Holland Road intersection is a disasterjust waiting to
happen. There are u-tums there to get into the Car Spa. I've waited 90 seconds to get out
of there today just to come down here. It is a nightmare and with this project, which is an
increase to that nightmare to where you just couldn't get along with it. I thank you for
your time.
Barry Knight: Are there any questions of Mr. Allison? Ms. Wood.
Dorothy Wood: What would you like to see built there sir?
Burgess Allison: I would like to see a low volume business, a doctor's office, lawyer's
office, dentist or something of that nature.
Dorothy Wood: Thank you.
Joseph Strange: Speaking in opposition we have Lyn Henry.
Barry Knight: Welcome ma'am.
Lyn Henry: Hi. My name is Lyn Henry. I live at 3328 Scarborough Way. As a
representative of Scarborough Square Civic League and a property owner of the area, I
would like to take a few moments to point out some of the safety concerns and crime
issues we have regarding the proposed Raceco to be built at Holland Road and Warwick.
Here are some statistics that we downloaded from the VBGOV.COM site yesterday and
E -Pro. From January 1, 2004 to July 9, 2007, there have been 461 crimes in Scarborough
Square, 112 are in Holland Farms. The total 573 documented crimes reported in
Scarborough Square neighborhood. I spoke with Captain Low of the First Precinct and
has informed that he has on record 129 police involved cases on Warwick Drive or roads
off of Warwick, 223 police involved cases off of Clubhouse, 14 police involved cases on
Item #12
Aziz Sair
Page 5
Blue Spruce and Holland Road in Green Run. This total of 336 documented police calls
for service was within the last seven months. The police department has charted
Scarborough as a neighborhood that needs attention and clean up. Captain Low and the
civic league give a convenience store at Holland Road and Warwick intersection would
be counter productive to this effort. The civic league has safety concerns with the sale of
alcohol and its use from the store at the very entrance to our community. The civic
league also has safety concerns with the foot traffic that this convenience store is going to
generate from the children of the neighborhood and the neighborhood across the street in
Green Run. This in particular is concerned because that foot traffic would be crossing a
four -lane highway, a very busy street to get to the convenience store. The u -tum would
be another issue which has already been discussed. The children are what we are really
concerned about. Thank you for your time.
Barry Knight: Thank you ma'am. Are there any questions? Thank you.
Lyn Henry: Thank you.
Joseph Strange: Our next speaker in opposition is Inez Giles.
Barry Knight: Welcome ma'am.
Inez Giles: Welcome. Good afternoon Planning Commission. My name is Inez Giles
and I live at 3252 Yorkborough Way. I am concerned that this proposal will not enhance
or improve our neighborhood at all. I'm concerned about the property. A couple of years
it was zoned as wetlands. There is a small canal that runs along the property where this
proposed project is taking place. Now, a part of that land is still zoned as wetlands. But
with the canal, it runs through a larger body of water off Lynnhaven Parkway. It is
preserved as wetlands. Now, you're going to build Raceco, and you have a wetland
drainage right next to it. I'm concerned about building at all. I'm concerned about a
saturation of convenience stores, gas stations on either side of where I live. Okay. You
got enough. At the Car Spa next door, you have a convenience store and carwash, but
closer to that we have a daycare center. I'm concerned about noise and other things.
What I want to say is the mission of the Virginia Beach City Government is to enhance
the physical and social economic and educational quality of the community and to deliver
quality service valued by our citizens. The vision for our community as established by the
City Council is to build a community for a life time to achieve the ambition vision the
City Council established destination points.
Ed Weeden: Ms. Giles. You have about 45 seconds.
Inez Giles: Okay. It is our commitment as citizens to want a community for a lifetime.
Barry Knight: Thank you Ms. Giles. Are there any questions of Ms. Giles?
Joseph Strange: Our next speaker in opposition is Curtis Anderson.
Item #12
Aziz Sair
Page 6
Barry Knight: Welcome sir.
Curtis Anderson: Thank you. Good afternoon. My name is Curtis Anderson. I live at
3243 Redgrove Court. I'm a resident of Scarborough Square for about two years. I
wanted to briefly discuss the issue of traffic which is of a great concern, which has been
voiced by previous people. We have by law persons who are at Warwick and Holland
when they're making a u -turn on Holland Road and they're making their u -turn on a
green light, they have the right-of-way. That is our main exit out of the community. So,
when were trying to right on Holland Road, like I have to go to get to work everyday,
when they make that u -tum, they have a right-of-way, we are not aware of their
intentions are until they are committed to it. So it kind of decreases our window for
getting out, so we only have when the light turns green. So, that is one of our big
concerns. So, right now it is kind of manageable because there is a lot of that, but if you
have an establishment right there on that comer, anyone who is coming Holland Road
who wants to get to the Raceco would have to make a u -tum. So, we're going to see an
increase in that. Also, the addition of a turn lane that was planned for the Raceco will
create another distraction or hindrance for persons who are leaving the area. And, also
when our civic league meeting before our last one, the owner of Raceco, came out and
spoke to us. We expressed our big concern about traffic. He said it is into going to
increase traffic. That seem kind of counter intrusive. This is a business that is based
upon traffic going by this so in order for it to be successful you have to have traffic going
in and out, so we're going to have a large amount of people going in and out of the
facility on Warwick and also on Holland. Again, that affects us in terms of existing and
entering our community. Again, exiting our neighborhood on a weekday morning is a
challenge. We have school buses and that is something we all understand. We want our
children to be able to go to school, but that is one challenge because we can't pass a
school bus. But now, have additional traffic.
Ed Weeden: Mr. Anderson, you have 45 seconds.
Curtis Anderson: I would just like to close and say that we have no objection to Raceco
as a company. Our biggest concern is the affect it is going to have on us in terms of
traffic and the community as a whole.
Barry Knight: Are there any questions of Mr. Anderson? Thank you sir.
Joseph Strange: That concludes our speakers.
Barry Knight: Mr. Bourdon?
Eddie Bourdon: Thank you Mr. Chairman. I appreciate the folks that came out today
and commented. I would like to have an opportunity to meet with the community civic
league. I have left a couple of messages. I know that my client has met with them. But I
do think that the possibility does exist that we can meet again between now and City
Council, which I believe would be helpful in the exchange of information. I would love
Item #12
Aziz Sair
Page 7
to have the opportunity to do that. I appreciate the people who came and spoke today. A
couple of things that I want to mention quickly. The lady who spoke abut wetlands, there
is a manmade canal. Over here, that is not part of his property, and is a 100 buffer from
that canal. Nothing is being impacted there, and it is a maninade canal, so this property is
all high and dry. It is unconditional B-2 zoned property. And as such, can develop any
number of uses not the least of which for the lady who spoke with regard the concerns
about the fact that convenience stores sell beer and wine for off site consumption. You
can have restaurants, bars that serve alcoholic beverages, beer and wine, consumed on
property as a matter of right on this property, located, as I said previously the building
can be 15 feet from the back of the houses. As a matter of right, don't have any say so
over it whatsoever. Again, that is the beauty of this Use Permit, a high quality, high
quality materials being used is to upgrade to the existing that is in the area. You look at
the other commercial shopping centers in this area, this is going to be developed, by -right
and unfortunately they are not the best. And, this Use isn't going to create crime. The
existence of the need for investment in this community does exist. It absolutely does
exist. This gentleman is making the commitment to make a significant contribution in
terms of financial investment with this facility, and, has done everything in his power to
design so it will have little impact. The other thing that I want to mention is that we some
opposition a few years ago to the Citgo gas station on Culver Lane and General Booth
Boulevard, which is very similar in terms of uses on the site, even though it is a much
smaller site than this is. It is about three acres and has an office building as well, some
concerns about u -turns, and what have you. A signalized intersection just like this is.
Ed Weeden: Eddie, you have about 45 seconds.
Eddie Bourdon: It didn't materialize because part of the issue is these don't "generate
traffic", they capture traffic. A significant amount of traffic coming out of that
neighborhood will use this site, and go back into the neighborhood as opposed going out
on Holland Road and going down the street elsewhere. This is not a small neighborhood.
There are similar facilities to this throughout the City at entrances to very substantial and
very nice neighborhoods. The control of the Use Permit gives us is pretty locked by the
situation by these uses. They are actually better in most incidents than your unrestricted
strip shop commercial development. I'll be happy to answer your questions that you may
have.
Dorothy Wood: Eddie, I really appreciate your client adding the brick and changing the
colors. Thank you very much. Unfortunately, I don't think that you have met with the
neighbors. I know that you have tried, and if you could meet with them, I think soon,
they would understand perhaps what could be built there, and how much better this might
be than a bar. I guess you couldn't build a bar, but you could build a restaurant and things
like that.
r— Eddie Bourdon: It doesn't exclude minors. It basically serves food.
Item #12
Aziz Sair
Page 8
Dorothy Wood: And hopefully, I would hate to see the neighbors be so concerned. I think
if they realize how much better this might be than another use, perhaps they would be
more happy to see this. I'm just asking you. I hope that you will please meet with them.
I know Ms. Giles and people like that do have a concern, because I don't think they really
understand what could be there. I would appreciate it sir. Thank you.
Eddie Bourdon: I have left messages. My client has met with them. I would be happy to.
I do think if all the facts are on the table, I think a significant number of people are going
to recognize that this investment and this use and this control far exceeds the potential
benefit than what would happen.
Dorothy Wood: I would appreciate it if you could meet with them.
Eddie Bourdon: I love to have the opportunity.
Dorothy Wood: Thank you.
Barry Knight: Are there any questions? Okay. Thank you sir. I'll open it up for
discussion. Ms. Anderson?
Janice Anderson: As Dot Wood had spoken to Mr. Bourdon, I believe he will have time
to speak with the neighbors. I am in support of the application'because of the reasons that
Ms. Wood has gone over, and Mr. Bourdon has brought up in the back. This is a planned
development on the B-2 that can be very heavy and have a huge impact on this
neighborhood. The proposal has a great buffer to the neighborhood, and it is reasonable
especially with the APZ2 impact on it. The issue with regard to traffic, we have seen in
these cases before that a lot of these gas stations do a recapture of it. They are not going
to decide just because it is there. They capture the traffic on the road, so I would be in
support of the application.
Barry Knight: Mr. Bernas?
Jay Berrias: I got one quick question for staff. There was a lot of discussion about crime.
As one of the speakers mentioned that the Captain has rejected the use, and it would
exacerbate the crime problem. Has anyone from staff heard from the Police Department?
Was there some collation that, I guess the Commission doesn't know about that
convenience stores somehow generate crime? Did the police have any input?
Jack Whitney: I would ask Faith who had worked this to respond to your question Mr.
Berrias.
Faith Christie: The crime prevention officer Eaton reviews all of our requests, and he did
not provide any statistics regarding crime and convenience stores. His only request was
that there be a redesign, so that the operator could see anyone at the carwash area. They
Item #12
Aziz Sair
Page 9
have chosen to have someone there to monitor it, which is in accordance with what he
asked.
Barry Knight: Mr. Crabtree?
Eugene Crabtree: The issue came up about hours at the automated carwash. As Mr.
Bourdon has said, many stations give free carwashes with fill ups, people who use these
stations early in the morning going to work. They fill up and do what they need to do,
and they would need to use that. So, I can see where they would need to extend the hours
of that already. That automated carwash doesn't really make a whole lot of noise or
anything. That is 80 yards away from the closest residence, three quarters of a football
field better. There can't be a whole lot of disturbing noise there. I would like to see the
hours changed to what the time the applicant requested.
Barry Knight: Mr. Crabtree?
Eugene Crabtree: Just for the automated carwash.
Barry Knight: Under the conditions it says site operater shall assign an employee to
monitor the carwash area during operation hours. Horus of operation of the carwash will
be Monday through Friday 7:00 am until 9:00 pm, Saturday and Sunday 9:00 am until
6:00 pm. That is what staff s recommendation is.
Eugene Crabtree: I think the applicant asked that it could be at 6:00 am in the morning. I
don't remember what it was until the evening.
Eddie Bourdon: We are in total agreement with that condition as it pertains to the self-
service carwash. We would like to have in addition to that condition for the self-service
portion of the carwash that the automated be permitted to operate from 6:00 am until
10:00 pm. That is what we had requested.
Barry Knight: Mr. Henley?
At Henley: I have a question for Mr. Bourdon. Mr. Bourdon, will there be surveillance
cameras at this facility?
Eddie Bourdon: I would anticipate that, and if that is a condition that you wish to
impose, we certainly can do that.
At Henley: I didn't see it in the report, but I would like to see surveillance cameras be
position on that particular parcel, and also a signage that the general public can read that
the property is being serviced. We have found elsewhere in the City that it eliminates a
lot of the intents of anyone who has the intention of doing any criminal activity.
Item #12
Aziz Sair
Page 10
Eddie Bourdon: I totally agree with you. I think it protects not only the neighborhood
but it protects. It is designed to be part of the com munity just like the one that operates
on South Lynnhaven and Plaza Trail.
Barry Knight: Is there any other discussion? The Chair will entertain a motion. Ms.
Anderson?
Janice Anderson: I make a motion for approval with the conditions on the application
plus the addition of the automated carwash hours would be from 6:00 am until 10:00 pm
and then did you want to add a condition about the security camera?
Al Henley: Yes. A public notice on the signage that the property is being surveillance
with video cameras.
Janice Anderson: Okay. That security camera plus notice to the public that there are
surveillance cameras on site.
Al Henley: Yes.
Barry Knight: There is a motion on the floor. Do I have a second? Mr. Henley? There
is a motion on the floor to approve by Jan Anderson and a second by Al Henley with the
seven conditions plus two added conditions as so stated. Is there any other discussion?
I'll call for the question.
Ed Weeden: By a vote 11-0, the Board has approved the application of Aziz Sair with the
two added conditions pertaining to the security cameras and the automated carwash
hours.
AYE 11 NAY 0 ABS 0 ABSENT 0
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
STRANGE
AYE
WOOD
AYE
Ed Weeden: By a vote 11-0, the Board has approved the application of Aziz Sair with the
two added conditions pertaining to the security cameras and the automated carwash
hours.
From: Lyn Henry <mlynhl @verizon.net>
Subject: Proposed. Land Development
Date: June 2, 2007 12:22:55 AM EDT
Dept of Planning
2405 Courthouse Drive
Virginia Beach, VA 23456
757-385-4621
Attention Faith Christy
I am writing in reference to the proposed development of the land at the comer of Holland Road and Warwick
Drive. As a member of the Scarborough Square Civic League and homeowner of Scarborough Square I would
like to respond NO to the proposed RaceCo going to be built at this site.
I will be attending the City Council Meeting on June 13th a noon. SSCL is hoping to have a few people in show
of our disapproval for this development.
I have been in contact with Mrs McC4anan and I believe she is in agreement with us that the city should NOT
allow the proposed gas station/car wash to be built. The negative Impact on the neighborhood is something
none of us want to see. At a time when property values have finally gone up we feel that this property
Jevelopment would be a negative impact on property values. Not to mention the crime, trash and traffic that it
would generate. The SSCL does not see the need for another car wash just feet from the Express Spa at the
comer of Holland Road and Lynnhaven Pkwy and B -P gas station just a block away at the comer of Holland
Road and Dam Neck.
I would appreciate any information you could give us in response to this issue.
Thank you for your time.
Lyn Henry
3328 Scarborough Way
Virginia Beach, VA 23453
757-430-1203
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Conditional Zoning Change from i-1 to Conditional A-36
06-12-07
Conditional Use Permit (car wash)
Granted
12-09-68
Conditional Use Permit (auto sales)
Granted
07-13-87
Conditional Use Permit (auto repair)
Granted
01-08-90
Conditional Use Permit (auto sales)
Granted
02-01-00
Conditional Use Permit (auto sales)
Granted
09-24-96
Zoning Change (R-7.5 & B2 to Conditional
Granted
B-1)
05-22-89
Conditional Use Permit (auto repair)
Granted
05-29-90
Conditional Use Permit (bingo)
Granted
11-20-89
Conditional Use Permit (auto repair)
Denied
05-24-94
Subdivision Variance
Granted
02-27-01
Conditional Use Permit (self -storage
Granted
facility)
01-28-92
Conditional Use Permit (bingo hall)
Granted
04-14-92
Conditional Use Permit (recreational
Granted
facility)
ZONING HISTORY'
D.W. GATLING, INC.
Agenda Item
Page 1,,2
Zj
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of D. W. Gatling, Inc. for a Change of Zoning District
Classification from 1-1 Light Industrial District to Conditional A-36 Apartment
District on property located on the north side of Baker Road, approximately 510
feet east of Newtown Road (GPIN 1468308528). AICUZ is Less than 65 dB Ldn.
DISTRICT 2 — KEMPSVILLE
MEETING DATE: August 28, 2007
E Background:
The applicant proposes to rezone the existing 1-1 Light Industrial District property
to Conditional A-36 for the development of two (2) buildings with 108 age -
restricted, multi -family dwelling units (19 dwelling units per acre).
M Considerations:
The proposed multi -family buildings will be staggered in height from three (3) to
four (4) stories. The portion of the building closest to the single-family dwellings
to the north on Paca Lane will be three(3) stories and no taller than 35 feet. The
elevations depict a Colonial -style structure with red colonial brick, off-white
beaded and shake vinyl accents, and a dark gray architectural grade shingle
roof. Proposed amenities include a pavilion, a pool, a gazebo, a small park area,
and garden plots. Access will be provided only via Baker Road, as no
ingress/egress is proposed along Paca Lane. The applicant has indicated that
the units will be for sale for under $150,000.
The property is encumbered by a 150 -foot wide Virginia Power easement totaling
2.412 acres of the 5.501 acre site. An exhibit depicting the location of the
easement is included at the end of this report. Only parking, pavement,
stormwater management facilities and landscaping are permitted within the
easement. All permanent structures must be outside the limits of the easement,
making the site a difficult one to develop.
The Comprehensive Plan recognizes this site as within the Primary Residential
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. The
established type, size, and relationship of land use, both residential and non-
residential, in and around these neighborhoods should serve as a guide when
considering future development.
D. W. Gatling, Inc.
Page 2 of 2
Staff's position is that this proposal as proffered represents a good neighbor for
the single-family neighborhood to the north and the townhouse community to the
south. The proffer agreement provides a high level of certainty that the project
will become a quality addition to this area. The existing light industrial zoning is
inappropriate at this site and could yield many undesirable uses as a matter of
right under that zoning district. The Comprehensive Plan's policies recognize the
need to preserve, protect, and enhance the overall character, economic value,
and aesthetic quality of surrounding neighborhoods.
There was opposition to the request.
0 Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request, as proffered.
N '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 Manager.
D.W. GATLING,
INC.
Agenda Item 17
July 11, 2007 Public Hearing
Staff Planner: Carolyn A.K. Smith
REQUEST:
Change of Zoning District Classification
from 1-1 Industrial District to Conditional A-
36 Apartment District.
ADDRESS / DESCRIPTION: Property located on the north side of Baker Road, approximately 510 feet east
of Newtown Road.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14683085280000 2 — KEIVIPSVILLE 5.446 acres
SUMMARY OF REQUEST
The applicant proposes to rezone the existing 1-1 Light Industrial District property to Conditional A-36 for
the development of two (2) buildings with 108 age -restricted, multi -family dwelling units. Proposed
amenities include a pavilion, a pool, a gazebo, a small park area, and garden plots. Access will be
provided only via Baker Road, as no ingress/egress is proposed along Paca Lane. The applicant has
indicated that the units will be for sale for under $150,000.
The proposed multi -family buildings will be staggered in height from three (3) to four (4) stories. The
portion of the building closest to the single-family dwellings to the north on Paca Lane will be three(3)
stories and no taller than 35 feet. The elevations depict a Colonial -style structure with red colonial brick,
off-white beaded and shake vinyl accents, and a dark gray architectural grade shingle roof.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped, primarily wooded, vacant site
SURROUNDING LAND North: 0 Paca Lane, single-family dwellings, R-7.5 Residential District
USE AND ZONING: South: 0 Baker Road
0 Townhomes / A-18 Apartment District
0 Shopping center / B-2 Community Business District
East: 9 City property purchased for open space / R-7.5 Residential
District
West: * Auto repair/ 1-1 Industrial District
NATURAL RESOURCE AND The wooded site is within the Chesapeake Bay watershed. Portions
CULTURAL FEATURES: have been cleared where Virginia Dominion Power transmission tower
and lines cross the site. There do not appear to be any significant
environmental or cultural features on 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) / CAPITAL IMPROVEMENT PROGRAM (CIP): Baker
Road in the vicinity of this application is considered a two (2) lane undivided collector street. Capital
Improvement Program Project CIP 2-071 is proposed for Baker Road from Bulls Bay Drive to just west
of Holly Farms Drive and will consist of a two (2) lane collector street within 70 foot right-of-way and a
signalized intersection at Witchduck Road. This site does not appear to be impacted by the CIP
construction.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Baker Road
No data
No data available for this
Existing Land Use
available for
portion of Baker Road
414 ADT
this portion of
Proposed Land Use 3
Baker Road
376 ADT
, Average Daily Trips
3 2 as defined by 1-1 zoning
as defined by 108 units for 55+ years old
WATER: This site must connect to City water. There is an 8 -inch City water main in both Baker Road and
Paca Lane.
SEWER: This site must connect to City sanitary sewer. There is an existing 8 -inch City gravity sanitary sewer
main in Paca Lane and an 8 -inch City gravity sanitary sewer on Baker Road. There is also an existing 10 -inch
City gravity sanitary sewer main crossing through the property from Baker Road to Paca Lane. Analysis of
Pump Station 344 and the sanitary sewer collection system is required to ensure future flows can be
accommodated. Note: a 30 -foot wide public utility easement will need to be established for the public sanitary
sewer crossing the property..
A WTT
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request with the submitted proffers. The proffers are provided below.
Comprehensive Plan:
The Comprehensive Plan recognizes this site as within the Primary Residential 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. The established type, size, and relationship of land use, both residential and non-residential,
in and around these neighborhoods should serve as a guide when considering future development.
It should be noted that this site is one of three parcels generally identified in the City Council -adopted
Outdoors Plan as a Top Priority for acquisition through the Citys Open Space Acquisition Program.
Specifically, the recommendation of the plan states: "Establish a community -sized park within the
southern Bayside/Amhurst area; an area densely developed with residential and commercial
development, yet void of basic active recreational opportunities for the community's residents." Public
Works Real Estate has been in contact with the property owner on several occasions since 2001;
however, the property owner has not indicated a desire to sell this site to the City.
Evaluation:
The change of zoning request from 1-1 Light Industrial District to Conditional A-36 for the development of
two (2) buildings with 108 age -restricted, multi -family dwelling units is acceptable. The resulting density is
approximately 19 units to the acre.
The property is encumbered by a 150 -foot wide Virginia Power easement totaling 2.412 acres of the
5.501 acre site. An exhibit depicting the location of the easement is included at the end of this report.
Only parking, pavement, stormwater management facilities and landscaping are permitted within the
easement. All permanent structures must be outside the limits of the easement, making the site a difficult
one to develop.
The original layout presented to Staff was unacceptable in terms of site layout and architectural mass.
That plan depicted a four (4) story structure approximately 20 feet from an existing single-family dwelling
to the north on Paca Lane. The applicant worked diligently to redesign the site and revise the building in
an effort to be sensitive to the existing single-family neighborhood to the north. The revised layout now
has the closest building to Paca Lane at 30 feet and is also approximately 110 feet from the closest
single-family dwelling unit on Paca Lane. The proposed multi -family buildings will be staggered in height
from three (3) to four (4) stories. Perhaps, most importantly, the portion of the building closest to the
single-family dwellings on Paca Lane will be three (3) stories and no taller than 35 feet. This is a
substantial reduction in height and mass from the initial submittal.
Staff s position is that this proposal as proffered could be a good neighbor for the single-family
neighborhood to the north and the townhouse community to the south. The proffer agreement provides a
high level of certainty that the project will become a quality addition to this area. The existing light
industrial zoning is inappropriate at this site and could yield many undesirable uses as a matter of right
under that zoning district. The Comprehensive Plan's policies recognize the need to preserve, protect,
and enhance the overall character, economic value, and aesthetic quality of surrounding neighborhoods.
D.W. G"'ATLING JNC�
A nda
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N,
As stated above, the reduction of height and mass of the structures and the improved layout of the site
have contributed to Staffs position of recommending approval of the rezoning and in the project meeting
the recommendations of the Comprehensive Plan.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(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.
PROFFER1:
The Grantor shall develop the Property in substantial conformity with the concept plan prepared by the
Lawson Companies, Inc., entitled "Conceptual Site Plan, Plan for Baker Road Senior Living Condominiums,
" dated June 22, 2007 (the "Concept Plan"), a copy of which is on file with the Department of Planning and
has been exhibited to the City Council.
PROFFER 2:
The Grantor shall develop the structure on the Property in substantial conformity with the building elevations
prepared by the Lawson Companies, Inc., entitled "Conceptual Elevation, Building A" and "Conceptual
Elevation, Building B, " dated June 22, 2007 (the "Building Elevations"), copies of which are on file with the
Department of Planning and have been exhibited to the City Council.
PROFFER 3:
When developed, the multi -family dwelling units shall be designated as "housing for older persons" in
accordance with the laws and regulations related to "housing for older persons", as that term is defined in
the Virginia Fair Housing Law (Va. Code § 36-96.1 et seq.), the Fair Housing Act (42 U.S.C. § 3602 et seq.).,
and the accompanying state and federal regulations referenced therein (the "Fair Housing Laws"). Grantor
acknowledges that, to qualify as "housing for older persons", the Fair Housing Laws (a) provide, among
other things, that at least eighty percent (80%) of the occupied units must be occupied by at one (1) person
who is at least fifty-five (55) years of age or older, and (b) require Grantor to publish and adhere to policies
and procedures which demonstrate an intent by Grantor, or its manager, to provide housing for persons fifty-
five (55) years of age or older.
PROFFER 4:
The development on the property shall not exceed one hundred eight (108) multi -family dwelling units.
PROFFER 5:
Prior to final site plan approval, the Grantor shall prepare and submit a lighting plan to be approved by the
Planning Director or his designee during final site plan review.
PROFFER 6:
Further conditions lawfully imposed by applicable development ordinances may be required by the grantee
during detailed site plan and/or subdivision review and administration of applicable City Codes by all
cognizant City Agencies and departments to meet all applicable City Code requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the
D.W.
project and provide predictability in terms of site layout, architectural style and heights, ingresslegress, etc.
The City Attorney's Office has reviewed the proffer agreement dated June 22, 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.
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06-12-07
Conditional Use Permit (car wash)
Granted
12-09-68
Conditional Use Permit (auto sales)
Granted
07-13-87
Conditional Use Permit (auto repair)
Granted
01-08-90
Conditional Use Permit (auto sales)
Granted
02-01-00
Conditional Use Permit (auto sales)
Granted
09-24-96
Zoning Change (R-7.5 & B2 to Conditional
Granted
B-1)
05-22-89
Conditional Use Permit (auto repair)
Granted
05-29-90
Conditional Use Permit (bingo)
Granted
11-20-89
Conditional Use Permit (auto repair)
Denied
05-24-94
Subdivision Variance
Granted
02-27-01
Conditional Use Permit (self -storage
Granted
facility)
01-28-92
Conditional Use Permit (bingo hall)
Granted
04-14-92
Conditional Use Permit (recreational
Granted
facility)
ZONING HISTO
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Item #17
D.W. Gatling, Inc.
Change of Zoning District Classification
North side of Baker Road
District 2
Kempsville
July 11, 2007
REGULAR
Barry Knight: Mr. Strange, the next item to be heard.
Joseph Strange: The application is item 17, D.W. Gatling, Inc. It's an application of
D.W. Gatling, Inc., for a Change of Zoning District Classification from 1-1 Light
Industrial District to Conditional A-36 Apartment District, on property located on the
north side of Baker Road, approximately 510 feet east of Newtown Road, District 2,
Kempsville, with six proffers.
Barry Knight: R.J. welcome. We'll give you a second to let it the Chamber clear out.
R.J. Nutter: I appreciate it.
Barry Knight: R.J. welcome.
R.J. Nutter: Thank you very much. For the record, my name is R.J. Nutter. I'm an
attorney representing the applicant. I know this matter was on your consent agenda. This
application is unique in a couple of ways in my mind. I want to take a little time to
explain it. One of the unique aspects of it is the fact that this application is coming rather
quickly. Typically, an application like this you have a little bit more time to meet with
more people than we had the opportunity to do here. I'll explain that. This property is
currently zoned industrial. It has been on the market for several months. It came to my
client's attention because it was zoned industrial, and as you may know, David Gatling is
typically in the mini -storage business, and it came to him for a mini -storage site. And
after looking at the site and some other matters that I will tell you, he quickly found the
site could not accommodate mini -storage. And he came and said, what about the
possibility of putting residential here. I said that would be a terrific idea. Most of the
property around it is zoned residential anyway. That would be a significant
improvement. I would like to see you do something significantly nice. This area is in
need of some really strong investment. So, they were then partnered with the Lawson
Companies, who work a lot in age restricted housing, and he met, in fact, with Ron
Ripley, one of your former members and sat down with Ron and said, "what do you think
about this?" He said it is a terrific site. Unfortunately, you are in competition with me,
but it is a great site. So, in fact, he went through the planning process and submitted
plans, and that did not conclude until just about two weeks ago. The original plans were
submitted and staff wanted to make changes too. I must tell you that the changes staff
made are significant improvements. We're here to tell you that we are happy that process
Item #17
D.W. Gatling, Inc.
Page 2
occurred. I'll explain those to you in a minute. What that means is that we couldn't
contact people about this application, area neighbors and so forth until just about two
weeks ago. Of course, the 01 of July was in the middle of this, and it made things even
worse; so, we nearly contacted or tried to reach Linda Carrington. Linda, as you may
know is the President of the Newsome Farm Civic Association, and this is part of
Newsome Farms civic league right through here, including Paca Lane. And, she did
return our calls. So, I eventually then contacted representatives of the Northwest Beach
Partnership, and after speaking to three different people, I finally got back to the right
person, and as a result of that, I said we got to defer this. Our next meeting isn't until the
end of July. I said the problem with that is there is a backup contract on this property for
industrial. Our contingency period ends in August. We can meet with you in July, but we
just don't have the option in this case of granting you a deferral, which we would
otherwise be happy to do. So, we finally got a call back from a Mr. Kirk. Mr. Kirk is the
Vice President of the Newsome Farms Civic League. I just pointed that out to you. Mr.
Kirk lives (pointing to PowerPoint) on the comer of Colley and Lawrence, which is about
here, ladies and gentlemen just off this map. It is approximately right here. And, he has
been the Vice President of that civic league for long as I can remember. He told me that
Linda, was in fact, out of the country. He, in fact, then was with his wife with an
operation out of state. He came back quickly as a result of his wife's operation and could
meet with us. The result of that meeting told us that this is a terrific thing that you are
doing. We would really like to get rid of that industrial zoning. We do want residential
there. We like what you are doing, and please relay that to whomever you can, because
he had to leave the day after to go back to Pittsburgh to his wife. He is coming back at
the end of this week, and we are planning on meeting with the rest of the civic league.
So, I typically try to meet with people early and often. I can tell you that in this case,
events have prevented that normal process that I like to follow. So, what I'm racing
against now is your clock. If there is anything else, because I'm afraid that this property
is under contract for industrial use, and the owner had no interest in extending their
contract. It is based upon a contingency for rezoning, so having said all those things.
This is an application to actually convert this property from industrial, and it is
unconditional industrial by the way, 1-1, and change it, in fact, to residential. Now, the
unique aspect about this property is that this property is heavily encumbered by a very
large Virginia Power easement. It is 150 foot wide. It takes an "U turn right through the
back of the property; so, of the 5.5 acres, over 2.2 acres of this site are encumbered by
this easement. So, in essence, you've got two developable parcels within this property
for structures, one here and one here. So they originally came up with a plan with two
structures, as you see here. The difference is that there were two long structures, and we
were closer to Paca Lane in the first set of plans. They were both three-story structures.
Staff asked us to modify that so we could increase the setbacks from Paca Lane, and to
reduce the heights of the structures particularly here because there is a single-family
home located right here. And, she asked if we could keep this to a single-family height.
So, we did. It is a little wrong in staff s write up. I told Carolyn about it. This structure
is about three stories at this location, but the two wings here are two-story structures. So,
they are not actually going to exceed 35 feet in height. In fact, they will be under 35 feet.
This structure is, and we took some of the density out of this piece and put it over here,
Item #17
D.W. Gatling, Inc.
Page 3
with three-story wings with a four-story piece in the center, which makes for real nice
change in grading to a three-story, four-story here on Baker, and then three-story piece
here, two-story and two-story here. The balance of the property is then used for parking
for the residents and a garden area here with plots and so forth with a small gazebo area.
And then here, some of the recreational facilities; hot tub, and other features that we can
have inside that easement that is being viewed as temporary structures. So, to make it
even better, we went and we said we want to restrict this from an age perspective, so it is
an age -restricted to persons 55 years of age and older. One of the nicest parts about this
in my opinion, is this serving a need of this community, in my opinion, in great need of,
and that is senior housing for people 55 years of age or older, and most significantly, in a
price range that is really unique. Our price range on this property is going to be
approximately $155,000 per unit. That is significant. When we met with Mr. Kirk, he
conveyed that several of his members are having trouble because their family members
live in the area. They are paying rent for structures, and the rent keeps going up. In here,
you can buy a structure and have your cost set and own that facility. In fact, my point is
what happens if someone wants to move there and is 60 years old or 70 years, and they
die, can children inherit it. That wouldn't be allowed under the restrictions. He said that
is a good thing. So, we addressed that issue to make sure he understood it all. So, he has
been very supportive and has your staff. So, the other nice good thing about this is the
quality level. If I could put the renderings up, if I could, because I know there are some
people here today. I know we haven't met with them because I haven't talked with very
few people. So, maybe it is the first time they have had the opportunity to see this.
These are very nice structures as you can see. They are Colonially designed. This would
be frankly, the largest single capital investment in this area, that I am aware of in this area
that I am aware of in recent memory. In fact, only about 60 days ago, this commission
approved, in a shopping center across the street, a small application for a wig school, and
people were teaching that. You all were praising them for making an investment in that
shopping center. I knew this was coming; so, I thought, I can't wait until they see this.
So, this we believe is a significant improvement. It is converting property back to
residential away ftom industrial. It is residential on three sides. I will tell you some of
the usage that can go by right in an industrial zone property. This may help you and
others because most people don't realize that. In fact, I told, Patty, who is very nice, she
called me this morning at my home and indicated she was going to send a letter. She
knows about contract problems, but she was still going to request deferral. So, I told her
that I really hope she can support.
Ed Weeden: R.J. You have 35 seconds.
R.J. Nutter: Thank you very much Ed. Just very briefly, I will tell you that some of the
by -right activity that can occur on this property today are auto repair, auto rental, truck
repair, truck rental, wholesale distribution facilities, manufacturing, heavy equipment
sales and service, office warehouse, commercial parking lots, and even an indoor
shooting range is allowed under the ordinance, and I've confirmed all of these with your
Zoning Administrator, by the way; so, you have an idea of what can go on this property.
Item #17
D.W. Gatling, Inc.
Page 4
I know my time is up, and I will try to close and try to answer any questions that you all
may have about this application.
Barry Knight: Are there any questions at this time for Mr. Nutter?. Mr. Redmond?
David Redmond: Mr. Nutter. I got the same phone call you did this morning. I have a
copy of the letter too. And this is a coalition as you know of civic leagues in the
northwest part of the city, and predominately, if not exclusively, within the Bayside
District. Would you do me a favor, and do your very best to get with them between this
meeting and the Council meeting, and hopefully try to belay their concerns? I like what I
see very frankly in the application. And, when you just oppose that with some of the uses
that are possible under the current zoning designation, it becomes more of a no-brainer,
but I think they would like to have the same level of comfort that some of the other folks
that you have talked to and reached, and if you would do me that favor, I would
appreciate it.
R.J. Nutter: I'll be happy to do that. I understand their next meeting is the 3 1 st of July,
and I spoke to their secretary about being added to that meeting. I just totally couldn't
defer it because of contract problems.
David Redmond: Thank you.
R.J. Nutter: Yes sir.
Barry Knight: Mr. Henley.
Al Henley: Mr. Nutter, I can't see it on this rendering that I have. But in the write up, it
says that the BMP is located within the easement. Could you point to it? Is that in the
upper left hand comer? Is that where the proposed BMP is or is it an underground
facility?
R.J. Nutter: It is above ground. I believe it is located right here if I'm not mistaken.
Al Henley: That is the only thing I see parking on. I just assumed.
R.J. Nutter: One thing that I want to point out here is that we tried to eliminate access to
Paca Lane. I have never seen this before. This is a street, a residential street. There are
homes all along Paca Lane. And this is shared, direct access to this site. It is not just
Baker here in the front, but you got direct access off this site off of Paca Lane, and that
could be really horrible to the residents along Paca Lane, in my mind, if it was developed
industrially. In fact, the people next door, Burgess Snyder. He is right here, a nice
operation. They have a chain link fence and razor wire protecting the back of their
property. So, this application with nice fencing and landscaping all along your staff
asked for, we agreed, really makes a significant difference in not just the area but for the
people along Paca Lane. I want to point that out to you while I could.
Item #17
D.W. Gatling, Inc.
Page 5
Barry Knight: Are there any other questions for Mr. Nutter? Thank you sir.
Joseph Strange: Speaking in opposition, we have William Layden.
William Layden: Good afternoon.
Barry Knight: Welcome sir.
William Layden: My name is William Layden. I just built a house on the north side of
Paca Lane, and after hearing the previous gentleman, he has addressed all my concerns.
I've changed my opinion.
Barry Knight: Okay. Mr. Strange?
Joseph Strange: That is all the speakers.
Barry Knight: Mr. Nutter. I don't know if you need to come back.
R.J. Nutter: I would like to get out of here so that is fine with me. I'll be happy to
answer any questions that you might have.
Barry Knight: Okay. Are there any other questions for Mr. Nutter after hearing Mr.
Layden?
Dorothy Wood: I would like to make a motion if it is appropriate sir?
Barry Knight: It would be appropriate.
Dorothy Wood: Thank you very much.
Barry Knight: Would you please state your motion ma'am?
Dorothy Wood: I would like to make a motion that we approve the application. I'm very
happy to see low income or workforce housing in the area. I am always happy to see
more senior citizen housing. They have done a good job with the application and thank
you Mr. Nutter and your client.
Barry Knight: Is that what you seconded Mr. Livas?
Henry Livas: Yes. That was obvious.
Barry Knight: Mr. Crabtree?
Eugene Crabtree: Just one quick comment. I think everyone knows how I feel about
senior citizens and low income housing. I want to say that is exactly what we're looking
Item #17
D.W. Gatling, Inc.
Page 6
for in the city. This is a big step forward accomplishing what we want for our senior
citizens as well as workforce housing and reasonable income housing. I think the
developers need to be applauded for this.
Barry Knight: Thank you. Is there any other discussion? There is a motion on the floor
made by Dot Wood and a second by Henry Livas to approve agenda item 17. I'll call for
the question.
AYE 11 NAY 0 ABS 0 ABSENT 0
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KATSIAS AYE
KNIGHT AYE
LIVAS, AYE
REDMOND AYE
STRANGE AYE
WOOD AYE
Ed Weeden: By a vote of 11-0, the Board has approved the application of D.W. Gatling,
Inc. has been approved.
In Reply Refer To Our File No. DF -6531
TO: Leslie L. Lilley
FROM: B. Kay Wilsono;,
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: August 17, 2007
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; D.W Gading, Inc.
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on August 28, 2007. 1 have reviewed the subject proffer agreement, dated
June 22, 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
Document Prepared By:
Troutman Sanders LLP
222 Central Park Avenue, Suite 2000
Virginia Beach, VA 23462
AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of this 22 d day of June, 2007, by
and between L. HALL INVESTMENTS, L.L.C., a Virginia limited liability company
("Hall Investments"), the current owner of that certain property located in the City of Virginia
Beach, Virginia, identified by GPIN 1468-30-8528, as more particularly described in Exhibit A
attached hereto and incorporated herein by reference (the "Property"); D. W. GATLING, INC.,
a Virginia corporation ("Gatling" and, collectively with Hall Investments, the "Grantor"), the
contract purchaser of the Property; and the CITY OF VIRGINIA BEACH a municipal
corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee").
WITNESSETH:
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
of the Property from 1-1 to Conditional A-36; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed-use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the 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 Conditional A-36 are needed
to cope with the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing A-36 zoning districts 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
V4WREAS, said conditions having been proffered by the Grantor 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
GPIN NO. 1468-30-8528
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or 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 Grantor, for itself, its 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 guo for
zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following
declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenants and agrees that these
proffers (collectively, the "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 Grantor, its heirs, personal representatives, assigns, grantees and other successors in
interest or title, namely:
1. The Grantor shall develop the Property in substantial conformity with the concept
plan prepared by The Lawson Companies, Inc., entitled "Conceptual Site Plan, Plan for Baker
Road Senior Living Condominiums", dated June 22, 2007 (the "Concept Plan"), a copy of which
is on file with the Department of Planning and has been exhibited to the City Council.
2. The Grantor shall develop the structures on the Property in substantial conformity
with the building elevations prepared by The Lawson Companies, Inc., entitled "Conceptual
Elevation, Building A" and "Conceptual Elevations, Building B", dated June 22, 2007 (the
"Building Elevations"), copies of which are on file with the Department of Planning and have
been exhibited to the City Council.
3. When developed, the multi -family dwelling units shall be designated as "housing
for older persons" in accordance with the laws and regulations related to "housing for older
persons", as that term is defined in the Virginia Fair Housing Law (Va. Code § 36-96.1 et seq.),
the Fair Housing Act (42 U.S.C. § 3602 et seq.)., and the accompanying state and federal
regulations referenced therein (the "Fair Housing Laws"). Grantor acknowledges that, to qualify
as "housing for older persons", the Fair Housing Laws (a) provide, among other things, that at
least eighty percent (80%) of the occupied units must be occupied by one (1) person who is at
least fifty-five (55) years of age or older, and (b) require Grantor to publish and adhere to policies
and procedures which demonstrate an intent by Grantor, or its manager, to provide housing for
persons fifty-five (55) years of age or older.
2
4. Persons who are twenty-one (21) years of age or younger shall be prohibited from
residing within the multi -family dwelling units located on the Property for more than three (3)
months per calendar year.
5. The development on the Property shall not exceed one hundred eight (108)
multi -family dwelling units.
6. Prior to final site plan approval, the Grantor shall prepare and submit a lighting
plan to be approved by the Planning Director or his designee during final site plan review.
7. Further conditions lawfully imposed by applicable development ordinances may
be required by the Grantee during detailed site plan and/or subdivision review and administration
of applicable City Codes by all cognizant City agencies and departments to meet all applicable
City Code requirements.
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 Grantor covenants and agrees that (1) the Zoning Administrator of the City of
Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
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 pernfits 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 Grantor 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 Department
of Planning 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 Grantee.
3
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR: L. HALL INVESTMENTS, L.L.C.,
a Virginia limited liability company
By: _
Name:
Title:
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 95 day of Ju_r�
2007, by C. Thomas Vaughan , who is personally known to me or has produced
as identification in his capacity as Trustee of L.Hall Investments,
L.L.C., a Virginia limited liability company, on behalf of the company.
My Commission Expires: JL'U��
U
[NOTARIAL SEAL/STAW]
Notary Public
4
IN WITNESS WTEREOF, the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR: L. HALL INVESTMENTS, L.L.C.,
a Virginia limited liability company
By: YI
44C_61,21
Name: Linda V. SgMXer
Title: Trustee
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this --� jl:' day of JU YLt— 11
2007, by Linda V. Sawyer, who is personally known to me or has produced
J�'L'Uv-�as identification in her capacity as Trustee of L. Hall Investments,
L.L.C., a Virginia limited liability company, on behalf of the company.
I'" /tzjo-z',�
Notary Public U U
My Commission Expires: 061rxLkg�� 31 , a00-':1'
U
[NOTARIAL SEAL/STANP]
5
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR: D. W. GATLING, INC.,
a Virginia corporation
By
Name: David W. Gatling
Title: President
CONMONWEALTH OF VIRGINIA
CITY OF VIRGD41A BEACH, to -wit:
The foregoing instrument was acknowledged before me this 26�- day oflilo
20N,- by David W. Gatling , who is personally known to me or has produced
()/'I— as identification in his capacity as President D. W. Gatling, Inc., a
Virginia corporation, on behalf of the corporation.
%(IU 'T —
My Commission Expires: I �/k I Il/UZ otary Public
[NOTARIAL SEAL/STANP]
336814.3
M
0XIMN
LEGAL DESCRIPTION OF PROPERTY
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, State of Virginia, and known, numbered
and designated Parcel B on that certain plat entitled "Subdivision of part of Lot 34, Plat Showing
a survey and division of Newsome Farm, Bayside Borough, Norfolk (SIC), Virginia7', made by
Wilfred P. Large, Certified Land Surveyor, Norfolk, VA, March 23, 1976, and duly recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 116,
at page 1.
LESS AND EXCEPT the following:
1) That portion of the property conveyed to the City of Virginia Beach by Deed and Deed of
Easement recorded in Deed Book 2793, page 2025.
2) That portion of the property acquired by the City of Virginia Beach for widening of Paca Lane
Road, as shown in Deed Book 2707, pages 1367 and 1368 and amended in Deed Book 2718,
pages 360 and 361.
IT BEING part of the same property conveyed to L. Hall Investments, L.L.C., a Virginia limited
liability company, by deed from Lawrence Hall Vaughan, Trustee under Trust Agreement dated
June 8, 1989, dated December 14, 1988, and filed for record December 28, 1998, in Deed Book
4005, page 1898.
7
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ColydiLion,iiZoning Change: trOm R -75/^C-1 to A-12)
CITY OF VIRG I NIA BEACH
AGENDA ITEM
ITEM: Application of Village Bend, L.L.C. for a Change of Zoning District
Classification from R-15 Residential District and AG -1 Agricultural District to
Conditional A-12 Apartment District with a PD -H2 Planned Development Housing
District Overlay on property located on the south side of Dam Neck Road,
approximately 170 feet east of Southcross Drive (GPIN 1484166408 — part of).
AICUZ is Less than 65 dB Ldn. DISTRICT 7 — PRINCESS ANNE
MEETING DATE: August 28, 2007
Background:
The applicant proposes to rezone the subject site, zoned R-1 5 Residential
District and AG -1 Agricultural District, to Conditional A-1 2 Apartment with a PD -
H2 Planned Unit Development District, for the purpose of developing the site with
106 single-family dwellings and 150 multi -family dwellings, for a total of 256
dwellings. This equates to 7.9 units per acre.
0 Considerations:
The PD -H2 District requires a minimum of 15 percent of the total land area to be
devoted to open space and public sites, or for this project, a minimum of 4.83
acres. The applicant has set aside six (6) acres of open space. Additional
amenities include a walking trail with benches around the stormwater
management facility, a pool, and clubhouse. The applicant is reserving 44 multi-
family units, comprising seventeen percent (17%) of the proposed project, for
workforce housing. While existing and proposed densities in the area range
from 2.25 dwelling units per acre to the recently approved 8.8 dwelling units per
acre in Renaissance Park, the applicant proposes a density of 7.9 units to the
acre. The site is located in an AICUZ of less than 65 dB DNL, where increased
residential density is appropriate. Access is also an important consideration in
evaluating the appropriateness of residential density increases. The site has
frontage on Dam Neck Road, which is now a major east -west connector from
Indian River Road to General Booth Boulevard and able to support additional
density.
The proposed site layout provides an acceptable transition of dwelling units with
estate type homes positioned adjacent to the New Castle subdivision, carriage
style homes with rear -loading garages off of alleys in the middle of the site, and
multi -family dwellings on the eastern side of the site adjacent to the City of
Virginia Beach Parks and Recreation and General Services offices. The density
Village Bend, L.L.C.
Page 2 of 2
of the multi -family portion of the site is balanced by the stormwater management
facility, community pool and clubhouse. The provision of six acres of open space
throughout the project adds another dimension in the overall quality of the
project.
There was opposition to the request.
E Recommendations:
The Planning Commission passed a motion by a recorded vote of 9 to 2 to
approve this request, as proffered.
E 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 Manager:
VILLAGE BEND,
L.L.C.
Agenda Item 18
July 11, 2007 Public Hearing
Staff Planner: Faith Christie
REQUEST:
Change of Zoning District Classification from
R-1 5 Residential District and AG -1 Agricultural
to Conditional A-12 Apartment with a PD -H2
Planned Unit Development District
-, , : - M101
Ila,
W_ M
ADDRESS I DESCRIPTION: Property located on the south side of Dam Neck Road, approximately 170 -feet
east of Southcross Drive
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
Part of 14841664080000 7 — PRINCESS ANNE 32.24 Acres
SUMMARY OF REQUEST
The applicant proposes to rezone the existing R-1 5 Residential
District and AG -1 Agricultural to Conditional A-12 Apartment with a PD -H2 Planned Unit Development
District, and develop the site with 106 single-family dwellings and 150 multi -family dwellings, for a total of
256 dwellings. This equates to 7.9 units per acre.
Entrance to the site will be via a single entrance from Dam Neck Road. An entrance feature with signage
and landscaped areas, on each side of the private road, are proposed. The proposed conceptual plan
depicts 15 ten -unit buildings and 106 single-family lots. The proposed single-family lots are situated
adjacent to the existing New Castle subdivision to the west of the site. Seventy-five of the proposed lots
within the interior of the site are "alley loaded" with parking located to the rear of the lot. The proposed
ten -unit buildings are to be situated along the eastern and southern portions of the site, separated by the
stormwater management facility. Minimum setbacks from the property lines for the single-family dwellings
are proffered at 30 -feet from Dam Neck Road, 50 -feet from the property line shared with the New Castle
subdivision, with a 25 -foot treed buffer, and a minimum rear yard setback of 25 -feet adjacent to the
southern property line. The applicant is providing 1.9 parking spaces per unit (not including garages).
The Planned Development District requires a minimum of 15 percent of the total land area to be devoted
to open space and public sites. This would require a minimum of 4.83 acres, exclusive of setback areas,
parking and roadways, and stormwater management facilities. The applicant has set aside six (6) acres of
open space. Additional amenities include a walking trail with benches around the stormwater
VILLAGE BEND, LLC
Agenda Item 18
Page I
management facility, a pool, and clubhouse. The applicant is reserving 44 multi -family units, comprising
seventeen percent (17%) of the proposed project, for workforce housing. The units will be available for
sale to credit -worthy buyers having incomes between 80 and 120 percent of area median household
income, determined using HUD -published figures as adjusted for family size, for the year in which the
homebuyer is qualified to purchase.
The proposed architecture for the site is a modified Tudor Revival style. The proposed buildings have
hipped roofs with pitched gables, adorned with shed -roofed and arched dormers. Brick water tables with
lap vinyl siding are the major components of the exterior of the buildings with stone providing a decorative
architectural relief. Steeply pitched sloping gables provide additional interest. Standing seam copper and
cedar shake shed roofs cover bay windows. Transoms are provided over some of the entrances. Batten
style shutters, doors, and garage doors are also depicted on the elevations.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Uncultivated farm fields
SURROUNDING LAND North: 0 Dam Neck Road
USE AND ZONING: 0 Across Dam Neck Road are single-family dwellings and New
Castle Elementary School I R-7.5 Residential and AG -1
Agricultural
South: 0 A church and farm I R-1 5 Residential
East: 0 City of Virginia Beach General Services and Parks and
Recreation offices, and proposed ball fields / AG -1 Agricultural
West: 0 Single-family dwellings I R-1 5 Residential
NATURAL RESOURCE AND The majority of the site is a fallow farm field. There are no natural
CULTURAL FEATURES: 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) / CAPITAL IMPROVEMENT PROGRAM (CIP): Dam
Neck Road in front of this application is a two-lane undivided major suburban arterial. The Master
Transportation Plan proposes a divided facility with bikeway within a 125 -foot right-of-way. A Capital
Improvement Program Project is slated for Dam Neck Road in the vicinity of this site. Elbow Road
extended - Phase 11 (CIP 2-152) is a First Cities project, which involves improving Elbow Road from
Indian River Road to Dam Neck Road, just west of Landstown Road. The improvements include a four -
lane divided highway within a 125 -foot right-of-way with a sidewalk, multi -use path, landscaping, and
aesthetic features. The project will also replace the existing sub -standard Elbow Road bridge. The start
date for construction has been moved beyond 2012 due to reduced state funding.
VILLAGE BEND, LLC
Agenda Item.18
Page 2
Left and right turn lanes will be required as part of this development for Dam Neck Road. The project
must also be coordinated with the Elbow Road Extended — Phase 11 CIP for roadway and right-of-way
accuracy.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Dam Neck Road
3,672 ADT'
17,100 ADT
Existing Land Use
593 ADT
Proposed Land Use 3
1,893 ADT
Average Dany i nps
2 as defined by the current R-15 Residential and AG -1 Agricultural Districts
3 as defined by 106 single-family dwellings and 150 multi -family dwellings
(121 PM peak hour vehicles entering / 65 PM peak hour vehicles exiting
The Traffic Impact Analysis (TIA) has been reviewed for Village Bend Subdivision. Traffic Engineering
substantially agrees with the TIA dated February 2007 and is approving the recommendations and conclusions
of the TIA except as noted in some of the comments to follow. Traffic Engineering's approval of the TIA
means that the Applicant has satisfied the requirements of the City of Virginia Beach Traffic Impact Study
guidelines and technical requirements.
Public Works Engineering supports and accepts the following recommendations included in the Village Bend
Subdivision TIA:
Construct a westbound left -turn lane on Dam Neck Road with a minimum of 125 feet of storage and a
minimum of 200 feet of taper; however, Public Works would like the storage increased to 150 feet to
coincide with the Public Works standards.
Construct an eastbound right -turn lane on Dam Neck Road with a minimum of 100 feet of storage and
a minimum 200 -foot taper; however, Public Works would like the storage increased to 150 feet to
coincide with the Public Works standards.
Construct separate left and right -turn exit lanes from the site.
It must be noted that Public Works will also require a Traffic Signal Bond at a specified time during Site Plan
review for a potential signal at the intersection of Dam Neck Road and the Site entrance. Public Works may
also require a traffic signal warrant analysis for this intersection prior to the release of the Traffic Signal Bond.
If the Applicant desires to extend the project limits and connect to the southern parcels, then the TIA must be
revised to incorporate all project areas. This may result in additional Traffic Signal Bonds and roadway
improvements outside of the initial recommendations. At this time, Public Works is accepting the
recommendations for the applied parcel only.
WATER: This site must connect to City water. There is an eight -inch City water main in Southcross Court and
a 12 -inch City water main along Dam Neck Road (Elbow Road).
SEWER: There is an existing eight -inch City gravity sanitary sewer main in Southcross Court and a 10 -inch
City gravity sanitary sewer main at the intersection of Dam Neck Road (former Elbow Road) and Southcross
Drive. City sanitary sewer does not front the site. This site must connect to City sanitary sewer by extending
the gravity sanitary sewer main from the intersection of Southcross Drive and Dam Neck Road (former Elbow
VILLAGE BEND, LLC
Agenda Item 18
Page 3
Road), or by extending the main along Southcross Court to the site. Analysis of Pump Station 575 and the
sanitary sewer collection system is required to ensure future flows can be accommodated.
STORM WATER 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 project
will need to provide adequate stormwater discharge outfalls and identify adequate offsite receiving drainage
systems. Public easements will need to be provided / dedicated if any of the existing drainage ditches located
on City Property is proposed to be used to drain stormwater runoff from the proposed development through
City property to the existing canal located to the east of the property.
SCHOOLS:
School
Current
Enrollment
Capacity
Generation
Change 2
New Castle Elementary
743
788
39
37
Landstown Middle
1,587
1,596
20
19
Landstown High
2,270
2,181
29
27
.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).
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request as proffered.
Comprehensive Plan:
The Comprehensive Plan map and land use policies place this site within the Primary Residential Area
(PRA), which indicates the importance of neighborhood character and its relationship to compatible land
use and traffic management. The land use planning policies and principles for the PRA focus strongly on
preserving and protecting the overall character, economic value and aesthetic quality of the stable
neighborhoods in the area.
Evaluation:
The proposal conforms to the Comprehensive Plan recommendations for creating a high quality
residential development with a mixture of housing types. The key to creating a diverse development is to
insist that all types of housing, no matter the price range, be of high quality in terms of building materials,
architectural design, and site layout. The proposal contains several different dwelling styles including
estate type homes, carriage type homes, and multifamily homes. The applicant has voluntarily proffered
44 units within the multi -family portion of the site for affordable dwelling units. The proposed affordable
dwelling units are interspersed within the multi -family portion of the development and the exteriors are
physically indistinguishable from market priced units in the project.
The current zoning of the property is R-1 5 Residential and AG -1 Agricultural, which represents a density
of 2.25 dwelling units per acre and one dwelling unit per 15 -acres, respectively. While existing and
proposed densities in the area range from 2.25 dwelling units per acre to the recently approved 8.8
VILLAGEBEND, LLC
Agenda Item 18
Page 4
dwelling units per acre in Renaissance Park, the applicant proposes a density of 7.9 units to the acre. The
site is located in an AICUZ of less than 65 dB DNL, where increased residential density is appropriate.
Access is also an important consideration in evaluating the appropriateness of residential density
increases. The site has frontage on Dam Neck Road, which is now a major east -west connector from
Indian River Road to General Booth Boulevard and able to support additional density.
The proposed site layout provides an acceptable transition of dwelling units with the estate type homes
positioned adjacent to the New Castle subdivision, the carriage style homes with rear -loading garages off
of alleys in the middle of the site, and the multi -family dwellings on the eastern side of the site adjacent to
the City of Virginia Beach Parks and Recreation and General Services offices. The density of the multi-
family portion of the site is balanced by the stormwater management facility, community pool and
clubhouse. The provision of six acres of open space throughout the project adds another dimension in the
overall quality of the project.
Staff finds the request acceptable and recommends approval as proffered.
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,"
(§107(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.
PROFFER11:
When the Property is developed, it shall be developed substantially as shown on the "VILLAGE BEND SITE
PLAN" and "VILLAGE BEND CONCEPT PLAN" each dated December 1, 2006 and last revised June 22,
2007, prepared for Franciscus Homes by Clark Nexsen, a copy of each having been exhibited to the Virginia
Beach City Council and each being on file with the Virginia Beach Department of Planning (hereinafter, the
"Site Plans").
PROFFER 2:
When the Property is developed, the entrance to Village Bend shall be from Elbow Road (Dam Neck Road]
and the entrance signage and water feature depicted on the Site Plans shall be designed, landscaped and
constructed substantially as depicted on the exhibit entitled "Preliminary Sign Exhibit and Planting Plan
Village Bend, Virginia Beach, Virginia", dated December 1, 2006, prepared for Franciscus Homes by WPL, a
copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (the "Planting Plan").
PROFFER 3:
When the Property is developed, there shall be no more than one hundred fifty (1150) multi -family
condominium dwelling units in the fifteen (115) multi -family buildings depicted on the Site Plans. The
architectural design and building materials utilized will be substantially as depicted on the exhibits entitled,
(a) "VILLAGE BEND VIRGINIA BEACH, VA 10 PLEX" (Sheets 1 and 2), dated 12/11/06, prepared for the
Franciscus Company, Inc. and (b) "Rendering of 'Multi -family residential' 1 0-plex building..." at "Village
Bend" dated December 1, 2006, prepared for Franciscus Homes (the "10-plex Elevations"), which have been
exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning.
VILLAGE BEND,LLC
Agenda Item 18
Page 5
The colors used may vary from those on the 1 0-plex Elevations, however, all will be earth tones.
PROFFER 4:
When the Property is developed, there shall be no more than one hundred six (106) single-family
condominium dwelling units within the community as depicted on the Site Plans. The architectural design
utilized will be substantially as depicted on the exhibits entitled "VILLAGE BEND VIRGINIA BEACH, VA
MODEL 40013" (Sheet 5),"VILLAGE BEND VIRGINIA BEACH, VA MODEL 50013" (Sheet 6), "MODEL 30OC"
(Sheet 1 of 4), "MODEL 20OC" (Sheet 1 of 4) and "MODEL 10OA!'(Sheet 1 of 4), dated 12/1/06, prepared for
the Franciscus Company, Inc. (the "Single Family Condo Elevations"). The exterior building materials utilized
on the single family condominium dwelling units will be a combination of brick, vinyl shake, wood and vinyl
substantially similar to the exterior finishes depicted on the two (2) exhibits entitled "Photo of 'single family
residential' typical finishes..." at "Village Bend", and the three (3) exhibits entitled "Front Elevation Garage in
Rear at Village Bend", dated December 1, 2006, prepared for Franciscus Homes (the "Single Family Condo
Building Material Photos"). The Single Family Condo Elevations and Single Family Condo Building Materials
Photos have been to the Virginia Beach City Council and are on file with the Virginia Beach Department of
Planning. The colors used may vary from those depicted, however, all will be earth tones.
PROFFER 5:
Certain dimensional requirements applicable to development of the single family condominium dwelling units
at Village Bend shall be as follows:
Minimum Distance from Front of Dwelling to Edge of Curb (interior streets) — 25'
Minimum Distance from Side of building to Edge of Curb (interior streets) — 20'
Minimum Distance between Buildings — 11'
Minimum Setback from Elbow [Dam Neck] Road (Actual distance from right-of-way to rear single
family units approximately 50 feet) — 30'
Minimum Side Yard Setback from adjacent Property (Newcastle Subdivision) — 50'* (Includes a 25
foot treed buffer to be preserved adjacent o the shared property line with the Newcastle Subdivision)
Minimum Rear Yard Setback from adjacent Property (Southside) — 25'
PROFFER 6:
When the Property is developed, the party of the first part shall record a Declaration submitting the Property
to the Condominium Act of the Commonwealth of Virginia. The Village Bend Condominium Unit Owner's
Association shall be responsible for maintaining the Club House, swimming pool, all open space, common
area, landscaping and other improvements on the Property as depicted on the Site Plans. Membership, by
all residential unit owners, in the Condominium Association shall be mandatory.
PROFFER 7:
Grantor shall reserve forty-four (44) dwelling units, within the multi -family section of the community
comprising seventeen percent (17%) the total units within the community, for workforce housing (as set forth
below). Grantor shall work with the Directors of Planning and Housing and Neighborhood Preservation to
ensure the implementation of a program that reserves such homes for sale to credit -worthy buyer having
incomes between 80% and 120% of area median household income, determined using HUD -published
figures as adjusted for family size, for the year in which the homebuyer is qualified to purchase. Such
program shall provide: (a) that the Grantor shall distribute reserved dwelling units among credit -worthy
buyers at all spectrums of the median household income range set forth above: (b) that sale of the reserved
units shall result in a housing cost ratio for the qualified buyer that is acceptable to the Director of Housing;
(c) for integration of those dwelling units reserved for qualified buyers throughout the Village Bend
Community (both in terms of location and in terms of time of sale); and (d) for reserved dwelling units that
are physically indistinguishable on the exterior from other dwelling units of the same type and size.
VILLAGE BEND, LLC
Agenda Item 18
Page 6
PROFFER8:
The areas depicted on the Concept Plan, which will not be occupied by buildings, including drive aisles,
parking areas, setbacks, and landscaping features, are open spaces, which may be utilized as such. Open
Spaces shall be rezoned to P-1 Preservation District prior to Site Plan Approval and shall be maintained and
used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the
Zoning Ordinance ("Preservation Districf).
PROFFER 9:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance
with the submitted preliminary site and elevation plans. The proffers also define the number of proposed
dwelling units and set aside 44 units for workforce housing. 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 plans depict proposed dwellings that are
complementary to existing dwellings in the area.
The City Attorney's Office has reviewed the proffer agreement dated December 21, 2006, and found it to be
legally sufficient and in acceptable legal form.
NOTE. Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
VILLAGE BEND, LLC
Agenda Item 18
Page 7
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12/10/02
Rezoning (R-15 Residential and B-2 Business to
Approved
Conditional R -5D Residential with a PD -H2 Planned Unit
Overlay)
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9/18/89
Rezoning (R-1 5 Residential and AG -1 Agricultural to
Approved
Conditional R-7.5 Residential)
4.
5127/97
Rezoning (0-2 Office, B-2 Business, R-10 Residential, P-1
Approved
Preservation and H-1 Hotel to AG -1 Agricultural)
5/29/91
Rezoning (AG -1 Agricultural to 0-2 Office, B-2 Business, R-
Approved
10 Residential, P-1 Preservation and_H-1 Hotel) I
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Item #18
Village Bend, L.L.C.
Change of Zoning District Classification
South side of Dam Neck Road
District 7
Princess Anne
July 11, 2007
REGULAR
Barry Knight: Mr. Strange, the next item to be heard.
Joseph Strange: The next item is item 19, Village Bend, L.L.C. An application of
Village Bend, L.L.C. for a Change of Zoning District Classification from R-15
Residential and AG- 1 Agricultural District to Conditional A- 12 Apartment District with
PD -112 Planned Development Housing District Overlay on property located on the south
side of Dam Neck Road, approximately 170 feet east of Southcross Drive, District 7,
Princess Anne, with nine proffers.
Barry Knight: Thank you. Eddie, welcome back.
Eddie Bourdon: Thank you Mr. Chairman, for the record, Eddie Bourdon, a Virginia
Beach attorney. It is my privilege to come back before the Commission this afternoon
representing the Franciscus Companies. Mr. Frank Spadea is here. The Franciscus
Companies are without any doubt one of the predominate developers of high quality
sustainable award winning communities in Virginia Beach. They're home based in all of
Hampton Roads and have been for more than 30 years. The Franciscus Companies have
earned an excellent, well deserved reputation for communities that are designed in an
architecturally pleasing manner, and are expertly constructed multi -family, single-family,
and they're well managed communities that will last for decades and beyond the time
than any of us are here. I've passed around to you a list of the number of the con-imunities
that they have designed and developed, close to a dozen of those communities have been
awarded the Community of the Year or Best Community Award by either the Tidewater
Builders Association or the Peninsula Home Builders Association. And, they build
communities for mixed income communities. They did that before it became very, very
much of a necessity, as it is today. The property involved here is a 32.34 acre tract, the
Byler Farm on the south side of Dam Neck Road between the City of Virginia Beach
General Services and Parks & Recreation office to the east, Newcastle, single-family fee
simple homes to the west across Dam Neck, formerly Elbow Road, is the Newcastle
Elementary School, which is slightly to the east, another section of Newcastle and the
Hampton Roads Soccer Complex. The proposed develop would involve a rezoning to
PD -H2 Planned Development District to create a community a 106 single-family homes,
and 15 multi -family buildings with a 150 homes in those 15 buildings. The total density
within the community would at 7.9 units per acre. The community would be the first one
that is fully compliant with the workforce housing recommendations and ordinances that
have been forwarded by this body to City Council. It will be a condominium community
Item #18
Village Bend, L.L.C.
Page 2
with all of the buildings and all of the grounds, both the single-family and the multi-
family, professionally managed, maintained by a mandatory membership condominium
association. There is one entrance proposed to the development and it is on the south
side of Dam Neck Road, and it appears on the plan that you see up on the PowerPoint.
That entrance will also have an entrance feature on the inside, which has been proffered.
It is a water feature with beautiful landscaping and a very nice sign, externally
illuminated up towards the sign. No lighting on the sign itself, a very high quality
entrance feature. The entrance that we have will also be putting in right turn lane and
stacking from Dam Neck Road entering the site, as well as a left turn lane stacking
entering the site. The exit from the site will also have right and left turn lanes as well.
The single-family component of the community is on the western side adjacent to the
single-family fee simple Newcastle subdivision. The larger lots are on the exterior. This
area here (pointing to PowerPoint). This area is wooded and we provided a 25 foot treed
preservation area on the back of our property adjacent to the Newcastle single-family
homes that will remained treed. We have the proposed single-family dwellings at a 50
foot setback from our property line with the adjacent Newcastle subdivision. We've
given you elevations of what those homes will look like. Those larger homes with front
loading garages, they have 1,500 square of living area. They are not all the same but that
is just pretty much the norm with two car garages. The anticipated price of those units
will be $340 to $375 thousand. But bear in mind that we don't know what the market
will be when these are actually coming on, because it will probably be 3, 4, 5 years
before they're actually, may be a little bit sooner under construction, for sale. The
Dragas community on the opposite side of Newcastle, which I was fortunate enough to be
involved in, just really finished the last few units, and that was rezoned five years ago.
So, it is a process and the market was obvious very, very strong during those five years,
so it is even possible that it could take a little bit longer. So, the figures we are using are
today's numbers that we anticipate. Internally, there are alley loaded neo traditional
single-family homes, and again, I've given you the different elevation for those. Those
are somewhat smaller, 1,650 to 1,750 square feet of living area, again with two car
garages, in addition to that, the anticipated price range on those will be $320,000,
$345,000 thousand. The multi -story buildings, I think they are wonderful buildings and
very attractively designed. The staff did a great job, modified tudor revival style. But,
the one thing when you look at the elevations and they're all proffered, and you got high
quality building materials. Architecturally, they are pleasing to the eye. They are two-
story buildings. It is why they win the awards they win because they build high-quality,
architecturally second to none, in terms of spending time to get a really beautiful design
on a building that in this case, actually ten units. Nine of the ten units in the building are
two bedroom units with dens. One small unit is a one bedroom with a den. The price
range on those units $210,000 to $260,000 in the anticipated price range. In addition, we
have a lot of open space within the community. A little pocket park, a large pond with a
trail around the pond, benches will be provided on that recreational trail, a community
club house is for the entire community, as well as a swimming pool. All of that is
maintained, owned by as well as, all the open area on the site, which there will be six
acres plus of open space on the site, all maintained by the Condominium Association.
Frank Spadea and his company, Frank especially, for years has been committed to create
Item #18
Village Bend, L.L.C.
Page 3
communities and trying to have mixed income communities. Frank was a very active
member of the Workforce Housing Task Force that this City and this Commission has
made recommendations, we adhered to the best of our ability with this application. There
are 44 homes, or 17 percent of the homes, that will be workforce housing in keeping with
the recommended guidelines. Those are within the multi -family section of the
community. Now, this area of the city is devoid of any other opportunities to create any
other workforce housing. That is what really important. I've provided you all with
handout. It is the same thing you see up here. This arei of the city, because of the
Transition Area and the Green line, and all of the major impacts, what we've done to
accommodate the Department of the Navy with all the noise zone areas, in spite of our
ordinance saying 70 and above, it is 65 and above in this area, 65 and above in this area is
not going to develop unless there is some political change at more than one unit per five
acres. That is all that it is going to be. Our current Comprehensive Plan, however, had
indicated and there would have been over a long period of time roughly 1,500 units that
would have been built in all that light green and dark green in the City of Virginia Beach.
Those are off the table for, or 80 percent of them are off the table. And, there is no other
undeveloped land in this section of the City in which any workforce housing, other than
the small amount that was involved with Renaissance Place, can develop because it is
already all developed or it is in the Transition Area. So, we have the Sentara facility. We
have all the city offices, and we have all this land that, and a lot of it is going to be open
space. It is not going to generate school children. It is not going to generate traffic. All it
is going to generate is employment, hopefully. There is something useful that will come
from a lot of this land. And, we need to have people who can work. Who won't have to
commute across town or from Chesapeake or from Norfolk to get here, this, and when
you look at this map and this map is very telling. There is a lot of open space. There are
schools. There are facilities, all of the infrastructure is here. But there isn't any
opportunity for any workforce housing to happen. All the workforce housing that we
may get in the City is going to happen through redevelopment and that is going to
happen, and I suspect, and the Commission already knows, up and down Virginia Beach
Boulevard. It may even be somewhat on Holland Road. So, the opportunity for police
officers, firefighters, teachers and city employees to find affordable housing in Virginia
Beach and having not commute from outside the city, this is the way that we can achieve
that. That is what we all have been trying to do. I have a lot of other information but I
see my time is up. The hour is late and I'll be happy to answer any questions. I know
there are other speakers. My folks are not speaking.
Barry Knight: Are there any questions of Mr. Bourdon at this time? Thank you.
Eddie Bourdon: Thank you.
Joseph Strange: Speaking in opposition we have Al Moore.
Barry Knight: Welcome sir.
Item #18
Village Bend, L.L.C.
Page 4
Al Moore: Good afternoon members of the Commission and Mr. Chairman. My name is
Alfred Moore and I'm representing the homeowners of the Newcastle Civic League. I
also happen to reside at Newcastle at 2140 Southcross, which is approximately right there
(pointing to PowerPoint). My property will border obvious the Village Bend
development. Our group is strongly opposed to this application for a number of reasons.
Primarily, some inconsistencies with the Comprehensive Plan and several other critical
factors that we do not feel have been adequately addressed. This opposition is nearly
universal as evidenced by 203 unique signatures on these petitions that we started
circulating in May when we first heard about this application. Last evening, less then 24
hours ago, representative of Franciscus Homes meet with us for the first time. They
reviewed the features of the proposed development and opened the floor for questions.
Nearly all of our members felt that the meeting was less than satisfactory, and that our
issues were not addressed. Many issues were dismissed with a response that it will be
addressed in a later review by the City. Learn more unnamed city officials, were quoted
as saying, and primarily in the public safety sector that "this development has their
blessing and will have no impact on public safety in our neighborhood". I am not a real
estate attorney. However, I can read a Comprehensive Plan. After that reading, I truly
cannot understand how this application is considered consistent with the Comprehensive
Plan. It strays in three key areas. Under principal #1, which you know deals with the
preservation of protection of the stable neighborhoods; principal #3, dealing with
suburban stability, and several other key factors that we will address, as well as some of
our members. Principal #1 of the plan is clear in its goals in various specifics in defining
the characteristics of a new development that must be considered when stable
neighborhoods are present. With the exception of Village Bend's use as a residential
development, its other characteristics are at odds with most of the plan's guidance.
Contrasting of the guiding principals against the Village Bend application shows the
following. When you consider gradualism and zoning changes, which is mentioned in
the plan, we cannot see how locating condominiums and ten dwellings manor homes.
Ed Weeden: Mr. Moore, you have about 45 seconds.
Al Moore: I'm the ten minute guy.
Barry Knight: Are you representing the entire civic league?
Al Moore: Yes.
Barry Knight: You're going to speak for your civic league?
Al Moore: Several people who have other issues to raise.
Barry Knight: Can you raise them all yourself?
Al Moore: No. There also residents as well as the civic league.
Item #18
Village Bend, L.L.C.
Page 5
Barry Knight: Mr. Whitney, do you care to wait for the City Attorney? It looks like a
double dip to me.
Jack Whitney: Ordinarily, if individuals were representing a larger group, they get the 10
minute consideration, but they're speaking for themselves they get three minutes. It
sounds like Mr. Moore is speaking for a larger group. I wouldn't have a problem with
giving him a few extra minutes to complete his remarks.
Al Moore: Okay. I'll try to move as quickly as I can. In terms of gradualism, we don't
see how the current plan in terms of the zoning change is gradual. We're locating what
are basically going to be 1,700 square foot homes next to homes that are 3,000 feet and
above. In terms of the density, the proposed density of 7.9 units is not gradual from the
R-15 zoning that surrounds this neighborhood. You talk about no other development on
the property being available to the east of the development that will be one home per on
11/2acres. Across Salem Road you have Bellwood Estates, R-15. Our neighborhood of
R-15 there, in terms of the yard area, which is specifically mentioned in the
Comprehensive Plan. The proposed single-family condos are allocated lawn space of
less than 6,000 square feet. This is not compatible with the surrounding homes sitting on
15,000 square foot lots. The design consideration - Village Bend proposes the inclusion
of over 15 manor homes and 10 dwelling units per home. This is not consistent with the
existing design and characteristics of the surrounding homes. The Comprehensive Plan
goes further in stating that good architectural and site design are not are acceptable
substitutes for good use planning. It also states that other design considerations should
compliment and reinforce the predominate and physical character of the surrounding area
and Village Bend does neither. Other factors that we have concerns about are the
overcrowding of the Newcastle Elementary School. You will hear probably both from
planners and representative of Franciscus Homes talking about 39 additional students for
Newcastle Elementary School. We reject that projection. Because it just defies common
sense. How can a demographic group moving into 220 something homes only have 39
children? It just defies common sense. The impact on public safety - we have seen
nothing official or in writing that supports the statement by Village Bend that the
development will not impact fire or police response time. The application does not
resolve the issues raised by Principal #3, in talking about suburban mobility. It does
dump on to Dam Neck Road. We understand that Dam Neck Road will not be improved
until after 2012. This morning there were a few statements that need clarification, I
believe.
Ed Weeden: You have about 45 seconds.
Al Moore: Okay. I'll be done. With a complete of facts, there was reference to
Cromwell Place, and its density was equal to 5 or 6 units per acre. It differs considerably
from Village Bend and the Dragas Company contacted us very early in the process.
Dragas worked very closely with our civic league in developing their plans and
incorporated several features that we suggested. Second, the Cromwell Place property is
upscale and sells for $300,000 and above market. While their density is greater than R-
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15, there are much smaller number of units in Cromwell Place that will be in Village
Bend. The reference to Salem Lakes?
Ed Weeden: You're time is up.
Barry Knight: Just wrap it up.
Al Moore: Okay. There was a reference to Salem Lak6s being directly across the street.
Salem Lakes is no where near this development. Across the street is the elementary
school and Newcastle, which is extends over Dam Neck Road. Let me state our request.
We request that the Commission deny the application as written. Failing that we request
that the Commission defer a vote on it and give us a chance to work with Franciscus to
see if they will comply with any of our requests. They are not unreasonable. We are not
against development. We are against this particular type of development that thus far has
not given us a chance to raise any concerns.
Barry Knight: Thank you Mr. Moore. Are there any questions of Mr. Moore at this
time? Thank you, Mr. Moore.
Al Moore: So the other folks are not going to get an opportunity to speak?
Barry Knight: They will.
Al Moore: Okay.
Joseph Strange: The next speaker in opposition is Craig Myers.
Barry Knight: Welcome sir.
Craig Myers: Thank you. I'm Craig Myers and I live at 2144 Southcross Drive, which is
just adjacent to Mr. Moore. I think, he said, I'm right there. I back up to the
neighborhood. Mr. Moore covered most of my concerns. Again, we talked today and
precedence was set of existing conditions and the invasion of those conditions. I believe
this is the same situation as the church. I believe it's the same situation that we talked
about earlier today. We have existing homes and we bought our homes without knowing
about this property. Thank you very much.
Barry Knight: Thank you Mr. Myers.
Joseph Strange: The next speaker is Kim Magruder.
Kim Magruder: A long day.
Barry Knight: Welcome ma'am.
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Kim Magruder: Thank you. My name is Kim Magruder. I live at 3869 Whitley Park
Drive. I am the comer house that is caddy comer on the comer of Southcross and Dam
Neck in Whitley Park Drive (pointing to PowerPoint). So obviously, I've got three
comers of traffic coming around me. One of my main concerns with the project is when
Dam Neck cut through originally we were told that it was going to stay at 35 mph. We
have a ton a children. We have a walking path and if you take a drive down there at 5:30
at night, you will see how many people use it to bike, to walk, to walk their dogs. That
has been changed to 45 mph. Now you're talking about having 250 homes here, also
going up and down Dam Neck Road at 45 mph. That is a very strong concern for me
because you got the baseball fields. You got traffic coming down for the Arnphitheatre,
soccer fields. My boys have played soccer since we've lived there. It is one of the
reasons why we moved there. So, that is a big concern for me. Another point that I
wanted to bring up was, I am a realtor in the area. And you all talk about the need for
quality homes for first time home buyers $250,000 and below. All of my time sitting
here this afternoon, I used my lovely phone with Rein, and I looked up the number of
homes that are currently available as of 12:00 pm this afternoon in all of Virginia Beach
between 50,000 and 250,000, we have 802. There are 802 homes currently available to
your firefighters, your policemen, and your teachers. So, you're looking at also adding
Renaissance Place, which is right behind the Home Depot. I'm not sure of the number
there, but I heard it was close to 1,000 homes in that facility. Now, you're talking about
1,800 homes being thrown at us in our area. So, my concern is also for the City as a
whole. You got 800 plus homes that are not just affecting our neighborhood, you're
affecting those 800 other homes that are on the market all throughout all of your
jurisdictions because everybody is going to want to buy these brand new homes, and
they're going to leave your constituents with their homes sitting on the market because
everyone is going to want the new, notthe used.
Barry Knight: Thank you. Are there any questions? Mr. Horsley?
Donald Horsely: Did you say 800 in Virginia Beach?
Kim Magruder: 800 in Virginia Beach, absolutely. The southwest section there are 64
homes; south central, I believe is Newcastle, are 154 homes; and the south west, which is
area 48, there are 105 homes, as of 12:30 pm today.
Barry Knight: Are there any other questions?
Kim Magruder: Thanks for your time.
Barry Knight: Thank you.
Joseph Strange: The next speaker in opposition is Joseph Milligan.
Barry Knight: Welcome sir.
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Joseph Milligan: Good afternoon. My name is Joseph Milligan. I live at 3801
Southcross Court, which is the last house on the comer (pointing to PowerPoint). I have
a couple of pages that I prepared but I am going to save you from the misery and cut it
short. I've lived in Norfolk, Chesapeake, and subsequently in route to Virginia Beach.
This is where I want to live. This is where I want to raise my family. That is why I am
still here. T he reason I chose my house is basically because of two reasons. One, it was
zoned R- 15. It had a good size lot; and two, all the surrounding property around it was
zoned R-15 at the time, which was consistent with the Comprehensive Plan. So, I felt I
had a future there. I am a fire fighter. Maybe I should go buy one of these affordable
homes, but I don't. I live right there. I can afford it. I'm the only one at home working.
My wife stays home. I am the only one employed. It is not a problem. I think that we
focus too much on this affordable housing issue. There are no firemen. There are no
teachers living underneath the underpasses out here. They have homes. Kim just told
you. They're out there. We don't have to bend the rules and make really hardcore
accommodations because the houses are out there. People can find the houses. What I
mean by that is the density issue. Unfortunately with affordable housing we merit it with
density, density and density. Look at Renaissance. The numbers is 8 point something is
the ratio. They said it was 7.9 for this project and the Cromwell project on the other side,
I'm not sure what that is but it is double what our neighborhood is on the other side. If
you look at this, our neighborhood, which is zoned R- 15 is sandwiched between two of
the most dense ratio, densely populated neighbors of the whole town. Going back to my
job, I'm a firefighter, and the reason why I live there is because when I go to work for 24
hours and I have to stay away, I feel like my family is relatively safe at home. There is a
direct collation between high density and crime, low density seems to have a lower crime
statistic and that is merely because the number of people that live in there and the
opportunity. So, in closing, I just want to say that I'm totally opposed to this project as it
stands. I'm for affordable housing. I think it's a good thing. I just think that a density
ratio of 7.9 across the street from an elementary school where the traffic is 45 mph, these
kids are going to there and play ball. There are several basketball courts over there. So,
you're going to put this project right there, two lane roads, 45 mph, which is expected to
expand to a four or five lane road in the near future, which is in the plan, these kids are
going to have to cross the street. They're not going to get in to their car or go with their
family just to cross the street to play ball. I think it is a bad idea. I think we should look
at the density issue of this neighbor. And as Al said, give us a chance to sit down with
the builder and make some accommodations. Thank you.
Barry Knight: Thank you Mr. Milligan. Are there any questions? Thank you.
Joseph Strange: The next speaker is in opposition is Tina Milligan.
Barry Knight: Welcome ma'am.
Tina Milligan: Thank you. Good afternoon everyone. I'm the lucky lady married to that
firefighter who just spoke. My name is Tina Milligan. I live at the same place he does so
I won't point that out. But, I am the Vice President of our civic league. I come here
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before you today representing the concems of our members or our community as Mr. Al
Moore pointed out. We have a petition signed with approximately 75 percent opposition
of this rezoning from R-15. It is not in the best interest of our neighborhood. But what I
want to do today is specifically talk about the numbers that were put before you in this
package for the schools. The schools are incorrect. If you break down the numbers of
these homes, if you look, for instance the single-family homes. There are 106 of them,
three or four bedrooms. There are 150 condos with one or two bedrooms. Now if we
were just going to be lenient and divide those numbers by two, and represent only half of
those households, let's say with the single-family homes with three to four bedrooms,
we're going to with 53 homes that would equate to 159 children in those homes. And if
we took 150 condos and just divided that into half, just to give them the benefit of the
doubt, it came up with 75 homes and one to two bedrooms they are, and just gave them
one child, which is against the nation average, that is going to give us an estimate of the
total alone of 234 children in this development. The numbers that you were presented
before you today were 88. There is a big disparity between 88 and 234. Now, let me talk
about the schools in our area. Newcastle is one of the leading elementary schools in the
nation. We have 100 percent PTA participation from our school. That is unheard of. It is
a wonderful place to be. They call it "The Castle", and they do so for a reason. It is at
maximum capacity right now. If these children come to our neighborhood it will push it
over the limit. The cop static atmosphere that we have for our children, who are our
future...
Ed Weeden: You have about 45 seconds.
Tina Milligan: Yes sir. Thank you. Mr. "T" is not here as you stated earlier. That will
go against anything that we have going on now. As well as the middle school it feeds
into, Landstown High School and middle school are already over capacity with portable
classrooms behind them. The student/teacher ratio is very important to our children's
public education that we can to the city to live for tem to get. And, for these reasons, our
civic league community is strongly opposed to the rezoning of this property from R-15.
We wish it to remain R-15. It would fit with the Comprehensive Plan. It would fit with
the neighborhood's flow, and it would fit with our school district. I appreciate your time
very much.
Barry Knight: Thank you Ms. Milligan. Are there any questions? Thank you.
Tina Milligan: Thank you very much.
Joseph Strange: Our next speaker in opposition is Krystina Morgan.
Barry Knight: Welcome ma'am.
r7= Krystina Morgan: Good afternoon. My name is Krystina Morgan and I live at 3917
Donnington Drive, which is up here towards Whitley Park in the Newcastle subdivision.
As a homeowner and as the Newcastle Civic League President, our community has strong
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concerns regarding this project. Many of our concerns have already been addressed
through previous residents and through Mr. Moore. But just a few that I really personally
have concerns with is the traffic issue. As it is proposed now, the Village Bend
community will only have one entrance and exit, which will lead onto Dam Neck Road.
The influx of traffic between on Dam Neck between just Salem Road and Princess Anne
Road is just going to be way off. I have two children who attend Newcastle and they are
walkers. They walk to school. As Tina said, it is already 45 mph. You're adding 256
plus homes and all those cars on there as well. We already deal with traffic from the
Amphitheatre, the soccer complex, and the new Princess Anne Sports Complex.
Eventually, there will the be the Sentara Hospital, which willcause more traffic to come
down that way, and the New London Bridge Shopping Center that they are building
across from Farmer's Market. Safety is also another big concern with me. The developer
talked yesterday about our concern with the police and fire response time, and the builder
said he personally spoke to the police chief of the Fourth Precinct, although he couldn't
recall his name and ensured that there were no concerns with getting there. We see a big
difference with that. Property values were another thing. I am a schoolteacher. I actually
live in Virginia Beach and teach in Norfolk. And, I want to see it kept R-15. As we said,
our civic league worked really close with Cromwell Park and Helen Dragas, and we just
want to take the same type of housing that we have now. Thank you.
Barry Knight: Thank you. Are there any questions for Ms. Morgan? Thank you ma'am.
Joseph Strange: Our next speaker in opposition is Carol Stein.
Barry Knight: Welcome ma'am.
Carol Stein: Hello. This is my first time. I am Carol Stein and I live at 3801 Donnington
Drive. My husband and I have very strong concerns. This will be repetitive but it needs
to be heard. 256 dwellings? Wow! That is a tremendous amount of people, cars,
children and rainwater runoff. We are already flooding because of the condos that were
built, Cromwell Park. How will the city maintain the proper drainage and water that is
necessary to that many when it is not enough now. We understand that something will
probably be built on this site. Ecologically, this brings my heart sadness. There are owls,
deer, fox, blue birds and cardinals. I watch my cardinals from my birdfeeder fly to that
grove of trees and other creatures that reside there. Why can't it be left a beautiful with
wonderful trees? Why must the powers that be build yet again? Anyway, can the
number of housing units be lowered to what the zoning says, which I understand is R-15?
The number of children that was quoted, which would impact one of the best schools in
the United States is 39. 1 find this extremely hard to believe. I teach at Newcastle. I am
a parent of a child that goes to Newcastle. We have a wonderful school. We have one of
the best schools in the country. My neighbor just moved. He did a Google search. He
said that Newcastle was the best school in the country. He left. He deployed. I am going
to ask him to show me that site. I said it is one of the best? He said no. It is the best.
The PTA has worked over three years to put up a new playground. We're putting it this
summer. What curve are we ahead of now? There is only one entrance in and out.
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Construction of this is going to impact school buses, parent car pools, daycares, special
education, buses mixing with concrete trucks, heavy material trucks, construction
vehicles, tremendous dirt and dust, and continuous traffic on a very small roadway with
lots and lots of children. The playground and PE fields will be just a few 100 feet away.
What curve are we ahead of then? Equity of my house - this is my husband and my nest
egg. He is retired military. And, there are many teachers also that live in Newcastle
already, there are two, right across the street, and one lives right up the street. She also
teaches at Newcastle. Her husband is also a firefighter. We live in Newcastle. In all
probability, there will be something built, I'm sure, but please rezone it. Keep it rezoned.
Would you like living there? Would you like this behind your house? I live right on the
comer. Right across the street from where the main entrance will be. Thanks. Have a
blessed evening.
Barry Knight: Thank you. Oh, Ms. Stein?
Dorothy Wood: Ms. Stein? I'm sure Newcastle is wonderful because of teachers like
you, and I'm sure you do a good job. Just one thing you said that concerns me. You said
that development was because of powers that be, and I don't know you meant. But, this is
private property and unfortunately, and I know it would be nice if you could have the
owls, but please understand that it is certainly not the City that owns the property. This is
our American system. It is private property.
Carol Stein: We were under the impression that the city was going to be subsidizing
through what is called a "soft mortgage".
Dorothy Wood: I just wanted to thank you for your service in school and tell you that it
is a private property issue. Thank you so much for coming.
Carol Stein: Okay.
Barry Knight: Thank you ma'am.
Joseph Strange: Our next speaker in opposition is Salvador Costa.
Barry Knight: Welcome sir.
Salvador Costa: Good afternoon. My name is Salvador Costa. I live at 3808 Whitley
Abbey Court, which is in the Newcastle division. We just bought our house less than 2
years ago. We bought it as a retirement place to live. We bought it because of the R- 15
zoning. There is plenty of room and we expected the area to stay pretty much as it is with
the development behind us adding to our community with the same type of R-15 homes.
We like the rural area. We love it out there. Being a senior citizen and retired with a few
medical problems, I'm concerned about the addition of 256 more homes and the response
time from police, fire department, emergency services, and so forth. You got another
huge development that is going in that same district with Renaissance area. Are we going
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to expand our police force? Expand our fire department? Expand our services to
accommodate that? I find it very difficult, very difficult to support this project where it
was originally proposed as R-15 to change it to something different at this point. Thank
you for your time.
Barry Knight: Thank you Mr. Costa.
Joseph Strange: Our next speaker in opposition is Tiffany Myint.
Voice from audience: Unfortunately, she had to leave.
Joseph Strange: She had to leave?
Barry Knight: Thank you.
Joseph Strange: Then that concludes our speakers.
Barry Knight: Thank you. Mr. Bourdon?
Eddie Bourdon: Thank you Mr. Chairman. First of all, we didn't have all of our people
speak. So, I would beg your indulgence for the couple of extra minutes. I know it's a
long day. First of all, the collation of crime to this doesn't even compute to me.
Obviously, if you have older aging communities and communities that are not
professionally managed, you may have some issues. But there is a ULI Study that clearly
demonstrates and clearly proves that when you have multi -family condominium
development that is professionally managed, adjacent to fee simple communities, fee
simple single-family communities benefit in a great appreciation, faster appreciation and
more marketability. In fact, since the multi -family Dragas application and construction of
a 132 units on the opposite of this section of Newcastle was developed, the property
values in Newcastle have skyrocketed. The initial units in the Dragas/Cromwell Park at
Salem, which I represented, actually sold for more than the original sales price on the
houses in Newcastle, and Newcastle is not that old. The property values in Newcastle
range from the low $300,000 to mid $300,000. Cromwell Park sales were at $280,000 to
low $300,000 and that was multi -family, 132 units, professionally managed, well
constructed, well designed, just as this community, the Franciscus, Companies, and they
are on par. They're on top of the heap when it comes to this type of development. This
area in the City of Virginia Beach is blessed in, has already, the public has, paid for open
space and park space areas, but now will have a great deal more in all that green space
that is in the APZs and the noise zone 65 to 70 and 70 to 75 and above. That is going to
be at best one unit per five acres of land so we're going to have lots and lots of open
space preserved in perpetuity or at least as long as the Navy is here. The school
population issue. Mr. Greer, the demographer for the school system has stated very
clearly, and we all know the school age population in the public schools is declining.
Newcastle Elementary School has a 6 percent below capacity. And it is declining and has
been declining for the past decade, school population, elementary school. Middle school
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population is also declining and has been for the last three or four years. It is projected to
continue to decline. The middle school is not at capacity either. The high school is
slightly over capacity and it is projected to decline in enrollment as the years progress,
and the units that would have been built in all that green area won't be built now over the
course of the next 5, 10, 15 years. So, the school population situation is a very well
understood explained. As far as these units are concerned, the majority of these units are
two-bedroom units, and the demographers who study this information, and I also are
aware of it, there are fewer children living in those units then in your typical house in
Newcastle, which is a three or four bedroom home, as opposed to a two-bedroom home.
And that is why the increase in population. That is what these figures represent of school
age children. While it is up, it is not that drastically up because there are far fewer school
age children in those communities. Just like the Dragas community, which those 132
units, certainly hasn't caused Newcastle to go over its capacity or to be degraded in any
way, shape, manor or form. Our traffic study, which we provided based on our initial
application, which had 322 units on this piece of property, shows that after development,
the signalized intersection at Salem Road and at Princess Anne at Dam Neck will
continue to function at passing grade. Salem Road is barley impacted at all because 65
percent of the traffic heads towards Princess Anne Road. As you see in the staff write up,
all the improvements that the evaluation suggested and requested that we provide. Also,
Captain Baker who is the Precinct Captain has stated that the staffing of the police
department in that Fourth Precinct is at minimal levels. The situation is not in any way
critical. And that they are readily able to address any issues which arise. And this is a
professionally managed condominium. Not a fee simple situation. The properties that
adjoin us that are single-family. There are 13 homes in Newcastle that adjoin this
property. There are 10 single-family homes that are proposed to adjoin the single-family
homes. And they are priced and will be priced at or above the value of the homes in
Newcastle. Similarly on the other side where there are multi -family and the Dragas
community that are adjacent to single-family. Again, not single-family versus single-
family, but multi -family versus single-family, there is domination in value that has taken
place whatsoever as a result of that development going in, which like this one is a high
quality development. Lastly, and I do appreciate the folks coming tonight. I wish I could
have been at the meeting last night. Unfortunately, I was down here at City Council. But
I will tell you that beginning back in February, we began communicating or attempting to
communicate with the Newcastle Civic League, and unfortunately, the last time around
there was a very open and a very positive experience. There was a willingness to meet
and a desire to discuss. That really didn't happen this time. And, in fact, when we were
trying to schedule, and we were working with staff, we were delayed a few times, and
that happens and I appreciate the fact that can cause some missing darts, we were trying
to set up a meeting with the community for April or May, and we were making calls,
leaving messages, in floats a letter dated May I in opposition. Three or four pages from
the civic league in total opposition of the application yet they haven't met with us and
were, from our perspective, not trying very had to meet with us. And, that is the reality
that we have faced, and that may be because they were wrapped up with the Renaissance
and they were dealing with other issues. I don't know the reasons. But we did have a
meeting and the only time we could get a meeting scheduled was before that lasted
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ironically, was the night before last month's or maybe two months Planning Commission.
Last month we were on the agenda. One of the last months we were on the agenda and
we decided to make changes to the application. We reduced the number of units, which
you are all aware of, and communicated. Let's meet the following week so I will have
plenty of time. That didn't work out. That wasn't available. We did have a meeting
scheduled for last week, and the school apparently was closed. So, that put us once again
in the last minute type of scenario. But, most of you know my clients and I know you all
know me. And, we have nothing but an absolute desire to talk, to exchange information,
to educate and to become educated through this process. We can only try to meet with
people. We can't prevent anybody and say you got to meet with us. And, we had tried.
There is information regarding workforce housing that I don't think isn't totally
understood by the one teacher who was up here in talking about the soft second, and that
deals with the workforce housing, That is a very complicated bit of information. We will
be happy to try and sit down and explain how that works. But that is a situation where
the City is the powers to be that is making money. We all know there is a need, a strong
need for affordable workforce housing. There is no doubt. There isn't any other property
out there. There isn't any property that is going to develop in this area. This is not the
straw that breaks the camel's back. There isn't going to be all this massive development
because there isn't anything else left. The staff has told you and you all know this
company. This is going to be a valuable, valuable asset to the City, valuable to the
people in that community. With that, I'll be happy to answer any questions.
Barry Knight: Are there any questions? Ms. Katsias?
Kathy Katsias: There is no doubt, in my mind, that Franciscus will do a wonderful job
but when I see so many people from the subdivision coming down and opposing an
application, I really like to give them the benefit of the doubt. Would the Franciscus
Company consider deferring the application to meet with the Newcastle residents? I
would recommend a deferral.
Eddie Bourdon: Ms. Katsias, I'll talk to my client. Given the contractual stringent that
we already had to negotiate in order to extend the time and reduce the number of units
that we have already been through with staff over the last number of months, I don't
know that we can do that, but I'll be happy to ask.
Dorothy Wood: The nice lady who is married to the fireman has asked if she could come
back up.
Barry Knight: Are you going to sponsor her?
Dorothy Wood: Yes sir, I will. If it is something new ma'am?
Barry Knight: Brand new information.
Tina Milligan: It is a bit of a rhetorical answer to this gentleman's comments.
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Dorothy Wood: Real quick. Okay.?
Tina Milligan: Thank you Ms. Wood so much for sponsoring me.
Dorothy Wood: You're welcome.
Tina Milligan: I just wanted to address the attorney in which he said he made several
attempts to contact. I have no idea to what regard we wdre talking too. Our first
scheduled meeting was June 17th, which he cancelled due to something on his agenda. He
wasn't quite ready for the meeting with us. Then again, we scheduled it on July 3rd. He
proposed that date. That date wasn't available because as someone mentioned earlier, it
might be warm in that room at 9:00 meeting because of some energy management
program. Newcastle had no lights that night so we could not hold the meeting. So, that
left us with no choice but the night before last night. So, it was not on our shoulders that
this meeting happened when it did.
Dorothy Wood: Thank you. That is what Ms. Katsias was saying.
Tina Milligan: Okay. I appreciate that. He referred to us as a few simple communities
kind of took offense to that. We are not a few simple communities. We are a lot of
people.
Dorothy Wood: I didn't hear him say. He is usually pretty respectful.
Tina Milligan: I did hear him say that, and I didn't have an opportunity earlier to
mention that in this proposal right here, there is no playground mentioned for these
children that we are talking back and forth about. Where are these children going to
play? Is this open space? Does it contain that retention pond? Those six acres that has
the jog lap around it? Is this going to keep our children out of trouble? There is no
playground in these plans. Those were my concerns last night which I didn't have time
to say.
Dorothy Wood: Thank you very much.
Tina Milligan: You can't do it anymore? I've got just a couple more.
Dorothy Wood: Thank you.
Tina Milligan: One row of housing in our price is not a buffer.
Barry Knight: Okay. Thank you.
Tina Milligan: Cromwell has a gated community with very nice homes all in the same
price range. Thank you all so much.
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Barry Knight: Questions for Mr. Bourdon? Mr. Bemas?
Eddie Bourdon: Let me answer, if I could? Don't you want me to answer Kathy's
question?
Barry Knight: Ms. Katsias, do you want him to answer? Do you have a question for Mr.
Bourdon?
Kathy Katsias: I've already asked him a question?
Barry Knight: Mr. Bernas? Your response Mr. Bourdon?
Eddie Bourdon: My clients cannot defer this application because of the contractual.
Barry Knight: Mr. Bernas?
Jay Bernas: What is the by -right versus the proposed? What can you do by -right
density?
Eddie Bourdon: Part of the property is zoned AG -1 and part is zoned R-15. I haven't
even looked at the numbers Mr. Bernas.
Barry Knight: Are there any other questions of Mr. Bourdon? Ms. Katsias.
Kathy Katsias: I guess if it was 32 acres at 15.
Eddie Bourdon: If it was all R-15, then you must multiply it by basically.
Kathy Katsias: So, 120 houses.
Eddie Bourdon: The units would be 125 or something like that. All the single-family
units not just the ones adjacent to Newcastle are priced in the range of the homes in
Newcastle. We've dealt recently with Eva Salls and apparently there was a change in
presidency and Kystina took over. My clients and I have left numerous messages and
maybe that transition of leadership but I can't speak to that but that began way back
months ago.
Barry Knight: Mr. Strange.
Joseph Strange: I think Eddie might explain what he met by fee simple long ago.
Eddie Bourdon: Oh. Okay. Thank you. I don't know what the young lady was speaking
about. Fee simple means that you each own your own individual lot and there is no one
else has an interest in it. No one else has the ability to maintain it or take care of. Fee
simple is a term that means if you own a piece of property, just your piece of property is
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fee simple. The Dragas community, and this community are condominiums, that means
you only own the space you occupy. You don't have fee simple title. No way is that a
derogatory term.
Tina Milligan: I thought you said these simple.
Eddie Bourdon: I apologize. You're a fee simple ownership community. A
condominium community. No way is that a demeaning term or disrespect.
Barry Knight: Joe, do you have any other questions?
Joseph Strange: No. I don't have any other questions.
Barry Knight: Are there. any other questions of Mr. Bourdon at this time? Thank you.
Al Moore: Can I come back up?
Kathy Katsias: I'll sponsor him.
Barry Knight: Ms. Katsias will sponsor you Mr. Moore. New information? Please
identify yourself again.
Al Moore: Alfred Moore, 2140 Southcross Drive. Since they are willing to defer the vote
or recommendation, does that cut us off entirely from talking with them about their
proffers?
Barry Knight: No.
Al Moore: If some of the proffers could be strengthened.
Eddie Bourdon: We will be happy to meet. I'll be more than happy to meet.
Dorothy Wood: Maybe you could even set up a time to meet before we leave. Will you
talk with him?
Al Moore: There are several things that we feel like could be pretty much straightened
out.
Barry Knight: Mr. Moore, I'm sure that this body is going to strongly suggest, and you
have already agreed to it, that you all meet between now and Council, if we have a vote
not to defer today. You absolutely all do need to meet. What we do is we look at all the
factors, and we advise City Council on our recommendation. Their vote, of course, is the
final vote.
Al Moore: Right.
Item #18
Village Bend, L.L.C.
Page 18
Dorothy Wood: They don't always listen to us.
Al Moore: Thank you.
Barry Knight: Thank you. Discussion? Mr. Crabtree?
Eugene Crabtree: I sympathize with all of the people who talked, and the �fact that it is R-
15 in the surrounding area, and it wants to be rezoned tb A-12. But, every R-15, R-20, R-
30, R-40, R-10 community borders something else. And some of those places they
border does increase density. We can't take the entire City of Virginia Beach and make
the entire City R-20. We can't make everything half acre lots across the board.
Somewhere along the line it is got to border something else. So, someone owning
something, that is going to border a piece of property, that is going to havq more density,
somewhere along the line, it has to be done anyway. However, I do agree. with a lot of
the people about the density and some of the things that are being done. I like this project
in some ways. I like it because I'm for affordable housing, which I am veTy strongly for.
I'm proud to know there is a hell of a lot of firemen and some of our city employees can
afford more expensive homes. I know that some of our others can't. But, it is nice that
some of them work hard enough in our industrial area to know that they can. But we
need to think about those who can't also, and we need to have something for them. So,
we do need something that has affordable homes, and a smudging of thatA think this
project overall, as far as the quality and all is concerned is probably a good quality thing,
as to whether or not it can be reduced in density any more, I don't know. But, I'm sort of
in favor of going ahead and going with it in the fact that the builders and the
representatives get with the communities and talk to them between now and Council and
see if they can't work out some of their differences, and go forward with it. Basically,
I'm in favor of going forward with this today since the developer says he has contractual
reasons. So, I'm going to support it.
Barry Knight: Thank you Mr. Crabtree. Mr. Redmond?
David Redmond: First off, I want to say that I have enormous admiration for you all for
hanging out with us until 4:30 in the afternoon. It is not the easiest thing, and I'm very
much impressed that so many forces have a particular fondness for kindergarten teachers
since I have a six year old. So thank you for that. I know, how difficult it is to tear your
time away. Here is my issue. The City went through an enormous, complicated
undertaking to craft a policy on workforce housing, which we are finding now is
beginning to encourage developers to create a kind of housing that has bedn desperately
needed within the community. On its surface, it looks to me like a pretty well designed
plan with very good architecture. And, in all other respects the kind of thing you would
like to see. I am reluctant to send the message that when we have that going for
something, it really doesn't matter if you put workforce housing in it or not, we're going
to say no. I think we have to try and respect the fact that applicants that bring to us a
product that meets the requirements that we have, I think it is extraordinary in lots of
different ways. I think it is a real asset to this surrounding, and probably for me the
Item#18
Village Bend, L.L.C.
Page 19
difference maker. I want to see what all these other people think, or at least Mr. Horsley
and the folks from the Princess Anne District. But, I'm inclined to support the
application. I think it is important to encourage this workforce housing element when
we're getting such good response from it, particularly in projects that are so well
articulated architecturally.
Barry Knight: Mr. Bemas?
Jay Bemas: For me, I know a lot of these residents said their do diligence and buying a
R- 15 and then your up against the AG- 1, you're almost in the rural part. You feel like
you're in a less dense neighborhood. That is why I'm sure that is why a lot of you moved
out there. For me, it is difficult to analyze not given enough information as far as what
you can do by -right for what is proposed. How do I know that this density? Is it three
times to what is proposed? It is difficult for me to make that kind of determination at this
point. And given the strong civic league opposition, I would support a deferral because I
like the application in general. I think I would like to give the applicant more time to
meet with the civic league. I think meeting with them yesterday before the Planning
Commission meeting, I don't think it is fair to the civic league and to the Commission
that they really had time to work out some of these issues. So, I would be in support of
deferring the application and trying to get more information.
Barry Knight: Thank you. Is there any other discussion? The Chair will entertain a
motion.
Eugene Crabtree: I move that we approve the application.
Barry Knight: There is a motion on the floor to approve by Gene Crabtree. Ms. Katsias?
Kathy Katsias: I second it.
Barry Knight: Ms. Katsias seconds the motion? Is there any discussion? Mr. Bemas?
Jay Bernas: I would like to make a substitute motion to defer the application.
Barry Knight: There is a substitute motion on the floor by Jay Bemas. Do I have a
second? Mr. Henley seconds the substitute motion. Discussion? Mr. Horsley.
Donald Horsley: You know, I usually use the deferrals. I mean, we just don't do it
arbitrarily. If the applicant says positively they don't want to be deferred, I guess they
want an up or down vote one way or the other. And if they don't want to be deferred, is
that what you said Eddie?
Eddie Bourdon: They don't have a choice.
Donald Horsley: They don't have a choice to be deferred, I would say that we go ahead
and vote it up or down, and let them play their cards between now and City Council. I
Item #18
Village Bend, L.L.C.
Page 20
think we owe him that courtesy to go ahead and do that. They don't want to take that
gamble. So, I think we should vote it up or down.
Barry Knight: Mr. Bernas, you would like to continue with your substitute motion?
Jay Bemas: Yes.
Barry Knight: Yes. Okay. Do you concur Al?
Al Henley: I will withdraw my second.
Barry Knight: You want to withdraw your second?
Al Henley: Yes.
Barry Knight: There is a substitute motion on the floor by Jay Bernas. I'm looking for a
second. The motion dies for a lack of a second. We're back to the original motion to
approve made by Gene Crabtree and seconded by Kathy Katsias. Is there any
discussion? Mr. Horsley?
Donald Horsley: I just think, and I've been on some of the developments that this
company has done. They are very well done. I've spent a lot time on a couple of them. I
feel for the community, but you know, when you buy a piece of property next to an open
piece of property you need to bear in mind, if your real estate people don't let you know,
that property can be developed I mean that is something you need to investigate. People
think they're buying this open land, and it should stay that way forever, and the lady
about the birds and the owls and this type of thing. That is all wonderful, but somebody
owns the property next door, and they decided to do something with it. They got a willing
buyer so they can do it. I think that is a well thought out project. I think it is a need for
the area even though we got 800 houses for sale in that price range, but that is something
new. But, I support the project.
Barry Knight: Is there any other discussion? Ms. Katsias.
Kathy Katsias: I just want to encourage Mr. Bourdon to meet with the civic league prior
to City Council because it is going to come out at City Council.
Eddie Bourdon: If we can gain additional time from the owner, we can take more time as
well, but I don't have that flexibility today.
Dorothy Wood: Mr. Bourdon, will you please explain to the people here about why you
can't defer it. Maybe they don't understand about purchase options.
Eddie Bourdon: We have a contract with the Beilers to buy the property, and we've had
it for some time. We've been working with the staff in modifying and going through and
Item #18
Village Bend, L.L.C.
Page 21
waiting in part for the workforce housing legislation to get through, so the seller has
given us extensions already, and has even worked with us on price of the land because
we've reduced the number of units. So, we don't have any more flexibility unless he is
willing to grant us more so we have to move forward or we just lose the contract. And,
that is what I got to before. But if we can get additional time and we need additional time
after today, I don't have that flexibility. That is why I have to insist on moving it on.
Dorothy Wood: But you will work with them, if you have more time. I know you're very
cooperative with the citizens.
Eddie Bourdon: You've heard staff. We bent over backwards and work with them every
step of the way, as my other client the Dragas Companies have done with the same
community five years ago. We'll continue to try and we may agree or disagree, but we
will certainly try to do it in as friendly and positive way as we can.
Dorothy Wood: They are such nice people. I really appreciate them spending their day
with us.
Barry Knight: Mr. Strange?
Joseph Strange: I would like to make a few points. Point #1 is to remind the people that
we are just going to make a recommendation and City Council will make the final
decision. Number #2, 1 think there has been a very poor public relations jobs done on
this particular project here, in spite of the fact, I think it is a good project. I think that it
just hasn't been explained properly through the community. And, the third point that I
would like to make is that soft second is on the workforce housing. Even though it is very
complicated, it is actually designed to keep the value of the homes up so that these homes
can't be sold at a lower price then the rest of the homes in the subdivision.
Barry Knight: And, Mr. Strange is the Planning Commission liaison to the workforce
housing so he knows what he is talking about. Isthere any other discussion? Mr.
Bemas?
Jay Bernas: I just want to clarify that my vote not in support of the application is not
because I don't think that it is a good application. I think there are some issues with it
such as the public relations, and it is hard for me to vote in favor of something when there
is so much civic league support. They just met with them yesterday and I'm not real
comfortable with the density at this point. But, I think it is a good application. I think
they do quality work. That is going to be the basis for my decision.
Barry Knight: Okay. Is there any other discussion? Mr. Henley?
Al Henley: I just want to say a couple of comments. I'm very familiar with the
applicant's work. I think they do quality workmanship. I've known them for a number of
years. I've worked with them. I'm very pleased with them, but I agree with Jay. I think
Item #18
Village Bend, L.L.C.
Page 22
workforce housing is needed. There is a need for workforce housing. But I think by
doing workforce housing through any application that we need to look at the density. I'm
hung up on the density. And, I'm just sorry because that is the way. You can fan all you
want but that is my personal feeling on it. A lot of people in here moved into a R- 15 and
they take a lot of pride in their neighborhood, but just because there is vacant land, and as
Don was saying, it doesn't necessarily mean that property is going to be vacant for years
to come. It will be developed one way or another. I realize that it has been reduced by
90 units or 9 1, but I think we can work a little bit close on that and reduce it even more.
Thank you.
Barry Knight: Thank you Mr. Henley. There is a motion on the floor to approve agenda
item 18. A motion made by Gene Crabtree and a second by Kathy Katsias. I'll call for
the question.
Ed Weeden: By a vote of 9-2, the Board has approved the application of Village Bend,
L.L.C. has been approved.
Barry Knight: Mr. Strange? Are there any other items?
Joseph Strange: There are no other items.
Barry Knight: The meeting is adjourned.
AYE 9 NAY 2 ABS 0 ABSENT 0
ANDERSON
AYE
BERNAS
NAY
CRABTREE
AYE
HENLEY
NAY
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
STRANGE
AYE
WOOD
AYE
Ed Weeden: By a vote of 9-2, the Board has approved the application of Village Bend,
L.L.C. has been approved.
Barry Knight: Mr. Strange? Are there any other items?
Joseph Strange: There are no other items.
Barry Knight: The meeting is adjourned.
NEWCASTLE CivIC LEAGUE
April 24, 2007
Ms. Faith Christie
Virginia Beach Planning Department
Municipal Center
Building 2, Room 115
2405 Courthouse Drive
Virginia Beach, VA 23456-9040
Ms. Christie:
MAY 1 2007
I am writing on behalf of the Newcastle Civic League to express our stron opposition to Village
Bend, LLC's proposed re -zoning of the property "on the south side of Dam Neck Road and 170
feet east of Southcross Drive". As I understand their proposal, they wish to change the zoning
from R-15 to Conditional A-12 with a PD -H2 overlay. Village Bend also states that "The
Comprehensive Plan identifies this area as being within the Primary Residential Area, suitable
for appropriately located suburban residential and non-residential uses consistent with the
policies of the Comprehensive Plan."
Our opposition is based upon the following facts.
1. The proposed re-zoninp. IS NOT CONSISTENT with the City's Comprehensive Plan.
Several elements of the Comprehensive Plan, as applied to the Primary Residential Area,
should be given emphasis when considering the proposed rezoning. These include, but are
not limited to, the following.
a. General Planning Principles for the Primary Residential Area. "The Comprehensive
Plan recognizes the primacy of preserving and protecting the overall character,
economic value and aesthetic quality of the stable neighborhoods in the Primary
Residential Area. The Plan also reinforces the suburban characteristics of commercial
centers and other non-residential areas that make up part of the Primary Residential Area.
Three key planning principles have been established to guard against possible threats to
the stability of this area. This is accomplished by providing planning guidance that
ensures appropriate use of land, creation and protection of open space areas, preservation
of our environmental resources and improvements to a transportation system that serves
those who live in the suburban areas of our city."
Comment: The proposed rezoning of this tract ignores this guidance. We feel that
Principles One and Three are relevant. Emphasis added throughout.
i. Principle One - Preserve the Quality of Suburban Neighborhoods. "Achieving
the goals of this principle requires that all new development and redevelopment in
the Primary Residential Area maintain a suburban character. In general terms,
this means that the established tjpe, size and relationship of land uses. both
residential and non-residential, in and around neighborhood areas should serve as
ii. Principle Three — Optimize Suburban Mobility. This section of the plan
recommends the inclusion of several traffic management techniques to improve
suburban mobility. In fact, the area in which the proposed development falls is void
of any of these techniques or facilities. The road that would be used for primary
access to this development is Salem Road: a two-lane, winding, country road prone
to single -car accidents. The Comprehensive Plan, in its section on the Salem Road
Corridor, states the following:
"The remaining undeveloped land on the west side of Salem Road is planned
for single-family residential and other compatible development. Such proposals
should consolidate as many parcels as possible to achieve a high quality and
coordinated development plan, provide well -landscaped setbacks along the
roadway, maximize development opportunities on these parcels otherwise
constrained by the 100 year floodplain, limit the number of access points onto
Salem Road and include well designed plans for open spaces and pedestrian
circulation. In this area, densities greater than 3.5 dwelling units per acre are
not recommended. "
Comment: Both sides of Salem Road are currently planned for single-family
residential use. While the proposed development falls on the east side of Salem
Road, we feel strongly that the Plan's density recommendation for Salem Road
should be applied equally to both sides of the road.
Because of the location of the proposed development and the huge increase in traffic
volume that will result from this proposal, we fear that the surrounding communities
will be plagued with frequent "cut -through traffic" as the new residents attempt to
avoid the bottlenecks that will created on Salem Road, Elbow Road, and Dam Deck
Road. Several communities are already experiencing this problem during the concert
season and soccer seasons as participants attempt to avoid the long lines that occur on
Dam Neck, Elbow, and Salem Roads. Additionally, rush hour traffic on Dam Neck
is frequently stop -and -go as commuters wait through several cycles at various
stoplight -controlled intersections. The addition of 300 new families will soon make
these roads unusable.
2. In addition to the proposed development's obvious inconsistency with the
Comprehensive Plan, there are several other factors that we feel should result in the
immediate denial of the application in question.
a. Public Safety. The area in question is served by the 4 1h Precinct of the Virginia
Beach Police. The residents of this area have been informed that the 4,h Precinct
has the highest population in the City, but the lowest number of Police Officers of
any precinct in the City. Also, we understand that the number of calls for police
assistance in the 4'h Precinct is already among the highest in the City.
Adding to the population density of this area will only make the current Police
situation worse, to say nothing about Fire and Rescue services. We feel strongly
that the issue of Public Safety is one that neither the Planning Department nor the
City Council should take lightly.
b. Education. Where are the children of these new residents going to attend school?
We doubt that New Castle Elementary or Landstown Middle School has the
the guide when considering future development proposals. Developing a mix of
compatible uses either within well-designed structures or well-designed tracts of land
should also be considered in this area, provided such action contributes to the quality,
attractiveness and livability of the neighborhood. A neighborhood may be defined as
a cohesive arrangement of properties, structures, streets and uses, within an area most
or all of which is residential, that share distinct physical, social and economic
characteristics. When making these decisions, it is important to take into account the
unique character of the affected neighborhood and make adjustments as necessary to
protect it. This is of particular importance when considering issues of density and
where non-residential uses are proposed in proximity to established residential areas.
The following objectives should be applied, as needed, to ensure the appropriate use
of land in the Primary Residential Area."
I "Suburban Land Use Compatibility. Generally, in large suburban settings often
characterized by many 'single use' zoning districts, land use compatibility is
achieved through the process of orienting similar or, at the very least, not
incompatible land uses and densities next to one another. While landscaped
buffers, attractive site planning, quality architecture and other techniques are
sometimes the only option to help mitigate the impacts of adjacent and
incompatible land uses, it is the city's position that good architectural and site
designs are not acceptable substitutes for good land use planning. We must
focus on applying sound land use planning practices first, then address design
considerations. As one travels outside the stable, low density, single-family
neighborhoods, there should evolve a coherent pattern of development depicting
gradual increases in residential densities and the introduction of neighborhood -
serving commercial uses."
2. "Stable Residential Areas. Established residential neighborhoods will be
protected against invasive land uses that, due to their activity, intensity, size,
hours of operation or other factors, would tend to destabilize them."
3. The Plan also refers to the principle of "Infill Development", under which Infill
Development occurs on "defined parcels or tracts of land that are surrounded by
an established arrangement of land uses of similar character. Land uses proposed
for infill sites as well as their density, material, height, setback, yard area and
other design considerations should complement and reinforce the predominant
physical character of the surrounding area. "
Comment: The proposed rezoning of this tract violates Principle One in a number of
ways. The spirit of Principle One is clear: keep the characteristics of new
developments consistent with that of the surrounding neighborhood. It is also clear that
the Plan defines a broad range of characteristics that should be kept consistent in order
to protect the established neighborhood, with specific references to consistent
Structures, Size, density, setback, yard area, and other design considerations. The
location of approximately 300 town homes immediately adjacent to single-family
residences sitting upon 15,000 square foot (and larger) lots cannot be considered
icconsistent" or "gradual" by any reasonable individual.
capacity or funding to absorb such a sudden increase in student population.
Despite a surplus in secondary schools, New Castle and Landstown will look like
a trailer park when the yards are filled with temporary classrooms.
c. The Oceana Flight Path. The proposal from Village Bend, LLC states that the
new development will fall within a zone in which the "AICUZ is less than 65dB
Ldn." As we understand this classification, it refers only to aircraft noise. Does
the application address the fact that the proposed development will be almost
directly under the flight path of aircraft on their "final" landing approach to
Oceana? It is either in or very near APZ-2: an "accident potential zone" that
deserves special consideration before any high density development takes place.
As any aviator will acknowledge, it is during this period when aircraft are flying
"low and slow" that they are extremely vulnerable to accidents. They often lack
the altitude and air speed to maneuver successfully, should they experience an in-
flight emergency. Does the City leadership really want to develop a high density
neighborhood beneath this air traffic, exposing even more citizens to this risk?
For these reasons, we respectfully request that the proposed rezoning be denied immediately. If
this decision is beyond the immediate capacity of the City Council, we request that, at a
minimum, the City defer the decision and conduct a series of studies to determine the impact the
potential rezoning would have on the following:
1. Traffic along the Salem Road Corridor and the result of adding access points to Salem
Road, ignoring the recommendations in the Comprehensive Plan
2. Traffic along the Dam Neck Road Corridor (only two lanes in the affected area)
3. Traffic on Elbow Road (only two lanes in the affected area)
4. Traffic on Indian River Road (only two lanes in the affected area)
5. Student population at New Castle Elementary School and Landstown Middle School; and
the City's ability to fund this sudden increase at the appropriate financial level
6. Police, Fire, and EMS ability to respond to calls for assistance in an area where these
resources are already spread thin
7. The obvious threat to public safety and the impact on the City's relationship with NAS
Oceana that will result from placing a high density neighborhood in, or very near, an
APZ-2 location.
Sincerely,
t
Mrs. Krystina Morgan,
President, New Castle Civic League
3917 Donnington Drive
Virginia Beach, VA 23456
CC: Virginia Beach City Council
YA UN--'� \ �)
4 May 2007
Subject: Application of Village Bend, L.L.C. for a Change of Zoning District
Classification from R- 15 Residential District and AG- I Agricultural District to
Conditional A-12 Apartment District with a PD -H2 Planned Development Housing
District Overlay on property located on the south side of Dam Neck Road.
The following information should be made aware to the planning council
concerning air traffic in the area.
I . Currently the Navy flies F/A-I 8 Super Hornets around this area. This would
be between the baseball fields and Elbow Road. The F/A- 18 Hornets have
been known to fly in back, in front and on both sides of Southcross Drive.
This area should be considered in the flight path of the F/A- 18 Hornets.
2. According to the Navy AICUZ the flight path between NAS Oceana and
NALF Fentress has a noise greater than 70 dB, thus the noise level for this
area would thus increase due to air craft flying over the area.
3. Fact during one of the air shows in the last 3 years planes were flying low
enough in this area to make out the type of aircraft and the rank of the officer
flying aircraft. In this case it was an Air Force F- 16 flown by a Major.
4. There are also instances where the Navy will fly the larger helicopters over
the housing developments.
Questions to be raised concerning the traffic patterns.
I . Salem Road below Elbow and Dam Neck is a two lane road and very narrow.
With the addition of the Housing or Apartment complex what is the impact on
this road. Will this road be widen to handle the extra traffic. What will be the
cost to purchase the property along Salem Road to widen it to handle the extra
traffic generated?
2. Dam Neck road was completed and now connects to Salem Road. Again this
road is two lanes from the Baseball Park to Salem Road. Will this road be
widen to handle the extra traffic. Will this cause a traffic light to be placed at
Dam Neck and Southcross Drive?
Questions concerning the environmental impact.
I . What is the impact on the surrounding area with the removal of the wooded
area behind the houses on Southcross Drive? Will this increase the Green
house affect in Virginia Beach?
2. What impact will there be on the potential of flooding in the area. Last year
during the heavy rain storm that we had in Virginia Beach, sections of
Southcross drive did flood out up to the curbs in the low areas.
3. Will the storm drains be able to handle the increased run off of water?
4. What impact would there be for the wild life living in or around the wooded
area. Example would be the foxes.
Potential Increase in volume of noise.
I - With the removal of the wooded area behind the houses would there be an
increase in the volume of noise created by:
a. Naval Aircraft using the area.
b. Increased traffic.
Impact on the expressway between Chesapeake and Virginia Beach.
I - What is the status and impact on this proposed expressway if housing and or
apartments are added to this area?
BRAC issues
I. Closure Panel wants Action on Oceana Encroachment — Norfolk Virginia —
Pilot August 16, 2005. Stated that the State and Virginia Beach will take
action to block new development around Oceana and roll back projects that
already have reduced the base's usefulness in training naval aviators.
2. Virginia to Spend Millions to Save Base —Washington Times Tospend$182
million to stop development around NAS Oceana.
Will changing the zoning of this area impact on the encroachment of the Navy to train
its pilots? The Navy also considers encroachment on the flight path and having to
change the flying level of inbound aircraft for touch and goes an impact on Oceana.
Informatin irovided by
Alan Gyles
2120 Southcross Drive
Virginia Beach, Va- 23456
In Reply Refer To Our File No. DF -6688
TO: Leslie L. Lilley.
FROM: B. Kay Wilson
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: August 17, 2007
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Village Bend, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on August 28, 2007. 1 have reviewed the subject proffer agreement, dated
December 21, 2006 and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/als
Enclosure
cc: Kathleen Hassen
PREPARED BY:
ISYKES. ROURDON.
N A14ERN & LEVY. P.0
VILLAGE BEND, L.L.C., a Virginia limited liability company
MERLIN BEILER, TRUSTEE UNDER THE ELVA Y. BEILER LAND TRUST
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 21st day of December, 2oo6, by and between
VILIAGE BEND, L.L.C., a Virginia limited liability company, party of the first part,
Grantor; MERLIN BEILER, TRUSTEE UNDER THE ELVA Y. BEILER LAND TRUST,
party the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, party of the third part, Grantee.
WITNESSETH:
WHEREAS, the party of the second part is the owner of a parcel of land which is
hereinafter referred to as the "Property", located in the Princess Anne District of the City of
Virginia Beach containing approximately 32.24 acres. The Property is more particularly
described in Exhibit "A" attached hereto and incorporated herein by this reference; and
WHEREAS, the party of the first part, as contract purchaser of the Property, has
initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,
Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of
the Property from R-15 and AG -1 to Conditional PD -H2 with an underlying A-12; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of
the Property and at the same time to recognize the effects of change, and the need for
various types of uses, certain reasonable conditions governing the use of the Property for
the protection of the community that are not generally applicable to land similarly zoned
are needed to cope with the situation to which the Grantors' rezoning application gives
rise; and
GPIN: 1484-16-64o8 (Part of)
I
PREPARED BY:
SYKES. ROURDON.
AUMN & LEVY, P.C.
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map, in addition to the regulations provided for the A-12 and PD -112 Zoning
Districts by the existing overall Zoning Ordinance, the following reasonable conditions
related to the physical development, operation, and use of the Property to be adopted as a
part of said amendment to the Zoning Map relative and applicable to the Property, which
has a reasonable relation to the rezoning and the need for which is generated by the
rezoning.
NOW, THEREFORE, the Grantors, for themselves, their successors, personal
representatives, assigns, grantees, and other successors in 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 qjLid pro -quo for zoning, rezoning, site plan,
building permit, or subdivision approval, hereby make the following declaration of
conditions and restrictions which shall restrict and govern the physical development,
operation, and use of the Property and hereby covenant and agree that this declaration
shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantors, their
successors, personal representatives, assigns, grantees, and other successors in interest or
title:
1. When the Property is developed, it shall be developed substantially as shown
on the "VILLAGE BEND SITE PLAN" and "VILLAGE BEND CONCEPT PLAN" each dated
December 1, 2oo6 and last revised July 18, 2007, prepared for Franciscus Homes by Clark
Nexsen, a copy of each having been exhibited to the Virginia -Beach City Council and each
being on file with the Virginia Beach Department of Planning (hereinafter, the "Site
Plans").
2. When the Property is developed, the entrance to Village Bend shall be from
Dam Neck Road with the landscape screening entrance signage and water feature depicted
on the Site Plans to be designed, landscaped and constructed substantially as depicted on
the exhibit entitled "Village Bend Streetscape Screening Conceptual Rendering", dated
December 1, 2oo6, prepared for Franciscus Homes by Clark Nexsen, a copy of which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (the "Planting Plan").
0)
PREPARED BY:
SYKES. BOURDON,
AHERN & LEVY. P.C.
3. When the Property is developed, there will be no more than one hundred
fifty (150) multi -family condominium dwelling units in the fifteen (15) multi -family
buildings depicted on the Site Plans. The architectural design and building materials
utilized will be substantially as depicted on the exhibits entitled, (a) "VILLAGE BEND
VIRGINIA BEACH, VA. io PLEX" (Sheets i and 2), dated 12/i/o6, prepared for The
Franciscus Company, Inc. and (b) "Rendering of 'multi -family residential' lo-plex
building..." at "Village Bend" dated December 1, 2oo6, prepared for Franciscus Homes (the
"lo-plex Elevations"), which have been exhibited to the Virginia Beach City Council and
are on file with the Virginia Beach Department of Planning. The colors used may vary
from those on the lo-plex Elevations, however, all will be earth tones.
4- When the Property is developed, there will be no more than one hundred six
(io6) single family condominium dwelling units within the community as depicted on the
Site Plans. The architectural design utilized will be substantially as depicted on the
exhibits entitled, "VILLAGE BEND VIRGINIA BEACH, VA MODEL 40oB" (Sheet 5),
'VILLAGE BEND VIRGINIA BEACH, VA MODEL 5ooB" (Sheet 6), "MODEL 30OC"
(Sheet i Of 4), "MODEL 20OC" (Sheet 1 Of 4) and "MODEL looA7 (Sheet 1 of 4), dated
12/i/o6, prepared for The Franciscus Company, Inc. (the "Single Family Condo
Elevations"). The exterior building materials utilized on the single family condominium
dwelling units will be a combination of brick, vinyl shake, wood and vinyl substantially
similar to the exterior finishes depicted on the two (2) exhibits entitled, "Photo of 'single
family residential' typical finishes..." at "Village Bend", and the three (3) exhibits entitled
"Front Elevation Garage in Rear at Village Bend", dated December 1, 20o6, prepared for
Franciscus Homes (the "Single Family Condo Building Material Photos"). The Single
Family Condo Elevations and Single Family Condo Building Material Photos have been
exhibited to the Virginia Beach City Council and are on file with the Virginia Beach
Department of Planning. The colors used may vary from those depicted, however, all will
be earth tones.
5. Certain dimensional requirements applicable to development of the single
family condominium dwelling units at Village Bend shall be as follows:
0 Minimum Distance from Front of Dwelling to Edge
of Curb (interior streets) 25'
3
PREPARED BY:
SYKES. ROURDON.
AJIM & LEVY. P.C.
Minimum Distance from Side of Building to Edge of Curb 20'
(interior streets)
0 Minimum Distance between Buildings 11,
Minimum Setback from a Elbow Road 30'
(Actual distance from right of way to rear of single
family units approidmatelY 50 feet)
Minimum Side Yard Setback from adjacent Property 50
(Newcastle Subdivision)
*Includes a 25 foot treed buffer to be preserved
adjacent to the shared property line with the
Newcastle Subdivision
Minimum Rear Yard Setback from adjacent Property 25
(Southside)
6. When the Property is developed, the party of the first part shall record a
Declaration submitting the Property to the Condominium Act of the Commonwealth of
Virginia. The Village Bend Condominium Unit Owner's Association shall be responsible
for maintaining the Club House, swimming pool, all open space, common areas,
landscaping and other improvements on the Property as depicted on the Site Plans.
Membership, by all residential unit owners, in the Condominium Association shall be
mandatory.
7- Grantor shall reserve forty-four (44) dwelling units, within the multi -family
section of the community comprising seventeen percent (17%) of the total units within the
community, for workforce housing (as set forth below). Grantor shall work with the
Directors of Planning and Housing and Neighborhood Preservation to ensure the
implementation of a program that reserves such homes for sale to credit -worthy buyers
having incomes between 8o% and 120% of area median household income, determined
using HUD -published figures as adjusted for family size, for the year in which the
homebuyer is qualified to purchase. Such program shall provide: (a) that the Grantor shall
distribute reserved dwelling units among credit -worthy buyers at all spectrums of the
median household income range set forth above; (b) that sale of the reserved units shall
result in a housing cost ratio for the qualified buyer that is acceptable to the Director of
Housing; (c) for integration of those dwelling units reserved for qualified buyers
throughout the Village Bend Community (both in terms of location and in terms of time of
El
sale); and (d) for reserved dwelling units that are physically indistinguishable on the
exterior from other dwelling units of the same type and size.
8. The areas depicted on the Concept Plan which will not be occupied by
buildings, including drive aisles, parking areas, setbacks and landscaping features are open
spaces which may only be utilized as such. Open Spaces shall be rezoned to P-1
Preservation District prior to Site Plan Approval and shall be maintained and used by the
Condominium Association consistent with the intent and regulations set forth in Article 3
of the Zoning Ordinance ("Preservation District").
9- Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City Codes by all cognizant Cfty agencies and
departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code
of Virginia, 195o, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
PREPARED BY: Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
'SYKES, BOURDON, including the authority (a) to order, in writing, that any noncompliance with such
ARm & LEVY. P.C. conditions be remedied; and (b) to bring legal action or suit to insure compliance with
5
PREPARED BY:
SYKES. ROURDON,
AMIN & LEVY. AC
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof
prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk�s Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed
in the name of the Grantors and the Grantee.
R
.. W-rrNESS the following signature and seal:
Grantor:
Village Bend, LL.C., a Virginia limited liability company -
By: Frandww Housing Partners, 1.1.C., a Virginia
limited liability '7,,A ` Y, it's managing member
� Z A,#
By: 4 bri (1011VEV —(SEAL)
Name:
Member
ffATE OF VIRGINIA
CrIY OF VIRGINIA BEACH, to -wit:
The foregoing instr=erkit NKa-% kn ledged before me this day of
C 4-C ON
December 2oo6, by 4 t— WMWOL , Member of Franciscus Housing
Partners, LL.C., a Virginia hmiied Hability company, Managing Member of Village Bend,
L. I -C., a Virginia limited liability company, Grantor.
Notary Public
My Commission Expires: 4,1� 36 ) 1/01
PREPARED OY'
SYM 190UMON,
=A9W&LM.1PC
WITNESS the following signature and seal:
Grantor:
SEAL)
MVr_1in_bkfler, Trustee under the
Elva Y. Beller Land Trust
STATE OF VIRGINIA
CrIY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 47 . day of
20o 1L__, by Merlin Beiler, Trustee under the Elva Y. Beiler Land Trust,
Grantor.
My Commission Expires:
PREPARED BY:
SYKES. POITI)ON,
Aimix & Uvy, i�(-.
8
Notary Public
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION OF THE NORTHERN
PORTION OF PROPERTY OF THE ELVA Y. BEILER LAND TRUST
(PART OF GPIN: 1484-16-64o8)
ALL THAT certain tract, piece or parcel of land consisting of approximately 32.24 acres,
more or less, with the improvements thereon and the appurtenances thereunto belonging,
situate, lying and being in the City of Virginia Beach, Virginia, and being a portion of that
tract of land known, numbered and designated as "PARCEL B, AREA = 63.858 ACRES", as
shown on the plat entitled "SUBDIVISION OF PROPERTY OF ELVA Y. BEILER,
KEMPSVILLE BOROUGH — VIRGINIA BEACH, VIRGINIA-, dated November 23,1994,
The TAF Group, which plat was recorded December :Lq, 1994 in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map Book 240, at Page 6. Said
portion of Parcel B is more particularly described as follows:
BEGINNING at a point along the southern right of way line of Elbow Road at the northeast
corner of the northeastern -most lot as depicted on the plat entitled "SUBDIVISION OF
NEWCASTLE, SEC71ON 2" which subdivision plat is recorded in the ClerVs Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map Book 243, at Page 28, and
from said POINT OF BEGINNING running along the southern right of way line of Elbow
Road along a curve having a radius Of 5794.63 feet an arc length of 144.16 feet, a chord
bearing of South 700 40' 38" East and a chord distance of -114-15 feet to a point; thence
continuing along the southern right of way line of Elbow Road South 710 23' 21" East, a
distance Of 929.98 feet to a point; thence turning and running South 18* 05' 27" West, a
distance Of 308-43 feet to a point; thence turning and running South igo 44' 21" West, a
distance Of 339-33 feet to a point; thence turning and running South 220 04' 33" West, a
distance of 648-78 feet to a point; thence turning and running North 53" 28' 54" West, a
distance Of 1518.64 feet to a point along the eastern boundary of the Subdivision of
Newcastle; thence turning and running North 450 07' 12" East, a distance Of 927.64 feet to
the POINT OF BEGINNING. Said parcel containing approximately 32.24 acres.
GPIN: 1484-16-6408 (Part of)
ConditionalRezone/VillageBend/Proffer2�—Clean
Rev -5/18/07
PREPARED BY:
SYKES. BOURDON.
AHERN & LEVY, P.C.
E
-48 -
Item V -I_ 7.
PLAAWING ITEM # 53 741
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED
I10EFIATTEL Y an Ordinance upon application of NELIN BROTHERSjor a Conditional Change of
Zoning District Classification:
ORDINANCE UPONAPPLICA77ON OFNEL17VBROYHERS FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-20
TO COND17YONAL 0-1
Ordinance upon application ofNelin Brothersfor a Change oLZonin
District Classification from R-20 Residential District to Conditional
0-1 Office District on property located at 2122 General Booth
Boulevard (GP17V 24141834440000). The Comprehensive Plan
designates this site as being part of the Primary Residential Area
(South General Booth Boulevard Corridor), suitablefor appropriately
located suburban residential and non-residential uses consistent with
thepolicies ofthe Comprehensive Plan. Thepurpose ofthe requested
modification is to develop the sitefor an office building. DISYRrCT 7
— PR17VCESS ANXE
Voting. 9-0
Council Members Voting Aye:
Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter
W, Schmidt, Rosemary Wilson and Ron A. Villanueva
Council Members Voting Nay:
None
Council Members Absent:
Harty E. Diezel and James L. Wood
March 22, 2005
-54 -
Item V.M.4.
PLANNING ITEM# 553 79a
Attorney Kevin M Brunick, 2101 Parks Avenue, Phone: 422-4700, represented the applicant and
concurred there was a verbal agreement to move the dumpster to the opposite side and change the site
plan accordingly.
Gregory Nelin, applicant, committed to moving the dumpster to the opposite side, and a construction
fence shall be erected
Brenda Jarrell, 1208 Hickman Arch, Phone: 301-9919, neighboring property owner, registered in
Opposition and wished to have conditions agreed upon in writing i. e. moving the dumpster.
Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application ofNELINBROTHERSfor a Conditional Change ofZoning District
Classification, subject to moving of the dumpster, afence and Best Management Practices agreements.
ORD1X4NCE UPON APPLICATION OF NELIN BROTHERS FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROMR-10 AND
R-20 RESIDENTMI, DISTRICTS TO CONDITIONAL 0-1 Z0606159
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4
Ordinance upon application of Nelin Brothers for a Change of Zon
District Classification ftom R-10 and R-20 Residential Districts to
Conditional 0-1 Office District on property located at 2122 General
Booth Boulevard (GPIN 2414183444). DISTRICT 7 — PRINCESS ANNE
Thefollowing condition shall be require&
1. An agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
During site plan review, the condition re moving the dumpster to the opposite side and constructing a
fence will be required.
This Ordinance shall be effective in accordance with Section 107 (0 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh ofJune Two
Thousand Six.
Voting: 10-0
Council Members Voting Aye:
Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RicWrd A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
June 27, 2006
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Nelin Brothers, Inc. for a Modification of Conditions for a
request approved by City Council on June 27, 2006. Property is located at 2122
General Booth Boulevard (GPIN 2414183444). AICUZ is 65 to 70 dB DNL.
DISTRICT 7 — PRINCESS ANNE
MEETING DATE: August 28,2007
0 Background:
A Conditional Rezoning from R-20 and R-1 0 Residential District to Conditional 0-
1 Office District was approved by the City Council on June 27, 2006 for the
purpose of developing an office building on the property. Proffer 1 of that
Rezoning pertained to the layout of the site, landscaping, and building elevations.
The proffered plan did not depict a driveway providing access to two (2) drive-
through banking windows behind the building. The original proposal had
stormwater management facilities and open space behind the proposed building.
The applicant's latest plans for the site include drive-through banking windows
and a different location for stormwater facilities. As a result of these changes, a
modification of the proffers must be approved by the City Council prior to
construction commencing.
0 Considerations:
The applicant is requesting a modification to the proffer agreement in order to
develop the site with a credit union with drive-through facilities and general office
space. The originally approved structure was a one (1) story, 6,000 square foot
office building with three (3) individual office units, 27 parking spaces, a
dumpster, and two (2) stormwater management facilities. The proffered
elevations depicted an attractive building with "residential character" utilizing high
quality building materials. While the new requested modification proposes a
smaller building with 4,500 square feet, the elevation will remain basically the
same, as will the building materials of brick, vinyl cedar -look shingles and a mix
of standing seam metal and architectural roof shingles.
The applicant successfully rezoned this site in 2006 despite concern from
surrounding residents. During evaluation of the 2006 Rezoning as well as the
currently requested modification, Staff has stressed the importance of following
the recommendations of the Comprehensive Plan to preserve and protect the
overall character, economic value and aesthetic quality of the adjacent residential
properties while being mindful to not introduce uses likely to be incompatible with
Nelin Brothers, Inc.
Page 2 of 2
the surrounding properties. In 2006, Staff was convinced that the result of
discussions with the neighbors and the applicant produced a Rezoning with
proffers that adequately addressed the site layout, landscaping, and building
elevations and that also provided residents, Staff and City Council with a high
level of predictability concerning the quality and aesthetics of the completed
project. The applicant now wishes to modify the proffers to allow vehicles on the
rear of property, closest to the existing homes, for the construction of a bank with
two (2) drive-through windows.
Staff concludes that the requested modification to the proffer agreement to permit
the drive-through lanes will be disruptive to the adjacent residential properties.
Due to the limited size of the site and the proposed location of drive-through
lanes (in close proximity to adjacent residential neighborhoods), the proposed
modifications of proffers for a drive-thru facility is not in keeping with the land use
planning policies of the Comprehensive Plan.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request, as proffered, but with the recommendation that the
applicant modify the proffered site plan to eliminate one lane of the drive-through
behind the building and to move the ATM facility from behind the building to the
front of the building.
As requested by the Planning Commission, the applicant submitted a revised
plan to staff that complies with those recommendations (see page 10 of the
attached report). Staff, however, still concludes the impact of drive-through lanes
between the proposed building and the adjacent homes will be negative,
regardless of the number of lanes.
Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends denial. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: Ir k , -Y vt
NELIN
BROTHERS, INC
Agenda Item 7
July 11, 2007 Public Hearing
Staff Planner: Carolyn A.K. Smith
REQUEST:
Modification of Proffers from the Conditional
Chanae of Zonina from R-20 & R-1 0
Residential District to Conditional 0-1 Office
District granted by the City Council on June 27, 2006.
ADDRESS / DESCRIPTION: 2122 General Booth Boulevard.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
24141834440000 7 — PRINCESS ANNE 0.85 acres
SUMMARY OF REQUEST
The Conditional Rezoning from R-20 and R-1 0 Residential District to Conditional 0-1 Office District was
approved by the City Council on June 27, 2006. The Conditional Rezoning has four (4) proffers:
PROFFER # I Development on the site shall conform with that as shown on the
exhibit entitled, "Proposed Office Development For General Booth
Boulevard," prepared by Engineering Services, Inc., dated October 26,
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 The architectural design of the office building depicted on the Site Plan
will be as depicted on the exhibit entitled, "PROPOSED ELEVATIONS
NEW OFFICE BUILDING, VIRGINIA BEACH, VIRGINIA,"made by
Covington/Hendrix Architects, dated 12/03/04, which has been
exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Planning Department.
PROFFER # 3 All outdoor lighting shall be shielded, deflected and shaded and
NELIN BROTHERS, 'NrC.
Agenda Item 7
Page 1
focused to direct light down onto the premises and away from
adjoining property. A photometric plan depicting such lighting shall be
submitted to the City of Virginia Beach for approval.
PROFFER # 4 Any freestanding sign shall be monument style, no greater than six
feet (6') in height with a brick base matching the brick on the exterior
of the Office Building.
Proffer 1 pertained to the layout of the site, landscaping and building elevations. The proffered plan did
not depict a driveway providing access to two (2) drive-through windows to service a bank. The original
proposal located stormwater management facilities and open space behind the proposed building. The
applicant's latest plans for the site include drive-through banking windows and a different location for
stormwater facilities. As such, the deviation proposed by the applicant must be approved through the
modification of the proffers prior to construction commencing.
The applicant is requesting a modification to the proffer agreement in order to develop the site with a
credit union with drive-through facilities and general office space. The originally approved structure was a
one (1) story, 6,000 square foot office building with three (3) individual office units, 27 parking spaces, a
dumpster, and two (2) stormwater management facilities. The proffered elevations depicted an attractive
building with "residential character" utilizing high quality building materials. While the new requested
modification proposes a smaller building with 4,500 square feet, the elevation will remain basically the
same, as will the building materials of brick, vinyl cedar -look shingles and a mix of standing seam metal
and architectural roof shingles.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped vacant site
SURROUNDING LAND North: 0 Single-family dwellings / R-20 Residential District
USE AND ZONING: South: 0 Single-family dwellings / R-20 Residential District
East: 0 Single-family dwellings / R-20 Residential District
West: 0 Fuel sales, bank, shopping center with mixed retail / B-2
Community Business District
NATURAL RESOURCE AND The site has been recently cleared in preparation for site construction.
CULTURAL FEATURES: There do not appear to be any significant environmental resources on
the site.
AICUZ: The site is in an AICUZ of 65 to 70 dB DNL surrounding NAS Oceana.
NELIN BROTHERS, INC.
Agenda Item 7
Page 2
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The Master
Transportation Plan classifies General Booth Boulevard as a four (4) lane, minor arterial roadway. There
are no plans at this time to widen this right-of-way; however, during final site plan review, a reservation will
likely be required.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
(LOS D)
Holland Rd
General Booth
36,100 ADT
26,000 ADT '(Level of
Originally Proposed Land
1.01
Boulevard
Nimmo Pkwy
Service "C") — 34,500 ADT
Use 2 — 66 ADT
London Bridge Rd
1.06
Dam Neck Rd
(Level of Service "E")
3
Proposed Land Use 756
North Landing Rd
Seaboard Rd
1.88
Dam Neck Rd
ADT
P%Vtll dyu ucilly I I 1pz'
2 as defined by 6,000 square feet of general office
3 as defined by 3,000 square feet of bank and 1,500 square feet of general office
This segment of General Booth Boulevard is located within District 7, Princess Anne. The following roads
are located within District 7 and are over capacity (LOS D):
Street Name
Dam Neck Rd
Dam Neck Rd
General Booth Blvd
General Booth Blvd
Holland Rd
Princess Anne Rd
Princess Anne Rd
Princess Anne Rd
Princess Anne Rd
Sandbridge Rd
From
TO
Volume/Capacit
(LOS D)
Holland Rd
Drakesmile Rd
1.11
Princess Anne Rd
Holland Rd
1.01
London Bridge Rd
Nimmo Pkwy
1.10
Dam Neck Rd
London Bridge Rd
1.06
Dam Neck Rd
Nimmo Pkwy
1.10
North Landing Rd
Seaboard Rd
1.88
Dam Neck Rd
Nimmo Pkwy
1.76
General Booth Blvd
Sandbridge Rd
1.08
Nimmo Pkwy
North Landing Rd
1.06
Princess Anne Rd
Lotus Dr
1.18
WATER: There is a 20 -inch water transmission line in General Booth Boulevard. City water is not available.
Health Department approval will be required for private well(s).
SEWER: There is a 30 -inch Hampton Roads Sanitation District (HRSD) sanitary force main in General Booth
Boulevard.
NELIN BROTHERS, INC.
Agenda Item 7
Page 3
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends denial of this request based on the reasons discussed below in the evaluation section.
Comprehensive Plan:
The Comprehensive Plan recognizes this site to be within the Primary Residential Area Site 4, South
General Booth Boulevard Corridor. The Plan recommends that 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.
Evaluation:
The applicant successfully rezoned this site in 2006 for a 6,000 square foot office building, despite
concern from surrounding residents. From the beginning, Staff stressed the importance of following the
recommendations of the Comprehensive Plan to preserve and protect the overall character, economic
value and aesthetic quality of the adjacent residential properties while being mindful to not introduce uses
likely to be incompatible with the surrounding properties. In 2006, Staff was convinced that the result of
discussions with the neighbors and the applicant produced a proffer agreement that adequately
addressed the site layout, landscaping and building elevations and provided residents, Staff and City
Council with a high level of predictability concerning the quality and aesthetics of the completed project.
The applicant now wishes to modify the proffer agreement to allow vehicles on the rear of property,
closest to the existing homes, for the construction of a bank with two (2) drive-through windows also
proposed on the back side of the building.
Staff is seriously concerned that the requested modification to the proffer agreement to permit the drive-
through lanes will be disruptive to the adjacent residential properties. Due to the limited size of the site
and the proposed location of drive-through lanes and kiosk (in close proximity to adjacent residential
neighborhoods), the proposed modifications of proffers for a drive-thru facility is not in keeping with the
land use planning policies of the Comprehensive Plan.
It is also of interest to note that General Booth Boulevard is currently over capacity. General office use,
as originally proffered, was expected to generate 66 ADTs while the proposed 1,500 square foot bank
and 1,500 square feet of office is expected to generate up to 756 ADTs. While under the current proffer
agreement, Staff could not deny a bank within the office building, the requested modification to the
proffers to allow drive-through windows and traffic at the rear of the building compels Staff to recommend
denial.
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,"
(§107(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.
PROFFERII:
Development on the site shall conform with that as shown on the exhibit entitled, Proposed Office/Credit
NELIN BROTHERS, INC.
Agenda Item 7
Page 4
Union Development" prepared by Engineering Services, Inc., dated March 29, 2007, 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:
The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibits
entitled, "PROPOSED ELEVATIONS VIRGINIA BEACH SCHOOLS FEDERAL CREDIT UNION, VIRGINIA
BEACH, VIRGINIA," prepared by Covington/Hendrix Architects dated April 26, 2007, which have been
exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning.
PROFFER 3:
All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises
and away from adjoining property. A photometric plan depicting such lighting shall be submitted to the City
of Virginia Beach for approval.
PROFFER 4:
Any freestanding sign shall be monument style, no greater than six feet (6) in height with a brick base
matching the brick on the exterior of the Office Building.
PROFFER 5:
Grantor shall construct a black wrought iron or substitute metal fence with brick columns at the southwest
corner of the property, which fence shall meet the requirements of Zoning Ordinances of the City of Virginia
Beach. The fence will run along the property line of the subject property beginning at a point marking the
end of the fence of the property adjoining to the east and ending at the end of the fence of the property
owner adjoining to the south.
PROFFER 6:
Grantor shall install a Category 11 landscaping buffer running along the entire length of the rear property line
of the subject property.
PROFFER 7:
It is recognized that further conditions may be required during the application of City ordinances and that
there will be detailed site plan review to meet all applicable City codes, and that further conditions may be
required during the administration of applicable City ordinances.
STAFF COMMENTS: The proffers listed above are not acceptable as they permit a drive-through facility on
the rear of the building immediately adjacent to residential dwellings.
The City Attorney's Office has reviewed the proffer agreement dated June 26, 2007, and found it to be
legally sufficient and in acceptable legal form.
NO TE.- Further conditions maybe required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet aft 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.
NELIN BROTHERS, INC.
Agenda Item 7
Page 5
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1
06/27/06
Change of Zoning (R-1 0 & R-20
Granted
Residential District to Conditional 0-1
Office District)
2
02/10/98
Conditional Use Permit (church)
Granted
3
06/11/96
Conditional Use Permit (car wash)
Granted
05/19/86
Conditional Use Permit (fuel sales)
I Granted
06/27/95
Change of Zoning (R-20 Residential
G ra nte d
District to R-1 0 Residential District)
5
01/11/88
Conditional Use Permit (truck rental)
Withdrawn
10/22/84
Change of Zoning (R-3 Residential
Granted
District to B-2 Community Business
District)
ZONING HISTORY
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Item #7
Nelin Brothers, Inc.
Modification of Conditions
2122 General Booth Boulevard
District 7
Princess Anne
July 11, 2007
REGULAR
Barry Knight: We will now open the public hearing portion and Mr. Secretary, will you
please call the first item to be heard.
Joseph Strange: The first item is item 7, Nelin Brothers, Inc. An application of Nelin
Brothers, Inc., for a Modification of Conditions for a request approved by City Council
on June7, 2006. Property is located at 2122 General Booth Boulevard, District 7,
Princess Anne, with seven proffers.
Kevin Brunnick: Good afternoon ladies and gentlemen, my name is Kevin Brunnick.
I'm an attorney here in Virginia Beach. I'm here for the application of Nelin Brothers,
Inc. As indicated in staffs report, we were here last year, and was granted a Conditional
Rezoning with certain proffers that were approved. We're back frankly, because between
that time and now, my client was approached by the Virginia Beach School Credit Union.
The credit union approached my client and is interested in renting the bottom portion of
the building. Of course, they would like a drive-thru. So, what we are hearing asking for
this afternoon is a modification of those proffers to permit a drive-thru. From the staffs
evaluation, that seems to be the biggest problem. They recommended denial because of
the drive-thru. I would direct your attention to the fact that my clients do intend, and the
square footage of the building has been shrunk to accommodate the drive-thru. They
moved the building closer to the street away from the back of the lot where there are
adjacent homes. The moved the dumpster location. They have agreed to upgrade the
landscaping to Category II landscaping. My client, frankly, would do whatever
landscaping that the Commission may feel is appropriate and would satisfy the adjacent
landowners. They are concerned about the landscaping aspect of this application. It is
going to be a quality tenant with the credit union. Their hours of operation are limited 9
to 5. The credit union itself will not open on the weekend. Frankly, there will be a
representative from the credit union. Her name is Sally Fontenot. She will be here to
speak to you briefly. She, frankly, has some issues with the staff's recommendation,
specifically with their data as the ADTs would be generated. Ms. Fontenot believes that's
no where near the amount that this particular credit union will generate. This isn't a
Chartway or Virginia Beach Federal Credit Union. It is small. I believe my
understanding is that she has some numbers that she will present to you that they get from
their main office, which is much less than what is indicated in staff's report. My client
has discussed this matter with the neighbor immediately behind the site, and to the right
of the site where the drive-thru will be located. Based on those discussions, we
understood that they were fine with it, as long as there were sufficient landscaping and
Item #7
Nelin Brothers, Inc.
Page 2
deflective lighting as long as it didn't interfere with their privacy. They are prepared to
do whatever is required to do. That is all that I have.
Barry Knight: Mr. Brunnick? Are there any questions of Mr. Brunnick at this time? Ms.
Wood?
Dorothy Wood: How many of the locations like this, do not have a drive-thru, and just
have people walking in?
Kevin Brunnick: I think Ms. Fontenot could possibly answer that better than 1.
Dorothy Wood: Thank you.
Barry Knight: Welcome ma'am. Please identify yourself for the record.
Sally Fontenot: Thank you. Good afternoon. I'm Sally Fontenot with Virginia Beach
Schools Federal Credit Union. I would like to address your concerns about our drive -up
traffic. We are a small credit union. We have roughly 12,000 members, of that, 8,000
are adults, and of that, we have about 5,000 checking accounts, which are people who
come to us frequently. We currently have two branches. This would be our third. I have
some numbers from this year, the first quarter of this year, actually through April, of our
drive -up at our main office, and then our branch on Salem Road. They are no where
close to what you have in your report. I will share them with you. At our main, which we
have four drive -up lanes, at our main office, on a normal day, and when I say normal, it is
a non -pay days, we have 57 cars come through our drive -up. On a pay day, we have 89.
This is an average of January through April of 2007. At our Salem Office, on a regular
day, we have 42 come through the drive -up and 75 on a pay day. So, I just hope you
would just reconsider those numbers because we are a small credit union. That is not just
going to happen for us.
Barry Knight: Thank you.
Sally Fontenot: Are there any other questions?
Dorothy Wood: The question that I asked before, since it is a small credit union, why do
you need a drive-thru? I noticed that some of the credit unions that I see in shopping
centers, people walk up and they seem to be very successful.
Sally Fontenot: Generally, the credit unions that use those walk ups have several other
branches or facilities that their numbers can choose from in close proximity. So, if they
have small children, and they want to drive through and not take the kids out, they can.
We don't. So, that wouldn't be an option for us. We just have two branches currently.
Dorothy Wood: And you don't have any branch without a drive-thru?
Item #7
Nelin Brothers, Inc.
Page 3
Sally Fontenot: No ma'am.
Barry Knight: Are there any other questions for Ms. Fontenot? Thank you ma'am.
Sally Fontenot: Thank you.
Barry Knight: Mr. Whitney? Would you just explain to us, if you would, because we are
under the understanding that this is zoned business and they can have a bank? The only
thing on discussion today is the drive -du -u, because the bank can happen without any
action by this body. It is just the drive-thru that we're talking about.
Jack Whitney: That is correct. It is a Modification of Proffers, which would allow the
drive-thru, but the bank would be okay after that.
Barry Knight: Thank you. Mr. Strange?
Joseph Strange: There is no opposition.
Barry Knight: I'll open it up for discussion among the Commission members. We have
a staff recommendation of denial, and you have heard why, but there is no opposition
here. Mr. Horsley?
Donald Horsley: Mr. Whitney or a member of the staff, could you address the real
negative impact from this drive-thru. I mean how many vehicles they have in a day'.�
Jack Whitney: I think the issue, of course, is compatibility with the neighboring
residential uses. Often times, you will see these drive-thrus as out parcels in a shopping
center or some other commercial, where they would not be a problem. I think the issue
here is really their location and close proximity to surrounding residential.
Donald Horsley: And you don't think that buffers are adequate to take care of it?
Jack Whitney: There are three lanes in the rear of the proposed credit union. Maybe, if
there was a reduction in the number of those lanes, that would help.
Donald Horsley: That is the next question that I was going to ask. If they reduce the
number of lanes, and if they didn't need two drive-thru and they stuck with one?
Jack Whitney: That would certainly be a reduction in any impact, and if that could be
replaced with additional screening or buffering, that would be to the good.
Barry Knight: Mr. Horsley? Would you like to bring the applicant back?
Donald Horsley: I think that would be a good idea.
Item #7
Nelin Brothers, Inc.
Page 4
Barry Knight: Both of them would probably be good. If you all would, please identify
yourself again for the record.
Sally Fontenot: Sally Fontenot with the Virginia Beach Schools Federal Credit Union.
Kevin Brunnick: Kevin Brunnick.
Barry Knight: Thank you. Mr. Horsley has a question.
Donald Horsley: Based on the comments that Mr. Whitney just made, would it be
feasible for you if we cut it down to one drive-thru instead of two?
Sally Fontenot: It would be feasible but we need the second drive-thru. Today no, but
about five years from now, we certainly hope we would need that.
Donald Horsley: So, the number of cars you go coming through, you said on pay day, 75
vehicles or whatever? You anticipate that to really increase?
Sally Fontenot: Not a lot but it will increase hopefully. Yes. We're a growing financial
institution.
Donald Horsley: You think that one drive-thru wouldn't be able to handle that?
Sally Fontenot: I think it would lock us into a property that we would outgrow to where
we were hoping we could stay there, build it and use it.
Donald Horsley: Okay. That is what I needed to know.
Barry Knight: Mr. Bernas?
Jay Bernas: You had mentioned that there are three affected property owners, and you
mentioned that you only spoken to two?
Kevin Brunnick: If I said three, I misspoke. This is Mr. Nelin. who is a principal of
Nelin Brothers. Mr. Nelin has indicated that he has spoken with two.
Jay Bernas: That was my question. Was that other person not receptive to this or you
just couldn't get in contact with him.
Barry Knight: Mr. Nelin, identify your self please?
Robert Nelin: Yes. I'm sorry. My name is Bobby Nelin, one of the owners of the
property and principals. I did speak to the property owners directly behind where it says
Lot 1 at the top of the screen (pointing to PowerPoint) and Lot 22 directly to the right.
The people on the left side, is actually a large buffer there now as it is, and during our
ftem #7
Nelin Brothers, Inc.
Page 5
first conversations on our first building, there were never any issues or what have you. I
have just never spoke to them or they haven't contacted us. Letters have gone out to
them. I have drop packets off at their location and just haven't heard back. But I have
talked in great detail of people on the right and people behind them. There main concern
is privacy, like it was prior to us owning the property, and I can understand that. There is
a six foot fence that runs basically two-thirds of the back of the property right now.
Barry Knight: Mr. Nelin? Would you pull the pointer dp please? Just pull it up and show
us.
Bobby Nelin: Okay. Basically, from about here back is a six-foot wooden privacy fence.
What we're proposing to do is ftom this point over to this point here, and again is another
six-foot privacy fence here, we're proposing to do a, and it is proffered, a six-foot fence
with brick columns. Brick columns, as you can see are these little boxes, and it would be
a wrought iron type of a fence, with a landscaping buffer, Category 11, along all three
sides basically, but extremely a little more dense right in this area here. I've also
explained and talked with the homeowners that if need be, we are willing to plant bushes
on their side of the property. In other words, to like kind of stagger that if we had one
here, maybe we would have one on the opposite side just so that it would make it more of
a buffer there. Their main concern is that they know we are going to be building an
office. When we were approached by the credit union, we thought about it and we rather
we would want to go through this process again, not that it was so enjoyable the first
time, but, we thought about it. We said this is a quality tenant that is looking to do a
long-term lease with us. We thought that was a win-win for not only with us but also for
the surrounding community. They would know what is going to be there. We told them
that we would landscape this thing to help and build it the way that we initially had said
we were going to build it. And, quite honestly, the hours of operation is a tenant that we
feel that warrants the extra ability to go through it. As many teachers that live in this area
at this end of the Beach, and quite honestly, there are no services for them. I would
imagine Sally, if I'm not wrong, a lot of these banking issues now are kind of obsolete
now anyway because most people who do it through the internet and what have you. We
just thought this would be a quality tenant. I think they would be an asset to the
community. I know our building and our landscaping would take care of any issues of
privacy.
Barry Knight: Mr. Bernas?
Jay Bernas: I have just one more banking question. Will one of the lanes be an ATM
lane that could be accessed 24/7?
Sally Fontenot: Yes.
i— Barry Knight: Are there any other questions of the applicant? Ms. Anderson?
Janice Anderson: Going back to Mr. Horsley's questions. Would you consider maybe
Item #7
Nelin Brothers, Inc.
Page 6
seeking approval on a one -lane drive-thru and then coming back to expand that drive-thru
use at a later date if the bank sees the need?
Robert Nelin: There are basically two drive-thrus. That third lane there is just a pass-
through lane. So, if somebody wanted to go around or anybody that is parked along the
right side there, if they wanted to get around the building because it is a one-way, it
would basically get around. Basically, ten feet of that already is the size of a one-way
street is not going to be occupied anyway by a passing car that is not going through a
drive-thru.
Janice Anderson: Okay.
Robert Nelin: I think there is more than adequate parking in the front of the building for
our needs, but because of the requirements, we needed to add some extra parking spots. I
don't anticipate those parking spots on the right side to ever be used. Quite honestly, the
only people going there in all probability will only use those two lanes and not go around
that third lane. I can't imagine that most the teachers that get paid every two weeks, I
don't think you're ever going to have any stacking or any of that problem that you might
see in a Bank of America or, lets say, a bigger branch.
Barry Knight: Mr. Henley?
Al Henley: Thank you. You will have a proposed intercom system? Is that correct.
Sally Fontenot: Yes. For the drive -ups?
Al Henley: Is there a standard volume, or can that volume be turned down to a degree
that would possibly not radiate through the adjoining neighbors?
Sally Fontenot: No sir. The person in the car would be the only one that would hear that.
It would not be very loud.
Al Henley: That was one of the concerns on one of the calls that I received.
Sally Fontenot: No sir, not at all.
Al Henley: So it is not like a fast food facility where the volume is blaring.
Sally Fontenot: No sir.
Al Henley: You've answered my question. Can that volume be turned down?
Sally Fontenot: Yes sir. It has a volume thing, but it would only be adjusted so that the
person right there could hear it.
Item #7
Nelin Brothers, Inc.
Page 7
Barry Knight: Ms. Wood has a question.
Dorothy Wood: I just have a few questions.
Sally Fontenot: Sure.
Dorothy Wood: I think you said that the bank where you drive-in is now getting to be
obsolete because people are using the internet, which I'm sure that with direct deposit
that is true. You also said that you had less than 88 cars a day, which would make one
lane adequate but if you grow then we probably wouldn't want to have two lanes there
next to the neighbors.
Sally Fontenot: The first lane is an ATM lane. One lane has an ATM for people who
want to self -serve, and then the other one would be teller assisted.
Dorothy Wood: Perhaps you could move the ATM to the front of the building away from
the neighbors? I'm just thinking about the neighbors behind you, because it looks to me
that it is much too close to the adjoining property and put the drive aisle, I wouldn't want
to live that close. I always look at things as where I would want to live. I can see maybe
support maybe if there was one lane, but two lanes and another drive aisle that is really
getting right at your neighbor's backyard.
Sally Fontenot: There is really ten foot plus the landscaping buffer.
Dorothy Wood: Thank you.
Barry Knight: Are there any other questions? Mr. Redmond?
David Redmond: How many employees do you have typically at a facility this size?
Sally Fontenot: Seven.
David Redmond: Seven. Okay. Thank you.
Barry Knight: I wasn't really clear on the question that Ms. Wood asked you. There are
three drive aisles through there now: ATM, bank teller drive-thm, and a through lane. I
believe that Ms. Wood asked you would you be willing to have two lanes and move the
ATM to the front of the bank, and I don't recall you answering that.
Sally Fontenot: We would be willing, but we can't make the parking requirements if we
do that. We would have to give up parking to do that. We would be willing to do that.
Barry Knight: Ms. Lasley?
Karen Lasley: Sir.
Item #7 -
Nelin Brothers, Inc.
Page 8
Barry Knight: Can you answer? There are three drive aisles now. One is a drive-thru.
They're proposing, one is a drive-thru, one is an ATM, one is for bank tellers. The
Commission is asking the question can we move it to the front of the bank so they can
only have two aisles to drive through, and one being a thru and one being for banking?
Ms. Fontenot says that she doesn't meet the parking requirements. What are your
thoughts on that? Can anything be done on that.
Karen Lasley: Well, a variance can be required from th6 Board of Zoning Appeals and if
all parties are agreeable, I could try to help to facilitate that. The Board of Zoning
Appeals would have to look for a hardship but I think we can use the fact that they're
trying to be a better neighbor to the residents in the back. I think that would probably
help them get the variance. I can't guarantee it but I will be glad to take that forward if
this is approved without the extra drive aisle in the back.
Barry Knight: Thank you.
Karen Lasley: We might be able to work with the design so that she doesn't have to lose
the parking space in order to put in the ATM.
Barry Knight: Ms. Wood, do you have a question?
Dorothy Wood: Yes. I was thinking of ATMs that are right on the building. They
wouldn't take up parking space.
Sally Fontenot: You have to have a lane for somebody to drive around.
Dorothy Wood: I mean, they walk up to the ATM is what I'm talking about. I wasn't
talking about driving.
Sally Fontenot: We prefer to have one where they drive up because of the safety issues
especially at night.
Dorothy Wood: Okay. I was talking about the one where you walk up not drive up.
Thank you.
Barry Knight: Hold on a second. I see our two legal minds.
Donald Horsley: The question I had is what are your hours?
Sally Fontenot: We're open from 8:30 to 5:00.
Donald Horsley: Okay.
Sally Fontenot: The drive -up opens up at 8:30 and then the main office opens up at 9:00.
Item #7
Nelin Brothers, Inc.
Page 9
Donald Horsley: The ATM is open 24 hours a day?
Sally Fontenot: Yes sir.
Donald Horsley: So we got cars going through at night?
Sally Fontenot: We could.
Barry Knight: Ms. Lasley or Mr. Macali, do you have anything to add did you? Mr.
Crabtree?
Eugene Crabtree: I want to talk about the ATM and the location of it. If is open 24 hours
a day and that ATM is in the back of the building, and it is a safety issue walking up to
one, I rather walk up to one in the front than I would driving to one in the back that can't
be seen from the street. So, from a safety issue, and I've been involved in safety all my
life. From a safety standpoint of yours, if I was a safety officer approving this, I would
approve one in front faster than I would in back that can be screened from the street.
That is just my general comment.
Barry Knight: Mr. Redmond then Mr. Livas.
David Redmond: You lost me on the safety issue part. Could you explain that to me
please? I've seen many thousands of ATMs that are on a front of a building including the
office building where I work and I am unaware of what the safety issue would be? Can
you clue me in?
Sally Fontenot: Sure. Obviously, if it is a walk up, they have to get out of their car and
walk up to it, which after hours, at night especially, that could pose a safety issue. I
prefer to have a drive -up, one so they wouldn't have to get out of their car because of
that. We don't want to put any of our members in a compromising position in any way.
David Redmond: So pretty much any ATM that exists in front of a building somewhere
is a safety concern?
Sally Fontenot: I'm not saying that. I'm saying that is our position.
David Fontenot: That is General Booth Boulevard and it is a pretty busy roadway in
front. It is not exactly tucked away somewhere. I think that this building would be pretty
strong. I fail to see why that is not, what Ms. Wood suggested a pretty reasonable
compromise to put the ATM on the front of the building with great visibility. I'm sure
you can handle that pretty easily with lighting, then be able to reduce that one lane to the
drive-thru transactions that would require the assistance of a teller within the bank.
Barry Knight: Mr. Livas?
Item #7
Nelin Brothers, Inc.
Page 10
Henry Livas: As part of this effort to drive this ATM and drive-thru, are you concerned
about kids in the car? Is that why you don't want people getting out of cars, babies and
all that?
Sally Fontenot: It's one of our concerns. We serve the school system and also the
students and their parents are eligible to be members. A lot of them have children and
they come with their children. It is easier especially if there is bad weather for them just
to come through a drive-ffiru. Unbuckle and buckle back in and all that.
Henry Livas: Another question, would it create a problem if you added that other drive-
thru later, because you said you need it because you think business is going to be growing
in the future. It if doesn't and you don't need it, then the question is couldn't you add it
later?
Sally Fontenot: That would be more of a structural question.
Robert Nelin: Sure. It could be added later. There are a number of different options. We
worked with Sally, and this is what they thought would be the best for their business and
what they thought would be best for their members. Again, I think it really comes down
to the privacy issue. Before we bought this property, there was this old house there. It
had some overgrown bushes. You could see General Booth through some of the areas
there. There is one area on the right side (pointing to PowerPoint) right in this area here,
there is probably an 80 to 100 year old Oak tree that we made sure that we kept in order
to keep it more looking residential, and part of that community behind us. I mean, I'm a
home builder by trade, so I know how important it is for homeowners and stuff. I want to
be a good neighbor to these people. We're going to have our office there as well. So,
that is why I suggested that if it is the privacy issue, I think we can accomplish that with
the additional Category II landscaping as well as landscaping on the other side of the
property. From the adjoining neighbors that have been their concern. So, that is why I
addressed those concerns. They had no concerns over noise, over hours. As a matter of
fact, I told a member that we had a limousine service that was looking to rent our office
there. Quite honestly, they like the visibility, putting their cars out in front, and they're
all hours of them coming in. So, I think the hours of operation and the occasional cars
that come through there, I think the ATM machine, and if I wasn't a member, I probably
wouldn't use that ATM machine because it is kind of out of the way. There are plenty of
ATM machines elsewhere that you can get to. I think it is more for the fact that were
keeping them during the day, during the business hours, and somebody wanted to come
through and make a transaction and not go to the teller, they just wanted to go up to the
ATM machine, they can drive up and drive through. That is my own personal opinon on
that.
Barry Knight: Mr. Crabtree has a question.
Eugene Crabtree: A couple of things. You said that on payday you have about 80
something vehicles go through there a day. What percentage of these vehicles use the
Item #7
Nelin Brothers, Inc.
Page 11
ATM versus the teller?
Sally Fontenot: Maybe?
Eugene Crabtree: In other words, how many vehicles do you have using the teller? How
many do you have using the ATM on a given date?
Sally Fontenot: Probably 20 percent use the ATM.
Eugene Crabtree: Okay. Do you have people lined up at the ATM and the teller at the
same time?
Sally Fontenot: Yes. There might be someone at the teller and the ATM. Yes.
Eugene Crabtree: But not a whole lot of heavy traffic. So, why can't you just put one
lane in there and have one that is a service by a teller, and then somewhere, either before
that or past that, the building itself have an ATM in the same lane. Have a teller and a
lane. If somebody wants to use the ATM, they wait until the person is through using the
teller. If the one using the ATM, let the person wait until they get through to use the
teller, and then you only have one lane in there and have both services in one lane. It can
be done. Common sense says that solves your problem. You got it. You cut it to two
lanes. You don't have it in front. You got it in back. People can stay in their car.
You're not losing any service and you are going to accomplish what you want to do. So..
why not think about doing it that way?
Sally Fontenot: Because using that scenario, would be the convenience factor. That is
why we want the second lane.
Eugene Crabtree: You've already said that you don't really have a wait. You already
told me that you don't have a wait. So, if you don't have a wait, you serve no
consequences.
Barry Knight: Are there any more questions for the applicants at this time? Thank you
ma'am. I'll open it up for discussion among the Commissioners. Mr. Horsley.
Donald Horsley: Are any of those neighbors here?
Joseph Strange: There is no opposition.
Barry Knight: Are any of the neighbors in the audience? I'll open it backup for
discussion. Mr. Bemas.
Jay Bemas: My main concern about the ATM is why I asked about it is would I want an
ATM in my backyard 24/7? 1 mean, I always use the drive-thru ATM. I never use a teller
any more, but I think of what would I want to have in my backyard. I wouldn't mind a
Item #7
Nelin Brothers, Inc.
Page 12
teller so much because that is during business hours, but from an ATM perspective, I just
would be a little bit concerned about it being a 24/7. There is that whole prime factor in
your backyard. That is always going to be there. I would be more in favor of what some
of the other Commissioners have recommended about moving the ATM.
Barry Knight: Are there any other questions for the applicant? Thank you. Is there any
other discussion? We have some options available to us. We have the proffers and a
recommendation for denial, but we can certainly change the proffers between here and
Council. Is that right Mr. Macali?
Bill Macali: Only the applicant can change the proffers. You can make that
recommendation on that basis, but it would be up the applicants to actually go forward
with the change in those proffers. It has to be done no later than 10 days before the next
Council meeting.
Barry Knight: Ms. Katsias?
Kathy Katsias: I could support the application if it was reduced to having the ATM in the
front and reducing the three lanes to two lanes, and just having one drive-thru. As it is
now, on our bus tour, it was encroaching into the neighborhood, and therefore, like Jay
said, I wouldn't want something in the middle of the night using the ATM, lights
flashing. They way the application reads now, I concur with the staff to deny the
application.
Barry Knight: We have an option. If the rest of the Commission would concur with that,
I will bring the applicant back up, and Mr. Macali, correct me, I would ask them if they
would like to move forward as it is for the approval or denial or move forward with the
recommendation with the ATM in the front and the two drive-thru aisles.
Kevin Brunnick: We would prefer to move forward with the recommendation with the
ATM be in the front and the two lanes.
Barry Knight: Ms. Katsias? Would you like to make that motion?
Kathy Katsias: I will make a motion that the new proffer be that the ATM drive-thru will
be eliminated and put in the front of the building, and only one drive-thru teller window
as well as a passenger lane be in the rear, and additional landscaping to buffer the drive-
thru?
Barry Knight: Do I have a second?
Dorothy Wood: Second. But the ATM will not be a drive-thru in the front. It will be on
the building.
Item #7
Nelin Brothers, Inc.
Page 13
Barry Knight: Is there any discussion? A motion has been made by Kathy Katsias and a
second by Dot Wood with the change of proffers between now and Council. I'll call for
the question.
AYE 11 NAY 0
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
STRANGE
AYE
WOOD
AYE.
ABS 0 ABSENT 0
Ed Weeden: By a vote of 11-0, the Board has approved the application of Nelin
Brothers, Inc., with a change in proffers before City Council.
Barry Knight: Thank you.
In Reply Refer To Our File No. DF -6757
TO: Leslie L. Lilley
FROM: B. Kay Wilson 1.000�
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: August 17, 2007
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Nelin Brothers, Inc.
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on August 28, 2007. 1 have reviewed the subject proffer agreement, dated
August 16, 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
TO (COVENANTS AND CONDITIONS)
CITY OF VIRGINIA BEACH,
a municipal corporation of
the Commonwealth of Virginia
THIS MODIFIED PROFFER AGREEMENT, made this 16'h day of August, 2007,
by and between NELIN BROTHERS, INC., a Virginia corporation, Grantor; and CITY
OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee;
WITNESSETH THAT:
WHEREAS, Grantor and Grantee are parties to a Proffer Agreement dated
December 28, 2004 which is recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia as Instrument Number 20060630000994450 in
connection with and as a condition of the rezoning of Grantor's property described on
Exhibit A attached hereto from R- 10 and R-20 to 0- 1 Conditional; and
WHEREAS, Grantor has initiated an application to modify the terms and
conditions of the Proffer Agreement described in the previous paragraph; and
WHEREAS, Grantor and Grantee acknowledge and agree that the terms of this
Modified Proffer Agreement shall supersede and supplant the terms and conditions of the
original Proffer Agreement; and
Prepared by:
Kevin M. Brunick, Esquire
Stallings & Bischoff, P.C.
2101 Parks Avenue, Suite 801
Virginia Beach, VA 23451
(757) 422-4700
GPlN# 2414-18-3444
)WHEREAS, the Grantee's policy is to provide only for the orderly development of
land, for various purposes, including industrial purposes, through zoning and other land
development legislation; and
VVHEREAS, the Grantor acknowledges that in order to recognize the effects of
change, and the need for various types of uses, including a specific conditional purpose
for the development of the property with strictly limited uses rather than the existing uses
allowed by the existing 0-1 zoning, certain reasonable conditions governing the use of
the Property for the protection of the community that are not generally applicable to land
in the 0-1 zoning classification are needed to cope with the situation to which the
Grantor's proposed development 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 conditional amendment to the Zoning Map, in addition to the regulation provided for
in the 0-1 Zoning District or zone by the existing overall City Zoning Ordinance, the
following reasonable conditions related to the physical development and operation of the
property to be adopted as a part of said amendment to the new Zoning Map relative to the
property described above, which have a reasonable relation to the rezoning and the need
for which is generated by the rezoning and proposed development; and
)WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the modification to the conditional 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 a comprehensive 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 an ordinance or a resolution adopted by the governing body of the
Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of
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 Grantor, for himself, his successors, personal
representatives, assigns, grantees, and other successors in title or interest, voluntarily and
without any requirement by or exaction from the Grantee or its governing body and
without any element of compulsion or quid pro quo for zoning, rezoning, site plan,
building permit, or subdivision approval, hereby makes the following declaration of
conditions and restrictions as to the physical development and operation of the subject
property and governing the use thereof and hereby covenants and agrees that this
declaration 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
Grantor, their successors, personal representatives, assigns, grantees, and other successors
in interest or title, namely:
The following shall be substantially adhered to, however, 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, including the City
Arborist, to meeting all applicable city Code requirements:
1. Development on the site shall conform with that as shown on the exhibit entitled,
"Proposed Office/Credit Union Development" prepared by Engineering Services, Inc., dated
August 13, 2007; which has been exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning (hereinafter, "Site Plan").
2. The architectural design of the office building depicted on the Site Plan will be as
depicted on the exhibits entitled, "PROPOSED ELEVATIONS VIRGINIA BEACH
SCHOOLS FEDERAL CREDIT UNION, VIRGINIA BEACH, VIRGINIA", prepared by
Covington/Hendrix Architects dated April 26, 2007, which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning.
3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light
down onto the premises and away from adjoining property. A photometric plan depicting such
lighting shall be submitted to the City of Virginia Beach for approval.
4. Any freestanding sign shall be monument style, no greater than six feet (6') in height
with a brick base matching the brick on the exterior of the Office Building.
5. Grantor shall construct a black wrought iron or substitute metal fence with brick
columns at the southwest comer of the property, which fence shall meet the requirements of
Zoning Ordinances of the City of Virginia Beach. The fence will run along the property line of
the subject property beginning at a point marking the end of the fence of the property adjoining
to the east and ending at the end of the fence of the property owner adjoining to the south.
6. Grantor shall install a Category 11 landscaping buffer running along the entire length
of the rear -property line of the subject property.
7. It is recognized that further conditions may be required during the application of City
ordinances and that there will be detailed site plan review to meet all applicable City codes,
and that further conditions may be required during the administration of applicable City
ordinances.
All references hereinabove to 0-1 District and to the requirements and regulations
applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of
the City of Virginia Beach, Virginia, in force as of the date of City Council action approving
the amendment sought by the Grantor, which is by this reference incorporated herein.
� The Grantor covenants and agrees that (1) the Zoning Administrator of the City of
Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to insure 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, the Grantor shall petition to 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 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 names of the Grantor and Grantee.
Witness the following signatures and seals.
NELIN BROTHERS, INC.
By:
President
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
1, the undersigned Notary Public in and for the Commonwealth of Virginia at
Large, do hereby certify that &Io-cr4 t46,r) President of Nelin
Brothers, Inc., a Virginia corporation, whose name is signed to the foregoing instrument,
bearing date on the Itgh day of August, 2007, has acknowledged the same before me in
the jurisdiction aforesaid and who is personally known to me.
Given under my hand this I (P+h day of 2!�v4u"+ .20 0-7.
V
;7
two,
Notary Public
My commission expires: _/- 3 / - 7z ( 0,
OFFICIAL-rEK—"
L N 0
LAONA&GOLDSTON 11
NOTAW PUSUC
113t.�Jv
COMM6W*&TH OF NrMNIA
� J�rw J
CWO FiVa. My 31 �10
ATTORNEY'S CERTIFICATE OF TITLE
The undersigned, an attorney licensed to practice law in the Commonwealth of
Virginia, has examined the records and indices maintained by the Clerk of the Circuit
Court of the City of Virginia Beach, Virginia for the real property described below and in
my opinion NELIN BROTHERS, INC., a Virginia corporation, is the owner of
marketable fee simple title, subject only to the Liens, Encumbrances, and Special
Information shown below:
A. Legal Description: All that certain lot, piece or parcel of land, with the buildings and
improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia
and known, numbered and designated as Parcel 6 as shown on that certain plat entitled,
"Subdivision of Property of Charles Carlton Hickman and Russell Lee Rainey, Princess
Anne borough, Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 248, at
pages 24 and 25. GPIN# 2414-18-3444-0000.
B Mortgages and Deeds of Trust: None.
C. Taxes and Special Assessments: Ad valorem taxes for the Subject Property are paid
through and including the second half of the 2006-2007 fiscal year.
D. Restrictive Covenants and Other Conditions Relating to the Subiect Property:
Proffer Agreement dated December 28, 2004 between Nelin Brothers, Inc., and the
City of Virginia Beach, a municipal corporation, recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach as document number 20060630000994450.
E. Other Liens, Obiections and Defects:
None
This certificate is made this 16th day of August, 2007.
Stallings & Bischoff, P.C.
By:
K6 in M. Brunick
EXHIBIT A
Legal Description: All that certain lot, piece or parcel of land, with the buildings and
improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia
and known, numbered and designated as Parcel 6 as shown on that certain plat entitled,
"Subdivision of Property of Charles Carlton Hickman and Russell Lee Rainey, Princess
Anne borough, Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 248, at
pages 24 and 25.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Chapter 16 of the City Code by Adding a New Article
Vill Thereto, RE: Workforce Housing
MEETING DATE: August 28, 2007
Background:
This ordinance, when combined with the related Comprehensive Plan
amendment and the Zoning Ordinance amendment, form the basis for the
establishment of a Workforce Housing program. This ordinance provides the
eligibility requirements, pricing standards and program procedures for a
workforce housing program, and establishes the Workforce Housing Advisory
Board.
The basic concepts that the ordinance puts into law were developed by the
Planning Commission's subcommittee on Workforce Housing, and discussed
with Council in January and February of 2007. A briefing on a prior version of the
ordinance was provided for Council on August 14 th . A briefing on this ordinance
was provided at the formal session of Council on August 21.
Considerations:
Legal: The ordinance was drafted by the City Attorney's office based on the ideas
developed by the subcommittee of the Planning commission. Financial: The
program design does not call for any appropriation necessary for program
operation. A future ordinance will be necessary to establish the Workforce
Housing Revolving fund, and that will be developed in consultation with the
appropriate staff. Program operation — Planning: Planning review of proposed
developments will be conducted as part of regular development review, using the
additional considerations of the program. Department of Housing review for
program and financial compliance will be conducted using a staff position re-
assigned to be the Workforce Housing coordinator.
If you approve the three ordinances that create the Workforce Housing program,
the effective date of program implementation is likely to be January 1, 2008. This
time period is necessary in order for the following activities to be completed:
> Development of all program forms and legal documents
> Development of and approval by Council of the agreement with the city's
designated agent for program operation
> Passage of an ordinance creating the workforce housing revolving fund
> Appointment by Council of the WFH Advisory board, and convening
meetings of the board to review and make recommendations on those
things within its purview, including proposed fees
> Hiring of the program coordinator
> Providing all staff involved in the program, in the Planning Department,
City Attorney's office, and Dept. of Housing and Neighborhood
Preservation, with the information necessary to insure effective program
operation.
While program implementation will be effective January 1, developers submitting
applications may begin doing so upon enactment of the ordinance, so that they
may be ready for staff, Planning Commission and Council review
N Public Information:
Outreach to the media resulted in a prominent article about the program, as well
as a favorable editorial, in the two weeks prior to the Council meeting. A public
input opportunity was held as part of the August 21 Council meeting. Significant
publicity about the program also occurred during Council's original consideration
of the program in January and February of this year.
Alternatives:
The ordinance is necessary if a Workforce Housing program is to be
implemented. Through adoption of this and the related Zoning Ordinance, and
the appointment of the Workforce Housing Advisory Board, staff can proceed to
develop forms, procedures and legal documents necessary for program
operation. In addition, staff can work with the Advisory Board to review and make
recommendations on additional program issues, including fees for participants.
Without this and the related ordinances, a program cannot begin operation.
0 Recommendation:
Approve the ordinance as proposed.
0 Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: RjVsffl' 4d Neighborhood Preservation
City Manager:
1 AN ORDINANCE TO AMEND CHAPTER 16 OF THE CITY
2 CODE BY ADDING A NEW ARTICLE Vill THERETO,
3 CONSISTING OF SECTIONS 16-42 THROUGH 16-58,
4 ESTABLISHING ELIGIBILITY REQUIREMENTS, PRICING
5 STANDARDS AND PROGRAM PROCEDURES
6 PERTAINING TO WORKFORCE HOUSING,
7- ESTABLISHING THE WORKFORCE HOUSING ADVISORY
8 BOARD AND PRESCRIBING THE MEMBERSHIP AND
9 DUTIES OF THE BOARD
10
11 Sections Added: City Code Sections 16-42 through 16-58
12
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15
16 That Chapter 16 (Housing and Building Maintenance) of the City Code is hereby
17 amended and reordained by the addition of a new Article Vill, consisting of Sections
18 16- 42 through 16-58, to read as follows:
19
20 ARTICLE Vill. WORKFORCE HOUSING.
21
22 Part 1. General Provisions
23
24 Sec. 16-42. Applicability.
25
26 The provisions of this Article shall apply only to the sale or rental of workforce
27 housing approved by the City Council pursuant to the provisions of Article 21 of the CitV
28 Zoning Ordinance.
29 COMMENT
30
31 The section limits the application of this Article to workforce housing specifically approved
32 as such by the City Council pursuant to Article 21 of the City Zoning Ordinance.
33
34
35 Sec. 16-43. Purpose and intent.
36
37 (a) The purpose of this Article is to Provide eligibility requirements, pricing
38 standards and program orocedures concerning initial sales, subsequent transfers and
39 rentals of workforce housing units developed pursuant to the provisions of Article 21 of
40 the City Zoning Ordinance as r)art of the City's Work -force Housing Program. It is the
41 intention of the City Council to establish such standards and procedures as a means of
42 achievinc g and neighborhoods, as stated in the "Housing
i the City's vision for housinc
43 and Neighborhoods" section of the Comprehensive Plan.
44
45 (b) The creation of developments containing workforce housing as an
46 integrated component thereof will advance the City's -goal of providing diverse, high -
47 guality and affordable housing in desirable neic - a c
Oborhoods. Allowing greater mix of
48 incomes within neighborhoods increases the affordability of housing and reduces the
49 isolation of income groups. Further, mixed -income developments are beneficial in the
50 long run because they broaden housing opportunities, increase residents' access to
51 nearby employment and provide a befter land use arrangement to accommodate
52 alternative, cost-effective transportation systems.
53
54 COMMENT
55
56 Subsection (a) states the purpose and intent of the ordinance. Subsection (b) essentially
57 restates some of the findings set forth in Article 21 of the City Zoning Ordinance concerning the
58 benefits of mixed -income developments contemplated by Article 21 and this ordinance.
59
60
61 Sec. 16-44. Definitions; explanatory material.
1:2%,
63 As used in this Article, the following terms shall have the meanings set forth in
64 this Section. Where explanato[y material is provided, such terms shall be construed in
65 a manner consistent with such material:
66
67 Affordable. Housing is generally considered affordable by a household if no
68 more than approximately thirty per cent (30%) of its annual gross income is spent on
69 direct housing costs. With respect to home ownership, such costs include mortgage
70 principal, interest, taxes and insurance, but not homeowners' association dues..
71 condominium fees, utilities or other related housing costs. With respect to rentals, such
72 costs include only rent payments and do not include utilities or other related housing
73 costs.
74
75 Annual -gross income. Income from whatever source derived and before taxes
76 and withholdings. Included in the calculation of ciross income are base salary, overtime,
77 Part-time employment, bonuses, dividends, interest, royalties, Pensions, mifita[y housing
78 allowance, Veterans Administration compensation, alimony, child support, public
P"
79 assistance, sick Pay, social security benefits, unemployment compensation, income
80 from trusts, and other income from business activities or investments.
81
82 Appreciation. The Workforce Housing Program uses a shared appreciation
83 model to recapture the workforce housing discount, plus a fixed percentage of a unit's
84 appreciation in value.
85
86 Gross Appreciation. The difference between the initial undiscounted sales
87 price of a workforce housinq unit and the undiscounted sales price of the
88 unit upon resale.
F -*K9
90 Net Appreciation. The difference between the original undiscounted sales
91 price of a workforce housina unit and its undiscounted resale price, less
92 the total amount of: (1) the original principal amount of the first mortgage
93 loan on the unit, (ii) the principal amount of the soft second deed of trust
94 note on the unit, NO closing costs actually paid by the Eligible Buyer in
95 connection with the purchase of the unit, (iv) the Eligible Buyers down
96 Payment, and (v) the appraised value of any capital improvements
97 approved bv the Director of Housina and Neiahborhood Preservation.
MQ
99 Shared Net Appreciation. The amount of the net appreciation owed to the
100 City by the purchaser of a workforce housing unit, which shall be equal to
101 the share represented by the City's investment in the ori-ginal purchase of
102 the unit in the form of the soft second deed of trust note. For example, i
103 the amount of the soft second deed of trust note equals twenty-five pe
104 cent (25%) of the original undiscounted purchase price of the unit, the
105 amount of shared net appreciation owed to the City will be twenty-five pe
106 cent (25%) of the net appreciation of the unit. The amount of the shared
107 net appreciation and principal amount of the soft second deed of trust note
108 is repaid to the City upon resale of the unit.
109
110 Area Median Income (AMO. The Area Median Income for the Virginia Beach -
111 Norfolk -Newport News, Vir-ginia Metropolitan Statistical Area (MSA) published annuglly
112 by the U.S. Department of Housing and Urban Development (HUD) and adjusted for
113 household size. Pricing of workforce housing units and end-user qualifications are
114 partially based on this published data. The initial sales price of workforce housing units
115 is based on the ratio of housing Payments relative to the AML Additionally, the end
116 user's income qualifications are based on the AMI, adiusted for household size.
117
118 City. The City of Virginia Beach or such other entity as the City Council mav
119 designate as its agent in discharging the duties and performing the acts prescribed or
120 contemplated by this Article,
121 -
122 Developer. The developer of workforce housing or other person or entity, such
123 as a homebuilder, who purchases a workforce housing unit for Purposes of resale to an
124 eligible buyer.
125
126 Director. The Director of the Department of Housing and Neighborhood
127 Preservation or his designee.
128
129 EAgible Buyer. A household whose workforce housing application has been
130 approved and who meets all the requirements of the Workforce Housing Pro -gram for
131 home ownershii). Such requirements include, among other things, the household's
132 gross annual income and financial assets. In order to qualify to purchase a workforce
133 housing unit, a household's annual gross income must generallv be between eighty per
134 cent (80%) and one hundred twenty per cent (120%) of AML
135
136 EAgible Renter. A household whose workforce housing application has been
137 approved and who meets all the requirements of the Workforce Housing Pro -gram for
138 rental housing. Such requirements include, among other things, the household's gross
139 annual income and financial assets. In order to qualify to rent a workforce housing unit,
140 a household's annual gross income must generally be between sixty per cent (60%) and
141 ninety per cent (90%) of Area Median Income.
142
143 Household. One or more persons livinq in, or intendina to live in. the same
144 dwelling unit.
WW
146 Initial sale. The original sale of a workforce housing unit to an eligible buyer.
147 The term does not include sales to persons such as homebuilders where such sales are
148 for the Purpose of resale to eligible buyers.
149
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186
Workforce Housing Pro -gram Revolvinq Fund. A fund administered bv the
Department of Housing and Neighborhood Preservation for the recapture of workforce
housing discounts, fees and shared net appreciation from the sale of workforce housincl
units. Funds are reinvested in the Workforce Housing Program for the purpose of
preserving or creating affordable housing.
Soft Second Deed of Trust. A second deed of trust securing the repayment of
the loan made by the City to an eligible buyer in the amount of the workforce housing
discount, plus the shared net appreciation of the unit. The loan secured by a soft
second deed of trust carries a zero percent interest rate, requires no monthly Payments,
is subordinate only to the Purchase money first deed of trust, and is due and Payable
from the proceeds of the resale or transfer of the workforce housing unit.
Workforce Housing or Workforce Housing Unit. Dwellings or dwellinci units,
whether single-family dwellings, duplexes, semi-detached dwellings, townhouses or
multiple -family dwelling units, approved by the City Council pursuant to Article 21 of the
City Zoning Ordinance. Such housing is generally affordable to households with
working members who live or work in the City of Virginia Beach. With respect to home
ownership of workforce housing, it includes housing that is priced to be affordable to
households with gross annual incomes between eighty per cent (80%) and one hundred
twenty per cent (120%) of Area Median Income, adousted for household size. With
respect to rentals of workforce housing, it includes housing that is priced to be
affordable to households with annual incomes between sixty per cent (60%) and ninet
(90%) of Area Median Income.
Workforce Housinq Application — An application submifted to the City that
provides the necessary information to determine if a household qualifies for the
Workforce Housing Program. Participation in the program is contingent upon approval
of this application.
Workforce Housing Discount The difference in sales price between the fair
market value of a workforce housing unit and the reduced sales price necessary to
make such unit affordable to a household at a targeted income level.
187 COMMENT
188
189 The section contains definitions of terms used in the ordinance, as well as explanatory
190 material concerning those definitions.
191
192
193 Part 2. Sale and Ownership of Workforce Housing -
194
195' Sec. 16-45. Initial sales of workforce housina units.
196'
197 (a) The City shall have the right to purchase workforce housing units offered
198 for initial sale as follows:
199
200 (1) The City shall have an exclusive right to -purchase any workforce
201 housing unit, not to exceed a total of one-third of the workforce
202 housing units for sale within a development, by so notifyinq the
203 developer of the unit within thirty (30) days from the date on which
204 the City is notified that the workforce housing unit is available for
205 initial sale. If the City does not timely exercise its right to purchase
206 the unit, it may be sold to an eligible buyer.
207
208 (2) Any workforce housing unit the City has not elected to Purchase
209 shall be offered for sale exclusively to efictible buyers for a period of
210 sixty (60) days from the date on which the City's right to purchase
211 the unit expires. Upon the expiration of such time, any such unit
212 not sold to the City or to an eligible buyer may be offered for sale
213 without restriction, provided, that when such a unit is sold, the
214 developer shall Pay to the City the difference between actual sales
215 price and the price as reduced by the workforce housing discount.
216
217 (b) The procedure for initial sales of workforce housing units purchased by an
218 eligible buyer shall be as follows:
219
220 (1) A developer desiring to enter into a contract with an eligible buyer
221 to sell a specific workforce housing unit for initial sale shall so noti
222 the City, which shall verify the eligible buyer's continued eligibilit
223 under Section 16-46.
224
9
225
(2) In the event the eligible buyer continues to meet such
226
requirements, the developer and City shall enter into a real estate
227
sales contract pursuant to which the developer agrees to sell the
228
unit to the City at a price incorporating the workforce hou�i�n
229
discount. The City shall assign to the eligible buyer its rights under
230
the contract and shall receive a promissory note, secured by a soft
231
second deed of trust from the eligible buyer, in the amount of the
232
workforce housing discount.
233
234
The assignment shall further provide that: (i) such loan, plus the
235
shared appreciation of the unit, shall be repaid to the City upon
236
resale of the unit and that such obligation shall be secured by a soft
237
second deed of trust; and (2) that the City shall have the right to
238
repurchase the unit upon resale, or to assign such right to an
239
eligible buyer, in accordance with the provisions of Section 16-49.
O-z"It,
241 COMMENT
242.
243 Subsection (a) establishes the City's (or its designated agent's) exclusive right to purchase
244 up to one-third of the workforce housing units in a development and provides limitations on that
245 right.
246
247 Subsection (b) sets forth the procedures for initial sales of workforce housing units.
248
249 Sec. 16-46. Eliqibility requirements for buyers of workforce housing units
250
251 (a) In order to be deemed an eligible buyer of a workforce housing unit, a
252 household shall meet the following criteria:
253
254 (1) At least one adult, non-dependent member of the household to be
255 shown on the deed of trust note as a borrower or other obligor
256 shall, at the time of application to the Workforce Housing Pro
-gram
257 live or work full-time in the City of Virginia Beach, or must have a
258 bona fide offer of full-time employment within the City of ViEginia
259 Beach commencing within three (3) months of the time of
260 application -
261
M
262 (2) No member of the household shall own or have a controlling
263 interest in any other real property;
264
265 (3) The household's combined annual gross income shall, at the time
266 of application, be between eighty per cent (80%) and one hundred
267 twenty per cent (120%) of Area Median Income, adiusted for
268. household size; and
269
270 (4) The net worth of the household shall not exceed fifty per cent (50%)
271 of the sales price of the workforce housing unit being financed. The
272 following items shall not be included in determining the net worth of
273 a household:
274
275 A. The present value of insurance policies, retirement plans
276 furniture or household goods;
277
278 B. The portion of the household's liquid assets used for the
279 down Payment and to Pay closing costs, up to a maximum of
280 twenty-five per cent (25%) of the purchase price; and
281
282 C. Any income-producing assets needed as a source of income
283 to meet the minimum qualifying requirements for eligible
284 buyer status.
285
286 (b) A household shall, in addition to the foregoing requirement, qualify for a
287 mortgage loan from a mortgage lender acceptable to the City. The City may deny
288 eligible buyer status to any household if it determines that such mortgage loan contains
289 deceptive, predato[y or abusive terms.
290
291 (c) Once determined to be an eligible buyer, a household must continue to
292 meet the requirements of subsection (a) through the time of settlement. A household
293 shall be reauired to certifv its continued aualification as an eliaible buver at settlement
294 and at any prior time recluested by the City.
295
A
296 (d) Workforce housing units shall be made available by the City for purchase
297 onIv bv elidble bu ers who have qualified for a mortgage loan in accordance with
298 subsection (b).
299
300 COMMENT
301
302 The section sets forth the eligibility requirements for qualification of a household as an
303- "eligible buyer." Only eligible buyers who have qualified for a mortgage loan may purchase
29
304 workforce housing units offered under the City's program.
305
306 Sec. 16-47. Workforce housing
pricing
QIYA
308 (a) Workforce housing shall be priced so as to be affordable for purchase by a
309 household with a _gross annual income between eighty per cent (80%) and one hundred
310 twenty per cent (120%) of Area Median Income, adiusted for household size. Semi -
311 annually, the Workforce Housing Advisory Board shall recommend, and the City Council
312 shall establish, maximum sales prices for workforce housing units based upon current
313 Area Median Income, prevailing mortgage interest rates in the area, real estate tax
314 rates, homeowner's insurance rates, housing ratios, and the size of tal�qeted
315 households. In determining whether to grant approval pursuant to Article 21 of the City
316 Zoning Ordinance to a proposed development that includes workforce housing, the City
317 Council shall determine whether the proposed pricing of the workforce housing within
318 such development meets the reguirements of this section.
319
320 (b) The Department of Housing and Neiahborhood Preservation shall make
321 available to prospective developers of workforce housing a spreadsheet planning tool to
322 assist in determining if a specific development meets the requirements of this section.
323
324 COMMENT
325
326 The section requires that workforce housing be priced at a level that is deemed affordable
327 to households within the income guidelines set forth in subsection (a). The maximum sales price is
328 determined by the City Council semi-annually after the Workforce Housing Advisory Board
329 provides its recommendation. The section also requires that the City Council approve the
330 affordability level of the workforce housing at the time it approves the proposed development
331 under Article 21 of the City Zoning Ordinance.
332
333
334
335
9
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
Sec. 16-48. Workforce housing- discount.
(a) All initial sales of workforce housing units shall be at a price that
incorporates a workforce housing discount, as defined in Section 16-44. The workforce
housing discount shall be sufficient to bring a workforce housing unit's sales Pdce within
a price rancie that is affordable to households with annual gross incomes between
eighty per cent (80%) and one hundred twenty per cent (120%) of Area Median Income,
adiusted for household size The actual amount of the workforce housing discount
applicable to a specific workforce housing unit shall be subeect to the approval of the
City Council.
(b) The baseline amount of the workforce housing discount shall be twenty-
five per cent (25%) of the undiscounted sales price; provided, however, that if the
undiscounted sales price of a workforce housing unit is affordable by a household with a
gross annual income between eighty per cent (80%) and one hundred twenty per cent
(120%) of Area Median Income, adiusted for household size, the required workforce
housing discount may be less than twenty-five per cent (25%). The chart below
illustrates the required discount applied to a WFH Unit given the affordability of an
equivalent market rate unit:
Affordability Range of Market
Units (as a Percent of AMI)
Required Workforce
Housing Discount
From
To
0% 80%
1%
81% 90%
5%
91% 100%
10%
101% 110%
20%
ill% 120%
25%
COMMENT
The section details the pricing of workforce housing units with the workforce housing
discount applied. The baseline workforce housing discount is 25%; the actual such discount,
however, may be lower under the circumstances set forth in subsection (b).
10
368 Sec. 16-49. Resale of workforce housing units.
369
370 (a) Prior to offerinq a workforce housing unit for resale, the owner shall noti
371 the City of the owner's intent to sell the unit. The City shall notify the unit owner of its
372 intention to purchase the unit within thirty (30) days from the date on which the owner's
373 notice of intent to sell was received by the City. In the event the City determines to
374. purchase the unit upon resale, it shall have the right to assign the contract to an eligible
375 buyer.
376
377 (b) The City shall tender to the unit owner an offer to purchase such unit at its
378 fair market value. The fair market value shall be determined by the average of two
379 appraisals of such unit based on the sales prices of comparable properties that have
380 recently sold. Such appraisals shall be Performed by licensed Virginia real estate
381 appraisers selected by the City.
382
383 (c) In the event the City decides not to purchase or assi-qn its riciht to
384 purchase the unit, it shall so notify the owner in wdtin-q, who shall thereafter have the
385 right to sell the unit to any other person or entity.
386
387 (d) In the event the City purchases or assigns its right to purchase a
388 workforce housing unit from the owner of such unit, it shall make such unit available for
389 sale to another eligible buyer for a period of at least ninety (90) days. The City shall
390 notify the eligible buyers on its prescreened list of the availability of the unit.
391
392 (e) In the event an eligible buyer enters into a contract to purchase the unit
393 within the ninety (90) - day period, the City shall determine whether such eligible buyer
394 continues to so qualify. If such eligible buyer continues to meet the elig-ibility
395 requirements of Section 16-46, the owner of the unit shall enter into a contract with the
396 City and, if applicable, the City's assignee, to purchase the unit at the fair market value
397 thereof, as determined pursuant to subsection (b). The contract shall further provi,,Aj --
398 that: (i) the amount of the workforce housing discount, plus the shared net appreciation
399 of the unit, shall be repaid to the City upon resale of the unit-, and 2) that the City shall
400 have the right to repurchase the unit, or to assign such right to an eligible buyer, in
401 accordance with the provisions of this section.
402
11
403 (f) At seftlement, the principal amount of the outstanding soft second deed of
404 trust note, plus the shared net appreciation of the unit, as defined in Section 16-44, shall
405 be repaid to the City from the proceeds of the resale of the unit. All such monies shall
406 be deposited into the Workforce Housing Revolvinq Fund.
407
408 The City shall finance a portion of the purchase price equal to the amount of the
409 - new workforce housing discount by means of a note secured by soft second deed of
410 trust. The new workforce housing discount shall be the same percentage of the
411 undiscounted purchase rice of the unit as the percentage of the initial workforce
412 housing discount.
413
414 COMMENT
415
416 The section sets forth the procedures for initial sales of workforce housing units. An owner
417 of a workforce housing unit must allow the City a period of thirty (30) days in which to notify the
418 unit's owner that it will repurchase the property. Such repurchases are at fair market value based
419 on an appraisal. The City may also choose to assign its right to purchase to another eligible buyer.
420 In any case, principal amount of the soft second mortgage loan, plus the shared net appreciation
421 (defined in Section 16-44), must be repaid to the City
422
423
424 Sec. 16-50. Restrictions on refinancing, etc. of workforce housing- units.
425
426 (a) No owner of a workforce housing unit shall:
427
428
(1) Refinance such unit or encumber the unit with any other mortga-ge loan,
429
home equity loan or similar instrument without the prior written approval of
430
the Director. Such approval shall be requested no later than thirty (30)
431
days prior to the date of seftlement of the proposed refinancing or loan.
432
The owner or prospective lender shall provide any information required by
433
the Director, including, but not limited to, an appraisal of the unit
434
performed by a licensed Virginia real estate appraiser and based on the
435
sales prices of comparable properties that have recently sold. Such
436
appraisal shall be sub*ect to the approval of the Director. In addition, the
437
owner or prospective lender shall be charged a reasonable transaction fee
438
to cover the administrative expenses associated with processing the
439
request;
MKI
12
441 (2) Repay the soft second mortgage loan until the unit is resold by the owner;
442 or
443
444 (3) Refinance such unit with a loan having a total loan -to -value ratio greater
445 than the owner's proportional share of the initial purchase price. The loan -
446 to -value ratio is the ratio of the fair market value of the unit to the principal
447- amount of the refinancing loan.
448
449 (b) The soft second deed of trust shall not be subordinated to any other
450 mortgage or encumbrance, except a valid purchase money first deed of trust recorded
451 against the Property.
452
453 COMMENT
454
455 The section places limitations on refinancing workforce housing units and using such units
456 as security for other loans, such as third mortgage loans and home equity loans.
457
458 Part 3. Rental of Workforce Housing.
459
460 Sec. 16-51. Elic
Obilitv requirements for renters of workforce housing units;
461 verification.
462
463 (a) In order to be deemed an eligible to rent a workforce housing unit, a
464 household shall meet the followinq criteria:
r'P
OR
466 At least one adult, non-dependent member of the household
467 occupying the unit shall, at the time of application to the Workforce
468 Housing Program, live or work full-time in the City of Vir-ginia
469 Beach, or must have a bona fide offer of full-time employment
470 within the City of Virginia Beach commencing within three (3)
471 months of the time of application;
472
473 (2) No member of the household shall own or have a controlling
474 interest in any other real Property-,
475
13
476 (3) The household's gross annual income shall, at the time of
477 application, be between sixty per cent (60%) and ninety per cent
478 (90%) of Area Median Income, adiusted for household size; and
479
480 (4) The net worth of the household shall not exceed fifty per cent (50%)
481 of the total of rent payments for a period of twelve (12) months. The
482- following items shall not be included in determining the net worth of
483 a household:
484
485 A. The present value of insurance policies, retirement plans,
486 furniture or household goods; and
487
488 B. Any income-producing assets needed as a source of income
489 to meet the minimum qualifying requirements for eligible
490 renter status.
491
492 (b) Before a household may enter into a rental agreement for a workforce
493 housing unit, the Property owner or manager of the unit shall verify that such household
494 meets the foregoing eligibility requirements. All property owners or managers of
495 workforce housing units for rent shall maintain a list of households it has screened and
496 determined to be eligibie renters.
497
498 (c) Property owners or managers shall also maintain documentation on each
499 household currently occupying a workforce housinct-unit for rent. At a minimum, such
500 documentation shall include:
501
502 (1) Verification of residency or work requirements for eligibilily
503 purposes;
504
505 (2) Composition of the household, and
506
507 (3) Annual gross income for the household and each of the household
508 members whose income is included in determining eligibility.
509
510 (d) Property owners or managers shall ensure that all persons living in a
511 workforce housinq rental unit are listed on the rental agreement. It shall be a condition
14
512 of the rental agreement for any such unit that the City may inspect the records of the
513 property owner or manager to ensure compliance with eligibility requirements and may,
514 at reasonable times, enter any workforce housing rental unit to verify that it is occupied
515 by an eligible renter.
516
517 (e) Property owners or managers shall, upon renewal of a rental a-greement,
518 but no less often than annually, verify that the occupants of a workforce housing unit for
519 rent continue to meet applicable eligibility standards.
520
521 (f) If a Property owner or manager determines that a household occupying a
522 workforce housing unit for rent no longer meets applicable eligibility requirements, such
523 Property owner or manager shall:
524
525 (1) Require the household to vacate the unit upon the expiration of the
526 current rental agreement; o
527
528 (2) Allow the household to continue to occupy the unit upon expiration
529 of the current rental agreement at the market-based rental price
530 and make the next comparable market-based rental unit available
531 to an eligible renter at a rental price deemed affordable under the
532 standards prescribed in this Article.
533
534 The household shall be removed from the list of eligible renters and shall not
535 thereafter be eligible to rent a workforce housing unit for such period of time as
536 applicable the household meets applicable eligibility reguirements.
537
538 COMMENT
539
540 Subsection (a) sets forth the eligibility requirements for renters of workforce housing units.
541 Subsection (b) requires property managers or owners of workforce housing rental units to verify
542 eligibility of prospective renters and to maintain a list of eligible renters. Subsections (c), (d) and
543 (e) prescribe procedures for verifying that renters continue to meet applicable eligibility
544 requirements during the term of the lease. Subsection (f) requires that eligible renters who no
545 longer meet eligibility requirement shall vacate the rented unit upon expiration of the term of the
546 rental agreement or that a market -rate unit be converted to a workforce housing rental unit.
547
548
549
550
551
15
552 Sec. 16-52. Rental Property compliance agreement.
553
554 (a) A property owner desiring to rent property under the Workforce Hou�jm
555 Program shall enter into a compliance aareement with the City. The terms of such
556 agreement shall be prescribed by the City and shall set forth the terms and conditions of
557 the owner's participation in the Workforce Housing Pro -gram, including, but not limited
558 to, occupancy and rent requirements, including maximum rents, means of preserving
559 the long-term affordability of workforce housing rental units, and such other terms and
560 conditions as are, in the iudgment of the Director, reasonable and necessary to ensure
561 compliance with applicable provisions of this Article and the goals of the Workforce
562 Housing Program. All workforce housing rental units shall be rented in conformity with
563 the income and rent limitations specified in the compliance agreement for a period of
564 not less than fifty (50) years.
565
566 (b) Property owners or managers shall, upon request of the Director, provide
567 a copy of their most current tenant selection Policy or criteria.
568
569 (c) Any material failure to comply with the terms of an compliance agreement
570 shall subiect the owner to a liquidated damages Penalty in the amount of Fifty Dollars
571 ($50.00) per unit for each day such noncompliance continues, unless the Director
572 waives such penalty, in whole or in part, based upon his determination that the owner
573 has taken timely corrective action to cure such noncompliance. Liguidated damages
574 collected by the City shall be deposited into the Second Mortgage Revolving Fund.
575
576 COMMENT
577
578 The section requires property owners renting workforce housing units to enter into an
579 agreement with the City setting forth the terms and conditions of the owner's participation in the
580 Workforce Housing Program. A liquidated damages penalty for material failure to comply is
581 included.
582
583 Sec. 16-53. Rental procedures.
584
585 (a) Workforce housing units shall be rented only to households who meet the
586 eligibility standards set forth in Section 16-51.
587
16
588 (b) A developer building workforce housinci units for rental Purposes shall
589 notify the Director no later than forty-five (45) days prior to the units being ready for
590 initial occupancy. In the notification the developer shall supply the following information:
591
592 (1) The name of the development and its location�
593
594- (2) Number of units by type of unit;
595
596 (3) The size of units in square feet;
597
598 (4) The number of bedrooms and bathrooms in each unit;
599
600 (5) The market rental rates of each unit:
601
602 (6) The actual rates at which such units will be rented as workforce
603 housing units; and
604
605 (7) Contact information for interested households.
606
607 In addition, the owner or manager of a workforce housing rental unit shall notify
608 the Director within three (3) working days of such unit becoming available for rent. The
609 City shall maintain on its web site a comprehensive listing of all properties with available
610 workforce housing units for rent.
611
612 (c) Any household desiring to rent a workforce housing rental unit shall submit
613 to the property manager or manager an application for determination of its eligibility to
614 rent a workforce housing unit. Such application shall contain such information
615 concerning the residency, employment, gross income and net worth for each member of
616 the household as may be necessary to determine the eligibility of such household. The
617 Property owner or his designee shall determine the eligibility of the household and shall
618 Promptly notify the Director of its determination.
619
620 (d) A household that meets all of the eligibility requirements set forth in
621 Section 16-51 shall be deemed an eligible renter and shall be placed on a waiting list for
622 a workforce housing rental unit at the development. at which the household has made
623 application for a rental unit. At such time as a workforce housing rental unit becomes
i VA
624 available at the development, the Property owner or manager shall so notify the eligible
625 renters on its waiting list, if any. The property owner or manager may review all tenant
626 applications and make tenant selections based on any lawful tenant selection policy.
627
628 (e) The City shall make available to the general public information concerning
629 the location of workforce housing rental units and such other information as may assist
630 prospective renters in seeking available workforce housing rental units.
631
632
633 COMMENT
634
635 The section sets forth the procedures for rentals of workforce housing units.
636
637 Part 4. Additional Provisions
638
639 Sec. 16-54. Workforce Housing Advisory Board established; membership, duties.
640
641 (a) Established. The Workforce Housing Advisory Board is hereb
642 established.
643
644 (b) Term. There shall be ten (10) members of the Board, who shall be
645 appointed by the City Council for terms of four (4) years; Provided, however, that the
646 initial terms of two (2) members shall be one (1) year, the initial terms of three (3)
647 members shall be two (2) vears. and the initial terms of three (3) members shall be
648 three (3) ears.
649
650 (c) Membership. Two (2) members, both of whom shall have extensive
651 experience in practice in the City of Vi[ginia Beach, shall be either land planners or civil
652 engineers or architects licensed by the Virginia Board for Architects, Professional
653 Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects-, one
654 (1) member shall be a real estate salesperson or broker licensed by the Virginia Real
655 Estate Board, one (1) member shall be a representative of a lendinci institution that
656 finances residential development in the City of Virginia Beach; one (1) member shall be
657 a member of the City Council; one (1) member shall be a builder with extensive
658 experience in the construction of single-family detached and attached dwelling units;
659 one (1) member shall be builder with extensive experience in the construction of
660 multiple -family dwelling units; one (1) member shall be a current employee of the
661 Department of Public Works or Department of Planning; one (1) member shall be a
im
662 representative of a nonprofit housing or-ganization which provides services in the City of
663 Virginia Beach; and one (1) member shall be a citizen of the City.
664
665 (d) Duties. It shall be the duty of the Board to:
666
667 (1) Make recommendations to the City Council concerning the sales
668- and rental prices of workforce housing units. Such prices shall be
669 based on the Area Median Income, as defined in Section 16-44,
670 and shall be adiusted semi-annually;
671
672 (2) Advise the City Council on all aspects of the City's Workforce
673 Housing Program, including recommendations for modifications of
674 the requirements of the Program; and
675
676 (3) Report annually to the City Council on the production of workforce
677 housing units, Participation in the Workforce Housing Program,
678 and achievement of Program goals.
679
680 COMMENT
681
682 The section sets forth the membership, term and duties of the Workforce Housing Advisory
683 Board. The Board, which acts in an entirely advisory capacity, makes recommendations to the City
684 Council concerning the sales and rental prices of workforce housing units and all other aspects of
685 the Workforce Housing Program, including modifications thereof. The Board is also required to
686 report annually to the City Council.
687
688 Sec. 16-55. Director and designated agent to establish wriften rules and
689 guidelines; legal instruments.
690
691 (a) The Director and designated agent of the City shall establish wriften rules
692 and guidelines supplementing, and in conformity with, the provisions of this Article.
693 Such rules and -guidelines shall provide for, among other things, allocation of
694 responsibilities, sharing of information, coordination of activities and procedural
695 protocols for administering the Workforce Housin ram. Such rules and guidelines
-q Prog
696 shall be submect to the approval of the City Council.
697
698 (b) Any legal instrument used in connection with the purchase, sale or rental
699 of a workforce housing unit shall contain adequate provisions to ensure the eligible
19
700
701
702
703
704
705
706
707
708
709
710
711
712
713
714
715
716
717
718
719
720
721
722
buyer's or eligible renter's compliance with the applicable provisions of this Article.
Such provisions shall be approved by the City Attorney.
COMMENT
The section requires the Director of Housing and Neighborhood Preservation and the City's
designated agent to establish written rules and guidelines concerning the administration of the
Workforce Housing Program. The rules and guidelines are subject to the City Council's approval.
In addition, it requires all legal instruments used in the program (mortgage loans, deeds of trust,
etc) to contain adequate provisions, approved by the City Attorney, to ensure that the eligible buyer
or eligible renter complies with the provisions of this Article.
Sec. 16-56. Violations.
(a) The following tables list certain violations of the Workforce Housinq
("WFH") Program reguirements and the penalties for their violation. Where more than
one I) enalty is prescribed, they shall be deemed cumulative, such that any or all
applicable Penalties may be imposed:
Table 1 (sale/ownership of workforce housina units):
Program Violation - I
Penalties
Falsification. of eligibility requirements
Permanent ineligibility for the WFH Program.
Must sell WFH unit to the City.
Immediate payment of the City's share of net
appreciation on the WFH unit at resale.
Immediate repayment of the soft second
mortgage.
Failure to occupy WFH unit as primary
Immediately reoccupy WFH Unit.
If unable to reoccupy unit, the following
residence
penalties apply:
1. Permanent ineligibility for the WFH
Program.
2. Owner must sell WFH Unit to the City.
3. Immediate payment of the Citys share of
net appreciation on the WFH unit at resale.
4. Immediate repayment of the soft second
mortgage.
Failure to comply with all City
Immediate correction of code violation.
regulations for property maintenance
If unable to correct code violations in prescribed
time period, the following penalties apply:
1. Permanent loss of eligibility for the WFH
Program.
20
723
724
725 Table 2 (rentals of workforce housinci units):
726
727
Program Violation
2. Must sell WFH unit to the City.
Falsification of eligibility requirements
3. Immediate payment of the City's share of
such as income, residency, employment
net appreciation on the WFH unit at resale.
4. Immediate repayment of soft second
Must move from the units within 60 days from
unit, etc.
mortgage.
Failure to comply with refinancing and
home equity loan requirements of WFH
Program
Permanent ineligibility for the WFH Program.
-
Owner must sell WFH unit to the City.
Immediate payment of the City's share of net
appreciation on the WFH unit at resale.
Immediate repayment of soft second mortgage.
Immediately reoccupy WFH Unit.
Failure to offer the City first right to
purchase when desiring to sell WFH
unit
Immediate payment of the City's share of net
appreciation on the WFH unit at resale.
Immediate repayment of soft second mortgage.
Further legal action as deemed appropriate by
1. Permanent loss of eligibility for the WFH
the City.
End-user enters into a lease -to-
Owner must sell WFH unit to the City.
purchase agreement for the WFH unit
Immediate payment of the City's share of net
3. Required to pay market rate rent on unit
appreciation on the WFH unit at resale.
Immediate repayment of soft second mortgage.
723
724
725 Table 2 (rentals of workforce housinci units):
726
727
Program Violation
Penalties
Falsification of eligibility requirements
Permanent loss of eligibility for the WFH
such as income, residency, employment
Program.
or persons who will be occupying the
Must move from the units within 60 days from
unit, etc.
date of written notice of being in violation of
program
Must pay market rate rent on the unit until the
unit is vacated
Failure to occupy WFH Unit as primary
Immediately reoccupy WFH Unit.
residence
If unable to reoccupy unit, the following
penalties apply:
1. Permanent loss of eligibility for the WFH
Program.
2. Must move from the unit within 60 days.
3. Required to pay market rate rent on unit
after receiving notice of violation until unit is
vacated
Failure to list all persons living in the
1. Permanent loss of eligibility for the WFH
household on lease; allowing person or
Program.
persons not listed on lease to move in
after lease is signed
2. Must move from the WFH Unit.
3.Required to pay market rate rent until
household is in compliance or moves from the
unit.
4. Unauthorized persons must immediately
21
Imove from WFH unit.
728
729 (b) In the event the Director determines that there is reasonable cause to
730 believe that a violation has occurred, he shall so notify the elig-ible buyer or eii-gible
731 renter who has allegedly committed the violation. Such notice shall be by certified mail
732 to the last know address of the eligible buyer or eligible renter and shall specify the
733 nature of the alleged violation and the facts supporting the Director's determination.
734 The eligible buyer or renter shall have ten (10) days from the date of mailing of the
735 notice in which to request a hearing before the City Manager or his designee, who shall
736 not be the Director.
737
738 (c) The City Manager or his designee shall hold the hearing on the earliest
739 practicable date but in no event later than fifteen (15) days from the date the request for
740 a hearing is received. Both the Director and the alleged violator shall be entitled to
741 present witnesses and other evidence in his or her behalf.
742
743 (d) The City Manager or his designee shall issue a written decision within five
744 (5) working days of the hearing - ible buyer or
and shall mail such decision to the elig
745 eligible renter by certified mail no later then the following working day. Such decision
746 shall contain a finding that the eligible buyer or eligible renter has committed the alleged
747 violations, or any of them, or that no violations have been committed. In the event he
748 finds that one of more of the alleged violations have been committed by the eligible
749 buver or eliable renter, the penaltv or penalties prescribed in the chart in subsection (a)
750 shall apply.
751
752 (e) An adverse decision may be appealed to the Circuit Court by an eligible
753 buyer or eligible renter within fifteen (15) days of the date of the decision. No such
754 appeal shall stay the imposition of any Penalty except by order of the Circuit Court in an
755 appropriate case.
756
757 COMMENT
758
759 Subsections (a) and (b) contain chart showing violations and the corresponding penalties.
760 The fisted penalties are not exclusive, such that any or all of them may be applied to the
761 corresponding violation. The remainder of the section specifies the procedures for the handling of
762 violations.
763
764
22
765
766
767
768
769
770
771
772
773
774
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799
800
801
802
803
804
805
806
Sec. 16-57. Application, etc. fees.
The City shall charge a reasonable application fee and such other ordinary and
customary fees in the real estate indust[y as are reasonable and necessa[y to cover the
costs of the service for which the fee is charged. The amount of such fees shall be
determined by the City Council upon recommendation of the Workforce Housing
Advisory Board.
COMMENT
The section requires the City to charge reasonable application and other ordinary and
customary fees in the real estate industry to cover the cost of providing the service for which the fee
is charged. The Workforce Housing Advisory Board is to recommend the amount of such fees and
the City Council is to finally determine their amounts.
Sec. 16-58. Severability.
The provisions of this Article are severable, and in the event one or more such
provisions are determined invalid or unenforceable by a court of competent jurisdiction,
the remaining provisions of this Article shall be unaffected by such determination and
shall continue in full force and effect.
COMMENT
The section contains a severability clause stating that any judicial determination that one or
more of the provisions of this ordinance are invalid or unenforceable shall not affect the remaining
provisions, which shall remain in effect.
CA -1 0475
August 22, 2007
R-9
APPROVED AS TO CONTENT
&�� I I niiv�G
DepVof HcZsi 16, Ne' ighborhood
Preservation
APPROVED AS TO LEGAL SUFFICIENCY:
A 4% xg
City Attorney's Office
23
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to amend the Comprehensive Plan by revising Chapter 1
(introduction and General Strategy), Chapter10 (Housing and
Neighborhoods), and the Appendix of the Policy Document by
incorporating Location Guidelines for Workforce Housing.
MEETING DATE: August 28, 2007
E Background:
On September 14, 2005, the City Council passed a resolution directing the
Planning Commission to study the issue of Affordable and Workforce Housing,
with a particular focus on the following:
1 . Increasing the overall supply of workforce and affordable housing by
encouraging increased density and mixed-use development in the
Strategic Growth Areas not affected by the AICUZ zones;
2. Increasing the production of housing affordable to the workforce as part of
new housing development; and
3. Helping to preserve the character and value of neighborhoods and
housing and assist in their preservation and enhancement.
In January 2007, after a delay resulting from the BRAC order, a Planning
Commission sub -committee pursued extensive work with City staff, property
owners, developers, residential builders, and others with an interest in affordable
workforce housing, the Planning Commission presented their findings and
recommendations to the City Council. As requested by the 2005 resolution, a
report was prepared providing recommendations on each of the items listed
above.
0 Considerations:
The attached amendments to the Comprehensive Plan extract from the January
2007 report the principal observations and recommendations made by the
Planning Commission, establishing policy statements and guidelines pertaining
to the development of affordable Workforce Housing. The amendments consist of
the following:
The deletion of a sentence from Chapter One of the Plan that could be
considered as not being supportive of the City's goals directed at providing
affordable Workforce Housing;
CITY OF VIRGINIA BEACH — WORKFORCE HOUSING
COMPREHENSIVE PLAN AMENDMENT
Page 2 of 2
• Revisions to Chapter Ten (Housing and Neighborhoods) of the Plan
presenting the findings and recommendations of the Planning Commission
pertaining to providing affordable Workforce Housing; and
• Addition to the Appendix of the Plan of the Design Guidelines for
Workforce Housing.
Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request.
Attachments:
Ordinance Amending the Comprehensive Plan
Staff Review
Comprehensive Plan Amendment
Planning Commission Minutes
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department(Agency: Planning Department
City Manager�,— �4�, , %,
CITY OF VIRGINIA BEACH
AMENDMENT TO COMPREHENSIVE
PLAN — WORKFORCE HOUSING
Agenda Item 11
June 13, 2007 Public Hearing
REQUEST:
An Ordinance to amend the Comprehensive Plan by revising Chapter 1 (introduction and General
Strategy), Chapter10 (Housing and Neighborhoods), and the Appendix of the Policy Document by
incorporating Location Guidelines for Workforce Housing.
SUMMARY OF AMENDMENT
On September 14, 2005, the City Council passed a resolution directing the Planning Commission to study
the issue of Affordable and Workforce Housing, with a particular focus on the following:
1 . Increasing the overall supply of workforce and affordable housing by encouraging increased
density and mixed-use development in the Strategic Growth Areas not affected by the AICUZ
zones;
2. Increasing the production of housing affordable to the workforce as part of new housing
development; and
3. Helping to preserve the character and value of neighborhoods and housing and assist in their
preservation and enhancement.
In January 2007, after a delay resulting from the BRAC order, a Planning Commission sub -committee
pursued extensive work with City staff, property owners, developers, residential builders, and others with
an interest in affordable workforce housing, the Planning Commission presented their findings and
recommendations to the City Council. As requested by the 2005 resolution, a report was prepared
providing recommendations on each of the items listed above.
The attached amendments to the Comprehensive Plan extract from that report the principal observations
and recommendations made by the Planning Commission, establishing policy statements and guidelines
pertaining to the development of affordable Workforce Housing. The amendments consist of the following:
The deletion of a sentence from Chapter One of the Plan that could be considered as not being
supportive of the City's goals directed at providing affordable Workforce Housing;
Revisions to Chapter Ten (Housing and Neighborhoods) of the Plan presenting the findings and
recommendations of the Planning Commission pertaining to providing affordable Workforce
Housing; and
Addition to the Appendix of the Plan of the Design Guidelines for Workforce Housing.
CITY OF VIRGINIA BEACH
COMPREHENSIVE PLAN — WORKFORCE HOUSING
Agenda Item # 11
Page 1
RECOMMENDATION
The proposed amendments provide rationale, policy guidance, and design guidelines related to
increasing the supply of quality, affordable Workforce Housing in Virginia Beach. The amendments both
refine and implement recommendations of the Comprehensive Plan as adopted in 2003 pertaining to
Workforce Housing. Staff, therefore, recommends approval of the amendments.
CITY OF VIRGINIA BEACH
COMPREHENSIVE PLAN —WORKFORCE HOUSING
Agenda Item # 11
Page 2
1 AN ORDINANCE TO AMEND THE
2 COMPREHENSIVE PLAN BY THE INCLUSION
3 OF AMENDMENTS PERTAINING TO
4 WORKFORCE HOUSING
5
6 WHEREAS, on June 13, 2007, the Planning Commission held a public hearing
7 concerning the amendment of the Comprehensive Plan (the "Plan") to include provisions
8 pertaining to workforce housing, as set forth in the attached Exhibit 1, and at the
9 conclusion of such public hearing, recommended that the Plan be so amended, and
10
11 WHEREAS, the public necessity, convenience, general welfare and good zoning
12 practice so require;
13
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16
17 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is,
18 amended and reordained to incorporate the amendments set forth in the attached Exhibit
19 1
20
21 COMMENT
22
23 The ordinance amends the Comprehensive Plan to include provisions pertaining to workforce
24 housing.
25
26 Adopted by the Council of the City of Virginia Beach on this day of
27 2007.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Ilk,
Planning r partment City Attorney's Office
CA 10464
R-2
July 19, 2007
An Amendment to the Comprehensive Plan
Pertaining to
Workforce Housing
June 13, 2007
The following are amendments to the Comprehensive Plan (as adopted by the City Council on
December 2, 2003 and as last amended on October 24, 2006) pertaining to the provision of
Workforce Housing in the City of Virginia Beach. Text to be added is underlined. Text to be
deleted is struck through with a single line across the words.
Page 29 (bottom) and Page 30 (top)
When this concept is viewed from the vantage point of the theme of generational continuity, it is
clear that we must have healthy neighborhoods within each element of the spectrum of housing
cost. We must view our housing stock as a continuum along which people may progress
according to their means and stage in life. Thus it follows that we must have reasonably -priced
housing in the city that young people can purchase as they begin their careers in the Virginia
Beach labor market. Such housing must be viewed as providing an opportunity to get started as
a homeowner in our city. Affordable housing provides a vital link in the picture of generational
continuity. But for those who aspire to move along that continuum, this housing must not only be
affordable to buy, but affordable to sell. The reality is that we have an eveFsupply of sweh
heusing iR euF eity. The Fnaj9F*ty ef the Gity's housiRg Gede eRfqFeement effeFts aFe Fequ*Fed te
be d*-FeGted at non ew . 1 and usually neR pFefessieRally managed heusing ef this
type. StatistiGs eleady shn%y tkha�theeusing ef this type is geneFally Ret appFeGiat*Rg at a Fate
appmaehiRg that of the eity's heuseRg steek as a whole. The law ef supply and deFRand is
making it diffiGult feF ewReFs of this heusiRg te sell, and this e#en FneaRs that they aFe fFustFated
n th9iF goals ef family betteFmeRt, 9F they aFefGFoedt9 FeRtthe pFeper-ty. While th
feF geed qualityFeRtal WARS iA the Gity, on the whole it is FneFe an keeping wmth9UFgeals te
eRr.euFage higheF levels ef heme ewRer-ship, thus FesultiRg in betteF PF9peFtyFRaiRteRaRGe
(wheFe PFGfessienal pMpeFty maRagemeRt is ROt pFesent) and a fee!*Rg ef haviR@ a higheF stal%
6 R eUF eity byGUF FesideRtS. !FeR;eaily, the best eseuFse ef aration te betteFthe Gause ef affeFdable
heusiRg in the Gity iSn9t te build MUGh M9Fe Of it, t9 FesteFe the balaRGe Of sUpply and deMand,
and te PFe d shape that WhiGh we have.
Page 240-241
Housing Issues
Three key housing issues are discussed in this section of the plan. They are workforce
a#er-dable housing, senior housing, and housing others with special needs. These elements
complement the vision and guiding principles by recognizing that housing needs extend beyond
the provision of market -level supply and demand. Certain citizens require and deserve
assistance in their efforts to meet fundamental housing needs and it is the intent of this plan to
provide goals and policies that help these people obtain safe, decent, and affordable housing.
Workforce AAGFdable Housing
The term "workforce housing" denotes affordable housing that is Primarily for households with.
workinq members. It is, however, also true that many households consist of retirees or disabled
persons who need decent and safe housing but are retired or are unable to work. There are also
those who are unemployed and cannot find good, affordable housing. It is, therefore,
appropriate to encompass all of these needs under the umbrella term of "workforce housim."
For the purposes of the Comprehensive Plan, workforce housing is defined as that provided at
pricing affordable to households in the following income ranges:
For homeowners, workforce housing is priced to be affordable to households with annual
incomes between 80% and 120% of area median income, adiusted for family size. In
2006, this is eguivalent to approximately $48,000 to $72,000 annual income for a family
of four.
For renters, workforce housing is priced to be affordable to households with annual
incomes between 60% and 90% of area median income, ad*usted for family size. In
2006, this is equivalent to approximately $36,000 to $54,000 for a family of four.
It must be noted that these income guidelines are based on current economic conditions, and
they will need to be adousted annually based on the income figures Published by the United
States Department of Housing and Urban Development (HUD).
Household income, however, does not, by itself, define 'affordabiiitv. Affordabilily is the
relationship between a household's abilily to pay and the cost to the household of housing. This
definition has no reference to the "true" cost of the unit, nor to any particular unit or !yDe of
housing. In addition, affordable housing must be decent, safe, and awropriate to the
household's needs. Finally, the unit must be available and sold or rented to a qualifying
household. Aleng with hewsiRg types, age, and value is the issue ef housing affeFdability. While
the heusing value figLiFeS Gited abeve indirate a health, . eR*enment and ben
these alFeady housed, it GFeates sigRifiGaRt affbFdability issues feF etheF Gitizens. -Nearly one-
quarter of Virginia Beach residents cannot afford to purchase or rent the average priced housing
unit. There is a shortage of housing for individuals and families with special needs such as
senior housing and persons with disabilities. Waiting lists exist for all affordable housing units.
Although the supply of housing does not meet the demand in every price range, this gap is
significantly greater for those in the lower income bracket. Some individuals and families are not
properly sheltered at all.
A workforce housing opportunity exists when a household with income within the qualifying
range Pays approximately 30% or less of its income for a decent, safe, and appropriate housinq
unit. rdable housiAg is geneFally defined, as good quality heusiRg that G96tS no FneFe than
30% of a family's ORGW%. Families expending more than this percentage are forced to choose
among other equally essential goods and services such as food, transportation, utilities and
health care. This creates severe family stress and places greater demands on the public and
private human services system and public school system. In a very real sense, affordable
housing reduces this stress and demand. By addressing issues of economic diversity, family
and youth opportunities and quality physical environment, affordable housing does more than
provide shelter for those in lower income brackets - it directly and indirectly achieves many of
the city's strategic objectives.
Notwithstanding other cyclical market forces, the success that has been achieved in creatinq a
great auality of life in Vi[ginia Beach has helped to drive the demand for housing in our city to a
point that very little land is now available for future development. Likewise, the price of land and
development costs have risen to a level that has priced housinq out of the range for man
buyers and renters. The affordabilily gap for many in the workforce, such as the first-time home
buyer or renter, college graduate, and new hires, is becoming difficult to bridg-e. While the
development community desires to meet this need, the cost factors of development have made
it very difficult. Often, Virginia Beach citizens with annual incomes as described above must,
due to lack of an adequate supply of affordably priced housing, seek housing in our sister cities.
However, even if affordable housing is located in another city, studies have shown that when
the cost of travel is combined with housing cost, the total normally exceeds 30% of the
household income.
A 2004 report prepared for the Cily by the Virginia Tech Center for Housing Research identified
gaps of thousands of units in the supply of housing for first time home buyers and low income
renters. The report stated that "first time home buyers were in danger of being priced out of the
market." If left unaddressed, the availability of new, moderately priced housing will continue to
decline and will reduce choices available to moderate income ViEginia Beach households-, and
reduce the competitiveness of Virginia Beach housing in comparison with surrounding areas
where land prices, although rising, allow the production of lower cost and/or higher -amenity
housing for this income group.
When discussing the issue of housing affordability, the issue of housing construction quality
must be considered as well. Good construction quality must be present in housing in any price
range but perhaps is even more critical in housing that is affordable to persons of more modest
means. In Virginia Beach, the majority of townhouses were built of materials that are now in
need of major repair, which is one factor in their being among the lowest price ranges of
housing. This is the type of housing that the lower income families are often forced to look for
housing. Townhouses are also the type of housing showing the greatest signs of distress both in
terms of assessed value and code violations. Because of the high demand to live in Virginia
Beach and corresponding scarcity of housing, households at the higher income levels are willing
and able to buy or rent at a lower price than they can afford, thereby eliminating housing
affordable to lower income families. In other words, families that already are financially stressed
are limited to housing that is older, not appreciating in value, may require costly maintenance,
and in turn be difficult or impossible for families to afford. Inattention to housing maintenance
needs negatively impacts not only the residents of such housing, but the quality of the
surrounding neighborhood.
Knowing, therefore, that there is a need to increase the supply of workforce housing, the Cit
Council, on September 14, 2005, passed a resolution directing the Planning Commission to
study the issue, with a particular focus on the following:
1 . Increasing the overall sumly of workforce and affordable housing by encourag-ing
7 -
increased density and mixed-use develowent in the Strategic Growth Areas not
affected by the AICUZ zones;
2. Increasing the ixoduction of housing affordable to the workforce as part of new housing
develoment;
3. Hebing to veserve the character and value of neighborhoods and housing and assist
in their preservation and enhancement.
In January 2007, after extensive work with City staff, progerty owners, developers. residential
builders, and those with an interest in workforce housing, the Planning Commission r)resented
its findings and recommendations to the City Council. As requested by the 2005 resolution, the
r77= Planning Commission provided recommendations on each of items listed above.
In regards to the Strategic Growth Areas (SGA's), the Planning Commission concurred that the
SGA's outside the AICUZ can provide an excellent or)portunity for the provision of Workforce
Housing (WFH). The SGA's are intended to hell) meet the challenge of protecting our residential
neighborhoods and meventing urban sprawl while, at the same time, Providing opportunities for
continued economic growth. These growth areas are designated to absorb most of the city's
future growth, both residential and non-residential and as such, are planned for more intensive
uses and density than most other areas of the city. To achieve this, a common characteristic of
the SGA's is the practice of integrating, not separating, a diverse cluster of land uses, resulting
in a compact, yet compatible mix of uses.
Recommendations to increase density, such as the COMDrehensive Plan suggests for the
SGA's, is disconcerting for some. There is a documented degree of fear by many that
increasing density does not solve anything, and instead, leads to a host of other urban
woblems. The Urban Land Institute, the Sierra Club, and the National Multi -Housing Council,
however, have published studies that support iust the QQDosite. These studies Doint out the
m)dhs pertaining to schools, property values, traffic, parking. environment, quality of
construction, and the income of the occupants. The reality is that households today are making
different housing choices than they made in past decades. High density development is a viable
housing, choice for all income groups and people in all phases of their lives. Many households
are finding that multifamily housina meets their needs for a vadety of reasons. As the costs of
transportation continue to increase, the size of households continues to decline, and the
availability of unencumbered and inexpensive developable land diminishes, increased
residential density may become a necessity. This is not to say, however, that the current
Preferred housing Woe is not still single-family home ownership. Single-family home ownership
will remain the -preference for the foreseeable future. The SGA Polipy advocated by this
Comprehensive Plan is designed to provide for the emerging urban trend of guali!Y higher
density housingg while also Protecting the city's existinq single-family neighborhoods by steeeing
demand for such density away from them (the third area the Planning Commission was directed
to address in City Council's 2005 resolution). In sum then, the following represents the guidance
of this Commehensive Plan for the location of quality and affordable workforce housincr
1 - In accordance with the overall design of the Comprehensive Plan, Workforce HoqgiM
that involves increased density will generally not be appropriate in the Primary
Residential Areas:
2. The main locations for Workforce Housing will be within the Strategic Growth Areas of
the �itv that are not impacted by AICUZ requirements. Generally this will mean those
SGA's west of Rosemont Road; and
3. Other appropriate locations for Workforce Housing may be existing commercial or multi-
family residential sites on maior roadways, where Workforce Housing may be part of a
significant redevelopment of the site without significant det(iment to any part of the
Primary Residential Area.
In regard to City Council's direction for the Planning Commission to investigate means of
increasing the Production of housing -affordable' to the workforce as part of new housing
developments, it must be recognized that Workforce Housing has certainly been created in
Vir-ginia Beach in the past and will continue be created in the future. It is recognized that it is
oossible to develop Workforce Housing when the right combination of economic circumstances
are aligned and Present. Leaving things as they are, however, and hoping for -good
circumstances is not a strategy. For the foreseeable future, barring a long-term depression in
Property values and construction costs, the assumption is that we will continue to experience
rising land values and construction costs. The more upward pressure on housing costs, the
more difficult it will become to provide quality Workforce Housing in the city. There is no one tool
that can be applied in eve[y circumstance that will result in the creation of a Workforce Housing
unit. This Plan, however, recommends that the best means to exPeditiously Provide Workforce
Housing in the near-term is to adot)t a wogram that has the following characteristics:
• A process for developing Workforce Housing that is voluntary and incentive -based:
• A voluntary bonus density provision that will be available, within appropriate zoning
categories, Permitting residential use within the non-AICUZ impacted Strategic Growth
Areas and other appropriate areas. Such bonus density would be tied to the provision of
quality and affordable Workforce Housing; and
• That it advance a municipal Philosophy that seeks to continue to examine how
Workforce Housing can be voluntarily included as part of a development through the use
of an expanded municipal "tool box".
Page 245
Guiding Principles
The essence of the City's G uiding Principles may be summed up in the following statement:
Virginia Beach will be a City without blight. All our citizens will have the opportunity to live in
vital, safe and attractive neighborhoods that provide a high quality of life and help our citizens
achieve their goals.
Using this as a foundation, our approach to ensure housing and neighborhood quality must be
guided by a set of principles that apply to the work we do. These principles provide a basis for
the goals and policies, identified later in this chapter, and ensure consistency with other
comprehensive planning policies. These guiding principles are:
Quality
We believe that quality in design and construction of housing and neighborhoods, at all price
ranges, will be the most cost effective approach to achieving our goals over the long term. A
lack of initial quality in the name of affordability or any other goal will only end up postponing
costs and shifting them to others.
Diversity
We believe that the best approach to housing and neighborhoods is to maintain and improve
upon the diversity in housing and neighborhoods that is already a positive component of our
city. This diversity includes the type, value and design of housing and neighborhoods, which, in
turn, helps the city meet it goals for quality physical environment, family and youth opportunities
and economic vitality. In addition, people from a variety of cultures, backgrounds, ages, races
and capabilities will have greater opportunities to find and retain safe, decent and affordable
housing.
Mixed -income and Mixed-use development
The planning and creation of mixed -income and mixed use developments will advance the city's
goal of providing diverse, high-quality and affordable housing in desirable neighborhoods and
within the Strategic Growth Areas outside of the AICUZ. Allowing a greater mix of incomes
within neighborhoods increases the affordability of housing and reduces the isolation of income
groups. Further, mixed-use developments are beneficial in the long run because they broaden
housing opportunities, increase resident's access to nearby jobs and provide a better land use
arrangement to accommodate alternative, cost-effective transportation systems.
Equal Access to Housing and Neighborhoods
We must continue to ensure that artificial barriers to persons who wish to live in our housing and
neighborhoods are removed and/or not put in place.
Insert after Existing Page D-4:
New Page D2-1:
Workforce Housing (WFH) Design Criteria
A Workforce Housing Development shall comply with the following- Criteria:
1. The Workforce Housing (WFH) Development shall comply with the Comprehensive Plan
and any applicable Design Guidelines referenced therein that are applicable thereto.
These include but are not limited to the Mixed -Use Development Guidelines, Resort
Area Design Guidelines, Old Beach Design Guidelines, and Kempsville Plan Design
Guidelines.
2. Affordable WFH units in a WFH Development shall be mixed with the market -rate units
and shall not be clustered together or segregated in any way from the market -rate units.
3. If the WFH Development Plan contains a phasing plan, the phasing plan shall provide for
the development of affordable housing units concurrently with the market -rate units. No
phasing Oan shall provide that the affordable housing units built are the last unit(s) in a
WFH Development.
4. The exterior appearance of the WFH units in a WFH Development shall be similar to the
market -rate units by the provision of exterior building materials and finishes substantially
the same in type and quality as the market -rate units. The WFH unit exterior shall be
substantially indistinguishable from the market -rate units.
5. The WFH units shall be comparable in bedroom mix, design, and overall quality of
construction to the market rate units in the WFH Development, except that the WFH unit
shall not be required to exceed three bedrooms per unit. The square footage and interior
features of the WFH units shall not be required to be the same as the market -rate units,
so long as thev are reasonably similar in size and quality and are consistent with the
current building standards for new housing in the City of Vi[ginia Beach.
v.2
05/22/07
MBoards0anning Commission\Agendas\Agendas—Current\2007-06\13—WFH-ComPlan—AMENDMENT.doc
Items I I & 12
City of Virginia Beach
An Ordinance to Amend the Comprehensive Plan by revising
Chapter I (Introduction and General Strategy), Chapter 10
(Housing and Neighborhoods), and the Appendix of the Policy
Document by incorporating Location Guidelines for Workforce
Housing
City of Virginia Beach
An Ordinance to Amend the City Zoning Ordinance by Amending
Section 102, Establishing the Workforce Housing Overlay District;
Amending Section 900, Pertaining to the Legislative Intend of the
B-4 Mixed Use District, the B -4C Central Business District, the
B -4K Historic Kempsville Area Mixed Use District; and by adding
A new Article 20 Consisting of Section 2000 through 2006, Pertaining
To Definitions, Applicability, Permitted Uses, Density Bonuses,
Plan Requirements and Required Features of Development in
Workforce Housing Overlay District
June 13, 2007
REGULAR
Dorothy Wood: Mr. Chain-nan? May I read the next two together, the City of Virginia
Beach?
Barry Knight: Mr. Macali? Would that be appropriate on agenda items I I and 12?
Dorothy Wood: The next two items are Items I I and 12. Item I I is an Ordinance to
amend the Comprehensive Plan by revising Chapter 1, Chapter 10 and the Appendix to
incorporate the Location Guidelines for Workforce Housing. Item 12 is an Ordinance to
Amend the City's Zoning Ordinance by amending Section 102, Establishing the
Workforce Housing Overlay District, Amending Section 900 Pertaining to the Legislative
Intent of B-4 Mixed Used District, The B -4C Central Business Mixed Used District and
the B -4K Historic Kempsville Area Mixed Used District and by adding a new Article 20
Consisting of Sections 2000 through 2006 Pertaining to Definitions, Applicability,
Permitted Uses, Density Bonuses, Plan Requirements and the Required Features of the
Workforce Housing Overlay Districts. Mr. Macali will speak on this Mr. Chairman.
Barry Knight: Okay. Mr. Macali, are you going to share duties on speaking on this?
Would you like to start first?
Bill Macali: It is entirely up to the Commission. I'll be happy to do that, or perhaps Ms.
Prescott could give her presentation.
Barry Knight: Ms. Prescott? Welcome Sharon.
Items 11 & 12
City of Virginia Beach
Page 2
Sharon Prescott: Good afternoon Chairman and members of the Commission. I'm
Sharon Prescott and I work with the Department of Housing and Neighborhood
Preservation. I'm going to briefly go over where we've been and where we're going with
this program. In May 2006, the Planning Commission ormed the Workforce Housing
Subcommittee. Then in November 2006, the Planning Commission and Council were
briefed on our Workforce Housing Report. I would like to say this has been a very open
and inclusive collaborative process. In fact, we actually have some of our members from
our committees here today. I would like to recognize them quickly. We have Frank
McKinney, Chandler Scarborough, Ron Ripley, Rob Rashenberg, Andy Friedman,
Claudia Cotton, and Steve Lawson. These members represent their real estate
community, neighborhood organizations, as well as our development communities and
City staff. Where we're going today, we're briefing our Planning Commission. On July
10, we will be briefing City Council on the program. On August 14, we will have a
public hearing and hopefully a vote from City Council on our package. So, what is
Workforce Housing? It's a term that we have defined for Virginia Beach as follows: it
will be serving households with incomes between $36,000 and $77,000, which is up to
about 120 percent of the area median income. It will be decent, safe, and appropriate and
affordable housing for our citizens, and it is, wherever possible, created as portion of
market rate development. It can be any kind of housing unit such as a single-family,
condo, town -home. It can be sold to a qualified buyer, and the sales price of the housing
will vary based on the market conditions. Units meet quality and design guidelines and
generally are indistinguishable from market rate units. So, you're not going to be able
drive through a community and point them out. It is also important to understand what
Workforce Housing isn't. It is not a government subsidiary program. It is not a windfall
for developers or buyers. It does not involve placing price controls on the resale of the
housing. It is not mandatory. That is a very important part of this. It is truly a voluntary
program. It does not propose to change the nature or the character of our existing low-
density neighborhoods. It does not depend on either the developer or other buyers to
subsidize the workforce buyers. The basics of the program are to encourage the
development of high quality affordable housing that targets people who live, work, or
will be working in the City of Virginia Beach, whose incomes are between 80 and 120
percent of area median income for home ownership, and between 60 to 90 percent for
those households who will be renting. The lowest density rate is going to be if they get a
30 percent increase in their density, 17 percent of the total number units in the
development would be set aside as workforce units. Where are we going to put this?
We're looking at the Strategic Growth Areas that are not impacted by AICUZ and other
areas that City Council would deem appropriate. There would also be a discounted unit
sales price for the workforce unit. This is what makes them affordable. The discount is
going to be captured in the form of a soft second mortgage, as well as some share
appreciation. These funds can be rolled back in to units as they are turned over to keep
the units affordable for the ftiture. Everybody wants to know what type of income are we
talking about? Our sales transactions are actually going to be through a non-profit so the
City is not involved in the selling of the units from the developer to the end user. So,
who are we talking about income wise and the cost of the housing? The chart up there
will show you households that are at 120 percent. If you had a household of one, there
Items I I & 12
City of Virginia Beach
Page 3
maximum income would be $53,800 based on today's AMI, and the maximum workforce
sales price for that household of one would be $179,000. Bumping that up to a household
of four, their income could be $76,900 and the sales price could be $256,000. As you go
through the income range as the prices will change but example of a household at 80
percent afford an income of $51,300, they would be able to purchase a house at
$170,000. That is considered affordable. How does it work? If a developer, by -right,
could put 100 units on a parcel of land, and he came through the program and was asking
for the 30 percent increase in his density, he would be able to build 22 new units of
workforce housing and eight additional units of market rate housing for a total of 130
units on the property. So, he has a combination of his increased density of both market
rate and workforce housing. And how does this affect his profit margin? We've run
many mathematical models on this to make sure that our logic and our math works.
From what we can tell, the profit margin for the developer stays the same. They are not
harmed or are putting themselves at risk to do this. For the buyer, a buyer going in would
be looking to purchase a house that would be really the market rate price which would be
$240,000 for example. But his actual price would be $180,000. That $60,000 represents
a 25 percent discount that the developers discount the price on based on getting the
density increase. That is the portion that would be captured in that soft second. This is
part of our mathematical logic and models that we have been running where you can see
the recaptured is going to be tied to the market so as the market increases and the value of
the house increases, our soft second is going to increase proportionally. So, if the buyer
went in with 25 percent discount when the exit the property, the City would recapture 25
percent of the property's value there subsidiary to go back to making the units affordable.
The last page is a map of those two strategic growth areas where we know the program
would be appropriate, as well as other areas that City Council might decide to deem
appropriate for this program. Are there any questions?
Barry Knight: Are there any questions of Ms. Prescott? Okay. Thank you very much. It
was very thorough. Mr. Macali, she gave a very thorough presentation. Do you have
anything you care to add?
Bill Macali: Not on the aspects of the program that Ms. Prescott covered. If the
Commission wants a description of what the zoning amendments do, I'll be happy to do
that either through the PowerPoint that was given to you this morning or from here.
However the Commission desires it.
Barry Knight: I think from there would be fine.
Bill Macali: What the amendments do essentially is to create a zoning ordinance by
which Workforce Housing, the construction of Workforce Housing, would be
incentivized essentially. What we would do is to create a Workforce Housing Overlay
District, which is to say is like a PD -112 District, where there is a underlying zoning
district, which would not change, but property upon application to the City Council
would be rezoned to include the Workforce Housing Overlay District. It would be an
option only in certain areas of the city, which would be areas that in which increased
Items I I & 12
City of Virginia Beach
Page 4
density is deemed appropriate by the Comprehensive Plan. Those areas include but are
certainly not limited to, Strategic Growth Areas, and we also think that the program
would be especially appropriate in the City's Mixed Use districts, which consists of the
B-4 Mixed Used District, which is throughout the City, the B -4C Mixed Use District,
which is next to the Town Center, and the B -4K Historic Kempsville Area Mixed Use
District. Essentially an applicant who wanted to provide affordable workforce housing
would come in, apply to the City Council to have their Workforce Housing Overlay
District put on this property, and if that is done, then the number of total residential
dwellings, could be increased by a total of 30 percent so long as certain requirements are
met. Those requirements are set forth in your ordinance. I don't believe that the
Commission wants me to go over one by one. Seventeen percent of the total number of
units would have to be workforce housing units. Now, the Workforce Housing units do
have certain requirements. Chiefly, among them is the fact that they must be visually
indistinguishable from market price units of the same type. The quality and the interior
have to be compatible to the market price units. They cannot be segregated in one part of
the development but have to be interspersed throughout it, and they have to meet certain
quality standards, which is part of your Comprehensive Plan amendments as well. I'm
not sure whether or not the Commission wishes me to go into any further detail. I can
certainly talk about it some more, but I have a feeling that the commission is well versed
in it, especially after the presentation this morning. Perhaps at this point, I could just offer
to try and answer any questions that anyone may have.
Barry Knight: Thank you. I think that would be appropriate. Are there any questions of
Mr. Macali at this time? Okay. Is there any discussion? We'll open it up for discussion.
Ms. Wood?
Dorothy Wood: May I please just introduce my very good friend Father Jim Parks. I
don't think he was introduced before. He has been working with Empower Hampton
Roads for many years. He has certainly has been a leader in helping with housing. It is
always good to see you Father.
Barry Knight: Thanks for being here. Is there any discussion? Ms. Anderson?
Janice Anderson: I am very supportive of the ordinance with the Workforce Housing and
going forward it. The committee has been working on it seems like years. And, it is very
nice to see that it is finally here and moving forward. But, I do have a problem with, and
as I spoke earlier, is with the second application, which is the actually ordinance, and
especially under Section 2004 of that. It is on Page 7. It is under allowed uses under
"B". It is my understanding that this Workforce Overlay won't apply to noise zones 65
dB and above or will it apply to R- 10 and above. But it could apply to R-5 S, R -5D, R-
7.5. These are all zonings that have single-family. With Section "B", and the way it is
worded, you can actually change the character of those neighborhoods if they are going
through redevelopment to where you have single-family neighborhood and they can
redevelop it and have duplexes or multi -family dwellings in there. I don't think that is
what we're looking for, a possible change in the existing character of those
Items I I & 12
City of Virginia Beach
Page 5
neighborhoods. I would like to see "B" just stopped right after the first sentence. It says
"within the Workforce Housing Overly District uses shall be allowed in accordance with
the use, regulation of the underlying zoning district' 'and end it there and not have
provision where you can increase density in single-family residential zones.
Barry Knight: Okay. Mr. Macali? You've heard Ms. Anderson's concerns. Can you
address that?
Bill Macali: Well, I think first, keep in mind that even if is only single-family dwellings,
which would be able to be built in those zoning districts, the density can still increase.
For instance, if someone in the R-5 District could build ten single-family homes under
the Workforce Housing regulations, he would be able to build thirteen so long as...
Janice Anderson: If they would stay single-family. Right. Okay.
Bill Macali: Yes. It is not really an increase in density. I think the other factors that we
had in mind in allowing other dwellings to be built was first that the dwelling units that
are Workforce Housing units have to be indistinguishable from the other kinds of market
price units. Secondly, by allowing multi -family dwellings rather than single-family
dwellings that certainly does decrease the amount of land in any given district that is used
for housing that would have the other affect of increasing the amount of open space. I
think more than anything else, we have been shown a number of examples in other
localities where this has been the case. I think the best thing to say about it is that it has
been successful. You really can't tell that the dwellings are not single-family dwellings
and we just thought that added flexibility given the limitations that were just mentioned,
and also the fact that the City Council has to approve any development no matter what. It
was basically enough to convince us that it was something that we should at least try out
in the ordinance.
Barry Knight: Do you have any more questions of Mr. Macali?
Janice Anderson: No.
Barry Knight: Discussion? Mr. Crabtree?
Eugene Crabtree: Just one other item. First all, I just want to congratulate the Planning
Commission for putting this together and the Workforce Committee and the wonderful
job that it did. One comment that I wanted to make is that I've gone with all time, and
the final thing that they come out with, I do see as to where single parent type homes do
fall into the category now that could be include in affordable housing where in the early
part we've seen to exclude them, but now single parent homes and single occupancy
seem to be included in this now. I'm really pleased to see that they got that in the
ordinance in the final result. I think that is a big benefit to the city.
Barry Knight: Thanks. Is there any other discussion? The Chair will entertain a motion.
Items 11 & 12
City of Virginia Beach
Page 6
Eugene Crabtree: Do we have to do the two separate?
Barry Knight: We can lump them together Mr. Macali.
Bill Macali: Yes sir. That is not a problem as along as they are separately identified.
Eugene Crabtree: I make a motion that we approve item I I and 12 as presented to the
Commission.
Barry Knight: There is a motion on the table. Do I have a second?
Donald Horsley: I'll second it. I have a question.
Barry Knight: Sure. There is a motion on the table by Gene Crabtree and seconded by
don Horsley to approve agenda item I I and 12. I'll open it back up for discussion. Mr.
Hors1ey9
Donald Horsley: Do we have any speakers?
Barry Knight: Ms. Wood?
Dorothy Wood: No, we do not.
Donald Horsley: You don't have any speakers?
Dorothy Wood: No sir.
Donald Horsley: Roll on.
Dorothy Wood: There not in my cards sir if they want to speak.
Barry Knight: Thank you for checking up on us.
Dorothy Wood: Would you like speakers?
Donald Horsley: No. The committee did an excellent job with it.
Barry Knight: Before we vote, you've heard all the Commission between the informal
session and formal session talk about the amount of work that has gone into this thing
between the staff, but in more particularly, the private citizens who got involved to try
and make Virginia Beach a community for everybody including this workforce housing.
We just really, really want to thank you for doing so much leg work and getting citizen
involvement, because you're the developers. You're the religious aspect. You help the
poor. You're just a broad spectrum of the whole entire City. Dog gone it, we couldn't
have made a better choice than to pick Chairman Ron Ripley. Ron, we really want to
Items I I & 12
City of Virginia Beach
Page 7
thank you. Just because you were a former Planning Commissioner didn't have anything
to do with the accolade you just received. Anyways, thank you all very, very much
again. So, there is a motion on the floor by Gene Crabtree and seconded by Don Horsley
to approve item I I and 12. 1 will now call for the question.
Ed Weeden: By a vote of 10-0, the Board has approved item I I and 12.
Barry Knight: Thank you.
AYE 10 NAY 0 ABS 0 ABSENT1
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
STRANGE
ABSENT
WOOD
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item I I and 12.
Barry Knight: Thank you.
1A
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance To Amend The City Zoning Ordinance By Amending Section
102, Establishing The Workforce Housing Overlay District; Amending
Section 900, Pertaining To The Legislative Intent Of The B-4 Mixed Use
District, The B -4C Central Business Mixed Use District And The B -4K
Historic Kempsville Area Mixed Use District; And By Adding A New Article
21, Consisting Of Sections 2100 Through 2106, Pertaining To Definitions,
Applicability, Permitted Uses, Density Bonuses, Plan Requirements And
Required Features Of Development In Workforce Housing Overlay Districts.
MEETING DATE: August 28, 2007
E Background:
On September 14, 2005, the City Council passed a resolution directing the
Planning Commission to study the issue of Affordable and Workforce Housing,
with a particular focus on the following:
1 . Increasing the overall supply of workforce and affordable housing by
encouraging increased density and mixed-use development in the
Strategic Growth Areas not affected by the AICUZ zones;
2. Increasing the production of housing affordable to the workforce as part of
new housing development; and
3. Helping to preserve the character and value of neighborhoods and
housing and assist in their preservation and enhancement.
In January 2007, after a delay resulting from the BRAC order, a Planning
Commission sub -committee pursued extensive work with City staff, property
owners, developers, residential builders, and others with an interest in affordable
workforce housing, the Planning Commission presented their findings and
recommendations to the City Council. As requested by the 2005 resolution, a
report was prepared providing recommendations on each of the items listed
above.
E Considerations:
The attached amendments to the City Zoning Ordinance are based on the
recommendations presented to the City Council by the Planning Commission.
Over the last several months, those recommendations have been refined and
enhanced by the Workforce Housing Committee (City staff, representatives of the
development community, real estate professionals, non-profit housing groups,
CITY OF VIRGINIA BEACH —WORKFORCE HOUSING
ZONING ORDINANCE AMENDMENT
Page 2 of 2
and others interested in this issue), and prepared for inclusion as part of the City
Zoning Ordinance. A summary of the amendment is provided in the attached
staff report.
0 Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request.
E Attachments:
Staff Review
Ordinance Amendment
Planning Commission Minutes
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: V, tot
CITY OF VIRGINIA BEACH
AMENDMENT TO THE ZONING
ORDINANCE — WORKFORCE
HOUSING
Agenda Item 12
June 13, 2007 Public Hearing
REQUEST:
An Ordinance To Amend The City Zoning Ordinance By Amending Section 102, Establishing The
Workforce Housing Overlay District; Amending Section 900, Pertaining To The Legislative Intent Of The
B-4 Mixed Use District, The B -4C Central Business Mixed Use District And The B -4K Historic Kempsville
Area Mixed Use District; And By Adding A New Article 21, Consisting Of Sections 2100 Through 2106,
Pertaining To Definitions, Applicability, Permitted Uses, Density Bonuses, Plan Requirements And
Required Features Of Development In Workforce Housing Overlay Districts.
SUMMARY OF AMENDMENT
On September 14, 2005, the City Council passed a resolution directing the Planning Commission to study
the issue of Affordable and Workforce Housing, with a particular focus on the following:
1 . Increasing the overall supply of workforce and affordable housing by encouraging increased
density and mixed-use development in the Strategic Growth Areas not affected by the AICUZ
zones;
2. Increasing the production of housing affordable to the workforce as part of new housing
development; and
3. Helping to preserve the character and value of neighborhoods and housing and assist in their
preservation and enhancement.
In January 2007, after a delay resulting from the BRAC order, a Planning Commission sub -committee
pursued extensive work with City staff, property owners, developers, residential builders, and others with
an interest in affordable workforce housing, the Planning Commission presented their findings and
recommendations to the City Council. As requested by the 2005 resolution, a report was prepared
providing recommendations on each of the items listed above.
The attached amendments to the City Zoning Ordinance are based on the recommendations presented to
the City Council by the Planning Commission. Over the last several months, those recommendations
have been refined and enhanced by the Workforce Housing Committee (City staff, representatives of the
CITY OF VIRGINIA BEACH
WORKFORCE HOUSING AMENDMENT
TO THE ZONING ORDINANCE
Agenda Item 12
Page 1
development community, real estate professionals, non-profit housing groups, and others interested in
this issue), and prepared for inclusion as part of the City Zoning Ordinance. In general, the amendments
consist of the following:
Establishment of the Workforce Housing (WFH) Overlay as a zoning district. The WFH Overlay
District is to be created only on a case-by-case basis pursuant to a rezoning that adds the
Workforce Housing Overlay District designation to the underlying zoning district classification of
the subject property. Such a rezoning may occur only in areas identified in the Comprehensive
Plan as suitable for increased dwelling unit density, including Strategic Growth Areas (SGAs).
Adds the provision of high-quality workforce housing in appropriate locations to the legislative
intent of the B-4 Mixed Use, B -4C Central Business Mixed Use, and B -4K Historic Kempsville
Area Mixed Use Districts.
Adds Article 21 (Sections 2100 to 2106) to the Zoning Ordinance. Article 21 accomplishes the
following:
• Section 2100 states the purpose and intent of the ordinance, which is to provide
incentives for the development, in areas of the city where the Comprehensive Plan
recognizes that increased density is appropriate, of high-quality, affordable housing for
persons meeting the income guidelines set forth in the section.
• Section 2101 sets out in subsections (a) through (d) the findings concerning the need for
workforce housing. Subsection (e) expresses a finding that workforce housing is not
substandard or inferior, and explains the basis for that finding, which is reflected in the
requirements for workforce housing units presented in Section 2106.
• Section 2102 contains definitions of various terms used in Article 21.
• Section 2103 limits areas in which the WFH Overlay District may be created to those
areas in which increased density is consistent with the Comprehensive Plan. Such areas
include, but are not limited to, Strategic Growth Areas. The section also prohibits the
Overlay in AICUZ Noise Zones of 65-70 dB DNL or higher and in the R-10 through R-40
Residential Districts.
• Section 2104(a) provides that development within the WFH Overlay District must conform
to the land use plan approved by the City Council. Just as with a PD -H Overlay District.
WFH Overlay land use plans supersede the zoning regulations of the underlying zoning
district, thereby allowing for greater flexibility in designing developments containing
workforce housing (within the limits of City Council approval). Section 2104(b) limits the
uses allowed in the WFH Overlay District to those uses allowed in the underlying zoning
district, with the exception that all forms of dwelling units are allowed where the
underlying zoning district is residential.
• Section 2105(a) establishes the application requirements for a rezoning to the WFH
Overlay District. Those requirements include a number of items that are unique to
workforce housing applications, including a construction schedule for workforce housing
units, architectural elevations, a statement of the number of units at specified levels of
affordability, and a description of green development features. Subsection (b) specifies
the procedure for modification of an approved land use plan for a WFH Overlay District.
• Section 2106 presents the bonus density provisions and the requirements for a
development to qualify for the bonus density. It also sets forth requirements pertaining to
the quality and design of workforce housing units and their integration into a
development.
The specific details pertaining to each of the components presented above are provided in the attached
ordinance amendment.
CITY OF VIRGINIA BEACH
WORKFORCE HOUSING AMENDMENT
TO THE ZONING ORDINANCE
Agenda Item 12
Page 2
RECOMMENDATION
The proposed amendments provide a regulatory framework designed to increase the supply of quality,
affordable Workforce Housing in Virginia Beach. The amendments both refine and implement
recommendations of the Comprehensive Plan as adopted in 2003 pertaining to Workforce Housing, and
the recommendations of the Planning Commission pertaining to this issue. Staff, therefore, recommends
approval of the amendments.
CITY OF VIRGINIA BEACH
WORKFORCE HOUSING AMENDMENT
TO THE ZONING ORDINANCE
Agenda Item 12
Page 3
1 AN ORDINANCE TO AMEND THE CITY ZONING
2 ORDINANCE BY AMENDING SECTION 102, ESTABLISHING
3 THE WORKFORCE HOUSING OVERLAY DISTRICT;
4 AMENDING SECTION 900, PERTAINING TO THE
5 LEGISLATIVE INTENT OF THE B-4 MIXED USE DISTRICT,
6 THE B -4C CENTRAL BUSINESS MIXED USE DISTRICT AND
7 THE B -4K HISTORIC KEMPSVILLE AREA MIXED USE
8 DISTRICT; AND BY ADDING A NEW ARTICLE 21,
9' CONSISTING OF SECTIONS 2100 THROUGH 2106,
10 PERTAINING TO DEFINITIONS, APPLICABILITY,
11 PERMITTED USES, DENSITY BONUSES, PLAN
12 REQUIREMENTS AND REQUIRED FEATURES OF
13 DEVELOPMENT IN WORKFORCE HOUSING OVERLAY
14 DISTRICTS
15
16 Sections Amended: City Zoning Ordinance Section 102 and
17 900
18
19 Sections Added: City Zoning Ordinance Sections 2100 - 2106
20
21 WHEREAS, the public necessity, convenience, general welfare and good zoning
22 practice so require;
23
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA:
26
27 That Section 102 of the City Zoning Ordinance is hereby amended by
28 establishing the Workforce Housing Overlay District, and a new Article 21, consisting of
29 Sections 2100-2106, is hereby added, pertaining to definitions, applicability, permitted
30 uses, density bonuses, plan requirements and required features of development in
31 Workforce Housing Overlay Districts, which shall read as follows:
32
33 Sec. 102. Establishment of districts and official zoning maps.
34
35 ....
36
37 (a4) There is hereby established the Workforce Housing Overlay District. Such
38 district shall be designated on the official zoning map by the notation "(WF)" follo��M
39 the designation of the underlying zoning district. As an illustration, Property in the B-4
40 Mixed Use District and in the Workforce Housing Overlay District shall be designated on
41 the official zoning map as having the classification "B-4(WF)." The Workforce Housing
42 Overlay District shall be limited to Property located within those areas of the Cily
43 designated in Section 2103 of this ordinance that has been rezoned to incorporate the
1
44 Workforce Housinq Overlay District as an overlay to the underlying zoning classification
45 of the Pro erty.
46
47 ....
48 COMMENT
49
50 The amendment establishes the Workforce Housing Overlay District. The Overlay District
51 is to be created only on a case-by-case basis pursuant to a rezoning adding the Workforce Housing
52 Overlay District designation to the underlying zoning district classification of the subject property.
53 Such rezonings may occur only in areas identified in the Comprehensive Plan as suitable for
54 increased dwelling unit density, including Strategic Growth Areas.
55
56 Sec. 900. Legislative intent [Business Districts].
57
58 The purpose of the B-1 Neighborhood Business District is to provide areas where
59 a limited range of business establishments can be located near or adjacent to
60 residential development without adversely impacting the adjacent residential area. The
61 purpose of the B -1A Limited Community Business District is to provide areas where
62 limited commercial development can be dispersed to support the needs of nearby
63 residential neighborhoods. The purpose of the B-2 Community Business District is to
64 provide land needed for community -wide business establishments. This district is
65 intended for general application in the city. It is intended that, by the creation of this
66 district, business uses will be geographically concentrated. The purpose of the B-3
67 Central Business District is to set apart that portion of the city which forms the
68 metropolitan center for financial, commercial, professional and cultural activities,
69 including business, professional and cultural development in a manner that
70 complements the B -3A Pembroke Central Business Core District and the policies
71 identified in the City of Virginia Beach Comprehensive Plan. It is intended that any uses
72 likely to create friction with these proposed types of activities will be discouraged. This
73 district is not intended for general application throughout the city. The purpose of the B-
74 3A Pembroke Central Business Core District is to optimize development potential for a
75 mixed-use, pedestrian -oriented, urban activity center with mid- to high-rise structures
76 that contain numerous types of uses, including business, retail, residential, cultural,
77 educational and other public and private uses. The B -3A district is intended to comprise
78 publicly accessible community open space areas, generally reflective of the concepts
.79 identified in the city's Comprehensive Plan and the Pembroke Central Business District
80 Master Plan. Requests for rezonings to the B -3A Pembroke Central Business Core
81 District shall be limited within the area bound by Independence Boulevard, Jeanne
82 Street, Constitution Drive and the Norfolk -Southern Railroad right-of-way. As to those
83 buildings and structures rendered nonconforming by a rezoning to B -3A, it is the intent
84 of the City Council to encourage their appropriate expansion or renovation by resolution,
85 as set forth in section 105, in order to effectuate the intent of this section. This district is
86 not intended for general application throughout the city. The purpose of the B-4 Mixed
87 Use District is to provide for retail and commercial service facilities and residential uses.,
88 includinq high-quality workforce housing in appropriate areas within the district,
89 including Strategic Growth Areas, in those areas of the city where a mixture of such
2
90 uses is desirable and recommended by the policies of the Comprehensive Plan. The
91 purpose of the B -4C Central Business Mixed Use District is to provide an area that
92 complements the B -3A Pembroke Central Business Core District through quality mixed
93 use development at intensities and patterns that support multiple modes of
94 transportation, higher residential densities, including high-quality workforce housing in
95 appropriate areas within the district, and an integrated mix of residential and non -
96 residential uses within the same building or on the same lot. Requests for rezonings to
97 the B -4C Central Business Mixed Use District shall be limited to the area surrounding
98 the B -3A Pembroke Central Business Core District and generally bounded by Thalia
99 Creek on the east, Interstate 264 on the south, Aragona Boulevard on the west, and
100 Jeanne Street and Broad Street on the north. Development within the B -4C Central
101 Business Mixed Use District should adhere to the Comprehensive Plan's Mixed Use
102 Development Guidelines. The purpose of the B -4K Historic Kempsville Area Mixed Use
103 District is to provide an area that complements the adjoining residential neighborhoods
104 through quality mixed use development at intensities and patterns that support multiple
105 modes of transportation, higher residential densities, includin- high-quality workforce
q -
106 housing in appropriate areas within the district, including Strategic Growth Areas, and
107 an integrated mix of residential and non-residential uses within the same building or on
108 the same lot. Rezonings to the B -4K Historic Kempsville Area Mixed Use District shall
109 be limited to property within the area generally bounded by Kempsville Heights and
110 Kempsville Lake to the north, Cedar Run Canal to the south, Kempsville Gardens and
111 Kempsville Manor to the east, and Eastern Branch of the Elizabeth River to the west.
112 Development within the B -4K Historic Kempsville Area Mixed Use District shall conform
113 to the Comprehensive Plan's Mixed Use Development Guidelines and the Historic
114 Kempsville Area Master Plan or, in the event of a conflict, shall conform to the Historic
115 Kempsville Area Master Plan.
116
117 COMMENT
118
119 The amendments add the provision of high-quality workforce housing in appropriate
120 locations to the legislative intent of the B-4 Mixed Use, B -4C Central Business Mixed Use and B -4K
121 Historic Kempsville Area Mixed Use Districts.
122
123 ARTICLE 21. WORKFORCE HOUSING
124
125 Sec. 2100. Purpose and intent.
126
127 The purpose and intent of this Article is to encourage the development of high -
128 quality housing that is: (1) affordable by households with annual incomes of between
129 80% and 120% of Area Median Income (AMI); or (2), for rental Purposes, by households
130 with annual incomes of between 60% and 90% of AMI, ad*usted for family size, who live
131 or work in Virginia Beach;. Because such households -generally, although not uniformly,
132 consist of one or two workinq members, such housing is termed "workforce housing." In
133 order to accomplish that goal, this Article establishes incentives for the construction of
134 workforce housing in areas of the City, including Strategic Growth Areas, in which the
135 ComDrehensive Plan recoanizes increased densitv to be appropriate. Equallv
3
136 importantly, this Article also ensures that workforce housing will be well-designed, o
137 high quality, and well -integrated into the overall development of which it is a component.
138
139 COMMENT
140
141 The new section states the purpose and intent of the ordinance, which is to provide
142 incentives for the development, in areas of the City where the Comprehensive Plan recognizes that
143 increased density is appropriate, of high-quality, affordable housing for persons meeting the
144 income guidelines set forth in the section.
145
146 Sec. 2101. Findings.
147
148 The City Council hereby finds that:
149
150 (a) Housing the past few
prices have risen much faster than incomes during
151 years, thereby eliminating, for many people, the option of purchasing a home, and for
152 others, the option of renting without causing an undue financial burden;
153
154 (b) The most effective approach to preserving the quality of the City's housing
155 and neighborhoods is to maintain and improve upon their diversity. This diversit V
156 includes the type, value and design of housing and neighborhoods, which in turn, helps
157 the City meet its goals for a quality Physical environment, family and youth opportunities
158 and economic vitality. In addition, people from a variety of cultures, backgrounds, ages,
159 races and capabilities will have greater opportunities to find and retain safe, decent and
160 affordable housing,
161
162 (c) The planning and creation of mixed -income and mixed-use developments
163 will advance the City's goal of providing diverse, high-quality and affordable housing in
164 desirable neighborhoods. Allowing a greater mix of incomes within neighborhoods
165 increases the affordability of housing and reduces the isolation of income groups.
166 Further, mixed-use developments are beneficial in the long run because they broaden
167 housing opportunities, increase residents' access to nearby employment and provide a
168 befter land use arrangement to accommodate alternative, cost-effective transportation
169 systems.
170
171 (d) Without an adequate supply of workforce housing, employees of local
172 businesses would be forced to live in places that are distant from the workplace, thereby
173 causinq financial and social stress upon the families of such employees. In addition, an
174 inadequate supply of workforce housing would discourage prospective businesses from
175 locating in Vir-ginia Beach: and
176
177 (e) Workforce housing is not housing of inferior quality or design, nor will it
178 adversely affect the value of homes in the vicinity. As required by the provisions of this
179 Article, the exterior of workforce housing units will be essentially indistinctuishable from
180 non -workforce housing units of the same housing type, and the overall quality of
181 construction of the interior of workforce housing units will be comparable to that of non-
182 workforce housing units. Workforce housing units within mixed-use developments, will
183 be subiect to applicable design standards set forth in the Comprehensive Plan. In
184 addition, workforce housing units will be integrated into the residential component of a
185 mixed-use development, rather than being located in discrete areas within that
186 component.
187
188 COMMENT
189
190 The section sets forth findings concerning the need for workforce housing in subsections (a)
191 through (d). Subsection (e) expresses a finding that workforce housing is not substandard or
192 inferior, and explains the basis for that finding, which is reflected in the requirements for
193 workforce housing units set forth in Section 2106.
194
195 Sec. 2102. Definitions.
196
197 As used in this article, the following terms shall be defined as follows:
198
199 (a) Affordable. Housing is considered affordable by a purchaser if no more
200 than approximately 30% of the gross household income of the purchaser is spent on
201 direct housing costs, which include mortgage principal, interest, taxes and insurance,
202 but not homeowners' association dues, condo fees, utilities or other related housing
203 costs.
204
205 Affordability Level Statement A statement of the number of workforce
206 housing units that are affordable to qualified buyers at 80%, 90%, 100%, 110% and
207 120% of Area Median Income, respectively or to qualified renters at 60%, 70%, 80%
208 and 90% of Area Median Income.
209
210 (b) Area Median Income (AMI) — The household income that one-half of the
211 household incomes in a specific area are below and one-half are above. References in
212 this Article to Area Median Income shall be to the Area Median Income for the Virginia
213 Beach-Norfo Ik- Newport News, Vinginia Metropolitan Statistical Area (MSA), which is
214 Published annually by the U.S. Department of Housing and Urban Development (HUDI
215 and is adousted for household size.
216
217 (c) Bonus Density —An increase in the maximum allowable dwelling unit
218 density on a Property aftributable to the provision of workforce housing on that Property.
219
220 (d) Qualified Buyer - A person whose Workforce Housing application has
221 been approved and who meets the home ownership requirements of the Workforce
222 Housing Program. These requirements center on gross annual income, financial
223 assets, and location where one works and lives. To purchase a Workforce Housing
224 Unit, annual gross income must generally be between 80% and 120% of Area Median
225 Income.
226
5
227 (e) Qualified Renter — A person whose Workforce Housing application has
228 been approved and who meets the rental requirements of the Workforce Housing
229 Program. These requirements center on gross annual income, financial assets, and
230 location where one works and lives. To rent a Workforce Housing Unit, annual gross
231 income must generally be between 60% and 90% of Area Median Income.
232
233 (0 Stratec
ikc Growth Area (SGA) — Areas of the City that are designated in the
234 Comprehensive Plan to absorb most of City's future growth, both residential and non -
235 residential. These areas, which are planned for more intensive uses than most other
236 areas of the City, are characterized by the integration, not separation, of diverse but
237 compatible uses including, where appropriate, residential uses.
238
239 6g) Workforce Housing (WFH) — Housing that is generally affordable to
240 households with working members who live or will be living in the City of Virginia Beach.
241 For home ownership, it is housing that is priced to be affordable to households with
242 annual incomes between 80% and 120% of AMI. For rentals, it is housing that is priced
243 to be affordable to -households with annual incomes between 60% and 80% of AMI
244
245 (h) Workforce Housing Discount — The difference in sales price between a
246 market rate unit and an equivalent Workforce Housing Unit. This amount is calculated
247 to be the reduction in sales price necessary to make a Workforce Housing Unit
248 affordable to a household at a targeted income level.
249
250 (i) Workforce Housing Unit (WFH Unit) - A dwelling unit that is reserved for
251 sale or rent by a Qualified Buyer or Qualified Renter, as the case may be, at a price
252 incorporating the workforce housing discount. Workforce housing units are constructed
253 as a result of the bonus density provisions that allow the construction of a greater
254 number of dwelling units on a specific parcel of land than is otherwise allowed in
255 exchange for the provision of workforce housing on the parcel.
256
257 COMMENT
258
259 The section contains definitions of various terms used in the ordinance.
260
261 Sec. 2103. Areas of applicability.
262
263 The Workforce Housing'Overlay District shall be limited to property in areas of
264 the City in which increased density of residential development is consistent with the
265 Comprehensive Plan, including Strategic Growth Areas; provided, however, that no
266 Property within any Accident Potential Zone or Noise Zone of 65-70 dB DNL or greater
267 or any Property in the R-10 through R-40 Residential Districts shall be included within
268 the District.
269
270
271
272
273 COMMENT
274
275 The section limits areas in which the Workforce Housing Overlay District may be created to
276 those areas in which increased density is consistent with the Comprehensive Plan. Such areas
277 include, but are not limited to, Strategic Growth Areas. The section also prohibits the Overlay in
278 AICUZ Noise Zones of 65-70 dB DNL or higher and in the R-10 through R-40 Residential Districts.
279
280 Sec. 2104. Allowed uses.
281
282 (a) All development within the Workforce Housing Overlay District, including,
283 but not limited to, uses, site layout, building design, open space, parking and other
284 improvements shall conform to the land use plan approved by the City Council in
285 accordance with the provisions of this Article. The approved land use plan shall
286 supersede any conflicting provisions of the underlying zoning district, but shall conform
287 to all requirements of the Subdivision Ordinance except those for which a variance has
288 been granted.
289
290 (b) Within the Workforce Housing Overlay District, uses shall be allowed in
291 accordance with the use regulations of the underlying zoning district, provided,
292 however, that where the underlying zoning district is residential, single-family, duplex,
293 semi-detached, aftached and multiple -family dwellings shall be allowed notwithstan±M
294 any contrary provision of the regulations of the underlying zoning district.
295
296 COMMENT
297
298 Subsection (a) provides that development within the Workforce Housing Overlay District
299 must conform to the land use plan approved by the City Council. Land use plans supersede the
300 zoning regulations of the underlying zoning district, thereby allowing for greater flexibility in
301 designing developments containing workforce housing (within the limits of City Council approval).
302
303 Subsection (b) limits the uses allowed in the Workforce Housing Overlay District to those
304 uses allowed in the underlying zoning district, with the exception that all forms of dwelling units are
305 allowed where the underlying zoning district is residential.
306
307 Sec. 2105. Applications; Workforce Housing Overlay District land use plan.
308
309 (a) In addition to anV other information generally required for rezoning
310 applications, applications for the Workforce Housing Overlay District shall contain the
311 following information:
312
313 (1) A survey of existing site conditions, including trees, contours,
314 floodway, flood fringe, waters, wetlands and other natural features!
315
316 (2) A narrative statement of planning objectives for the proposed
317 development;
318
M
319
(3) A
construction schedule, including a schedule of construction of
320
workforce housing units-,
321
322
(4) A detailed land use plan, which shall, at a minimum, consist of:
323
324
A.
Architectural elevations for proposed structures, including
325
building materials and color%
326
327
B.
A general landscape plan and tree preservation plan',
328
329
C.
A detailed description of the differences in size, interior
330
layout and construction materials between workforce
331
housing units and other dwelling units of the same type;
332
333
D.
An Affordability Level Statement-,
334
335
E.
The total area to be included in the Workforce Housing
336
Overlay District as part of the application;
337
338
F.
The location of residential uses and total number and type of
339
proposed dwelling units, including the location, number and
340
type of workforce housing units;
341
342
G.
Types of nonresidential uses proposed, if any, including the
343
area and gross floor area proposed for such nonresidential
344
development;
345
346
H.
Gross floor area of all structures-,
347
348
1.
Location of all buildings, streets, alleys and pedestrian
349
walkways;
350
351
J.
Regulations governing height, setbacks, floor area ratio, lot
352
coverage, impervious surface, accessory structures (sheds,
353
swimming pools, etc,), signs and fences:
354
355
K.
Number and location of parking spaces, including parking
356
structures;
357
358
L.
Proposed improvements to ad*acent public streets;
359
360
M.
Open space and recreation areas, including areas inside
361
buildings;
q4_6
363 N. Green development features, such as porous paving or
364 pavers, native plant landscaping, reduced street lengths,
365 reduced pavement width, bio -retention islands, shared
366 parking, vegetated swales in lieu of curb and guffer or other
367 features of development intended to enhance environmental
368 quality.
369
370 (b) No substantial modifications of the approved land use plan shall be
371 allowed except pursuant to an amendment to such plan approved by the City Council in
372 accordance with the procedures set forth in Section 107 of this ordinance. For
373 purposes of this section a "substantial modification" shall include any changes to the
374 approved land use plan that, in the Oudgment of the Planning Director, are not clearly in
375 keeping with the intent of the City Council in approving the plan. The term shall also
376 include any modifications of the number, location, desi-gn or affordability level o
377 workforce housing units.
378
379 COMMENT
380
381 Subsection (a) sets forth the application requirements for the Workforce Housing Overlay
382 District. Those requirements include a number of items that are unique to workforce housing
383 applications, including a construction schedule for workforce housing units, architectural
384 elevations, a statement of the number of units at specified levels of affordability, and a description
385 of green development features.
386
387 Subsection (b) specifies the procedure for modification of an approved land use plan for a
388 Workforce Housing Overlay District.
389
390
391 Sec. 2106. Bonus density; workforce housing unit requirements.
392
393 The dwelling unit density in the Workforce Housing Overlay District may be
3�1 � increased by a maximum of thirty per cent (30%) over the density allowed in the
395 underlying zoning district if all of the following conditions are met:
396
397 (a) Not less than seventeen per cent (17%) of the total number of dwelling
398 units are workforce housing units. In the event the maximum allowable density is not
399 increased by thirtV (30) per cent, the percentage of workforce housing units required
400 shall maintain the same ratio of thirty (30) per cent to seventeen (17) per cent;
401
402 (b) Workforce housing units shall be integrated into the development to the
403 same extent as other dwelling units and shall not be clustered in discrete locations
404 separate from other dwelling units;
405
406 (c) The construction of workforce housing units shall reasonably coincide with
407 that of other units-,
408
409 (d) Workforce housing shall conform to the Workforce Housing Deajo
410 Criteria and any other applicable design standards in the Comprehensive Plan,
411 including, but not limited to, the following standards:
412
413 (1) The exterior of workforce housing units shall have the same
414 building materials and finish, and be effectively indistinguishable
415 from, non -workforce housing units of the same housing type;
416
417 (2) Workforce housing units shall be comparable in bedroom mix,
418 design, and overall quality of construction to the market rate units in
419 the development, except that workforce housing units shall not be
420 required to exceed three (3) bedrooms per unit; and
421
422 (3) The square footage and interior features of workforce housing units
423 shall not be required to be the same as other dwelling units in the
424 development units, so long as they are reasonably similar in size
425 and quality and are consistent with the current building standards
426 for new housing in the City of Virginia Beach.
427
428 COMMENT
429
430 The section sets forth the bonus density provisions and the requirements for a development
431 to qualify for the bonus density. It also sets forth requirements pertaining to the quality and design
432 of workforce housing units and their integration into a development.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 12007.
CA -1 0396
V:\applications\citylawprod\cycom32\Wpdocs\DO21 \PO02\00033802. DOC
R-6
August 16, 2007
APPROVED AS TO CONTENT:
PlanAng Departr�ent
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
10
Items I I & 12
City of Virginia Beach
An Ordinance to Amend the Comprehensive Plan by revising
Chapter I (Introduction and General Strategy), Chapter 10
(Housing and Neighborhoods), and the Appendix of the Policy
Document by incorporating Location Guidelines for Workforce
Housing
City of Virginia Beach
An Ordinance to Amend the City Zoning Ordinance by Amending
Section 102, Establishing the Workforce Housing Overlay District;
Amending Section 900, Pertaining to the Legislative Intend of the
B-4 Mixed Use District, the B -4C Central Business District, the
B -4K Historic Kempsville Area Mixed Use District; and by adding
A new Article 20 Consisting of Section 2000 through 2006, Pertaining
To Definitions, Applicability, Permitted Uses, Density Bonuses,
Plan Requirements and Required Features of Development in
Workforce Housing Overlay District
June 13, 2007
REGULAR
Dorothy Wood: Mr. Chairman? May I read the next two together, the City of Virginia
Beach?
Barry Knight: Mr. Macali? Would that be appropriate on agenda items I I and 12?
Dorothy Wood: The next two items are Items 11 and 12. Item I I is an Ordinance to
amend the Comprehensive Plan by revising Chapter 1, Chapter 10 and the Appendix to
incorporate the Location Guidelines for Workforce Housing. Item 12 is an Ordinance to
Amend the City's Zoning Ordinance by amending Section 102, Establishing the
Workforce Housing Overlay District, Amending Section 900 Pertaining to the Legislative
Intent of B-4 Mixed Used District, The B -4C Central Business Mixed Used District and
the B -4K Historic Kempsville Area Mixed Used District and by adding a new Article 20
Consisting of Sections 2000 through 2006 Pertaining to Definitions, Applicability,
Permitted Uses, Density Bonuses, Plan Requirements and the Required Features of the
Workforce Housing Overlay Districts. Mr. Macali will speak on this Mr. Chairman.
Barry Knight: Okay. Mr. Macali, are you going to share duties on speaking on this?
Would you like to start first?
Bill Macali: It is entirely up to the Conunission. I'll be happy to do that, or perhaps Ms.
Prescott could give her presentation.
Barry Knight: Ms. Prescott? Welcome Sharon.
Items 11 & 12
City of Virginia Beach
Page 2
Sharon Prescott: Good afternoon Chairman and members of the Commission. I'm
Sharon Prescott and I work with the Department of Housing and Neighborhood
Preservation. I'm going to briefly go over where we've been and where we're going with
this program. In May 2006, the Planning Commission ormed the Workforce Housing
Subcommittee. Then in November 2006, the Planning Commission and Council were
briefed on our Workforce Housing Report. I would like to say this has been a very open
and inclusive collaborative process. In fact, we actually have some of our members from
our committees here today. I would like to recognize them quickly. We have Frank
McKinney, Chandler Scarborough, Ron Ripley, Rob Rashenberg, Andy Friedman,
Claudia Cotton, and Steve Lawson. These members represent their real estate
community, neighborhood organizations, as well as our development communities and
City staffi Where we're going today, we're briefing our Planning Commission. On July
10, we will be briefing City Council on the program. On August 14, we will have a
public hearing and hopefully a vote from City Council on our package. So, what is
Workforce Housing? It's a term that we have defined for Virginia Beach as follows: it
will be serving households with incomes between $36,000 and $77,000, which is up to
about 120 percent of the area median income. It will be decent, safe, and appropriate and
affordable housing for our citizens, and it is, wherever possible, created as portion of
market rate development. It can be any kind of housing unit such as a single-family,
condo, town -home. It can be sold to a qualified buyer, and the sales price of the housing
will vary based on the market conditions. Units meet quality and design guidelines and
generally are indistinguishable from market rate units. So, you're not going to be able
drive through a community and point them out. It is also important to understand what
Workforce Housing isn't. It is not a government subsidiary program. It is not a windfall
for developers or buyers. It does not involve placing price controls on the resale of the
housing. It is not mandatory. That is a very important part of this. It is truly a voluntary
program. It does not propose to change the nature or the character of our existing low-
density neighborhoods. It does not depend on either the developer or other buyers to
subsidize the workforce buyers. The basics of the program are to encourage the
development of high quality affordable housing that targets people who live, work, or
will be working in the City of Virginia Beach, whose incomes are between 80 and 120
percent of area median income for home ownership, and between 60 to 90 percent for
those households who will be renting. The lowest density rate is going to be if they get a
30 percent increase in their density, 17 percent of the total number units in the
development would be set aside as workforce units. Where are we going to put this?
We're looking at the Strategic Growth Areas that are not impacted by AICUZ and other
areas that City Council would deem appropriate. There would also be a discounted unit
sales price for the workforce unit. This is what makes them affordable. The discount is
going to be captured in the form of a soft second mortgage, as well as some share
appreciation. These fimds can be rolled back in to units as they are turned over to keep
the units affordable for the future. Everybody wants to know what type of income are we
talking about? Our sales transactions are actually going to be through a non-profit so the
City is not involved in the selling of the units from the developer to the end user. So,
who are we talking about income wise and the cost of the housing? The chart up there
will show you households that are at 120 percent. If you had a household of one, there
Items I I & 12
City of Virginia Beach
Page 3
maximum income would be $53,800 based on today's AMI, and the maximum workforce
sales price for that household of one would be $179,000. Bumping that up to a household
of four, their income could be $76,900 and the sales price could be $256,000. As you go
through the income range as the prices will change but example of a household at 80
percent afford an income of $51,300, they would be able to purchase a house at
$170,000. That is considered affordable. How does it work? If a developer, by -right,
could put 100 units on a parcel of land, and he came through the program and was asking
for the 30 percent increase in his density, he would be able to build 22 new units of
workforce housing and eight additional units of market rate housing for a total of 130
units on the property. So, he has a combination of his increased density of both market
rate and workforce housing. And how does this affect his profit margin? We've run
many mathematical models on this to make sure that our logic and our math works.
From what we can tell, the profit margin for the developer stays the same. They are not
harmed or are putting themselves at risk to do this. For the buyer, a buyer going in would
be looking to purchase a house that would be really the market rate price which would be
$240,000 for example. But his actual price would be $180,000. That $60,000 represents
a 25 percent discount that the developers discount the price on based on getting the
density increase. That is the portion that would be captured in that soft second. This is
part of our mathematical logic and models that we have been running where you can see
the recaptured is going to be tied to the market so as the market increases and the value of
the house increases, our soft second is going to increase proportionally. So, if the buyer
went in with 25 percent discount when the exit the property, the City would recapture 25
percent of the property's value there subsidiary to go back to making the units affordable.
The last page is a map of those two strategic growth areas where we know the program
would be appropriate, as well as other areas that City Council might decide to deem
appropriate for this program. Are there any questions?
Barry Knight. Are there any questions of Ms. Prescott? Okay. Thank you very much. It
was very thorough. Mr. Macali, she gave a very thorough presentation. Do you have
anything you care to add?
Bill Macali: Not on the aspects of the program that Ms. Prescott covered. If the
Commission wants a description of what the zoning amendments do, I'll be happy to do
that either through the PowerPoint that was given to you this morning or from here.
However the Commission desires it.
Barry Knight: I think from there would be fine.
Bill Macali: What the amendments do essentially is to create a zoning ordinance by
which Workforce Housing, the construction of Workforce Housing, would be
incentivized essentially. What we would do is to create a Workforce Housing Overlay
District, which is to say is like a PD -H2 District, where there is a underlying zoning
district, which would not change, but property upon application to the City Council
would be rezoned to include the Workforce Housing Overlay District. It would be an
option only in certain areas of the city, which would be areas that in which increased
Items 11 & 12
City of Virginia Beach
Page 4
density is deemed appropriate by the Comprehensive Plan. Those areas include but are
certainly not limited to, Strategic Growth Areas, and we also think that the program
would be especially appropriate in the City's Mixed Use districts, which consists of the
B-4 Mixed Used District, which is throughout the City, the B -4C Mixed Use District,
which is next to the Town Center, and the B -4K Historic Kempsville Area Mixed Use
District. Essentially an applicant who wanted to provide affordable workforce housing
would come in, apply to the City Council to have their Workforce Housing Overlay
District put on this property, and if that is done, then the number of total residential
dwellings, could be increased by a total of 30 percent so long as certain requirements are
met. Those requirements are set forth in your ordinance. I don't believe that the
Commission wants me to go over one by one. Seventeen percent of the total number of
units would have to be workforce housing units. Now, the Workforce Housing units do
have certain requirements. Chiefly, among them is the fact that they must be visually
indistinguishable from market price units of the same type. The quality and the interior
have to be compatible to the market price units. They cannot be segregated in one part of
the development but have to be interspersed throughout it, and they have to meet certain
quality standards, which is part of your Comprehensive Plan amendments as well. I'm
not sure whether or not the Commission wishes me to go into any further detail. I can
certainly talk about it some more, but I have a feeling that the commission is well versed
in it, especially after the presentation this morning. Perhaps at this point, I could just offer
to try and answer any questions that anyone may have.
Barry Knight: Thank you. I think that would be appropriate. Are there any questions of
Mr. Macali at this time? Okay. Is there any discussion? We'll open it up for discussion.
Ms. Wood?
Dorothy Wood: May I please just introduce my very good friend Father Jim Parks. I
don't think he was introduced before. He has been working with Empower Hampton
Roads for many years. He has certainly has been a leader in helping with housing. It is
always good to see you Father.
Barry Knight: Thanks for being here. Is there any discussion? Ms. Anderson?
Janice Anderson: I am very supportive of the ordinance with the Workforce Housing and
going forward it. The committee has been working on it seems like years. And, it is very
nice to see that it is finally here and moving forward. But, I do have a problem with, and
as I spoke earlier, is with the second application, which is the actually ordinance, and
especially under Section 2004 of that. It is on Page 7. It is under allowed uses under
"B". It is my understanding that this Workforce Overlay won't apply to noise zones 65
dB and above orwill it apply to R-10 and above. But it could apply to R -5S, R -5D, R-
7.5. These are all zonings that have single-family. With Section "B", and the way it is
worded, you can actually change the character of those neighborhoods if they are going
through redevelopment to where you have single-family neighborhood and they can
redevelop it and have duplexes or multi -family dwellings in there. I don't think that is
what we're looking for, a possible change in the existing character of those
Items I I & 12
City of Virginia Beach
Page 5
neighborhoods. I would like to see "B" just stopped right after the first sentence. It says
"within the Workforce Housing Overly District uses shall be allowed in accordance with
the use, regulation of the underlying zoning districf 'and end it there and not have
provision where you can increase density in single-family residential zones.
Barry Knight: Okay. Mr. Macali? You've heard Ms. Anderson's concerns. Can you
address that?
Bill Macali: Well, I think first, keep in mind that even if is only single-family dwellings,
which would be able to be built in those zoning districts, the density can still increase.
For instance, if someone in the R-5 District could build ten single-family homes under
the Workforce Housing regulations, he would be able to build thirteen so long as...
Janice Anderson: If they would stay single-family. Right. Okay.
Bill Macali: Yes. It is not really an increase in density. I think the other factors that we
had in mind in allowing other dwellings to be built was first that the dwelling units that
are Workforce Housing units have to be indistinguishable from the other kinds of market
price units. Secondly, by allowing multi -family dwellings rather than single-family
dwellings that certainly does decrease the amount of land in any given district that is used
for housing that would have the other affect of increasing the amount of open space. I
think more than anything else, we have been shown a number of examples in other
localities where this has been the case. I think the best thing to say about it is that it has
been successful. You really can't tell that the dwellings are not single-family dwellings
and we just thought that added flexibility given the limitations that were just mentioned,
and also the fact that the City Council has to approve any development no matter what. It
was basically enough to convince us that it was something that we should at least try out
in the ordinance.
Barry Knight: Do you have any more questions of Mr. Macali?
Janice Anderson: No.
Barry Knight: Discussion? Mr. Crabtree?
Eugene Crabtree: Just one other item. First all, I just want to congratulate the Planning
Commission for putting this together and the Workforce Committee and the wonderful
job that it did. One comment that I wanted to make is that I've gone with all time, and
the final thing that they come out with, I do see as to where single parent type homes do
fall into the category now that could be include in affordable housing where in the early
part we've seen to exclude them, but now single parent homes and single occupancy
seem to be included in this now. I'm really pleased to see that they got that in the
ordinance in the final result. I think that is a big benefit to the city.
Barry Knight: Thanks. Is there any other discussion? The Chair will entertain a motion.
Items I I & 12
City of Virginia Beach
Page 6
Eugene Crabtree: Do we have to do the two separate?
Barry Knight: We can lump them together Mr. Macali.
Bill Macali: Yes sir. That is not a problem as along as they are separately identified.
Eugene Crabtree: I make a motion that we approve item I I and 12 as presented to the
Commission.
Barry Knight: There is a motion on the table. Do I have a second?
Donald Horsley: I'll second it. I have a question.
Barry Knight: Sure. There is a motion on the table by Gene Crabtree and seconded by
don Horsley to approve agenda item I I and 12. I'll open it back up for discussion. Mr.
Horsley9
Donald Horsley: Do we have any speakers?
Barry Knight: Ms. Wood?
Dorothy Wood: No, we do not.
Donald Horsley: You don't have any speakers?
Dorothy Wood: No sir.
Donald Horsley: Roll on.
Dorothy Wood: There not in my cards sir if they want to speak.
Barry Knight: Thank you for checking up on us.
Dorothy Wood: Would you like speakers?
Donald Horsley: No. The committee did an excellent job with it.
Barry Knight: Before we vote, you've heard all the Commission between the informal
session and formal session talk about the amount of work that has gone into this thing
between the staff, but in more particularly, the private citizens who got involved to try
and make Virginia Beach a community for everybody including this workforce housing.
We just really, really want to thank you for doing so much leg work and getting citizen
involvement, because you're the developers. You're the religious aspect. You help the
poor. You're just a broad spectrum of the whole entire City. Dog gone it, we couldn't
have made a better choice than to pick Chairman Ron Ripley. Ron, we really want to
Items I I & 12
City of Virginia Beach
Page 7
thank you. Just because you were a former Planning Commissioner didn't have anything
to do with the accolade you just received. Anyways, thank you all very, very much
again. So, there is a motion on the floor by Gene Crabtree and seconded by Don Horsley
to approve item 11 and 12. 1 will now call for the question.
AYE 10 NAY 0
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
STRANGE
WOOD
AYE
ABS 0 ABSENT1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved item I I and 12.
Barry Knight: Tbank you.
M. APPOINTMENTS
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
WORKFORCE HOUSING ADVISORY BOARD
N. UNFINISHED BUSINESS
0. NEW BUSINESS
P. ADJOURNMENT
CITY OF VIRGINIA BEACH
BRIEFINGS
SUMMARY OF COUNCIL ACTIOM
A
ELIZABETH RIVER PROJECT
Clay Bernick,
Environmental
V
0
1
Management
DATE: August 21, 2007
M
B
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Administrator
C
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Ma�orie Mayfield
C
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ITEM # SUBJECT MOTION VOTE
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I/
BRIEFINGS
A
ELIZABETH RIVER PROJECT
Clay Bernick,
Environmental
Management
Administrator
Ma�orie Mayfield
Jackson,
Executive
Director,
Elizabeth River
Project
B
2008 COMMUNITY LEGISLATIVE AGENDA
Robert Matthias,
ADDITIONS
Assistant to the
City Manager
II/A
CITY COUNCIL DISCUSSION
2008 HEALTH CARE PLAN
III/
IV/
V/
VI/
E
CERTIFICATION OF CLOSED SESSION
CERTIFIED
10-0
Y
y
y
Y
y
Y
Y
Y
A
Y
Y
F
MINUTES
Informal/Formal Sessions August 14,2007
APPROVED
10-0
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
Y
G/H/
PUBLIC COMMENT
WORKFORCE HOUSING
STAFFREPORT/
7SPEAKERS
PUBLIC HEARING
LEASE OF CITY -OWNED PROPERT
3SPEAKERS
Parkin,—, Lynnhaven Municipal Marina
2
AMEND FY -2007-08 CAPITAL BUDGET
NO SPEAKERS
Witchduck Road– Phase I
CITY OF VIRGINIA BEACH
Ordinance to AUTHORIZE a lease of Cit�,
ADOPTED/
8-2
Y
Y
Y
Y
Y
N
N
Y
SUMMARY OF COUNCIL ACTIOPS
Y
Y
K-1
owned property at Lynnhaven Municipal
AMENDED ORD
Marina for use by the Chick's Oyster Bar
"FOR
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EMPLOYEE
DATE: August 21, 2007
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PARKING
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A
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ITEM # SUBJECT MOTION VOTE
p
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A
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Ordinance to AUTHORIZE a lease of Cit�,
ADOPTED/
8-2
Y
Y
Y
Y
Y
N
N
Y
A
Y
Y
K-1
owned property at Lynnhaven Municipal
AMENDED ORD
Marina for use by the Chick's Oyster Bar
"FOR
EMPLOYEE
PARKING
ONLY" FOR A
PERIOD OF 4
MONTHS
2
Ordinance to EXTEND for satisfying conditions
REMOVED
10-0
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
Y
re closure of porions of Mathews Green east of
FROM
Princess Anne Road (DISTRICT 7— PRINCESS
AGENDA,BY
ANNE)
CONSENSUS,
AS APPLI(-.ANT
COMPLIED ON
1
8/20/07
3
Ordinance toACCEPT/APPROPRIATE
ADOPTED BY
10-0
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
Y
$15,000 from Depart of CriminalJustice to the
CONSENT
Police re recruitmenti-etention of minorities
4
Resolution appointing Elena E. llardi as
ADOPTED BY
10-0
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
Y
Assistant City Attorney effective September 1,
CONSENT
2007
APPOINTMENTS
RESCHEDULED
B
Y
C
0
N
S
E
N
S
U
S
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
VIRGINIA BEACH COMMUNITY
DEVELOPMENT CORPORATION
AGRICULTURAL ADVISORY COMMSSION
APPOINTED
10-0
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
Y
4 Yr Term 10AI07 — 9/30/11
Diane F. Horsley
PARKS AND RECREATION COMMISSION
APPOINTED
10-0
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
Y
3 Yr Term 9/1/07— 8/31/07
Michael Pankow— At Large
Betty L. Warren— Rose Hall
Caren J. Yarbrough- Kempsville
PUBLIC LIBRARY BOARD
APPOINTED
10-0
Y
Y
Y
Y
Y
Y
Y
Y
A
Y
Y
3 Yr Term 9/1/07 — 8/31/07
Karl F. Morrison
Lloyd Thomas
CITY OF VIRGINIA BEACH
RECESS TO CLOSE SESSION RE
APPROVED
10-0
y
y
y
y
y
Y
Y
Y
SUMMARY OF COUNCIL ACTIOM
Y
y
ON
PERSONNEL/APPOINTEE EVALUATION
@ 7:28PM
V
0
1
CERTIFICATION OF CLOSED SESSION
CERTIFIED
DATE: August 21, 2007
y
A
y
y
y
M
B
Y
L
y
y
ON
D
C
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L
E
D
M/N/
H
8:22 P.M
C
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A
w
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ITEM # SUBJECT MOTION VOTE
p
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S
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ADD
RECESS TO CLOSE SESSION RE
APPROVED
10-0
y
y
y
y
y
Y
Y
Y
A
Y
y
ON
PERSONNEL/APPOINTEE EVALUATION
@ 7:28PM
ADD
CERTIFICATION OF CLOSED SESSION
CERTIFIED
9-0
y
A
y
y
y
y
y
Y
A
y
y
ON
@ $20 PM
M/N/
ADJOURNMENT
8:22 P.M
CITYWIDE TOWN MEETTNGS
October 16, 2007 Location to be Announced- 7:15 pm
FY2008-2010 Budget
January 15,2008 Location to be Announced — 7:15 pm
Stormwater Plans and Funding