FEBRUARY 5, 2008 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYORMEYERA E. OBERNDORF, At-LArge
VICE MAYOR WUIS R. JONES. Bayside - District 4
WILUAM R. DeSTEPH. At-LArge
HARRY E. DlEZEL, Kempsville - District 2
ROBERT M. DYER.. Centerville - District I
BARBARA M. HENLEY. Princess Anne - District 7
REBA S. McCLANAN, Rose Hall - District 3
JOHN E. UHRIN. Beach - District 6
RON A. VILLANUEVA, At-LArge
ROSEMARY WILSON. At-LArge
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 234568005
PHONE:(757) 385-4303
FAX (757)385-5669
E-MAIL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESUE L. UUEY
CITY CLERK - RUTH HODGES FRASER. MMC
05 FEBRUARY 2008
I.
CITY COUNCIL BRIEFINGS
- Conference Room -
2:00 PM
A. VOLUNTEER OFFICE RESOURCES Annual Report
Mary Russo, Director
B. SPSA Financial Analysis
John Hadfield, Executor Director
II. CITY MANAGER'S BRIEFING
A. ECONOMIC DEVELOPMENT STRATEGY IDIVERSIFICA TION
R. Steven Herbert, Chief Development Officer
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. REVIEW OF AGENDA
VI. INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Jim Young
Wycliffe Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
I. INFORMAL AND FORMAL SESSIONS
January 22, 2008
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. ORDINANCESIRESOLUTION
I. Ordinances to AUTHORIZE temporary encroachments into portions of City property:
a. MICHAEL H. and DARLENE KAY KW AITKOWSKI to construct and
maintain a proposed bulkhead, pilings and pier at Sand Broad Inlet and Pike Inlets
adjacent to 348 Tuna Lane. (DISTRICT 7 - PRINCESS ANNE)
b. TOWN CENTER ASSOCIATES 6, L.C.C. and STUDIO 56
CONDOMINIUM at Town Center Owners Association, Inc. to maintain:
(i) two (2) existing canopies/signs at Market Street
(ii) existing canopy/sign at the Public Plaza
(iii) eight (8) balconies at Bank Street
(iv) twenty-four (24) balconies at Market Street
(DISTRICT 5 - L YNNHA VEN)
J. PLANNING
I. Application of BONAVENTURE INVESTMENTS, LLC re Modification of a
Conditional Change of Zoning request (approved by City Council on December 12, 2006
for Ocean Properties, LLC) at Centerville Turnpike and Lynnhaven Parkwayre proffers
to allow a new site design, reduction of the retail space floor area and increase the number
of dwelling units.
RECOMMENDATION:
APPROVAL
K. APPOINTMENTS
COMMUNITY SERVICES BOARD (CSB)
HUMAN RIGHTS COMMISSION
PERSONNEL BOARD
RESORT ADVISORY COMMISSION (RAC)
1. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
Agenda 02/05/2008 gw
www.vbl!.ov.com
CITY COUNCIL'S SCHEDULE
City-wide Town Meeting
Stormwater Plans and Funding
February 19, 2008
Virginia Beach Convention Center 7 - 9 PM
PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS
April 8 (Workshop)
April 15 (Workshop)
April 17 (Public Hearing)
April 22 (Workshop)
April 22 (Public Hearing)
April 29 (Workshop)
May 6 (Reconciliation Workshop)
May 13 (Adoption)
Council Conference Room
Council Conference Room
Green Run High School- 6 p.m.
Council Conference Room
Council Chamber - 6 p.m.
Council Conference Room
Council Conference Room
Council Chamber - 6 p.m.
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
I I
I. CITY COUNCIL BRIEFINGS
- Conference Room -
2:00 PM
A. VOLUNTEER OFFICE RESOURCES Annual Report .
Mary Russo, Director
B. SPSA Financial Analysis
John Hadfield, Executor Director
II. CITY MANAGER'S BRIEFING
A. ECONOMIC DEVELOPMENT STRATEGY IDIVERSIFICA TION
R. Steven Herbert, Chief Development Officer
Ill. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. REVIEW OF AGENDA
! I
VI. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
4:00 PM
VII. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Jim Young
Wycliffe Presbyterian 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
January 22, 2008
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. ORDINANCESIRESOLUTION
1. Ordinances to AUTHORIZE temporary encroachments into portions of City property:
a. MICHAEL H. and DARLENE KAY KW AITKOWSKI to construct and
maintain a proposed bulkhead, pilings and pier at Sand Broad Inlet and Pike Inlet
adjacent to 348 Tuna Lane. (DISTRICT 7 - PRINCESS ANNE)
b. TOWN CENTER ASSOCIATES 6, L.C.C. and STUDIO 56
CONDOMINIUM at Town Center Owners Association, Inc. to maintain:
(i) two (2) existing canopies/signs at Market Street
(ii) existing canopy/sign at the Public Plaza
(iii) eight (8) balconies at Bank Street
(iv) twenty-four (24) balconies at Market Street
(DISTRICT 5 - L YNNHA VEN)
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize Temporary Encroachments into portions of City
properties known as Sand Broad Inlet and Pike Inlet located adjacent to 348
Tuna Lane for Michael H. and Darlene Kay Kwiatkowski
MEETING DATE: February 5, 2008
. Background:
Mr. and Mrs. Kwiatkowski have requested permission to construct and maintain a
proposed bulkhead, pilings, and pier into portions of City properties known as
Sand Broad Inlet and Pike Inlet located adjacent to 348 Tuna Lane in the
Sandbridge section of the City of Virginia Beach.
. Considerations:
City Staff has reviewed the requested encroachments and has recommended
approval of same, subject to certain conditions outlined in the Agreement.
There are similar encroachments in Sand Broad Inlet and Pike Inlet which are
part of the waterways at Sand bridge and the location for the proposed
encroachments.
In accordance with the recommendations of City Council to help address water
quality protection in conjunction with Temporary Encroachments onto City
property, the requested encroachments have been reviewed by the Department
of Planning/Environmental Management Center. Staff is of the professional
opinion that the establishment of a 15 foot wide vegetated riparian buffer area
consisting of under story trees and shrubs in a mulched bed running the entirety
of the shoreline adjoining the applicant's property is feasible and warranted to
help reduce long term water quality impacts associated with the existing and
proposed encroachments.
The applicant has submitted a plan for establishing a 15 foot wide vegetated
riparian buffer that has been reviewed and approved by the Department of
Planning/Environmental Management Center.
. Public Information:
Advertisement of City Council Agenda
. Alternatives:
Approve the encroachments as presented, deny the encroachments, or add
conditions as desired by Council.
. Recommendations:
Approve the request subject to the terms and conditions of the Agreement.
. Attachments:
Ordinance, Agreement, Plat, Pictures and Location Map
Recommended Action:
Approval of the ordinance.
Submitting Department/Agency: Public Works/Real Estate 0D ~ pJ)
City Manager: ~., t'- ,~oP1..
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO PORTIONS OF CITY
6 PROPERTIES KNOWN AS SAND
7 BROAD INLET AND PIKE INLET
8 LOCATED ADJACENT TO 348 TUNA
9 LANE BY MICHAEL H. AND DARLENE
10 KAY KWIATKOWSKI
11
12 WHEREAS, Michael H. and Darlene Kay Kwiatkowski desire to construct and
13 maintain a bulkhead, pilings, and pier upon portions of the City's properties known as
14 Sand Broad Inlet and Pike Inlet, located adjacent to 348 Tuna Lane, in the City of
15 Virginia Beach, Virginia.
16
17 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107,
18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
19 City's properties subject to such terms and conditions as Council may prescribe.
20
21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 That pursuant to the authority and to the extent thereof contained in 99 15.2-
25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Michael H. and Darlene Kay
26 Kwiatkowski, their heirs, assigns and successors in title are authorized to construct and
27 maintain temporary encroachments for a bulkhead, pilings, and pier upon portions of the
28 City's properties as shown on the map marked Exhibit "A" and entitled:
29 "ENCROACHMENT PLAN Exhibit A Mike & Darlene Kwiatkowski 348 Tuna Lane
30 Virginia Beach, VA," a copy of which is on file in the Department of Public Works and to
31 which reference is made for a more particular description; and
32
33 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
34 subject to those terms, conditions and criteria contained in the Agreement between the
35 City of Virginia Beach and Michael H. and Darlene Kay Kwiatkowski (the "Agreement"),
36 which is attached hereto and incorporated by reference; and
37
38 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
39 is hereby authorized to execute the Agreement; and
40
41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
42 time as Michael H. and Darlene Kay Kwiatkowski and the City Manager or his
43 authorized designee execute the Agreement.
44 Adopted by the Council of the City of Virginia Beach, Virginia, on the
45 day of , 2008.
CA-10546
X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10546 Kwiatkowski Ordinance.doc
v:\applications\citYlawprod\cycom32\WPdocS\D019\P002\OO045799.DOC
R-1
PREPARED: 12/19/07
APPROVED AS TO CONTENTS
~flnar C. ~!;.Pv-..
L1C WORKS, REAL ESTATE
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made thislt;.tl-\ day of J\\O\.(jy,t'X( ,2007, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and MICHAEL H. and DARLENE KAY
KWIATKOWSKI, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee",
even though more than one.
WITN ESS ETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or
parcel of land designated and described as "LOT 150" as shown on that certain plat
entitled: "SANDBRIDGE SHORES SECTION 1 B NORTH PRINCESS ANNE
BOROUGH VIRGINIA BEACH, VA." and said plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and
being further designated, known, and described as 348 Tuna Lane, Virginia Beach,
Virginia 23456;
WHEREAS, it is proposed by the Grantee to construct and maintain a
bulkhead, pilings, and pier, collectively the "Temporary Encroachment", in the City of
Virginia Beach;
GPIN 2433-16-7094-0000
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into portions of existing City
property known as Sand Broad Inlet and Pike Inlet, collectively the "Encroachment
Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the
City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain plat entitled: "ENCROACHMENT
PLAN Exhibit A Mike & Darlene Kwiatkowski 348 Tuna Lane,
Virginia Beach, VA," a copy of which is attached hereto as
Exhibit "A" and to which reference is made for a more
particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
2
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify and hold harmless the City, its agents and employees, from and against all
claims, damages, 105ses and expenses, including reasonable attorney's fees, in case it
shall be necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Department of Planning prior to commencing any construction with the
Encroachment Area (the "Permit").
It is further expressly understood and agreed that the Grantee shall
establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width
landward from the shoreline, shall run the entire length of the shoreline, and shall
consist of a mulched planting bed and contain a mixture of shrubs and perennial plants
3
(the "Buffer"). The Buffer shall not be established during the months of June, July, or
August, so that it has the greatest likelihood of survivability. Prior to the City issuing a
Permit, the Grantee must post a bond or other security, in an amount equal to the
estimated cost of the required Buffer plantings, to the Department of Planning to insure
completion of the required Buffer. The Grantee shall notify the Department of Planning
when the Buffer is complete and ready for inspection; upon satisfactory completion of
the Buffer as determined by the City, the bond shall be released. An access path,
stabilized appropriately to prevent erosion, through the Buffer to the shoreline is
allowed.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insuranC?e as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed by the Grantee that the
Temporary Encroachment must conform to the minimum setbacks requirements, as
established by the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
4
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Michael H. and Darlene Kay Kwiatkowski, the
said Grantee, have caused this Agreement to be executed by their signatures. Further,
that the City of Virginia Beach has caused this Agreement to be executed in its name
and on its behalf by its City Manager and its seal be hereunto affixed and attested by its
City Clerk.
(THE REMAINDER OF THIS PAGE WAS LEFT INTENTIONALLY BLANK)
5
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
200_,
by
CITY
MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER.
Notary Public
Notary Registration Number:
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 200_, by RUTH HODGES FRASER, City Clerk for the CITY OF
VIRGINIA BEACH.
Notary Public
Notary Registration Number:
My Commission Expires:
6
~:t-~
Michael H. wiatkowski
J~ €1i. fwr'd/R)0J1{ ·
Darlene Kay KWI owskl
STATE OF
CITY/COUNTY OF \/f( i~ it) ;0: rx () ( h , to-wit:
The foregoi~g instrument was acknowledged before me this I (o'tk- day of
,2007, by Michael H. and Darlene Kay Kwiatkowski
'~
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ADJACENT PROPERTY OWNERS:
1. City of lIlr9inla Beach (North - Pi~ Inlet)
2. Yr. Chan... Ea1l' (~rth - across Pike Inlet)
3. City of \/Iro1nla Beach (South - Tuna Lone)
4. Yr. Brandon Sonders (Eaat - MI. Property)
5. City of \/Iroinio Beech (Previously - Back
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ENCROACHMENT PLAN
Exhibit A
Mike & Darlene Kwiatkowski
348 Tuna Lane
Virginia Beach, VA
SHEET 1 OF REVISION 0ATE:OB/,'/07
Proposed Bulkhead & Pier
Replacement Project In Bock bay
at Sand Brood Inlet and Pike
Inlet.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize Temporary Encroachments into portions of City rights-
of-way and other City property, known as Bank Street, Market Street and Parcel
Z-1 GPIN 1477-44-7718, respectively, for the adjacent property owners, Town
Center Associates 6, L.L.C., and Studio 56 Condominium at Town Center
Owners Association, Inc.
MEETING DATE: February 5, 2007
. Background:
Town Center Associates 6, L.L.C., a Virginia limited liability company, and Studio
56 Condominium at Town Center Owners Association, Inc., a Virginia
corporation, have requested permission to maintain the following encroachments
In connection with the development of the Studio 56 Condominium (the
"Building") : (i) two existing canopies/ signs over a portion of the City right-of-way
known as Market Street, (ii) an existing canopy/sign over a portion of the public
plaza known as Parcel Z-1 GPIN 1477-44-7718, (iii) eight (8) balcony
encroachments located on the north side of the Building and extending over a
portion of the City right-of-way known as Bank Street, and (iv) twenty-four (24)
balcony encroachments located on the east side of the Building and extending
over a portion of the City right-of-way known as Market Street, all adjacent to
property owned by Town Center Associates 6, L.L.C. The terms and conditions
of the temporary encroachments, if approved, will be set forth in an agreement
between Town Center Associates 6, L.L.C. and the City (the "Agreement").
. Considerations:
City staff has reviewed the requested encroachments and has recommended
approval of same, subject to certain conditions outlined in the Agreement.
. Public Information:
Advertisement of City Council Agenda.
. Alternatives:
Approve the encroachments as presented, deny the encroachments, or add
conditions as desired by Council.
. Recommendations:
Approve the request subject to the terms and conditions of the Agreement.
. Attachments:
Ordinance, Plat, Agreement, Pictures and Location Map
Recommended Action: Approval of the ordinance.
Submitting DeparbnentlAgenc,v: Public Works/Real Estate \\ t\ . f\
City Manager: ~ ~ .C5dt>Y"'-. l'YTV
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE TEMPORARY
4 ENCROACHMENTS INTO PORTIONS OF CITY
5 RIGHTS-OF-WAY AND OTHER CITY PROPERTY,
6 KNOWN AS BANK STREET, MARKET STREET
7 AND PARCEL Z-1 GPIN 1477-44-7718,
8 RESPECTIVELY, FOR THE ADJACENT PROPERTY
9 OWNERS, TOWN CENTER ASSOCIATES 6, L.L.C.,
10 AND STUDIO 56 CONDOMINIUM AT TOWN
11 CENTER OWNERS ASSOCIATION, INC.
12
13 WHEREAS, Town Center Associates 6, L.L.C., a Virginia limited liability
14 company, desires to maintain the following encroachments in connection with the
15 development of the new Studio 56 Condominium (the "Building"): (i) two existing
16 canopies/ signs over a portion of the City right-of-way known as Market Street, (ii) an
17 existing canopy/sign over a portion of the public plaza known as Parcel Z-1 GPIN 1477-
18 44-7718, (iii) eight (8) balcony encroachments located on the north side of the Building
19 and extending over a portion of the City right-of-way known as Bank Street, and (iv)
20 twenty-four (24) balcony encroachments located on the east side of the Building and
21 extending over a portion of the City right-of-way known as Market Street, all in the City
22 of Virginia Beach, Virginia.
23
24 WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107,
25 Code of Virginia, 1950, as amended, to authorize temporary encroachments into the
26 City's rights-of-way and other City property, subject to such terms and conditions as
27 Council may prescribe.
28
29 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA:
31
32 That pursuant to the authority and to the extent thereof contained in SS 15.2-
33 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Town Center Associates 6,
34 L.L.C., and its assigns and successors in title are authorized to maintain (i) two existing
35 canopies/ signs over a portion of the City right-of-way known as Market Street, as
36 identified as "Canopy/Sign A" and "Canopy/Sign B" on sheets 2 and 3 respectively on
37 the plat entitled "EXHIBIT A PLAT SHOWING CANOPY, SIGN & BALCONY
38 ENCROACHMENTS" and attached hereto as "Exhibit A" (the "Plat"); (ii) an existing
39 canopy/sign over a portion of the public plaza known as Parcel Z-1 GPIN 1477-44-7718,
40 as identified as "Canopy/Sign C" on Sheet 4 of the Plat; (iii) eight (8) balcony
41 encroachments located on the north side of the Building and extending over a portion of
42 the City right-of-way known as Bank Street, as identified as "Balcony Detail North View
43 (Bank Street)" on Sheet 5 of the Plat; and (iv) twenty-four (24) balcony encroachments
44 located on the east side of the Building and extending over a portion of the City right-of-
45 way known as Market Street, as identified as "Balcony Detail East View (Market Street)"
46 on Sheet 5 of the Plat. Copies of the Plat are on file in the Department of Public Works
47 to which reference is made for a more particular description; and
48
49 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
50 subject to those terms, conditions and criteria contained in the Agreement between the
51 City of Virginia Beach and Town Center Associates 6, L.L.C., (the "Agreement"), which
52 is attached hereto as Exhibit B and incorporated by reference; and
53
54 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
55 is hereby authorized to execute the Agreement; and
56
57 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
58 time as Town Center Associates 6, L.L.C., and the City Manager or his authorized
59 designee execute the Agreement.
60
61 Adopted by the Council of the City of Virginia Beach, Virginia, on the
62 day of ,2008.
CA 10550
PREPARED: 1/28/08
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ENVIRONMENTAL SCIENCES . GEOSCIENCES
PLANNING . SUR~YlNG . ENGINEERING
. LANDSCAPE ARCHITECTURE
5033 ROUSE DRI~, VIRGINIA BEACH, VA 23462
757-490-9264 (OFC) ~57-490-0634 (FAX)
www.msaonhne.com
SHEET 1 OF 5
PROJ. NO. 06161A DRAWN: KCR
VIRGINIA DATE: 12-27-07 SCALE: 1" = 20'
EXHIBIT A
4,08'
1,27'
BANK S1HEE7170' R/WJ
(INSTR. 12006031~39594iJr . 0:: "v 5 <05 <05
(FORMERL Y POTOMAC STREET) ~ ~ ~ G5 ~ G5 ~ G5
(M.B. 5, PG. 201) - , , 8 67'
N 89'35'48" E 8.67 100.75 (PL) .
~ 15.33' b:,
~ ~
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PARCEL Z-3
AREA=15.534 SF
OR 0.357 AC
GPIN: 1477-44-8892
.
0'1
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~
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o
:z
#221 MARKET STREET
5-STORY RETAIL
AND RESIDENTIAL
CONDOMINIUMS
SEE SHEET 2 OF 5
FOR TYPICAl BAlCONY 1 28
DETAIL 3.31' 1.28'
o
o
FEA TURES LEGEND
o PLANTER
o LIGHT POLE
l:::. FLAG POLE
PARCEL Z-1
(INS!.
/20070213000208270)
CITY OF 14RClM'A BEACH
(;PIN: 1477--/-/-7718
CANOPY, SIGN & {;j
BALCONY LOCATION
SCALE:
1" = 20'
COJINERCE S1HEE7 (81' R/W) {;j
(INSTR. 120060315000395940)
(FORMERL Y CLE't'fLAND STREET)
(M.B. 5, PG. 201)
EXHIBIT A
PLAT SHOWING
CANOPY, SIGN & BALCONY
ENCROACHMENTS
VIRGINIA BEACH
SEE SHEET 3 OF 5
FOR CANOPY /SJGN
DETAIL 'B'
RIGHT-OF-WAY
LINE
BRICK
FACE
2.30' .
:1 ~
- a:: N c:i
:g~ "':
cO LoJ 10
I'
GLASS CURTAIN WAU.
BRICK FACE
1\ in <05
II ;;:j ~~
RIGHT-OF-WAY
LINE
H.4g'
,e.'S'
CANOPY/
SIGN 'A'
I / RIGHT-OF-WAY
./ LINE
0.15' 18,18'
STUDIO 56
18,18'
CANOPY/SIGN 'A'
GlASS
CURTAIN
WAU.
CANOPY/
SIGN 'A' 4" X 6"
BOX BEAM
BRICK GLASS 'I' BEAM
FACE DOOR
BRICK FACE
GLASS
~ CURTAIN
a:i WALl
RN FLOOR
SIDEWALK
SIDEWALK
CANOPY/SIGN tAt DETAIL
SCALE: 1" = 6'
HAND
RAILS
BUILDING
RIGHT-OF-WAY
1.18't NOlE: SEE SHEET
ENCR. 1 OF 5 FOR
BALCONY CUT -OFFS BR F
: ICK ACE
~
.0
==== ~
-.0
HAND
RAILS
I BRICK FACE
CONC
BALCONY
BRICK
FACE
~
BALCONY DETAIL (TYPICAL)
SCALE: 1" = 5'
EXHIBIT A
PLAT SHOWING
CANOPY, SIGN & BALCONY
ENCROACHMENTS
]v[SA~ P .c.
EN'v1RONt.tENTAL SOENCES -GEOSCIENCES
PLANNING . SUR'v81NG . ENGINEERING
.LANDSCAPE ARCHITECTURE
5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462
757-490-9264 (OFC) ~57-490-0634 (FAX)
www.msoonhne.com
VIRGINIA BEACH
SHEET 2 OF 5
PROJ. NO. 06161A DRAWN: KCR
VIRGINIA DATE: 12-27-2007 SCALE: AS NOTED
#221 MARKET STREET
5-STORY RETAIL
AND RESIDENnAL
CONDOMINIUMS
~--
0.87'
0.48'
RIGHT-OF-WAY
LINE
METAL
COLUMN
Co.!.
O'loo
ttl~
I')
.8
SIGN LETTERING
GlASS CURTAIN WALL
BRIO<
FACE
in
~ I
....
25.00' Fresh Seafood
CANOPY/SIGN
0.75'
112
....
BRICK
FACE
GlASS CURTAIN WAll
iXl
LO
ci
....
FINISHED FLOOR
SIDEWALK
RIGHT-OF-WAY
LINE
iXl
LO
ci
....
I
I
BRIO< I
FACE I
I. /
-I \2 CANOPY
- 3.'74'4 ~ SIGN 'B'
1.85' I
2.40' I GLASS
ENCR. I CURTAIN
I WALL
I
I
I FINISHED
FLOOR
CANOPY/SIGN 'B' DETAIL
SCALE: 1" = 6'
SIDEWALK
EXHIBIT A
PLAT SHOWING
CANOPY, SIGN & BALCONY
ENCROACHMENTS
lVlSA. P.C.
ENVIRONMENTAL SCIENCES .GEOSClENCES
PLANNING . SURVEYING . ENGINEERING
. LANDSCAPE ARCHITEC1URE
5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462
757-490-9264 (OFC) '(57-490-0634 (FAX)
www.msaonhne.com
VIRGINIA BEACH
SHEET 3 OF 5
PROJ. NO. 06161A DRAWN: KCR
VIRGINIA DATE: 12-27-2007 SCALE: 1" = 6'
#221 MARKET STREET
5-STORY RETAIL
AND RESIDENTIAL
CONDOMINIUMS
\
SIDEWALK
\
\
\
8.97' _~~
::.<:Z
u:::E
tt:~
lDu
0.70' GLASS CURTAIN WALL
17.63'
~ 5 CANOPY /
17.63' ~ as SIGN 'c'
;;:;
'- RIGHT-OF-W~Y LO
LINE 0.51'
in
v
ci
4.50' -
9.65'
SIGN LETTERING
0.51'
in
~ SIDEWALK
0.55' 0
CANOPY/SIGN 'c'
0.51'
in
~
....
Fres~ Seafood
L SIGN LETTERING
GlASS
CURTAIN
WALL
a
tt:
lD
GLASS CURTAIN WAll
~
ci
....
FINISHED FLOOR
SIDEWALK
0.45'
0.55'
BRICK
FACE RIGHT-OF-WAY
LINE
5.10' in CANOPY/
I
I U)
....: SIGN 'c'
4.79'
ENCR GLASS
CURTAIN
~ WAll
""
ci
....
ANISHED
FlOOR
SIDEWALK
SIGN LETTERING
CANOPY/SIGN 'c' DETAIL
SCALE: 1" = 6'
EXHIBIT A
PLAT SHOWING
CANOPY, SIGN & BALCONY
ENCROACHMENTS
M:SA1 P .c.
ENVIRONMENTAL saENCES .GEOSCIENCES
PLANNING . SUR'vrYlNG . ENGINEERING
. LANDSCAPE ARCHITECTURE
5033 ROUSE DRI~, VIRGINIA BEACH, VA 23462
757-490-9264 (OFC) '(57-490-0634 (FAX)
www.msoonhne.com
VIRGINIA BEACH
SHEET 4 OF 5
PROJ. NO. 06161A DRAWN: KCR
VIRGINIA DATE: 12-27-2007 SCALE: 1" = 6'
~ $ FIFTH FLOOR
~ EL = 55.8.3'
~ $ FOURTH FLOOR
~ EL = 43.16'
l.LI
r $ THIRD FLOOR
~ EL = 30.50'
~ $ SECOND FLOOR
~ EL = 17.83
$ FIRST FLOOR
EL = 0.00'
$ FIFTH FLOOR
EL = 55.83'
$ FOURTH FLOOR
EL = 43.16'
$ THIRD FLOOR
EL = 30.50'
$ SECOND FLOOR
EL = 17.83
FIRST FLOOR
EL = 0.00'
FIFTH FLOOR $ ~
EL = 55.83' 0
F
FOURTH FLOOR$ ~
EL = 43.16' ~
THIRD FLOOR $ l.LI
EL = 30.50' ~
SECOND FLOOR$ 8
EL = 17,83' ;i,
lXl
FIRST FLOOR $
EL = 0.00'
NOTE:
1. ELEVATIONS REPRESENTED
HEREON ARE NOT
REFERENCED TO ANY SET
DA ruM, BUT ARE BASED
ON VERTlCAL DISTANCE
WITH THE FIRST FLOOR
BEING 0.00'.
BALCONY DETAIL
NORTH VIEW
(BANK STREET)
NOT TO SCALE
BALCONY DETAIL
SOUTH VIEW
(COMMERCE STREET)
NOT TO SCALE
BALCONY DETAIL
EAST VIEW
(MARKET STREET)
NOT TO SCALE
EXHIBIT A
PLAT SHOWING
CANOPY, SIGN & BALCONY
ENCROACHMENTS
l'v1:SA~ P.C.
ENVIRONMENTAL saENCES .GEOSClENCES
PLANNING . SURVEYING . ENGINEERING
,LANDSCAPE ARCHITECTURE
5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462
757-490-9264 (OFC) ~57-490-0634 (FAX)
www.msaonhne.com
VIRGINIA BEACH
SHEET 5 OF 5
PROJ. NO. 06161A DRAWN: KCR
VIRGINIA DATE: 12-27-2007 SCALE: AS NOTED
PREPARED BY VIRGINIA BEACH
CITY A TIORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT (this "Agreement"), made this
day of
, 2008, by and between the CITY OF VIRGINIA BEACH, VIRGINIA,
a municipal corporation of the Commonwealth of Virginia, "Grantor", "City"; and TOWN
CENTER ASSOCIATES 6, L.L.C., a Virginia limited liability company ("TCA 6"), and
STUDIO 56 CONDOMINIUM AT TOWN CENTER OWNERS ASSOCIATION, INC., a
Virginia corporation (the "Association"), "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, TCA 6 is the Declarant under that certain Declaration of
Condominium of Studio 56 Condominium at Town Center dated January _' 2008,
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
(the "Clerk's Office"), as Instrument No.
and related
instruments (as same may be amended from time to time, the "Condominium
Instruments"), pursuant to which a condominium known as "Studio 56 Condominium at
Town Center" and having an address of 221 Market Street, Virginia Beach, Virginia,
23462 (the "Condominium") was created (the "Grantee Property");
WHEREAS, the Association is a condominium owner's association which has
been formed to perform certain administrative and operational functions on behalf of the
Condominium and which is empowered to execute agreements for services for the
Condominium;
1
GPIN: 1477-44-8892-0000 (Condominium/Parcel Z-3)
1477-44-7718-0000 (Parcel Z -1 )
(CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED)
WHEREAS, TCA 6 has constructed the condominium building (the "Building")
that includes certain structures which extend beyond the boundaries of the Grantee
Property and encroach onto property owned by City being the rights-of-way for Market
Street and Bank Street and Parcel Z-1, GPIN 1477-44-7718 (all areas on which the
Temporary Encroachments (as defined below) exist shall be collectively referred to
herein as the "Encroachment Area"), which encroachments consist solely of the
following:
1. a canopy/sign encroachment (the "Studio 56 Canopy"), the location of
which is on the Market Street side of the Building overhanging the Market
Street right-of-way and more particularly shown as "CANOPY/SIGN 'A'" on
that certain plat entitled "PLAT SHOWING CANOPY, SIGN & BALCONY
ENCROACHMENTS," dated December 27, 2007, a copy of which is
attached hereto as Exhibit A;
2. a canopy/sign encroachment (the "East Retail Canopy"), the location of
which is on the Market Street side of the Building overhanging the Market
Street right-of-way and more particularly shown as "CANOPY/SIGN 'B'" on
Exhibit A attached hereto;
3. a canopy/sign encroachment (the "South Retail Canopy"), the location of
which is on the south side of the Building overhanging Parcel Z-1 and
more particularly shown as "CANOPY/SIGN 'c'" on Exhibit A attached
hereto; and
2
4. eight (8) balcony encroachments (the "North Balconies") located on the
north side of the Building and overhanging the Bank Street right-of-way as
depicted on Exhibit A attached hereto; and
5. Twenty-four (24) balcony encroachments (the "East Balconies") located on
the east side of the Building and overhanging the Market Street right-of-
way as depicted on Exhibit A attached hereto
The Studio 56 Canopy, the East Retail Canopy, the South Retail Canopy, the North
Balconies and the East Balconies are collectively referred to herein as the "Temporary
Encroachments" .
WHEREAS, Grantee desires, and the City has agreed to permit Grantee, to
temporarily retain the Temporary Encroachments in their respective areas on the
Encroachment Area subject to terms of this Agreement;
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar
($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City
hereby grants to the Grantee, to the extent of their respective interests in the Temporary
Encroachments, temporary permission to retain and use the Temporary Encroachments
in their present "AS-IS" conditions and locations.
Grantee shall not be permitted to make changes to the Temporary
Encroachments without the prior written consent of City, which consent can be withheld
at City's sole discretion. Any changes to the Temporary Encroachments shall be
constructed (a) in a good and workmanlike manner and (b) in accordance with the laws
of the Commonwealth of Virginia and the City of Virginia Beach.
3
Nothing herein shall prohibit the City from immediately removing, or ordering the
Grantee to remove, all or any part of the Temporary Encroachments from the
Encroachment Area, in the event of an emergency or public necessity, and Grantee, to
the extent of their respective interests therein, shall bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Temporary
Encroachments herein authorized shall terminate upon notice by the City to the Grantee
(the "Termination Notice"), and that within one hundred eighty (180) days after the
notice is given, the Temporary Encroachments must be removed from the
Encroachment Area by the Grantee; and that the Grantee will bear all costs and
expenses of such removal, to the extent of their respective interests in the Temporary
Encroachments. In the event that Grantee fails to remove the Temporary
Encroachments within such one hundred eighty (180) day period, then City shall have
the right to remove the Temporary Encroachments at Grantee's sole cost and expense,
to the extent of their respective interests in the Temporary Encroachments.
It is further expressly understood and agreed that the Grantee, to the
extent of their respective interests in the Temporary Encroachments, shall indemnify
and hold harmless the City, its agents and employees, from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, arising out of the
construction, location or existence of the Temporary Encroachments.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than the Temporary
Encroachments specified herein and to the limited extent specified herein; provided,
4
however, in the event of a casualty or damage to or destruction of the Temporary
Encroachments, and provided the provisions of this Agreement are otherwise satisfied
and the City had not given the Termination Notice prior to such casualty or damage to
or destruction of the Temporary Encroachments, the Grantee shall be entitled to
reconstruct the Temporary Encroachments p~rsuant to this Agreement in substantially
the same locations and with substantially'the same materials without the need for
approval by the City Council of the City of a new Encroachment Agreement, provided
such reconstructed Temporary Encroachments shall be contained within the
Encroachment Areas.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachments in good condition and repair. The Temporary
Encroachments shall not become unsightly or hazardous.
It is further expressly understood and agreed that the Grantee must
submit and have approved (by all applicable authorities and jurisdictions) a traffic
control plan before commencing any work in the Encroachment Area.
It is further expressly understood and agreed that the Grantee agrees that
no open cut of the public roadway will be allowed. Requests for exceptions must be
submitted to the Highway Operations Division, Department of Public Works, for final
approval.
It is further expressly understood and agreed that prior to issuance of a
right of way/utility easement permit, in addition to obtaining City's written approval
(which approval may be withheld at City's sole discretion), the Grantee must also post a
bond or other security, in the amount of two times their engineer's cost estimate, to the
5
Office of Planning Department, to guard against damage to City property or facilities
during any construction.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City for the Temporary Encroachments, and all insurance
policies must name the City as additional named insured or loss payee, as applicable.
The Grantee also agrees to carry comprehensive general liability insurance in an
amount not less than $500,000.00, combined single limits of such insurance policy or
policies covering the Temporary Encroachments. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of such insurance policies.
The Grantee, to the extent of their respective interests in the Temporary
Encroachments, assumes all responsibilities and liabilities, vested or contingent, with
relation to the construction, location, and/or existence of the Temporary
Encroachments.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachments sealed by a registered professional engineer, if required
by either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachments and charge the cost thereof to the Grantee, and collect the cost in any
6
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachments; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachments are
allowed to continue thereafter, and may collect such compensation and penalties in any
manner provided by law for the collection of local or state taxes.
Pursuant to the Condominium Instruments, the Association is responsible
for the maintenance, repair and replacement of the Temporary Encroachments with the
costs of same to be the responsibility of the unit owners of the Condominium as set
forth in the Condominium Instruments. The Association executes this Agreement for
the purposes of acknowledging its requirements and, to the extent the Association has
or may have, any obligations hereunder pursuant to the Condominium Instruments,
accepting responsibility for same.
The provisions of this Agreement shall be binding upon the Grantee and
the respective successors and assigns of the Grantee. Upon transfer of title to any unit
in the Condominium ("Unit"), the rights and obligations of the owner(s) of a Unit
hereunder, if any, shall transfer automatically to the transferee of such Unit, and the
transferor of such Unit shall be released from all liability arising from facts or
circumstances arising after the date of recordation of the deed transferring such Unit.
IN WITNESS WHEREOF, each Grantee has caused this Agreement to be
executed on its behalf by a duly authorized representative, with due authority to bind
7
said limited liability company. Further, that the City of Virginia has caused this
agreement to be executed in its name and on its behalf by its City Manager and its seal
be hereunto affixed and attested by its City Clerk.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
8
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
I CITY MANAGER/AUTHORIZED
I 2008, by
DESIGNEE OF THE CITY MANAGER.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2008, by RUTH HODGES FRASER, City Clerk for the CITY OF
VIRGINIA BEACH.
Notary Public
Notary Registration Number:
My Commission Expires:
9
TOWN CENTER ASSOCIATES 6,
L.L.C., a Virginia limited liability company
By:
Louis S. Haddad, Manager
By:
Anthony P. Nero, Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2008, by Louis S. Haddad, Manager on behalf of Town Center
Associates 6, L.L.C., a Virginia limited liability company.
Notary Public
Notary Registration Number:
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2008, by Anthony P. Nero, Manager on behalf of Town Center
Associates 6, L.L.C., a Virginia limited liability company.
Notary Public
Notary Registration Number:
My Commission Expires:
10
STUDIO 56 CONDOMINIUM AT TOWN
CENTER OWNERS ASSOCIATION,
INC., a Virginia corporation
By:
Louis S. Haddad, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2008, by Louis S. Haddad, President on behalf of Studio 56
Condominium at Town Center Owners Association, Inc., a Virginia corporation.
Notary Public
Notary Registration Number:
My Commission Expires:
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
SIGNATURE
DEPARTMENT
5954\009\Encroachment Agreement - clean (01-24-08),DOC
11
J. PLANNING
1. Application of BONAVENTURE INVESTMENTS, LLC re Modification of a
Conditional Change of Zoning request (approved by City Council on December 12, 2006
for Ocean Properties, LLC) at Centerville Turnpike and Lynnhaven Parkway re proffers
to allow a new site design, reduction of the retail space floor area and increase the number
of dwelling units.
RECOMMENDATION:
APPROVAL
NOTICE OF PUBLIC
HEARING
Virginia Beach City Council will meet in the Chamber a
City Hall, MunicipaJ Center, 2401 Courthouse Drive
Tuesday, February 5, 2008, at 6:00 p.m. ThE:
following applications will be heard:
DISTRICT 1 - CENTERVILLE
Bonaventure Investments, L.L. C. Application
Modification of a request (approved by City Councilor
December 12, 2006. Ocean Properties, L.L.C. a1
Centerville Turnpike and Lynnhaven Parkway (GPINs
1454980202; 1454983391). A1CUZ is Less than 65 dB
Ldn.
All interested citizens are invited to attend.
Ruth Hodges Fraser, MMC
City Clerk
Copy of the proposed application is on file and may be
examined in the Department of Planning or online at
httD:/ /www.vba!ov.com/DC 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.
Beacon Jan. 20 & 27, 2008
18177055
I I
- 53 -
Item V-K.5
PLANNING
ITEM # 55933
Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth
Floor, Phone: 499-8971, represented the applicant, distributed correspondencefrom the Alexandria
Civic League in support of the application. Said letter is hereby made a part of the record. A traffic
Impact study has been completed and submitted to the staff. Issues involving the length of the turn lanes
into the facility and signalization will be addressed during site plan review.
Councilman Villanueva referenced that of the twelve (12) Virginia Department of Transportation
projects, only three (3) will be funded This particular Lynnhaven Parkway segment has been further
delayed. This application needs to be reviewed with the total transportation system.
Phillip Davenport, Interim Public Works Director, advised two (2) phases ofLynnhaven Parkway are
close to this project: one phase immediately adjacent, running back to Volvo Parkway at the Chesapeake
City Line, is under construction and scheduled for completion in May 2007; Lynnhaven Parkway Phase
XI, on the other side ofCenterville Turnpike, has $4-Million in funding, and the balance of the funding is
beyond the 6-year program of the VDOT schedule. Centerville Turnpike (2-1ane) is an unfunded project
still identified as a City project and is in the "requested but notfunded" lists of projects. Centerville
Turnpike, in this area, operates at approximately a service level "C". Traffic moves fairly smoothly and
even with this project, with the addition of approximately 5,500 vehicles per day, with traffic
signalization, there will probably be no impact on the level of service.
Upon motion by Councilman Dyer, seconded by Councilman Villanueva, City Council ADOPTED an
Ordinance upon application of OCEAN PROPERnES, L.L.C.for a Conditional Change of Zoning:
ORDINANCE UPON APPUCATION OF OCEAN PROPERTIES, L.L.C.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
B-2 TO CONDITIONAL B-4 Z012061271
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ocean Properties, L.L.C.for a Change of
Zoning District Classification from B-2 Community Business District to
Conditional B-4 Mixed Use District on property located at the northwest
intersection of Centerville Turnpike and Lynnhaven Parkway (GPINs
1454980202; 1454983391). DISTRICT 1- CENTERVILLE
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit
Court and is hereby made a part of the record.
December 12, 2006
- 54-
Item V-K.5
PLANNING
ITEM # 55933 (Continued)
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December Two
Thousand Six
Voting: 10-1
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M.
Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wi/son and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
December 12, 2006
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Bonaventure Investments, L.L. C. for the modification of a
request approved by City Council on December 12, 2006 (Ocean Properties,
L.L.C.). Property is located at the northwest intersection of Centerville Turnpike
and Lynnhaven Parkway (GPINs 1454980202; 1454983391). DISTRICT 1 -
CENTERVILLE.
MEETING DATE: February 5,2008
. Background:
The site was rezoned from B-2 Community Business District to Conditional B-4
Mixed Use District on December 12, 2006 to allow development of the site with a
mix of retail, restaurants, offices, and multi-family condominium dwellings. That
rezoning allows for the development of 192 multi-family dwellings and 67,000
square feet of commercial space to be dispersed within 14 buildings on the site.
The applicant now desires to modify the proffers of the 2006 rezoning to allow a
new site design, a reduction of the retail space floor area, and an increase in the
number of dwelling units.
. Considerations:
The submitted site plan depicts seven (7) buildings, an area designated for future
development, a small central park, associated parking, a stormwater
management pond with a fountain, and landscaping. Six (6) of the buildings will
be devoted exclusively to residential dwellings, and the remaining building will be
a mix of residential and commercial. The proposed commercial and residential
building will be located adjacent to the intersection of Lynnhaven Parkway and
Centerville Turnpike. There are 226 multi-family dwellings and 25,000 square
feet of commercial floor area proposed. Single vehicular entrances to the site are
proposed on Lynnhaven Parkway and Centerville Turnpike, and two entrances
are proposed on Monument Drive. Sidewalks are proposed along Lynnhaven
Parkway and Monument Drive.
The proposed structures are semi-urban in design with composite shingle roofs,
brick and or cultured stone on the first level and hard i-plank siding on the second
and third levels. Cloth awnings accent the storefront windows in the mixed use
building.
The Comprehensive Plan identifies this area a Primary Residential Area. The
overriding objective of the Plan's policies for the Primary Residential Areas is to
Bonaventure Investments, L.L.C.
Page 2 of 2
protect the predominantly suburban character that is defined, in large measure,
by the stable neighborhoods of the area. In general terms, this means that the
established type, size and relationship of land uses, both residential and non-
residential, in and around neighborhood areas should serve as the guide when
considering future development proposals. 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.
The proposal conforms to the Comprehensive Plan recommendations for mixed-
use development within Primary Residential Areas. The applicant has taken care
to design a mixed-use project that will offer a mixture of residential dwellings,
commercial uses, and dwellings above the commercial uses. While the project is
semi-urban in design\ it retains qualities of good suburban land use design with
proposed residential structures adjacent to existing residential, and proposed
commercial uses located on the main roadways. The proposed density of the site
at 17 dwelling units per acre is well below the 36 dwelling units to the acre
allowed in the 8-4 Mixed Use District and compatible with the density of
surrounding multi-family residential areas. The mix of commercial uses into the
development will not only be beneficial to the residents of the project but also to
those neighborhoods near the site. Overall, the proposal is well designed and
compatible with the surrounding uses, and approval as proffered is
recommended.
The Planning Commission placed this item on the consent agenda because the
proposal provides a reduction in the amount of retail space and an increase in
the number of dwelling units, resulting in less of a traffic impact than the prior
proposal, the proposal is consistent with the recommendations of the
Comprehensive Plan, and there was no opposition to the proposal at the hearing.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request as proffered.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ~ ~
City Manage~K .d3~ ~
BONAVENTURE
INVESTMENTS, L.L.C.
Agenda Item 8
January 9, 2008 Public Hearing
Modification of Proffers of a Conditional
Rezoning from B-2 Community Business
District to Conditional B-4 Mixed Use District
approved by the City Council on December 12,2006
(Ocean Properties, L.L.C.)
Staff Planner: Faith Christie
REQUEST:
ADDRESS I DESCRIPTION: Property located at the northwest and northeast intersections of Lynnhaven
Parkway, Monument Drive, and Centerville Turnpike.
GPIN:
14549802020000;
14549833910000
COUNCIL ELECTION DISTRICT:
1 - CENTERVILLE
SITE SIZE:
13.33 acres
The site was rezoned from B-2 Community Business District to
Conditional B-4 Mixed Use District on December 12,2006 to
allow development of the site with a mix of retail, restaurants, offices, and multi-family condominium
dwellings. Currently, the site is approved for the development of 192 multi-family dwellings and 67,000
square feet of commercial space to be dispersed within 14 buildings on the site. The applicant proposes
to modify the Proffer Agreement to allow a new design of the site, a reduction of the proposed retail
space, and an increase in the number of dwelling units.
SUMMARY OF REQUEST
The submitted site plan depicts seven (7) buildings, an area designated for future development, a small
central park, associated parking, a stormwater management pond with a fountain, and landscaping. Six
(6) of the buildings will be devoted exclusively to residential dwellings, and the remaining building will be a
mix of residential and commercial. The proposed commercial and residential building will be located at
the intersection of Lynnhaven Parkway and Centerville Turnpike. The applicant proposes 226 multi-family
dwellings and 25,000 square feet of commercial space. A retaining wall and landscaped berm is
proposed adjacent to the residential area along the northern portion of the site. Single vehicular entrances
to the site are proposed on Lynnhaven Parkway and Centerville Turnpike, and two entrances are
proposed on Monument Drive. Sidewalks are proposed along Lynnhaven Parkway and Monument Drive.
BONAVENTURE INVESTMENTS, L.L.C.
Agenda Item 8
Page 1
The proposed structures are transitional urban in design with composite shingle roofs, brick and or
cultured stone on the first level and hard i-plank siding on the second and third levels. Cloth awnings
accent the storefront windows in the mixed use building.
The existing Conditional Rezoning agreement, approved on December 12, 2006, has three proffers:
PROFFER 1:
When the Property is developed, it shall be developed substantially as shown on the exhibit entitled
"Conceptual Site Layout Plan of The Cascades at Woods Corner Centerville Tnpk.1 Lynnhaven Pkwy.
Virginia Beach, VA", dated 5/31/06, prepared by MSA, P.C., which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to
as the "Concept Plan").
PROFFER 2:
When the mixed use buildings and residential buildings depicted on the Concept Plan are developed,
they will be in substantial compliance with the Mixed Use Development Guidelines contained in the
Grantee's Comprehensive Land Use Plan and the exterior of the buildings shall be substantially similar in
architectural features, details and appearance to the exhibits entitled, (1) "SIGNATURE BUILDING
CONCEPTUALS", (2) "RESIDENTIAL BUILDING ELEVATOINS", AND (3) MIXED USE BUILDING
ELEVATIONS", "WOODS WATCH, A Mixed Use Village for Virginia Beach", prepared by RDA, which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning.
PROFFER 3:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped site
East:
. Single-family dwellings 1 R-5D Residential
. Lynnhaven Parkway
. Across Lynnhaven Parkway is Centerville Elementary School 1
R-5D Residential
. Centerville Turnpike
. Across Centerville Turnpike is Woods Creek Driving Range 1 B-
2 Business
. Monument Drive
. Across Monument Drive is Magnolia Chase Apartments 1 A-12
Apartment
SURROUNDING LAND
USE AND ZONING:
North:
South:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is a grass field. There are no known natural resource or cultural
features of significance.
BONAVENTURE INVESTMENTS, LLC.
Agenda Item 8
Page 2
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):
Lynnhaven Parkway adjacent to the proposed development has been widened to a four-lane divided
major suburban arterial. This Virginia Department of Transportation (VDOT) project connected Volvo
Parkway to Lynnhaven Parkway and created a connection to Chesapeake. The Lynnhaven XI Roadway
Improvement project will connect Lynnhaven Parkway from its current terminus just north of Centerville
to the other portion of Lynnhaven Parkway which ends at Albright Drive. This connection would provide
a continuous roadway connection from Volvo Parkway to Virginia Beach Boulevard. This project is only
partially funded for construction, and due to VDOT funding issues, has slipped out of the current VDOT
six-year plan for construction.
Centerville Turnpike is currently a two-lane divided minor suburban arterial roadway. There are no
roadway improvement projects in the current Capital Improvement Program (CIP) for Centerville
Turnpike; however, a project to widen Centerville to 4 lanes is in the "Requested But Unfunded" section
of the CIP.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Lynnhaven N / A* ADT 1 34,900 ADT 1 Existing Land Use :l -
Parkway 5,459 ADT (450 peak)
17,900 ADT 1 12,500 ADT 1 Proposed Land Use 3 -
Centerville 2,643 (205 peak) ADT
Turnpike
Average Dally Tnps
*Lynnhaven Parkway is only recently opened to through traffic
2 as defined by the previously approved land uses
3 as defined by the proposed mixed-use development
Based on the peak hour trip generation for the proposed land uses, a Traffic Impact Study (TIS) is warranted
for this proposed development. Traffic Engineering generally requires the TIS to be submitted and approved
prior to the Planning Commission hearing; however, given the fact that a TIS has already been approved for
the site, Traffic Engineering can allow the TIS to be submitted after the Planning Commission hearing with the
understanding that the Developer will agree to pay for and build all roadway infrastructure required by the
approved TIS. Traffic Engineering is also agreeable to allowing the developer to proceed under the original
TIS if the developer agrees to all recommendations included in the original TIS for The Cascades at Woods
Watch, dated October 10, 2006, with the following comments/exceptions:
1. Regarding Recommendation #2, Right-of-Way Reservation, Public Works Engineering/Project
Management has completed a centerline alignment for the future widening of Centerville Turnpike in
front of this proposed development site. Based on this roadway centerline, future right-of-way
requirements have been developed and a plan showing the right-of-way required to be dedicated with
this rezoning is included with these comments.
BONAVENTURE INVESTMENTS, L.L.C.
Agenda Item 8
Page 3
2. Recommendation #7(b) indicates that the Developer shall participate in the cost of a new traffic signal
for the Lynnhaven Parkway/Monument Drive intersection when the warrants for a signal at that
intersection are met during build-out. Traffic Engineering will require that the Developer post a traffic
signal bond in the amount to be determined during site plan review based upon the estimated trip
generation of the development. Traffic Engineering does not agree with the TIS conclusion that states
a signal will be warranted at Lynnhaven Parkway/Monument Drive intersection at 70% build-out.
Because the opening day traffic volumes on Lynnhaven Parkway are only estimates, a traffic signal
may be warranted sooner or later than 70% build-out, or not at all, depending on the actual traffic
counts for Lynnhaven Parkway after it is opened to Volvo Parkway.
3. Recommendation #7(a) regarding a right turn lane on westbound Lynnhaven Pkwy at Monument Drive
should say that it will have 150 foot storage and 150 foot taper.
4. Recommendation #8 states that the Lynnhaven Parkway/Centerville Turnpike traffic signal will operate
at a better level of service with the proposed development traffic if the protected only left turn phases
are changed to protected/permitted phasing. Traffic Engineering agrees with this recommendation
and will require the Developer to make the signal modifications required to change this signal phasing.
This will potentially include signal head modification, signal rewiring and additional signing.
WATER: This site must connect to the City water supply system. There is an 8-inch City water line along
Monument Drive, a 12-inch City water line along Lynnhaven Parkway, and a 16-inch City water transmission
line along Centerville Turnpike.
SEWER: This site must connect to the City sanitary sewer system. Pump Station 462, the receiving pump
station, has capacity issues and may require system modification. The applicant will have to submit a full
engineering hydraulic analysis of Pump Station 462 and the sanitary sewer collection system to ensure future
flows can be accommodated. There is an 8-inch City gravity line along Monument Drive, and a 20-inch City
force main along Centerville Turnpike.
PARKS AND RECREATION: The Virginia Beach Outdoors Plan and the City's Bikeways and Trails Plan
identify and promote the shared use path currently under construction in the CIP 2-257 Lynnhaven Parkway /
Volvo Parkway road project as part of the City's system of shared use / pedestrian connectivity. The applicant
should consider pedestrian connections from the interior of the site to the planned sidewalks along Lynnhaven
Parkway and Monument Drive. Staff will work with the developer during detailed site plan review to insure the
sidewalk connections are accomplished.
SCHOOLS:
School Current Capacity Generation 1 Change 2
Enrollment
Tallwood Elementary 610 621 13.9 14
Brandon Middle 1,248 1,198 9.9 10
T allwood HiQh 2,001 2,143 11.9 12
.. ..
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).
BONAVENTURE INVESTMENTS, L.L.C.
Agenda Item 8
Page 4
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request with the submitted proffers. The proffers are provided below.
Comprehensive Plan:
The Comprehensive Plan identifies this area a Primary Residential Area. The overriding objective of the
Plan's policies for the Primary Residential Areas is to protect the predominantly suburban character that
is defined, in large measure, by the stable neighborhoods of the area. In general terms, this means that
the established type, size and relationship of land uses, both residential and non-residential, in and
around neighborhood areas should serve as the guide when considering future development proposals.
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.
Evaluation:
The proposal conforms to the Comprehensive Plan recommendations for mixed-use development within
Primary Residential Areas. The applicant has taken care to design a mixed-use project that will offer a
mixture of residential dwellings, commercial uses, and dwellings above the commercial uses. While the
project is semi-urban in design, it retains qualities of good suburban land use design with proposed
residential structures adjacent to existing residential, and proposed commercial uses located on the main
roadways. The proposed density of the site at 17 dwelling units per acre is well below the 36 dwelling
units to the acre allowed in the B-4 Mixed Use District and compatible with the density of surrounding
multi-family residential areas. The mix of commercial uses into the development will not only be beneficial
to the residents of the project but also to those neighborhoods near the site. Overall, the proposal is well
designed and compatible with the surrounding uses, and approval as proffered is recommended.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(91 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When the Property is developed, it shall be developed substantially as shown on the exhibit entitled
"Conceptual Site Layout Plan of The Cascades at Woods Corner Centerville Tnpk. / Lynnhaven Pkwy.
Virginia Beach, VA", dated October 29,2007, prepared by Humphreys & Partners Architects, L.P., which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning (hereinafter referred to as the "Concept Plan").
PROFFER 2:
When the mixed use building and the residential buildings depicted on the Concept Plan are developed, the
exterior of the buildings shall be substantially similar in architectural features, details and appearance to the
exhibits entitled, "MIXED USE BUILDING ELEVATIONS" and "MULlTFAMIL Y BUILDING ELEVATIONS",
dated October 29,2007, prepared by Humphreys & Partners, L.P., which has been exhibited to the Virginia
BONAVENTURE INVESTMENTS, L.L.C.
Agenda Item 8
Page 5
Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Building
Elevations").
PROFFER 3:
Prior to the issuance of a building permit for construction of a structure on the portion of the Property
designated "FUTURE DEVELOPMENT" on the Concept Plan, a set of building elevations depicting a
building with substantially similar and complimentary architectural features, exterior building materials and
colors to those found on the Mixed Use Building shall be submitted to the Director of the Virginia Beach
Department of Planning for review and approval.
PROFFER 4:
No commercial business establishment shall be operated on the Property, which excludes persons on the
basis of age during any part of the day, provides live musical entertainment, requires payment of an entry or
cover charge from any patrons, or fails to close for business between the hours of 12:00 am to 6:00 am.
PROFFER 5:
None of the residential dwelling units depicted on the Concept Plan shall be reserved or set aside for lease
or sale only to tenants or purchasers with incomes below the Area Median Income for the Virginia Beach-
Norfolk-Newport News, Virginia Metropolitan Statistical Area (MSA) published by the U.S. Department of
Housing and Urban Development (HUD). None of the units will be rented to tenants using "Project Based
Section 8 Certificates".
PROFFER 6:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
PROFFER 7:
The Covenants, Restrictions and Conditions set forth herein replace and supersede the 2006 covenants,
restrictions, and conditions.
STAFF COMMENTS: The proffers are acceptable as they insure the site and buildings will be developed in
accordance with the submitted conceptual site layout plan and architectural concept elevations. The
submitted conceptual site layout plan depicts a coordinated development of the site in terms of design,
parking layout, traffic control and circulation within the site, stormwater management, and landscaping.
The City Attorney's Office has reviewed the proffer agreement dated October 30,2007, and found it to be
legally sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
BONAVENTURE INVESTMENTS, L.L.C.
Agenda Item 8
Page 6
AERIAL OF SITE LOCATION
BONAVENTURE INVESTMENTS, L.L.C.
Agenda Item 8
Page 7
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Agenda Item 8
Page 8
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BONAVENTURE INVESTMENTS, L.L.C.
Agenda Item 8
Page 10
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Agenda Item 8
Page 11
Map B,C-ll Bonaventure Investments LLC
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JV1odificalion oi Conditions
1. 12/12/06 Rezoning (B-2 Community Business District to Conditional Approved
B-4 Mixed Use District)
5/22/01 Conditional Use Permit (Automobile Service Station) Withdrawn
11/10/75 Rezonin R-6 Residential to B-2 Business A proved
2. 1/12/99 Conditional Use Permit Borrow Pit Approved
3. 1/25/94 Conditional Use Permit (Recreational Facility - Driving Approved
Ran e and future Miniature Golf Course
4. 8/13/02 Conditional Use Permit Home Da Care Ap roved
ZONING HISTORY
BONAVENTURE INVESTMENTS, L.L.C.
Agenda Item 8
Page 12
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DISCLOSURE STATEMENT II
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)
,
'Bonaventure Investments, LLC: Dwight D, Dunton, III, Managing Member
2, List all businesses that have a parent-subsidiary1 or affiliated business entit/
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)
,/
, /Lillel Farms, Inc.: Rose Anne Coker, President; Anne D. Wood, Vice President;
Sara W, Hewitt. Treasurer & Secretary
2 List all businesses that have a parent-subsidiary' or affiliated business entit/ \
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,
1 & 2 See next page for footnotes
!
Modification of Condrtions Application
Page '0 of 11
Revised 9/1/2004
BONAVENTURE INVESTMENTS, L.L.C.
Agenda Item 8
Page 13
DISCLOSURE STATEMENT
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)
Sykes, Bourdon, Ahern & Levy, P,C,
'"Humphreys & Partners Architects, L.P.
1 "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 S 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 9 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 thij package,
Bon~~nturE1lnves"en~s;LLc;,)r __ 7
By, t -'., /,' ....L..i/ : ,,~c <../~ ~ Dwight D, Dunton, III. Managing Member
Applicant's Slghature . Print Name
Lillel FarniJs, Inc,
By: Rose Ann Coker, President
Property Owner's Signature (if different than applicant) Print Name
Modification of Conditions Application
Page11of11
Revised 91112004
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BONAVENTURE INVESTMENTS, L.L.C.
Agenda Item 8
Page 14
oj
II DI?CLOSURE STATEMENT
oJ
II
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)
Sykes, Bourdon, Ahern & Levy, P.C.
Humphreys & Partners Architects, L.P.
1 .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 Govemment Conflict of
Interests Act Va. Code 9 2.2-3101.
2.-Affiliated business entity relationship. means "a relationship, other than
parE!nt-subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the,other business entity, ~i} 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 Govemment Conflict of Interests Act, Va.
Code 9 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.
Bonaventure Investments, LLC
By: Dwight D. Dunton. III, Managing Member
Applicant's Signature Print Name
Li rms c. f'r 1"0. If}. .
B . ~ Rose Ann Coker, President
Prop Owners Signature (if different than applicant) Print Name
Modification of Conditions Application
Page 11 0111
Revised 91112004
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BONAVENTURE INVESTMENTS, L.L.C.
Agenda Item 8
Page 15
Item #8
Bonaventure Investments, 1.1.C.
Modification of a Request
Northwest intersection of Centerville Turnpike and
Lynnhaven Parkway
District 1
Centerville
January 9, 2008
CONSENT
Joseph Strange: The next matter is agenda item 8, Bonaventure Investments, 1.1.C. This is
an application of Bonaventure Investments, 1.1.C. for the modification of a request approved
by City Council on December 12, 2006. The property is located at the northwest intersection
ofCenterville Turnpike and Lynnhaven Parkway, District 1, Centerville, with seven proffers.
Eddie Bourdon: Thank you again Madame Chair, for the record, Eddie Bourdon, a Virginia
Beach attorney representing the applicant. One of the principals is here with us this
afternoon. Again, first of all on behalf of the clients, we express our appreciation to both Mr.
Whitney and Faith Christie for their hard diligent work on this application. We appreciate
being on the consent agenda. Thank you.
Joseph Strange: Is there any opposition to this matter being placed on the consent agenda?
The Chairman has asked David Redmond to review this item.
David Redmond: Thank you Mr. Strange: This site was rezoned from B-2 Community
Business District to Conditional B-4 Mixed Use District on December 12,2006 to allow
development of the site with a mix of retail, restaurants, offices, and multi-family
condominium dwellings. Currently, the site is approved for the development of 192 multi-
family dwelling and 67,000 square feet of commercial space to be dispersed within 14
buildings on the site. The applicant proposes to modify the Proffer Agreement to allow a
new design of the site, a reduction of the proposed retail space, and an increase in the number
of dwelling units. This proposal conforms to the Comprehensive Plan recommendations for
mixed-use development within Primary Residential Areas. The applicant has taken care to
design a mixed-use project that will offer a mixture of residential dwellings, commercial
uses, and dwellings above the commercial uses. While the project is semi-urban in design, it
retains qualities of good suburban land use design with proposed residential structures
adjacent to existing residential, and proposed commercial uses located on the main roadways.
The mix of commercial uses in the development will not only be beneficial to the residents of
the project itself, but also to those neighborhoods near the site. Overall, the proposal is well
designed and compatible with the surrounding uses. Staff supports this application and
believes it to be a better design than the previous one. Accordingly, the Commission also
agrees and hereby places it on consent. Thank you.
Joseph Strange: Thank you David Redmond. I have a motion to approve agenda item 8.
Item #8
Bonaventure Investments, 1.1.C.
Page 2
Janice Anderson: There is a motion to approve the consent agenda. Is there a second?
Donald Horsley: Second.
Janice Anderson: There is a second by Don Horsley. Is there any discussion or abstention
on this?
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KA TSIAS
KNIGHT AYE
LIVAS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved item 8 for consent.
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No, DF-6916
DATE: January 18, 2008
FROM:
Leslie L. Lilley
,
B. Kay WiISO~
DEPT: City Attorney
DEPT: City Attorney
TO:
RE: Conditional Zoning Application; Bonaventure Investments, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on February 5, 2008. I have reviewed the subject proffer agreement, dated
October 30,2007, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/bm
Enclosure
cc: ~en Hassen
FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS
BONAVENTURE INVESTMENTS, L.L.C., a Virginia limited liability company
LILLEL FARMS, INC., a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITI OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 30th day of October, 2007, by and between
BONAVENTURE INVESTMENTS, 1.L.C., a Virginia limited liability company, party of the
first part, Grantor; LILLEL FARMS, INC., a Virginia corporation, party of 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 that certain parcel of
property located in the Centerville District of the City of Virginia Beach, containing
approximately 13.33 acres and described in Exhibit "A" attached hereto and incorporated
herein by this reference (the "Property"); and
WHEREAS, the party of the first part, being the contract purchaser of the Property
has initiated a modification to a conditional amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify conditions to
the Zoning Classification of the Property; and
WHEREAS, the party of the first part has requested the Grantee to permit this
modification of the previously Proffered Covenants, Restrictions and Conditions dated
June 28, 2006 recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach as Instrument #20061214001861770 (hereinafter "2006 Proffers"), to reflect
amendments applicable to the land use plan on the Property; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
GPIN: 1454-98-0202
1454-98-3391
Prepared By:
R. Edward Bourdon, Jr., Esquire
Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
1
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to
recognize the effects of change that will be created by the Grantors' proposed rezoning,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned are needed to resolve
the situation to which the Grantors' rezoning application gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map with respect to the Property, the following reasonable conditions related to
the physical development, operation, and use of the Property to be adopted as a part of
said amendment to the Zoning Map relative and applicable to the Property, which has a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, their successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any
element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following declaration of conditions and restrictions
which shall restrict and govern the physical development, operation, and use of the
Property and hereby covenant and agree that this declaration shall constitute covenants
running with the Property, which shall be binding upon the Property and upon all parties
and persons claiming under or through the Grantors, their successors, personal
representatives, assigns, grantees, and other successors in interest or title:
1. When the Property is developed, it shall be developed substantially as shown
on the exhibit entitled "Conceptual Site Layout Plan of The Cascades at Woods Corner
Centerville Tnpk.jLynnhaven Pkwy. Virginia Beach, VA", dated October 29, 2007,
prepared by Humphreys & Partners Architects, 1.P., which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of Planning
(hereinafter referred to as the "Concept Plan").
2. When the mixed use building and the residential buildings depicted on the
Concept Plan are developed, the exterior of the buildings shall be substantially similar in
architectural features, details and appearance to the exhibits entitled, "MIXED USE
BUILDING ELEVATIONS" and "MULTIFAMILY BUILDING ELEVATIONS", dated
2
October 29, 2007, prepared by Humphreys & Partners Architects, L.P., which have been
exhibited to the Virginia Beach City Council and are on file with the Virginia Beach
Department of Planning (hereinafter "Building Elevations").
3. Prior to the issuance of a building permit for construction of a structure on
the portion of the Property designated "FUTURE DEVELOPMENT" on the Concept Plan, a
set of building elevations depicting a building with substantially similar and
complimentary architectural features, exterior building materials and colors to those
found on the Mixed Use Building shall be submitted to the Director of the Virginia Beach
Department of Planning for review and approval.
4. N 0 co~mercial business establishment shall be operated on the Property
which excludes persons on the basis of age during any part of the day, provides live
musical entertainment, requires payment of an entry or cover charge from any patrons or
fails to close for business between the hours of 12:00 AM to 6:00 AM.
5. None of the residential dwelling units depicted on the Concept Plan shall be
reserved or set aside for lease or sale only to tenants or purchasers with incomes below the
Area Median Income for the Virginia Beach-Norfolk-Newport News, Virginia Metropolitan
Statistical Area (MSA) published by the U.S. Department of Housing and Urban
Development (HUD). None of the units will be rented to tenants using "Project Based
Section 8 Certificates".
6. Further conditions may be required by the Grantee during detailed Site Plan
and/ or Subdivision review and administration of applicable City Codes by all cognizant
City agencies and departments to meet all applicable City Code requirements.
7. The Covenants, Restrictions and Conditions set forth herein replace and
supersede the 2006 Proffers.
All references hereinabove to the B-4 Districts and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of
approval of this Agreement by City Council, which are by this reference incorporated
herein.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
3
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code
of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied, and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof
prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed
in the names of the Grantors and the Grantee.
4
WITNESS the following signature and seal:
Grantor:
L.L.C., a Virginia limited
By:
STATE OF VIRGINIA:;., . ,_:;::.-
CITY/COUNTY /...;/!-v^\ - ;..
, to-wit:
/'"
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The foregoing instrument was acknowledged before me this :">i -' , day of
i)::'I..,~.:. , 2007, by Dwight D. Dunton, III, Managing Member of Bonaventure
Investments, L.L.C., a Virginia limited liability company, Grantor.
, _..../
-:/<'=~,~~i,>:_,,;:L,-,-,,- '.
Notary Public
My Commission Expires: r ,-<c~" ::.:f""::
Notary Registration No.: .35! ('- ':
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WITNESS the following signature and seal:
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Lillel Fanns, Inc., a Virginia corporation
BY:UQ,oR ~ Qtl~ ~
Rose Ann Coker, President '
Grantor:
STATE OF VIRGINIA
CITY OF V'\ (-.3 " ~ i r<', ~cc:- (' ~ ' to-wit:
The foregoing instrument was acknowledged before me this \ S~ day of
N 0;'1.1 ~\rH r , 2007, by Rose Ann Coker, President of Lillel Farms, Inc., a Virginia
corporation, Grantor.
Q~Q~L- cJ - ~vJl1
Notary Public
My Commission Expires: f'r-,;:~ c:~ ' d. t\ ! \)
Notary Registration No.: f 0 __ '..:... h
REBECCA l. ETHERIDGE
Notary Public
Commonwealth of Virginia
ID 41 7029956
My Commlllion ExpIres May 31. 2010
b
EXHIBIT "A"
Parcell:
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon,
and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia
Beach, Virginia, and being !mown, numbered and designated as "PARCEL 49-469 ACRES",
as shown on that certain plat entitled "SUBDIVISION OF PROPERlY OF ALEX C. AND
VIRGINIA S. BROWN, FEBRUARY 20, 1985, KEMPSVILLE BOROUGH, VIRGINIA
BEACH, VIRGINIA", which plat was made by Talbot & Associates, Ltd., recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2433,
at Pages 260 and 261.
GPIN: 1454-98-3391
Parcel 2:
ALL THAT certain tract, piece or parcel of land situate, lying and being in the Centerville
District of the City of Virginia Beach, Virginia, together with all appurtenances thereunto
belonging, being designated as "Residual Parcel" and depicted on that certain plat entitled
"RESUBDIVISION OF PROPERlY OF DLLEL FARMS, INC., Lynnhaven Parkway and
Monument Drive, formerly Kempsville 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 271, at Pages 65 and 66.
GPIN: 1454-98-0202
Modificationofproffers/Bonaventurelnvestments/Proffer
7
K. APPOINTMENTS
COMMUNITY SERVICES BOARD (CSB)
HUMAN RIGHTS COMMISSION
PERSONNEL BOARD
RESORT ADVISORY COMMISSION (RAC)
1. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
**********************************
PUBLIC COMMENTS
'Non-Agenda Items
**********************************
CITY COUNCIL'S SCHEDULE
City-wide Town Meeting
Stormwater Plans and Funding
February 19, 2008
Virginia Beach Convention Center 7 - 9 PM
PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS
April 8 (Workshop)
April 15 (Workshop)
April 17 (Public Hearing)
April 22 (Workshop)
April 22 (Public Hearing)
April 29 (Workshop)
May 6 (Reconciliation Workshop)
May 13 (Adoption)
Council Conference Room
Council Conference Room
Green Run High School- 6 p.m.
Council Conference Room
Council Chamber - 6 p.m.
Council Conference Room
Council Conference Room
Council Chamber - 6 p~m.
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 I
DATE: January 22, 2008 M B L
D C E L
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ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
II SCHOOL BOARD BRIEFING:
A SA VINGSIEFFICIENCY Dr, James Merrill,
IMPROVEMENTS Superintendent
II/ CITY MANAGER'S BRIEFINGS:
A TOLL FEASIBILITY- 1-264/SE Pkwy Robert Matthias,
Assistant to the
City Manag:r
IIII CITY COUNCIL'S BRIEFINGS:
A MINORITY BUSINESS COUNCIL Wanda 1. Cooper,
Secretarial Officer
and William R,
Brown, Financial
Counselor
B BLUE RIBBON TAX, FEE/SPENDING Linwood Branch,
TASK FORCE - Revenue Report Chair and Robert
Goodman, Jr.,
Chair, Revenues
Subcommittee
IVNNII
VIII
E CERTIFICA nON OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
SESSION
F MINUTES
Informal/Formal Sessions 1/8/08 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
III PUBLIC HEARING:
TRANSFER OF PROPERTY - NO SPEAKERS
Development Authority
Dam Neck Road/Landstown
RoadlRecreation Drive
J/I ResolutionSUPPORTING House Bill 1105 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ,
re the authority to localities pertaining to CONSENT
Outdoor Advertising Structures
CITY OF VIRGINIA BEACH
SUMMARYOFCOUNCUACnONS
V
0 I
DATE: January 22, 2008 M B L
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PAGE: 2 S I E J L N U N I
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AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
2 ResolutionSUPPORTING multi-modal ADOPTED 10.0 Y Y Y Y Y Y A Y Y Y Y
accommodations for interim improvements
to City r/o/w e safety for pedestrians
cyclists
3 Resolution toADOPT 2008 Emergency ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Operations Plan CONSENT
4 Ordinance to AUTHORIZE encroachment APPROVED AS 8.2 Y Y Y Y Y Y A Y Y N N
into portioo of City property, for EARL CONDITIONED
L,/MARO A. ROYER, at 1460 Watersedge
Drive (DISTRICT 5- L YNNHA VEN)
5 Ordinance to AUTHORIZE transfer of ADOPTED, BY 9.2 Y Y Y N Y N Y Y Y Y Y
land in Princess Anne Commons at Dam CONSENT
Neck! LandstoWl Road to Development
Authority (VBDA) for sale toSeven Cities
Development Company, LLCindoor
sports facility
6 Ordinance to TRANSFER $797,500 re ADOPTED 9-1 N Y Y N Y N A Y Y Y Y
repair and replacement ofschool trucks
7 Ordinance to AUTHORIZE acquisition ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
from Nancy H, Hodgman ofland for CONSENT
$600,000 at Shell/ Diamond Springs Roads,
Lakes Lawson/Smith, re Open Space
K/l Applications for street closures: APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
WILLIAM GJJOY M. GOSSportion of CONDITIONED,
a alley adjacent to 828 Surfside Ave Croatan BY CONSENT
Beach (DISTRICT 6- BEACH)
b MARY BEN THOMAS portioo of alley APPROVED/ 11.0 Y Y Y Y Y Y Y Y Y Y Y
adjacent to Mediterranean Ave/241/2 St CONDITIONED,
(DISTRICT 6- BEACH) BY CONSENT
c SCI VIRGINIA FUNERAL SERVICES, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
INC. T/A KELLAM FUNERAL HOME, CONDITIONED,
INC. portion of Avenue E (DISTRICT 3 BY CONSENT
ROSE HALL)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 I
DATE: January 22, 2008 M B L
D C E L
E D H C R A W
PAGE: 3 S I E J L N U N I
T E D N 0 A D H U L W
I AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
2 Variance to Subdivision Ordinance re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
newly created lots meet the requirements of CONDITIONED,
CZO, for MLADICK MEDICAL BY CONSENT
ASSOCIATES at Colonial Medical
Ct/First Colonial Rd (DISTRICT 5 -
L YNNHA VEN)
3 Applicationof AGC ACQUISmON, LLC, APPROVED AS 8-3 Y Y Y N Y N N Y Y Y Y
for a Chanrle of Zoninrl District PROFFERED
Classificationfrom AG-2 to ConditionalB-4
re strip retail/multi-family development at
1291 Nimmo Parkway (DISTRICT 7 -
PRINCESS ANNE)
4 Application of NANTUCKET BY THE MODIFIED/ 10-1 Y Y Y Y Y N Y Y Y Y Y
BAY, L.L.C. for Modification to a CONDITIONED'
Conditional Change of Zoning request BY CONSENT
(approved by City Council on October 25,
2005 for S & J LLC) at 3762 Shore
Drive13707 Stratford Road (DISTRICT 4-
BA YSIDE)
5 Application of SOUTH HAMPTON APPROVED AS 6-4 N Y Y N N N A Y Y Y Y
ROADS HABITAT FOR HUMANITY, PROFERED
INC. for a Chanrle of Zoninrl District
Classification from R-7.5 ConditionalA-I2
ApartmentatZurichArch/I-264 (DISTRICT
3 - ROSE HALL)
I
L APPOINTMENTS:
COMMUNITY RESCHEDULED B Y C 0 N S E N S U S
SERVICES BOARD
(CSB)
HUMAN RIGHTS COMMISSION
RESORT ADVISORY COMMISSION
(RAe)
ARTS AND HUMANITIES Appointed Un- 11-0 Y Y Y Y Y Y Y Y Y Y Y
COMMISSION expired term thru
6/30/1 I
Brian Kirwin
M/N/O ADJOURNMENT 8:36 pm
CITY COUNCIL'S SCHEDULE
February 19, 2008
City-wide Town Meeting
Virginia Beach Convention Center 7 - 9 PM
Storm water Plans and Funding