FEBRUARY 12 2008 AGENDA
CITY COUNCIL
MAYORMEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
WIWAM R. DeSTEPH, At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M DYER., Centerville. District I
BARBARA M HENLEY, Princess Anne - DLftrict 7
REBA S. McCLANAN, Rose Hall - District 3
JOHN E. UHRIN, Beach - District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESUE L. ULLEY
CITY CLERK - RUTH HODGES FRASER. MMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
12 FEBRUARY 2008
1. CITY COUNCIL'S BRIEFING
- Conference Room -
I II
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 234568005
PHONE:(757) 385-4303
FAX (757)385-5669
E-MAIL: Ctycncl@vbgov.com
2:00 PM
A. SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) - Financial Analysis Model
John Hadfield, Executive Director
II. CAPITAL IMPROVEMENT PROGRAM (CIP) CRITERIA
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA
V. INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
3:30 PM
C. RECESS TO CLOSED SESSION
V1. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Father Steve DeLeon, Pastor
Star of the Sea Catholic 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
February 5, 2008
G. AGENDA FOR FORMAL SESSION
H. PUBLIC BID OPENING
1. STUMPY LAKE GOLF COURSE - Lease for Operation
1. PUBLIC HEARINGS
1. LEASE OF CITY-OWNED PROPERTY
Tidewater Regional Group Home - 2293 Lynnhaven Parkway
2. INGRESS/EGRESS EASEMENT
U.S. Fish and Wildlife Service - New Bridge Road
J. CONSENT AGENDA
I I[
K. ORDINANCESIRESOLUTION
1. Resolution in support of House Joint Resolution No. 89 directing the Auditor of Public Accounts
study the operations and finances of the Southeastern Public Service Authority (SPSA)
(requested by Councilman DeSteph)
2. Ordinance to REVISE City Council's Policy to remove the limit on the number of speakers
allowed during "OPEN DIALOGUE" after adjournment of the Formal Session at the first
meeting of each month
3. Ordinance to AUTHORIZE the City Manager to execute a one year lease with four renewal
options with Tidewater Regional Group Home Commission at 2293 LYnnhaven Parkway
4. Ordinance to GRANT an ingress/egress easement over City property to the U.S. Fish and
Wildlife Service (USFWS) re Back Bay National Wildlife Refuge's expansion at 3180 New
Bridge Road
5. Ordinance to grant a 1 O-year LEASE of Stumpy Lake Golf Course to Stumpy Lake Golf
Course, Inc. re renovation and operation until December 31, 2017, with renewal options
6. Ordinances to APPROPRIATE and TRANSFER
a. $36,655 from School's Instruction Category to the Administration Category within the 2007-
2008 budget re Grants Manager position
b. $207,270 from Schools Landscaping Internal Service Fund to Parks and Recreation 2007-
2008 budget re one-time expenses for landscaping at schools
c. $625,652 from Tourism Advertising Special Revenue Fund (TAP) to the Convention and
Visitor's Bureau for advertising and marketing activities
L. PLANNING
1. Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the
requirements of the City Zoning Ordinance (CZO), Subdivision for U.S. Fish and Wildlife
~ervice (USFWS) at 3180 New Bridge Road
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION
APPRovAL
2. Application of AGAP AE INTERNATIONAL CHURCH for Modification of a Conditional Use
Permit (approved by City Council on December 3, 1996) to remove Condition No.6 in order to
allow a portable unit to house Sunday School and Youth Ministry activities at 2641 Princess Anne
Road
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDA nON
APPROV AL
3. Applications for Change of ZoninJ[ District Classifications for:
a. MOUNTAIN VENTURES VIRGINIA BEACH, LLC from AG-2 Agricultural District to
Conditional B-2 Community Business District re retail and office space at Winterberry Lane
and Princess Anne Road (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION
APPROVAL
b. GARNETT POINT ROAD, LLC, from PD-H2 Planned Unit Development District (A-12) to
P-l Preservation District (approved by City Council June 12,2007) re open space at 416-516
Garnett Point Road (DISTRICT 4 - BA YSIDE)
RECOMMENDATION
APPROVAL
4. Application of JOHN SARGENT for Expansion of a Nonconforming Use re the conversion of a
glassed-in porch, expansion of a utility room and add a new set of exterior stairs at 203 62nd
Street (DISTRICT 5- L YNNHA VEN)
RECOMMENDATION:
APPROVAL
5. Application of BONA VENTURE INVESTMENTS, LLC re Modification of a Conditional
Change of Zoning (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. (Deferred by City
Council on February 5, 2008)
RECOMMENDATION:
APPROVAL
M. APPOINTMENTS
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
COMMUNITY SERVICES BOARD (CSB)
HUMAN RIGHTS COMMISSION
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
I I[
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
***********
Agenda 1/22/085t
www.vbgov.com
I I[
1. CITY COUNCIL'S BRIEFING
- Conference Room -
2:00 PM
A. SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) - Financial Analysis Model
John Hadfield, Executive Director
II. CAPITAL IMPROVEMENT PROGRAM (CIP) CRITERIA
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA
I I[
V. INFORMAL SESSION
- Conference Room -
3:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
I I[
VI. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Father Steve DeLeon, Pastor
Star of the Sea Catholic 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
February 5, 2008
G. AGENDA FOR FORMAL SESSION
.tsulutinu
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
I I[
H. PUBLIC BID OPENING
1. STUMPY LAKE GOLF COURSE - Lease for Operation
1. PUBLIC HEARINGS
1. LEASE OF CITY-OWNED PROPERTY
Tidewater Regional Group Home - 2293 Lynnhaven Parkway
2. INGRESS/EGRESS EASEMENT
U.S. Fish and Wildlife Service - New Bridge Road
Ad IDl18256882
Date I 0 1 /29/~008._._..__"
Notice is hereby given that in pursuance of Virginia Code
915.2-2100, bids shall be received for a lease of a
portion of Virginia Beach City property located at 4797
E. Indian River Road, in the City of Virginia Beach, for the
purpose of the private operation. maintenance and
physical improvement of the Stumpy Lake Golf Course.
Bids shall be received by the Purchasing Division,
Princess Anne Executive Park, Kempsville Building, 2388
Court Plaza Drive, Virginia Beach, Virginia 23456 on or
before 3:00 p.m. on February 11, 2008. Bids
received after that time and date shall be rejected. Bids
will be forwarded to the Mayor of the City of Virginia
Beach at the regular meeting of the City Council, which
will be held in the Council Chamber, City Hall Building,
Municipal Center, Virginia Beach, Virginia, on February
12, 2008 at 6:00 p.m., and after the receiving of bids,
the Council will either proceed with the consideration of
the ordinance awarding of the aforesaid lease or will
defer the matter to a subsequent meeting.
All bids must be in writing. The right to reject any and all
bids is hereby expressly reserved. A descriptive notice
of the ordinance awarding the lease is in the following
words:
AN ORDINANCE TO AWARD A LEASE OF THAT
CERTAIN PARCEL OF LAND (THE "LAND") SITUATED
IN THE CITY OF VIRGINIA BEACH, VIRGINIA, KNOWN
AS STUMPY LAKE GOLF COURSE, AS WELL AS ALL
BUILDINGS. STRUCTURES AND APPURTENANCES
NOW OR HEREAFTER LOCATED ON THE LAND (THE
"IMPROVEMENTS").
A copy of the proposed ordinance, including the lease
awarded thereby, is on file and available for inspection
during normal business hours in the office of the City
Clerk.
Ruth Hodges Fraser, MMC
City Clerk
Beacon Feb. 3 & 10, 2008 18256882
Ad shown is not actual print size
Time t~.:.04 ~M __._.._.)
I I[
10 18237384
Date Ig_1/~~~~~~______._l
lime -I :4~ ~IVI
LEASE OF CITY PROPERTY
The Virginia Beach City Council will hold a PUBLIC
HEARING on the proposed leasing of City-owned
property on Tuesday, February 12, at 6:00 p.m.
in the Council Chamber of the City Hall Building (Building
#1) at the Virginia Beach Municipal Center. Virginia
Beach, Virginia. The purpose of this Hearing will be to
obtain public comment on the City's proposal to lease
the following property:
Approximately 4080 Square Feet of Space I.ocated at
2293 Lynnhaven Parkway
If you are physically disabled or visually impaired and
need assistance at this meeting, please call the CITY
CLERK'S OFFICE at 385-4303.
Any questions concerning this matter should be directed
to the Department of Management Services - Room 228,
Building 18. (757) 385 5659.
Ruth Smith Fraser, MMC
City Clerk
Beacon Feb. 3, 2008
18237384
Ad shown is not actual print size
PUBLIC HEARING
ESTABLISHMENT/CONVEYANCE OF INGRESS/EGRESS
EASEMENT ON CITY PROPERTY
The Virginia Beach City Council will hold a PUBLIC HEARING for the establishment and
conveyance of a 15' ingress egress easement on City owned property, Tuesday, February 12,
2008, at 6:00 p.m., in the City Council Chamber located in the City Hall Building, (Building
#1 at the Virginia Beach Municipal Center). The property is located on the south side of
New Bridge Road in the Princess Anne District of the City of Virginia Beach (ref. GPIN
2413-71-00580). The purpose of this Hearing will be to obtain public input to detennine
whether a 15' ingress/egress easement should be established and conveyed to the U. S. Fish
and Wildlife Service in connection with its purchase of an adjacent 10 acre tract of City
owned property (ref. GPIN.2413-71-5222).
If you are physically disabled or visually impaired and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303.
Any questions concerning this matter should be directed to the Office of Real Estate, Room
170, Building #2 in the Virginia Beach Municipal Center. The telephone number for the
Office of Real Estate is (757) 385-4161.
Ruth Hodges Fraser, MMC
City Clerk
I II
J. CONSENT AGENDA
K. RESOLUTION/ ORDINANCES
1. Resolution in support of House Joint Resolution No. 89 directing the Auditor of Public Accounts
to study the operations and finances of the Southeastern Public Service Authority (SPSA)
(requested by Councilman DeSteph)
2. Ordinance to REVISE City Council's Policy to remove the limit on the number of speakers
allowed during "OPEN DIALOGUE" after adjournment of the Formal Session at the first
meeting of each month
3. Ordinance to AUTHORIZE the City Manager to execute a one year lease with four renewal
options with Tidewater Regional Group Home Commission at 2293 Lynnhaven Parkway
4. Ordinance to GRANT an ingress/egress easement over City property to the U.S. Fish and
Wildlife Service (USFWS) re Back Bay National Wildlife Refuge's expansion at 3180 New
Bridge Road
5. Ordinance to grant a 10-year LEASE of Stumpy Lake Golf Course to Stumpy Lake Golf
Course, Inc. re renovation and operation until December 31, 2017, with renewal options
6. Ordinances to APPROPRIATE and TRANSFER
a. $36,655 from School's Instruction Category to the Administration Category within the 2007-
2008 budget re Grants Manager position
b. $207,270 from Schools Landscaping Internal Service Fund to Parks and Recreation 2007-
2008 budget re one-time expenses for landscaping at schools
c. $625,652 from Tourism Advertising Special Revenue Fund (TAP) to the Convention and
Visitor's Bureau for advertising and marketing activities
I II
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution in Support of House Joint Resolution 89, Directing the Auditor of
Public Accounts to Study the Operations and Finances of the Southeastern
Public Service Authority
MEETING DATE: February 12, 2008
. Background: The City is a member of the Southeastern Public Service
Authority ("SPSA"). SPSA's primary purpose is to acquire, finance, construct, operate,
and maintain garbage and trash collection and disposal in each of its member localities.
SPSA has amassed a debt of more than $300 million, which must be paid in
approximately eleven years. Delegate John A. Cosgrove has introduced in the General
Assembly a House Joint Resolution that directs a study of SPSA's operations and
finances. On February 5, the House of Delegates' Committee on Rules (of which
Delegate Cosgrove is a member) unanimously adopted a substitute version of Delegate
Cosgrove's bill.
. Considerations: The original version of Delegate Cosgrove's bill directed the
Joint Legislative and Audit Review Commission ("JLARC") to study the issue, and a
contemplated substitute draft would have established a joint legislative subcommittee to
conduct the study. The current revision, however, directs the Auditor of Public Accounts
to conduct the study. This is the version that was unanimously approved by the
Committee on Rules, and this version is scheduled to be voted on by the full House of
Delegates. A copy is attached.
. Public Information: This item will be advertised in the same manner as other
agenda items.
. Attachments: Resolution, House Joint Resolution No. 89
Requested by Council member DeSteph
.. I II
Requested by Councilmember DeSteph
1 A RESOLUTION IN SUPPORT OF HOUSE JOINT
2 RESOLUTION 89, DIRECTING THE AUDITOR OF
3 PUBLIC ACCOUNTS TO STUDY THE OPERATIONS
4 AND FINANCES OF THE SOUTHEASTERN PUBLIC
5 SERVICE AUTHORITY
6
7 WHEREAS, the City is a member of the Southeastern Public Service Authority
8 ("SPSA"), and the primary purpose of SPSA is to acquire, finance, construct, operate,
9 and maintain garbage and trash collection and disposal in each of its member localities;
10
11 WHEREAS, SPSA has amassed a debt of more than $300 million, which must
12 be paid in approximately eleven years;
13
14 WHEREAS, an independent analysis of SPSA's operations and finances is
15 needed; and
16
17 WHEREAS, Delegate John A. Cosgrove has introduced in the General Assembly
18 a House Joint Resolution that directs a study of SPSA's operations and finances;
19
20 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
23 That the City Council supports House Joint Resolution No. 89 and requests that
24 the City's delegation to the General Assembly also support the legislation.
25
26 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
27 BEACH, VIRGINIA:
28
29 That the City Clerk is hereby directed to transmit a copy of this resolution to each
30 member of the City's local Delegation to the General Assembly and to Delegate
31 Cosgrove.
32
33 Adopted by the City Council of the City of Virginia Beach, Virginia, this
34 day of , 2008.
APPROVED AS TO LEGAL
SUFFICIENCY:
~a4i~
City Attorney's Offi
CA10620 R-2 February 7,2008
2008 SESSION
HOUSE SUBSTITUTE
"'"
on
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084225472
1 HOUSE JOINT RESOLUTION NO. 89
2 AMENDMENT IN THE NATURE OF A SUBSTITUTE
3 (Proposed by the House Committee on Rules
4 on February 5,2008)
5 (patron Prior to Substitute-Delegate Cosgrove)
6 Directing the Auditor of Public Accounts to collect, receive, and analyze data and information relating
7 to the operation and finances of the Southeastern Public Service Authority of Virginia. Report.
8 WHEREAS, historically, solid waste had been handled in southeastern Virginia by the individual
9 localities, with each city or county either collecting and disposing of waste within its borders or
10 transporting the waste to a neighboring locality for disposal; and
11 WHEREAS, in 1973, local communities realized the need for a regional water supply system and
12 created the Southeastern Water Authority of Virginia, and in 1976, the local municipalities also realized
13 the need for regional management of their solid waste and agreed to establish the Southeastern Public
14 Service Authority of Virginia (SPSA); and
15 WHEREAS, upon its establishment, SPSA's responsibilities included the development of a regional ~
16 solid waste disposal system that included a resource recovery operation; and
17 WHEREAS, SPSA's mission is to dispose of waste "in an environmentally sensitive manner, 0
18 minimizing damage for current and future generations and reusing waste whenever possible, turning it ~
19 into a useful product"; and '-I
20 WHEREAS, in 1977, the General Assembly authorized bonding authority for SPSA for the purpose
21 of providing acquisition, fmancing, construction, operation, and maintenance of a water system and a (Il
22 garbage and refuse collection and disposal system; and
23 WHEREAS, in 1978, initial funding for SPSA's operation in the amount of $3 million was provided l1:I
24 through bond anticipation notes secured by four local communities; and
25 WHEREAS, during the mid-to-Iate 1980s, facilities were constructed with funding provided through
26 several bond issues and staff was hired to operate its facilities; and
27 WHEREAS, SPSA's member localities, which include the Cities of Chesapeake, Franklin, Norfolk, (Il
28 Portsmouth, Suffolk, and Virginia Beach, and the Counties of Isle of Wight and Southampton, have
29 entered into Use and Support Agreements with SPSA that require the delivery of substantially all of the q
30 waste generated within the member localities' boundaries, and these agreements will expire in 2018; ....
31 now, therefore, be it ""
32 RESOLVED by the House of Delegates, the Senate concurring, That the Auditor of Public Accounts (Il
33 be directed to collect, receive, and analyze data and information relating to the operation and fmances of
34 the Southeastern Public Service Authority of Virginia. ~
35 In collecting and analyzing such data and information, the Auditor of Public Accounts shall assess H
36 SPSA's fmancial stability and performance, compare SPSA's operations with similar public and private
37 entities, and make such recommendations as he may deem relevant to the purposes of this study. ~
38 Technical assistance shall be provided by the staffs of the House Committee on Appropriations and
39 the Senate Committee on Finance. All agencies of the Commonwealth shall provide assistance to the q
40 Auditor of Public Accounts in collecting the data and information, upon request. L,]
41 The Auditor of Public Accounts shall submit to the Division of Legislative Automated Systems an r-:I
42 executive summary and the data and information collected, including any recommendations, on the tzj
43 Southeastern Public Service Authority of Virginia no later than the first day of the 2009 Regular Session
44 of the General Assembly. The executive summary and data and information, including any
45 recommendations of the Auditor of Public Accounts, shall be submitted for publication as a report
46 document as provided in the procedures of the Division of Legislative Automated Systems for the
47 processing of legislative documents and reports and shall be posted on the General Assembly's website.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution in Support of House Joint Resolution 89, Directing a Joint
Subcommittee of the General Assembly to Study the Operations and Finances of
the Southeastern Public Service Authority
MEETING DATE: February 12, 2008
. Background: The City is a member of the Southeastern Public Service
Authority ("SPSA"). SPSA's primary purpose is to acquire, finance, construct, operate,
and maintain garbage and trash collection and disposal in each of its member localities.
SPSA has amassed a debt of more than $300 million, which must be paid in
approximately eleven years. Delegate John A. Cosgrove has introduced in the General
Assembly a House Joint Resolution that directs a study of SPSA's operations and
finances.
. Considerations: The initial version of Delegate Cosgrove's bill directed the
Joint Legislative and Audit Review Commission ("JLARC") to study the issue, but
Delegate Cosgrove has prepared a substitute draft that instead would establish a joint
legislative subcommittee to conduct the study. The subcommittee would have 11
members: 4 House members, 3 Senate members, 2 citizen members .(one of whom
represents the private business sector and the other would be a member of the
Hampton Roads Planning District Commission), and 2 ex-officio non-voting members
(the state Director of Planning and Budget or designee, and the Director of the
Department of Environmental Quality ("DEQ") or designee). A draft of the proposed
substitute is attached.
. Public Information: This item will be advertised- in the same manner as other
agenda items.
. Attachments: Resolution, Substitute Draft of House Joint Resolution No. 89
Requested by Councilmember DeSteph
Requested by Council member DeSteph
1 A RESOLUTION IN SUPPORT OF HOUSE JOINT
2 RESOLUTION 89, DIRECTING A JOINT
3 SUBCOMMITTEE OF THE GENERAL ASSEMBLY
4 TO STUDY THE OPERATIONS AND FINANCES OF
5 THE SOUTHEASTERN PUBLIC SERVICE
6 AUTHORITY
7
8 WHEREAS, the City is a member of the Southeastern Public Service Authority
9 ("SPSA"), and the primary purpose of SPSA is to acquire, finance, construct, operate,
10 and maintain garbage and trash collection and disposal in each of its member localities;
11
12 WHEREAS, SPSA has amassed a debt of more than $300 million, which must
13 be paid in approximately eleven years;
14
15 WHEREAS, an independent analysis of SPSA's operations and finances is
16 needed; and
17
18 WHEREAS, Delegate John A. Cosgrove has introduced in the General Assembly
19 a House Joint Resolution that directs a study of SPSA's operations and finances;
20
21 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 That the City Council supports House Joint Resolution No. 89 and requests that
25 the City's delegation to the General Assembly also support the legislation.
26
27 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
28 BEACH, VIRGINIA:
29
30 That the City Clerk is hereby directed to transmit a copy of this resolution to each
31 member of the City's local Delegation to the General Assembly and to Delegate
32 Cosgrove.
33
34 Adopted by the City Council of the City of Virginia Beach, Virginia, this
35 day of ,2008.
APPROVED AS TO LEGAL
SUFFICIENCY:
;e~
City Attorney's OffiCJS--
CA10620 R-1 January 30, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM:
An Ordinance Approving and Adopting a Revised Policy Pertaining to
Time Limits for Speakers at City Council Meetings
MEETING DATE: February 12, 2008
. Background:
On March 11, 2003, City Council adopted a policy entitled, "Time Limits for
Speakers at City Council Meetings." The policy permitted public comment only
on items included in Council's agenda. On September 14, 2004, City Council
amended the policy to allow public comment on items that are not on Council's
agenda. Public comment on non-agenda items is allowed at the end of the first
formal session of each month, and a maximum of ten speakers per meeting are
allowed to speak. Speakers were given three minutes each, but on March 27,
2007, City Council amended the policy to provide that each speaker may have
five minutes to speak on non-agenda items.
. Considerations:
The attached revised policy deletes the provision that limits the number of
speakers who may address Council regarding non-agenda items.
. Public Information:
This item will be advertised in the same manner as other agenda items.
. Attachments:
Ordinance, Revised Policy
Requested by City Council
I II
1
2
3
4
5
6
AN ORDINANCE
ADOPTING A
PERTAINING TO
SPEAKERS AT CITY
APPROVING AND
REVISED POLICY
TIME LIMITS FOR
COUNCIL MEETINGS
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That the City Council hereby approves and adopts the
11 revised policy entitled "Time Limits for Speakers at City
12 Council Meetings, II dated February 12, 2008, which policy has
13 been exhibited to the City Council, and a true copy of which is
14 on file in the City Clerk's Office.
15
16 Adopted by the City Council of Virginia Beach, Virginia on
17 this day of February, 2008.
APPROVED AS TO LEGAL SUFFICIENCY:
~~~
City Attorney's flce
CA-I0623
Rl
February 6, 2008
City Council Policy
Title: Time Limits for Speakers at City Council Meetings
Date of Adoption: March 11, 2003 Dates of Revisions: September 14, 2004 Page 1 of 3
March 27, 2007
February 12, 2008
1.0 Purpose and Need
The purpose of this policy is to provide reasonable, workable time limits for speakers at City Council
meetings. The need for such a policy was determined by the City Council at its retreat on February 18,
2003. The policy is intended to recognize and accommodate the mutual interests of persons desiring
to speak at City Council meetings, the value to the City Council of public comment, and the need for
the City Council to conduct business in an orderly, expeditious manner.
This policy shall not apply to the discussion of agenda items by members of the City Council during
City Council meetings or to City Staff members acting in such capacity.
2.0 Time Limits
2.1 Planning Agenda Items
(a) Planning Agenda items include rezonings, conditional zonings, conditional use permits, land use
plan approvals, code and Comprehensive Plan amendments, nonconforming use resolutions, street
closures and any other items for which a public hearing is required pursuant to Chapter 22 of Title 15
of the Virginia Code.
(b) The applicant, or representative of the applicant (generally, an attorney, professional engineer or
other professional retained by the applicant) shall be allowed ten minutes for his or her initial
presentation and an additional three minutes for rebuttal if any opponents of the application have
spoken.
(1) If there is more than one applicant (as, for example, when both the property owner and
proposed developer are applicants) or if the applicant and representative both desire to
speak, only one of them shall be allowed to speak for ten minutes. Upon request, however,
the presiding officer may allow them to divide their time equally, so long as the total time of
their initial presentation does not exceed ten minutes.
(2) Speakers addressing the City Council in a representative capacity shall not be allowed
additional time in which to speak on his or her own behalf.
(c) All other persons speaking in support of the application shall be allowed three minutes, and shall
not be entitled to speak in rebuttal of any opposition comments.
(d) Opponents of an application shall be allowed three minutes each. In the event the opponents are
represented by an attorney, engineer or other professional whose profession includes, as a customary
part thereof, appearing before governmental bodies in a representative capacity, such representative
shall be allowed ten minutes. In such cases, persons represented shall be encouraged not to proVide
additional comments.
I I[
Title: Time Limits for Speakers at City Council Meetings
Date of Adoption: March 11, 2003 Dates of Revisions: September 14, 2004 Page 2 of 3
March 27, 2007
February 12, 2008
(1) Only one speaker in opposition to the application shall be allowed ten minutes to speak. If
there is more than one representative described in subsection (d), only one of them shall be
allowed to speak for ten minutes. Upon request, however, the presiding officer may allow
them to divide their time equally, so long as the total time of their presentation does not
exceed ten minutes.
(e) Opponents of an application shall not be entitled to address the City Council in rebuttal of any
statements or other material provided to the City Council during the applicant's rebuttal.
2.2 Regular Agenda Items
(a) Regular agenda items include all other agenda items at which public comment is allowed.
(b) Each speaker, whether or not in a representative capacity, shall be allowed three minutes.
2.3 Comment on Non-Agenda Items
(a) Time shall be allotted after the conclusion of the first formal session of each month for non-
televised public comments on non-agenda items.
(b) Each speaker, whether or not in a representative capacity, shall be allowed five (5) minutes.
(0) N. each Fl'Ieeting, up to ten (10) speakers may register to speak en non agenda items. If Fl'Ioro
than ten spoakers request an eppertunity to speak, only the first ten to register with the City Clerk
shall be allo'Ned to speak.
3.0 Timekeeping; Written Material
(a) The City Clerk shall keep time for each speaker in accordance with the provisions of Section 2,
and shall verbally notify the speaker and presiding officer at the expiration of the time allowed for each
speaker.
(b) Written comments or other material may be tendered to the City Clerk by any person desiring to
do so.
4.0 Modification of Time Limits
(a) The presiding officer, with the consent of the City Council, may extend or reduce any of the time
limits set forth in Section 2.
(b) The time limits for speakers set forth in Section 2 shall be exclusive of the time taken in
responding to questions of members of the City Council.
5.0 Registration of Speakers
Any person desiring to address the Council shall register with the City Clerk prior to the opening of the
meeting. The inadvertent failure to do so shall not, however, disqualify any person from speaking.
Title: Time Limits for Speakers at City Council Meetings
Date of Adoption: March 11, 2003 Dates of Revisions: September 14,2004 Page 3 of 3
March 27, 2007
February 12, 2008
6.0 Public Notice of Policy
In accordance with City Code Section 2-41, this policy shall be included on the City's internet web site,
posted outside of the City Council Chambers, and published in the City Council agenda for each
regular meeting.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance authorizing the City Manager to execute a lease for one year, with
four optional one-year renewals, with Tidewater Regional Group Home Commission for
4,080 square feet of City-owned property located at 2293 Lynnhaven Parkway in the
City of Virginia Beach
MEETING DATE: February 12, 2008
. Background: Tidewater Regional Group Home Commission, a public body
corporate established pursuant to Virginia Code g16.1-315 et seq. ("TRGHC"), would
like to lease 4,080 square feet of property from the City of Virginia Beach (the "City")
located at 2293 Lynnhaven Parkway in the City of Virginia Beach (the "Property").
TRGHC would use the Property for a transitional living program providing residential
housing for juvenile offenders. TRGHC (and its predecessors) has been leasing this
property from the City for approximately 30 years. The Property is improved with an
existing residence.
. Considerations: This lease would be for a term of one (1) year, with four one-
year renewals, and the City has a thirty-day (30) termination option. The terms and
conditions governing the behavior of the residents of the Property are set forth in the
Lease itself and Memoranda of Understanding between TRGHC and the City and
TRGHC and the City of Virginia Beach Police Department
. Public Information: Advertisement of Public Hearing
Advertisement of City Council Agenda
. Alternatives: Approve terms of the Lease Agreement as presented, alter
terms of the proposed Lease Agreement or decline to lease the subject premises.
. Recommendations: Approval
. Attachments: Ordinance
Summary of Terms
Location map
Recommended Action: Approval
Submitting Department/Agency: Mana emen
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. I I[
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR ONE
3 YEAR, WITH FOUR OPTIONAL ONE-YEAR
4 RENEWALS, WITH TIDEWATER REGIONAL
5 GROUP HOME COMMISSION, FOR 4,080 SQUARE
6 FEET OF CITY-OWNED LAND LOCATED AT 2293
7 LYNNHAVEN PARKWAY IN THE CITY OF VIRGINIA
8 BEACH
9
10
11 WHEREAS, the City of Virginia Beach (the "City") is the owner of that
12 certain parcel of land located at 2293 Lynnhaven Parkway in the City of Virginia
13 Beach (the "Property").
14
15 WHEREAS, Tidewater Regional Group Home Commission, a public body
16 corporate established pursuant to Virginia Code 916.1-315, et seq., ("TRGHC")
17 desires to lease 4,080 square feet of the Property as set forth on Exhibits A
18 and B (the "Premises"). TRGHC has agreed to lease the Premises from the City
19 for one year, with four optional one-year renewals, with a lease payment of One
20 Dollar ($1.00) per year.
21
22 WHEREAS, TRGHC has leased the Premises from the City for
23 approximately 30 years;
24
25 WHEREAS, the Premises will be utilized as a transitional living program
26 house providing residential housing for juvenile offenders and for no other
27 purpose.
28
29 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
30 OF VIRGINIA BEACH, VIRGINIA:
31
32 That the City Manager is hereby authorized to execute a lease for the term
33 of one year, with four optional one-year renewals, between TRGHC and the City,
34 for the Premises in accordance with the Summary of Terms attached hereto and
35 such other terms, conditions or modifications as may be satisfactory to the City
36 Manager and the City Attorney.
37
38 Adopted by the Council of the City of Virginia Beach, Virginia on the
39 day of , 2008
CA 10545
v :\applicationslcitylawprodlcycom321 WpdocsID027IPOO21000361I I.DOC
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February 1, 2008
APPROVED AS TO LEGAL
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City Attorney
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EXHIBIT A
The Premises are a part of the property identified as GPIN: 1475-35-
2438 and generally known as 2293 Lynnhaven Parkway and are more
particularly shown as the shaded area on the map on Exhibit B and
extend from the access road on the east to the tree line on the west and
from the fence on the north to Lynnhaven Parkway on the south.
V:lapplicationslcitylawprodlcycom321 WpdocsIDOO 1 IP002100048183.DOC
Exhibit B
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SUMMARY OF TERMS
LEASE FOR THE USE OF 4,080 SQUARE FEET OF
CITY REAL PROPERTY
LESSOR: City of Virginia Beach
LESSEE: Tidewater Regional Group Home Commission
PREMISES: Approximately 4,080 square feet of City property, including the existing
residence, located at 2293 Lynnhaven Parkway in the City of Virginia Beach
TERM: February 15,2008 through February 14,2009.
RENEWAL: Four optional one-year terms.
TERMINATION: City may terminate at any time on thirty (30) days written notice to
Lessee.
RENT:
Rent shall be one dollar ($1.00).
RIGHTS AND RESPONSIBILITIES OF
TIDEWATER REGIONAL GROUP HOME COMMISSION:
. Will use the Premises for a transitional living program providing residential housing
for juvenile offenders and for no other purposes.
. Will comply with all terms, conditions and reporting requirements regarding the behavior
of the residents set forth in the Lease and Memoranda of Understanding between TRGHC
and the City, attached as Exhibit 1, and TRGHC and the City of Virginia Beach Police
Department, attached as Exhibit 2.
. Will keep, repair, and maintain the Premises at its expense and will do so in a
workmanlike manner.
. Will maintain commercial general liability insurance coverage with policy limits of not
less than one million dollars ($1,000,000) combined single limits per occurrence, issued
by an insurance company licensed to conduct the business of insurance in Virginia. Such
insurance shall name the City of Virginia Beach as an additional insured. Lessee shall
provide a certificate evidencing the existence of such insurance.
. Will assume the entire responsibility and liability for any and all damages to persons or
property caused by any act or omission of the Lessee or its agents, etc. associated with
the use of the Premises.
. Will comply with all applicable laws, ordinances, and regulations in the performance of
its obligations under the Lease, including Virginia Beach Code Section 23-59.
RIGHTS AND RESPONSIBILITIES OF
THE CITY:
. Will have access to the Premises at any time, without prior notice, in the event of an
emergency.
. Will have the right to require Tidewater Regional Group Home Commission to surrender
possession and control of the Premises to the City upon forty-eight (48) hours notice in
the discharge of its powers, purposes, or responsibilities.
. Will have the right to grant easements and rights of way across, in, under and through the
Premises for streets, alleys, public highways, drainage, and other similar purposes.
V:lapplicalionslcilylawprod\cycom32\ WpdocsID027\P002\00036112.DOC
I I[
EXHIBIT 1
TIDEWATER REGIONAL
GROUP HOME COMMISSION
2404 Airline Boulevard, Portsmouth, Virginia 23701
Telephone: (757) 488-9161 · Fax: (757) 488-9652
MEMORANDUM OF UNDERSTANDING
Between the City of Virginia Beach and
Tidewater Regional Groop Home Commission
July 1,2007
=
The intent of this memorandum is to establish guidelines which will enhance the
level of communication betWeen the City of Virginia Beach ("City") and the Tidewater
Regional Group Home Commission ("TRGHC"). TRGHC operates residential
programs for youth at two City locations: 2293 Lynnhaven Parkway (Transitional Living
Program) and 811 13th 81. (Crisis Intervention Home).
TRGHC will report the following information to he City Manager's Office:
1. Any incideIitsinvolving active program clients committing crimes against citizens
or property and/or any incidents that have the potential for media coverage.
2. Any plans to change the mission ora program, to close a program or to change
the target population to be served..
3. Any sanctions by regulatory authorities.
4. Any founded child protective services reports against staff of the facilities.
5. Injury or illness (requiring hospitalization) or death of a program resident.
6. Any legal action taken against the program or TRGHC.
7. Any disputes between TRGHC facilities and the adjoining neighbors or
neighborhood associations.
8. Damage to the buildings or property caused by fire, flood, vandalism, natural or
man-made disasters.
The City will infonn TRGHC of the following:
1. Potential changes in city property uses that may impact a TRGHC program.
2. Budgetary and/or funding decisions which will change local government's level
of support for juvenile justice services.
3. Economic development initiatives which will change the neighborhood
environments in which TRGHC operates.
The above examples are not intended to be all inclusive but cover major areas
needing direct communication. It is agreed that the City's Chief of Staff and the
Executive Director ofTRGHC will hold a face to face meeting at least annually to review
areas of mutual interest and to address any pending issues.
d:te+
Executive Director, TRGHC
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Date
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Dattd I
Susan D. Walston
Chief of Staff, City of Virginia Beach
I II
EXHIBIT 2
Memorandum of Understanding between the Virginia' SeachPolice
Department (VSDP) and Transitional Living Program (TLP), a program
operated by the Tidewater Regional Group Home Commission (TRGHC)
June 20, 2007
This Memorandum of Understanding will provide protocols for communication
and collaboration between the Transitional Living Program (TLP) and the Virginia
Beach Police Department (VBPD) to maximize communitY safety.
TLP will evaluate their current selection process to ensure enhanced screening
of applicants. This will include additional layers of review of applicants by
TRGHC Deputy Director and/or Executive Director for referrals involving felony
crimes against persons (Le. malicious wounding).
Effective March 16, 2006, all new admissions into the TLP will' be placed on
electronic monitoring using real-time GPS tracking for a minimum of the first 30
days. Release from the monitoring will be contingent on the youth making a
satisfactory adjustment with no major program rule violations.
Monitoring will include the exclusion of youths from those areas with high crime
patterns and gang activity. Residential areas surrounding the Transitional Living
Program will also be included in the exclusion zones.
Records of the GPS monitoring are available indefinitely for subsequent review
should the whereabouts of any of the residents need to be ascertained during
monitoring or after it has been discontinued.
TLP will continue to use metal detector wands to check for weapons on both the
youth and their rooms
TLP has increased the use of vehicle transportation for youths going to jobs,
school, etc. to reduce foot traffic by program residents in the neighborhood
The VBPD will inform TLP of potential problem areas, crime trends, and gang
activity around the TLP. TLP will also use iPRO (Electronic Police Reports) to
identify potential problem areas. TLP will then restrict you-tils from these areas.
TLP will monitor video surveillance cameras around the TLP and provide logs of
activity to VBPD when requested.
TLP will notify VBPD of youths who are AWOL or have generated GPS alerts
The VBPD 4th Precinct will visit TLP every 4-6 weeks to interact with youth and
"humanize" the police. Also provides opportunity for PD to become familiar with
youths. In addition, an officer of the VBPD 4th Precinct will communicate with the
program's administration on a bi-weekly basis for updates on the current
population.
TLP will notify V8PD, 4th Precinct of all new admission and those who exit from
the program
A representative from the Transitional Living Program will attend VBPD 4th
Precinct CAC meetings to observe and listen to citizen concerns in the Precinct
TLP and V8PD will exchange information on any suspicious behavior involving
youths within the confines of current privacy legislation.
C Executive Director Date
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: AN ORDINANCE TO AUTHORIZE AN
EASEMENT OVER AND ACROSS A PORTION
OF CITY PROPERTY LOCATED AT 3180 NEW
BRIDGE ROAD IN THE CITY OF VIRGINIA
BEACH, VIRGINIA TO THE UNITED STATES OF
AMERICA
MEETING DATE: February 12, 2008
Background: The United States Fish and Wildlife Service (USFWS) plans to purchase 10
acres of City property located at 3180 New Bridge Road for $500,000 to expand its Back Bay
National Wildlife Refuge. This 10-acre parcel has been subdivided out of the 45.5-acre parcel
that the City acquired from Inez White May, 2006. City Council approved the sale of the 10-
acre parcel to USFWS on May 8, 2007 pursuant to ORD-2977 A.
Considerations: USFWS has requested that the City grant an ingress/egress easement
over the remainder of the City parcel for the purpose of access to New Bridge Road. This
access easement is necessary in order to support the appraised value of the property at
$50,000 per acre.
Public Information: Advertisement for public hearing as required by Section 15.2-1800
Code of the Virginia and advertisement of City Council Agenda.
Alternatives: Decline to grant the easement.
Recommendations: Approval of Ordinance to Authorize an Easement Over and Across City
Property Located at 3180 New Bridge Road in the City of Virginia Beach, VA to the United
States of America.
Attachments:
Ordinance; Deed of Easement, Exhibit Plat
Recommended Action: Approval .41 fl/
Submitting Department/Agency: Public Works/Real Estate w~f\D
City Manag . l ~~
X:\Projects\Excess Property.White Farm\Revised ARF.DOC
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AN ORDINANCE TO AUTHORIZE AN
EASEMENT OVER AND ACROSS A
PORTION OF CITY PROPERTY
LOCATED AT 3180 NEW BRIDGE
ROAD IN THE CITY OF VIRGINIA
BEACH, VIRGINIA TO THE UNITED
STATES OF AMERICA
WHEREAS, the City ("City") is the owner of certain land (the "City Property")
located at 3180 New Bridge Road in the City of Virginia Beach, Virginia;
WHEREAS, pursuant to an Agreement for the Purchase of Lands dated May 8,
2007, as amended by an Amendment to Agreement for the Purchase of Lands dated of
even date therewith, the United States of America (the "United States") plans to
purchase 10 acres of the City Property (the "US Property") located in the Southeast
corner and adjacent to other United States lands;
WHEREAS, the City wishes to create a perpetual easement over the area shown
on that certain amended subdivision plat entitled: "AMENDED SUBDIVISION OF INEZ
P. WHITE PARCEL X (INST. NO. 20060127000149320) FOR THE CITY OF VIRGINIA
BEACH VIRGINIA BEACH, VIRGINIA" (the "Plat") attached hereto and incorporated
herein by reference for the benefit of the United States for the purpose of providing
access to New Bridge Road.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the City Council approves the granting of a perpetual, non-exclusive
easement (the "Easement") for the benefit of the United States Property over and
across the Easement Area for the purpose of providing access to New Bridge Road.
2. That the Easement is expressly subject to those terms, conditions and
criteria contained in the Deed of Easement between the City of Virginia Beach and the
United States (the "Agreement"), which is attached hereto and incorporated by
reference.
3. That the City Manager or his authorized designee is hereby authorized to
execute the Agreement and any other documents necessary and appropriate in
connection with the easements, so long as such documents are acceptable to the City
Manager and the City Attorney.
of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day
I II
CA-10548
V:\applications\citylawprod\cycom32\Wpdocs\D018\P002\0004 7375.DOC
R-1
2/1/2008
APPROVED AS TO CONTENT
~ C. 00wSPh
L1C WORKS/REAL ESTATE
APPROVE~r~;A~L
S~~..M
CITY ATTORNEY
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FRIENDS SCHOOl,INC.
INST. NO. 200401220012247
M.B. 145 PC. 25
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PROPOSED 15' INGRESS /EGRESS
EASEMENT FOR THE BENEFIT OF
PARCEL X-2
AREA= 11,516 SQ. FT. OR 0.2644 ACRE
1
~ : PARCEL X-2
;' 1 INST. NO. 20071107001503910 (PLAT)
;]o' GPIN 2413-71-5222
~I AREA = 435,600 SQ. FT.
: OR 10.00 ACRES
:' (NOT A BUILDING SITE)
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NOW OR FORMERLY
CITY OF VIRGINIA BEACH
INST. NO. 20060601000831300
PARCEL X-1
INST. NO. 2007110700153910 (PLAT)
GPlN 2413-71-0580
AREA = 1,548,363 SQ. FT.
OR 35.54553 ACRES
(NOT A BUILDING SITE)
LEGEND
. PIN (F)
o CONC. MON. PIN
00 AXLE (F)
S PIPE (F)
1
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GRAPHIC SCALE I" : 100'
O'
100'
200.
easement exhibit.dgn 2/4/2008 11 :28:12 AM
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BOUNDARY UNE AGREEMENT~
INST. N0.2007l102001482270 (PLAT) I
9:
:08
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E = 12217668.51 :
NOW OR FORMERLY
JOHN W. CROMWELL, JR. &
ELIZABETH WINTERS
CROMWELL
D.B. 2940 PC. 1330
M.B.16O PC. 34
GPIN 2413-82-8269
EXHIBIT DRAWING
OF
PROPOSED 15' INGRESS /EGRESS EASEMENT
FOR THE BENEFIT OF
PARCEl X-2
DEED OF EASEMENT
THIS DEED OF EASEMENT is made as of the _ day of ,2008, by and
between THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia (the "City"), grantor for purposes of indexing, and THE UNITED STATES OF
AMERICA (the "United States"), grantee for purposes of indexing.
RECITALS
R-1. The City is the owner of that certain parcel ofland (the "City Parcel") located in
the City of Virginia Beach, Virginia, known as Parcel X-Ion that certain subdivision plat (the
"Subdivision Plat") entitled "Amended Subdivision of Inez P. White Parcel X (lost. No.
20060127000149320) (Plat) For The City of Virginia Beach Virginia Beach, Virginia" prepared
by the City of Virginia Beach, Department of Public Works, Engineering Division, Survey
Bureau, dated December 19,2007, and recorded in the Clerk's Office for the Circuit Court of the
City of Virginia Beach (the "Clerk's Office") as Instrument Number
R-2. The United States is the owner of that certain parcel (the "US Parcel") ofland
located in the City of Virginia Beach, Virginia, known as Parcel X-2 on the Subdivision Plat.
R-3. The City wishes to create a perpetual, non-exclusive easement (the "Easement")
for the benefit of the US Parcel, through, over and across the area designated on the Subdivision
Plat as "15' Ingress/Egress Easement Hereby Established For The Benefit of Parcel X-2 Area =
11,516 Sq. Ft. Or 0.2644 Acre" (the "Easement Area") for the purpose of providing access to
New Bridge Road.
NOW, THEREFORE, for and in consideration of the foregoing, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties
agree as follows:
1. Easement. The City hereby grants to the United States, for the benefit of the US
Parcel, the non-exclusive right, privilege and easement through, over and across the Easement
Area for the purposes of ingress/egress to New Bridge Road and for no other purpose.
2. Maintenance of Easement Areas. The United States shall use every effort to
minimize damage to the City Parcel, including the Easement Area, and shall promptly restore
any such damage.
3. No Impairment. The United States agrees that it will use the rights granted under
this Deed of Easement with due regard to the rights of others in their use of such non-exclusive
easements. They shall not use such non-exclusive easements in any way that would impair the
rights of others to use the easements.
4. Notices. All notices, requests or other communications under this Deed of
Easement shall be in writing and shall be deemed duly given upon delivery to the following
applicable addresses either (i) in person or by reputable overnight or other private courier (with
receipt therefor); (ii) by certified or registered mail, return receipt requested; or (iii) by facsimile
transmittal, provided that the notice shall also be sent, either by certified mail, return receipt
. I II
requested, or by Federal Express or other reputable overnight courier service within one (1)
business day after such facsimile transmittal, as follows:
As to the City:
City of Virginia Beach
Attn: James C. Lawson
City Real Estate Agent
Department of Public Works-Office of Real Estate
2405 Courthouse Drive, Room 392
Virginia Beach, Virginia 23456-9030
Fax #: 757-385-4456
Copy to:
Office of the City Attorney
2412 North Landing Road
Municipal Center
Building 20, First Floor
Virginia Beach, Virginia 23462
Fax #: 757-385-1167
As to the
United States:
Copy to:
5. Miscellaneous.
(a) No person shall, as a result of this Deed of Easement, acquire any right,
title or interest in any portion of any property belonging to another except for such rights as are
created expressly by this Deed of Easement, and nothing in this Deed of Easement shall be
construed as creating any rights in or for the benefit of the general public.
.
(b) If any provision of this Deed of Easement shall be determined to be void
or unenforceable by any court of competent jurisdiction, then such determination shall not affect
any other provisions of this Deed of Easement, all of which other provisions shall remain in full
force and effect. If any provision of this Deed of Easement is capable of two constructions, one
of which would render the provision void and the other of which would render the provision
valid, then the provision shall have the meaning that renders it valid.
(c) Article headings, captions and other similar designations are for
convenience and reference only, and in no way define or limit the scope and content of this Deed
of Easement or affect its provisions.
2
(d) This Deed of Easement shall be governed by and construed in accordance
with the laws of the Commonwealth of Virginia.
( e) There shall be no merger of any easement or other estate created by this
Deed of Easement with the fee estate in any real property by reason of the fact that the same
person may acquire or hold (i) such easement or other estate created by this Deed of Easement or
any interest in such easement or estate and (ii) the fee estate in the real property subject to such
easement or any interest in such fee estate, and no such merger shall occur unless and until all
persons, including any mortgagees, having any interest in (i) the easement or other estate in
question, and (ii) the fee estate in the real property so affected, shall join in a written instrument
effecting such merger and shall duly record the same.
6. Counte:r:parts. This Deed of Easement may be executed in two or more
counterparts, each of which shall be deemed an original, but all of which together shall constitute
one and the same instrument.
7. Vacation of Easement. In the event the United States properly vacates the
property line to the South of the US Parcel that separates the US Parcel from adjacent property
currently owned by the United States (GPIN 2414-79-7730), then the United States agrees to
vacate this Deed of Easement and record any documents necessary to effect such vacation of this
Deed of Easement in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia.
3
I II
WITNESS the following signatures and seals:
CITY OF VIRGINIA BEACH
(seal)
By:
City Manager/Authorized
Designee of City Manager
ATTEST:
Ruth Hodges Fraser
City Clerk
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this _ day of ,
2008, by , City Manager/Authorized City Manager of
the City of Virginia Beach, Virginia, on its behalf. He/she is personally known to me.
Notary Public
My Commission expires
My Registration number:
COMMONWEALTH 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 of the City of Virginia Beach, Virginia, on its behalf. She is
personally known to me.
Notary Public
My Commission expires
My Registration number:
Approved as to Content:
Approved as to Form:
City Real Estate Agent
City Attorney
4
5
UNITED STATES OF AMERICA
By:
, I II
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CITY OF VIRGINIA BEACH
AGENDA ITEM
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ITEM: An Ordinance Authorizing the Acceptance of Proposal and Lease of the
Stumpy Lake Golf Course to Stumpy Lake Golf Course, Incorporated for the
purpose of renovating and operating the property until December 31,2017 with
two five-year renewal options.
MEETING DATE: February 12, 2008
. Background: The existing lease, signed in 2001 for the operation and
management of the approximately 296-acre Stumpy Lake Golf Course, with Stumpy
Lake Golf Course, Incorporated expired on December 31,2007. The course has been
operated on a month-to-month basis since the expiration. A Request for Letter of
Interest and Qualifications (RFI) was advertised on September 2, 2007. Based on the
responses to the RFI, a Request for Proposal (RFP) was issued on September 27,
2007. The RFP sought an operator for renovation and management of the course.
Staff analyzed all responsive proposals and interviewed the companies who offered the
two best proposals for the operation and management of the course.
. Considerations: After a careful review of all responsive proposals, it was
determined that Stumpy Lake Golf Course, Incorporated ("SLGC"), the current operator
of the property, presented the best and most responsive proposal for renovation and
management of Stumpy Lake Golf Course. SLGC has agreed to invest $545,000
during the first two years of the lease to renovate the property. The initial 1 O-year lease
includes the option for two five-year extensions for a total 20-year term.
. Public Information: The public hearing on the acceptance of the proposal was
publicly advertised in The Virainian-Pilot once a week for two successive weeks.
. Alternatives: (1) Accept the proposal of SLGC and proceed with approval of the
proposed Lease. (2) Reject the terms and continue under month-to-month operations
until a new business deal can be finalized. (3) Operate the facility utilizing city staff. (4)
Convert the property to an alternative use.
. Recommendations: Accept the proposal of SLGC and authorize the City
Manager to execute the lease for the renovation and management of Stumpy Lake Golf
Course with Stumpy Lake Golf Course, Incorporated.
. Attachments: Ordinance and Summary of Terms
Recommended Action:
Submitting Department/Agency: Parks and Recreation ~
CityManage~\ IL.:S6o<Vt.
I I II
1 AN ORDINANCE AUTHORIZING THE ACCEPTANCE
2 OF PROPOSAL AND LEASE OF THE STUMPY LAKE
3 GOLF COURSE TO STUMPY LAKE GOLF COURSE,
4 INCORPORATED FOR THE PURPOSE OF
5 RENOVATING AND OPERATING THE PROPERTY
6 UNTIL DECEMBER 31,2017 WITH TWO FIVE-YEAR
7 RENEWAL OPTIONS.
8
9
10
11 WHEREAS, the City of Virginia Beach, Virginia (City) is the owner of
12 approximately 296 acres of land improved as a golf course generally known as Stumpy
13 Lake Golf Course, which is a portion of property acquired from the City of Norfolk (the
14 "Property");
15
16 WHEREAS, the City has leased the Property to Stumpy Lake Golf Course,
17 Incorporated ("SLGC") since October of 2001 and under the terms of that lease, SLGC
18 has been responsible for the operation and management of the Stumpy Lake Golf
19 Course;
20
21 WHEREAS, in September 2007, City Council directed staff to publish a Request
22 for Letters of Interest and Qualification and then a Request for Proposal for the purpose
23 of finding a long-term operator of the Property and entering into a long-term lease of the
24 Property with that operator;
25
26 WHEREAS, after a review of all proposals, staff has recommended acceptance
27 of the proposal of SLGC for renovation and a new long term lease of the Property;
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA:
31
32 1. The proposal for the renovation and operation of the Property from
33 Stumpy Lake Golf Course, Incorporated, is hereby accepted; and
34
35 2. That the City Manager is hereby authorized to execute a Stumpy Lake
36 Lease Agreement, between Stumpy Lake Golf Course, Incorporated and the City, for a
37 term in excess of five years, to expire on December 31, 2017 with two additional five-
38 year renewals upon the election of Stumpy Lake Golf Course, in accordance with the
39 Summary of Terms attached hereto as Exhibit A and such other terms, conditions or
40 modifications as may be satisfactory to the City Manager and the City Attorney.
41 Adopted by the Council of the City of Virginia Beach, Virginia, on the
42 day of , 2008.
CA 10542
V:\applicalionslcilylawprodlcycomJ21 Wpdocs\DOJOIP002100044 719.DOC
February 1, 2008
R-1
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~
~~.
City Attorney's Office
. I II
SUMMARY OF TERMS
Property: Approximately 296 acres known as the Stumpy Lake Golf Course
landlord: The City of Virginia Beach
Tenant: Stumpy Lake Golf Course, Incorporated ("SLGC")
Term: Initial term of January 1,2008 through midnight, December 31,2017.
Two five-year optional extensions upon the election of SLGC.
Purpose: To operate a public golf course
Rent
Payments:
(i) Monthly rent equal to ten percent (10%) of monthly gross revenues
generated at the course when cumulative gross revenues for the year are
between zero and $900,000. Three percent (3%) of that 10% shall be
deposited into an account controlled by the City for capital improvements.
(ii) Monthly rent equal to ten percent (10%) of monthly gross revenues
generated at the course when cumulative gross revenues for the year are
between $900,000 and $1,000,000 with no capital improvement
payments.
(iii) Monthly rent equal to twelve percent (12%) of monthly gross revenues
generated at the course when cumulative gross revenues for the year
exceed $1,000,000.
Capital Improvements:
(i) SLGC to invest and make $545,000 in capital improvements during the
first two years of the agreement and $250,000 during the final eight years of the
agreement (total capital contribution from SLGC, $795,000)
(ii) City to contribute $300,000 for additional capital improvements after SLGC
has invested at least $300,000. City and SLGC to enter into a cost participation
agreement for construction of improvements paid for by City.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance to Transfer $36,655 from the School's Instruction Category
to the Administration Category Within the FY 2007-08 Operating Budget
MEETING DATE: February 12, 2008
. Background: On January 22, 2008, the School Board requested a transfer of
$36,655 from the Instruction Category to the Administration Category in order to pay for
a Grants Manager position that was transferred to the Administration Category.
. Considerations: State Code requires that School funds are appropriated in one
of six major categories. This transfer moves $36,655 from the Instruction Category to
the Administration Category and requires City Council approval.
. Public Information: Information will be disseminated to the public through the
normal Council agenda process through the advertisement of City Council agenda.
. Recommendations: It is recommended that the City Council adopt this
ordinance.
. Attachments: Ordinance, adopted School Board Resolution
Recommended Action: Approve ordinance I'I'lI
Submitting DepartmentlA~~ncy: Management Servi V
City Manager: ~ ~ ,~6Yh...
I II
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
AN ORDINANCE TO TRANSFER $35,655 FROM THE
SCHOOL'S INSTRUCTION CATEGORY TO THE
ADMINISTRATION CATEGORY WITHIN THE FY 2007-08
OPERATING BUDGET
WHEREAS, the School Board has requested a transfer from their Instruction
Category to their Administration Category.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $36,655 is hereby transferred from the School's Instruction Category to the
Administration Category within the FY 2007-08 Operating Budget.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
,2008.
Requires an affirmative vote by a majority of the members of City Council.
Approved As to Content:
Approved As To Legal
Sufficiency:
10 ~.
Management Services
CA10616
R-1
January 30, 2008
SCHOOL BOARD
Dinlel D. Edwanls
Chairman
Dis", 1 . Cenlelville
1513 Seac:hv;ew Drive
VA Beach.. VA 23404
49S.j551 (h). 717-0259 (e)
Rita Sweet Bellltlo
VIce Ch.111IWl
Al-l.lwge
P.O, Box 6448
VA Beach. VA 23456
418-0060 (e)
Todd C. Divfdson
,6,l.l.acge
2424 Sav~nah Trail
VA Beach. VA 23456
427.3330 Iw) . 2S5-S409 re)
Emm. L "Em" DIvis
Dis1ticl5. Lynn""'8I1
1125 t.tichaelwood Drive
VA Beach. VA 23452
340-8911 (h)
Patricia G. Edmonson
District 6. Beach
401.205 Harbour Point
VA Sea:h, VA 23451
675-(l137 (e)
Edward F. Filling.... Sr.
At.l.acg8
4128eclcn Place
VA Beach, VA '23452
486-4567 (h)
Dan R.l.owe
Dislricl4 . 8ayside
4617 Red Coat Rea:!
VA Beach. VA 23455
490-3081.{h)
Lyndon S. Reml..
Dislricl 7 - Princess Anne
3225 Nansemond Loop
VA Beach, VA 2341:6
630-6102 (e)
Sandra Smltll.Jon..
District 2 - Kenllsvflle
705 Rod< Creek Coort
VA Beach, VA 23462
490-8167 (h)
MlcIllel W. Stewart
Dislricl3 . Rose Hall
105 8rentwood Court
VA Beach, VA 23452
498-4303 Ih) . 445-4637 (w)
Clrolyn D. Weems
Al.J.a'ge
1420 0auGa DriYe
1/,10. Bea:h. VA 23455
464-6674 (Il)
SUPERINTENDENT
JIIIIH G.llentD, Ed.D.
2512 George Mason Drive
VA Beadl, VA 23456
263-1007
-Y-IRGINIA BEACH CITY PUBLIC SCHOOLS
AHEAD OF THE CURVE
RESOLUTION REGARDING CATEGORICAL TRANSFER
WHEREAS, the Superintendent implemented a reorganization of the central
office which resulted in a reduction in the number of positions and also a
reallocation of other staff to schools and other departments; and
WHEREAS, one position, Grants Manager, was transferred from the Curriculum
Department to the Budget and Finance Department which crosses funding
categories; and
WHEREAS, the Administration recommends that $36,655 be transferred to the
appropriate funding category; and
WHEREAS, the' Board approves and affirms the recommended transfer of these
funds; and
WHEREAS, a categorical transfer is necessary to place these funds in the
appropriate budget category; and
WHEREAS, any transfer of funds between categories must be approved by City
Council prior to transfer and expenditure of funds by the School Board.
NOW, THEREFORE, BE IT
RESOLVED: That the Board approves and affirms the recommended transfer
and uses of these funds and directs Administration to proceed with expending
these funds (after approval of the City Council); and be it
FURTHER RESOLVED: That the Board requests the City Council to approve
the categorical transfer as follows:
· $ 36,655 from Instruction to Administration
and be it
FURTHER RESOLVED: That a copy of this resolution be spread across the
official minutes of this Board, and the Clerk of the Board is directed to deliver a
copy of this resolution to the Mayor, each member of City Council, the City
Manager, and the City Clerk.
Adopted by the School Board of the City of Virginia Beach this 22nd day of
January 20~~~.:~
Daniel D. Edwa:f.d.s.':CJ1airman/..;'.
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CERTIFIED r033E A TRUE'>};~f:;~t?H
AND CORa.ECT COPYc. '.~ i '
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Clerk, Schoo! Boar4 .
CI'" of ,:".,,'! -,"';~,'
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ATTEST:
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Dianne P. Alexander, Clerk of the Board
School Administration Building . 2512 George Mason Drive . P.O. Box 6038 . Virginia Beach, VA 23456-0038
I II
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate $207,270 from the Fund Balance of the Schools
Landscaping Internal Service Fund to the Parks and Recreation FY 2007-08 Operating
Budget to Fund One-Time Expenses
MEETING DATE: February 12, 2008
. Background: The City provides landscaping to the Schools through a Grounds
Services Internal Service Fund. The City provides the services and employees and bills
Schools quarterly for the cost of the services. This is a City fund subject to appropriation
by the City Council; there will be no increase to the School Board's Adopted FY 2007-08
Budget. The Schools Administration has approved the changes as presented in this
ordinance. Changes throughout the year that do not increase the School Board's
Adopted Budget are approved by the Schools Administration.
The City submits their anticipated budgetary needs to Schools in October each year, at
the beginning of the budget cycle for the City, in order for Schools to prepare its budget
for the School Board in February. Due to this difference in budgetary preparation, some
costs were unable to be included within the original amount approved by Schools during
the last biennium. These expenses had a significant impact to the ability of this unit to
maintain current services. In addition, the School Board further reduced the amount
allocated to landscaping by $71,220 as part of their proportionate share of real estate tax
relief.
In order to partially offset these combined reductions, Schools had agreed to allow the
use of $207,270 from the fund balance of the Schools Landscaping Internal Service
Fund to fund some one-time expenses in the FY 2007-08 operating budget. The current
fund balance of the Schools Landscaping Internal Service Fund is $1,910,442.
. Considerations: The following improvements and supplies were approved by Schools
Administration:
Construction Materials and Supplies
Concrete - 100 cubic yards @ $105.00 - sidewalk repairs and ADA improvements $10,500
Recreational Supplies
Playground Wood Fiber-1500 cu. yds. @ $15.00 - playground safety improvements 22,500
Aqricultural Supplies
Ball Field Clay -1000 cubic yards @ 18.97 - infield renovations at various schools
Hardwood Mulch - 1750 cubic yards @ 11.00 - bed renovations at various schools
18,970
19,250
609230 - Improvements to Sites
First Colonial High School Bermuda grass renovation sprigging
Cox High School stadium field irrigation and Bermuda grass renovation
Tallwood High School baseball backstop and crowd control fence replacement
Vo-Tech perimeter fence replacement
Princess Anne High School baseball backstop replacement
11,500
15,500
22,300
27,250
19,500
Salem High School softball backstop replacement
Improvements to additional 770 SQ. ft. Euclid Office Buildinq
19,500
20,500
Total One-Time Expenses
$207,270
. Public Information: Public information will be handled through the normal City Council
agenda process.
. Alternatives: Alternatives include partially funding these items or providing no
additional funding, which would result in further reductions. Both of the alternatives will
result in strained levels of service at school sites.
. Recommendations: Appropriate $207,270 from the fund balance of the Schools
Landscaping Internal Service Fund to the Parks and Recreation Department's FY 2007-
08 operating budget to fund one-time expenses.
. Attachments: Ordinance, Letter of Approval
Recommended Action: Approval ~A
Submitting Department/Agency: Parks and Recreation/Parks and Landscape servi~Y
City Manager:~ lL- ~~
I II
1 AN ORDINANCE TO APPROPRIATE $207,270 FROM THE
2 FUND BALANCE OF THE SCHOOLS LANDSCAPING
3 INTERNAL SERVICE FUND TO THE PARKS AND
4 RECREATION DEPARTMENT'S FY 2007-08 OPERATING
5 BUDGET TO FUND ONE-TIME EXPENSES
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8 That $207,270 in revenue from the fund balance of the Schools Landscaping
9 Internal Service Fund is hereby appropriated in the Parks and Recreation Department's FY
10 2007 -08 Operating Budget to fund one-time expenses, with revenue from local sources
11 increased accordingly.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the
,2008.
day
Approved as to Content:
Approved as to Legal Sufficiency:
Jj orv0(l.
~L~
C' Attorney's Office
CA10614
R-2
January 30,2008
I II
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CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM: An Ordinance to Appropriate $625,652 from Fund Balance in the Tourism Advertising
Program Special Revenue Fund to the FY 2007-08 Operating Budget of the Convention
and Visitors Bureau for Advertising and Marketing-Related Activities
MEETING DATE: February 12, 2008
. Background: In July 1996, the City Council of Virginia Beach established the Tourism
Advertising Program (TAP) Special Revenue Fund. The fund dedicates revenues from one cent
of the percentage-based portion of the transient lodging tax, one-half cent of the restaurant meal
tax, and a flat lodging tax of one dollar. These revenues support the City's advertising and
marketing program and related activities, including the operation of the Visitor Center, to
promote and increase tourist visitation to this City.
. Considerations: The original ordinance established City Council's intent to utilize the
Tourism Advertising Revenue Fund for the Advertising Program. At the close of FY 2006-07, the
TAP Fund had an unappropriated fund balance of $904,669, which is a result of: 1) positive
revenue performance over and above projections, 2) appropriation balances from the TAP Fund
and 3) accumulated interest in the fund. The Convention and Visitors Bureau is seeking to
appropriate $625,652 of these funds for advertising and earmarked for the following:
1. $325,652 to expand the city's advertising and promotional efforts, primarily for the
new the convention center marketing, in addition to sports marketing, regional
cooperative advertising campaigns with the state and new market opportunities.
2. $300,000 for additional quality advertising and marketing capacity in the event of a
natural disaster or serious economic conditions impacting the city's tourism industry.
The Convention and Visitors Bureau, together with the city's Advertising Advisory
Committee, annually dedicates a portion of the fund balance for reserves, an amount
determined to be appropriate given current trends and economic outlook in the
tourism industry.
The remaining $279,017, which represents the interest earned in the TAP fund since its
inception, minus expenditures to date, will remain in the TAP fund balance, and will be available
for capital improvements at the Visitor Information Center. This facility was constructed in 1989
and the fund balance amount can be used for site improvements, improved technology, and
expansion studies.
. Public Information: Public information will be handled through the normal Council
agenda process.
. Recommendations: Appropriate $625,652 to allow expansion of city's tourist
advertising as ordained by Council, to provide advertising reserves for emergency and/or
economic issues that may arise in the tourism industry, and to provide for annual capital funding
for the Visitor Information Center.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Convention and Visitors Burea~ ~ r:.-t2J:Z-----
City Manager:~ lz .~ ~
I II
1 AN ORDINANCE TO APPROPRIATE $625,652 FROM FUND
2 BALANCE IN THE TOURISM ADVERTISING PROGRAM
3 SPECIAL REVENUE FUND TO THE FY 2007 -08
4 OPERATING BUDGET OF THE CONVENTION AND
5 VISITORS BUREAU FOR ADVERTISING AND MARKETING-
6 RELATED ACTIVITIES
7
8 WHEREAS, $625,652 of the fund balance in the Tourism Advertising Program
9 Special Revenue Fund should be appropriated to fund advertising and marketing activities.
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 That $625,652 is hereby appropriated from fund balance in the Tourism Advertising
15 Program Special Revenue Fund to the FY 2007-08 Operating Budget of the Convention
16 and Visitors Bureau for advertising and marketing activities, with estimated revenues from
17 the use of Fund Balance increased accordingly.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2008.
day of
Requires an affirmative vote by a majority of the members of the City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
B~Q.~
Management Services
~~~
Ji4 Attorney's Office
CA10619
R-1
January 30, 2008
I II
L. PLANNING
1. Variance to g4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the
requirements of the City Zoning Ordinance (CZO), Subdivision for U.S. Fish and Wildlife
Service (USFWS) at 3180 New Bridge Road
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION
APPROVAL
2. Application of AGAP AE INTERNATIONAL CHURCH for Modification of a Conditional Use
Permit (approved by City Council on December 3, 1996) to remove Condition No.6 in order to
allow a portable unit to house Sunday School and Youth Ministry activities at 2641 Princess Anne
Road
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION
APPROV AL
3. Applications for Chamle of Zoning District Classifications for:
a. MOUNT AIN VENTURES VIRGINIA BEACH, LLC from AG-2 Agricultural District to
Conditional B-2 Community Business District re retail and office space at Winterberry Lane
and Princess Anne Road (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION
APPROVAL
b. GARNETT POINT ROAD, LLC, from PD-H2 Planned Unit Development District (A-12) to
P-l Preservation District (approved by City Council June 12,2007) re open space at 416-516
Garnett Point Road (DISTRICT 4 - BA YSIDE)
RECOMMENDA nON
APPROVAL
4. Application of JOHN SARGENT for Expansion of a Nonconforming Use re the conversion of a
glassed-in porch, expansion of a utility room and add a new set of exterior stairs at 203 62nd
Street (DISTRICT 5- L YNNHA VEN)
RECOMMENDATION:
APPROV AL
5. Application of BONAVENTURE INVESTMENTS, LLC re Modification of a Conditional
Change of Zoning (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. (Deferred by City
Council on February 5, 2008)
RECOMMENDATION:
APPROV AL
NOTICE OF PUBUC
HEARING
i
Virginia Beach City Council wHI meet in the Chamber at I
City Hall, Municipal Center, 2401 Courthouse Drive,
TIMSday, Fe...,., 12,. 2008, lit 6:00 p.m.
The foI~ applications will be heanl:
DISTRICT I- LYNNHAVEN
John Sargent AppIiealion~ Expansion of a
No~ Use at 203 62nd Street (GPlN
24197233980203).
DISTRICT 4 - BAYSIDE .
Garnett Point Road, LLC. AppIic8tion: Change of
ZoniIW DistrIct Ct8sslftcaIlon frllm PO-H2 Planned Unit
0lMII0pment IA.12) to Po1 P,.........uo., at 41&518
Gamelt.Point Road (GPINs 1467688397; .1467780500;
1467780653). ). 11Ie Com~ PI8n desIgnateS
this site IS ~ wllhln the Prlm8ry Residentl81 Ar88,
suitable for approprlateIy Ioc:aled sulJul1)an resicI8ntiIIl
and non.resIdentlal uses conslstant with the poIIciil$ of
the ComprehensIve Plan.. The purpose of this re2llR1tl& is
to 11_ the open space areas of the development.
AlCUZ is Less than 65 dB LeIn.
DISTRICT 7;. PRINC&SS ANNE
Agapae Intemation8l Cl1urd1 Application: Modification of
CondItions for a request llIIP"MlI by CItjI Council on
December 3, 1996 at 2641 Princess Anne Road (GPIN
1494641457). AJCUZ is .tess than 65 dB LeIn.
Appeal to OeI:islons of Adrninlstratlle 0llIcers In replll
to certain elements. of the SutlclMsion Ordinance,
Subdivision for City of Vil8inie Belich. at 3180 New
Bridge Road (GPIN 2413710829).
Mountain Ventures Virginia Beach. LLC. AppIic;ation:
Change of ZoniIC District CllIssIfic8tIon from AG-2
Agricultural to Conditlonal B-2 Community Business on
at Wmterbeny I.II1e and' Princess Anne RlIlICI (GPIN
1494096316). T11e Compnlhensiye Plan designates this
site IS part of SlJateglc: GrowItl Anl8 U . west Holland
Area, recommended for institutlonal, educational, and
commen:ial uses. The purpose of the rezoning is
development for office and relaY use integrated with.,
adjoining center undIlr construc:tlon. AICUZ is 10 to 75.
All interested citizens are invillld to lItlI!lnd.
Ruth Hodges Ffaser. MMC
City Cler1<
Copies of the proposed ordinances. resolutions and I
amendments are on file and may be examined In the;
Department of PlaMinC or online at:
http;/ /-.IIbgov.c:om/~ For information call;
385-4621. ]
I
If )OU are....,.... .......... or...., ........... and i
'eed assistance at this meeting. please call the ern!
..... OFFICE at 3IIS-43OI. ;
. Jan. 27 & Feb. 3, 2008
18201932
Map L-14
Me Not t.o Sc.ele
Department of z:arks
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for City of Virginia Beach.
Property is located at 3180 New Bridge Road (GPIN 2413710629). DISTRICT 7 -
PRINCESS ANNE.
MEETING DATE: February 12, 2008
. Background:
The applicant seeks a Subdivision Variance in order to subdivide a 10-acre
parcel from an existing 45.5 acre lot. The 10-acre parcel will have no frontage on
a public street, which necessitates this application for a variance to the
Subdivision Ordinance. City Council approved the sale of the 10-acre parcel to
the U.S. Fish and Wildlife Service (USFWS) on May 8,2007 for its inclusion in
the Back Bay Management Area. The remaining 35.5 acres will be retained by
the City as publicly-owned open space. There may also be potential for restoring
non-tidal wetlands on that parcel for use as part of the City's wetland mitigation
bank. Neither the City nor the USFWS have plans to construct a dwelling on
either parcel, and properties to the south and east are within the City's
Agricultural Reserve Program.
. Considerations:
The existing 45.5-acre parcel will be subdivided into two (2) parcels. Parcel X-1,
with 361 feet of frontage on New Bridge Road, will measure 35.54 acres, and
Parcel X-2 will measure 10 acres. Lot X-2 will have zero (0) feet of frontage. A
15-foot wide ingress/egress easement running along the northern boundary of
Parcel X-1 will serve the site.
The request is reasonable considering that the purpose is to expand the Back
Bay Wildlife Refuge and not to create a new lot for private residential
development or for any other reason that would not serve a public purpose.
Access to a public right-of-way was part of the terms of purchase by USFWS. If
the Subdivision Variance is approved, along with the revised subdivision plat and
easement agreement, then the federal government will be able to rationalize
purchasing the property since it will have access to a public street. Both Parcel
X-1 and X-2 will continue to be utilized as farming areas.
The Planning Commission placed this item on the consent agenda because
granting the variance will allow the USFWS to purchase the 10 acre parcel from
CITY OF VIRGINIA BEACH
Page 2 of 2
the City for inclusion into the Back Bay Management Area, the purchase will be a
benefit, not a detriment, to the surrounding area, and there was no opposition.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following condition:
1. The parcels shall be subdivided and recorded as depicted on the plan entitled
"City of Virginia Beach Parks and Recreation Department" prepared by the
City of Virginia Beach and dated November 29, 2007. This exhibit is on file
with the Planning Department.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Def"'rtment 1\ ~
City Manage~ k:'b8 ~ l
CITY OF VIRGINIA
BEACH-
DEPARTMENT OF
PARKS AND
RECREA TION
Agenda Item 7
January 9, 2008 Public Hearing
Staff Planner: Charles McKenna
REQUEST:
I II
Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots
meet all the requirements of the City Zoning Ordinance.
ADDRESS I DESCRIPTION: Property located at 3180 New Bridge Road.
GPIN:
2413-71-0629-0000
COUNCIL ELECTION DISTRICT:
7 - Princess Anne
SITE SIZE:
45.5 acres
SUMMARY OF REQUEST
The applicant seeks a Subdivision Variance in order to divide
an existing 45.5 acre lot into two parcels. City Council
approved the sale of the parcel on May 8, 2007. Parcel X-2, the lot to be purchased by the United States
Fish and Wildlife Services (USFWS), will be 10 acres. Parcel X-2 is proposed without any street frontage,
and, therefore, requires a Subdivision Variance. Originally, the 10-acre parcel was "not a building site"
due to the lack of road frontage. Access to a public right-of-way was part of the sale. If the Subdivision
Variance is approved, along with the revised subdivision plat and easement agreement, then the federal
government will be able to rationalize purchasing the property since it will have access to a public street.
Both Parcel X-1 and X-2 will continue to be utilized as farming areas.
Variance to Section 4.4(b) of the Subdivision Ordinance (Subdivision Ordinance)
Existing Lot: The existing lot is 45.5 acres with no existing structures on the property. The subject site is
located in the Back Bay watershed.
CITY OF VIRGINIA BEACH
Agenda Item 7
Page 1
Proposed Lots: It is the intent of the applicant to subdivide the tract into two (2) parcels. Parcel X-1 will
measure 35.54 acres and Parcel X-2 will measure 10 acres, with a 15-foot wide ingress/egress easement
to serve the site. Lot X-1 is proposed with 361 feet of frontage along New Bridge Road and lot X-2 with
zero (0) feet of frontage.
J1em X::1 X=2
Lot Width in feet 150 0* 361
Lot Area in acres 1 10 35.5
*Variance required
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Cultivated fields
SURROUNDING LAND
USE AND ZONING:
North:
. New Bridge Road
. Single-family dwelling / AG-2 Agricultural District
. Open field (USFWS) / AG-1 Agricultural District
. Wooded / AG-1 and AG-2 Agricultural Districts
. New Bridge and Indian River Roads
. Single-family dwelling / AG-1 and AG-2 Agricultural Districts
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is located in the Southern Watersheds Management Area. A
portion of the property is below the 100 year flood elevation. Ashville
Bridge Creek is to the east of the site. The site is comprised of open
field.
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): This
portion of New Bridge Road is a two (2)-lane Rural Highway. There are currently no CIP projects for
this section of New Bridge Road.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
New Bridge Road 2,187 ADT 1 8,700 ADT 1 (Level of Existing Land Use"-
Service "CO) - 11,900 100 ADT
ADT1 (Level of Service "E") Proposed Land Use 3 -
1 00 ADT
CITY OF VIRGINIA BEACH
Agenda Item 7
Page 2
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, Average Daily Trips
2 as defined by 10 acres of agricultural property
3 as defined by 10 acres of agricultural property
WATER & SEWER: Public water and sewer are not available to this site. Health Department approval for
wells and septic is required (NOTE: there is no intent to develop this parcel).
Variance to Section 4.4(b) of the Subdivision Ordinance (Subdivision Variance)
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
A. Strict application of the ordinance would produce undue hardship.
B. The authorization of the variance will not be of substantial detriment to adjacent property,
and the character of the neighborhood will not be adversely affected.
C. The problem involved is not of so general or recurring a nature as to make reasonably
practicable the formulation of general regulations to be adopted as an amendment to the
ordinance.
D. The hardship is created by the physical character of the property, including dimensions
and topography, or by other extraordinary situation or condition of such property, or by
the use or development of property immediately adjacent thereto. Personal or self-
inflicted hardship shall not be considered as grounds for the issuance of a variance.
E. The hardship is created by the requirements of the zoning district in which the property is
located at the time the variance is authorized whenever such variance pertains to
provisions of the Zoning Ordinance incorporated by reference in this ordinance.
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request.
Evaluation:
The proposed Subdivision Variance request is part of a land transaction deal between the City of Virginia
Beach and the U.S. Fish and Wildlife Service that will convey a 10-acre parcel for inclusion in the Back
Bay Management Area. Neither the City nor the USFWS have plans to construct a dwelling on the
property and properties to the south and east are within the City's Agricultural Reserve Program.
The request is reasonable considering that the purpose is to expand the Back Bay Wildlife Refuge and
not to create a new lot for private residential development or for any other reason that would not serve a
public purpose. The proposed lot requires a Subdivision Variance as it will not have the required 150 feet
of lot width as required by the City Zoning Ordinance. Physically, Parcel X-1 will have approximately 316
feet along New Bridge Road while Parcel X-2 will have 0 feet along New Bridge Road, and, as such, a
CITY OF VIRGINIA BEACH
Agenda Item 7
Page 3
variance is required. Parcel X-1 will have a 15-foot wide ingress/egress for access to the site from New
Bridge Road.
Staff recommends approval of the Subdivision Variance, as granting the variance will allow the USFWS to
purchase the 10 acre parcel from the City for inclusion into the Back Bay Management Area. This
purchase will be a benefit, not a detriment, to the surrounding area.
CONDITIONS
1. The parcels shall be subdivided and recorded as depicted on the plan entitled "City of Virginia Beach
Parks and Recreation Department" prepared by the City of Virginia Beach and dated November 29,
2007. This exhibit is on file with the Planning Department.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
CITY OF VIRGINIA BEACH
Agenda Item 7
Page 4
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CITY OF VIRGINIA BEACH
Agenda It~,." 7
Page 5
Department of Parks
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1 1 0/28/03 Subdivision Variance Granted
2 02/11/97 Conditional Use Permit (Shelter) Granted
3 07/07/92 Conditional Use Permit (Single Granted
Familv Dwelling
4 11/14/88 Conditional Use Permit (Single Granted
Familv DwellinQ
ZONING HISTORY
CITY OF VIRGINIA BEACH
Agenda Item 7
Page 6
If'-;.
!i"lI
II 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)
City Council of the City of Virainia Beach which includes Mavor Mevera Oberndorf.
Vice Mavor Louis R. Jones. Council Member Harrv E. Diezel. Council Member Bob
Over. Council Member John E. Uhrin. Council Member Reba S. McClanan. Council
Member James L. Wood. Council Member Barbara M. Henlev. Council Member Bill R.
DeSteoh. Council Member Ronald A. Villanueva. and Council Member Rosemarv
Wilson
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
o Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners. etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes _ No _X_
If yes, what is the name of the official or employee and the nature of their interest?
Subdivision Variance Application
Page 9 of'O
Revised 7/11/2006
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CITY OF VIRGINIA BEACH
Agenda Item 7
Page 7
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DISCLOSURE STATEMENT 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)
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 ~ 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code ~
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
'€f::;'d .$.!X.-. S
~flAIf~~.J (." M.6Y6~
Print Name
(if different than applicant)
Subdivision Vanance Application
Page 10 of 10
Revised 7/11/2006
CITY OF VIRGINIA BEACH
Agenda Item 7
Page 8
, I II
Item #7
City of Virginia Beach
Subdivision Ordinance
3180 New Bridge Road
District 7
Princess Anne
January 9, 2008
CONSENT
Joseph Strange: The next matter is agenda item 7, the City of Virginia Beach, an Appeal to
Decisions of Administrative Officers in regard to certain elements of the Subdivision
ordinance, Subdivision for the City of Virginia Beach. The property is located at 3180 New
Bridge Road, District 7, Princess Anne, with one condition.
Brian Solis: I'm Brian Solis representing the City of Virginia Beach on this variance.
Joseph Strange: Okay. Are the conditions acceptable?
Brian Solis: Yes sir.
Joseph Strange: Okay.
Brian Solis: Thank you.
Joseph Strange: Is there any opposition to this matter being placed on the consent agenda? If
not, the Chairman has asked David Redmond to review this item.
David Redmond: Thank you Mr. Strange. The applicant, in this case, the City of Virginia
Beach, seeks a Subdivision Variance in order to divide an existing 45.5 acre lot into two
parcels. City Council first approved the sale of the parcel on May 8, 2007. The proposed
subdivision variance request is part of a land transaction between the City of Virginia Beach
and the U.S. Fish and Wildlife Service that will convey a 10 acre parcel for inclusion in the
Back Bay Management Area. Neither the City nor the U.S. Fish and Wildlife Service have
any plans to construct any dwellings on the property and properties to the south and east are
within the City's Agricultural Reserve Program. Granting the variance will allow the U.S.
Fish and Wildlife Service to purchase the 10 acre parcel from the City for inclusion in the
Back Bay Management Area. As such, this purchase will be a benefit and not a detriment to
the surrounding area. Staff supports this request, and the Commission feels this is a
housekeeping matter, and a very positive one at that, and as such, felt it best dealt with on the
consent agenda. Thank you.
Joseph Strange: Thank you David. Madame Chairman, I have a motion to approve agenda
item 7.
Janice Anderson: There is a motion to approve the consent agenda. Is there a second?
Item #7
City of Virginia Beach
Page 2
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 7 for consent.
-46-
lum V-M.2Ja.
PUBUC 1lEIfRlNG
"BM 1141510 (ContiIuIed)
PLANNING
Voting:
9-0 ~ eo..nt)
CofutcU Members Voting A.ye:
John A.. Baum, Linwood O. Branch, /11, Harold Heisdwber, Barbara M.
Henley, Louis R. Jones, Reba S. McCImum, Mayor Meyoa E. Obemdorf,
Vice Mayor Willillm D. Ses.roms, Jr. and Louisa K Strayhorn
Coruu:il Members Voting Nay:
NOlIe
Cormcil Members Absent:
Willillm IV, Harrison, Jr. and Nancy K Parker
December 3, 1996
I II
- 45-
lU1I11 V-M.2.A.
PUBUC IlBARING
ITEM #I 41510
PLANNING
Randy Royal, Engineering Services, Inc. - 3351 Stones/wre Road, phone: 468-6800, represented the
appUcfDII
Upon IIfOtiOII by Councilltuly McCltInDn, secc>>IIWl by VICe Mayor Sessoms, City Council ADOPTED an
OrdiMIrce upon ApplicGtion of AGAPAE 1N7E1lNATlONAL CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPUCA.170N OF AGAPAE INTERNA170NAL
CHURCH FOR CONDITIONAL USE PERMIT FOR A CHURCH
ROI2962083
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CrTY OF YIRG1NIA BEACH, VIRGINIA
Ordintl1lCe upon applicGtiott of AgaptU lntenuuionaJ CIwrcJa for a
COffditiOlllll Use Pmrtit for II cJuuch on tile SOldh side of Princess .Anne
Rot1d, west of COIII'tJrou$e Loop. SlIid parcel is loctIted at 2641 Princess
.Anne Road and contains 10.867 acres. PRINCESS ANNE BOROUGH.
The following corulitions shall be required:
1. There will be one temporary access to the site from Princess
.Anne Road. Once an alterMtive access is established, this
temporary access sIuIlI be removed.
2. Tt!IrIpOrtlT)l right- and left-ftmIlanes for Princess Anne Road
will be required to serve the temporary access to the site. The
fiMlloctltion of the temporary ftmI laMS will be determined at
fiMI site plan review.
3. A stormwater IJUUl4gement plan with relevant calcrdations will
be required during detailed site plan review process.
4. Archit<<true, building materials and color shall substtlntially
adJrue to plans prese"ted to the Planni"g Commi:ssion and on
file in the Planning Department. Any architectural revisions
must be appruved by the Planning Director or his designee.
S. Prior to fi1lll1 site plan apprOVtl~ the applicant must submit a
detailed landscape plan which meets all requirements outlined
in the City Zoning Ordinance. A tree preservation plan shall
be presented to staff for approvaL
6. There :sIuzIl be 110 temporary structures on -site.
7. The existing, larger mature trees on the site shall be preserved
to every extent possible.
8. The 11I01IlUnt!1It sip shall consist of similar materuds to match
the architecture of the building and londscaping shall be
instIlIled around the base of the sign.
17ais OrdInmu:e shaI1 be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the Diy of Virginia Beach, Virginia. on the Third of December. Nineteen
Ibmdred and Ninetv-Six.
December 3. 1996
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Agapae International Church for a Modification of
Conditions for a request approved by City Council on December 3, 1996.
Property is located at 2641 Princess Anne Road (GPIN 1494641457). AICUZ is
Less than 65 dB Ldn. DISTRICT 7 - PRINCESS ANNE.
MEETING DATE: February 12, 2008
. Background:
A Conditional Use Permit allowing the existing church was approved by City
Council on December 3, 1996. Condition 6 prohibits the placement of temporary
structures on-site. The applicant is requesting removal of condition 6 in order to
allow the addition of a 24-foot wide by 64-foot long (24' x 64') portable unit. This
temporary structure will house Sunday School and youth ministry services.
. Considerations:
The temporary structure is located south of the existing church within an area
planned for a future expansion of the church. Approximately 30 to 40 students
and four (4) to five (5) teachers will occupy the unit during services. The
structure will also be used during the week, as needed, for church related
programs and other youth functions.
The proposed portable structure is appropriately located on-site and is designed
to blend with the existing church. Foundation landscaping will soften the
appearance of the structure from the parking lot. The proposal is compatible with
the surrounding area, and the recommended conditions below include a time limit
of three (3) years to ensure the church's use of the structure is only an interim.
solution until a permanent addition is constructed.
The Planning Commission placed this item on the consent agenda because the
proposed structure will be altered to blend with the church, the use is temporary
in nature, and there was no opposition.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. All conditions with the exception of Condition 6 attached to the Conditional
Use Permit granted by City Council on December 3, 1996 shall remain in
affect.
Agapae International Church
Page 2 of 2
2. Condition 6 of the December 3, 1996 Conditional Use Permit shall be deleted
and replaced with the following: One (1) portable modular structure shall be
allowed for three (3) years from the date of City Council approval of this 2007-
08 Modification of Conditions application. The portable modular structure shall
adhere to the following:
a. The portable structure shall be located on the site in substantial
accordance with the submitted marked-up site plan entitled
"Preliminary Site Plan of Agapae International Church" prepared by
Engineering Services and plotted on 07/23/98. A copy of this site plan
has been exhibited to the City Council and is on file in the Planning
Department.
b. The portable structure shall complement the exterior building materials,
with respect to color and material, of the existing church, and shall be
substantially in conformance with the elevation entitled "Models
504824 and 506424". A copy of the elevation plan has been
exhibited to the City Council and is on file in the Planning Department.
c. The portable structure shall have skirting around the entire base of
each building to screen the under-carriage of the unit. Foundation
landscaping shall be provided along the entire base, except the portion
of portable structure adjacent to existing church. Shrubs shall be a
minimum of 36-inches in height and spaced a maximum offour (4) feet
off center.
d. The applicant shall obtain all necessary permits and inspections from
the Department of Planning, Permits and Inspections Division. A
Certificate of Occupancy shall be obtained before occupancy of the
structure.
. 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~~ l~~ . ~
AGAPAE
INlERNA llONAL
CHURCH
Agenda Item 5
January 9,2008 Public Hearing
Staff Planner: Leslie Bonilla
REQUEST:
Modification of the Conditional Use Permit
approved by the City Council on December
3, 1996 for church.
I II
ADDRESS I DESCRIPTION: 2641 Princess Anne Road
GPIN:
1494641457
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
10.867 acres
SUMMARY OF REQUEST
The Conditional Use Permit allowing the existing church was
approved by City Council on December 3,1996. Condition 6
prohibits the placement of temporary structures on-site. The applicant is requesting removal of condition 6
in order to allow the addition of a 24-foot wide by 64-foot long (24' x 64') portable unit (including truck
hitch). This temporary structure will house Sunday School and youth ministry services. Approximately 30
to 40 students and four (4) to five (5) teachers will occupy the unit during services. This structure will also
be used during the week, as needed, for church related programs and other youth functions.
The temporary structure is located northv:ost south of the existing church within an area envisioned for
the future expansion of the church. The applicant has agreed to install two (2) trees and six (6) shrubs
along the building portion facing the parking lot. The applicant has also agreed to ensure the color of the
portable structure will mimic the color of the existing church. The internal support for the portable
structure will consist of an I-Beam frame. Exterior siding is proposed as T -111 siding painted to match the
existing church exterior.
The 1996 Conditional Use Permit has ~ eight (8) conditions:
1. There will be one temporary access to the site from Princess Anne Road. Once an alternative
access is established, this temporary access shall be removed.
2. Temporary right and left turn lanes for Princess Anne Road will be required to serve the
temporary access to the site. The final location of the temporary turn lanes will be determined at
final site plan review.
AGAPAE INTERNATIONAL CHURCH
Agenda Item 5
Page 1
3. A stormwater management plan with relevant calculations will be required during detailed site
plan review process
4. Architecture, building materials and color shall substantially adhere to plans presented to the
Planning Commission and on file in the Planning Department. Architectural revisions must be
approved by the Planning Director or his designee.
5. Prior to final site plan approval, the applicant must submit a detailed landscape plan which meets
all requirements outlined in the City Zoning Ordinance. A tree preservation plan shall be
presented to staff for approval.
6. There shall be no temporary structures on site.
7. The existing, larger mature trees on the site shall be preserved to every extent possible.
8. The monument sign shall consist of similar materials to mate the architecture of the building and
landscaping shall be installed around the base of the sign.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Church
SURROUNDING LAND
USE AND ZONING:
North:
. Princess Anne Road
. Single-family homes / R-10 Residential District
. Vacant land / AG-2 Agricultural District
. Office building / B-2 Community Business District
. Agricultural land / AG-1 Agricultural District
. Agricultural land with single-family dwelling / AG-2 Agricultural
District with a Historical and Cultural District Overlay
. Agricultural land / AG-2 Agricultural District & AG-1 Agricultural
District
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no known significant natural resources or cultural features
associated with this site.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Princess
Anne Road in front of this application is a two-lane major suburban arterial roadway. There is a Virginia
Department of Transportation (VDOT) roadway improvement project currently in the design stages that
will widen Princess Anne Road in front this site to a four lane divided roadway. The 2005-06 CIP shows
that this project is scheduled to begin construction around the middle of 2009.
AGAPAE INTERNATIONAL CHURCH
Agenda Item 5
Page 2
I II
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Princess Anne 24,700 ADT 14,000 ADT 1 (Level of No professional trip
Road Service "0") generation data is
available for this
proposal.
Average Dally Tnps
WATER: This site is already connected to City water. There is a 12-inch City water main fronting the site in
Princess Anne Road.
SEWER: This site is already connected to city sanitary sewer. There is an 8-inch City sanitary sewer in
Princess Anne.
Recommendation:
Staff recommends approval of this
requested modification, as conditioned below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan designates this area as a Primary Residential Area. The land use planning
policies and principles for the Primary Residential Area focus strongly on preserving and protecting the
overall character, economic value and aesthetic quality of the stable neighborhoods located in this area.
In a general sense, the established type, size, and relationship of land use, residential and non-
residential, located in and around these neighborhoods should serve as a guide when considering future
development.
Evaluation:
The proposed portable structure is appropriately located on-site within an area designated on the plan
submitted with the approved Conditional Use Permit as "future expansion" for the church. The structure
shall also be designed to blend with the existing church and foundation landscaping will soften the
appearance of the structure from the parking lot. Staff finds that proposal is in conformance with the
Comprehensive Plan's recommendations for this area. The proposal is compatible with the adjacent
residential neighborhood as well as the business areas.
CONDITIONS
1. All conditions with the exception of Condition 6 attached to the Conditional Use Permit granted by City
Council on December 3, 1996 shall remain in affect.
2. Condition 6 of the December 3, 1996 Conditional Use Permit shall be deleted and replaced with the
following: One (1) portable modular structure shall be allowed for three (3) years from the date of City
Council approval of this 2007-08 Modification of Conditions application. The portable modular structure
AGAPAE INTERNATIONAL CHURCH
Agenda Item 5
Page 3
shall adhere to the following:
a. The portable structure shall be located on the site in substantial accordance with the
submitted marked-up site plan entitled "Preliminary Site Plan of Agapae International Church"
prepared by Engineering Services and plotted on 07/23/98. A copy of this site plan has been
exhibited to the City Council and is on file in the Planning Department.
b. The portable structure shall complement the exterior building materials, with respect to color
and material, of the existing church, and shall be substantially in conformance with the
elevation entitled "Models S04824 and S06424". A copy of the elevation plan has been
exhibited to the City Council and is on file in the Planning Department.
c. The portable structure shall have skirting around the entire base of each building to screen the
under-carriage of the unit. Foundation landscaping shall be provided along the entire base,
except the portion of portable structure adjacent to existing church. Shrubs shall be a
minimum of 36-inches in height and spaced a maximum of four (4) feet off center.
d. The applicant shall obtain all necessary permits and inspections from the Department of
Planning, Permits and Inspections Division. A Certificate of Occupancy shall be obtained
before occupancy of the structure.
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.
AGAPAE INTERNATIONAL CHURCH
Agenda Item 5
Page 4
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PROPOSED SITE PLAN
AGAPAE INTERNA TI0NAL CHURCH
Agenda ItEJ,-n 5
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PROPOSED BUILDING ELEVAIION&
FLOOR PLAN
AGAPAE INTERNATIONAL CHURCH
Agenda It~tn 5
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AC-I
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Modificalion of Condilions
# Date Description Action
1 12/03/96 Conditional Use Permit (church) Granted
09/27/94 Modification of Conditions (reduce land area associated with Granted
church and daycare facility, modified request allowed for modular
units to serve as in interim meeting place until a permanent structure
was built)
1 0/26/93 Conditional Use Permit (church and davcare center) Granted
2 03/27/07 Conditional Use Permit (gas station with convenience store) Granted
03/27/07 Modification of Proffers Granted
06/08/04 Zoning Change (AG-1, AG-2 & B-1 with historic & cultural district Granted
overlay to conditional B-2 with historic & cultural district overlav)
3 OS/27/97 Zoning Change (AG-1 & AG-2 to 0-2) Granted
OS/27/97 Conditional Use Permit (outdoor recreation facility) Granted
05/14/91 Conditional Use Permit (home occupation) Granted
4 10/13/92 Subdivision Variance Granted
5 09/22/98 Conditional Use Permit (fiber optic transmission facility) Granted
09/22/98 Zoning Change (AG-2 to Conditional B-2) Granted
6 08/08/95 Reconsideration of Conditions Granted
7 09/25/90 Zoning Change (AG-2 to B-1) Granted
04/27/93 Zoning Change (B-1 to R-10) Granted
8 06/10/97 Conditional Use Permit (church) Granted
ZONING HISTORY
AGAPAE INTERNATIONAL CHURCH
Agenda Item 5
Page 7
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DISCLOSURE STATEMENT I
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APPUCANT 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)
Agapae International Church: Clarence McPherson - Pastor & Trustee
Edward Thomas, Jr - Elder & Trustee
James McPherson, Elder &Trustee
.
2. List all businesses that have a parent-subsidiary' or affiliated business entitf
relationship with the appliCant (Attach list if necessary)
[! Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation. partnership. firm. business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary' or affiliated business entitf
relationship with the applicant: (Attach list if necessary)
o Check here if the property owner is NOT a corporation. partnership, firm,
business, or other unincorporated organization.
1 & 2 See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes _ No ~
If yes, what is the name of the official or employee and the nature of their interest?
Modification of Conditions AppliCation
Page 10 of 11
Revised 7/3107
DISCLOSURE STATEMENT
AGAPAE INTERNATIONAL CHURCH
Agenda Item 5
Page 8
~
I DISCLOSURE STATEMENT
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ADDlnONALD~CLOSURES
Ust 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)
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 ConfIid of Interests Ad, Va.
Code ~ 22-3101.
2 'Affiliated business entity relationship. means 'a retationship, other than parent-
subsidiary relatfonshlp, 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 controUing
owner In the other entity, or (iii) there is shared management or control between the business
entities. Fadors 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 Conftict of Interests Act, Va. COde 5
2.2-3101.
CERnFICA nON: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
t~~.~
Applicant's Signature
tLflR~fJc.E: ~.1'}~p"-~
Print Name
Property Owner's Signature (if different than applicant)
Print Name
Modification of Conditions Application
Page 11 of11
Revised 71312007
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DISCLOSURE STATEMENT
AGAPAE INTERNATIONAL CHURCH
Agenda Item 5
Page 9
Item #5
Agapae International Church
Conditional Use Permit
2641 Princess Anne Road
District 7
Princess Anne
January 9,2008
CONSENT
Joseph Strange: The next item is agenda item 5. It's an application of Agapae International
Church for a Modification of Condition for a request approved by City Council on December
3, 1996. The property is located at 2641 Princess Anne Road, District 7, Princess Anne, with
two conditions. Is there a representative?
Veronica Thomas: This is my first time. I believe I have to state my name? I'm Veronica
Thomas and I am representing Agapae International Church.
Joseph Strange: Are the conditions acceptable to you?
Veronica Thomas: Yes they are.
Joseph Strange: Okay. Is there any opposition to this matter being placed on the consent
agenda? The Chairman has asked Gene Crabtree to review this item.
Eugene Crabtree: The Conditional Use Permit that went with this church originally from
1996 stated that there would be no temporary structures on the property. They have come
back and they want a temporary structure on the property. They agree with all other
conditions. There are two conditions with this. They have agreed to landscape around the
temporary structure to make it more aesthetic pleasing to the neighbors. There is no
opposition to this request. This does not have any impact on the noise zone or the Accident
Prevention Zone around Oceana. It is not going to increase the density leading into the
property. Therefore, we recommended that it be put on the consent agenda.
Joseph Strange: Thank you Gene. I have a motion to approve agenda item 5.
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
ABSENT 1
ANDERSON AYE
I II
Item #5
Agapae International Church
Page 2
BERNAS
CRABTREE
HENLEY
HORSLEY
KATSIAS
KNIGHT
LIVAS
REDMOND
RUSSO
STRANGE
AYE
AYE
AYE
AYE
ABSENT
AYE
AYE
AYE
AYE
AYE
Ed Weeden: By a vote of 10-0, the Board has approved item 5 for consent.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Mountain Ventures Virginia Beach, L.L.C. for a Chanae of
Zonina District Classification from AG-2 Agricultural District to Conditional B-2
Community Business District on property located approximately 285 feet
northwest of the intersection of Winterberry Lane and Princess Anne Road (GPIN
1494096316). DISTRICT 7 - PRINCESS ANNE.
MEETING DATE: February 12,2008
. Background:
The applicant proposes to rezone one parcel, zoned AG-2 Agricultural, to B-2
Community Business and to incorporate the rezoned parcel into the adjacent
retail center currently under construction.
. Considerations:
The proposed site plan depicts a single-story 8,000 square foot retail commercial
building situated on the parcel to allow for parking on three sides. Access would
be from the internal circulation system of the adjacent retail center. The building
and parking area will be separated from Princess Anne Road by a continuation of
the berm and landscape plantings located to the northwest.
The location of this parcel is in close proximity to several existing access points
along Princess Anne Road, including an approved access point to the adjacent
commercial development, located roughly 700 feet northwest of the one currently
proposed, an adjacent neighborhood entrance, located approximately 300 feet to
the southeast, and the planned off-ramp to the Southeastern Parkway. Rather
than seeking another access from Princess Anne Road, however, the proposed
development will have access from the internal roadway system already
approved as part of the plan for the overall commercial center. Thus, in affect,
this rezoning as proffered avoids another access point on Princess Anne Road.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Mountain Ventures Virginia Beach, L.L.C.
Page20f2
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department A ~
cityManager:~olt.-.OB~ ' ~.-
I II
MOUNTAIN
VENTURES
VIRGINIA BEACH,
L.L.C.
REVISED for February 12, 2008 City
Council Public Hearing
. i
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Mop H-ll
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AG-2
(ITA)
REQUEST:
Chanae of Zonina District Classification from
AG-2 Agricultural District to Conditional B-2
Community Business District.
ADDRESS I DESCRIPTION: Property located approximately 285 feet northwest of the intersection of
Winterberry Lane and Princess Anne Road.
GPIN:
14940934870000
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
52,450 square feet or 1.16 acres
SUMMARY OF REQUEST
The applicant proposes to rezone one parcel, zoned AG-2
Agricultural, to B-2 Community Business and to incorporate the rezoned parcel into the adjacent retail
center currently under construction. This building to be located on the parcel is to be compatible in design
and materials to the adjacent retail center.
The proposed site plan depicts a single-story 8,000 square foot retail commercial building situated on the
parcel to allow for parking on three sides. Access would be from the internal circulation system of the
adjacent retail center. The building and parking area will be separated from Princess Anne Road by a
continuation of the berm and landscape plantings located to the northwest.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped property with a 15-foot wide ingress egress easement from Princess
Anne road to a telephone switching station.
SURROUNDING LAND North:
. Proposed retail shops and parking / B-2 Community Business
MOUNTAIN VENTURES VIRGINIA BEACH, L.L.C.
Report for February 12, 2008 City Council
Page 1
South:
District
. Across Princess Anne Road is undeveloped property / AG-2
Agricultural District (ITA Overlay)
. Undeveloped City-owned parcel / AG-2 Agricultural District
. Proposed retail shops / B-2 Community Business District
USE AND ZONING:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is an undeveloped parcel. There are no known significant
natural resource or cultural features associated with this site.
AICUZ:
The site is in an AICUZ of 70 dB Ldn to 75 dB Ldn surrounding NAS
Oceana. The Navy's Air Installation Compatible Use Zone Program
considers the proposed use to be conditionally compatible (sound
attenuation as part of the building construction required).
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Princess
Anne Road is currently an eight-lane divided major urban arterial to the north of the site and a two-lane
undivided major suburban arterial south of the site. The two-lane section of Princess Anne Road is
scheduled to be widened to a four-lane divided roadway as part of a VDOT roadway improvement
project beginning in 2009. Dam Neck Road in the vicinity of the site is a four-lane divided major
suburban arterial.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Dam Neck 39,290 ADT' 34,900 ADT (Level of Existing Land Use .t. -
Road (2005) Service "D" - Capacity) 1 0 ADT
37,100 ADT 1 (Level of
Service "E") Adjacent Commercial
Princess Anne 51,000 ADT 1 56,240 ADT (Level of Center: 19,494 ADT
weekday based on
Road (8-lane (2004 ) Service "D") 480,400 SF retail /
divided) 40,000SF office
Princess Anne 26,219 ADT 1 As a 2-lane undivided major
Road (southern (2006) suburban arterial section: Proposed Land Use 3 -
section) 17,100 ADT 1 (Level of 1,017 ADT
Service "D" - Capacity) -
18,400 ADT 1 (Level of
Service "E")
As a 4-lane divided roadway:
32,500 ADT 1 (Level of
Service "C")
34,900 ADT 1 (Level of
Service "D" - Caoacitv)
MOUNTAIN VENTURES VIRGINIA BEACH, L.L.C.
Report for February 12, 2008 City Council
Page 2
I II
, Average Daily Trips
2 as defined by uses under AG-2 zoning
3 as defined by 8,00 SF restaurant
If approved and incorporated into the Landstown Commons development, a one-foot no ingress/egress
easement along the entire length of the Princess Anne Road will be required. Thus, there will be no vehicular
access from this development to Princess Anne Road.
WATER: City water does not front the property. As this site is to be included as part of the Landstown
Commons parcel, this site must connect to that development's existing water system. There is an 8-inch City
water main in Winterberry Lane.
SEWER: City sanitary sewer does not front this site. As this site is to be included as part of the Landstown
Commons parcel, the site must connect to that development's sanitary sewer system. Analysis of the
Landstown Commons Pump Station and the collection system will be required to ensure future flows can be
accommodated. There is a 20-inch City water main in Princess Anne Road and an 8-inch City gravity sanitary
sewer main in Winterberry Road.
FIRE: No Fire Department comments at this time. The proposal will be reviewed in detail during site plan
review.
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request as proffered.
Comprehensive Plan:
The Comprehensive Plan recognizes this site to be within Strategic Growth Area 11, West Holland Area.
Developable land located in the south side of this area is planned for non-residential uses to include low
intensity retail and service uses that would be compatible with the nearby residential neighborhood.
This parcel is also identified in the Princess Anne Corridor Study, as part of Sub-Area 1. Recommended
land use for Sub-Area 1 consists of "non-residential uses including retail, service, office, educational and
institutional" .
Princess Anne Road is designated by the Comprehensive Plan as a controlled access roadway, "To
improve the efficiency of the facility, direct access to adjacent parcels should be relocated to interior
access or loop roads." (Princess Anne Corridor Study, page 40)
Evaluation:
The location of this parcel is in close proximity to several existing access points along Princess Anne
Road, including an approved access point to the adjacent commercial development, located roughly 700
feet northwest of the one currently proposed, an adjacent neighborhood entrance, located approximately
300 feet to the southeast, and the planned off-ramp to the Southeastern Parkway. Rather than seeking
another access from Princess Anne Road, however, the proposed development will have access from the
internal roadway system already approved as part of the plan for the overall commercial center. Thus, in
affect, this rezoning as proffered avoids another access point on Princess Anne Road.
MOUNTAIN VENTURES VIRGINIA BEACH, L.L.C.
Report for February 12, 2008 City Council
Page 3
Since this proposal is to become part of the Landstown Commons site, coordination for access, lighting,
landscaping, and pedestrian connections with this retail development is required to insure compatibility.
The submitted proffers are provided below.
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,"
(S107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
The Grantor shall develop the Property in substantial conformity with the concept plan prepared by Vanasse
Hangen Brustlin, Inc., dated November 1,2007, entitled "Conceptual Site Plan of Additional Landstown
Commons Parcel" (the "Concept Plan"), a copy of which is on file with the Department of Planning and has
been exhibited to the City Council.
PROFFER 2:
The Grantor shall construct a one-story building of up to 8,000 square feet on the Property in the location
identifies on the Concept Plan as "PROPOSED RETAIL J", which building shall be used for retail purposes
and which shall be constructed using building materials and architectural designs substantially similar to and
compatible with the designs and materials used in the adjacent Landstown Commons shopping center.
PROFFER 3:
The development on the Property shall form an addition to and share in all of the amenities of the adjacent
Landstown Commons shopping center, including, without limitation, parking and vehicular and pedestrian
access over and across the shopping center.
PROFFER 4:
At the time each section or phase of the Property is developed, the Grantors shall install a combination of
landscaping and berming of at least thirty feet (30') in width along Princess Anne Road, in substantial
conformity with the landscaping shown on the Concept Plan and the Street Section exhibit set forth on Sheet
7 of the Design Handbook for Landstown Commons, dated June 1, 2005, and prepared by Wakefield
Beasley & Associates (the "Design Handbook"), a copy of which is on file with the Department of Planning
and had been exhibited to the City Council.
PROFFER 5:
Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee
during detailed site plan and/or subdivision review and administration of applicable City Codes by all
cognizant City agencies and departments to meet all applicable City Code requirements.
STAFF COMMENTS: The proffers listed above are acceptable, as they ensure the development of the site
will be consistent with the quality and design of the adjacent shopping center.
The City Attorney's Office has reviewed the proffer agreement dated November 6,2007, and found it to be
MOUNTAIN VENTURES VIRGINIA BEACH, L.L.C.
Report for February 12, 2008 City Council
Page 4
I II
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.
MOUNTAIN VENTURES VIRGINIA BEACH, L.L.C.
Report for February 12, 2008 City Council
Page 5
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MOUNTAIN VENTURES VIRGINIA BEACH, L.L.C.
Report for February 12, 2008 City Council
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MOUNTAIN VENTURES VIRGINIA BEACH, L.L.C.
Report for February 12, 2008 City Council
Page 7
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AG-2
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CondiUOT1ii1 loning Cl1afl~t' from /\(;-2 W }3.2
12/07/87
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09/16/85
09/16/85
Change of Zoning from AG-1 & AG-2 to Conditional
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Change of Zoning from AG-1 to Conditional R-6
Change of Zoning from AG-2 to Conditional B-2
Change of Zoning from AG-2 to Conditional B-2
Change of Zoning from AG-2 to Conditional B-3
Granted
1
08/22/06
Granted
Denied
Withdrawn
Withdrawn
ZONING HISTORY
MOUNTAIN VENTURES VIRGINIA BEACH, L.L.C.
Report for February 12, 2008 City Council
Page 8
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MOUNTAIN VENTURES VIRGINIA BEACH, L.L.C.
Report for February 12, 2008 City Council
Page 9
Item #2
Mountain Ventures Virginia Beach, L.L.C.
Change of Zoning District Classification
285 feet of Winter berry Lane and Princess Anne Road
District 7
Princess Anne
January 9,2008
REGULAR
Janice Anderson: Now we will start of regular agenda, and I'll ask the Secretary to call the
first matter.
Donald Horsley: The first matter to be heard today is item 2, the application of Mountain
Ventures Virginia Beach, L.L.C. for a Change of Zoning District Classification from AG-2
Agricultural District to Conditional B-2 Community Business District on property located
approximately 285 feet northwest of the intersection of Winter berry Lane and Princess Anne
Road, District 7, Princess Anne.
Janice Anderson: Welcome Mr. Levy.
Michael Levy: Thank you very much. Good afternoon everyone. I'm Michael Levy with
the law firm of Troutman Sanders, and I am here today to represent our client Mountain
Ventures Virginia Beach, L.L.c. and their application to rezone a 1.16 acre parcel of
property that is located along Princess Anne Road from AG-2 to B-2. This property is
located immediately adjacent to and would form an interval part of the Landstown Commons
Shopping which is currently under construction. Our client desires to construct, a one-story
building of up to 8,000 square feet using building materials and architectural designs that
would be substantially similar to the Landstown Commons Shopping Center that is currently
going up. Throughout this process we have worked very closely with the Planning
Department staff, and we've also met with the adjacent property owners that form the
Landstown Community Civic League, and as a result of that coordination and in response to
certain comments and concerns that we've heard, our client desires to amend its plan slightly
from what we submitted to Planning Department initially. And so, you just received a
handout that reflects some but not all of those changes. The most important, which is not
reflected on that plan is that as of late yesterday evening, our client decided to withdraw its
request and eliminate the right turn off of Princess Anne Road. So, that now is not going to
be part of this application, which we would like to amend our plans to be able to eliminate
that right turn lane. In addition to that, you will see in your plans, some of the additional
comments that we have received were that the plan, as designed initially and as submitted to
the Planning Department do not comply with the Design Guidelines for shopping centers.
So, what we've done is to move the building a little bit closer to Princess Anne Road to
eliminate a row of parking that was immediately to the southwest of the building and to move
that parking up to the other side of the building. So, it is now located right there. We're also
now showing that two of those property lines would be vacated on this property so it actually
becomes part of the adjacent parcel. We're not showing the berming that we had proffered.
I II
Item #2
Mountain Ventures Virginia Beach, L.L.C.
Page 2
We're also showing, and one of the concerns was that there is 15 foot ingress/egress
easement across our property for a telephone switching station. Our client has been in
discussions with the telephone company. They are amenable to revising that easement so
that they will still have an easement for their underground utility lines but the access would
be provided through an alternative point. We're showing an alternate point on this new
design here. That is it. So, I think that summarizes all the changes that we're proposing to
make, again the most significant of which being that we would eliminate our request for the
additional right turn off of Princess Anne Road. One other issue that I wanted to raise is that
I know there have been some concerns about screening some of the conduit boxes and metal
boxes that you see on the adjacent shopping center we are building on Princess Anne Road.
Our client has been working closely with Karen Prochilo and others in the Planning
Department to try to resolve that issue. They have raised the berm where they have been able
in certain areas. We still see that there is a need for some additional screening because we
can still see some of those boxes, although they did shield, I believe an area where some
dumpsters were. So, our client has proposed to certainly paint those metal boxes so they will
blend in with the rest of the building. I think you received another handout today, a larger
version of this one at your informal session showing some renditions of what that would look
like with a view of the rear of the building after that area has been painted, and with the
foliage growing out to full growth. They have got evergreens growing in there. And, they
will continue to revisit this issue to make sure that everybody is happy here at the Planning
Commission, City Council, Planning staff, and we will continue to address until it is indeed
satisfied.
Janice Anderson: Thank you Mr. Levy.
Michael Levy: Thank you.
Janice Anderson: Are there any questions of Mr. Levy?
Jay Bernas: I have one quick question. Would the applicant be amenable to a deferral?
There has been a significant change to the site plan to be proffered and all the proffers have
to be rewritten to go back and bring us a new site plan next month that will exactly show
what it is going to look like.
Michael Levy: We would really like to remain on the agenda. I'm sure that is something that
they would prefer to do at this point. We've have been working very closely with the
Planning staff, and feel that the changes you're going to see on the revised plan would
include, you know the elimination of that lane, the continuation of the berm so that it is
continuous across Princess Anne Road. I think the only thing that they might gain here is a
little bit more space. Perhaps they could push things west or northwest a little. They really
would like to remain on the agenda for today if that is at all possible? We're working very
closely with the Planning staff to make sure that we revise the proffers, and modify the site
plan accordingly.
Janice Anderson: Are there any more questions for Mr. Levy at this time?
Item #2
Mountain Ventures Virginia Beach, L.L.C.
Page 3
Henry Livas: It sounds like you've addressed all the concerns from the Planning
Department. However, I would like to hear them say that this is addressing everything that
they were concerned about.
Jack Whitney: Mr. Livas, I'll be happy to do that. We appreciate the applicant working with
us on this matter. They have resolved the issues that we had, and to our satisfaction, and we
find that it is now an acceptable change. We have no problem, with the understanding that
we have with the applicant to go ahead and move forward.
Janice Anderson: Thank you Jack. Does that answer your question Mr. Livas?
Henry Livas: Yes.
Janice Anderson: Is there anybody else in support? I'm sorry. Go ahead AI.
Al Henley: I would like to say that I appreciate you working with the staff as much as you
have. Without these changes, I would let you know that I would not have been able to
support this as originally submitted. But with this, I can and unless there are other
comments, I recommend approval.
Janice Anderson: Thank you. Is there anyone else in support of the application to speak? Is
there any opposition?
Donald Horsley: No.
Michael Levy: Thank you.
Janice Anderson: Mr. Levy, when you come back and show up at Council, would you have
an encroachment agreement with utility, and maybe an agreement with that access? Do you
think you will have all that worked out by then?
Michael Levy: We will work very diligently to pursue an agreement. I think once they see
the final version of the plan now I think we have the ability to come to an agreement. So, I
think that is something that we can certainly work towards. I can't promise it because there is
another party of the agreement. But, it is certainly something we can work very hard to
resolve before we go before City Council. Thank you very much.
Janice Anderson: I believe we have a motion. Was that a motion Mr. Henley?
Al Henley: Yes it was.
Janice Anderson: Okay. Thank you. Is there a second to the motion?
Henry Livas: I'll second it.
Janice Anderson: Thank you Mr. Livas. Is there any discussion?
I I
Item #2
Mountain Ventures Virginia Beach, L.L.C.
Page 4
David Redmond: Madame Chairwoman? I have a disclosure? My employer is the listing
agent on this property. I have no particular interest in it. I don't work on this particular
property. I don't believe my employer's exposure to it affects my judgment in any way. So,
I'll be voting on it but I still wanted to make that clear.
Janice Anderson: Thank you Mr. Redmond.
Barry Knight: Ms. Anderson? Is that motion to amend the concept plan between here and
Council and to omit proffer 5?
Al Henley: Yes.
Janice Anderson: Yes. Thank you for that clarification Mr. Knight. We have a motion to
approve the application with the changes presented by Mr. Levy and the deletion of proffer 5,
with that to be changed between here and Council. We're ready for the vote.
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 the application of Mountain Ventures
with the change to the conceptual plan and the change to proffer 5.
Janice Anderson: Thank you.
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CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6753
FROM:
Leslie L. Lilley II::)
B. Kay Wilson~
DATE: February 1, 2008
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application: Mountain Ventures Virginia Beach, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on February 12, 2008. I have reviewed the subject proffer agreement, dated
November 6, 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: Ka~n Hassen
..
I I
Document Prepared By:
Troutman Sanders LLP
222 Central Park A venue, Suite 2000
Virginia Beach, VA 23462
AGREEMENT
TIDS AGREEMENT (the "Agreement") is made as of this 6th day of November, 2007,
by and between MOUNTAIN VENTURES VIRGINIA BEACH. LLC, a Delaware limited
liability company (hereinafter referred to as the "Grantor"), the current owner of that certain
property located in the City of Virginia Beach, Virginia, identified by GPIN 1494-09-3487, as
more particularly described in Exhibit A attached hereto and incorporated herein by reference
(the "Property"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia (hereinafter referred to as "Grantee").
WIT N E SSE T H:
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
of the Property from AG-2 to Conditional B-2; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed-use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the subject Property and at
the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned Conditional B-2 are needed
to cope with the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing B-2 zoning districts by the
existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
GPINs 1494-09-3487
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other
successors in title or interest, voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion of quid pro QUO for
zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following
declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenants and agrees that these
proffers (collectively, the "Proffers") shall constitute covenants running with the said Property,
which shall be binding upon the Property and upon all parties and persons claiming under or
through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in
interest or title, namely:
L The Grantor shall develop the Property in substantial conformity with the concept
plan prepared by Vanasse Hangen Brustlin, Inc., dated November 1, 2007, entitled "Conceptual
Site Plan of Additional Landstown Commons Parcel" (the "Concept Plan"), a copy of which is
on file with the Department of Planning and has been exhibited to the City Council.
2. The Grantor shall construct a one-story building of up to 8,000 square feet on the
Property in the location identified on the Concept Plan as "PROPOSED RETAJL 'J"', which
building shall be used for retail purposes and which shall be constructed using building materials
and architectural designs substantially similar to and compatible with the designs and materials
used in the adjacent Landstown Commons shopping center.
3. The development on the Property shall form an addition to and share in all of the
amenities of the adjacent Landstown Commons shopping center, including, without limitation,
parking and vehicular and pedestrian access over and across the shopping center.
4. At the time each section or phase of the Property is developed, the Grantors shall
install a combination of landscaping and berming of at least thirty feet (30') in width along
Princess Anne Road, in substantial conformity with the landscaping shown on the Concept Plan
and the Street Section exhibit set forth on Sheet 7 of the Design Handbook for Landstown
Commons, dated June 1, 2005, and prepared by Wakefield Beasley & Associates (the "Design
Handbook"), a copy of which is on file with the Department of Planning and has been exhibited
to the City Council.
2
I I
5. Further conditions lawfully imposed by applicable development ordinances may
be required by the Grantee during detailed site plan and/or subdivision review and administration
of applicable City Codes by all cognizant City agencies and departments to meet all applicable
City Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantor covenants and agrees that (1) the Zoning Administrator of the City of
Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Department
of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee.
3
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR:
MOUNTAIN VENTURES VIRGlNIA BEACH, LLC,
a Delaware limited liability company
By: GOODMAN PROPERTIES, INC.,
a Delaware corporation, its Manager
By: ~~ t--c q' ~-
Name: Lawrence A Silvestri
Title: Vice President
STATFJCO~ ~lbfiOa-
CITY/COUNTY OF '.iJl , to-wit:
nt was acknowledged before me this ~y of
., who is ~v known to ~ or has ced
as identification in his capacity as Vice President of Goodman
P1.u~ ties, Inc., a Delaware corporation, on behalf of the col'p01'8tion.
~Qji~
Notary Public
My commission expires:
-::;- /J.O! J..OI ,
Notary Registration Number:~ D.D &q ~Lf q ~
DOlOI8 A. Drllslo
[An affixed seal must
be a photographically
reproducible image.]
. "-.
DOLaIE8A.OIl'sro .
· ......, ~ . Slale of FIotiaa
atrellll . Ih.ExpjresJu/20 201t
e-l'WUII DO 695492
334500.5
4
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EXHIBIT A
LEGAL DESCRIPI'lON OF PROPERTY
PARCEL ONE (GPIN 1494-09-3487)
AIL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon,
situated in the City of Virginia Beach, Virginia, containing 1.1612 acres, and being known,
numbered, and designated as Lot 1, as shown on that certain plat entitled "Subdivision Plat for
Continental Telephone Company of Survey of Property for Jon C. McGruder (M.B. 71, P. 1
Princess Anne Borough, Virginia Beach, Virginia", dated December 10, 1984, made by Mel
Smith & Associates, which plat is duly recorded in the Clerk's Office of the Circuit Cowt of the
Qty of Virginia Beach, VA, in Map Book 2396, at page 185, to which plat reference is hereby
made for a more specific description of said parcel:
SA VB AND EXCEPT all that certain lot, piece or parcel of land, with all buildings and
improvements thereon and the appurtenances thereunto appertaining, lying. situate and being in
the City of Virginia Beach, VA and being known, numbered and designated as Lot lA, .0618
acres, on that certain plat entitled. "Subdivision Plat for Continental Telephone Company, Survey
of Property for Jon C. McGruder, Princess Anne Borough, Virginia Beach, VA", which plat is
duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, V ~ in
Deed Book 2396, at page 185. Together with an ingress and egress easement, being fifteen (15)
feet in width and nmning from said Lot lA to Princess Anne Road, all as is more particularly
described as shown on the aforesaid duly ICCOrded plat, and being conveyed to Continental
Telephone Company by deed of Howard IL Holzmacher, Sr., dated April 23, 1985, and duly
recorded in the Clerk's Office aforesaid in Deed Book 2406, at page 1569.
IT BEING the same property conveyed to Mountain Ventures Virginia Beach, ILC, a Delaware
limited liability company, by deed from Cherron B. Mitchell and Larry D. Brinldey, as Co--
Executors and Co- Trustees under the last will and testament of Irvin Louis Brinkley, Sr., which
deed was dated December 27, 2006, and recorded January 3,2007 in the Clerk's Office of the
Circuit Court of City of Virginia Beach, Virginia, as Instrument Number 20070103000000910.
5
I [
- 29-
Item V-J.2.
PLANNING
ITEM #56547
Upon motion by Vice Mayor Jones. seconded by Council Lady Wi/son, City Council ADOPTED an
Ordinance upon application of GARNETT POINT ROAD, L.L.C for a Conditional Change of Zoning
at 416-516 Garnett Point re the construction offorty (40) single-family dwellings.
ORDINANCE UPON APPLICATION OF GARNETT POINT ROAD,
L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM A-I2 TO CONDITIONAL A-12 WITH A PD-H2 PLANNED UNIT
DEVELOPMENT DISTRICT OVERLAY Z0607 I 282
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA
Ordinance upon application of Garnett Point Road, L.L.C. for a Chan1!.e
of Zonin!! District Classification from A-12 Apartment District to
Conditional A-12 Apartment District with a PD-H2 Planned Unit
Development District Overlay on property located at 416-516 Garnett
Point Road (GPINs 1467688397; 1467780500; 1467780653). DISTRICT
2 - KEMPSVILLE
The following condition shall be required:
I. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court
and is hereby made a part of the record..
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of June Two Thousand
Seven
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer. Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf. John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Ron A. Villanueva
June 12, 2007
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CITY OF VIRGINIA BEACH
AGENDA ITEM
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ITEM: Application of Garnett Point Road, L.L.C. for a Chanae of Zonina District
Classification from PD-H2 Planned Unit Development District (A-12) to P-1
Preservation District on property located at 416-516 Garnett Point Road (GPINs
1467688397; 1467780500; 1467780653). ). DISTRICT 4 - BAYSIDE.
MEETING DATE: February 12, 2008
. Background:
The site was rezoned from A-12 Apartment District to Conditional A-12
Apartment District with a PD-H2 Planned Unit District Overlay in June 2007. The
zoning ordinance requires a rezoning to P-1 Preservation District for all land to
be owned and maintained by a homeowners' association. Such rezoning must
occur before any subdivision plat of the property within the PD-H2 District is
approved for recordation or any building permit issued. Since the plan proffered
at the time of the rezoning was not precise enough to delineate the metes and
bounds of the open space (P-1 ) areas, the applicant, at the time of the original
rezoning request, proffered the following:
The areas depicted on the Concept Plan, which will not be occupied by
buildings, including drive aisles, parking areas, setbacks, landscaping
features, and fencing are open spaces, which may only be utilized as
such. Open Spaces shall be rezoned to P-1 Preservation District prior to
Site Plan Approval and shall be maintained and used by the Condominium
Association consistent with the intent and regulations set forth in Article 3
of the Zoning Ordinance ("Preservation District").
. Considerations:
The applicant proposes to rezone the open space portions of the existing PD-H2
Planned Unit Development District (A-12) to P-1 Preservation District as required
by the City Zoning Ordinance and as proffered in June of last year. Thus, this
rezoning request has no substantive affect on the proposed development except
to ensure that the areas rezoned to P-1 are used for no purpose other than open
space uses.
The Planning Commission placed this item on the consent agenda because the
change is a fulfillment of a proffer from a prior rezoning, the request complies
with the City Zoning Ordinance as it pertains to open space in PD-H2 Districts,
and there was no opposition to the matter.
Garnett Point Road, L.L.C.
Page 2 of 2
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
1~
Submitting Department/Agency: Planning Department
City Manage~~ k- .~~
, I [
Staff Planner: Faith Christie
GARNETT POINT
ROAD, L.L.C.
Agenda Item 1
January 9, 2008 Public Hearing
REQUEST:
Chanae of Zonina District Classification from
PD-H2 Planned Unit Development District (A-12)
to P-1 Preservation District
ADDRESS I DESCRIPTION: Property located at 416 - 516 Garnett Point Road
GPIN:
14676883970000;
14677805000000;
14677806530000
COUNCIL ELECTION DISTRICT:
2 - KEMPSVILLE
SITE SIZE:
3.71 Acres
The applicant proposes to rezone the open space portions of
the existing PD-H2 Planned Unit Development District (A-12)
to P-1 Preservation District as required by the City Zoning Ordinance. The site was rezoned from A-12
Apartment District to Conditional A-12 Apartment District with a PD-H2 Planned Unit District Overlay in
June 2007. The zoning ordinance requires a rezoning to P-1 Preservation District for all land to be owned
and maintained by the homeowners' association. Such rezoning must occur before any subdivision plat of
the property within the PD-H2 District is approved for recordation or any building permit issued. Since the
plan proffered at the time of the rezoning was not precise enough to delineate the metes and bounds of
the open space (P-1) areas, the applicant, at the time of the original rezoning request, proffered the
following:
SUMMARY OF REQUEST
The areas depicted on the Concept Plan, which will not be occupied by buildings, including drive
aisles, parking areas, setbacks, landscaping features, and fencing are open spaces, which may only
be utilized as such. Open Spaces shall be rezoned to P-1 Preservation District prior to Site Plan
Approval and shall be maintained and used by the Condominium Association consistent with the
intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District").
Thus, this rezoning request is simply to comply with the City Zoning Ordinance requirements and the
recorded Proffer Agreement.
GARNETT POINT ROAD, L.L.C.
Agenda Item 1
Page 1
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Several single-family homes currently occupy the site.
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
AICUZ:
. Garnett Point Condominiums I Conditional A-12 Apartment
. Adkins Meadows Condominiums I A-12 Apartment
. Summer Lake Condominiums I Conditional A-12 Apartment
. Garnett Point Road
. Across Garnett Point Road is Grand Lake Town homes I A-12
Apartment
The site is grassed with several mature trees. It is located within the
Resource Management Area of the Chesapeake Bay Preservation Area.
There are no significant natural resources or cultural features associated
with the site.
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
There are no impacts to City services by rezoning these open space areas to P-1.
Recommendation:
Staff recommends approval of this
request.
EVALUATION AND RECOMMENDATION
Evaluation:
The requested rezoning from PD-H2 Planned Unit Development District (A-12) to P-1 Preservation
District is acceptable, as it completes a requirement of both the City Zoning Ordinance and the June 2007
proffers pertaining to rezoning of open space areas within this development to P-1 Preservation District.
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.
GARNETT POINT ROAD, L.L.C.
Agenda Item 1
Page 2
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GARNETT POINT ROAD, L.L.C.
Agenda Item 1
Page 3
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APPROVED CONCEPT PLAN
GARNETT POINTHOAD, L.l.C.
Agenda ItEll'l11
page 4
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(I)
reloned -
:1
1-1
1. 1/26/99 Rezoning (R-7.5 Residential and A-12 Apartment to Conditional A-12 Approved
Apartment)
6/2/92 Conditional Use Permit (Recreational Facility) Denied
2/27/92 Conditional Use Permit (Fill Borrow Pit) Withdrawn
2. 3/28/95 Conditional Use Permit (Landfill) Denied
3. 8/28/90 Rezonino (R-7.5 Residential to Conditional A-12 AoartmenO Approved
4. 9/28/99 Street Closure Approved
2/9/99 Rezoning (R-7.5 Residential to A-12 Apartment with a PD-H2 Planned Approved
Unit Overlay)
5. 6/12/07 Rezoning (A-12 Apartment District to Conditional A-12 Approved
Apartment District with a PD-H2 Planned Unit District Overlay)
10/14/68 Rezoning to R-M Multiple Family Approved
ZONING HISTORY
GARNETT POINT ROAD, L.L.C.
Agenda Item 1
Page 5
~
II DISCLOSURE STATEMENT
~
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)
/
" A3;
arnett Point Road, L.L.C.: Steven Bishard, Managing Member; John Bishard,
Member
2. List all businesses that have a parent-subsidiary1 or affiliated business entiV
relationship with the applicant: (Attach list if necessary)
0 Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners. etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary1 or affiliated business entiV
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
Rezoning Application
Page 9 of 10
Revised 91112004
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DISCLOSURE STATEMENT
GARNETT POINT ROAD, L.L.C.
Agenda Item 1
Page 6
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o ADDIT10NAl DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
....-.c to the requested property use, including but not limited to the providers of architectural
~ services, real estate services, financial services, accounting services, and legal
r: services: (Attach list if necessary)
<~ ~imley Horne & Associates
t vS,Ykes, Bourdon, Ahern & Levy, P.C.
lktarry R. Purkey, Jr., Esquire
U ~ VFlrst Horizon
....-.c 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
Z between the entities." See State and Local Government Conflict of Interests Act. Va.
Code S 2.2-3101.
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DISCLOSURE STATEMENT
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
O aCCOrding. to. the. instructions i')Jhi. 's package.
a v.~rnett P9!ELF~Qad)~.,~,C. (,
c By: .47'-'-<< h. Ut ,14~ . Steven Bishard. Managing Member
N Applicant's Signature Print Name
~ Property Ow"e<', SI,",""e t' dMe",,1 thoo 000,,,,,,,1)
Print Name
Rezoning Application
Page 10 of 10
Revised 9/1/2004
DISCLOSURE STATEMENT
GARNETT POINT ROAD, L.L.C.
Agenda Item 1
Page 7
Item # 1
Garnett Point Road, L.L.C.
Change of Zoning District Classification
416-516 Garnett Point Road
District 4
Bayside
January 9,2008
CONSENT
Janice Anderson: The next matter of business is the consent agenda. I will turn over to Vice
Chair Joe Strange.
Joseph Strange: Thank you. This afternoon we have six items on the consent agenda. The
first matter is item 1. This is the an application of Garnett Point Road, L.L.C., for a Change
of Zoning District Classification from PD-H2 Planned Unit Development District (A-12) to
P-1 Preservation District on property located at 416-516 Garnett Point Road, District 2,
Kempsville.
Eddie Bourdon: Mr. Vice Chair. Madame Chair. Congratulations.
Janice Anderson: Thanks.
Eddie Bourdon: Congratulations Phil. I look forward to the few years of your astute wisdom
to this Commission. We appreciate being on the consent agenda. I did indicate that I was
going to mention this. This P-1 rezoning on this PD-H2 really is an area that, I think, with
conditional zoning, which we didn't have when PD-H2 was put into place 35-40 years ago, is
really kind of a waste to have to come back and rezone these little strips ofland P-1. There
ought to be a better way of doing it. We're happy to be on consent. We do think it's an area
that can be modified in the ordinance. We're proffering exactly that it is going to be open
space, and it can't be changed. It's a way that we probably ought to make this a little bit
more streamlined. We appreciate being on the consent agenda.
Janice Anderson: Thank you.
Joseph Strange: Is there any opposition to this matter being placed on the consent agenda?
The Chairman has asked Henry Livas to review this item.
Henry Livas: The site was rezoned from A-12 to P-1 Preservation District as required by the
City Zoning Ordinance. The site was rezoned from A-12 Apartment District to Conditional
A-12 District with a PD-H2 Planned Unit District Overlay in June 2007. The Zoning
Ordinance also requires a rezoning to P-1 Preservation District for all land to be owned and
maintained by the homeowners' association. The applicant, at the time of the original
rezoning request, proffered the following: the open spaces shall be rezoned to P-1
Preservation District prior to site plan. This is what brings us to this event today. Thus, the
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Item # 1
Garnett Point Road, L.L.C.
Page 2
rezoning request is simply to comply with the City's Zoning Ordinance requirements and the
recorded proffer agreement. Therefore, we recommended that this be approved.
Joseph Strange: Thank you Mr. Livas. Madame Chairman, I have a motion to approve
agenda item 1.
Janice Anderson: There is a motion to approve agenda item 1. 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
LIVAS AYE
KA TSIAS
KNIGHT AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved item 1 for consent.
Faith Christie
From: CARLSONNN@aol.com
Sent: Saturday, January 05, 2008 11 :29 PM
To: Faith Christie
Subject: Garnett Point Road rezoning
I would like to say that I support the P-1 preservation at 416-516 Garnett Point Road.
The area has so many condo's and apartments already that the quality of life here would be degraded. I know it's
usually an uphill battle to preserve any undeveloped land in Va. Beach but it would be wonderful to save small
undeveloped parcels here and there for the general quality of life in Va. Beach. When friends visit me for the first
time they always say how beautiful and quiet it is here. I pray that it will stay that way.
Thank you for any consideration you give to preserving this parcel of land.
Most Sincerely,
Lucy Carlson
(Responce is to certified letter I received from Planning Dept., City of Va. Beach)
**************
Start the year off right. Easy ways to stay in shape.
http://body .aol.com/fitness/winter-exercise?NCI D=aolcmp00300000002489
1/7/2008
Map L-4
M<!lp Net. 'to SC<!lle
Non-Conforming Use
1. 1/28/92 Alteration to a Nonconformin Use
2. 12/12/07 Subdivision Variance
Withdrawn
A roved
ZONING HISTORY
JOHN SARGENT
February 12, 2008 City Council Meeting
Page 7
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution authorizing the Enlargement of a Nonconforming Use on
property located at 203 62nd Street (GPIN 24197233980203) for John
Sargent. DISTRICT 5 - L YNNHAVEN.
MEETING DATE: February 12, 2008
. Background:
The applicant requests approval of alterations to a nonconforming use. The site
is nonconforming because three (3) dwellings currently exist on the site. Based
on the size of the lot, the R-5R Resort Residential district allows one (1) single-
family dwelling or one (1) duplex dwelling. The subject dwelling and the detached
garage with workshop are original dwellings built in 1944 on 62nd Street. At
some point in the past, the detached garage with workshop was converted to a
garage apartment with workshop. In January 1989, previous owners obtained a
building permit to add another dwelling unit, 205 62nd Street, to the site. In June
1989, the previous owners created a condominium on the site with each dwelling
unit being a separate condominium. Unit 203-A consists of the garage apartment
located at the rear of the lot. Unit 203, the subject unit, consists of the dwelling
located at the middle of the lot. Unit 205 consists of the dwelling located at the
front of the lot. Unit 203 and Unit 205 are physically connected and are,
therefore, considered a duplex. After converting the lot to condominium, the
dwellings were then sold to different people.
Considerations:
The applicant hired a contractor to convert a portion of the glassed-in porch on
the rear of Unit 203 to living area, to rehabilitate and expand the utility room, and
to add a new set of exterior stairs on the northern section of the structure. The
conversion of the glassed-in porch and the expansion of the utility room occurred
under existing roofs and did not expand the footprint of the structure. The only
external expansion of the structure occurred with the addition of the new stairs.
The addition of the stairs does not encroach any further into the side yard
setback than the existing structure and does not encroach into the rear yard
setback. Even though three (3) dwellings exist on the site, the total lot coverage
and floor area for all three (3) structures does not exceed that permitted in the R-
5R Resort Residential District. There was little if any change to the exterior of the
structure than what existed prior to the conversion, expansion, and addition of the
stairs.
John Sargent I Nonconforming Use Application
Page 2 of 2
. Recommendations:
The alterations are reasonable, have a minimal impact, and are as appropriate to
the district as the existing non-conforming use.
1. The applicant shall obtain all the necessary permits from the Permits and
Inspections Division of the Planning Department, and a Certificate of
Occupancy from the Building Official.
. Attachments:
Staff Review
Disclosure Statement
Location Map
Resolution
Recommended Action: Approval.
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Submitting Department/Agency: Planning Department
City Manager:~ \( ~
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2
3
A RESOLUTION AUTHORIZING THE ENLARGEMENT OF
A NONCONFORMING USE ON PROPERTY LOCATED AT
203 62nd STREET, L YNNHA VEN DISTRICT
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WHEREAS, John Sargent (hereinafter the "Applicant"), has made application to
the City Council for authorization to enlarge a nonconforming use with additions to a
duplex structure on a certain lot or parcel of land having the address of 203 62nd Street,
in the R-5R Zoning District; and
WHEREAS, the said use is nonconforming, as the parcel contains both a single-
family dwelling (garage apartment) and a duplex, which is not presently allowed in the
R-5R Zoning District but was constructed prior to the adoption of the Zoning Ordinance;
and
WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
enlargement of a nonconforming use is unlawful in the absence of a resolution of the
City Council authorizing such action upon a finding that the proposed use, as enlarged,
will be equally appropriate or more appropriate to the zoning district than is the existing
use;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council hereby finds that the proposed use, as enlarged, will be
equally appropriate to the district as is the existing use.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the enlargement of the duplex dwelling is hereby authorized, upon the
following condition:
The applicant shall obtain all necessary permits from the Permits and Inspections
Division of the Planning Department and a Certificate of Occupancy from the Building
Official.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
February, 2008.
day of
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SU~Z)1. mJ.
City Attorney's Office
CA10615/R-1/January 29, 2008
JOHN SARGENT
February 12, 2008
City Council Meeting
MQP 1,.4
M Nc't 1.C:. Seal.
Staff Planner: Faith Christie
REQUEST:
Enlaraement of a Nonconformina Use for
enclosure of a glassed in porch, expansion of a
utility room, and addition of new stairs.
ADDRESS J DESCRIPTION: Property located at 203 62nd Street
GPIN:
24197233980203
COUNCIL ELECTION DISTRICT:
5-LYNNHAVEN
SITE SIZE:
12,375 square feet
SUMMARY OF REQUEST
The applicant requests approval of alterations to a
nonconforming use. The site is nonconforming because three (3) dwellings currently exist on the site.
Based on the size of the lot, the R-5R Resort Residential district allows one (1) single-family dwelling or
one (1) duplex dwelling. The subject dwelling and the detached garage with workshop are original
dwellings built in 1944 on 62nd Street. At some point in the past, the detached garage with workshop was
converted to a garage apartment with workshop. In January 1989, previous owners obtained a building
permit to add another dwelling unit, 205 62nd Street, to the site. In June 1989, the previous owners
created a condominium on the site with each dwelling unit being a separate condominium. Unit 203-A
consists of the garage apartment located at the rear of the lot. Unit 203, the subject unit, consists of the
dwelling located at the middle of the lot. Unit 205 consists of the dwelling located at the front of the lot.
Unit 203 and Unit 205 are physically connected and are, therefore, considered a duplex. After converting
the lot to condominium, the dwellings were then sold to different people.
The applicant hired a contractor to convert a portion of the glassed-in porch on the rear of Unit 203 to
living area, to rehabilitate and expand the utility room, and to add a new set of exterior stairs on the
northern section of the structure. The conversion of the glassed-in porch and the expansion of the utility
room occurred under existing roofs and did not expand the footprint of the structure. The only external
expansion of the structure occurred with the addition of the new stairs. The addition of the stairs does not
encroach any further into the side yard setback than the existing structure and does not encroach into the
JOHN SARGENT
February 12, 2008 City Council Meeting
Page 1
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rear yard setback. Even though three (3) dwellings exist on the site, the total lot coverage and floor area
for all three (3) structures does not exceed that permitted in the R-5R Resort Residential District. There
was little if any change to the exterior of the structure than what existed prior to the conversion,
expansion, and addition of the stairs.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Three (3) dwellings (a duplex and a garage apartment), associated parking, and
landscaping exist on the site. The site is zoned R-5R Resort Residential.
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
. Vacant lot
. 62"d Street
. Single-family dwelling I R-5R Resort Residential
. Semi-detached dwellings I R-5R Resort Residential
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is heavily landscaped with native vegetation.
AICUZ:
The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
There is no impact to City Services.
Staff recommends approval of this
request.
EVALUATION AND RECOMMENDATION
The proposed alterations are reasonable, have minimal impact, and are as appropriate to the district as
the existing non-conforming use. The conversion of the glassed-in porch and the expansion of the utility
room occurred under existing roofs and did not expand the footprint of the structure. The only external
expansion of the structure occurred with the addition of the new stairs. The addition of the stairs does not
encroach any further into the side yard setback than the existing structure and does not encroach into the
rear yard setback. The request, therefore, is acceptable.
JOHN SARGENT
February 12, 2008 City Council Meeting
Page 2
CONDITIONS
1. The applicant shall obtain all the necessary permits from the Permits and Inspections Division of the
Planning Department, and a Certificate of Occupancy from the Building Official.
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.
JOHN SARGENT
February 12, 2008 City Council Meeting
Page 3
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AERIAL OF SITE LOCATION
JOHN SARGENT
February 12, 2008 City Council Meeting
Page 4
r.
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JOHN SARGENT
February 12, 2008 City Council Meeting
Page 5
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PHOTOGRAPHS OF AL TERTED AREAS
JOHN SARGENT
February 12, 2008 City Council Meeting
Page 6
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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)
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2. List all businesses that have a parent-subsidiary1 or affiliated business entitf
relationship with the applicant: (Attach list if necessary)
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;EJ 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)
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2. List all businesses that have a parent-subsidiary 1 or ffiliated business entitf
relationship with the applicant: (Attach list if necessary)
y;r Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization. .
1 & 2 See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes _ No
If yes, what is the name of the official or employee and the nature of their interest?
Non.Conforming Use Application
Page 8 of 9
Revised 7/3107
JOHN SARGENT
February 12, 2008 City Council Meeting
Page 8
CLOSURE 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)
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 9 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 contro!ling
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 inforT\'iatioJ"l contained herein is true and accurate.
I understand that. upon receipt of notification (postcard) that the application has been scheduled for
public hearing. I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
:T:, ;~'" ~'. St,f.."J;:::
Print Name
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NO~-Co~forr",~g Use App!:catio~
Page 9 of S
Revised 7/3/07
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February 12, 2008 City Council Meeting
Page 9
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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)
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 ~ 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 Govemment Conflict of Interests Act, Va. Code ~
2.2-3101.
CERTIFICA nON: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing. I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
/Jev- :EJL A I~ v t< ~ v /tie
?, Pnnt Name
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Print Name
Non-Confonning Use Application
Page 9 of 9
Revised 7/3107
JOHN SARGENT
February 12, 2008 City Council Meeting
Page 10
II DISCLOSURE STATEMENT
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)
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 ~ 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 ow ner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code ~
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
J~,# A ~vLAev.~
Print Name
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Page 9 of 9
Revised 7t3/07
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JOHN SARGENT
February 12, 2008 City Council Meeting
Page 11
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- 28-
Item K.l.
ITEM # 57288
PLANNING
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED TO
THE CITY COUNCIL SESSION OF FEBRUARY 12, 2008, 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.
ORDINANCE UPON APPLICATION OF BONAVENTURE
INVESTMENTS, L.1. C. FOR THE MODIFICATION OF A REQUEST
APPROVED BY CITY COUNCIL ON DECEMBER 12,2006 (OCEAN
PROPERTIES, L.L.c.).
Ordinance upon application of Bonaventure Investments, L.L. C. for the
modification of a request approved by City Council on December 12,
2006 (Ocean Properties, 1.1. C.). Property is located at the northwest
intersection of Centerville Turnpike and Lynnhaven Parkway (GPINs
1454980202; 1454983391). DISTRICT 1- CENTERVILLE.
Voting: 10-0
Council Members Voting Aye:
William R "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor
Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer
February 5,2008
o
3
001
B-2
!'v1odj[jcaliot1 oi Conditions
1. 12/12/06
Rezoning (B-2 Community Business District to Conditional
B-4 Mixed Use District)
Conditional Use Permit (Automobile Service Station)
Rezonin R-6 Residential to B-2 Business
Conditional Use Permit Borrow Pit
Conditional Use Permit (Recreational Facility - Driving
Ran e and future Miniature Golf Course
Conditional Use Permit Home Da Care
Approved
5/22/01
11/10/75
2. 1/12/99
3. 1/25/94
Withdrawn
A roved
Approved
Approved
4. 8/13/02
A roved
ZONING HISTORY
BONAVENTURE INVESTMENTS, L.L.C.
Agenda Item 8
Page 12
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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 12, 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.
The City Council deferred this application on February 5.
. 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.
The proposed structures are semi-urban in design with composite shingle roofs,
brick and or cultured stone on the first level and hardi-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
protect the predominantly suburban character that is defined, in large measure,
Bonaventure Investments, L.L.C.
Page 2 of 2
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 DepartmentlAgencr,: Planning Department
City Manager: , ~ ~~
~
. I I
BONAVENTURE
INVESTMENTS, L.L.C.
Agenda Item 8
January 9,2008 Public Hearing
.
REQUEST:
Staff Planner: Faith Christie
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.)
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 hanii-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
SURROUNDING LAND
USE AND ZONING:
North:
South:
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
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, L.L.C.
Agenda Item 8
Page 2
I I
AICUZ:
The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP):
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 34,900 ADT Existing Land Use L. -
Parkway 5,459 ADT (450 peak)
Proposed Land Use 3 -
Centerville 17,900 ADT 1 12,500 ADT 1 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
T allwood Elementary 610 621 13.9 14
Brandon Middle 1,248 1,198 9.9 10
Tallwood High 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
I I
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,"
(~1 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
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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)
\ l13~naventure Investments, LLC: Dwight D. Dunton, Ill, Managing Member
2. List all businesses that have a parent-subsidiary' or affiliated business entity?
relationship with the applicant: (Attach list if necessary)
o 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)
?/
\ {me.1 Farms. Inc.: Rose Anne Coker, President; Anne D. Wood, Vice President;
Sara W. Hewitt, Treasurer & Secretary
2. List all businesses that have a parent-subsidiary1 or affiliated business entity?
relationship with the applicant: (Attach fist jf necessary)
o Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1 & L See next page for footnotes
ModificatiOn of Conditions Application
Page10cf11
ReVised 9/1.12004
BONAVENTURE INVESTMENTS, L.LC.
Agenda Ite." 8
PageJ 3
II 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, Ahem & Levy, P.C.
t '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 S 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 ~e instructions in thi package.
on ntur' In es en I LL
By: ' /~ Dwight D. Dunton, III, Managing Member
Appli nt's ature Print Name
Lillel Farms, Inc.
By: Rose Ann Coker, President
Property Owner's Signature (if different than applicant) Print Name
Modification of Conditions Application
Page 11 of 11
Revised 9/112004
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BONAVENTURE INVESTMENTS, L.L.C.
Agenda Item 8
Page 14
.J
'J
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 ~ 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, Oil a controlling owner in
one entity is also a controlling owner in the other entity, or Oi;) 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 i 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 0, Dunton. III, Managing Member
Appticanfs Signature Print Name
Li rm . n~~..
B . ~ Rose Ann Coker, President
Prop Owner's Signature (If al1ferent than applicant) Print Name
Modlficallon of Condllions Appllcallon
Page 11 of 11
Revlsed 91112004
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BONAVENTURE INVESTMENTS, L.L.C.
Agenda Item 8
Page 15
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Item #8
Bonaventure Investments, L.L.C.
Modification of a Request
Northwest intersection ofCenterville Turnpike and
Lynnhaven Parkway
District 1
Centerville
January 9,2008
CONSENT
Joseph Strange: The next matter is agenda item 8, Bonaventure Investments, L.L.C. This is
an application of Bonaventure Investments, L.L.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, L.L.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.
I I
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)
CITY 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, L.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
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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, 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").
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. 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.
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
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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:
Bonaventure Investments, L.L.C., a Virginia limited
liability comp y
By:
STATE OF VIRGINIA; .'. ...,.._
CITY/COUNTY A/'!.Ao"'< -.~r~
, to-wit:
..- I:"~
The foregoing instrument was acknowledged before me this Ji. , day of
jd...a...vt. , 2007, by Dwight D. Dunton, III, Managing Member of Bonaventure
Investments, L.L.C., a Virginia limited liability company, Grantor.
(/
""...../.
7/~=~~O.::~~_.A';'~_O'_-- -.
Notary Public
My Commission Expires: ~. . ~<<-~; . cC;
Notary Registration No.: 35 '? cc ";
... .....
......, PuIIO
~IMI'_" ....
.,..
COIMDIIIllft
5
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WITNESS the following signature and seal:
Grantor:
.',
Lillel Fanns, Inc., a Virginia corporation . ..'
By:(]CbOf ~ C!11~ ~
Rose Ann Coker, President '
STATE OF VIRGINIA
CITY OF V', (.:5 '\ - i r~\ (So... ( ~ ' to-wit:
The foregoing instrument was acknowledged before me this I St- day of
N 0;'2 ",\rat r . 2007, by Rose Ann Coker, President of Lillel Farms, Inc., a Virginia
corporation, Grantor.
My Commission Expires:
Notary Registration No.:
Q.k cf. ~J~
Notary Public
~;~ ~~I ,cl. tq <J
IC ' '\.'l,.,
REBECCA l. ETHERIDGE
Notary Public
Commonwealth of Virginia
ID , 7029956
My ComrnIseiod Expires May 31, 2010
b
EXHIBIT "A"
Parcell:
ALL THAT certain lot, piece or parcel ofland, with the buildings and improvements thereon,
and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia
Beach, Virginia, and being known, numbered and designated as "PARCEL 49.469 ACRES",
as shown on that certain plat entitled "SUBDIVISION OF PROPERTI 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 PROPERTI OF ULLEL 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/BonaventureInvestments/Proffer
7
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M. APPOINTMENTS
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
COMMUNITY SERVICES BOARD (CSB)
HUMAN RIGHTS COMMISSION
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N. UNFINISHED BUSINESS
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o. NEW BUSINESS
P. ADJOURNMENT
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CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
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DATE: February 5,2008 M B L
D C E L
E D H C R A W
PAGE: I S I E J L N U N I
T E D N 0 A D H U L W
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
I CITY COUNCIL BRIEFINGS:
A VOLUNTEER OFFICE RESOURCES Mary Russo,
Annual Report Director
B SPSA Financial Analysis CANCELLED
Rescheduled to
February 12,2008
II CITY MANAGER'S BRIEFING:
A ECONOMIC DEVELOPM::NT R. Steven
STRA TEGYIDIVERSIFICA TION Herbert, Chief
Development
Officer
III/IVN/ CERTIFICATION OF CLOSED CERTIFIED 9-0 Y Y A Y Y Y Y Y A Y Y
VINU.E SESSION B
S
T
A
I
N
E
D
F MINUTES
InfonnallFonnal Sessions 1/22/08 APPROVED 10-0 Y Y A Y Y Y Y Y Y Y Y
G/H/I-I Ordinances to AUTHORIZE temporary
encroachmenl;:
a. MICHAEL H. and DARLENE KAY ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y
KW AITKOWSKI at Sand Broad Inlet and CONSENT
Pike Inlet adjacent to 348 TumLane.
(DISTRICT 7 - PRINCESS ANNE)
b. TOWN CENTER ASSOCIATES 6, ADOPTED, BY 10-0 Y Y A Y Y Y Y Y Y Y Y
L.C.c. and STUDIO 56 CONSENT
CONDOMINIUM at Town Center
Owners to maintain:
(i) Market Street
(ii) Public Plaza
(iii) Bank Street
(iv) balconies at Market Street
(DISTRICT 5- L YNNHA VEN)
J-I BONA VENTURE INVESTMENTS, DEFERERD TO 10-0 Y Y A Y Y Y Y Y Y Y Y
LLC Modification Conditional Change of 2/12/08, BY
Zoning (apprcwed on December 12,2006 CONSENT
for Ocean Properties, LLC) at Centerville
Tumoike and Lvnnhaven Parkwav
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
0 I
DATE: February 5,2008 M B L
D C E L
E D H C R A W
PAGE: 2 S I E J L N U N I
T E D N 0 A D H U L W
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
K APPOINTMENTS:
COMMUNITY SERVICES BOARD RESCHEDULED B Y C 0 N S E N S U S
(CSB)
HUMAN RIGHTS COMMISSION
PERSONNEL BOARD Reappointed 3 10-0 Y Y A Y Y Y Y Y Y Y Y
year term 3/1108-
2/28/11
RobertW. Hall
William H.
Plackett
RESORT ADVISORY COMMISSION Extended I year 10-0 Y Y A Y Y Y Y Y Y Y Y
term 1/1/08-
12/31/08
Michael J.
Standing, Jr.
Appointed
unexpired term
plus a 3 year term
1/1I08-12/31111
Stacie Perros
I
L/MIN ADJOURNMENT 6:11 PM
PUBLIC COMMENTS- Non Agenda 12 speakers
Items
CITY COUNCIL'S SCHEDULE
February 19,2008
City-wide Town Meeting
Virginia Beach Convention Center 7 - 9 PM
Stormwater Plans and Funding
PROPOSED RESOURCE MANAGEMENT PLAN WORKSHOPS
April 8 (Workshop)
April 15 (WorkslDp)
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.