MAY 27, 2008 AGENDACITY COUNCIL
MAYOR MEYERA E. OBF.RNDORF, At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
WILLIAM R. De STEPH, At -Large
HARRY E. DIEZEL, KempsvNle - District 2
ROBERT M. DYER„ Centerville - District I
BARBARA M. HENLEY, Princess Anne - District 7
REBA S. McCLANAN, Rose Nall - District 3
JOHN E. UHRIN, Beach - District 6
RON A. VILLANUEVA, At -Large
ROSEMARY WILSON, AI -Large
.JAMES L. WOOD, Lynnhaven -District 5
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES SMITH, MMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
27 MAY 2008
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E- MAIL: Ctycncl@vbgov.com
I. CITY COUNCIL'S BRIEFING - Conference Room - 1:00 PM
ADOPTION -FRIENDLY ANIMAL SHELTER
Sharon Q. Adams, Executive Director — Virginia Beach SPCA
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA
IV. INFORMAL SESSION - Conference Room - 2:30 PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Karl Sexton
Senior Pastor
Gateway Freewill Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS May 13, 2008
G. PRESENTATION
CERTIFIED CRIME PREVENTION COMMUNITY RECERTIFICATION
Li;onard Cooke, Director — Department of Criminal Justice Services
A. M. Jacocks, Police Chief
H. AGENDA FOR FORMAL SESSION
I. CONSE14T AGENDA
J. ORDINALNCESI RESOLUTION
1. Ordinances to AMEND the City Code:
a. Section 23-14 re disorderly conduct in public places
b. Section 21-240 re reimbursement of expenses incurred from emergency responses
c. Section 6-12 re riding horses on the beach
(Requested by Councilman DeSteph)
2. Ordinance to AMEND the FY 2007-08 and 2008-09 Operating Budgets of the Department of
Housing and Neighborhood Preservation re transfers, appropriations and related changes to
the City's HUD Housing Choice Voucher ("HCV") Agency Plan, Administrative Plan and
Consolidated Plan.
Ordinance to ACCEPT a donation of a generator from the Creeds Ruritan Club to the
Virginia Beach Police Department Crime Prevention Unit re improving the quality of the
"Every 15 Minutes" program.
4. Ordinance to ACCEPT and APPROPRIATE $18,300 from the Department of
Public Health to the Police Department's FY 2008-09 Operating Budget re the
purchase of a laptop computer and satellite phones.
Ordinance to APPROPRIATE $1,085,000 in the fund balance designated for Mental
Health to the FY 2007-08 Department of Human Services Operating Budget to
purchase housing services from the Virginia Beach Community Development
Corporation (VBCDC).
6. Ordinance to TRANSFER $170,000 from full-time salaries to part-time salaries
within the Virginia Aquarium Special Revenue fund re increased costs.
7. Resolution in SUPPORT of the Philippine Nurses Association of Virginia's petition
to remove the Commission on Graduates of Foreign Nursing Schools' qualifying
examination requirement in Virginia for those who successfully complete the
NCLEX-RN as well as the Credentials Review and English Language proficiency
examination.
(Requested by Councilman Villanueva)
K. PLANNING
Application of R. TIMOTHY, JR. and KIMBERLY W. TEPPER for the closure of a
portion of an unimproved alley at 800 Surfside Avenue, Croatan Beach, re incorporating the
right-of-way into their adjoining single-family residential lot.
DISTRICT 6 — BEACH
RECOMMENDATION
APPROVAL
2. Variance to certain elements of the Subdivision Ordinance requiring all newly created
lots meet the requirements of the City Zoning Ordinance (CZO), Subdivision for Mill
Dam Landing Associates, L.L.C. at 4949 Lookout Road (Lake Bradford and Chubb
Lake) re subdividing three (3) existing lots into four (4) lots to develop a single-family
dwelling on each of the newly created lots.
DISTRICT 4 — BAYSIDE
DEFERRED APRIL 22, 2008
RECOMMENDATION WITHDRAWAL
3. Application of JONATHANS COVE HOMEOWNERS ASSOCIATION for a
Conditional Use Permit re a community pier at 405 Behl Court.
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION
APPROVAL
4. Application of T -MOBILE NORTHEAST, L.L.C. for a Conditional Use Permit re a
communication tower at 4863 Baxter Road.
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION
APPROVAL
5. Application of NTELOS for a Conditional Use Permit re a communication tower at 5505
Parliament Drive.
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION
APPROVAL
6. Application of NEW CINGULAR WIRELESS PCS, L.L.C. (t/a AT&T) for a Conditional
Use Permit re a communication tower at 6348 Colby Way.
DISTRICT 1 —CENTERVILLE
RECOMMENDATION
APPROVAL
7. Applications of SEVEN CITIES DEVELOPMENT COMPANY, L.L.C. for an indoor
commercial recreation facility and recreational facilities of an outdoor nature at North
Landstown and Dam Neck Roads: DISTRICT 7 — PRINCESS ANNE
a. Change of Zoning District Classification from AG -1 Agricultural District to Conditional
B••2 Community Business District
b. Conditional Use Permit
RECOMMENDATION
APPROVAL
8. Application of SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.C. for a Change of
Zoning District Classification from R-15 Residential District to Conditional R-10
Residential District at 4017, 4025, 4037, 4061 and 4105 Indian River Road re developing 42
single-family residential lots.
DISTRICT 1 — CENTERVILLE
RECOMMENDATION
. IJ : OM.111
9. Application of ESI PROPERTIES, II, L.L.C. for a Modification of Conditions (approved
by City Council on September 14, 2004) for ESI Properties and Kamerek Properties at 4417
Expressway Drive and 361, 365 and 369 Edwin Drive to allow an addition to the existing
building.
DIST:EZICT 3 — ROSE HALL
RECOMMENDATION APPROVAL
10. Ordinance to AMEND City Zoning Ordinance (CZO), Section 1001, to ADD animal
hospitals, veterinary establishments, pounds, shelters and commercial kennels as
Conditional Uses in the I-1 and I-2 Industrial Districts.
RECOMMENDATION
L. APPOINTMENTS
APPROVAL
ARTS and HUMANITIES COMMISSION
BAYFRONT ADVISORY COMMITTEE
BEACHES AND WATERWAYS COMMISSION
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM
EASTERN VIRGINIA MEDICAL SCHOOL
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
OPEN SPACE ADVISORY COMMITTEE
SOCIAL SERVICES BOARD
TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS (TTDC)
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
CITY COUNCIL TWO-DAY RETREAT
AUGUST 22-23,2008
8:30 AM - 5:30 PM
ECONOMIC DEVELOPMENT
CONFERENCE ROOM
TOWN CENTER
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 05/27/2008gw
www.vbgov.com
CITY COUNCIL'S BRIEFING - Conference Room - 1:00 PM
ADOPTION -FRIENDLY ANIMAL SHELTER
Sharon Q. Adams, Executive Director — Virginia Beach SPCA
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA
IV. INFORMAL SESSION - Conference Room - 2:30 PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Karl Sexton
Senior Pastor
Gateway Freewill Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS May 13, 2008
G. AGENDA FOR FORMAL SESSION
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CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia Law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Closed Session were heard, discussed or
considered by Virginia Beach City Council.
H. PRESENTATION
CERTIFIED CRIME PREVENTION COMMUNITY RECERTIFICATION
Leonard Cooke, Director — Department of Criminal Justice Services
A. M. Jacocks, Police Chief
I. CONSENT AGENDA
ORDINANCES/ RESOLUTION
1. Ordinances to AMEND the City Code:
a. Section 23-14 re disorderly conduct in public places
b. Section 21-240 re reimbursement of expenses incurred from emergency responses
c. Section 6-12 re riding horses on the beach
(Requested by Councilman DeSteph)
2. Ordinance to AMEND the FY 2007-08 and 2008-09 Operating Budgets of the Department of
Housing and Neighborhood Preservation re transfers, appropriations and related changes to
the City's HUD Housing Choice Voucher ("HCV") Agency Plan, Administrative Plan and
Consolidated Plan.
3. Ordinance to ACCEPT a donation of a generator from the Creeds Ruritan Club to the
Virginia Beach Police Department Crime Prevention Unit re improving the quality of the
"Every 15 Minutes" program.
4. Ordinance to ACCEPT and APPROPRIATE $18,300 from the Department of
Public Health to the Police Department's FY 2008-09 Operating Budget re the
purchase of a laptop computer and satellite phones.
Ordinance to APPROPRIATE $1,085,000 in the fund balance designated for Mental
Health to the FY 2007-08 Department of Human Services Operating Budget to
purchase housing services from the Virginia Beach Community Development
Corporation (VBCDC).
6. Ordinance to TRANSFER $170,000 from full-time salaries to part-time salaries
within the Virginia Aquarium Special Revenue fund re increased costs.
7. Resolution in SUPPORT of the Philippine Nurses Association of Virginia's petition
to remove the Commission on Graduates of Foreign Nursing Schools' qualifying
examination requirement in Virginia for those who successfully complete the
NCLEX-RN as well as the Credentials Review and English Language proficiency
examination.
(Requested by Councilman Villanueva)
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Section 23-14 of the City Code Pertaining to
Disorderly Conduct in Public Places
MEETING DATE: May 27, 2008
■ Background: The Code of Virginia § 18.2-415 allows localities to adopt an
ordinance prohibiting and punishing disorderly conduct in public places. The City of
Virginia Beach has adopted such an ordinance at Code of the City of Virginia Beach §
23-14. The statute, the ordinance and case law only allows citing this offense when the
prohibited act does not constitute another criminal violation. This charging limitation is
currently located inconspicuously near the end of the City Code section and thus is
easily overlooked.
■ Considerations: Amending this code section by placing the charging limitations
in the first paragraph instead of the last paragraph will make these limitations more
conspicuous to officers.
■ Public Information: This item will be advertised in the same manner as other
agenda items.
■ Attachments: Ordinance
Recommended Action: Approval C
Submitting Department/Agency: Virginia Beach Police DepartmenC 'J\
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City Manag • 1��Z
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AN ORDINANCE TO AMEND SECTION 23-14
OF THE CITY CODE PERTAINING TO
DISORDERLY CONDUCT IN PUBLIC
PLACES
SECTION AMENDED: § 23-14
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 23-14 of the Code of the City of Virginia Beach, Virginia, is hereby
amended and reordained to read as follows:
Sec. 23-14. Disorderly conduct in public places.
A. No person shall be charged under this section if the offensive or disruptive
conduct constitutes a violation under any other provision of this section or Title 18.2 of
the Code of Virginia.
B. A person is guilty of disorderly conduct and a Class 1 misdemeanor if, with
the intent to cause public inconvenience, annoyance or alarm, or recklessly creating a
risk thereof, he:
(1) In any street, highway, or public building, or while in or on a public
conveyance or in a public place, engages in conduct having a direct tendency to cause
acts of violence by the person or persons at whom, individually, such conduct is
directed; or
(2) Willfully, or being intoxicated, whether willfully or not, and whether such
intoxication results from self-administered alcohol or other drug of whatever nature,
disrupts any meeting of the city council or any department, division or agency thereof, or
of any school, literary society or place of religious worship, if such disruption:
(i) Prevents or interferes with the orderly conduct of the meeting; or
(ii) Has a direct tendency to cause acts of violence by the person or persons
at whom, individually, the disruption is directed; or
(3) Willfully or while intoxicated, whether willfully or not, and whether such
intoxication results from self-administered alcohol or other drug of whatever nature,
disrupts the operation of any school or any activity conducted or sponsored by any
school, if the disruption;
(i) Prevents or interferes with the orderly conduct of the operation or activity;
or
(ii) Has a direct tendency to cause acts of violence by the person or persons
at whom, individually, the disruption is directed.
47 However, the conduct prohibited under subsection (1), (2) or (3) shall not be
48 deemed to include the utterance or display of any words
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51 C. The person in charge of any such building, place, conveyance, meeting,
52 operation or ac'Jvity may eject therefrom any person who violates any provision of this
53 section, with the aid, if necessary, of any persons who may be called upon for such
54 purpose.
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56 COMMENT
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58 Amending this code section by stating the charging limitations in the first paragraph
59 instead of the lash paragraph will make these limitations more obvious for the officers using this
60 code on a daily baisis. This amendment also corrects a typographical spelling error that occurs four
61 times throughout the ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2008.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Police Departmeint City ey's O e
CA10603
R-3
May 9, 2008
1�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Section 21-240 of the City Code Pertaining to
Reimbursement of Expenses Incurred from Emergency Responses
MEETING DATE:
■ Background: The City Code currently authorizes reimbursement for expenses
incurred from emergency response where the accident involves violations of D.U.I laws,
reckless driving, driving on a suspended license or improperly leaving the scene of an
accident. The state code also authorizes reimbursement for expenses incurred
responding to accidents where a person is found guilty of driving or boating after
illegally consuming alcohol (under age drinking has occurred, but the blood alcohol level
is less than .08). These under age drinking violations are not currently included in City
Code section 21-240 for reimbursement.
■ Considerations: Adding the driving and boating after illegally consuming
alcohol violations to City Code section 21-240 will enable the City to seek
reimbursement for expenses associated with accidents where the vehicle or boat
operator was convicted of operating a vehicle or boat after illegally consuming alcohol.
During the preparation of this ordinance a typographical error was noted and is also
corrected by the adoption of this ordinance.
■ Public Information: This item will be advertised in the same manner as other
agenda items.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Virginia Beach Police Department
City Manager. �—i�3
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AN ORDINANCE TO AMEND SECTION 21-
240 OF THE CITY CODE PERTAINING TO
REIMBURSEMENT OF EXPENSES
INCURRED FROM EMERGENCY
RESPONSES
SECTION AMENDED: § 21-240
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-240 of the Code of the City of Virginia Beach, Virginia, is hereby
amended and reordained to read as follows:
Sec. 21-240. Reimbursement for expenses incurred from emergency responses.
(a) Any person convicted of violating any of the following provisions of the
Code of Virginia, or any similar ordinance in the City Code, shall be liable in a separate
civil action for reasonable expenses incurred by the City of Virginia Beach or by any
volunteer rescue squad, or both, when providing a appropriate emergency response to
any accident or incident related to such violation.
(1) The provisions of Code of Virginia §§ 18.2-51.4, 18.2-266., of 18.2-266.1,
29.1-738 or 29.1-738.02, when such operation of motor vehicle, engine, train or
watercraft while so impaired is the proximate cause of the accident or incident;
(2) The provisions of Article 7 (§ 46.2-852 et seq.) of Chapter 8 of Title 46.2
relating to reckless driving, when such reckless driving is the proximate cause of the
accident or incident;
(3) The provisions of Article 1 (§ 46.2-300 et seq.) of Chapter 3 of Title 46.2
relating to driving without a license or driving with a suspended or revoked license; and
(4) The provisions of Code of Virginia § 46.2-894 relating to improperly
leaving the scene of an accident.
(b) Personal liability under this Section for reasonable expenses of an
appropriate emergency response shall not exceed one thousand dollars ($1,000.00) in
the aggregate for a particular accident or incident. In determining the reasonable
expenses a flat fee of two hundred and fifty dollars ($250.00) may be billed, or a
minute -by -minute accounting of the actual cost incurred may be billed.
(c) As used in this Section, "appropriate emergency response" includes all
cost of providing law-enforcement, fire -fighting, rescue and emergency medical
services.
(d) The provisions of this Section shall not preempt or limit any remedy
available to the Commonwealth, the City of Virginia Beach, or to any volunteer rescue
squad to recover the reasonable expenses of an emergency response to an accident or
47 incident not involving impaired driving operation of a vehicle or other conduct as set
48 forth herein.
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51 COMMENT
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53 Adding the driving and boating after illegally consuming alcohol violations to City Code §
54 21-240 will enable the City to seek reimbursement for expenses associated with accidents where the
55 vehicle or boat operator was convicted of operating a vehicle or boat after illegally consuming
56 alcohol.
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58 Note: During the preparation of this ordinance a typographical error was noted and is also
59 corrected by the ,adoption of this ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2008.
APPROVED AS) TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
CAI 0693
R-4
May 13, 2008
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Section 6-12 of the City Code Pertaining to Riding Horses
on the Beach
MEETING DATE: May 27, 2008
■ Background: On February 28, 2006, City Council approved a pilot program to
allow the Convention and Visitors Bureau the opportunity to evaluate horse rides on
the beach from November 1 to April 15. City Council amended City Code § 6-12,
which prohibited riding horses on the beach, to allow the pilot program to operate
during those months. On December 12, 2006, after conclusion of the initial pilot
program, City Council adopted an ordinance that authorized award of a one-year
franchise, with up to four renewals, to Old Virginia Carriage Co., LLC for horse rides
on the beach from November 1 to April 15. The franchisee has now requested that
the franchise be expanded, on a pilot -program basis, to allow horse rides
throughout the year.
■ Considerations: A description of the pilot program that was drafted by the
franchisee is attached. The City's Resort Advisory Commission has endorsed the
proposal on a trial basis. In order to implement the pilot program, Council must
amend City Code § 6-12 to remove the prohibition on riding horses on the beach
during the resort season. The riding of horses would still only be allowed pursuant
to a City franchise. If Council adopts this ordinance, staff will amend the franchise
agreement to allow the pilot program to operate throughout the year on a trial basis
until November 1, 2008. If the franchisee wished to continue to offer horseback
riding year-round, then City staff would issue a new Request for Proposals, and
Council would be asked to adopt an ordinance that authorizes a new franchise that
would extend beyond the trial period.
■ Attachments: Ordinance; Pilot Program Proposal; Letter from the Resort Advisory
Commission
Requested by Councilmember DeSteph
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AN ORDINANCE TO AMEND SECTION 6-12
OF THE CITY CODE PERTAINING TO
RIDING HORSES ON THE BEACH
SECTION AMENDED: 6-12
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sec -tion 6-12 of the Code of the City of Virginia Beach, Virginia, is hereby
amended to read as follows:
Sec. 6-12. Riding horses or driving vehicles on beach or dunes.
(a) It shall be unlawful for any person to ride a horse or any other animal or to
operate or drive a vehicle of any kind on the public beaches or upon the sand dunes
within the city, except that area between the ocean and sand dunes south of the exit
ramp at the southern end of Little Island Recreation Park (now being used as a public
way to commute back and forth to a place of residence).
(b) The provisions of this section shall not apply to the police mounted patrol,
city vehicles oporated while cleaning or working on the beach, police and emergency
vehicles, erosion commission vehicles, vehicles of net fishermen operating under proper
permits, of vehicles operated by physically handicapped persons by permission of the
city manager or his designee,_.or vehicles operated by wildlife rescue workers pursuant
to written authorization by the Police Department's Second Precinct Commander.
(c) The provisions of this section shall not apply in the resort area betweeR
to conduct that is explicitly authorized by a special events
permit issued pursuant to City Code section 4-1 or by franchise awarded by the city
council.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2008.
APPROVED AS TO LEGAL SUFFICIENCY:
1 �
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CA10627
R-1
February 11, 2008
OPERATIONAL PLANS FOR NEW PILOT PROGRAM FOR
HORSEBACK RIDING ON THE BEACH
A. Operator of horse riding tour will comply with all regulations now in effect in accordance
with the franchise for guided horse riding tours on the beach in the resort area.
1. Operator shall comply with all federal, state, and local statutes, ordinances, and
regulations in effect or hereafter adopted.
2. Guided tours shall be operated at a walking pace and horses will stay together in a
cohesive group.
3. Operator shall make sure appropriate husbandry practices including feeding,
watering, and providing the proper level of rest in connection to the type and
duration of guided tour activities.
4. No more than nine horses are allowed per tour group including one guide horse
per group. Only two groups will be allowed to operate at one time.
5. All horses used for tour will be approved by committee already in place for
horseback riding franchise.
6. All riders will be required to wear helmets.
7. All horses will be required to wear bun bags for collection of manure at all times
while on the beach.
8. All manure will be placed in airtight bags after each ride and removed from the
beach daily.
B. Days and hours requested for said pilot program as follows:
1. Summer hours: Memorial Day -Labor Day Thurs.-Sun. 7PM-9PM.
2. Fall hours: Sept. 15th — Dec. 15th Saturday and Sunday 12PM-dusk.
3. Winter hours: Dec. 16th -April 15th Saturday only 12PM-dusk.
4. Spring hours: April 16th -Memorial Day Friday -Sunday 5PM-dusk.
C. Extra Safety precautions for Summer evening hours:
1. Trained side -walkers will accompany horses as well as the guide on horseback.
In effect it will be an "adult pony ride."
2. There will be only two rides scheduled per evening.
3. If the beach, for some reason, is not clear of activity, we will not operate.
VIRGINIA
BEA(�H
May 7, 2008
The Honorable Meyera E. Oberndorf
and Members of City Council
Municipal Center — Building 1
2401 Courthouse Drive
Virginia Beach, Virginia 23456
Dear Mayor Oberndorf and Council Members:
Resort Advisory Commission
2101 Parks Avenue, Suite 502
Virginia Beach, Virginia 23451
(757) 385-4800
FAX (757) 422-3666
During the Resort Advisory Commission meeting on May 1, 2008, the Old
Virginia Carriage Company presented a proposal to extend horse back riding on the
beach twelve months a year. The exact days and time of their proposal are listed on the
attached operational plan.
After a brief discussion, the Resort Advisory Commission voted to endorse a
franchise for a pilot program until November 1, 2008. At the end of the pilot program,
the commission would evaluate the operations during the summer and fall period and
make a recommendation to City Council on the future of horse riding on the beach all
year.
Please let me know if you have any additional questions on the commission
recommendations.
Cordially,
Kenneth C. Taylor
Chairman
Resort Advisory Commission
cc: James K. Spore, Virginia Beach City Manager
David Hansen, Virginia Beach Chief of Finance and Technology
Steve Herbert, Chief Development Officer
James B. Ricketts, Convention and Visitors Bureau Director
Mike Eason, Resort Administrator
RAC Commissioners
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend the FY 2007-08 and FY 2008-09 Operating Budgets of the
Department of Housing and Neighborhood Preservation
MEETING DATE: May 27, 2008
■ Background: The Department of Housing and Neighborhood Preservation ("DHNP")
operates the Housing Choice Voucher ("HCV") program, previously known as the Section 8
program, which provides monthly rental assistance payments to eligible households based on
their income. The City annually receives allocations of funding from HUD which is utilized to
make these payments. The annual amount varies dependent on the Federal budget, program
regulations and other factors.
It has been the department's goal to serve the greatest number of households possible
consistent with available funding and regulation. In 2006 and 2007, based on various factors,
the department was serving fewer households than possible and had therefore accumulated
reserve funding that could be used to assist additional households. Based on that situation, the
department initiated actions to increase the numbers of households served, with the goal being
to be as close as possible to 100% in calendar year 2008 without exceeding the funding amount
and the allowable number that could be served.
The cumulative result of these actions to increase utilization, in addition to changes in the
market, now cause the department to project a potential over -expenditure of available funds at
the end of December, 2008, which is the funding year for this program. In order to address this
projected over -expenditure, the department has worked with HUD and the Department of
Management Services to identify additional available funding and all program actions that can
be taken to avoid creating a hardship for current program participants, and yet balance the
program utilization and resources by calendar -year end.
The attached ordinance asks Council to authorize various transfers and appropriations and
related changes to Virginia Beach's HUD HCV Agency Plan, Administrative Plan and
Consolidated Plan for FY 2007-08 and FY 2008-09 that will: a) take advantage of all existing
HUD HCV funding as well as other types of HUD funding; b) create a new program to
temporarily assist approximately 325 program participant households with other funding until the
HCV funding issue is resolved, and c) implement program changes to reduce per/household
costs over time. If these actions are authorized, staff projects that available HCV funding in
calendar year 2008 will not be exceeded and significant hardship will not be created for existing
program participants.
■ Considerations: Without these actions, it may be necessary to terminate financial
assistance to some current program participants. These actions will take significant
administrative and accounting effort to implement, but will avoid the major hardship to
participants that terminations would cause.
Also, on April 8, 2008, Council adopted an ordinance to accept and appropriate $309,671 in
HUD Federal Section 8/HCV revenue, and appropriate $1,953,329 of HUD Federal Section
8/HCV revenue from the Fund Balance of the Federal Section 8 Special Revenue Fund to the
DHNP's FY 2007-08 Operating Budget to fund rental subsidies for eligible residents. Those
changes to the DHNP's FY2007-08 Operating Budget require some of the changes requested in
this Agenda Request to the DHNP's FY 2008-09 Operating Budget.
A summary of a I the proposed changes that (1) are requested as part of this ordinance and (2)
are required due to adoption of the April 8, 2008 ordinance are shown in Attachment 1.
■ Public Information: In addition to providing public information through the normal
Council agenda process, staff is preparing to address public concerns that arise. Concerns
about these actions may be received from program participants as well as participating
landlords once they are notified.
■ Alternatives: The actions proposed in the ordinance, when taken together, are
recommended as those that will cause the least hardship to participants while addressing the
funding limitation issue. These actions are based on consultations with staff and HUD
personnel. The only alternative that would achieve the same outcome would be terminating
assistance to a similar number of households.
■ Recommendations: Approval of the attached ordinance
■ Attachments: Ordinance, Attachment 1 (Summary of Funding Changes), Attachment 2
(Explanation of Ordinance Items)
Recommended Action: Approval
Submitting Department/Agency: Depa Housing and Neighborhood Preservation
City Manager. Imo,
��.
1 AN ORDINANCE TO AMEND THE FY 2007-08
2 AND FY 2008-09 OPERATING BUDGETS OF
3 THE DEPARTMENT OF HOUSING AND
4 NEIGHBORHOOD PRESERVATION
5
6 WHEREAS, the Department of Housing and Neighborhood Preservation (DHNP)
7 has received federal funds pursuant to the Housing Choice Voucher ("HCV") program for
8 calendar year 2008;
9
10 WHEREAS, the federal HCV funds were granted based on the current calendar
11 year, but the City's budget for DHNP is based on fiscal years;
12
13 WHEREAS, DHNP recently learned that it will receive more federal funds and
14 program income from loan repayments that can be used for the HCV program than DHNP
15 had originally anticipated when it prepared its departmental budgets for FY 2007-08
16 ($128,749) and FY 2008-09 ($1,057,168);
17
18 WHEREAS, in response, DHNP has proposed modifications to its operating budgets
19 for FY 2007-08 and FY 2008-09, which also will necessitate changes to its HCV Agency
20 Plan, HCV Administrative Plan, and Consolidated Plan.
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 (1) That the City Manager is authorized to adopt a revised HCV Agency Plan,
26 revised HCV Administrative Plan, and revised Consolidated Plan to carry out the actions
27 below.
28
29 Fiscal Year 2007-08
30
31 (2) That $128,749 is hereby accepted from HUD Federal Section 8/HCV Program in
32 administrative funding, and is hereby appropriated to DHNP's FY 2007-08 Operating
33 Budget to fund rental subsidies for eligible residents, with estimated revenue increased
34 accordingly.
35
36 (3) That a new program is established under the HOME grant entitled, "Tenant
37 Based Rental Assistance Program" in the DHNP's FY 2007-08 Operating Budget.
38
39 (4) That $350,000 of HUD HOME grant funding for the home repair program is
40 hereby transferred to the Tenant Based Rental Assistance Program in the DHNP's FY
41 2007-08 Operating Budget.
42
43 Fiscal Year 2008-09
44
45 (5) That $883,176 is hereby accepted from the HUD Federal Section 8/HCV
46 Program, and is hereby appropriated to the DHNP's FY 2008-09 Operating Budget to fund
47 rental subsidies for eligible residents, with estimated federal revenue increased
48 accordingly.
49
50 (6) That $66,434 is hereby accepted from the HUD Federal Section 8/HCV Program
51 in administrative funding, and is hereby appropriated to the DHNP's FY 2008-09 Operating
52 Budget to fund rental subsidies for eligible residents, with estimated federal revenue
53 increased accordingly.
54
55 (7) That $43,235 of HUD Federal Section 8/HCV administrative revenue from the
56 fund balance of the Federal Section 8 Special Revenue fund is hereby appropriated to the
57 DHNP's FY 2008-09 Operating Budget to support rental subsidies for eligible residents,
58 with estimated revenue increased accordingly.
59
60 (8) That .$688,741 of HUD Federal Section 8/HCV funding from the fund balance of
61 the Federal Section 8 Special Revenue fund is hereby reduced in the DHNP's FY 2008-09
62 Operating Budget, with estimated revenue reduced accordingly.
63
64 (9) That $225,000 of HUD HOME grant funding for the home repair program is
65 hereby transferred to the Tenant Based Rental Assistance Program in the DHNP's FY
66 2008-09 Operating Budget.
67
68 (10) That $107,558 of HUD HOME grant program income from loan repayments is
69 hereby appropriated to the Tenant Based Rental Assistance Program in the DHNP's FY
70 2008-09 Operating Budget, with estimated revenue increased accordingly.
71
72 Adopted by the City Council of the City of Virginia Beach, Virginia on this day
73 of , 2008.
74
75 Adoption requires an affirmative vote by a majority of all members of the City
76 Council.
APPROVED A%S TO CONTENT:
Management Services
CA10707
R-4
May 20, 2008
APPROVED AS TO LEGAL
SUFFICIENCY:
— ;��67v�
City Attorney's Office`
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept a Donation of a Generator from the Creeds
Ruritan Club to the Virginia Beach Police Department Crime Prevention
Unit
MEETING DATE: May 27, 2008
■ Background: Every year the Virginia Beach Police Department presents the
"Every 15 Minutes" program at a local high school. This program teaches students the
devastating consequences of drinking and driving. The execution of the program
requires the use of a generator. The generator is very loud and can be distracting. The
Creeds Ruritan Club has purchased a 2000 watt Honda generator with an inverter that
greatly reduces the operational noise. The Creeds Ruritan Club wishes to donate this
generator to the Virginia Beach Police Department. The generator would be used
primarily by the Crime Prevention Unit during the presentations of the "Every 15
Minutes" program.
■ Considerations: The donated generator will improve the quality of the "Every
15 Minutes" program by reducing the noise caused when the current generator is in
use.
■ Public Information: This item will be advertised in the same manner as other
agenda items.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Virginia Beach Police Department [�
City Manager. S k ,�
1
2
3
4
5
6
7
8
10
11
12
13
14
15
16
AN ORDINANCE TO ACCEPT A DONATION OF A
GENERATOR WITH A SOUND SUPRESSION INVERTER
FROM THE CREEDS RURITAN CLUB
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That a donation of a 2,000 watt, Honda generator with a sound suppression
inverter valued at approximately $916.00 (model number: EU20001AN; serial number:
EAAJ1675018) from the Creeds Ruritan Club is hereby accepted. This generator will
be used primarily by the Virginia Beach Police Department's Crime Prevention Unit
during the "Every 15 Minutes" program presentations to local high schools. The City of
Virginia Beach shall not be responsible for the replacement of this equipment.
Adopted by the council of the City of Virginia Beach, Virginia, on the day
of _, 2008.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Police Department r •M- •-
CA10698
R-3
May 13, 2008
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $18,300 from the Virginia Beach
Department of Public Health to the Police Department's FY 2008 - 09 Operating
Budget for the Purchase of a Laptop Computer and Satellite Phones
MEETING DATE: May 27, 2008
■ Background: The Virginia Beach Department of Public Health (VBDPH) has
been awarded a Cities Readiness Initiative Grant from the Commonwealth of
Virginia, Department of Health. The VBDPH has, in turn, allotted a portion of this
funding to the Police Department to purchase a laptop and eight satellite phones.
These purchases must be made by August 9, 2008. The grant provides $18,300
in funding to the Police Department which will be reimbursed by the VBDPH.
There is no match for this funding.
■ Considerations: The Special Operations Unit will utilize these funds to increase
the unit's ability to respond to threats and emergencies. This will be
accomplished by purchasing a laptop computer and eight satellite phones. The
laptop computer will be used to provide connectivity to the Closed Caption TV
systems for the Virginia Beach Public Schools and Recreation Centers remotely.
The satellite phones will enhance communication in the city by providing a back-
up system in case of a widespread emergency situation.
■ Public Information: Public information will be provided through the normal
Council Agenda process.
■ Alternatives: This grant provides additional funding to the City to purchase
equipment that has been previously requested in the normal budget process, but
not funded.
■ Recommendations: It is recommended that Council accept and appropriate the
grant award of $18,300 for the purchase of a laptop computer, and satellite
phones.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Police Department (N���
City Manager.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AN ORDINANCE TO ACCEPT AND APPROPRIATE $18,300
FROM THE VIRGINIA DEPARTMENT OF PUBLIC HEALTH
TO THE POLICE DEPARTMENT'S FY 2007-08 OPERATING
BUDGET FOR THE PURCHASE OF A LAPTOP COMPUTER
AND SATELLITE PHONES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $18,300 is hereby accepted from the Virginia Health Department and
appropriated to the Police Department's FY 2007-08 Operating Budget for the purchase of
a laptop computer and satellite phones with state revenue increased accordingly.
Adopted the by the Council of the City of Virginia Beach, Virginia, day of
.2008.
APPROVED AS TO CONTENT:
Management Services
CA10706
R-1
May 14, 2008
APPROVED AS TO LEGAL
SUFFICIENCY:
City orney's Office
o �
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate $1,085,000 in Fund Balance to the FY 2007-08
Department of Human Services Operating Budget to Purchase Housing Services
MEETING DATE: May 27, 2008
■ Background: Human Services requests to appropriate a portion of their fund
balance that remains from when the department was classified as a special revenue
fund (it is now in the General Fund). Since the elimination of the Mental Health Special
Revenue Fund in FY 2004-05, these funds have been held in the fund balance from the
General Fund reserved specifically for Mental Health. These revenues will fund the
following program:
➢ $1,085,000 is requested to be appropriated from the fund balance from the
General Fund designated for Mental Health to purchase housing services from
the Virginia Beach Community Development Corporation (VBCDC). These
monies will fund the rental of 10 apartments, which can house 18 persons with
disabilities. The VBCDC housing development will address housing needs of
severely disabled consumers served by the department. There are currently 184
disabled persons on the waiting list for housing services. Various City staff that
review real estate matters have deemed that this purchase of housing services
represents a good value. Because this payment will purchase these housing
services for a 30 -year period, this purchase represents a one-time use of fund
balance. The department can absorb the $11,880 in annual operating costs
associated with this purchase of housing services.
■ Considerations: The $1,085,000 in fund balance from the General Fund will be
applied for the one-time purchase of housing -services through the VBCDC, and the
department can absorb the minor operating budget impacts.
■ Public Information: The use of funds was endorsed by the Community Services
Board at the March 27, 2008 meeting, and public disclosure will be coordinated through
the normal council agenda process.
■ Alternatives: Without this funding, persons with disabilities on waiting lists will
not receive adequate care or diversion services, which can potentially increase the risk
to community safety.
■ Recommendations: Appropriate $1,085,000 in Fund Balance from the General
Fund to the FY 2007-08 Department of Human Services Operating Budget, and
authorize the City Manager to sign a contract to purchase housing services with the
VBCDC.
■ Attachments: Ordinance
Recommended Action: Approve Ordinance
Submitting Delaartment/Agency:Human
City Manager L '73sv l'
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
AN ORDINANCE TO APPROPRIATE $1,085,000 IN FUND
BALANCE TO THE FY 2007-08 DEPARTMENT OF HUMAN
SERVICES OPERATING BUDGET TO PURCHASE
HOUSING SERVICES
WHEREAS, when the Mental Health Special Revenue Fund was eliminated
in FY 2004-05, its remaining fund balance was transferred to the fund balance from the
General Fund and was reserved to support one-time needs of the Human Services
department.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the FY 2007-08 Department of Human Services Operating Budget is
amended for the purposes and amounts set forth below:
1. That $1,085,000 in fund balance from the General Fund designated for
Mental Health is hereby appropriated to provide housing services to disabled adults; and
2. That the City Manager is hereby authorized to sign a contract to purchase
housing services from the Virginia Beach Community Development Corporation in a form
approved by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 2008.
Requires an affirmative vote by a majority of the members of City Council.
Approved As to Content:
D" 0,4- "1$ "'17
Management Services
CA10690
R-1
April 21, 2008
Approved As To Legal
Sufficiency:
CityAttorney's Office
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer $170,000 from Full -Time Salaries to Part -Time Salaries
within the Virginia Aquarium Special Revenue Fund to Cover Increased Costs
MEETING DATE: May 27, 2008
■ Background: The Virginia Aquarium & Marine Science Center utilizes part-time
staffing to perform a variety of duties on a regular basis. These part-time staff
members are an integral part of Aquarium staffing, and work in the custodial,
ticket sales, IMAX®, stores, education and exhibits areas of the Aquarium. This
transfer request is the result of several factors, all of which together generated a
$170,000 short -fall in part-time funding. Actual part-time hourly wages are
greater than those budgeted in FY 2007-08 due to the Federal Minimum Wage
increase on July 27, 2007, and a market driven increase in the more specialized
part-time positions, necessary for the Aquarium to remain competitive in the
current labor market and attract qualified individuals. Additionally, part-time staff
members have been utilized to fill critical full-time vacancies while qualified
candidates were recruited. This transfer occurs within the Aquarium's salary
accounts and represents no addition to the budget.
■ Considerations: The Virginia Aquarium & Marine Science Center requests a
transfer of $170,000 in salary money to provide the necessary funds for part-time
labor for the remainder of FY 2007-08. Since this is the start of the summer
season, and part-time workers are essential to the operations of the Aquarium, it
is necessary that this transfer of funding occurs. As part of this transfer, part-time
FTE's (full-time equivalent) will increase by 3.0 for FY 2007-08 only.
■ Public Information: The public will be informed through the normal agenda
process.
■ Alternatives: If the Aquarium is forced to halt all part-time labor, operation at the
Aquarium will be severely curtailed.
■ Recommendations: Approve the request to transfer $170,000 within the
Virginia Aquarium Special Revenue Fund.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Department of Museums
City Manager:
1 AN ORDINANCE TO TRANSFER $170,000 FROM
2 FULL-TIME SALARIES TO PART-TIME SALARIES
3 WITHIN THE VIRGINIA AQUARIUM SPECIAL
4 REVENUE FUND TO COVER INCREASED COSTS
5
6
7 WHEREAS, the Virginia Aquarium and Marine Science Center uses part-time
8 labor for a variE'ty of functions; and
9
10 WHEREAS, the Aquarium Special Revenue Fund has the required funding to
11 transfer from full-time salary accounts to part-time salary accounts; and
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
16 That thE� FY 2007-08 Virginia Aquarium Special Revenue Fund is hereby
17 amended as set forth below:
18
19 1. $170,000 is hereby transferred within the FY 2007-08 Operating Budget of
20 the Virginia Aquarium Special Revenue Fund to cover increased personnel costs.
21
22 2. That part-time FTEs (full-time equivalents) are hereby increased by 3.0 for
23 FY 2007-08 only.
24
25 Adopted by the Council of the City of Virginia Beach, Virginia on the day
26 of , 2008.
Approved as to Content:
'Manageifienf Services
CA10705
R-2
May 15, 2008
Approved as to Legal
Sufficiency:
Ci Attorney's Office 481,
O �1
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution in Support of Removing the Commission on Graduates of Foreign Nursing
Schools Qualifying Examination Requirement in Virginia
MEETING DATE: May 27, 2008
■ Background: The United States is in the midst of a nursing shortage that is expected to
intensify as baby boomers age and the need for health care grows. According to the
Virginia Nurses Association, by 2015, the number of Registered Nurses ("RNs") leaving the
workforce in Virginia is expected to exceed the number of new RN graduates due to the
aging RN workforce, and by 2020, the association estimates that one in three Virginians will
not be able to obtain needed healthcare because of the nursing shortage. Virginia currently
ranks 40th in the nation in per capita supply of nurses, despite that fact that Virginia ranks
11th in per capita income, a statewide nursing shortage would jeopardize the availability of
quality medical care in the City of Virginia Beach.
Qualified, experienced, and well-trained nurses in other countries, such as the Philippines,
are eager to help alleviate the shortage, but they face substantial hurdles imposed by
Virginia's certification requirements. In Virginia, the Commission on Graduates of Foreign
Nursing Schools ("CGFNS") certification process is comprised of three parts: (1) a
credentials review; (2) an English Language Proficiency Examination; and (3) a Qualifying
Examination of Nursing Knowledge and the National Council of State Boards of Nursing's
National Council Licensing Examination—Registered Nurse ("NCLEX-RN") sufficiently tests
the knowledge, skills, and abilities essential to the safe and effective practice of nursing at
the entry level. The National Council of State Boards of Nursing has approved eighteen
sites in eleven countries, including the Philippines, as NCLEX-RN international testing sites
and twenty-two states have removed the Qualifying Examination of Nursing Knowledge as
a part of their nursing certification process for those applicants eligible to take the NCLEX-
RN in their countries of origin.
■ Considerations: The Philippine Nurses Association of Virginia is urging the state Board of
Nursing to remove the CGFNS Qualifying Examination of Nursing Knowledge for those
applicants eligible to take the NCLEX-RN in their home country and under this proposal,
applicants would continue to be required to successfully complete the Credentials Review,
the English Language Proficiency Examination, in addition to the NCLEX-RN. This change
would enhance the supply of qualified nurses in Virginia without adversely impacting the
quality of care provided by those nurses. The attached resolution supports the Philippine
Nurses Association's petition to remove the CGFNS Qualifying Examination of Nursing
Knowledge for those applicants who successfully complete the NCLEX-RN as well as the
Credentials Review and English Language Proficiency Examination.
■ Attachments: Resolution
Requested by Councilmember Villanueva
Requested by Councilmember Villanueva
1 A RESOLUTION IN SUPPORT OF REMOVING THE
2 COMMISSION ON GRADUATES OF FOREIGN
3 NURSING SCHOOLS QUALIFIYING EXAMINATION
4 REQUIREMENT IN VIRGINIA
5
6 WHEREAS, the United States is in the midst of a nursing shortage that is
7 expected to intensify as baby boomers age and the need for health care grows;
8
9 WHEREAS, according to the Virginia Nurses Association, by 2015, the number
10 of Registered Nurses ("RNs") leaving the workforce in Virginia is expected to exceed the
11 number of new RN graduates due to the aging RN workforce, and by 2020, the
12 association estimates that one in three Virginians will not be able to obtain needed
13 healthcare because of the nursing shortage;
14
15 WHEREAS, Virginia currently ranks 40th in the nation in per capita supply of
16 nurses, despite that fact that Virginia ranks 11th in per capita income;
17
18 WHEREAS, a statewide nursing shortage would jeopardize the availability of
19 quality medical care in the City of Virginia Beach;
20
21 WHEREAS, qualified, experienced, and well-trained nurses in other countries,
22 such as the Philippines, are eager to help alleviate the shortage, but they face
23 substantial hurdles imposed by Virginia's certification requirements;
24
25 WHEREAS, in Virginia, the Commission on Graduates of Foreign Nursing
26 Schools ("CGFNS") certification process is comprised of three parts: (1) a credentials
27 review; (2) an English Language Proficiency Examination; and (3) a Qualifying
28 Examination of Nursing Knowledge;
29
30 WHEREAS, the National Council of State Boards of Nursing's National Council
31 Licensing Examination—Registered Nurse ("NCLEX-RN") sufficiently tests the
32 knowledge, skills, and abilities essential to the safe and effective practice of nursing at
33 the entry level;
34
35 WHEREAS, the National Council of State Boards of Nursing has approved
36 eighteen sites in eleven countries, including the Philippines, as NCLEX-RN international
37 testing sites;
38
39 WHEREAS, twenty-two states have removed the Qualifying Examination of
40 Nursing Knowledge as a part of their nursing certification process for those applicants
41 eligible to take the NCLEX-RN in their countries of origin;
42
43 WHEREAS, the Philippine Nurses Association of Virginia is urging the state
44 Board of Nursing to remove the CGFNS Qualifying Examination of Nursing Knowledge
45 for those applicants eligible to take the NCLEX-RN in their home country;
46
47 WHEREAS, under this proposal, applicants would continue to be required to
48 successfully complete the Credentials Review, the English Language Proficiency
49 Examination, it addition to the NCLEX-RN; and
50
51 WHEREAS, this change would enhance the supply of qualified nurses in Virginia
52 without adversely impacting the quality of care provided by those nurses;
53
54 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
55 VIRGINIA BEACOH, VIRGINIA:
56
57 That the City Council supports the Philippine Nurses Association of Virginia's
58 petition to remove the Commission on Graduates of Foreign Nursing Schools'
59 Qualifying Examination in Virginia for those applicants who successfully complete the
60 NCLEX-RN, as well as the Credentials Review and English Language Proficiency
61 Examination.
62
63 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
64 BEACH, VIRGINIA:
65
66 That the City Clerk is hereby directed to transmit a copy of this resolution to the
67 state Board of Nursing.
68
69 Adopted by the City Council of the City of Virginia Beach, Virginia, this
70 day of , 2008.
APPROVED Ate) TO LEGAL
SUFFICIENCY:
City Attorney's Office
CA10621 R-1 February 2, 2008
K. PLANNING
1. Application of R. TIMOTHY, JR. and KIMBERLY W. TEPPER for the closure of a
portion of an unimproved alley at 800 Surfside Avenue, Croatan Beach, re incorporating the
right-of-way into their adjoining single-family residential lot.
DISTRICT 6 — BEACH
RECOMMENDATION
APPROVAL
2. Variance to certain elements of the Subdivision Ordinance requiring all newly created
lots meet the requirements of the City Zoning Ordinance (CZO), Subdivision for Mill
Dam Landing Associates, L.L.C. at 4949 Lookout Road (Lake Bradford and Chubb
Lake) re subdividing three (3) existing lots into four (4) lots to develop a single-family
dwelling on each of the newly created lots.
DISTRICT 4 — BAYSIDE
DEFERRED
RECOMMENDATION
APRIL 22, 2008
WITHDRAWAL
Application of JONATHANS COVE HOMEOWNERS ASSOCIATION for a
Conditional Use Permit re a community pier at 405 Behl Court.
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION
APPROVAL
4. Application of T -MOBILE NORTHEAST, L.L.C. for a Conditional Use Permit re a
communication tower at 4863 Baxter Road.
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION
APPROVAL
5. Application of NTELOS for a Conditional Use Permit re a communication tower at 5505
Parliament Drive.
DISTRICT 2 — KEMPSVILLE
RECOMMENDATION
APPROVAL
6. Application of NEW CINGULAR WIRELESS PCS, L.L.C. (t/a AT&T) for a Conditional
Use Permit re a communication tower at 6348 Colby Way.
DISTRICT 1 — CENTERVILLE
RECOMMENDATION
APPROVAL
Applications of SEVEN CITIES DEVELOPMENT COMPANY, L.L.C. for an indoor
commercial recreation facility and recreational facilities of an outdoor nature at North
Landstown and Dam Neck Roads: DISTRICT 7 — PRINCESS ANNE
a. Change of Zoning District Classification from AG -1 Agricultural District to Conditional
B-2 Community Business District
b. Conditional Use Permit
RECOMMENDATION
APPROVAL
Application of SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.C. for a Change of
Zoning District Classification from R-15 Residential District to Conditional R-10
Residential District at 4017, 4025, 4037, 4061 and 4105 Indian River Road re developing 42
single-family residential lots.
DISTRICT 1 — CENTERVILLE
RECOMMENDATION
APPROVAL
9. Application of ESI PROPERTIES, II, L.L.C. for a Modification of Conditions (approved
by City Council on September 14, 2004) for ESI Properties and Kamerek Properties at 4417
Expressway Drive and 361, 365 and 369 Edwin Drive to allow an addition to the existing
building.
DISTRICT 3 — ROSE HALL
RECOMMENDATION APPROVAL
10. Ordinance to AMEND City Zoning Ordinance (CZO), Section 1001, to ADD animal
hospitals, veterinary establishments, pounds, shelters and commercial kennels as
Conditional Uses in the I-1 and I-2 Industrial Districts.
RECOMMENDATION
APPROVAL
NOTICE OF PUBLIC HEARING
Virginia Beach City. Council will meet in the Chamber at City Hall, Municipal Center,
2401 Courthouse' Drive, Tuesday, May 27, 2008, at 6:00 p.m. The
following applications will be heard:
DISTRICT 7 - PRINCESS ANNE
Seven Cities Developrtlent Company, L.L.C. Application: Change of Zoning District]
Classification from Aa1 Agricultural to Conditional B-2 Community Business at North
Landstown and Dam Neck Roads. (GPIN 1484792426 - part of) The Comprehensive
Plan designates this site as being within the Transition Area/Princess Anne. The
purpose of this rezoning Is to develop sports related facilities. AICUZ is 65.70 aril!
interfacility Traffic Area,
Seven Cities Development Company, LLC. Application: Candithmal Use Permit fa
an indoor commercial recreation facility and recreational facilities of an outdoor,
nature at North Landstown and Dam Neck Roads (GPIN 1484792426 - part of).
DISTRICT B - BEACH
R. Timothy Tepper, Jr. & Kimberly W. Tepper for the discontinuance, closure ano
abandonment of a portion of an unimproved, unnamed alley adjacent to the rear'
property fine of Lot 10, Block 13, Croatan Beady (800 Surfside Avenue).
DISTRICT T - KEMPSVILLB
Jonathan Cove Homeowners Association Application: Conditional Use Permit for a
community pier at 405 Beth Court (GPIN 1457300378).
T -Mobile Northeast, LLC. Application: Conditional Use Permit for a communication
tower at 4863 Baxter Road (GPIN 1476172849).
nTelos Application; Conditional Use Permit for a communication tower at 5505
Parliament Drive (GPIN. 1467239352).
DISTRICT 1- CENTERVILLE
New Cingular Wireless PCS, L.L.C. (t/a AT&T) Application: Conditional Use Permit for
a communication tower at 6348 Colby Way (GPIN 1455299907).
Southern Virginia Beach Properties, L.L.C. Application: Change of Zoni
Mistdd
Classification from R-15 Residential to Conditional R-10 Residential at 40,1 7, 4025'
4037, 4061 and 4105 Indian River Road (GPINs 1474622765; -1898; -0957:
1474528973; 1474537096; -7205). The Comprehensive Plan designates this site
as being within the Primary Residential Area. The purpose of this rezoning is tr
develop single-family dwellings. AICUZ is less than 65.
DISTRICT 3 - ROSE HALL
ESI Properties, 11, L.L.C. Application: Modification of Conditions for a request
approved by City Council on September 14, 2004 (ESI Properties & Kamerek
Properties) at 4417 Expressway Drive and 369, 365 and 361 Edwin Drive (GPINs
1477605028; -7493).
Ordinance to amend City Zoning Ordinance Section 1001 to add animal hospitals,
veterinary establishments, pounds, shelters, and commercial kennels as Conditional
Uses in the 1-1 and 1.2 Industrial Districts.
All interested citizens are invited to attend.
Ruth Hodges Fraser. MMC
City Clerk
Copies of the proposed ordinances, resolutions and amendments are on file and mai
be examined in the Department of Planning or online a
htto://www-vb99V,aem/8c For information call 385.4621.
If you are physkally dbabled of vbuaNy kaored and need assistance at this
meeting, please call the CITY CLERK'S OFFICE at 388.4303.
Beacon May 11 & 18, 2008 18694n97
�ti If7 • �/ Irr �
Street Closure
Q4 ?
�'.. au. xn•a �xF�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: In the matter of closing, vacating and discontinuing a portion of that certain
unimproved alley designated as the cross -hatched area and described as "Indicates
Portion of Alley to be Closed (375 sq. ft./0.009 acres)" as shown on that certain plat
entitled "STREET CLOSURE PLAT PORTION OF 15' ALLEY ADJACENT TO LOT 10
BLOCK 13 CROATAN BEACH M.B. 24 P. 37, VIRGINIA BEACH, VIRGINIA" DISTRICT
6 — BEACH
MEETING DATE: May 27, 2008
■ Background:
R. Timothy Tepper, Jr. & Kimberly W. Tepper, the applicants, request the closure
of the western 7.5 feet of a 15 -foot wide unimproved alley adjacent to their
property at 800 Surfside Avenue for the purpose of incorporating the right-of-way
into their adjoining single-family residential lot.
■ Considerations:
The portion of the alley proposed for closure is part of an undeveloped alley that
runs north to south along the entire block. Other street closure requests similar
to this request have been granted to property owners within the same block.
The Viewers met and determined that the proposed closure will not result in a
public inconvenience; therefore, they recommend closure of the right-of-way.
All funds generated from closures within the Croatan neighborhood are directed
to a Croatan Beach Access account, and ultimately, the funds collected are to be
used by the City to purchase additional public accesses to the beach in the
Croatan area.
The Planning Commission placed this item on the consent agenda because the
Viewers determined the closure will not result in any public inconvenience, the
request is consistent with similar alley closures in the Croatan neighborhood, and
there was no opposition to the request.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
R. Timothy Tepper, Jr. & Kimberly W. Tepper
Page 2 of 2
The (3ity Attorney's Office will make the final determination regarding
ownsrship of the underlying fee. The purchase price to be paid to the City
shall be determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
Copio,s of the policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcel. The plat must be
subrr itted and approved for recordation prior to final street closure approval.
Said plat must include the dedication of a drainage easement over the closed
portion of the alley to the City of Virginia Beach, subject to the approval of the
Department of Public Works and the City Attorney's office, which easement
shall include a right of reasonable ingress and egress.
3. The applicant shall verify that no private utilities exit within the right-of-way
proposed for closure. Preliminary comments from the utility companies
indicate that there are private utilities within the right-of-way proposed for
closure. If private utilities do exist, the applicant shall provide easements
satisfactory to the utility companies.
4. Closure of the right-of-way shall be contingent upon compliance with the
above; stated conditions within 365 days of approval by City Council. If the
conditions noted above are not accomplished and the final plat is not
approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
■ Attachments:
Staff Revi ew
Disclosure: Statement
Ordinance;
Planning Commission Minutes
Location Idlap
Recommended .Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager
1 IN THE MATTER OF CLOSING, VACATING AND
2 DISCONTINUING A PORTION OF THAT CERTAIN
3 UNIMPROVED ALLEY DESIGNATED AS THE
4 CROSS-HATCHED AREA AND DESCRIBED AS
5 "INDICATES PORTION OF ALLEY TO BE CLOSED
6 (375 SQ.FT./0.009 ACRES)" AS SHOWN ON THAT
7 CERTAIN PLAT ENTITLED "STREET CLOSURE
8 PLAT PORTION OF 15' ALLEY ADJACENT TO LOT
9 10, BLOCK 13 CROATAN BEACH M.B. 24 P.37,
10 VIRGINIA BEACH, VIRGINIA". DISTRICT 6 —
11 BEACH.
12
13 WHEREAS, R. Timothy Tepper, Jr. and Kimberly W. Tepper (the
14 "Applicants") applied to the Council of the City of Virginia Beach, Virginia, to have the
15 hereinafter described alley discontinued, closed, and vacated; and
16
17 WHEREAS, it is the judgment of the Council that said street be
18 discontinued, closed, and vacated, subject to certain conditions having been met on or
19 before one (1) year from City Council's adoption of this Ordinance;
20
21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
22 Virginia Beach, Virginia:
23
24 SECTION 1
25
26 That the hereinafter described alley be discontinued, closed and vacated,
27 subject to certain conditions being met on or before one (1) year from City Council's
28 adoption of this ordinance:
29
30 All that certain piece or parcel of land situate, lying and being
31 in the City of Virginia Beach, Virginia, designated and
32 described as "Indicates Portion of Alley to be closed 375 sq.
33 ft./0.009 acres)" shown as the cross-hatched area on that
34 certain plat entitled: "STREET CLOSURE PLAT PORTION
35 OF 15' ALLEY ADJACENT TO LOT 10 BLOCK 13
36 CROATAN BEACH M.B. 24 P. 37, VIRGINIA BEACH,
37 VIRGINIA" Scale: 1"=20', dated February 5, 2008, prepared
38 by Gallup Surveyors & Engineers, LTD., a copy of which is
39 attached hereto as Exhibit A.
40
41
42
43
44 GPIN:2426-37-4897
45 SECTION II
46
47 The following conditions must be met on or before one (1) year from City
48 Council's adoption of this ordinance:
49
50 1. The City Attorney's Office will make the final determination regarding
51 ownership of the underlying fee. The purchase price to be paid to the City shall be
52 determined ac:.ording to the "Policy Regarding Purchase of City's Interest in Streets
53 Pursuant to Street Closures," approved by City Council. Copies of said policy are
54 available in the Planning Department.
55
56 2. The applicant shall resubdivide the property and vacate internal lot
57 lines to incorporate the closed area into the adjoining parcels. The resubdivision plat
58 shall be submitted and approved for recordation prior to final street closure approval.
59 Said plat must include the dedication of a drainage easement over the closed portion of
60 the alley to the City of Virginia Beach, subject to the approval of the Department of
61 Public Works and the City Attorney's office, which easement shall include a right of
62 reasonable ingress and egress.
63
64 3. The applicant shall verify that no private utilities exist within the right -of -
65 way proposed for closure. Preliminary comments from the utility companies indicate
66 that there are private utilities within the right-of-way proposed for closure. If private
67 utilities do exist, the applicant shall provide easements satisfactory to the utility
68 companies.
69
70 4. Closure of the right-of-way shall be contingent upon compliance with
71 the above stated conditions within one (1) year of approval by City Council. If all
72 conditions noted above are not in compliance and the final plat is not approved within
73 one (1) year of the City Council vote to close the street, this approval will be considered
74 null and void.
75
76 SECTION III
77
78 1. If the preceding conditions are not fulfilled on or before May 26,
79 2009, this Ordinance will be deemed null and void without further action by the City
80 Council.
81
82 2. If all conditions are met on or before May 26, 2009, the date of final
83 closure is the date the street closure ordinance is recorded by the City Attorney.
84
85 3. In the event the City of Virginia Beach has any interest in the
86 underlying fee, the City Manager or his designee is authorized to execute whatever
87 documents, if any, that may be requested to convey such interest, provided said
88 documents are approved by the City Attorney's Office.
2
89
90
91
92
93
94
95
96
97
SECTION IV
A certified copy of this Ordinance shall be filed in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
OF VIRGINIA BEACH as "Grantor' and R. TIMOTHY TEPPER, JR. AND KIMBERLY
W. TEPPER as "Grantees."
Adopted by the Council of the City of Virginia Beach, Virginia, on this
day of , 2008.
CA -10556
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R. TIMOTHY
TEPPER, JR. &
KIMBERLY W.
TEPPER
Agenda Item 17
April 9, 2008 Public Hearing
Staff Planner: Leslie Bonilla
REQUEST:
Srreet closure
Discontinuance, closure and abandonment, of
the western 7.5 feet of a 15 -foot wide unimproved alley adjacent to the rear property line of Lot 10, Block
13, Croatan Beach (800 Surfside Avenue).
ADDRESS / DESCRIPTION: Property located at the western 7.5 feet of a 15 -foot wide unimproved alley
adjacent to the rear property line of Lot 10, Block 13, Croatan Beach (800 Surfside Avenue).
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
Between 2426374897 6 - BEACH 375 square feet
And 2426375899
SUMMARY OF REQUEST
The applicant requests the closure, discontinuance and
abandonment of the western 7.5 feet of a 15 -foot wide unimproved alley for the purpose of incorporating
the right-of-way into their adjoining single-family residential lot. There have been several street closure
requests granted along the subject alleyway during the past 15 years. The zoning history map identifies
the specific properties that were granted street closures for the alley.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped alley
SURROUNDING LAND North: Across Maryland Avenue, single-family homes/ R-10
USE AND ZONING: Residential District
R. TIMOTHY TEPPER, JR. & KIMBERLY W. TEPPER
Agenda Item 17
Page 1
South: . Single-family homes / R-10 Residential District
East: • Across unimproved alley, single-family homes / R-10
Residential District
West: . Across Surfside Avenue, single-family homes / R-10
Residential District
NATURAL RESOURCE AND This site does not have any known significant historical, cultural, or
CULTURAL FEATURES: environmental features.
AICUZ: The site is in an AICUZ of 65 -70 dB Ldn surrounding NAS Oceana.
IMPACT ON CITY SERVICES
PUBLIC WORKS: A plat providing a private drainage easement shall be reviewed and approved by the City
of Virginia Beach Public Works Department during detailed site plan review.
WATER & SEWER: No objection.
PRIVATE UTILITIES: Preliminary comments from private utility companies indicate that there is a Dominion
Virginia Power lift pole and cables located within the segment of alley requested to be closed. Dominion
Power has indicated that they will require an easement be provided to allow Dominion Power access and
maintenance of infrastructure within this segment of alley.
Recommendation: EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the conditions below.
Comprehensive Plan:
The Comprehensive Plan Map designates this area of the city as Primary Residential. The City's
Comprehensive Plan states that the objective of the Primary Residential Area is to protect the
predominantly suburban character that is defined, in large measure, by the stable neighborhoods of the
Primary ResiJential Area.
Evaluation:
The portion cf the alley proposed for closure is part of an undeveloped alley that runs north to south along
the entire block. Other street closure requests similar to this request have been granted to homeowners
within the same block. The Viewers met and determined that the proposed closure will not result in a
public inconvenience; therefore, they recommend closure of the right-of-way. The request is compatible
with the Comprehensive Plan's recommendations, as other portions of the alley have also been closed by
R. TIMOTHY TEPPER, JR. & KIMBERLY W. TEPPER
Agenda Item 17
Page 2
individual homeowners. City Council adopted a policy aimed at disposing of undeveloped right-of-ways to
adjoining property owners in the Croatan community. All funds generated from such closures are directed
to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to
purchase additional public access to the beach in the Croatan area. The proposed street closure is
recommended for approval with the following conditions.
CONDITIONS
1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.
The purchase price to be paid to the City shall be determined according to the "Policy Regarding
Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies
of the policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area
into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street
closure approval.
3. The applicant shall provide easements satisfactory to the utility company for any private utilities that
exist within the right-of-way proposed for closure.
4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions
within 365 days of approval by City Council. If the conditions noted above are not accomplished and
the final plat is not approved within one year of the City Council vote to close the right-of-way this
approval shall be considered null and void.
5. A plat providing a private drainage easement shall be reviewed and approved by the City of Virginia
Beach Public Works Department during detailed site plan review.
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.
R. TIMOTHY TEPPER, JR. & KIMBERLY W. TEPPER
Agenda Item 17
Page 3
AERIAL OF SITE LOCATION
R. TIMOTHY TEPPER, JR. & KIMBERLY W. TEPPER
Agenda Item 17
Page 4
X
AERIAL OF SITE LOCATION
R. TIMOTHY TEPPER, JR. & KIMBERLY W. TEPPER
Agenda Item 17
Page 4
CROATAN BEACH
(M.O. 24 P. 37)
BLOCK 16
20 19
M.D. 24 P. 37 M.B. 24 P. 37
15' ALLEY
M.B. 24 P. 37
- (UNDEVELOPED)
Z
Y�
M.D. 24 P. 37
SURFSIDE AVENUE (50' R/W)
(►ORMERLY LANE AVE.)
(M.B. 24 P. 37)
LEGEND
®INDICATES PORTION Of ALLEY
TO BE CLOSED (373 n ft,/0,009 acre:)
e
0' 20' 46 60'
SURVEY OF AREA TO BE CLOSED
R. TIMOTHY TEPPER, JR. & KIMBERLY W. TEPPER
Agenda Item 17
Page 5
S 0414`'15 E
ATEXIS-W
R/W
UNE TO BZ
VACATED
UPON R/W
W y
CLOSURE
m N
Q
p
LOT 10
g CPIN:
2426-37-4897
b
6
n
15' ALLEY
M.B. 24 P. 37
- (UNDEVELOPED)
Z
Y�
M.D. 24 P. 37
SURFSIDE AVENUE (50' R/W)
(►ORMERLY LANE AVE.)
(M.B. 24 P. 37)
LEGEND
®INDICATES PORTION Of ALLEY
TO BE CLOSED (373 n ft,/0,009 acre:)
e
0' 20' 46 60'
SURVEY OF AREA TO BE CLOSED
R. TIMOTHY TEPPER, JR. & KIMBERLY W. TEPPER
Agenda Item 17
Page 5
# Daae
Description
Action
1 9-23-03
Street Closure
Granted
2 10-26-04
Street Closure
Granted
3 10-23-90
Street Closure
Granted
4 11-8-71
Zoning Chane
Denied
5 2-27-07
Street Closure
Granted
6 2-28-06
1-22-08
1-31-06
Street Closure
Street Closure
Street Closure
Granted
Granted
Granted
7 1-23-07
Street Closure
Granted
8 5-22-07
Street Closure
Granted
ZONING HISTORY
R. TIMOTHY TEPPER, JR. & KIMBERLY W. TEPPER
Agenda Item 17
Page 6
0
COMM)
PL4
O
V
DISCLOSURE STATEMENT
i
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
R. Timothy Tepper, Jr. & Kimberly W. Tepper, husband and wife
2. List all businesses that have a parent -subsidiary' or affiliated business entity -
relationship with the applicant: (Attach list if necessary)
X Check here if the applicant is NOT a corporation, partnership, term, business. or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete th.,s 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 entity'
relationship with the applicant (Attach list if necessary)
I] Check here if the property owner is NOT a corporation, partnership, firm, business
or other unincorporated organization.
& 2 See next page for footnotes
Sheet Clo7wV AppL;:nt,.�r,
Revised `i, 1 -,.04
R. TIMOTHY TEPPER, JR. & KIMBERLY W. TEPPER
Agenda Item 17
Page 7
DISCLtDSURE STATEMENT :7]1
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)
S%,kes, Bourdon, Ahern & Levy, P.C.
(.;aalup Surveyors k� E;nci.neers, Ltd.
'"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
z "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. Fai;tors 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 §
22-3101,
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand chat, 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 processingnd evaluating this application.
f/-Ki,.i ttL: )i� j 1 ilt,f �e.r"�U l"_I I l�l>•_r
Applicant's Signature Print Name
Property Owrer's Signature (if different than applicant) Print Name
Street Closure Appication
Page 11 of 11
Revised 7/3/07
z
0
U
O
a
U
R. TIMOTHY TEPPER, JR. & KIMBERLY W. TEPPER
Agenda Item 17
Page 8
Item #17
R. Timothy Tepper, Jr. & Kimberly W. Tepper
Discontinuance, closure and abandonment of a portion
of an unimproved, unnamed alley adjacent to the
rear property line of Lot 10, Block 13, Croatan Beach
District 6
Beach
April 9, 2008
CONSENT
Joseph Strange: The next item is item 17. An application of R. Timothy Tepper, Jr. &
Kimberly W. Tepper for the discontinuance, closure and abandonment of a portion of an
unimproved, unnamed alley adjacent to the rear property line of Lot 10, Block 13, Croatan
Beach, District 6, Beach, with five conditions.
Eddie Bourdon: Madame Chair. For the record again, I'm Eddie Bourdon, a Virginia Beach
attorney, representing the applicants. We appreciate being on the consent agenda. All five
recommended conditions are acceptable.
Joseph Strange: Okay. Thank you Eddie. Is there any opposition to this matter being'placed
on the consent agenda? If not, the Chairman has asked Jay Bernas to review this item.
Jay Bernas: Thank you Commissioner Strange. The applicant wishes to close 7 Meet of a
15 foot unimproved alley. But unlike the street closures that have been approved in the past
in this Croatan subdivision, there is existing Dominion Virginia infrastructure within the
alley, and this will require an easement. In addition, Public Works has asked that a private
drainage utility easement also be dedicated. Those conditions have been added, and with
that, the Commission felt like that this is approvable and that it be placed on the consent
agenda.
Joseph Strange: Thank you Jay. Chairman, I have a motion to approve agenda item 17.
Janice Anderson: Do I have a second? A motion made by Joe Strange and a second by
Kathy Katsias.
AYE 11 NAY 0
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
ABS 0 ABSENT 0
Item #17
R. Timothy Tepper, Jr. & Kimberly W. Tepper
Page 2
REDMOND
AYE
RUSSO
AYE
STRANGE
AYE
Ed Weeden: By a vote of 11-0, the Board has approved item 17 for consent.
CITY CLERK: By a vote of 10 to 0, you have
deferred until May the 27th the
Application of Mill Dam Landing Associates. Mr. Gambrell, May
the 27th.
BILL GAMBRELL: Thank you.
MAYOR OBERNDORF: Thank you all.
(Whereupon, the discussion of this matter was
concluded.)
15
CITY CLERK: By a vote of 10 to 0, you have
deferred until May the 27th the
Application of Mill Dam Landing Associates. Mr. Gambrell, May
the 27th.
BILL GAMBRELL: Thank you.
MAYOR OBERNDORF: Thank you all.
(Whereupon, the discussion of this matter was
concluded.)
14
adequate time.
VICE -MAYOR JONES: I'll move for deferral for a
four-week period, but, please,
understand that if -you come back with a four -lot application
I'm going to move for denial.
COUNCILMRN DYER: Second.
UNIDENTIFIED AUDIENCE: Can the sign come down that's up
already?
VICE -MAYOR JONES: Mr. Gambrell, I'd suggest you take
that "for sale" sign down.
MAYOR OBE:RNDORF: Well, it's the least that could be on
their side, and they've come down
twice now to try and speak on this. So, we do care what
you're saying, and we know that Mr. Gambrell will try and meet
your expectations, but, if not, we remember what Mr. Jones has
promised.
There's a motion and a second to defer this item. Are we
ready for the question?
CITY ATTORNEY: Madam Mayor, I heard the end comment,
but I just wasn't totally clear what
sign we're talking about. Are we talking about the sign for
the variance?
MAYOR OBE:RNDORF: They've got a "sale" sign.
CITY ATTORNEY: A "for sale" sign; okay. I thought
you meant the variance sign.
MAYOR OBE:RNDORF: No, no. No, no. I would never ask
for that.
COUNCILM)►N WOOD: Les, it's right there.
COUNCIL ]LADY WILSON: See the picture?
CITY ATTORNEY: Okay. I hadn't seen that.
MAYOR OBE;RNDORF: They even advertise the lots.
CITY CLERK: Mr. Uhrin, may I have your vote?
COUNCILMAN UHRIN: Aye.
13
the same opposition that they had
tonight.
BILL GAMBRELL: I'm sorry. I did make myself
available. I did not go out and
pursue them, and I would like the opportunity to do that.
COUNCIL LADY HENLEY: Because it looks like they -- well --
BILL GAMBRELL: Because I really believe, like I told
you before, my intention is to do the
right thing with this property. And if I come back to you and
I don't have the neighbors more supportive than I do,
obviously I would not have such a good application for you.
But I felt like I brought you a good application, and I feel
like I can improve it from the neighbors' perspective.
VICE -MAYOR JONES: Mr. Gambrell, one of the things that
several of the neighbors have pointed
out to me is that they don't want four lots on this property.
Are you going to come back with a four -lot application, or are
you going to reduce the number of lots? What is your
intention, I guess?
BILL GAMBRELL: My intention, Mr. Jones, is to bring
an application that you'll want to
approve and the neighbors will be happy with. If it requires
a reduction in the total number of lots, then that may be the
case. I haven't had the opportunity to go through the whole
project with them, and, again, I do apologize, Mrs. McClanan.
VICE -MAYOR JONES: May I ask, Mr. Walker, or
Mrs. Janicki, would you be willing to
meet with this gentleman?
HEIDI JANICKI: We would be willing to meet with him.
I do want to point out that we did
vote in March '07. This has been going on a long time. We
have been aware of the proposal for four lots. So, we have
held this position for a very long time. We would be willing
to meet, but I just wanted to make that clear.
VICE -MAYOR JONES:
going to move to deny
deferral. How long do
with the neighbors?
BILL GAMBRELL:
Well, Mr. Gambrell, if you come back
with a four lot application, I'm
it, okay? So, I'm going to move for a
you think it will take for you to get
If I could have four weeks,
Mr. Jones, that would give me
with the neighbors and the Civic
League and see if you can meet their expectations and so
forth?
BILL GAM13RELL :
MAYOR OBERNDORF:
Absolutely.
Mrs. McClanan?
12
COUNCIL ]LADY MCCLANAN: Why did you not meet with the
neighbors before you went to the
Planning Commission? And then I read all of the minutes; why
after that did you not meet with them?
BILL GAMl3RELL: I believe the first gentleman who
spoke is the property owner, and I
believe that they had conversations with the neighbors, but I
think there's some issues about who wanted to buy the
property, who wanted to develop the property. I didn't really
get invo__ved in who was interested in the property previously,
Mrs. McC__anan. I came to the Planning Commission, made myself
available for everybody, and handled it that way.
And I apologize for not going directly to them and saying
"hey, let: me see if I can sit down and talk to you", but I
picked up the application really on the merits of the fact
that the staff was supportive of it and felt like they had
done a good job. They had looked at all the issues that were
associated with the proposed variance, and it made variance
sense to me. It was an application that I felt like was
appropriate, and because it was being supported by your Public
Works, by your Public Utilities, by all the different people
that looked at these applications, that it was an appropriate
request. And I didn't get involved in the nuances in who was
interested in the property and who didn't close the street and
some of the things that had occurred prior to my coming along.
MAYOR OBERNDORF: Mrs. Henley?
COUNCIL LADY HENLEY: Well, I was just going to say almost
the same thing Mrs. McClanan did.
These people all spoke at the Planning Commission, and this
gentleman said he's spent six hours at the Planning Commission
hearing. It's kind of tough to have them have to do all that
again, but they said essentially the same things at Planning.
BILL GAMIRELL: The Planning Commission and the staff
both recommended unanimously for this
request.
COUNCIL LADY HENLEY: I know they did, but these people had
11
did not necessarily require a variance, but this particular
variance is not a self-imposed hardship for money. This is a
variance that preserves the shoreline, limits the amount of
impervious cover, and really does a better job of developing
the site.
But in deference to the neighbors, not to be offensive, I'd
really like the opportunity to drop back and meet with them.
I have not talked and no one called me, I apologize, but no
one spoke to me about this in advance. I know the neighbors,
the last neighbor that just spoke, does live at the end of
Joyce Avenue, which was a closed street. Part of his lot was
part of a public right-of-way that was closed years and years
ago.
And if you look on the map, if Stephen will flip back to the
map, if you look at the map, what's being proposed is
substantially larger than all of the lots in the surrounding
area, and the right-of-ways are substantially larger than all
of the lots in the area. But I don't want to take exception
to the neighbors, so if I could I would ask the Council,
please, defer the application for two or three weeks and let
me meet with the neighbors and see if I can't show them a plan
that would be more acceptable to them?
VICE -MAYOR JONES: Mr. Gambrell, what is it you think
you can propose that would be
acceptable to the neighborhood?
BILL GAMBRELL: Mr. Jones, I think that I can show
you a plan that shows a full-size
right-of-way, a right-of-way larger than the right-of-ways
that are in the area, that accommodates the lots that are
being proposed. By right, this property has three
nonconforming lots, all of which could be increased and made
more conforming than they are now. So, by right, this
property could be re -subdivided and platted with single-family
lots, but there wouldn't be the protection measures for the
bay, as far as the shoreline protection, as far as the ENS,
and different things that are not necessarily always
components of the City's typical zoning standards.
So, I think that I can bring back a plan that shoes how the
property can be more appropriately developed and probably in
concert with what we've heard today. I'm not positive
everybody understands all the nuances of the ordinance and I
don't expect them to, but my intention is to improve the
situation for them.
VICE -MAYOR JONES: All right. You'll commit to meeting
10
Commission and the comments they made after everybody spoke,
there were a couple I had to shake my head at, one was, one
Planning Commissioner said, there's some tiny cottages with
small lois, little cottages on there, and his logic was "well,
look, we've got all these little cottages, so why shouldn't we
do this"', These are even bigger, except that's fifty, sixty,
years ago. The Code, the Law, today, is different than that
was fifth or sixty years ago. So, that made no logical sense
to me, coming from a Planning Commissioner.
One other point was, one Commissioner said at the end "what's
the difference between three and four"? Well, that is a tiny
little lot. I think it's 1.34 buildable acres, and I think at
least one or two of those houses would have to be shaped to
the setback. And you might be able to make a pretty house
when you're right on the setbacks, but usually it comes out as
a box. So, there is a difference between three and four; the
houses aren't going to be quite as nice. And that was just
the comments I wanted to make from my six hours at the
Planning Commission. Thank you very much.
MAYOR OBERNDORF: Thank you.
VICE-MAYCiR JONES: Excuse me, sir? Where is your house?
BRIAN THOMAS: The adjacent lot to Lot 1 right there
on the top of the picture.
VICE-MAYCIR JONES: Right at the end of Lookout Road?
BRIAN THOMAS: Yes, sir.
VICE -MAYOR JONES: Thank you.
MAYOR OBERNDORF: Welcome back.
BILL GAMEIRELL: Madam Mayor, Members of Council, I've
heard some of these comments before,
and we did have an awful long discussion at the Planning
Commission. And we did spend an awful lot of time with this
at the Staff level with the street turn around and the
different items, but you know that typically I try not to
bring yoL. applications that create trouble for you.
Today, if maybe it would be acceptable to the Council, I would
like to ask that this item be deferred and that I go back and
talk to the neighbors, because there was an application that
was submitted to the staff that showed a public right-of-way
and showed everything correctly. It' showed it as a 40 -foot
right-of-way that was approved by the Planning Director. It
I
reasons. Fire trucks would have a tough time getting down
these driveways. I've got to speak about a flag lot that I
live on. I actually live on a flag lot in Chesapeake Beach,
but we have a wide driveway and a 10 -foot driveway is not
going to be a good idea, and I can tell you why.
And if you approve of this, I hope that you make sure that the
Public Utilities people get the utilities that go to these
houses down their own driveways and not across other people's
driveways, because we've had problems in the past. You can
have great neighbors, but you can have big problems with the
great neighbors when somebody has got an electrical line that
goes underneath your driveway or an overhead line that goes
over your driveway that doesn't belong to you, and that's
happened on Greenwell Road where we live. So, thank you very
much.
MAYOR OBERNDORF: Thank you.
CITY CLERK: That's all the speakers.
MAYOR OBERNDORF: That's all the public speakers,
Mrs. Fraser said. There's a lady
who's raising her hand. Did you sign up?
CITY CLERK: I don't have her name. If you'll
come forward and state your name and
your address?
ELIZABETH GREGORY: My name is Elizabeth Gregory. I live
at 5008 Lauderdale Avenue, and I
didn't intend to speak and I'm nervous, as always, when I
speak in public. All I want to say is the sign went up this
weekend, I believe the City Council has the pictures,
advertising four lots before you all got a chance to vote.
Thank you.
MAYOR OBERNDORF: Thank you, Mrs. Gregory.
Gentleman in the back of the room?
CITY CLERK: Please, state your name and your
address?
BRIAN THOMAS: Brian Thomas, and 2629 West Chubb
Lake Avenue. I'm the adjacent
property owner next to Lot 1, and I oppose the plan as
proposed.
Just a couple of points I wanted to make, everybody else made
some good points, but I spent six hours attending the Planning
I
not an uncommon thing in the city. It's common around bodies
of water, around the bay, around lakes. We are in Chesapeake
Beach in a neighborhood, I've been a resident there of
twenty-one years, and we have quite a few lakes that we deal
with there; Lake Joyce, Chubb Lake, Pleasure House Lake,
Bradpoint:e Lake. And if you look at the structure of the
streets, again, the streets aren't winding in and around the
lakes; they're straight. We end up with a lot of these lots
that werE� plotted running very deep up to those bodies of
water.
Lake Joyce is a great example. The pattern that has been
accepted in the City is that you can build two residences on
that lot, and we've gotten it time and time again all around
Lake Joyce. They're probably six or eight people here who
just stood up or who are living in one of those types of homes
around Lake Joyce. So, I would request that again you stick
to what has been accepted in the past and not create a new
precedence and allow him to develop this with two residences
and not the four residences with variances for all four of
those residences that he's requesting. Thank you.
MAYOR OBERNDORF: Thank you.
CITY CLERK: Wally Damon?
MAYOR OBERNDORF: Good evening.
WALLY DAMON: Good evening. I'm Wally Damon. I'm
a resident of Chesapeake beach. How
are you EL11 tonight?
MAYOR OBERNDORF: Fine.
WALLY DAMON: As proposed, this project I'm going
to have to be opposed to. I'm a
fifty-year resident of Chesapeake Beach. Approval would set a
negative precedent for all of the other areas in our
neighborhood which have similar conditions.
Athens Boulevard, Creek Cove Court, and Bradpointe Lane, to
name a fE!w of the adjacent dead-end streets all within a
quarter -mile of this site, have similar situations where the
lots at the end of the street are extremely large and
irregular with minimal street frontage. Approval of this
project Torould open the door to others who wish to carve these
larger lots into multiple flag lots in the name of profit.
The Zoning Ordinance is intended to prevent this sort of flag
lot development for safety reasons and for legal and liability
7
Over sixty signatures of nearby property owners opposed to
this proposal have been obtained, and neighborhood residents
opposed to the plan are in the audience tonight.
The Civic League believes that the decision regarding this
variance request is significant because of its potential to
encourage greater nonconformity and lack of adherence to
zoning and subdivision ordinances in our neighborhood.
Already many if not most properties in Chesapeake Beach are
nonconforming. We propose that if these newly created lots
cannot adhere to all the current regulations, at least no
greater degree of nonconformity than that already present
should result.
Currently, there are three nonconforming lots on the property
with one existing home based on an examination of the Planning
Department Staff Report for the Planning Commission. Because
approval of this subdivision variance would create four
nonconforming lots and would result in a greater degree of
nonconformity than what currently exists, we ask that you deny
this request based on the requirements and intent of the City
Code. In addition, we do not think that this request for a
variance to the subdivision ordinance should be granted
because the hardship is self-inflicted based on the desire to
build four homes rather than fewer. As stated in Section 9.3
of the City Code, "personal or self-inflicted hardship shall
not be considered as grounds for the issuance of a variance".
Thank you for your time.
MAYOR OBERNDORF: Thank you.
CITY CLERK: Do you have a copy of your petition?
HEIDI JANICKI: I turned it in.
CITY CLERK: Bob Costello, and Wally Damon?
MAYOR OBERNDORF: Good evening. Before you get
started, the young lady said she had
her neighbors with her. She wanted them to stand in
opposition. Thank you. Thank you. I'm sorry.
BOB COSTELLO: You're welcome. That's okay. I know
you've had a hard day. I just want
to reference an earlier speaker to remind you that out of
cocoons grow a beautiful butterfly. Let me address the issue
that's before you now.
I think Mr. Walker summed it up pretty well, in terms of
identifying these as the flag lots that they are, and this is
n.
CITY CLERK: Mr. Walker, your time has expired.
MARK WALKER: I'm finishing up right now.
In other words, the City Code does not allow someone to create
greater nonconforming than already exists. The fact that the
proposal is creating four nonconforming lots where there are
currently only three clearly shows this proposal to be in
violation of the City Code, and we request that it not be
allowed. Thank you.
MAYOR OBE:RNDORF: Thank you.
CITY CLERK: Doctor Roger Gregory?
DR. ROGER GREGORY: Madam Mayor, Council, my name is
Dr. Roger Gregory. My wife and I
have been residents of Chicks Beach for over twenty years, and
as a Chicks Beach resident I think most agree that Chicks
Beach is overbuilt while being underserved and overtaxed.
I am not opposed to property development, and I'm certainly
not a trete hugger. However, I do favor a reasonable approach.
Thus, I oppose clear -cutting a beautiful wooded area, which
has been done in Chicks Beach twice in the last few years.
Why not ~elective cutting of trees? I support the City Code
and oppoEe variances, and I support neighborhood safety. Fire
and Police must have access to homes. In short, I oppose
overbuilc.ing the property in Chicks Beach, as discussed in
detail by architect Mark Walker. Thank you.
MAYOR OBERNDORF: Thank you.
CITY CLERK: Heidi Janicki?
HEIDI JANICKI: Good evening, Mayor Oberndorf,
Vice -Mayor Jones, and City Council
Members. My name is Heidi Janicki, and I'm President of the
Chesapeake Beach Civic League. I am here tonight to express
our Civic League's opposition to the request for Subdivision
Variance for Mill Dam Landing Associates, at 4949 Lookout
Road.
The Chesapeake Beach Civic League voted to oppose any variance
requested by Mill Dam Landing Associates, for the creation of
four lots on this property based on the premise that by
creating four parcels the applicant would be increasing the
current degree of nonconformity based on the dimensions of the
lots and the lack of street frontage for the proposed lots.
5
MAYOR OBERNDORF: Thank you.
CITY CLERK: Mark Walker?
MARK WALKER: Madam Mayor, City Council Members, my
name is Mark Walker, and I'm opposed
to this project as submitted. I live in Chesapeake Beach and
I'm Co -Chair of the Architectural Preservation and Zoning
Committee for the Chesapeake Beach Civic League. The
applicant is proposing four lots, which although they do
technically meet the minimum lot area requirement of 7,500
square feet each, by the way, so does a lot that's 25 feet by
300 feet.
Several of the lots are long and narrow and are actually
considered flag lots. According to the Zoning Ordinance,
Article IV, lots of unusual depth, when an existing lot is of
sufficient area to permit the creation by subdivision of more
than one building lot in residential districts, one additional
building lot may be permitted through re -subdivision of the
lot provided that the lot can be re -subdivided in accordance
with applicable zoning requirements and subdivision
regulations. In other words, only one additional flag lot is
allowed, and that lot must meet zoning and subdivision
requirements. The applicant is actually creating three
additional flag lots, two more than allowed per Zoning
Ordinance, as referenced above.
Another issue is that all four lots only have 10 feet of road
frontage each, and three of the four lots, Lots 2, 3, and 4,
are very irregular, long and narrow shapes, which you can see,
which do not meet the 75 width lot requirement under R-7.5
Zoning. Lots 2 and 3 both have 10 feet wide by approximately
190 feet long portions, and Lot 4 has a long, narrow, unusable
portion. Each of these irregular portions actually are
counted as part of the total square footage of each lot,
making each look considerably larger on paper. The actual
usable areas of Lots 2 and 4 are substantially less than the
square footage would indicate in this proposal.
Since all four proposed lots are nonconforming, due to only
having 10 feet of road frontage, as well as the shape and
width of three of the four lots, this proposal is also in
violation of the City Code, Appendix B, Section 4.4, which
states that in order to re -subdivide nonconforming lots, the
following must apply: One, the existing lots have been
legally created; two, the resulting lots conform to applicable
requirements in each respect, and the existing lots conform.
In those respects that the existing lots do not conform, no
greater degree of nonconforming already present would result.
4
JIM ELFE:LT: Good evening.
MAYOR OB:ERNDORF: Good evening.
CITY CLEIRR: You have three minutes, sir.
JIM ELFE:LT: Thank you. I'm Jim Elfelt. I'm a
twenty -plus year resident of
Chesapeake Beach. I live a block away from the property now.
I bought this very beautiful piece of property, lakefront
property, in hopes of building our dream home there over two
years ago. I'm proud to tell you guys that on Earth Day that
I am a tree hugger. Anybody that's seen my house, I planted
trees ra-=her than taking down trees and gotten rid of most of
the lawn and planted Azaleas and Dogwoods and things like
that. I hope one day to be moving from my house a block away
onto this new property, and I guess the decision that comes
here today is going to determine if that's going to be okay.
There's a little bit of opposition. I'm sure they'll be up
here to talk to you, and they've gained some support through
my Civic League, and the argument that they're going to make
is that I'm increasing non -conformity. There are a lot of
very sma:Ll lots in Chesapeake Beach, and they're building
three-story box -style units on them, and that's distressing to
us long-term residents; me too. I don't know what the
solution is to that.
On our property, you'll see two of those very small lots, and
it is pointed out time and again that I'm trying to develop on
these lots. Yes, that is part true, but what I'm doing is
redeveloping those two very small lots into four oversized
lots. The point that I'd like to make to you all today is
that the original plan submitted to the City Planners did have
the proper road frontage for all four lots. They suggested
that we reduce that road surface to a smaller area, which does
not give us the road frontage that the zoning requires, but
the size of the lots are way larger than required; one, three
times the size, two, double, and, one, a third larger than it
needs to be. So, these are four very large lots.
I've spent a lot of time and money. I see the light is
blinking here. I'd just like to tell you that I hope that you
guys will_ approve this so that we can continue with our plans
and hopefully live on this property on a large lot. It's
exactly opposite of what everybody else is fighting, which is
big houses on small lots. I want to make small lots into big
ones, and I think that's something that benefits everyone.
Thank you for your time.
3
BILL GAMBRELL: Madam Mayor, I'm going to sit down on
the front row and wait for Mr. White
to come in.
MAYOR OBERNDORF: Thank you.
CITY CLERK: Mr. Gambrell, you can come forward
now.
MAYOR OBERNDORF: Welcome back.
BILL GAMBRELL: Thank you. Glad to be back. Again,
Bill Gambrell, representing the
Applicant this evening. Just a short presentation and answer
some questions, if you would.
First, I should just tell you that this is an eco -friendly
site. The Application is a Variance for a Subdivision
Variance, and it provides for four lots to be developed on
this site. All of these lots are controlled by the City with
the conditions and the site plans that have been submitted.
All of these lots will be developed without a typical public
street, but the application was put together in part because
of the Planning staff and the rest of the staff looking at the
application.
So, it's an eco -friendly site. It protects trees, protects
the shoreline, it limits the amount of impervious cover that
is being proposed. There are a number of non -conforming slots
that could be built, and I'll let, if there's folks who want
to talk about it, that could be built, but by and large this
application is brought to you after working for a long time
with the City trying to develop property in a nice fashion.
The smallest of the lots is a third larger than it would have
to be under existing zoning. It would probably be easier for
me to just answer questions, if that's okay.
MAYOR OBERNDORF: Are there any questions for
Mr. Gambrell?
Mr. Gambrell, what we can do is hear the opposition, and you
have a right to rebuttal.
BILL GAMBRELL: Yes, Ma'am.
MAYOR OBERNDORF: Thank you.
CITY CLERK: A. R. Gregor, Jr? Jim Elfelt?
2
CITY CLERK: You have the Subdivision of Mill Dam
Landing Associates, Lookout Road,
Lake Bradford and Chubb Lake, in the Bayside District.
We have Bill Gambre.11?
MAYOR OBICRNDORF:
BILL GAMI3RELL :
CITY CLERK:
BILL GAM]3RELL :
CITY CLERK:
Good evening.
Good evening.
You're the Applicant, Bill?
Yes, ma'am, I represent the
Applicant.
You have ten minutes.
BILL GAMIRELL: Members of Council, my name is Bill
Gambrell. I represent the Applicant
and the future developer of this property, and I'm here to
speak on their behalf this evening. I did want to tell you
that I read Stockman's book a long time ago and agreed that I
would never get in conversation with anybody about budgets.
And I'm glad that you guys didn't read the same book, but
thank you for not reading that book.
Just real. briefly this evening, I'd like to just make a few
comments and then perhaps answer some questions, if there's
some questions, I'm not sure if there will be other speakers
tonight or not. Just in short, the Application I represent
this evening is an Application for a Variance to Section 9.3
of the Subdivision Ordinance and --
MAYOR OBE;RNDORF: Excuse me?
COUNCILMIiN WOOD: I hate to interrupt him, but can we
get them to put this up so we can
actually see it before he goes?
KAREN LASLEY: It's on its way over. Stephen will
be right here and we'll get it right
up there. I'm sorry.
MAYOR OBERNDORF: Mr. Gambrell, instead of your having
to do it twice, would you be opposed
to waiting until we can get the screen to come up?
BILL GANMsRELL :
Of course, I will.
MAYOR OBE,RNDORF: Thank you.
VIRGINIA BEACH CITY COUNCIL
April 22, 2008
7:32 p.m.
FORMAL SESSION
VARIANCE TO SUBDIVISION ORDINANCE
RE: SUBDIVISION FOR MILL DAM LANDING ASSOCIATES, LLC
VERBATIM
CITY COUNCIL
Meyera E. Oberndorf, Mayor
Louis R. Jones, Vice -Mayor
William R. DeSteph
Harry E. Diezel
Robert M. Dyer
Barbara M. Henley
Reba S. McClanan
John E. Uhrin
Ronald A. Villanueva
Rosemary Wilson
James L. Wood
CITY MANAGER:
CITY ATTORNEY:
CITY CLERK:
At -Large
Bayside - District 4
At -Large
Kempsville - District 2
Centerville - District 1
Princess Anne - District
Rose Hall - District 3
Beach - District 6
At -Large
At -Large
Lynnhaven - District 5
James K. Spore
Leslie L. Lilley
Ruth Hodges Fraser, MMC
DEPUTY CITY CLERK
SARAH DEAL JENKINS
7
1
MILL DAM LANDING ASSOCIATES
Subdivision Variance to Right-of-way width
Relevant Information:
On April 22, the City Council heard and deferred this item for one
month to allow the applicant the opportunity to meet with the
residents in the area surrounding the site and to modify the plan by
eliminating one lot.
Applicant requests withdrawal of the application.
Evaluations and Recommendation:
• Allow withdrawal of the application.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Mill Dam Landing
Associates, L.L.C. Property is located at 4949 Lookout Road (GPINs 1570329366;
1570420587; 1570420690). DISTRICT 4 — BAYSIDE
MEETING DATE: May 27, 2008
■ Background:
On April 22, the City Council heard and deferred this item for one month to allow
the applicant the opportunity to meet with the residents in the area surrounding
the site and to modify the plan by eliminating one lot.
The property, zoned R-7.5 Residential, consists of three (3) lots, totaling 1.34
acres. The site can support the proposed four residential lots under the R-7.5
zoning except that the lots lack the width necessary at the right-of-way. Since
there is now only 40 feet of frontage, the applicant requests a variance to lot
width for each of the four (4) proposed lots.
■ Considerations:
The applicant has considered whether to move forward with three (3) lots rather
than four (4) lots, and has determined that withdrawal of this application is
necessary. The applicant, therefore, requests withdrawal.
■ Recommendations:
Allow withdrawal of the application.
■ Attachments:
Location Map
Recommended Action: Withdrawal of the application.
Submitting Department/Agency: Planning Department f
City Manager: S
JONATHAN'S COVE
Map jonathans
Not too S Scale
Fii7dbuth Fiver
NS
AN
Homeowners Assoc.
x
O
munity Boat
1
L-liiiibcth River
30
• The .applicant requests a Conditional Use Permit to allow
development of the site for a community boat dock for use of the
homeowners of the Jonathan's Cove neighborhood.
• The community boat dock will provide a means of temporarily
mooring boats, as well as enjoying the water for activities such as
crabbing and fishing for all residents of this community.
• The requested pier is proposed with dimensions of 5' x 60' long. At
the end of the pier, a 6' x 16' floating dock is also proposed.
• Boat dock area will be gated and locked when not in use.
Evaluation and Recommendation:
• Planining Staff recommended approval
• Planning Commission recommends approval (11-0)
• No opposition (Consent Agenda).
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Jonathans Cove Homeowners Association for a Conditional
Use Permit for a community pier on property located at 405 Behl Court (GPIN
1457300378). DISTRICT 2 — KEMPSVILLE
MEETING DATE: May 27, 2008
■ Background:
The applicant requests a Conditional Use Permit to allow the construction of a
community boat dock for use of the homeowners of the Jonathan's Cove
neighborhood. This site was rezoned from B-4 to R -5S in 1994. At that time,
there was an approved site plan for 164 condominium units on this site. The
subject site, Lot 3, 405 Behl Court, was never developed; there is an existing
boat ramp on the site for the use of the residents.
■ Considerations:
The homeowners' association is requesting that this lot be developed with a
community pier for use of the residents and their guests. The proposed pier is
five (5) feet wide by 60 feet long (5' x 60'). At the end of the pier, a six (6) foot by
16 foot (6'x 16') floating dock is also proposed.
While there are at least 12 existing private piers already within the 29 unit, single-
family condominium development, the homeowners' association is requesting a
76 -foot long pier with floating dock, as many of the properties do not have deep
water access at low tide. The applicant notes that at low tide periods, it is virtually
impossible for watercraft, both motorized and non -motorized, to maneuver in and
out of the majority of the property. The community boat dock will provide a
means of temporarily mooring boats, as well as enjoying the water for activities
such as crabbing and fishing for all residents of this community. The pier will be
gated and locked at all times when not in use. The conditions below ensure that
this new community pier will serve all residents of this development and
potentially reduce the need for additional piers within this neighborhood. The
Virginia Marine Resources Commission will also review this proposal and will
make a determination as to its appropriateness and future pier needs of the
neighborhood.
The Planning Commission placed this item on the consent agenda because the
pier will allow all residents access to deep water during low tide, provide
Jonathans COVE! Homeowners' Association
Page 2of2
temporary mooring of boats and a place for the community to crab and fish, and
there was no opposition.
■ Recommendations:
The Plainning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
The location of the community boat dock shall be limited to 405 Behl Court,
and shall be constructed in substantial conformance with the conceptual plan
entitled, "SITE PLAN for Jonathans Cove (HOA), 405 Behl Court, Virginia
Beach, VA 23464," prepared by Richard T. Bartlett, P.E., dated 12/17/07,
which has been exhibited to the Virginia Beach City Council and is on file with
the Virginia Beach Planning Department.
2. The use of the community boat dock shall be limited to the residents and
guests of the Jonathans Cove neighborhood. The property, identified in
Condition 1 above, shall be maintained and kept free of debris and trash by
the homeowners' association and/or the residents of Jonathans Cove.
3. No commercial use of the boat dock shall be permitted.
4. The boat dock is subject to all applicable federal, state, and local rules and
regulations. All permits required under such rules and regulations shall be
obtained prior to construction and use of the dock.
■ Attachrrients:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency:Planning Department
City ManagerF , I'--
W-Xz,
JONATHANS COVE
HOMEOWNERS'
ASSOCIATION
Agenda Item 12
April 9, 2008 Public Hearing
Staff Planner: Carolyn A.K. Smith
REQUEST:
Conditional Use Permit for a community boat dock
ADDRESS / DESCRIPTION: 405 Behl Court
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14573003780000 2 — KEMPSVILLE 0.31 acres
The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST
development of the site for a community boat dock for use of
the homeowners of the Jonathan's Cove neighborhood. This site was rezoned from B-4 to R -5S in 1994.
There were no proffers attached to that rezoning. At that time, there was an approved site plan for 164
condominium units on this site. That plan was not subject to the provisions of the Chesapeake Bay
Preservation Area Ordinance. The subject site, Lot 3, 405 Behl Court, was never developed; however,
there is an existing boat ramp on the site for the use of the residents. The homeowners' association is
requesting that this lot be developed with a community pier for use of the residents and their guests. The
requested pier is proposed with dimensions of five (5) feet wide by 60 feet (5' x 60') long. At the end of
the pier, a six (6) foot by 16 foot (6'x 16') floating dock is also proposed.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped vacant site with an existing concrete boat ramp
SURROUNDING LAND North: . Elizabeth River
USE AND ZONING: South: . Single-family dwellings / R -5S Residential District
East: . Single-family dwellings / R -5S Residential District
West: . Elizabeth River, Military Highway
JONATHANS COVE
Agenda Item 12
Page 1
NATURAL RESOURCE AND The site is located within the Chesapeake Bay watershed, specifically
CULTURAL FEATURES: the Resource Protection Area (RPA), which is the most stringently
regulated property in the Chesapeake Bay watershed. A variance for the
development of the neighborhood, covering 8.8 acres of uplands with 35
lots, was approved by the Chesapeake Bay Preservation Area Board on
April 25, 1994.
AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
There is not articipated to be any significant continuing impact on City services.
Recommendation: EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the conditions below.
Evaluation:
While there are: at least 12 existing private piers already within the 29 unit, single-family condominium
development, the homeowners' association is requesting a 76 -foot long pier with floating dock, as many
of the properties do not have deep water access at low tide. Of the 29 lots in the development, the
applicant states that only eight (8) have deep water access. The applicant notes that at low tide periods, it
is virtually impossible for watercraft, both motorized and non -motorized, to maneuver in and out of the
majority of the property. The community boat dock will provide a means of temporarily mooring boats, as
well as enjoying the water for activities such as crabbing and fishing for all residents of this community.
The pier will be; gated and locked at all times when not in use. The conditions below ensure that this new
community pier will serve all residents of this development and potentially reduce the need for additional
piers within this neighborhood. The Virginia Marine Resources Commission will also review this proposal
and will make a determination as to its appropriateness and future pier needs of the neighborhood. The
use of a single pier to serve many land owners lessens the disturbance to the environmental features as
the development activity is concentrated into a single area. In addition, the use of a community pier
reduces the potential for conflicts between docks and watercraft. While no additional improvements to the
site are propo:,ed at this time, any further non -water dependent improvements for parking, gazebos, etc.,
will require review and approval through the Chesapeake Bay Preservation Area Ordinance process.
CONDITIONS
1. The location of the community boat dock shall be limited to 405 Behl Court, and shall be constructed in
substantial conformance with the conceptual plan entitled, "SITE PLAN for Jonathans Cove (HOA),
405 Behl Court, Virginia Beach, VA 23464," prepared by Richard T. Bartlett, P.E., dated 12/17/07,
JONATHANS COVE
Agenda Item 12
Page 2
which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Planning Department.
2. The use of the community boat dock shall be limited to the residents and guests of the Jonathans
Cove neighborhood. The property, identified in Condition 1 above, shall be maintained and kept free
of debris and trash by the homeowners' association and/or the residents of Jonathans Cove.
3. No commercial use of the boat dock shall be permitted.
4. The boat dock is subject to all applicable federal, state, and local rules and regulations. All permits
required under such rules and regulations shall be obtained prior to construction and use of the dock.
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.
JONATHANS COVE
Agenda Item 12
Page 3
SAS
CLeea
PROPOSED
SW PIER'
EXISTING
CONCRETE-]
JRPOSE: ACCESS
1TUM: IdLW 0.00'
1JACENT PROPERTY OWNERS'
CHEN
RESSLER
N
`Z EASTERN BRANCH
ELIZABETH RIVER Z
NOTE:
ACCESS BY WATER
(MATERIALS AND EQUIPMENT)
PROPOSED SMIr
FLOATING DOCK
WITH A 4k12' RAMP
FOR ACCESS
EXISTING MARSH
— GRASS TO REMAIN
UNDISTURBED .el
g
1i6,'V
75,106'
,M -yr
,�Ps� seep* M6 er'bpte�gb plc a
SITE PLAN
FOR
JONATHANS COVE (HOA)
405 BEHL COURT
VIRGINIA BEACH, VA 23464
SCALE 1 401
EXISTING
RIP RAP
) CHARD T. EAWMECi'
Isla 34335
ABOVE GROUND
ELECTRICAL UTILITY BOX
dtl,b dyFt Contractor a„toor omw dum VOW
an uOkiss *r nZ
IN: EASTERN BRANCH OF
RIVER
AT: JONATHANS COVE
CRY: VIRGINIA BEACH
STATE: VIRGINIA
DATE: 12447 SHEET NO.
SITE PLAN SHOWING
PROPOSED DOCK
FACILITIES
JONATHANS COVE
Agenda Item 12
Page 4
0.00•
G'
r DIA x 25' PLEB 2M CCA
8' ON CENTER (TYP) DRNEN
TO MIN. 50% PENETRATION 2'x r DECKITIG
r x 0" STRINGERS
PILE GUIDES AW CCA
IM CCA (TVP )
W/ ROUMM
0 0
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NAILER
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FLOAT DRUNIS
x 2
8.0' ON CENTER ENDTO END
LW ENTM NDTO
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. SCALE: 3/Q': == 1.0'
hwpYaewslbrpeaNtprpawrgij+• Moaale�h+ailar�.aeoa�psAiwet�laoad�atti.M�. Oai.aonnBbraNner�lrilvay
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ORPOSE: ACCESS EASTERN BRANCH OF ELIZABETH'
Pott RNER
UlW: MLW OAO' T: JONATHANS CONE
JONATHANS COVE (HOA) VIRGINIA BEACH
)IACENT PROPERTY OWNERS: 406 BEHL COURT TATE: VIRGINIA
CHEM VIRGINIA BEACH, VA 23464
RESSLER ATE: 12-&07 SHEET NO. 4 OF 4
DETAIL OF PROPOSED PIER
JONATHANS COVE
Agenda Item 12
Page 5
DETAIL OF PROPOSED PIER
JONATHANS COVE
Agenda Item 12
Page 6
H
:
R�l1SD/ 8�111:fLS1T
FOR PIER DECK
SEE PLAN
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——
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SCARF: 112" • V
*Irk 6M�1101141�
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frwactiEairexelals>tecoanT."
PURPOSE: ACCESS
PIER SECTION
DATUM: MLYY 0.00'
P0�
EASTERN BRANCH OF ELIZABETH
RIVER
ADJACENT PRO12ERYY OWNERS:
JONATHANS COVE (HOA)
405 BEHL COURT
T: JONATHANS COVE
VIRGINIA BEACH
1) CHEN
2) RESSLER
VIRGINIA BEACH, VA 23484
TATE: VIRGINIA
TE: 12.6.07 SHRET NO. 3 OF 4
DETAIL OF PROPOSED PIER
JONATHANS COVE
Agenda Item 12
Page 6
1 1 11/22/94 1 CHANGE OF ZONING B-4 to R -5S Granted
ZONING HISTORY
JONATHANS COVE
Agenda Item 12
Page 7
DISI�OLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. Lisl the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
JONATHANS COVE HOMEOWNERS ASSOCIATION
(SEE ATTACHED)
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
N/A
® 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)
N/A
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
N/A
❑ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
=&—sc:e next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes No'OC`
If yes, what is the name of the official or employee and the nature of their interest?
_'"LA
APZ-1 Cond tional Use Permit Application
Page 7 of H
Revised 40,12007
JONATHANS COVE
Agenda Item 12
Page 8
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)
FLINT CONSTRUCTION COMPANY
' "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 Gose 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.
Applicant's Signatures
Jonathans Cove HOA/Paul Mongo
Print Name
Property Owner's Signature (if different than applicant) Print Name
APZ-1 Conditional Use Permit Application
Page 8 of 8
Revised 4/26.WQ7
JONATHANS COVE
Agenda Item 12
Page 9
M
hinuary 2, 2008
Virginia Beach Planning Commission
Attention: Ms. Carolyn Smith
Department of Planning
Room 115, Building 2
2405 Courthouse Drive
Virginia Beach, Virginia 23456
Dear Ms. Smith:
Attached is the Board of Directors for the Jonathans Cove HOA:
Beard of Directors:
President: David Wozniak
Vice President: Carla Sobota
Treasurer: Chris Shepherd
Members: Paul Mongo
Pat Ally
The Board of Directors for Jonathans Cove HOA met on October 2, 2007 and
unanimously voted to have a pier & floating dock installed for the community. The
meeting was held at 7:00 p.m. at 6312 Jonathans Cove Drive.
Should you have any questions or require additional information, please do not hesitate to
amtact the undersigned.
Sincerely:
Flint Construction
Project Coordinator
3712 Adams Street
Portsmouth, Virginia 23703
(757)468-2277
Fax(757)468-2299
chrisfli@msn.com
DISCLOSURE STATEMENT
JONATHANS COVE
Agenda Item 12
Page 10
Item #12
Jonathans Cove Homeowners Association
Conditional Use Permit
405 Behl Court
District 2
Kempsville
April 9, 2008
CONSENT
Joseph Strange: The next matter is agenda item 12, Jonathans Cove Homeowners
Association. An application for a Conditional Use Permit for a community pier on property
located at 405 Behl Court, District 2, Kempsville, with four conditions.
Angela Walker: Good afternoon members. I'm Angela Walker, on behalf of Flint
Construction Company. We have read the conditions and agree.
Joseph Strange: Okay. Thank you. 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 applicant requests a Conditional Use Permit to allow development on the
site of the community boat dock for use for the homeowners of the Jonathan Cove
neighborhood. The subject site lot 3 has never been developed. However, there is an existing
boat ramp on the site for the use of the residents. The requested pier is proposed with the
dimensions of five foot wide and sixty foot long, and at the end of the pier, a 6' x 16' floating
dock is also proposed. While there are at least 12 existing private piers already on the 29 unit
single-family development, the homeowners are requesting this pier with floating dock as
many of the properties do not have deep water access at low tides. The Virginia Marine
Resources Commission will also review this proposal to determine if it is appropriate and
also for future pier needs in the neighborhood. Therefore, we request approval of the
Conditional Use Permit, and put this on the consent agenda.
Joseph Strange: Thank you Henry. Chairman, I have a motion to approve agenda item 12.
Janice Anderson: Do I have a second? A motion made by Joe Strange and a second by
Kathy Katsias.
AYE 11 NAY 0
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
ABS 0 ABSENT 0
Item #12
Jonathans Cove Homeowners Association
Page 2
LIVAS
AYE
REDMOND
AYE
RUSSO
AYE
STRANGE
AYE
Ed Weeden: By a vote of 11-0, the Board has approved item 12 for consent.
W
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mow"~
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of T -Mobile Northeast, L.L.C. for a Conditional Use Permit for a
communication tower on property located at 4863 Baxter Road (GPIN
1476172849). DISTRICT 2 — KEMPSVILLE
MEETING DATE: May 27, 2008
■ Background:
The applicant requests a Conditional Use Permit to construct a 140 -foot high
monopole communications tower on the subject site. The requested tower will
enhance wireless service for the Baxter Road / Princess Anne Road service
area.
■ Considerations:
The nearest tower to this site is an existing monopole structure located at the
Dominion Virginia Power facility at Baxter Road and Princess Anne Road.
Dominion Virginia Power has indicated that there is no additional space on that
structure to accommodate T -Mobile's antennas.
The proposed tower will be a 140 -foot high structure and designed for up to three
sets of antennas. The applicant submitted the required structural report indicating
that the proposed tower's design meets the requirements of the International
Building Code. The applicant also submitted a Nonionizing Electromagnetic
Radiation Report (NIER), indicating that emissions do not result in ground level
exposure at any point outside the facility and is within compliance with all
regulatory agencies and standards.
Staff concludes that this location represents the best alternative for the need.
The proposed tower satisfies the criteria for wireless communication facility
locations in Section 232 of the City Zoning Ordinance.
The Planning Commission placed this item on the consent agenda because this
tower will provide additional coverage for the Princess Anne Road and Baxter
Road area, the proposal meets the criteria specified in Section 232 of the City
Zoning Ordinance, and there was no opposition.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
T -Mobile Northeast, L.L.C.
Page 2 of 3
1. When developed and installed, the antennas shall be in substantial
confarmance with the antenna depicted on the plans entitled, "T -Mobile
northeast, LLC "Allsafe Self Storage RL" Transmission Tower, "VA5050 1 A
dated 2/23/07, prepared by Atlantis Group, Inc.
2. The tower shall be limited in height to 140 feet. In no instance shall the
antennas be installed higher than the existing 140 -foot high transmission
tower.
3. The applicant shall install either a black vinyl -coated chain-link fence or a
solid wood privacy fence around the proposed telecommunication tower
and/or ground equipment depicted on the final site plan, with final approval at
the discretion of the Planning Director. No barbed wire shall be permitted.
Landscaping around the tower shall comply with the City of Virginia Beach
requirements.
4. No signs indicating the location of this facility are allowed.
5. Unless a waiver is obtained from the City of Virginia Beach Department of
Communications and Information Technology (COMIT), a radio frequency
emissions study (RF Study), conducted by a qualified engineer licensed to
practice in the Commonwealth of Virginia, showing that the intended user(s)
will not interfere with any City of Virginia Beach emergency communications
facilities, shall be provided prior to site plan approval for the tower and all
subsequent users.
6. In the, event interference with any City of Virginia Beach emergency
communications facilities arises from the users of this tower, the user(s) shall
take all measures reasonably necessary to correct and eliminate the
interference. If the interference cannot be eliminated within a reasonable time,
the user shall immediately cease operation to the extent necessary to stop
the interference.
7. The Director of Planning may allow the installation of a type of antennas
different from that shown on the plans described in Condition 1 if the Director
determines that the proposed antenna type will not result in any undue impact
beyond the antenna type shown in the plan described in Condition 1 and a
structural report is submitted from a licensed structural engineer stating that
the tower, with the proposed antennas, meets the structural standards
established by the Electronics Industry Association and the local building
code.
8. Should the antennas cease to be used for a period of more than one (1) year,
the applicant shall remove the antennas and related equipment.
T-Mobile Northeast, L.L.C.
Page 3 of 3
■ 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 i �V
City Manager: , 7:0 tNl�
T -MOBILE
NORTHEAST; LLC
Agenda Item 13
April 9, 20011 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Conditional Use Permit for a communications
tower.
ADDRESS / DESCRIPTION: Property located at 4863 Baxter Road
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14761728490000 2 - KEMPSVILLE 3.23 acres
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to construct a
140 -foot high monopole communications tower on the subject site. The requested tower will enhance
wireless service for the Baxter Road / Princess Anne Road service area.
The nearest tower to this site is an existing monopole structure located at the Dominion Virginia Power
facility at Baxter Road and Princess Anne Road. Dominion Virginia Power has indicated that there is no
additional space on that structure to accommodate T -Mobile's antennas.
LAND USE AND ZONING INFORMATION
EXISTING LAIVD USE: Commercially developed site
SURROUNDING LAND North: . Across Baxter Road is multi -family dwellings / A-12 Apartment
USE AND Z014ING: District
South: . Golf course of Kempsville Greens condos / PD -H2 (P-1)
Preservation District
East: . Cultural Center / 0-2 Office District
West: . Office / 0-2 Office District
NATURAL RESOURCE AND There are no known significant natural resources or cultural features on
CULTURAL FEATURES: this site, as it is almost entirely impervious.
T -MOBILE NORTHEAST, LLC
Agenda Item 13
Page 1
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): Traffic
Engineering believes the proposed use will not generate traffic volumes greater than those within the existing
residential neighborhood.
WATER and SEWER: No impact.
Recommendation: EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the conditions below.
Comprehensive Plan:
The Comprehensive Plan recognizes this area as being within the Primary Residential Area. The land use
planning policies and principles for the Primary Residential Area focus strongly on preserving and
protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located
in this area. 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.
The proposed conditional use permit for a cellular telephone antenna is compatible with the land use
planning policies of the Comprehensive Plan.
Evaluation:
The request of the communication tower to be located on this property is recommended for approval. As
the proposed tower will be a 140 -foot high structure and designed for up to three antennas, it is Staff's
conclusion, as well as that of the Communication Tower Committee, that this location represents the best
alternative for the need in service. The proposed tower satisfies the criteria for wireless communication
facility locations in Section 232 of the City Zoning Ordinance.
Section 232 of the City Zoning Ordinance requires that no tower be closer to a residential structure than
125 percent of the total height of the tower and antennae. As the proposed antenna will be on the existing
tower at 140 feet, no dwellings can be within 175 feet of the base of the tower. There are no dwellings
within this distance of the proposed tower.
Section 232(b)(1) of the City Zoning Ordinance stipulates the minimum setback requirement from the
base of the tower to any property line abutting a residential use or district must be equal to 110 percent of
the height of the tower, or in this case, 154 feet. There are no residential property lines within the
minimum 154 foot setback.
T -MOBILE NORTHEAST, LLC
Agenda Item 13
Page 2
The applicant :submitted the required structural report indicating that the proposed tower's design meets
the requirements of the International Building Code. The applicant also submitted a Nonionizing
Electromagnet c Radiation Report (NIER), indicating that emissions do not result in ground level exposure
at any point outside the facility and is within compliance with all regulatory agencies and standards.
In sum, staff concludes that the proposed tower is consistent with the standards provided in the City
Zoning Ordinance for wireless communication towers.
CONDITIONS
1. When developed and installed, the antennas shall be in substantial conformance with the antenna
depicted on the plans entitled, "T -Mobile northeast, LLC "Allsafe Self Storage RL" Transmission
Tower,"VA50501 A dated 2/23/07, prepared by Atlantis Group, Inc.
2. The to'Ner shall be limited in height to 140 feet. In no instance shall the antennas be installed higher
than the existing 140 -foot high transmission tower.
3. The applicant shall install either a black vinyl -coated chain-link fence or a solid wood privacy fence
arounc the proposed telecommunication tower and/or ground equipment depicted on the final site
plan, with final approval at the discretion of the Planning Director. No barbed wire shall be permitted.
Landscaping around the tower shall comply with the City of Virginia Beach requirements.
4. No signs indicating the location of this facility are allowed.
5. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and
Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a
qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended
user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be
provided prior to site plan approval for the tower and all subsequent users.
6. In the event interference with any City of Virginia Beach emergency communications facilities arises
from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and
eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user
shall immediately cease operation to the extent necessary to stop the interference.
7. The Director of Planning may allow the installation of a type of antennas different from that shown on
the plans described in Condition 1 if the Director determines that the proposed antenna type will not
result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a
structural report is submitted from a licensed structural engineer stating that the tower, with the
proposed antennas, meets the structural standards established by the Electronics Industry Association
and this local building code.
8. Should the antennas cease to be used for a period of more than one (1) year, the applicant shall
remove the antennas and related equipment.
T -MOBILE NORTHEAST, LLC
Agenda Item 13
Page 3
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.
T -MOBILE NORTHEAST, LLC
Agenda Item 13
Page 4
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T -MOBILE NORTHEAST, LLC
Agenda Item 13
Page 5
FENCE
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T -MOBILE NORTHEAST, LLC
Agenda Item 13
Page 6
PI
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T -MOBILE NORTHEAST, LLC
Agenda Item 13
Page 7
Signal Strength
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Current service without VA50501A
T -MOBILE NORTHEAST, LLC
Agenda Item 13
Page 8
Signal Strength
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Service to be provided by VA50501A together with service provided by existing sites
T -MOBILE NORTHEAST, LLC
Agenda Item 13
Page 9
R
%�,
)CLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. L st the applicant name followed by the names of all officers, members, trustees
partners, etc. below: (Attach list if necessary)
T -Mobile Northeast, LLC <,u G f 4 c< I,, N J
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
❑ C heck 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. Li st the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
Baxter Storage Co, LLC �� - Gcf L /-A /I\
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
❑ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
:gee next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes No
If yes, what is the name of the official or employee and the nature of their interest?
Conditional Use Permit Application
Page 9 of 10
Revised 11'1612006
T -MOBILE NORTHEAST, LLC
Agenda Item 13
Page 11
DISCLOSURE STATEMENT 11
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Right Coast Consulting / William Gambrell
' "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
4anning to photograph and view ate for purposes of processing and evaluating this application.
/`1. &CA 2-e / r A ear
A Icant's Signature Print Name
Property Owner's Sig atu ( different than applicant) Print Name
Conditional Use Permit Application
Page 10 of 10
Revised 11/16/2006
T -MOBILE NORTHEAST, LLC
Agenda Item 13
Page 12
UISCLOSIfRE STATEMENT
OMNI -POINT COMMUNICATIONS. CAP OPERATIONS
1'/A T -MOBILE
CHAIRMAN
PRESIDENT AND CHIEF EXECUTIVE OFFICER
SVP. GENERAL COUNSEL AND SECRETARY
EVP AND CHIEF FINANCIAL OFFICER:
EVP AND CHIEF TECHNICAL OFFICER:
JOIIN STANTON
ROBERT DOTSON
DAVE MILLER
BRIAN KIRKPATRICK
TIM WONG
T -MOBILE NORTHEAST, LLC
Agenda Item 13
Page 13
FROM: JEFF DONNLD DFVLLOP\IEN'I' \JAN'A(7FR T -Mobile (.SA
I() KAREN PROCHILO CITY PLANNER
KL-. BILL GAMBRELf AGENT FOR 'I -MOBILE Cl ; P
D \ FF FEBRUARY 7. 2007
Nis. 11rochilo.
Bill Gambrcll asked that I send you a note acknowledging that he is an mdependent
conuacto,'agent representing T -Mobile for the above referenced project.
Atr 0ambrell has been acting as an agent for'l-Alobile projects in Virginia Rcach for a
number ol'years. He has a contract with us to coordiiiate and represent zonnig
applications, site plan reviews and to request building permits for our projerrs
If you need any additional information you can contact me directly at 757 490-7240
.lel rOonald
De%elopmew \lanager
TAlobile t'SA
DISCLOSURE STATEMENT
T -MOBILE NORTHEAST, LLC
Agenda Item 13
Page 14
Item #13
T -Mobile Northeast, L.L.C.
Conditional Use Permit
4863 Baxter Road
District 2
Kempsville
April 9, 2008
141610Malztl
Joseph Strange: The next matter is item 13, which is T -Mobile Northeast, L.L.C. An
application for a Conditional Use Permit for a communications tower on property located at
4863 Baxter Road, District 2, Kempsville, with eight conditions.
Bill Gambrell: Good afternoon Madame Chairman and members of the Commission. I have
a quick side minui:e. First I will tell you that my name is Bill Gambrell and I represent the
applicant. I absolutely agree to the conditions. I'm glad to be on your consent agenda. But I
did have to commend Mr. Redmond for introducing everyone, and Mr. Bernas, and his
explanation of the rules. I just sat through a bunch of these, and just learned to appreciate
them a little bit more today. The other observation that I have for you is this is an application
for a communications tower that has been submitted to the Committee that you have heard
about. There are some regulation changes, and my observation for you today on those
changes are that many of them are things that we should do on a regular basis. I don't think
you are going to see a lot of quarrel on them. There are some other things in the changes that
the carriers, and you may want to talk to Stephen (White) about it, he sent a note to all of
them (the carriers', and some of the consultants as well. Much of what they have done is
what they have been asking for on a regular basis. Thank you very much for being on the
consent agenda.
Joseph Strange: Thank you. 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 applicant requests a Conditional Use Permit to construct a 140' high
communication tower on the subject site. The request tower will enhance the wireless
service for the Bw ter Road and the Princess Anne Road service area. Incidentally, we do
have a tower located nearby at the Dominion Virginia Power facility but that one is at full
capacity now, so Herefore it necessitated a new tower. The Comprehensive Plan recognizes
this area as being within the primary residential area. The proposed Conditional Use Permit
for a cellular telephone antenna is compatible with the land use planning purposes of the
Comprehensive Plan. The tower will not be intrusive to visual aesthetics. It is selected
because this location is the best location for this particular tower. There are no residential
property lines within the minimal 154 foot setback, so therefore the proposal meets all of the
requirements of the City Zoning Ordinance for wireless communication towers. Therefore,
we put it on the consent agenda.
Joseph Strange: Thank you Henry. Chairman, I have a motion to approve agenda item 13.
Item #13
T -Mobile Northeast, L.L.C.
Page 2
Janice Anderson: Do I have a second? A motion made by Joe Strange and a second by
Kathy Katsias.
Ed Weeden: By a vote of 11-0, the Board has approved item 13 for consent.
AYE 11 NAY 0 ABS 0 ABSENT 0
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
RUSSO
AYE
STRANGE
AYE
Ed Weeden: By a vote of 11-0, the Board has approved item 13 for consent.
NTELGS
CUP for Communication Tower
Relevant Information:
Applicant requests a Conditional Use Permit to install antennas on
an existing 116 -foot tall Virginia Power transmission tower.
Equipment shelter will be located at the base of the tower, enclosed
with opaque fencing and landscaping.
City committee reviewed and found no public facilities or other sites
workable as an alternative.
Provisions of Section 232 of the Zoning Ordinance have been met.
Evaluation and Recommendation:
• Planning Staff recommended approval
•
Planning Commission recommends approval (11-0)
• No opposition (Consent Agenda).
z
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of nTelos for a Conditional Use Permit for a communication
tower on property located at 5505 Parliament Drive (GPIN 1467239352). DISTRICT
2 — KEMPSVILLE
MEETING DATE: May 27, 2008
■ Background:
The applicant requests a Conditional Use Permit to allow up to three (3)
communications antennas on a Virginia Dominion Power high-voltage
transmission tower. The existing tower is located on residentially zoned property
within an 80 -foot wide Dominion Virginia Power easement.
■ Considerations:
The transmission tower is 116 feet in height. The antennas will be mounted so
as to not exceed this height. The proposed equipment cabinets on the ground will
be located within the footprint of the existing Dominion Virginia Power tower on a
six (6) foot by ten (10) foot (6' x 10') concrete slab. Staff has recommended a
condition for landscaping beyond the minimum requirements to buffer the
proposed equipment on the ground.
As the proposed antennas will be located on an existing 116 foot high structure,
this addition will be a better alternative than constructing a stand-alone tower.
The applicant submitted the required structural report indicating that the existing
tower's design meets the requirements of the International Building Code and a
Nonionizing Electromagnetic Radiation Report (NIER) indicating that emissions
will not result in ground level exposure at any point outside the facility and is
within compliance with all regulatory agencies and standards.
Section 232 of the City Zoning Ordinance requires that no tower be closer to a
residential structure than 125 percent of the total height of the tower and
antennas. As the proposed antennas will be on the existing tower of 116 feet, no
dwellings should be within 145 feet of the base of the tower. There are up to two
(2) dwellings within the 145 foot radius of the center of the tower: one (1) dwelling
at approximately 142 feet (the property on which the easement is located) and a
second dwelling much closer, at approximately 95 feet, to the east. Also, Section
232(b)(1) of the City Zoning Ordinance stipulates that the minimum setback
requirement from the base of the tower to any property line abutting a residential
use or district must be equal to 110 percent of the height of the tower, or in this
Ntelos
Page 2of3
case, 1;27 feet. In this instance, not only does the tower abut residentially zoned
property but it located on residentially zoned property. The residential property
line to the east does not meet the minimum 127 foot setback as it is
approximately 60 from the tower's base.
Section 221(1) of the City Zoning Ordinance, however, allows, in specific
instances as part of a Conditional Use Permit, that dimensional requirements
may be modified if it is determined that the deficiencies are offset by the proposal
itself or by attached conditions that ensure the proposal is compatible to the
surrounding area. Since the tower on which the antennas will be located already
exists, ;staff concludes that the setback requirements in the ordinance have
applicability only to the degree that they emphasize the necessity of enhanced
buffering of the ground facilities from the adjoining properties.
The Planning Commission placed this item on the consent agenda because the
addition of three antennas to a Dominion Virginia Power tower is the best
alternative to fill the needs of the community, the proposal meets the criteria of
Section 232 of the City Zoning Ordinance, and there was no opposition.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. When installed, the antennas shall be in substantial conformance with the
antennas depicted on the plan entitled, "Telecommunications Facility
Newtown Transmission Tower," dated 1/26/08, prepared by TECTONIC
Engineering Consultants, P.C.
2. The Director of Planning may allow the installation of a type of antenna
different from that shown on the plans described in Condition 1 if the Director
determines that the proposed antenna type will not result in any undue impact
beyond the antenna type shown in the plan described in Condition 1 and a
structural report is submitted from a licensed structural engineer stating that
the tower, with the proposed antennas, meets the structural standards
established by the Electronics Industry Association and the local building
code,
3. In no instance shall the antennas be installed higher than the existing 116 -
foot high transmission tower.
4. In addition to the landscaping depicted on the Plan identified above in
Condition 1, a second hedge consisting of evergreen shrubs planted at four
(4) feet on center shall be planted along the eastern property line.
5. Any fence and gate introduced around the proposed telecommunication tower
and/or ground equipment shall be a solid wood privacy fence with a minimum
Ntelos
Page 3 of 3
height of six (6) feet and must be depicted on the final site plan, with final
approval at the discretion of the Planning Director.
6. Unless a waiver is obtained from the City of Virginia Beach Department of
Communications and Information Technology (COMIT), a radio frequency
emissions study (RF Study), conducted by a qualified engineer licensed to
practice in the Commonwealth of Virginia, showing that the intended user(s)
will not interfere with any City of Virginia Beach emergency communications
facilities, shall be provided prior to site plan approval for the tower and all
subsequent users.
7. In the event interference with any City emergency communications facilities
arises from the users of this tower, the user(s) shall take all measures
reasonably necessary to correct and eliminate the interference. If the
interference cannot be eliminated within a reasonable time, the user shall
immediately cease operation to the extent necessary to stop the interference.
8. Should the antennas cease to be used for a period of more than one (1) year,
the applicant shall remove the antennas and related equipment.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager. �.� l ''7:�6z7�
NTELOS
Agenda Item 14
April 9, 2008 Public Hearing
Staff Planner::,arolyn A.K. Smith
REQUEST:
Conditional Use Permit for communications
antennas on top of an existing power high-
voltage transmission tower.
WN
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my
VVIAL
CUP for Coa munication Tower
ADDRESS / DESCRIPTION: Property located at 5505 Parliament Drive
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14672393520600 2 - KEMPSVILLE 30,558 square feet
The applicant requests a Conditional Use Permit to allow up to SUMMARY OF REQUEST
three (3) communications antennas on a Virginia Dominion
Power high-voltage transmission tower and a six (6) by ten (10) foot (6'x 10') equipment pad. The tower
is located on residentially zoned property within an 80 -foot wide Dominion Virginia Power easement. The
transmission tower is 116 feet in height. The antennas will be mounted so as to not exceed this height.
The proposed equipment cabinets on the ground will be located within the footprint of the existing
Dominion Virginia Power tower on a six (6) foot by ten (10) foot (6'x 10') concrete slab.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: single family dwelling
SURROUNDING LAND North: . Parliament Drive
USE AND ZONING: . Single-family dwellings / R-10 Residential District
South: . Single-family dwellings / R-7.5 Residential District
East: • Paper street
• Single-family dwellings / R-10 Residential District
West: . Single-family dwellings / R-10 Residential District
NATURAL RESOURCE AND The property is located within the Chesapeake Bay watershed.
NTELOS
Agenda Item 14
Page 1
CULTURAL FEATURES:
AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
Recommendation: EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the conditions below.
Evaluation:
The request for the addition of communication antennas on a Dominion Virginia Power high-voltage
transmission tower is recommend for approval. As the proposed antennas will be located on an existing
116 foot high structure, Staff, as well as the members of the Communication Tower Committee, conclude
that this addition will be a better alternative to constructing a stand-alone tower.
The proposed tower will be located on an existing Dominion Virginia Power structure, satisfying the
criteria for less intrusive locations for wireless communication facilities. The applicant submitted the
required structural report indicating that the existing tower's design meets the requirements of the
International Building Code and a Nonionizing Electromagnetic Radiation Report (NIER) indicating that
emissions will not result in ground level exposure at any point outside the facility and is within compliance
with all regulatory agencies and standards.
Section 232 of the City Zoning Ordinance requires that no tower be closer to a residential structure than
125 percent of the total height of the tower and antennas. As the proposed antennas will be on the
existing tower of 116 feet, no dwellings should be within 145 feet of the base of the tower. Information
provided by the applicant depicts up to two (2) dwellings within the 145 foot radius of the center of the
tower: one (1) dwelling at approximately 142 feet (the property on which the easement is located) and a
second dwelling much closer, at approximately 95 feet, to the east. Also, Section 232(b)(1) of the City
Zoning Ordinance stipulates that the minimum setback requirement from the base of the tower to any
property line abutting a residential use or district must be equal to 110 percent of the height of the tower,
or in this case, 127 feet. In this instance, not only does the tower abut residentially zoned property but it
located on residentially zoned property. The residential property line to the east does not meet the
minimum 127 foot setback as it is approximately 60 from the tower's base.
Section 221(1) of the City Zoning Ordinance, however, allows, in specific instances as part of a
Conditional Use Permit, that dimensional requirements may be modified if it is determined that the
deficiencies are offset by the proposal itself or by attached conditions that ensure the proposal is
compatible to the surrounding area. Since the tower on which the antennas will be located already exists,
Staff concludes that the setback requirements in the ordinance have applicability only to the degree that
they emphasize the necessity of enhanced buffering of the ground facilities from the adjoining properties.
The crash hazard of the tower, which the setback requirements are intended for, cannot be addressed
since the tower already exists. Staff has recommended a condition for landscaping beyond the minimum
requirements in an effort to negate the impacts to the property to the east. This screening will aid in
buffering the proposed equipment on the ground.
NTELOS
Agenda Item 14
Page 2
CONDITIONS
1. When installed, the antennas shall be in substantial conformance with the antennas depicted on the
plan entitled, "Telecommunications Facility Newtown Transmission Tower," dated 1/26/08, prepared
by TECTONIC Engineering Consultants, P.C.
2. The Director of Planning may allow the installation of a type of antenna different from that shown on
the plans described in Condition 1 if the Director determines that the proposed antenna type will not
result in any undue impact beyond the antenna type shown in the plan described in Condition 1 and a
structural report is submitted from a licensed structural engineer stating that the tower, with the
proposed antennas, meets the structural standards established by the Electronics Industry Association
and the local building code.
3. In no instance shall the antennas be installed higher than the existing 116 -foot high transmission
tower.
4. In addition to the landscaping depicted on the Plan identified above in Condition 1, a second hedge
consisting of evergreen shrubs planted at four (4) feet on center shall be planted along the eastern
property line.
5. Any fence and gate introduced around the proposed telecommunication tower and/or ground
equipment shall be a solid wood privacy fence with a minimum height of six (6) feet and must be
depicted on the final site plan, with final approval at the discretion of the Planning Director.
6. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and
Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a
qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended
user(s;i will not interfere with any City of Virginia Beach emergency communications facilities, shall be
provided prior to site plan approval for the tower and all subsequent users.
7. In the event interference with any City emergency communications facilities arises from the users of
this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the
interference. If the interference cannot be eliminated within a reasonable time, the user shall
immediately cease operation to the extent necessary to stop the interference.
8. Shoulc the antennas cease to be used for a period of more than one (1) year, the applicant shall
removes the antennas and related equipment.
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 fc►r crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
NTELOS
Agenda Item 14
Page 3
SITE PLAN
NTELOS
Agenda Item 14
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Agenda Item 14
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Agenda Item 14
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PROPOSED CONFIGURATION OF
ANTENNAS ON TOWER
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Agenda Item 14
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Agenda Item 14
Page 6
1
01/26/99
CUP indoor recreation facility)
Granted
2
08/14/07
CHANGE OF ZONING B-2 to R-20
Granted
3
'10/11/05
CHANGE OF ZONING B-2 to R-20
Granted
4
07/11/06
MOD of CUP communications tower
Granted
5
03/21/83
CHANGE OF ZONING G-2 to 1-1
Granted
6
09/11/07
CUP auto repair)
Granted
7
07/02/02
CUP church addition
Granted
ZONING HISTORY
NTELOS
Agenda Item 14
Page 7
Dominion "iiia PowerpominioW
1
120 TrcdegStreet,Scc, Richmond, VA 23219
Mailing Addms: P.O. Box 26532
Richmond, VA 23261
Web Address: www.dom.com
November 29, 2007
NTelos
Attention: Mr. Mark Cornell
Site Development Manager
Reference: Site RMB5430; Arrowhead If
Dear Mr. Cornell,
This is to inform you that Dominion Structure 262/2, 2018/2 has been analyzed and found that it will be
structurally capable of carrying the loads associated with adding your antenna requirements.
It is my understanding that you will be installing 3 — CSA PCSX065-18-0 panel antennas and 1 —
JAYBEAM LDF4-50A microwave dish mounted flush to the tower legs just below the static wire arm at
approximately 113 feet above ground. This installation will include 61-51W and 1 Ys" coaxial cable feed
lines mounted on one leg of the tower using 'Star Brackets'. The cables will all be flush with the
longitudinal face of the tower.
The Flush mounted antennas and coax cables support system meet the requirements of TIA/EIA 222-F
using a basic wind speed of 110 MPH. The loads related to the mounting system and antennas were
appropriately applied to the Dominion structure.
This structure is a lattice tower designed to support a double circuit transmission line and is considered to
be in like new condition for this analysis. The structure was analyzed using Powerline Systems Inc.,
TOWER, Version 8.22, and in accordance with applicable NESC standards and ASCE manuals 10-90 and
74.
When the Antennas and coax cables are properly installed on the tower, then the structural system is
capable of safely carrying the additional load of the antenna system.
If you have questions related to this project, feel free to contact me at the above address or telephone me
at (804) 819-2422.
Sincerely,
0 Certificate No. x
V 16241 a
yrs/okAt E��
N. J. Lenha ,
Dominion Technical Solutions, Inc.
STRUCTURAL LETTER
NTELOS
Agenda Item 14
Page 8
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicar4 is a corporation, partnership, firm, business, or other unincorporated
organization, -omplete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
See Attached
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
NA
❑ Check herb 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)
NA
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
NA
❑ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes No xx
If yes, what is rhe name of the official or employee and the nature of their interest?
NA
Conditional Use Permit Applicalion
Page 9 of 10
Revised 7/3/2007
NTELOS
Agenda Item 14
Page 9
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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 it necessary)
i
' "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 A.ct Va
Code § 2 2-3101
"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 of commingled funds or assets, the
business entities share the use of the same offices or employees or otherwise share activities.
I 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 §
22-3101
CERTIFICATION: 1 certify that the information contained herein is true and accurate
I undefstand that, upon receipt of notification (postcard) that the applicatK)n has been scheduled for
public hearing I am responsible for obtaining and posting the required sign on the subject properly at
least 30 days prior to the scheduled public hearing according to the instructions in this package -f he
undersigned also consents to entry anon the subject property by employees of the Department of
Planning to photograph a4d v,ew !ho s,te for purposes of processing and evaluating this application
Sign
re fd different than at;p-cawl- - —
tLIAI1Al.a e -
forint Name
(;armer N Vy'ailai r:
Print Name
NTELOS
Agenda Item 14
Page 10
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)
' 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-
sU bsidiary relationship, that exists when (i) one business entity has a controlling ownership
imerest 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
N-tween 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.
1 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.
lican— is 5i na ore 'Print Name
AFP 9
Carmer H. Wallace
Property Owner's Signature (if different than applicant) Print Name
Conditional Use Permit Application
Page 10 of 10
Revised 7/3/2007
NTELOS
Agenda Item 14
Page 11
NTELOS DISCLOSURE INFORMATION
MAY 31, 2007
James S. Quarforth
Carl A. Rosberg
David R. Maccarelli
Michael B. Moneymaker
Mary McDermott
Shirley J. Madison
R.L. McAvoy, Jr
RICHMOND 20MHz, LLC
TRADING AS NTELOS
Chairman and Chief Executive Officer
President
Executive Vice President
Executive Vice President, Chief Financial Officer,
Treasurer and Secretary
Senior Vice President
Assistant Secretary
Vice President
NTELOS
Agenda Item 14
Page 12
Item #14
Ntelos
Conditional Use Permit
5505 Parliament Drive
District 2
Kempsville
April 9, 2008
CONSENT
Joseph Strange: The next item is item 14. An application of Ntelos for a Conditional Use
Permit for a communication tower on property located at 5505 Parliament Drive, District 2,
Kempsville, with eight conditions.
Bill Gambrell: Madame Chairman and members of the Commission, Bill Gambrell. I
represent the applicant for this request as well. I listened at your informal meeting, and we
will absolutely put a wooden gate on the front portion of the site, and agree to all the
conditions that are in the agenda.
Joseph Strange: Thank you very much. Is there any opposition to this matter being placed
on the consent agenda? If not, the Chairman has asked Henry Livas to review this item.
Henry Livas: The applicant requests a Conditional Use permit to allow up to three
communication antennas on a Virginia Dominion high voltage transmission tower. The
existing transmission tower is 116' in height. As the proposed antennas will be located on an
existing 116' structure. Staff as well as members of the Communication Tower Committee
concluded that this is the best alternative for this particular need in the community. The
existing 116' tower does not meet the zoning requirements for distance and setback.
However, the zoning ordinance allows for approval if the deficiencies are offset by the
proposal itself, along with the conditions. We also have a letter from a professional engineer
indicating that the additional load on the tower will not cause any overload, and the tower is
capable of supporting the additional loads. Therefore, we recommend approval of the
requested Conditional Use Permit, and we put it on the consent agenda.
Joseph Strange: Thank you Henry. Chairman, I have a motion to approve agenda item 14.
Janice Anderson: Do I have a second? A motion made by Joe Strange and a second by
Kathy Katsias.
ANDERSON
BERNAS
CRABTREE
HENLEY
HORSLEY
AYE 11 NAY 0
AYE
AYE
AYE
AYE
AYE
ABS 0 ABSENT 0
Item #14
Ntelos
Page 2
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
RUSSO
AYE
STRANGE
AYE
Ed Weeden: By a vote of 11-0, the Board has approved item 14 or consent.
Carolyn Smith
From: Tracy [tmengel@verizon.net]
Sent: Tuesday, April 01, 2008 6:06 AM
To: Carolyn Smith
Pagel of 2
-#1q
NT-F-LDs
Subject: NTELOS Conditional Use Permit - 5505 Parliament Drive (GPIN 1467239352)
Ms. Smith:
Thank you for forwarding me a copy of the proposed NTELOS communication tower plans which is to be located
across the street from me at 5505 Parliament Drive. The reason for my interest is because I received a certified
letter on 3/28/08 advisirg me that there will be a hearing before the Virginia Beach Planning Commission on April
9th, 2008. The hearing will allow me the opportunity to share my opinions and concerns regarding the proposed
communication tower. Per our conversation on Monday, 3/31/08, it is my understanding I can share my concerns
with you via email.
My family has lived in our home located at 5504 Parliament Drive for over ten years. During this time, we have
invested a lot of time, money and energy into our home as this is our major investment. We have remodeled and
updated the entire house as well as added a 500+ square foot addition. So, as you can imagine, we are very
interested in anything that could potentially reduce the value of our property and make our neighborhood a less
desirable place to live.
As evidenced by attached drawings you forwarded, my neighbor has added some very nice landscaping around
the existing Dominion Virginia Power tower where the proposed communication tower is to be located.
Unfortunately, the beautiful landscaping will never block the view of the tower equipment from Parliament
Drive, my house or my neighbor's house. Everytime we walk out the front door, sit on the porch or drive down
the street, the communis ration tower and equipment cabinets will be visible.
I believe, as many do, that communication towers have a negative impact neighborhoods and it is in the best
Interest of the City and community to have them located in either commercial or industrial areas away from public
view. However, if there is no other alternative than placing this tower in a residential area I would like to
recommend the following conditions be put in place prior to the plan being approved by the Planning Commission
or City Council:
1) NTELOS be required to add a privacy fence (not chain link) around the base of the Dominion Virginia Power
tower that will encompa:;s the equipment cabinets located within the footprint of the existing tower base. The
fence should be tall enough so the communication equipment will not be visible from Parliament Drive. The
entrance to the fence should be located on the back side away from the street. The fence should be kept in good
repair.
2) NTELOS plant fast growing vegetation around the base of the Dominion Virginia Power tower which will grow
tall enough to block the view of the equipment cabinets.
3) NTELOS be required to add both a privacy fence and landscaping around the fence.
I appreciate the opportu lity to share my concerns with you via email. If it is necessary for me to attend the April
9th hearing in order for these concerns to be heard by the rest of the Planning Commission please let me know.
Thank you for your consideration in this matter.
Tracy Mengel
5504 Parliament Drive
Virginia Beach, VA 234132
518-8073 (home)
664-3230 (work)
411 OnOR
NEW CINGULAR WIRELESS
CUP - Cellular telephone antenna and line -of -sight relay devices
Relevant Information:
• Applicant requests a Conditional Use Permit to replace an existing
Virginia Power lattice -style transmission tower with a monopole
transmission tower for the purpose of installing antennas at the top
of the pole (123 feet).
• Equipment cabinet will be located at the base of the tower, enclosed
with opaque fencing and landscaping.
• City committee reviewed and found no public facilities or other sites
workable as an alternative.
• Provisions of Section 232 of the Zoning Ordinance have been met.
Evaluation and Recommendation:
• Planning Staff recommended approval
• Planning Commission recommends approval (11-0)
• No opposition (Consent Agenda).
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of New Cingular Wireless PCS, L.L.C. (t/a AT&T) for a
Conditional Use Permit for a communication tower on property located at 6348
Colby Way (GPIN 1455299907). DISTRICT 1 — CENTERVILLE
MEETING DATE: May 27, 2008
■ Background:
The applicant requests a Conditional Use Permit to allow the installation of
wireless communication antennas on a replacement high-voltage transmission
tower and the construction of an associated equipment shelter. There is an
existing Dominion Power high-voltage transmission tower ("Transmission Tower")
located at the rear of the site behind an existing residential dwelling.
■ Considerations:
The existing lattice -style transmission tower is not structurally suitable to support
the AT&T antennas as currently designed. Dominion Virginia Power has
designed and will install a new 122 -foot galvanized steel monopole transmission
tower on which AT&T will install its antennas, cables, and a four (4) foot high
lightning rod. The new transmission tower will replace the existing 112 -foot tall
transmission tower. It will line up with the other towers in the transmission line
and will perform the same function for Dominion Virginia Power as the original
tower. The new tower and AT&T's proposed ground equipment will be located
within Dominion Virginia Power's existing right-of-way on the subject property.
The ground -level equipment cabinets adjacent to the transmission tower will be
located on a platform surrounded by a six (6) foot tall wooden fence and
landscaping that meets both the City's and Dominion Virginia Power's
requirements. The installation of the antennas on the transmission tower on the
referenced property will allow AT&T to fill an existing gap in coverage without
building a new wireless tower.
The applicant provided maps of the existing AT&T network in the city, the
existing network coverage, and the proposed network coverage maps to
demonstrate tower locations and network needs. The applicant also provided a
letter from a professional engineer confirming the tower will be designed in
accordance with the TIA/EIA — G, using basic wind speed of 130 mph, and will
accommodate the one carrier. Additionally the submitted non -ionizing
electromagnetic radiation (NIER) report states "This study generated no excess
New Cingular Wireless PCS, L.L.C. (t/a AT&T)
Page 2of3
exposure for either the controlled or the uncontrolled environments around this
tower".
The proposed tower does not satisfy minimum setback requirements as
established with the City's Zoning Ordinance due to its close proximity to the
house cn the lot. Section 221(i) of the City Zoning Ordinance, however, allows, in
specific instances as part of a Conditional Use Permit, that dimensional
requirements may be modified if it is determined that the deficiencies are offset
by the proposal itself or by attached conditions that ensure the proposal is
compatible to the surrounding area. Since the tower on which the antennas will
be located is a replacement of an existing tower of similar height, Staff concludes
that the setback requirements in the ordinance have applicability only to the
degree ghat they emphasize the necessity of enhanced buffering of the ground
facilities from the adjoining properties, which is addressed by a recommended
condition to the Use Permit.
The Planning Commission placed this item on the consent agenda because the
applicant is locating on an existing tower rather than constructing a new tower,
the proposal meets the requirements of Section 232 of the City Zoning
Ordinance, and there was no opposition.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 to
approve this request with the following conditions:
1. The site shall be developed substantially in accordance with the submitted
development plans entitled "At & T; Site Name: NF343D; Site Number: 164/
College Park; Site Address: 6348 Colby Way, Virginia Beach, VA 23464",
prepared by Allpro Consulting Group and last revised February 1, 2008. Said
plans have been exhibited to the Virginia Beach City Council and are on file in
the Virginia Beach Department of Planning.
2. The proposed location of the antennas on the tower shall not exceed 4,22
123 -feet.
3. Unless a waiver is obtained from the City of Virginia Beach Department of
Communications and Information Technology (COMIT), a radio frequency
emissions study (RF study), conducted by a qualified engineer licensed to
practice in the Commonwealth of Virginia, showing that the intended user(s)
will riot interfere with any City of Virginia Beach emergency communications
facilities, shall be provided prior to site plan approval for the original tower and
for all subsequent users
4. In the event interference with any City emergency communications facilities
arises from the user(s) of this tower, the user(s) shall take all measures
reasonably necessary to correct and eliminate the interference. If the
New Cingular Wireless PCS, L.L.C. (t/a AT&T)
Page 3 of 3
interference cannot be eliminated within a reasonable time, the user shall
cease operation to the extent necessary to stop the interference.
5. The applicant will work with the Public Works Department and the
Development Services Center to develop an appropriate easement for
ingress and egress planned to this site. A plat depicting the 12 -foot
maintenance easement for access to the lease area shall be recorded in the
Clerk of the Circuit Court Office.
6. In addition to the landscaping depicted on the Plan identified above in
Condition 1, a second row of evergreen trees with a minimum caliper of one
and three-fourths (1 %) inches at the time of planting and spaced not more
than twenty-five (25) feet apart shall be provided within fifteen (15) feet of all
property lines north of the dwelling located on the property. In special cases,
including cases where a required tree would be closer to the tower or to any
guy wire supporting the tower than the height of the tree at maturity, the
applicant may present a plan that accomplishes the same degree of
screening achieved by the above conditions.
7. Any fencing introduced around the proposed telecommunication tower and/or
ground equipment shall be either a black vinyl -coated chain-link fence or a
solid wood privacy fence, and must be depicted on the final site plan, with
final approval at the discretion of the Planning Director.
8. The Director of Planning may allow the installation of a type of antenna
different from that shown on the plans described in Condition 1 if the Director
determines that the proposed antenna type will not result in any undue impact
beyond the antenna type shown in the submitted plan in the plan described in
Condition 1 and a structural report is submitted from a licensed structural
engineer stating that the tower, with the proposed antennas, meets the
structural standards established by the Electronics Industry Association and
the local building code.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager. ���
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NEW CINGULAR WIRELESS PCS, LLC (t/a AT&T)
Agenda Item 15
Page 6
NEW CINGULAR
WIRELESS PCS,
LLC (t/a AT&T)
Agenda Item 15
April 9, 2008 Public Hearing
Staff Planner: Leslie Bonilla
REQUEST:
Conditional Use Permit for a wireless
communication tower.
ADDRESS / DESCRIPTION: 6348 Colby Way
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14552999070000 1 - CENTERVILLE 252 square feet (lease area)
The applicant requests a Conditional Use Permit to allow the SUMMARY OF REQUEST
installation of wireless communication antennas on a
replacement high-voltage transmission tower and the construction of an associated equipment shelter.
There is an existing Dominion Power high-voltage transmission tower ("Transmission Tower") located at
the rear of site behind the existing residential dwelling. Since the existing lattice -style Transmission
Tower is not structurally suitable to support AT&T antennas as currently designed, Dominion Virginia
Power has designed and will install a new 122 -foot galvanized steel monopole transmission tower on
which AT&T will install its antennas, cables, and a four (4) foot high lightning rod. The new Transmission
Tower will replace the old 112 -foot tall Transmission Tower. It will line up with the other towers in the
transmission line and will perform the same function for Dominion Virginia Power as the original tower.
The new tower and AT&T's proposed ground equipment will be located within Dominion Virginia Power's
existing right-of-way on the subject property. The ground -level equipment cabinets adjacent to the
Transmission Tower will be located on a platform surrounded by a six (6) foot tall wooden fence and
landscaping that meets both the City's and Dominion Virginia Power's requirements. The installation of
the antennas on the Transmission Tower on the referenced property will allow AT&T to fill an existing gap
in coverage without building a new wireless tower.
The facility will be unmanned and will be visited once a month by technicians on foot. The facility will not
emit any odor, fumes or glare. The noised emitted from the equipment on the ground will not be any
louder than normal residential heating, ventilation, and air conditioning system (HVAC) equipment.
NEW CINGULAR WIRELESS PCS, LLC (t/a AT&T)
Agenda Item 15
Page 1
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Single-family dwelling
SURROUND114G LAND North: . Across vacant parcels, College Park Elementary School / R-7.5
USE AND ZONING: Residential District
South: . Single-family homes / R-7.5 Residential District
East: • Single-family homes / R-7.5 Residential District
• Vacant City -owned property / R-7.5 Residential District
West: . Single-family homes / R-7.5 Residential District
NATURAL RESOURCE AND There are no known significant natural resources or cultural features
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) /CAPITAL IMPROVEMENT PROGRAM (CIP): Colby
Way in front of this application is considered a two-lane undivided local street. No Capital Improvement
Program projects are slated for this roadway.
TRAFFIC: Street Name
Colby Way
PresentI Present Capacity
Volume
No Data is Available
as
Generated Traffic
Existing Land Use '— 10
ADT
Proposed Land Use 2 —
10
0 AM Peak Hour
Vehicles (entering)
1 PM Peak Hour
Vehicles (entering)
`as defined by single-family & communication antennas
WATER & SEWER: This site currently connects to City water and sewer. The installation of the antennas on
the tower will have no impact on the systems.
NEW CINGULAR WIRELESS PCS, LLC (t/a AT&T)
Agenda Item 15
Page 2
Recommendation: EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the conditions below.
Comprehensive Plan:
Land use plan policies and principles for the Primary Residential Area focus strongly on preserving and
protecting the overall character, economic value, and aesthetic quality of the surrounding stable
neighborhoods. The established type, size, and relationship of land use, both residential and non-
residential, located in and around these neighborhoods should serve as a guide when considering future
development.
Evaluation:
The request for a Conditional Use Permit for a communications tower is acceptable. The applicant, in
conformance with City policies, has searched the area for collocation availability and has found an
existing 112 foot lattice tower that could, with modifications, meet the network needs. In this case, AT&T
is able to satisfy its coverage needs by installing its antennas on and its base station equipment adjacent
to a Dominion Virginia Power transmission tower located on property known as 6348 Colby Way. The
applicant provided maps of the existing AT&T network in the city, the existing network coverage, and the
proposed network coverage maps to demonstrate tower locations and network needs.
The applicant also provided a letter from a professional engineer confirming the tower will be designed in
accordance with the TIA/EIA — G, using basic wind speed of 130 mph, and will accommodate the one
carrier. Additionally the submitted non -ionizing electromagnetic radiation (NIER) report states "This study
generated no excess exposure for either the controlled or the uncontrolled environments around this
tower".
The proposed tower does not satisfy minimum setback requirements as established with the City's Zoning
Ordinance. Section 232 of the City Zoning Ordinance requires that no tower be closer to a residential
structure than 125 percent of the total height of the tower and antennae. Since the proposed antennas will
be on the 122 -foot Dominion Virginia Power transmission tower, no dwellings should be within 152.5 feet
of the base of the tower. Information provided by the applicant depicts up to three (3) dwellings within the
152.5 foot radius of the center of the tower: one (1) dwelling at approximately 120 feet (the property on
which the easement is located) and a second dwelling much closer at approximately 80 feet to the east,
and a third property approximately 125 feet to the southwest. Section 232(b)(1) of the City Zoning
Ordinance stipulates the minimum setback requirement from the base of the tower to any property line
abutting a residential use or district must be equal to 110 percent of the height of the tower, or in this
case, 134.2 feet. In this instance, not only does the tower abut residentially zoned property but it located
on residentially zoned property.
Section 221(1) of the City Zoning Ordinance, however, allows, in specific instances as part of a
Conditional Use Permit, that dimensional requirements may be modified if it is determined that the
deficiencies are offset by the proposal itself or by attached conditions that ensure the proposal is
compatible to the surrounding area. Since the tower on which the antennas will be located is a
replacement of an existing tower of similar height, Staff concludes that the setback requirements in the
ordinance have applicability only to the degree that they emphasize the necessity of enhanced buffering
of the ground facilities from the adjoining properties. The crash hazard of the tower, which the setback
requirements are intended for, cannot be addressed since the tower already exists. Staff has
NEW CINGULAR WIRELESS PCS, LLC (t/a AT&T)
Agenda Item 15
Page 3
recommended a condition for landscaping beyond the minimum requirements in an effort to negate the
impacts to the property to the east. This screening will aid in buffering the proposed equipment on the
ground.
It is Staffs conclusion, as well as that of the members of the Communication Tower Committee, that this
addition will b. represents a good alternative to satisfy the need. The
impact on surrounding properties resulting from this passive use is minimal; as such, staff recommends
approval with the conditions provided below.
CONDITIONS
1. The s to shall be developed substantially in accordance with the submitted development plans entitled
"At & 'r; Site Name: NF343D; Site Number: 164/ College Park; Site Address: 6348 Colby Way, Virginia
Beach, VA 23464", prepared by Allpro Consulting Group and last revised February 1, 2008. Said
plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach
Department of Planning.
2. The p!-oposed location of the antennas on the tower shall not exceed 4-22 123 -feet.
3. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and
Information Technology (COMIT), a radio frequency emissions study (RF study), conducted by a
qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended
user(E) will not interfere with any City of Virginia Beach emergency communications facilities, shall be
provided prior to site plan approval for the original tower and for all subsequent users
4. In the event interference with any City emergency communications facilities arises from the user(s) of
this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the
interference. If the interference cannot be eliminated within a reasonable time, the user shall cease
operation to the extent necessary to stop the interference.
5. The applicant will work with the Public Works Department and the Development Services Center to
develop an appropriate easement for ingress and egress planned to this site. A plat depicting the 12 -
foot maintenance easement for access to the lease area shall be recorded in the Clerk of the Circuit
Court Office.
6. In addition to the landscaping depicted on the Plan identified above in Condition 1, a second row of
evergreen trees with a minimum caliper of one and three-fourths (13/,) inches at the time of planting
and spaced not more than twenty-five (25) feet apart shall be provided within fifteen (15) feet of all
property lines north of the dwelling located on the property. In special cases, including cases where a
required tree would be closer to the tower or to any guy wire supporting the tower than the height of
the tree at maturity, the applicant may present a plan that accomplishes the same degree of screening
achieved by the above conditions.
7. Any fencing introduced around the proposed telecommunication tower and/or ground equipment shall
be either a black vinyl -coated chain-link fence or a solid wood privacy fence, and must be depicted on
the final site plan, with final approval at the discretion of the Planning Director.
8. The Director of Planning may allow the installation of a type of antenna different from that shown on
NEW CINGULAR WIRELESS PCS, LLC (t/a AT&T)
Agenda Item 15
Page 4
the plans described in Condition 1 if the Director determines that the proposed antenna type will not
result in any undue impact beyond the antenna type shown in the submitted plan in the plan described
in Condition 1 and a structural report is submitted from a licensed structural engineer stating that the
tower, with the proposed antennas, meets the structural standards established by the Electronics
Industry Association and the local building code.
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.
NEW CINGULAR WIRELESS PCS, LLC (t/a AT&T)
Agenda Item 15
Page 5
PROPOSED 12,21 -6
AT&T MOKITY LEASE AREA
(C) 11 PPORT TORR
(10 K REYOED) �`•_�
N07& , �-llii-G 000 /
3 {
�ROIOSED 12' 1 AOCESSi E
f & UTILITY EAMM IT
(E) PROPERTY LK
(E) R00D RNC[ N{41
`b<•ALCFrU
1
\ icy
MM> E
M73
SLI
FROPOSED A' 'MDC
ACCE
PROPOSED (1) 7Y MIRED SM40 PVC DOPDIRI SS GATE
FOR TELCO TO TELCO AMARC
W/ M WAPE AND CAP - 760'2 MAI
(E) TEU:O PEDESTAL
taxa i
([) CATV PEDESTAL
r
i
jf \ (E) DRUM
WE� C, PTE _.
mWEQ 76
(E) MS (TV)
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m� R -7a
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PR
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—.t
(E) ONEURD �`• r
14
o Mal a
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1�` � PROPOEED
(E) TRANSFORMER
ON COKWETE PID
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ORM1E RAY
PROPOSED (1) TY elRio SOT 4o PYC c mUIT
C'01 -Bar WAY
/! q
FOR POWER 10 POW SOME -700'3 RUN
4'
NOTE: VICO PTPIER ry PRM CONdICTORS
FROM RWIYOIRRR ro NETER &ES.
PROPOSED S'
UTRItt EASYENI �
177' ADND-0L[ M/
(E) PANTED U/G GAS
(6) PARD wASSY155101
/ FOR ► ,11 AAtdN111
FDR (�) PATICL MIPER
TER
" sECTow A 10• a Ito' RID CENTER
2W R
([ CD U/G POWER .
NDERDER CONSRTUCIAN) "�
(OIRAFMRY UNDER
\\
/
.C" 0, 15a PAD CONICA
\ / SECTOR C, 770' 1770' RAO CENTER
A1f
PROPOSED 12,21 -6
AT&T MOKITY LEASE AREA
(C) 11 PPORT TORR
(10 K REYOED) �`•_�
N07& , �-llii-G 000 /
3 {
�ROIOSED 12' 1 AOCESSi E
f & UTILITY EAMM IT
(E) PROPERTY LK
(E) R00D RNC[ N{41
`b<•ALCFrU
1
\ icy
MM> E
M73
SLI
FROPOSED A' 'MDC
ACCE
PROPOSED (1) 7Y MIRED SM40 PVC DOPDIRI SS GATE
FOR TELCO TO TELCO AMARC
W/ M WAPE AND CAP - 760'2 MAI
(E) TEU:O PEDESTAL
taxa i
([) CATV PEDESTAL
r
i
jf \ (E) DRUM
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mWEQ 76
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(E) ONEURD �`• r
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NORTH
G:RAPH,C SCALF: 1"=40' ; i' x17
UNKLAIN
0 40' 8C' 1 6
GtiAPHIC SCA�E: =20' (24x3(
0' 20' 1 C" 60'
PROPOSED SITE PLAN
NEW CINGULAR WIRELESS PCS, LLC (t/a AT&T)
Agenda Item 15
Page 6
1�` � PROPOEED
S' 90ERNJ1
�.r ([}
ORM1E RAY
C'01 -Bar WAY
�
4'
NORTH
G:RAPH,C SCALF: 1"=40' ; i' x17
UNKLAIN
0 40' 8C' 1 6
GtiAPHIC SCA�E: =20' (24x3(
0' 20' 1 C" 60'
PROPOSED SITE PLAN
NEW CINGULAR WIRELESS PCS, LLC (t/a AT&T)
Agenda Item 15
Page 6
PRWM c towx RD)
PRUC50 (6) PAIU MWAS
(6) FUNK ANWAM
109 (?) PAPA ARMOR FEN SECTOR
5LCIM 4 17 0 10 RAD CENTS
SECTOR R 110' 0 120 PA CENTER
SECTOR Q 2W 9 QY W CENTER
. f j
E006tk7 WIS
OR 6'Xw KA=
v
Fow IOW WASM FENCE
Oil -M=,-Fj
PROPOSED 2-0ANc
IMLIFY RAW "
Y.S HOMUN BOR
I
ELEVATION DRAWING SHOWING POPOSED REPLACEMENT
TOWER, ANTENNAS, AND EQUIPMENT CABINETS
NEW CINGULAR WIRELESS PCS, LLC (tta AT&T)
Agenda Item 15
Page 7
Coverage Without NF343D
EXISTING PROVIDER COVERAGE
NEW CINGULAR WIRELESS PCS, LLC (t/a ATU)
Agenda Item 15
Page 8
Coverage With NF343D
PROPOSED PROVIDER COVERAGE
NEW CINGULAR WIRELESS PCS, LLC (t/a AT&T)
Agenda Item 15
Page 9
VIEW OF EXISTING TOWER FROM COLBY
WAY
NEW CINGULAR WIRELESS PCS, LLC (t/a AT&T)
Agenda Item 15
Page 10
A)
11:11SCLOSURE 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)
New Cingular Wireless PCs, LLC (t/a AT&T) ,44,*1. l . I i xt!� 1,0_1 't 1c_1
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
AT&T Mobility LLC
❑ 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)
N/A
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
N/A
❑ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
See next page for footnotes
Doi:s an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes No X
If yas, what is the name of the official or employee and the nature of their interest?
Conditional Use Permit Application
Page 9 of 10
Revises 71W007
NEW CINGULAR WIRELESS PCS, LLC (t/a AT&T)
Agenda Item 15
Page 12
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)
LsClairRyan, SAI Communications, AT&T, Allpro Consulting Group, Inc.
' "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 (1) 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
Planting to photograph and view the site for purposes of processing and evaluating this application.
t
4 Carol Murphy
Applicant's Signature Print Name
Annie S. Jones
Property Owner's Signature (if different than applicant) Print Name
Conditional Use Pemrit Application
Pape 10 of 10
Revised 713!2007
NEW CINGULAR WIRELESS PCS, LLC (Va AT&T)
Agenda Item 15
Page 13
L� 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)
LeClalrRyan, SAI Communications, AT&T, Allpro Consulting Group, Inc.
' "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Govemment Conflict of Interests Act, Va.
Code § 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.
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, 1 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
P18DR"o photograph and view the site for purposes of processing and evaluating this application.
Carol Murphy
Ap cant's S06ature Print Name
i
Annie S. Jones
Pr arty Owne ign u (if different than applicant) Print Name
Conditional Use Permit AppDcahon
Page 10 of 10
Revised 7!312007
NEW CINGULAR WIRELESS PCS, LLC (t/a AT&T)
Agenda Item 15
Page 14
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NEW CINGULAR WIRELESS PCS, LLC (t/a AT&T)
Agenda Item 15
Page 15
Item #15
New Cingular Wireless PCS, L.L.C. (t/a AT&T)
Conditional Use Permit
6348 Colby Way
District 1
Centerville
April 9, 2008
CONSENT
Joseph Strange: The next matter is item 15. An application of New Cingular Wireless PCS,
L.L.C. for a Conditional Use Permit for a communication tower on property located at 6348
Colby Way, Distn.ct 1, Centerville, with eight conditions.
Lisa Murphy: Goad afternoon. For the record, my name is Lisa Murphy. I'm a local
attorney, and I'm .here today on behalf of the applicant. I too, agree with Bill. We really
appreciate all of the staff's work, very hard work on the changes to the tower ordinance, and
all of the hard work that Bill Macali has put into it as well. And, we look forward to being
able to provide our comments. I noticed at the informal there was just one item on the
conditions that was somewhat inaccurate. So, you will see that Leslie has corrected
condition 2 so that what is written there in condition matches what is shown in the drawing.
So the top of one of the antennas is going to get to a 123', and that just makes it consistent,
and with that, we do agree to all the conditions.
Joseph Strange: Alright. Thank you very much.
Lisa Murphy: Th�mk you.
Joseph Strange: Is there any opposition to this matter being placed on the consent agenda?
If not, the Chairman has asked Barry Knight to review this item.
Barry Knight; The applicant requests a Conditional Use Permit to allow the installation of
wireless communication antennas on a replacement high voltage transmission tower and
construction of an associated equipment shelter. We are all familiar with the high tension
lines that go through the city, and what we would like to see is that these antennas to be co -
located on these antennas, and that is what they have done here. But the Lattice antenna that
is there now won't substantiate the electricity lines and the antenna, so the applicant is going
to put up their owr., antenna and own tower to put the antennas on, and Dominion Power is
going to locate their wires on it also, so it will be duel use. We think it is exactly what we
want, where we want it, and it will facilitate cellular phone usage. We have heard no object
so we have placed it on the consent agenda.
Joseph Strange: Thank you Barry Knight. Chairman, I have a motion to approve agenda
item 15.
Item # 15
New Cingular Wireless PCS, L.L.0 (t/a AT&T)
Page 2
Janice Anderson: Do I have a second? A motion made by Joe Strange and a second by
Kathy Katsias.
AYE 11 NAY 0
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
LIVAS
AYE
REDMOND
AYE
RUSSO
AYE
STRANGE
AYE
ABS 0 ABSENT 0
Ed Weeden: By a vote of 11-0, the Board has approved item 15 for consent.
SEVEN CITIES
Conditional Zoning AG 7 to 8-2 CUP - Indoor Rrcrradonal Farifity
Relevant Information:
•
Princess Anne District
• Applicant requests a Conditional Change of Zoning from AG -1
Agricultural District to B-2 Business and a Conditional Use Permit for
an indoor commercial recreation facility and recreational facilities of
an outdoor nature.
• The purpose of the request is to develop a comprehensive sports
training facility.
• AICU'Z is 65 — 70 and Interfacility Traffic Area (ITA).
Evaluation and Recommendation:
• Planning Staff recommended approval
• Planning Commission recommends approval (9-0)
• No opposition.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Seven Cities Development Company, L.L.C., Change of Zoning District
Zoning District
Classification from AG -1 Agricultural District to Conditional B-2 Community
Business District and Conditional Use Permit for an indoor commercial recreation
facility and recreational facilities of an outdoor nature. Property located at the
northeast intersection of North Landstown Road and Dam Neck Road (GPIN
1484792426 — part of). DISTRICT 7 — PRINCESS ANNE.
MEETING DATE: May 27, 2008
■ Background:
The subject parcel is 10.35 acres and is zoned AG -1 Agricultural District and is
located in the Interfacility Traffic Area. The applicant proposes to rezone 7.209
acres of the parcel to Conditional B-2 Business for the purpose of developing an
indoor sports facility in two phases. The applicant has an option to purchase the
remaining 3.143 acres.
The Comprehensive Plan designates this site to be within the Transition Area
(Princess Anne). The land use planning policies and principles focus strongly on
promoting this area as a well-planned, low density, fiscally sound and desirable
destination for people to live, work, and play.
■ Considerations:
The first phase of the project will consist of a 29,500 square foot building fronting
Landstown Road and containing comprehensive sports skills instruction, sports
performance training, sports therapy, and sports medicine programs, as well as
the Hampton Roads Amateur Sports Foundation. This facility has been designed
to include a future expansion if demand for the activities increase. The site has
been designed to provide for continued growth, including a 40,000 square foot
two-story office building adjacent to Dam Neck Road. The site also provides the
area for related outdoor activities as a supplement to the primary indoor
activities. During detailed site plan review, Staff will work with the applicant to
incorporate adequate landscaping, pedestrian access and other design elements
in keeping with Design Guidelines for Princess Anne Commons.
The design of the building is contemporary in style, utilizing a curved section that
directs the eye to the building entrance. The entrance is lower in height, bringing
a human scale element to the larger field house. The primary building materials
are brick, to complement the Princess Anne Commons area, frosted glass, and
Seven Cities Development Company, L.L.C.
Page 2 of 3
translucent and metal panels. The translucent panels on the field house section
of the structure bring light inside and at night allow the lights inside to shine
through, Large vertical lift doors are proposed on either end of the field house,
which allows for natural ventilation within. The architect is working toward
Leadership in Energy and Environmental Design (LEED) certification for the
building The submitted building elevations and renderings demonstrate the
design is compatible to the architectural styling of the buildings at the Sentara
Princess Anne health campus, Lifenet, and the educational core of Princess
Anne Commons, as well as the intent of the Design Guidelines for Princess Anne
Commo ns.
The parking ratio is less than the ratio of one (1) parking space per 100 square
feet of floor area as required by the City Zoning Ordinance. Seven Cities,
however, is not a traditional recreational facility where clientele use the facility for
unassisted and unstructured activity. The Seven Cities facility will limit the
number of participants at any given time. Most activities, such as the use of
batting and pitching tunnels, skills, and physical training will be structured and
supervised. Thus, the number of participants will be limited by the number of
staff. Additionally, the facility will serve many children and teenagers who are not
old enough to drive and will likely be brought to the site by a parent, who may or
may not choose to stay. Seven Cities estimates the total number of parking
spaces needed to accommodate users and staff of the indoor sports facility for
normal or special events to be approximately 105 spaces.
The proposal is consistent with the recommendations of the Comprehensive
Plan's planning policies for the Transition Area (Princess Anne). The proposed
use is an excellent complement to the City's athletic venues in this vicinity.
The Planning Commission placed this item on the consent agenda because they
concludo-d that the proposal is a desired and compatible use for the Princess
Anne Commons area, the proposal is consistent with the recommendations of
the Comprehensive Plan, and there was no opposition.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 to approve
the requests as proffered and with the following conditions:
A Traffic Impact Study (TIS) shall be required at the time of the submission of
site plans to the Development Services Center for the construction of the
second building and related site improvements.
2. Mechanical equipment located adjacent to any structure on the site shall be
screE!ned with an appropriate structure, fence, and / or landscaping. Any
mechanical equipment located on the top of any structures on the property
shall be enclosed on four sides with appropriately sized parapet walls to
screEin the equipment.
Seven Cities Development Company, L.L.C.
Page 3 of 3
3. All exterior trash dumpster areas shall be screened utilizing materials such as
brick, pre -cast block, or other materials compatible with the building materials
utilized on the primary structures on the site.
4. All outdoor lighting shall be shielded to direct light and glare onto the
premises. A lighting or photometric diagram plan shall be submitted with any
submitted site plan for review by City staff. The lighting plan shall include the
height of poles located in the parking lots along with the location of all pole -
mounted and building -mounted lighting fixtures. The plan shall also list type,
wattage, and fixture -type. Lighting shall be uniform throughout the parking
area, and shall minimize reflection or glare toward properties and streets
outside the site.
6. The overall architectural, site, and landscape design of the property shall be
subject to the Design Guidelines for Princess Anne Commons ("Guidelines")
which are on file with the Planning Department of the City of Virginia Beach.
The Guidelines shall act as development criteria for this site. Architectural,
site, and landscape plans for each component of the development shall be
submitted to the Director of Planning or his designee to insure consistency of
the design with the Guidelines.
■ 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 • J
SEVEN CITIES
DEVELOPMENT
CO., LLC
Agenda Items 2 & 3
May 14, 2008 Public Hearing
Staff Planner: Karen Prochilo
REQUESTS:
1) Change of Zoning District Classification
from AG Agricultural District to
Conditional B-2 Community Business District.
2) Conditional Use Permit for an indoor commercial recreational facility and a recreational facility of an
outdoor mature.
ADDRESS / DESCRIPTION: Property located at the northeast intersection of North Landstown Road and
Dam Neck Road.
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14847924260000 part of 7 — PRINCESS ANNE Parcel A: 7.209 acres or 314,049 SF
Parcel B: 3.143 acres or 136,896 SF
Total: 10. 35 acres or 449,934.74 SF
SUMMARY OF REQUEST
The subject parcel is 10.35 acres and is zoned AG -1
Agricultural and is located in the Interfacility Traffic Area. The applicant proposes to rezone 7.209 acres of
that parcel to Conditional B-2 for the purpose of developing an indoor sports facility in two phases. The
applicant has an option to purchase the remaining 3.143 acres.
The initial facility will house comprehensive sports skills instruction, sports performance training, sports
therapy, and sports medicine programs, as well as the Hampton Roads Amateur Sports Foundation. This
facility has been designed to include a future expansion if demand for the activities increase. The site has
been designed to provide for continued growth; a second two-story office building may be placed on the
parcel. The site also provides the area for related outdoor activities as a supplement to the primary indoor
activities.
SEVEN CITIES DEVELOPMENT CO., LLC
Agenda Items 2A 3
Page 1
The parking ratio is less than the ratio of one (1) parking space per 100 square feet of floor area as
required by the City Zoning Ordinance. Seven Cities, however, is not a traditional recreational facility
where clientele use the facility for unassisted and unstructured activity. The Seven Cities facility will limit
the number of participants at any given time. Most activities, such as the use of batting and pitching
tunnels, skills, and physical training will be structured and supervised. Thus, the number of participants
will be limited by the number of staff. Additionally, the facility will serve many children and teenagers who
are not old enough to drive and are usually in a carpool of a parent, who may or may not choose to stay.
Seven Cities estimates the total number of parking spaces needed to accommodate users and staff of the
indoor sports facility for normal or special events to be approximately 105 spaces.
The first phase building fronts Landstown Road towards the middle of the property. Parking for this
building is proposed to one side behind a 30 -foot wide buffer from Landstown Road. To accommodate
future expansion or an additional building, parking areas are shown that will allow for use between
activities.
A future building is proposed at the corner of Dam Neck Road and Landstown Road. This building will be
compatible to the initial building in quality and materials.
The design of the initial building is contemporary in style, utilizing a curved section that directs the eye to
the building entrance. The entrance is lower in height, bringing a human scale element to the larger field
house. The primary building materials are brick, to complement the Princess Anne Commons area,
frosted glass, and translucent and metal panels. The translucent panels on the field house section of the
structure bring light inside and at night allow the lights inside to shine through. Large vertical lift doors are
proposed on either end of the field house, which allows for natural ventilation within. The architect is
working toward Leadership in Energy and Environmental Design (LEED) certification for the building.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped vacant site
SURROUNDING LAND North: . Across Dam Neck Road, is Sentara Princess Anne site / 0-2
USE AND ZONING: Office District
South: . Across Landstown Road is undeveloped site / AG -1 Agricultural
District
East: . Cemetery, Virginia Power transmission sub -station / AG -1
Agricultural District
West: . Across Dam Neck Road is parking for the Virginia Beach
Amphitheater / AG -2 Agricultural District
NATURAL RESOURCE AND The site is undeveloped. A 120 -foot wide Virginia Power easement,
CULTURAL FEATURES: running east to west, divides the property. There are no known
significant natural resources or cultural features on this site.
AICUZ: A majority of the site is in an AICUZ of 65 dB to 70 dB Ldn surrounding
NAS Oceana and within the Interfacility Traffic Area (ITA). A small
portion of the southeastern corner of this triangular parcel is within the
SEVEN CITIES DEVELOPMENT CO., LLC
Agenda Items 2 & 3
Page 2
70-75dB Ldn AICUZ. The proposed use is conditionally compatible.
Compliance with noise level reduction features, as set forth in the
Virginia Uniform Statewide Building Code, will be required during
construction.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP)•
Landstown Road is a two-lane local collector roadway. No improvements are currently planned for this
roadway. Dam Neck Road in the vicinity of this application is considered a four -lane divided major
suburban arterial. The Master Transportation Plan proposes a divided facility with bikeway within a 125 -
foot right-of-way. A Capital Improvement Program project is slated for Dam Neck Road in the vicinity of
this site. Elbow Road Extended - Phase II (CIP 2-152) is a First Cities Project, which involves improving
Elbow Road from Indian River Road to Dam Neck Road, just west of Landstown Road. The
improvements include a four -lane divided highway within a 125 -foot right-of-way with a sidewalk, multi-
use path, landscaping, and aesthetic features. The project will also replace the existing sub -standard
Elbow Road Bridge. The start date for construction has been moved beyond 2012 due to reduced state
funding.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Landstown
2,261 ADT
6,200 ADT (max. Level of
Existing Land Use —
Road
Service "C")
10 ADT
9,900 ADT (max. Level of
Proposed Land Use 3 -
Service "D") / capacity
1,101 ADT
100 PM Peak Hour Trips
10,600 ADT
32,500 ADT max. Level of
Dam Neck
Road
Service "C")
34,900 ADT (max. Level of
Service "D") / capacity
Average Daily Trips (2007)
s as defined by AGA agricultural zoning
Sas defined by 10 instructors
• The trip generation estimates for this proposed land use are based upon the number of instructors and
students shown on the preliminary plan. With 10 instructors and 80 students, this site will not meet the
150 peak hour trips that warrant a Traffic Impact Study. However, if this proposed site expands
significantly in the future, such a study will be required with the expansion.
• The Preliminary Site Plan shows two proposed access points on Landstown Road. Only the easternmost
proposed access point on Landstown Road will be allowed. The exact location of the access point on
Dam Neck Road will be determined at the site plan stage.
• A Traffic Signal Bond will be required during Site Plan Review for a potential signal at the intersection of
Dam Neck Road and Landstown Road. The amount of the traffic signal bond will be based upon the trips
generated by the development and will be determined at the site plan stage.
SEVEN CITIES DEVELOPMENT CO., .SLC
Agenda Items 2A 3
Pale 3
WATER: This site must connect to City water. There is a 12 -inch City water line in Dam Neck Road. There is a
12 -inch City water line in Landstown Road.
SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 647 and the sanitary sewer
collection system is required to ensure future flows can be accommodated. The City gravity sanitary sewer
main in Recreation Drive fronting the site ranges from 10 inches to 16 inches. There is a 12 -inch City force
main in Recreation Drive.
STORMWATER MANAGEMENT: Final site plan must address stormwater quantity and quality in accordance
with current regulations. No measures are evident on the plan.
VIRGINIA NATURAL GAS: There is a 16 -inch gas main that crosses N. Landstown Road and extends on to
this site in an easement.
FIRE: No Fire Department comments at this time. Comments will be made during site plan review.
POLICE: Prior to submitting a site plan to the Development Services Center, 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.
Recommendation: EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the submitted proffers and conditions below.
Comprehensive Plan:
The Comprehensive Plan designates this site to be within the Transition Area (Princess Anne). The land
use planning policies and principles focus strongly on promoting this area as a well-planned, low density,
fiscally sound and desirable destination for people to live, work, and play.
The policies state that this area will be: "An exciting mixture of open space, recreational areas,
environmental conservation areas and quality housing serving as an effective complement to the northern
urban area and the southern rural area." "Part of this vision includes the need to preserve our natural
resources and promote open space and recreational opportunities in the Transition Area," (pg. 141).
Evaluation:
The proposal for a recreational facility is in conformance with the Comprehensive Plan's planning policies
for the Transition Area (Princess Anne). The proposed use is complementary to the City's athletic venues
in this vicinity.
The submitted building elevations and renderings demonstrate the design is compatible to the
architectural styling of the buildings at the Sentara Princess Anne health campus, Lifenet, and the
SEVEN CITIES DEVELOPMENT CO., LLC
Agenda Items 24 3
Page 4
educational core of Princess Anne Commons, as well as the intent of the Design Guidelines for Princess
Anne Commons.
During detailed site plan review, Staff will work with the applicant to incorporate adequate landscaping,
pedestrian access and other design elements in keeping with Design Guidelines for Princess Anne
Commons.
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 a i attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)), Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
The Grantors shall restrict the principal uses on the Property to office, recreational facilities of an outdoor
nature, and recreational facilities of an indoor nature.
PROFFER 2:
The Property when developed, shall be developed in substantial conformity with the conceptual site plan
prepared by Landmark Design Group, entitled "Preliminary Site Plan, Seven Cities Sports, Virginia Beach,
January 31, 2008" and revised on March 14, 2008 and April 14, 2008 (the "Concept Plan"), a copy of which
is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council.
PROFFER 3:
The first facility constructed on the Property shall be the indoor sports facility which shall be in substantial
conformity with the conceptual building renderings prepared by Lyall Design Architects, entitled "Proposed
Renderings --or Seven Cities Sports Complex, Virginia Beach, Virginia, dated April 21, 2008" (the
"Renderings'), copies of which are on file with the Department of Planning and have been exhibited to the
City Council. The indoor sports facility shall also be built in substantial conformity with the conceptual
building elevations prepared by Lyall Design Architects, entitled "Proposed elevations for Seven Cities
Sports Complex, Virginia Beach, Virginia, dated April 21, 2008" which consist of two (2) sheets (the
"Elevations"), copies of which are on file with the Department of Planning and have been exhibited to the
City Council.
PROFFER 4:
Any additional building(s) constructed on the Property shall be designed in a manner complimentary with the
indoor sports facility and the Princess Anne Commons Design Guidelines. In addition, any additional
buildings shell be constructed with the same or comparable quality of building materials used for the indoor
sports facility.
PROFFER 5:
The uses conducted on the Property shall be consistent with the concept of an "athletic village" containing
facilities to accommodate the full range of sports skills instruction, sports training, sports therapy, wellness
training and conditioning and various degrees of sports -oriented medicine, which are predominately oriented
toward those who have, or might in the future, avail themselves of the facilities located throughout Princess
SEVEN CITIES DEVELOPMENT CO., LLC
Agenda Items Z& 3
Page 5
Anne Commons and the athletic village.
PROFFER 6:
Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee
during detailed site plan and /or subdivision review and administration of applicable City Codes by all
cognizant City agencies and departments to meet all applicable City Code requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the
project and insure that the proposed use of the site is consistent with the recommendations of the
Comprehensive Plan.
The City Attorney's Office has reviewed the proffer agreement dated April 29, 2008, and found it to be legally
sufficient and in acceptable legal form.
CONDITIONS
1. A Traffic Impact Study (TIS) shall be required at the time of the submission of site plans to the
Development Services Center for the addition of the proposed second building and related site
expansion.
3. Mechanical equipment located adjacent to any structure on the site shall be screened with an
appropriate structure, fence, and / or landscaping. Any mechanical equipment located on the top of
any structures on the property shall be enclosed on four sides with appropriately sized parapet walls to
screen the equipment.
4. All exterior trash dumpster areas shall be screened utilizing materials such as brick, pre -cast block, or
other materials compatible with the building materials utilized on the primary structures on the site.
5. All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or
photometric diagram plan shall be submitted with any submitted site plan for review by City staff. The
lighting plan shall include the height of poles located in the parking lots along with the location of all
pole -mounted and building -mounted lighting fixtures. The plan shall also list type, wattage, and fixture -
type. Lighting shall be uniform throughout the parking area, and shall minimize reflection or glare
toward properties and streets outside the site.
6. The overall architectural, site, and landscape design of the property shall be subject to the Design
Guidelines for Princess Anne Commons ("Guidelines") which are on file with the Planning Department
of the City of Virginia Beach. The Guidelines shall act as development criteria for this site.
Architectural, site, and landscape plans for each component of the development shall be submitted to
the Director of Planning or his designee to insure consistency of the design with the Guidelines.
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.
SEVEN CITIES DEVELOPMENT CO., ILC
Agenda Items 2 & 3
Pagb 6
PROPOSED SITE PLAN
SEVEN CITIES DEVELOPMENT CO., LLC
Agenda Items 2 & 3
Page 7
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SEVEN CITIES DEVELOPMENT CO., LLC
Agenda Items 2 & 3
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SEVEN CITIES DEVELOPMENT CO., LLC
Agenda Items 2 & 3
Page 8
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SEVEN CITIES DEVELOPMENT CO., LLC
Agenda Items 2 & 3
Page 9
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Agenda Items 2 & 3
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SEVEN cl-T �EVELA9 page 1
1
08/22/06
Conditional Rezoning AG -1 to B-2
Street Closure
Granted
2
03/08/05
Conditional Rezoning 0-2 to B-2
Conditional Use Permit for Hospital, athletic club, eating &
drinking establishment, sale of convenience goods & personal
services
12/03/02
Conditional Rezoning P-1 & R -51D to 0-2
Conditional Use Permit for Hospital / medical complex & athletic
club
Street Closure
Granted
3
07/07/98
Conditional Use Permit for communications tower
Granted
4
03/28/95
Conditional Rezoning R-10 to Ag -1
Conditional Use Permit for recreational facility of outdoor nature
Am hitheater
Granted
5
09/14/87
Conditional Use Permit for substation
Granted
ZONING HISTORIC
SEVEN CITIES DEVELOPMENT CO.,;kLC
Agenda Items ZA 3
P4.91,11
11
A
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)
Applicant — Seven Cities Development Company, LLC
Member/Manager — Timothy Hummel
Members — B.J. Upton: Justin Upton; Michael Hutch Call; Michael Cuddver
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Parent — Seven Cities Enterprises, Inc.
Affiliated Entities — Seven Cities Sports, LLC: Hampton Roads Amateur Sports Foundation
❑ Check here if the applicant is Nora 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)
Property Owner - Virginia Beach Development Authority
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Affiliated Entity - City of Virginia Beach
❑ Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
& ` See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes No X
If yes, what is the name of the official or employee and the nature of their interest?
Conditional Rezoning Application
Page 11 of 12
Revised 11116/2006
SEVEN CITIES DEVELOPMENT CO., LLC
Agenda Items 2A 3
Page 12
z
0
COD
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)
Lyall Design Architects— architectural services
Landmark Design Group — engineering and surveying services
Troutman Sanders LLP — legal services
Pioneer Title — title services
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.
"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, (ij) 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.
Seven Cities Didvelopment Company, LLC
a -1-0F Irma�l4 �. r[vYY►W�2.�
ApplicanYsSignature Print Nam
r� DkJJ Jelk
Property Owner's Sin a (if different than applicant) Print Name
Conditional Rezoning Application
Page 12 of 12
Revised 11/16/2006
SEVEN CITIES DEVELOPMENT CO., LLC
Agenda Items 2 & 3
Page 13
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)
Applicant - Seven Cities Development Company, LLC
Member/Manager - Timothy Hummel
Members - B.J. Upton: Justin Upton; Michael Hutch Call: Michael Cuddver
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Parent - Seven Cities Enterprises, Inc.
Affiliated Entities - Seven Cities Sports, LLC; Hampton Roads Amateur Sports Foundation
❑ 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)
Property Owner - Virginia Beach Development Authority
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Affiliated Entity - City of Virginia Beach
• Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& ` See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes No X
If yes, what is the name of the official or employee and the nature of their interest?
conditional Use Permit Application
Page 9 of 10
Revised 11/16/2006
SEVEN CITIES DEVELOPMENT CO., LLC
Agenda Items 24 3
Page 14
V
a
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)
Lyall Design Architects — architectural services
Landmark Design Group — engineering and survevina services
Troutman Sanders LLP — legal services
Pioneer Title — title services
"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.
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.
Seven/Cities Development Company, LLC _1t p 1
By • I 1K��, 4 / a-1- Og t tf►��r+l 1�. Huy4 ► —
Applica Signature f Print Narrfe
Denali Jell,,
Property Owner'd Si ature (if different than applicant) Print Name
conditional Use Permit Application
Page 10 of 10
Revised 7/3/2006
SEVEN CITIES DEVELOPMENT CO., LLC
Agenda Items 2 & 3
Page 15
Members of the Virginia Beach Development Authority
C. Maxwell Bartholomew, Jr.
Dan H. Brockwell
Teresa H. Carrington
Douglas D. Ellis
Donald V. Jellig
Page G. Lea
Paul V. Michels
Jerrold L. Miller
John W. Richardson
Prescott -Sherrod
Elizabeth A. Twohy
DISCLOSURE STATEMENT
SEVEN CITIES DEVELOPMENT CO., LLC
Agenda Items 2-,& 3
Page 16
Item #2 & 3
Seven Cities Development Company, L.L.C.
Change of Zoning District Classification
Conditional Use Permit
Northeast intersection of North Landstown Road and
Dam Neck Road
District 7
Princess Anne
May 14, 2008
CONSENT
Janice Anderson The next agenda items that we will address are those that we have placed
on the consent agenda, and our Vice Chair will handle this section for us.
Joseph Strange: Thank you. This afternoon, we have 13 items on the consent agenda. The
first matter is consent agenda items 2 & 3. This is an application of Seven Cities
Development Company, L.L.C. An application of Seven Cities Development Company,
L.L.C. for a Change of Zoning District Classification from AG -1 District to Conditional B-2
Community Business District, on property located at the northeast intersection of North
Landstown Road and Dam Neck Road and an application of Seven Cities Development
Company, L.L.C. for a Conditional Use Permit for a commercial recreation facility and
recreational facilities of an outdoor nature. The property is located at the northeast
intersection of North Landstown Road and Dam Neck Road, District 7, Princess Anne, with
six proffers and six conditions.
R.J. Nutter: Thank you very much. Mr. Strange, thank you. Madame Chairman and
members of the Commission, for the record, my name is R.J. Nutter. I'm an attorney
representing Sevin Cities Development Company, L.L.C. Thank you very much for putting
us on the consent agenda today. We greatly appreciate that. In consideration for that, there
was one item than I wanted to bring to your attention, and we spoke to Jack, and you spoke to
that this morning in your early session dealing with the content of condition number 2, that
being on page 6. Jack has indicated that during the course between now and Council, they
will be revising that condition; so, they will be relocating, perhaps, one of our two
accessways on Landstown Road; so, we would be able to have a second accessway onto
Landstown Road, We would be working with them during the site plan process as for the
exact location for both of those accessways. But I told Jack that I would put that on the
record. We appreciate being down here. We're very proud to have Seven Cities in Virginia
Beach. As you know, they turned bids from several other cities to come here. It would be a
dramatic improvement and a dramatic addition to the program that we have in Virginia
Beach already, berth from a media perspective, Mr. Bernas, as you pointed out today, as well
as from the sports perspective for this entire region. We are very happy, and again, thank you
for putting us on the consent agenda.
Joseph Strange: Are the conditions acceptable?
Item #2 & 3
Seven Cities Development Company, L.L.C.
Page 2
R.J. Nutter: As I've indicated, yes sir, they are.
Joseph Strange: Okay. Is there any opposition to this matter being placed on the consent
agenda? The Chairman has asked Don Horsley to review this item.
Donald Horsley: This application is a parcel containing 10.35 acres, of which 7.209 acres of
it is in the rezoning process. The other 3 plus acres, the applicant has an option to purchase
at a later date. The facility will house a comprehensive sports skill instruction, sports
performance training, sports therapy, sports medicine program, as well as the Hampton
Roads Amateur Sports Foundation. This is not a traditional recreation facility where the
clientele go and use it unassisted and uninstructed. The Seven Cities facility will limit the
number of participants at any given time according to the number of instructors that they
have. The activities such as batting and pitching tunnel skills, and the physical training will
be structured and supervised. There will be a number of participants who use this facility
that don't drive. They are the younger youth in the area, and there is not much need for
parking, because a lot of this is carpooled; so, we don't need a lot of parking. There is
adequate parking however. So, we feel that this is a big addition to our recreation "Mecca"
that we would like to continue to develop in this area. And we appreciate that we have some
professional athletes who have seen the light in Virginia Beach, and want to come back and
be part of this development. We don't have any opposition, and the staff was in favor of it,
so we decided to put it on the consent agenda. Thank you.
Joseph Strange: Thank you Don. I have a motion to approve agenda items 2 and 3.
Janice Anderson: Thank you. I have a motion by Joe Strange and a second by Barry Knight.
Ed Weeden: By a vote of 9-0, the Board has approved items 2 and 3 for consent.
AYE 9 NAY 0 ABS 0 ABSENT 2
ANDERSON
AYE
BERNAS
AYE
CRABTREE
ABSENT
HENLEY
AYE
HORSLEY
AYE
KATSIAS
ABSENT
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
RUSSO
AYE
STRANGE
AYE
Ed Weeden: By a vote of 9-0, the Board has approved items 2 and 3 for consent.
In Reply Refer To Our File No. DF -7047
TO: Leslie L. Lilley
FROM: B. Kay Wilson
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: May 16, 2008
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Seven Cities Development Company, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on May 27, 2008. 1 have reviewed the subject proffer agreement, dated April
29, 2008 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: Kathle Hassen
Document Prepared By:
Troutman Sanders LLP
222 Central Park Avenue, Suite 2000
Virginia Beach, VA 23462
AGREEMENT
THIS AGREEMENT is made as of this 29th day of April, 2008, by and between
VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the
Commonwealth of Virginia ("VBDA", to be indexed as grantor), the current owner of that
certain property located in the City of Virginia Beach, as more particularly described below;
SEVEN CITIES DEVELOPMENT COMPANY, LLC, a Virginia limited liability company
("Seven Cities", to be indexed as grantor), the contract purchaser of the property (hereinafter
referred to collectively as the "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be
indexed as grantee).
WITNESSETH:
WHEREAS, VBDA is the current owner, and Seven Cities the contract purchaser of that
certain property located in the City of Virginia Beach, Virginia identified as a portion of GPIN
1484 — 79 — 2426, as more particularly described legal description attached hereto and
incorporated herein by reference as Exhibit A (the "Property"); and
WHEREAS, the Grantors have 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 -1 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 Grantors acknowledge that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the subject Property and at
the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned B-2 are needed to cope with
the situation to which the Grantors' rezoning application gives rise; and
WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed 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
GPIN NO.: a portion of 1484 — 79 — 2426
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the re2;oning and the need for which are generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
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 sutject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the Grantee or its governing body and without any element of compulsion of quid pro quo
for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree 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 Grantors, their heirs, personal representatives, assigns, grantees and other successors in
interest or title, nwrrely:
1. Th.e Grantors shall restrict the principal uses on the Property to office, recreational
facilities of an outdoor nature, and recreational facilities of an indoor nature.
2. The Property, when developed, shall be developed in substantial conformity with
the conceptual site plan prepared by Landmark Design Group, entitled "Preliminary Site Plan,
Seven Cities Sports, Virginia Beach", dated January 31, 2008, and revised on March 14, 2008
and April 14, 2008 (the "Concept Plan"), a copy of which is on file with the Department of
Planning and has been exhibited to the Virginia Beach City Council.
3. The first facility constructed on the Property shall be the indoor sports facility,
which shall be built in substantial conformity with the conceptual building renderings prepared
by Lyall Design Architects, entitled "Proposed Renderings for Seven Cities Sports Complex,
Virginia Beach, Virginia", dated April 21, 2008 (the "Renderings"), copies of which are on file
with the Department of Planning and have been exhibited to the City Council. The indoor sports
facility shall also be built in substantial conformity with the conceptual building elevations
P?
prepared by Lyall Design Architects, entitled "Proposed Elevations for Seven Cities Sports
Complex, Virginia Beach, Virginia", dated April 21, 2008, which consist of two (2) sheets (the
"Elevations"), copies of which are on file with the Department of Planning and have been
exhibited to the City Council.
4. Any additional building(s) constructed on the Property shall be designed in a
manner complimentary with the indoor sports facility and the Princess Anne Commons Design
Guidelines. In addition, any additional buildings shall be constructed with the same or
comparable quality of building materials used for the indoor sports facility.
5. The uses conducted on the Property shall be consistent with the concept of an
"athletic village" containing facilities to accommodate the full range of sports skills instruction,
sports training, sports therapy, wellness training and conditioning, and various degrees of sports -
oriented medicine, which are predominantly oriented toward those who have, or might in the
future, avail themselves of the facilities located throughout Princess Anne Commons and the
athletic village.
6. Further conditions lawfully imposed by applicable development ordinances may
be required by the Grantee during detailed site plan and/or subdivision review and administration
of applicable City Codes by all cognizant City agencies and departments to meet all applicable
City Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia
Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of
the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Department
of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee.
9
Upon acquisition of the Property by Seven Cities, Seven Cities shall succeed to all rights
and obligations of the "Grantors" under this Agreement, and the VBDA shall have no further
rights or obligations of a "Grantor" under this Agreement.
[Remaina'er of page intentionally left blank. Signature page to follow]
a
IN WITNESS WHEREOF, the undersigned Grantors execute this Agreement as of the
date first written above.
GRANTOR:
VIRGINIA BEACH DEVELOPMENT
AUTHORITY, a political subdivision of the
Commonwealth of Virginia
By:----��,
Name: D5r)Al Gi lk`�l
Title: (2-V)Cu rW-\aV.,
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 2gi day of &.01 ,
2008, by p0 nai d Y Se (j i o , who is personally known to me or has
produced as identification in his capacity as of
Virginia Beach Development Authority, a political subdivision of the Commonwealth of
Virginia.
4W a Q - x'1/101
Notary Public
My Commission Expires:
Registration No. _+0 q 39 Y9
[NOTARIAL SEAL/STAMP]
354884
5
GRANTOR:
SEVEN CITIES DEVELOPMENT COMPANY,
LLC, a Virginia limited liability company
BY 1-1 ,� e ��
Name:Y� n,o+h Wig. "me,
Title: K'n-m4t e
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit: WM16P9>90NA11Y90 701E
The foregoing instrument was acknowledged before me this A day of ,1 ,
2008, by 'gyp 1h_WW= I who is personally known to me or has
produced �— as identification in his capacity as Mikn.Qpc of
Seven Cities Development Company, LLC, a Virginia limited liability company, oiYbehalf of the
company.
�••` NCf BRED,S •'•
Otary Public U : COMMISSION : N
n ; NUMBER ; Q
267497 t��2�
My Commission Expires: ;'�Sp'•.� •..•
NOTAIM1. IN
Cwwna�w tft of V oft '•. A 01A OBJ • ••
Registration No. MY
mon Expires 1VM0
[NOTARIAL SEAL/STAMP]
C1
Exhibit A
Legal Description
ALL THAT certain piece or parcel of land located in the City of Virginia Beach, Virginia, being
more particularly described as follows:
BEGINNING at a concrete monument lying at the intersection of the northerly right of way line
of Landstown Road and the easterly right of way line of Dam Neck Road (formerly Elbow
Road); thence with the said easterly right of way line of Dam Neck Road North twenty-three
degrees ten minutes thirty-four seconds East (N23U 10' 34"E), a distance of one hundred sixty-
four and 65/100 (164.65) feet to an iron pin; thence along a curve to the right having a radius of
one thousand five hundred fifty and 50/100 (1550.50) feet, and an arc length of one hundred
eighty-one and 31/100 (181.31) feet, delta angle of six degrees twenty four minutes zero seconds
(06024'00"), chord bearing of North twenty six degrees thirty one minutes thirty four seconds
East (N26103 1'34"E), and a chord length of one hundred eighty one and 21/100 (181.21) feet to
an iron pin; thence departing the aforesaid easterly right of way line of Dam Neck Road North
seventy four degrees fifty six minutes forty seven seconds West (N74056'47"W), a distance of
four hundred eighty six and 35/100 (486.35) feet to an iron pin lying on the westerly right of way
line of Recreation Drive; thence with the said westerly right of way line of Recreation Drive
South nine degrees thirty-one minutes six seconds East (S090 31' 06"E), a distance of eight
hundred twenty-eight and 11/100 (828.11) feet to a concrete monument lying at the intersection
of the westerly right of way line of Recreation Drive and the aforementioned northerly right of
way line of Landstown Road; thence with the said northerly right of way line of Landstown Road
along a curve to the left having a radius of one thousand two hundred sixty-two and 50/100
(1262.50) feet, an arc length of seven hundred eighty-three and 03/100 (783.03) feet; delta angle
of thirty five degrees thirty two minutes eleven seconds (3503211"), "), chord bearing of South
forty nine degrees three minutes twenty one seconds East (S49UO3'2I"E), and a chord length of
seven hundred seventy and 54/100 (770.54) feet to a concrete monument; thence North sixty-six
degrees forty-nine minutes twenty-six seconds West (N660 49' 26"W), a distance of one
hundred fifty-eight and 08/100 (158.08) feet to a concrete monument; thence North twenty-one
degrees forty-nine minutes twenty-six seconds West (N210 49' 26"W), a distance of sixty-seven
and 18/100 (67.18) feet to a concrete monument, said monument being the true point and place
of BEGINNING and containing three hundred fourteen thousand forty-nine (314,049) square feet
or seven and 209/1000 (7.209) acres.
IT BEING a portion of that certain lot, tract, or parcel of land together with improvements
thereon belonging, lying, situate, and being in the City of Virginia Beach, Virginia and
designated and described as "AREA I CITY OF VIRGINIA BEACH D.B. 3475 PG. 497, M.B.
245, PG. 98, GPIN 1484-79-2426, AREA = 450,945 SQ. FT. — 10.35227 ACRES" as shown on
that certain plat entitled "PLAT SHOWING ROAD RIGHT-OF-WAY AND EASEMENTS
HEREBY ESTABLISHED FOR THE CITY OF VIRGINIA BEACH", dated July 19, 2001 and
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map
Book 306 at page 13.
7
SOUTHERN VIRGINIA BEACH PROPERTIES
Conditional Zoning Change imm R-1.5 to R-10
Relevant Information:
• Applicant requests a Conditional Change of Zoning from R-15
Residential to R-10 Residential.
• Applicant proposes 42 single-family lots.
• AICUZ is Less than 65.
Evaluation and Recommendation:
• Planning Staff recommended approval
• Planning Commission recommends approval (9-0)
• There was no opposition.
�Hu ^ems,
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Southern Virginia Beach Properties, L.L.C., Change of Zoning District
Classification from R-15 Residential District to Conditional R-10 Residential
District on property located at 4017, 4025, 4037, 4061 and 4105 Indian River Road
(GPINs 1474622765; -1898; -0957; 1474528973; 1474537096; -7205). DISTRICT 1 —
CENTERVILLE.
MEETING DATE: May 27, 2008
■ Background:
The applicant proposes to rezone the existing parcels, zoned R-15 Residential
District, to Conditional R-10 Residential District for the purpose of developing the
site with 42 single-family residential lots. The applicant has assembled six
parcels, all with different property owners, to develop one integrated project.
The Comprehensive Plan recognizes this site to be within the Primary
Residential Area. Proposed development within the Primary Residential Area
should focus strongly on preserving and protecting the overall character,
economic value and aesthetic quality of the stable neighborhoods located in this
area.
■ Considerations:
The submitted plan for the development, to be called Hillcrest Crossing, depicts
42 lots clustered along the northern portion of the site. There is a single entrance
to the site, located near the center of the site frontage. The entrance connects
with a single roadway with several small cul-de-sacs. The applicant is providing a
turn lane into the site to ensure a continuous flow of traffic on Indian River Road.
The applicant is also dedicating 25 -feet along the frontage of the site to
accommodate a shared use recreational path. A stormwater management pond
is proposed in the center rear of the development. The area adjacent to the rear
of the site is designated for the proposed Southeastern Parkway and Greenbelt
(SEP&G) alignment.
The total site area is 24 acres with 17.8 acres above the five (5) foot
contour. The following compares the number of units obtainable under the
by -right R-15 zoning and under the requested R-10 zoning:
■ By -Right — 17.8 acres above 5 -foot contour (developable acres) at
2.25 du/acre [R-15] = 40.05 units.
Southern Virginia Beach Properties, L.L.C.
Page 2 of 2
■ Proposal — 14 acres proposed for development at 3 du/acre [R-10]
= 42 units.
The subdivision on the opposite side of Indian River Road, Hillcrest Farms, is
developed at 2.02 units to the acre. The proposed lot sizes are compatible with
the existing Hillcrest Farms subdivision. The lots are uniform in size and are
clustered along the northern portion of the properties.
Proposed Lots 15, 28, 29 and 30 are affected by floodplain area. The applicant
proposes fill of 17,424 square feet, or 2.8% of the total 14 -acres development.
The Site Plan Ordinance permits minimal fill, up to 5% of the site, to even out
irregularities on sites. Staff discussed the proposed plan with the Public Works
Engineer in the Development Services Center and determined the proposed lots
meet the requirement of the Site Plan Ordinance and no floodplain variances are
required.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 9-0 to approve
this request as proffered.
■ Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting DepartmenVAgency: Planning Department 1
City Manager.
SOUTHERN
VIRGINIA
BEACH
PROPERTIES,
L.L.C.
Agenda Item 19
May 14, 2008 Public Hearing
Staff Planner: Faith Christie
REQUEST:
��, � \ rim• e, .� `� ♦� . ..
`� moi•` ".r`�� ��.��;,'J�. V� �
.• > Yc J >�. t7
L
Change of Zoning District Classification from
R-15 Residential District to Conditional R-10 Residential District
ADDRESS I DESCRIPTION: 4017, 4025, 4037, 4061 and 4105 Indian River Road
GPIN:
14746227650000;
14746218980000;
14746209570000;
14745289730000;
14745370960000;
14745372050000
COUNCIL ELECTION DISTRICT: SITE SIZE:
1 - CENTERVILLE 24 acres (14 acres to be developed)
The applicant proposes to rezone the existing parcels, zoned SUMMARY OF REQUEST
R-15 Residential District, to Conditional R-10 Residential
District for the purpose of developing the site with 42 single-family residential lots.
The submitted rezoning plan for the development, to be called Hillcrest Crossing, depicts 42 lots clustered
along the northern portion of the site. There is a single entrance to the site, located at the center of the
site frontage. The proposed roadway is depicted similar to a backward "C" with several small cul-de-sacs.
A stormwater management pond is proposed in the middle of the site. The area adjacent to the rear of the
site is designated for the proposed Southeastern Parkway and Greenbelt (SEP&G) alignment. There are
also wetlands in that area.
SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.C.
Agenda Item 19
Page 1
The total site area is 24 acres with 17.8 acres above the five (5) foot contour. The northern 14 acres of
the site is proposed for development. The proposed density is 3 units to the acre. The minimum lot size
as depicted or the submitted plan is 10,000 square feet. The existing R-15 Residential properties, if
developed by -eight, could be 2.25 units to the acre, or 40 lots. The subdivision on the opposite side of
Indian River Riad, Hillcrest Farms, is developed at 2.02 units to the acre. While the proposed net density
is higher than ':hat which surrounds it, ten (10) acres of the property is affected by the proposed alignment
of SEP&G, wetlands, and floodplain issues and cannot be developed.
LAND USE AND ZONING INFORMATION
EXISTING LAIND USE: Five single-family dwellings currently occupy the sites.
SURROUNDING LAND North: . Indian River Road and a church / R-15 Residential
USE AND ZONING: South: . A church / R-15 Residential
East: . Indian River Road
• Across Indian River Road is Hillcrest Farms / R-15 (OP)
Residential with an Open Space Promotion Overlay
West: . The proposed Southeastern Parkway and Greenbelt
NATURAL RESOURCE AND The total site area is 24 acres with 17.8 acres above the five (5) foot
CULTURAL FEATURES: contour. The northern 14 acres of the site is to be developed with the
proposed subdivision. Proposed Lots 15, 28, 29 and 30 are affected by
floodplain area. The applicant proposes fill of 17,424 square feet, or
2.8% of the total 14 acres development. The Site Plan Ordinance
permits minimal fill, up to 5% of the site, to even out irregularities on
sites. Staff discussed the proposed plan with the Public Works Engineer
in the Development Services Center and determined the proposed lots
meet the requirement of the Site Plan Ordinance and no floodplain
variances are required. The back 10 -acres of the site are within the
floodplain and have wetlands. The site is in the Southern Watershed
Management Area (SWMA). The SWMA buffer area is depicted on the
rezoning plan.
There are no cultural features associated with the site.
AICUZ: The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian
River Road s a two-lane undivided minor suburban arterial. The Master Transportation Plan (MTP)
proposes a divided, access -controlled roadway with bikeway and scenic buffer within a 150 foot right-of-
way section. A Capital Improvement Program project (CIP) is slated for this area; however, it not yet
SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.C.
Agenda Item 19
Page 2
funded. Indian River Road West (Transition Area Network — CIP 2.506) is for the construction of a four -
lane divided roadway from Elbow Road to North Landing Road. This project also includes landscaping,
aesthetic enhancements, multi -use paths, and bike lanes. A reservation of 30.5 feet such that the
ultimate right-of-way of 150 feet is achieved, in accordance with the Master Transportation Plan
amended 10/12/04, will be required during detailed site plan review.
Traffic Engineering offers the following comments:
• Section 3.6.1 of the Public Works Specifications and Standards Manual requires a 125 foot
minimum centerline radius for subdivision streets. It does not appear this requirement has been
met.
• A 1 foot no-ingress/egress easement will be required along the frontage of Indian River Road
and the proposed Southeastern Parkway.
• The right-of-way reservation/dedication along Indian River Road will be verified upon receipt of
a Map Book/Deed Book/instrument Number reference.
• A left -turn lane into the development from Indian River Road is recommended by this
department. Although this development does not meet the volume warrants for turn lanes, a left -
turn lane would be a safety benefit for motorists because it would provide a means of removing
left turning traffic from higher speed through traffic. In addition, the turn lane would meet driver
expectation for a rural, two-lane section of roadway by eliminating frequent turns from an
otherwise steady flow of traffic.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Indian River
5,966 ADT
8,800 ADT
Existing Land Use — 48
Road
ADT (316 ADT potential
with R-15 constructible
area)
Proposed Land Use 3-
402 ADT (8 AM peak
hour; 27 PM peak hour
'Average Daily Trips
2 as defined by 5 single-family dwellings
Sas defined by 42 single-family dwellings
WATER: This developer must extend City water into the subdivision from Indian River Road. All existing water
services connecting to the existing properties must be abandoned at the main. There is an existing 10 -inch
City water main along Indian River Road.
SEWER: This developer must extend City sewer into the subdivision from Indian River Road. All existing
sewer services connecting to the existing properties must be abandoned at the main. The developer must
provide an analysis of Pump Station #574 and the sanitary sewer collection system to ensure future flows can
be accommodated. There is an existing 10 -inch City gravity sanitary sewer main along Indian River Road.
POLICE: The applicant is encouraged to employ the use of Crime Prevention Through Environmental Design
(CPTED) strategies with regard to street lighting and open space areas. A Lighting Plan and / or Photometric
Diagram Plan should be submitted during detailed site plan review. Lighting must overlap and be uniform
throughout the development.
SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.C.
Agenda Item 19
Page 3
PARKS AND RECREATION: The developer should evaluate the feasibility of installing an eight -to -ten foot
wide asphalt shared -use pathway within the current and proposed Indian River Road right-of-way dedication
along the site':3 frontage. While the pathway would not tie into an existing path at this time, it does have the
potential to eventually tie into the shared -use pathway and sidewalk planned with the Indian River Road Phase
VII improvements.
SCHOOLS:
School Current
Enrollment
Capacity
Generation'
Change 2
New Castle Elementary 749
780
11
9
Landstown Middle 1,566
1,522
6
5
Landstown High 2,297
2,185
8
7
-"generation" represents the number of students that the development will add to the school
2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The
number can be: positive (additional students) or negative (fewer students).
Recommendation: EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the submitted proffers. The proffers are provided below.
Comprehensive Plan:
The Comprehensive Plan recognizes this site to be within the Primary Residential Area. Proposed
development within the Primary Residential Area should focus strongly on preserving and protecting the
overall character, economic value and aesthetic quality of the stable neighborhoods located in this area.
Evaluation:
Staff recommends approval of the request to rezone the site from R-15 Residential to Conditional R-10
Residential for the purpose of developing the site with 42 single-family residential lots. The request
complies with the Comprehensive Plan recommendations for the area and is compatible with surrounding
uses. The applicant has assembled six parcels, all with different property owners, to develop one
integrated project. This alone reduces the number of curb cuts along the right-of-way from six to one.
Existing churches are located on both sides of the proposed development, providing buffers between the
proposed development and future and existing residential developments.
The total site area is 24 acres with 17.8 acres above the five (5) foot contour. The northern 14 -acres of
the site are proposed for development. The proposed density is 3 units to the acre, or 42 lots, with a
minimum lot size of 10,000 square feet. The existing R-15 Residential properties, if developed by -right,
could be 2.25 snits to the acre, or 40 lots. The subdivision on the opposite side of Indian River Road,
Hillcrest Farms, is developed at 2.02 units to the acre. The proposed lot sizes are consistent with the
existing Hillcrest Farms subdivision. The lots are uniform in size and are clustered along the northern
portion of the properties.
Proposed Lots 15, 28, 29 and 30 are affected by floodplain area. The applicant proposes fill of 17,424
square feet, or 2.8% of the total 14 -acres development. The Site Plan Ordinance permits minimal fill, up
SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.C.
Agenda Item 19
Page 4
to 5% of the site, to even out irregularities on sites. Staff discussed the proposed plan with the Public
Works Engineer in the Development Services Center and determined the proposed lots meet the
requirement of the Site Plan Ordinance and no floodplain variances are required.
The Public Works / Traffic Engineering office recommends a left -turn lane into the development from
Indian River Road. Although the proposed development does not meet the volume warrants for a turn
lane, installation of the turn lane would be a safety benefit for motorists. It would provide a means of
removing left turning traffic from higher speed through -traffic and would meet driver expectation for a
rural, two-lane section of roadway by eliminating frequent turns from a steady flow of traffic. The applicant
is dedicating 25 -feet along the frontage of the site to accommodate a left turn lane. This dedication will
also accommodate a shared use recreational path.
Overall, the project is acceptable and in keeping with residential development along Indian River Road.
Staff recommends approval subject to the proffers listed 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,"
(§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
Grantor agrees to a density not to exceed 42 lots for residential single family dwellings.
PROFFER 2:
In order to provide for coordinated development of the Property, the Property shall be developed in
substantial conformity with that certain plan entitled "REZONING PLAN, HILLCREST CROSSING" dated
November 5, 2007, prepared by Porterfield Design (the "Site Plan"), a copy of which is on file with the City of
Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. This
Rezoning Plan was also exhibited to City Council.
PROFFER 3:
Entrance landscaping and signage, as more particularly described in the color coordinated rendering exhibit
entitled "ENTRANCE DESIGN, HILLCREST CROSSING' will be installed at the entrance to the subdivision
along Indian River Road. The landscaping shall substantially conform to the Site Plan and other exhibits
submitted to City Council and the Planning Department for the City of Virginia Beach.
PROFFER 4:
The exterior of the typical dwelling shown upon the Site Plan shall be substantially similar in appearance to
the color coordinated rendering exhibits prepared by Ainslie -Widener and dated 4/8/08, said exhibit being
the same exhibits as the color coordinated exhibit submitted to City Council and on file in the Planning
Department of the City of Virginia Beach, Virginia and being composed of the same building materials and
elevations as reflected upon the said elevation exhibit on file in the Planning Department of the City of
Virginia Beach, Virginia (the "THE HOMES OF HILLCREST CROSSING").
PROFFER 5:
SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.C.
Agenda Item 19
Page 5
In lieu of any required recreation area / shared -use parkway, grantor shall dedicate acreage to the City of
Virginia Beach, as more specifically shown as Parcel A on the rendering exhibit entitled "PRELIMINARY
SUBDIVISION PLAN FOR HILLCREST CROSSING" prepared by Site Improvement Associates, a copy of
which is on file with the City of Virginia Beach, Department of Planning.
PROFFER 6;
In order to accommodate any future widening or development of a shared use path along Indian River Road
Grantor shall dedicate a twenty-five foot stretch of land on the lots that will abut Indian River Road as shown
on the rende-ing exhibit entitled "PRELIMINARY SUBDIVISION PLAN FOR HILLCREST CROSSING"
prepared by Site Improvement Associates, a copy of which is on file with the City of Virginia Beach,
Department of Planning.
PROFFER 7;
Further lawful conditions or restrictions against the Property may be required by Grantee during detailed Site
Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies
and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that
additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals,
including but not limited to final Site Plan approval.
PROFFER 8;.
All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning
Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is
approved by the Grantee.
PROFFER 9;
The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia,
shall be vestod with all the necessary authority on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions specified in this Agreement,
including (a) ;he order in writing of the remedying of any noncompliance with such conditions, and (b) 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 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 City Zoning Ordinance or this agreement, a petition shall be filed to the
governing body for 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 conditions may be readily available and accessible for
public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall
be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in
the name of the Grantor and Grantee.
STAFF COMMENTS: The proffers are acceptable. The proffers insure the site will be developed in
accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan
depicts a coordinated development of the site in terms of design, landscaping, parking, and traffic control
and circulation within the site. The proffered elevations depict proposed homes of equal quality as those
surrounding the site.
The City Attorney's Office has reviewed the proffer agreement dated December 3, 2007, and found it to be
legally sufficient and in acceptable legal form.
SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.C.
Agenda Item 19
Page 6
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.
SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.C.
Agenda Item 19
Page 7
PROPOSED SITE PLAN
SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.C.
Agenda Ile 19
P;;8
I
5:
Z
Y
s
PROPOSED ENTRANCE TREATMENT
SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.C.
Agenda Item 19
Page 10
1.
12/12/88
Conditional Use Permit
(Open Space Promotion
Approved
2.
9/23/03
Conditional Use Permit
Church
Approved
3.
12/8/98
Conditional Use Permit
Church and Daycare)
Approved
ZONING HISTORY
SOUTHERN VIRGINIA BEACH PROPERTIES, L..C.
Agenda Item 19
Page 11 ,`
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
ofganizeition, complete the following:
List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Southsm Virginia Beach Properties, LLC. See attachment.
2. List all businesses that have a parent -subsidiary' or affiliated business entity,
relati unship with the applicant: (Attach list if necessary)
N/A
❑ 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 entity,
relationship with the applicant: (Attach list if necessary)
❑ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
8 —See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes El No 0
If yes, what is the name of the official or employee and the nature of their interest?
Conditional Re;:on ft Application
Page 11 of 12
Revised 1111612006
SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.C.
Agenda Item 19
Peg#' 12
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or wIM provide services with respect
to the requested property use, Including but not limited to the providers of architectural
services, real estate services, finandel services, accounting services, and legal
services: (Attach list if necessary)
PorterMW Design Cenim
SIA She Improvement
Dodl and lMoKhmay. P.C.
' "Parent-subeldiary relationship' means 'a roladwship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another owWratton' See State and Local Government Conflict of Intervals Act, Va.
Coda § 2.2-3101.
' WNW business entity relationship' means *a relationship, other tfsn parent
subsidiary relationship, that exists when p) one business entity has a controlling ownership
Intertest in the other business entity. hi) a controlling owner in one entity In also a controlling
awner in the other entity, or (iii) thane is shared management or control between the business
entities. Factions that should be considered m determining the sWeterlce of an affiliated
business artily 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 empi0ya w or otherwise share activities,
resources or persorinel on a regular basis; or two Is otherwise a doom working relationship
between the entities' See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that IN iMormation contained haroin is true and aocunata.
I undwatarld lot, upon reosipt of notllicatbn (postcard) that the application has been scheduled for
Public hearing, I am responsible fbr obtaining and posting itis required sign on fhb subject prop" at
Meet 30 days prior to the scheduled public hearing momIng to the inebucdons in this package. The
urldsrmood also conaenfe b entry upon the subjW prop" by employees of the Doparlment of
Plarxling b photograph m
Av*v the $ib for purposes Of procaaairg and svakistirp this aMlicalion.
s Print Name
Property omasignature (if oftfent than t) Print Nams
Paye 12 0112
RevYe0 713rM7
SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.C.
Agenda Iterit 19
PD
Pagel` 13
SECOND ADDENDUM
TO THE OPERATING AGREEMENT OF
SOUTHERN VIRGINIA BEACH PROPERTIES, LLC
THIS DOCUMENT forms an integral part of the Operating Agreement of Southern
Virginia Beach Properties, LLC ("the Company"), signed and dated by the Members of the
Company on February 1, 2006, February 2, 2006 and February 3, 2006 and is intended to
memorialize the agreement of the Members to extend the effective time period of the Property
Commitments previously signed by each of the Members pursuant to Article IV of the Operating
Agreement.
WHEREAS the undersigned Members each previously signed Property
Commitments pursuant to Article IV of the Operating Agreement, copies of which
are attached hereto end made a part hereof, and
2. WHEREAS under the terms of the First Addendum to the Operating Agreement,
signed by the Members on August 30, 2007, the effective tern of the said Property
Commitments will expire on December 1, 2007 if the subject properties have not yet
sold pursuant to the terms of the Operating Agreement, and
3. WHEREAS the Members agree that is in their interest to extend the effective term of
the said Property Commitments for the purpose of
a. Negotiating the sale of a portion of each parcel to the City of V irginia Beach to
be used as a right-of-way for the construction of the Southeastern Expressway,
and
b. Petitioning the City of Virginia Beach to re -zone the remaining portion of each
parcel, or all the parcel& collectively, to increase the market value of the parcels
for development, and
c. Negotiating the sale of the remaining portion of each parcel.
THEREFORE the undersigned Members of Southern Virginia Beach Properties, LLC
do hereby modify the terms of each Property Commitment and of Article IV of the
Operating Agreement to extend the period of time dating wh" each of the Property
Commitments will remain in effect to July 31,200L
All other terms and conditions contained is the Property Commitments and the
Operating Agreement remain unchanged and is full fora and effect
IN WITNESS WHEREOF, the undersigned, being Members of Southern Virginia Beach
Properties, LLC, a Virginia limited liability company, hereby evidence their adoption and
ratification of the foregoing Second Addendum, and make it an integral part of the Operating
Agreement for Southern Vifginia Beach Properties, LLC.
DiaBroctweMPaMa l�N
Ente r
1-7
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Daniel J. •elix -kWc—r .Felix J Date
Bobby K Theirnad Date Cecilia A. Thomas . / Date
its
Sara M. f�
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Berry Soose, Trustee of the Soose
Family Joint Declaration of Trust
. 11 -'-1 1&'1
Faye 11. Prise Date
Page I of I
SOUTHERN VIRGINIA BEACH PROPERTIES, L.L.C.
ftenda Iterh 19
'; Page' 14
Item #19
Southern Virginia Beach Properties, L.L.C.
Change of Zoning District Classification
4017, 4025, 4037, 4061, 4015 Indian River Road
District 1
Centerville
May 14, 2008
REGULAR
Donald Horsley: Our next item is item 19, Southern Virginia Beach Properties, L.L.C. An
application of Southern Virginia Beach Properties for a Change of Zoning District
Classification from R-15 Residential District to Conditional R-10 Residential District on
property located at 4017, 4025, 4037, 4061 and 4105 Indian River Road.
Janice Anderson: Welcome Mr. Brockwell.
Dan Brockwell: Madame Chairman, Commissioners. My name is Dan Brockwell. I'm the
managing partner of the Southern Virginia Beach Properties. I think it is important to know
that there are five families in this partnership. And the history of it, it was created under the
guidance of the former Director of Planning. Bob Scott was very concerned about traffic
issues and safety issues on this road, and recommended that I pursue an accredited
partnership with this roughly 1000 feet of frontage to develop this property. I think it is also
important that you know that this past February is the second anniversary that we've been
working on this problem, primarily dealing with the Real Estate Department and their issues;
we have worked with the Planning staff, the engineering staff, the City Manager's Office,
and the Real Estate Department, and hopefully, you've seen the plan. We think we have a
good plan. So far, we've accommodated every criteria that has come up. The latest being
the left turn lane into the project. We are negotiating with Ainslie -Widener, which, from the
beginning, our concern has been to find a very reputable builder to actually build the homes.
The people have been living there for some years. They are very concerned about the quality
of the product that is going to be built. We're in the final stages of negotiation with Ainslie -
Widener. They haven't decided yet actually on the specific house mix, but based on Mr.
Spore's and mine conversation the other day, they are prepared to invest somewhat north of
$13 million dollars in this project, and they plan to proceed with your approval, this fall, with
construction. So, they are not land -banking this project. They are going to go forward if you
do approve this rezoning. The primary benefit is a safety issue. There are five individual
property owners. I'm sure you've seen the neighborhood. There are little strip developments
that go back with each entry. The impact on Indian River Road would be pretty severe. You
would never get a left turn lane on any one project. So, this plan consolidates everything into
one entrance and exit. Ainslie -Widener has agreed to build a left turn entry lane. I think that
was a major concern for all of us. It is a two-lane road until such time as they develop it to
the plan for four -lanes, and having a left turn lane would facilitate traffic without having any
problems. Economically it makes a lot of sense. In this day and time, the primary reason
why we are asking for R-10 zoning is the impact that the roadway had on the property. Itis
roughly 24 acres here, and unfortunately for us, the road takes the best piece and leaves us
Item #19
Southern Virgin:,a Beach Properties, L.L.C.
Page 2
with the road in the back some day, but the geometry worked out. We were originally
planning by -right; we wouldn't have to come here. We had 41 lots. As it turned out, the
economics, for a reasonable planning purposes the plans before for you is 42 lots. Ainslie -
Widener is very excited about it. They like the layout. They like the way the houses will
face different directions. They particularly like the street layout. They think the streetscape
is going to be so:cnething that is very nice. We would appreciate your support, and I will try
to answer any questions if you got them.
Janice Anderson: Are there any questions for Mr. Brockwell? Go ahead Jay.
Jay Bernas: I didn't see it anywhere. Are you dedicating any open space with this project?
Dan Brockwell: Yes. We're giving about three acres in the back, which is some wetlands,
and some usable land on the other side of the road. We went through that with Parks and
Recreation. They thought that was by far the best deal for them.
Janice Anderson: Are there any other questions? Go ahead.
Barry Knight: Mr. Brockwell, when I first saw this project, and it came to us last month,
what I first saw, and we actually did get a change today on this, but up until now, the
submitted rezoning plan and proffered agreement depict a Southeastern Parkway and
Greenbelt and residual wetland areas to be subdivided from the site and dedicated to the City
of Virginia Beach. An of course, we have another one today, that doesn't mention the word
"dedication" in there. And, with asking some questions, I found out, of course you all have, I
guess, entered iwo a contract agreement to not to dedicate but to sell the City the
Southeastern Expressway back there. Okay. Then from your numbers, I think from what I
asked staff is probably, and correct me if I'm wrong, before you entered into contract on the
Southeastern Expressway, you could have gotten 41 lots, but after Southeastern Expressway
is gone, now by the R-15 zoning you can only get 31 lots. And that is from staff this
morning. They said 31 lots so by -right, today as it stands, since you have a valid contract,
you have by -right 31 lots. You're asking for 42 lots. So, I look at the zoning in our map or
zoning map, and I see every single thing here that says R-15, and I don't see anything that
says R-10. The R-15 goes to the density. I know across the street, they have smaller lots in
there, but the density and the zoning is still R-15. And, it is absolutely what we want to do is
to assemble these; properties. You've done exactly what every planner wants you to do is to
assemble properties, particularly in an area like this where just down the road you have 3
stop signs, and people have to give a head nod to each other to go through. We've all seen 10
or 12 cars at rush hour in all three directions; so, it is a little bit intense in this area. When
Indian River Road is going to be widened or straightened is anybody's guess. The question
that I would like to ask you Mr. Brockwell is you assemble the property. You sold to the
Southeastern Expressway. Now all the surrounding properties that I can see on the rezoning
map are zoned at a density of R-15, why should we honor you request to have this one
property, call it an in -fill, an assemblage of properties, whatever, be something different than
all of the surrounding properties.
Item #19
Southern Virginia Beach Properties, L.L.C.
Page 3
Dan Brockwell: Well, there are a couple of things. The surrounding property was developed
in a different economic situation first. And if you look, I think the planner for the property
across the street they average about 9,000 square foot lots. It is different economic times.
The impact of the Southeastern Expressway severely restricts what is going to happen on all
the vacant property along that corridor. So, I think the charge for you folks is to decide
what's best for the city. In this economic environment, trying to build houses that people can
afford, trying to build them with quality people, and again, I will defer to the staff. We
thought the best of all the options that we had available to us was to set it up for what is now
the R-10 zoning with these size lots. They will be economically feasible. So, I don't know,
in a perfect world, if the economy wasn't like the way it is, it might be different
circumstances. The impact of the road on this particular piece of property. The highest and
best use of the property is what we're proposing given all the perimeters. The road took
away whatever options you would have under R-15 zoning to create any kind of financial
viable product. It takes the heart right out of the site.
Barry Knight: Mr. Brockwell, I understand what you're saying about the economic means
and what is economically viable. That is certainly a judgment call, and that comes into
somewhat of our purview of land use policies here. We're supposed to do, of course, what
we think is not only good for the property today in view of the economics of today, but when
you build this project, and your layout looks absolutely wonderful, I just question the density
of it. It's going to be there for many, many, many years. And to your statement about some
of the lots across the street are 9,000 square foot. Yes sir. They are 9,000 square feet but
they have a lot of open space associated with them. So, the zoning density is still the R-15.
Dan Brockwell: Parks and Recreation were very concerned about not developing or having a
pocket park. It creates more problems for them. So, we didn't make this decision
blindfolded. For us, it was really a situation of getting our appraiser and letting the City buy
the whole parcel, which they could not afford to do. So, we tried to work with the City staff
and City Administration to try to balance that scale as best we could with all things
considered. I look forward to Jack and his staff, but we didn't make this decision on R-10
alone. We tried to create a plan that him and his staff could accept and live with. We've
incorporated a lot of their ideas in the layout. We looked at doing an overlay, which is more
dense than R-10 financially, but under the circumstances we felt like this was the best for all
parties concerned.
Barry Knight: I'll just close my comments. I think it is a nice project. I'm glad he
assembled it. I like everything in the proffers. I just think it is too dense in that one
particular area. That is just my thought on it.
Janice Anderson: Al?
Al Henley: You stated that there is open space dedicated for this on the other side of the
road?
Dan Brockwell: Yes. There is about a little bit over three acres on the other side.
Item #19
Southern Virginia Beach Properties, L.L.C.
Page 4
Al Henley: The road that you are referring to is that the Southeastern Expressway?
Dan Brockwell: Yes. We're also dedicating a 25 foot strip across most of the front.
Al Henley: Right.
Dan Brockwell: It is kind of interesting that nobody on the roadway has done that yet. So, I
think, like I said, we've gone through engineering and planning and everybody else. I think
we've addressed everybody's issues as well as they can be addressed.
Al Henley: It is kind of unfortunate that people have to cross the Southeastern Expressway
to get to an open space. Now we can build a bridge.
Dan Brockwell: I understand.
Al Henley: Ano -:her question that I had for you, has there been, and I've looked through
here, unless I missed it, is there a proposed buffer that will buffer this subdivision between
the proposed Southeastern Expressway or will they abut directly up to that?
Dan Brockwell: The Southeastern Expressway, and of itself has got I think has got 300 feet.
It is 160 foot road. So, as best as we can tell from what we've been told today of the people
that think they know where the road is going to be, it will be roughly in the middle of that
300 feet. So, it has built into it a buffer. The plans as you see them have a pretty substantial
backyards, and I think there is 5 or 15 foot around the BMP. So, I think there is ample buffer
there. And that is all wooded now. I think most of that is time. You know VDOT.
Janice Anderson: Joe.
Joseph Strange: So there was 17 developable acres and they are using 14. The other three, is
that part that is across the road?
Dan Brockwell: It belongs to the City.
Joseph Strange: �Dkay. So you are dedicating those three acres to the City. Not selling them.
Dan Brockwell: No, were giving it to them.
Joseph Strange: Okay. So you're giving it to them.
Janice Anderson: Okay. Did you have anything else?
Dan Brockwell: l appreciate your time. I tried to be as brief as I could be.
Janice Anderson: Thank you.
Item #19
Southern Virginia Beach Properties, L.L.C.
Page 5
Dan Brockwell: Thank you.
Janice Anderson: I'll open it up for discussion. There are no other speakers.
Bill Macali: Madame Chair, could I just mention one thing?
Janice Anderson: Please do.
Bill Macali: Just to make sure the record is right. You're voting on the part of the property
that is not going to be purchased by the City; so, the rezoning, if any, won't include that. The
speaker should just probably mention that in his motion, just so we don't inadvertently
rezone the Southeastern Parkway property.
Janice Anderson: We'll try not to do that.
David Redmond: That would be bad?
Bill Macali: It would be better not too.
David Redmond: Okay.
Dan Brockwell: That is why this drawing is created to restate that. It is just the property that
is outlined for the sites from this line down (pointing to Powerpoint). We have already talked
about getting in another drawing, for the legal department, that outlines the whole property
that is going to dedicated to the City. That is in the works.
Janice Anderson: Okay. Go ahead Jay.
Jay Bernas: I have a question for staff.
Janice Anderson: Okay.
Jay Bernas: One of the things across the street that the applicant mentioned was that Parks
and Recreation didn't want to have "pocket parks", and across the street, the reason why they
got the extra density is because they had so much open space. Was there a reason why we
didn't try to incorporate more open space actually in the development as opposed to it being
on the other side of the Southeastern Expressway?
Faith Christie: I wasn't privy to the conversation that Parks and Recreation had with them.
They met out on the site and they were agreeable to the eight foot multi-purpose trail along
the front on Indian River Road. That is all they requested.
Janice Anderson: Go ahead Joe.
Item #19
Southern Virginia Beach Properties, L.L.C.
Page 6
Joseph Strange: So doing the math, you got 300 feet for Southeastern Parkway, 150 of that is
going to be in the middle, so it is about a 75 foot buffer. I mean just doing the math.
Dan Brockwell: It all depends on where VDOT decides to put the buffer.
Joseph Strange: I'm kind of ignorant here. Is that 75 foot? Is that a pretty substantial
buffer? That doesn't sound like a lot to me for Southeastern Parkway coming through there.
It sounds like a lot of traffic and a lot of noise but I mean is that pretty normal 75 feet?
Jack Whitney: Of course, it hasn't been designed and laid out yet but this is intended to be a
parkway section. A parkway section will have buffering on either side of the paved portion,
which is the intent down trough there. This wall is going to be part of a "greenway" system
that links Indian River, or it links Stumpy Lake area, all the way down Indian River Road as
part of a desired greenway, pathway and that is why Parks and Recreation, I believe is keenly
interested in trying to acquire some of the property on Indian River Road to try incorporate
into that trail system.
Joseph Strange: So that is pretty normal?
Jack Whitney: Yes.
Joseph Strange: Okay.
Donald Horsley: Jack, isn't it kind of unusual that we don't have very much open space
within this development? I mean this three acres on the other side of the Southeastern
Expressway. I mean what's the value of that? Not to this development.
Jack Whitney: There are also some floodplain impacts in the area that have to be avoided
and we'll take care of that during the site plan review process. It's a small subdivision
number of acreage wise. In order to get some usable open space, it being small portions,
which Parks and Recreation, I think has been mentioned earlier is not as interested in those
little small slivers of parks. They are not that usable as open space for these communities.
They tend to end of being some sort of, quite often, a maintenance issue. So, I think the
thinking lately is that, recently, we tried to incorporate open space in terms of contiguous or
opportunities for contiguous connectivity with open space in the area, and around it rather
than small little, as we used to call "tot lots" like was the case in development years ago.
Janice Anderson: Go ahead Al.
Al Henley: A question for Jack. Would it be, and you mentioned that a Southeastern
Expressway of course has not been designed or planned really, other than, possibility, a route
to be taken? Assuming that we go forth today with this, would it be, a possibility that VDOT
would look at these three acres and approach the city and say, unless you have other use for,
could we utilize, meaning VDOT, utilize this as a BMP?
Item #19
Southern Virginia Beach Properties, L.L.C.
Page 7
Jack Whitney: That would be an opportunity. Pardon the expression, a long ways down the
road. But yes.
Al Henley: It could possibly offset the compensation for loss of wetland and that sort of
thing?
Jack Whitney: Yes. That is correct. That is an important point. The environmental permits
and the mitigation scheme has not been established.
Janice Anderson: Go ahead Barry.
Barry Knight: I'm trying to weigh the pros and cons of the situation, because ultimately
what I want is just a nice project. On the pro side, Mr. Brockwell has assembled these
properties, which is wonderful. Also, on the pro side, there is a very nice looking
development in here. On the minus side, I don't like the density, but Mr. Whitney, if I could
ask you a question? If this piece of property, these assemblages of these pieces of property
stayed at R-15, if we didn't grant the zoning to R-10, what are we getting out of the deal? I
mean, would we still be able to require a left turn lane? Would be still able to require a road
dedication? Do you understand where I'm coming from?
Jack Whitney: I do. If you look at the zoning map, you will notice that entire corridor zoned
the way it is, is comprised of lots of narrow, right now, single-family lots, which are zoned
R-15 for the most part in that view there. If they came in under their by -right condition right
now, given their limited road frontage, they would be able to develop, but it would be very
difficult practically speaking to get any kind of turn lanes. We're going to have a real
difficult challenge managing curb cuts along Indian River Road in the by -right condition as it
is zoned currently. So, to encourage assembly of parcels in order to get one with adequate
frontage to get turn lanes, and that sort of thing is preferable than the multiple curb cuts along
there that occur otherwise. That is what you see in the other subdivisions along Indian River
Road. Those began life very similar to this one where there were a lot of, almost lined up
like soldiers down Indian River Road, narrow lots. And through assembling them. we were
able to manage and dramatically reduce curb cuts onto Indian River Road through that entire
corridor. So, land assembly under the existing zoning create opportunities for a more
manageable, less impacted traffic condition.
Barry Knight: Mr. Whitney, I understand what you said. These properties, now he's
assembled them. I know they are separate parcels. Now, that he has assembled them, if he
assembles these, and he has permission for 42 lots, we see his plans. If he assembles them
and he has permission for 31 lots by -right, does he still come under the City Planning
Department's scrutiny or direction of putting in a turn lane?
Jack Whitney: We'll be reviewing that during the site plan. It is not really a large enough
subdivision in of itself to warrant a traffic impact study, which would call for a turn lane. We
would be looking at that through the site plan review when that process commences. Also, it
is up to 42 units. There may, and when it gets down to wetlands or floodplain impacts, it
Item #19
Southern Virginia Beach Properties, L.L.C.
Page 8
may not be 42. It may be something less than that, but all that will be addressed during the
DSC review of the site plan.
Barry Knight: I'm kind of looking for a reason why if he's got a right for 31 lots, why we
should give him 42. What is the City getting out of it? What is the City benefit getting by the
stroke of a pen giving him eleven additional lots?
Jack Whitney: That's a question that either the Commission or City Council would deal with.
I think the merits of the tradeoff would have to do with better design subdivision with
proffered elevations for quality of the units. And like I mentioned earlier, a more
manageable ultimate traffic flow through that corridor. So, those would be considerations
that might play into your deliberation of whether or not that is sufficient enough to go to a
configuration that would be pretty close to what you have across, even though it is not the
exact zoning category. It is equivalent to the density that we are talking about here. Because
of the open space- provision, which they developed under, which is no longer as heard this
morning, it is no longer on the books or available for these types of projects.
Janice Anderson: Are there any other questions? Okay. I'll open it up for comment then.
I'll go ahead and start then. I am in support of the application, and I'll tell you why. I
believe it is a challenging piece here, because you're looking at developing a parcel of land
that will be between two roadways. And so, what they have proposed is a very nice
development with nice quality houses. It is going to be a very good investment here. And,
so far as what we are going to get from it Barry, I believe those things will offset the density.
I think to get that higher investment or higher quality you're going to have a bit more density
here. I think the turn lanes, they are proffered, they will come. It is not going to be whether
the traffic is high enough, and they possibly will be and possibly not. I think the road will
definitely benefit from these right turn lanes and the dedication being put in place. Also,
what he has done before, and this has been a two year process where he has put together five
different parcels of land. And, then you've closed down six entrances, and he has it down to
one. So, with the extra density, I'm in support of it. The lots are the same size as across the
street even thoug i the density overall may be heavier. I think it is comparable and
comfortable and ]'would be in support of it. Go ahead Al.
Al Henley: Originally, when I looked at this application, I was not in favor of it. To me, it
had too many negative points primarily because for the open space was located, how would
you get there? The density? I had a problem with density, and like a lot of other projects
that come across, I look at the density of it. But hearing and eliminating the existing lots, as
we see it today, and eliminating those existing entrances, and what Jan has just said, with the
additional lots, and what the City would be getting out of this would be a much higher
standard project that we would be getting in here. I just came across Indian River Road
yesterday from out of town, and that road, as we all know, is a terrible road with all the other
developments that have grown on it and has developed on it. With the right and left turn
lanes that will be incorporated in that subdivision, it will certainly help the volume of traffic
especially entering and exiting from this site. So, that is what really swayed me from
thinking that I'm against this project to a more positive and saying, well, I think if this going
Item #19
Southern Virginia Beach Properties, L.L.C.
Page 9
to be developed it is going to be developed better at this particular sense than what we have
out there today and what could have been. Thank you.
Janice Anderson: Go ahead.
Barry Knight: I'll tell you, I'm kind of going to agree with Al. This is something that I had a
lot of questions about. There are so many nuances on this piece of property. And, I still
don't like the density. I wish the density was a little bit less but I certainly do understand
economic condition out there. The reason why I am going to vote for it is because of the
assemblage of properties and because of the left turn lane. It is what I think some of these
elevations that he has showed us on the video screen a while ago looked like, according to
Mr. Whitney, the City is going to have some more control over this property than if they had
done it by -right. So, I'm glad that we got a chance to hear this thing. And everything came to
the light of day, but it is going to be a trade-off. We're going to give the property owners a
little bit more density, but maybe we will a little bit better quality project since that came out,
I'm going to support it.
Janice Anderson: Go ahead Dave.
David Redmond: I move for approval.
Henry Livas: Second.
Janice Anderson: A motion by Dave Redmond and a second by Henry Livas.
Ed Weeden: By a vote of 9-0, the application of Southern Virginia Beach Properties, L.L.C.
has been approved.
Janice Anderson: Thank you.
Dan Brockwell: Thank you.
AYE 9 NAY 0 ABS 0 ABSENT 2
ANDERSON
AYE
BERNAS
AYE
CRABTREE
ABSENT
HENLEY
AYE
HORSLEY
AYE
KATSIAS
ABSENT
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
RUSSO
AYE
STRANGE
AYE
Ed Weeden: By a vote of 9-0, the application of Southern Virginia Beach Properties, L.L.C.
has been approved.
Janice Anderson: Thank you.
Dan Brockwell: Thank you.
In Reply Refer To O it File No. DF -6993
TO: Leslie L. Lilley
�j
FROM: B. Kay Wilson'
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: May 16, 2008
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Southern Virginia Beach Properties, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on May 27, 2008. 1 have reviewed the subject proffer agreement, dated
December 3, 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: Kathlee Nissen
SOUTHERN VIRGINIA BEACH PROPERTIES, LLC, a Virginia limited liability company
To
CITY OF VIRGINIA BEACH
a Municipal Corporation of the
Commonwealth of Virginia
THIS PROFFER AGREEMENT ("Agreement") made this 3rd day of December, 2007,
by and among SOUTHERN VIRGINIA BEACH PROPERTIES. LLC, a Virginia limited
liability company, whose members are D&G Enterprises, a Virginia general partnership, Daniel
Felix, Jenifer A. Felix, Bobby K. Thomas, Cecilia A. Thomas, Jacob J. Hershberger, Jr., Sara M.
Hershberger, John W. Soose, Trustee of the Soose Family Joint Declaration of Trust, Betty M.
Soose, Trustee of the Soose Family Joint Declaration of Trust, Donald W. Price and Faye E.
Price (collectively herein, the "Grantor"); and THE CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia (the "Grantee"), with an address of 2405
Courthouse Dr., Municipal Center, Virginia Beach, VA 23456.
RECITALS:
A. Southern Virginia Beach Properties, LLC ("SVBP") is the contract owner of five
adjoining parcels of property located in the City of Virginia Beach at 4017 Indian River Road,
4025 Indian River Road, 4037 Indian River Road (which address is assigned two GPINs), 4061
Indian River Road and 4105 Indian River Road, (the "Property"), less and except the portions of
those parcels which shall be necessary for the future construction of the roadway to be known as
the Southeastern Expressway/Greenbelt, which shall be severed from the Property pursuant to a
subdivision plat submitted for approval to the City of Virginia Beach as more particularly set
forth herein. The legal description of the parcels listed in this paragraph A are attached hereto as
Exhibit A.
GPIN: 1474.62-27654000 PREPARED BY: MARK L. MCKINNEY, ATTORNEY AT LAW,
1474-62-1898-0000 DODL & MCKINNEY, P.C.
1474.62-0957-0000
1474-52-8973-0000
1474-53-70964)000
1474-53-720544
B. Gnintor has initiated an amendment to the Zoning Map of the City of Virginia
Beach by petition of Grantor addressed to Grantee to change the zoning classification of the
Property from R-15 to Conditional R-10. The proposed amendment is made pursuant to the
terms of the City ;honing Ordinance of the City of Virginia Beach, adopted April 18, 1988, as
amended and in effect on the date of this Agreement (the "City Zoning Ordinance").
C. Grantee's policy is to provide for the orderly development of land for various
purposes, including; residential purposes, through zoning and other land development legislation.
D. Grantor acknowledges that in order to prevent incompatible land use, reasonable
conditions governing the use of the Property, in addition to the regulations generally applicable
to land zoned R-10 as specified in the City Zoning Ordinance, are required to address the project
proposed in Grantor's rezoning application.
E. Grantor has voluntarily proffered in writing, prior to the public hearing before
Grantee, as a pari: of the proposed amendment to the Zoning Map and in addition to the
regulations specified in the City Zoning Ordinance for the R-10 zoning district, reasonable
conditions outlinedin this Agreement related to the development and operation of the Property.
These conditions will be adopted as a part of the amendment to the Zoning Map relative to the
Property, and have; a reasonable relation to the use of the Property as rezoned R-10 and are
needed as a result of the rezoning.
F. The: conditions outlined in this Agreement have been proffered by Grantor and
allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and
the Zoning Map. These conditions shall continue in full force and effect until a subsequent
amendment changes the zoning of the Property; provided, however, that such conditions shall
continue if the subsequent amendment is part of the comprehensive implementation of a new or
substantially revised zoning ordinance of Grantee.
0
NOW, THEREFORE, Grantor, its heirs, successors, assigns, grantees and other
successors in title or interest to the Property, voluntarily and without any requirement by or
exaction from Grantee or its governing body and without any element or compulsion oruid pro
quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the following
declaration of conditions and restrictions governing the use and physical development and
operation of the Property, and covenants and agrees that this declaration and the further terms of
this Agreement shall constitute covenants running with the Property, which shall be binding
upon the Property, and upon all persons and entities claiming under or through the Grantor, its
heirs, successors and assigns, grantees and other successors in interest or title to the Property;
namely:
1. Grantor agrees to a density not to exceed 42 lots for residential single family
dwellings.
2. In order to provide for the coordinated development of the Property, the Property
shall be developed in substantial conformity with that certain plan entitled "REZONING PLAN,
HILLCREST CROSSING" dated November 5, 2007, prepared by Porterfield Design (the "Site
Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with
regard to layout, ingress and egress, and landscaping. This Rezoning Plan was also exhibited to
City Council.
3. Entrance landscaping and signage, as more particularly described in the color
coordinated rendering exhibit entitled "ENTRANCE DESIGN, HILLCREST CROSSING" will
be installed at the entrance to the subdivision along Indian River Road. The landscaping shall
substantially conform to the Site Plan and other exhibits submitted to City Council and the
Planning Department for the City of Virginia Beach.
3
4. The exterior of the typical dwelling shown upon the Site Plan shall be
substantially similar in appearance to the color coordinated rendering exhibits prepared by
Ainslie -Widener and dated 4/8/08, said exhibit being the same exhibits as the color coordinated
exhibit submitted to City Council and on file in the Planning Department of the City of Virginia
Beach, Virginia ar.d being composed of the same building materials and elevations as reflected
upon the said elevation exhibit on file in the Planning Department of the City of Virginia Beach,
Virginia (the "THF; HOMES OF HILLCREST CROSSING").
5. In lieu of any required recreation area/shared-use parkway, Grantor shall dedicate
acreage to the City of Virginia Beach, as more specifically shown as Parcel A on the rendering
exhibit entitled "PRELIMINARY SUBDIVISION PLAN FOR HILLCREST CROSSING"
prepared Site Improvement Associates, a copy of which is on file with the City of Virginia
Beach, Department of Planning.
6. In order to accommodate any future widening or development of a shared use
path along Indian River Road, Grantor shall dedicate a twenty-five foot stretch of land on the lots
that will abut Indian River Road as shown on the rendering exhibit entitled "PRELIMINARY
SUBDIVISION PLAN FOR HILLCREST CROSSING" prepared Site Improvement Associates,
a copy of which is on file with the City of Virginia Beach, Department of Planning.
7. Further lawful conditions or restrictions against the Property may be required by
Grantee during the detailed Site Plan review and administration of applicable codes and
regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be
observed or performed by Grantor. Grantor acknowledges that additional further lawful
conditions or restrictions may be imposed by Grantee as a condition of approvals, including but
not limited to final Site Plan approval.
4
8. All references hereinabove to zoning districts and to regulations applicable thereto,
refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the
conditional rezoning amendment is approved by the Grantee.
9. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of
Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions
and restrictions specified in this Agreement, including (a) the ordering in writing of the
remedying of any noncompliance with such conditions, and (b) 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 City Zoning Ordinance or
this Agreement, a petition shall be filed to 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 conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning Department and that
they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia and indexed in the name of the Grantor and Grantee.
REMAINDER OF PAGE LEFT INTENTIONALLY BLANK
5
WITNESS the fallowing signs and seals:
SOUTHERN VIRGINIA BEACH PROPERTIES, LLC,
a Virginia limited liabili mpany
By: -
Dan H. Brockwell
Its: Manager
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
the undersigned, a Notary Public in and for the
City and State aforesaid, A hereby certify that Dan H. Brockwell, whose name is signed to the
foregoing instrument as Manager of Southern Virginia Beach Properties, LLC, a Virginia limited
liability company, has sworn to, subscribed, and acknowledged the samebcse.me in
and Commonwealth aforesaid this \�1 day of M ��,�r_k , 20
said limited liability company. 9 =__
otar Pub
li *OTA�/►W.&I
My commission expires: ����1, ,� �.•
Registration No.: Aft LICA -�
4017 Indian River Road. -
Dan H. roc wel , Partner
D&G Enterprises
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
I, - cx� \_,) %r a\ , the undersigned, a Notary Public in and for the
City and State aforesaid, do hereby certify that Dan H. Brockwell, whose name is signed to the
foregoing instrument as Partner of D&G Enterprises, a Virginia General Partnership, has sworn
to, subscribed, ar,.d acknowledged the same before me in the City and Commonwealth aforesaid
this \—I day of CV, (� 2008 on behalf of said limited4iability conjQW.&._.
_ �`'`�t111.0
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N tary blic �► • •�O• • >>�J•
My commission expires: 10\ a��� •.
Registration No.: '-11
Z :9ftooC ��
4025 Indian River Road.-
COMMONWEALTH
oad:
Daniel J. Felix
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
c., -, , -,,c e c�oc-o,\ , the undersigned, a Notary Public in and for the
City and State aforesaid, do hereby certify that Daniel J. Felix, has sworn to, subscribed, and
acknowledged the same before me in the City and Commonwealth aforesaid this k4 day of
��«c C Vc-- , 2008 on beh of said Tfii:ted liability mpany.
N t4 Pub c♦���,'�N LV,,,�
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My commission expires: —,toX�
Registration No.: `l
4025 Indian River Road.-
COMMONWEALTH
oad:
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Jenif r A. Yelix
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
�►°TA9r 0
L A
k 0800
the undersigned, a Notary Public in and for the
City and State aforesaid, do ereby certify that Jenifer A. Felix, has sworn to, subscribed, and
acknowledged the same before me in the City and Commonwealth aforesaid this \t day of
2008 on behalf o said limited liability company.
Notjary blic
My commission expires:
Registration No.: —T 1-A
IF
4025 Indian River Road:
Bobby K. Nomas
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
n
c`
19 _ ate ca hJ�AP d- t 0o , the undersigned, a Notary Public in and for the
City and State aforesaid, do ereby certify that Bobby K. Thomas, has sworn to, subscribed, and
acknowledged the same before me in the City and Commonwealth aforesaid th' 111
2008 on behalfiof said limited liahilitv comnanv �� y
N
My commission expires:
Registration No.: `1 \`\3�'�VI
4025 Indian River Road:
COMMONWEAI:,TH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
Oases
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Cecilia A. Thomas
I, `So c -a , the undersigned, a Notary Public in and for the
City and State aforesaid, do h4reby certify that Cecilia A. Thomas, has sworn to, subscribed, and
acknowledged the: same before me in the City and Commonwealth aforesaid this �_ day of
X—No,g-cam , 2008 on behalf of s id limited 1'ability compan .
Not Pub is
My commission expires:
Registration No.: —I I x -13-I 3-j
8
4037Indian River Road:
c,peT Hershberger, Jr.
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
I, c,, �_jc n e c� . c�,N , the undersigned, a Notary Public in and for the
City and State aforesaid, cfo hereby certify that Jacob J. Hershberger; Jr., has sworn_ _ to,
subscribed, and acknowledged the same before me in the City and Common)
% day of `cam , 2P08 on behalf of said limited liabi
Public
My commission expires:
Registration No.: –1 \-,A
4037Indian River Road:
Sara M. Hershberger
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
ver- �.�••.•.��f/
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161 11'k!'
I, C_:" U j \ e , the undersigned, a Notary Public in and for the
City and State aforesaid, do h6reby certify that Sara M. Hershberger, has sworn to, subscribed,
and acknowledged the same before me in the City and Commonwealth aforesaid this i day
of 2008 on behal of said lim'ted liability company.
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Registration No.: —1 \A
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4061 Indian River Road.-
,rohn W. Soose, Trustee Wthe Soo
FamO Joint Declaration of Trust
COMMONWEALTH OF VIRGINIA (
CITY OF VIRGINIA BEACH, to -wit:
1, c-�Ccc\ , the undersigned, a Notary Public in and for the
City and State aforesaid, do Wereby certify that John W. Soose, whose name is signed to the
foregoing instrument as Trustee of the Soose Family Joint Declaration of Trust, has sworn to,
subscribed, and e.cknowledged the same before me in the City and Commonw,alth aforesaid this
day of c�pn behalf o said limited liability crtyilll!//,
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4061 Indian River Road:
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Betty M. So e, Trustee of the Soose
Family Joint Declaration of Trust
COMMONWEALTH OF VIRGINIA
CITY OF VIRGIVIA BEACH, to -wit:
I, ,c cx k _ , 3 o,< , the undersigned, a Notary Public in and for the
City and State aibresaid, do ereby certify that Betty M. Soose, whose name is signed to the
foregoing instrument as Trustee of the Soose Family Joint Declaration of Trust, has sworn to,
subscribed, and acknowledged the same before me in the City and Commonwealth aforesaid this
\"o day of`(1c� c < <� , 2008 on behalf of said limited liability, companyy.
1 �/
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4105 Indian River Road. -
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
,17 /� 1,
6�7 ' Li, 2.
Donald W. Price
eo.� , the undersigned, a Notary Public in and for the
City and State aforesaid, do heieby certify that Donald W. Price, has sworn to, subscribed, and
acknowledged the same before me in the City and Commonwealth aforesaid this \�,sl�l
2008 on behalf of said limited liability company. �0\'
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4105 Indian River Road: //// �AlLml11
Faye E. Price
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
the undersigned, a Notary Public in and for the
City and Stikaforesaid, do libreby certify that Faye E. Price, has sworn to, subscribed, and
acknowledged the same before me in the City and Commonwealth aforesaid this \4b_ day of
cry , 2008 on behalf of said limited liability; company.
Nod Public( llllfill//,
My commission expires: I C 3 acs
Registration No.: —1 \ L13 -"t 3-1
EXHIBIT A
LEGAL DESCRIPTION
PARCEL ONE: 4017 Indian River Road
ALL THAT certain piece or parcel of land, with the improvements thereon lying, situate and
being in the City of Virginia Beach, Virginia, near Stumpy Lake and more particularly bounded
and described as follows, to -wit:
BEGINNING on the Western side of Indian River Road extended, which point is in the dividing
line between this property and other property now or formerly belonging to Clarence Byler and
Virginia Byler, his wife, and now or formerly owned by Roy L. Hudson, and which point is
293.9 feet as measured along the western side of Indian River Road Extended from an iron pin
on the Western side of Indian River Road Extended, at the point where the property formerly
owned by Clarence Byler and Virginia Byler, his wife, and now belonging to Eddie Hill, joins
the property fonnerly owned Clarence Byler and Virginia Byler, his wife, and now or formerly
belonging to J.W. Netherland, and from said point of beginning running thence South 48 deg.
42' West 1089.0 feet to a point; thence North 41 deg. 18' West 120 feet to a point; thence North
48 deg. 42' East 1089.0 feet to an iron pin on the western side of Indian River Road Extended;
thence running Mong the western side of Indian River Road Extended; thence running along the
western side of Indian River Road Extended South 41 deg. 18' East 120 feet to the point of
beginning.
PARCEL TWO: 4025 Indian River Road
ALL THAT certain tract, piece or parcel of land, situated and being in Kempsville District,
Princess Anne County, Virginia, and being described as follows, beginning at a point at a pin on
the northwestern side of Indian River Road Extended, which pin is distant 413.9 feet northwest
of corner of the property of Eddie L Hill et ux and conveyed to him by deed dated September 17,
1953, and recorded in the hereinafter mentioned Clerk's Office in Deed Book 314, at page 293'
thence south 48 degrees and 42; west 1,089 feet to a point; thence north 41 degrees 18' west 200
feet to a point; thence north 48 degrees 42' east 1089 feet to a pin on the western side of said
Indian River Road Extended; thence south 41 degrees 18' east along the northwestern side of
said road 200 feet to the point of beginning.
IT BEING the same property conveyed unto Bobby K. Thomas and Cecelia A. Thomas and
Daniel J. Felix and Jenifer A. Felix by deed of Catherine A. Terry, said deed dated June 14, 1996
and duly recorded in the aforesaid Clerk's Office in Deed Book 3631 at page 1758. IT ALSO
BEING the same property conveyed to Jenifer A. Felix by deed of Daniel J. Felix and Jenifer A.
Felix, said deed dated October 27, 1998 and duly recorded in the aforesaid Clerk's Office in
Deed Book 3994 at page 1320.
12
PARCEL THREE: 4037 Indian River Road
ALL THAT certain lot or parcel of land, with the buildings and improvements thereon, situate
and being in the Kempsville Borough of the City of Virginia Beach, Virginia, as shown on that
certain plat entitled "PHYSICAL SURVEY PROPERTY OF DOLLIE C.WARD.
KEMPSVILLE BOROUGH, VIRGINIA BEACH, VA", dated May 10, 1979, revised May 14,
1979, and made by Gallup Surveying, Ltd., which plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map Book 133, at page 54, and being
more particularly described as follows:
BEGINNING at an iron pin on the western side of Indian River Road (formerly known as Indian
River Road Extended) as shown on the said plat, which pin is 3025 feet more or less in a
southerly direction from the intersection of Indian River Road and Elbow Road, and is on the
dividing line between this property and property belonging to Daniel P. Terry and from said
point of distance of 1089 feet to a point in the dividing line between this property and property
now or formerly belonging to C.H. Byler; thence N 41 degrees 18' W a distance of 10 feet;
thence N 48 degrees 42' E a distance of 44 feet; thence S 41 degrees 18' E a distance of 10 feet;
thence N 48 degrees 12' E a distance of 478 feet to a point on the western side of Indian River
Road; thence S 41 degrees 18' E along the western side of Indian River Road a distance of 132
feet to an iron pin, the point of beginning.
ALL THAT certain lot or parcel of land, with the buildings and improvements thereon, situate
and being in the Kempsville Borough of the City of Virginia Beach, Virginia, as shown on that
certain plat entitled "PHYSICAL SURVEY PROPERTY OF DOLLIE C.WARD.
KEMPSVILLE BOROUGH, VIRGINIA BEACH, VA", dated May 10, 1979, revised May 14,
1979, and made by Gallup Surveying, Ltd., which plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map Book 133, at page 54, and being
more particularly described as follows:
BEGINNING at an iron pin on the western side of Indian River Road (formerly known as Indian
River Road Extended) as shown on the said plat, which pin is 2793 feet more or less in a
southerly direction from the intersection of Indian River Road and Elbow Road, and from said
point of beginning running S 41 degrees 18' E distance of 108 feet to a point; thence S 48
degrees 12' W a distance of 478 feet to a point; thence N 41 degrees 18' W a distance of 10 feet;
thence S 48 degrees 42' W a distance of 44 feet; thence S 41 degrees 18' E a distance of 10 feet;
thence S 48 degrees 42' W a distance of 567.18 feet to a point in the dividing line between this
property and property now or formerly belonging to C.H. Byler; thence N 42 degrees 09' 30" W
along the side boundary line a distance of 136.59 feet to a point; thence N 50 degrees 12' E a
distance of 1091.60 feet an iron pin, the point of beginning.
IT BEING the same property conveyed to Terry L Kuhns, separated, by deed from Dwight A.
Kuhns, Sr. and Terry L. Kuhns, husband and wife, dated April 7, 1995.
13
PARCEL FOUR: 4061 Indian River Road
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon,
situate and being; in the City of Virginia Beach, Virginia, being known, numbered and designated
as Parcel A, 4.636 acres, more or less, as shown on that certain plat entitled, "Subdivision of
10.003 acres, more of less, Site on Indian River Road for Donald H. and Marie A. Russell,"
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 64, Page 14.
IT BEING the sxne property conveyed to the Grantors herein by deed from Earl J. Newman and
Elizabeth G. Newman, dated August 18, 1999, and recorded in the aforesaid Clerk's Office, in
Deed Book 4132, at Page 1613.
PARCEL FIVE: 4105 Indian River Road
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon,
and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia
Beach, Virginia, and known, numbered and designated as Parcel B, as shown on that certain plat
entitled "Subdivision of 10.003 acres site on Indian River Road for Donald H. and Marie A.
Russell", 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 64, at page 14.
IT BEING the :came property conveyed to I.R.I.A., Inc., a Virginia Corporation, by Deed of
William F. Moore and Kimberly B. Moore, husband and wife, dated 4/1/87, recorded in the
Clerk's Office of the Circuit Court of Virginia Beach, Virginia in Deed Book 2619 at page 1533.
14
-41 -
Item V-18.
PLANNING ITEM # 53011
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED Ordinance
upon application of ESI PROPERTIES II, L.L.C. and KAMAREK PROPERTY II, L.L.C. for a
MODIFICATION of Conditions (Proffer No. 1) re a Conditional Change of Zoning approved by City
Council on July 9, 1996 (Electronic Systems, Inc)
ORDINANCE UPONAPPLICATIONOFESIPROPERTIESII, L.L.C.
AND KAMAREKPROPERTYII, L.L.C. FOR A MODIFICATIONOF
CONDITIONS FOR CONDITIONAL CHANGE OF ZONING
DISTRICT CLASSIFICATION APPROVED BY CITY COUNCIL ON
JULY 9, 1996 (ELECTRONIC SYSTEMS, INC.)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of ESI Properties H,, L.L.C. and Kamarek
Property II, L.L.C. for a Modification of Conditions fora Conditional
Change of Zoning District Classification approved by City Council on
July 9, 1996 (Electronic Systems, Inc). Property is located on the
southwest side of Expressway Drive, approximately 170 feet northwest
of Edwin Drive (GPINS 14776062640000; 14766956570000).
DISTRICT 3 — ROSE HALL
The following condition shall be required:
1. An Agreement encompassing the modified proffer 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 (fl of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th of September, Two Thousand
Four
Voting: 10-0 (By Consent)
Council Members Voting Aye:
Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, MayorMeyera E. Oberndorf, Jim Reeve, Peter W.
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel
September 14, 2004
ESI PROPERTIES
Modification of Proffers
Relevant Information:
• Applicant requests a Modification of Proffers to allow for an addition
to an existing building.
• The original proffers tied the location and size of the building to a
proffered site plan; thus, to expand the building, a modification is
needed.
• Addition consists of an 8,500 square foot addition of warehouse
space; exterior will match the existing building.
• Adequate parking for the combined floor area is provided on the site.
Evaluation and Recommendation:
• Planning Staff recommended approval
• Planning Commission recommends approval (11-0)
• There was opposition
.,t
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of ESI Properties, II, L.L.C. for a Modification of Conditions for
a request approved by City Council on September 14, 2004 (ESI Properties &
Kamerek Properties). Property is located at 4417 Expressway Drive and 369, 365
and 361 Edwin Drive (GPINs 1477605028; -7493). DISTRICT 3 — ROSE HALL
MEETING DATE: May 27, 2008
■ Background:
On July 9, 1996, the City Council approved a Conditional Rezoning from 0-2
Office District to 1-1 Light Industrial District for the subject parcel. There were
three (3) proffers as part of that rezoning, addressing (1) compliance with the site
plan submitted with the rezoning, (2) the type of landscaping to be planted, and
(3) the type of uses that the property can be used for.
On September 14, 2004, the City Council considered and approved a
modification to the 1996 proffer agreement. The primary change was the
approval of a new site plan as part of Proffer 1. Proffer 2 of the 2004 Modification
merely stated that all of the other proffers from 1996 remained in force.
Since Proffer 1 of the 2004 Modification pertains to a site plan that restricts the
number and location of structures on the property, the applicant is now
requesting a further modification to allow the construction of an addition to the
existing building on the site.
■ Considerations:
There are actually two (2) parcels that make up this six (6) acre site. The
proposed additional building is depicted on Parcel B, the northernmost parcel
with frontage along Expressway Drive. The site plan depicts this structure as a
one (1) story building with a mezzanine totaling 8,500 square feet. The proposed
structure will be located on an area currently used for loading. This parcel
requires a total of 96 spaces with this addition. The site plan depicts an
additional 20 parking spaces to bring the total available to 96.
The submitted elevation for the addition depicts a building with exterior building
materials that match the existing building. The proposed building elevation
depicts a reddish -brown brick veneer with projected brick accent course and a
possible future entrance canopy or pilaster, also to match the existing.
ESI Properties II, L.L.C.
Page 2 of 2
The immediate area is developed with office and warehouse type uses. The
proposed addition and its proposed use will be consistent with the surrounding
area. The proposed addition to the existing structure will be used primarily as an
expansion to the existing warehouse within the building.
The Planning Commission placed this item on the consent agenda because the
addition and proposed use will be consistent with the surrounding area and there
was no opposition to the proposed modification.
■ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0 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.
n
Submitting Department/Agency: Planning Department i
City Manager v-- , 7586,-n
ESI PROPERTIES
II, LLC
Agenda Item 4
April 9, 2008 Public Hearing
Staff Planner: Carolyn A.K. Smith
REQUEST:
Modification of Proffers from the Conditional
Change of Zoning from granted by the City
Council on September 14, 2004.
Modification of Proffers
ADDRESS I DESCRIPTION: Property located at 4417 Expressway Drive and 369, 365, 361 Edwin Drive
GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE:
14776050280000 3 — ROSE HALL 6.146 acres (Parcels A & B)
14776074930000 2.271 acres (Parcel B)
The applicant requests a Modification of Proffers to allow for SUMMARY OF REQUEST
an addition to an existing building.
On July 9, 1996, the City Council approved a Conditional Rezoning for the subject parcel from 0-2 Office
District to 1-1 Light Industrial District. There were three (3) proffers as part of that rezoning:
Proffer 1:
The site plan submitted by the Grantor to the Department of Planning with this Agreement and
entitled "ESI Business Center", dated March 25, 1996, (the "Site Plan") is incorporated herein by
reference and forms part of this Agreement.
Proffer 2:
Landscaping on the southeastern and southwestern sides of the Property shall utilize plant
materials designated for Category I screening and shall be situated in a variable width planting bed
as shown on the Site Plan.
Proffer 3:
The Property shall only be used for the following uses:
a) Automotive rental, parts and supply store, provided that no outside storage is included
(excluding operative equipment). No truck rental shall be permitted.
b) Business, medical, financial, nonprofit, professional and similar office buildings.
ESI PROPERTIES, II, LLC
Agenda Item 4
Page 1
c) Childcare and child care education center, provided a Conditional Use Permit is obtained.
d) Commercial parking lots.
e) Establishments such as linen suppliers, communication services and canteen services.
f) Assembly, packaging, or fabricating establishments; provided that all of the foregoing is
accomplished within a building and provided that the following uses shall not be allowed:
('I) Explosive manufacturing, storage and distribution;
(2) Petroleum processing;
(3) Processing or storage of salvage, scrap, or junk.
g) Motion picture studios.
h) Printing, lithographic or publishing establishments.
i) Public buildings and grounds.
j) Public schools, colleges, and universities, and private schools, colleges and universities
having similar academic curriculums, provided a Conditional Use Permit is obtained.
k) Radio or television transmission, cellular telephone antenna and relay stations, provided a
Conditional Use Permit is obtained.
1) Recreational facilities other than those of an outdoor nature.
m) Repair establishments; provided that no outside storage is included (excluding mobile
o;:)erative equipment). No automotive or heavy equipment repair shall be permitted.
n) Satellite wagering facility, provided a Conditional Use Permit is obtained.
o) Vocational, technical, industrial and trade schools, provided that no outdoor activities are
included.
p) Wholesaling, warehousing, storage or distribution establishments, provided that no tractor -
trailer type vehicles shall be permitted to remain on the site for more than twenty-four hours.
On September 14, 2004, the City Council considered and approved a modification to that proffer
agreement. That primary change was the approval of a new site plan as part of Proffer 1. Proffer 2 of the
2004 Modification merely stated that all of the other proffers from 1996 remained in force.
Proffer 1:
Proffer 'I is hereby amended to read: The revised site plan submitted to the Department of Planning
herewith and entitled "Conceptual Site Layout & Landscape Plan of Edwin Professional Park,
Edwin Drive, Virginia Beach, VA" dated 3/24/04 (the "Site Plan") is incorporated herein by reference
and forms a part of this Agreement.
Proofer 2:
All of this terms, covenants and conditions set forth in the Agreement to Covenants and Restrictions
dated May 15, 1996 and recorded in the Clerk's Office Deed Book 3636, at page 1637, save and
except Proffer A, as specifically amended and modified herein, shall remain in full force and effect,
running with the Property and binding upon the Property and upon all parties and persons claiming
under, by or through GRANTOR, its assigns, tenants and other successors in interest or title.
Since Proffer 'I from the 2004 Modification of Proffers restricts the number and location of structures on
the property, the applicant is now requesting a further modification to allow an addition to the existing
building on the site.
There are actually two (2) parcels that make up this six (6) acre site. The proposed additional building is
depicted on Parcel B, the northernmost parcel with frontage along Expressway Drive. The site plan
depicts this structure as a one (1) story building with a mezzanine totaling 8,500 square feet. The
proposed structure will be located on an area currently used for loading. Twenty (20) additional parking
spaces are provided.
ESI PROPERTIES, II, LLC
Agenda Item 4
Page 2
The submitted elevation for the addition depicts a building with exterior building materials that match the
existing building. The proposed building elevation depicts a reddish -brown brick veneer with projected
brick accent course and a possible future entrance canopy or pilaster, also to match the existing.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: office buildings
SURROUNDING LAND North: . Expressway Drive
USE AND ZONING: . Office / 0-2 Office District
South: . Office / 1-1 Industrial District, 0-1 and 0-2 Office District
East: . Office / 0-1 and 0-2 Office District
West: . Mini -storage / 1-1 Industrial District
NATURAL RESOURCE AND The site is located in the Chesapeake Bay watershed; however, there do
CULTURAL FEATURES: not appear to be any significant environmental features on the site, as it
is almost entirely impervious.
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 (CIPI:
Expressway Drive in the vicinity of this application is considered a two-lane undivided collector street.
Edwin Drive in the vicinity of this application is considered a four -lane divided collector street. A Capital
Improvement Program project is slated for this area. The Pembroke Area Comprehensive
Transportation Plan (CIP 2-238) is ongoing and involves a transportation study for the Central Business
District surrounding Town Center. This study will develop short-term, mid-term, and long-term
alternatives for transportation needs in the area. As part of the long-term improvements, there are
currently conceptual alignments that utilize a portion of Edwin Drive for a new roadway that bypasses
around the Independence Boulevard/Interstate 264 interchange, heading toward Virginia Beach
Boulevard. This site may be impacted by the project through a roadway alignment or by increased
traffic along Expressway Drive. No alternatives have been approved to this date.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Edwin Drive
7,234 ADT
13,100 ADT (Level of
Existing Land Use —
Service "C") — 22,80 ADT'
260 ADT
(Level of Service "E")
Proposed Land Use 3-
328 ADT
ESI PROPERTIES, II, LLC
Agenda Item 4
Page 3
Average Daily Trips
s as defined by existing office uses
Sas defined by addition to office building
WATER & SEWER: This site is already connected to City water and sewer.
Recommendation: EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the submitted proffers. The proffers are provided below.
Comprehensive Plan:
The Comprehensive- Plan Map depicts 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.
The established type, size, and relationship of land use, both residential and nonresidential, in and
around these neighborhoods should serve as a guide when considering future development.
Evaluation:
Staff recommends approval of the Modification of Proffers allowing the proposed building addition. The
immediate area is developed with office and warehouse type uses. The proposed addition and its
proposed use will be consistent with the surrounding area. The proposal is compatible with the adjacent
business areas, and the site is surrounded by office and industrial uses and zoning districts. The property
to the northwest has been primarily developed with office and light industrial uses. The properties to the
east and south have been developed with office uses. The proposed addition to the existing structure will
be used primarily as an expansion to the existing warehouse within the building. The exterior materials on
the proposed addition will utilize the exact exterior building materials, reddish -brown brick veneer, as the
existing structure and will reflect the materials used within this office complex. A possible future entrance
canopy or pilaster is also designed to match the materials of the existing building. There is adequate
parking on the: property. This parcel, Parcel B, requires a total of 96 spaces with this addition. The site
plan depicts an additional 20 parking spaces to bring the total available to 96. Parcel A to the south is
also owned by ESI, LLC and often shares parking needs with Parcel B, if necessary. Parcel A has 175
parking spaces although only 101 spaces are required based on the floor area of the buildings on the
property. This residual parking is available should the users on Parcel B ever have need of it.
PROFFERS
The followinct are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
Proffer 1 is hereby amended to read: The revised site plan submitted to the Department of Planning herewith
and entitled "Preliminary layout for ESI Properties II, LLC, Virginia Beach, VA" dated 01-29-08 (the "Site
Plan") is incorporated herein by reference and forms a part of this Agreement.
ESI PROPERTIES, II, LLC
Agenda Item 4
Page 4
PROFFER 2:
All of the terms, covenants and conditions set forth in the Agreement to Covenants and Restrictions dated
May 15, 1996 and recorded in the Clerk's Office Deed Book 3636, at page 1637, save and except Proffer A
as amended by that certain Amendment to Conditions dated July 22, 2004, recorded in the Clerk's Office as
Instrument Number 200409220151886, and Proffer #1 as specifically amended and modified herein, shall
remain in full force and effect, running with the Property and binding upon the Property and upon all parties
and persons claiming under, by or through GRANTORS, its assigns, tenants and other successors in
interest or title.
STAFF COMMENTS: The proffers listed above are acceptable as they ensure the proposed addition will be
of equal quality as the current development on the site and that the use of the building will be consistent with
the original proffers.
The City Attorney's Office has reviewed the proffer agreement dated February 14, 2008, 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.
ESI PROPERTIES, 11, LLC
Agenda Item 4
Page 5
1830B."W 793
uow
PROPOSED SITE PLAN
ESI PROPERTIES, 11, LLC
Agenda Item 4
Page 6
43.
Fid
S� akagig
PEI
fit
PROPOSED SITE PLAN
ESI PROPERTIES, 11, LLC
Agenda Item 4
Page 6
9211uuolsdi 162 sic Nolssydixg awomloudi
I
PROPOSED BUILDING ELEVATION
ESI PROPERTIES, 11, LLC
Agenda Item 4
Page 7
1
09/14/04
MOD of PROFFERS
Granted
07/09/96
CHANGE OF ZONING (0-2 to
Granted
Conditional 1-1
2
08/09/95
CHANGE OF ZONING (0-2 to 0-1)
Granted
SUBDIVISION VARIANCE
ZONING HISTORY
ESI PROPERTIES, II, LLC
Agenda Itern 4
Pa4e 8
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)
See Exhibit A attached to and made a part of this application.
2. List all businesses that have a parent -subsidiary' or affiliated business entity,
relationship with the applicant: (Attach list if necessary)
None.
❑ 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)
Same as above.
2. List all businesses that have a parent -subsidiary' or affiliated business entity,
relationship with the applicant: (Attach list if necessary)
Same as above.
❑ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
8 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 X
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 713107
ESI PROPERTIES, II,,tLC
Agenda Itn 4
Pal -
9
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)
Site Improw mens Associates, Inc. - Engineering and Land Surveying Services
Martin & Martin Architecture - Architectural Services
Inman & Strickler, PLC - Legal Services
' "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 eitity 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 hearir g, 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.
Ap I nt's : nature
Property Owner's Signature (if different than applicant)
Modification of Co iditions Application
Page 11 of 11
Revised 7WO07
William G. Kamarek
Print Name
Managing Member - ESI Properties II, LLC
Print Name
ESI PROPERTIES, II,.LLC
Agenda Item 4
Pal
ge 10
DISCLOSURE STATEMENT
Exhibit A
Modification of Conditions Application
ESI Properties II, LLC
Applicant Disclosure
1. List the applicant name followed by the names of all officers. members, trustees, partners, etc., below:
ESI Properties IL LLC — Members
William G. Kamarek
Jamcoop LLC
Kamarek Limited Family Partnership
Chenosky Family Limited Partnership
Troiano Family Limited Family Partnership
ESI PROPERTIES, II, LLC
Agenda Item 4
Page 11
Item #4
ESI Properties II, L.L.C.
Modification of Conditions
4417 Expressway Drive
369, 365 and 361 Edwin Drive
District 3
Rose Hall
April 9, 2008
CONSENT
Janice Anderson: Now, we will turn it over the Co -Chairman, Mr. Strange to handle the
consent agenda.
Joseph Strange: Thank you Chairman. This afternoon, we have 14 items on the consent
agenda. The first matter is agenda item 4. An application of ESI Properties for a
Modification of Conditions for a request approved by City Council on September 14, 2004.
The property is located at 4417 Expressway Drive and 369, 365 and 361 Edwin Drive,
District 3, Rose Hall, with two proffers. Is there a representative on this application?
Janice Anderson: Welcome.
Mark Ricketts: Madame Chair and members of the Commission, my name is Mark Ricketts.
I'm with the engineering firm of Site Improvements Associates, and I represent the applicant.
I was at the briefing this morning, and we appreciate the item being placed on the consent
agenda. We do agree to the conditions placed.
Joseph Strange: 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: This first came before City Council back in 1996, and it was approved
them with some proffers. It was modified in 2004 with some additional proffers. Now,
they've come back and are asking for two more proffers, and two build an extension onto one
of the current buildings in this area. This sits in an area that is an office space. It is well
suitable for what it is designed to be. There is plenty of parking in the area. It won't intrude
on anything else in the area, and we thought this would be a good item for the consent
agenda. Therefor;, we put it on the consent agenda.
Joseph Strange: 'Thank you Gene. Chairman, I have a motion to approve agenda item 4.
Janice Anderson: Do I have a second? A motion made by Joe Strange and a second by
Kathy Katsias.
Janice Anderson: Thank you.
AYE 11 NAY 0 ABS 0 ABSENT 0
Item #4
ESI Properties II, L.L.C.
Page 2
ANDERSON
AYE
BERNAS
AYE
CRABTREE
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
AYE
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
RUSSO
AYE
STRANGE
AYE
Ed Weeden: By a vote of 11-0, the Board has approved item 4 for consent.
IA -
0
S
CF OUR N�S���N
In Reply Refer To Our File No. DF -7048
TO: Leslie L. Lilley
FROM: B. Kay Wilso$�
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: May 16, 2008
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; ESI Properties, 11, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on May 27, 2008. 1 have reviewed the subject proffer agreement, dated
February 14, 2008 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: Kathle n Hessen
AMENDMENT TO CONDITIONS
THIS AMENDMENT TO CONDITIONS ("Amendment") made this 14th day
of February, 2008, by and between ESI PROPERTIES II, LLC, a Virginia limited
liability company, successor -in -title to ELECTRONIC SYSTEMS, INC., a Virginia
corporation and VERMILLION PROPERTIES, LLC, a Virginia limited liability
company ("Owner"), GRANTORS, and CITY OF VIRGINIA BEACH, a municipal
corporation of the commonwealth of Virginia, GRANTEE, provides and states as
follows:
WITNESSETH:
WHEREAS, ESI PROPERTIES II, LLC is the owner of a parcel of real property
known numbered and designated as Parcel B, Subdivision of The Estate of Hugh E.
Owens, Sr., located in the City of Virginia Beach, GPIN NO: 1477-60-7493-0000, more
particularly described as Parcel B on Exhibit A, attached hereto and incorporated herein
by reference; and
PREPARED BY: INMAN & STRICKLER, PLC
575 LYNNHAVEN PARKWAY, SUITE 200
VIRGINIA BEACH, VA 23452
GPINS: 1477-60-7493-0000 (Parcel B)
1476-60-5060-0001 (Parcel A)
1476-60-5060-0002 (Parcel A)
1476-60-5060-0003 (Parcel A)
1
WHEREAS, ESI PROPERTIES II, LLC is also the owner of those certain
condominium units known numbered and designated as Unit 1 (GPIN NO: 1477-60-
5060-0001 and Unit 2 (GPIN NO: 1477-60-5060-0002), Edwin Professional Park, a
Commercial Condominium, located in the City of Virginia Beach (FORMERLY GPIN
NO: 1477-60-5028-0000 and GPIN NO: 1467-69-5657-0000) and more particularly
described as a part of Parcel A on Exhibit A, attached hereto and incorporated herein by
reference; and
WHEREAS, VERMILLION PROPERTIES, LLC is the owner of that certain
condominium emit known numbered and designated as Unit 3 (GPIN NO: 1477-60-5060-
0003), Edwin Professional Park, a Commercial Condominium, located in the City of
Virginia Beach ((FORMERLY GPIN NO: 1477-60-5028-0000 and GPIN NO: 1467-69-
5657-0000) and more particularly described as a part of Parcel A on Exhibit A, attached
hereto and incorporated herein by reference; and
and
WHEREAS, said parcels being collectively referred to herein as the "Property";
WHEREAS, due to certain changes in circumstances, GRANTORS has initiated a
Modification of Conditions of the Proffers to permit an additional building on the Parcel
B property wilh an increase in total square footage of approximately 8500 square feet;
and -
WHEREAS, GRANTORS have requested GRANTEE to permit this modification
to the previously proffered covenants and conditions dated May 15, 1996, recorded in
2
Deed Book 3636, at page 1637 and Amendment to Conditions dated July 22, 2004,
recorded in Instrument Number 200409220151886, in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, (the "Clerk's Office"), to reflect the
amendments applicable to the land use plan on the Property; and
NOW, THEREFORE, the GRANTORS, their successors, assigns,
GRANTEES and other successors in title or interest, voluntarily and without any
requirement by or exaction from the GRANTEE or its governing body and without any
element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following declaration of covenants 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,
assigns, GRANTEES and other successors in interest or title:
1. Proffer #I is hereby amended to read:
The revised site plan submitted to the Department of Planning herewith and
entitled "Preliminary Layout for ESI Properties II, LLC, Virginia Beach, Virginia" dated
01-29-08 (the "Site Plan") is incorporated herein by reference and forms a part of this
Agreement.
2. All of the terms, covenants and conditions set forth in the Agreement to
Covenants and Restrictions dated May 15, 1996 and recorded in the Clerk's Office in
Deed Book 3636, at page 1637, save and except Proffer A as amended by that certain
3
Amendment tD Conditions dated July 22, 2004, recorded in the Clerk's Office as
Instrument Number 200409220151886, and Proffer #1 as specifically amended and
modified hereiin, shall remain in full force and effect, running with the Property and
binding upon the Property and upon all parties and persons claiming under, by or through
GRANTORS, their assigns, tenants and other successors in interest or title.
GRANTORS further covenant and agree that:
The above conditions, having been proffered by GRANTORS and allowed and
accepted by G:[tANTEE as part of the Proffers is approved by the Virginia Beach City
Council and shall continue in full force and effect.
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 conditionsbe 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. Tlie failure to meet all conditions and restrictions shall constitute cause to
deny the issuajice 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,, GRANTORS shall petition the governing body for the review thereof
prior to instituting proceedings in court; and
4
WITNESS the following signature and seal.
GRANTOR:
ESI PROPERTIES II, LLC
a Virginia limited liability company
By:
WILLIAM G. KAMAREK
Managing Member
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
Acknowledged before me, the undersigned Notary Public, in and for the City and
State aforesaid, by WILLIAM G. KAMAREK, Managing Member of ESI Properties II,
LLC, a Virginia li'ted liability company, on behalf of said company, this 14;tday of
S-JOC&LANn 2008.
My commission expires:
SNE J. MqY
MY
n ? COMMISSION =
NUMBER Q
7057565 :'_
`4�•� C9
'�''•;'r,4LTH OFJ\��
�"I111►►►►►� 0
5
GRANTOR:
VERMILLION PROPERTIES, LLC
a Virginia limited liabi mpany
By:
Managing Member
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
54A0 UtfMkilon
Acknowledged before me, the undersigned Notary Public, in and for the City and
State aforesaid., by anaging Member of VERMILLION
P O ETIES, LLC, irg' is limite ability company, on behalf of said company, this
Gqrjqt day of 52008.
My commission
MY
n commissloN
' �?r
7057w
565
O • C�
'��, ACTH OF �.�`
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL ONE
ALL THAT certain tract, piece or parcel of land, lying, situate and being in
the City of Virginia Beach, Virginia, and being known as Parcel B,
containing 2.271 acres of land, more or less, as shown on that certain plat
entitled "Resubdivision of Parcel B -A, GPIN 1477-60-6264 (D.B. 3694,
PG. 1167 AND D.B. 3694, PG. 1173) (PLAT IN D.B. 2458, PG. 2197) &
PARCEL B -2-B GPIN: 1476-69-5657, INSTRUMENT
#200502160025862 (M.B. 160, PG. 49), VIRGINIA BEACH, VIRGINIA",
which plat is recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, in Instrument No. 20050410058076.
TOGETHER WITH non exclusive easements in, or over and across Parcel
A (as shown on the aforementioned plat) for access, ingress and egress to
and from Parcel B -A to Holland Road created pursuant to, and subject to,
and governed by that certain "Declaration of Easements Affecting Holland
Office Park Parcel A and Parcel B -A" dated August 22, 1991, made by
Holland Office Park Associates, et al, and recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book
3040, at page 1654.
IT BEING the same property conveyed unto ESI Properties, II, L.L.C., by
deed from Electronic Systems, Inc., a Virginia corporate, dated December
20, 1996 and duly recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, In Deed Book 3694, at page 1173, and by
deed from Kamarek Family Limited Partnership, a Virginia limited liability
partnership, dated December 20, 1996, and duly recorded in the
aforementioned Clerk's Office in Deed Book 3694, at page 1170.
PARCEL TWO
ALL THAT certain condominium unit known and numbered as Unit 1 and
Unit 2, in that certain condominium entitled "EDWIN PROFESSIONAL
PARD, A COMIIMRCL4L CONDOMINIUM, located- in the City of
Virginia Beach, Virginia, together with a proportionate interest in the
common elements appertaining to said unit, all as more particularly
described, designated and shown in that certain Condominium Declaration
entitled ADECLARATION OF CONDO 11NIUM, EDWIN
7
PROFESSIONAL PARK, A COMMERCIAL CONDOMINIUM, dated
May 2, 2005, and recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, simultaneously herewith and
immediately prior hereto as part of one and the same transaction
(hereinafter referred to as the "Declaration"), to which Condominium
Declaration and exhibits thereto reference is hereby made for a more
particular description of said unit.
IT BEING a part of the same property conveyed unto ESI Properties II,
LLC, a Virginia Limited Liability Company, by deed from Kamarek
Family Limited Partnership; Chenosky Family Limited Partnership;
Timothy D. McCulloch; and Troiano Family Limited Partnership, dated
Februar( 14, 2005 and duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, as instrument number
20002160025862
PARCEL THREE
ALL TF.iAT certain condominium unit known and numbered as Unit 1 and
Unit 3, in that certain condominium entitled "EDWIN PROFESSIONAL
PARK, A COMNMRCIAL CONDOMINIUM, located in the City of
Virginia Beach, Virginia, together with a proportionate interest in the
common elements appertaining to said unit, all as more particularly
described, designated and shown in that certain Condominium Declaration
entitled ADECLARATION OF CONDOMINIUM, EDWIN
PROFESSIONAL PARK, A COMNMRCIAL CONDOMINIUM, dated
May 2, 2005, and recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, simultaneously herewith and
immediately prior hereto as part of one and the same transaction
(hereinafter referred to as the "Declaration"), to which Condominium
Declaration and exhibits thereto reference is hereby made for a more
particular description of said unit.
C:3
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to amend City Zoning Ordinance Section 1001 to add animal
hospitals, veterinary establishments, pounds, shelters, and commercial
kennels as Conditional Uses in the 1-1 and 1-2 Industrial Districts.
MEETING DATE: May 27, 2008
■ Background:
The City Zoning Ordinance does not currently allow animal hospitals, veterinary
establishments, pounds, shelters, and commercial kennels in the Industrial
zoning districts. Councilman Uhrin requested that staff draft an ordinance
allowing these as conditional uses in the Industrial districts.
■ Considerations:
The proposed amendment to Section 1001 of the City Zoning ordinance
establishes animal hospitals, veterinary establishments, pounds, shelters and
commercial kennels as conditional uses in the 1-1 and 1-2 Industrial Districts. Staff
concludes that these uses can be appropriate within industrial areas, particularly
since a use permit will be required, allowing various conditions to be added to the
use permit to insure compatibility.
■ Recommendations:
The Planning Commission voted unanimously for approval of the proposed
amendment.
■ Attachments:
Staff Review
Planning Commission Minutes
Ordinance
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager:
CITY OF VIRGINIA BEACH
AMENDMENT TO ZONING ORDINANCE
(ANIMAL CARE FACILITIES IN
INDUSTRIAL DISTRICTS)
Agenda Item 11
May 14, 2008 Public Hearing
REQUEST:
An Ordinance to amend City Zoning Ordinance Section 1001 to add animal hospitals, veterinary
establishments, pounds, shelters, and commercial kennels as conditional uses in the 1-1 and 1-2 Industrial
zoning districts.
SUMMARY OF AMENDMENT
The proposed amendment to Section 1001 of the City Zoning
ordinance establishes animal hospitals, veterinary establishments, pounds, shelters and commercial
kennels as conditional uses in the 1-1 and 1-2 Industrial Districts.
RECOMMENDATION
The proposed amendment is recommended for approval, as it offers additional areas of the city
appropriate for facilities dedicated to the care of animals.
CITY OF VIRGINIA BEACH — ANIMAL CARE FACILI7`IES
Agenda Iter4,11
Page 1
1 REQUESTED BY COUNCILMEMBER JOHN E. UHRIN
2
3
4 AN ORDINANCE TO AMEND CITY ZONING ORDINANCE
5 SECTION 1001 TO ADD ANIMAL HOSPITALS,
6 VETERINARY ESTABLISHMENTS, POUNDS, SHELTERS,
7 AND COMMERCIAL KENNELS AS CONDITIONAL USES
8 IN THE 1-1 AND 1-2 INDUSTRIAL ZONING DISTRICTS
9
10 Section Amended: City Zoning Ordinance § 1001
11 WHEREAS, the public necessity, convenience, general welfare and good zoning
12 practice so require;
13
14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA:
16 That Section 1001 of the City Zoning Ordinance is hereby amended and
17 reordained, to read as follows:
18
19 ARTICLE 10. INDUSTRIAL DISTRICTS.
20 ....
21 Sec. 1001. Use regulations.
22
23 (a) Principal and conditional uses. The following chart lists those uses
24 permitted withir the 1-1 and 1-2 Industrial Districts. Those uses and structures in the
25 respective industrial districts shall be permitted as either principal uses indicated by a
26 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X"
27 shall be prohibited in the respective districts. No uses or structures other than as
28 specified shall be permitted.
29
30 Use
31 Airports, heliporl:s and helistops P P
32 Animal hospitals, veterinary establishments,
33 pounds, shelters, and commercial kennels C C
34
35 Antennas, building -mounted P P
36 ....
COMMENT
The amendment establishes animal hospitals, veterinary establishments, pounds, shelters
and commercial kennels as conditional uses in the I-1 and I-2 Industrial Districts.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2008.
APPROVED AS TO CONTENT:
Planning 4p`artment
CA 10673
R-5
March 28, 2008
2
APPROVED AS TO LEGAL
SUFFICIENCY:
(OA
City Attorney's Office
Item #11
City of Virginia Beach
An Ordinance to amend City Zoning Ordinance Section 1001
To add animal hospitals, veterinary establishments, pounds,
Shelters and commercial kennels as Conditional Uses in the
I-1 and I-2 Ind istrial Districts
May 14, 2008
CONSENT
Joseph Strange: The next matter is item 11. It's the City of Virginia Beach, an Ordinance to
amend City Zoning Ordinance Section 1001 to add animal hospitals, veterinary
establishments, pounds, shelters, and commercial kennels as Conditional Uses in the I-1 and
I-2 Industrial Di 3tricts.
Karen Lasley: Mr. Strange has said it all. Item 11 adds a new use category to the industrial
districts. We don't believe that an animal hospital or a kennel is appropriate for every
industrial district but since these will be Conditional Use Permits, we can control that
through the Conditional Use Permit process. This request was made by Councilman Uhrin,
who has a constituent who would like to apply for such a use. If all goes well, that will be on
your agenda next month.
Janice Anderson: Thank you Karen.
Joseph Strange: Chairman, I have a motion to approve agenda item 11.
Janice Anderson: Thank you. I have a motion by Joe Strange and a second by Barry Knight.
Ed Weeden: By it vote of 9-0, the Board has approved item 1 l for consent.
AYE 9 NAY 0 ABS 0 ABSENT 2
ANDERSON
AYE
BERNAS
AYE
CRABTREE
ABSENT
HENLEY
AYE
HORSLEY
AYE
KATSIAS
ABSENT
KNIGHT
AYE
LIVAS
AYE
REDMOND
AYE
RUSSO
AYE
STRANGE
AYE
Ed Weeden: By it vote of 9-0, the Board has approved item 1 l for consent.
L. APPOINTMENTS
ARTS and HUMANITIES COMMISSION
BAYFRONT ADVISORY COMMITTEE
BEACHES AND WATERWAYS COMMISSION
BIKEWAYS AND TRAILS ADVISORY COMMITTEE
CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM
EASTERN VIRGINIA MEDICAL SCHOOL
HAMPTON ROADS PLANNING DISTRICT COMMISSION (HRPDC)
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
OPEN SPACE ADVISORY COMMITTEE
SOCIAL SERVICES BOARD
TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS (TTDC)
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
CITY COUNCIL TWO-DAY RETREAT
AUGUST 22-23, 2008
8:30 AM - 5:30 PM
ECONOMIC DEVELOPMENT
CONFERENCE ROOM
TOWN CENTER
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 05/27/2008gw
www.vbgov.com
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
IVN/
VI
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CERTIFICATION OF CLOSED SESSION
CERTIFIED
V
Y
Y
Y
Y
Y
Y
Y
Y
Y
O
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I
MINUTES
DATE: May 13, 2008
M
B
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APPROVED
11-0
Y
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C
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L
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AGENDA
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ITEM 4 SUBJECT MOTION VOTE
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CERTIFIED
11-0
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F-1
MINUTES
Informal/Formal Sessions May 6, 2008
APPROVED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
G/1 -I
PUBLIC HEARINGS:
14 speakers
FY 2008-09 BIENNIAL RESOURCE
MANAGEMENT PLAN
Operating Budget/CIP
2
TAX RATE - REAL PROPERTY FOR FY
One speaker
2008-09
3
LEASE OF CITY -OWNED PROPERTY —
No speakers
Dolphin Run
3rd St/Atlantic Ave
UJ -1
Ordinances/Resolutions re FY 2008-09
BIENNIAL RESOURCE MANAGEMENT
PLAN:
a.
FY 2008-09 Operating Budget:
1
APPROPRIATE FY 2008-09 $1,762,234,983
ADOPTED AS
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
for Operations! $630,83, 3, $630,898.530
AMENDED, BY
Interfund Transfers
CONSENT
2
ESTABLISH tax levy on real estate for FY
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
2009 at $.89
CONSENT
3
ESTABLISH tax levy on personal
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
property/machinery and tools for calendar
CONSENT
year 2009 at $3.70
4
AUTHORIZE Annual Funding Plan to HUD
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
CONSENT
5
AMEND City Code re exemption or deferral of
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
real estate taxes for elderly/disabled persons
CONSENT
increasing income/net worth limits
6
DECLARE $9,000,000 wi bin the Sandbridge
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
CITY OF VIRGINIA BEA CH
SUMMARY OF COUNCIL ACTIONS
Y
TIF as Surplus in FY 2007.08 Operating
CONSENT
Budget
V
O
7
1
ADOPTED, BY
9-2
DATE: May 13, 2008
Y
Y
Y
Y
N
M
B
Y
L
Y
sunset provisions
D
C
E
L
E
D
AMEND City Code increasing Cigarette Tax
H
9-2
C
R
Y
A
W
N
PAGE: 2
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AGENDA
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ITEM # SUBJECT MOTION VOTE
P
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A
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1
V
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N
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6
DECLARE $9,000,000 wi bin the Sandbridge
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
TIF as Surplus in FY 2007.08 Operating
CONSENT
Budget
7
AMEND City Code re Lodging Tax extending
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
sunset provisions
CONSENT
g
AMEND City Code increasing Cigarette Tax
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
CONSENT
9
AMEND City Code re ERi1 increasing rate
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
CONSENT
10
AMEND City Code re false burglar alarms
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y I
Y
Y
Y
increasing penalty
CONSENT
I
I I
AMEND City Code re perctits/inspection fees
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
CONSENT
12
AMEND City Code re regulation of unsafe
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
structures/abatement of vs rious nuisances
CONSENT
13
AMEND City Code re yard waste containers
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
establishing $40 usage fee Monday — Thursday/
CONSENT
$75 weekend fee
14
AMEND City Code re rental dwelling units
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
establishing inspection fees
CONSENT
15
AMEND City Code re abatement of
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
inoperable vehicles establishing administrative
CONSENT
fee
16
AMEND Appendix/City Code re water/sewer
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
fees
CONSENT
17
AMEND City Code re payment of water bills/
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
late fee
CONSENT
CITY OF VIRGINIA BEACH
AMEND City Code re planning fees
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
SUMMARY OF COUNCIL ACTIONS
Y
Y
CONSENT
19
AMEND City Code re real estate tax
ADOPTED, BY
V
N
Y
Y
Y
Y
N
Y
Y
Y
O
Y
1
exemptions/credits re historically significant
CONSENT
DATE: May 13, 2008
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20
H
ADOPTED, BY
C
R
Y
A
W
Y
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S
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N
U
N
I
T
E
D
N
O
A
D
H
U
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AGENDA
E
Z
Y
L
N
N
O
R
E
S
O
ITEM # SUBJECT MOTION VOTE
P
E
E
E
E
A
R
I
V
O
O
H
L
R
Y
S
N
F
N
A
N
D
18
AMEND City Code re planning fees
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
CONSENT
19
AMEND City Code re real estate tax
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
exemptions/credits re historically significant
CONSENT
structures
20
AUTHORIZE $1,000,000 from Health
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
insurance Internal Service Fund/$4,000,000
CONSENT
from General Fund actuarial payment in with
GASB45 guidelines/DIRECT the City Manager
maintain balance in Health Insurance Internal
Service Fund equal to one (1) month's health
care expense
21
AUTHORIZE health care coverage to active/
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
retired employees for plan year 2009
CONSENT
Lb
FY 2008-2009 Biennial Capital Budget:
ADOPTED AS
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
1
FY-2009/FY-2014 CIP/APPROPRIATE
AMENDED, BY
$221,504,384 for FY 2009
CONSENT
2
AUTHORIZE GO Public Improvement
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
Bonds of $68,700,000
CONSENT
3
AUTHORIZE issuance of Storm Water
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
Utility System Revenue Bonds maximum of
CONSENT
$6,000,000
4
AUTHORIZE issuance of Water/Sewer
ADOPTED, BY
9-2
N
Y
Y
Y
Y
N
Y
Y
Y
Y
Y
System Revenue Bonds maximum of
CONSENT
$13,000,000
J.2
Ordinance to AUTHORIZE lease of City-
ADOPTED, BY
10-0
Y
Y
Y
Y
Y
A
Y
Y
Y
Y
Y
owned property with DOLPHIN RUN
CONSENT
B
CONDO ASSOC at 3rd St/Atlantic Ave re area
S
for overflow parking
T
DISTRICT 6 — BEACH
A
I
N
K 1
CONNIE ONE, L.L.C., extension of time re
EXTENDED
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
A
closure of portion of Connie Ln (approved by
COMPLIANCE
B
City Council on May 22, 2007)
TO AUGUST 21,
S
DISTRICT 4 — BAYSIDE/DISTRICT 2 —
2008, BY
T
KEMPS V ILLE
CONSENT
A
I
N
CITY OF VIRGINIA BEA 17H
ALCAR, L.L.C., re single-family dwellings at
APPROVED AS
10-1
Y
Y
Y
Y
Y
Y
N
Y
SUMMARY OF COUNCIL ACTIONS
Y
Y
Nimmo Pkwy/Rockingchair Ln:
PROFFERED
DISTRICT 7 — PRINCESS ANNE
V
DATE: May 13, 2008
O
I
a. Variance to §4.4(b) of the Subdivision
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ITEM#! SUBJECT MOTION VOTE
P
E
E
E
E
A
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V
O
O
H
L
R
Y
S
N
F
N
A
N
D
2
ALCAR, L.L.C., re single-family dwellings at
APPROVED AS
10-1
Y
Y
Y
Y
Y
Y
N
Y
Y
Y
Y
Nimmo Pkwy/Rockingchair Ln:
PROFFERED
DISTRICT 7 — PRINCESS ANNE
a. Variance to §4.4(b) of the Subdivision
Ordinance that all lots meet CZO
b. CoZ from AG -1/-2 to Conditional R-7.5
3a
JILL C. HARRIS CUP at 1115 Little Neck
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Road re Wildlife Rehabilitation
CONDITIONED,
DISTRICT 5 — LYNNHAVBN
BY CONSENT
3b
ELYSE HERRON CUP a. 2255 Wake Forest
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Street re Wildlife Rehabilitation
CONDITIONED,
DISTRICT 5 — LYNNHAvEN
BY CONSENT
3c
DEBORAH C. HOOVER -POWERS CUP at
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
3829 Amberley Forest Placc re Wildlife
CONDITIONED,
Rehabilitation
DISTRICT 3 — ROSE HALL
BY CONSENT
3d
SUZANNE MCBRIDE CUP at 5252 Pleasant
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Hall Court re Wildlife Rehabilitation
CONDITIONED,
DISTRICT 2 — KEMPSVILLE
BY CONSENT
3e
DENISE N. THOMPSON CUP at 1617 Jack
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Frost Road re Wildlife Rehabilitation
CONDITIONED,
DISTRICT 4 — BAYSIDE
BY CONSENT
4
RICK IRVING CUP re res idential kennel at
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
1908 North Muddy Creek Road
CONDITIONED,
DISTRICT 7 —PRINCESS ANNE
BY CONSENT
5
LUXE SALON, L.L.C., CUP re hair care
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
center at 2105 McComas Way
CONDITIONED,
DISTRICT 7 — PRINCESS .ANNE
BY CONSENT
6
TODAY'S HOMES, INC.. Amendment ofa
APPROVED BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
PD -H Plan re Villages at Wast Neck approved
CONSENT
May 11, 1999/Modifications approved June 26,
200I/November 23, 2004 - Baymark
Construction Corporation and Baymark Golf,
L.L.C.).
DISTRICT 7 — PRINCESS ,ANNE
7
WELDENFIELD OF VIRGINIA, L.L.C.
DEFERRED TO
10-0
Y
Y
A
Y
Y
Y
Y
Y
Y
Y
Y
CoZ from I-I/R-5D/0-2 to Conditional R-7.5
JULY 8, 2008
B
with PD -H2 Overlay at Rege nt University
Drive/Jake Sears Road
S
DISTRICT 1 — CENTERVILLE
T
A
I
N
CITY OF VIRGINIA BEACH
APPOINTMENTS
SUMMARY OF COUNCIL ACTIONS
HISTORIC PRESERVATION COMMISSION
RESCHEDULED
B
Y
C
O
N
S
E
N
S
U
S
HUMAN RIGHTS COMMISSION
RESCHEDULED
V
B
Y
C
O
N
S
E
N
S
O
S
I
DATE: May 13, 2008
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8:14 PM
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E
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N
N
O
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S
O
ITEM # SUBJECT MOTION VOTE
P
E
E
E
E
A
R
I
V
O
O
H
L
R
Y
S
N
F
N
A
N
D
L
APPOINTMENTS
HISTORIC PRESERVATION COMMISSION
RESCHEDULED
B
Y
C
O
N
S
E
N
S
U
S
HUMAN RIGHTS COMMISSION
RESCHEDULED
B
Y
C
O
N
S
E
N
S
U
S
M/N/
O
ADJOURNMENT:
8:14 PM
CITY COUNCIL TWO-DAY RETREAT
AUGUST 22-23,2008
8:30 AM - 5:30 PM
ECONOMIC DEVELOPMENT
CONFERENCE ROOM
TOWN CENTER