JULY 6, 2010CITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., At -Large
VICE. MAYOR LOUIS R. JONES, Bayside - District 4
RI7A SWEET BELLI7T0, At -Large
GLENN R. DAVIS, Rose Hall - District 3
WILLIAM R. DeSTEPH, At -Large
HARRY E. DIEZEL, Kempsville - District 1
ROBERTM. DYER, Centerville -District I
BARBARA Al. HENLEY, Princess Anne - District 7
JOHN E. UHRIN, Beach - District 6
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K. SPORE
CITY A77 OiUy, i MARK D. STILES
CITY ASSESSOR - JERALD BANAGAN
CITY AUDITOR - LYNDON S. REMIAS
CITY CLERK - RUTH HODGES FRASER, MMC
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IV.
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY MANAGER'S BRIEFING:
CITY COUNCIL AGENDA
6 July 2010
-Conference Room -
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (75 7) 385-5669
E-MAIL: Ctycncl@vbgov.com
1. INDIAN RIVER and KEMPSVILLE ROADS INTERSECTION CONCEPTS
Robert Gey, Traffic Engineer
Phil Pullen, Transportation Management Engineer
CITY COUNCIL LIAISON REPORTS
CITY COUNCIL COMMENTS
CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
3:30 PM
4:30 PM
VI. FORMAL SESSION - City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Jim Pugh
Pastor, Calvary 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 June 22, 2010
G. FORMAL SESSION AGENDA
H. PUBLIC; HEARINGS
1. SALE OF EXCESS PROPERTY
232, 236 and 240 Indian Avenue
2. LEASE OF CITY PROPERTY
Red Farms Park
1900 Sandbridge Road
I. CONSENT AGENDA
J. ORDINANCES/RESOLUTION
1. Ordinances re Tax on Probate of Wills and recordation of a list of heirs
a. AMEND City Code §35-251 to allow fee of Twenty-five Dollars ($25)
b. APPROPRIATE $3,500 revenue resulting from tax to the Clerk of the Circuit Court
FY2010-11 Budget
2. Ordinance to AMEND City Code §35-35 to provide a set time period for appeals to the
Board of Equalization on real estate assessments
3. Resolution to DIRECT the City Manager re the 2011 Healthcare Plan for City and School
Employees
4. Ordinance DECLARING a portion of City property at the rear of 232, 236 and 240 Indian
Avenue to be EXCESS and AUTHORIZING the City Manager to execute documents to
convey same to Home Associates of Virginia Inc. dba HAV, Inc. and Richard Glenn
Kinnear
5. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease with NEW
CINGULAR PCS, LLC for a communications tower at 1900 Sandbridge Road (Red Mill
Farm Park Site) (DISTRICT 7 — PRINCESS ANNE) (Deferred 6/22/10)
6. Ordinance to AUTHORIZE temporary encroachments into a portion of the City -owned
right-of-way for Pembroke Meadows Civic League to construct and maintain a replacement
Gazebo with landscaping at Independence and Pembroke Boulevards (DISTRICT 4 —
BAYSIDE)
K. PLANNING
Application of ERA ATKINSON REALTY, INC./JOHN T. ATKINSON for enlargement
of a Nonconforming Use re a real estate office at 5307 Atlantic Avenue (DISTRICT 5 -
LYNNHAVEN)
RECOMMENDATION APPROVAL
2. Application of GENERAL BOOTH STORAGE, INC. for Modification of Conditions
Nos. 1 and 2 (approved on October 9, 2001 and June 11, 2002) to relocate a storage facility
business office at 1545 General Booth Boulevard (DISTRICT 6 — BEACH)
RECOMMENDATION APPROVAL
3. Application of SCOTT LABIAK for a Conditional Use Permit re a skateboard ramp at 716
9` Street (DISTRICT 6 — BEACH)
RECOMMENDATION APPROVAL
4. Application of BETHANY PENTECOSTAL HOLINESS CHURCH OF
CHRIST/PHUONG VAN NGUYEN for a Conditional Use Permit re religious use at 3692
South Plaza Trail, No.5 (DISTRICT 3 — ROSE HALL)
RECOMMENDATION APPROVAL
5. Application of REAL ESTATE TRUST FOR PARCELS B and E for a Conditional Use
Permit re a community pier at 425 and 441 Discovery Road (DISTRICT 5 - LYNNHAVEN)
RECOMMENDATION APPROVAL
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6. Application of RAMON W. JR. and DEBORAH A. BREEDEN for a Conditional Use
Permit re a residential kennel at 1433 North Bay Shore Drive (DISTRICT 5 - LYNNHAVEN)
RECOMMENDATION
APPROVAL
7. Application of KEMP ENTERPRISES, INC. for a Change of Zoning District Classification
from Conditional A-24 Apartment District to Conditional A-24 Apartment District with a PD -
H2 Overlay at Bonney and Kenley Roads (DISTRICT 2 — KEMPSVILLE)
RECOMMENDATION
APPROVAL
8. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning District
Class;.fication from R-51) Residential Duplex District to Conditional I-1 LiAt Industrial
District on behalf of Operation Smile for their headquarters at South Rosemont Road and
Concert Drive (DISTRICT 3 — ROSE HALL)
RECOMMENDATION
APPROVAL
9. Ordinance to AMEND the Comprehensive Plan re ADOPTION of the Newtown
Strategic Growth Area (SGA)Master Plan, April 2010
RECOMMENDATION
NO ACTION ITEM:
APPROVAL
APPEAL of NIMMO UNITED METHODIST CHURCH re Certificate of Appropriateness re
an electronic sign at 2200 Princess Anne Road (DISTRICT 7 — PRINCESS ANNE)
Previously advertised; because of action taken
by City Council on June 22, 2010, prohibiting
all electronic display signs, item will not be
heard or acted upon.
APPOINTMENTS
HUMAINT RIGHTS COMMISSION
UNFINISHED BUSINESS
NEW BUSINESS
ADJOURNMENT
PUBLIC COMMENT
Non -Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
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 7/6/10st
www 0gov.win
CITY MANAGER'S BRIEFING: -Conference Room- 3:30 PM
1. INDIAN RIVER and KEMPSVILLE ROADS INTERSECTION CONCEPTS
Robert Gey, Traffic Engineer
Phil Pullen, Transportation Management Engineer
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION - Conference Room - 4:30 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Jim Pugh
Pastor, Calvary 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 June 22, 2010
G. FORMAL SESSION AGENDA
H. PUBLIC HEARINGS
1. SALE OF EXCESS PROPERTY
232, 236 and 240 Indian Avenue
2. LEASE OF CITY PROPERTY
Red Farms Park
1900 Sandbridge Road
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PUBLIC HEARING
SALE OF EXCESS
CITY PROPERTY
The Virginia Beach City Council will hold a
PUBLIC HEARING on the disposition and
sale of excess -City property, Tuesday, July 6,
2010 at 6:00 p.m in the Council Chamber
of the City Hall Building (Building #1) at the
Virginia Beach Municipal Center, Virginia
Beach, Virginia. The property is known as
part of GPIN 2417-81-9614 adjacent to 232,
236, and 240 Indian Avenue. The purpose
of this hearing will be to obtain public input
to determine whether the property should be
declared "Excess of the City's needs".
if you are physically disabled or visually
impaired and need assistance at this
meeting, please call the CITY CLERK'S
OFFICE at 757-385-4303; Hearing
impaired, call 711 (Virginia Relay -
Telephone Device for the Deaf).
Any questions concerning this matter should
be directed to the Office of Real Estate,
Building #2, Room 392, at the Virginia
Beach Municipal Center. The Real Estate
Office telephone number is (757)385-4161.
Ruth Hodges Fraser, MMC
City Clerk
Beacon June 27, 2010 21477427
NOTICE OF PUBLIC HEARING -
LEASE OF CITY PROPERTY
On July 6, 2010, at 6:00 p.m., in the
Council Chambers of the City Hall Building,
2401 Courthouse Drive, Virginia Beach,
Virginia, the Virginia Beach City Council will
hold a public hearing concerning the granting
of a proposed lease of a portion of City
property located at 1900 Sandbridge Road
(Red Mill Farms Park), in the Princess Anne
District, to New Cingular Wireless PCS, LLC,
for the purpose of constructing, maintaining
and operating wireless telecommunications
facilities. All interested persons are invited
to attend.
Any questions concerning this matter
should be directed to the Department of
Parks and Recreation, Municipal Center,
Building 21, 2408 Courthouse Drive, Virginia
Beach, Virginia, tel. 757 385-1100.
If you are physically disabled or
visually impaired and need assistance at
this hearing, please call the City Clerk's
Office at 757 385 -4303 -
Ruth
Ruth Hodges Fraser, MMC
City Clerk
Beacon June 27, 2010 21475872
CONSENT AGENDA
ORDINANCES/RESOLUTION
1. Ordinances re Tax on Probate of Wills and recordation of a list of heirs
a. AMEND City Code §35-251 to allow fee of Twenty-five Dollars ($25)
b. APPROPRIATE $3,500 revenue resulting from tax to the Clerk of the Circuit Court
FY2010-11 Budget
2. Ordinance to AMEND City Code §35-35 to provide a set time period for appeals to the
Board of Equalization on real estate assessments
Resolution to DIRECT the City Manager re the 2011 Healthcare Plan for City and School
Employees
4. Ordinance DECLARING a portion of City property at the rear of 232, 236 and 240 Indian
Avenue to be EXCESS and AUTHORIZING the City Manager to execute documents to
convey same to Home Associates of Virginia Inc. dba HAV, Inc. and Richard Glenn
Kinnear
5. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease with NEW
CINGULAR PCS, LLC for a communications tower at 1900 Sandbridge Road (Red Mill
Farm Park Site) (DISTRICT 7 — PRINCESS ANNE) (Deferred 6/22/10)
6. Ordinance to AUTHORIZE temporary encroachments into a portion of the City -owned
right-of-way for Pembroke Meadows Civic League to construct and maintain a replacement
Gazebo with landscaping at Independence and Pembroke Boulevards (DISTRICT 4 —
BAYSIDE)
4.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: 1. An Ordinance to Amend Section 35-251 of the City Code Pertaining to Tax
on Probate of Wills or Grant of Administration
2. An Ordinance to Appropriate Funds to the FY 2010-11 Operating Budget of
the Clerk of the Circuit Court
MEETING DATE: July 6, 2010
■ Background: The General Assembly provided enabling legislation for the Clerk
of the Circuit Court to charge a fee for the recordation of a list of heirs pursuant to §
64.1-134 of the Code of Virginia or an affidavit pursuant to § 64.1-135 of the Code of
Virginia. The attached ordinance adds this fee to the City Code. Additionally, the
attached ordinance updates references to re -codified sections of the Code of Virginia
with reference to the current tax on probate of wills and grants of administration.
■ Considerations: The change in the State Code will require a corresponding
change in the City Code to allow implementation of a new $25 fee on the recordation of
a list of heirs. This is a local fee and any revenue collected will remain with the locality.
This fee is expected to generate approximately $3,500, which would be available for
appropriation by City Council.
■ Public Information: Public information will be provided through the normal
Council agenda process.
■ Recommendations: Amend Section 35-251 as provided in the attached
ordinance, and appropriate the estimated revenue to the Clerk of the Circuit Court's
operating budget.
■ Attachments: Ordinances (2)
Recommended Action: Approval
Submitting Department/Agency: Clerk of the Circuit Court
City Manage . [z, "M &;t
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AN ORDINANCE TO APPROPRIATE FUNDS
TO THE FY 2010-11 OPERATING BUDGET
OF THE CLERK OF THE CIRCUIT COURT
Whereas, as a result of enabling legislation from the General Assembly, City
Council has amended Section 35-251 of the City Code allowing a $25 fee on the
recordation of a list of heirs, which is expected to generate approximately $3,500 in
revenue.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That $3,500 generated from a $25 fee on recordation of a list of heirs is hereby
appropriated, with estimated revenues increased accordingly, to the FY 2010-11
Operating Budget of the Clerk of the Circuit Court's FY 2010-11 Operating Budget.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2010.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
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Management Services
CA11559
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June 23, 2010
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
1 AN ORDINANCE TO AMEND SECTION 35-
2 251 OF THE CITY CODE PERTAINING TO
3 TAX ON PROBATE OF WILLS OR GRANT OF
4 ADMINISTRATION
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6 SECTION AMENDED: § 35-251
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8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
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11 That Section 35-251 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and reordained to read as follows:
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14 ARTICLE XI. 'TAX ON PROBATE OF WILLS OR GRANT OF ADMINISTRATION
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16 Sec. 35-251. Imposed.
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18 ( Pursuant to section 58-67.1 58.1-3805 of the Code of Virginia there is hereby
19 imposed, on the probate of every will or grant of administration not exempt by law, a city
20 tax in the amount of one-third of the state tax on such probate of a will or grant of
21 administration, as set forth in section 59 66 58.1-1712 of the Code of Virginia.
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23 b Pursuant to sections 58.1-1718 and -3805 of the Code of Virginia a $25 fee
24 shall be chargE.,d on the recordation of a list of heirs pursuant to section 64.1-134 of the
25 Code of ViMiria or an affidavit pursuant to section 64.1-135 of the Code of Virginia
26 unless a will has been probated for the decedent or there has been a arant of
27 administration on the decedent's estate.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of .12010.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Clerk of Circuit Court City Attorney's Office
CA11553
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June 15, 2010
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Section 35-35 of the City Code Pertaining to
Equalization of Assessments
MEETING DATE: July 6, 2010
■ Background: The Board of Equalization, which is appointed by the circuit court,
is authorized to revise, correct and amend assessments of real estate. Currently, the
board begins their hearings on assessment appeals in mid-July, and because no
deadline for applications has been established, applications for appeal can be made as
late as December 31 of each year. The Board has requested that City Council adopt an
ordinance that would require the Board to begin holding hearings on the first Thursday
in July and that would also establish a November 30 deadline for the submittal of
appeals. This deadline would be clearly stated on the notice of assessment that is
provided to each taxpayer in March.
■ Considerations: In addition to an appeal to the Board, or in lieu of such an
appeal, a taxpayer may choose to appeal an assessment to the City Real Estate
Assessor.
The number of appeals made to the Board has increased from 17 in FY 2000 to 67 in
FY 2011. Of the 67 appeals filed in FY 2011, more than half were filed after December
1 by property tax consultants on commercial property. Filing that late in the year can be
problematic, because, among other things, new assessments are being finalized in
December and January for presentation to City Council and the public in late February.
Other Hampton Roads cities impose a deadline for filing an appeal. Chesapeake,
Suffolk, and Hampton have the earliest deadline—May 1—and Newport News has the
latest—September 1. (Other than Virginia Beach, only Portsmouth has no deadline, but
their board only hears appeals in March and April, so they have a de facto deadline.).
The attached ordinance would set a November 30 deadline for filing appeals, which
would be the latest deadline in Hampton Roads.
The state law that authorizes City Council to set an application deadline requires that
any such deadline be included in the notice of assessment that is sent to taxpayers in
March. Because the notice sent in March 2010 did not contain notice of a deadline, this
ordinance will not take effect this year but instead will become effective on January 1,
2011.
■ Public Information: Public information will be provided through the normal
Council agenda process.
■ Attachments: Ordinance, Letter from the Board of Equalization.
Equalization of Assessments
Page 2 of 2
Recommended Action: Approval
Submitting Department/Agency: Board of Equalization
City Manager ���!„
1 AN ORDINANCE TO AMEND SECTION 35-35
2 OF THE CITY CODE PERTAINING TO
3 EQUALIZATION OF ASSESSMENTS
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5 SECTION AMENDED: § 35-35
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7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
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10 That Section 35-35 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
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13 Sec. 35-35. Equalization of assessments.
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15 (a) In order to equalize assessments of real estate annually, the city real
16 estate assessor shall hold hearings between March fifteenth and April thirtieth of each
17 year, or as often as may be necessary as determined by the city real estate assessor,
18 for the purpose of receiving such evidence as may be presented to him by any taxpayer
19 with respect to the inequality of his assessment made during the twelve-month period
20 ending January thirty-first last ensuing. Any taxpayer feeling aggrieved by any such
21 assessment of his property may apply to the city real estate assessor for the
22 equalization thereof on forms provided by the city real estate assessor for that purpose.
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24 (b) At least fifteen (15) days before the hearings provided for in this section,
25 notice thereof shall be given by publication one time in one of the newspapers having
26 general circulation in the city. Notwithstanding such notice, such hearings may be
27 granted by the city real estate assessor upon appointments.
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29 (c) After hearing the evidence referred to in subsection (a) above, the city real
30 estate assessor may take such action as he may deem necessary to equalize
31 assessments and shall record the action taken in the land book. Each taxpayer having
32 made application for such hearing and any other taxpayer affected by the action of the
33 city real estate assessor shall be advised of the decision of the city real estate assessor
34 with respect to such assessment.
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36 (d) The city real estate assessor may authorize persons employed in his
37 office who are competent so to do to hold any hearing referred to in this section,
38 provided the evidence presented or a summary thereof is transmitted to the city real
39 estate assessor for action with respect thereto.
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41 (e) The board of equalization shall have the powers to revise correct and
42 amend any assessment of real estate other than real estate assessable by the state
43 corporation commission. The board shall begin hearing assessment appeals the first
44 Thursday in July of each year. An application for appeal to the board must be received
45 by November 30 of the year in which the assessment was made The citv real estate
46 assessor shall include this deadline in the notice of assessment
47 The effective date of this ordinance shall be January 1, 2011.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2010.
APPROVED A i TO CONTENT:
CA11560
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June 25, 2010
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Offering Direction to the City Manager Regarding the City's Health
Care Offerings for Plan Year 2011
MEETING DATE: July 6, 2010
■ Background: The City and Schools operate a joint self-insured health insurance
plan, which is overseen on a daily basis by the Consolidated Benefits Office. The
Benefits Executive Committee (BEC) is charged with making recommendations to the
City Manager and the Superintendent of Schools on plan design and annual rates for
the various plans offered. The BEC is comprised of members from the City Manager's
Office, the Superintendent's Office, City and Schools Human Resource Departments,
City Budget staff, and City and School Finance Departments. The BEC is staffed by the
Director of the Consolidated Benefits Office.
■ Considerations: The projected number of retirees and employees for plan year
2011 is 14,790. In developing recommendations for the 2011 Plan Year, consideration
was given to the overall economy potentially increasing costs to the plan. Nationwide
health care expenses are expected to increase between 5% to 9%. Eight percent (8%)
was used as a cost trend for 2011. An additional factor is that neither City nor School
employees will receive a pay increase during the plan year.
Four different scenarios were examined:
• Maintaining status quo (i.e., continuing the current plan design, employee
premiums, and employer contribution rate of $5,400 per eligible
employee/retiree);
• Implementing plan design changes to eliminate the need for premium
increases;
• A 5% premium reduction for select dependent tiers; and
• A 10% premium reduction for select dependent tiers.
■ Recommendation: Based on concerns over the economy and the lack of
compensation increases for City and School employees, the Benefits Executive
Committee recommends the status quo scenario—to maintain for 2011 the current plan
design premium rate structure and $5,400 employer contribution per enrollee. The
Health Care Fund can absorb cost increases not covered by current rates. Employees
and retirees in existing health plans would see no change in their costs.
■ Public Information: A briefing was provided to the City Council and School
Board on June 22nd and is available for review on vbgov.com. Public information will
also be provided through normal advertisement of the Council agenda.
■ Attachment: Resolution
Recommended Action: Approval
Submitting Department/Agency: City Manager's Office
City Manager. ,
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A RESOLUTION OFFERING DIRECTION TO THE
CITY MANAGER REGARDING THE CITY'S HEALTH
CARE OFFERINGS FOR PLAN YEAR 2011
WHEREAS, the next Health Care Plan year takes effect January 1, 2011.
WHEREAS, the Benefits Executive Committee (BEC) has recommended no
changes to the health care plan offerings and to the rates for plan year 2011.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA THAT
The City Manager is hereby directed to work with the Consolidated Benefits
Office to implement the following with respect to the health care offerings for City
employees:
a) Maintain the 2010 premium rate structure, the current plan design, and employer
contribution rate of $5,400 per employee/retiree; and
b) Use the balance of the Health Care Fund to absorb any cost increases not
covered by the 2011 employee rates and employer contribution amount.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
, 2010.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
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Management Services
CA -11557
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June 23, 2010
City Attorney's Office
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance declaring a portion of City property, known as GPIN 2417-
81-9614, to be in excess of the City's needs and authorizing the City Manager to sell a
portion of the property to Home Associates of Virginia, Inc./DBA HAV, Inc. and
Richard Glenn Kinnear and to execute documents necessary to clear up title to
convey same.
MEETING DATE: July 6, 2010
■ Background: The applicants collectively own three (3) lots, known as
240, 236 and 232 Indian Avenue (labeled A, B & C, respectively, on the attached
location map), that adjoin City property along Lake Rudee, known as GPIN 2417-
81-9614 ("City Property"). The applicants are pursuing the acquisition of a portion
of the City Property in order to meet the rear setback requirement for the houses
constructed on Lots A and B and for the house proposed for construction on Lot
C (the houses on Lots A and B are in violation of the rear setback requirement).
The area proposed for purchase is located between the rear lot lines of Lots A, B
& C and the edge of high water and does not extend to the center of Lake
Rudee.
In March, 2001, Edwin B. Lindlsey, Jr. conveyed land and land covered by water
located between the platted lots shown on the Plat of Shadow Lawn Heights and
the center of Lake Rudee and its coves and tributaries abutting Shadow Lawn
Heights to the City pursuant to a deed of gift (the "Lindsley Deed"). The City's
position was that there were already public rights in the areas described in the
Lindsley Deed and that the Lindsley Deed eliminated potential clouds on title.
While the Lindsley Deed was delivered to the City, a formal acceptance has not
yet been recorded. Therefore, prior to the conveyance of a portion of the City
Property, the City will record an acceptance of the Lindsley Deed.
The City recently acquired from the Navy the Marshview property that abuts the
City Property on the west. The eastern boundary of the Marshview property and
the western boundary of the City Property is the center of Lake Rudee.
■ Considerations: The Excess City Owned Real Property Committee reviewed
the Applicant's request and recommends that City Council declare a portion of
the City Property in excess of the City's needs and sell the property to Home
Associates of Virginia, Inc. / DBA HAV, Inc. and Richard Glenn Kinnear.
■ Public Information: Advertisement for public hearing as required by Section
15.2-1800 Code of Virginia and advertisement of City Council Agenda.
■ Recommendations: Approve the request and authorize the City Manager to
execute all necessary documents to convey the property, including any
documents necessary to accept the Lindsley Deed, subject to the terms and
conditions in the attached Summary of Terms and other such terms, conditions
or modifications as may be satisfactory to City Council.
■ Attachments: Ordinance, Location Map, Summary of Terms
Recommended Action: Approval of the ordinance
Submitting Department/Agency: Public Work eal Estate e.r
City Manager; 1 6wli-
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1 AN ORDINANCE DECLARING A PORTION OF
2 CITY PROPERTY, KNOWN AS GPIN 2417-81-
3 9614, TO BE IN EXCESS OF THE CITY'S
4 NEEDS AND AUTHORIZING THE CITY
5 MANAGER TO SELL A PORTION OF THE
6 PROPERTY TO HOME ASSOCIATES OF
7 VIRGINIA, INC./DBA HAV, INC. AND RICHARD
8 GLENN KINNEAR AND TO EXECUTE
9 DOCUMENTS NECESSARY TO CLEAR UP
10 TITLE TO CONVEY SAME
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12 WHEREAS, the City of Virginia Beach (the "City") is the owner of that
13 certain parcel of land located adjacent to 240, 236 and 232 Indian Avenue and known
14 as GPIN 2417-81-9614, as more particularly described on Exhibit "A" attached hereto
15 and made a part hereof;
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17 WHEREAS, a formal acceptance of the 2001 deed (the "Deed") delivered
18 to the City to convey the parcel of land located adjacent to 240, 236 and 232 Indian
19 Avenue, and several other parcels of land, was never recorded;
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21 WHEREAS, although the public had existing rights to the land this Deed
22 purports to convey, this Deed conveyed any other rights not held by the public
23 specifically;
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25 WHEREAS, the City Council wishes to accept this Deed, effective as of
26 the date of the Deed, to clear any title issues that may exist as a result of this Deed;
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28 WHEREAS, Home Associates of Virginia, Inc./DBA HAV, Inc., a Virginia
29 corporation and Richard Glenn Kinnear, have proposed to purchase a portion of GPIN
30 2417-81-9614, more particularly described as:
31
32 All those certain lots, pieces or parcels of land being known, designated
33 and described as "Area 1-A Area = 122 SF or 0.003 AC, Area 2-A Area = 271 SF or
34 0.008 AC and Area 3-A Area = 295 SF or 0.007 AC", as shown on that certain plat
35 entitled "EXHIBIT SHOWING PROPOSED ACQUISITION AREAS FOR ADDITIONS
36 TO LOTS 1 THRU 3 OF SHADOW LAWN HEIGHTS AS RECORDED IN (INSTR. NO.
37 20081027001249400) VIRGINIA BEACH, VIRGINIA", dated March 1, 2010, and
38 prepared by MSA, P.C. (the "Property"), from the City;
39
40 WHEREAS, the City Council is of the opinion that the Property is in
41 excess of the needs of the City of Virginia Beach.
42
43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
44 OF VIRGINIA BEACH, VIRGINIA:
45
46 That the Property is hereby declared to be in excess of the needs of the
47 City of Virginia Beach and that the City Manager is hereby authorized to execute any
48 documents necessary to convey the Property to Home Associates of Virginia, Inc./DBA
49 HAV, Inc. and Richard Glenn Kinnear, including any documents necessary to accept
50 the Deed, so long as such documents conveying the Property are in substantial
51 conformity to the Summary of Terms attached hereto as Exhibit B, and such other
52 terms, conditions or modifications as may be satisfactory to City Council and in a form
53 deemed satisfactory by the City Attorney. The proceeds from this transaction shall be
54 directed to CIF' #3-368, Various Site Acquisitions.
55
56 This ordinance shall be effective from the date of its adoption.
57
58 Adopted by the Council of the City of Virginia Beach, Virginia, on the
59 day of _ , 2010.
60
61 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS
62 OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
CA -11428
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DATE: 6/23/10
\\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\Wpdocs\D022\P008\00060656.DOC
APPROVED AS TO CONTENT
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APPROVED,4 TO LEGAL
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City Attorney's Office
EXHIBIT "A"
GPIN 2417-81-9614
All that certain lot, tract or parcel of land together with the improvements thereon
belonging, lying and being in the City of Virginia Beach, Virginia and designated and
described as "CITY OF VIRGINIA BEACH SHADOW LAWN HEIGHTS RESIDUE
PARCEL GPIN: 2417-81-9614 (D.B. 4388, PG. 1201) (M.B. 7, PG. 14)", as shown on
that certain plat entitled "SUBDIVISION OF SHADOW LAWN HEIGHTS (M.B. 302,
PG. 10) VIRGINIA BEACH, VIRGINIA", dated June 24, 2008, prepared by MSA, P.C.,
and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia as Instrument Number 20081027001249400, to which reference is made for a
more particular description.
It being a part of the same property conveyed to the City of Virginia Beach by deed dated
March 28, 2001 and recorded in Deed Book 4388, at page 1201 in the aforesaid Clerk's
Office.
EXHIBIT "B"
SUMMARY OF TERMS
SALE OF EXCESS
PROPERTY ADJACENT TO 232,236 AND 240 INDIAN AVENUE
SELLER: City of Virginia Beach
PURCHASER: Home Associates of Virginia, Inc./DBA HAV, Inc., a Virginia
corporation and Richard Glenn Kinnear
PROPERTY: Approximately 688 square feet of GPIN 2417-81-9614, being
located adjacent to 232, 236 and 240 Indian Avenue
LEGAL D>E:SCRIPTION:
All those certain lots, pieces or parcels of land being known,
designated and described as "Area 1-A Area = 122 SF or
0.003 AC, Area 2-A Area = 271 SF or 0.006 AC and Area 3-
A Area = 295 SF or 0.007 SF", as shown on that certain plat
entitled "EXHIBIT SHOWING PROPOSED ACQUISITION
AREAS FOR ADDITIONS TO LOTS 1 THRU 3 OF
SHADOW LAWN HEIGHTS AS RECORDED IN (INSTR.
NO. 20081027001249400) VIRGINIA BEACH, VIRGINIA",
dated March 1, 2010, and prepared by MSA, P.C.
LESS AND EXCEPT all right, title and interest of the Grantor
in and to any and all easements, rights of way, private roads
and other rights of access, ingress and/or egress adjacent to,
appurtenant to or in any way benefiting the above-described
property.
SALE PRICE: $6,192.00, fair market value
CONDITIONS OF SALE:
• The Purchaser shall, at the Purchaser's expense, resubdivide the property and
vacate internal lot lines to incorporate the approximate 688 square feet into the
existing property at 232, 236 and 240 Indian Avenue.
• The existing piers constructed on 232, 236 and 240 Indian Avenue shall not be
extended without approval by the City and any other necessary governmental
agencies.
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-67 -
Item J.9.
ORDINANCESMESOLUTION ITEM # 60077
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED TO
JULY 6TH, BY CONSENT:
Ordinance to AWARD a Communication Tower Lease Agreement to
New Cingular Wireless PCS, LLC at 1900 Sandbridge Road (Red Mill
Farms Park) re constructing, maintaining and operating wireless
telecommunication facilities and AUTHORIZE the City Manager to
execute said Lease.
Voting: 11- 9 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E.
Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 22, 2010
S44y: L� J
CITY OF VIRGINIA BEACH
AGENDA ITEM
Item: Ordinance to Award a Lease of Property at 1900 Sandbridge Road (Red Mill
Farm Park Site) for a Communications Tower (New Cingular PCS, LLC)
Meeting Date: July 6, 2010
■ Background: On May 11, 2010, the City Council adopted an ordinance seeking
bids for the lease of a small portion of Red Mill Farm Park at 1900 Sandbridge Road for
a communications tower, equipment building and access to the site. One bid, from New
Cingular Wireless PCD, LLC (AT&T) was received. The bid offered base rent of
$13,200/yr., with additional rent of $5,400/yr. for each co -locator, and annual increases
of 3%.
■ Considerations: The proposed lease contemplates the removal of one of the
light poles at the park and its replacement by a 144' high "slick stick" tower on which the
lessee would affix its facilities. The lessee would also replace the City's light fixtures on
the tower. The lessee will be required to obtain a conditional use permit authorizing the
communications tower, and if the use permit is denied, the lease will be void and of no
effect.
■ Public Information: The public hearing required for the granting of the lease
has been advertised in accordance with applicable legal .requirements. There has been
considerable public outreach to the neighboring properties by the Department of Parks
and Recreation and no substantial objection has been made to date. In addition, before
the tower may be constructed, there will be required public hearings before the Planning
Commission and the City Council on the conditional use permit application.
■ Alternatives: While the City may decline to enter into the lease, the proposed
lease is in furtherance of the City's policy of making available publicly -owned property
for use as communication tower sites under appropriate circumstances. It will also
serve as an additional source of revenue, a reasonable estimate of which is well in
excess of $200,000 over the course of the initial 10 -year term of the lease.
■ Recommendations: Adoption of ordinance.
■ Attachments: Ordinance, summary of material terms
Recommended Action: Adoption of Ordinance
Submitting Department/Agency: Department of Parks & Recreation
City Manager. lzzy�"
1 AN ORDINANCE TO AWARD A LEASE OF A PORTION OF
2 THE CITY PROPERTY LOCATED AT 1900 SANDBRIDGE
3 ROAD (RED MILL FARMS PARK), FOR THE PURPOSE OF
4 CONSTRUCTING, MAINTAINING AND OPERATING
5 WIRELESS TELECOMMUNICATIONS FACILITIES
6
7 WHEREAS, the Clerk has laid before the City Council an ordinance adopted May
8 11, 2010 providing for bids for a lease of a portion of the City property located at 1900
9 Sandbridge Road for the purpose of constructing, maintaining and operating wireless
10 telecommunications facilities, together with a certificate of due publication of the same
11 once per week -For two successive weeks in a newspaper of general circulation in the City,
12 in the manner prescribed by law; and
13
14 WHEREAS, New Cingular Wireless PCS, LLC has submitted the highest bid for the
15 award of such lease, which bid was delivered to the Mayor in open session on the day and
16 hour named in the advertisement and was read aloud; and
17
18 WHEREAS, the Mayor then and there inquired for any further bids, and none were
19 submitted; and
20
21 WHEREAS, in the opinion of the City Council, it is expedient and in the best
22 interests of the City that the said lease should be granted to New Cingular Wireless PCS,
23 LLC ;
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 1. That the bid of New Cingular Wireless PCS, LLC be, and hereby is, accepted,
29 and that the aforesaid lease be, and hereby is, awarded to New Cingular Wireless PCS,
30 LLC upon the conditions set forth in such lease.
31
32 2. That the name of New Cingular Wireless PCS, LLC shall be inserted in the
33 aforesaid lease, and that the City Manager shall execute, on behalf of the City, the
34 aforesaid lease entitled "Communication Tower Lease Agreement (Red Mill Farm Park
35 Site), City of Virginia Beach, Lessor and New Cingular Wireless PCS, LLC," a summary of
36 the material terms of which is hereto attached and a copy of which is on file in the Office of
37 the City Attorney.
38
39 3. That all future rents received pursuant to the aforesaid lease shall be
40 dedicated to a Parks and Recreation account for park general maintenance and repair.
41
42
43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
44 , ;?010.
APPROVED AS TO CONTENT
P s an ion Department
APPROVED AS TO CONTENT:
Management Services Department
CA -11535
R-1
June 8, 2010
APPROVED AS TO LEGAL
SUFFICIENCY:
4.
CityAttorney's Office
2
Red Mil Farm Park Communications Tower Lease
Summary of Material Terms
Parties: City of Virginia Beach and New Cingular Wireless, PCS, LLC
Leased Area: 1,600sq.' +/- portion of Red Mill Farm Park, 1900 Sandbridge Road
(Princess Anne District), plus access to site.
Tower: 144' high "slick stick"; tower replaces light pole on site; Lessee replaces
ball field lights on tower and allows use for future Wi-Fi if needed by
City
Term: Initial 10 -year term; lessee has right to renew for three 5 -year terms
Rent: Base rent of $13,200/yr; additional rent of $5,400/yr (base rent and
additional rent subject to annual 3% increases)
Contingency: Lease is contingent on granting of conditional use permit and other
governmental approvals;
Other: Conditions of conditional use permit are incorporated by reference into
the lease; lessee also must comply with applicable provisions of City
Zoning Ordinance, other ordinances and state or federal laws.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize Temporary Encroachments into a portion of an
existing City right-of-way known as Pembroke Boulevard located within the
median at the intersection of Independence Boulevard by the Civic League of
Pembroke Meadows, Inc.
MEETING DATE: JULY 6, 2010
■ Background:
The Civic League of Pembroke Meadows, Inc. has requested permission to
construct and maintain a gazebo and landscaping in a portion of the City's right-
of-way known as Pembroke Boulevard located within the median at the
intersection of Independence Boulevard, Virginia Beach, Virginia.
In December, 2002, the Civic League was granted a temporary encroachment for
a 40' illuminated flag pole, neighborhood identification sign, two light fixtures,
landscaping, PVC conduit and electrical cables. That temporary encroachment
remains in place.
The new gazebo will replace the old one. It will have the same width, but it will
be three feet taller to improve appearance. The new gazebo will be built on the
existing concrete pad and will allow removal if required, to access the sanitary
sewer main that runs under it.
■ Considerations:
City Staff has reviewed the requested encroachments and has recommended
approval of same, subject to certain conditions outlined in the Agreement.
■ Public Information:
Advertisement of City Council Agenda
■ Alternatives:
Approve the encroachments as presented, deny the encroachments, or add
conditions as desired by Council.
■ Recommendations:
Approve the request subject to the terms and conditions of the Agreement.
■ Attachments:
Ordinance, Agreement, Plat, Pictures and Location Map
Recommended Action: Approval of the ordinance.
Submitting Department/Agency: Public Works/Real Estate j k PAD
City Manager:'
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF AN EXISTING
6 CITY RIGHT-OF-WAY KNOWN AS
7 PEMBROKE BOULEVARD LOCATED
8 WITHIN THE MEDIAN AT THE
9 INTERSECTION OF INDEPENDENCE
10 BOULEVARD BY THE CIVIC LEAGUE
11 OF PEMBROKE MEADOWS, INC.
12
13 WHEREAS, the Civic League of Pembroke Meadows, Inc. desires to construct
14 and maintain a gazebo and landscaping within a portion of the existing City right-of-way
15 known as Pembroke Boulevard located within the median at the intersection of
16 Independence Boulevard, in the City of Virginia Beach, Virginia; and
17
18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
20 City's property subject to such terms and conditions as Council may prescribe.
21
22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Civic League of
26 Pembroke Meadows, Inc. its assigns and successors in title are authorized to construct
27 and maintain temporary encroachments for a gazebo and landscaping within a portion
28 of the existing City right-of-way as shown on the map marked Exhibit "A" and entitled:
29 "EXHIBIT "A" ENCROACHMENT REQUEST FOR THE CIVIC LEAGUE OF
30 PEMBROKE MEADOWS, INC. Located in the city's right-of-way known as Pembroke
31 Blvd. within the median at the intersection of Independence Blvd. Dated: JUNE 14, 2010
32 Prepared By: Clifton G. Furedy 809 Saint James Dr. Virginia Beach, VA 23455 (757)
33 490-5792 SCALE: 1" = 25' 0"," a copy of which is on file in the Department of Public
34 Works. Said exhibit drawing is attached. Additionally, Exhibit B is attached to show the
35 proposed gazebo and landscaping; and
36
37 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
38 subject to those terms, conditions and criteria contained in the Agreement between the
39 City of Virginia Beach and the Civic League of Pembroke Meadows, Inc. (the
40 "Agreement"), which is attached hereto and incorporated by reference; and
41
42 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
43 is hereby authorized to execute the Agreement; and
44
45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
46 time as the Civic League of Pembroke Meadows, Inc. and the City Manager or his
47 authorized designee executes the Agreement.
48
49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
50 of '2010.
CA -11387
X:\OID\REAL ESTATE\Encroilchments\PW Ordinances\CA11387 Civic League of Pembroke Meadows, Inc. Ordiance.doc
V: W pplicatons\CitylawProd\c� xom32\W pdocs\D023\P007\00049041.DOC
R-1
PREPARED: 5125/10
APPROVED A,3 TO CONTENTS
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APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
15ANW.HARMEYER,
ASSISTANT CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 24th day of May, 2010, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and THE CIVIC LEAGUE OF PEMBROKE
MEADOWS, INC., ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even
though more than one.
WITNESSETH:
That, WHEREAS, it is proposed by the Grantee to construct and maintain
a gazebo and landscaping, the "Temporary Encroachment", in the City of Virginia
Beach;
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
City right-of-way known as Pembroke Boulevard located within the median at the
intersection of Independence Boulevard the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
GPIN: Pembroke Boulevard and Independence Boulevard
(CITY RIGHT OF WAY — NO GPIN REQUIRED OR ASSIGNED)
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A, Temporary Encroachment into the Encroachment Area as
shown on that certain plat entitled: "EXHIBIT "A"
ENCROACHMENT REQUEST FOR THE CIVIC LEAGUE
OF PEMBROKE MEADOWS, INC. Located in the city's
right-of-way known as Pembroke Blvd. within the median at
the intersection of Independence Blvd. Dated: JUNE 14,
2010 Prepared By: Clifton G. Furedy 809 Saint James Dr.
Virginia Beach, VA 23455 (757) 490-5792 SCALE: 1" = 25'
C"," a copy of which is attached hereto as Exhibit "A" and to
which reference is made for a more particular description.
Exhibit B is hereby incorporated by reference and attached. Exhibit B
shows the height and width of the proposed landscaping.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachmeni herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
2
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must
submit and have approved a traffic control plan before commencing work in the
Encroachment Area.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Department of Planning prior to commencing any construction within
the Encroachment Area (the "Permit").
It is further expressly understood and agreed that prior to issuance of a
right of way/utility easement permit, the Grantee must post a bond or other security, in
the amount of two times their engineer's cost estimate, to the Department of Planning to
guard against damage to City property or facilities during construction.
It is further expressly understood and agreed that the Grantee must obtain
and keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and all insurance policies must name the City as
additional named insured or loss payee, as applicable. The Grantee also agrees to
carry comprehensive general liability insurance in an amount not less than $500,000.00,
3
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachment sealed by a registered professional engineer, if required
by either the City Engineer's Office or the Engineering Division of the Public Utilities
Department.
It is further expressly understood and agreed that the City, upon
revocation of .such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
4
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, The Civic League of Pembroke Meadows, Inc.,
the said Grantee has caused this Agreement to be executed in its corporate name and
on its behalf by Michael Moore, President and a member of said corporation with due
authority to bind said corporation. Further, that the City of Virginia Beach has caused
this Agreement to be executed in its name and on its behalf by its City Manager and its
seal be hereunto affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
_, 2010, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF: THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. Ile/She is personally known to me.
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The; foregoing instrument was acknowledged before me this day of
_, 2010, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
Notary Registration Number:
My Commission Expires:
1
Notary Public
(SEAL)
The Civic League of Pembroke
Meadows, Inc.
Mich el Moore, P sident
STATE OF VIRGINIA
CITY/e-6tw:Fi4 OF 012 1 k , to -wit:
The foregoing instrument was acknowledged before me this 2. -ro day of
A , 2010, by Michael Moore, President of The Civic League of
Pembroke Meadows, Inc.
Notary Registration Number: Z i Zq 14
SEAL)
Notary Public
T Wh\\``��������►un���/� i g5
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t REG No. 2 =
My Commission Expires: ,3) MAizCA 201 � = MY 2c' sxP
Mir
11
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(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT B
7
APPROVED AS TO CONTENTS
SIGNATURE SIdSID
Puo\ 4(S t*w
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
I
DAN A MEYER,
ASSISTANT CITY ATTORNEY
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K. PLANNING
1. Application of ERA ATKINSON REALTY, INC./JOHN T. ATKINSON for enlargement of a
Nonconforming Use re a real estate office at 5307 Atlantic Avenue (DISTRICT 5 - LYNNHAVEN)
RECOMMENDATION APPROVAL
2. Application of GENERAL BOOTH STORAGE, INC. for Modification of Conditions Nos. 1 and 2
(approved on October 9, 2001 and June 11, 2002) to relocate a storage facility business office at 1545 General
Booth Boulevard (DISTRICT 6 — BEACH)
RECOMMENDATION APPROVAL
3. Application of SCOTT LABIAK for a Conditional Use Permit re a skateboard ramp at 716 9"' Street
(DISTRICT 6 — BEACH)
RECOMMENDATION APPROVAL
4. Application of BETHANY PENTECOSTAL HOLINESS CHURCH OF CHRIST/PHUONG VAN
NGUYEN for a Conditional Use Permit re religious use at 3692 South Plaza Trail, No.5 (DISTRICT 3 — ROSE
HALL)
RECOMMENDATION APPROVAL
5. Application of REAL ESTATE TRUST FOR PARCELS B and E for a Conditional Use Permit re a
community pier at 425 and 441 Discovery Road (DISTRICT 5 - LYNNHAVEN)
RECOMMENDATION APPROVAL
6. Application of RAMON W. JR. and DEBORAH A. BREEDEN for a Conditional Use Permit re a residential
kennel at 1433 North Bay Shore Drive (DISTRICT 5 - LYNNHAVEN)
RECOMMENDATION APPROVAL
7. Application of KEMP ENTERPRISES, INC. for a Change of Zoning District Classification from Conditional
A-24 Apartment District to Conditional A-24 Apartment District with a PD -1-12 Overlay at Bonney and Kenley
Roads (DISTRICT 2 — KEMPSVILLE)
RECOMMENDATION APPROVAL
8. Application of the CITY OF VIRGINIA BEACH for a Change of Zoning, District Classification from R -5D
Residential Duplex District to Conditional I-1 Light Industrial District on behalf of Operation Smile for their
headquarters at South Rosemont Road and Concert Drive (DISTRICT 3 — ROSE HALL)
RECOMMENDATION APPROVAL
9. Ordinance to AMEND the Comprehensive Plan re ADOPTION of the Newtown Strategic Growth Area
(SGA)Master Plan, April 2010
RECOMMENDATION APPROVAL
L. NO ACTION ITEM:
APPEAL of NIMMO UNITED METHODIST CHURCH re Certificate of Appropriateness re an electronic sign at
2200 Princess Anne Road (DISTRICT 7 — PRINCESS ANNE)
Previously advertised; because of action taken by City
Council on June 22, 2010, prohibiting all electronic
display signs, item will not be heard or acted upon.
F Z)
NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet in the
Chamber at City Hall, Municipal Center,
2401 Courthouse Drive, Tuesday, July 6,
2010, at 6:00 p.m. The following
applications will be heard:
LYNNHAVEN DISTRICT
Era Atkinson Realty, Inc./John T. Atkinson
Application: Nonconforming Use at 5307
Atlantic Avenue.
BEACH DISTRICT
General Booth Storage, Inc. Application:
Modification of Conditions (approved by City
Council on October 9, 2001 and June 11,
2002) at 1545 General Booth Boulevard.
Scott Labiak Application: Conditional Use
Permit for a skateboard rarnp at 716 9th
Street.
CITY OF VIRGINIA BEACH - NEWTOWN
SGA
Ordinance to amend the Comprehensive
Plan by adopting the Newtown Strategic
Growth Area Master Plan, April 2010.
ROSE HALL DISTRICT
City Of Virginia Beach Application: Chan e
of Zoning District Classification from R -5D
Residential Duplex to Conditional 1-1 Light
Industrial at South Rosemont Road and
Concert Drive. Comprehensive Plan:
Princess Anne Commons. Purpose:
corporate office and associated warehouse.
Bethany Pentecostal Holiness Church Of
Christ/Phuong Van Nguyen Application:
Conditional Use Permit for a religious use at
3692 South Plaza Trail, Suite 5.
LYNNHAVEN DISTRICT
Real Estate Trust for Parcels B and E
Application: Conditional Use Permit for a
community boat dock, Parcel B, Section B,
Princess Anne Hills Park, between 425 and
441 Discovery Road.
Ramon W. Breeden, Jr./Ramon W. And
Deborah A. Breeden Application: Conditional
Use Permit for a residential kennel at 1433
North Bay Shore Drive.
KEMPSVILLE DISTRICT
Kemp Enterprises, Inc. Application: Change
of Zoning District Classification Conditional
A-24 Apartment to Conditional A-24
Apartment with a PD -1-12 at Overlay Bonney
and Kenley Roads. Comprehensive Plan:
Pembroke Strategic Growth Area. Purpose:
66 condominium single family.
Appeal of Nimmo United Methodist Church
to the decision of the Director of Planning to
not grant a Certificate of Appropriateness for
an electronic display sign for property at
2200 Princess Anne Road.
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
may be examined in the Department of
Planning or online at
http://www.vbpov.com/pc For information
call 385-4621.
If you are physically disabled or visually
impaired and need assistance at this
meeting, please call the CITY CLERK'S
OFFICE at 385-4303.
Beacon June 20 & 27, 2010 21452565
Map L-4
Map Not to Scale ERA Atkinson Realty. Inc.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property
Located at 5307 Atlantic Avenue, ERA Atkinson Realty, Inc., LYNNHAVEN
DISTRICT.
MEETING DATE: July 6, 2010
■ Background: The applicant requests alterations to a nonconforming use and
structure. The site is the original location of the sales office for the sale of lots at the
north end of beach, established in 1927. The site has been zoned for single-family or
duplex uses since the adoption of the first Princess Anne County Zoning Ordinance in
1954. The site is currently zoned R -5R Resort Residential District, which does not allow
office use. Since the subject site is being used for a sales office, the use is considered
by the Zoning Ordinance to be nonconforming and any modifications to the use or
structure can only occur with the approval of the City Council.
■ Considerations: The applicant desires to expand the existing office from 538
square feet to 1,648 square feet. A small addition of 8.5 -feet by 4.4 -feet is proposed on
the northeast corner of the building and a 16 -foot by 18.9 -foot addition is proposed on
the southern end of the building. A second floor addition of 43.6 -feet by 18.9 -feet is also
proposed. The proposed addition will be 35 -feet in height. The design of the structure is
a modified coastal beach design with a three-foot brick water table, cedar shake siding,
standing seam metal roof (or architectural -grade shingles), and awnings over the
windows facing Atlantic Avenue. The entryway is covered with a roof supported by two
columns. The proposed building colors will be earth tones.
The submitted site plan depicts the existing one-story frame building with the proposed
additions on the north and south of the building. The existing building is situated 20 feet
from Atlantic Avenue, 7.4 feet from 54th Street, and 11 feet from the eastern property
line. The proposed additions will be within the existing building setbacks. Four parking
spaces are located adjacent to the southern end of the building. A storage shed is
located at the rear of the site adjacent to the alley.
■ Recommendations: This use at this location represents an obvious
nonconformity and should, in theory, be encouraged to locate elsewhere, allowing this
property to be used for residential purposes. However, the City Zoning Ordinance,
through City Council action, which the applicant has applied for, does provide for
changes to nonconformities if the City Council finds that "the proposed use is equally
appropriate or more appropriate to the district than is the existing nonconforming use."
ERA ATKINSON REALTY
Page 2 of 4
In this case, the real estate office has existed on the site since the late 1920s and has
become a 'fi.Nature' in this community. With the exception of the freestanding sign, the
parking arrangement and the lack of landscaping, the site is not intrusive on the
neighborhood and the building 'fits' the area in terms of architectural scale and style.
The proposed increase in floor area should provide a more functionally efficient building
that more fully complies with Federal regulations regarding building standards for
individuals with disabilities. The changes to the building will not adversely affect the
surrounding residential area. The improvements will be in keeping with the character of
the existing homes located in the area and will enhance the architectural appeal of the
existing structure.
Staff therefore concludes that the proposed enlargement, with the conditions listed
below, is reasonable, will have a minimal impact on the area, and will be equally
appropriate or more appropriate to the district than is the existing nonconforming use.
The request, therefore, is acceptable as submitted, subject to the conditions below.
"rhe site shall be developed in substantial conformance to the submitted
plan entitled "Site Plan, dated June 6, 2010". Mechanical equipment for
heating and cooling facilities shall not be placed on the eastern side of the
site. Said plan has been exhibited to the Virginia Beach City Council and
is on file in the Planning Department.
2. The parking spaces and walkways shall be developed with a pervious
paving material, such as pervious pavers or some other material deemed
acceptable by the City of Virginia Beach Planning Department's
Development Services Center. Landscaping and or fencing along the
rights -of- ways shall not exceed 30 -inches in height. Landscaping shall
continue the entire length of the property line along 54th Street.
3. The proposed additions and remodel of the building shall be in substantial
conformance to the submitted plans entitled "West Elevation, North and
south Elevation, and the color rendering." Said plans have been exhibited
to the Virginia Beach City Council and are on file in the Planning
Department. Building materials shall include a standing seam metal roof,
cedar shake or hardi-plank siding, and a brick water table. Window
awnings shall be provided over the windows facing the north, west, and
south property lines. Proposed building materials shall be earth tone in
color.
4. The applicant shall submit a letter during the site and building plan review
f�om a professional engineer stating that the existing structure can support
the first and second floor additions.
5. Lighting of the site shall be limited to light fixtures directed inward to the
site and shall not shine into adjacent homes. Free-standing light poles
ERA ATKINSON REALTY
Page 3 of 4
shall not exceed 14 -feet in height. Low level security lighting shall be
utilized from sundown to sunup.
6. There shall be no pennants, banners, streamers, strings of lights, portable
signs, electronic display signs, or "flag" style signs on the site, as well as
no neon on the building, in or on the windows, and in or on the doors. The
site shall be limited to one free-standing sign, no more than eight -feet in
height, and with a sign face not exceeding 32 square feet in size. The sign
shall not be internally lit.
■ Attachments:
Staff Review and Disclosure Statement
Resolution
Location Map
Recommended Action: Approval.
Submitting Department/Agency: Planning Department UAr
City Manager: k:-4'
REQUEST:
Enlargement:, to a Nonconforminq Use and Structure
ADDRESS / DESCRIPTION: 5307 Atlantic Avenue
APPLICANT:
ERA ATKINSON
REALTY, INC.
PROPERTY OWNER:
JOHN T.
ATKINSON
July 6, 2010 City Council Meeting
STAFF PLANNER:
Faith Christie
GPIN:
ELECTION DISTRICT:
SITE SIZE:
AICUZ:
24188938690000
LYNNHAVEN
6,625 square feet
65-70 dB DNL; Sub -Area 1
The applicant requests enlargements to a nonconforming use SUMMARY OF REQUEST
and structure. The site is the original location of the sales
office for the sale of lots at the north end of beach, established in 1927. The site has been zoned for
single-family or duplex uses since the adoption of the first Princess Anne County Zoning Ordinance in
1954. The site is currently zoned R -5R Resort Residential District, which does not allow office use. Since
the subject site is being used for a sales office, the use is considered by the Zoning Ordinance to be
nonconforming and any modifications to the use or structure can only occur with the approval of the City
Council.
The applicant desires to expand the existing office from 538 square feet to 1,648 square feet. A small
addition of 8.5 -feet by 4.4 -feet is proposed on the northeast corner of the building and a 16 -foot by 18.9 -
foot addition i:> proposed on the southern end of the building. A second floor addition of 43.6 -feet by 18.9 -
feet is also proposed. The proposed addition will be 35 -feet in height. The design of the structure is a
modified coastal beach design with a three-foot brick water table, cedar shake siding, standing seam
metal roof (or architectural -grade shingles), and awnings over the windows facing Atlantic Avenue. The
entryway is covered with a roof supported by two columns. The proposed building colors will be earth
tones.
The submitted site plan depicts the existing one-story frame building with the proposed additions on the
north and south of the building. The existing building is situated 20 feet from Atlantic Avenue, 7.4 feet
ERA ATKINSON REALTY, INC.
July 6, 2010 City Council Meeting
Page 1
from 54th Street, and 11 feet from the eastern property line. The proposed additions will be within the
existing building setbacks. Four parking spaces are located adjacent to the southern end of the building.
A storage shed is located at the rear of the site adjacent to the alley.
Currently access to the site is located on Atlantic Avenue and 54th Street. There are no defined entrances
along either right-of-way. The submitted site plan depicts a single entrance from Atlantic Avenue to the
site. The existing shed will be removed and additional parking located in that area. The use requires six
parking spaces, which the applicant proposes to locate in the southern portion of the site. Street frontage
landscaping is proposed, at a maximum height of 30 inches at Traffic Engineering's request. Landscape
buffering is also proposed along the eastern property line.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: A real estate office, parking area, and a shed occupy the property. The site is zoned
R -5R Resort Residential.
SURROUNDING LAND North:
. 54th Street
USE AND ZONING:
. Across 54th Street, a single-family dwelling / R -5R Resort
Generated Traffic
Residential District
South:
. An Alley
22,800 ADT
• Across the alley, a single-family dwelling / R -5R Resort
Residential District
East:
. Single-family dwelling / R -5R Resort Residential District
West:
. Atlantic Avenue
NATURAL RESOURCE AND
Approximately one-third of the site is developed with a building, parking
CULTURAL FEATURES:
and a shed. There are no natural resources or cultural features
associated with the site.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Atlantic Avenue
in front of this site is a four -lane minor urban arterial roadway. Atlantic Avenue has a variable right-of-way
width, and the Master Transportation Plan shows a divided roadway with a bikeway and an ultimate right-of-
way width of 100 feet. This site falls just outside the limits of the ongoing CIP project 7.902.000: North Beach
Drainage. There is currently no Capital Improvement Program project scheduled for this segment of Atlantic
Avenue.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Atlantic Avenue
13,941 ADT
22,800 ADT
Existing Land Use — 6
(1,188 Peak Hour)
ADT (1 Peak Hour)
Proposed Land Use 3-19
ADT 3 Peak Hour
Average Daily Trips
2 as defined by a 500 Auape foot office
ERA ATKINSON/REALTY , IVC.
July 6, 2010 City Council Meeting
-Page_ 2
as defined by 1,650 square foot office
WATER and SEWER: The site is connected to both City water and sewer. The existing water meter may be
used or upgraded to accommodate the proposed development. The applicant must provide an analysis of
Pump Statior #102 and the sanitary sewer collection system to ensure future flows can be accommodated.
STORMWATER: If the proposed impervious area exceeds the pre -developed area water quality and quantity,
analysis will tie required during site plan review. A 10 percent reduction in pollutant loading may be required
based upon the water quality calculations.
SCHOOLS: School populations are not affected by the request.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this request subject to the conditions listed below
The Comprehensive Plan identifies this site as being in the North Beach Area Suburban Focus Area 7
(SFA 7), generally bound by both sides of Atlantic Avenue from 42nd Street to 89th Street. The SFA 7 is
characterized by a compact arrangement of relatively high density of single-family and duplex units with
much of the land zoned Residential Resort District (R -5R). General planning principles and
recommendations identified for this area focus on preserving and protecting the overall character,
economic value, and aesthetic quality of the stable neighborhoods.
In general, the, use of this site for an office within this predominantly residential area is not consistent with
good land use practices. The appropriate use of this site is residential. The City Zoning Ordinance
identifies uses, structures, and situations such as this one as nonconformities for the purpose of
encouraging them to eventually convert to a use consistent with the surrounding land use and as allowed
within the zoning district. This use at this location represents an obvious nonconformity and should, in
theory, be encouraged to locate elsewhere, allowing this property to be used for residential purposes.
However, the City Zoning Ordinance, through City Council action, which the applicant has applied for,
does provide for changes to nonconformities if the City Council finds that "the proposed use is equally
appropriate or more appropriate to the district than is the existing nonconforming use." In this case, the
real estate office has existed on the site since the late 1920s and has become a 'fixture' in this
community. With the exception of the freestanding sign, the parking arrangement and the lack of
landscaping, the site is not intrusive on the neighborhood and the building 'fits' the area in terms of
architectural scale and style. The proposed increase in floor area should provide a more functionally
efficient building that more fully complies with Federal regulations regarding building standards for
individuals with disabilities. The changes to the building will not adversely affect the surrounding
residential are,. The improvements will be in keeping with the character of the existing homes located in
the area and will enhance the architectural appeal of the existing structure.
Staff therefore concludes that the proposed enlargement, with the conditions listed below, is reasonable,
will have a minimal impact on the area, and will be equally appropriate or more appropriate to the district
than is the existing nonconforming use.
ERA ATKINSON'REALTY JNC.
July 6, 2010 City Council Meeting
Page 3
CONDITION$
1. The site shall be developed in substantial conformance to the submitted plan entitled "Site Plan, dated
June 6, 2010". Mechanical equipment for heating and cooling facilities shall not be placed on the
eastern side of the site. Said plan has been exhibited to the Virginia Beach City Council and is on file
in the Planning Department.
2. The parking spaces and walkways shall be developed with a pervious paving material, such as
pervious pavers or some other material deemed acceptable by the City of Virginia Beach Planning
Department's Development Services Center. Landscaping and or fencing along the rights -of- ways
shall not exceed 30 -inches in height. Landscaping shall continue the entire length of the property line
along 54th Street.
The proposed additions and remodel of the building shall be in substantial conformance to the
submitted plans entitled "West Elevation, North and South Elevation, and the color rendering." Said
plans have been exhibited to the Virginia Beach City Council and are on file in the Planning
Department. Building materials shall include a standing seam metal roof, cedar shake or hardi-plank
siding, and a brick water table. Window awnings shall be provided over the windows facing the north,
west, and south property lines. Proposed building materials shall be earth tone in color.
4. The applicant shall submit a letter during the site and building plan review from a professional
engineer stating that the existing structure can support the first and second floor additions.
5. Lighting of the site shall be limited to light fixtures directed inward to the site and shall not shine into
adjacent homes. Free-standing light poles shall not exceed 14 -feet in height. Low level security
lighting shall be utilized from sundown to sunup.
6. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display
signs, or "flag" style signs on the site, as well as no neon on the building, in or on the windows, and in
or on the doors. The site shall be limited to one free-standing sign, no more than eight -feet in height,
and with a sign face not exceeding 32 square feet in size. The sign shall not be internally lit.
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.
ERA ATKINSON REALTY, INC.
July 6, 2010 City Council Meeting
Page 4
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ERA ATKINSON REALTY, INC.
July 6, 2010 City Council Meeting
Page 5
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ERA ATKINSON REALTY, INC.
July 6, 2010 City Council Meeting
Page 6
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ERA ATKINSON REALTY, INC.
July 6, 2010 City Council Meeting
Page 7
BUILDING RENDERING
ERA ATKINSON REALTY, INC.
July 6, 2010 City Council Meeting
Page 8
Wap L-4
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194 Nou- on rrmr cx Use
1.
4/25/02
Enlargement and Alterations to a
Approved
Nonconforming Use
2.
3/25/09
Enlargement and Alterations to a
Approved
Nonconforming Use
3.
8/14/01
Enlargement and Alterations to a
Approved
Nonconforming Use
4.
4/11/08
Enlargement and Alterations to a
Approved
Nonconforming Use
10111/05
Enlargement and Alterations to a
Approved
Nonconforming Use
5.
8/' 4/01
Enlargement and Alterations to a
Approved
Nonconforming Use Enlargement and
2/12/02
Alterations to a Nonconforming Use
Approved
6.
5/:5/10
Enlargement and Alterations to a
Approved
Nonconforming Use
7.
10,129/02
Enlargement and Alterations to a
Approved
Nonconforming Use
ZONING HISTORY
ERA ATKINSON REALTY, INC.
July 6, 2010 City Council Meeting
Page 9
C ISCL (SURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
11. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
dho1�t�. T
2 list all businesses that have a parent -subsidiary' or affiliated business entity'
relationship with the applicant: (Attach list if necessary)
I
0 Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other 3
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)
heck 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 /ti No
Y s, what is the name of the official or employee and the nature of their interest?
r C
hrn C onrormina Usr Ap ficabun
Wage 6 of 9
Revised 713AD7
ERA ATKINSON REALTY, INC.
July 6, 2010 City Council Meeting
Page 10
DlSOLOSURE STATEMENT
ADDITIONAL DISCLOSURES
Fsservi
allwn contractors or businesses that have or will provide services with respect
ested property use, including but not limited to the providers of architectural
tal estate services, financial services, accounting services, and legal
ttach list if necessary)
it
' `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 § 22-3101. i
` "Affiliated business entity relationship" means "a relationship, other than parent- J
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 either entity, or (iii) there is shared management or control between the business
entities. Fact7rs 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 manacle 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 Govemment Conflict of Interests Act, Va. Code §
12.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand the t, 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 pr or to the scheduled public hearing according to the instructions in this package. The
undersigned alsi7 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 aoolication
)41A, ►SSM
rint Name
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Page 9 of g
Revised M107
ERA ATKINSON REALTY, INC.
July 6, 2010 City Council Meeting
Page 11
1 A RESOLUTION AUTHORIZING THE
2 ENLARGEMENT OF A NONCONFORMING
3 USE ON PROPERTY LOCATED AT 5307
4 ATLANTIC AVENUE
5
6 WHEREAS, ERA Atkinson Realty, Inc., (hereinafter the "Applicant") has made
7 application to the City Council for authorization to enlarge a nonconforming use having
8 the address of 5307 Atlantic Avenue, in the R-5R Resort Residential District, by
9 enlarging the office use and structure on the parcel; and
10
11 WHEREAS, the office use is nonconforming as it not a use allowed in the R-5R
12 Zoning District; and
13
14 WHEREAS, the office use was commenced prior to the adoption of the
15 applicable regulations; and
16
17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
18 enlargement of a nonconforming use is unlawful in the absence of a resolution of the
19 City Council authorizing such action upon a finding that the proposed use, as enlarged,
20 will be equally appropriate or more appropriate to the zoning district than is the existing
21 use;
22
23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
26 That the City Council hereby finds that the proposed use, as enlarged, will be
27 equally appropriate to the district as is the existing use under the conditions of approval
28 set forth hereinbelow.
29
30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
31 BEACH, VIRGINIA:
32
33 That the enlargement of the nonconforming use is hereby authorized, upon the
34 following conditions:
35
36 1. The site shall be developed in substantial conformance to the submitted plan
37 entitled "Site Plan, dated June 6, 2010". Mechanical equipment for heating and
38 cooling facilities shall not be placed on the eastern side of the site. Said plan has
39 been exhibited to the Virginia Beach City Council and is on file in the Planning
40 Department.
41
42 2. The parking spaces and walkways shall be developed with a pervious paving
43 material, such as pervious pavers or some other material deemed acceptable by
44 the City of Virginia Beach Planning Department's Development Services Center.
45 Landscaping and or fencing along the rights-of- ways shall not exceed 30-inches
46 in height. Landscaping shall continue the entire length of the property line along
47 54th Street.
48
49
3.
The proposed additions and remodel of the building shall be in substantial
50
conformance to the submitted plans entitled "West Elevation, North and South
51
Elevation, and the color rendering." Said plans have been exhibited to the
52
Virginia Beach City Council and are on file in the Planning Department. Building
53
materials shall include a standing seam metal roof, cedar shake or hardi-plank
54
siding, and a brick water table. Window awnings shall be provided over the
55
windows facing the north, west, and south property lines. Proposed building
56
materiels shall be earth tone in color.
57
58
4.
The applicant shall submit a letter during the site and building plan review from a
59
professional engineer stating that the existing structure can support the first and
60
second floor additions.
61
62
5.
Lighting of the site shall be limited to light fixtures directed inward to the site and
63
shall not shine into adjacent homes. Free-standing light poles shall not exceed
64
14 -feet in height. Low level security lighting shall be utilized from sundown to
65
sunup.
66
67
6.
There shall be no pennants, banners, streamers, strings of lights, portable signs,
68
electronic display signs, or "flag" style signs on the site, as well as no neon on
69
the building, in or on the windows, and in or on the doors. The site shall be
70
limited to one free-standing sign, no more than eight -feet in height, and with a
71
sign face not exceeding 32 square feet in size. The sign shall not be internally lit.
72
73
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
74
of
, 2010.
APPRPVED AS TO CONTENT:
c
Planning Dlgpartment
CA11556
R-1
June 24, 2010
APPROVED AS TO LEGAL SUFFICIENCY:
r i ,
i J"41
City Attorney's Office
-52 -
Item V -L.3.
PLANNING ITEM # 48773 (Continued)
5 Th.e existing property lines within the site must be vacated and
the property consolidated into one (1) parcel
6 Anvoutdoor lightingfizturesshall not beerectedanyhigher than
14 feet (14) Consistent with Section 237 of the City Zoning
Ordinance, all outdoor lights shall be shielded to direct light and
glare onto the mini -warehouse premises, said lighting and glare
shall be deflected, shaded and focused away from all adjoining
property
7 77tereshallbenoelectrtcordieselpowergenerator orgenerator
fueled by any other source of energy located outside of any
beading
8 Th a storage units shall be used for the storage of goods The
un, is shall not be used for office purposes, band rehearsals,
residential dwellings, or any other purpose not consistent with
the storage ofgoods
9 The freestanding sign must be a monument style sign, no greater
than eight feet in height with a base to match the buildings
77; ere shall be no business identification signage on the walls or
roof of the buildings in the facility or on the fence installed
around the facility
10 The fencing and gate enclosing the site must be as provided for
on the site plan No barbed wire, razor wire, or any other
fencing devices shall be installed on the roof or walls of the
beadings or on any other fence enclosing the property
This Ordinance shall b,? effective in accordance with Section 107 69 of the Zoning Ordinance
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of October, Two Thousand
One
Voting 11-0 (By Consent)
Council Members Voting Aye
Linwood O Branch, Ill, Margaret L Eure, William W Harrison, Jr,
Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C
Mandig o, Jr, Mayor Meyera E Oberndorf; Nancy K Parker, Vice Mayor
William! D Sessoms, Jr and Rosemary Wilson
Council Members Voting Nay
None
Council Members Absent
None
October 9, 2001
-51 -
Item V -L.3.
PLANNING ITEM # 48773
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon Application of MICIL4EL D. SIFEN, INC. for a Conditional Use Permit
ORDINANCE UPONAPPLICA TION OF MICHAEL D SIFEN, INC FOR
A CONDITIONAL USE PERMIT FOR MINI -WAREHOUSES 10013081
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
An Ordinance upon Application of Michael D Sifen, Inc, a Virginia
corporation, for a Conditional Use Permit for mini -warehouses on the
west side of General Booth Boulevard, 550 feet more or less north of Dam
Neck Road (GPIN#2415-46-4253, #2415-46-8154) Said parcel contains
5 609 acres DISTRICT 6 - BEACH
The following conditions shall be required
The site shall be substantially developed as shown on the plan
entitled, "Layout and Landscape Plan ofMmi Price Self Storage
- General Booth Boulevard," dated 7-6-01, prepared by Site
Improvement Associates, which has been exhibited to City
Council and is on file with the Planning Department No direct
access to General Booth Boulevard will be allowed Access must
be gained through the existing private ingress/egress easement
located on the adjacent property to the north (presently a Golden
Corral Restaurant) The entrance drive aisle as shown on the
submitted site plan must be designed to show the access from the
adjacent parcel to the north and it must meet the required radius
for truck traffic that will be associated with this use
2 The buildings shall be constructed as shown on the submitted
elevation entitled 'Mini Price Self Storage - General Booth
Boulevard" by Martin and Martin Architecture, Inc, which has
been exhibited to City Council and is on file with the Planning
Department
3 Landscaping shall be installed as depicted on the site plan
entitled 'Mini Price Self Storage Facility at General Booth
Boulevard" dated 7-6-01, prepared by Site Improvement
Associates, which has been exhibited to City Council and is on
file with the Planning Department However, the following
revisions shall be made to the plan prior to site plan submittal
a The site plan must be modified to show a fifteen foot (15) buffer
along the rearproperty line and retention of existing trees within
the buffer in accordance with the condition of the February 24,
1986, rezoning to B-2 on this property
b The applicant must make efforts to preserve existing trees within
thefifteen foot(15)bufferalongthesouthsideofBuildingFour,
adjacent to Dam Neck Square Apartments These existing trees
can be supplemented with new plant material as necessary to
form a solid screen
4 An encroachment agreement must be obtained for the
improvements shown within the 55 foot wide drainage easement
Access points for the easement area need to be identified on the
detailed site plan
October 9, 2001
-48 -
Item VI -I.3.
PLANNING ITEM # 49775 (Continued)
Voting 11-0 (1ty Consent)
Council Members Voting Aye
Linwood O Branch, III, Margaret L Eure, William W Harrison, Jr,
Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C
Mandigo, Jr, MayorMeyeraE Oberndorf, NancyK Parker, Vice Mayor
William D Sessoms, Jr and Rosemary Wilson
Council Members Voting Nay
None
Council Members Absent
None
June 11, 2002
-47 -
Item VI -7.3.
PLANNING ITEM # 49775
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council , MODIFIED
conditions placed on the GENERAL BOOTHSTORAGE, INC application for Conditional Use Permit for
mini -warehouses approved on October 9, 2001, and, APPROVED a Variance re subdividing three lots into
two
A ND,
Application of General Booth Storage, Inc, a Virginia corporation for a
Modification of Conditions placed on the application for a conditional use
permit for mint -warehouses on October 9, 2001 Property is located on the
west side of General Booth Boulevard, 432 80 feet north of Dam NecG
Road DISTRICT 6 - BEACH
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for General Booth
Storage, Inc, a Virginia corporation Property is located on the west side
of General Booth Boulevard, 432 80 feet north of Dam Neck Road (GPIN
#1415-46-3163, #2415-46-4253, #1415-46-8154, #1415-46-9010)
DISTRICT 6 - BEACH
The following conditions shall be required,
I All conditions with the exception of Number 5 attached to the
Conditional Use Permit granted by the City Council on October
9, 2001 remain in effect
2 Condition Number 5 of the October 9, 2001 Conditional Use
Permit is deleted and replaced with the following
3 The existing property lines within the site must be vacated and
the property consolidated into no more than two (2) parcels
4 A no ingress/egress easement must be dedicated along the entire
frontage of 154 feel along General Booth Boulevard
5 Appropriate ingress/egress, water, sewer and drainage
easements must be provided for both parcels on the final plat
6 There shall be no freestanding sign installed on proposed Parcel
W-2 A deed restriction shall be recorded with the Clei k of the
Circuit Courtforproposed Parcel W-2 indicatingihat there shall
be no freestanding sign located on the parcel
7 To construct a freestanding sign on Parcel W-1, the style and
design of which is described in Condition # 9 of the October 9,
2001, Conditional Use Permit, the applicant shall obtain a
variance from the Board of Zoning Appeals
June 11, 2002
r,T-- t 111
-tomng wee u0 amemeromps Modlfieation of Conditions
U Epi-
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: GENERAL BOOTH STORAGE, INC., Modification of Conditions, approved
by City Council on October 9, 2001 and June 11, 2002, 1545 General Booth
Boulevard. BEACH DISTRICT.
MEETING DATE: July 6, 2010
■ Background:
The applicant is requesting a modification to the existing Conditional Use Permit
in order to relocate the business office for the self -storage facility from the interior
of the site to the front of the site. The site directly to the north of the subject site
was recently resubdivided, and a Conditional Use Permit for automotive repair
has been approved on the site. The new automotive repair development
hampers the visibility of the existing self -storage office, as well as the access to
the site. Thus, the applicant desires a modification to Conditions 1 and 2 with
regard to the site and building development plans for the purpose of moving the
office to the front of the site.
■ Considerations:
The request for a Modification of Conditions is acceptable. The applicant is
modifying conditions that apply to site design and building appearance in order to
relocate the existing business office to the front of the storage complex. The
additions will match the exterior colors and materials of the existing buildings as
well as add visual interest and activity to the area of the site adjacent to General
Booth Boulevard. There will be no change in the operational aspects of the
facility.
There was no opposition to the request.
■ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 9-0, to recommend approval of this request to the
City Council with the following conditions:
All conditions attached to the Conditional Use Permit granted by the City
Council on October 9, 2001 and modified February 8, 2005 shall remain in
effect.
General Booth Storage, Inc.
Page 2of2
2. The proposed additions to the site shall substantially conform to the
submitted plan entitled "Change of Conditions Exhibit 'A"', dated 3/26/10,
and prepared by Martin Engineering Civil Solutions, which has been
exhibited to the Virginia Beach City Council and is on file with the Planning
Department.
3. The; building additions shall substantially conform to the submitted elevation
plans entitled "General Booth Mini Price Storage, Exhibits "B" and "C"", dated
3/30/10, which have been exhibited to the Virginia Beach City Council and is
on file with the Planning Department.
4. The applicant shall install a decorative wrought iron style gate between the
two storage buildings facing General Booth Boulevard. Extra landscaping
shall be installed along General Booth Boulevard to include evergreen
shrubs, a minimum of 36 inches in height, and small canopy trees, such as
Crape Myrtle, a minimum of 6 feet to 8 feet in height. Foundation
landscaping is also required in front of the new additions facing General
Booth Boulevard.
5. There shall be no pennants, banners, streamers, strings of lights, portable
signs, electronic display signs, or "flag" style signs on the site.
6. An ingress / egress easement shall be obtained from the parcel directly north
and recorded in the Clerk of the Circuit Court office.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager. 5
Nlep 1,10 General Booth Storage,
f'►�
AWNkadon o/ Condkbos
June 9, 2010 Public Hearing
APPLICANT AND PROPERTY
OWNER:
GENERAL BOOTIE
STORAGE, INC.
STAFF PLANNER: Faith Christie
REQUEST:
Modification of a Conditional Use Permit for a self -storage facility — approved by the City Council on October 9,
2001, modified on June 20, 2002 and February 8, 2005
ADDRESS / DESCRIPTION: 1545 General Booth Boulevard
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24154671430000 BEACH 5.6 acres Greater than 75 dB DNL
SUMMARY OF REQUEST
The applicant is requesting a modification to the existing Conditional Use Permit in order to relocate the
business office for the facility from the interior of the site to the front of the site. When the site was
originally developed in 2001, it consisted of two parcels: Parcel W-2, a one -acre parcel fronting General
Booth Boulevard and Parcel W-1, a 4.6 -acre parcel located directly behind Parcel W-2. An ingress -egress
easement across the property located to the north of Parcel W-2 provides access to both Parcels W-1
and W-2. The applicant marketed Parcel W-2, the one -acre parcel, without success, and subsequently
vacated the lot line between the two parcels to expand the facility (2005 Modification of Use Permit).
The site directly north has since been re -subdivided, and a Conditional Use Permit for automotive repair
has been approved on the site. The new automotive repair development hampers the visibility of the
existing self -storage office, as well as the access to the site. Thus, the applicant desires a modification to
Conditions 1 and 2 with regard to the site and building development plans.
t -
f. o
GENERAL BOTH STORGE
_.; Agenda It 6
Page.1
The Conditional Use Permit permitting the mini -warehouse facility was approved by the City Council on
October 9, 2001 with 10 conditions:
1. The site shall be substantially developed as shown on the plan entitled, "Layout and Landscape
Plan of Mini Price Self Storage — General Booth Boulevard," dated 7-6-01, prepared by Site
ImprDvement Associates, which has been exhibited to City Council and is on file with the
Planning Department. No direct access to General Booth Boulevard will be allowed. Access must
be gained through the existing private ingress/egress easement located on the adjacent property
to the north (presently Golden Corral Restaurant). The entrance drive aisle as shown on the
submitted site plan must be designed to show the access from the adjacent parcel to the north
and it must meet the required radius for truck traffic that will be associated with this use.
2. The buildings shall be constructed as shown on the submitted elevation entitled "Mini Price Self
Storage — General Booth Boulevard" by Martin and Martin Architecture, Inc., which has been
exhibited to City Council and is on file with the Planning Department.
3. Landscaping shall be installed as depicted on the site plan entitled "Mini Price Self Storage
Facility at General Booth Boulevard" dated 7-6-01, prepared by Site Improvement Associates ,
which has been exhibited to City Council and is on file with the Planning Department. However,
the following revisions shall be made to the plan prior to site plan submittal:
The site plan must be modified to show a fifteen foot (16) buffer along the rear property
line and retention of existing trees within the buffer in accordance with the condition of the
February 24, 1986 rezoning to B-2 on this property.
The applicant must make efforts to preserve existing trees within the fifteen foot (15')
buffer along the south side of Building Four, adjacent to Dam Neck Square Apartments.
These existing trees can be supplemented with new plant material as necessary to form
a solid screen.
4. An encroachment agreement must be obtained for the improvements shown within the 55 -foot
wide drainage easement. Access points for the easement area need to be identified on the
detailed site plan.
5. The existing property lines within the site must be vacated and the property consolidated into one
(1) parcel.
6. Any outdoor lighting fixtures shall not be erected higher than 14 feet (14'). Consistent with Section
237 of the zoning ordinance, all outdoor lights shall be shielded to direct light and glare onto the
mini -warehouse premises; said lighting and glare shall be deflected, shaded and focused away
from all adjoining property.
7. There shall be no electric or diesel power generator or generator fueled by any other source of
energy located outside of any building.
8. The storage units shall be used for the storage of goods. The units shall not be used for office
purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the
storage of goods.
9. The freestanding sign must be a monument style sign, no greater than eight feet in height with a
base to match the buildings. There shall be no business identification signage on the walls or roof
of the buildings in the facility or on the fence installed around the facility.
10. The fencing and gate enclosing the site must be as provided for on the site plan. No barbed wire,
razor wire, or any other fencing devises shall be installed on the roof or walls of the buildings or
on any other fence enclosing the property.
Y p
A
y+_ L
FAL.
GENERAL BOOTH STOR GE
%1Agenda ltn 6
Page 2 +`t
June 11, 2002 Modification of Conditions and Subdivision Variance:
All conditions with the exception of Number 5 attached to the Conditional Use Permit granted by City
Council on October 9, 2001 remain in effect.
1. Condition Number 5 of the October 9, 2001 Conditional Use Permit is deleted and replaced with
the following: The existing property lines within the site must be vacated and the property
consolidated into no more than two (2) parcels.
2. A no ingress/egress easement must be dedicated along the entire frontage of 154 feet along
General Booth Boulevard
3. Appropriate ingress/egress, water, sewer and drainage easements must be provided for both
parcels on the final plat.
4. There shall be no freestanding sign installed on proposed Parcel W-2. A deed restriction shall be
recorded with the Clerk of Circuit Court for proposed Parcel W-2 indicating that there shall be no
freestanding sign located on the parcel.
5. To construct a freestanding sign on Parcel W-1, the style and design of which his described in
Condition #9 of the October 9, 2001 Conditional Use Permit, the applicant shall obtain a variance
from the Board of Zoning Appeals.
On February 8, 2005 the applicant requested a modification to consolidate the property into one parcel
and to use the front parcel for an expansion of the mini -storage complex. The conditions as modified are
listed below:
1. This Conditional Use Permit negates all conditions associated with the previous modification of
Conditions approved by City Council on June 6, 2002.
2. All conditions associated with the Conditional Use Permit granted on October 9, 2001 remain in
effect.
3. The proposed mini -storage addition shall be developed in substantial conformance with the plan
entitled "Landscape Plan for Mini -Price Self Storage, General Booth Boulevard, Phase 2" dated
November 1, 2004 and prepared by Site Improvement Associates, Inc. This plan has been
exhibited to City Council and is on file with the Department of Planning.
4. The proposed mini -storage addition shall be developed in substantial conformance with the
building elevation entitled "Mini -Price Self Storage at General Booth Boulevard, Phase 2"
prepared by Covington Hendrix Architects. This elevation has been exhibited to City Council and
is on file with the Department of Planning.
5. If a right-of-way reservation is required along the frontage of this site during detailed site plan
review, the plan must be revised to meet the required front yard setback for the fence and
building of 35 feet from the reservation line.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: A self -storage facility occupies the site.
SURROUNDING LAND North: . A retail tire and auto repair facility (currently under construction)
USE AND ZONING: parking lot, and communication towers / B-2 Community
Business
GENERAL BOOTH STO
agenda
s, x.
G E f.
On 6
South: . Jiffy Lube, Dam Neck Square Shopping Center / B-2
Community Business
East: . General Booth Boulevard
• Across General Booth Boulevard are retail uses / B-2
Community Business
West: . Wooded parcel / R -5D Residential
NATURAL RESOURCE AND There are no known significant natural resources or cultural features
CULTURAL FEATURES: associated with the site.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PL -N (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): General Booth
Boulevard in front of this site is a six -lane major arterial suburban roadway. This segment of General Booth
Boulevard is also designed with two sections in which there are five lanes. These five lane sections are
located close to where General Booth Boulevard intersects Dam Neck Road and Oceana Boulevard. This site
falls within the section that is closest to Dam Neck Road. This segment of General Booth Boulevard has a
variable width right -of -way, and the Master Transportation Plan shows an access -controlled divided roadway
with a scenic buffer and a bikeway with an ultimate right-of-way width of 155 feet. There is currently no CIP
project scheduled for this segment of General Booth Boulevard.
Traffic Engineer feels that the proposed modifications to this site will have no significant impact on traffic.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
General Booth
63,196 ADT
52,600 ADT
Existing Land Use — 218
Boulevard
(4,867 peak
(2,740 peak hour)
ADT
hour)
Proposed Land Use — no
change
Average Daily Trips
Tas defined by self-stora a facility
WATER and SEWER: This site is connected to City water and sewer.
STORWATER: Stormwater management for water quality and quantity shall be addressed during detailed site
plan review.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this requested modification, as conditioned below.
The Comprehensive Plan identifies this site in the Suburban Area just outside of the Special Economic
Growth Area (SEGA) 3/South Oceana. The SEGA 3/South Oceana Area is identified as an emerging
corporate destination suitable for research, manufacturing, distribution centers and other economic
growth activities. This area is impacted by the Oceana Land Use Compatibility Program and also located
in the greater than 75 DNL Noise Zone. The Plan recommendations for this area state that all proposed
land uses in this area must align with the city's AICUZ provisions and Oceana Land Use Conformity
Program.
Staff finds the request for a Modification of Conditions acceptable. The applicant is modifying conditions
that apply to site design and building appearance in order to relocate the existing business office to the
front of the complex. The additions will conform to the existing buildings with regard to colors and
building, and add visual interest to the front of the complex. There is no change in operations. Staff
therefore finds the request acceptable subject to the conditions listed below.
CONDITIONS
1. All conditions attached to the Conditional Use Permit granted by the City Council on October 9, 2001
and modified February 8, 2005 shall remain in effect.
2. The proposed additions to the site shall substantially conform to the submitted plan entitled "Change
of Conditions Exhibit'A'", dated 3/26/10, and prepared by Martin Engineering Civil Solutions, which
has been exhibited to the Virginia Beach City Council and is on file with the Planning Department.
3. The building additions shall substantially conform to the submitted elevation plans entitled "General
Booth Mini Price Storage, Exhibits "B" and "C"", dated 3/30/10, which have been exhibited to the
Virginia Beach City Council and is on file with the Planning Department.
4. The applicant shall install a decorative wrought iron style gate between the two storage buildings
facing General Booth Boulevard. Extra landscaping shall be installed along General Booth Boulevard
to include evergreen shrubs, a minimum of 36 inches in height, and small canopy trees, such as Crape
Myrtle, a minimum of 6 feet to 8 feet in height. Foundation landscaping is also required in front of the
new additions facing General Booth Boulevard.
5. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display
signs, or "flag" style signs on the site.
6. An ingress / egress easement shall be obtained from the parcel directly north and recorded in the
Clerk of the Circuit Court office.
GENERAL BOOTH STOP
,'Agenda
1GE
rn 6
k
;e: 5
T
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning / Development Services Center and
Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
AERIAL OF SITE LOCATION
GENERAL BOOTH STORAGE
Agenda Item 6
Page 7
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- -77
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Map L10
General Booth Storage. Inc.
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R51D
rs" 7 a IL
B°2 B
Zoning with Conditions.Profters
Modification of Conditions
1.
11/10/83
Rezoning (AG -1 Agricultural to B-2
Approved
Community Business)
2/24/86
Rezoning (AG -1 and AG -2
Approved
,rt
B Zir`4
r+,
,,z�
3/24/90; 11/22/94;
Business)
Approved
and
Conditional Use Permits
rck
Rd
Zoning with Conditions.Profters
Modification of Conditions
1.
11/10/83
Rezoning (AG -1 Agricultural to B-2
Approved
Community Business)
2/24/86
Rezoning (AG -1 and AG -2
Approved
Agricultural to B-2 Community
3/24/90; 11/22/94;
Business)
Approved
and
Conditional Use Permits
2/13/96
(Communication Towers)
10/9/01
Approved
Conditional Use Permit (Mini -
1/22/02
warehouse)
Approved
6/11/02
Subdivision Variance
Approved
Subdivision Variance and Modification
6/9/09
of Conditions
Approved
GENERAL BOOTH STORAGE
`:,Agenda Itn 6
Page 12
Conditional Use Permit (Automotive
Repair)
2.
3/213/90
Subdivision Variance
Approved
6/11/90
Conditional Use Permit ( Indoor
Approved
Recreation - Table top recreation)
6/25/90
Conditional Use Permit (Automotive
Approved
Repair)
10/11/92
Conditional Use Permit (Bulk Storage)
Approved
5/11/93
Conditional Use Permit (Church)
Approved
2/13/96
Conditional Use Permit (Indoor
Approved
Recreation — Batting Cage)
9/2!5/01
Conditional Use Permit (Motor vehicle
Approved
rentals
3.
6/1:3/88; 12/11/90;
Conditional Use Permit (Automotive
Approved
and 2/12/91
Repair)
4.
8/14/89
Conditional Use Permit (Automotive
Approved
Repair)
5.
6/14/94
Rezoning (A-12 Apartment and B-2
Approved
Community Business to Conditional
B-2 Community Business
6.
9/26/01
Conditional Use Permit (Automobile
Approved
Service Station — Fuel Sales
GENERAL BOOTH STORAGE
`:,Agenda Itn 6
Page 12
DISCLOSURE STATEMENT JI
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Sykes, Bourdon, Ahem & Levy, P.C.
Martin Engineering, Inc.
Jenny Gegan, Interior Design and Space Planning — Sifen, Inc.
1 "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instructions in this package.
neral B oth S rage, c. c�
y; Michael D. Sifen, President
Applicant's Signature Print Name
Property Owner's Signature (if different than applicant)
Modification of Conditions Application
Page 11 of 11
Revised 9112004
Print Name
tib "-
f-.`.
GENERAL BO
STOP►GE
Z-
Agenda Itoi n 6
Page 13
w
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)
General Booth Storage, Inc.: Michael D. Sifen, President; Larry K. Sifen,
Secretary/Treasurer
2. List all businesses that have a parent -subsidiary' or affiliated business entw
relationship with the applicant: (Attach list if necessary)
❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business 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.
8 See next page for footnotes
Modification of conditions Application
Page 10 of 11
Revised 811!2004
GENERAL BOOTH STOR GE t
� Agenda It rn 6
r ag�_14
Item #6
General Booth Storage, Inc.
Modification of Conditions
1545 General Booth Boulevard
District 6
Beach
June 9, 2010
CONSENT
Janice Anderson: The next matter is agenda item 6. That's the application of General Booth
Storage, Inc. It is for a Modification of Conditions that was approved by Council back on
October 9, 2001, and June 11, 2002. The property is located at 1545 General Booth Boulevard,
Beach District. Mr. Bourdon?
Eddie Bourdon: Thank you again Ms. Anderson, Eddie Bourdon, for the record. We appreciate
being on the consent agenda, with the notation that you have the new condition 4. I think that
was all provided to you all this morning. And, I want to put on the record that condition 6 has
been satisfied. It can stay in. We have already obtained and recorded ingress/egress easement as
condition 6 requires. Condition 4 should be the new condition that I think you have.
Janice Anderson: Thank you. Is there any opposition to this matter being placed on the consent
agenda? Seeing none, the Chairman has asked Phil Russo to review the application.
Phil Russo: Thank you Ms. Anderson. The applicant is requesting a modification to existing
Conditional Use Permit so it can relocate the business office for its facility from the interior of
the site where it is presently located to the front of the site. The present site directly north has
since been resubdivided, and an automotive facility has been approved for this site. The new
automotive repair development will hamper the visibility of the existing self -storage office, as
well as access to the site, and therefore, the applicant is requesting a modification to its site.
Staff has met with the applicant, and finds that the modifications are acceptable. The applicant is
modifying the conditions to the site design and building appearance in order to relocate the
existing building office to the front of the complex. The staff feels that the change with regard to
the location, and the colors and the building, will add visual interest to the front of the complex.
There will be no change in the operations. Therefore, staff finds the request was acceptable, and
the Commission has decided to place this matter on the consent agenda.
Janice Anderson: Thank you Phil. I have a motion to approve agenda item 6.
Joseph Strange: Do I have a second?
Phil Russo: Second
Joseph Strange: A motion has been made by Commissioner Anderson for approval of the
consent agenda item and seconded by Commissioner Russo.
Item #6
General Booth Storage, Inc.
Page 2
Ed Weeden: By a vote of 9-0, the Board has approved item 6 for consent
AYE 9 NAY 0 ABS 0 ABSENT 2
ANDERSON
AYE
BERNAS
ABSENT
FELTON
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
ABSENT
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
Ed Weeden: By a vote of 9-0, the Board has approved item 6 for consent
Map M-7 Q
.,vntt VnhiqU
CUP - Outdoor Recreation Facility (Skateboard Ramp)
'coo 6 S
.,� •°�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: SCOTT LABIAK, Conditional Use Permit, skateboard ramp, 716 9th Street.
BEACH DISTRICT.
MEETING DATE: July 6, 2010
■ Background:
The applicant requests a Conditional Use Permit to allow a skateboard ramp for
personal use. The site is zoned R -5S Residential. The applicant has met with
adjacent property owners, explaining the need for the Conditional Use Permit
and their desire to upgrade the ramp as required by the Zoning Ordinance.
Signatures of support from the residents on a form provided by the applicant
were submitted with the application and can be found at the end of the attached
report.
■ Considerations:
The ramp is located at the northeast portion of the front yard, adjacent to 9th
Street. The size of the ramp is eight feet by twenty-one feet (8' x 21'), with a
height of four feet at the rollout deck platforms and then an additional two feet for
a railing, resulting in a total height of six feet.
The Planning Commission heard this item on May 12. At that time, the ramp was
located in the extreme corner of the front yard, where it did not meet the front
yard setback requirements. This location was the principal rationale for the staffs
recommendation for denial (as the attached staff report reflects). Additionally, the
ramp was enclosed by a four -foot high picket fence, which the Planning
Commission determined was a potential danger for any skateboarders that might
fall from the ramp. The commission, therefore, deferred the request for a month,
recommending to the applicant that he consider moving the ramp further back
from the right-of-way and change the style of fence used to enclose the ramp.
Immediately prior to the June 9 Planning Commission hearing, the applicant
moved the ramp as recommended and installed a six-foot high privacy fence to
enclose the ramp. These changes, however, occurred after the staff report for the
June 9 hearing had been completed and provided to the Planning Commission.
Thus, the attached staff report does not reflect the changes. Photographs of the
new location of the ramp and the fencing are provided on the last page below.
There was no opposition to the request.
Scott Labiak
Page 2 of 4
■ Recomrnendations:
Since the applicant had modified the location of the ramp and the fencing as
recommended at the May 12 public hearing, the Planning Commission, passing a
motion by a recorded vote of 9-0, recommended approval of this request to the
City Council with the following conditions:
1. The skateboard ramp shall be relocated to meet required setback for
accessory structures as set forth in the City of Virginia's Zoning Ordinance
and retrofitted in compliance with the cross section detail entitled, "Labiak
Ramp dated 02/22/2010." No increase in height length or width is permitted.
Landscape screening approved by the Planning Department across the front
fence line to conceal the main body of the structure to be provided.
2. Use of the ramp shall be limited to the hours between 9:00 a.m. and dusk.
3. To reduce the level of sound emanating from the ramp when in use, the
following shall be utilized in retrofitting the construction of the ramp: (a) the
underside of the plywood beneath the skating surface shall be insulated; (2)
the sides of the ramp shall be enclosed with wood; and (3) roofing paper shall
be installed between the plywood and the skating surface of the ramp.
4. A chain shall be secured across the ramp when the ramp is not in use such
that the ramp cannot be used.
5. At least one adult shall be outside the house and present when the ramp is in
use.
6. This Conditional Use Permit shall be permitted for two years from the time of
approval by City Council at which time this permit shall be invalid. The Zoning
Administrator shall evaluate at the end of the first year whether the rules have
been enforced and the conditions above have been adhered to. If the
evaluation reveals that the rules and conditions are being met, the use permit
shall be renewed for the second year. If the evaluation reveals that the rules
and conditions are not being met, the Zoning Administrator shall refer the use
permit to the City Council for revocation.
■ Attachments:
Staff Review and Disclosure Statements
Minutes cf Planning Commission Hearing
Location 10ap
Recommended .Action: Planning Commission recommends approval.
Submitting DepartmenVAgency: Planning Department
City Manager: C k .
REQUEST:
Conditional Use Permit (outdoor recreational facility — skateboard ramp)
ADDRESS / DESCRIPTION: 716 9t" Street
20
June 9, 2010 Public Hearing
APPLICANT:
SCOTT LABIAK
PROPERTY OWNER:
RICHARD S. &
ELIZABETH
LABIAK
STAFF PLANNER: Karen Prochilo
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24179377900000 BEACH / District 6 5944.96 square feet 70 dB to 75 dB DNL
APPLICATION HISTORY: After hearing the application on May 12, 2010, Planning Commission deferred this
application for thirty days in order for the applicant to provide a plan for the skate board ramp. The applicant
has a plan to relocate the ramp and is prepared to share the plan at this hearing.
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow a
skateboard ramp for personal use on this residentially zoned property.
The ramp is currently located at the northeast comer of the front yard. At this location, the ramp does not
conform to the yard setbacks required by the Zoning Ordinance. The size of the ramp is eight feet by
twenty-one feet (8'x 21'), with a height of four feet at the rollout deck platforms and then an additional two
feet for a railing, resulting in a total height of six feet.
The applicant has met with adjacent property owners, explaining the need for the Conditional Use Permit
and their desire to upgrade the ramp as required by the Zoning Ordinance. Signatures of support from
the residents on a form provided by the applicant were submitted with the application and can be found at
the end of this report.
LAND USE AND ZONING INFORMATION
SCOTT LABIAK / RICHARD S. & ELIZA$ETH LA_ AK ►
Agenda Iter 20 ;
PA 1
4, .t
s
EXISTING LAND USE: Single-family dwelling
SURROUNDING LAND North: . Across 9`" Street, single-family dwellings / R -5S Residential
USE AND ZDNING: Single -Family District
South: . Single-family dwellings / R -5S Residential Single -Family District
East: . Single-family dwellings / R -5S Residential Single -Family District
West: . Single-family dwellings / R -5S Residential Single -Family District
NATURAL RESOURCE AND There do not appear to be any significant cultural or natural resources
CULTURAL FEATURES: on this site.
IMPACT ON CITY SERVICES
There is no significant impact on City services from this use.
POLICE: The Police Department notes that residential ramps of this nature can become a nuisance and result
in increased calls primarily due to noise. Rules for use of the ramp, strict supervision of use of the ramp, and
control of access to the ramp are necessary to avoid the ramp becoming such a nuisance.
EVALUATION AND RECOMMENDATION
Staff recognizes the popularity of the skateboarding sport, and the increasing desire of homeowners to
install ramps in their yards. Like other recreational equipment and facilities in residential yards (swimming
pools, basketball goals, etc.), skateboard ramps have the potential to become nuisances to surrounding
residents, especially in regard to sound that emanates from the facility, such as the sound of skateboard
wheels rolling across the plywood surface of the ramp or the continuous bouncing of a ball or the sound
of voices at play. Such sound is normal and is expected in residential neighborhoods. The problems arise
when the sound occurs outside the hours of the day expected for such sound, the sound increases
beyond the bevel normally expected, or the sound includes language that is not considered appropriate.
When this occurs, the sound becomes "noise." Such noise, especially if it includes the gathering of
individuals on the lot beyond what is normally expected, can significantly disturb the tranquility and peace
within the neighborhood. Further, of all recreational equipment and facilities in residential areas, it is the
skateboard ramp that, due to the nature of rolling wheels on the riding surface and the size of the ramp,
has the potential to create the greatest nuisance, thus, the requirement for a Conditional Use Permit.
To ensure that the recommendation of the Comprehensive Plan to protect neighborhoods from
destabilizing influences is met, it is vital that a proposal for a skateboard provides safeguards designed to
significantly ,avoid the potential for the facility to become a nuisance to the surrounding residents and
thus, to the neighborhood.
SCOTT LABIAK / RICHARD S. & ELIZABETH LA, AK
`Aienda Ite 20
Pel 2
To accomplish this, the applicant visited with the adjacent residents and explained the proposed self-
imposed conditions to the residents. A redesigned ramp and the conditions for its use may prevent the
sound from and activity at the ramp from becoming "noise" and an intrusion on the surrounding residents.
In this case, however, despite the applicant's best intentions to minimize the potential for intrusion to their
neighbors, staff sees establishing a skateboard ramp in the front yard of a residential dwelling as a
distraction. Moreover, this location in a front yard setting establishes an unacceptable precedent.
Staff concludes that even with the addition of conditions to the Use Permit, including the noise attenuation
improvements (wood sheathing at each end of the rollout deck platforms to reduce sound and sound
attenuation material attached to the underside of the skating deck as shown on the cross section of the
Labiak Ramp), the ramp will prove to be a destabilizing influence in the neighborhood with its location in
the front yard.
Staff does not recommend approval of this Conditional Use Permit as submitted.
In the event, however, that this request is approved, staff recommends the following conditions be added
to the Conditional Use Permit.
CONDITIONS
1. The skateboard ramp shall be relocated to meet required setback for accessory structures as set forth
in the City of Virginia's Zoning Ordinance and retrofitted in compliance with the cross section detail
entitled, "Labiak Ramp dated 02/22/2010." No increase in height length or width is permitted.
Landscape screening approved by the Planning Department across the front fence line to conceal the
main body of the structure to be provided.
2. Use of the ramp shall be limited to the hours between 9:00 a.m. and dusk.
3. To reduce the level of sound emanating from the ramp when in use, the following shall be utilized in
retrofitting the construction of the ramp: (a) the underside of the plywood beneath the skating surface
shall be insulated; (2) the sides of the ramp shall be enclosed with wood; and (3) roofing paper shall
be installed between the plywood and the skating surface of the ramp.
4. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be
used.
5. At least one adult shall be outside the house and present when the ramp is in use.
6. This Conditional Use Permit shall be permitted for two years from the time of approval by City Council
at which time this permit shall be invalid. The Zoning Administrator shall evaluate at the end of the first
year whether the rules have been enforced and the conditions above have been adhered to. If the
evaluation reveals that the rules and conditions are being met, the use permit shall be renewed for the
second year. If the evaluation reveals that the rules and conditions are not being met, the Zoning
Administrator shall refer the use permit to the City Council for revocation.
> -iil. i• .
SCOTT LABIAK / RICHARD S. & ELIZABETH LA AK - }
;Agenda Ite 20
Pxti� � f
, s
4
NOTE. Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
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•
SCOTT LABIAK / RICHARD S. & ELIZABETH LA - AK
Agenda It 20
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LABIAK RAMP
DAI�SCALE
02/2Vto V = zbi
Lot 1s
Lot 17
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2 Story Frame Residence
Lot IS and 18
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Cross Section
21'
2' 2'
4' 4'
t _ 40
Grade Grade
F6x10" posts Sound attenuation
treated to 2.5 lb on underside of deck
Roofing paperJ Wood sheathing
between plywood (helps contain sound)
and ramp surface,_
LABIAK RAMP
DATE SCALE
PROPOSED RAMP CROSS SECTION
February28, 2010
Dear Gty of Virginia Beach,
I (We) have been notified of the skateboard ramp built for private, personal use by the ►esidems, R Scott and
Elizabeth tabiek, located at 716 9* Street. I (We) are in direct proximity to this address and I (We) understand the
conditions of use and agree to the use of mid skateboard ramp under said conditlons at 716 9'" Street, Virginia
Beach, Virgioia,234S1 In the Shadowlawn subdivision. I (We) understand the skateboard ramp may only be used
between the hours of 9.00 AM and dusk.
Name Print
Address
Contact 0
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PETITION OF SUPPbRT1 ,
SCOTT LABIAK / RICHARD S
& ELIZABETH LA AK )
Benda It 20
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Map M-7
Cnntt T-1khl"17
ti/%'Vri Lei R/iK11
CUP - Outdoor Recreation Facility (Skateboard
No recent zoning history surrounding this location to report.
ZONING
HISTF�f
SCOTT LABIAK / RICHARD S. & ELIZABETH LA AK �
ftenda Ite.ij, 20
P '10
DISCLOSURE STATEMENT
APPLrAff DWLOSURE
If the applicant is a corporation, partnership, firm, buWness, or other ur&=rpornted
organization, Complete the Ukm* g:
1. List the applicant name *Mowed by the narnes of all officers, members, holoW
partnem, etc. blow: (Attach flat Aneceasary)
A — Aq
2 List all businesses that have a pww*u baidimy' or aAilated business entity
rolafbraMp with the applicant (AEtsch Nat ffneoessary)
kl
Check hero If to appkw t Is NOT a corporation, pwkms*. fum, business. or
other wkmrpmvW orgeniz km.
PROPERTY QWNER DISCLOSURE
Cohnom M secOm only If property owner Is gent from 8P*cant
If the property owner Is a Corporation, partnership, firm, business, or other
unincorporated organization, Complete tine followh>8:
1. List ft property owner.Carne t A0W9d by tha mn" of s10McW , members,
M sues, partnms, etc. below: (Acta* Nat P necessroy)
2 List all businesses that have a paroM-subsidiary' or alNhtsd business erW
relationship with the applicant (Attach flat If necesswy)
/1%-A
Check hero If the property owner is NOT owporation, partneratrip, firm.
business, or other urmincorporaied organization.
a 2 so nerd pop for tt *an
Does an ofticiel or employee of the I of VWgim Beach have an irdwest In the
subod land? Yes No
If yes, what Is the name of the of el or employee and the nabse of their hmterest?
C - N ur ft Appkskn
pmedle
PO&W,02W
SCOTT LABIAK / RICHARD S. & ELIZABETH LA AK
;Agenda Ite20 Y
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DISCLOSURE STATEMENT
AMMM L DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requs W property use, kK*W rtp but not Nmbd to the providers of wchftcturai
services, real estate services. financial eervices, aocoun*V servioes, and lepal
list N necessery)
' `Parent4ubGkNWy rabhortshV means'a relationship that exists when one
cwpm*m dtrecay or inakectly owns shares possessing more then 50 percent of the voting
power of andtmr corporation.' See State and L0ca1 Govamntent ConW of Interest Act, Vs.
Code § 2.2.3101.
`AfliAated busirmss entlly relatlortsW means `a relaMortship, other than pMeM-
subsidinY rel dwmhip. that euosts when m one holtme maty has s oonkoaing ownership
h ft in the other bu lmm en ft. (ii) a oonb oM owner in ons entity ls also a Don mWq
owrmr in the curer endly. or (if)there is shared mwmp mwd or conbd between the business
entitles. Factors that should be coneldemd In delay ni ft the exialenm of an aAYiabd
busineos entity relationship W krde that the same person or subshmd* the acme person
own or marmge the two w aaW there are coy mm or cwm*19led funds or assets; the
buW mss w dWm ai n the uN cfthe same oftlas or employees or otm vAw share acaviaes,
resources or persannsl on a regular beats; or there is otherwise a dose wa tdrp mWonship
between the ansae:.• Sea Stale and goal Govan mwK COnllkt of kttresb Act, Va Cods §
CERTIFICATION. 1 OeflKy that the trll0frrladort COrrlailed herein ls true and aoaxate.
1 undwvhM that, upon rscW 0f rrotlsa NO (postsa" that the appNcalion hes been actrdulsd fix
Public l�hm,1 am req- ibls for obfakrrg and pas" the requhee sign on tyre sA "d property at
least 90 days prbr to VW adredtMd p *ft hserirg eco w&V t0 the W4hmt min this pmdm". The
tntlereiprrsd also oomerrls b entry upon the subject p Wm ty by employees of are ospartrrwt d
Pm-- to pholopraph and vhm the alb for purposes d pmosatng end evalA*V this appfieaaon.
Ap~s SWW= PrkR No.
Pmft 0wr 9 Of
corodlWO uw Pa Appacom
Poen 10 of 10
n.- >'WAW
DISCLOSURE STAT4-MENT
SCOTT LABIAK / RICHARD S. & ELIZ NBETH
agenda Item 20
r-af] 12
Item #20
Scott Labiak
Conditional Use Permit
716 9' Street
District 6
Beach
June 9, 2010
REGULAR
Joseph Strange: Mr. Secretary, will you call the next item.
Al Henley: Yes. The last item is item 20, Scott Labiak. An application of Scott Labiak for a
Conditional Use Permit for a skateboard ramp on property located 716 9h Street, District 6,
Beach.
Scott Labiak: Good afternoon Board. My name is Scott Labiak. I'm the owner of the property.
Here is a little history behind me. I am a business owner, and do contribute, not just personally
in taxes but through business as well. My equipment and business is what I pay. I have some
new pictures (of the skateboard ramp). I moved it back (the skateboard ramp) within the offsets,
and I put a fence in front of it. It is a nice cedar fence. As you can see here (pointing to
PowerPoint). This is where it was. As you see here, the fence is even with my neighbor's
garage, so it is within the setbacks. I feel like it is a nice improvement. As you can see, my
neighbors are happy with it. I do know that my neighbor Dianne emailed in, I guess last night, or
yesterday evening. She is not contesting it. She was just a little annoyed on why it was moved.
She liked it where it was before because she seen other things approved with variance like some
of these three-story rectangular houses in Shadowlawn with 35 -foot lots. But, she doesn't have
an issue on where it has been moved either. If it became an issue, we would sell it cordially, if it
ever became a noise problem.
Joseph Strange: Are there any questions?
Janice Anderson: Scott, have you looked at the revised conditions, the six conditions. You're
fine with those?
Scott Labiak: Yes.
Janice Anderson: Great. Thank you.
Joseph Strange: Mr. Ripley?
Ronald Ripley: I appreciate you moving it very much so. I think it is a safer situation.
Scott Labiak: I didn't like the fence either. The fence was old, and I put a little section in the
same thing that was there. The cedar is going to make everything look better. You can see the
sections in the front. That will all be cleaned up. That's the rest of the fencing that is going up.
Item #20
Scott Labiak
Page 2
Ronald Ripley: From a safety point of view, I think it is important. I think from a visual point of
view, the Comn:iissioner is concerned about setting precedence where you move things out above
the setbacks. I think you're cooperation is very much appreciated. I'll support you.
Scott Labiak: Thank you sir.
Janice Anderson: I think Phil wants to give you an award
Phil Russo: Mr. Labiak, I mentioned in the informal session. I hope you get a very nice Father's
Day present this year. I'll support it also. This man has done everything that we've asked him
to, and I take my hat off to you. You really put in a lot of energy and effort to help your kids.
Scot t Labiak: l really appreciate that. Love it. I like to see my neighbor's kids have fun too,
not just my kids. Because it is actually given the kids on the street a place to play, which is out
off the street because you now it is a cut through between Cypress and Caribbean. We'll get
some cut through traffic through there, and people sometimes don't obey to the speed limit, as
we all know. Plus, another thing that I've noticed with this is they will get tired of skateboarding
and then they will start throwing baseballs around and footballs in the yard too.
Phil Russo: Actually, I was hoping that you would promote snowboarding so we'll have the next
Shaun White from Virginia Beach in the next Olympics.
Scott Labiak: It is funny that you said that. Last month, which I'm impressed that I'm the last
issue, last month it was tattoo parlors, and this month it is LED signs, which I think that would
look good there too.
Christopher Feltc)n: I want to commend you for sitting through all these meeting with us as well.
Scott Labiak: It"s been a learning experience actually. I don't mind doing it. I just hope you can
allow me to go through with it to City Council. I would be very appreciative of it. I know the
kids will too.
Joseph Strange: Are there any further questions? Mr. Henley has a question.
Al Henley: I also want to congratulate you too because you have done everything possible to
work with the Commission as well as your neighborhood. And I think it has also to say when a
parent that you have some restrictions because of the lot size. At least you're willing to get one
step forward and help your kids out, and their friends in the neighborhood. Otherwise, most
parents would say go play in the street. That's when problems arise. So, I just want to
congratulate you as being a good parent. I hope your children and your neighbor's children have
a great time.
Scott Labiak: Thank you sir.
Joseph Strange: Mr. Felton?
Item #20
Scott Labiak
Page 3
Christopher Helton: I would like to make a motion to approve the application.
Joseph Strange: A motion has been made by Mr. Felton and seconded by Mr. Ripley. Is there
any other discussion? The vote is open.
Scott Labiak: Thank you.
AYE 9 NAY 0 ABS 0 ABSENT 2
ANDERSON
AYE
BERNAS
ABSENT
FELTON
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
ABSENT
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
Ed Weeden: By a vote of 9-0, the Board has approved the application of Scott Labiak.
Joseph Strange: Is there any other business to be brought before the Commission?
Jack Whitney:
Mr. Chairman, I just want to remind you once again the workshop on the ITA
Plan for the 21" in the Planning Department Conference Room.
Joseph Strange:
If there is no other business, I want to thank everyone for attending today. I
want to thank the Planning staff for preparing our agenda. The meeting is adjourned.
Bethany Pentecostal
Map No[ to Scale
Map G-7 Holiness Church of Christ
*Zoning ww Condidonspromrs CUP for Church
�i s
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: BETHANY PENTECOSTAL HOLINESS CHURCH OF CHRIST / PHUONG
VAN NGUYEN, Conditional Use Permit, religious use, 3692 South Plaza Trail,
Suite 5. ROSE HALL DISTRICT
MEETING DATE: July 6, 2010
■ Background:
The applicant requests a Conditional Use Permit to allow a church to occupy the
an existing building totaling 2,800 square feet. This 25 member church currently
occupies the unit and was unaware of the need for a Conditional Use Permit. The
western and eastern portions of the building are already occupied by a church,
one granted a Conditional Use Permit by City Council in October 2007 and the
other granted a Use Permit on May 11, 2010.
■ Considerations:
The church that is the subject of this current request holds Sunday worship
services typically between noon and 2:00 p.m. and Sunday school earlier in the
day between 10:45 a.m. and 11:45 a.m. Bible Study is held on Wednesday
evenings, as are several fundraisers and community programs each month.
Community programs include: clothing and food drives and distribution;
Thanksgiving baskets assembly; and, youth programs such as Black History
month programs, skating parties, school supply giveaways, drama club, and
picnics.
The proposal is compatible with the adjacent residential and business uses in the
area. There is an existing buffer of trees between this property and the
residences to the north; however, the site is almost entirely void of landscaping.
The entire building is now occupied by a church use. With 59 parking spaces on
site, there is ample parking for all users. The churches occupying the western
and eastern portion of the building require only 26 parking spaces and this
church, with 25 members, would only require 5 more spaces.
There was no opposition to the request.
■ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 9-0, to recommend approval of this request to the
City Council with the following conditions:
Bethany Pentecostal Holiness Church of Christ
Page 2 of 3
1. The number of individuals attending any service shall not exceed the
occupancy number established by the City Fire Marshall.
2. The applicant shall obtain all the necessary permits and inspections from
the Planning Department Permits and Inspections Division and the Fire
Department. The applicant shall obtain a Certificate of Occupancy for the
change of use from the Building Official.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
<
City Manager:S L.-z3sot,
G-7 Bethany Pentecostal
,osc. Holiness Church of Christ 18
J � June 9, 2010 Public Hearing
Rte_ --n
c
CUP for Church
REQUEST:
Conditional Use Permit (church)
ADDRESS I DESCRIPTION: 3692 South Plaza Trail
APPLICANT:
BETHANY
PENTECOSTAL
HOLINESS
CHURCH OF
CHRIST
PROPERTY OWNER:
PHUONG NHON
NGUYEN
STAFF PLANNER: Carolyn A.K. Smith
GPIN:
ELECTION DISTRICT:
SITE SIZE:
AICUZ:
14875036930000
ROSE HALL
41,350 square feet
Less than 65 dB DNL
The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST
church to occupy the east side of an existing building totaling
2,800 square feet. This 25 member church currently occupies the unit and was unaware of the need for a
Conditional Use Permit. The western and eastern portions of the building are already occupied by a
church, one which was granted a Conditional Use Permit by City Council in October 2007 and the other is
under consideration.
The church that is the subject of this current request holds Sunday worship services typically between
noon and 2:00 p.m. and Sunday school earlier in the day between 10:45 a.m. and 11:45 a.m. Bible Study
on Wednesday evenings along with several fundraisers and community programs each month are held.
Community programs include: clothing and food drives and distribution; Thanksgiving baskets assembly;
and, youth programs such as Black History month programs, skating parties, school supply giveaways,
drama club. and picnics.
BETHANY PENTECOSTAL HOLINESS CHURCH OF CHAST
ST
,Agenda Ite � ".18 li
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Religious uses
SURROUNDING LAND North:
. Single-family dwellings / R-7.5 Residential District
USE AND ;CONING: South:
a South Plaza Trail
South Plaza Trail
• Single-family dwellings / R-7.5 Residential District
East:
. Donnawood Drive
• Office uses / B-2 Community Business District
West:
. Retail, office uses / Conditional B-1 Neighborhood Business
Proposed Land Use 3—
District
• Preschool and daycare / 0-2 Office District
NATURAL RESOURCE AND
The site is within the Chesapeake Bay watershed. There are no known
CULTURAL FEATURES:
significant environmental or cultural features on the site, as it is almost
entirely impervious.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIPI: South Plaza
Trail is a two-lane minor suburban arterial. Both Presidential and Donnawood Drive are two-lane local streets.
There are no CIP projects planned in the site's vicinity.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
South Plaza Trail
11,700 ADT
13,600 ADT (Level
Existing Zoning — 76 ADT
of Service "D")
Proposed Land Use 3—
Weekday 26 ADT
Sunday 100 ADT
Average Daily Trips
' as defined by general office use
3 as defined by church use
WATER &SEWER: This site is already connected to City water and sewer.
EVALUATION AND RECOMMENDATION
The proposal is compatible with the adjacent residential and business uses in the area. There is an
existing buffer of trees between this property and the residences to the north; however, the site is almost
entirely void of landscaping. The entire building is now occupied by a church use. With 59 parking
(; t
BETHANY PENTECOSTAL HOLINESS CHURCH OF CH . ST
4 .--
,Agenda Itere18
P, -2 i
spaces on site, there is ample parking for all users. The churches occupying the western and eastern
portion of the building require only 26 parking spaces and this church, with 25 members, would only
require 5 more spaces. Staff, therefore, recommends approval subject to the conditions below.
CONDITIONS
1. The number of individuals attending any service shall not exceed the occupancy number established
by the City Fire Marshall.
2. The applicant shall obtain all the necessary permits and inspections from the Planning Department
Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of
Occupancy for the change of use from the Building Official.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning /Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
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 ' l't +
BETHANY PENTECOSTAL HOLINESS CHURCH OF CHA. ST
`A jenda IteiA 18 ►
: P_3 i'
it" Is lO-:IRrHY DMT I, ON UEGEMUEN Zi, LVI SUWA D THE MOPKIMSHOW10N THIS PLAT.
41,111.'J"I HH' TITLE LINES AND THE WALLS Of THE 81NLONNiS ARE AS SHOWN ON TIOSPLAT. THE MLDINCS
01, 1 O "
AlAgn SiMC11YMINIM 7W.. TITLE LINES ANO THERE ARE NO ENCROACHMENTS OF OTMER BHR.dNCS ON THE
e'11WI Y E1HYPf AS SHOWN.
OF
PARCEL B
KIM
ton Pv wm vAtvLY was ORA1N1 mumm n[ SLNETR Q
A It" f lTM WY INTIM ONLY !ROSE
C . BULMAN
n Y
SUBDIVISION OF PROPERTY OF
�.
MIMIOIItANO
r44HLNIA TEINIbIS,t SMCS EMRRWRNKCS aIIC1TDON t .
"'".111106" "A`' " WIND3oR WOODS 11
P
_
- L' 1144
,
�yy� E`
71(116 7T16T4N
. L.,`"
im
M. ..
SOUTH PLAZA TRAI L(80' R/W)
GRAPHIC SCALE
TIK ftlIOPERIY Slam HEREON
OTMS TO 111c111cLOfJOEO NI It = 30'
TWM ZONE ' «x„
AS SHOWN Ixl MMA. FLOOD
HUM MAP COMA �LIMp�Y }PANEL
nsro 0 20 50 100
A.15.71'
R- 10.00'
BRICK SIGN
U.,
S
DATE.• 12/26/96
PHYSICAL' SURVEY
SCALE: 1N ww 30'
OF
PARCEL B
trn "O"'� OML aavlccs
SHEET 1 OF I
SUBDIVISION OF PROPERTY OF
�.
JOB 960729
DRAWN BY C.S. 0.
W.C. UEMY:ESTATE'
VA t.AA19n1 }'a.:44
jwao-ww0t
PLAT KMMM
YNNHAVEN BOROUGH VIROO M BEACH, VN,YON
I <1Atw)wtO.NOA
VIRGINIA BEACH, VA
FOR
M.B. 136, PG. 31
1SMOM VAN NOUYEN & MY LOl T. NWM
U.,
S
RPthnnv PPntPrnctal
-`Dong w"" GondmO1 pffl m CUP for Church
1 03/28/08 CUP(private school Granted
2 10/23/07 CUP church Granted
3 11/22/05 Change of Zoning 0-2 to Conditional B-1 Granted
ZONING
..1
BETHANY PENTECOSTAL HOLINESS CHURCH OF CH
,Agenda Iter 1
Pad
.. i
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 neoessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity
relationship with the applicant: (Attach list # necessary)
Chedc here If the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only #property owner is dfferent from applicent-
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-subeidlary' or affiliated business entity
relationship with the applicant: (Attach I& /f necessary)
O Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
ar I see next peps for fo vmw
Does an official or employee ofCity of Virginia Beach have an interest in the
sU*d land? Yes No 14
If yes, what is the name of the official or employee and the nature of their interest?
Cu ft u.. Pa M APPIMOM
pw9 dio
rbvlwd 7 ZAV
DISCLOSURE STA, tME T' ,
BETHANY PENTECOSTAL HOLINESS CHURCH OF CH , ST )
AAflenda It :.18 ;
P 7.'
4
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)
r "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.
Y "Affiliated business entity relationship" means "a relationship, other than parerrt-
subsidiary relationship, that exists when (t) one business entity has a controlling ownership
Interest in the other business entity, (A) a controlling owner In one entity Is also a controlling
owner in the other entity, or (ai) there is shared management or control between the business
entities. Facers that should be considered in determining the existence of an affiliated
business entity relationship include that the some 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 dose wonting 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 heroin is hue and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public tearing, I am responsible for obtaining and posting the required sign on the subject property at
Ised 30 days prior to the scheduled public hearing according to the Instructions in this package. The
undersigned also oonaents 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.
4 ft. d� $L N Print Nam� 1 L a- +AA Qr.1 s
operty Owners Signature (d dilferer
-ft
&-VAW y-uy6y
Print Name
corw*WW Un Pom* AWIcsbw
Pap! 10 or 10
ft~7rdrtoo7
DISCLOSURE S ATEM"T
BETHANY PENTECOSTAL HOLINESS CHURCH OF AST
f
i4enda Iteii 18
P,iae 8
f.i
Item #18
Bethany Pentecostal Holiness Church of Christ
Conditional Use Permit
3692 South Plaza Trail
District 3
Rose Hall
June 9, 2010
CONSENT
Janice Anderson: The next item is agenda 18. That's an application of Bethany Pentecostal
Holiness Church of Christ. This is for a Conditional Use Permit for religious use on property
located at 3692 South Plaza Trail, and this is in the Rose Hall District. Is there a representative
here from the church? Okay. Is there any opposition to this matter being placed on the consent
agenda? Seeing none, the Chairman has asked Chris Felton to review.
Christopher Felton: Thank you. The applicant requests a Conditional Use Permit to allow a
church to occupy the east side of an existing building at 3692 South Plaza Trail. This 25
member church will be in the western eastern portion of the building, and hold Sunday worship
services typically between noon and 2:00 pm on Sunday, and Sunday school earlier in the day
between 10:45 am and 11:45 am. Bible study on Wednesday evening along with several fund
raisers and community programs each month are held as well. We've reviewed the application.
It meets all requirements. There is no opposition. Staff has recommended approval, and we
concur with staff s recommendation and ask that it be placed on the consent agenda.
Janice Anderson: Thank you Chris. I have a motion to approve agenda item 18.
Joseph Strange: Do I have a second?
Phil Russo: Second
Joseph Strange: A motion has been made by Commissioner Anderson for approval of the
consent agenda item and seconded by Commissioner Russo.
AYE 9 NAY 0 ABS 0 ABSENT 2
ANDERSON
AYE
BERNAS
ABSENT
FELTON
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
ABSENT
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
Item #18
Bethany Pentecostal Holiness Church of Christ
Page 2
STRANGE AYE
Ed Weeden: By a vote of 9-0, the Board has approved item 18 for consent.
[an L04
110mceal Estate Trust for
CUP Community Boat Dock
h.
O
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: REAL ESTATE TRUST FOR PARCELS B&E, Conditional Use Permit,
community boat dock, between 425 and 441 Discovery Road. LYNNHAVEN
DISTRICT.
MEETING DATE: July 6, 2010
■ Background:
The applicant requests a Conditional Use Permit to allow for the replacement of a
non-commercial pier that is shared by nine property owners. The pier is located
on a 4,850 square foot lot in the Princess Anne Hills Park neighborhood. The
original subdivision plat for the neighborhood, recorded in 1961, contains a note
designating Parcels B and E for the use of the owners of lots 13, 14, 15, 1, 17,
18, 19, 20, and 21 for "boating and recreational purposes only." This request for
a community boat dock is limited to Parcel B only.
■ Considerations:
The submitted plan depicts an existing 6 -foot wide by 41 -foot long floating dock
with a proposed 6 -foot wide by 60 -foot long extension. An existing 3 -foot wide
wooden walkway provides access to the pier. The existing 41 -foot long pier was
constructed without the proper permits, as the applicant did not realize that
replacement of a pier did indeed require both the approval of a Joint Permit
Application (JPA) and a building permit. The applicant requests a full length of
101 feet for the pier, as such a length will allow up to three 30 -foot long boats to
moor at one time. A gravel "pull off' area is depicted on the plan; there are no
plans to pave any portion of this site. No boat lifts are proposed with this request.
Having one shared pier is preferred for both visual and navigation purposes,
particularly in this situation with nine property owners. The proposed pier will be
used exclusively by the applicant (the nine property owners), and no commercial
use of the pier will be permitted. The pier will not have a sewer pump out facility
nor will petroleum products be dispensed or stored on site.
Of greatest concern were any possible navigational conflicts that this pier might
pose. The applicant is currently seeking approval through the Joint Permit
Application (JPA) process, and no construction will be permitted until the JPA is
approved. The applicant has worked closely with Federal and State permitting
agencies, through the JPA process, in locating the pier to reduce the likelihood of
Real Estate Trust for Parcels B & E
Page 2 of 3
any navigational hazards. The United States Army Corps of Engineers has
jurisdiction over navigational issues and communication with the Corps indicates
that the location shown on the plan is acceptable.
There was no opposition to the request.
■ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 9-0, to recommend approval of this request to the
City Council with the following conditions:
1. The boat dock shall be limited to Parcel B identified on the plan entitled
"Exhibit for Conditional Use Permit," prepared by David R. Butler, P.E., dated
May 19, 2010, and substantially constructed as depicted on said plan, or as
modified as required by the Joint Permit Application Permit.
2. The use of the non-commercial, community boat dock shall be limited to the
private use of Lots 13, 14, 15, 1, 17, 18, 19, 20 and 21 in Princess Anne Hills
Park, identified in condition #1 above, for boating and recreational purposes
only.
3. Permits shall be secured from all appropriate regulatory agencies through the
Joint Permit Application process prior to any development or construction or
expansion of the pier.
4. No commercial use of the dock shall be permitted.
5. There shall be no on-site storage or dispensing of petroleum products from
this property.
6. The property, identified in Condition 1 above, shall be maintained and kept
free of debris and trash at all times.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City ManagerC S _
Real Estate Trust for
NWP LM
CUP Community Boat Dock
REQUEST:
Conditional Use Permit (community boat dock)
ADDRESS / DESCRIPTION: Discovery Road
15
June 9, 2010 Public Hearing
APPLICANT & PROPERTY OWNER:
REAL ESTATE
TRUST FOR
PARCELS B & E
STAFF PLANNER: Carolyn A.K. Smith
GPIN:
ELECTION DISTRICT:
SITE SIZE:
AICUZ:
24195192030000
LYNNHAVEN
4,850 square feet
Less than 65 dB DNL
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow for the replacement of a non-commercial pier
that is shared by nine property owners. The pier is located on a 4,850 square foot lot in the Princess Anne
Hills Park neighborhood. The plat for the neighborhood, recorded in 1961, contains a note that permits
use of Parcels B and E for lots 13, 14, 15, 1, 17, 18, 19, 20, and 21 for "boating and recreational purposes
only." This request for a community boat dock is limited to Parcel B only.
The submitted plan depicts an existing 6 -foot wide by 41 -foot long floating dock with a proposed 6 -foot
wide by 60 -foot long extension. An existing 3 -foot wide wooden walkway provides access to the pier. The
existing 41 -foot long pier was constructed without the proper permits, as the applicant did not realize that
replacement of a pier did indeed require both the approval of a Joint Permit Application (JPA) and a
building permit. The applicant requests a full length of 101 feet for the pier, as such a length will allow up
to three 30 -foot long boats to moor at one time. A gravel "pull off' area is depicted on the plan; there are
no plans to pave any portion of this site.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped vacant site
SURROUNDING LAND North:
. Discovery Road
USE AND ;CONING:
. Single-family dwellings / R-20 Residential District
South:
. Strattons Creek
• Single-family dwellings / R-20 Residential District
East:
. Single-family dwellings / R-20 Residential District
West:
. Single-family dwellings / R-20 Residential District
NATURAL RESOURCE AND The two adjacent lots are within the Chesapeake Bay watershed and are
CULTURAL FEATURES: specifically located in the Resource Protection Area, the more stringently
regulated portion of the Chesapeake Bay Preservation Area. There are
some trees and shrubs and a naturalized buffer with some erosion along
the shoreline. There are no known cultural features on this property.
IMPACT ON CITY SERVICES
This request for a shared pier will have no significant impact to City services.
Recommendation: EVALUATION AND RECOMMENDATION
The request for a 6 foot wide by
101 foot long floating, non-commercial community boat dock as depicted on the plan is recommended for
approval with the conditions below.
Comprehensive Plan:
The Comprehensive Plan identifies this site as being in the North Beach Area Suburban Focus Area 7
(SFA 7), generally located along both sides of Atlantic Avenue from 42nd Street to 89th Street. SFA 7 is
characterized by a compact arrangement of single-family and duplex units. General planning principles
and recommendations identified for this area focus on preserving and protecting the overall character,
economic value, and aesthetic quality of the stable neighborhoods.
Evaluation:
No boat lifts are proposed with this request. Staffs position is that a single, shared pier is preferred for
both visual and navigation purposes, particularly in this situation with nine property owners. The proposed
pier will be used exclusively by the applicant (the nine property owners), and no commercial use of the
pier will be permitted. The pier will not have a sewer pump out facility nor will petroleum products be
dispensed or stored on site.
As nine properties are party to the request, Staffs opinion is that the length of the pier is appropriate. Of
greatest concern were any possible navigational conflicts that this pier might pose. The applicant is
currently seeking approval through the Joint Permit Application (JPA) process, and no construction will be
permitted until the JPA is approved. The applicant has worked closely with Federal and State permitting
agencies, through the JPA process, in locating the pier to reduce the likelihood of any navigatiopal.- 4 _
Y
REAL ESTATE
,Agenda
hazards. The United States Army Corps of Engineers has jurisdiction over navigational issues and
communication with the Corps indicates that the location shown on the plan is acceptable.
In sum, Staff finds that the construction of a non-commercial community pier for the private use of the 9
homeowners of Lots 13, 14, 15, 1, 17, 18, 19, 20 and 21 for boating and recreational purposes is
compatible with neighboring properties and is recommended for approval as conditioned below.
CONDITIONS
1. The boat dock shall be limited to Parcel B identified on the plan entitled "Exhibit for Conditional Use
Permit," prepared by David R. Butler, P.E., dated May 19, 2010, and substantially constructed as
depicted on said plan, or as modified as required by the Joint Permit Application Permit.
The use of the non-commercial, community boat dock shall be limited to the private use of Lots 13, 14,
15, 1, 17, 18, 19, 20 and 21 in Princess Anne Hills Park, identified in condition #1 above, for boating
and recreational purposes only.
3. Permits shall be secured from all appropriate regulatory agencies through the Joint Permit Application
process prior to any development or construction or expansion of the pier.
4. No commercial use of the dock shall be permitted.
5. There shall be no on-site storage or dispensing of petroleum products from this property.
6. The property, identified in Condition 1 above, shall be maintained and kept free of debris and trash at
all times.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning /Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
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.
REAL ESTATE
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CUP Community Boat Dock
1 1 04/20/81 1 Subdivision Variance I Granted
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CUP Community Boat Dock
1 1 04/20/81 1 Subdivision Variance I Granted
C31SC LOSURE STATEMENT
Does an official or employee of the City of Virginia Beach have an interest in the
subject t3nd? Yes No X
If yes, what is the name of the official or employee and the nature of their interest?
GrA-4dWnW VSs P*MVd "OULIIM
Page 9 of 10
RwAsFed Ta'207
DISCLOSURE STATEMENT
E= 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)!010 r 7r } /y /
' "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' mans `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
pubitc hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 34 days prior to the scheduled public hearing according to the instructions in this packwje The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph an iew the si purposes of processing and evaluating this application.
App atu Print Name
Pr erty rs gna r ( different than applicant) Print Name
Co-AftrW Use Pemat Apphootion
Pap 10 or tti
Reviwl TrY2€ 07
DISCLOSURE STATEMEN
REAL ESTATE
Agenda
RU, ST
a[>a 15
`age..9
Ownership Disclosure
Beneficiaries of Trust
Dr. & hL& [ dtvin McLaughlin f432 Diccuven Rr>ad"
hir. & Ntx, Fx%,ard T. t;ainn (41 R Discoven t.:.irckc;
hlr. & %ls. Stephen Michaels (448 Dicovrn Road?
Mr, & Vii•, Gordon E. Parker, jr. (422 Discovery Road)
Mr. Roger W. (;my (424 (;nenold ,;ourt)
hlr. & Mrs. Edward Purne\ (4 6 Gosnold Court)
Mr. & hirs. jinn Prttingrr t440 lliscoven Road)
:sir. Steve i.auson <via cork fax {ri, 499-9)414)
hos. Deborah Garr Rodd (321 Whitchaven Lane,
Item #15
Real Estate Trust for Parcels B & E
Parcel B, Princess Anne Hills Park between
425 and 441 Discovery Road
District 5
Lynnhaven
June 9, 2010
CONSENT
Janice Anderson: The next matter we have on the consent agenda is agenda item 15. That's the
application of Real Estate Trust for Parcels B & E. This is a Conditional Use Permit for a
community boat dock. It is located in Princess Anne Hills Park between 425 and 441 Discovery
Road. Is there an applicant present on this matter if you could come forward please? Welcome
sir. Please state your name.
Stephan Michaels: I'm Stephan Michaels. I'm one of the property owners.
Janice Anderson: Thank you. Have you reviewed the conditions they have placed, and are they
acceptable?
Stephan Michaels: Yes ma'am.
Janice Anderson: Thank you. And your name sir, please?
Ed McLaughlin: Ed McLaughlin, another homeowner.
Janice Anderson: Thank you. Welcome. Okay. The conditions are acceptable?
Stephan Michaels: The conditions are acceptable, and we thank you all for the work.
Janice Anderson: We appreciate you all coming down. Thank you very much. Is there any
opposition to this matter being placed on the consent agenda? Seeing none, the Chairman has
asked Dave Redmond to review the matter.
David Redmond: Thank you Ms. Anderson. The application, Real Estate Trust for Parcels B &
E, requests a Conditional Use Permit to allow for the replacement of a non-commercial pier that
is shared by nine property owners. The pier is located on a 4,850 square -foot lot in the Princess
Anne Hills Park neighborhood. The submitted plan depicts and existing 6 -foot wide by 41 -foot
long floating dock with a proposed 6 -foot wide by 60 -foot long extension. An existing 3 -foot
wide footed walkway provides access to the pier. The existing 41 -foot long pier was constructed
without the property permits as the applicant did not realize that replacement of the pier did
indeed require both the approval of a Joint Permit Application and a building permit. The
applicant requests a full length of 101 -feet for the pier, such a length will allow up to three 30 -
foot long boats to moor at one time. A gravel pull off area is depicted on the plan. There are no
Item #15
Real Estate Trust for Parcels B & E
Page 2
plans to pave arty portion of this site. The Commission is unaware of any opposition to the
application. Staff recommends approval, and the Commission concurs by consent. Thank you.
Janice Anderson: Thank you David. I have a motion to approve agenda item 15.
Joseph Strange: Do I have a second?
Phil Russo: Second
Joseph Strange: A motion has been made by Commissioner Anderson for approval of the
consent agenda item and seconded by Commissioner Russo.
Ed Weeden: By a vote of 9-0, the Board has approved item 15 for consent.
AYE 9 NAY 0 ABS 0 ABSENT 2
ANDERSON
AYE
BERNAS
ABSENT
FELTON
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
ABSENT
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
Ed Weeden: By a vote of 9-0, the Board has approved item 15 for consent.
IIap K-4
R•amnn W RraPrjpn T,
CUP for Residential Kennel
NN
� 7h .pgS
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: RAMON W. BREEDEN, JR. / RAMON W. AND DEBORAH A. BREEDEN
Conditional Use Permit, residential kennel, 1433 North Bay Shore Drive.
LYNNHAVEN DISTRICT.
MEETING DATE: July 6, 2010
■ Background:
The applicants request a Conditional Use Permit to allow a residential kennel on
their property, which is zoned R-40 Residential District. The applicant currently
has seven dogs on the property. The Zoning Ordinance requires a Conditional
Use Permit for a residential kennel when more than four dogs over six months of
age are kept for pets or for hunting, exhibiting, dog shows, field and obedience
trials.
■ Considerations:
The applicant's dogs are family pets. There are two blonde retriever dogs, four
bichon frise dogs, and one shih tzu dog. The dogs are kept within the applicant's
residence.
The five acre property, in addition to being fenced and gated, is bound on two
sides by the waters of Linkhorn Bay. Each dog breed has its own designated
area within the yard. The dogs are also allowed with their owners to other parts
of this estate -sized property.
Section 223 of the Zoning Ordinance, which regulates this type of activity,
requires that the area of a parcel used as a residential kennel be located 100 feet
or more from the property line of any adjacent lot, except where the animals are
kept in soundproof, air-conditioned buildings. In this instance, the dogs live within
the residence on the site, which is temperature -controlled with both air
conditioning and heating.
No complaints have been registered with either the Police Department or Animal
Control, and the animals appear to be very well kept. Staff, therefore, concludes
that the request for a Conditional Use Permit for a residential kennel is
acceptable, subject to the conditions below.
There was no opposition to the request.
Ramon W. Breeden, Jr.
Page 2of3
■ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 9-0, to recommend approval of this request to the
City Council with the following conditions:
1. No more than six adult dogs (over six months of age) shall be kept on the
property at any time.
2. The applicant shall maintain the dogs in a current status on any required
shots and shall properly license the dogs through the City of Virginia
Beach.
3. The dog litter shall be picked up and disposed of on a daily basis.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager.0
REQUEST:
Conditional Use Permit (residential kennel)
ADDRESS / DESCRIPTION: 1433 North Bay Shore Drive
17
June 9, 2010 Public Hearing
APPLICANT & PROPERTY OWNER:
RAMON W.
GPIN: ELECTION DISTRICT: SITE SIZE
24191164140000 LYNNHAVEN 5 acres
BREEDEN, JR.
STAFF PLANNER: Karen Prochilo
AICUZ:
Less than 65 dB DNL
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow a residential kennel on their property zoned R-
40 Residential District. The applicant currently has seven dogs on the property. These dogs are family
pets. There are two blonde retriever dogs, four bichon (rise dogs, and one shih tzu dog. The dogs are
kept within the applicant's residence.
The five acre property, in addition to being fenced and gated, is bound on two sides by the waters of
Linkhorn Bay. When outside, each breed of dog has its own designated area. The dogs are also allowed
with their owners to other parts of this estate -sized property.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: single-family dwelling
SURROUNDING LAND North: 0 Linkhorn Bay
USE AND ZONING: South: . Single-family dwellings / R-40 Residential District
East: . Single-family dwellings / R-40 Residential District
West: . Linkhom Bay
NATURAL RESOURCE AND This is a residential property with a home, pool, and residential
CULTURAL. FEATURES: landscaping immediately adjacent to the dwelling. The remainder of the
site is left in its natural state with some paths through it.
IMPACT ON CITY SERVICES
The proposed use is not anticipated to impact City Services beyond that of a typical residential use.
ANIMAL CONTROL: There have been no complaints or issues at this property related to the animals.
Recommendation: EVALUATION AND RECOMMENDATION
Staff recommends approval of this
request with the conditions below.
Evaluation:
The Zoning Ordinance requires a Conditional Use Permit for a residential kennel when more than four
dogs over siK months of age are kept for pets or for hunting, exhibiting, dog shows, field and obedience
trials.
Section 223 of the Zoning Ordinance, which regulates this type of activity, requires that the area of a
parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot,
except where the animals are kept in soundproof, air-conditioned buildings.
The dogs live within the residence on the site which is temperature -controlled with both air conditioning
and heating. No complaints have been registered with either the Police Department or Animal Control,
and the animals appear to be very well kept. Staff, therefore, concludes that the request for a Conditional
Use Permit for a residential kennel is acceptable, subject to the conditions below.
CONDITIONS
1. No more than six adult dogs (over six months of age) shall be kept on the property at any time.
2. The applicant shall maintain the dogs in a current status on any required shots and shall properly
license the dogs through the City of Virginia Beach.
3. The dog litter shall be picked up and disposed of on a daily basis.
RAMON WAS REEE
Agenda
i
17
2
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City
Code, including those administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of
Occupancy, are required before any uses allowed by this Use Permit are valid.
Ir
RAMON W."EEDEN bk.
Agenda Ite&73;
FENCI
LOCAL
HIGHI
^fie
r�
w �
PHOTOGRAPHS OF THE DOGS
RAMON W. BREEDEN, JR.
Agenda Item -17
Page 7
No Zoning History to report
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm business, or other unincorporated
organization, complete the following:
1. List the applicant nam followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant:. (Attach list it necessary)
El 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 finecessary)
63 r Check here if the properly owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& 2 See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land*? Yes filo
If yes, what is the name of the official or employee and the nature of their interest?
t; okiditcu,ani W., PamV. A.pp€,:a€, ur
Page 9 of 10
Rov4W 713.,?2U77
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) A( JA
' "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.
- 3 "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, (I) a controlling owner in one entity is also a controlling
owner In the other entity, or (iii) there is shard 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 some 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 recent of notification (postcard) that the application has been scheduled for
pubic heating, 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 photggraph and v eyr►�V site for purposes of processing and evskiating this application.
���'
Apply nFs s prolate ij PIA Name
E
{
Property Owner's Signature (if differerr than applicant) Print Name
CorOW, gi€ Use Pwmt ApOcaban
§age 1G of 10
Fta%ft ;4 71 a2 07
DISCLOSURE STATEMENT
Item #17
Ramon W. Breeden, Jr.
Conditional Use Permit
1433 North Bay Shore Drive
District 5
Lynnhaven
June 9, 2010
CONSENT
Janice Anderson: The next matter is agenda item 17. That is the application of Ramon W.
Breeden, Jr. / Ramon W. and Deborah A. Breeden. This is for a Conditional Use Permit for a
residential kennel on property located at 1433 North Bay Shore Drive, Lynnhaven District. Is
there a representative here on this application? Welcome sir. Please state your name?
Frank Wiley: The name is Frank Wiley, Senior Vice President of the Breeden Company. And,
I'm representing Mr. & Mrs. Breeden.
Janie Anderson: Thank you Mr. Wiley. There have been three conditions placed on this
application. Are they acceptable?
Frank Wiley: Item 1 should be 7 instead of 6.
Janice Anderson: We have noted that change. That was a typo. Thank you for bringing that to
our attention.
Frank Wiley: We accept them all.
Janice Anderson: Thank you sir.
Frank Wiley: Thank you ma'am.
Janice Anderson: Is there any opposition to this matter being placed on the consent agenda?
Seeing none, the Chairman has asked Ron Ripley to review this application.
Ronald Ripley: This application is on a 5 -acre piece of land at the end of North Bay Shore
Drive. What triggered it is that ordinance of the City requires that you can have four dogs over
six months of age, and the applicant wishes to have 7 there. They are pets. They are regulated,
and there have been no complaints about noise or police or anything like that. And, apparently
they reside inside most of the time. It is really a technical correction for the applicant, and we put
it on the consent agenda. Staff recommended approval.
Janice Anderson: Thank you Ron. I have a motion to approve agenda item 17.
Joseph Strange: Do I have a second?
Item #17
Ramon W. Breeden, Jr.
Page 2
Phil Russo: Second
Joseph Strange: A motion has been made by Commissioner Anderson for approval of the
consent agenda item and seconded by Commissioner Russo.
Ed Weeden: By a vote of 9-0, the Board has approved item 17 for consent.
AYE 9 NAY 0 ABS 0 ABSENT 2
ANDERSON
AYE
BERNAS
ABSENT
FELTON
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
ABSENT
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
Ed Weeden: By a vote of 9-0, the Board has approved item 17 for consent.
in n F-7
Map No! to Scetz -MCHI) Ir. Hier P Ises, inn.
01 *,
in9 wml coedidons:P.ott.rs Conditional Zoning Change from A-24` to PDH -2(A-,'
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: KEMP ENTERPRISES, INC., Change of Zoning District Classification,
Conditional A-24 Apartment District to Conditional A-24 Apartment District with a
PD -H2 Overlay, south side of Bonney Road, 563 feet east of Kenley Road.
KEMPSVILLE DISTRICT.
MEETING DATE: July 6, 2010
■ Background:
The applicant requests a change of zoning for the subject site from A-24
Apartment District to A-24 Apartment District with a PD -H2 overlay. This site was
conditionally rezoned in 2006 to allow a 55 -unit townhome condominium
development at a density of 9 dwelling units per acre.
The Comprehensive Plan designates this site as being within Strategic Growth
Area 4 / Pembroke Southern Corporate District Area. The Southern Corporate
District is an area with planned greenways throughout an urban village with eye
catching medium -rise office buildings transitioning to smaller scale, reduced -
height office/retail buildings and residential dwellings as one moves south toward
Bonney Road. The plan envisions urban villages defined as a series of
residential areas surrounded by open space. Green pedestrian and bike trails
that connect these villages to the rest of the Pembroke SGA 4 and City (page
38). The Pembroke Strategic Growth Area 4 Implementation Plan also identifies
a portion of this parcel as one of the opportunities for a district neighborhood
park. The parks and open spaces are designed as landscaped recreational
opportunities intended for use by the occupants in adjacent buildings. Passive
and limited active recreation can be facilitated at these locations (page 54).
■ Considerations:
The applicant's new proposal is for single-family condominium development. The
applicant has proposed 63 single-family units at a density of 10.5 dwelling units
per acre. The architecture of the single-family dwellings is a blend of traditional
and contemporary elements. The design utilizes a tiered roof of fiberglass
architectural style roof shingles topping a trio of siding materials. The materials
used are brick, rough stone veneer and beaded vinyl siding. The units are
planned to be between 1,850 SF and 2,400 SF and no higher than 38.6 feet in
height.
Kemp Enterprisos, Inc.
Page 2 of 3
The modification of the townhome development to a single-family style
condominium is compatible with the existing predominately residential land use in
the surrounding area. Moreover, since the applicant was the property owner at
the time of the original Conditional Rezoning approval and rezoned the site to a
residential use prior to the Pembroke Strategic Growth Area 4 Implementation
Plan, the likelihood of the site converting to a district park, as recommended by
the Pembroke SGA Plan, was limited. The applicant's current proposal merely
modifies the current zoning for the purpose of providing a dwelling type that
accommodates the current market.
There was no opposition to the request.
■ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 9-0, to recommend approval of this request to the
City Council as proffered.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location IMap
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Dep3rtment/Agency: Planning Department
City Manage % k—
f
19
June 9, 2010 Public Hearing
APPLICANT AND PROPERTY
OWNER:
KEMP
ENTERPRISES,
INC.
STAFF PLANNER: Karen Prochilo
REQUEST:
Chance of Zoning District Classification, Conditional A-24 Apartment District to Conditional A-24 Apartment
District with a PD -H2 Overlay
ADDRESS / DESCRIPTION: South side of Bonney Road, 563 feet east of Kenley Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
1477009793 KEMPSVILLE 5.9 acres Less than 65 dB DNL
APPLICATION HISTORY: City Council granted approval for a Conditional Rezoning from R -5D to Conditional
A-24 on August 9, 2006.
SUMMARY OF REQUEST
The applicant proposes to rezone the existing A-24 Apartment District to A-24 Apartment District with a
PDH2 overlay. This site had been conditionally rezoned in 2006 to allow 55 townhome unit condominium
development at a density of 9 dwelling units per acre. The new proposal would now be developed for
single family condominium development. The applicant has proposed 63 single family units at a density of
10.5 dwelling units per acre.
The architecture of the single family dwelling is a blend of traditional and contemporary elements. The
design utilizes a tiered roof of fiberglass architectural style roof shingles topping a trio of siding materials.
The materials used are brick, rough stone veneer and beaded vinyl siding. The units are planned to be
between 1,850 SF and 2,400 SF and no higher than 38.6' in height.
KEMP E
L
(PRISES, ] NC.
Agenda Ite : 19 >
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road
in the vicinity of this application Is considered a two-lane undivided collector street. The Master Transportation
Plan proposes an undivided facility within a 70 foot right-of-way. Currently, this segment of roadway is
functioning under capacity at a LOS C or better.
A roadway 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. The scope of services will include, but not be limited to, traffic studies,
alternative transit methods, intersection improvements, arterial improvements, pedestrian access, aesthetic
design elements, public involvement, and development of a Comprehensive Transportation Plan with which
the city can develop feasible projects in the Central Business District that will provide a benefit to the traffic
flow in the area.
TRAFFIC:
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: One single family residential dwelling and a undeveloped site
SURROUNDING LAND North:
. Across Bonney Road is County View Trailer Park and a
USE AND ZONING:
residential development under construction / A-12 Apartment
3,844 ADT
District and PD -H2 Overlay (A-12)
South:
. Single Family dwellings fronting Kenley Road / R -5D
Residential District
East:
. Single Family dwelling fronting Bonney Road / R -5D Residential
District
West:
. Single Family dwelling on Bonney Road / R -5D Residential
Proposed Land Use 3_
District
NATURAL RESOURCE AND
The rear of the site is partially wooded. There are no significant natural
CULTURAL. FEATURES:
resources or cultural features associated with this site.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road
in the vicinity of this application Is considered a two-lane undivided collector street. The Master Transportation
Plan proposes an undivided facility within a 70 foot right-of-way. Currently, this segment of roadway is
functioning under capacity at a LOS C or better.
A roadway 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. The scope of services will include, but not be limited to, traffic studies,
alternative transit methods, intersection improvements, arterial improvements, pedestrian access, aesthetic
design elements, public involvement, and development of a Comprehensive Transportation Plan with which
the city can develop feasible projects in the Central Business District that will provide a benefit to the traffic
flow in the area.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Bonney Road
3,844 ADT
6,200 ADT (max.
Existing Land Use —
(2008)
Level of Service "C")
322 ADT
9,900 ADT' (max.
Proposed Land Use 3_
Levelof Service "D") /
632 ADT
capacity
50 AM peak hr vehicles
11,100 ADT' (max.
66 PM peak hr vehicles
Level of Service "E"
Average Daily Trips
'
as defined by 55 unit townhome condominium, A-24 zoning
a as defined by 63 single family dwellings condominium, A-24 zoning
T
KEMP ENTEWRISES,1 C.
Agenda Iteii 19
Pi2 }
+.`
Right-of-way improvements for this site have been approved through Development Services Center and are
listed under DSC File #E07-683. The major improvements shown on this application appear to be consistent
with those approved plans. In addition, a dedication of 5 feet along Bonney Rd. such that the ultimate R/W of
70 feet, in accordance with the Master Transportation Plan amended 10/12/04 is achieved
WATER: This site must connect to City water. There is a 10 inch city water main along Bonney Road.
SEWER: This site must connect to City sanitary sewer. Pump Station #407 the receiving pump station for this
site, has capacity issues and may require system modification. An engineering hydraulic analysis of Pump
Station #407 and the sanitary sewer collection system is required to ensure future flows can be
accommodated. There is no city gravity sanitary sewer fronting this site.
STORMWATER: Downstream drainage easements and capacity from this proposal do not appear adequate.
Downstream drainage easements may be required with the development of this site
SCHOOLS:
School
Current
Capacity GenerationChange 2
Enrollment
Point O' View Elementary
521 599 17 4
Larkspur Middle
1561 1536 10 3
Kempsville High
1764 1807 14 5
"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 proposal to be within Strategic Growth Area 4/ Pembroke
Southern Corporate District Area. This area is planned to emerge as an urban village with a mix of
attractive residential and signature office buildings located along 1-264. The development pattern should
transition to smaller scale residential, office and retail uses to the south (page 2-17).
The Pembroke Strategic Growth Area 4 Implementation Plan which is adopted by reference in the
Comprehensive Plan identifies the Southern Corporate District as an area with planned greenways
throughout an urban village with eye catching medium -rise office buildings transitioning to smaller scale,
reduced -height office/retail buildings and residential dwellings as one moves south toward Bonney Road.
The plan envisions urban villages defined as a series of residential areas surrounded by open space.
Green pedestrian and bike trails that connect these villages to the rest of the Pembroke SGA 4 and City
(page 38).
KEMP ENTMPRISES,
i4enda Ite
y w M
JC.
19
le -3
The Pembroke Strategic Growth Area 4 Implementation Plan also identifies a portion of this parcel as one
of the opportunities for a district neighborhood park. The parks and open spaces are designed as
landscapec' recreational opportunities intended for use by the occupants in adjacent buildings. Passive
and limited active recreation can be facilitated at these locations (page 54).
Additionally, the Pembroke Strategic Growth Area 4 Implementation Plan states in the form based code
section that single family use is an excluded use type in this area. Allowable lot types include: lined,
plaza, mixed-use, retail/residential, loft apartment, apartment house, row house and live -work buildings
(page 58).
Evaluation:
The modification of the townhome development to a single family style condominium is compatible with
the existing predominately residential adjacent land use despite the proposal for single family not
completely aligned with the Pembroke Strategic Growth Area 4 Implementation Plan.
Since the applicant was the property owner at the time of the original Conditional Rezoning approval and
rezoned the site to a residential use prior to the Pembroke Strategic Growth Area 4 Implementation Plan,
the likelihood of the site converting to a district park was limited. This proposal is simply modifying the
existing residentially zoned site to accommodate the current market.
The proposed exterior building materials also remain complementary with the residential neighborhoods
nearby to this proposal and exhibit the quality called for by the Comprehensive Plan.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When the Property is developed, the entrance, streets, landscaping, fencing, community signage and open
space features shall be substantially in accordance with the "Exhibit of KEMPS VILLAGE @ TOWN
CENTER" pages 1 and 2, dated 01/15/10, prepared by Kellam-Gerwitz Engineering, which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning
(Concept Plan).
PROFFER 2:
When the Property is developed, there will be no more than sixty-three (63) single family residential
condominium units, each of which shall have a one or two car garage.
PROFFER 3:
When the Property is developed, the residential dwellings depicted on the Concept Plan shall have the
architectural design and utilize the building materials substantially as depicted on the Exhibits entitled
I
KEMP ENTERPRISES,C.
;Agenda Ite 19
i pa 4 0i
"KEMPS VILLAGE @ TOWN CENTER for Kemp enterprises" dated January 30, 2010, for models "A", "B",
"C" and "D", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning (Elevations).
PROFFER 4:
The dimensional requirements applicable to Kemps Village at Town Center shall be as follows:
• Minimum Setback from Bonney Road 20'
• Minimum Rear Yard and Side Yard Setback from the Adjacent Properties 12'
• Minimum Distance from Dwelling to Edge of Curb on Interior Streets:
Front Yard Garage 4'
Side Dwelling 5'
• Minimum Distance between Residential Buildings 7.8'
PROFFER 5:
When the Property is developed, the Grantor shall record a Declaration submitting the Property to the
Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be
responsible for maintaining all open space, common areas, landscaping and other improvements on the
Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium
Association shall be mandatory.
PROFFER 6:
The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios, (fenced
or unfenced), drive aisles, and parking areas are open spaces which shall be utilized as such. Open Spaces
shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by
the Condominium Association consistent with the intent and regulations set forth in the Article 3 of the
Zoning Ordinance ("Preservation District").
PROFFER 7:
The Covenants, Restrictions and Conditions set forth herein replace and supersede the "Proffered
Covenants, Restriction and Conditions dated April 20, 2006 recorded in the Office of the Clerk of the Circuit
Court of the City of Virginia Beach, Virginia as Instrument #20061201001797520.
PROFFER 8:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the
project.
The City Attorney's Office has reviewed the proffer agreement dated February 1, 2010, and found it to be
legally sufficient and in acceptable legal form.
,.,y -
KEMP ENTERPRISES,
;Agenda Ite
P,
E
19
�5
NOTE. Fun`her conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this change of zoning application may require revision during
detailed site plan review to meet all applicable City Codes and Standards. All applicable permits
required by the City Code, including those administered by the Department of Planning /Development
Services Canter and Department of Planning / Permits and Inspections Division, and the issuance of a
Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid.
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.
s• .�iti
KEMP ENTERPRISES,1 C.
Benda Ite 19
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AT TOWN CENTER
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KEMP EN-MRPRiSES, INC.
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KEMP ENTERPRISES, INC.
Agenda Iter» 19
Pao 11
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Map v'E-b Kemp Enterprises, Inc.
t�Fa�. ;'a, to gcafa '1
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7,
•� .Y a w ) f.. '� i I v 1
• zoning wkh CoedNionsProftrs Conditional Zoning Change from A-24` to PDH -2(A-24)
1
08/09/06
Conditional Rezoning from R-51) to A-24
Granted
12/02/03
Subdivision Variance
Granted
2
04/05/05
Conditional Rezoning from A-12 to A-24with a PD -
H2 Planned Development Overlay
Granted
3
09/23/03
Conditional Rezoning from A-12 to R-51)
Granted
4
11/10/98
Modification of Conditions
Granted
12/09/97
Conditional Use Permit church
Granted
11/18/97
Conditional Rezoning from A-24 to R-51)
Granted
10/08/96
Conditional Rezoning from R-51) to A-24 &
Conditional Use Permit fraternal lode
Granted
5
04/09/96
Modification of Conditions
Granted
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following*
11. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Kernp Enterprises, Inc.: George Kemp, President/Secretary
2. i_ist all businesses that have a parent -subsidiary' or affiliated business entity
relationship with the applicant: (Attach list if necessary)
0 ,heck here if the applicant is NOT corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if party 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)
O Check here If the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
L T -P
See next page for footnotes
pap t1of12
ROWMIf W11004
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)
Kellam-Gerwitz
Sykes, Bourdon, Ahern & Levy, P.C.
1 'Parent -subsidiary relationship' means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code § 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 sarne 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
acxordi the in cti sit is package.
K n ,Inc �/' ,
George Kemp, President
is Signato re ; ` Print Name
Property Owner's Signature of different than applicant) Print Name
Gosultbon* Rrtonilg AVON' bon
Par 12 of 12
&'112064
DISCLOSURE
Item #19
Kemp Enterprises, Inc.
Change of Zoning District Classification
South side of Bonney Road, 563 Feet East of Kenley Road
District 2
Kempsville
June 9, 2010
CONSENT
Janice Anderson: The last matter on the consent agenda is agenda item 19. That is the
application of Kemp Enterprises, Inc. This is for a change of zoning from Conditional A-24
Apartment District to Conditional A-24 Apartment District with a PD -H2 Overlay on the
south side of Bonney Road, in the Kempsville District. Mr. Bourdon?
Eddie Bourdon: Thank you again Ms. Anderson and members of the Commission, for the
record, I'm Eddie Bourdon, a Virginia Beach attorney representing the applicant. We
appreciate item 19 being on the consent agenda. This proffered application, and I do want to
mention that since we've applied for this, the actual price range projections on these units
have come down about $10,000.00. It is really $269,900.00 to $329,900.00 is the project
price range for the units as proposed.
Janice Anderson: Thank you Mr. Bourdon. Is there any opposition to this matter being
placed on the consent agenda? Seeing none, the Chairman has asked Henry Livas to review.
Henry Livas: Thank you Jan. The applicant proposes to rezone the existing A-24 Apartment
District to an A-24 Apartment District with a PD -H2 Overlay. The site had been
conditionally rezoned in 2006 to allow a 55 townhome unit condominium development at a
density of 9 dwei'.ling unit per acre. The new proposal will now be developed for a single-
family condominium development. The applicant has proposed 63 single-family units at a
density of 10.5 wi is per acre. The units are planned to be between 1,800 -square feet and
2,400- square feet, and no higher than 38.6 feet in height. The Comprehensive Plan
recognizes this proposal to be within the Strategic Growth Area 4/Pembroke Southern
Corporate District Area. This area is planned to emerge as an urban village with a mix of
attractive residential and signature office building located along I-264, transition to smaller
scale residential, office and retail uses to the south. The plan envisions urban villages
defined as a series of residential areas surrounded by open space, green pedestrian and bike
trails that conned: these villages to the rest of the Pembroke SGA 4 and the City. The
proposal is simply to modify the residential zone site to accommodate the current market,
and modification of the townhouses to a single-family style condominiums, is compatible
with the existing ;predominately residential adjacent land use. We concurred with staff's
recommendation of approval, and we have therefore put it on our consent agenda.
Janice Anderson: Thank you Henry. Mr. Chairman, I have a motion to approve agenda item
19.
Item #19
Kemp Enterprises, Inc.
Page 2
Joseph Strange:
Do I have a second?
Phil Russo: Second
Joseph Strange:
A motion has been made by Commissioner Anderson for approval of the
consent agenda item and seconded by Commissioner Russo.
AYE 9 NAY 0 ABS 0 ABSENT 2
ANDERSON
AYE
BERNAS
ABSENT
FELTON
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
ABSENT
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
Ed Weeden: By a vote of 9-0, the Board has approved item 19 for consent.
Joseph Strange: Okay. Thank you.
In Reply Refer To Our File No. DF -7646
TO: Mark D. Stiles 1>
FROM: B. Kay Wilson�`�"
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: June 24, 2010
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Kemp Enterprises, Inc.
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on July 6, 2010. 1 have reviewed the subject proffer agreement, dated
February 1, 2011) 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/ka
Enclosure
cc: Kathleen Hassen ✓
PREPARED BY:
SYKES. BOURDON,
AIIERN & LEVY. P.0
KEMP ENTERPRISES, INC., a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this ist day of February, 201o, by and between KEMP
ENTERPRISES, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of that certain parcel of property located in
the Kempsville District of the City of Virginia Beach, Virginia, containing approximately
5.856 acres, as more particularly described in Exhibit "A", which is attached hereto and
incorporated herein by reference (the "Property"); and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map
of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change
the zoning classification of the property from Conditional A-24 Apartment District to
Conditional PDH -2 District with an underlying A-24 District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of
the Property and at the same time to recognize the effects of change, and the need for
various types of uses, certain reasonable conditions governing the use of the Property for
the protection of the community that are not generally applicable to land similarly zoned
are needed to cope with the situation to which the Grantor's rezoning application gives
rise; and
GPIN: 1477-00-9793
Prepared By: R. Edward Bourdon, Jr., Esquire
Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
1
PREPARED BY:
SYKES. BOURDON,
AHERN & LEVY. P.C.
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning :Map, in addition to the regulations provided for the PDH -2 Zoning District and the
A-24 Zoning District by the existing overall Zoning Ordinance, the following reasonable
conditions related to the physical development, operation, and use of the Property to be
adopted as a part of said amendment to the Zoning Map relative and applicable to the
Property, which has a reasonable relation to the rezoning and the need for which is
generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal
representatives, assigns, grantee, and other successors in title or interest, voluntarily and
without any requirement by or exaction from the Grantee or its governing body and
without any element of compulsion or Quid pro quo for zoning, rezoning, site plan,
building; permit, or subdivision approval, hereby make the following declaration of
conditions and restrictions which shall restrict and govern the physical development,
operation, and use of the Property and hereby covenants and agrees that this declaration
shall constitute covenants running with the Property, which shall be binding upon the
Propertand upon all parties and persons claiming under or through the Grantor, its
successors, personal representatives, assigns, grantee, and other successors in interest or
title:
1. When the Property is developed, the entrances, streets, landscaping,
fencing, community signage and open space features shall be substantially in accordance
with the "Exhibit of KEMPS VILLAGE @ TOWN CENTER", pages 1 and 2, dated 01/15/10,
prepared by Kellam-Gerwitz Engineering, which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Department of Planning ("Concept
Plan").
2.. When the Property is developed, there will be no more than sixty-three (63)
single family residential condominium units, each of which shall have a one or two car
garage.
When the Property is developed, the residential dwellings depicted on the
Concept Plan shall have the architectural design and utilize the building materials
substantially as depicted and designated on the Exhibits entitled "Kemps Village @ Town
Center for Kemp Enterprises", dated January 30, 2010, for Models "A", "B", "C" and "D",
2
which have been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Planning Department ("Elevations").
4. The dimensional requirements applicable to Kemps Village at Town Center
shall be as follows:
• Minimum Setback from Bonney Road 20'
• Minimum Rear Yard and Side Yard Setback from
Adjacent Properties 12'
• Minimum Distance from Dwelling to Edge of Curb
on Interior Streets:
Front Garage 4'
Side Dwelling 5'
• Minimum Distance between Residential Buildings 7.8'
5. When the Property is developed, the Grantor shall record a ;declaration
submitting the Property to the Condominium Act of the Commonwealth of Virginia.. The
Condominium Unit Owners' Association shall be responsible for maintaining all open
spaces, common areas, landscaping and other improvements on the Property as depicted
on the Concept Plan. Membership, by all residential unit owners, in the Condominium
Association shall be mandatory.
6. The areas depicted on the Concept Plan which will not be occupied by
residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are
opens spaces which shall be utilized as such. Open spaces shall be rezoned to P-1
Preservation District prior to Site Plan approval and shall be maintained and used by the
Condominium Association consistent with the intent and regulations set forth in Article 3
of the Zoning Ordinance ("Preservation District").
7. The Covenants, Restrictions and Conditions set forth herein replace and
supersede the "Proffered Covenants, Restrictions and Conditions dated April 20; 2oo6
recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,
Virginia as Instrument #2oo61201001797520.
8. Further conditions may be required by the Grantee during detailed Site Plan
PREPARED BY:
.10 SYKES, BOURDON, review and administration of applicable City Codes by all cognizant City agencies and
M AHERN & LEVY. P.C. departments to meet all applicable City Code requirements.
3
PREPARED BY:
►:: SYK£S. BOURDON.
A14£RN & LEVY, P.C.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised 'Zoning
Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record_ owner of the
Properb7 at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code
of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
The Grantor covenants and agrees that:
(t) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested vrith all necessary authority, on behalf of the governing body of the Citti, of Virginia
Beach, 'Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made'purs.iant to
these previsions, the Grantor shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(I) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
S
PREPARED BY:
SYK£S, BOURDON,
AHERN & L£YY. P.C.
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed
in the name of the Grantor and the Grantee.
- 5
WITNESS the following signature and seal:
Grantor:
Kemp Enterprises, Inc., a Virginia corporation
z_4
By: 4�_(SEAL)
eorge K p resi nt
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this ist day of February,
2010, by George Kemp, President of Kemp Enterprises, Inc., a Virginia corporation,
Grantor.
My Commission Expires: August 31, 2010
Notary Registration No.: 192628
PREPARED BY:
018 SYK£S. BOURDON.
AR£RN & L£VY. P.C.
0
No ary Public
PREPARED BY:
SYKES, BOURDON,
414ERN & LEVY. P.C.
EXHIBIT "A"
LEGAL DESCRIPTION
ALL OF THAT certain lot, piece or parcel of land, lying, situate and being in the City of
Virginia Beach, Virginia, containing 5.856 Acres, more or less, and being known,
numbered and designated as Parcel "Di -B" on that certain "RESUBDIVISION OF
PARCELS D1, D2, B, C AND TWO UNNAMED PARCELS CORNICKS KEMPSN7ILLE
FARM (Instr. #200401200010194) (M.B. 43, P. 41)", made by Kellam-Gervitz, dated
March 16, 2007, which plat is recorded in the Clerk's office of the Circuit Court of the City
of Virginia Beach, Virginia as Instrument #2007o605000761310.
GPIN: 1477-00-9793
ConditionalRezone/KempEnterprises/Kemps Village @ Town Center/Proffer
7
'Zoning wM Condithm Prolfe s Condition! Zoning Change from R5D & 1-2 to N
U�
f�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH, Change of Zoning District Classification from
R-51) Residential Duplex District to Conditional 1-1 Light Industrial District on
property located on the southwest side of South Rosemont Road, approximately
330 feet west of Concert Drive. ROSE HALL DISTRICT.
MEETING DATE: July 6, 2010
■ Background:
The City of Virginia Beach is the applicant in this request to rezone the subject
site from R -5D Residential Duplex District and 1-2 Heavy Industrial District to 1-1
Light Industrial District. The change of zoning will allow the development of the
site for a volunteer organization, Operation Smile, which is dedicated to the care
and treatment of children with cleft lip, cleft palate, and other facial deformities.
■ Considerations:
The volunteer organization known as Operation Smile proposes to establish its
new global headquarters on this site, locking the organization into a secure future
as one of the world's leading volunteer children's charities. The new
headquarters will house a center of excellence for all international surgical
programs, cleft treatment, and specialty medical training for 5,000 global
volunteers, while hosting visiting dignitaries, medical professionals, and students
from schools throughout the Commonwealth. The organization will highlight its
public-private partnerships, its commitment to children, and its ability to forge
long-term humanitarian relationships throughout the world.
Operation Smile will leverage its new headquarters location in the Princess Anne
Commons Complex to expand existing private — public partnerships. Operation
Smile has many existing educational partnerships with leading institutions and
plan to continue the tradition with Tidewater Community College and the Virginia
Beach Higher Education Center.
This proposal is in conformance with the Comprehensive Plan's
recommendations for this area. This proposal meets the goals of the
Comprehensive Plan's suburban design guidelines by connecting with a
Tidewater Community College parking area and using long lasting attractive, high
quality building materials. The exterior of this proposed facility incorporates brick
with brick or precast concrete accents, metal panel system and tinted glazing.
City of Virginia Beach
Page 2 of 3
The proposed facility and site will be developed utilizing LEED (Leadership in
Energy and Environmental Design) criteria.
There was no opposition to the request.
■ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 9-0, to recommend approval of this request to the
City Council as proffered.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: k ,
•a.4+�+� coma a oza" C"r" Lmm RW t 4J b N
14
June 9, 2010 Public Hearing
APPLICANT / PROPERTY OWNER:
CITY OF VIRGINIA
BEACH
STAFF PLANNER: Karen Prochilo
REQUEST:
Conditional Change of Zoning (R -5D Residential Duplex and 1-2 Heavy Industrial to 1-1 Light Industrial)
ADDRESS / DESCRIPTION: South Rosemont Road and University Drive
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14857460060000 ROSE HALL 9.373 acres 65 to 70 d6 DNL
403,336.56 SF Sub Area 3
SUMMARY OF REQUEST
The applicant proposes to rezone the existing property from R -5D Residential Duplex District and 1-2
Heavy Industrial District to 1-1 Light Industrial District to allow the development of the site for a volunteer
organization dedicated to the care and treatment of children with cleft lip, cleft palate and other facial
deformities.
The volunteer organization known as Operation Smile proposes to establish its new global headquarters
on this site, locking the organization into a secure future as one of the world's leading volunteer children's
charities. The new headquarters will house a center of excellence for all international surgical programs,
cleft treatment and specialty medical training for 5,000 global volunteers, while hosting visiting dignitaries,
medical professionals and students from schools throughout the Commonwealth. The organization will
highlight its public-private partnerships, its commitment to children, and its ability to forge long-term
humanitarian relationships throughout the world.
CITY OF VIRGINIA BEACH (OPERATION SMILE
Agenda Ite, 14
\. t
While operating as a global organization, Operation Smile is and always has been a committed citizen of
the Hampton Roads community. Operation Smile will leverage its new headquarters location in the
Princess Anne Commons Complex to expand existing private — public partnerships. Operation Smile has
many existing educational partnerships with leading institutions and plan to continue the tradition with
Tidewater Community College and the Virginia Beach Higher Education Center.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Property is currently an undeveloped parcel
SURROUNDING LAND North: . Across South Rosemont Road, residential dwellings / R -5D
USE AND ZONING: Residential Duplex District
South: . Across University Drive, TCC Campus / R -5D Residential
Duplex District
East: . SPSA Transfer Station / 1-2 Heavy Industrial District
West: . TCC building currently under construction / R -5D Residential
Duplex District
NATURAL RESOURCE AND The majority of the site is an open field. There are no significant natural
CULTURAL FEATURES: resources or cultural features associated with this site.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site's
location on Rosemont Road is approximately one-fifth of a mile south of Buckner Boulevard and one-quarter
mile north of Concert Drive. The site will have one access point to University Drive and one access point to
South Rosemont Road; the Rosemont Road access point will only be for the building's loading dock and will
be shared with the adjacent property.
The majority of the site's traffic will enter and exit via University Drive, a private street on the Tidewater
Community College and Higher Education Center (Old Dominion and Norfolk State Universities) campuses.
Via the TCC and ODU/NSU campuses, it provides access to four City streets: South Rosemont Road, Concert
Drive, Buckner Boulevard, and Princess Anne Road. Two of these, Buckner Boulevard and South Rosemont
Road, operate over capacity over the course of the day.
South Rosemont Road is a two-lane urban minor arterial. Currently, South Rosemont Road is over capacity
and reaches LOS F. Additionally, in 2008 (the latest year with available data) this segment of Rosemont Road
had the 32nd highest crash rank of all arterial segments in the City. The 2004 Master Transportation Plan Map
shows Rosemont Road as a divided roadway with a bikeway in a 100 -foot right-of-way, but there are no CIP
projects on Rosemont Road. However, CIP Project #2.073.000 Buckner Boulevard Extended is expected to
CITY OF VIRGINIA BEACH (OPERATION S , E) - F�
enda Iten 14
a
P 2 if
Pi
be completed and open to traffic in May. This project, which will complete Buckner Boulevard between South
Rosemont Road and Holland Road, is expected to reduce traffic volumes on South Rosemont Road by
providing an alternate route to the east.
TRAFFIC:
Street Name
Present
Present Capacity
Generated Traffic
Volume
South Rosemont
17,400 ADT
13,100 ADT (Level of
Existing Zoning —
Road
(2010)
Service "E")
860 ADT
66 AM Peak Hour Trips
University Drive
Unknown
9,900 ADT (Level of
Service "D")
89 PM Peak Hour Trips
Proposed Land Use —
604 ADT
103 AM Peak Hour Trips
101 PM Peak Hour Tris
Average Daily Trips
2 as defined by 9.373 acres zoned R -5D
3 as defined by corporate headquarters w/ 186 employees
WATER: This site must connect to City water. There is a 20 -inch City water main in South Rosemont Road.
SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #572 and the sanitary sewer
collection system is required to determine if future flows can be accommodated. There is an 8 -inch City gravity
sanitary sewer in South Rosemont Road.
FIRE: No Fire Department comments at this time.
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request with the submitted proffers. The proffers are provided below.
Comprehensive Plan:
The existing land uses in North Princess Anne Commons comprise an array of public and private
activities including recreational, entertainment, medical, educational, office, and retail. As a prominent
'Placemaker' in the City, this area not only serves as a principal gateway to the Virginia Beach Municipal
Center and court complex, it has become a premier destination offering the public a wide range of special
events and services (pp 4-4,5).
General recommendations for this area include continuing the theme of villages of academic institutions,
medical, recreational and entertainment. Ensure well planned high quality economic development
opportunities that promote these villages are developed (page 4-5).
The site is adjacent to the suburban area. The suburban design guidelines declare that where compatible
land uses adjoin one another, access from the internal circulation system to surrounding properties
i
CITY OF VIRGINIA BEACH (OPERATION S
iAgenda Its
F
VIE)
a13
should be provided (p B-7). Additionally, materials used on structures should be long lasting, attractive
and high quality (p B-13).
Evaluation;
This proposal is in conformance with the Comprehensive Plan's recommendations for this area. This
proposal meets the goals of the Comprehensive Plan's suburban design guidelines by connecting with a
Tidewater Community College parking area and using long lasting attractive, high quality building
materials. The exterior of this proposed facility incorporates brick with brick or precast concrete accents,
metal panel system and tinted glazing. The proposed facility and site will be developed utilizing LEED
(Leadership in Energy and Environmental Design) criteria.
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:
The Property is to be developed, improved, owned and used by a non-profit organization, initially Operation
Smile consistent with this non -profit's mission and the applicable Dedication and Development Agreements
with the City related thereto as amended and in force from time to time, including without limitation, one or
more office and warehouse building(s) containing among other things, offices, warehouse/distribution space,
educational /media/communication facilities, multipurpose space, employee cafeteria, medical research lab,
in-house pharmacy, employee childcare center, and other accessory uses consistent with the evolving
mission of such non-profit.
PROFFER 2:
The Property shall be developed in substantial conformity with the conceptual site plan entitled "Operations
Smile Global Headquarters Site Plan" dated 01 April 2010, prepared by Vanasse Hangen Brustlin, Inc.,
Clark Nexsen and Hourigan Construction, which has been exhibited to the Virginia Beach City Council and is
on file with the Virginia Beach Department of Planning.
PROFFER 3:
The Property when developed shall be in substantial conformity with the elevation entitled "Operations Smile
Global Headquarters Building Elevation" dated 01 April 2010, prepared by Vanasse Hangen Brustlin, Inc.,
Clark Nexsen and Hourigan Construction, which has been exhibited to the Virginia Beach City Council and is
on file with the Virginia Beach Department of Planning.
PROFFER 4:
All building:; and structures constructed on the Property shall be designed in a manner complementary with
the Princess Anne Commons Design Guidelines.
PROFFER 5:
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
r "
!r
CITY OF VIRGINIA BEACH (OPERATION SME)
i4enda IteiiU
PA 4
property shall be enclosed on four sides with appropriately sized parapet walls to screen equipment.
PROFFER 6:
Building mounted signs shall be reviewed prior to building plan approval by the Planning Director or his
designee.
PROFFER 7:
All exterior dumpster areas shall be screened utilizing materials and colors that are compatible with the
primary structures exterior.
PROFFER 8:
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 site plan for review by City staff.
PROFFER 9:
Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and
administration of applicable City Codes by all cognizant City agencies and departments to meet all
applicable City Code requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the
project.
The City Attorney's Office has reviewed the proffer agreement dated April 20, 2010, 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 and
Standards. Any site plan submitted with this change of zoning application may require revision during
detailed site plan review to meet all applicable City Codes and Standards. All applicable permits
required by the City Code, including those administered by the Department of Planning / Development
Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a
Certificate of Occupancy, are required before any uses allowed by this change of zoning are valid.
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.
f.
CITY OF VIRGINIA BEACH (OPERATION SM E
iAyenda Ite 14
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PROPOSED BUILDING ELEVATIONS
CITY OF VIRGINIA BEACH (OPERATION SMILE)
-,Agenda (tett 14
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COMPATIBLE EXISTING FACILITIES
CITY OF VIRGINIA BEACH (OPERATION SMO -E)
Agenda Item 14
Plage 9
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COMPATIBLE EXISTING FACILITIES
CITY OF VIRGINIA BEACH (OPERATION SMO -E)
Agenda Item 14
Plage 9
1 07/03/92 I Rezoning from R -51D to 0-1 1 Granted
ZONING HISTORY
CITY OF VIRGINIA BEACH (OPERATION SMILE)
Agenda Item 14
Page 10
E
SCLOSURE 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 N necessary)
City of Virginia Beach
2. List all businesses that have a parent -subsidiary' or affiliated business entity
relationship with the applicant: (Attach fist if necessary)
❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only ff property owner is ditrent 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)
City of Virginia Beach
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.
& 7 See next pays for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes M No _a
If yes, what is the name of the official or employee and the nature of their interest?
COAL "I Rez-ft MFC"-
Page t 1 of 12
ReAed 111162M
CITY OF VIRGINIA BEACH (OPERATION
,Agenda
)MILE)
terns -14
3ge_1
DISCLOSURE STATEMENT
o
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 provklers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
On behalf of Operation Smile:
Hourigan Construction Corp. (DesignBuOder)
Clark-Nexsen Architecture & Engineering (Architect/Engineer)
Vanasse Hangen Bfudin (VHB) Inc. (Civil Engineer)
Kaufman & Canoles, PC (Attorney)
' "Parent -subsidiary relationship" mans "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 "Af6lieled business an* relationship" means "a relationship, other than parent -
subsidiary relationshipthat exists when () one business entity has a controlling ownership
Interest in the other business entity. (i) a controlling owner in one entity is also a controlling
owner In the other entity. or (iii) Mere is shared management or control between the business
entities. Factors that should be considered in deterrrun ing the existence of an affiliated
business entity relationship Include that the same person or substantially the same person
own or manage the two entities; Mere are common or commingled finds 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 Mere is otherwise a dose wonting relationship
between the entities.' See State and Local Government Conflict of interests Act, Va. Code §
2.2-3101.
CERTIFICATION: 1 cerffy that the Irtonnation contained herem is true and accun te.
I understand that, upon} receipt of notification (posicert) lhat the bion has been scheduled for
public hearing, I am responsWe for obtaining end posing the required sign on the subject property at
least 30 days prior to @re se w&ded ptd>ifc hearing arxor*V to the inMrucdons in this pads. The
undersigned also Comets to entry upon the subject property by employees of the Department of
Planning to M togreph and view Me site for purposes of processing and evaluating Us application.
Appk wWs Signature Print Name
�ttiw,�s k . smO s
Print Nems
COMMM e1 Remi APP
Page 12 of U
meed Tarmo?
Item #14
City of Virginia Beach
Change of Zoning District Classification
Southwest side of South Rosemont Road, 330 Feet West of Concert Drive
District 3
Rose Hall
June 9, 2010
CONSENT
Janice Anderson: The next item is agenda item 14. Again, the applicant is the City of Virginia
Beach. This is for a change of zoning from R-51) Residential Duplex District and I-2 Heavy
Industrial District to a Conditional I-1 Light Industrial District on the southwest side of South
Rosemont Road, Rose Hall. Is there any opposition to this matter being placed on the consent
agenda? Seeing none, the Chairman has asked Chris Felton to review this application. Thank
you.
Christopher Felton: The applicant is on South Rosemont Road and University Drive. And it is
to allow the development of the site for a volunteer organization dedicated to the care and
treatment of children with cleft lip; cleft palate and other facial deformities. The volunteer
organization otherwise known as "Operation Smile" proposes to establish its new global
headquarters on this site, locking the organization into a secure future as one of the world's
leading volunteer children's charities. The new headquarters will house a center of excellence
for all international surgical programs, cleft treatment and specifically medical training for 5,000
global volunteers, while hosting visiting dignitaries, medical professionals and students from
schools throughout the Commonwealth. We've reviewed the application, and it does meet all the
requirements. And, there is no opposition. Staff has recommended it for approval, and we
concur. Thank you.
Janice Anderson: Thank you Chris. Yes? Jack.
Jack Whitney: Ms. Anderson, on behalf of the applicant, the City of Virginia Beach, we've
obviously reviewed the proffers, we are in full support and concurrence of it. I might add how
proud we are and excited about Operation Smile creating their international headquarters here. It
is going to be a very, very welcome addition to Princess Anne Commons, and part of the vision
that you and the Council, the community, Tidewater Community College, and others have had
for this area. And, it is one outstanding addition towards that ultimate vision. So, we're very
excited about it.
Janice Anderson: Thank you very much for those comments. I have a motion to approve agenda
item 14.
Joseph Strange: Do I have a second?
Phil Russo: Second
Item #14
City of Virginia
Beach
Page 2
Joseph Strange:
A motion has been made by Commissioner Anderson for approval of the
consent agenda item and seconded by Commissioner Russo.
AYE 9 NAY 0 ABS 0 ABSENT 2
ANDERSON
AYE
BERNAS
ABSENT
FELTON
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
ABSENT
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
Ed Weeden: By
a vote of 9-0, the Board has approved item for consent.
In Reply Refer To Our File No. DF -7731
TO: Mark D. Y Stiles
��j
FROM: B. Ka Wilso(r�`w
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: June 24, 2010
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; City of Virginia Beach — Operation Smile
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on July 6, 2010. 1 have reviewed the subject proffer agreement, dated April
20, 2010 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/ka
Enclosure
cc: Kathleen Hassen %,,
PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS
CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of
Virginia TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a Municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this day of R , 2010, by and between
THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia, party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, party of the second part,
Grantee.
WITNESETH:
WHEREAS, the Grantor is the owner of that certain parcel of property located in
the Princess Arne District of the City of Virginia Beach, containing approximately 9.373
acres and described in Exhibit "A" attached hereto and incorporated herein by this
reference (the "Property"); and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to
change the Zoning Classification of the Property from R -5D, Residential Duplex, and I-
2, Heavy Industrial District to Conditional 1-1 Light Industrial District.
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
GPIN: 1485-74-6006
Office of the City Attorney
Municipal Center, Building 1
2401 Courthouse Drive Room 260
Virginia Beach, Virginia 23456-9004
1
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to
recognize the effects of change that will be created by the Grantors' proposed rezoning,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned are needed to
resolve the situation to which the Grantors' rezoning application gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to
the Zoning Map with respect to the Property, the following reasonable conditions related
to the physical development, operation, and use of the Property to be adopted as a part
of said amendment to the Zoning Map relative and applicable to the Property, which has
a reasonable relation to the rezoning and the need for which is generated by the
rezoning.
NOW, THEREFORE, the Grantors, their successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any
element of compulsion or quid proucuoo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following declaration of conditions and
restrictions which shall restrict and govern the physical development, operation, and use
of the Property and hereby covenant and agree that this declaration shall constitute
covenants running with the Property, which shall be binding upon the Property and upon
all parties and persons claiming under or through the Grantors, their successors,
personal representatives, assigns, grantees, and other successors in interest or title:
1. The Property is to be developed, improved, owned and used by a non-
profit organization, initially Operation Smile consistent with this non -profit's mission and
the applicable Dedication and Development Agreements with the City related thereto as
amended and in force from time to time, including without limitation, one or more office
and warehouse building(s) containing among other things, offices,
warehouse/distribution space, educational/media/communication facilities, multipurpose
space, employee cafeteria, medical research lab, in-house pharmacy, employee
childcare center, and other accessory uses consistent with the evolving mission of such
non-profit.
2. The Property shall be developed in substantial conformity with the
conceptual site plan entitled "Operations Smile Global Headquarters Site Plan" dated 01
April 2010, prepared by Vanasse Hangen Brustlin, Inc., Clark Nexsen and Hourigan
Construction, which has been exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning.
3. The Property when developed shall be in substantial conformity with the
elevation entitled "Operations Smile Global Headquarters Building Elevation" dated 01
April 2010, prepared by Vanasse Hangen Brustlin, Inc., Clark Nexsen and Hourigan
Construction, which has been exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning.
4. All buildings and structures constructed on the Property shall be designed
in a manner complementary with the Princess Anne Commons Design Guidelines.
3
5. 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 equipment.
6. Building mounted signs shall be reviewed prior to building plan approval
by the Planning Director or his designee.
7. All exterior dumpster areas shall be screened utilizing materials and colors
that are compatible with the primary structures exterior.
8. 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 site plan
for review by City staff.
9. Further conditions may be required by the Grantee during detailed Site
Plan and/or Subdivision review and administration of applicable City Codes by all
cognizant City agencies and departments to meet all applicable City Code
requirements.
All references hereinabove to the .l-1 Industrial District and to the requirements
and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of
approval of this Agreement by City Council, which are by this reference incorporated
herein.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning of
4 -
the Property and specifically repeals such conditions. Such conditions and uses shall
continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by
the record owner of the Property at the time or recordation of such instrument, provided
that said instrument is consented to by the Grantee in writing as evidence by a certified
copy of an ordinance or a resolution adopted by the governing body of the Grantee,
after a public hearing before the Grantee which was advertised pursuant to the
provisions of SSection 15.2-2204 of the Code of Virginia, 1950, as amended. Said
ordinance or resolution shall be recorded along with said instrument as conclusive
evidence of such consent, and if not so recorded, said instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any noncompliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
5
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant
to these provisions, the Grantors shall petition the governing body for the review thereof
prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and
the conditions may be made readily available and accessible for public inspection in the
office of the Zoning Administrator and in the Planning Department, and they shall be
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,
and indexed in the names of the Grantors and Grantee.
WITNESS the following signature and seal:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
Grantor:
City of Virginia Beach, a municipal corporation
of the Commonwealth of Virginia
B . r L (SEAL)
T e foregoing instrument was acknowledged before me this day of
I , 2010, by(� , Gra tor, who is personally known to me.
NotaryPubl c
My Commission Expires:
Registration No.:
31
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r►ti•ir.�4�rw�ire,
ATTEST:
114mmml 0
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
T e foregoing instru nt was ac owledged before me this grayf
2010, by Z �wh is person ty known to me.
Notary Pu is
My Commission Expires:
Registration No.:
APPROVED AS TO LEGAL
SUFFICIENCY,— _.
City Attorney
7
AWAI WWff WF-
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• 32"16
EXHIBIT A
All that certain lot, tract or parcel of land together with improvements thereon
situate, lying and being in the City of Virginia Beach, Virginia, and designated
and described as "PARCEL D-2 AREA=408,309 SQ. FT OR 9.373 ACRES GPIN
1485-74-6006", as shown on that certain plat entitled SUBDIVISION OF
PARCEL 1, SUBDIVISION OF PARCEL 1, BEING A SUBDIVISION OF A PART
OF PARCEL B AS SHOWN ON PLAT OF GREEN RUN FARM (M.B. 254, P.74-
75) AND PARCEL 2, SUBDIVISION PLAT OF REMAINING PORTION OF
PARCEL B PLAT OF GREEN RUN FARM PROPERTY OF THE CITY OF
VIRGINIA BEACH (INSTR. NO. 200305210079014) AND PARCEL D,
PHYSICAL SURVEY OF PARCEL C & PARCEL D PROPERTY OF
BAYMARK CONSTRUCTION CORPORATION (INSTR. NO. 200212233084276)
VIRGINIA BEACH, VIRGINIA" Scale: 1"= 100', dated August 20, 2007, prepared
by Rouse-Sirine Associates, LTD., which plat is recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number
20081223001441200, to which reference is made for a more particular
description.
IT BEING a portion of the same property conveyed to the City of Virginia Beach,
a municipal corporation by deed from Baymark Construction Corporation, a
Virginia corporation, dated December 17, 2002 and recorded December 23, 2002
in the aforesaid Clerk's Office as Instrument No. 2002122300842770.
and
IT BEING a portion of the same property conveyed to the City of Virginia Beach,
a municipal corporation by deed from Old Dominion University Real Estate
Foundation, a Virginia not for profit corporation, dated June 26, 2009 and
recorded July 7, 2009 in the aforesaid Clerk's Office as Instrument No.
20090707000776700, and Correction Deed recorded as Instrument No.
20090717000826650.
Nw�
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to amend the Comprehensive Plan by adopting the Newtown
Strategic Growth Area Master Plan, April 2010.
MEETING DATE: July 6, 2010
■ Background:
In October 2009, the City began a planning study for the development of a
master plan for the Newtown Strategic Growth Area. The study was conducted
through a public planning process that involved residents, business owners,
interested citizens, property owners, and public officials from multiple jurisdictions
including the City of Virginia Beach, City of Norfolk, Virginia Department of
Transportation (VDOT), and Hampton Roads Transit (HRT). A major component
of this planning process involved working with the residents and property owners
in the Newtown area to arrive at a series of public improvements and strategies
for development that capitalize on public investment.
■ Considerations:
The result of the process is the Newtown Strategic Growth Area Master Plan.
The plan provides recommendations regarding land use, stormwater
management, roadway and trail configuration, roadway cross-sections, urban
design framework, building design, and other components vital to a healthy urban
place. The attached amendments revise the Comprehensive Plan to provide the
recommendations of the Newtown SGA Master Plan and to direct the reader to
the Comprehensive Plan's online Document Library for a full copy of the plan.
There was no opposition to the request.
■ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 9-0, to recommend approval of this amendment to
the City Council.
■ Attachments:
Staff Review and amendments
Minutes of Planning Commission Hearing
Newtown SGA Plan
Page 2 of 2
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: S�-�:6NWI,
1 AN ORDINANCE TO AMEND THE COMPREHENSIVE
2 PLAN BY ADOPTING THE NEWTOWN STRATEGIC
3 GROWTH AREA MASTER PLAN AND REVISING
4 CHAPTER TWO OF THE COMPREHENSIVE PLAN
5 POLICY DOCUMENT REGARDING STRATEGIC GROWTH
6 AREA 3 (NEWTOWN AREA)
7
8 WHEREAS, the public necessity, convenience, general welfare and good zoning
9 practice so require;
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is,
15 amended and reordained by:
16
17 1. The adoption of the Newtown Strategic Growth Area Master Plan, April
18 2010. Such document is made a part hereof, having been exhibited to the City Council
19 and on file in the Department of Planning; and
20
21 2 The revision of Chapter Two of the Policy Document, pertaining to
22 Strategic Growth Area 3 (Newtown Area), as shown on the attached document entitled
23 "Comprehensive Plan Policy Document Revisions, Strategic Growth Area 3 (Newtown
24 Area), May 2010."
25
26 COMMENT
27
28 The ordinance amends the Comprehensive Plan by the adoption of the Newtown Strategic
29 Growth Area Master Plan. The current provisions of the Plan pertaining to Strategic Growth Area
30 3 (Newtown Area) are revised to correctly reflect the adoption of the Master Plan.
31
32 Adopted by the Council of the City of Virginia Beach, Virginia, on this
33 day of , 2010.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFIC ENCY:
j
Plannii apartment diy7 Attorney's Office
CA11522
R-3
May 18, 2010
10
June 9, 2010 Public Hearing
CITY OF VIRGINIA BEACH
AMENDMENT TO COMPREHENSIVE
PLAN - NEWTOWN SGA
REQUEST:
An Ordinance to amend the Comprehensive Plan by adopting the Newtown Strategic Growth Area Master
Plan, April 2010.
SUMMARY OF AMENDMENT
In October 2009, the City began a planning study for the development of a master plan for the Newtown
Strategic Growth Area. The study was conducted through a public planning process that involved
residents, business owners, interested citizens, property owners, and public officials from multiple
jurisdictions including the City of Virginia Beach, City of Norfolk, Virginia Department of Transportation
(VDOT), and Hampton Roads Transit (HRT). A major component of this planning process involved
working with the residents and property owners in the Newtown area to arrive at a series of public
improvements and strategies for development that capitalize on public investment.
The result of the process is the Newtown Strategic Growth Area Master Plan. The plan provides
recommendations regarding land use, stormwater management, roadway and trail configuration, roadway
cross-sections, urban design framework, building design, and other components vital to a healthy urban
place. The attached amendments revise the Comprehensive Plan to provide the recommendations of the
Newtown SGA, Master Plan and to direct the reader to the Comprehensive Plan's online Document
Library for a full copy of the plan.
RECOMMENDATION
The Newtown Strategic Growth Area Master Plan is the result of an extensive public participation process
involving property owners, residents in the area, and other stakeholders. The plan provides the guidance
needed to assist in the transformation of Newtown into one of the city's primary nodes where a cohesive
mix of uses work together to support future growth for the city.
Staff recommends adoption of the amendments to the Comprehensive Plan.
E
CITY OF VIRGINIA BEACH — NEWTOWN SGA
=Agenda Item 10
Page 1
1 AN ORDINANCE TO AMEND THE COMPREHENSIVE
2 PLAN BY ADOPTING THE NEWTOWN STRATEGIC
3 GROWTH AREA MASTER PLAN AND REVISING
4 CHAPTER TWO OF THE COMPREHENSIVE PLAN
5 POLICY DOCUMENT REGARDING STRATEGIC GROWTH
6 AREA 3 (NEWTOWN AREA)
7
8 WHEREAS, the public necessity, convenience, general welfare and good zoning
9 practice so require;
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is,
15 amended and reordained by:
16
17 1. The adoption of the Newtown Strategic Growth Area Master Plan, April
18 2010. Such document is made a part hereof, having been exhibited to the City Council
19 and on file in the Department of Planning; and
20
21 2 The revision of Chapter Two of the Policy Document, pertaining to
22 Strategic Growth Area 3 (Newtown Area), as shown on the attached document entitled
23 "Comprehensive Plan Policy Document Revisions, Strategic Growth Area 3 (Newtown
24 Area), May 2010."
25
26 COMMENT
27
28 The ordinance amends the Comprehensive Plan by the adoption of the Newtown Strategic
29 Growth Area Master Plan. The current provisions of the PIan pertaining to Strategic Growth Area
30 3 (Newtown Area) are revised to correctly reflect the adoption of the Master Plan.
31
32 Adopted by the Council of the City of Virginia Beach, Virginia, on this
33 day of , 2010.
APPROVED AS TO CONTENT:
CA11522
R-3
May 18, 2010
APPROVED AS TO LEGAL SUFFIC ENCY:
Ci Attorney's Office
Comprehensive Plan Policy Document Revisions
Strategic Growth Area 3 (Newtown Area)
May 2010
(Page 2-12, Police Document: Text to be deleted is shown as sigh. Text to be added is
underlined.)
Newtown Area
Rendes Implementation Plan
In October 2009, :he City began the planning study for the
_The City 06 GUFFeRtly eRgaged in the
development of a Newtown Strategic Growth Area knplemeRtati Master Plan for this Strategic Growth
Area. The study was prepared with a public planning process that involved residents business owners
interested citizens,, property owners, and public officials from multiple jurisdictions including the City of
Virginia Beach. City of Norfolk Virginia Department of Transportation (VDOT) and Hampton Roads
Transit (HRT). A rnaoor component of this planning process involved working with the residents and
Property owners in the Newtown area to arrive at a series of public improvements and strategies for
development that capitalize ort public investments in transit and highways The process confirmed that
redevelopment within the study area will yield great opportunities for job creation residential living
improved public amenities and growth of the citv's tax base.
i
i
Perspective of the Newtown Lakefront, lined with varying scales of
office buildings. The lake cffers a premium for quality of setting and
visibility from 1-264.
Recommendations
View of the expanded ECPI Campus with attractive new buildings,
quads, and garden areas.
The full set of recommendations for the Newtown SGA can be found in the Newtown Strategic Growth
Area Master Plan, which is available in the Document Library at www.ourfuturevb.com. The plan
emphasizes that Find uses in the Newtown SGA will transition over time to reflect increased land values
achieved by improved access and proximity to the new light rail station in Norfolk. A new mixed-use
district will emerge. Business and light industrial uses will tolerate noisy areas along 1-264 and take
advantage of high visibility from the interstate. The old Arrowhead Industrial Park, an anomaly today, will
be replaced by a new residential neighborhood, consistent with existing adjacent residential areas.
Workforce housincl will be integrated into these neighborhoods. Neighborhood retail will be located along
Princess Anne Road, adjacent to a future transit stop and residential neighborhoods. A new campus will
be developed for E:CPI and new parks and trails will be created to take advantage of the existing lakes.
Each of these key development initiatives is described in detail in the full plan document.
The Newtown SGA Master Plan has eleven guiding recommendations for development of the area:
1 Reinforce the Newtown site as the "Gateway' into Virginia Beach
2 Create interconnected pedestrian and street frameworks
3 Build parks and open spaces throughout the site
4 Build mixed-use, mixed -income, transit -oriented development
5 Strengthen education and training institutions in the district
6 Build at a compatible scale next to existing neighborhoods
7 Extend a bicycle and trail system through the site
8 Celebrate light rail as a centerpiece in a gateway public space
9 Develop a shared parking strategy
10 Coordinate transportation improvements including Light Rail, Newtown Road, the
Greenwich/Cleveland Flyover, and 1-264 access/widening
11 Develop design guidelines for the district
j.M
Until the plan feF this aFea is adopted, the fOIIGW*Rg FeGommendations apply to thi6 SGA.
go-th of 1-264
Pi
Item #10
City of Virginia Beach
An ordinance to amend the Comprehensive Plan by adopting the
Newtown Strategic Growth Area Master Plan, April 2010
June 9, 2010
CONSENT
Janice Anderson: One of the biggest ones we have today is agenda item 10, an application of the
City of Virginia Beach. It is an ordinance to amend the Comprehensive Plan by adopting the
Newtown Strategic Growth Area Master Plan. Thank you Ms. Lasley.
Karen Lasley: Thank you. I just have a couple of comments. The Newtown Strategic Growth
Area Plan has been a very positive planning process with a lot of great participation from both
residents in the area, and from the businesses in the area. Chartway, ECPI, and several motels
within this strategic growth area have very exciting development plans. Most of them have been
incorporated into this growth plan. I also want to recognize Eric Anderson, who is here today, a
member of the business community. He owns a business within the strategic growth area, and he
has been to every meeting we've had, and he is our most active, positive, and loyal participant.
We appreciate him being here today. Carolyn Smith and I found this to be an especially exciting
strategic growth area to work in because no matter what Virginia Beach decides to do about light
rail, there is definitely a light rail station being built by Norfolk immediately adjacent to this
strategic growth area. So, this is Virginia Beach's first opportunity to plan for transit oriented
development, and that has been reflected in this plan. I want to -thank you Commissioner Livas
for your participation. You've been to a lot of meetings. We appreciate your support, so unless
you have any questions?
Janice Anderson: Are there any questions of Karen? Go ahead Ron.
Ronald Ripley: Not a question just a comment. I think you did a great job too. This is a very
complex topic to take on, an area that had developed over time, and to try to work within the
infrastructure that you had there. I think you've done a terrific job. I know you had some
controversy down at one end of the property, and I think the people that own property down
there have a different point of view then perhaps the plan envisions. So, it is a plan, and things
may evolve in the future over a long period of time. Who knows which way they will go, but I
think you've done the best you can with what you have. And it seems like you satisfied residents
and others.
Karen Lasley: Almost everybody.
Ronald Ripley: But I think the connectivity that you've designed into the plan, and the mixed
use elements that you have in there. I think you've done a terrific job.
Janice Anderson: Thank you. Is there any opposition to agenda 10 being placed on the consent
agenda? I have a motion to approve agenda item 10.
Item #10
City of Virginia
Beach — Newtown SGA
Page 2
Joseph Strange:
Do I have a second?
Phil Russo: Second
Joseph Strange:
A motion has been made by Commissioner Anderson for approval of the
consent agenda item and seconded by Commissioner Russo.
AYE 9 NAY 0 ABS 0 ABSENT 2
ANDERSON
AYE
BERNAS
ABSENT
FELTON
AYE
HENLEY
AYE
HORSLEY
AYE
KATSIAS
ABSENT
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
Ed Weeden: By a vote of 9-0, the Board has approved item 10 for consent.
APPOINTMENTS
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