FEBRUARY 8, 2011 AGENDACITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., At -Large
VICE MAYOR LOUIS R. JONES, Bayside -District 4
RITA SWEET BELLITTO, At -Large
GLENN R. DAVIS, Rose Hall - District 3
WILLIAM R. DeS7EPH, At -Large
HARRY E. DIEZEL, Kempsville -District 2
ROBERTM. DYER, Centerville - District I
BARBARA M 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 ATTORNEY -- MARK D. STILES
CITY ASSESSOR - JERALD D. BANAGAN
CITY AUDITOR - LYNDON S. REMIAS
CITY CLERK- RUTH HODGES FRASER, MMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
8 February 2011
CITYHALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (75 7) 385-5669
E-MAIL: Clycncl@vhgov.com
I. CITY MANAGER'S BRIEFING - Conference Room - 3:30 PM
A. WASTE MANAGEMENT PROGRAM
Dave Hansen, Deputy City Manager
II. CITY COUNCIL DISCUSSION
A. FUNDING: Virginia Beach City Public Schools
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. CITY COUNCIL AGENDA REVIEW
VI. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER — Vice Mayor Louis R. Jones
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
5:30 PM
VII. FORMAL SESSION - City Council Chamber - 6:00 PM
A. CALL TO ORDER — Vice Mayor Louis R. Jones
B. INVOCATION: Reverend Jim "Pastor Bubba" Pugh
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
G. FORMAL SESSION AGENDA
H. PUBLIC HEARING
1. LEASE OF CITY PROPERTY — deWitt Cottage
1113 Atlantic Avenue
I. CONSENT AGENDA
J. ORDINANCES
January 25, 2011
1. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease renewal with Back Bay
Wildfowl Guild for the deWitt Cottage at 1113 Atlantic Avenue (DISTRICT 6 — BEACH)
2. Ordinance to AMEND the FY 2010-11 Operating Budget, AUTHORIZE various transfers and
appropriations within the Federal Housing Assistance Grant Fund of the Department of
Housing and Neighborhood Preservation and AMEND the current "Annual Funding Plan for the
Use of Federal Funds".
K. PLANNING
1. Application of ROBERT L. NELSON and BARBARA N. GRAY T/A WEST LANDING
MARINE for Modification of Condition No. 5 to allow launching of personal watercraft at
2748 West Landing Road (DISTRICT 7 - PRINCESS ANNE)
APPLICANT REQUESTS DEFERRAL
2. Applications of GMJ INVESTMENTS, LLC/WIZARD SERVICES, INC. at 300 and 301
Centre Point Drive (DISTRICT 2 — KEMPSVILLE)
a. Modification of Proffers Nos. 1 and 2 to allow private colleges and universities (approved
by City Council on June 19, 1994)
b. Request for Conditional Use Permit to allow private colleges and universities
RECOMMENDATION APPROVAL
3. Application of TAILWIND DEVELOPMENT GROUP, LLC/CITY OF VIRGINIA
BEACH for a Change of Zoninjz from PD -H1 Planned Unit Development to 0-2 Office at
Independence Boulevard and Princess Anne Road (DISTRICT 3 — ROSE HALL)
RECOMMENDATION
APPROVAL
4. Resolution to AUTHORIZE the MILITARY AVIATION MUSEUM to erect seven (7)
Roadside Guide Signs along Oceana Boulevard, General Booth Boulevard (DISTRICT 6 —
BEACH) and Princess Anne Road, (DISTRICT 7 — PRINCESS ANNE)
STAFF RECOMMENDATION
APPROVAL OF 3 SIGNS
5. Ordinance to EXTEND the date for BONNEY G. BRIGHT to satisfy Conditions 2, 3 and 4
(approved by City Council on February 9, 2010) for the closure of a portion of Pocahontas Club
Road (DISTRICT 7 — PRINCESS ANNE)
RECOMMENDATION
APPROVAL
6. Ordinance of CITY OF VIRGINIA BEACH to AMEND Section 111 of the City Zoning
Ordinance (CZO) re bar and nightclub requirements
RECOMMENDATION
L. APPOINTMENTS
BOARD OF ZONING APPEALS
COMMUNITY MEDICAL ADVISORY COMMISSION
ENERGY ADVISORY COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
RESORT ADVISORY COMMISSION
TIDEWATER YOUTH SERVICES COMMISSION
APPROVAL
M.
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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
FY 2011-2012 RESOURCE MANAGEMENT PLAN
"BUDGET"
March 15
School Board votes on School Budget
March 29
City Manager presents Proposed Budget to City Council
April 6
Open House - (Convention Center)
April 21
Public Hearing (Green Run High School)
April 26
Public Hearing (Council Chamber)
May 3
Reconciliation Workshop (Conference Room 234)
May 10
Adoption
I. CITY MANAGER'S BRIEFING - Conference Room - 3:30 PM
A. WASTE MANAGEMENT PROGRAM
Dave Hansen, Deputy City Manager
II. CITY COUNCIL DISCUSSION
A. FUNDING: Virginia Beach City Public Schools
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. CITY COUNCIL AGENDA REVIEW
VI. INFORMAL SESSION - Conference Room - 5:30 PM
A. CALL TO ORDER — Vice Mayor Louis R. Jones
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION - City Council Chamber - 6:00 PM
A. CALL TO ORDER — Vice Mayor Louis R. Jones
B. INVOCATION: Reverend Jim "Pastor Bubba" Pugh
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 January 25, 2011
G. FORMAL SESSION AGENDA
H. PUBLIC HEARING
1. LEASE OF CITY PROPERTY — deWitt Cottage
1113 Atlantic Avenue
PUBLIC HEARING
LEASE OF CITY PROPERTY
The Virginia Beach City Council will
hold a PUBLIC HEARING on the
proposed leasing of City -owned
property on Tuesday, February 8,
2011, at 6:00 p.m., in the Council
Chamber of the City Hall Building
(Building #1) at the Virginia Beach
Municipal Center, Virginia Beach,
Virginia. The purpose of this Hearing
will be to obtain public comment on
the City's proposal to lease the
following property.
Building located at
1113 Atlantic Avenue,
Virginia Beach, Virginia
If you are physically disabled or
visually impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 385.
4303; Hearing impaired, call Va
Relay only 711.
Any questions concerning this matter
should be directed to Barry Shockley,
Facilities Manager, Department of
Public Works - Facilities
Management Office, Room 228,
Building 18, at the Virginia Beach
Municipal Center. The Facilities
Management Office telephone
number is (757)385-5659, hearing
impaired call Virginia Relay at 711.
Email bshockle@vbgov.aorn.
Ruth Hodges Fraser, MMC
City Clerk
Beacon: Jan. 30, 2011
22168355
CONSENT AGENDA
J. ORDINANCES
1. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease renewal with Back Bay
Wildfowl Guild for the deWitt Cottage at 1113 Atlantic Avenue (DISTRICT 6 — BEACH)
2. Ordinance to AMEND the FY 2010-11 Operating Budget, AUTHORIZE various transfers and
appropriations within the Federal Housing Assistance Grant Fund of the Department of
Housing and Neighborhood Preservation and AMEND the current "Annual Funding Plan for the
Use of Federal Funds".
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Five Years
With Back Bay Wildfowl Guild for City -Owned Property Located at 1113 Atlantic
Avenue, Virginia Beach, Virginia
MEETING DATE: February 8, 2011
■ Background:
The City of Virginia Beach (the "City") acquired the property located at 1113
Atlantic Avenue, Virginia Beach, Virginia (GPIN 2427-25-5317) (the "Premises")
commonly known as the deWitt Cottage (the "Cottage") in 1995 from the Virginia
Beach Foundation.
The City has been leasing the Premises to Back Bay Wildfowl Guild ("Back Bay")
since October 2000. The current lease term expired October 22, 2010. Back
Bay has continued to operate in the Premises and desires to enter into a new
lease for an additional five-year period.
■ Considerations:
Both the City and Back Bay are dedicated to preserving the historic nature of
the Cottage and operating the Cottage in a manner that complements the City's
historic culture. Activities conducted by Back Bay at the Premises include
wildfowl exhibits and related special events, receptions and meetings, operation
of a gift shop and the exhibition of furnishings and other items which are intended
to preserve the historic nature of the Cottage.
This lease would be for a term of five years commencing on October 23, 2010
and expiring October 22, 2015. The City would have a sixty-day (60) termination
clause in the event the City needs the Premises prior to the termination of the
lease.
■ Public Information:
Advertisement of Public Hearing in The Virginian -Pilot
Advertisement of City Council Agenda
■ Alternatives:
Approve Lease, change conditions of the Lease, or deny leasing of the
Premises.
■ Recommendations: Approval
■ Attachments: Ordinance
Summary of Terms
Location map
Recommended Action: Approval
Submitting Department/Agency: Public Works / Facilities M agement '
City Manager: 5 I/, .� u(K
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE FOR FIVE
YEARS WITH BACK BAY WILDFOWL GUILD FOR
CITY -OWNED PROPERTY LOCATED AT 1113
ATLANTIC AVENUE, VIRGINIA BEACH, VIRGINIA
WHEREAS, the City of Virginia Beach (the "City") acquired the deWitt
Cottage property located at 1113 Atlantic Avenue (the "Property") from the
Virginia Beach Foundation on September 28, 1995;
WHEREAS, the City has been leasing the Property to the Back Bay
Wildfowl Guild ("Back Bay") since October 2000;
WHEREAS, the current lease term expired on October 22, 2010;
WHEREAS, Back Bay has continued to operate in the Property and
desires to enter into a new formal lease agreement with the City for the Property;
WHEREAS, City staff has determined that it is in the best interest of the
City, its citizens and its visitors that Back Bay continue to use the Property
consistent with the City's mission to preserve the historic nature of the Property;
and
WHEREAS, the Property would be utilized for purposes which
complement the general level of culture of the City of Virginia Beach, including
wildfowl exhibits and related special events, meetings and receptions, operation
of a gift shop, and exhibiting furnishings and other items which are intended to
preserve the historic nature of the Property.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a lease for the term
of five years, between Back Bay Wildfowl Guild and the City for the property
located at 1113 Atlantic Avenue, in Virginia Beach, in accordance with the
Summary of Terms attached hereto and made a part hereof, and such other
terms and conditions deemed necessary and sufficient by the City Manager and
in a form deemed satisfactory by the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of , 2011.
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
t kk&
City Attorney
APPROVED AS TO CONTENT
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Public WoKs- / Facilitieg Management
CA11682
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R-1
January 28, 2011
SUMMARY OF TERMS
Lease of City -owned Property known as the deWitt Cottage
located at 1113 Atlantic Avenue, Virginia Beach, Virginia
LESSOR: City of Virginia Beach
LESSEE: Back Bay Wildfowl Guild
PREMISES: 1113 Atlantic Avenue, Virginia Beach, Virginia
(GPIN 2427-25-5317)
TERM: 60 months: October 23, 2010 through October 22, 2015
RENT: $1.00 annually
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use Premises for operation and activities that preserve the historic nature of
the deWitt Cottage and in a manner that complements the City's historic
culture.
• The Premises must remain open to the general public for at least 120 days
and for a total of at least 1,000 hours per year.
• Provide general housekeeping services.
• Purchase commercial general liability insurance with limits not less than
$1,000,000 combined single limit (CSL).
RIGHTS AND RESPONSIBILITIES OF CITY:
• Maintain the Premises in good condition and repair, including all buildings and
improvements, sidewalks and landscaping.
• Provide payment for all utility costs and fees as they pertain to electricity,
heating, fuel, water, sewer and solid waste collection.
• Retain the right to enter the Premises at any time for emergency repairs.
TERMINATION: City may terminate the Lease by giving sixty (60) days'
advance written notice.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend the FY 2010-11 Operating Budget of the Department of
Housing and Neighborhood Preservation and the FY 2010-11 Annual Funding
Plan for the Use of Federal Funds
MEETING DATE: February8, 2011
■ Background: The Department of Housing and Neighborhood Preservation
(DHNP) manages the "Annual Funding Plan for the Use of Federal Funds." With these
moneys, DHNP operates programs and provides funding to housing programs operated
by non-profit organizations. As part of DHNP's continuing evaluation of program
progress, staff have identified necessary program changes within the Federal Housing
Assistance Grant Fund. Both City policy and Federal regulations require that significant
changes be approved by Council before implementation.
In addition to identified program changes, DHNP has received federal funding in excess
of estimated budgeted amounts and is requesting the appropriation of these sums.
■ Considerations: The attached ordinance requests City Council to authorize
various transfers and appropriations within the Federal Housing Assistance Grant Fund
in the DHNP budget. Additionally, the ordinance will amend the current "Annual
Funding Plan for the Use of Federal Funds." In summary these changes will:
(1) Reallocate funds to programs that are in need of additional funding and/or
progressing well, and away from programs that have less need; and
(2) Appropriate federal revenue that is in excess of previously appropriated
amounts.
A summary of the proposed changes is attached.
■ Public Information: In addition to providing public information through the
normal Council agenda process, a required advertisement notifying the public of these
proposed changes appeared in the Virginian -Pilot on Tuesday, January 25, 2011.
■ Recommendations: Approval of the attached ordinance
■ Attachments: Ordinance; Summary of the Funding Changes
Recommended Action: Approval
Submitting Department/Agency: D r
City Manager \
of Housing and Neighborhood Preservation
1 AN ORDINANCE TO AMEND THE FY 2010-11
2 OPERATING BUDGET OF THE DEPARTMENT OF
3 HOUSING AND NEIGHBORHOOD PRESERVATION
4 AND THE 2010-11 ANNUAL FUNDING PLAN FOR
5 THE USE OF FEDERAL FUNDS
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, THAT:
9
10 (1) The FY 2010-11 Operating Budget of the Department of Housing and
11 Neighborhood is amended by the amounts and purposes set forth below:
12
13 (a) $100,000 of additional revenue is hereby appropriated, with estimated
14 federal revenue increased accordingly, to the Federal Housing Assistance
15 Grant Fund; and
16
17 (b) $962,553 is hereby transferred within the Federal Housing Assistance
18 Grant Fund to maximize the provision of various housing services.
19
20 (2) That the City Manager is hereby authorized and directed, as the executive
21 and administrative head of the City, to submit an amended FY 2011 Annual Funding
22 Plan adopted by City Council on May 11, 2010 and amendments thereto, along with
23 understandings and assurances contained therein and such additional information as
24 may be required, to the Department of Housing and Urban Development to permit the
25 review, approval, and funding of the FY 2011 Annual Funding Plan.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2011.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
Management Services
CA11786
R-2
January 27, 2011
APPROVED AS TO LEGAL
SUFFICIENCY:
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K. PLANNING
1. Application of ROBERT L. NELSON and BARBARA N. GRAY T/A WEST LANDING
MARINE for Modification of Condition No. 5 to allow launching of personal watercraft at
2748 West Landing Road (DISTRICT 7 - PRINCESS ANNE)
APPLICANT REQUESTS DEFERRAL
2. Applications of GMJ INVESTMENTS, LLC/WIZARD SERVICES, INC. at 300 and 301
Centre Point Drive (DISTRICT 2 — KEMPSVILLE)
a. Modification of Proffers Nos. 1 and 2 to allow private colleges and universities (approved
by City Council on June 19, 1994)
b. Request for Conditional Use Permit to allow private colleges and universities
RECOMMENDATION
APPROVAL
3. Application of TAILWIND DEVELOPMENT GROUP, LLC/CITY OF VIRGINIA
BEACH for a Change of Zoning from PD -H1 Planned Unit Development to 0-2 Office at
Independence Boulevard and Princess Anne Road (DISTRICT 3 — ROSE HALL)
RECOMMENDATION APPROVAL
4. Resolution to AUTHORIZE the MILITARY AVIATION MUSEUM to erect seven (7)
Roadside Guide Signs along Oceana Boulevard, General Booth Boulevard (DISTRICT 6 —
BEACH) and Princess Anne Road, (DISTRICT 7 — PRINCESS ANNE)
STAFF RECOMMENDATION
APPROVAL OF 3 SIGNS
5. Ordinance to EXTEND the date for BONNEY G. BRIGHT to satisfy Conditions 2, 3 and 4
(approved by City Council on February 9, 2010) for the closure of a portion of Pocahontas Club
Road (DISTRICT 7 — PRINCESS ANNE)
RECOMMENDATION
APPROVAL
6. Ordinance of CITY OF VIRGINIA BEACH to AMEND Section 111 of the City Zoning
Ordinance (CZO) re bar and nightclub requirements
RECOMMENDATION
APPROVAL
NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet
in the Chamber at City Hall,
Municipal Center, 2401 Courthouse
Drive, Tuesday, February 8, 2011, at
6:00 p.m. The following applications
will be heard:
LYNNHAVEN, BEACH AND PRINCESS
ANNE DISTRICTS
Military Aviation Museum Application:
1341 Princess Anne Road, to allow
seven (7) Roadside Guide Signs to be
located in the public right-of-way
along First Colonial Road, Oceana
Boulevard, General Booth Boulevard,
and Princess Anne Road in
accordance with Section 211.1 of the
City Zoning Ordinance.
KEMPSVILLE DISTRICT
GMJ Investments, LLC/Wizard
Services, Inc. Application:
Conditional Ike Permit for colleges
and universities—private at 300
(portion) and 301 Centre Point Drive
(GPIN 1476490424;:L476494884)..
GMJ Investments, LLC/Wizard
Services, Inc. Application:
Modification of Qnnrlitional Change of
Z nin approved by City Council on
June 14, 1994 at 300(portion) and
301 Centre Point Drive (GPIN
1476490424;1476494884).
PRINCESS ANNE DISTRICT
Robert L. Nelson & Barbara N. Gray
T/A West Landing Marine Application:
Modification of Conditions at 2748
West Landing Road (GPIN
1492620072).
CITY OF VIRGINIA BEACH
Ordinance to amend Section 111 of
the City Zoning Ordinance pertaining
to bars and nightclub requirements
ROSE HALL DISTRICT
Tailwind Development Group,
LLC/City Of Virginia Beach
Application: Change of Zoning from
PD -H1 Planned Unit Development to
0-2 Office at Independence and
Princess Anne Roads
(GPIN1485169065). Comprehensive
Plan - Suburban Area.
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
bj1P"/jwvrx.vbgQv cpmjj2Q For
information call 386.4621.
If you are physically disabled or
visually impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 385-
4303.
BEACON: JAN 23 and 30, 2011
22147106
Q a SYK ES, ]POURD®WIN ARERN & L 9 P.C.C
ATTORNEYS AND COUNSELORS AT LAW
PEMBROKE OFFICE PARK - BUILDING ONE
281 INDEPENDENCE BOULEVARD
FIFTH FLOOR
VIRGINIA BEACH, VIRGINIA 23462-2989
TELEPHONE: 757-499-8971
FACSIMILE: 757-456-5445
Via Hand Deliveru
Ruth Hodges Fraser, City Clerk
Office of the City Clerk
City Hall Building #1, Room 281
Municipal Center
Virginia Beach, Virginia 23456
January 31, 2011
JON M.AHERN
R. EDWARD BOURDON, JR.
JAMES T. CROMWELL
L. STEVEN EMMERT
JACQUELINE A. FINK
KIRK B. LEVY
MICHAEL J. LEVY
HOWARD R. SYKES, JR.
Re: Application of Robert L. Nelson & Brenda N. Gray t/a West Landing Marina for Modification
of Conditions of a Conditional Use Permit (boat storage facility and commercial marina) at
2748 West Landing Road, Princess Anne District (previously approved by City Council on
November 14,1997); GPIN: 1492-62-0072
Dear Ruth:
On behalf of the applicants on this request which is scheduled for Council
consideration on Tuesday, February 8, 2011, please advise the Mayor and members of
the City Council that I am requesting that this matter be deferred indefinitely with the
anticipation that it will likely be placed back on Council's March 22, 2o11 agenda for
public hearing.
I have a conflict on the evening of February 8th which is the primary reason for
the deferral. In addition, a couple of the property owners on West Landing Road have
apparently expressed concerns regarding this request and we would like to make every
effort to engage in a constructive dialogue with them regarding what this application
involves and what it does not involve.
After we've had an opportunity to discuss any concerns of the residents along
West Landing Road, we will request that the matter be placed back on City Council's
agenda by letter to you and to the Planning Director.
If you or any members of Council have any questions or concerns regarding this
request for deferral do not hesitate to contact me.
This shall also confirm that I have advised Dr. Eaton (the only resident along
West Landing Road who has expressed reservations to us) of this deferral request.
MIM SYKES, R®URD®N,
MU AIIERN & LEVY, P.C.
Ruth Hodges Fraser, City Clerk
January 31, 2011
Page 2
With kind regards, I am
Very truly yours,
R. Eddvard Bourdon, Jr.
REBjr/arhm
cc: Councilwoman Barbara Henley
Mayor William D. Sessoms, Jr.
Councilman William R. DeSteph
Councilman Harry Diezel
Councilman Robert M. Dyer
Vice Mayor Louis R. Jones
Councilman Glenn Davis
Councilwoman Rita Sweet Bellitto
Councilwoman Rosemary Wilson
Councilman James L. Wood
Councilman John E. Uhrin
Jack Whitney, Director, Department of Planning
Robert L. Nelson
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: ROBERT L. NELSON & BARBARA N. GRAY T/A WEST LANDING MARINE,
Modification of Conditions, 2748 West Landing Road (GPIN 1492620072).
PRINCESS ANNE DISTRICT.
MEETING DATE: February 8, 2011
■ Background:
In 1997, a conditional rezoning from AG -2 Agriculture District to Conditional B-2
Business District and a Conditional Use Permit for a boat storage facility and
commercial marina were approved by City Council. There are four proffers
associated with the conditional rezoning and seven conditions attached to the
Conditional Use Permit.
This request is the second attempt to eliminate the condition that limits the types
of watercraft that can be launched into the North Landing River from the marina
as an identical appeal was denied by the City Council in 1999. Condition #5 is as
follows: "No personal watercraft or jet skis will be stored or launched from this
facility."
■ Considerations:
The proffers provide for "limited use commercial" on this site for a marina. During
the 1997 Change of Zoning and Conditional Use Permit deliberation, there was
concern that at this location allowing commercial uses such as restaurant or
sales and service of boats could potentially negatively impact surrounding
property owners in such a rural, idyllic setting. As such, the existing proffers
were crafted to strictly limit uses on the site, providing desirable support services
for boaters and fishermen in the area while precluding B-2 uses that could be
incompatible with surrounding properties and inconsistent with the
recommendations of the Comprehensive Plan. The conditional zoning agreement
allows only for an existing boat ramp to remain; and, the construction of a pier,
boat storage yard and a "dry goods shop." Current improvements on the marina
site include the boat ramp and pier, a gravel parking lot and fenced boat storage
area, access for fishing from the shoreline, and small bait and tackle shop.
In 1999, the City Council denied the applicant's request to eliminate the condition
that limits the types of watercraft that can be launched into the North Landing
River from this site. Specifically, this request, as was the request in 1999, is to
eliminate the existing Condition #5: No personal watercraft or jet skis will be
ROBERT L. NELSON AND BRENDAN. GRAY
Page 2 of 2
stored or launched from this facility. While other marinas along the North
Landing River do offer launch facilities for personal watercraft and jet skis, these
marinas existed prior to the requirement that now exists that commercial marinas
require approval by City Council for a Conditional Use Permit. It is Staff's opinion
that the launching and presence of personal watercraft at this site will be
disruptive not only to the rural character of the area but also to the surrounding
environmentally sensitive areas, further supporting the reasoning that
commercial marinas should indeed be considered carefully as a Conditional Use
Permit with approval only by City Council. Staff's position is reflected in the staff
report attached.
Based on the points within the staff report, Planning Staff recommends denial of
this request and that Condition #5 of the original Conditional Use Permit
prohibiting personal watercraft or jet skis from being stored or launched from this
marina be retained.
■ Recommendations:
The Planning Commission, passing a motion by a recorded vote of 10-1,
recommends approval of this request to the City Council.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends denial. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department�(il�pC
City Manager. S k .
PRINCESS ANNE Robert
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January 12, 2011 Public Hearing
APPLICANT & PROPERTY OWNER:
ROBERT L.
NELSON &
BRENDA N. GRAY
T/A WEST
LANDING MARINA
STAFF PLANNER: Carolyn A.K. Smith
REQUEST:
Modification of Conditions of a Conditional Use Permit (boat storage facility and commercial marina) approved
by City Council on November 14, 1997
ADDRESS / DESCRIPTION: 2748 West Landing Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14926200720000 PRINCESS ANNE 6.6 acres 70 - 75 dB DNL
SUMMARY OF REQUEST
In 1997, a conditional rezoning from AG -2 Agriculture District to Conditional B-2 Business District and a
Conditional Use Permit for a boat storage facility and commercial marina were approved by City Council.
There are four proffers associated with the conditional rezoning and seven conditions attached to the
Conditional Use Permit.
This request is the second attempt to eliminate the condition that limits the types of watercraft that can be
launched into the North Landing River from the marina as an identical appeal was denied by the City
Council in 1999. Condition #5 is as follows: "No personal watercraft or jet skis will be stored or launched
from this facility."
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: commercial marina
ROBERT L. NELSON AND BRENDA N. GRAY
Agenda Item 6
Page 1
SURROUNDING LAND North: • Tributary of the North Landing River
USE AND ZONING: 0 Property in the Agricultural Reserve Program / AG -2
Agricultural District
South: • West Landing Road
Single family dwellings / AG -2 Agricultural District
East: . Single family dwellings / AG -2 Agricultural District
West: . North Landing River
NATURAL RESOURCE AND The site is located in the Southern Watersheds Management Area and
CULTURAL FEATURES: immediately adjacent to the North Landing River, part of the Intra -coastal
Waterway - an essential segment for boat traffic up and down the east
coast. The site has approximately 525 feet of frontage along the North
Landing River and there is an extensive area of undisturbed marsh on
the property. The river is designated as the North Landing and
Tributaries State Scenic River and recognized as a Virginia Beach
Scenic Waterway. Much of the land surrounding the North Landing River
in the vicinity of this site is owned by the Nature Conservancy. The entire
is within flood zone AE with a base flood elevation of 4 feet and an
average land elevation of 2 feet. The Natural Heritage Inventory
indicates that this watershed is characterized as having exemplary
natural resources - ecosystems with some of the most diverse and
extensive in southeastern Virginia.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this site as being within the Rural Area. The Rural Area is located in the
southern half of the City south of Indian River and Sandbridge Roads. It is characterized as low, flat land with
wide floodplains and altered drainage with a presence of agricultural and rural related activities including
traditional and specialty crop cultivation, tree farms, equestrian facilities, wetland banks, fish farms and other
similar uses.
The Plan notes an important objective to protect and sustain all our valuable environmental, scenic and
agricultural resources against inappropriate activities and intense growth pressures and recommends
implementing plans and programs designed to protect and restore the City's natural waterways for habitat
support and recreational use (pp. 7-4 to 7-5).
CITY SERVICES
No City services will be impacted by this request.
EVALUATION AND RECOMMENDATION
The proffers provide for "limited use commercial" on this site for a marina. During the 1997 Change of
Zoning and Conditional Use Permit deliberation, there was concern that at this location allowing
ROBERT L. NELSON AND BRENDA N. GRAY
Agenda Item 6
Page 2
commercial uses such as restaurant or sales and service of boats could potentially negatively impact
surrounding property owners in such a rural, idyllic setting. As such, the existing proffers were crafted to
strictly limit uses on the site, providing desirable support services for boaters and fishermen in the area
while precluding B-2 uses that could be incompatible with surrounding properties and inconsistent with
the recommendations of the Comprehensive Plan. The conditional zoning agreement allows only for an
existing boat ramp to remain; and, the construction of a pier, boat storage yard and a "dry goods shop."
Current improvements on the marina site include the boat ramp and pier, a gravel parking lot and fenced
boat storage area, access for fishing from the shoreline, and small bait and tackle shop.
In 1999, the City Council denied the applicant's request to eliminate the condition that limits the types of
watercraft that can be launched into the North Landing River from this site. Specifically, this request, as
was the request in 1999, is to eliminate the existing Condition #5: No personal watercraft or jet skis will be
stored or launched from this facility. While other marinas along the North Landing River do offer launch
facilities for personal watercraft and jet skis, these marinas existed prior to the requirement that now
exists that commercial marinas require approval by City Council for a Conditional Use Permit. It is Staffs
opinion that the launching and presence of personal watercraft at this site will be disruptive not only to the
rural character of the area but also to the surrounding environmentally sensitive areas, further supporting
the reasoning that commercial marinas should indeed be considered carefully as a Conditional Use
Permit with approval only by City Council. Staffs position is reflected below.
This portion of river is designated as both the North Landing and Tributaries State Scenic River
and as a Virginia Beach Scenic Waterway. Managed by the Virginia Department of Conservation
and Recreation, the Virginia's Scenic Rivers Program identifies, designates and protects rivers
and streams with outstanding scenic, recreational, historic and natural characteristics. While the
designation does not carry with it any restrictive land use controls, the program's focus is on
enhancing the conservation of scenic rivers and their corridors. Increased wake and noise are
contrary to the goals of the program.
This portion of the North Landing is characterized as having exemplary natural resources and
ecosystems. According to the Natural Heritage Inventory, prepared by the Department of
Conservation and Recreation, some of the most diverse and extensive ecosystems in
southeastern Virginia are present in the vicinity of this marina. The surrounding area has been
deemed so vital to conservation and preservation efforts that large tracks of land in the vicinity
have been purchased by The Nature Conservancy, one of the leading conservation organizations
working around the world to protect ecologically important lands and waters for nature and
people.
The presence of the Intra -coastal Waterway in this narrow portion of the North Landing River
does pose potential water -use conflicts between personal watercraft/jet skis and both barges and
powerboats.
Personal watercraft/jet skis are able to operate in shallow waters such as smaller creeks and
tributaries of the North Landing River. Safety hazards exist in these shallow waters where
underwater obstacles can be difficult to see.
The potential for increased erosion in the smaller creeks and tributaries from jet ski wakes is
higher than a boat which has more limited maneuverability. Limited police presence makes
patrolling difficult, if not impossible.
Personal watercraft/jet skis typically have high pitched, 2 -stroke engines that have a tendency to
produce more noise pollution than a typical propeller -driven powerboat. There is concern.that
ROBERT L. NELSON AND BRENDA N. GRAY
Agenda Item 6
Page 3
surrounding residential properties and wildlife could be adversely impacted by noise introduced
by launching these watercraft at this site.
Although not within the Interfacility Traffic Area (ITA), the head waters of the North Landing River
is. And, not officially adopted by City Council at the time of this writing, the Interfacility Traffic Area
and Vicinity Master Plan states that the North Landing River and its tributaries provide an
outstanding open space resource for Virginia Beach and the region. The protection and
recreational use of green space (including waterways) present in the southern portion of the study
area of the ITA is a fundamental element of the ITA Implementation Plan. The Plan recommends
that development of this area be limited to that permitted as a matter of right under auspices of
the agricultural districts in an effort to further protect the natural resources and historic rural
character of the area. The Plan also calls for promotion of trail networks and ecotourism related
facilities including canoe and kayak rentals along blueways (water trails) as shown on the Trails
Plan. These water trails provide access to unique and varied habitats that could be threatened
with increased use of personal watercraft along the river. Several canoe launches already exist
along the ITA water ways and other non -motorized access points are planned for the future;
however, additional motorized access is not recommended.
Based on these points, Staff recommends denial of this request and that Condition #5 of the original
Conditional Use Permit prohibiting personal watercraft or jet skis from being stored or launched from this
marina be retained.
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.
ROBERT L. NELSON AND BRENDA N. GRAY
Agenda Item 6
Page 4
� ' v.
t
North
Landing r.{ _ ►..
River;'
lb:'.�
PROPOSM
owKKu k Y~AMC SUMP
EXISTING SITE LAYOUT
ROBERT L. NELSON AND BRENDAN. GRAY
Agenda Item 6
Page 6
1
09/23/03
CUP horses boarding)
Granted
2
10/26/99
11/14/97
MOD (commercial marina)
CHANGE OF ZONING (AG -2 to Conditional B-2)
CUP commercial marina
Denied
Granted
Granted
3
01/09/96
SUBDIVISION VARIANCE
Granted
4
04/25/95
1 SUBDIVISION VARIANCE
Granted
ZONING HISTORY
r_ r
ROBERT L. NELSON AND BRENDA N. GRAY
Agenda Item 6
Page 7
ILDISCLOSURE 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)
Robert L. Nelson and Barbara N. Gray Ua West Landing Marina
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
X Check here if the applicant is NOT 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
Paye 10 of 11
Revised 9/1/2004
DISCLOSURE STATEMENT
ROBERT L. NELSON AND BRENDAN. GRAY
Agenda Item 6
Page 8
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
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 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 instructs ns in this package. IRf1 b lfR T- lv�_C LSV T/
Robert L. Nelson
Applican 6/Property Owner's SignaturV Printrame
3.9 'l�ftw� N • &-R A r
Barbara N. Gray
Applicant's/Property owner'sr Print Name
Modification of conditions Application
Page 11 of 11
Revised 911/2(]04
DISCLOSURE STATEMENT
ROBERT L. NELSON AND BRENDAN. GRAY
Agenda Item 6
Page 9
Item #6
Robert L. Nelson & Brenda N. Gray
Modification of Conditions of a Conditional Use Permit
2748 West Landing Road
District 7
Princess Anne
January 12, 2011
APPROVED
An application of Robert L. Nelson & Brenda N. Gray for a Modification of Conditions of a Conditional Use Permit
(boat storage facility and commercial marina) approved by City Council on November 14, 1997, District 7, Princess
Anne. GPIN:14926200720000.
RECOMMENDATION —STAFF RECOMMENDED DENIAL
The proffers provide for "limited use commercial" on this site for a marina. During the 1997 Change of Zoning and
Conditional Use Permit deliberation, there was concern that at this location allowing commercial uses such as
restaurant or sales and service of boats could potentially negatively impact surrounding property owners in such a
rural, idyllic setting. As such, the existing proffers were crafted to strictly limit uses on the site, providing desirable
support services for boaters and fishermen in the area while precluding B-2 uses that could be incompatible with
surrounding properties and inconsistent with the recommendations of the Comprehensive Plan. The conditional
zoning agreement allows only for an existing boat ramp to remain; and, the construction of a pier, boat storage
yard and a dry goods shop. Current improvements on the marina site include the boat ramp and pier, a gravel
parking lot and fenced boat storage area, access for fishing from the shoreline, and small bait and tackle shop.
In 1999, the City Council denied the applicant's request to eliminate the condition that limits the types of
watercraft that can be launched into the North Landing River from this site. Specifically, this request, as was the
request in 1999, is to eliminate the existing Condition #5: No personal watercraft or jet skis will be stored or
launched from this facility. While other marinas along the North Landing River do offer launch facilities for
personal watercraft and jet skis, these marinas existed prior to the requirement that now exists that commercial
marinas require approval by City Council for a Conditional Use Permit. It is Staff's opinion that the launching and
presence of personal watercraft at this site will be disruptive not only to the rural character of the area but also to
the surrounding environmentally sensitive areas, further supporting the reasoning that commercial marinas should
indeed be considered carefully as a Conditional Use Permit with approval only by City Council. Staff's position is
reflected below.
This portion of river is designated as both the North Landing and Tributaries State Scenic River and as a
Virginia Beach Scenic Waterway. Managed by the Virginia Department of Conservation and Recreation, the
Virginia's Scenic Rivers Program identifies, designates and protects rivers and streams with outstanding scenic,
recreational, historic and natural characteristics. While the designation does not carry with it any restrictive
land use controls, the program's focus is on enhancing the conservation of scenic rivers and their corridors.
Increased wake and noise are contrary to the goals of the program.
This portion of the North Landing is characterized as having exemplary natural resources and ecosystems.
According to the Natural Heritage Inventory, prepared by the Department of Conservation and Recreation,
some of the most diverse and extensive ecosystems in southeastern Virginia are present in the vicinity of this
marina. The surrounding area has been deemed so vital to conservation and preservation efforts that large
tracks of land in the vicinity have been purchased by The Nature Conservancy, one of the leading conservation
organizations working around the world to protect ecologically important lands and waters for nature and
people.
Item #6
Robert L. Nelson & Brenda N. Gray
Page 2
• The presence of the Intra-coastal Waterway in this narrow portion of the North Landing River does pose
potential water-use conflicts between personal watercraft/jet skis and both barges and powerboats.
• Personal watercraft/jet skis are able to operate in shallow waters such as smaller creeks and tributaries of the
North Landing River. Safety hazards exist in these shallow waters where underwater obstacles can be difficult
to see.
• The potential for increased erosion in the smaller creeks and tributaries from jet ski wakes is higher than a
boat which has more limited maneuverability. Limited police presence makes patrolling difficult, if not
impossible.
• Personal watercraft/jet skis typically have high pitched, 2-stroke engines that have a tendency to produce
more noise pollution than a typical propeller-driven powerboat. There is concern that surrounding residential
properties and wildlife could be adversely impacted by noise introduced by launching these watercraft at this
site.
• Although not within the Interfacility Traffic Area (ITA), the head waters of the North Landing River is. And, not
officially adopted by City Council at the time of this writing, the Interfacility Traffic Area and Vicinity Master
Plan states that the North Landing River and its tributaries provide an outstanding open space resource for
Virginia Beach and the region. The protection and recreational use of green space (including waterways)
present in the southern portion of the study area of the ITA is a fundamental element of the ITA
Implementation Plan. The Plan recommends that development of this area be limited to that permitted as a
matter of right under auspices of the agricultural districts in an effort to further protect the natural resources
and historic rural character of the area. The Plan also calls for promotion of trail networks and ecotourism
related facilities including canoe and kayak rentals along blueways (water trails) as shown on the Trails Plan.
These water trails provide access to unique and varied habitats that could be threatened with increased use of
personal watercraft along the river. Several canoe launches already exist along the ITA water ways and other
non-motorized access points are planned for the future; however, additional motorized access is not
recommended.
Based on these points, Staff recommends denial of this request and that Condition #5 of the original Conditional
Use Permit prohibiting personal watercraft or jet skis from being stored or launched from this marina be retained.
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.
AYE 10 NAY 1 ABS 0 ABSENT 0
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HODGSON
AYE
HORSLEY
AYE
Item #6
Robert L. Nelson & Brenda N. Gray
Page 3
LIVAS
AYE
REDMOND
AYE
RIPLEY
NAY
RUSSO
AYE
STRANGE
AYE
THORNTON
AYE
By a vote of 10-1, the Board approved item 6.
Eddie Bourdon appeared on behalf of the applicant. The applicant Robert L. Nelson was also present.
-58 -
PUBLIC HEARING ITEM # 38107
PLANNING
Upon motion by Councilman Clyburn, seconded by Councilman Jones, City Council APPROVED:
Application of the Virginia Beach Development Authority for
modification of conditions (approved April 23, 1991) in the B-3
Community Business District re permitting business and vocational
schools on the Southern portion of the site at the Southwest intersection
of Independence Boulevard and Baxter Road, containing 25.38 acres;
AND,
AUTHORIZED an agreement between the City of Virginia Beach and the
Development Authority encompassing these amended proffers
(KEMPSVILLE BOROUGH).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K
Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Nancy K Parker
and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Amff
Hu h
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: GMJ INVESTMENTS, LLC/WIZARD SERVICES, INC., Conditional Use
Permit, colleges and universities- private, 300 (portion) & 301 Centre Point
Drive (GPIN 1476490424; 1476494884). KEMPSVILLE DISTRICT.
GMJ INVESTMENTS, LLC/WIZARD SERVICES, INC., Modification of
Conditional Change of Zoning, approved by City Council on June 14, 1994,
300(portion) & 301 Centre Point Drive (GPIN 1476490424; 1476494884).
KEMPSVILLE DISTRICT.
MEETING DATE: February 8, 2011
■ Background:
The applicant desires to modify the existing Conditional Zoning on the sites and
obtain a Conditional Use Permit for a public or private college or university.
Bryant and Stratton College proposes an addition of 15,000 square feet to an
existing building.
The Modification of Proffers is to amend Proffer Number 1 of the original
agreement to include "Colleges and universities, public or private" as a permitted
use, and to amend Proffer Number 2 to include "Colleges and universities, public
or private" as a permitted use on Parcel E, Parcel D, and / or within one hundred
(100) feet of a Residential or Apartment District. The modification also modifies
Proffer 5 of the original agreement to allow the realignment of the boundaries of
300 Centre Pointe Drive (Avis) and 301 Centre Pointe Drive (Bryant and Stratton
College).
The site occupied by Bryant and Stratton, 301 Centre Point Drive, will increase in
land area by 1.5488 acres. New parking spaces installed with the development of
the addition and 96 parking spaces existing on the Avis land area will provide an
additional 164 parking spaces for the college. Accordingly, the site occupied by
Avis, 300 Centre Pointe Drive, will be reduced by 1.5488 acres and lose 96
parking spaces. The Avis site has an excess of parking and will not be affected
by the reduction.
■ Considerations:
The proposed modification of proffers and request for a Conditional Use Permit
for a college and university, public or private is acceptable. The requests are to
allow an addition to the existing Bryant and Stratton College, and to realign the
property boundaries between 300 and 301 Centre Pointe Drive.
GMJ INVESTMENTS, LLC./WIZARD SERVICES INC.
Page 2 of 3
The requests are consistent with the Comprehensive Plan recommendations for
the land use characteristics of the area and are complementary to the
surrounding uses. All of the existing conditions and proffers are still applicable.
The proposed location and design of the addition will adhere to the submitted site
and elevation plans.
Staff therefore recommends approval of the requests subject to the proffers and
conditions listed below.
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 11-0, to recommend approval of this request to the
City Council with the following proffers and conditions:
■ 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:
To the extent that it applies to the Property, Proffer Number 1, contained in the
Original Proffers, is hereby amended to include "Colleges and universities, public or
private" as a permitted use on the Property.
PROFFER 2:
To the extent that it applies to the Property, Proffer Number 2, contained in the
Original Proffers, is hereby amended to include "Colleges and universities, public or
private" as a permitted us on Parcel E, Parcel D, and / or within 100 feet of a
Residential or Apartment District (as those parcels are depicted on the "Concept
Plan" referenced in the Original Proffers).
PROFFER 3:
Notwithstanding restrictions contained in Proffer Number 5 or any other applicable
development approvals, Grantors are hereby authorized to develop the GMJ Parcel
and realign the boundaries of the Wizard Parcel and the GMJ Parcel in substantial
conformance with the conceptual site plan entitled "Exhibit of Proposed
Improvements", prepared by Vanasse Hangen Brustlin, Inc., and dated October 27,
2010 (the "Concept Plan"), which Concept Plan has been exhibited to the City
Council and is on file with the Planning Department.
GMJ INVESTMENTS, LLC.NVIZARD SERVICES INC.
Page 3 of 3
PROFFER 4:
All other covenants, restrictions and conditions proffered as part of the Original
Proffers shall remain unchanged and are incorporated herein by reference.
STAFF COMMENTS: The proffers listed above are acceptable.
The City Attorney's Office has reviewed the proffer agreement dated October 29,
2010, and found it to be legally sufficient and in acceptable legal form.
■ Conditions:
1. The proposed addition and parking shall be developed substantially as depicted on
the submitted "Exhibit if Proposed Improvements", dated October 27, 2010, and
prepared by prepared by Vanasse Hangen Brustlin, Inc. Said exhibit has been
exhibited to the Virginia Beach City Council and is on file in the planning Department.
2. The proposed addition and parking shall be developed substantially as depicted on
the submitted elevation entitled "Bryant & Stratton College", prepared by Tymoff +
Moss Architects. Said elevation has been exhibited to the Virginia Beach City Council
and is on file in the planning Department.
3. Sidewalks connecting the parking areas and to the building entrances shall be
provided.
4. There shall be no storage containers on the site.
■ 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<,,� k4cU6
City Manager: k • '�
KEMPSVILLE
F-7,8 GMJ Investments, LLC
January 12, 2011 Public Hearing
APPLICANT & PROPERTY OWNER:
GMJ
I NVESTM E NTS,
LLC
PROPERTY OWNER:
WIZARD
SERVICES, INC.
STAFF PLANNER: Faith Christie
REQUEST:
Modification of Conditional Change of Zoning approved by the City Council on April 23, 1991 and modified on
June 14, 1994
Conditional Use Permit for Colleges and Universities, public or private
ADDRESS / DESCRIPTION: 300 and 301 Centre Point Drive
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
1476490424000; KEMPSVILLE 7.45 ACRES Less than 65 dB DNL
and a portion of
14764948840000
SUMMARY OF REQUEST
The applicant desires to modify the existing Conditional Zoning on the sites and obtain a Conditional Use
Permit for a public or private college or university. Bryant and Stratton College proposes an addition of
15,000 square feet to the existing building. The Modification of Proffers is to amend Proffer Number 1 of
the original agreement to include "Colleges and universities, public or private" as a permitted use, and to
amend Proffer Number 2 to include "Colleges and universities, public or private" as a permitted use on
Parcel E, Parcel D, and / or within one hundred (100) feet of a Residential or Apartment District. The
modification also modifies Proffer 5 of the original agreement to allow the realignment of the boundaries
of 300 Centre Pointe Drive (Avis) and 301 Centre Pointe Drive (Bryant and Stratton College). The site
occupied by Bryant and Stratton, 301 Centre Point Drive, will increase in land area by 1.5488 acres. New
GMJ INVESTMENTMENTS, LLC / WIZARD SERVICES INC.
Agenda Items 4 & 5
Page 1
parking spaces installed with the development of the addition and 96 parking spaces existing on the Avis
land area will provide an additional 164 parking spaces for the college. Accordingly, the site occupied by
Avis, 300 Centre Pointe Drive, will be reduced by 1.5488 acres and lose 96 parking spaces. The Avis site
has an excess of parking and will not be affected by the reduction.
The sites were part of an overall rezoning from B-2 Community Business, 1-2 Heavy Industrial, and R-10
Residential to Conditional B-3 Central Business District subject to the covenants, restrictions, and
conditions proffered and recorded in the Clerk of the Circuit Court office in Deed Book 2982 at Page 675
in 1991. A modification of conditions was approved in 1994 to allow business and vocational schools
which do not involve the operation of woodwork shops, machine shops or similar facilities on Parcel E
(300 Centre Point Drive) and on Parcel D (301 Centre Pointe Drive) within 100 feet of a residential or
apartment district.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: 300 Centre Point Drive is occupied by the Avis office building, parking, and
landscaping. 301 Centre Pointe Drive is occupied by Bryant and Stratton College, parking, and landscaping.
SURROUNDING LAND North: . Baxter Road
USE AND ZONING: South: . Larkspur Subdivision /single-family dwellings/ R-10 Residential
East: . South Independence Boulevard
West: . Multi -family dwellings /A-18 Apartment
NATURAL RESOURCE AND The sites are landscaped with mature trees and shrubs. There are no
CULTURAL FEATURES: natural resources or cultural features associated with the sites.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Suburban Area.
The overriding objective of the Suburban Area policies is to protect the predominantly suburban character
defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires
all new development proposals to either maintain or enhance the existing neighborhood through compatibility
with surroundings and effective buffering between adjoining residential and non-residential uses. All new uses
are to be compatible in type, size, and intensity to the existing area (pp. 3-1 to 3-2).
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Centre Pointe
Drive in the vicinity of this application is a two-lane undivided collector/local street. It is not included on the
Master Transportation Plan.
A roadway Capital Improvement Program project is slated for this area. The Pembroke Area Transportation
Improvements (CIP 2-109) will develop short-term, mid-term, and long-term alternatives for transportation
GMJ INVESTMENTMENTS, LLC / WIZARD SERVICES INC.
Agenda Items 4,& 5
Page 2
needs in the Central Business District surrounding the Town Center. The project will be phased based on
funding.
TRAFFIC:
Street Name
Present
Present Capacity
Generated Traffic
Volume
Centre Point Drive
778 ADT
No existing traffic
1,190 ADT
counts are available for
130 AM Peak Hour
this roadway
110 PM Peak Hour
WATER and SEWER: The sites are connected to City water and sewer.
EVALUATION AND RECOMMENDATION
The proposed modification of proffers and request for a Conditional Use Permit for a college and
university, public or private is acceptable. The requests are to allow an addition to the existing Bryant and
Stratton College, and to realign the property boundaries between 300 and 301 Centre Pointe Drive.
The requests are consistent with the Comprehensive Plan recommendations for the land use
characteristics of the area and are complementary to the surrounding uses. All of the existing conditions
and proffers concerning buffers, screening, and tree preservation within designated buffers are still
applicable. The proposed location and design of the addition will adhere to the submitted site and
elevation plans.
Staff therefore recommends approval of the requests subject to the proffers and conditions listed below.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to 'offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h) (1)). Should this application be approved, the proffers will be recorded at the Circuit Court and
serve as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
To the extent that it applies to the Property, Proffer Number 1, contained in the Original Proffers, is hereby
amended to include "Colleges and universities, public or private" as a permitted use on the Property.
PROFFER 2:
To the extent that it applies to the Property, Proffer Number 2, contained in the Original Proffers, is hereby
amended to include "Colleges and universities, public or private" as a permitted us on Parcel E, Parcel D,
and / or within 100 feet of a Residential or Apartment District (as those parcels are depicted on the "Concept
Plan" referenced in the Original Proffers).
GMJ INVESTMENTMENTS, LLC / WIZARD SERVICES INC.
Agenda Items 41& 5
Page 3
PROFFER 3:
Notwithstanding restrictions contained in Proffer Number 5 or any other applicable development approvals,
Grantors are hereby authorized to develop the GMJ Parcel and realign the boundaries of the Wizard Parcel
and the GMJ Parcel in substantial conformance with the conceptual site plan entitled "Exhibit of Proposed
Improvements", prepared by Vanasse Hangen Brustlin, Inc., and dated October 27, 2010 (the "Concept
Plan"), which Concept Plan has been exhibited to the City Council and is on file with the Planning
Department.
PROFFER 4:
All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain
unchanged and are incorporated herein by reference.
STAFF COMMENTS: The proffers listed above are acceptable.
The City Attorney's Office has reviewed the proffer agreement dated October 29, 2010, and found it to be
legally sufficient and in acceptable legal form.
CONDITIONS
1. The proposed addition and parking shall be developed substantially as depicted on the submitted "Exhibit
if Proposed Improvements", dated October 27, 2010, and prepared by prepared by Vanasse Hangen
Brustlin, Inc. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the
planning Department.
2. The proposed addition and parking shall be developed substantially as depicted on the submitted
elevation entitled "Bryant & Stratton College", prepared by Tymoff + Moss Architects. Said elevation has
been exhibited to the Virginia Beach City Council and is on file in the planning Department.
3. Sidewalks connecting the parking areas and to the building entrances shall be provided.
4. There shall be no storage containers on the site.
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.
GMJ INVESTMENTMENTS, LLC / WIZARD SERVICES INC.
Agenda Items 4',A 5
Page 4
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GMJ INVESTMENTMENTS, LLC / WIZARD SERVICES IhIC.
Agenda Items 4 5
Page 6
KEMPSVILLE
E-7,8
GMJ Investments, LLC
Jot 10 scale
Cl, D ' es►1$
.-ate ♦ • % A'i4t` �
< "ter. ♦ y .�♦ �
ILAN
_.caii�'Lt E,
• 7onino with ConditionsProffers. Onen 60 for Colleaes and Universities - Private
ice Promotion orPOH•2Overbys Modification of Conditions
#
DATE
REQUEST
ACTION
1
9/11/67
Conditional Use Permit (Open Air Theater —
Approved
Drive-in)
4/26/82
Rezoning (R-5 Residential to B-2 Business)
Denied
8/25/85
Rezoning (1-2 Industrial to B-2 Business)
Denied
4/23/91
Rezoning (R-10 Residential, B-2 Business,
Approved
& 1-2 Industrial to Conditional B-3 Business)
6/14/94
Modification of Proffers
Approved
ZONING HISTORY
GMJ INVESTMENTMENTS, LLC / WIZARD SERVICES kc.
Agenda Items 4F& 5
Page 8
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List aN 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, a000unbng services, and legal
services: (Attach fist If necessary)
T_ ..,...,s.. c.mam I I P _ Lanai services_
'Parent -subsidiary relationship- means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation.' See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2'Affliated 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
entitles. 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 dose 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 happlication ein is he nd has been scheduled for
I understand that, upon receipt of notification (Postcard) that
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the Instructions in this Package. The
undersigned also consents to entry upon the subject property by employeea of the Department of
Planning to_photpWaph and view the site for purposes of processing and evaluating this application.
Print Nerrid
Print WwA
ConMornl Use Pe mit Mprcaon
Paps 10 of to
ReV&W 713/2001
GMJ INVESTMENTMENTS, LLC / WIZARD SERVICES
Agenda Items
;e;
14
Enall
Como)
iilnesA
W
w
V
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)
"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
entitles. 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 oftioes or employees or otherwise share activities,
resources or personnel an a regular basis; or there Is otherwise a dose 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 noWleation (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 90 days prior to the scheduled public hearing according to the instructions In this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
Applicant's Signature Print Name
j'j*f r Zee v,pi V, eC--C �%n C .
^2gr A-
P Owner s Signattfre (if dtffereA than applicant) Print Name
Conditnr Use Perrdt Applud-
Pape 10 Of 10
Rwbed 71312007
DISCLOSURE STATEMENT
GMJ INVESTMENTMENTS, LLC / WIZARD SERVICES INC.
Agenda Items 4 & 5
Page 10
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or wiU 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)
'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 dose working relationship
between the entities! See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
CER7ffICATIMI: I oerWy that the information contained herein is true and soctrate.
i understand that, upon receipt of noVocetion (Postcard) that the application hes been scheduled for
public hearing, I am responsible for obtaining and poeting the required sign on the subject property at
least 30 days prior to the scheduled public hearing a000rding to the Instructions In this Package. The
EpFarmdto entry upon the subject prey by empioyeas d the Department of
www tl�elite fo PurP Pr ooeseinp and evaluatirt9 lt►is application.
print Nif different than applicant) Print N��
IWIDWCOWa(
paps 11 of 11
RVAW
DISCLOSURE STATEMENT
GMJ INVESTMENTMENTS, LLC / WIZARD SERVICES
Agenda Items 4
Page 11
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)
Troutman Sanders LLP — Leal Sendos
Tvmoff-Moss Architects — Architectural Services
VH8 Inc — Enoineerina Services
Parent -subsidiary relationship' means 'a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation.' See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-3101.
2 'Affiliated business entity relationship' means 'a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (11) a controlling owner in
one entity is also a controlling owner in the other entity, or (ill) 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 irdormstion 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 sub)ect property at
least 30 days prior to the scheduled public hearing according to the Instructions in time package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
AppliosnPs Sigsatom Print Name
woezAXL/ SE v'c6s S
EXJG A. N21 U.44
s Siguarre (if dif fam than appaesst) Print Name
Mo0ca m of C«aman npgkasan
Pape 11 of 11
PAVMW 713107
DISCLOSURE STATEMENT
GMJ INVESTMENTMENTS, LLC / WIZARD SERVICES INC.
Agenda Items 44 5
Page 12
Item #4 & 5
GMJ Investments, L.L.C.
Modification of Conditional Change of Zoning
Conditional Use Permit
300 and 301 Centre Point Drive
District 2
Kempsville
January 12, 2011
CONSENT
An application of GMJ Investments, L.L C. for a Modification of Conditional Change of Zoning approved by the City
Council on April 23, 1991 and modified on June 14, 1993; and an application of GMJ Investments, L.L.C. for a
Conditional Use Permit for colleges and universities, public or private on property located at 300 and 301 Centre
Point Drive, District 2, Kempsville. GPIN: 14764904240000; and a portion of 14764948840000.
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:
To the extent that it applies to the Property, Proffer Number 1, contained in the Original Proffers, is hereby amended
to include "Colleges and universities, public or private" as a permitted use on the Property.
PROFFER 2:
To the extent that it applies to the Property, Proffer Number 2, contained in the Original Proffers, is hereby amended
to include "Colleges and universities, public or private" as a permitted us on Parcel E, Parcel D, and / or within 100
feet of a Residential or Apartment District (as those parcels are depicted on the "Concept Plan" referenced in the
Original Proffers).
PROFFER 3:
Notwithstanding restrictions contained in Proffer Number 5 or any other applicable development approvals, Grantors
are hereby authorized to develop the GMJ Parcel and realign the boundaries of the Wizard Parcel and the GMJ Parcel
in substantial conformance with the conceptual site plan entitled "Exhibit of Proposed Improvements", prepared by
Vanasse Hangen Brustlin, Inc., and dated October 27, 2010 (the "Concept Plan"), which Concept Plan has been
exhibited to the City Council and is on file with the Planning Department.
PROFFER 4:
All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and
are incorporated herein by reference
STAFF COMMENTS: The proffers listed above are acceptable.
The City Attorney's Office has reviewed the proffer agreement dated October 29, 2010, and found it to be legally
sufficient and in acceptable legal form.
Item #4&5
GMJ Investments, L.L.C.
Page 2
CONDITIONS
1. The proposed addition and parking shall be developed substantially as depicted on the submitted "Exhibit if
Proposed Improvements", dated October 27, 2010, and prepared by prepared by Vanasse Hangen Brustlin, Inc.
Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the planning Department.
2. The proposed addition and parking shall be developed substantially as depicted on the submitted elevation entitled
"Bryant & Stratton College", prepared by Tymoff + Moss Architects. Said elevation has been exhibited to the
Virginia Beach City Council and is on file in the planning Department.
3. Sidewalks connecting the parking areas and to the building entrances shall be provided.
4. There shall be no storage containers on the site.
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.
By a vote of 11-0, the Board have approved agenda items 4 & 5 for consent.
Robert Beamon appeared on behalf of the applicant.
AYE 11 NAY 0 ABS 0 ABSENT 0
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HODGSON
AYE
HORSLEY
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
THORNTON
AYE
By a vote of 11-0, the Board have approved agenda items 4 & 5 for consent.
Robert Beamon appeared on behalf of the applicant.
IA•BL_d,`'i
U
Q
N
`OR OUR NPZ�O
In Reply Refer To Our File No. DF -7856
TO: Mark D. Stiles
FROM: B. Kay Wilson �
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: January 26, 2011
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; GMJ Investments, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on February 8, 2011. 1 have reviewed the subject proffer agreement, dated
October 29, 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 HassenvX"'
Prepared by and return to:
Troutman Sanders LLP
222 Central Park Avenue, Suite 2000
Virginia Beach, Virginia 23462
MODIFICATION OF
COVENANTS, RESTRICTIONS AND CONDITIONS PROFFERED PURSUANT
TO SECTION 107(h) OF THE ZONING ORDINANCE OF THE CODE OF THE
CITY OF VA BEACH, VIRGINIA
THIS MODIFICATION OF COVENANTS, RESTRICTIONS AND
CONDITIONS PROFFERED PURSUANT TO SECTION 107(h) OF THE ZONING
ORDINANCE OF THE/ CODE OF THE CITY OF VA BEACH, VIRGINIA, made
thiday of 6(, k &-r , 2010, between GMJ INVESTMENTS, LLC, a
New Jersey limited liability company ("GMJ"); WIZARD SERVICES, INC., a Delaware
corporation ("Wizard") (together referred to as "Grantors") and the CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia ("Grantee").
WITNESSETH:
WHEREAS, GMJ is the owner of the real property described on Exhibit A attached
hereto (the "GMJ Parcel"), which property is currently zoned Conditional B-3, and is subject
to certain recorded covenants, restrictions, and conditions; and
WHEREAS, Wizard is the owner of the real property described on Exhibit B
attached hereto (the "Wizard Parcel"), which property is currently zoned Conditional B-3,
and is subject to certain recorded covenants, restrictions, and conditions; and
WHEREAS, GMJ intends to purchase the Wizard parcel and incorporate it into the
GMJ Parcel as part of the expansion of the existing improvements located on the GMJ Parcel
(the GMJ Parcel and Wizard Parcel are together referred to as the "Property"); and
WHEREAS, in April of 1991, the City of Virginia Beach conditionally re -zoned the
Property subject to certain proffered covenants, restrictions, and conditions set forth in the
"Covenants, Restrictions and Conditions Proffered Pursuant to Section 107(h) of the Zoning
Ordinance of the Code of the City of VA Beach, Virginia", dated April 25, 1991, and
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
(the "Clerk's Office") in Deed Book 2982 at page 675 (the "Original Proffers"), which
Original Proffers were modified by the City of Virginia Beach on June 14, 1994 to permit
business and vocational schools on the southern portion of the Property; and
GPIN: 1476-49-0424-0000; 1476-49-4884-0000 (portion)
WHEREAS, Grantor desires to develop the Property in a manner that differs from the
terms specified in the Original Proffers; and
WHEREAS, Grantor desires to amend and modify several of the covenants,
restrictions, and conditions set forth in the Original Proffers to the extent that they apply to the
Property; and
WHEREAS, the conditions set forth in the Original Proffers may only be amended or
varied by written instrument recorded in the Clerk's Office and executed by the record owner of
the Property, provided that said instrument is consented to by the Grantee by ordinance or
resolution adopted by the governing body of the Grantee, after a public hearing properly
advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950 (as amended), which
said ordinance or resolution shall be recorded along with the amendment as conclusive evidence
of such consent.
NOW, THEREFORE, the Grantors for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or extraction
from the Grantee or its governing body and without any element of compulsion or quid pro quo
for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property, and hereby covenant and agree that the terms of
this declaration shall constitute covenants running with the said Property, which shall be binding
upon the Property and upon all parties and persons claiming under or through the Grantors, their
heirs, personal representatives, assigns, grantees and other successors in interest or title, namely:
1. To the extent that it applies to the Property, Proffer Number 1, contained in the
Original Proffers, is hereby amended to include "Colleges and universities, public or private" as a
permitted use on the Property.
2. To the extent that it applies to the Property, Proffer Number 2, contained in the
Original Proffers, is hereby amended to include "Colleges and universities, public or private" as a
permitted use on Parcel E, Parcel D, and/or within one hundred [100] feet of a Residential or
Apartment District (as those parcels are depicted on the "Concept Plan" referenced in the
Original Proffers).
3. Notwithstanding restrictions contained in Proffer Number 5 or any other
applicable development approvals, Grantors are hereby authorized to develop the GMJ Parcel
and realign the boundaries of the Wizard Parcel and the GMJ Parcel in substantial conformance
with the conceptual site plan entitled "Exhibit of Proposed Improvements", prepared by Vanasse
Page 2
Hangen Brustlin, Inc., and dated October 27, 2010 (the "Concept Plan"), which Concept Plan
has been exhibited to the City Council and is on file with the City Planning Department.
4. All other covenants, restrictions and conditions proffered as part of the Original
Proffers shall remain unchanged and are incorporated herein by reference.
All references herein to zoning districts and to regulations applicable thereto refer to the
City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
modification of proffered covenants, restrictions and conditions is approved by the Grantee.
The covenants, restrictions and conditions set forth above, having been proffered by the
Grantors and allowed and accepted by the Grantee, shall continue in full force and effect until a
subsequent amendment changes the zoning on the Property covered by such conditions;
provided, however, that such conditions shall continue despite a subsequent amendment if the
subsequent amendment is part of the comprehensive implementation of a new or substantially
revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended
or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of
recordation of such instrument; provided further that said instrument is consented to by the
Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the
governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to
the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution
shall be recorded along with said instrument as conclusive evidence of such consent.
The Grantors covenant and agree that (1) the Zoning Administrator of the City of
Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such conditions,
and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including
mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or
proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of
any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any
decision of the Zoning Administrator made pursuant to the provisions of the City Code, the
Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee.
Page 3
GMJ INVESTMENTS, LLC, a New Jersey
limited liability company:
91
Ti
STATE/COMMONWEALTH OF�t4
CITY/COUN
TY OF !/i/I n P1 „� n i� �
The foregoing instrument was sworn to and acknowledged before me this _C�j, day of
2010, by 6 « L-- L 4 -
P 1 ° 3 , on behalf of GMJ Investments,
LLC. He/she is either personally known to me or has produced
b r l `ve v- L1`v{sUl S -F _ as identification.
Witness my hand and official stamp or seal this r21 day of3 20010.
Notary Public (SEAL)
My Commission Expires: ELAINE VOUTSiNAS
NOTARY PUBLIC
STATE OF NEW JERSEY
Registration Number:
MY COMMISSION EpIRES MARCH 17, 2013
I.D.# 2371220
Page 4
WIZARD SERVICES, INC., a Delaware
corporation:
By:
Title /!►'e y- c v► '
STATE/COMMONWEALTH OF V ( F -'L- I /y%A
CITY/W OF VA, fC-PZ4t , to -wit:
The foregoing instrument was sworn to and acknowledged before me this 10— day of
i�Cbe Ail i (Z, 2010, by ORI C, & . 111A SM- , on behalf of Wizard Services,
Inc. He/she is either personally known to me or has produced
as identification.
Witness my hand and official stamp or seal this Pif day of �)OyeAlw 20010.
My Commission Expires:
r1 M. DE
ID #7099114
n EXP. 04/30/11 2
�Q pUBoo S
FALTH off/
Notary Public (SEAL)
Page 5
Exhibit A
ALL that certain lot, piece or parcel of land, with the buildings and improvements thereon
and appurtenances thereunto belonging, situate, lying and being in the City of Virginia
Beach, Virginia, containing 5.9005 acres of land and designated as "PARCEL A -3-A", on
that certain plat entitled "Re -Subdivision of PART OF PARCEL `A-3', SUBDIVISION OF
PROPERTY OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AS
DESCRIBED IN D.B. 3268, PG. 2002 (M.B. 234, PG. 70 & 71) AND PART OF
PROPERTY OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AS
DESCRIBED IN D.B. 3268, PG. 2002, KEMPSVILLE BOROUGH -VIRGINIA BEACH,
VIRGINIA" dated August 15, 1994, prepared by Lee S. Rood, P.C., Land Surveyors,
Norfolk, Virginia, and recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 238, Page 45 & 46, to which reference is hereby
made for a more particular description.
IT BEING the same property conveyed to GMJ Investments, LLC, a New Jersey limited
liability company by deed from Centre Pointe Financial Associates, LLC, a Delaware limited
liability company, dated April 20, 2006 and recorded April 25, 2006 in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia as Instrument No.
20060425000626260.
Page 6
Exhibit B
Beginning at a point being a westerly property corner of the Wizard Services, Inc. property,
said point also being 334.81 feet in an easterly direction from the terminus of Centre Pointe
Drive, a 60 foot public right of way, thence, with the property lines of the Wizard Services,
Inc. property, the following courses and distances: 558-40-OIE 72.40 feet to a point. 539-
00-47E 157.89 feet to a point. N50 -59-13E 37.48 feet to a point. 562-04-05E 20.03 feet to
a point. 539-00-47E 122.46 feet to a point being a northerly property corner of the now or
formerly William M. and Dorothy J. Fitchett property. Thence S51 -01-59W 260.84 feet,
with the westerly property line of the now or formerly William M. and Dorothy J. Fitchett
property, and continuing with the westerly property lines of the now or formerly Howard
and Phyllis B. Shular property and the terminus of Hoylake Drive, a 50 foot public right of
way, to a point being on the northerly property line of the now or formerly James R. and
Jane D. Gerling property. Thence N44 -21-16W 160.65 feet, with the northerly property
line of the now or formerly James R. and Jane D. Gerling property, to a point being a
northerly property corner of the GMJ Investments, LLC property. Thence, N05 -59-13E
291.78 feet to the point of beginning and containing 67,464 square feet or 1.5488 acres of
land.
IT BEING a portion the same property conveyed to Wizard Services, Inc., a Delaware
corporation by deed from Avis Budget Car Rental, LLC, a Delaware limited liability
company, dated September 6, 2007 and recorded October 1, 2007 in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia as Instrument No.
20071001001332030.
407977v1 Page 7
�e
F
Nu
0
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: TAILWIND DEVELOPMENT GROUP, LLC/CITY OF VIRGINIA BEACH,
Chance of Zoning, PD -H1 Planned Unit Development to 0-2 Office, Northwest
Corner of South Independence and Princess Anne Road (GPIN1485169065).
Comprehensive Plan — Suburban Area ROSE HALL DISTRICT.
MEETING DATE: February 8, 2011
■ Background:
The applicant proposes to rezone the existing PD -H1 Planned Unit Development
property to 0-2 Office and develop the site with a 74,370 square feet office building.
The submitted conceptual site layout plan depicts a proposed rectangular shaped
building situated 56 feet from South Independence Boulevard and 80 feet from Princess
Anne Road. The main frontage of the building is along Princess Anne Road. Proposed
parking is located on all sides of the building and site. A right in / right out access is
depicted from South Independence Boulevard and a right in only access is depicted from
Princess Anne Road. A proposed bus lane and shelter is depicted in the north western
portion of the site along Princess Anne Road.
The submitted conceptual site layout plan depicts 328 parking spaces, of which 157
spaces are designated for compact car parking. The proposed compact car spaces
exceed the number allowed in the City Zoning Ordinance by 75 spaces, or 23 percent.
The site will need to obtain a variance from the Board of Zoning Appeals to exceed the
permitted number of compact car spaces.
The submitted elevations depict a 3 story building, 50 feet in height with an additional 10
feet of mechanical screening on the roof. The building is modern in design with specified
exterior building materials consisting of glass, brick, and exterior insulation finish system.
The proposed monument sign is of the same brick and glass materials as the proposed
building.
■ Considerations:
The site was part of the Green Run Subdivision Land Plan, first as open space area and
later designated for future right-of-way improvements for the intersection of Princess
Anne Road and South Independence Boulevard. Once the improvements to the
roadways were completed the property was declared excess City property and marketed
for sale. The applicant has entered into a purchase agreement with the City to buy the
site and develop it with a Class A medical office building. The site and building designs
are part of the contractual agreement. The proposed building is situated approximately
115 feet from the nearest residential lot. A 20 foot landscaped buffer and the additional
TAILWIND DEVELOPMENT GROUP, LLC/CITY OF VIRGINIA BEACH
Page 2 of 4
separation from residential properties should provide sufficient buffering for the
residents.
The southeast portion of the intersection is currently developed with several retail strip
centers, including Farm Fresh and Target. The southwest and northwest portions of the
of the intersection were rezoned to Conditional A-12 and A-36 Apartment and B-4 Mixed
Use districts in 2007 and are not yet developed. A larger medical complex is currently
developing a little over a mile south of this request. The proposed medical office building
would not only serve the immediate surroundings, but also the medical complex to the
south.
Therefore staff recommends approval of the request subject to the proffers listed below.
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 11-0, to recommend approval of this request to the City Council with
the following 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 Grantor agrees to develop the Property substantially in conformity with the Land Use
Plan entitled "Conceptual Site Layout Plan of Princess Anne Pavilion Medical Office
Building, Princess Anne Rd. and Independence Blvd., Virginia Beach, VA" (the "Plan")
prepared by MSA, P.C., dated December 20, 2010, which Plan has been exhibited to the
City Council and is on file in the Department of Planning.
PROFFER 2:
In conjunction with the development of the Property, the Grantor agrees to construct a bus
stop on Princess Anne Road as depicted on the Plan in accordance with specifications
provided by the Grantee.
PROFFER 3:
The external building materials and the architectural design elements of the building shall
be those depicted and described on the elevations entitled, "Princess Anne Pavilion -Side
Elevation, Front Elevation, Sign Elevation, and Landscape Buffer, Virginia Beach, Virginia"
prepared by H&A, Architects & Engineers, dated November 20, 2010, which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (hereinafter referred to as the "Elevation").
PROFFER 4:
The predominant exterior building materials shall be brick, EIFS (exterior insulation finish
system) and glass as specified, depicted and described on the building elevations
TAILWIND DEVELOPMENT GROUP, LLC/CITY OF VIRGINIA BEACH
Page 3 of 4
submitted to the Virginia Beach Department of Planning in conjunction with the Plan. The
colors used may vary from those on the exhibits but all will be earth tones.
PROFFER 5:
The office building to be constructed on the Property will be a maximum of fifty feet in
height and will additionally include a roof -mounted mechanical screen to be approximately
ten feet in height as depicted on the Elevation and in accordance with specifications
provided by the Grantee
PROFFER 6:
All outdoor lighting on the Property will be directed downward and inward toward the
interior of the Property. Grantors shall provide a photometric plan for review/approval by
the Virginia Beach Police Department or appropriate City staff. All lighting on the site will
be consistent with the standards published by the Illumination Engineering Society of North
America.
PROFFER 7:
Vehicular ingress and egress shall be limited to two entrances, with one (1) entrance with
ingress and egress from Independence Boulevard and one (1) entrance with ingress only
from Princess Anne Road. There shall be no vehicular egress onto Princess Anne Road.
PROFFER 8:
A landscaped monument style sign externally illuminated from ground level shall be
constructed on the Property adjacent to the intersection of Independence Boulevard and
Princess Anne Road as depicted and described on the signage plan (the "Signage Plan")
submitted to the Virginia Beach Department of Planning in conjunction with the Plan, which
Signage Plan has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning.
PROFFER 9:
The office building depicted on the Plan shall be constructed to meet or exceed the
minimum standards (first of five levels) for certification under the LEED new construction
rating system.
PROFFER 10:
The parking surface on the Property will be constructed of materials that will enable the
office building project to meet or exceed the minimum standards for certification under the
LEED new construction rating system.
PROFFER 11:
The dumpster serving the office building will be located in the vicinity of the area
designated as "Loading" on the Plan and will in no event be located in close proximity to
the rear property line that is contiguous to the residential parcels.
PROFFER 12:
No communications towers may be erected on the Property.
PROFFER 13:
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
TAILWIND DEVELOPMENT GROUP, LLC/CITY OF VIRGINIA BEACH
Page 4 of 4
meet all applicable City Code requirements.
STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed
in accordance with the submitted conceptual site layout plan and elevation plans. The
submitted conceptual site plan depicts a coordinated development of the site in terms of
design, parking layout, and traffic control and circulation, and landscaping within the site.
The submitted preliminary elevation plan depicts a building of high quality materials that is
complementary to existing buildings in the area.
The City Attorney's Office has reviewed the proffer agreement dated December 20, 2010,
and found it to be legally sufficient and in acceptable legal form.
■ 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 Department1�-til.��l
City Manage • S 0�
RI L
Mapap F -,o F-10 Tailwind Development Group, LL12
C
January 12, 2011 Public Hearing
33s `a,Ik1 APPLICANT:
TAILWIND
DEVELOPMENT
�� PDH1 GROUP,LLC
B4` i
PROPERTY OWNER:
A36*� CITY OF VIRGINIA
BEACH
CondWona12oning Change from PDH1 to 0-2
STAFF PLANNER: Faith Christie
REQUEST: Conditional Change of Zoning (from PD -H1 Planned Unit Development to 0-2 Office)
ADDRESS / DESCRIPTION: Northwest Corner of South Independence and Princess Anne Road.
GPIN:
ELECTION DISTRICT:
SITE SIZE:
AICUZ:
14851690650000
ROSE HALL
3.977 acres
Less than 65 dB DNL
SUMMARY OF REQUEST
The applicant proposes to rezone the existing PD -H1 Planned Unit Development property to 0-2 Office
and develop the site with a 74,370 square feet office building.
The submitted conceptual site layout plan depicts a proposed rectangular shaped building situated 56
feet from South Independence Boulevard and 80 feet from Princess Anne Road. The main frontage of the
building is along Princess Anne Road. Proposed parking is located on all sides of the building and site. A
right in / right out access is depicted from South Independence Boulevard and a right in only access is
depicted from Princess Anne Road. A proposed bus lane and shelter is depicted in the north western
portion of the site along Princess Anne Road.
The submitted conceptual site layout plan depicts 328 parking spaces, of which 157 spaces are
designated for compact car parking. The proposed compact car spaces exceed the number allowed in the
City Zoning Ordinance by 75 spaces, or 23 percent. The site will need to obtain a variance from the Board
of Zoning Appeals to exceed the permitted number of compact car spaces.
The submitted plan also depicts the required street frontage landscaping and interior coverage
landscaping for the parking lot. Building foundation landscaping is depicted along the building frontage on
TAILWIND DEVELOPMENT GROUP, LLC / CITY OF VIRGINIA BEACH
Agenda Item 12
Pace 1
Princess Anne Road. Additional building foundation landscaping will be required along the building wall
along South Independence Boulevard. A 20 foot landscape buffer is depicted along the rear of the site,
adjacent to the residential properties.
The submitted elevations depict a 3 story building, 50 feet in height with an additional 10 feet of
mechanical screening on the roof. The proposed building is situated approximately 115 feet from the
nearest residential lot. A 20 foot landscaped buffer and the additional separation from residential
properties should provide sufficient buffering for the residents. The building is modem in design with
specified exterior building materials consisting of glass, brick, and exterior insulation finish system. The
proposed monument sign is of the same brick and glass materials as the proposed building.
The request was deferred at the December 8, 2010 Planning Commission meeting so that the applicant
could work with staff on the proffer agreement and site plan.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Undeveloped parcel (previously designated as right-of-way)
SURROUNDING LAND North: . Single-family dwellings / PD -H1 Planned Unit
USE AND ZONING: South: . Intersection of South Independence Boulevard and Princess
Anne Road
East: . South Independence Boulevard
Across South Independence Boulevard are retail uses / PD -1-11
Planned Unit
West: . Undeveloped parcels / Conditional B-4 Mixed Use
NATURAL RESOURCE AND There are no significant natural resources or cultural features associated
CULTURAL FEATURES: with the site.
COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site in the Suburban Area. The Plan
recognizes the need to preserve and protect the character of the stable neighborhoods in the suburban area
as well as reinforce the suburban characteristics of commercial centers and other non-residential areas that
make up the suburban area. Planning principles established to protect this area state that all new development
and redevelopment should reinforce neighborhood compatibility, quality site and building design, improved
mobility, be environmentally responsible, advance community livability, employ effective buffering between
residential and non-residential uses, and be compatible in size and intensity to the existing area.
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne
Road adjacent to this application is an eight -lane divided major urban arterial. The Master Transportation Plan
proposes a divided, access controlled facility with bikeway within a 150 foot right-of-way. Currently, this
segment of roadway is functioning near capacity at a Loss Of Service D.
TAILWIND DEVELOPMENT GROUP, LLC / CITY OF VIRGINIA BEACH
Agenda Item 12
Page 2
South Independence Boulevard adjacent to this application is a four -lane divided major urban arterial. The
Master Transportation Plan proposes a divided facility within a 120 foot right-of-way. Currently, this segment of
roadway is functioning over capacity at a Loss Of Service E.
There are no roadways Capital Improvement Program projects are slated for this area.
Public Works / Traffic Engineering:
The peak hour vehicle Trip Generation represents the peak hour of adjacent street traffic, typically one
hour between 7:00 AM -9:00 AM and 4:00 PM -6:00 PM. If calculating the peak hour of the medical
office building use, both the AM and PM peak hour totals would be higher at 265 vehicles and 330
vehicles, respectively.
• The proposed medical office building land use meets the City's warrants for a Traffic Impact Study
(TIS) under Section 11.26 of the City of Virginia Beach Public Works Specifications and Standards.
However, a TIS will not be required for the following reasons:
1. A sufficient right -turn lane already exists for the right-in/right-out entrance on South Independence
Boulevard.
2. A right -turn lane is already proposed for the right -in entrance on Princess Anne Road.
3. The S. Independence Boulevard/Princess Anne Road intersection is already at its build -out
condition.
4. Ultimately, the study would not recommend any right-of-way improvements beyond what is already
proposed with the development.
• Future comments will be forthcoming upon a site plan submission.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Princess Anne
50,894 ADT
56,240 ADT
Existing Land Use —186
Road
ADT
Proposed Land Use 3 -
South
29,026 ADT'
27,300 ADT
2,826 ADT (171 AM Peak
Independence
Hour Vehicles; 218 PM
Boulevard
Peak Hour Vehicles
Average Daily Trips
Y as defined by 3.977 acres of PD -H1 property
3 as defined by a 74,370 square feet medical office building
STORMWATER: The concept plan does not address Stormwater Management for Quality or Quantity. The
developer should not assume that the Green Run System will address these needs.
WATER: This site must connect to City water. There is a 24 inch City main along Princess Anne Road and a
12 inch city water main along South Independence Boulevard.
SEWER: City sanitary sewer is not available to the site. The applicant will have to work with Public Utilities to
obtain sanitary sewer.
TAILWIND DEVELOPMENT GROUP, LLC / CITY OF VIRGINIA BEACH
Agenda Item 12
Page 3
EVALUATION AND RECOMMENDATION
The site was part of the Green Run Subdivision Land Plan, first as open space area and later designated
for future right-of-way improvements for the intersection of Princess Anne Road and South Independence
Boulevard. Once the improvements to the roadways were completed the property was declared excess
City property and marketed for sale. The applicant has entered into a purchase agreement with the City to
buy the site and develop it with a Class A medical office building. The site and building designs are part of
the contractual agreement. The proposed building is situated approximately 115 feet from the nearest
residential lot. A 20 foot landscaped buffer and the additional separation from residential properties
should provide sufficient buffering for the residents.
The southeast portion of the intersection is currently developed with several retail strip centers, including
Farm Fresh and Target. The southwest and northwest portions of the of the intersection were rezoned to
Conditional A-12 and A-36 Apartment and B-4 Mixed Use districts in 2007 and are not yet developed. A
larger medical complex is currently developing a little over a mile south of this request. The proposed
medical office building would not only serve the immediate surroundings, but also the medical complex to
the south.
Therefore staff recommends approval of the request subject to the proffers listed below.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
The Grantor agrees to develop the Property substantially in conformity with the Land Use Plan entitled
"Conceptual Site Layout Plan of Princess Anne Pavilion Medical Office Building, Princess Anne Rd. and
Independence Blvd., Virginia Beach, VA" (the "Plan") prepared by MSA, P.C., dated December 20, 2010,
which Plan has been exhibited to the City Council and is on file in the Department of Planning.
PROFFER 2:
In conjunction with the development of the Property, the Grantor agrees to construct a bus stop on Princess
Anne Road as depicted on the Plan in accordance with specifications provided by the Grantee.
PROFFER 3:
The external building materials and the architectural design elements of the building shall be those depicted
and described on the elevations entitled, 'Princess Anne Pavilion -Side Elevation, Front Elevation, Sign
Elevation, and Landscape Buffer, Virginia Beach, Virginia", prepared by H&A, Architects & Engineers, dated
November 20, 2010, which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (hereinafter referred to as the "Elevation").
PROFFER 4:
The predominant exterior building materials shall be brick, EIFS (exterior insulation finish system) and glass
as specified, depicted and described on the building elevations submitted to the Virginia Beach Department
TAILWIND DEVELOPMENT GROUP, LLC / CITY OF VIRGINIA BEACH
Agenda Item 12
Page 4
of Planning in conjunction with the Plan. The colors used may vary from those on the exhibits but all will be
earth tones.
PROFFER 5:
The office building to be constructed on the Property will be a maximum of fifty feet in height and will
additionally include a roof -mounted mechanical screen to be approximately ten feet in height as depicted on
the Elevation and in accordance with specifications provided by the Grantee
PROFFER 6:
All outdoor lighting on the Property will be directed downward and inward toward the interior of the Property.
Grantors shall provide a photometric plan for review/approval by the Virginia Beach Police Department or
appropriate City staff. All lighting on the site will be consistent with the standards published by the
Illumination Engineering Society of North America.
PROFFER 7:
Vehicular ingress and egress shall be limited to two entrances, with one (1) entrance with ingress and
egress from Independence Boulevard and one (1) entrance with ingress only from Princess Anne Road.
There shall be no vehicular egress onto Princess Anne Road.
PROFFER 8:
A landscaped monument style sign externally illuminated from ground level shall be constructed on the
Property adjacent to the intersection of Independence Boulevard and Princess Anne Road as depicted and
described on the signage plan (the "Signage Plan") submitted to the Virginia Beach Department of Planning
in conjunction with the Plan, which Signage Plan has been exhibited to the Virginia Beach City Council and
is on file with the Virginia Beach Department of Planning.
PROFFER 9:
The office building depicted on the Plan shall be constructed to meet or exceed the minimum standards (first
of five levels) for certification under the LEED new construction rating system.
PROFFER 10:
The parking surface on the Property will be constructed of materials that will enable the office building
project to meet or exceed the minimum standards for certification under the LEED new construction rating
system.
PROFFER 11:
The dumpster serving the office building will be located in the vicinity of the area designated as "Loading" on
the Plan and will in no event be located in close proximity to the rear property line that is contiguous to the
residential parcels.
PROFFER 12:
No communications towers may be erected on the Property.
PROFFER 13:
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.
TAILWIND DEVELOPMENT GROUP, LLC / CITY OF VIRGINIA BEACH
Agenda Item 12
Page 5
STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance
with the submitted conceptual site layout plan and elevation plans. The submitted conceptual site plan
depicts a coordinated development of the site in terms of design, parking layout, and traffic control and
circulation, and landscaping within the site. The submitted preliminary elevation plan depicts a building of
high quality materials that is complementary to existing buildings in the area.
The City Attorney's Office has reviewed the proffer agreement dated December 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.
TAILWIND DEVELOPMENT GROUP, LLC / CITY OF VIRGINIA BEACH
Agenda Item 12
Page 6
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PROPOSED SITE PLAN
TAILWIND DEVELOPMENT GROUP, LLC CITY OF V1 ' RGINIA BEACH
Agenda Item 12
Page 8
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PROPOSED SITE PLAN
TAILWIND DEVELOPMENT GROUP, LLC CITY OF V1 ' RGINIA BEACH
Agenda Item 12
Page 8
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BUILDING ELEVATION PERSPECTIVE
TAILWIND DEVELOPMENT GROUP, LLC / CITY OF VIRGINIA BEACH
Agenda Item 12
.p Page q
BUILDING ENTRANCE PERSPECTIVE
TAILWIND DEVELOPMENT GROUP, LLC / CITY OF VIRGINIA BEACH
Agenda Item 12
Page 10
BUILDING ELEVATION - PRINCESS ANNE ROAD
TAILWIND DEVELOPMENT GROUP, LLC / CITY OF VIRGINIA BEACH
Agenda Item 12
Page 11
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BUILDING ELEVATION - SOUTH INDEPENDENCE BOULEVARD,,
TAILWIND DEVELOPMENT GROUP, LLC / CITY OF VIRGINIA BEACH
Agenda Item 12.
Page 12
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LANDSCAPE BUFFER
TAILWIND DEVELOPMENT GROUP, LLC / CITY OF VIRGINIA BEACHt
Agenda Item 1.2
Page 13
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SIGN ELEVATION
TAILWIND DEVELOPMENT GROUP, LLC / CITY OF VIRGINIA BEACH
Agenda Item 12
Page 14
#
DATE
REQUEST
ACTION
1
3/11/65
Green Run Land Use Plan — PDH
Approved
6/14/71
Modification to the land use plan
Approved
11/25/74
Modification to the land use plan
Approved
1/11/82
Rezoning (PDH to PDH1)
Approved
12/12/88
Modification to the land use plan
Approved
12/15/92
Modification to the land use plan
Approved
7/9/96
Modification to the land use plan
Approved
2
6/9/98
Subdivision Variance
I Approved
3.
6/26/07
Rezoning (R-10 & R -51D Residential to
Approved
Conditional A-12 & A-36 Apartment and B-4
Mixed Use with a PD -1-12 Overlay)
ZONING HISTORY
TAILWIND DEVELOPMENT GROUP, LLC / CITY OF VIRGINIA BEACH
,Agenda Iterr) 12
Page 15
plSCLOSURE 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)
r2.
hNind Development Group, LLC: Jeffrey Parker, Thomas Atherton, Michael Ashe and Scott Alperin
List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
None.
❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
City of Virginia Beach
2. List all businesses that have arent-subsidiary' ' or affiliated business entity2
pa rY
relationship with the applicant: (Attach list if necessary)
NIA
❑ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
8 See next page for footnotes
L_ . (D
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes _ No x
If yes, what is the name of the official or employee and the nature of their interest?
NIA
Razorang Application
Page B of 10
Revised 11/11/2006
DISCLOSURE STATEMENT
TAILWIND DEVELOPMENT GROUP, LLC / CITY OF VIRGINIA BEACH
Agenda Items 12
Page 16
0
z
z
0
N
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)
ANArchitects & Engineers - Architecture
ME B Contractors- General Contractor
Hickman Ambrose - Mechanical, Electrical & Plumbing
Sinclair Pratt Cameron -Structural Engineer
MSA, P.C. - Civil Engineer
Scott N. Alperin, P.C. - Legal
The Katsias Company - Real Estate
' "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.
i "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 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 dose 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 hes been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subod property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersign so consents to entry upon the subject property by employees of the Department of
Planning to ograph and view the site for purposes of processing and evaluating this application.
Tailwind Development Group, LLC
A rd's Signature Print Name
SFc AnpcgEp AattEcmtwN eC S"� City of Virginia Beach
Property Owner's Signature (if different than applicant) Print Name
Retonfng Appecaaon
Page 10 of 10
Rav sed 11/11/06
DISCLOSURE STATEMENT
w
TAILWIND DEVELOPMENT GROUP, LLC / CITY OF VIRGINIA BEACH
Agenda Item 12
Page 17
Item #12
Tailwind Development Group, L.L.C.
Conditional Change of Zoning
Northwest Corner of South Independence and Princess Anne
District 3
Rose Hall
January 12, 2011
CONSENT
An application of Tailwind Development Group, L.L.C. for a Conditional Change of Zoning (from PD -H1 Planned Unit
Development to 0-2 Office) on property located on the northwest corner of South Independence and Princess
Anne, District 3, Rose Hall. GPIN: 14851690650000.
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 Grantor agrees to develop the Property substantially in conformity with the Land Use Plan entitled "Conceptual
Site Layout Plan of Princess Anne Pavilion Medical Office Building, Princess Anne Rd. and Independence Blvd., Virginia
Beach, VA" (the "Plan") prepared by MSA, P.C., dated December 20, 2010, which Plan has been exhibited to the City
Council and is on file in the Department of Planning.
PROFFER 2:
In conjunction with the development of the Property, the Grantor agrees to construct a bus stop on Princess Anne
Road as depicted on the Plan in accordance with specifications provided by the Grantee.
PROFFER 3:
The external building materials and the architectural design elements of the building shall be those depicted and
described on the elevations entitled, "Princess Anne Pavilion -Side Elevation, Front Elevation, Sign Elevation, and
Landscape Buffer, Virginia Beach, Virginia", prepared by H&A, Architects & Engineers, dated November 20, 2010, which
has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning
(hereinafter referred to as the "Elevation").
PROFFER 4:
The predominant exterior building materials shall be brick, EIFS (exterior insulation finish system) and glass as
specified, depicted and described on the building elevations submitted to the Virginia Beach Department of Planning in
conjunction with the Plan. The colors used may vary from those on the exhibits but all will be earth tones.
PROFFER 5:
The office building to be constructed on the Property will be a maximum of fifty feet in height and will additionally
include a roof -mounted mechanical screen to be approximately ten feet in height as depicted on the Elevation and in
accordance with specifications provided by the Grantee
PROFFER 6:
All outdoor lighting on the Property will be directed downward and inward toward the interior of the Property.
Grantors shall provide a photometric plan for review/approval by the Virginia Beach Police Department or appropriate
Item #12
Tailwind Development Group, L.L.C.
Page 2
City staff. All lighting on the site will be consistent with the standards published by the Illumination Engineering
Society of North America.
PROFFER 7:
Vehicular ingress and egress shall be limited to two entrances, with one (1) entrance with ingress and egress from
Independence Boulevard and one (1) entrance with ingress only from Princess Anne Road. There shall be no vehicular
egress onto Princess Anne Road.
PROFFER 8:
A landscaped monument style sign externally illuminated from ground level shall be constructed on the Property
adjacent to the intersection of Independence Boulevard and Princess Anne Road as depicted and described on the
signage plan (the "Signage Plan") submitted to the Virginia Beach Department of Planning in conjunction with the Plan,
which Signage Plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning.
PROFFER 9:
The office building depicted on the Plan shall be constructed to meet or exceed the minimum standards (first of five
levels) for certification under the LEED new construction rating system.
PROFFER 10:
The parking surface on the Property will be constructed of materials that will enable the office building project to meet
or exceed the minimum standards for certification under the LEED new construction rating system.
PROFFER 11:
The dumpster serving the office building will be located in the vicinity of the area designated as "Loading" on the Plan
and will in no event be located in close proximity to the rear property line that is contiguous to the residential parcels.
PROFFER 12:
No communications towers may be erected on the Property.
PROFFER 13:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable
City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements.
STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the
submitted conceptual site layout plan and elevation plans. The submitted conceptual site plan depicts a coordinated
development of the site in terms of design, parking layout and traffic control and circulation, and landscaping within
the site. The submitted preliminary elevation plan depicts a building of high quality materials that is complementary to
existing buildings in the area.
The City Attorney's Office has reviewed the proffer agreement dated December 20, 2010, and found it to be legally
sufficient and in acceptable legal form.
Item #12
Tailwind Development Group, L.L.C.
Page 3
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 (OPTED) concepts and strategies as
they pertain to this site.
By a vote of 11-0, the Board approved item 12 for consent.
Scott Alperin appeared on behalf of the applicant.
AYE 11 NAY 0 ABS 0 ABSENT 0
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HODGSON
AYE
HORSLEY
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
THORNTON
AYE
By a vote of 11-0, the Board approved item 12 for consent.
Scott Alperin appeared on behalf of the applicant.
In Reply Refer To Our File No. DF -7828
TO: Mark D. Stiles
FROM: B. Kay Wilsd4
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: January 26, 2011
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Tailwind Development Group, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on February 8, 2011. 1 have reviewed the subject proffer agreement, dated
December 28, 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✓
TAILWIND DEVELOPMENT GROUP, LLC, a Virginia limited liability company
and
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 28`h day of December, 2010, by and among
TAILWIND DEVELOPMENT GROUP, LLC, a Virginia limited liability company and
THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia (collectively referred to herein as "Grantor"); and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia (referred to herein as
"Grantee").
WITNESSETH:
WHEREAS, the City of Virginia Beach is the holder of legal title to, and Tailwind
Development Group, LLC is the contract purchaser of, a certain parcel of property located in
the Rose Hall District of the City of Virginia Beach, containing approximately 3.977 acres in
total, and more particularly described in Exhibit "A" attached hereto and incorporated herein
by this reference. Said Parcel shall be hereinafter referred to as the "Property"; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of
the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee, so as
to change the Zoning Classification of the Property from PDH1 Planned Unit
Development District to Conditional 0-2 Office 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 the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of the
-I-
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:1485-16-9065
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 0-2 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, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any element
of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision.
approval, hereby makes the following declaration of conditions and restrictions 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 Property and upon all parties and persons claiming
under or through the Grantor, its successors, personal representatives, assigns, grantee, and
other successors in interest or title and which will not be required of the Grantor until the
Property is developed:
1. The Grantor agrees to develop the Property substantially in conformity with
the Land Use Plan entitled "Conceptual Site Layout Plan of Princess Anne Pavilion Medical
Office Building, Princess Anne Rd. and Independence Blvd., Virginia Beach, VA " (the "Plan")
_2_
prepared by MSA, P.C., dated December 20, 2010, which Plan has been exhibited to the City
Council and is on file in the Department of Planning.
2. In conjunction with the development of the Property, the Grantor agrees to
construct a bus stop on Princess Anne Road as depicted on the Plan in accordance with
specifications provided by the Grantee.
3. The external building materials and the architectural design elements of the
building shall be those depicted and described on the elevations entitled, "Princess Anne
Pavilion -Side Elevation, Front Elevation, Sign Elevation, and Landscape Buffer, Virginia Beach,
Virginia", prepared by H&A, Architects & Engineers, dated November 20, 2010, which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (hereinafter referred to as the "Elevation")
4. The predominant exterior building materials shall be brick, EIFS (exterior
insulation finish system) and glass as specified, depicted and described on the building
elevations submitted to the Virginia Beach Department of Planning in conjunction with the
Plan. The colors used may vary from those on the exhibits but all will be earth tones.
5. The office building to be constructed on the Property will be a maximum of
fifty feet in height
and will additionally include a roof -mounted
mechanical screen
to be
approximately ten
feet in height as depicted on the Elevation
and in accordance
with
specifications provided by the Grantee
6. All outdoor lighting on the Property will be directed downward and inward
toward the interior of the Property. Grantors shall provide a photometric plan for
review/approval by the Virginia Beach Police Department or appropriate City staff. All
lighting on the site will be consistent with the standards published by the Illumination
Engineering Society of North America.
7. Vehicular ingress and egress shall be limited to two entrances, with one (1)
entrance with ingress and egress from Independence Boulevard and one (1) entrance with
ingress only from Princess Anne Road. There shall be no vehicular egress onto Princess Anne
Road.
-3-
8. A landscaped monument style sign externally illuminated from ground level
shall be constructed on the Property adjacent to the intersection of Independence Boulevard
and Princess Anne Road as depicted and described on the signage plan (the "Signage Plan")
submitted to the Virginia Beach Department of Planning in conjunction with the Plan, which
Signage Plan has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning.
9. The office building depicted on the Plan shall be constructed to meet or exceed
the minimum standards (first of five levels) for certification under the LEED new construction
rating system.
10. The parking surface on the Property will be constructed of materials that will
enable the office building project to meet or exceed the minimum standards for certification
under the LEED new construction rating system.
11. The dumpster serving the office building will be located in the vicinity of the
area designated as "Loading" on the Plan and will in no event be located in close proximity to
the rear property line that is contiguous to the residential parcels.
12. No communications towers may be erected on the Property.
13. 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.
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 Property at the time of recordation of such instrument, provided
_4_
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:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including
the authority (a) to order, in writing, that any noncompliance with such conditions be
remedied; and (b) to bring legal action or suit to insure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages, or other appropriate
action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
_ (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantor 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 Grantor and the Grantee.
[SIGNATURE PAGES FOLLOW]
_s_
WITNESS the following signature and seal:
GRANTOR:
TAILWIND DEVELOPMENT GROUP, LLC,
A Virginia limited liability company
iAAV;,A!t,_ -
Print �
LI ♦ I r ��
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The fore goin instrument was acknowledged before me this�ay of December,
2010, by CG�4''ilJ v1 Member of Tailwind Development
Group, LLC, a Virginia limited liabili company, on behalf of the Company.
DANIELLE CARTYY RIG1 92297
Notary PUbI' -Reg
Corn onwealth of; 1r 3 nia
2012
MyCorta►�ionE
My Commission Expires:
CITY OF VI IA BEACH
By. (SEAL)
City Manager
Authorized Designee of City Manager
(SEAL)
ATTEST:
Ruth Hodges Smirti4-Mfg
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day
2010, by"a , CI /AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
otary Public
My Commission Expires: FNW
Notary feu k
Cw-onwsollh of v rginio
STATE OF VIRGINIA M Cammm bwe, Dec. 31, 2010
CITY OF VIRGINIA BEACH, to -wit: Wskafipn 324416' J
The foregoing instrument was acknowledged before me this c;�'V day
Of F"'asar—
iuLl/al� , 2010, by RUTH HODGES 'H, C' y Clerk for the CITY OF
VIRGINIA BEACH.
/Z-C
NPublic
My Commission Expires:
_7-
AMANDA F*414kAYIM
Nowy PWk
Com ""WAnhh of Yw9wo
AVCowwwwion b0ft ou. 31, MO
AN4kMion % 324416
EXHIBIT "A"
Legal Description
All that certain tract, piece or parcel of land, together with any improvements thereon and all
appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach,
Virginia, Virginia and being designated and described as PARCEL E-3 AREA = 4.250 ACRES
on that certain plat entitled "Green Run P.U.D. SUBDIVISION SECTION E-3, PART 5
KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", signed by W. Page Cockrell,
Land Surveyor, on November 29, 1982, prepared by Talbot & Associates, Ltd., Engineers -
Architects -Planners -Surveyors, Virginia beach, Virginia, duly recorded in the Clerk's Office of
the Circuit Court of the City of Virginia beach, Virginia, in Map Book 163, at page 17,
reference to which plat is hereby made for a more particular description of said property.
-8-
M ilitary Aviation,Museum,
() STAFF RECOMMENDED SIGN LOCATION APPLICANT'S PROPOSED SM LOCATION
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Authorizing Roadside Guide Signs for the Military Aviation
Museum, 1341 Princess Anne Road, PRINCESS ANNE DISTRICT. A total of
seven signs are requested to be located in the BEACH DISTRICT and the
PRINCESS ANNE DISTRICT.
MEETING DATE: February 8, 2011
■ Background:
On March 9, 2010, City Council amended the City Zoning Ordinance by adding
Section 211.1 which allows not -for- profit cultural, literary, scientific and artistic
establishments to apply for roadside guide signs to be placed in the city right-of-
way directing patrons to their establishment. This is a request by the Military
Aviation Museum, a 501(c)(3) non-profit foundation, to erect seven roadside
guide signs from the 1-264 exit south at First Colonial Road/Oceana Boulevard
and from the Resort Oceanfront Area to the Military Aviation Museum
approximately 12 miles to the south.
■ Considerations:
The applicant has submitted a drawing of the proposed roadside guide sign. The
sign has the standard brown background with white lettering and white graphics;
however, it does not meet the requirements of Section 211.1. A roadside guide
sign cannot be larger than five square feet and needs a directional arrow. Seven
signs are proposed as shown on the attached maps and described in the
applicant's letter. Staff notes that Section 211.1(d) of the Zoning Ordinance
allows no more than three roadside guide signs per establishment, except where
City Council finds that three signs are insufficient to provide motorists with
adequate guidance to the establishment.
■ Recommendations:
The Traffic Engineer and Planning Staff have reviewed the request. Staff,
concerned about a proliferation of roadside guide signs and potential conflicts
with public safety signs, would like to reduce the number of roadside guide signs
for this use to three. It is recommended that three signs be permitted at the major
turn offs along the route south to the museum as follows:
Roadside Guide Signs
Page 2 of 3
a. Sign #1 located at Oceana Boulevard and General Booth Boulevard for
traffic traveling south on Oceana Boulevard.
b. Sign #2 located at the intersection of General Booth Boulevard and
Princess Anne Road, to direct traffic traveling south on General Booth
Boulevard to turn left onto Princess Anne Road and travel south.
c. Sign #3 at the intersection of Princess Anne Road and Sandbridge Road,
directing traffic to turn right and continue southbound on Princess Anne
Road.
Staff discussed the recommended reduction to three signs with the applicant.
The Military Aviation Museum feels that seven signs are needed because their
location is so far south of 1-264 and the Resort Oceanfront Area, with many turns
and twists along the way. They would like to move forward and present their
plan for seven signs to the City Council.
The applicant also desires to discuss placing two yellow warning signs along
Princess Anne Road near the entrance to the Aviation Museum; one directed at
traffic traveling south and one directed at traffic traveling north. The warning
signs would caution drivers about "Low Flying Warbirds." The applicant erected
such signs in the past, but they were removed by the City staff since they were
unauthorized signs in the public right-of-way. A picture of the warning signs is
attached. Such a warning sign is not part of the Roadside Guide Sign application;
however, the applicant would like to discuss the need for such signs.
Staff is opposed to the proposed warning signs. Such signs do not meet Federal
guidelines and there is no indication that there is a problem with low flying planes
that warrants a regulatory sign. The use of the word "Warbirds," is more an
advertisement for the museum than a necessary warning sign meeting Federal
standards.
Staff recommends that the City Council approve three roadside guide signs
subject to the conditions listed below;
1. Three roadside guide signs are approved as follows;
a. Sign #1 at Oceana Boulevard and General Booth Boulevard for traffic
traveling south on Oceana Boulevard.
b. Sign #2 located at the intersection of General Booth Boulevard and
Princess Anne Road, to direct traffic traveling south on General Booth
Boulevard to turn left onto Princess Anne Road and travel south.
c. Sign #3 at the intersection of Princess Anne Road and Sandbridge Road,
directing traffic to turn right and continue southbound on Princess Anne
Road.
The general location of these signs is shown as a red pentagon labeled "Staff
Recommended Sign Location" on the attached map entitled, "Military Aviation
Museum."
Roadside Guide Signs
Page 3 of 3
2. The roadside guide
the design must be
elevation submitted
and must be revised;
signs must meet all requirements of Section 211.1 and
approved by Traffic Engineering. The submitted sign
by the applicant with this application is not acceptable
I Sign and sign post materials shall meet specifications in the Public Works
Standards for use in the public right-of-way;
4. Prior to installation of any roadside guide sign, the applicant shall meet with
the Traffic Engineer or his designee to determine exact locations and avoid
conflicts with any existing signs. The signs must be made and installed by the
applicant in compliance with all conditions;
5. Prior to erecting any sign, the applicant shall provide the Zoning Administrator
with a copy of a liability insurance policy naming the City as co-insured on the
policy for the signs;
6. The signs shall be installed with a maximum height of 9.5' above ground level
and shall have a minimum clearance of seven feet;
7. The applicant shall maintain the signs in good condition at all times. Any sign
not in good condition shall be subject to removal and disposal by the
Department of Public Works; and
8. The Department of Public Works may relocate any sign if necessary to
accommodate public signage requirements.
Note: Two resolutions for approval are attached. One is labeled "Staff
Recommendation" and approves three signs. The resolution labeled "As
Requested by Applicant" approves seven signs.
■ Attachments:
Location Map
Letter from the Military Aviation Museum
Applicant's Sign
Disclosure Statement
Copy of Section 211.1 of the CZO
2 Resolutions
Picture of "Low Flying Warbirds" Sign
Recommended Action: Staff recommends approval of three roadside guide signs as shown
on the attached map. The resolution labeled "Staff Recomm ndation" reflects approval of three
key directional signs, rather than seven as requested by thpplicant.
Submitting Department/Agency: Planning Department
City Manager: )( �y Oki
U
S
Military Aviation Museum - 1341 Princess Anne Road - Virginia Beach, VA 23457 - Phone: (757) 721-7767
October 25, 2010 WKW.M11Adr'AviationMuseum.org
Ms. Karen Lasley
Zoning Administrator
City of Virginia Beach
2405 Courthouse Dr. Room 100
Virginia Beach, VA 23456
Re: Aviation Museum Roadside Guide Signs
Dear Ms. Lasley:
When we met and talked several weeks ago, you suggested that I submit my request to you in writing, which I am
now doing. As you are aware, our museum is in a remote area of Virginia Beach with many turns and twists from
the better known tourist sections of the oceanfront. We often hear from visitors that they become lost among the
multiple turns required to find their way to Pungo and eventually beyond to our museum destination. We can just
imagine the number that become frustrated, give up, and return back to the security of their oceanfront hotel
rooms. The city's recent ordinance (Ord. No. 3119) seems to be the ideal solution for exactly this problem. Since
our museum is operated as a 501 (c) (3) non-profit foundation, it would seem to qualify for this new program.
Earlier last year, I expressed our concern to Rich Burges (804-225-4903) of the Virginia Department of
Transportation (VDOT) about visiting tourists not being able to find their way to our museum. We discussed the
possibility of the placement of a brown "tourist information sign" at one of the exits of Interstate 264. This is
identical to what the Sandler Center, Coast Guard Station Museum, Contemporary Art Center of Virginia, Marine
Science Center Museum, and many other attractions have near their closest exit on 1-264. He was in complete
agreement with this and thought it to be a viable solution, but the only way that this could be done is to have the
city add some directional signs from the off ramp, so that the driver does not feel abandoned and lost after leaving
the Interstate. We discussed different exits and agreed that the best and most direct one might be at First Colonial
Road, then southbound across Virginia Beach Boulevard, and down Oceana Boulevard past the Oceana Naval
Air Station. This would be the most direct path and have the least number of required turns. Therefore, if we are
allowed to erect such Roadside Trail Blazer signs from the interstate to the Aviation Museum, then VDOT has
assured me that they will permit a brown tourist attraction sign at the 264 exit near Hill Top.
VDOT Signs - Southbound at First Colonial Road exit, across Virginia Beach Boulevard, south on Oceana
Boulevard, and past the Oceana Naval Air Station
Sign 1 - Oceana Boulevard and right turn on General Booth Boulevard
This would also pick up those drivers coming from Atlantic Avenue and driving down General Booth Boulevard
Sign 2 - General Booth Boulevard runs head-on into Princess Anne Road and requires a 90 degree left turn at
the 7-11 store
Sign 3 - Where Princess Anne Road turns 90 degrees right and southbound to Pungo and not to Sandbridge
So, perhaps it could also be something like a sign for every two miles distance to the destination. For us, it is
approximately twelve miles from Interstate 264 to the aviation museum. There should maybe also be some
reassuring signs that the driver is on the right path after two to three miles of not seeing any turn signs (Sign 4.
past Oceana base, Sign 5. half way down General Booth, Sign 6. downtown Pungo stoplight, etc.). Then again,
just one more sign (* 7), might direct different tourist guests from the hotels to drive over the Rudi Inlet bridge and
join up with the others coming from the Interstate and along Oceana Boulevard. Another suggestion would be at
any 90 degree turn or every two miles distance, whichever is less.
Corporate Offices - 4455 South Boulevard - Virginia Beach, VA 23452
Phone: (757) 490-3157 - Fax: (757) 497-8083
The Little Theater of Virginia Beach (Just a few blocks from the Virginia Beach Oceanfront ... on the corner of
24th Street and Barberton Avenue) is less than a mile from either the oceanfront or the Interstate, so they did not
require much in the way of any continuing directions. Wish that we had an easy suggestion as to how to limit
endless signs, but there must be some way of balancing adequate directions with unneeded and cluttered
advertising. However, the non-profit requirement would limit most of that.
Like all good citizens in our community, we are also very cognizance of too many signs that might clutter up our
landscape. Therefore, if we have to be limited to a maximum of three signs, then we can live with that, as
currently we do not have any signs and three is much better than none. We do have a lot of visitors that come to
the museum each day and especially during the summer months when the hotels fill up with tourists. It seems that
Tuesday and Wednesday are great days for us, as they have had enough sun by then, and are looking to do
something indoors. We have a suggestion box at the museum and one of the most frequent comments is about
getting lost on the way from the ocean front to the museum airport. It seems that the biggest problem is all the
unexpected turns along the route. In order to try and help alleviate this problem, we recently bought a World War
Two era red British double decker bus to bring visitors to our museum from 24th Street and Atlantic, but have only
met with limited success.
Last Thanksgiving, we had over a thousand people come visit us for our Trains and Planes exhibit in our Navy
hangar where we had model railroad exhibits set up. Santa flew in to meet the kids in a brightly colored biplane.
Many of the visitors had never been to the museum before and we had a lot of cell phone calls for directions
along the way. Luckily Santa knew how to find his way there, as Barry Knight had brought him the year before in
his helicopter.
An additional problem that came to light this past summer was the number of cars that missed our entrance and
continued past to then turn right onto Vaughn Road and find a place to turn around away from the busy and fast
moving traffic on Princess Anne Road. Most often they do this in the driveways of Tom Baker and our other
neighbors along Vaughn Road. These friendly home owners all seem to like our museum, but do not appreciate
being a turn area for confused visitors that missed our entranceway.
What we would like to also suggest is to place a small informational airport sign as the drivers approach the
airport entrance, especially approaching from the northern part of the city, where the turn in is hidden by trees.
This might also address another safety problem that we have previously tried to correct. As planes approach
from the east and cross low over Princess Anne Road to land on our East-West grass runway, they sometimes
startle drivers that are not aware of the approaching airport with its nearby runway. I have had frightened drivers
rush into the museum to inform us that they were surprised and frightened by such a low landing airplane and
thought of it as a safety hazard. We at one time erected some caution signs about our low flying airplanes, but
were informed that these were illegal without prior city permission, so they were confiscated and disappeared.
Therefore, an airport sign along both sides of Princess Anne Road might also correct the Vaughn Road problem
and that of sudden low approaching airplanes. They really are not that low, but only appear to be so from such a
sideways cross view.
We would like to request your assistance in applying for the approval of these informational Road Guide signs to
lead visiting tourists and even our own local residents to find their way to this wonderful attraction that we have
established in our community. Virginia Beach and Tidewater has a rich tradition of military aviation and
something that we often take for granted. We always hear praise and compliments about our preservation of
aviation history and these marvelous airplanes from the first half of the last century. However, what we hear the
most is that they had no idea that such a museum existed there in such a remote part of our city. Thank you for
making it easier for all to find without getting lost and confused along the way.
Sindrely,
Mtypry.Aviation Museum
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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)
Military Aviation Museum: Gerald Yagen, President/Secretary of this 501(c)(3)
corporation
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 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)
Virginia Beach Airport, L.L.C.: Gerald Yagen, Member; Ruth Elaine Yagen,
Member
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. It
see next page for footnotes
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Sykes, Bourdon, Ahern & Levy, P.C.
KCI Technologies
Kaufman & Canoles, P.C.
Linda Parrett Associates, Interior Designs
' "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 twc
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 hat, upon receipt of notification (postcard) that the application has been
scheduleWr public hearing, d
Wit
Gerald Yagen, President
Print Name
virgin" L.C.
By: Gerald Yagen, Member
ProptOWwners Signature (if different than applicant) Print Name
Sec. 211.1. Roadside guide signs.
Roadside guide signs shall be permitted, subject to the following provisions:
(a) Signs shall be allowed only by resolution of the city council upon the application of the owner or
operator of a use or establishment operated exclusively for cultural, literary, scientific or artistic purposes
and on a not-for-profit basis;
(b) Applications for such signs, which shall include an application fee in the amount of two hundred fifty
dollars ($250.00), shall be made to the director of planning on forms prescribed by him;
(c) No signs shall be larger than five (5) square feet in area or higher than nine and one-half (9%2) feet
above ground level, and all such signs shall have a minimum clearance from ground level to the bottom
of the sign face of seven (7) feet;
(d) No use or establishment shall be the subject of more than three (3) roadside guide signs; provided,
however, that the city council may allow additional signs if it finds that three (3) signs are insufficient to
provide motorists with adequate guidance to the use or establishment;
(e) Only the name of the use or establishment, a logo or other graphic symbol indicating the type of use
or establishment, a directional arrow and the mileage to the use or establishment may be displayed. The
lettering, graphic elements and background shall be approved by the director of public works or his
designee in accordance with the standards for such signage adopted by the department of public works;
(f) Signs shall be erected only in the specific locations approved by the city council as necessary to
provide route confirmation and continuity of guidance to the use or establishment. The department of
public works may relocate a sign if necessary to accommodate public signage requirements; and
(g) Signs shall be maintained in good condition at all times. Any sign not in good condition shall be
subject to removal and disposal by the department of public works.
(Ord. No. 3119, 3-9-10)
http://Iibraryl.municode.com/default-test/home htm?infobase=10122&doc action=whatsnew
1 STAFF RECOMMENDATION
2
3 A RESOLUTION AUTHORIZING ROADSIDE
4 GUIDE SIGNS FOR THE MILITARY
5 AVIATION MUSEUM, 1341 PRINCESS ANNE
6 ROAD (PRINCESS ANNE DISTRICT)
7
8 WHEREAS, the Military Aviation Museum, (hereinafter the "Applicant), located at
9 1341 Princess Anne Road (Princess Anne District), is an establishment operated
10 exclusively for cultural and artistic purposes on a not-for-profit basis; and
11
12 WHEREAS, the Applicant has requested that it be allowed to erect five (7)
13 roadside guide signs in the public rights-of-way along General Booth Boulevard,
14 Oceana Boulevard and Princess Anne Road in order to provide directions to the Military
15 Aviation Museum for the benefit of motorists unfamiliar with its location; and
16
17 WHEREAS, the City Council finds that three (3) roadside guide signs are
18 sufficient to provide motorists with adequate guidance to the Military Aviation Museum;
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
23 That the placement of roadside guide signs by the Applicant is hereby
24 authorized, upon the following conditions:
25
26 1. Three roadside guide signs are approved as follows, and upon the following
27 conditions:
28
29 a. One sign at Oceana Boulevard and General Booth Boulevard for traffic
30 traveling south on Oceana Boulevard.
31
32 b. One sign at the intersection of General Booth Boulevard and Princess
33 Anne Road, to direct traffic traveling south on General Booth Boulevard to
34 turn left onto Princess Anne Road and travel south.
35
36 c. One sign at the intersection of Princess Anne Road and Sandbridge Road,
37 directing traffic to turn right and continue southbound on Princess Anne
38 Road.
39
40 The general location of these signs is shown as a red pentagon labeled "Staff
41 Recommended Sign Location" on the attached map entitled, "Military Aviation
42 Museum."
43
44 2. The roadside guide signs must meet all requirements of Section 211.1 and
45 the design must be approved by Traffic Engineering. The submitted sign
46 elevation submitted by the applicant with this application is not acceptable
47 and must be revised;
1
1 AS REQUESTED BY APPLICANT
2
3 A RESOLUTION AUTHORIZING ROADSIDE
4 GUIDE SIGNS FOR THE MILITARY
5 AVIATION MUSEUM, 1341 PRINCESS ANNE
6 ROAD (PRINCESS ANNE DISTRICT)
7
8 WHEREAS, the Military Aviation Museum, (hereinafter the "Applicant), located at
9 1341 Princess Anne Road (Princess Anne District), is an establishment operated
10 exclusively for cultural and artistic purposes on a not-for-profit basis; and
11
12 WHEREAS, the Applicant has requested that it be allowed to erect five (7)
13 roadside guide signs in the public rights-of-way along General Booth Boulevard,
14 Oceana Boulevard and Princess Anne Road in order to provide directions to the Military
15 Aviation Museum for the benefit of motorists unfamiliar with its location; and
16
17 WHEREAS, the City Council finds that three (3) roadside guide signs are not
18 sufficient to provide motorists with adequate guidance to the Military Aviation Museum
19 and that seven (7) signs as conditioned below will provide adequate guidance;
20
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 That the placement of roadside guide signs by the Applicant is hereby
25 authorized, upon the following conditions:
26
27 Seven roadside guide signs are approved as follows, and upon the following
28 conditions:
29
30 1. The general location of these signs is shown on the map labeled, "Military
31 Aviation Museum." Said map, attached hereto, has been exhibited to City
32 Council and is on file in the Planning Department;"
33
34 2. The roadside guide signs must meet all requirements of Section 211.1 and
35 the design must be approved by Traffic Engineering. The submitted sign
36 elevation submitted by the applicant with this application is not acceptable
37 and must be revised;
38
39 3. Sign and sign post materials shall meet specifications in the Public Works
40 Standards for use in the public right-of-way;
41
42 4. Prior to installation of any roadside guide sign, the applicant shall meet with
43 the Traffic Engineer or his designee to determine exact locations and avoid
44 conflicts with any existing signs. The signs must be made and installed by the
45 applicant in compliance with all conditions;
46
47 5. Prior to erecting any sign, the applicant shall provide the Zoning Administrator
48 with a copy of a liability insurance policy naming the City as co-insured on the
49 policy for the signs;
50
51 6. The signs shall be installed with a maximum height of 9.5' above ground level
52 and shall have a minimum clearance of seven feet;
53
54 7. The applicant shall maintain the signs in good condition at all times. Any sign
55 not in good condition shall be subject to removal and disposal by the
56 Department of Public Works; and
57
58 8. The Department of Public Works may relocate any sign if necessary to
59 accommodate public signage requirements.
60
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:
Planning 4
epartment City Attorney's Office
CA11788
R-2
January 27, 2011
2
Item V -K. 6.
PLANNING ITEM # 59646
Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, BY
CONSENT Ordinances upon application of BONNEY G. BRIGHT at Princess Anne and Pocahontas
Club Roads re Closure of an unimproved southernmost portion of Pocahontas Club Road and
Conditional Use Permit to expand excavation at an existing borrow bit:
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance approving the application of BONNEY G. BRIGHT, for the
closure of an unimproved portion of West Pocahontas Club Road, GPIN
# Adjacent to 2317801537 and 2316896801.
DISTRICT 7 - PRINCESS ANNE DISTRICT
The following conditions shall be required:
1. The City Attorney's Office will make the final determination regarding ownership of the
underlying fee. The purchase price to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved
by City Council. Copies of the Policy are available in the Planning Department.
2. The applicant shall re -subdivide the property and vacate internal lot lines to incorporate the
closed area into the adjoining parcels. The plat must be submitted and approved for recordation
prior to final street closure approval.
3. The applicant shall provide a cul-de-sac on his property to accommodate vehicles traveling the
roadway.
4. The applicant shall verify that no private utilities exist within the right-of-way proposed for
closure. Preliminary comments from the utility companies indicate that there are no private
utilities within the right-of-way proposed for closure. If private utilities do exist, easements
satisfactory to the utility company must be provided.
5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions
within 365 days of approval by City Council (February 8, 2011). If the conditions noted above
are not accomplished and the final plat is not approved within one (1) year of the City Council
vote to close the right-of-way, this approval shall be considered null and void.
A ND,
February 9, 2010
M.,
Item V -K. 6.
PLANNING ITEM # 59646 (Continued)
Voting: 9-0 (By Consent)
Council Members Voting Aye:
Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer,
Barbara M. Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor William D. Sessoms, Jr.,
Council Members Absent:
None
Mayor Sessoms DISCLOSED as an Officer of TowneBank (which has a corporate office located at 297
Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's
transactions. Mayor Sessoms ABSTAINED on Item K6 (BONNEY G. BRIGHT).
February 9, 2010
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance extending the date for satisfying the conditions in the matter
of the application of Bonney G. Bright, for the closure of the unimproved
southernmost portion of Pocahontas Club Road. DISTRICT 7 — PRINCESS
ANNE
MEETING DATE: February 8, 2011
■ Background: On February 9, 2010, City Council approved Bonney G. Bright's
application (the "Applicant") to close the unimproved southernmost portion of
Pocahontas Club Road which abuts the southeastern portion of his property. The
Applicant intends to incorporate the closed portion of the right-of-way into his adjoining
property for an expansion of the Applicant's existing borrow pit.
■ Considerations:
There were five conditions to the approval of the street closure:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City shall be
determined according to the "Policy Regarding Purchase of City's Interest in Streets
Pursuant to Street Closures," approved by City Council. Copies of the policy are
available in the Planning Department.
2. The Applicant shall re -subdivide the property and vacate internal lot lines
to incorporate the closed area into the adjoining parcels. The plat must be submitted
and approved for recordation prior to final street closure approval.
3. A cul-de-sac or other City approved turn -around configuration suitable for
trash collection and emergency service vehicles must be constructed by the Applicant at
the new end of Pocohontas Club Road public right-of-way. Said cul-de-sac or other city
approved turn -around configuration shall be dedicated to the City.
4. The Applicant shall verify that no private utilities exist within the right-of-
way proposed for closure. Preliminary comments from the utility companies indicate that
there are no private utilities within the right-of-way proposed for closure. If private
utilities do exist, easements satisfactory to the utility company must be provided.
5. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If the conditions
noted above are not accomplished and the final plat is not approved within one year of
the City Council vote to close the right-of-way this approval shall be considered null and
void.
On January 10, 2011, the Applicant requested an extension of time to satisfy the
conditions 2, 3 and 4. Staff concludes that the request for additional time is reasonable.
■ Recommendations:
Allow an extension of 90 days for satisfaction of the conditions.
■ Attachments:
Staff Review
Location Map
Disclosure Statement
Planning Commission Minutes
Ordinance
Recommended Action: Staff recommends approval of ordinance granting a 90 day extension.
Submitting Department/Agency: Planning Department
City Manager: K-'4 W.
1 AN ORDINANCE EXTENDING THE DATE FOR
2 SATISFYING CONDITIONS IN THE MATTER OF
3 THE APPLICATION OF BONNEY G. BRIGHT, FOR
4 THE CLOSURE OF THE UNIMPROVED
5 SOUTHERNMOST PORTION OF POCAHONTAS
6 CLUB ROAD
7
8
9 WHEREAS, on February 9, 2010, the Council of the City of Virginia Beach
10 acted upon the application of Bonney G. Bright (the "Applicant"), for the closure of the
11 unimproved southernmost portion of Pocahontas Club Road, as shown on Exhibit "A";
12 and
13
14 WHEREAS, on February 9, 2010 the Council adopted an Ordinance to
15 close the aforesaid road, subject to certain conditions being met on or before February
16 8, 2011; and
17
18 WHEREAS, on January 10, 2011, the applicant requested an extension of
19 time to satisfy the conditions attached to the aforesaid street closure.
20
21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
22 Virginia Beach, Virginia:
23
24 That the date for meeting conditions of closure as stated in the Ordinance
25 adopted on February 9, 2010, upon application of Bonney G. Bright, is extended to May
26 8, 2011.
27
28 Adopted by the Council of the City of Virginia Beach, Virginia, on this
29 day of , 2011.
30
CA -11681
\\vbgov. com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d010\p010\00001290.doc
R-1
January 10, 2011
APPROVED AS TO LEGAL
SUFFICIENCY:
LAM (mow
City Attorney
GPIN: 2317-80-1537, 2316-89-6801, 2317-80-8675 and 2317-80-9169
u
EXHIBIT
No
Z
B
E
m
I
DENOTES PORTION OF POCAHONTAS CLUB ROAD,
AS SHOWN ONCITY OF VIRGINIA BEACH COMPOSITE
MAPS. TO BE CLOSED. (71,859.5 SQ. FT./1.650 AC.)
I
NOW OR FORMERLY
JOHN F. MALBON &
MOODY E. STALLINGS, JR. /
PARCEL A I
M.B. 232 P. 55
I.N.20090880000979320
GRIN: 2317-81-9164 /
DED.(M.B. 232 P. 55)
NOW OR FORMERLY
MOODY E. STALLINGS, JR.. A. WILLIAM REID,
JOHN F. MALBON, & TIMOTHY B. ROBERTSON
GPIN: 2317-82-3152
I.N.200403180044239
rl
SJ. JB
J v� T
<V�
PIN(s)
NOW OR FORMERLY 4'
BONNEY G. BRIGHT '
GPIN: 2317-72-3259
M.B. P.
D.B. 363591 P. 21959
3'22" E rints� S
L=105.46
R=115.00
rE OF EXISTING DIRT &
GRAVEL DRIVE = rL
OF 30' R/W
•�O
(NOTE: A DIRT & GRAVEL DRIVEJP�IN(f)
�P
FOR PORTION OF
o-
•5(
PROPERTY OF
°J-�
EXISTS WITHIN THE 40' R/W,
GRIN: 2317-80-1537
PROPERTY OF
D.B. 1705 P. 19
BONNEY G. BRIGHT
ASPHALT PAVEMENT ENDS APPROX.380'
of PIN(f)
(EXCLUDING R/W CL05JRE AREA)
NOW OR FORMERLY
5 31'21'31" W
- 15.03'
NORTH OF PARCEL A.)
'
S3•
PIPE(f)14.82'
BONNET G. BRIGHT
PIPE(f).
SCALE: 1"= 200' SEPTEMBER 27, 2007°}R
10, 2009
i
PIN(f)
� y
S3•
GPIN:2317-BO-9169
`?oIN.20090814000959140
I PIN(s)
0 6-
°"
'oe•
�'�D\
PIN f) +.+ 1
PIN(f) S°, o-�o
f
OW OR FORMERLY m0 S D.B. 4213 P. 1254(plat)
BONNET G. BRIGHT�a'oPIN
GPIN:2317-808675 \ O• ?PREVIOU
R/W
_ (
D R. 1705 P. 19 o
U a
DED.(M.B. 232 P. 55)
NOW OR FORMERLY
MOODY E. STALLINGS, JR.. A. WILLIAM REID,
JOHN F. MALBON, & TIMOTHY B. ROBERTSON
GPIN: 2317-82-3152
I.N.200403180044239
rl
SJ. JB
J v� T
<V�
PIN(s)
NOW OR FORMERLY 4'
BONNEY G. BRIGHT '
GPIN: 2317-72-3259
M.B. P.
D.B. 363591 P. 21959
3'22" E rints� S
L=105.46
R=115.00
rE OF EXISTING DIRT &
GRAVEL DRIVE = rL
OF 30' R/W
•�O
,50,9
�P
FOR PORTION OF
o-
•5(
PROPERTY OF
°J-�
BONNEY G. BRIGHT
GRIN: 2317-80-1537
PROPERTY OF
D.B. 1705 P. 19
BONNEY G. BRIGHT
55.151 ACRES
of PIN(f)
(EXCLUDING R/W CL05JRE AREA)
N 54'17'00" W
'
- 15.03'
D.B. 1705 P. 19
Z \`
o\�
M.B. 57 P. 53 'n �
S
PIN(s)
PIN(s)
Z �
SSj 6
NOW OR FORMERLY 00, \ PI
J. W. SMITH FAMILY PARTNERS, LP. <. \
GRIN: 2317-60-3371
M.B. 57 P. 53
D.B. 3615 P. 847
oJF
,50,9
S U
FOR PORTION OF
o-
•5(
2
+,30'9
S
CROSSING PROPERTY OF
PROPERTY OF
,
BONNEY G. BRIGHT
BONNET G. BRIGHT
of PIN(f)
D.B. 1705 P. 19
IPE(f) GRIN: 2316-89-6801
'
`n
D.B. 1705 P. 19
'
S3•
6.844 ACRES
n
SCALE: 1"= 200' SEPTEMBER 27, 2007°}R
10, 2009
i
o
� y
S3•
2
BRUCE • ALLVP
U .PI^y
Vip
0 6-
p
0322 8' �
of s
S & ENGINEERS, LTD.
�6 d�
S �>
J PIN(s)
Sib`O00 PIN(s)
4
NO VISIBLE EVIDENCE OF
ROAD WTHIN CROSS -HATCHED
AREA. LOCATION OF R/W HAS
BEEN SCALED FROM CITY OF
VIRGINIA BEACH COMPSITE MAPS
PROPERTY OF I
BONNEY G. BRIGHT io
GPIN: 2316-69-8832
D.B. 2412 P. 1870 0.
13.469 ACRES
I
STREET CLOSURE PLAT
°F�iNks)
FOR PORTION OF
POCAHONTAS CLUB ROAD
CROSSING PROPERTY OF
���0•' `� yc
BONNEY G. BRIGHT
of PIN(f)
D.B. 1705 P. 19
179.60'
N 69'29'49" E
VIRGINIA BEACH, VIRGINIA
0
58.19'
_ N 80'45'00" w
t,Ep,LTH
PIN(f)
SCALE: 1"= 200' SEPTEMBER 27, 2007°}R
10, 2009
i
PNiCiSS 7 P� t
REV.: SEPTEMBER
2
BRUCE • ALLVP
U .PI^y
M.BB._ 5 57 P. 53
0322 8' �
S & ENGINEERS, LTD.
LGALLUP
ST COLONIAL ROAD
S)ONALEACH,
VIRGINIA 23454
57)428-8132
93
NOW OR FORMERLY
s GBESSIE B. BELL
PIN: 2316-69-1683
D.B. 2835 P. 383
PIN(f)
41.24'
0'53'00" E A_719 �T
.52.44' R_i14 (6�
.'59'35" E 4
I(f) N.C. '
P. 24,26,27,29
4 wierri •�
d
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH —BARS AND NIGHTCLUBS, An Ordinance to
amend Section 111 of the City Zoning Ordinance pertaining to bars and nightclub
requirements
MEETING DATE: February 8, 2011
■ Background:
The proposed amendment to the City Zoning Ordinance clarifies the intent of the
ordinance regulating bars and nightclubs. Currently, an establishment is
considered a "bar/nightclub," rather than a restaurant, if all three of the following
criteria are met:
1. Alcoholic beverages are served anytime between the hours of midnight
and 6:00 a.m. except establishments in which a service of alcoholic
beverages is incident to a wedding , banquet or similar function not
open to the general public;
2. The combined area of the dance floor and any other standing space
exceeds fifteen percent of the public floor area of the establishment;
and
3. Amplified music, other than prerecorded background music intended
solely as an accompanied to dining, is provided between midnight and
6:00 p.m.
If an establishment meets all three points, a conditional use permit is required for
a "bar/nightclub."
This proposed amendment clarifies criteria #1 above. The Zoning Ordinance
currently only refers to alcohol being "served" between midnight and 6:00 am. The
amendment expands that to include alcohol "served or consumed" between
midnight and 6:00 am.
■ Considerations:
This amendment clarifies the intent of the ordinance regulating bars and
nightclubs. It tightens the current definition that might allow an establishment's
customers to continue to consume alcohol after midnight where the alcoholic
beverage was actually served prior to midnight.
There was no opposition to the proposed amendment at the Planning
Commission Hearing.
CITY OF VIRGINA BEACH- BARS AND NIGHTCLUBS
Page 2 of 2
■ Recommendations:
The Planning Commission, passing a motion by a recorded vote of 11-0,
recommends approval of this request to the City Council.
■ Attachments:
Ordinance
Minutes of Planning Commission Hearing
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department�'1�;�,;,,,�,
City Manager: � wt
7
January 12, 2011 Public Hearing
CITY OF VIRGINIA BEACH
ORDINANCE TO AMEND SECTION 111 OF
THE CITY ZONING ORDINANCE
PERTIANING TO BARS AND NIGHTCLUB
REQUIREMENTS
REQUEST:
An Ordinance to amend Section 111 of the City Zoning Ordinance pertaining to the definition of "bar or
nightclub".
SUMMARY OF AMENDMENT
The proposed amendment to the City Zoning Ordinance clarifies the intent of the ordinance regulating bars
and nightclubs. Currently, an establishment is considered a "bar/nightclub," rather than a restaurant, if all
three of the following criteria are met:
1. Alcoholic beverages are served anytime between the hours of midnight and 6:00 a.m. except
establishments in which a service of alcoholic beverages is incident to a wedding , banquet or
similar function not open to the general public;
2. The combined area of the dance floor and any other standing space exceeds fifteen percent of
the public floor area of the establishment; and
3. Amplified music, other than prerecorded background music intended solely as an
accompanied to dining, is provided between midnight and 6:00 p.m.
If an establishment meets all three points, a conditional use permit is required for a "bar/nightclub."
This proposed amendment clarifies #1 above. The Zoning Ordinance currently only refers to alcohol being
"served" between midnight and 6:00 am. The amendment expands that to include alcohol "served or
consumed" between midnight and 6:00 am.
RECOMMENDATION
This amendment clarifies the intent of the ordinance regulating bars and nightclubs and is recommended
for approval. It tightens the current definition that might allow an establishment's customers to continue to
consume alcohol after midnight where the alcoholic beverage was actually served prior to midnight.
CITY OF VIRGINIA BEACH — BARS AND NIGHTCLUBS
Agenda Item 7
Page 1
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REQUESTED BY COUNCILMEMBER JOHN E. UHRIN
AN ORDINANCE TO AMEND SECTION 111 OF THE
CITY ZONING ORDINANCE, PERTAINING TO THE
DEFINITION OF "BAR OR NIGHTCLUB"
Section Amended: City Zoning Ordinance Section 111
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 111 of the City Zoning Ordinance is hereby amended and
reordained to read as follows:
Sec. 111. Definitions.
For the purpose of this ordinance, words used in the present tense shall include
the future; words used in the singular number include the plural and the plural the
singular; the use of any gender shall be applicable to all genders; the word "shall" is
mandatory; the word "may" is permissive; the word 'land" includes only the area
described as being above mean sea level; and the word "person" includes an individual,
a partnership, association, or corporation.
In addition, the following terms shall be defined as herein indicated:
Bar or nightclub. An establishment, including a private club as defined by this
ordinance, that serves alcoholic beverages, or where alcoholic beverages are
consumed, at any time between midnight and 6:00 a.m., except establishments in which
the service of alcoholic beverages is incident to a wedding, banquet or similar function
not open to the general public, and in which both of the following conditions are met:
(1) The combined area of the dance floor and any other standing space
exceeds fifteen (15) percent of the public floor area of the establishment;
and
43
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45
46
47
48
49
50
51
52
53
54
55
56
(2) Amplified music, other than prerecorded background music intended
solely as an accompaniment to dining, is provided between midnight and
6:00 a.m.
COMMENT
The amendment clarifies that the intent of the City Zoning Ordinance is to distinguish bars
or nightclubs from restaurants on the basis of: (1) the amount of standing space, including dance
floor, at the establishment; (2) the use of amplified music after midnight; and (3) the consumption
of alcoholic beverages after midnight. Where standing space exceeds 15% of the total public floor
area, amplified music (other than piped -in dinner music) is played after midnight, and alcoholic
beverages are consumed after midnight, an establishment is considered a bar or nightclub and is
therefore subject to the conditional use permit process.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the
day of , 2011.
AS TO CONTENT
Planning
CA -11754
R-3
December 1, 2010
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
2
Item #7
City of Virginia Beach
An Ordinance to Amend Section 111 of the City Zoning
Ordinance pertaining to Bars and Nightclub Requirements
January 12, 2011
APPROVED
An Ordinance to amend Section 111 of the City Zoning Ordinance pertaining to the definition of "bar or nightclub".
RECOMMENDATION
This amendment clarifies the intent of the ordinance regulating bars and nightclubs and is recommended for
approval. It tightens the current definition that might allow an establishment's customers to continue to consume
alcohol after midnight where the alcoholic beverage was actually served prior to midnight.
By a vote of 11-0, the Board approved item 7.
Karen Lasley presented this item to the Board.
AYE 11 NAY 0 ABS 0 ABSENT 0
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HODGSON
AYE
HORSLEY
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
THORNTON
AYE
By a vote of 11-0, the Board approved item 7.
Karen Lasley presented this item to the Board.
L. APPOINTMENTS
BOARD OF ZONING APPEALS
COMMUNITY MEDICAL ADVISORY COMMISSION
ENERGY ADVISORY COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
RESORT ADVISORY COMMISSION
TIDEWATER YOUTH SERVICES COMMISSION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
�aFaFarararaFav��aFaraFac�a�av�aeaF..aFaFaF�aFaF�aFaFaFa�aeaca
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
FY 2 011-2 012 RESOURCE MANAGEMENT PLAN
"BUDGET"
March 15 School Board votes on School Budget
March 29 City Manager presents Proposed Budget to City Council
April 6
Open House — (Convention Center)
April 21
Public Hearing (Green Run High School)
April 26
Public Hearing (Council Chamber)
May 3
Reconciliation Workshop (Conference Room 234)
May 10
Adoption
CITY OF VIRGINIA BEACH
CITY COUNCIL BRIEFING:
SUMMARY OF COUNCIL ACTIONS
A. ENVISION TRANSPORTATION
Jim Oliver,
DATE: 01/25/2011
B
Chairman of the
PAGE: 1
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Board—
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AGENDA
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ITEM # SUBJECT MOTION VOTE
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CITY COUNCIL BRIEFING:
A. ENVISION TRANSPORTATION
Jim Oliver,
Chairman of the
Board—
Hampton Roads
Center for Civic
Engagement
Betsy McBride,
Executive
Director
II
CITY MANAGER'S BRIEFINGS
A. GROW SMART/Smart Beginnings
Marcy Sims,
Director—
Libraries
Megan
Robinson,
Virginia Beach
Grow Smart
Coordinator
B. WASTE MANAGEMENT
David L.
Hansen, Deputy
City Manager
Phil Davenport,
Operations
Support
Administrator—
Public Works
C. INTERIM FINANCIAL STATEMENT
Patricia Phillips,
DEFER
B
Y
C
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Director—
-RED
Finance
III/IVN/
CERTIFICATION OF CLOSED
CERTIFIED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
VI -E
SESSION
F
MINUTES—January 4, 11,2011
APPROVED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
GIH
MAYOR'S PRESENTATION
CERTIFIED CRIME PREVENTION
Garth Wheeler,
Director — Virginia
COMMUNITY
Criminal Justice
Services
CITY OF VIRGINIA BEACH
PUBLIC HEARINGS:
SUMMARY OF COUNCIL ACTIONS
SALE OF EXCESS CITY PROPERTY
No Speakers
DATE: 01/25/2011
B
a. Ferry Point Road
PAGE: 2
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b. 2220 Reuben Road
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PUBLIC HEARINGS:
SALE OF EXCESS CITY PROPERTY
No Speakers
a. Ferry Point Road
b. 2220 Reuben Road
2
LEASE OF CITY -OWNED PROPERTY—
No Speakers
Golf Courses
a. 3425 Club House Road — "Bow
Creek"
b. 4840 Princess Anne Road— "Kempsville
Greens"
c. 1144 Prosperity Road — "Red Wing"
3
SALE OF RESTRICTIVE EASEMENTS
No Speakers
a. Landstown Road
b. Landstown and Salem Roads
4
GOODSPEED ROAD at DISCOVERY
No Speakers
ROAD
Acquisition by Agreement or
Condemnation
J/K-1
Ordinances toAMEND the City Code:
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
CONSENT
a. Section 2-72 re Personnel Board
b. Section 35-182 readmissions taxes
2
Ordinances to DECLARE EXCESS City
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
owned property/AUTHORIZE sale:
CONSENT
a. Ferry Point Road toD. D. Clarke, LLC
b. 2220 Reuben Street toMiguel and
Antonina Cedeno
3
Ordinance toDECLARE RESTRICTIVE
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
EASEMENTS over City -owned properties
CONSENT
in ITA to US Navy
4
Ordinance to AUTHORIZE acquisition'
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
easements by agreement or condemnation,
CONSENT
for road improvements at
GoodspeedDiscovery Roads DISTRICT 5
— L nnhaven
CITY OF VIRGINIA BEACH
Ordinance to AUTHORIZE Lease to
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
SUMMARY OF COUNCIL ACTIONS
Y
Y
Virginia Beach Golf Management, Inc.
CONSENT
DATE: 01/25/2011
B
to maintain and operate:
PAGE: 3
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a. Bow Creek Golf
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= I
5
Ordinance to AUTHORIZE Lease to
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Virginia Beach Golf Management, Inc.
CONSENT
to maintain and operate:
a. Bow Creek Golf
b. Kempsville Greens Golf
c. Red Wing Golf
6
Resolution re2010 Alternative Energy
ADOPTED AS
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Task Force ReporYDIRECT action re
REVISED, BY
CONSENT
goal s/recommendations of Task Force
report
7
Resolution EXPRESSING appreciation to
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
the Governor for leadership on
CONSENT
transportation funding, supporting proposal
GARVEE Bonds/REQUESTING General
Assembly support recommendations
8
Resolutions toREQUEST VDOT
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
ACCEPT/begin urban maintenance
CONSENT
payments to the City.
a. Additional streets
b. Corrections to the Road Inventory
9.a
Ordinances to
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
ACCEPT/APPROPRIATE:
CONSENT
$154,2505,000 Grant funds fromSmart
Beginnings /Friends of Libraryto Public
Libraries
b.
$49,000 from Va AgriculturdConsumer
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Services to Agriculture repartial
CONSENT
reimbursement of preservation
easement acquisition
C.
$49,642 in Federal Grant from Va Criminal
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Justice to Human Services rcjuvenile
CONSENT
delinquency for mental health
disabilities/TRANSFER $5,516 local
match
d.
$23,368 Grant from Va Health to EMS re
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
replacement defibrillatoriequipment/
CONSENT
TRANSFER $23,368 local match
e.
$15,000 Grant fromDMV to Public Works
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
re regional traffic engineering trining
ONSENT
f.
$5,483 from City of Suffolk to Public
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Libraries re services to blind/physically
CONSENT
handicapped/ MOU for services to citizens
of Suffolk
CITY OF VIRGINIA BEACH
Ordinance to ESTABLISH CIT -Aquarium
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
SUMMARY OF COUNCIL ACTIONS
Y
Y
TicketingTinancial System Integratiod
CONSENT
DATE: 01/25/2011
B
TRANSFER $195,000 from Roadways re
PAGE: 4
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on-line ticketing and
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N
N
D
10
Ordinance to ESTABLISH CIT -Aquarium
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
TicketingTinancial System Integratiod
CONSENT
TRANSFER $195,000 from Roadways re
on-line ticketing and
fundraising/membershipfor the
Aquarium
11
Ordinance to TRANSFER $147,416 from
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Health Departmentto General Fund re
CONSENT
local match for mandated services
12
Ordinance to TRANSFER $50,000 to
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Public Works reUSING the Chesapeake
CONSENT
Light Tower to study Virginia's offshore
wind resources
L-1
CAPE HENRY RACQUET CLUB
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Modification of ConditionNo. 2 (approved
CONDITIONED
October 10, 1973) at 1350 Waterfront Drive
BY CONSENT
to cover tennis courts DISTRICT 6•
BEACH
2
WILLLIAM H. THUMEL, JR for a
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Conditional Use Permitre an indoor
CONDITIONED
recreation (Bridge Club)at 4966 Euclid
BY CONSENT
Road DISTRICT 2- KEMPSVILLE
3
KEMP ENTERPRISES COZ from PD-
APPROVED
H2 Overlay to P-1 at Bonney Roadre Open
BY CONSENT
Space DISTRICT 2- KEMPSVILLE
11-0
Y
Y
Y
I Y
Yj
Y
I Y
Y
I Y
I Y
Y
4
OCEAN TRACE CONDO ASSOC
APPROVED AS
10-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Conditional CO Z from A-18 to
PROFFERED,
Conditional A-18 at 1225 Old Virginia
BY CONSENT
Beach Roadto restrict units DISTRICT 6 -
BEACH
5
OCEAN TRACE, L.C. Conditional COZ
APPROVED AS
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
from A -18/A-12 to Conditional A-24 at
PROFFERED,
1225 Old Virginia Beach Roadre existing
BY CONSENT
units DISTRICT 6- BEACH
6
RAYMOND L. GOTTLIEBAPPEAL
DEFERRED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
City Manager's Decisionpursuant Site Plan
INDEFINITELY
Ordinance re denial of pr(perty owner's
BY CONSENT
request to construct a 34foot wide
driveway DISTRICT 5— LYNNHAVEN
7
Ordinance toAMEND/REVISE Comp
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Plan/adopt Interfacility Traffic Areaand
CONSENT
Vicinity Master Plan
CITY OF VIRGINIA BEACH
APPOINTMENTS
SUMMARY OF COUNCIL ACTIONS
COMMUNITY MEDICAL ADVISORY
RESCHEDULED
B
Y
C
O
N
S
DATE: 01/25/2011
B
S
U
S
COMMISSION
PAGE: 5
E
D
S
ENERGY ADVISORY COMMITTEE
L
E
D
H
E
W
AGENDA
L
D
S
I
E
J
S
U
I
ITEM # SUBJECT MOTION VOTE
I
A
T
E
D
N
O
S
H
L
W
T
V
E
Z
Y
L
N
O
R
S
O
T
I
P
E
E
E
E
M
I
O
O
O
S
H
L
R
Y
S
S
N
N
D
M
APPOINTMENTS
COMMUNITY MEDICAL ADVISORY
RESCHEDULED
B
Y
C
O
N
S
E
N
S
U
S
COMMISSION
ENERGY ADVISORY COMMITTEE
HEALTH SERVICES ADVISORY
BOARD
HUMAN RIGHTS COMMISSION
TIDEWATER YOUTH SERVICES
COMMISSION
CLEAN COMMUNITY COMMISSION
Appointed—
Unexpired term
thru 03/31/2012
Christina M.
Trapani
HAMPTON ROADS PLANNING
Appointed—
DISTRICT COMMISSION
Unexpired term
thru 12/31/2012
Rita Sweet
Bellitto
OPEN SPACE ADVISORY COMMITTEE
Appointed—
Unexpired term
thru 05/31/2013
Joseph F.
Walton
RESORT ADVISORY COMMISSION
Reappointed— 3
year term
01/01/2011-
12/31/2013
William D.
Almond,
Michael Cloud
Butler, Jim
Davis, R.
Preston
Midgett, II,
Craig Roback,
Sylvia N.
Strickland,
Kenneth C.
Taylor, Arthur
Webb, Gerrie
King West
N/O/P
ADJOURNMENT
6:32 PM