OCTOBER 25, 2011 AGENDACITY COUNCIL
MAYOR WILLIAM D. SF.SSOMS, JR., At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
GLENN R. DA VIS, Rose Hall - District 3
WILLIAM R. DeS77iPH, At -Large
HARRY E. DIEZEL, Kempsville -District 2
ROBERT Al. DYER, Centerville - District I
BARBARA Al. HENLEY, Princess Anne District 7
PRESCO T SHERROD, At -Large
JOHN E. UHRIN, Beach — District 6
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER -JAMES K. SPORE
CITY A77'ORNEY - MARK D. STILES
CITY A SSESSOR - JERALD D. BANAGAN
CITY AUDIT OR -- LYNDON S. REMIAS
CITY CLERK - RUTH HODGES FRASER, MMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
25 OCTOBER 2011
I. CITY COUNCIL BRIEFING -Conference Room -
A. MINORITY BUSINESS COUNCIL ANNUAL REPORT
Wanda Cooper, Chair
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE: (757) 385-4303
FAX (75 7) 385-5669
E-MAIL: Ctycncl@vbgov.com
II. CITY MANAGER'S BRIEFINGS
A. CITY SUSTAINABILITY PLAN
Clay Bernick, Administrator — Environment and Sustainability Office
B. DEVELOPMENT AUTHORITY PROPERTY TRANSFER
Steve Herbert, Deputy City Manager
C. 2012 LEGISLATIVE AGENDA
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION -Conference Room -
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
3:00 PM
5:30 PM
VI. FORMAL SESSION - City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: George Chandler
Virginia Beach Police Chaplain
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 October 11, 2011
G. FORMAL SESSION AGENDA
I. CONSENT AGENDA
J. ORDINANCES/RESOLUTION
1. Ordinance to AMEND §5-546 of the City Code re homing or racing pigeons
2. Ordinance to ACCEPT and APPROPRIATE $150,637from the Virginia Department of
Behavioral Health and Developmental Services to Human Services to provide development
services for infants and toddlers
3. Ordinances to TRANSFER:
a. $5,907,097 to Nimmo Parkway Phase V-A to initiate construction
b. $6,756,947 to Laskin Road Gateway — Phase I -A to complete construction
K. PLANNING
1. Variance to §4.4(b) of the Subdivision Ordinance that lots meet the requirements of the City
Zoning Ordinance (CZO) for JOHN S. WALLER FAMILY, L.P. re construction of two
(2) single family dwellings at 203 691h Street.
BEACH DISTRICT
RECOMMENDATION APPROVAL
2. Application of HERITAGE MOTOR COMPANY, INC. for a Conditional Use Permit re
auto sales and bulk storage repairs at 5137 Shore Drive.
BAYSIDE DISTRICT
RECOMMENDATION APPROVAL
3. Applications of AUTO PROPERTIES, LLCIKH REAL ESTATE, LLC at 326 and 330
Malibu Drive:
LYNNHAVEN DISTRICT
a. Conditional Change of Zoning from R-7.5 to Conditional B-2 re used car sales and
service
b. Conditional Use Permit re motor vehicle sales and service
RECOMMENDATION
DENIAL
4. Applications of OCEAN BREEZE HOLDINGS, LLC at 849 General Booth Boulevard:
BEACH DISTRICT
a. Change of Zoning from A-12 to Conditional B-2 re outdoor recreation expansion —
water park
b. Conditional Use Permit re commercial recreation of an outdoor nature
RECOMMENDATION
APPROVAL
Application of NEW OAK GROVE BAPTIST CHURCH for Modification of a
Conditional Use Permit (approved by City Council on June 22, 2010) re portable
classrooms for the Schools to provide reading and math assistance to early elementary
school students at 3200 Head River Road.
PRINCESS ANNE DISTRICT
RECOMMENDATION APPROVAL
6. Application of PRESERVATION VIRGINIA (for CAPE HENRY LIGHTHOUSE) to
allow three (3) "Roadside Guide Signs" in the public right-of-way along Atlantic Avenue
and the 200 Block of 83rd Street
LYNNHAVEN and BEACH DISTRICTS
RECOMMENDATION APPROVAL
L. APPOINTMENTS
ENERGY ADVISORY COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HISTORICAL PRESERVATION COMMISSION
LOCAL FINANCE BOARD
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
CITY COUNCIL SESSIONS
NOVEMBER 8th
MOVED TO:
NOVEMBER 1St
to provide citizens to exercise their right
to vote on November 8, 2011,
General Election
Agenda 10/25/2011 gw
CITY COUNCIL SESSION SCHEDULE
Date
Time
Meeting
November 1, 2011
TBA
Briefings, Informal Session, Formal
Session
November 8, 2011
Election Day - No Briefings, No
Workshop, No Sessions
November 15, 2011
4:00 - 6:00 PM
City Council Workshop
November 22, 2011
TBA
Briefings, Informal Session, Formal
Session
December 6, 2011
TBA
Briefings, Informal Session, Formal
Session
December 13, 2011
TBA
Briefings, Informal Session, Formal
Session
January 3, 2012
TBA
Back to the usual schedule
Agenda 10/25/2011 gw
I. CITY COUNCIL BRIEFING -Conference Room- 3:00 PM
A. MINORITY BUSINESS COUNCIL ANNUAL REPORT
Wanda Cooper, Chair
II. CITY MANAGER'S BRIEFINGS
A. CITY SUSTAINABILITY PLAN
Clay Bernick, Administrator — Environment and Sustainability Office
B. DEVELOPMENT AUTHORITY PROPERTY TRANSFER
Steve Herbert, Deputy City Manager
C. 2012 LEGISLATIVE AGENDA
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION -Conference Room- 5:30 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: George Chandler
Virginia Beach Police Chaplain
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 October 11, 2011
G. FORMAL SESSION AGENDA
I. CONSENT AGENDA
J. ORDINANCES/RESOLUTION
1. Ordinance to AMEND §5-546 of the City Code re homing or racing pigeons
2. Ordinance to ACCEPT and APPROPRIATE $150,637from the Virginia Department of
Behavioral Health and Developmental Services to Human Services to provide development
services for infants and toddlers
3. Ordinances to TRANSFER:
a. $5,907,097 to Nimmo Parkway Phase V-A to initiate construction
b. $6,756,947 to Laskin Road Gateway — Phase I -A to complete construction
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Section 5-546 of the City Code Pertaining to Homing
or Racing Pigeons
MEETING DATE: October 25, 2011
■ Background: Under the wording of Section 5-546, it is unclear whether pigeons
are allowed to be housed in the City. This housekeeping amendment will allow pigeons
to be kept by citizens in the City if the owners are members of a national organization
and the pigeons are banded as required by the organization The provisions of Section
5-546 that require use by the Armed Forces is also omitted as it is no longer applicable.
■ Considerations: Pigeons are already being kept in the City in accordance with
the amended provisions of Section 5-546.
■ Public Information: Public information will be provided through the normal
Council agenda process.
■ Recommendations: Approve the amendment.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Planning/Jack Whitney
City Manager: K .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
AN ORDINANCE TO AMEND SECTION 5-546 OF
THE CITY CODE PERTAINING TO HOMING OR
RACING PIGEONS
SECTION AMENDED: § 5-546
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 5-546 of the City Code is hereby amended and reordained to read
as follows:
Chapter 5 - ANIMALS AND FOWL
ARTICLE V. - ANIMAL WELFARE
DIVISION 3. - PROHIBITED ACTS
Sec. 5-546. - Homing or racing pigeons.
Notwithstanding the provisions of sections 5-545, it shall be WRI&Aful fnr any
member of a recognized national pigeon association, `"'hiGh supplies pigeons to the
aFrneElfGF6es of the I Kited States in tirne6 of omcrgeRGY to may house or keep in any
district, and allow to fly for exercise within the corporate limits, homing or racing pigeons
whiGh aFe suitable and the type used as rnesseRgeF6 on time of war and GiVil defense
and which are banded with numbered leg bands showing the same to be registered with
such associations, provided, such pigeons are not kept so as to constitute a nuisance or
create a hazard to public health.
COMMENT
This amendment is needed to clarify that registered pigeons are allowed to be kept in the
City as long as they are not a nuisance or a public health hazard. The language was unclear as to
whether they were allowed. The provisions requiring use by the armed forces has also been
removed, as it is not longer applicable.
Adopted by the City Council of the City of Virginia Beach, Virginia, this
day of , 2011.
APPROVED AS TO CONTENT
CA11995
R-1
August 15, 2011
APPROVED AS TO LEGAL
SUFFICIENCY:
twkga YAZ
City Attorney's Office
�a
4°s����
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Federal Funds to the FY 2011-12
Operating Budget of the Department of Human Services to Provide Additional
Development Services for Infants and Toddlers
MEETING DATE: October 25, 2011
■ Background: Since the adoption of the FY 2011-12 Operating Budget, additional
pass-through federal funding has been awarded to the Department of Human Services
from the Virginia Department of Behavioral Health and Developmental Services. This
award provides $150,637 of one-time federal funds for the department's Early
Intervention Program. The funding will pay for three contracted staff to provide
therapeutic and speech services to Virginia Beach infants and toddlers up to three years
old who are developmentally delayed. Funding will also allow the purchase of three
computers.
■ Considerations: The Early Intervention Program is included in the Adopted FY
2011-12 Operating Budget. This supplemental funding was received subsequent to the
budget adoption and will address pressing service needs.
■ Public Information: Public information will be coordinated through the normal
Council agenda process.
■ Recommendations: Accept and appropriate $150,637 of federal revenue to the
Department of Human Services.
■ Attachments: Ordinance
Recommended Action: Approval �r(
Submitting Department/Agenk
cy: Human Services
City Manager. , 4�r
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
AN ORDINANCE TO ACCEPT AND APPROPRIATE
FEDERAL FUNDS TO THE FY 2011-12 OPERATING
BUDGET OF THE DEPARTMENT OF HUMAN SERVICES
TO PROVIDE ADDITIONAL DEVELOPMENT SERVICES
FOR INFANTS AND TODDLERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $150,637 is hereby accepted from the Virginia Department of Behavioral
Health and Developmental Services and appropriated, with federal revenues increased
accordingly, to the FY 2011-12 Operating Budget of the Department of Human Services
to provide development services for infants and toddlers.
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 elected members of City Council.
Approved as to Content:
anagement Services
CA12054
R-1
October 10, 2011
Approved as to Legal Sufficiency:
1
I y
tto
e '
O
ice
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer Funding from Capital Project # 2-409, "Centerville
Turnpike Interim Improvements" to Capital Project 2-121, "Nimmo Parkway
Phase V-A" to Initiate Construction
MEETING DATE: October 25, 2011
■ Background: The total local programmed project cost for CIP # 2-121, "Nimmo
Parkway Phase V-A" in the FY 2011-12 Capital Budget is $48,058,216, with
$42,151,119 appropriated to date and $5,907,097 programmed in the FY 2012-13
Capital Budget. Construction bids for the Nimmo Parkway Phase V-A project were
recently received. The bids for the project came in within the amount programmed for
this project; however, the additional funding that was programmed in FY 2012-13 is
needed in the current year to award the construction bid and meet the schedule outlined
in our cost sharing agreement with the Virginia Department of Transportation (VDOT).
Funding is available from the Centerville Turnpike Interim Improvements project (CIP 2-
409) because construction is not scheduled to start on that project until July 2013. A
total of $5,907,097 will be transferred to the Nimmo Parkway Phase V-A project, with
the replacement of these funds in the Centerville Turnpike Interim Improvements project
in the FY 2012-13 Capital Budget.
■ Considerations: This funding transfer is necessary to allow VDOT to award the
construction contract and keep the project on schedule.
■ Public Information: Public information will be distributed through the normal
City Council agenda process.
■ Recommendations: Adopt the ordinance transferring funding from Centerville
Turnpike Interim Improvements project (CIP #2-409) to Nimmo Parkway Phase V-A
(CIP #2-121) and authorize the City Manager to execute all appropriate project
agreements necessary to move this project toward completion.
■ Attachments: Ordinance, Map
Recommended Action: Approval of Ordinance
Submitting Department/Agency: Public Works PAO
W,t/
City Manager:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
AN ORDINANCE TO TRANSFER FUNDING FROM
CAPITAL PROJECT #2-409, "CENTERVILLE TURNPIKE
INTERIM IMPROVEMENTS" TO CAPITAL PROJECT # 2-
121, "NIMMO PARKWAY PHASE V-A" TO INITIATE
CONSTRUCTION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That $5,907,097 is hereby transferred from Capital Project #2-409,
"Centerville Turnpike Interim Improvements" to Capital Project #2-121, "Nimmo Parkway
Phase V-A" to initiate construction.
2. That the City Manager is hereby authorized to undertake all necessary
actions to initiate construction and move this project toward completion.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
, 2011.
Approved as to Content:
Management Services
CA12056
R-2
October 13, 2011
Approved as to Legal Sufficiency:
- Att s b6ce
o�
0
�O
GO
y�e`GO
ov
PES P�p�
ROSS
eG
yeti
C/
do
C�ti�.
to
Z
O
C
AR�ti
Fs7
s a
�yyFR o
QST O
o
�COGS
1 &,,
10
FO,Q
SCALE: 1" = 1800'
ces Bureau 2/22/07
40,E
00
ti
cF,�
O
N
W+E
S
WINpY pINES gD
EXIST. NIMMO PKWY.
PROP. NIMMO PKWY.
a
0
lz
Q
O
m
w
co
O
�0CO
44,
o°
Q
CIP - 2-121
NIMMO PKWY. PHASE V-A
X:\Projects\ARC Files\Agenda Maps\Nimmo Pkwy Phase V-A
r��M1lA ➢Fq `,
E �lr
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer Funding from Various Roadway Projects to Capital
Project # 2-143, "Laskin Road Gateway — Phase I -A" to Complete Construction
MEETING DATE: October 25, 2011
■ Background: Capital Project # 2-143, "Laskin Road Gateway — Phase I -A"
requires additional funding to complete the project due to increased costs related to the
bridge and bulkhead construction, as well as moving private utilities underground.
Funding has been identified in several existing Roadways projects that can be
transferred to address the shortfall in Laskin Road Gateway — Phase I -A. The following
table outlines the source project and the amount available.
Major Intersection Improvements (CIP 2-018) $ 2,137,757
Elbow Road Extended - Phase II -A (CIP 2-065) 9,892
First Colonial Rd/Virginia Beach Blvd Intersection Improvements (CIP 2-072) 2,300,000
Laskin Road Gateway (CIP 2-076) 54,068
Southeastern Parkway and Greenbelt (Partial) (CIP 2-089) 10,956
Birdneck Road - Phase II (CIP 2-149) 1,500,000
Constitution Drive Extended (CIP 2-208) 200,000
Traffic Calming (CIP 2-211) 6,246
Wetlands Mitigation Banking (CIP 2-268) 286,766
Various Cost Participation Projects (CIP 2-837) 251,262
Total $ 6,756,947
■ Considerations: Additional funding is needed in order to proceed with
construction of the final phase of the project and complete the Laskin Road Gateway
Project. Capital Project #2-076 — Laskin Gateway listed in the table above is a prior
phase for this project.
■ Public Information: Public information will be provided through the normal City
Council agenda process.
■ Recommendations: Adopt the ordinance transferring funding to complete the
construction phase of CIP #2-143, "Laskin Road Gateway Phase I -A."
■ Attachments: Map, Ordinance
Recommended Action: Approval
Submitting Department/Agency: Public Works
City Manager:<�" �_ 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AN ORDINANCE TO TRANSFER FUNDING FROM
VARIOUS ROADWAY PROJECTS TO CAPITAL PROJECT
# 2-143, "LASKIN ROAD GATEWAY — PHASE I -A" TO
COMPLETE CONSTRUCTION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That $6,756,947 is hereby transferred to Capital Improvement Project # 2-143
"Laskin Road Gateway — Phase I -A" from the following projects in the enumerated
amounts:
• $2,137,757 from CIP #2-018, "Major Intersection Improvements"
• $9,892 from CIP #2-065, "Elbow Road Extended - Phase II -A"
$2,300,000 from CIP #2-072, "First Colonial Road/Virginia Beach
Boulevard Intersection Improvements"
• $54,068 from CIP #2-076, "Laskin Road Gateway"
$10,956 from CIP #2-089, "Southeastern Parkway and Greenbelt (Partial)"
• $1,500,000 from CIP #2-149, "Birdneck Road — Phase II"
• $200,000 from CIP #2-208, "Constitution Drive Extended"
• $6,246 from CIP #2-211, "Traffic Calming"
$286,766 from CIP #2-268, "Wetlands Mitigation Banking"
• $251,262 from CIP #2-837, "Various Cost Participation Projects"
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
2011.
Approved as to Content:
Management Services
CA12055
R-2
October 13, 2011
Approved as to Legal Sufficiency:
Cily orn ffice
Q
w
i y—
Q
J-
�-
a
�U
ww
N-1
QO
z�
O(aNN�
_a.
as
Qa
ummmormlow
skii
i
i
LL o
0
NT
0
0
N
0
0
0
0
N
tn
N
O
7
f6
N
7
m
yVI
U
(D
U)
r
O
O_
d
7
W
6
C
W
O1
C
W
a
a
a�
a
a�
a
a
�-
a
z�
O(aNN�
soma,
v�ava
r
c�
0
NT
0
0
N
0
0
0
0
N
tn
N
O
7
f6
N
7
m
yVI
U
(D
U)
r
O
O_
d
7
W
6
C
W
O1
C
W
a
a
a�
a
a�
a
K. PLANNING
1. Variance to §4.4(b) of the Subdivision Ordinance that lots meet the requirements of the City
Zoning Ordinance (CZO) for JOHN S. WALLER FAMILY, L.P. re construction of two
(2) single family dwellings at 203 691h Street.
BEACH DISTRICT
RECOMMENDATION APPROVAL
2. Application of HERITAGE MOTOR COMPANY, INC. for a Conditional Use Permit re
auto sales and bulk storage repairs at 5137 Shore Drive.
BAYSIDE DISTRICT
RECOMMENDATION
APPROVAL
3. Applications of AUTO PROPERTIES, LLC/KH REAL ESTATE, LLC at 326 and 330
Malibu Drive:
LYNNHAVEN DISTRICT
a. Conditional Change of Zoning from R-7.5 to Conditional B-2 re used car sales and
service
b. Conditional Use Permit re motor vehicle sales and service
RECOMMENDATION
DENIAL
4. Applications of OCEAN BREEZE HOLDINGS, LLC at 849 General Booth Boulevard:
BEACH DISTRICT
a. Change of Zoning from A-12 to Conditional B-2 re outdoor recreation expansion —
water park
b. Conditional Use Permit re commercial recreation of an outdoor nature
RECOMMENDATION
APPROVAL
5. Application of NEW OAK GROVE BAPTIST CHURCH for Modification of a
Conditional Use Permit (approved by City Council on June 22, 2010) re portable
classrooms for the Schools to provide reading and math assistance to early elementary
school students at 3200 Head River Road.
PRINCESS ANNE DISTRICT
RECOMMENDATION
APPROVAL
6. Application of PRESERVATION VIRGINIA (for CAPE HENRY LIGHTHOUSE) to
allow three (3) "Roadside Guide Signs" in the public right-of-way along Atlantic Avenue
and the 200 Block of 83rd Street
LYNNHAVEN and BEACH DISTRICTS
RECOMMENDATION
APPROVAL
NOTICE OF
PUBLIC HEARING
Virginia Beach City Council will meet
in the Chamber at City Hall,
Municipal Center, 2401 Courthouse
Drive, Tuesday, October 25, 2011, at
6:00 p.m. The following applications
will be heard:
BEACH DISTRICT
Ocean Breeze Holdings, LLC
Application: Changs of Zoning
District Clas5ifigation from A-12
Apartment to Conditional B-2
Community Business,
Comprehensive Plan - Suburban
Area, Use: outdoor recreation
expansion. Conditional Use Permit for
a commercial recreation of an
outdoor nature at 849 General Booth
Boulevard (GPIN 2416761195).
John S. Waller Family, L. P.
Application: Subdivision Variance at
203 69th Street (GPIN 2419647983).
BAYSIDE DISTRICT
Heritage Motor Company, Inc.
Application: Conditional Use Permit
for automobile sales and bulk
storage repairs at 5137 Shore Drive
(GPIN 1479076706).
LYNNHAVEN DISTRICT
Auto Properties, LLC/KH Real Estate,
LLC Application: Conditional Change
f Zonin from R-7.5 Residential to
Conditional B-2 Community Business,
Comprehensive Plan - Suburban
Area. Use: used car sales.
Conditional Use Permit for motor
vehicle sales and service at 326 and
330 Malibu Drive (GPIN
1487655285;1487655198).
PRINCESS ANNE DISTRICT.
New Oak Grove Baptist Church
Application: Modification of a
Conditional Use Permit at 3200 Head
River Road (GPIN 1389750502).
LYNNHAVEN AND BEACH DISTRICTS
Preservation Virginia (for Cape Henry
Lighthouse) Application: Allow three
(3) Roadside Guide Signs to be
located in the public right-of-way
along the 8100-8200 Blocks of
Atlantic Avenue, 4100-4200 Blocks
of Atlantic Avenue, and 200 Block of
83," Street in accordance with
Section 211.1 of the City Zoning
Ordinance.
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
htt0'//wAV vb90v com>� For
information call 385-4621.
if you are physically disabled or
visually Impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 385-
4303.
BEACON October 13 & 16, 2011
22692808
D
m
1
CO
S -
Z
w_=teLL coa
cs
Nu s�
C4
(FU
iii~ J
c+�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: JOHN S. WALLER FAMILY, L.P., Subdivision Variance, 203 69th Street
(GPIN 2419647983). BEACH DISTRICT
MEETING DATE: October 25, 2011
■ Background:
The applicant has requested a subdivision variance on a non -conforming
property to allow the construction of two single family dwellings. The proposed
lots do not meet the minimum lot area requirement and a variance is required.
Existing Lot: The subject site is zoned R -5R Residential Resort District. This
site totals 9,000 square feet and contains a non -conforming single-family
dwelling and duplex.
Proposed Lots: It is the intent of the applicant to remove the existing structures
and subdivide the site into two lots. Each lot will be limited to a two-story single-
family dwelling with wood cedar shake siding. The proposed lots will meet the
minimum lot width requirement, but will not meet the minimum lot area
requirement. 5,000 square feet of lot area is required for each lot. Each
proposed lot will contain 4,500 square feet of lot area and a variance is required.
The submitted plan indicates that the proposed structure on proposed Lot 6A-1
does not meet the required front yard and rear yard setbacks. A 20 -foot front
yard setback is required and an 18 -foot setback is proposed. A 20 -foot rear yard
setback is required and a proposed 10 -foot setback is shown.
The submitted plan indicates that the proposed structure on proposed Lot 6A-2
does not meet the required rear yard setback. A 20 -foot rear yard setback is
required and a proposed 10 -foot setback is shown.
The applicant will have to obtain variances from the Board of Zoning Appeals for
the above reduced setbacks.
■ Considerations:
The requested subdivision variance is acceptable. This area was plated around
1900. The area is a mixture of single-family dwellings, garage apartments and
duplexes, with the immediate area being predominately single-family. The
subject site contains an existing non -conforming single-family dwelling and
duplex for a total of three dwelling units.
John S. Waller Family Limited Partnership
Page 2 of 2
The proposed single-family dwellings reduce density on this site. The applicant
has agreed to use porous materials, where feasible, to reduce stormwater runoff.
The reduction in density, use of Best Management Practices and the
replacement of older masonry block structures with new structures, which are
utilizing building materials that are in keeping with the general character of the
North Beach Area, will be a benefit to this area.
There was no opposition to the request.
■ Recommendations:
Staff recommended approval of this request with the conditions listed. 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 conditions:
The site shall be developed substantially in accordance with the submitted
subdivision plan entitled "Preliminary Subdivision of Lot 6A, Block 10, Section
E, Cape Henry, Virginia Beach, Virginia," dated June 1, 2011 and prepared by
Gallup Surveyors and Engineers, Ltd. Said plan has been exhibited to the
Virginia Beach City Council and is on file in the Planning Department.
2. The dwellings shall be constructed substantially in accordance with the
submitted renderings entitled "Waller Cottages," dated July 12, 2011. Said
renderings have been exhibited to the Virginia Beach City Council and are on
file in the Planning Department.
3. Porous materials for driveways, walkways and other similar surfaces shall be
utilized where feasible.
4. A note must be placed on the final subdivision plat stating that this subdivision
is approved only for single-family dwellings.
■ 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:
City Manager:
Planning Department
�6yjl
Subdivision Variance to Section 4.4 (b)
10
September 14, 2011 Public Hearing
APPLICANT/ PROPERTY OWNER:
JOHN S. WALLER
FAMILY LIMITED
PARTNERSHIP
STAFF PLANNER: Ray Odom
REQUEST:
Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all newly created lots
meet all the requirements of the City Zoning Ordinance.
ADDRESS / DESCRIPTION: 203 69"Street at the northwest corner of Atlantic Avenue and 69"Street.
GPIN:
ELECTION DISTRICT:
SITE SIZE:
AICUZ:
24196479830000
LYNNHAVEN
9,000 square feet
Less than 65 dB DNL
SUMMARY OF REQUEST
The applicant has requested a subdivision variance on a non -conforming property to allow the
construction of two single family dwellings. The proposed lots do not meet the minimum lot area
requirement and a variance is required.
Existing Lot: The subject site is zoned R -5R Residential Resort District. This site totals 9,000 square
feet and contains a non -conforming single-family dwelling and duplex. The R -5R District permits single-
family and duplex dwelling units. However, the district does not permit the two uses on one lot. Since
these structures pre-exist the Zoning Ordinance, they are considered to be legal non -conforming
structures. The existing structures are constructed of cinder block with wood frame interiors. City tax
records indicate that the structures were constructed in 1950.
The existing site is conforming as to lot width and area for a single-family dwelling, but is not conforming
as to lot width and area for a duplex. Duplex requirements are 85 -feet of lot width for a corner lot and
10,000 square feet of lot area. This site has 60 -feet of lot width and contains 9,000 square feet of lot
area.
The existing single-family structure does not meet the minimum side yard setback, when adjacent to a
street. An 18 -foot setback is required and the structure has an approximate 10.5 foot setback.
JOHN S. WALLER FAMILY LIMITED PARTNERSHIP
Agenda Item 10
Page 1
The existing duplex does not meet the minimum rear yard setback. A 20 -foot foot setback is required and
the structure has an approximate 14 -foot setback.
Proposed Lots: It is the intent of the applicant to remove the existing structures and subdivide the site
into two lots. Each lot will be limited to a two-story single-family dwelling with wood cedar shake siding.
The proposed lots will meet the minimum lot width requirement, but will not meet the minimum lot area
requirement. 5,000 square feet of lot area is required for each lot. Each proposed lot will contain 4,500
square feet of lot area and a variance is required.
The submitted plan indicates that the proposed structure on proposed Lot 6A-1 does not meet the
required front yard and rear yard setbacks. A 20 -foot front yard setback is required and an 18 -foot
setback is proposed. A 20 -foot rear yard setback is required and a proposed 10 -foot setback is shown.
The submitted plan indicates that the proposed structure on proposed Lot 6A-2 does not meet the
required rear yard setback. A 20 -foot rear yard setback is required and a proposed 10 -foot setback is
shown.
The applicant will have to obtain variances from the Board of Zoning Appeals for the above reduced
setbacks.
Item RaQuired Lot 6A-1 Lot 6A-2
Lot Width in feet 60 corner/50 interior 50 60
Lot Area insquare feet 5,000 4,500" 4,500"
*Variance required
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Single-family dwelling and duplex.
SURROUNDING LAND North: . Single-family dwelling / R -5R Residential Resort District
USE AND ZONING: South: . 69th Street / Single-family dwellings / R -5R Residential Resort
District
East: . Atlantic Avenue / Duplex /Single-family dwelling/ R -5R
Residential Resort District
West: . Single-family dwelling / R -5R Residential Resort District
COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in the Suburban Area,
Suburban Focus Area 7 -North Beach Area. This area is characterized by a compact arrangement of single-
family and duplex units with a relatively high density. The area also has high impervious surface coverage and
problematic topographic conditions, all of which combine to create recurring stormwater drainage problems.
Recommendations for North Beach area include parcel consolidation, density stabilization and the use of Best
Management Practices (BMPs) for stormwater control. Improvement and reconstruction should use porous
materials for driveways, walkways and other similar surfaces, where feasible, to achieve a net reduction of
impervious coverage. Attractive and high quality materials capable of withstanding severe weather events
should also be utilized.
JOHN S. WALLER FAMILY LIMITED PARTNERSHIP
Agenda Item 10
Page 2
IMPACT ON CITY SERVICES
WATER: This site currently connects to City water. The two existing 5/8 inch water meters can be utilized or
upgraded to accommodate the proposed development.
SEWER: This site is currently connected to City sanitary sewer. Analysis of Pump Station #101 and the
sanitary sewer collection system is required to ensure future flows can be accommodated.
There are various existing water and sanitary sewer lines in the Atlantic Avenue and 69`h Street right-of-ways.
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
A. Strict application of the ordinance would produce undue hardship.
B. The authorization of the variance will not be of substantial detriment to adjacent property,
and the character of the neighborhood will not be adversely affected.
C. The problem involved is not of so general or recurring a nature as to make reasonably
practicable the formulation of general regulations to be adopted as an amendment to the
ordinance.
D. The hardship is created by the physical character of the property, including dimensions
and topography, or by other extraordinary situation or condition of such property, or by
the use or development of property immediately adjacent thereto. Personal or self-
inflicted hardship shall not be considered as grounds for the issuance of a variance.
E. The hardship is created by the requirements of the zoning district in which the property is
located at the time the variance is authorized whenever such variance pertains to
provisions of the Zoning Ordinance incorporated by reference in this ordinance.
EVALUATION AND RECOMMENDATION
The requested subdivision variance is acceptable. This area was plated around 1900. The area is a
mixture of single-family dwellings, garage apartments and duplexes, with the immediate area being
predominately single-family. The subject site contains an existing non -conforming single-family dwelling
and duplex for a total of three dwelling units. City maps indicate that the majority of the existing duplexes
in the area are located on lots that are non -conforming as to lot width and lot area. City maps also
indicate that many of the existing structures in the area do not meet setback requirements. Therefore, it
is not uncommon for uses in the area to be on substandard lots and not meet setback requirements. A
subdivision variance for minimum lot width, flag lot, has been granted within the immediate area.
This proposed is in keeping with the Comprehensive Plan's recommendation for density stabilization,
reducing stormwater runoff and building design for this area. The proposed single-family dwellings
reduce density on this site. The applicant has agreed to use porous materials, where feasible, to reduce
stormwater runoff. The exterior siding material will be wood cedar shake. It is highly attractive, very
durable and has been used extensively along the bay and ocean fronts.
JOHN S. WALLER FAMILY LIMITED PARTNERSHIP
Agenda Item 10
Page 3
The reduction in density, use of Best Management Practices and the replacement of older masonry block
structures with new structures, which are utilizing building materials that are in keeping with the general
character of the North Beach Area, will be a benefit to this area. Therefore, staff recommends approval of
this request with the conditions below.
CONDITIONS
1. The site shall be developed substantially in accordance with the submitted subdivision plan entitled
"Preliminary Subdivision of Lot 6A, Block 10, Section E, Cape Henry, Virginia Beach, Virginia," dated
June 1, 2011 and prepared by Gallup Surveyors and Engineers, Ltd. Said plan has been exhibited to
the Virginia Beach City Council and is on file in the Planning Department.
2. The dwellings shall be constructed substantially in accordance with the submitted renderings entitled
"Waller Cottages," dated July 12, 2011. Said renderings have been exhibited to the Virginia Beach
City Council and are on file in the Planning Department.
3. Porous materials for driveways, walkways and other similar surfaces shall be utilized where feasible.
4. A note must be placed on the final subdivision plat stating that this subdivision is approved only for
single-family dwellings.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
JOHN S. WALLER FAMILY LIMITED PARTNERSHIP
Agenda Item 10
Page 4
70th St -Oct
w 4
S
MOW
�q� �� •t S mal
GIDt
t
P ` e
__. aA
f
Proposed Lot 6A-1
4500 A SO. FT
3
rr
0
co
w
w
V)
t
4a
t0
Proposed Lot 6A-2
4500.0 S0, I I
ATLANTIC AVENUE (120' R/W)
(M.8 i P 8u)
ED SINGLE FAMILY NOME
ED SINGLE FAMILY HOME
PROPOSED SITE PLAN
.f�
JOHN S. WALLER FAMILY LIMITED PARTNERSHIP '
Agenda Item 10
Page 6
z
0
a
w
J
W
z
O
v
F-
M :D
O
H V)
z J
� J
Q
0
W
C9
Q
F-
0
Ir U
Ir
W
J
J
Q
3
ELEVATION
JOHN S. WALLER FAMILY LIMITED PARTNERSHIP
Agenda Item 10
Page 7
�� P
r
Z
O
F_
Q
w
J
w
w
0
F--
a
w
0
w
Q
F-
F -
0
U
x
w
J
J
Q
G
0
ELEVATION
JOHN S. WALLER FAMILY LIMITED PARTNERSHIP
Agenda Item 10
Page 8
z
O
a
w
J
LJ
_0
u
H
L
W
0
Q
H
t -
O
U
C`
W
J
J
Q
'►J
ELEVATION
JOHN S. WALLER FAMILY LIMITED PARTNERSHIP '
Agenda Item 10
Page 9
■' �t� ��I i7I'tjt'�
■,���� �IIIIIII
■G U�r��lh9il�l
LYNNHAVEN John S. Waller Family
Subdivision Variance to Section 4.4 (b)
ZONING HISTORY
# DATE REQUEST ACTION
1 1 06/23/98 Subdivision Variance Lot Width Approved
JOHN S. WALLER FAMILY LIMITED PARTNERSHIP
Agenda Item 10
Page 11
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)
___ plft .t s. �&/,a L LE Q 9,6\J I !2 L. V/A LLJEIZ
2. List all businesses that have a parent -subsidiary' or affiliated business entity
relationship with the applicant: (Attach list if necessary)
[I Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity
relationship with the applicant: (Attach list if necessary)
❑ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
8 See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes _E_ No 111
If yes, what is the name of the official or employee and the nature of their interest?
8vWM " Vadanoe AppaoWon
Pape 9 of 10
RevWed 9I11rOO
O
cn
A
can
DISCLOSURE STATEMENT
JOHN S. WALLER FAMILY LIMITED PARTNERSHIP
Agenda Item 10
Page 12
F-7 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)
Gallup Surveyors & Engineers Ltd.
' "Parent -subsidiary relationship' means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
' 'Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (1) one business entity has a controlling ownership
interest in the other business entity, (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 has been scheduled for
public hearing. I am responsible for obtaining and posting the required sign on the subject property at
'east a prior to the scheduled public hearing according to the instructions in this package. The
and rsigneA also corse try upon the subject property by employees of the Department of
P ning 0 pho(ogWfi and vi#W the sitt for purposes of processing and evaluating this application.
John S. Waller
Print Name
Property Owners Signature (if different than applicant) Print Name
SibdNisim WrW" App6ca8on
Paye 10 of 10
Ravked 7/112008
DISCLOSURE STATEMENT
JOHN S. WALLER FAMILY LIMITED PARTNERSHIP
Agenda Item 10
Page 13
Item #10
John S. Waller Family Limited Partnership
Subdivision Variance
203 69th Street
District 5
Lynnhaven
September 14, 2011
CONSENT
An application of John S. Waller Family Limited Partnership for a Subdivision Variance to
Section 44(b) of the Subdivision Ordinance which requires that all new created lots meet all the
requirements of the City Zoning Ordinance.
CONDITIONS
1. The site shall be developed substantially in accordance with the submitted subdivision plan
entitled "Preliminary Subdivision of Lot 6A, Block 10, Section E, Cape Henry, Virginia Beach,
Virginia," dated June 1, 2011 and prepared by Gallup Surveyors and Engineers, Ltd. Said plan
has been exhibited to the Virginia Beach City Council and is on file in the Planning Department.
2. The dwellings shall be constructed substantially in accordance with the submitted renderings
entitled "Waller Cottages," dated July 12, 2011. Said renderings have been exhibited to the
Virginia Beach City Council and are on file in the Planning Department.
Porous materials for driveways, walkways and other similar surfaces shall be utilized where
feasible.
4. A note must be placed on the final subdivision plat stating that this subdivision is approved only
for single-family dwellings.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances. Plans submitted with this rezoning application may require revision during detailed
site plan review to meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strategies as they pertain to this site.
AYE 11 NAY 0 ABS 0 ABSENT 0
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HODGSON
AYE
HORSLEY
AYE
Item #10
John S. Waller Family Limited Partnership
Page 2
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
THORNTON
AYE
By a vote of 11-0, the Commission approved item 10 by consent.
Morris Fine appeared before the Commission on behalf of the applicant.
CO)
=1
0
m
Q
LT
0
Tom
Ll
C4
ili�l
Tom
cq fio
S
Nu ��
ss0
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: HERITAGE MOTOR COMPANY, INC., Conditional Use Permit, automobile
sales and bulk storage repairs, 5137 Shore Drive (GPIN 1479076706). BAYSIDE
DISTRICT
MEETING DATE: October 25, 2011
■ Background:
The applicant is requesting a conditional use permit to allow motor vehicle sales and
service and bulk storage on the subject site. This site contains an existing service station
building.
A conditional use permit was granted in 1968 for an automobile service station. The
service station use was in operation until the summer of 2007. At that time, the adjoining
automobile sales establishment acquired the site under a lease agreement. The gas
pumps were removed and the site has since operated as an automobile repair garage.
Without the gas pumps, the operation is defined as an automobile repair garage and a
new conditional use permit is required.
It is the intent of the applicant to continue to operate the automobile repair garage and
expand the applicant's adjoining automobile sales onto this highly visible corner site.
The conditional use permit for the bulk storage portion of this request is solely for the
retention of the three existing storage containers.
■ Considerations:
The proposed condition use permit for automobile sales and service and bulk storage is
acceptable. The proposed uses are compatible with surrounding uses. Substantial
improvements to this site have been proposed.
This site is located at the gateway to the Shore Drive Corridor. The proposed site
improvements are in keeping with the Shore Drive Corridor plan's beautification and
enhancement principles. The closure of the curb cuts is also in keeping with the plan's
recommendations to manage access and provide pedestrian safety by limiting vehicle
and pedestrian interaction.
There was no opposition to the request.
■ Recommendations:
Staff recommended approval of this request with the conditions listed. 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
conditions:
Heritage Motor Company, Inc.
Page 2of2
1. The site shall be developed substantially in accordance with the submitted site plan
entitled "Heritage Motors Site Improvement Layout Plan for Heritage Motor
Company, Inc, Virginia Beach, Virginia," dated July 19, 2011 and prepared by
Langley & McDonald, Inc. Said plan has been exhibited to the Virginia Beach City
Council and is on file in the Planning Department.
2. All employee and customer vehicle parking shall be within the delineated parking
spaces, and no vehicles shall be parked within any portion of the public right-of-way.
Vehicles shall not be displayed on raised platforms. Vehicles shall not be displayed
or parked within any landscape area on the site. Vehicles shall not be displayed with
the hood of the vehicle open.
3. No outside repairs are permitted. All repairs shall be performed within the building.
4. Detailing of vehicles, cars and light trucks only, is limited to the confines of the
existing aluminum car port.
5. There shall be no electronic display signs, pennants, streamers, balloons, portable
signs, strings of lights, or banners displayed on the site or the vehicles.
6. Signage on the site shall match the applicants adjoining Heritage Motor Company
sign. The free-standing sign located in the southeastern portion of the site, adjacent
to Independence Boulevard, shall be removed.
7. No outdoor speakers or public address system shall be permitted.
8. Cosmetic repairs such as the replacement of damaged guttering, etc. must be
provided. The applicant shall contact staff to schedule an inspection of the building
to determine what repairs are warranted prior to the submittal of the site plan for
review.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: V, b(y}
BAY51 DE
--Jz�J On
B2
ez
-Rio
gc Motor tom lane, inc.
LinItcMk NirY „y
i
Z
12
CUP for Motor Vehicle Sales, Automobile
rrepait uarage a euwx -rage rato
11
September 14, 2011 Public Hearing
APPLICANT:
HERITAGE MOTOR
COMPANY, INC.
PROPERTY OWNER:
J.W. SMITH
FAMILY
PARTNERSHIP
STAFF PLANNER: Ray Odom
REQUEST:
Conditional Use Permit (Motor Vehicle Sales, Automobile Repair Garage & Bulk Storage Yard)
ADDRESS / DESCRIPTION: 5151 Shore Drive at the corner of Shore Drive and Independence Boulevard
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
1479-07-6706 Bayside 34,079 square feet Less than 65 dB DNL
SUMMARY OF REQUEST
The applicant is requesting a conditional use permit to allow motor vehicle sales and service and bulk
storage on the subject site. This site contains an existing service station building, gas pump canopy with
the old concrete gas islands, air and vacuum island, service station sign, three storage containers,
garbage dumpster and an aluminum car port.
A conditional use permit was granted in 1968 for an automobile service station. The service station use
was in operation until the summer of 2007. At that time, the adjoining automobile sales establishment
acquired the site under a lease agreement. The gas pumps were removed and the site has since
operated as an automobile repair garage. Without the gas pumps, the operation is now defined as an
automobile repair garage and a new conditional use permit is required for this use. The applicant has
stated that they were not aware that a different use permit, for just a repair facility, was required when the
gas pumps were removed.
It is the intent of the applicant to continue to operate the automobile repair garage and expand the
applicant's adjoining automobile sales onto this highly visible corner site. The conditional use permit for
the bulk storage portion of this request is solely for the retention of the three existing storage containers.
HERITAGE MOTOR COMPANY, INC.
Agenda Item 11
Page 1
The submitted site plan depicts that the existing canopy, gas pump islands and air and vacuum island will
be removed. The existing service station sign will be replaced with a new sign matching the applicants
adjoining business' sign. At staffs request, the two entrances closest to the corner of Shore Drive and
Independence Boulevard are depicted on the site plan as being closed. Planters will be utilized to close
the subject Shore Drive entrance. The subject Independence Boulevard entrance will be closed utilizing
landscaping and curbing which will bring this site into compliance with the parking lot landscaping
requirements. In addition, all existing landscaping is being refurbished and upgraded.
Once the construction is completed the existing concrete and asphalt will be repaired, sealed and parking
spaces will be striped. No structural improvements to the existing building are proposed. Cosmetic
repairs such as the replacement of damaged guttering, etc will be provided. Three planters are being
provided in front of the building. The existing aluminum car port, located directly behind the existing
building, will remain and be utilized for the detailing of cars and light trucks only.
The existing storage containers and dumpster will be screened with a solid wood fence.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Discontuned service station site now being utilized for automobile repair.
SURROUNDING LAND North:
. Shore Drive / Little Creek Amphibious Base / 1-2 Heavy
USE AND ZONING:
Industrial District
South:
. Mini -warehouses / convenience store / B-2 Community
Business District
East:
• Independence Boulevard / Little Creek Amphibious Base
Housing / 1-2 Heavy Industrial District
West:
. Automobile sales / B-2 Community Business District
COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Suburban Area. This site is
adjacent to the western terminus of Suburban Focus Area 1 (Shore Drive Corridor). The terminus being
the eastern side of the Independence Boulevard and Shore Drive intersection, with this site being on the
western side of the intersection. Given the proximity and the site being part of the same intersection, it is
reasonable to consider this intersection a gateway to the Shore Drive Corridor. Therefore, the policies for the
Shore Drive Corridor must be considered for guidance in its future development.
Some of the goals of the Suburban Focus Area are to improve land use compatibilities, encourage reuse and
revitalization of existing commercial properties, promote safe interconnectivity of pedestrians and encourage
corridor beautification. The Shore Drive Corridor Plan's goal is to protect, restore and enhance the corridor.
The proposed site enhancements lend themselves to corridor beautification and enhancement, most notably
the proposed landscape plan. The closure of the curb cuts is in keeping with the plan's access management
recommendations to improve access along the Shore Drive corridor. The entrance closures also provide
additional pedestrian safety by limiting vehicle and pedestrian interaction.
HERITAGE MOTOR COMPANY, INC.
Agenda Item 11
Page 2
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP):
There are no proposed Capital Improvement Projects proposed for this portion of Shore Drive.
There is a Capital Improvement Project proposed for this portion of Independence Boulevard. Phase V (CIP
2.853) is for the construction of a six -lane divided highway from Shore Drive to Haygood Road. However, this
project is not funded.
There is no measurable increase in traffic generation anticipated with the proposed uses.
WATER: This site is connected to City water. The existing one inch water meter can be utilized or upgraded to
accommodate the proposed development.
SEWER: This site is connected to City sanitary sewer. Pump station number 311, the receiving pump station
for this site, has capacity issues and may require system modification. An engineering hydraulic analysis of
pump station number 311 is required to ensure future flows can be accommodated.
EVALUATION AND RECOMMENDATION
The proposed condition use permit for automobile sales and service and bulk storage is acceptable. The
proposed uses are compatible with surrounding uses. Substantial improvements to this site have been
proposed. All remnants of the service station use such as the pump island canopy and gas islands,
signage, etc. are being removed. The closure of the two entrances adjacent to the intersection of Shore
Drive and Independence Boulevard enhances vehicle and pedestrian safety and the landscaping brings
this site into compliance with the parking lot landscaping requirements. Restriping of the parking area will
ensure that vehicles will be kept in an orderly fashion on the site.
This site is located at the gateway to the Shore Drive Corridor. The Comprehensive Plan goals for the
Suburban Focus Area are to improve land use compatibilities, encourage reuse and revitalization of
existing commercial properties, promote safe interconnectivity of pedestrians and encourage corridor
beautification. The Shore Drive Corridor Plan's goal is to protect, restore and enhance the corridor. The
proposed site improvements are in keeping with the plan's beautification and enhancement principles.
The closure of the curb cuts is also in keeping with the plan's recommendations to manage access and
provide pedestrian safety by limiting vehicle and pedestrian interaction. Therefore, staff recommends
approval of this request with the following conditions.
CONDITIONS
1. The site shall be developed substantially in accordance with the submitted site plan entitled "Heritage
Motors Site Improvement Layout Plan for Heritage Motor Company, Inc, Virginia Beach, Virginia,"
dated July 19, 2011 and prepared by Langley & McDonald, Inc. Said plan has been exhibited to the
Virginia Beach City Council and is on file in the Planning Department.
2. All employee and customer vehicle parking and di6play for sale shall be within the
shall be within the delineated parking spaces, and no vehicles shall be
HERITAGE MOTOR COMPANY, INC.
Agenda Item 11
Page 3
parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised
platforms. Vehicles shall not be displayed or parked within any landscape area on the site. Vehicles
shall not be displayed with the hood of the vehicle open.
3. No outside repairs are permitted. All repairs shall be performed within the building.
4. Detailing of vehicles, cars and light trucks only, is limited to the confines of the existing aluminum car
port.
5. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings of
lights, or banners displayed on the site or the vehicles.
6. Signage on the site shall match the applicants adjoining Heritage Motor Company sign. The free-
standing sign located in the southeastern portion of the site, adiacent to Independence Boulevard,
shall be removed.
7. No outdoor speakers or public address system shall be permitted.
8. Cosmetic repairs such as the replacement of damaged guttering, etc. must be provided. The applicant
shall contact staff to schedule an inspection of the building to determine what repairs are warranted
prior to the submittal of the site plan for review.
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.
HERITAGE MOTOR COMPANY, INC.
Agenda Item 11
Page 4
•
Little Creek Naval Housing
S{lor
K r. a >r►v � �� ,, �..
"
flow
w 4
/ >
�,.� �� en.� � moi. ? �.,• ;. �`
�1 Vltl �SLZZ�� ��. ♦
� \V
Aw "�►.�
IN
y
N
a
it
� af3i F.P�aQ�NS`Lr a A!
i
PROPOSED SITE PLAN
HERITAGE MOTOR COMPANY, INC.
Agenda Item 11
Page 6
ait3
R
�I
a
i
�b:• 1
v
PROPOSED SITE PLAN
HERITAGE MOTOR COMPANY, INC.
Agenda Item 11
Page 6
SAY51 DE
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)
r 1
ips i - .T
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 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)
J. J. Smi-fh l ami. Parl-ner, hip: '.rla gafurnm,
williQrh A. Jmtth', &, •_= L. Smith
2. List all businesses that have a parent -subsidiary' or affiliated business enty
relationship with the applicant: (Attach list if necessary)
No&
❑ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& ZSee next page for footnotes
0
PIP
P ---t
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes _ No ✓
If yes, what is the name of the official or employee and the nature of their interest?
O
Condi ms] Use PerrNt Appiwatlon
Page 9 of 10
Revised 713/2007 Como
DISCLOSURE STATEMENT
HERITAGE MOTOR COMPANY, INC.
Agenda Item 11
Page 8
O DISCLOSURE STATEMENT
A
V
W
W
L=
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 ngcessay�+1
j"n rYll/U11 f V Ann l {"a 9wk_ b•F h1l`1 (1hWi1VLn✓tu 1vn J j (�
R�A i 4161 t° A,(il t D It 'Via Mod r ,_(f no,a�/1 r" i
"Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests 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, (H) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the Instructions In this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
�AGV//>/ 8R1rJ r
Print Name
64t 47*0� C9
than applicant) Print Name
U3 t.A La. / Ll -L'..
CorKhtlonal use Penna Appecatfon
Page 10 or 10
Pe ed 7/372007
DISCLOSURE STATEMENT
HERITAGE MOTOR COMPANY, INC.
Agenda Item 11
Page 9
Item #11
Heritage Motor Company, Inc.
Conditional Use Permit
5151 Shore Drive
District 4
Bayside
September 14, 2011
CONSENT
An application of Heritage Motor Company, Inc. for a Conditional Use Permit for motor vehicle
sales, automobile repair garage and bulk storage on property located at 5151 Shore Drive at the
corner of Shore Drive and Independence Boulevard, District 4, Bayside. GPIN:
14790767060000.
CONSENT
CONDITIONS
1. The site shall be developed substantially in accordance with the submitted site plan entitled
"Heritage Motors Site Improvement Layout Plan for Heritage Motor Company, Inc, Virginia
Beach, Virginia," dated July 19, 2011 and prepared by Langley & McDonald, Inc. Said plan has
been exhibited to the Virginia Beach City Council and is on file in the Planning Department.
2. All employee and customer vehicle parking a -ad display ef �v�ieles for- sale shall be within the
shall be within the delineated Parking spaces, and no vehicles shall be
parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised
platforms Vehicles shall not be displayed or parked within any landscape area on the site.
Vehicles shall not be displayed with the hood of the vehicle open.
3. No outside repairs are permitted. All repairs shall be performed within the building.
4. Detailing of vehicles, cars and light trucks only, is limited to the confines of the existing
aluminum car port.
5. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings
of lights, or banners displayed on the site or the vehicles.
6. Signage on the site shall match the applicants adjoining Heritage Motor Company sign. The ree-
standing sign located in the southeastern portion of the site, adiacent to Independence Boulevard,
shall be removed.
7. No outdoor speakers or public address system shall be permitted.
8. Cosmetic repairs such as the replacement of damaged guttering, etc. must be provided. The
applicant shall contact staff to schedule an inspection of the building to determine what repairs
Item #11
Heritage Motor Company, Inc.
Page 2
are warranted prior to the submittal of the site plan for review.
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 11 NAY 0
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HODGSON
AYE
HORSLEY
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
THORNTON
AYE
ABS 0 ABSENT 0
By a vote of 11-0, the Commission approved item 11 by consent.
Tom Langley appeared before the Commission on behalf of the applicant.
Kil
laA
N
a
k
O
2
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: AUTO PROPERTIES, LLC/KH REAL ESTATE, LLC,
Conditional Change of Zoning, R-7.5 Residential to Conditional B-2 Community
Business, Comprehensive Plan — Suburban Area. Use: used car sales,
Conditional Use Permit, motor vehicle sales & service, 326 & 330 Malibu Drive
(GPIN 1487655285; 1487655198). LYNNHAVEN DISTRICT
MEETING DATE: October 25, 2011
■ Background:
The applicant proposes to rezone 2 existing R-7.5 properties to B-2 Community
Business District and add these areas into the existing auto sales and service
Conditional Use Permit in order to expand their operation. Specially, the site plan
depicts the removal of 2 existing single family dwellings to be replaced with an
expansion to the auto sales and service facility's parking lot. The application
indicates that the proposed parking lot is intended to alleviate a parking problem
along the right-of-way.
The site plan depicts 49 parking spaces with several small landscape islands and
the required 15 foot buffer containing plant material and a 6 foot high, solid PVC
privacy fence along the northern property line. A row of plants are depicted to be
installed within a 4.5 foot wide planting area running the length of the proposed
parking lot along Malibu Drive. If approved, during final site plan review, the
layout of the parking spaces may be impacted to fully comply with all interior
parking lot and streetscape landscaping requirements.
Access to the parking lot is proposed internally via the existing sales and service
facility with an existing ingress/egress along Malibu Drive.
■ Considerations:
In 2000, additions totaling 21,400 square feet to the auto sales and service
building were approved by City Council. No changes to the property boundaries
were proposed at that time. The staff report noted that there were 558 parking
spaces, some of which were leased to adjacent properties, and with the building
expansions, 13 spaces would be lost. The use requires only 47 parking spaces
so ample parking for customers and employees is available.
As the application states that the parking lot expansion is proposed to alleviate a
"parking problem," it is Staff's opinion that the "problem" may be caused by the
applicant's leasing spaces to adjacent property owners and by having too much
inventory than what can be sold in a reasonable amount of time.
Auto Properties II, LLC
Page 2 of 3
The Comprehensive Plan recognizes that the Rosemont SGA is surrounded by
numerous stable residential neighborhoods and seeks to address the edges of
these neighborhoods through better transition between existing single-family
detached residential areas to the north and commercial or other non-residential
uses to the south that front along Virginia Beach Boulevard. The addition of a
parking lot is counter to this goal.
Based on the recommendations of the Comprehensive Plan, and the negative
visual and quality of life impacts that the parking lot extension will have on the
adjacent single family neighborhood, Staff recommends no change to the
existing zoning nor to the sales and service facility for the additional parking lot
and that both requests be denied. Staff recommends that no commercial
development be permitted north of Malibu Palms Drive in order to maintain the
present stable character of the neighborhood along Malibu Drive.
There was opposition to this request.
■ Recommendations:
Staff recommended denial of this application. The Planning Commission, passing
a motion by a recorded vote of 9-2, denied the approval of this request to the City
Council.
The following are proffers submitted by the applicant as part of a Conditional
Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the
City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to
"offset identified problems to the extent that the proposed rezoning is
acceptable," (§107(h)(1)).
Should this application be approved, the proffers will be recorded at the Circuit
Court and serve as conditions restricting the use of the property as proposed with
this change of zoning.
PROFFER 1:
When the Property is redeveloped, it shall be resubdivided and, by vacation of all
internal property lines, incorporated into the adjacent commercially zoned parcel
abutting the eastern and southern boundaries.
PROFFER 2:
When the Property is redeveloped, it shall only be used for surface parking
substantially in accordance with the exhibit entitled "CONCEPT PLAN, 49
SPACE EMPLOYEE OVERFLOW PARKING LOT", dated July 22, 2010,
prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning (hereinafter "Concept Plan").
Auto Properties II, LLC
Page 3 of 3
PROFFER 3:
When the Property is developed, the fencing and permanent landscape buffer
areas shall be installed and maintained along the western boundary of the
Property and adjacent to Malibu Drive as depicted and described on the Concept
Plan.
PROFFER 4:
When the Property is developed, all exterior lighting shall be low intensity and
residential and in accordance with Section 237 of the City's Zoning Ordinance, all
outdoor lights shall be shielded to direct light and glare onto the parking lot; said
lighting and glare shall be deflected, shaded and focused away from all adjoining
property.
PROFFER 5:
Further conditions or restrictions against the Property may be required by
Grantee during the detailed Site Plan review and administration of applicable
codes and regulations of Grantee by all appropriate agencies and departments of
Grantee.
STAFF COMMENTS: While the proffers are sufficient in a legal sense, Staff does
not recommend approval of the proposal.
The City Attorney's Office has reviewed the proffer agreement dated July 22, 2011,
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 denial. Planning Commission recommends
denial.
Submitting Department/Agency: Planning Department<��
City Manager: S
LYNNHAVEN
N tdt Gk ?., Auto fl o perties 11, LLU
ez �
A24
i
B2
�U, �.
BZ B2 B2 4
� 1 1
CondWonalZoning Change from R-7.5 to Conditional S-2
CUP • At.
Sales 8 Service
21 &22
September 14, 2011 Public Hearing
APPLICANT:
AUTO
PROPERTIES II,
LLC
PROPERTY OWNER:
KH REAL ESTATE,
LLC
STAFF PLANNER: Carolyn A.K. Smith
REQUESTS:
Conditional Change of Zoning (R-7.5 Residential District to B-2 Community Business District)
Conditional Use Permit (Auto Sales & Service)
ADDRESS / DESCRIPTION: 326 & 330 Malibu Drive
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14876552850000 LYNNHAVEN 16,219 square feet Less than 65 dB DNL
14876551980000
SUMMARY OF REQUEST
The applicant proposes to rezone 2 existing R-7.5 properties to B-2 Community Business District and add
these areas into the existing auto sales and service Conditional Use Permit in order to expand the
operation which has been in existence for approximately 20 years. Specially, the submitted site plan
depicts the removal of 2 existing single family dwellings to be replaced with an expansion to the auto
sales and service facility's parking lot. The application indicates that the proposed parking lot is intended
to alleviate a parking problem along the right-of-way.
Originally, no proffer agreement was submitted with the application although the applicant's
representative was informed that this document would provide certainty to surrounding property owners,
decision makers and staff as to the intended proposed use now and for the future. A proffer agreement
was recently submitted and the rezoning request was deferred to the September Planning Commission
agenda.
The submitted site plan depicts 49 parking spaces with several small landscape islands and the required
15 foot buffer containing plant material and a 6 foot high, solid PVC privacy fence along the northern
property line. A row of plants are depicted to be installed within a 4.5 foot wide planting area running the
length of the proposed parking lot along Malibu Drive. If approved, during final site plan review, the
AUTO PROPERTIES II, LLC
Agenda Item 21 & 22
Page 1
ultimate layout of the parking spaces may shift in order to meet both the interior parking lot and
streetscape landscaping requirements.
Access to the parking lot is proposed internally via the existing sales and service facility with an existing
ingress/egress along Malibu Drive.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: 2 single family dwellings, which are now demolished
SURROUNDING LAND North:
. Single family dwellings / R-7.5 Residential District
USE AND ZONING: South:
. Auto sales and service / B-2 Community Business District
East:
. Auto sales and service / B-2 Community Business District
West:
. Malibu Drive
Present Capacity
• Single-family homes / R-7.5 Residential District
NATURAL RESOURCE AND The properties are located within the Chesapeake Bay watershed. As
CULTURAL FEATURES: these relatively small lots are developed with single family dwellings and
parking lot, there do not appear to be any significant environmental
features on these sites.
COMPREHENSIVE PLAN: This property is located in the Urban Area - Rosemont Strategic Growth Area,
SGA 5. The draft Rosemont SGA Master Plan was prepared in April 2011. It recognizes that the Rosemont
SGA is surrounded by numerous stable residential neighborhoods and seeks to address the edges of these
neighborhoods through better transition between existing single-family detached residential areas to the north
and commercial or other non-residential uses to the south that front along Virginia Beach Boulevard.
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach
Boulevard is an 8 lane, urban, major arterial. Malibu Drive is a 2 lane local street. Neither Virginia Beach
Boulevard nor Malibu Drive in the vicinity of this request is listed on the MTP or the CIP list for upgrade.
TRAFFIC:
Street Name
Present Volume
Present Capacity
Generated Traffic
Virginia Beach
56,700 ADT
56,240 ADT (Level of
Existing Land Use —
Boulevard
Service "D")
20 ADT
64,260 ADT' (Level of
Proposed Land Use 3 -
Service "E")
0 ADT
9,900 ADT' (Level of
Service "D"
Malibu Drive
No Data Available
Average Daily Trips
2 as defined by 2 dwellings
3 as defined by a parking lot which itself does not generate traffic
AUTO PROPERTIES II, LLC
Agenda Item 21 & 22
Page 2
WATER & SEWER: These sites are already connected to City water and sewer; however, with the
redevelopment of a parking lot, no connections will be necessary.
EVALUATION AND RECOMMENDATION
In 2000, additions totaling 21,400 square feet to the auto sales and service building were approved by City
Council. No changes to the property boundaries were proposed at that time. The 2000 staff report noted that
there were 558 parking spaces, some of which were leased to adjacent properties, and with the building
expansions, 13 spaces would be lost. The use requires only 47 parking spaces so ample parking for
customers and employees is available. As the application states that the parking lot expansion is proposed to
alleviate a "parking problem," it is Staffs opinion that the "problem" may be caused by the applicant's leasing
spaces to adjacent property owners and by having too much inventory than what can be sold in a reasonable
amount of time.
The submitted site plan depicts the removal of 2 existing single family dwellings to be replaced with an
expansion to the auto sales and service facility's parking lot. Ingress/egress to the parking lot addition is
proposed internally through the facility's entrance along Malibu Drive. The submitted site plan depicts 49
parking spaces with several small landscape islands and the required 15 foot buffer, with plants and a privacy
fence at the edge of the parking spaces, along the northern property line. The layout of the parking may be
impacted during final site plan review in order to fully comply with all landscaping requirements.
Originally, no proffer agreement was submitted with the application. At the behest of Staff, a conditional
rezoning agreement has been submitted that limits to the use of the parcels to parking for the auto sales and
service facility. This agreement aids is providing certainty to surrounding property owners, decision makers
and staff as to the intended proposed use and layout now and into the future.
The Comprehensive Plan recognizes that the Rosemont SGA is surrounded by numerous stable residential
neighborhoods and seeks to address the edges of these neighborhoods through better transition between
existing single-family detached residential areas to the north and commercial or other non-residential uses to
the south that front along Virginia Beach Boulevard. The addition of a parking lot is counter to this goal. The
Comprehensive Plan Reference Handbook addresses site design in urban areas and recommends that
parking areas not dominate the frontage of streets and should be located behind buildings or in the interior of a
block (p. B-2).
Based on the recommendations of the Comprehensive Plan, and the negative visual and quality of life impacts
that the parking lot extension will have on the adjacent single family neighborhood, Staff recommends no
change to the existing zoning nor to the sales and service facility for the additional parking lot and that both
requests be denied. Staff recommends that no commercial development be permitted north of Malibu Palms
Drive in order to maintain the present stable character of the neighborhood along Malibu Drive.
AUTO PROPERTIES II, LLC
Agenda Item 21 & 22
Page 3
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers
in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When the Property is redeveloped, it shall be resubdivided and, by vacation of all internal property lines,
incorporated into the adjacent commercially zoned parcel abutting the eastern and southern boundaries.
PROFFER 2:
When the Property is redeveloped, it shall only be used for surface parking substantially in accordance with
the exhibit entitled "CONCEPT PLAN, 49 SPACE EMPLOYEE OVERFLOW PARKING LOT", dated July 22,
2010, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan").
PROFFER 3:
When the Property is developed, the fencing and permanent landscape buffer areas shall be installed and
maintained along the western boundary of the Property and adjacent to Malibu Drive as depicted and
described on the Concept Plan.
PROFFER 4:
When the Property is developed, all exterior lighting shall be low intensity and residential and in accordance
with Section 237 of the City's Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare
onto the parking lot; said lighting and glare shall be deflected, shaded and focused away from all adjoining
property.
PROFFER 5:
Further conditions or restrictions against the Property may be required by Grantee during the detailed Site
Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and
departments of Grantee.
STAFF COMMENTS: While the proffers are sufficient in a legal sense, Staff does not recommend approval of
the proposal.
The City Attorney's Office has reviewed the proffer agreement dated July 22, 2011, 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 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 or 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.
AUTO PROPERTIES II, LLC
Agenda Item 21 & 22
Page 4
--- AI C ° tt
-t
�` lam. r y yM � .r .+. .r .,i• i+ � � . S. ✓
I Ym
Palms fir• fC }„ r v
Beach Blvd , .t
tipLTH
D BUTLER y w•r^ ,�„]
y Lic. No.
S 38395 Q
P.,h 1-25-11 4'
Y -Y NW r*
�SS1LI.NAL
\ � % IIIIL1II
fc
---4 L*J Mf (1C pM)
I�Yr I¢aeira ax.,c .n
ausn� .nA,w lrroxswrm +.m s r.
f uar iwsc.n¢ rsolotu ram u.
f
I
i�
i
I
ld
C1
PROPOSED PARKING LOT LAYOUT
AUTO PROPERTIES II, LLC
Agenda Item 21 & 22
Page 6
LYNNHAVEN
Melo
Ma of �/ fo- Tutu utu rruplortics JuL, J,],`.
CO a
r _ --------- B2
f 5U �l C�
i!
oCD
1.1 El P
B2 B2132
Conditional Zoning Change from R-7.5 to Conditional 8-2
CUP- Auto Sales & Service
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
06/09/09
CUP (commercial recreation facility)
Granted
08/05/03
CUP commercial recreation facility)
Granted
2
02/08/00
CUP (motor vehicle rentals)
Granted
02/22/94
CUP (motor vehicle sales)
Granted
01/11/88
CUP motor vehicle sales & service
Granted
3
1 08/11/80
CUP senior housing)
Granted
AUTO PROPERTIES II, LLC
Agenda Item 21 & 22
Page 7
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)
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 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)
K Z634 -,L ar—
K-R Owat
i
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm, business,
or other unincorporated organization.
& ` See next page for footnotes
O
�.J
Conditional Use Permit Application
Page 9 of 70
Revised 9MI2004
DISCLOSURE STATEMENT
AUTO PROPERTIES II, LLC
Agenda Item 21 & 22
Page 8
DISCLOSURE STATEMENT
O
A
O
V
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
�I■/ 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, (il) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
CERTIFICATION: I certify that the information contained herein Is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, I am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instructions in this package.
ure Print Name ---
Signature (if clWerent than applicant) Print Name
Condtional Use Permit Application
Page 10 of 10
Revised 9/12004
DISCLOSURE STATEMENT
AUTO PROPERTIES II, LLC
Agenda Item 21 & 22
Page 9
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)
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
0 Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only it property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity
relationship with the applicant: (Attach list if necessary)
❑ Check here if the property owner is NOT a corporation. partnership. firm.
business, or other unincorporated organization.
& 2 See next page for I.:,rrr)r'
-- s
0
N
RBz000g Appbca c
P,.n: A of tr
H.:-. rxd 9 t 74tiNt
DISCLOSURE STATEMENT
AUTO PROPERTIES II, LLC
Agenda Item 21 & 22
Page 10
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
' "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 is ctions in this package.
- -- J ono
Applicant' ignature �Print Name
r operty Owner's Signature tit different than applicant) /i'rmt Name
Rezon�rry A4-t,a .
P�}Ie tr
DISCLOSURE STATEMENT
AUTO PROPERTIES II, LLC
Agenda Item 21 & 22
Page 11
Item #21 & 22
Auto Properties II, L.L.C.
Conditional Change of Zoning
Conditional Use Permit
326 & 330 Malibu Drive
District 5
Lynnhaven
September 14, 2011
REGULAR
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When the Property is redeveloped, it shall be resubdivided and, by vacation of all internal property lines,
incorporated into the adjacent commercially zoned parcel abutting the eastern and southern boundaries.
PROFFER 2:
When the Property is redeveloped, it shall only be used for surface parking substantially in accordance with
the exhibit entitled "CONCEPT PLAN, 49 SPACE EMPLOYEE OVERFLOW PARKING LOT", dated July
22, 2010, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Concept Plan").
PROFFER 3:
When the Property is developed, the fencing and permanent landscape buffer areas shall be installed and
maintained along the western boundary of the Property and adjacent to Malibu Drive as depicted and described
on the Concept Plan.
PROFFER 4:
When the Property is developed, all exterior lighting shall be low intensity and residential and in accordance
with Section 237 of the City's Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare
onto the parking lot; said lighting and glare shall be deflected, shaded and focused away from all adjoining
property.
PROFFER 5:
Further conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan
review and administration of applicable codes and regulations of Grantee by all appropriate agencies and
departments of Grantee.
STAFF COMMENTS: While the proffers are sufficient in a legal sense, Staff does not recommend approval
of the proposal.
Item #21 & 22
Auto Properties II, L.L.C.
Page 2
The City Attorney's Office has reviewed the proffer agreement dated July 22, 2011, 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 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 or 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.
A motion was made by Commissioner Thornton to deny the application with a second by Commissioner
Ripley.
By a vote of 9-2, the Commission denied items 21 & 22.
Billy Garrington appeared before the Commission on behalf of the applicant.
Robert Malledin appeared before the Commission in opposition.
AYE 9 NAY 2 ABS 0 ABSENT 0
BERNAS
AYE
FELTON
NAY
HENLEY
AYE
HODSGON
AYE
HORSLEY
AYE
LIVAS AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRAN GE
NAY
THORNTON
AYE
By a vote of 9-2, the Commission denied items 21 & 22.
Billy Garrington appeared before the Commission on behalf of the applicant.
Robert Malledin appeared before the Commission in opposition.
In Reply Refer To Our File No. DF8151
TO: Mark D. Stiles
FROM: B. Kay Wilso ,
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: October 13, 2011
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; KH Real Estate, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on October 25, 2011. 1 have reviewed the subject proffer agreement, dated
July 22, 2011 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
B KW/ks
Enclosure
cc: Kathleen Hassen
KH REAL ESTATE, LLC, a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 22nd day of July, 2011, by KH REAL ESTATE,
LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of two (2) certain contiguous parcels of
property located in the Rose Hall District of the City of Virginia Beach, containing
approximately sixteen thousand (16,000) square feet and described in Exhibit "A"
attached hereto and incorporated herein by this reference, said parcels being
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 addressed to the Grantee so as to
change the Zoning Classification of the Property from R-7.5 Residential District to
Conditional B-2 Community Business 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
GPIN: 1487-65-5285
1487-65-5198
Prepared By:
R. Edward Bourdon, Jr., Esquire
Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
1
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to
recognize the effects of change that will be created by the Grantor's proposed rezoning,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned are needed to
resolve the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to
the Zoning Map with respect to the Property, the following reasonable conditions
related to the physical development, operation, and use of the Property to be adopted as
a part of said amendment to the Zoning Map relative and applicable to the Property,
which has a reasonable relation to the rezoning and the need for which is generated by
the rezoning.
NOW, THEREFORE, the Grantor, 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 orUu
d 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 covenant and agree that this declaration shall constitute
covenants running with the Property, which shall be binding upon the Property and
upon all parties and persons claiming under or through the Grantor, its successors,
personal representatives, assigns, grantees, and other successors in interest or title:
1. When the Property is redeveloped, it shall be resubdivided and, by
vacation of all internal property lines, incorporated into the adjacent commercially
zoned parcel abutting the eastern and southern boundaries.
2. When the Property is redeveloped, it shall only be used for surface
parking substantially in accordance with the exhibit entitled "CONCEPT PLAN, 49
SPACE EMPLOYEE OVERFLOW PARKING LOT", dated July 22, 2011. prepared by
Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning (hereinafter
"Concept Plan").
3. When the Property is developed, the fencing and permanent landscape
buffer areas shall be installed and maintained along the western boundary of the
Property and adjacent to Malibu Drive as depicted and described on the Concept Plan.
4. When the Property is developed, all exterior lighting shall be low
intensity and residential and in accordance with Section 237 of the City Zoning
Ordinance, all outdoor lights shall be shielded to direct light and glare onto the parlang
lot; said lighting and glare shall be deflected, shaded and focused away from all
adjoining property.
5. Further conditions or restrictions against the Property may be required
by Grantee during the detailed Site Plan review and administration of applicable codes
and regulations of Grantee by all appropriate agencies and departments of Grantee.
All references hereinabove to R-7.5 and B-2 Districts and to the requirements
and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of
approval of this Agreement by City Council, which are by this reference incorporated
herein.
The above conditions, having been proffered by the 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 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:
3
(i) 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.
4
WITNESS the following signature and seal:
Grantor:
KH Real Estate, LLC,
a Virginia limited liability company
By: Wq WC -(SEAL)
Kenneth A. Hall, Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit: _
The fo egoing instrument was acknowledged before me this �/ day of
2011, by Kenneth A. Hall, Manager of KH Real Estate, LLC, a
Virginia limited liability company, Grantor.
' `�`�►illllfi�d�
vukupp
Notary fdblic ., '
C3 OF S '
My Commission Expires: Si - rn � z U 0 /
Notary Registration No.: -7O9 5l 5Y3k
P
Pik i.�•....
<,o�'gRY Q0?0', �``
EXHIBIT "A"
ALL THOSE certain lots, pieces or parcels of land, with the improvements thereon, and
appurtenances thereunto belonging, lying, situate and being in the City of Virginia
Beach, Virginia, and known, numbered and designated as Lots 1 and 2, on that certain
plat entitled "SUBDIVISION OF MALIBU" SECTION — 1 PRINCESS ANN COUNTY,
VA.", made by Frank D. Tarrall, Jr. & Associates, dated 196o, which plat is duly
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia,
in Map Book 50, at Page 17.
GPIN: 1487-65-5198
1487-65-5285
\\Sykes,A2k\users\AM\Conditional Rezoning\KH Real Estate\Proffer Agreement doe
2
�x
V
Q
W
m
Nu e�
04
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: OCEAN BREEZE HOLDINGS, LLC,
Change of Zoning District Classification, A-12 Apartment District to Conditional
B-2 Community Business District, Comprehensive Plan — Suburban Area, Use:
outdoor recreation expansion,
Conditional Use Permit, commercial recreation of an outdoor nature, 849 General
Booth Boulevard (GPIN 2416761195). BEACH DISTRICT
MEETING DATE: October 25, 2011
■ Background:
The applicant proposes to rezone the existing Al2 Apartment District to
Conditional B2 Community Business District and obtain a Conditional Use Permit
for a Recreational Facility of an Outdoor Nature — Water Park.
The plan depicts a water slide complex, wave pool, and adventure river. Also
shown on the plan are restrooms, a mechanical equipment building, cabanas,
and a tiki bar. A 16 foot wide pedestrian bridge will connect this recreational area
to the existing park.
■ Considerations:
The applicant's proposal to expand an existing recreation facility is consistent
with the land use principles of the Comprehensive Plan. The proposal offers
outdoor recreational activities for citizens and visitors of Virginia Beach and
complements our City's recreational programs and the resort hospitality industry.
There was no opposition to the request.
■ Recommendations:
Staff recommended approval of this request with the proffers and conditions
listed. 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:
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.
Ocean Breeze Holdings, LLC
Page 2of3
PROFFER 1:
The uses on the Property shall be limited to a theme amusement or recreational
water park.
PROFFER 2:
The Property, when developed, shall be developed in substantial conformance with
the conceptual site plan entitled "Ocean Breeze Waterpark Expansion", dated May
12, 2100, and prepared by Aquatic Development Group, Inc. (the "Site Plan"),
which Site Plan has been exhibited to the City Council and is on file with the City
Planning Department.
PROFFER 3:
Further conditions lawfully imposed by applicable development ordinances may be
required by the Grantee during detailed site plan review and/or subdivision review
and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the
use of the properly and the level of quality of the project.
The City Attorney's Office has reviewed the proffer agreement dated June 1, 2011,
and found it to be legally sufficient and in acceptable legal form.
CONDITIONS
Before any land disturbance occurs on the site the applicant shall submit a
landscape plan to the Current Planning Division of the Planning Department
for review and approval. The plan shall depict the existing natural
characteristics of the site. Healthy plant material in proximity to Owls Creek
shall be preserved and integrated into an effective landscape design. Clearing
in this area shall be confined to the absolute minimum to accommodate the
proposed facility.
2. All lighting should be low level illumination and directed toward the interior of
the park.
3. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except
Memorial Day through Labor Day and on holidays and weekends, closing
shall be at Midnight.
4. There will be no public address system other than for background music and
emergency announcements, no recreational use of Owls Creek associated
with this park and no outdoor concerts.
Ocean Breeze Holdings, LLC
Page 3of3
5. No rock concerts or loud music performances will be permitted.
6. The cabanas shall not be available for overnight use.
■ 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
S
City Manager
BEACH
1-8 ocean Breeze Hojaings, LLU
P1
11* Al2'
Al2 ?' >7J 1B L44
°M sr
BZ,
J:
P1
f1.
(,-j
•za.,�sna c..ai°o�.R�wn+.. oP.. Conditional Zoning •Change from A-12 to Conditional B-2
Lw;' -re
September 14, 2011 Public Hearing
APPLICANT AND PROPERTY
OWNER:
OCEAN BREEZE
HOLDINGS, LLC
STAFF PLANNER: Faith Christie
REQUEST:
Conditional Change of Zoning (from Al2 Apartment District to Conditional B2 Community Business District)
Conditional Use Permit (for Recreational Facility of an Outdoor Nature)
ADDRESS / DESCRIPTION: 849 General Booth Blvd.
GPIN: A PORTION OF ELECTION DISTRICT: SITE SIZE: AICUZ:
24167611950000 BEACH 1.8 ACRES More than 75 dB DNL
SUMMARY OF REQUEST
The applicant proposes to rezone the existing Al2 Apartment District to Conditional B2 Community
Business District and obtain a Conditional Use Permit for a Recreational Facility of an Outdoor Nature —
Water Park.
The submitted plan depicts a water slide complex, wave pool, and adventure river. Additionally,
restrooms, a mechanical equipment building, cabanas, and a tiki bar are depicted. A 16 foot wide
pedestrian bridge will connect this recreational area to the existing park.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: Ocean Breeze Water Park
SURROUNDING LAND North: . Woods / B-2 Business and Conditional 1-1 Light industrial
USE AND ZONING: South: . Seatack Elementary School, City Tennis facility / P-1
Preservation
OCEAN BREEZE HOLDINGS, LLC
Agenda Item 5 & 6
Page 1
East: . A creek and Ocean Breeze Water Park / A-12 Apartment and
B-2 Business
West: . Motor World / A-12 Apartment
NATURAL RESOURCE AND The site is located within the Owl's Creek watershed. The submitted site
CULTURAL FEATURES: development plan should identify the existing natural characteristics of
the site that should be preserved, such as trees and groundcover.
Healthy plant material within these areas should be preserved and
integrated into an effective landscape design. Clearing in this area
should be confined to the absolute minimum to accommodate the
proposed facility. There are no cultural features associated with the site.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as being located in the
Suburban Area and just south of Suburban Focus Area (SFA) North General Booth Boulevard, Site 4.5. Much
of the Suburban Area comprises well-established neighborhood and commercial areas that define the land use
character in the northern portion of the City and should remain that way into the foreseeable future. One of the
characteristics of the Suburban Area that pertains to the surroundings of the subject site is the existence of
various sized tracts of parkland or open space. The Plan's general and specific planning principles for the
Suburban Area reinforce the suburban characteristics of commercial centers and other non-residential areas
that make up part of the Suburban Area. This is accomplished by having all new development proposals either
maintain or enhance the existing development through compatibility with surroundings, quality and
attractiveness of site and buildings, and environmental responsibility.
The subject site is located south of SFA North General Booth Boulevard, Site 4.5; a designation that provides
compatible land use recommendations that highlight opportunities for reinforcing or enhancing the mix of
residential, recreation and passive open spaces of this area. Included in these recommendations is the need
to complete the Aquarium District Plan in order to provide guidance for development of a thematic center and
to advance cultural, educational and economic opportunities within this district. This recommendation is being
implemented through a planning process begun in 2010 to prepare the Virginia Aquarium and Owls Creek
Area Plan. The subject site is included in the study area. Scheduled to be completed and adopted by City
Council in the latter part of 2011, the purpose of this Plan is to encourage strategic development and establish
this area as a southern anchor for the Resort Area.
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to this
site is from both South Birdneck Road and General Booth Boulevard.
South Birdneck Road is a four -lane divided minor suburban arterial with a one hundred five foot (105') right-of-
way width. The Master Transportation Plan (MTP) designates this roadway as a six -lane minor arterial with a
one hundred thirty foot (130) right-of-way width. A major road widening project of Birdneck Road is in the final
stages of completion to widen the roadway to the existing four lanes. No further CIP projects are currently
planned.
General Booth Boulevard is a divided four -lane major suburban arterial, with a right-of-way width of one
hundred twenty-five feet (125), and is designated as a six -lane arterial with 165 -foot right-of-way width on the
MTP. There are currently no capital improvement plan (CIP) projects scheduled for this portion of General
Booth Boulevard.
OCEAN BREEZE HOLDINGS, LLC
Agenda Item 5 & 6
Page 2
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
General Booth
23,900 ADT
30,600 ADT
Existing Land Use —
Boulevard
132 ADT (12 PM Peak
Hour)
Proposed Land Use 3-
163 ADT(10 PM Peak
Hour
Average Daily Trips
2 as defined by
3 as defined b
PUBLIC WORKS/TRAFFIC ENGINEERING: There are currently both right- and left -turn lanes at the entrance
along General Booth Boulevard for this site, and a median break exists along the divided roadway at this
location. There is also an access point on Birdneck Road that is shared with the adjacent recreational facilities.
This access point also has a median break with both left- and right -turn lanes into the entrance. Traffic
Engineering feels that the recreational facility space that this parcel adds to the existing water park should not
generate a substantial number of additional vehicular trips to this site. Furthermore, the existing roadway
geometrics and turn lanes provided for the site appear to be capable of serving any additional trips adequately.
WATER and SEWER: The site is connected to City water and sewer.
EVALUATION AND RECOMMENDATION
The applicant's proposal to expand an existing recreation facility is consistent with the land use principles
of the Comprehensive Plan. The proposal offers outdoor recreational activities for citizens and visitors of
Virginia Beach and complements our City's recreational programs and the resort hospitality industry.
Staff recommends approval of this request with the submitted proffers and conditions provided below.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§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 uses on the Property shall be limited to a theme amusement or recreational water park.
PROFFER 2:
The Property, when developed, shall be developed in substantial conformance with the conceptual site plan
entitled "Ocean Breeze Waterpark Expansion", dated May 12, 2100, and prepared by Aquatic Development
Group, Inc. (the "Site Plan"), which Site Plan has been exhibited to the City Council and is on file with the
City Planning Department.
PROFFER 3:
Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee
OCEAN BREEZE HOLDINGS, LLC
Agenda Item 5 & 6
Page 3
during detailed site plan review and/or subdivision review and administration of applicable City Codes by all
cognizant City agencies and departments to meet all applicable City Code requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the use of the properly and
the level of quality of the project.
The City Attorney's Office has reviewed the proffer agreement dated June 1, 2011, and found it to be legally
sufficient and in acceptable legal form.
CONDITIONS
1. Before any land disturbance occurs on the site the applicant shall submit a landscape plan to the
Current Planning Division of the Planning Department for review and approval. The plan shall depict
the existing natural characteristics of the site. Healthy plant material w+thia-the site in proximity to Owls
Creek shall be preserved and integrated into an effective landscape design. Clearing in this area shall
be confined to the absolute minimum to accommodate the proposed facility.
2. All lighting should be low level illumination and directed toward the interior of the park.
3. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except Memorial Day through
Labor Day and on holidays and weekends, closing shall be at Midnight.
4. There will be no public address system other than for background music and emergency
announcements, no recreational use of Owls Creek associated with this park and no outdoor concerts.
5. No rock concerts or loud music performances will be permitted.
6. The cabanas shall not be available for overnight use.
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 or 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.
OCEAN BREEZE HOLDINGS, `LLC
Agenda Item 5 & 6
Page 4
AERIAL OF SITE LOCATION
OCEAN BREEZE HOLDINGS, LLC ",'�cl
Agenda Item 5 & 6
Page 5
rak •�
S,
0.4
�0. i o r ai a
W.il iopn�
K IT 011, minvel J .�.
m
og w
�•-� 4qh r� � r
UI ` .4f
K
o
1 I 2x2 Nv �ih 464 la
ti
o k� \
N�yy,,n
I OCA
�W
1 F1
PROPOSED SITE PLAN
r
OCEAN BREEZE HOLDINGS, LLC `,'
Agenda Item 5 & 6
Page 6
WWI
t O AN 0.'i �
Y
a \ r4
\ f,
PROPOSED SITE PLAN
OCEAN BREEZE HOLDINGS, LLC
Agenda Item 5 & 6
Page 7
OI pNr1
ZONING HISIUKY
Before October 1973 the site was zoned M-1 3 General Industrial District — recreational uses required a
conditional use permit — and R -D 2 Residence Duplex
10/15/73 — Rezoning from RD -2 Residence Duplex to CG -3 General Commercial and RD -2 Residence
Duplex to RM Multiple Family and a Conditional Use Permit for 792 units and private boat slips
4/17/79 - Rezoning from R-5 Residential to B-2 Business
12/17/79 - Conditional Use Permit for miniature golf course
7/5/83 — Conditional Use Permit for a recreational facility of an outdoor nature
5/21/84 — Conditional Use Permit for a recreational facility of an outdoor nature — a recorded agreement
between E.S.G. Enterprises, Inc. and the City of Virginia Beach pertaining to the conditions of the use
permit (D.B.2339, PG. 0993)
6/23/86 — Conditional Use Permit for recreational facilities of an outdoor nature:
1. A 15 foot dedication along the frontage on South Birdneck Road, 45 feet from the centerline of the old
60 foot right-of-way as per the Master Street and Highway Plan.
OCEAN BREEZE HOLDINGS, LLC
Agenda Item 5 & 6
Page 8
2. Appropriately sized drainage easements are required along Owls Creek and its tributaries impacting
the site.
3. Dedication of a 100 foot treed buffer to be preserved in its present and natural state without any
clearing; and, to be zoned P-1 Preservation District. The width of this buffer is to be measured 100 feet to
the west from the mean high water line beginning at the northern property line, running along Owl's Creek
in a southwesterly direction and turning the corner at the tributary which divides on Area 2 as designated
on the Festival Park Plan submitted by Talbot and Associates, dated May 6, 1986. This P-1 zoning shall
be initiated prior to the site plan approval. Re -vegetation will be subject to staff review.
4. All drainage improvements shall be designed to minimize runoff into Owls Creek or its tributaries
through the use of on-site storm water retention ponds and grassed swales. Perimeter filter strips around
all parking areas and porous pavement material for all surface -parking areas shall be required providing
that the underlying soil is suitable. Riprap shall be used at all outfalls.
5. Pedestrian access to the P-1 area should be limited to only the pedestrian bridges and the "scenic
overlook".
6. All lighting should be low level and directed toward the interior of the park.
7. Turn lanes and signalization shall be provided on South Birdneck Road as approved by the City Traffic
Engineer.
8. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except Memorial Day through
Labor Day and on holidays and weekends, closing shall be at Midnight.
9. There will be no public address system other than for background music and emergency
announcements, no recreational use of Owls Creek associated with this park and no outdoor concerts.
10. All structures are to be limited in height to 35 feet or less.
11. There shall be no boating on Owls Creek.
12. Any significant change to this plan shall come before City Council for further consideration.
8/27/87 — Rezoning from A-1 Apartment to P-1 Preservation (required by Condition 3 of the Conditional
Use Permit approved 6/26/86)
2/26/90 — Reconsideration of Conditions 8, 9, and 10 placed on the Conditional Use Permit approved
6/23/86 (reconsideration of Conditions 8 and 10 were deferred by the Planning Commission):
9. A. There shall be no public address system other than for background music and emergency
operations.
B. No recreational use of Owls Creek associated with this park.
C. No rock concerts or loud music performances will be permitted.
D. One 300 seat outdoor stage to be used for family entertainment and limited to puppet shows, magic
shows, and variety shows of approximately twenty (20) minutes each.
E. The facility shall face Birdneck Road or Motor World, away from Owls Creek.
F. Hours of operation shall be restricted from 10:00 a.m. to 10:00 p.m., except from Memorial Day thru
Labor Day and on holidays and weekends, closing shall be at midnight, and
G. Approval for this stage shall be for a period of two (2) years.
4/23/90 — Reconsideration of Conditions 8 and 10:
Condition 8:
1. Approved request to keep mechanical rides and other activities open daily (seven days a week) from
10:00 a.m. until 12:00 Midnight.
2. Approved miniature golf, pizza restaurant and activities from Shipwreck Golf Course to Birdneck Road
may be open from 10:00 a.m. until 2:00 a.m. Friday and Saturday only.
Condition 10:
1. The proposed mechanical rides shall be located in the area marked "future development" on the
submitted site plan adjacent to South Birdneck Road and running east to the Shipwreck Golf. This does
not include the aerial tram, which is acceptable as shown on the site plan. Height limit shall be varied in
this area only.
ZONING HISTORY
OCEAN BREEZE HOLDINGS, LLC
Agenda Item 5 & 6
Page 9
2. A Board of Zoning Appeals variance is required for all structures exceeding the 35- foot height
limitation, which may occur only in the area of Conditions 1 as, described above.
3. The proposed tram is approved only for the route shown on the submitted site plan dated January 23,
1990, by Talbot and Associates. This route is parallel to the existing roadway. The tram shall not be
allowed to cross Owls Creek in any other location.
4. Trees shall be preserved on the development site where possible. A tree protection plan and planting
plan shall be submitted to the City Arborist and Director of the Virginia Museum of Marine Science for
review before any clearing or development activity takes place. The plan shall include a pre- and post -
development tree inventory. This condition shall apply to all future development.
5. No motorized rides or noise disturbing activities shall be operated after 12:00 Midnight
6. All other conditions shall remain the same.
6/11/91 — Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86
(Condition 9)
9. Outdoor concerts may be held on the subject site in conjunction with the 1991 Beach Events Program.
The concerts must conclude by 11:00 p.m. All speakers shall be oriented toward Birdneck Road or Motor
World and away from Owls Creek. Approval is for a period of one year.
11/26/91 - Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86
(Conditions 9 and 10):
9. A. There shall be no public address system other than for background music and emergency
operations.
B. No recreational use of Owls Creek associated with this park.
C. The outdoor concert stage shall not encroach into the trees area in the northwest portion of the site.
The concerts must conclude by 11:00 p.m. The stage and speakers shall be oriented away from Owls
Creek. During detailed site plan review the applicant shall engineer the stage to minimize sound in the
Owls Creek area. Engineering plans must meet the approval of the Director of Museums and the
Planning Director.
D. Noise shall be monitored and evaluated according to acceptable decibel standards. (The acceptable
level will be determined.)
10. A. The proposed mechanical rides shall be located as shown on the site plan dated October 29, 1991,
by Bruce B. Robinson Architect/Design. Height limitation will be varied in this area only.
B. A Board of Zoning Appeals variance is required for all structures exceeding the 35 -foot height limitation
which may occur only in the area of Condition 10A as described below.
C. The proposed tram is approved only for the route shown on the submitted site plan dated January 31,
1990, by Talbot and Associates. This route is parallel to the existing roadway. The tram shall not be
allowed to cross Owls Creek in any other location.
D. Trees shall be preserved on the development site where possible. A tree protection plan and planting
plan shall be submitted to the City Arborist and Director of the Virginia Museum of Marine Science for
review before any clearing or development activity takes place. The plan shall include a pre- and post -
development tree inventory. This condition shall apply to all future development.
E. No motorized rides or noise disturbing activities shall be operated after 12:00 Midnight.
4/14/92 - Reconsideration of Conditions placed on the Conditional Use Permit approved 6/23/86
(Condition 10):
10. A. The proposed mechanical rides shall be located as shown on the site plan dated October 29, 1991,
by Bruce B. Robinson Architect/Design. The proposed Bungee Jumping Tower may be located north of
the mechanical rides area, adjacent to the Strike Zone. Height limitation will be varied in the mechanical
rides area and for the Bungee Jumping Tower only. The tower shall be no more than 150 feet in height.
Air filled safety bags may be used instead of netting.
2/11/03 — Conditional Use Permit — Recreational Facility of an Outdoor Nature (Amusement Park
Racetrack)—Approved ZONING HISTORY
OCEAN BREEZE HOLDINGS, LLC
Agenda Item 5 & 6
Page 10
1. No motorized rides or noise disturbing activities shall be operated after 12:00 Midnight.
2. The building shall be painted to match the existing color scheme of the other buildings in the
Motorworld theme park.
3. Category IV plantings shall be installed along the western edge of the site outside of the ultimate right
of way for South Birdneck Road to serve as a buffer along the roadway. Planting is encouraged to be
innovative in terms of spacing and linear arrangement to allow the widest possible variation for visual
enhancement while separating uses. A solid screen of plantings is not necessary for this project.
Plantings shall be installed prior to a certificate of occupancy for the new racetrack building is issued.
4. A site plan showing the new building location, the reconfiguration of the existing racetrack and the
Category IV plantings along the western edge of the site shall be submitted to the Development Services
Center for review and approval.
5. All conditions attached to the original use permit and all modifications shall remain in effect.
1/13/2004 - Change of Zoning District Classification from R-10 Residential District, A-12 Apartment
District and B-2 Community -Business District to Conditional 1-1 Light Industrial District and Modification of
a Conditional Use Permit for a recreational facility of an outdoor nature — reduction in land area —
Approved. The following proffers are attached to the Conditional Rezoning:
1. Landscaping shall be installed in a thirty-foot (30) strip along the Property's entire Birdneck Road street
frontage.
2. All freestanding signs shall be brick monument style signs. No neon lighting visible from Birdneck Road
or the proposed private roadways within the project shall be permitted on the Property.
3. The buildings constructed on each of the proposed lots shall have brick, split face block, or Dryvit as
the exterior surface of the front, with the remainder of the building of the same material or, painted block
or metal. All exterior surfaces shall have an earth tone color.
4. Specific business uses that will not be allowed on the Property are anything that would involve
automotive repair and / or service, car wash facilities, heavy equipment sales and service, personal
watercraft rentals, or other type of industrial use that involves the use or storage of hazardous chemical or
materials that could possibly cause damage to Owls Creek and its tributaries due to accidental runoff or
contamination.
5. All drainage improvements shall be designed to minimize runoff into Owls Creek or its tributaries
through the use of on-site storm water retention ponds and grassed swales. Riprap shall be used at all
outfalls.
6. Trees shall be preserved on the Property where possible. A tree protection plan and planting plan shall
be submitted to the Planning Director, or his designee, for review before any clearing or development
activity takes place.
7. All lighting shall be low level and directed toward the interior of the Property.
8. During the detailed site plan review conducted by Grantee, Grantor shall cause a Traffic Impact Study
of the impact of the development of the Property on Birdneck Road to be made, and, prior to the issuance
of the first Certificate of Occupancy for users of the Property, Grantor shall substantially complete, or post
a bond for the completion of, any requirements on Birdneck Road at the entrance to the Property as
provided for in the Traffic Impact Study.
9. 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.
4/27/04 - Change of Zoning District Classification from R-10 Residential District and A-12 Apartment
District to Conditional 1-1 Light Industrial District and Modification of a Conditional Use Permit for a
recreational facility of an outdoor nature — reduction in land area - Approved. The same proffers of the
Rezoning on 1/13/04 (listed above) apply to the site.
6/14/11 — Change of Zoning Classification from P-1 Preservation to B-2 Community Business and a
Conditional Use Permit for an Outdoor Recreation Facility
PROFFERS: ZONING HISTORY
OCEAN BREEZE HOLDINGS, LLC
Agenda Item 5 & 6
Page 11
PROFFER 1: The use of the Property shall be limited to a theme amusement or recreational water park.
PROFFER 2: Further conditions lawfully imposed by applicable development ordinances may be required
by the Grantee during detailed site plan review and/or subdivision review and administration of applicable
City Codes by all cognizant City agencies and departments to meet all applicable City Code
requirements.
CONDITIONS;
1. Before any land disturbance occurs on the site the applicant shall submit a landscape plan to the
Current Planning Division of the Planning Department for review and approval. The plan shall
depict the existing natural characteristics of the site. Healthy plant material within the site shall be
preserved and integrated into an effective landscape design. Clearing in this area shall be
confined to the absolute minimum to accommodate the proposed facility.
2. All lighting should be low level and directed toward the interior of the park.
3. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except Memorial Day through
Labor Day and on holidays and weekends, closing shall be at Midnight.
4. There will be no public address system other than for background music and emergency
announcements, no recreational use of Owls Creek associated with this park and no outdoor
concerts.
5. No rock concerts or loud music performances will be permitted.
ZONING HISTORY
OCEAN BREEZE HOLDINGS, LLC
Agenda Item 5 & 6
Page 12
DISCLOSURE STATEMENT 11
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)
Ocean Breeze Holdings, LLC
Members: Ocean Breeze Management, LLC, Charles Ayres, Kieran Burke
Hansabel Income, LP, JG Partnership, Ltd., Robert Millard, Stanley Shuman,
Gary Story, Windcrest Partners and Maurice Pinto
2. List all businesses that have a parent -subsidiary' or affiliated business entity
relationship with the applicant: (Attach list if necessary)
None
❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
Same as Applicant.
2. List all businesses that have a parent -subsidiary' or affiliated business entity
relationship with the applicant: (Attach list if necessary)
❑ Check here ff the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
8 See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes ❑ No 0
If yes, what is the name of the official or employee and the nature of their interest?
Cors"tional Rez F, 19 Aop'Kation
Page 11 of 12
Revised 713/2W7
DISCLOSURE STATEMENT
OCEAN BREEZE HOLDINGS, LLC
Agenda Item 5 & 6
Page 13
z
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)
MSA, P.C. – Engineering Services
Troutman Sanders LLP – Legal Services
Aquatic Development Group, Inc. – Design Services
' "Parent -subsidiary relationship' means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business 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 has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Pianning to photograph and view the site for purposes of processing and evaluating this application.
A, Q G
Print Name
Property Owner's Signature (d different than applicant) Print Name
Condi:,onal Rezoning App:icst:on
Page 12 of 12
Revised MMD07
DISCLOSURE STATEMENT
OCEAN BREEZE HOLDINGS, LLC
Agenda Item 5& 6
Page 14
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
or anization, complete the following:
List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Ocean Breeze Holdings, LLC
Members: Ocean Breeze Management, LLC, Charles Ayres, Kieran Burke,
Hansabel Income, LP, JG Partnership, Ltd., Robert Millard, Stanley Shuman,
Gary Story, Windcrest Partners and Maurice Pinto
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 applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
Same as Applicant.
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,
;2-r;
C>
l...y
V
�y
cri
O
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes No ✓
If yes, what is the name of the official or employee and the nature of their interest9
co a tioml Cse PC -it Aps ..38on
Page 9 of 10
Revised 3/11108
DISCLOSURE STATEMENT
OCEAN BREEZE HOLDINGS, LLC
Agenda Item 5`& 6
Page 15
A
O
U
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
rAg-
: (Attach list if necessary)
P.C. — En ineerin Services
routman Sanders LLP — Le al Services
atic Development Group, Inc. — Design 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.
Y 'Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (1) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
1 understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
LO
ArOli&nrs Sign ure Print Name fr
Sam as Applicant
Property Owner's Signature (it different than applicant) Print Name
Ccn ibonsl I -se Permit Applicat 1n
Page 10 of 10
Revise0 3111/08
DISCLOSURE STATEMENT
OCEAN BREEZE HOLDINGS, LLC
Agenda Item 5 & 6
Page 16
Item #5 & 6
Ocean Breeze Holdings, L.L.C.
Conditional Change of Zoning
Conditional Use Permit
849 General Booth Boulevard
District 6
Beach
September 14, 2011
CONSENT
An application of Ocean Breeze Holdings, L.L.C. for a Conditional Change of Zoning from A-
12 Apartment District to Conditional B-2 Community Business District and a Conditional use
Permit for Recreational Facility of an Outdoor nature on property located at 849 General Booth
Boulevard. GPIN: 24167611950000.
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 uses on the Property shall be limited to a theme amusement or recreational water park.
PROFFER 2:
The Property, when developed, shall be developed in substantial conformance with the conceptual
site plan entitled "Ocean Breeze Waterpark Expansion", dated May 12, 2100, and prepared by
Aquatic Development Group, Inc. (the "Site Plan"), which Site Plan has been exhibited to the City
Council and is on file with the City Planning Department.
PROFFER 3:
Further conditions lawfully imposed by applicable development ordinances may be required by the
Grantee during detailed site plan review and/or subdivision review and administration of applicable
City Codes by all cognizant City agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the use of the
properly and the level of quality of the project.
The City Attorney's Office has reviewed the proffer agreement dated June 1, 2011, and found it to
be legally sufficient and in acceptable legal form.
Item #5 & 6
Ocean Breeze Holdings, L.L.C.
Page 2
CONDITIONS
1. Before any land disturbance occurs on the site the applicant shall submit a landscape plan to the
Current Planning Division of the Planning Department for review and approval. The plan shall
depict the existing natural characteristics of the site. Healthy plant material within the site in
proximity to Owls Creek shall be preserved and integrated into an effective landscape design.
Clearing in this area shall be confined to the absolute minimum to accommodate the proposed
facility.
2. All lighting should be low level illumination and directed toward the interior of the park.
3. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except Memorial Day through
Labor Day and on holidays and weekends, closing shall be at Midnight.
4. There will be no public address system other than for background music and emergency
announcements, no recreational use of Owls Creek associated with this park and no outdoor
concerts.
5. No rock concerts or loud music performances will be permitted.
6. The cabanas shall not be available for overnight use.
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 or 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.
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," (§ I 07(h)(1)). Should this application be approved, the proffers will be
recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed
with this change of zoning.
PROFFER 1:
The uses on the Property shall be limited to a theme amusement or recreational water park.
Item #5 & 6
Ocean Breeze Holdings, L.L.C.
Page 3
PROFFER 2:
The Property, when developed, shall be developed in substantial conformance with the conceptual
site plan entitled "Ocean Breeze Waterpark Expansion", dated May 12, 2100, and prepared by
Aquatic Development Group, Inc. (the "Site Plan"), which Site Plan has been exhibited to the City
Council and is on file with the City Planning Department.
PROFFER 3:
Further conditions lawfully imposed by applicable development ordinances may be required by the
Grantee during detailed site plan review and/or subdivision review and administration of applicable
City Codes by all cognizant City agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable as they dictate the use of the
properly and the level of quality of the project.
The City Attorney's Office has reviewed the proffer agreement dated June 1, 2011, and found it to
be legally sufficient and in acceptable legal form.
CONDITIONS
Before any land disturbance occurs on the site the applicant shall submit a landscape plan to the
Current Planning Division of the Planning Department for review and approval. The plan shall
depict the existing natural characteristics of the site. Healthy plant material withill the site in
proximity to Owls Creek shall be preserved and integrated into an effective landscape design.
Clearing in this area shall be confined to the absolute minimum to accommodate the proposed
facility.
2. All lighting should be low level illumination and directed toward the interior of the park.
3. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except Memorial Day
through Labor Day and on holidays and weekends, closing shall be at Midnight.
4. There will be no public address system other than for background music and emergency
announcements, no recreational use of Owls Creek associated with this park and no outdoor
concerts.
5. No rock concerts or loud music performances will be permitted.
6. The cabanas shall not be available for overnight use.
Item #5 & 6
Ocean Breeze Holdings, L.L.C.
Page 4
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site plan submitted with this application may require revision
during detailed site plan review to meet all applicable City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of Planning/
Development Services Center and Department of Planning /Permits and Inspections Division, and
the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use
Permit or 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.
AYE 11
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HODGSON
AYE
HORSLEY
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
AYE
STRANGE
AYE
THORNTON
AYE
NAY 0 ABS 0 ABSENT 0
By a vote of 11-0, the Commission approved item 5 & 6 by consent.
Robert Beamon appeared before the Commission on behalf of the applicant.
la�sE�_0�1�.
In Reply Refer To Our File No. DF8140
TO: Mark D. Stiles
FROM: B. Kay Wilson
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE- October 13, 2011
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Ocean Breeze Holdings, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on October 25, 2011. 1 have reviewed the subject proffer agreement, dated
June 1, 2011 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
B KW/ks
Enclosure
cc: Kathleen Hassen
Document Prepared By:
Troutman Sanders LLP
222 Central Park Avenue, Suite 2000
Virginia Beach, VA 23462
AGREEMENT
THIS AGREEMENT is made as of this day of �tx �— , 2011 , by and
between OCEAN BREEZE HOLDINGS, LLC, a Delaware limited liability company
("Grantor", to be indexed as grantor); and the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be
indexed as grantee).
WITNESSETH:
WHEREAS, Grantor is the current owner of that parcel located in the City of Virginia
Beach, Virginia identified as GPIN No. 2416-76-1195-0000 (portion) (the "Property"), which is
more particularly described on the attached Exhibit A; and
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
of the Property from A-12 to Conditional B-2; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed-use purposes, through zoning and other land development
legislation; and
WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses
conflict, and that in order to permit differing uses on and in the area of the subject Property and at
the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned B-2 are needed to cope with
the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing B-2 zoning district by the
existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which are generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
4180040
GPtN NOs.: 2416-67-1195-0000 (portion)
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
the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other
successors in title or interest, voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion of quid pro quo for
zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following
declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree that these proffers
(collectively, the "Proffers") shall constitute covenants running with the said Property, which
shall be binding upon the Property and upon all parties and persons claiming under or through
the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest
or title, namely:
1. The uses on the Property shall be limited to a theme amusement or recreational
water park.
2. The Property, when developed, shall be developed in substantial conformance
with the conceptual site plan entitled "Ocean Breeze Waterpark Expansion," dated May 12,
2011, and prepared by Aquatic Development Group, Inc. (the "Site Plan"), which Site Plan has
been exhibited to the City Council and is file with the City Planning Department.
3. Further conditions lawfully imposed by applicable development ordinances may
be required by the Grantee during detailed site plan and/or subdivision review and administration
of applicable City Codes by all cognizant City agencies and departments to meet all applicable
City Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantor covenants and agrees that (1) the Zoning Administrator of the City of
Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying of any noncompliance with such
4180041 2
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Department
of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee.
[Remainder of Page Intentionally Left Blank. Separate Signatures Page to Follow.]
418004v1 3
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR:
OCEAN BREEZE HOLDINGS, LLC,
a Delaware lied liability co y
r-,
By:
Name:
COMMONWEALTH/STATE OF W ► r q in to
CITY/COUNTY OFy; ,ain►ca, to -wit:
_ The foregoing instrument was acknowledged before me this !S+- day of
LA,n,e 201 1 , by who is personally known to
me or hasroduced 4<,X,1 „ 9r -ti as identification in his capacity as
V'c.c Pec; dQ 41r, f Ocean Breeze Holdings, LLC, on behalf of the company.
Notl,Z Public
My Commission Expires:, 1 l
Registration No. 5'�'?>77! -
[NOTARIAL SEAL/STAMP]
418004v1 4
Exhibit A
Legal Description
ALL THAT certain lot, parcel, or piece of land located in the City of Virginia Beach, Virginia
and more particularly described as follows: Commencing at a point along the common lot lines
of Parcel 2, GPIN:2416-66-2328, and Parcel 1, GPIN:2416-76-1195, said point being a pin
found; thence S74°31'36"E a distance of 14.85'; thence along a curve to the right, having a
radius of 502.72', an arc length of 158.79', a chord bearing of S63°56'42"W, a chord distance of
158.13' and a delta angle of 18°05'52", to a point; thence S57°53'02"W a distance of 15.69' to a
point; thence S46°47'39"W a distance of 70.45' to a point; thence S42°28'49"W a distance of
46.71' to a point; thence S41°04'50"W a distance of 68.84' to a point; thence S42°58'02"W a
distance of 133.64' to a point; thence S36°58'23"W a distance of 106.09' to a point; thence
S16°36'49"W a distance of 25.89' to a point; thence S03°21'50"W a distance of 71.66' to a pin
found; thence N86°23'05"W a distance of 57.22' to a pin found; thence N10°48'01"W a distance
of 364.40' to a pin found; thence S80°11'02"E a distance of 205.09' to a pin found; thence
N23°57'06"E a distance of 184.41' to the point of beginning. Said parcel contains 79,436 square
feet or 1.824 acres.
IT BEING a portion of the property conveyed to Ocean Breeze Holdings, LLC by deed dated
January 13, 2011 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia as instrument number 20110113000054930.
4180040
4180041 5
-84 -
PLANNING ITEM # 60090
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY
CONSENT, Ordinance upon application of NEW OAK GROVE BAPTIST CHURCH for a
Conditional Use Permit re a new social hall, kitchen area, classrooms, conference room, main lobby
and additional restrooms at 3200 Head River Road.
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of NEW OAK GROVE BAPTIST
CHURCH for a Conditional Use Permit re a new social hall, kitchen
area, classrooms, conference room main lobby and additional
restrooms at 3200 Head River Road, (GPIN #1389750520000)
DISTRICT 7 - PRINCESS ANNE 8061035423
The following condition shall be required:
The site shall be developed substantially in accordance with the submitted
conceptual site layout entitled "New Oak Grove Baptist Church
Addition" prepared by MSA, P. C. dated 03101110. Said plan has been
exhibited to the Virginia Beach City Council and is on file in the
Planning Department.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-second of June , Two
Thousand Ten
Voting: 11-0 (By Consent)
Council Members Voting Aye:
Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel,
Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William
D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
June 22, 2010
U
Ep
1111111,111l I.r
�C
rw
tV
r d
V aa a a a a c: a <<�<<<
d d
d d d d d
4 d d d d<c A Q
I d d d d d d
o a a a
d d
�
d d d = d d
a a a a a fl a a a a a a a
1 d d d
a a a a a a a a a a a a a a a a a a a
Q Q Q Q Q Q U, Q Q Q Q Q Q
d d d d d d d d d d d d d d d d d
a- a a a a s a a a a a a a aww
Lr
a
PON" r d d d d d d d d d d d d
a a a a a
O d d d d d d- d =i r- d d d $ d i< d
a a a a a s a a s a s a a a 'a a
r� Q Qa a Q Q Q Q Q Q
♦ w d d d d d d �i d d d d d d did d d d d
va a a a a a a a a a a a a a a s a
Q Q Q Q Q Q
Or Q d d d d d. d d d d d d= d d d d d Id
a a a a a a a a a a a a a a a a a a a a
:L Q Q Q Q Q Q � Q Q Q Q Q iL Q
d d d d d d d d d
< a-
<
d d d d d d d d
a a a a a a a a a a a a a
a a s a a a LL a
itr d
d d d C kr
a a a a a a D °
d Q Q d d d °
a a a a a a a s
O
Q Q Q Q Q Q Q it Q Q Q
d d d d d d d d d dC d d d d
W a a a a a a a a a a a a a a a a a a a a a a a. a a a a y
Q Q Q Q Q Q Q x Q Q Q Q Q Q Q Q Q Q Q Q Q OL Q Q; > C
Z d d d d d d d d d d d d d d =i d d d d d d d AFd y
a a a a a a a a n. a a a a a a n. a a a a a a a a a a a a a a a ~~
Z Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q C C a
d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d
Q a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a
Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q N d
d d d d d d d d d d d d d d d d d d d d d d d d d d d d d G�
LL a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a CL
(A s� Q QQQQ QQQQQ QQQQQQQQQQQQQ Q�QQ Q Oa
d d d d d d d d d d d d d d d d b_ d d d Ct
a a a a a a a as a a a a a a a a a a a a a a a a a
Q Q Q a x Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q O
N�co d d d d d d d d d d d d d d d d d d d d d d d d d d d d d d V M
IM.j O a a a a s aA a a a a n. a a a a a a a a a a a a n. a. a a, a a a a a
Q Q Q Q Q Q Q= Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q
d d dd d d
rte+ O LL a a a a a aa a a a a a a a a a a a a a a a a a a a a a a a a
QQQQ Q
Q
QQQQQQ QQQQQQQQQQQQQQQQ �a
d d d d d d d d d d d d d d d d d d d d d d d y
�"R3 a a a aa a a a a a a a a a a p
Q Q Q Q Q Q Q Q Q Q Q Q Q Q
S ,N1A
�.6
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: NEW OAK GROVE BAPTIST CHURCH, Modification of a Conditional Use
Permit, 3200 Head River Road (GPIN 1389750502). PRINCESS ANNE DISTRICT.
MEETING DATE: October 25, 2011
■ Background:
In June 2010, the church received approval for a Conditional Use Permit for the church
which was built in 1940. The request was for a 16,500 square foot addition consisting of
a social hall, kitchen area, classrooms, conference room, a main lobby and additional
restrooms.
The church is partnering with the Virginia Beach City Public Schools to provide reading
and math assistance to early elementary school students. They have an immediate need
to house this program and have received a 24 foot by 30 foot modular/portable
classroom from the school administration where up to 30 individuals can meet — 24
students with 8 staff. The 750 square foot portable classroom is proposed to be located
on the rear of the property, out of sight from the right-of-way or any adjacent properties.
■ Considerations:
As the portable classroom was not part of the recent Conditional Use Permit request, the
four conditions of the Conditional Use Permit must be modified. Condition1 must be
modified as the portable classroom was not depicted on the conceptual site layout
referenced in the original condition. The building mentioned in Condition 2 refers to the
primary church building, not a modular classroom, so for clarification purposes additional
language is needed. Conditions 3 and 4 also require modification as they relate
specifically to the 2010 addition, not to the proposed portable classroom.
There was no opposition to the request.
■ Recommendations:
Staff recommended approval of this request as modified. The Planning Commission
placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to
recommend approval of this request to the City Council with the following conditions:
All conditions attached to the Conditional Use Permit granted by the City Council on
June 22, 2010, are modified as below.
2. Condition Number 1 of the June 22, 2010, Conditional Use Permit is deleted and
replaced with the
following:
When the building addition and additional parking spaces are constructed, the site shall
be developed substantially in accordance with the submitted conceptual site layout
New Oak Grove Baptist Church
Page 2 of 2
entitled "New Oak Grove Missionary Baptist Church" prepared by MSA and Barnes
Design Group, P.C. dated July 8, 2011. Said plans have been exhibited to the Virginia
Beach City Council and are on file in the Virginia Beach Planning Department.
3. Condition Number 2 of the June 22, 2010, Conditional Use Permit is deleted and
replaced with the following:
When the building addition is constructed, the addition shall be developed substantially
in accordance with the submitted building elevation entitled "New Oak Grove Baptist
Church" prepared by Barnes Design Group, P.C. dated November 1, 2009. Said plan
has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach
Planning Department. The portable classroom shall be as represented in the
photograph entitled, "New Oak Grove Baptist Church Portable Classroom" and shall be
limited to a five (5) year time frame. After such time, the portable classroom must be
removed from the property.
4. Condition Number 3 of the June 22, 2010, Conditional Use Permit is deleted and
replaced with the following:
During final site plan review of the building addition, but not for the addition of a portable
classroom on the site, the applicant shall submit a photometric plan for review and
approval by the Virginia Beach Planning Department. All fixtures shall be of an
appropriate height and design so as to prevent any direct reflection or glare towards
adjacent uses and city streets. Lighting should be directed down at the ground and not
horizontally or up in the air.
5. Condition Number 4 of the June 22, 2010, Conditional Use Permit is deleted and
replaced with the following:
The existing entrance has a barrier arm gate which is to be locked in the up/open
position during church services and functions, educational sessions and all other related
activities and for a reasonable duration before and after in order to allow unimpeded
ingress and egress to 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
City Manager: S l -I
01
PRINCESS ANNE
Map C-20 New Oak Grove Baptist Church
AGI* � 1
AG1 1J ill AG2
AGi"
AGI* m 1 f
AG2�
AGI* As2
AG2'
d
104 RAE R yeda
AG2 RSB
�R
—AG2*
AGI
AG2*AG1"
yo;
P- �,.;,�;�;Modification of Conditions
Nrr nyrkwuarr...n. rn,yum aw,pr
4
October 12, 2011 Public Hearing
APPLICANT / PROPERTY OWNER:
NEW OAK GROVE
BAPTIST CHURCH
STAFF PLANNER: Carolyn A.K. Smith
REQUEST:
Modification of a Conditional Use Permit for a temporary portable classroom
ADDRESS / DESCRIPTION: 3200 Head River Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
13897505020 PRINCESS ANNE 10.2 acres Less than 65 dB DNL
SUMMARY OF REQUEST
In June 2010, the church received approval for a Conditional Use Permit for the church which was built in
1940. The request was for a 16,500 square foot addition consisting of a social hall, kitchen area,
classrooms, conference room, a main lobby and additional restrooms. The sanctuary of 250 seats was
not modified with that request.
The church is partnering with the Virginia Beach City Public Schools to provide reading and math
assistance to early elementary school students. They have an immediate need to house this program and
have received a 24 foot by 30 foot modular/portable classroom from the school administration where up
to 30 individuals can meet — 24 students with 8 staff. This program will be run by volunteer teachers and
classroom aides, all of whom will be members of the church; however, the reading and math programs
will be offered to any student in the community. The 750 square foot portable classroom is proposed to
be located on the rear of the property, out of sight from the right-of-way or any adjacent properties.
The Conditional Use Permit granting the 16,500 square foot addition was approved by the City Council on
June 22, 2010. The Conditional Use Permit has 4 conditions:
1. The site shall be developed substantially in accordance with the submitted conceptual site layout
entitled "New Oak Grove Baptist Church Addition" prepared by MSA, P.C. dated 03/01/10. Said
New Oak Grove Baptist Church
Agenda Item 4
Page 1
plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach
Planning Department.
2. The building shall be developed substantially in accordance with the submitted building elevation
entitled "New Oak Grove Baptist Church" prepared by Barnes Design Group, P.C. dated
November 1, 2009. Said plan has been exhibited to the Virginia Beach City Council and is on file
in the Virginia Beach Planning Department.
3. The applicant shall submit a photometric plan for review and approval by the Virginia Beach
Planning Department. All fixtures shall be of an appropriate height and design so as to prevent
any direct reflection or glare towards adjacent uses and city streets. Lighting should be directed
down at the ground and not horizontally or up in the air.
4. The existing entrance has a barrier arm gate which is to be locked in the up/open position during
church services and for a reasonable duration before and after in order to allow unimpeded
ingress and egress to the site.
The 4 conditions of approval must all be modified. Condition1 must be modified as the portable
classroom was not depicted on the conceptual site layout referenced in the original condition. The
building mentioned in Condition 2 refers to the primary church building, not a modular classroom, so
for clarification purposes additional language is needed. Conditions 3 and 4 also require modification
as they relate specifically to the 2010 addition, not to the proposed portable classroom.
LAND USE AND PLAN INFORMATION
EXISTING LAND USE: church and parking lot
SURROUNDING LAND North: . Agricultural Reserve Program Property/ AG -1 Agricultural
USE AND ZONING: District
South: . Head River Road
• Agricultural Reserve Program Property / AG -1 Agricultural
District
East: . Agricultural Reserve Program Property / AG -1 & AG -2
Agricultural District
West: . Agricultural Reserve Program Property / AG -1 & AG -2
Agricultural District
NATURAL RESOURCE AND This property is located within the Southern Watersheds Management
CULTURAL FEATURES: Area (SWMA) consisting of forested wetlands. A portion of the property
is encumbered by the SWMA 50 foot buffer; however, no encroachment
into this environmentally sensitive area is proposed. There is also an old
cemetery on the site.
COMPREHENSIVE PLAN: The Comprehensive Plan recognizes this site to be within the Rural Area, an
agricultural community of low density agribusiness, supporting nodes of commercial activity, and single family
residences (p 5-1). 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.
New Oak Grove Baptist Church
Agenda Item 4
Page 2
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Head River
Road is a rural 2 lane road. The roadway is not within the MPT nor are any improvements recommended
within the CIP.
TRAFFIC:
Street Name
Present Volume
Present Capacity
Generated Traffic
Head River Road
No Data Available
No Data Available
Existing Land Use —
152 ADT weekday
462 ADT Sunday
Proposed Land Use 3-
210 ADT weekday
462 ADT Sunday
Average Daily Trips
2 as defined by 250 seat sanctuary
Sas defined by 250 seat sanctuary, 750 square foot classrooms ace
WATER & SEWER: This site is served by onsite sewage disposal systems and drinking water wells. The
conceptual site layout depicts a proposed well and drainfield. Health Department approval for the well and
sewage disposal is required if this proposal is approved by City Council.
STORMWATER: Stormwater quality and quantity must be addressed at the time engineered plans are
submitted for the approved addition. The engineered plans shall verify a positive SWMF outfall unless zero
discharge is proposed. SWMF must meet separation requirements from the septic and well systems.
FIRE: An approved water supply capable of supplying the required flow for fire protection is required by the
Uniform Statewide Fire Prevention Code.
EVALUATION AND RECOMMENDATION
In 2010, this church was granted approval for a Conditional Use Permit that included a large addition that
is currently under final site plan review in the Development Services Center of the Planning Department.
As the church has recently partnered with the Virginia Beach City Public Schools to provide reading and
math assistance to early elementary school students, they have an immediate need for additional space
to house this program. While the addition is under review and under construction, the school
administration has offered a 24 foot by 30 foot modular/portable classroom where up to 30 individuals can
meet — 24 students with 8 staff. This program will be run by volunteer teachers and classroom aides, all of
whom will be members of the church; however, the reading and math programs will be offered to any
student in the community. The 750 square foot portable classroom is proposed to be located on the rear
of the property, out of sight from the right-of-way or any adjacent properties. As the portable classroom
was not part of the recent Conditional Use Permit request, this Modification of Conditions is required.
Staff views this program as an asset to the community and recommends approval with the following
conditions.
New Oak Grove Baptist Church
Agenda Item 4
Page 3
CONDITIONS
All conditions attached to the Conditional Use Permit granted by the City Council on June 22, 2010,
are modified as below.
2. Condition Number 1 of the June 22, 2010, Conditional Use Permit is deleted and replaced with the
following:
When the building addition and additional parking spaces are constructed, the site shall be developed
substantially in accordance with the submitted conceptual site layout entitled "New Oak Grove
Missionary Baptist Church" prepared by MSA and Barnes Design Group, P.C. dated July 8, 2011. Said
plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach
Planning Department.
3. Condition Number 2 of the June 22, 2010, Conditional Use Permit is deleted and replaced with the
following:
When the building addition is constructed, the addition shall be developed substantially in accordance
with the submitted building elevation entitled "New Oak Grove Baptist Church" prepared by Barnes
Design Group, P.C. dated November 1, 2009. Said plan has been exhibited to the Virginia Beach City
Council and is on file in the Virginia Beach Planning Department. The portable classroom shall be as
represented in the photograph entitled, "New Oak Grove Baptist Church Portable Classroom" and
shall be limited to a five (5) year time frame. After such time, the portable classroom must be removed
from the property.
4. Condition Number 3 of the June 22, 2010, Conditional Use Permit is deleted and replaced with the
following:
During final site plan review of the building addition, but not for the addition of a portable classroom on
the site, the applicant shall submit a photometric plan for review and approval by the Virginia Beach
Planning Department. All fixtures shall be of an appropriate height and design so as to prevent any
direct reflection or glare towards adjacent uses and city streets. Lighting should be directed down at
the ground and not horizontally or up in the air.
5. Condition Number 4 of the June 22, 2010, Conditional Use Permit is deleted and replaced with the
following:
The existing entrance has a barrier arm gate which is to be locked in the up/open position during
church services and functions, educational sessions and all other related activities and for a
reasonable duration before and after in order to allow unimpeded ingress and egress to 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.
New Oak Grove Baptist Church
Agenda Item 4
Page 4
wo.
Am -
Head River
* A -L --
;r
im
Head River
* A -L --
t�
:ifM
APPROVED SITE LAYOUT IN 2010
WITH NEW PORTABLE BUILDING IN THE REAR
New Oak Grove Baptist Church
Agenda Item 4
Page 6
Ll
1� 1
v
i
Y I
I /
I
------------------
t�
:ifM
APPROVED SITE LAYOUT IN 2010
WITH NEW PORTABLE BUILDING IN THE REAR
New Oak Grove Baptist Church
Agenda Item 4
Page 6
PHOTOGRAPH OF TEMPORARY CLASSROOM
New Oak Grove Baptist Church
Agenda Item 4
Page 7
PRINCESS ANNE
1`1", v-"'
Ma of to Scale
INC11 ViIK kxF01 C nil )illi
%-11U1-U11
%P ARP ARF
1
G'
CUP church & addition
Granted
-P ARP ARP
12/07/04
CUP Alternative Residential Development
Withdrawn
ARP ARP
i.
A
AR.
AG1
N�
ARP ARP
L
AGI
~
-= ARF
AG1 * _
�? M
+P ARP ARP ARF
.IRP ARF ARF ARF
. SRP ARP ARF ARF
°
ARF ARP ARP ARP ARP ARP ARP
ARP .ARP ARP ARP ARP ARP ARF
G
m
ARP ARP ARP ARP ARP ARP ARP
.RF ARP
ARP ARP �AI ARP .ARP
SPP ARF� RP 111-1
ARP ARP ARP ARP ARP AR
-RP ARa j AR,
'zP ARP ARP ARP ARP ARF A
=RP ASA Lr,-"-
ARP ARP ARP ARP ARP ARP
:ARP ARP ARP ARP ARF P AFP
SPP ARP-EAD Yj�VE
RD
S ti�
:APP ARP ARP ARP ARF PD n
H
ARP ARP ARP ARP ARFAF:=
�a
ARPARP ARP ARP
ii�
A
ARP A117 FF L
{4 4
A G2
ARP APP
r
�,aP ARP ata !;' -ARP
b
ARP ARP ARP P.- ARF
SRP ARP ARP : ARP
ARP ARP AP= - ARD. �-�"'.Q�YYG -
1
.IrARP ; - - AFT
/
F
t�
AG1
a
-RP AF6'
5
ARP ,RP Ar-
AG2*
PF A.�F
ARP ARP AF-
-
A G 1
eP ARP AF -
!�
=M ARP ARP ARF ARF 4A
' zoning with Conditions Proffers. Open
Space Promotion or PCHid Overlays
ARP - Agric rrdruta l Reserve Profl ra rn Overby
ZONING HISTORY
Modification of Conditions
#
DATE
REQUEST
ACTION
1
06/22/10
CUP church & addition
Granted
2
12/07/04
CUP Alternative Residential Development
Withdrawn
New Oak Grove Baptist Church
Agenda Item 4
Page 8
DISCLOSURE STATEMENT 11
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)
Tyrone Johnson, Rex Cuffee Andrew Christian, Anthony Foreman, Sr.,Dennis Mason,Marion Riddick,
James E. Richardson,Carrie C. Simmons,Anthony Wood,Cynthia Woodhouse, Melvin Woodhouse p
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)
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
FICheck here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
8 See next page for footnotes
Does an official or a�j loyee of the City of Virginia Beach have an interest in the
subject land? Yes �___L No 17
If yes, what is the name of the official or employee and the nature of their interest?
Modification of Conditions Application
Page 10 of 11
Revised 7/3/07
DISCLOSURE STATEMENT
New Oak Grove Baptist Church
Agenda Item 4
Page 9
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)
Barnes Design Group, MSA PC
' "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
Appli nt' Signature Print Name
Property Owner's Signature (if different than applicant) Print Name
Modification of Conditions Application
Page 11 of 11
Revised 7/3/2007
DISCLOSURE STATEMENT
New Oak Grove Baptist Church
Agenda Item 4
Page 10
Item #4
New Oak Grove Baptist Church
Modification of Conditions
3200 Head River Road
District 7
Princess Anne
October 12, 2011
CONSENT
An application of New Oak Grove Baptist Church for a Modification of a Conditional Use
Permit for a temporary portable classroom on property located at 3200 Head River Road, District
7. GPIN: 13897505200000.
CONDITIONS
1. All conditions attached to the Conditional Use Permit granted by the City Council on June 22,
2010, are modified as below.
2. Condition Number 1 of the June 22, 2010, Conditional Use Permit is deleted and replaced with
the
following:
When the building addition and additional parking spaces are constructed, the site shall be
developed substantially in accordance with the submitted conceptual site layout entitled "New
Oak Grove Missionary Baptist Church" prepared by MSA and Barnes Design Group, P.C. dated
July 8, 2011. Said plans have been exhibited to the Virginia Beach City Council and are on file in
the Virginia Beach Planning Department.
3. Condition Number 2 of the June 22, 2010, Conditional Use Permit is deleted and replaced with
the following:
When the building addition is constructed, the addition shall be developed substantially in
accordance with the submitted building elevation entitled "New Oak Grove Baptist Church"
prepared by Barnes Design Group, P.C. dated November 1, 2009. Said plan has been exhibited to
the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. The
portable classroom shall be as represented in the photograph entitled, "New Oak Grove Baptist
Church Portable Classroom" and shall be limited to a five (5) year time frame. After such time,
the portable classroom must be removed from the property.
4. Condition Number 3 of the June 22, 2010, Conditional Use Permit is deleted and replaced with
the following:
During final site plan review of the building addition, but not for the addition of a portable
classroom on the site, the applicant shall submit a photometric plan for review and approval by
the Virginia Beach Planning Department. All fixtures shall be of an appropriate height and design
Item #4
New Oak Grove Baptist Church
Page 2
so as to prevent any direct reflection or glare towards adjacent uses and city streets. Lighting
should be directed down at the ground and not horizontally or up in the air.
5. Condition Number 4 of the June 22, 2010, Conditional Use Permit is deleted and replaced with
the following:
The existing entrance has a barrier arm gate which is to be locked in the up/open position during
church services and functions, educational sessions and all other related activities and for a
reasonable duration before and after in order to allow unimpeded ingress and egress to 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 10-0, the Commission approved item 4 by consent.
William Morgan appeared before the Commission. There was no opposition.
AYE 10 NAY 0 ABS 0 ABSENT 1
BERNAS
AYE
FELTON
AYE
HENLEY
AYE
HODGSON
AYE
HORSLEY
AYE
LIVAS
AYE
REDMOND
AYE
RIPLEY
AYE
RUSSO
ABSENT
STRANGE
AYE
THORNTON
AYE
By a vote of 10-0, the Commission approved item 4 by consent.
William Morgan appeared before the Commission. There was no opposition.
F�4
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Authorizing Roadside Guide Signs for the Cape Henry
Lighthouse (Preservation Virginia) located at 583 Atlantic Avenue (Joint
Expeditionary Base Little Creek -Fort Story). BEACH DISTRICT / LYNNHAVEN
DISTRICT
MEETING DATE: October 25, 2011
■ Background:
On March 9 2010, City Council amended the City Zoning Ordinance by adding
Section 211. 1, which allows the City Council, upon application of a not-for-profit
cultural, literary, scientific, and artistic establishment, to approve the installation
of directional signs in the public right-of-way of a roadway. The Zoning Ordinance
classifies such signs as "Roadside Guide Signs", and the ordinance provides
requirements for the method of application, the procedure for review, the type
and number of signs allowed, and the installation and maintenance of such signs.
■ Considerations:
The applicant, Preservation Virginia, submitted a drawing of a proposed
Roadside Guide Sign and a description of the locations desired for the signs. The
submitted drawings did not have dimensions indicated, and the design consisted
of two separate sign blades: (1) a large sign blade showing a lighthouse and a
directional arrow in a white color on a brown background and (2) a smaller sign
approximately one-quarter of the height of the larger and of the same width with
white letters on a brown background as follows: "Cape Henry Lighthouse."
The applicant is requesting three signs and has proposed the following locations:
• Eastbound 83rd Street (Shore Drive) as it approaches the left turn on to
Atlantic Avenue toward the lighthouse;
• Northbound Atlantic Avenue as it approaches the right turn to continue on
Atlantic Avenue toward the lighthouse; and
• Northbound Atlantic Avenue after its turn northward where it intersects
with Pacific Avenue, directing drivers to continue straight.
Maps showing the sign locations are shown on the attached maps. The locations
as shown are not specific. If the City Council approves this request, final
locations will be determined after the applicant consults with the Department of
Public Works / Traffic Engineering. The request for three signs is consistent with
the maximum number of signs allowed by Section 211.1(d) of the Zoning
Ordinance.
Cape Henry Lighthouse (Preservation Virginia)
Page 2 of 3
■ Recommendations:
The Traffic Engineer has reviewed the request and inspected the proposed
locations. Based on that review and site inspection, the Traffic Engineer noted
the following:
• The submitted drawing depicts two separate signs without dimensions on a
single pole for each requested location. Consistent with the Zoning
Ordinance, only one sign with a total area of five (5) square feet will be
allowed at each of the three proposed locations.
• The signs shall be brown with white lettering and white logo.
• If City Council approves the request, the applicant must contact Traffic
Engineering to set up a field meeting to determine the exact location for the
three signs and to ensure the design is acceptable.
Based on the findings of the Traffic Engineering and the evaluation of the request
by staff for consistency with the provisions of Section 211. 1, Staff recommends
that the City Council approve the proposed three sign locations subject to the
conditions listed below:
1. Three (3) roadside guide signs are approved as follows:
a. One (1) sign within the 83rd Street (Shore Drive) right-of-way on the South
side of the road between First Landing State Park and the intersection
with Atlantic Avenue directing drivers to turn left (the exact location shall
be determined after consultation with the Traffic Engineer per Condition
2). This sign shall have one (1) face and be visible to Eastbound traffic on
83rd Street (Shore Drive).
b. One (1) sign in the right -of way on the East side of Atlantic Avenue, South
of the intersection of Atlantic Avenue and 83rd Street, and located between
the intersection and 82nd Street (the exact location shall be determined
after consultation with the Traffic Engineer per Condition 2). This sign shall
have one (1) face and be visible to Northbound traffic on Atlantic Avenue.
c. One (1) sign in the right-of-way on the East side of Atlantic Avenue, North
of its intersection with Pacific Avenue (the exact location shall be
determined after consultation with the Traffic Engineer per Condition 2).
This sign shall have one (1) face and be visible to Northbound traffic on
Atlantic Avenue.
The general location of these signs is shown as red circles on the maps
labeled, "Roadside Guide Sign Locations, Cape Henry Lighthouse, for
Preservation Virginia."
Cape Henry Lighthouse (Preservation Virginia)
Page 3 of 3
2. Prior to installation of any Roadside Guide Sign, the applicant shall meet with
the Traffic Engineer, or his designee, to determine exact locations and to
avoid conflicts with any existing signs.
3. The Roadside Guide Signs for the Cape Henry Lighthouse shall consist of a
logo substantially as shown on the attached sign elevation submitted by the
applicant. The final design of the signs shall be determined after meeting
with the Traffic Engineer, or his designee, and the Director of Planning, or his
designee, to ensure that the logo, directional arrow, and the words "Cape
Henry Lighthouse" appropriately fit together on a five (5) square foot sign
face. The colors of the signs shall be white letters, logo, and arrow on a
brown background.
4. Prior to erecting any sign, Preservation Virginia shall provide Public Works,
Real Estate, with a copy of a liability insurance policy naming the City as co-
insured on the policy for the signs.
5. Sign and sign post materials shall meet specifications in the Public Works
Standards for use in the public right-of-way. Contact must be made with the
Traffic Engineer with any questions regarding the requirements.
6. The signs shall be installed with a maximum height of nine and one -half -feet
(9-1/2') above ground level and shall have a minimum clearance of seven
feet (7').
7. Preservation Virginia 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.
8. The Department of Public Works may relocate any sign if necessary to
accommodate public signage requirements.
■ Attachments:
Resolution
Applicant's Letter of Application
Location Maps
Drawing of Proposed Sign
Recommended Action: Staff recommends approval.
A
Submitting Department/Agency: Planning Department
1/
City Manager: VC_
From:
DISCLOSURE STATEMENT
10/14/2011 15:42 #166 P.0021002
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: Vi,ril.
( list if necessary)
&ari ti::0:1"d
2. List all businesses that ha e a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
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)
L)4ht
rLnC
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.
CERTIFIC ON: of that the information contained herein is true and accurate,
G o,"Ir 44391_ yYj
Applica ignature Print Name
z
0
Board of Trustees
2011
Board of Trustees Members:
Mr. Lacy Bennett Ward, Jr. (Lacy), President
Robert Russa Moton Museum, Director
Chief Kenneth Adams
Upper Mataponi Indian Tribe
Ms. M. Karen Berkness
Joyner Finer Properties
Dr. Warren M. Billings
Distinguished Professor of History, Emeritus,
University of New Orleans and
Visiting Professor of Law, William and Mary Law
School
Mrs. Thomas C. Brown, Jr.
Heaven on Earth Garden Designs
Ms. Anne Geddy Cross, Vice President
Community Volunteer
Ms. Audrey Paulette Davis
Asst. Director and Curator, Alexandria Black History
Museum
Ms. Anne Carter Lee Gravely
Preservation Planner and Community Volunteer
Mr. John H. Guy IV
National Petroleum Council, Deputy Director
Mr. Roy E. Hock
Pulse Electronic Corporation (former Technitrol,
Inc.), Retired
Mrs, A. E. Dick Howard, Regional Trustee Western
Preservation Planner and Community Volunteer
Mr. Catesby Jones, Regional Trustee Tidewater
Peace Frogs, President and Founder
Mr. William G. Beville
Community Volunteer
Mr. C. Hobson Goddin
Attorney and Community Volunteer
Ms. Genevieve P. Keller, Executive Committee
Architectural Historian and Preservation Planner
Mr. William B. Kerkam, III, Regional Trustee Central
Attorney, retired and Community Volunteer
Ms. Linda H. Marks
Virginia Properties
Hon. W. Tayloe Murphy, Jr.
Attorney
Former Virginia Secretary of Natural Resources
Mr. Gary Ometer, CPA Treasurer
Chief Financial Officer at Virginia College Savings
Plan
Mr. Oliver A. Pollard III
Southern Environmental Law Center
Mr. Arthur W. Schmidt
GuideStar International
Mrs. Michael Starling, Regional Trustee Northern
Community Volunteer
Mr. Reggie Stewart
Federal Reserve Bank of Richmond and Virginia
Council on Indians
Mr. Mark O. Webb
Dominion
Ms. Karenne Wood
Virginia Foundation for the Humanities and Virginia
Council on Indians
Ms. Mary Zayde Zeugner
Davenport & Company, LLC
Honorary Trustees:
Mrs. John H. VanLandingham III
Community Volunteer
Mr. D. Anderson Williams
Williams and Whittle Marketing, retired
APVA
1889
PRESERVATION VIRGINIA
August 12, 2011 420,41
IJ i i
Mr. William Whthney, Jr.
Director of Planning & Community Development
City of Virginia Beach
2405 Courthouse Drive
Virginia Beach, VA 23456
Dear: Mr. Whitley:
I am writing to follow up regarding requesting permission to install 3 way finding road side signs
for our historic attraction, Cape Henry Lighthouse. I have enclosed a basic sketch of what we
would like the sign to look like and I believe that it currently meets the City's specifications. The
locations we are requesting are listed below:
• Shore Drive approaching the turn to the Lighthouse from the west (this sign would have a
Left arrow)
• Pacific as you approach the turn towards the Lighthouse (with a Right arrow)
• Atlantic, where it turns to Pacific (with a Straight Ahead arrow)
I am further requesting that this item be placed on,the•agenda of the -next City -Countymeetingfor
further review. I look forward to hearing from you and working together to promote this truly
unique attraction.
Sincerely,
L is Malon
Director of Preservation Services
Preservation Virginia
Enclosure
PRESERVATION VIRGINIA
204 Vest Franklin Street • Richmond, Virginia 23220-5012 • 804.648.1889 • (f) 804.775.0802 • www.preservationvirginia.org
Connecting people and resources to ensure the continued vitality of Virginia's historic places
a
rom
` -_
N O •msµ/
O
00
co �. ``L_
i
a v
Q
O O r
OA
p O F
t"
; 00 W ' V
OC a °�° neo ti oy n1E o r W Q o v
d Q o 19�
ppb O _
r N �n O h O
T
T
ui
i
CL_ .� Resort
L�
L7 T Y O
O
Are
us
c_WE
Q Co V
Q CC
f N co - co J O N Z
o o r
p 00co W G t 0 W
Qp O O N
QCJ W
QO CC Y 192
N N N r tU N
e N Cp..R t p N
co., N
Lq
64 '�• -
Ifi � N
04 N•� 4; W
5 fV
N O
Q W
91
NN yy
N N N L
a �
Y
0
V
0
r
i
n
r•
0
c
V1
CL
L-
CL
a
O
y"
/
0
a�
W
U.,
C S M
/IA��
O
N
O
C
Ci
C O
O
LJ
o: r'
w
rJSNILLS CT
EAN
o
t z�
�..' 4
_tr"'1-tet
M C irGj' OC
O
i a
a .e
r~
co
i.t
44 J
po �,� dog
W
LLIa
%.— /To `%?, t
LA
a�
0
C S M
Ui
N
N
OA,RIDGE
C
Ci
M z ,
O
o: r'
rJSNILLS CT
EAN
o
t z�
�..' 4
_tr"'1-tet
M C irGj' OC
(�1
N i
i a
a .e
r~
co
�i
02. ,
o
*.
NLU
N
4
N _
v
Y
N
p4p
r
N
N ---
r
N C
LA
W
0
C S M
Ui
Y
O
CIS
Q
OA,RIDGE
M z ,
O
o: r'
rJSNILLS CT
EAN
o
t z�
�..' 4
_tr"'1-tet
M C irGj' OC
(�1
N i
i a
a .e
r~
SIGN -ZIP, lao-G v dais. 'TO -r-r W l-rl4 /tj
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
A RESOLUTION AUTHORIZING ROADSIDE GUIDE
SIGNS FOR THE CAPE HENRY LIGHTHOUSE
(PRESERVATION VIRGINIA), LOCATED AT 583
ATLANTIC AVENUE (JOINT EXPEDITIONARY BASE
LITTLE CREEK — FORT STORY)
WHEREAS, the Cape Henry Lighthouse (Preservation Virginia), (hereinafter the
"Applicant), located at 583 Atlantic Avenue (Joint Expeditionary Base Little Creek — Fort
Story (Beach and Lynnhaven Districts), is an establishment operated exclusively for
cultural and artistic purposes on a not-for-profit basis; and
WHEREAS, the Applicant has requested that it be allowed to erect three (3)
roadside guide signs in the public rights-of-way along Atlantic Avenue and Shore Drive
in order to provide directions to the Cape Henry Lighthouse for the benefit of motorists
unfamiliar with its location; and
WHEREAS, the City Council finds that three (3) roadside guide signs are
sufficient to provide motorists with adequate guidance to the Cape Henry Lighthouse;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the placement of three (3) roadside guide signs by the Applicant is hereby
authorized, upon the following conditions:
1. Three (3) roadside guide signs are approved as follows:
a. One (1) sign within the 83rd Street (Shore Drive) right-of-way on the South
side of the road between First Landing State Park and the intersection
with Atlantic Avenue directing drivers to turn left (the exact location shall
be determined after consultation with the Traffic Engineer per Condition
2). This sign shall have one (1) face and be visible to Eastbound traffic on
83rd Street (Shore Drive).
b. One (1) sign in the right -of way on the East side of Atlantic Avenue, South
of the intersection of Atlantic Avenue and 83rd Street, and located between
the intersection and 82nd Street (the exact location shall be determined
after consultation with the Traffic Engineer per Condition 2). This sign shall
have one (1) face and be visible to Northbound traffic on Atlantic Avenue.
c. One (1) sign in the right-of-way on the East side of Atlantic Avenue, North
of its intersection with Pacific Avenue (the exact location shall be
determined after consultation with the Traffic Engineer per Condition 2).
This sign shall have one (1) face and be visible to Northbound traffic on
Atlantic Avenue.
1
L. APPOINTMENTS
ENERGY ADVISORY COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HISTORICAL PRESERVATION COMMISSION
LOCAL FINANCE BOARD
OPEN SPACE ADVISORY COMMITTEE
PARKS AND RECREATION COMMISSION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
CITY OF VIRGINIA BEACH
CITY COUNCIL BREWING:
SUMMARY OF COUNCIL ACTIONS
VNI/D
DATE: 10/11/2011
DEVELOPMENT AUTHORITY
John W. Richardson,
PAGE: 1
D
S
S
(VBDA) — Annual Report
Chair
E
D
H
E
H
W
AGENDA
D
S
I
Y
E
J
S
E
U
I
Y
ITEM # SUBJECT MOTION VOTE
A
T
E
D
N
O
S
R
H
L
W
V
E
Z
Y
L
N
O
R
R
S
O
Y
I
P
E
E
E
E
M
O
I
O
O
S
H
L
R
Y
S
S
D
N
N
D
UIUIIM/
CITY COUNCIL BREWING:
VNI/D
DEVELOPMENT AUTHORITY
John W. Richardson,
(VBDA) — Annual Report
Chair
E
CERTIFICATION OF CLOSED
CERTIFIED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
SESSION
F/ G/
MINUTES — 9/27/11
APPROVED
8-0
A
Y
Y
Y
Y
Y
A
Y
A
Y
A
B
B
B
S
S
S
T
T
T
A
A
A
I
I
I
N
N
N
E
E
E
D
D
D
H
BID OPENING:
MAYOR READ
BID OFFER/
LEASE OF CITY -OWNED PROPERTY
REFERRED TO
STAFF
— Little League facility
4153 Dam Neck Road
I
PUBLIC HEARINGS
I. 2012 LEGISLATIVE AGENDA
5 SPEAKERS
2. HAMPTON ROADS REGIONAL
WATER SUPPLY PLAN
NO SPEAKERS
3. EXCESS CITY PROPERTY
NO SPEAKERS
2245, 2249 and 2253 London Street
4, LEASE OF CITY -OWNED
PROPERTY — Little League facility
NO SPEAKERS
4153 Dam Neck Road
J/K/I
Ordinance to DECLARE
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
2245/2249/2253 London Street as
CONSENT
EXCESS/AUTHORIZE conveyance to
Cashvan Homes, LLC
2
Ordinance to AUTHORIZE Bid
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Proposals for a lease at Murden's Corner
CONSENT
re wireless communications
3
Ordinance to AUTHORIZE lease at 4153
ADOPTED, AS
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Dam Neck Road for Little League
REVISED, BY
Baseball
CONSENT
CITY OF VIRGINIA BEACH
Ordinance to AUTHORIZE acquisition
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
SUMMARY OF COUNCIL ACTIONS
Y
Y
on General Booth Boulevard from Bay
CONSENT
DATE: 10/11/2011
Shore Development re open space/City
PAGE: 2
D
S
S
Manager to EXECUTE all documents
E
D
H
E
H
W
AGENDA
D
S
I
Y
E
J
S
E
U
I
Y
ITEM # SUBJECT MOTION VOTE
A
T
E
D
N
O
S
R
H
L
W
V
E
Z
Y
L
N
O
R
R
S
O
I
P
E
E
E
E
M
O
I
O
O
S
H
L
R
Y
S
S
D
N
N
D
4
Ordinance to AUTHORIZE acquisition
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
on General Booth Boulevard from Bay
CONSENT
Shore Development re open space/City
Manager to EXECUTE all documents
5
Ordinance to AUTHORIZE appropriate
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
documents to accept dedication of
CONSENT
conservation easement at Taylor Farm,
2599 Dam Neck Road
6
Ordinance to AUTHORIZE
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
encroachment for NICHOLAS
CONSENT
R./JESSICA M. COOK re in -ground
swimming pool/concrete deck at 5400
Menteith Court
7
Resolution to AUTHORIZE Hampton
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Roads Regional Water Supply Plan Va
CONSENT
Environmental Quality
8
Ordinances to ACCEPT/
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
APPROPRIATE:
CONSENT
a. $25,000 from the Dept of Emergency
Management to Police re a shallow
water boat
b. $1,133,078 from FEMA re Virginia
Task Force 2, Urban Search and
Rescue Team
L-1
JOSEPHINE B. ADAMSON conversion
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
of Nonconforming Use a duplex to single
CONDITIONED,
family at 2018 1 " Street (DISTRICT 5 —
BY CONSENT
LYNNHAVEN)
2
APRIL HABIT/VICTOR
APPROVED.
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
M./BARBARA A. WEST enlargement of
CONDITIONED,
Nonconforming Use to allow sale of
food/beverages/picnic tables/changed
hours of operation at 4100 Charity Neck
Road (DISTRICT 7 — PRINCESS ANNE)
3
C& C DEVELOPMENT COMPANY,
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
INC./R. GILES CLEMENT Variance to
CONDITIONED,
§4.4(b) of Subdivision Ord that all lots
BY CONSENT
meet CZO at 415 49th Street (DISTRICT
5—LYNNHAVEN)
CITY OF VIRGINIA BEACH
OCEAN TRACE CONDOMINIUM
APPROVED AS
11-0
Y
Y
Y
Y
Y
Y
Y
Y
SUMMARY OF COUNCIL ACTIONS
Y
Y
ASSOC Modification of the Proffers of a
PROFFERED, BY
DATE: 10/11/2011
Conditional Rezonine (approved January
CONSENT
PAGE: 3
D
S
S
25, 2011) to allow conversion to
E
D
H
E
H
W
AGENDA
D
S
I
E
J
S
E
U
I
ITEM # SUBJECT MOTION VOTE
A
T
E
D
N
O
S
R
H
L
W
V
E
Z
Y
L
N
O
R
R
S
O
I
P
E
E
E
E
M
O
I
O
O
11-0
S
H
L
R
Y
S
S
D
N
N
D
4
OCEAN TRACE CONDOMINIUM
APPROVED AS
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
ASSOC Modification of the Proffers of a
PROFFERED, BY
Conditional Rezonine (approved January
CONSENT
25, 2011) to allow conversion to
Affordable Housing at Old Virginia Beach
and Birdneck Roads. (DISTRICT 6 -
BEACH)
5
SUPER HOLLAND ASSOC/MACH
APPROVED AS
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
ONE LLC for Modification of Condition
PROFFERED, BY
#1 (approved April 11, 1995) to reduce
CONSENT
parking spaces/develop
outparcels/lengthen existing turn lane at
3901/3877 Holland Road (DISTRICT 3 —
ROSE HALL)
6
FIVE COLUMBUS CENTER CUP re a
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
private college or university at 4505
DELETED
Columbus Street (DISTRICT 5 —
CONDITION #2,
LYNNHAVEN)
BY CONSENT
7
FRESH WORLD VA -B,
APPROVED/
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
INC./KROGER LIMITED CUP re
CONDITIONED,
indoor recreation at 2029 Lynnhaven
BY CONSENT
Parkway (DISTRICT 1—
CENTERVILLE)
8
Ordinance for the CITY to AMEND
ADOPTED
9-0
Y
N
Y
Y
N
Y
Y
Y
Y
Y
Y
§ 107 of the CZO re "notice" to
Condominiums/Cooperatives
M.
APPOINTMENTS:
RESCHEDULED
B
Y
C
O
N
S
E
N
S
U
S
ENERGY ADVISORY COMMITTEE
HEALTH SERVICES ADVISORY
BOARD
LOCAL FINANCE BOARD
MILITARY ECONOMIC
DEVELOPMENT ADVISORY
COMMITTEE
PARKS AND RECREATION
COMMISSION
PROCESS IMPROVEMENT STEERING
COMMITTEE
ADDED
HISTORICAL PRESERVATION
Reappointed
COMMISSION
3 Year Term
1/1/12 — 12/31/14
Gerald A. Cox
Gary Fentress
Diane Horsley
Lee Lockamy
C. Mac Rawls
CITY OF VIRGINIA BEACH
ABSTRACT OF VOTES
Clerk to Record
October 18, 2011
4:00 - 6:00 PM
Workshop
October 25, 2011
TBA
Briefings, Informal Session, Formal
Session
SUMMARY OF COUNCIL ACTIONS
TBA
Briefings, Informal Session, Formal
Democratic Primary for House of
Session
November 8, 2011
B
Y
C
O
N
DATE: 10/11/2011
E
N
S
U
S
Delegates (August 23, 2011)
Session
December 6, 2011
TBA
Briefings, Informal Session, Formal
PAGE: 4
D
December 13, 2011
TBA
Briefings, Informal Session, Formal
S
S
M/N/0
ADJOURNMENT
6:43PM
E
D
H
E
H
W
AGENDA
D
S
I
E
J
S
E
U
I
ITEM # SUBJECT MOTION VOTE
A
T
E
D
N
O
S
R
H
L
W
V
E
Z
Y
L
N
O
R
R
S
O
I
P
E
E
E
E
M
O
I
O
O
S
H
L
R
Y
S
S
D
N
N
D
M
ABSTRACT OF VOTES
Clerk to Record
October 18, 2011
4:00 - 6:00 PM
Workshop
October 25, 2011
TBA
Briefings, Informal Session, Formal
Session
November 1, 2011
TBA
Briefings, Informal Session, Formal
Democratic Primary for House of
Session
November 8, 2011
B
Y
C
O
N
S
E
N
S
U
S
Delegates (August 23, 2011)
Session
December 6, 2011
TBA
Briefings, Informal Session, Formal
Session
December 13, 2011
TBA
Briefings, Informal Session, Formal
Session
M/N/0
ADJOURNMENT
6:43PM
PUBLIC COMMENT 6:45-6:53PM
3 SPEAKERS
CITY COUNCIL SESSIONS
NOVEMBER 8th
MOVED TO:
NOVEMBER 1s'
to provide citizens to exercise their right
to vote on November 8, 2011,
General Election
CITY COUNCIL SESSION SCHEDULE
Date
Time
Meeting
October 18, 2011
4:00 - 6:00 PM
Workshop
October 25, 2011
TBA
Briefings, Informal Session, Formal
Session
November 1, 2011
TBA
Briefings, Informal Session, Formal
Session
November 8, 2011
Election Day - No Briefings, No
Workshop, No Sessions
November 15, 2011
4:00 - 6:00 PM
City Council Workshop
November 22, 2011
TBA
Briefings, Informal Session, Formal
Session
December 6, 2011
TBA
Briefings, Informal Session, Formal
Session
December 13, 2011
TBA
Briefings, Informal Session, Formal
Session
January 3, 2012
TBA
Back to the usual schedule