MARCH 12, 2013 AGENDACITY COUNCIL
MAYOR WILLIAM D. SESSOMS JR., At -Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
GLENN R. DAVIS, Rose Hall - District 3
WILLIAM R. DeSTEPH, At -Large
ROBERT M. DYER, Centerville - District I
AMELIA ROSS-HAMMOND, Kempsville - District 2
BARBARA M. HENLEY, Princess Anne - District 7
JOHN D. MOSS, At -Large
JOHN L. UHIUA`, Beach District 6
ROSEMARY WILSON, At -Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER JAMES K. SPORE
C'ITYATTORNEY MARK D. STILES
('ITY ASSESSOR - JERALD D. BANAGAN
(1TYAUDITOR LYNDONS. REAI7AS
(7I'Y CLERK — RUTH HODGES FRASER, MMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
March 12, 2013
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E- MAIL: Ctycncl@vbgov.coni
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
A. STRIVING FOR EXCELLENCE REPORT
James K. Spore, City Manager
B. SHADOWLAWN NAVIGATION SPECIAL SERVICE DISTRICT
David Hansen, Deputy City Manager
II. CITY COUNCIL LIAISON REPORTS
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
3:30 PM
4:30PM
VI. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Michael G. Daniels
Senior Pastor, Enoch Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
H. CONSENT AGENDA
I. PUBLIC HEARING
1. SHADOWLAWN
Dredging Project AND Tax Levy on Real Estate (SST)
J. PUBLIC COMMENT
1. CENTERVILLE SGA MASTER PLAN
K. ORDINANCES/RESOLUTIONS
February 26, 2013
1. Ordinance to ADD Section 6-9 to the City Code re use of Motorized Conveyances on Pedestrian
Pathways
2. Ordinance to AMEND and REORDAIN the City Code to ADD Section 35.3-9 re creation of the
Shadowlawn Neighborhood Dredging Special Service District and provide for a Levy of
additional taxes on real property within the District
3. Resolution to ESTABLISH the Transition Area/Interfacility Traffic Area Citizens' Advisory
Committee to serve as a Liaison between residents, business in the Transition/FTA area and City
Council
4. Ordinance to ADOPT "A Community Plan for a Sustainable Future" as the City's plan
5. Resolution re ISSUANCE and SALE of $27 -Million General Obligation Public Improvement Bonds
of, previously approved in May 2011 and 2012, and $60 -Million Public Improvement Refunding
Bonds
6. Ordinance to DECLARE property adjacent to 708 Arctic Avenue and Lake Holly in EXCESS
of the City's needs and AUTHORIZE the City Manager to CONVEY same to James R., Jr. and
Deborah J. Flanagan in EXCHANGE (Deferred February 26, 2013)
7. Ordinance to AUTHORIZE temporary encroachments into a portion of the City's right-of-way
for Gateway Towers Associates, LLC, BQTS, LLC and Gateway Investments, LLC to
construct and maintain concrete paver walkways, cantilevered balcony, low roof overhang,
canopies, wall sconce lights, landscaping and door swings at 3305 and 3317 Atlantic Avenue
(District 6 — BEACH)
8. Ordinance to APPROPRIATE and TRANSFER $97,268 within the Department of Human
Services and $1,247 from the State to provide seven (7) full-time positions in the Child
Protective Services Program (CPS)
L. PLANNING
I . Application of ROVING AUTO, INC. and KRIST ENTERPRISES for Modification of Conditions re
motor vehicle sales and service to delete restrictions on the number of vehicles for sale and number and
type of pennants and streamers at 300 South Rosemont Road (approved on January 13, 2009)
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPROVAL
2. Application of EVERGREEN VIRGINIA, LLC for Modification of Conditions re revisions to the
existing Site Layout and Building Plan for motor vehicle sales at 5193 Virginia Beach Boulevard (approved
on August 14, 2007)
(DISTRICT 2 — KEMPSVILLE)
RECOMMENDATION: APPROVAL
3. Application of VILLAGE BEND, LLC and VILLAGE BEND HOMEOWNERS ASSOCIATION,
INC. for Modification of Proffer # 9, of a Conditional Change of Zoning to DELETE the requirement that
the developer construct two neighborhood identification signs for the adjoining Newcastle neighborhood at
Dam Neck Road and Southcross Drive (approved November 25, 2008)
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROVAL
4. Application of BRENDA R. CORNWELL for a Conditional Use Permit for a Child Daycare with a
maximum of twelve (12) children at 1309 Boardwalk Way
(DISTRICT 6 — BEACH)
RECOMMENDATION:
APPROVAL
5. Application of SANDRA MILLER for a Conditional Use Permit re a residential kennel for a maximum of
seven (7) dogs at 4088 Rainbow Drive
(DISTRICT 1 — CENTERVILLE)
RECOMMENDATION:
DENIAL
6. Application of JOSEPH CASTILLO and EDDIE R. CREEKMORE, JR. for a Conditional Use Permit
for Motor Vehicle Repair at 128 Dorset Avenue
(DISTRICT 4 — BAYSIDE)
RECOMMENDATION:
APPROVAL
7. Application of MATTHEW W. and KELLY H. TIFFANY for a Variance to §4.4(b) of the
Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning
Ordinance (CZO) (DISTRICT 4 — BAYSIDE)
RECOMMENDATION:
APPROVAL
8. Application of CITY OF VIRGINIA BEACH, to AMEND and REORDAIN Section 5B.5 of the Site
Plan Ordinance Pertaining to Standards for Shoreline Stabilization and Maintenance projects in the
Floodplains, subject to Special Restrictions.
RECOMMENDATION:
M. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
ENERGY ADVISORY COMMITTEE
HAMPTON ROADS ECONOMIC ALLIANCE (HREDA)
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
TRANSITION AREA/ITA CITIZENS ADVISORY COMMITTEE
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
PUBLIC COMMENT
Non -Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
**********************************
APPROVAL
March 27 Proposed Budget Presented to City Council
April 3 Budget Workshop
April 5 Budget Open House (all departments)
April 10 Budget Workshop
April 17 Budget Workshop
April 19 Budget Public Hearing
April 24 Budget Workshop and Public Hearing
May 1 Budget Reconciliation Workshop
May 8 Budget Adoption
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 MANAGER'S BRIEFINGS - Conference Room - 3:30PM
A. STRIVING FOR EXCELLENCE REPORT
James K. Spore, City Manager
B. SHADOWLAWN NAVIGATION SPECIAL SERVICE DISTRICT
David Hansen, Deputy City Manager
II. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
INFORMAL SESSION - Conference Room - 4:30PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Michael G. Daniels
Senior Pastor, Enoch Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
H. CONSENT AGENDA
February 26, 2013
I. PUBLIC HEARING
1. SHADOWLAWN
Dredging Project AND Tax Levy on Real Estate (SST)
ti
•
LTJ J
PUBLIC HEARING:
AN ORDINANCE TO
CREATE A SPECIAL
SERVICE DISTRICT FOR
THE SHADOWNLAWN
NEIGHBORHOOD
DREDGING PROJECT
As required by Code of Virginia §
15.2-2400, the City Council of
Virginia Beach, Virginia will hold a
public hearing on an ordinance to
create a Special Service District for
the Shadowlawn Neighborhood
Dredging Project. The Public Hearing
will be held on March 12, 2013 at
6pm in the City Council chamber on
the second floor of City Hall, at 2401
Courthouse Drive. All interested
persons are invited to attend.
A copy of the ordinance, including a
map of the proposed district
boundary may be inspected at the
Office of the City Clerk.
If you are physically disabled or
visually impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 385-
4303; Hearing impaired, call: TDD
only 711 (TDD - Telephonic Device
for the Deaf).
Ruth Hodges Fraser, MMC
City Clerk
Beacon Feb. 21, 28, March 7, 2013
23452682
J. PUBLIC COMMENT
1. CENTERVILLE SGA MASTER PLAN
K. ORDINANCES/RESOLUTIONS
1. Ordinance to ADD Section 6-9 to the City Code re use of Motorized Conveyances on Pedestrian
Pathways
2. Ordinance to AMEND and REORDAIN the City Code to ADD Section 35.3-9 re creation of the
Shadowlawn Neighborhood Dredging Special Service District and provide for a Levy of
additional taxes on real property within the District
3. Resolution to ESTABLISH the Transition Area/Interfacility Traffic Area Citizens' Advisory
Committee to serve as a Liaison between residents and businesses in the Transition/FTA area and
City Council
4. Ordinance to ADOPT "A Community Plan for a Sustainable Future" as the City's Plan
5. Resolution re ISSUANCE and SALE of $27 -Million General Obligation Public Improvement Bonds
previously approved in May 2011 and 2012, and $60 -Million Public Improvement Refunding
Bonds
6. Ordinance to DECLARE property adjacent to 708 Arctic Avenue and Lake Holly in EXCESS of
the City's needs and AUTHORIZE the City Manager to CONVEY same to James R., Jr. and
Deborah J. Flanagan in EXCHANGE (Deferred February 26, 2013)
7. Ordinance to AUTHORIZE temporary encroachments into a portion of the City's right-of-way
for Gateway Towers Associates, LLC, BQTS, LLC and Gateway Investments, LLC to
construct and maintain concrete paver walkways, a cantilevered balcony, low roof overhang,
canopies, wall sconce lights, landscaping and door swings at 3305 and 3317 Atlantic Avenue
(District 6 — BEACH)
8. Ordinance to APPROPRIATE and TRANSFER $97,268 within the Department of Human
Services and $1,247 from the State to provide seven (7) new full-time positions in the Child
Protective Services Program (CPS)
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
i
An Ordinance to Add Section 6-9 of the City Code Pertaining to Use of
Motorized Conveyances on Pedestrian Pathways
MEETING DATE: March 12, 2013
• Background: There are approximately 30 city public rights-of-way running
between Sandfiddler Road and Sandpiper Road in the Sandbridge area of Virginia
Beach. These pathways allow pedestrians shorter access routes to and from the sand
beach. The City is advised people driving low -speed vehicles are now also using these
pathways as short cuts and causing damage to the pathways and neighboring property.
• Considerations: This ordinance will prohibit the use of motorized vehicles on
the public rights of way joining Sandfiddler Road and Sandpiper Road, as well as the
public rights of way joining Sandfiddler Road and the sandy beaches located in
Sandbridge. A violation of this ordinance will result in a $100 fine.
• Public Information: Public information will be provided through the normal
Council agenda process.
• Recommendations: Adopt ordinance
• Attachments: Ordinance
Requested by Councilmember Henley
1 REQUESTED BY COUNCILMEMBER HENLEY
2
3 AN ORDINANCE TO ADD SECTION 6-9 OF
4 THE CITY CODE PERTAINING TO USE OF
5 MOTORIZED VEHICLES ON PEDESTRIAN
6 PATHWAYS
7
8 SECTIONS ADDED: § 6-9
9
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12
13 That Section 6-9 of the Code of the City of Virginia Beach, Virginia, is hereby
14 amended and ordained to read as follows:
15
16 Sec. 6-9. — Use of motorized vehicles on pedestrian pathways.
17
18 (a) It shall be unlawful for any person to use or operate any type of motorized
19 vehicle on the pedestrian pathways connecting Sandpiper Road and Sandfiddler Road,
20 or connecting Sandfiddler Road and the sandy beaches located in the Sandbridge area
21 of the City.
22
23 (b) The term "motorized vehicle" means any wheeled device with a motor that
24 can be used to transport a person.
25
26 (c) The provisions of this section shall not be applicable to the use of
27 motorized wheelchairs for the transportation of disabled persons.
28
29 (d) A violation of this section shall be punishable by a $100 fine.
30 Adopted by the City Council of the City of Virginia Beach, Virginia, on this
31 day of , 2013.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Police Departmen City Atto Key's a Ficee
CA12507
R-4
February 26, 2013
III II,
II
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend and Reordain the Code of the City of Virginia Beach to
Create the Shadowlawn Neighborhood Dredging Special Service District, and
to Levy Additional Taxes on Real Property within the District
MEETING DATE: March 12, 2013
■ Background: In the FY 2011-12 Budget Process, the City Council adopted a
policy for neighborhood dredging. The policy provides the purpose and the need
underlying the establishment of various special service districts. Benefits expected
through the establishment of a neighborhood dredging special service district include
the preservation of navigable waterways, the enhancement and improvement of storm
water capacity and water quality, the protection of public recreation areas, and the
protection of property within each service district.
As provided by the policy, the City may partner with neighborhoods wherein more than
80% of the affected property owners provide signed petitions asking for the
establishment of a special service district. As part of this agreement, the City will pay
for the dredging of the City spur channel, and the Special Service District will pay for the
neighborhood channel dredging. The City, through its Department of Public Works, has
received signed petitions from 80% of the affected property owners in the Shadowlawn
Area. The Shadowlawn Area Dredging Special Service District ("Service District") will
serve 31 properties. The first dredging is planned in FY 2015-16, with the second and
third dredging cycles to occur in FY 2021-22 and FY 2028-29, respectively.
The City staff has provided the enumerated special service district levy based on the FY
2012-13 assessed values of the properties within the Service District. The staff will re-
calculate the estimated project costs at least every four years. After the completion of
the third dredging cycle and the payment of any outstanding costs associated with the
dredging, the Service District will dissolve, and the properties will no longer be subject
to the additional levy.
• Considerations: State law permits the City to establish a special service district
for the purpose of providing additional services, including dredging creeks and rivers to
maintain existing uses. A neighborhood dredging project is a partnership between the
City, the neighborhood, and the property owners.
Using the FY 2012-13 assessed values, the additional levy on the 31 properties is 15.94
cents per $100 of assessed value. This levy will provide the funding for the
neighborhood channel dredging. The effective date of the Special Service District levy
will be July 1, 2013.
Neighborhood Dredging SSD
Page 2 of 2
• Public Information: This item has been advertised for three successive weeks
in the Beacon as is required by Virginia Code § 15.2-2400. Additionally, public
information will be provided through the normal Council agenda process.
• Attachments: Ordinance, Map, Property List, Neighborhood Dredging City
Council Policy
Recommended Action: Approval
Submitting Department/Agency: Public Works RtO
City Manager: S \C-, .)S,b
1 AN ORDINANCE TO AMEND AND REORDAIN THE CODE
2 OF THE CITY OF VIRGINIA BEACH TO CREATE THE
3 SHADOWLAWN NEIGHBORHOOD DREDGING SPECIAL
4 SERVICE DISTRICT AND TO LEVY ADDITIONAL TAXES
5 ON REAL PROPERTY WITHIN THE DISTRICT
6
7 SECTION ADDED: 35.3-9
8
9 WHEREAS, The City of Virginia Beach has procured signed petitions from at
10 least 80% of the residents of the Shadowlawn Dredging Area waterfront property
11 owners; and
12
13 WHEREAS, the petitions provide the signers commit to the imposition of special
14 service district ("SSD") taxes and other contributions as set forth in further detail herein;
15 and
16
17 WHEREAS, the Shadowlawn Area Dredging Project ("Project") includes three (3)
18 cycles of dredging; and
19
20 WHEREAS, although the SSD taxes will begin July 1, 2013, the first dredging is
21 planned for FY2016, the second planned dredging for FY2022, and the third is planned
22 for FY2029; and
23
24 WHEREAS, the Project is a partnership addressing related dredging activities:
25 the community channel dredging, which is supported by City contributions to the Special
26 Service District; the neighborhood channel dredging, which is supported by the levy of
27 Special Service District taxes; and the access channels, which are supported by
28 individual contributions to the Special Service District; and
29
30 WHEREAS, the rate established by this Ordinance is based on the FY2013 real
31 estate assessed value of the subject properties; and
32
33 WHEREAS, City staff will re -calculate the estimated Project costs at a minimum
34 of every four (4) years; and
35
36 WHEREAS, the City Council of the City of Virginia Beach believes that
37 undertaking the Project is in the best interest of the public and is a reasonable exercise
38 of the City's authority to promote general welfare, including commerce and industry of
39 the City and the inhabitants thereof.
40
41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
42 VIRGINIA BEACH, VIRGINIA:
43
44 1. That the Code of the City of Virginia Beach, Virginia, is hereby amended and
45 reordained as follows:
46
1
47 Section 35.3-9. Creation of the Shadowlawn Area Dredging Special Services
48 District.
49
50 a. There is hereby created the Shadowlawn Area Dredging Special Service District
51 for the purposes set forth in this chapter and those set forth in Code of Virginia,
52 section 15.2-2403.
53 b. The boundaries of the Shadowlawn Area Dredging Special Service District shall
54 be described in detail by the map attached to this ordinance.
55 c. The Shadowlawn Area Dredging Special Service District shall dissolve on July 1,
56 2029, if not sooner.
57
58 2. There shall be levied and collected beginning in fiscal year 2014, taxes for the
59 special purpose of providing neighborhood dredging on all real estate within and
60 pursuant to the Shadowlawn Area Dredging Special Service District at the rate of 15.94
61 cents ($0.1594) on each on hundred dollars ($100) of assessed value thereof. This real
62 estate tax rate shall be in addition to the real estate tax rate set forth by the General
63 Real Estate Tax Levy adopted by City Council. Except as provided explicitly in Chapter
64 35.3 of the Code of the City of Virginia Beach, this tax rate shall apply without reduction
65 to any properties subject to ad valorem taxes including those properties enrolled in the
66 Exemption, Deferral or Freeze for Elderly and Disabled Persons, City Code §§ 35-61, et
67 seq. As set forth in Code of Virginia, section 15.2-2403(6), written consent is required
68 to apply this tax rate to the full assessed value of properties subject to special use value
69 assessment. The real estate tax rate imposed herein shall be applied on the basis of
70 one hundred percentum (100%) of the fair market value of such real property except for
71 public service real property, which shall be on the basis as provided in Section 58.1-
72 2604 of the Code of Virginia.
73
74 3. The City Manager or designee is hereby authorized to enter into contracts and to
75 perform other actions consistent with this ordinance.
76
77 4. Paragraphs 1 and 3 shall be effective immediately.
78
79 5. Paragraph 2 shall be effective July 1, 2013.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
, 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
Management Services
2
.10
I
APPROVED AS TO LEGAL SUFFICIENCY:
CA -12522
R-1
February 28, 2013
3
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Attachment B
Neighborhood Dredging for Shadowlawn
June 2012
Number
GPIN Address
1
2427-00-1851-0000
2
Caribbean Ave.
2
2427-00-1827-0000
6
Caribbean Ave.
3
2427-00-0902-0000
808
Close Ave.
2427-00-0831-0000
4
2417-90-8898-0000
810
Close Ave.
5
2417-90-7896-0000
812
Close Ave.
2417-90-8727-0000
6
2417-90-7822-0000
814
Close Ave.
2417-90-7432-0000
7
2417-90-6729-0000
818
Close Ave.
8
2417-90-5873-0000
824 Close Ave.
2417-90-5820-0000
9
2417-90-5858-0000
12
Rudee Ave.
2417-90-4867-0000
10
2417-90-4943-0000
14
Rudee Ave.
2417-90-4903-0000
11
2417-90-5938-0000
16
Rudee Ave
12
2417-91-4055-0000
24
Rudee Ave.
13
2417-91-4099-0000
26
Rudee Ave.
14
2417-91-4131-0000
28
Rudee Ave.
15
2417-91-4185-0000 32
Rudee Ave.
16
2417-91-4281-0000 34
Rudee Ave.
17
2417-91-3248-0000 911
Goldsboro Ave.
2417-91-3157-0000
18 2417-91-2112-0000
915
Goldsboro Ave.
19
2417-91-0260-0000
112
Indian Ave.
20
2417-91-0341-0000
116
Indian Ave.
21
2417-91-0327-0000
120
Indian Ave.
22
2417-91-0403-0000
124
Indian Ave.
23
2417-91-0499-0000
128
Indian Ave.
24
2417-91-0549-0000 200
Indian Ave.
25
2417-91-2746-0000 212
Rudee Ave.
26
2417-91-0714-0000 232
Indian Ave.
27 2417-81-9787-0000 236
Indian Ave.
28 2417-81-9872-0000
240
Indian Ave.
29 2417-81-9866-0000
300
Indian Ave.
30
2417-81-9921-0000
304
Indian Ave.
31
2417-81-9914-0000
312
Indian Ave.
2417-82-8090-0000
312
Indian Ave.
City Council Policy
Title: Neighborhood Dredging Program
Index Number:
Date of Adoption: 5/10/2011
Date of Revision:
Page: 1 of 2
1.0 Purpose and Need
For well over a decade, the difficulty in removing sediment of the navigation channels within the City's various
bays and river basins has negatively impacted the waterfront homeowners' ability to optimize use of their
properties. In addition, water quality and habitat have been severely impacted due to the siltation of the
bottomland of those bays and rivers.
The purpose of this policy is to establish a neighborhood dredging program that would be funded by a partnership
between the City and neighborhood residents to ensure that the Lynnhaven River, Rudee Inlet, the Elizabeth River,
Broad Bay, and Linkhorn Bay navigation channels are adequately dredged.
2.0 Policy
It is the policy of the City Council that whenever practicable the navigation channels within the Lynnhaven River
basin, the Rudee Inlet basin, the Elizabeth River basin, Broad Bay, and Linkhorn Bay will be maintained in navigable
condition through a partnership between the City and homeowners whose properties are contingent to the
waterways.
3.0 Procedure to Accomplish Policy
3.1 City Council will establish neighborhood dredging Special Service Districts (SSD) as they are requested by
those neighborhoods adjoining the Lynnhaven River, Rudee Inlet, the Elizabeth River, Broad Bay, and
Linkhorn Bay. The neighborhood participation percentage will be a minimum of 80% of properties
adjacent to the waterways before establishing an SSD.
3.2 The total period for each SSD will be 16 years. Individual SSD tax rates will be computed based on the cost
of dredging the neighborhood channels.
3.3 The City will be responsible for the main channels and spur channels off a main channel, the
neighborhoods will be responsible for those channels that serve a collective neighborhood, and property
owners will be responsible for private (individual) channels and dock basins that serve individual
properties.
3.4 The City's portion of the cost of dredging the channels will be paid for through the General Fund. The
neighborhood dredging project will require initial City funding, but over the 16 -year dredging period the
SSD will pay for the entire cost of the neighborhood dredging except private channels and dock basins and
will reimburse the City for any upfront costs.
4.0 Responsibility and Authority
4.1 For each neighborhood dredging project, the Department of Public Works is responsible for identifying
those channels that are the City's responsibility, providing the Department of Management Services with
the information needed to determine the City's cost of providing dredging service to those channels, and
working with the respective neighborhoods to accomplish the necessary dredging.
4.2 The Department of Management Services will provide analysis to determine the cost to the City for each
neighborhood dredging project and how that cost will be funded, prepare the necessary documents
requesting City Council approval of the project and establishment of the associated SSD, and following
City Council approval will ensure that the funds representing the City's portion of the cost of the project
will be appropriated in a special reserve.
4.3 Any funding for this policy shall be subject to annual appropriation and/or Council authorized issuance of
debt.
5.0 Definitions
Main Channels: The primary channels connecting directly to the Lynnhaven River basin, the Rudee Inlet basin, the
Elizabeth River basin, Broad Bay, and Linkhorn Bay.
Navigation Channel: For purposes of this policy, a channel in the Lynnhaven River basin, the Rudee Inlet basin, the
Elizabeth River basin, Broad Bay, and Linkhorn Bay that is deep enough to enable boats to pass through.
Neighborhood Channel: A system of channels within an estuary to a main channel that serves as a collective access
channel for one neighborhood.
Private (Individual) Channel: An access channel leading from private property and improvements to a
neighborhood channel.
Special Service District: A defined geographical area of the City where special services are rendered and the costs
of those special services are paid from revenues collected from service charges imposed within that area as
authorized by §§15.2-2400, et seq. of the Code of Virginia.
Spur Channel: That portion of a navigation channel leading from a main channel to a neighborhood channel
system that is adopted as a designated City channel, which may serve more than one neighborhood.
Approved as to Content:
Approved as to Legal
Sufficiency:
Approved:
Approved:
Approved:
Director of Management Services Date
City Attorney Date
Deputy City Manager Date
City Manager Date
Mayor Date
Qt;
CITY OF VIRGINIA BEACH
AGENDA ITEM
J
ITEM: A Resolution Establishing the Transition Area/Interfacility Traffic
Area Citizens' Advisory Committee and Setting Forth Its Duties,
Composition and Terms of Office
MEETING DATE: March 12, 2013
• Background: The City's Transition Area and Interfacility Traffic Area (the "ITA")
are strategically located between the more urbanized regions of the City to the north
and the City's rural area to the south, and as such, are important components of the
City's overall land use planning strategy. Councilmember Barbara Henley has
requested that a resolution establishing a citizen's advisory committee regarding issues
arising in that area be brought forward for consideration by the City Council.
• Considerations: The resolution would establish the Transition Area/Interfacility
Traffic Area Citizens' Advisory Committee to serve as a liaison between the residents
and businesses of the Transition Area and ITA and the City Council. The resolution
also prescribes the specific duties and responsibilities of the Committee, sets forth the
qualifications for membership and the terms of the members.
• Public Information: The item requires no special form of public advertising and
has been advertised as the other items on the non -Planning agenda.
• Recommendations: Adoption of resolution
• Attachments: Resolution
Requested by Councilmember Barbara M. Henley
REQUESTED BY COUNCILMEMBER BARBARA M. HENLEY
1 A RESOLUTION ESTABLISHING THE TRANSITION
2 AREA/INTERFACILITY TRAFFIC AREA CITIZENS'
3 ADVISORY COMMITTEE AND SETTING FORTH ITS
4 DUTIES, COMPOSITION AND TERMS OF OFFICE
5
6 WHEREAS, the City's Transition Area and Interfacility Traffic Area (the "ITA") are
7 strategically located between the more urbanized regions of the City to the north and
8 the City's rural area to the south, and as such, are important components of the City's
9 overall land use planning strategy; and
10
11 WHEREAS, it is the sense of the City Council that the advice and guidance of a
12 committee of citizens knowledgeable of the issues pertaining to the Transition Area and
13 ITA would be of significant benefit in making decisions concerning land use and other
14 matters occurring within the Transition Area or ITA, and that such a committee would
15 provide a vital function in assisting the City Council in determining the appropriate
16 course of action in matters relating to the Transition Area or ITA;
17
18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 That the Transition Area/Interfacility Traffic Area Citizens' Advisory Committee
22 (the "Committee") is hereby established to serve as a liaison between the residents and
23 businesses of the Transition Area and ITA and the City Council, and is charged with the
24 following duties and responsibilities:
25
26 1. To become familiar with, and provide advice to the City Council
27 concerning, the provisions and recommendations of the Comprehensive Plan pertaining
28 to the Transition Area and ITA, including, without limitation, Chapter Four (the Princess
29 Anne Commons and Transition Area), the Transition Area Design Guidelines, the
30 Interfacility Traffic Area and Vicinity Master Plan, and all future amendments to the
31 Comprehensive Plan and studies related to the Transition Area or ITA;
32
33 2. To engage in public information efforts to improve communications
34 between the residents and businesses of the Transition Area and ITA and the City
35 government, and to serve as a forum for the discussion of information brought forth by
36 either the public or private sector on matters related to the Transition Area or ITA; and
37
I
38 3. To monitor and report to the City Council the progress of the
39 implementation of public projects and plans within the Transition Area or ITA and
40 provide recommendations for remedial actions as deemed necessary.
41
42 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
43 BEACH, VIRGINIA:
44
45 1. That the Committee shall be comprised of thirteen (13) persons, of whom
46 two (2) shall be ex officio members appointed by virtue of their office as the City
47 Councilmember and Planning Commission member, respectively, representing the
48 Princess Anne District; one (1) shall be a military or civilian representative of the United
49 States Navy serving at Naval Air Station Oceana; one (1) shall be a representative the
50 Virginia Beach Development Authority; and the remaining members shall be appointed
51 from among the residents or business owners of the City who have an interest in land
52 use and related issues pertaining to the Transition Area and ITA. All members shall
53 serve at the pleasure of the City Council and without compensation;
54
55 2. That with respect to the initial terms of office of the eleven (11) members
56 other than the ex officio members, three (3) shall be for terms of one (1) year, four (4)
57 shall be for terms of two (2) years, and four (4) shall be for terms of three (3) years.
58 Thereafter, the terms of all such members shall be for three (3) years. Any such
59 member that fails to maintain the status qualifying him or her for appointment as set
60 forth above shall be entitled to serve the remainder of his or her term; and
61
62 3. That the existence of the Committee shall be perpetual, unless sooner
63 dissolved by the City Council.
64
65 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
66
, 2013.
APPROVED AS TO LEGAL SUFFIOIENCY:
City Attorney's Office
CA12598
R-2
March 5, 2013
2
o � r
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Adopt "A Community Plan for a Sustainable Future" as
the City of Virginia Beach Sustainability Plan
MEETING DATE: March 12, 2013
■ Background: In November 2008, the City of Virginia Beach submitted a
proposal to the American Institute of Architects (AIA) for a Sustainable Design
Assessment Team (SDAT) to assist its citizens in addressing key issues facing the
community. These issues included land use planning, housing affordability, energy,
transportation, and economic development opportunities. The AIA accepted the
proposal, and after a preliminary visit by a small group in May 2009, the full team of
SDAT members arrived in Virginia Beach in September 2009. For three days the SDAT
worked closely with local officials, community leaders, technical experts and citizens,
and studied the community and their concerns. The SDAT team used their expertise to
frame a wide range of recommendations, which were presented to the community in a
public meeting on September 16, 2009. The recommendations and public input formed
the final SDAT Report, which focused on four areas — urban design, agriculture,
transportation, and green economy. A final SDAT report was prepared during the fall
and winter of 2009-2010, and a formal briefing was provided to the City Council on May
25, 2010. Based on this briefing, the City Council decided to pursue the development of
a City Sustainability Plan and work commenced on this effort. City staff and the
consultant team of Clark-Nexsen initially focused efforts on researching exemplary
plans from other communities, and formally kicked off the plan development process in
the fall of 2011, when the first of eleven public input and review meetings were held.
Further input was obtained from a City Manager selected Steering Committee and its
six meetings, twenty two meetings with the City's senior and middle management staff
and the City's Strategic Issue Teams, individual interviews, and seven community focus
group meetings. City staff additionally held six City Council briefings over the course of
development of the Plan. City staff has worked to revise a draft document first unveiled
in May 2012 through the winter of 2013 with additional input and comment from a wide
audience, including several City Council informational briefings and informal public
comment. Two formal public comment sessions were held on February 12, 2013 and
February 26, 2013 to solicit additional public comment on the draft Plan.
• Considerations: "A Community Plan for a Sustainable Future" is first and
foremost a home-grown document, as its structure, goals and objectives were derived
from local community input. Its development reflects extensive coordination and
alignment with other City adopted plans, policies and objectives. During the course of
the development of the Plan, the City also was conducting several efforts that have
greatly influenced the development of the Plan — of which three efforts stand out. The
first was City Council's Strategic Plan, completed in January 2012. The second was
City Council's appointment of the Envision Virginia Beach 2040 Committee and its
I
culminating Report on May 15, 2012. The third was the updated "A Strategic Plan to
Achieve City Council's Vision for the Future", which was completed in January 2013.
City staff has made several revisions to the earlier undated draft Plan provided to the
City Council on February 8, 2013. These revisions address concerns noted by
Councilman Moss, as described in City Manager Spore's attached letter of February 21,
2013, along with other minor edits and additions made based upon public comments
and feedback received since February 8, 2013. The attached draft incorporates all of
these revisions.
• Public Information: Public information has been provided extensively through
the Plan development and review process, as well as through a City website dedicated
to the Plan development process, public notices, and informal public input sessions.
Public input was also provided during the two formal public comment periods for the
Plan.
• Recommendations: It is recommended that Council adopt "A Community Plan
for a Sustainable Future" as the City's Sustainability Plan.
• Attachments (3): Ordinance
"A Community Plan for a Sustainable Future"
Letter dated February 21, 2013 from James K. Spore to
Councilman John D. Moss
Recommended Action: Approval
Submitting Department/Agency: Department of Planning and Communitivj
y
Development
City Manager:
..6cr.e•
OFFICE OF THE CITY MANAGER
(757)3854242
FAX (757) 365-5626
City of Virgixii t Beach
February 21, 2013
Councilman John D. Moss
Subject: Draft Sustainability Plan
Dear Mr. Moss:
MI NI: PAL CENTER
BUILDING NUA IER1
2401 COURTHOUSE DRNE
VIRGNIA BEACH, VA 23456.9001
I am in receipt of your undated letter and enclosed critique addressed to the City Council concerning
the Draft Sustainability Plan, as provided to me on Tuesday, February 19, 2013 at the informal City
Council session. I have taken the liberty of sharing your letter and critique with my Deputy City
Managers, the Director of Planning, and City staff and consultants who form the project team for
the Sustainability Plan. As a group, we have worked to accurately assess and fully understand your
comments, and offer the following response as an acknowledgement of those comments.
Critique One Response: It is acknowledged that the purpose of government is spelled out in the
Declaration of Independence, the Constitution of the United States and. the Constitution of the
Commonwealth. That purpose does identify government exists in large measure to help defend and
guarantee individual liberties. However, it should be noted that the Sustainability Plan (Plan) is
intended to be a community plan - not just a plan of the government (City), but also of the larger
community government serves. This larger community does not have a defined purpose to help
defend and guarantee individual liberties. Accordingly, your proposed preamble would limit the
scope of the Plan to only being applicable to City actions and not a larger context of both City and
community actions. It is suggested that the following language be inserted to page one, paragraph
one after the first sentence:
"The Plan acknowledges that government - at all levels - exists in large measure to help defend and
guarantee individual liberties. Such liberties are well described in our nation's founding principles
and documents. Within the context of community as a whole, individual liberties are protected and
enhanced by creating and refining a sense of community that respects individual liberties while at
the same time striving to make progress which helps individuals live rewarding lives. Government
thereby has a more refined role of helping to facilitate and create a sense of community while
simultaneously helping defend and guarantee individual liberties."
It is also suggested that the following language be inserted at the top of page four under "Why are
we doing this?":
"Actions and attitudes of today will undoubtedly shape our future as a city. Our elected officials are
obligated to protect the individual liberties that are granted to all U.S. citizens in the Declaration of
Independence, and in the Constitutions of the United States and the Commonwealth of Virginia. As
bestowed upon us by our founders, simply said, everyone has the right to live freely and to live a
happy life. Our lives are optimized when one's right to freely pursue economic opportunities, live in
Councilman John D. Moss
Draft Sustainability Plan
February 21, 2013
Page 2
healthy surroundings, and experience social - equity are in equilibrium. The three aspects of
sustainability — economic, environmental, and social — when balanced, enhance and enrich our
individual liberties. This Plan is not intended to infringe upon individual liberties, nor does it
describe a uniform, "cookie cutter" approach to living, working, and playing in Virginia Beach.
Rather, it offers choices and opportunities for individuals."
Critique Two Response: The graphic does not include "individual liberty" as part of the balance
because it is fundamentally understood that government exists to help defend and guarantee
individual liberties. It is suggested that the addition of the language noted above into the draft Plan
addresses this concern. It is also suggested that the graphic currently on page one will be relocated
to page four where it is more aligned with the text.
Critique Three Response: It is acknowledged that the Plan does not recite our political Creed. The
Plan does not detail what is meant by rich past, but it is acknowledged that Virginia Beach's rich
past is reflective of the points you raise concerning individualism, personal reliability, personal
accountability and limited government. It is suggested that these points could be added to the rich
past reference. The term government is inferred in the document as applying to the word city with a
capital C, in contrast to city without a capital c, which is inferred in the document as applying to the
community as a whole. This is not a new concept — it has been utilized in the government for many
years. It is acknowledged that the concept of philosophy in the sentence would be better described
as principles, in that the Plan suggests the government and the community should be guided by
principles that promote actions to make Virginia Beach a place that is prepared to deal with
unforeseen changes to the greatest extent possible, by taking actions and adopting attitudes that will
make Virginia Beach resilient. Accordingly, it is suggested that we replace "philosophy" with
"principles." It is acknowledged that stable, resilient and dynamic could be interpreted as conflicting
terminology — it is suggested that we replace "dynamic" with "energetic." It is acknowledged that
individual and business financial health is not adequately addressed in the draft Plan. It is suggested
that this is better addressed in the context of the document under the People element, beginning on
page 18, and as spelled out in our responses to your Critique Five (listed as Critique Four) and your
Critique Six (listed as Critique Five). It is suggested that we have adequately addressed your
remaining points under Critique Three in our recommended revisions noted above.
Critique Four Response: It is acknowledged that the forward be drafted for the Mayor and all
Councilmembers, and that it be re -titled "Message from the Mayor and City Council."
Critique Five (listed as Critique Four) Response: It is suggested that your proposed element of
"Financial Health of Beach Residents" be merged into the elements of "People" and "Work." It is
further suggested that the attached language be added to the Plan under this element to address the
intent of the goaLs outlined under your Critique Five. It should also be noted that many of the goals
you have listed, while inherently valid, do not constitute goals but instead are viewed as actions or
strategies. It is suggested that they are better addressed not in the context of the Sustainability Plan
but instead through the City's Strategic Plan, and that the Strategic Issue Teams which are the
building blocks for actions described in the Strategic Plan be assigned the task of addressing these
actions and strategies.
Councilman John D. Moss
Draft Sustainability Plan
February 21, 2413
Page 3
Critique Six (listed as Critique Five) Response: It is suggested that your proposed element of
"City and School Board Workforce" be merged into the elements of "People" and "Work." As was
also noted under the response above, it is further suggested that the attached language be added to
the Plan under this element to address the intent of the goals outlined under your Critique Five. It
should also be noted that many of the goals you have listed, while inherently valid, do not constitute
goals but instead are viewed as actions or strategies. It is suggested that they are better addressed not
in the context of the sustainability Plan but instead through the City's Strategic Plan, and that the
Strategic Issue Teams which are the building blocks for actions described in the Strategic Plan be
assigned the task of addressing these actions and strategies. It is also suggested that the following
language be added to the Plan at the top of page 25 as part of the background to accompany Goal 1:
"The City of Virginia Beach and Virginia Beach City Public Schools have a highly knowledgeable
and committed workforce (Staff). Staff, in many cases, are family members, friends, and neighbors
of residents who call Virginia Beach home. In their role as residents, they too are taxpayers.
Taxpayers function as the owners/stakeholders of our local government. Staff serve the vital role of
delivering impartial, effective, and efficient services. Taxpayers and Staff share the common goal of
appropriately prioritizing and managing revenues flowing to the City, resulting in effective and
efficient delivery of government services and programs.
Volunteers have played..."
Again, thank you for providing your comments and for the opportunity to offer this response.
Should you have any questions concerning these responses, please do not hesitate to contact me, or
Clay Bernick (385-4899) of our staff who serves as Sustainability Plan Project Team Manager.
With Pride in Our City,
Attachment
c: City Council
Robert S. Herbert
Ruth H. Fraser
William J. Whitney, Jr.
Fraternal Order of Police, Virginia Beach Chapter
International Firefighters Association, Virginia Beach Chapter
Suggested additional language addressing financial health of Virginia Beach families and
the City's vital workforce
Item z: Table pg 23
Add line showing City of Virginia Beach poverty rates as follows:
1980 8.9%
1990 5.9%
2000 6.5%
2010 7.5%
Redo this table so it starts at 1980 at to year intervals and add an additional source: U.S.
Census Bureau
Item 2: pg 28, insert additional language highlighted below in red
Virginia Beach promotes equitable and fair housing for all citizens, provides housing assistance
to eligible, very low- and extremely low-income persons/families, and is working to increase
affordable housing opportunities for vital members of our community - our teachers, police
officers, firefighters, nurses, medical technicians, military personnel, retail workers, recent
college graduates, and young families. This is a critical issue as our current median home price
is $225,500 with a qualifying annual income of s73,000, yet many of these group's annual
salaries are below s5o,000. In addition, salaries for our vital employees are not keeping up with
housing costs. The g`hAnnual ,Demographic international Housing Affordability Survey state
that the average home price in Virginia Beach is m0re than 3,5 times our median income level,
making Virginia Beach moderately unaffordable for home buyers.s Based on the 2012
Hampton Roads Housing Market Review, the City of Chesapeake is the only city in the region
with a higher average rental rate (2,o20/month) than Virginia Beach, contributing to the issue
of housing affordability for much of our vital workforce. Over the next decade, there is a need
for an additional. 2,600 housing units that are affordable for households with incomes below
s35,0oo.9 Continuing emphasis on de -institutionalization and aging -in-place increases the
need for equitable access to housing with support services forthose with mental illness,
intellectual disabilities, and the elderly.
Senior citizens and disabled individuals are often the most financially burdened group because
of rising property values and limited incomes. To address this challenge, the City Council
adopted a tax relief program for qualifying senior citizens and disabled individuals. Based 0n a
combination of age, disability, income, and total assets, both seniors and the disabled can
reduce their tax burden by taking advantage of two programs: a real estate tax exemption,
deferral, or freeze and a personal property tax reduction on motor vehicles. The Commissioner
of the Revenue reported that almost 1,o6o qualified individuals have taken advantage of the
personal property tax reduction.
8?Annual Demographia International Housing Affordability Survey, www.demographia.com
9 The Housing Roundtable (www.thehousingroundtable.orq)
Suggested additional language addressing the City's workforce
Item 1, pg 6; second paragraph, after first sentence add:
Following the City of Virginia Beach (including Virginia Beach City Public Schools) in number of
employees, the five major employers in Virginia. Beach include: Naval Air Station Oceana/Darn
Neck and Joint Expeditionary Base Little. Creek -Fort Story, 12,000 civilians; Sentara
Healthcare, S,aoo employees; Farre Fresh, 4,000 employees; Lynnhaven Mall, 2,600
employees; and Navy Exchange Service Command, 2,450. employees. 'Tasked with
implementing the community's goals set forth by the City Council, City employees strive to
ensure that all individuals, families, neighborhoods, community groups, and commercial
interests have an opportunity to prosper. As the City's workforce ages and retires, their
institutional knowledge — important information gained through years of experience - goes
with them_ The need for successio. n planning is becoming increasingly apparent as the number
of City employees eligible for retirement continues to increase.
Seven of the world's....
2 Source: www.yesvirginiabeach.com, Hoovers.com, Company Websites and Press Releases
1 AN ORDINANCE TO ADOPT "A COMMUNITY
2 PLAN FOR A SUSTAINABLE FUTURE" AS THE
3 SUSTAINABILITY PLAN FOR THE CITY OF
4 VIRGINIA BEACH
5
6 WHEREAS, in November 2008, the City of Virginia Beach submitted a proposal
7 to the American Institute of Architects for a Sustainable Design Assessment Team to
8 assist its citizens in addressing key issues facing the community, including land use
9 planning, housing affordability, energy, transportation, and economic development
10 opportunities; and
11
12 WHEREAS, a formal briefing on the Sustainable Design Assessment Team work
13 was presented to City Council on May 25, 2010, and City Council decided to pursue the
14 development of a City Sustainability Plan; and
15
16 WHEREAS, "A Community Plan for a Sustainable Future" has been developed
17 with extensive input from the community and all stakeholders; and
18 WHEREAS, "A Community Plan for a Sustainable Future" reflects extensive
19 coordination and alignment with other City adopted plans, policies and objectives,
20 including the City Council's Strategic Plan, the Envision Virginia Beach 2040
21 Committee's Report, and the updated "A Strategic Plan to Achieve City Council's Vision
22 for the Future".
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
26 That "A Community Plan for a Sustainable Future" is hereby adopted as the City
27 of Virginia Beach's Sustainability Plan. Such document has been exhibited to the City
28 Council and copies are available in the Department of Planning, the City Clerk's Office
29 and on the City website.
Adopted by the Council of the City of Virginia Beach, Virginia, on this day
, 2013.
APPROVED AS TO CONTENT:
Department of Planni
CA12600/R-3/March 5, 2013
APPROVED AS TO LEGAL
SU FICIENCY:
City Attorney's Office
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution of the City of Virginia Beach, Virginia, Providing for the Issuance and
Sale of General Obligation Public Improvement Bonds, Heretofore Authorized, in
the Maximum Amount of $27,000,000, and General Obligation Public
Improvement Refunding Bonds in the Maximum Principal Amount of $60,000,000
to Refund Previously Authorized and Issued Bonds, and Providing for the Form,
Details and Payment Thereof
MEETING DATE: March 12, 2013
■ Background: Based on a review of School capital project expenditures, the
Department of Finance has begun preparations for a general obligation new money
bond sale in the maximum amount up to $27,000,000. The bond sale is composed of
portions of the FY2012 and FY2013 Charter Bond Authorizations previously approved
by Council on May 10, 2011 and May 8, 2012, respectively. The bond proceeds from
this issuance and sale will reimburse previously authorized expenditures for the new
Kellam High School. Based on current market conditions, the City's Financial Advisor,
Public Resources Advisory Group ("PRAG"), has recommended that this sale take place
on April 3, 2013.
In addition to the new money sale, the Department of Finance and the City's Financial
Advisor recommend that the City issue refunding bonds to save on the costs of future
debt service for some of the currently outstanding bonds. For the bonds that are
candidates for refunding, favorable market conditions allow the City to redeem these
bonds and issue refunding bonds at a significant debt service savings.
• Considerations: The new money sale represents a general obligation bond sale the
issuance of which requires City Council approval. The City's Bond Counsel has
prepared the enclosed resolution authorizing the issuance and sale of the bonds. The
bonds will be sold electronically by competitive bid, with the actions of the City Manager
being conclusive; provided however, that the bonds shall have a true interest cost not to
exceed 4.0%. The proposed bond structure for the new money takes into consideration
the FY -14 debt service budget.
For the refunding bonds, there is no issuance of new debt. The City will size the
refunding in a manner that will allow the City to save on debt service payments. As with
previous refunding sales, the Department of Finance will report to Council savings that
result from the refunding.
• Public Information: Public information will be handled through the normal Council
agenda process. The original Charter Bond Authorizations were part of the public
information process of the City's Resource Management Plan (Budget/CIP). In addition,
the Resolution authorizes the distribution of the Preliminary Official Statement for
i
marketing purposes. Also, a Notice of Sale will be placed in The Bond Buyer, a daily
newspaper for the tax-exempt bond market.
• Recommendation: Approval of the attached resolution.
• Attachment: Resolution
Recommended Action: Approval
Submitting Department/Agency: Finance 901.61cA. 0
City Manager. V.
COUNCIL VERSION
RESOLUTION OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE
OF GENERAL OBLIGATION PUBLIC IMPROVEMENT
BONDS, HERETOFORE AUTHORIZED, IN THE
MAXIMUM AMOUNT OF $27,000,000, AND GENERAL
OBIGATION PUBLIC IMPROVEMENT REFUNDING
BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF
$60,000,000 TO REFUND PREVIOUSLY AUTHORIZED
AND ISSUED BONDS, AND PROVIDING FOR THE
FORM, DETAILS AND PAYMENT THEREOF
The issuance of $65,500,000 of bonds of the City of Virginia Beach, Virginia (the
"City") was authorized by an ordinance adopted by the City Council of the City of Virginia
Beach, Virginia (the "City Council") on May 10, 2011, without being submitted to the qualified
voters of the City, to finance various public improvements, including schools, roadways, coastal
projects, economic and tourism projects, building and parks and recreation projects, $39,238,112
of which have been issued and sold, leaving and unsold balance of $26,261,888.
The issuance of $67,700,000 of bonds of the City was authorized by an ordinance
adopted by the City Council on May 8, 2012, without being submitted to the qualified voters of
the City, to finance various public improvements, including schools, roadways, coastal projects,
economic and tourism projects, building and parks and recreation projects, none of which bonds
have been issued and sold.
It has been recommended to the City Council by representatives of Public Resources
Advisory Group (the "Financial Advisor") that the City issue and sell a series of general
obligation public improvement bonds in the maximum principal amount of $27,000,000. The
City Council has determined it is in the City's best interest to issue and sell $10,551,866 of the
remaining balance of the bonds authorized on May 10, 2011; and up to $16,448,134 of the bonds
authorized on May 8, 2012.
The City has previously issued its $50,870,000 General Obligation Public Improvement
Bonds, Series 2003B (the "Series 2003B Bonds") of which $15,560,000 is outstanding;
$80,000,000 General Obligation Public Improvement Bonds, Series 2005 (the "Series 2005
Bonds") of which $36,000,000 is outstanding and its $75,000,000 General Obligation Public
Improvement Bonds, Series 2007 (the "Series 2007 Bonds") of which $41,250,000 is
outstanding. It has been recommended to the City Council by the Financial Advisor that the City
may achieve certain debt service savings by refunding all or a portion of the Series 2003B
Bonds, Series 2005 Bonds and Series 2007 Bonds (collectively, the "Prior Bonds") through the
issuance of general obligation public improvement refunding bonds in the maximum aggregate
principal amount of $60,000,000, subject to certain parameters set forth herein.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. Issuance of Bonds. There shall be issued, pursuant to the Constitution and
statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts
of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26,
Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement bonds
of the City in the maximum principal amount of $27,000,000 (the "Public Improvement Bonds")
and general obligation public improvement refunding bonds of the City in the maximum
principal amount of $60,000,000 (the "Refunding Bonds," and collectively with the Public
Improvement Bonds, the "Bonds"). The proceeds of the Public Improvement Bonds will be used
to provide funds to finance, in part, the costs of various public, school, road and highway,
coastal, economic and tourism, building and parks and recreation improvements, as more fully
described in the ordinances authorizing the Public Improvement Bonds adopted on May 10, 2011
and May 8, 2012. The proceeds of the Refunding Bonds will be used to refund the Prior Bonds
or selected maturities or portions of maturities thereof as herein authorized. Proceeds of the
Public Improvement Bonds and Refunding Bonds may also be applied to the costs incurred in
connection with issuing such obligations.
2. Bond Details. The Bonds may be issued in one or more series and shall be
designated "General Obligation Public Improvement Bonds; provided any Bonds issued as
Refunding Bonds shall also contain the word "Refunding" in such designation. The Bonds shall
contain the series designation 2013 or such other designation as may be determined by the City
Manager, shall be in registered form, shall be dated such date as may be determined by the City
Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be
numbered R-1 or RF-1 upward as appropriate. The Bonds if issued as separate series may be
issued at the same time or at different times as determined by the City Manager in consultation
with the Financial Advisor, and the principal amount of each series of Bonds shall be determined
by the City Manager in his discretion in consultation with the Financial Advisor. Subject to
Section 9, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to
the City Manager; provided, the Bonds (a) shall have a "true" or "Canadian" interest cost not to
exceed 4.0 % (taking into account any original issue premium or discount), (b) shall be sold to
the purchaser or purchasers thereof at a price not less than 100% of the principal amount thereof,
(c) shall be subject to optional redemption beginning no later than and continuing after
December 31, 2023, at an optional redemption price of no more than 102% of the principal
amount to be redeemed plus accrued interest to the optional redemption date, and (d) shall
mature annually in installments through serial maturities or mandatory sinking fund payments
beginning no later than December 15, 2014, and ending no later than December 15, 2034.
Principal of the Bonds shall be payable annually on dates determined by the City Manager,
which principal payment dates need not be the same for each series.
Each Bond shall bear interest at such rate as shall be determined at the time of sale,
calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on
dates determined by the City Manager. Principal shall be payable to the registered owners upon
surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined).
Interest shall be payable by check or draft mailed to the registered owners at their addresses as
they appear on the registration books kept by the Registrar on a date prior to each interest
payment date that shall be determined by the City Manager (the "Record Date"). Principal,
premium, if any, and interest shall be payable in lawful money of the United States of America.
Initially, one Bond certificate for each maturity of the Bonds shall be issued to and
2
registered in the name of The Depository Trust Company, New York, New York ("DTC"), or its
nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating
to a book -entry system to be maintained by DTC with respect to the Bonds. "Securities
Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant
to this Section 2.
In the event that (a) the Securities Depository determines not to continue to act as the
securities depository for the Bonds by giving notice to the Registrar, and the City discharges its
responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial
owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities
Depository, then the City's Director of Finance shall, at the direction of the City Manager,
attempt to locate another qualified securities depository to serve as Securities Depository and
authenticate and deliver certificated Bonds to the new Securities Depository or its nominee, or
authenticate and deliver certificated Bonds to the beneficial owners or to the Securities
Depository participants on behalf of beneficial owners substantially in the form provided for in
Section 5; provided, that such form shall provide for interest on the Bonds to be payable (A)
from the date of the Bonds if they are authenticated prior to the first interest payment date, or (B)
from the interest payment date that is or immediately precedes the date on which the Bonds are
authenticated (unless payment of interest thereon is in default, in which case interest on such
Bonds shall be payable from the date to which interest has been paid). In delivering certificated
Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities
Depository as to the beneficial owners or the records of the Securities Depository participants
acting on behalf of beneficial owners. Such certificated Bonds will then be registrable,
transferable and exchangeable as set forth in Section 7.
So long as there is a Securities Depository for the Bonds, (1) it or its nominee shall be the
registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution,
determinations of persons entitled to payment of principal, premium, if any, and interest,
transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the
Securities Depository and shall be effected pursuant to rules and procedures established by such
Securities Depository, (3) the Registrar and the City shall not be responsible or liable for
maintaining, supervising or reviewing the records maintained by the Securities Depository, its
participants or persons acting through such participants, (4) references in this Resolution to
registered owners of the Bonds shall mean such Securities Depository or its nominee and shall
not mean the beneficial owners of the Bonds, and (5) in the event of any inconsistency between
the provisions of this Resolution and the provisions of the above -referenced Blanket Issuer Letter
of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the
extent set forth in this paragraph and the next preceding paragraph, shall control.
3. Refunding Provisions.
The City Manager is authorized and directed to select the principal maturities of the Prior
Bonds or portions of such maturities to be refunded and to cause to be called for optional
redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in
accordance with the provisions of such bonds; provided such maturities or portions thereof
selected are expected in the aggregate to provide a minimum savings of 3.0% on a net present
value basis as determined by the Financial Advisor. In connection with the refunding herein
3
authorized, the City Manager, if determined necessary or appropriate in consultation with the
Financial Advisor, is authorized to retain the services of independent consultants to provide
verification reports (the "Verification Agent") on aspects of the refunding and is further
authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter
into escrow agreements with them to the extent needed to hold and provide for investment of all
or portions of the proceeds of the Refunding Bonds and other funds as needed pending their
application to refund the Prior Bonds or portions thereof selected to be refunded.
4. Redemption Provisions.
(a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity
at the option of the City Manager, in whole or in part, at any time on and after dates, if any,
determined by the City Manager, with the first such optional redemption date beginning no later
than December 31, 2023 as set forth in Section 2 at a redemption price equal to the principal
amount to be redeemed, together with any interest accrued to the date fixed for redemption, plus
a redemption premium, if any, not to exceed 2% of the principal amount to be redeemed, such
redemption premium to be determined by the City Manager in consultation with the Financial
Advisor.
(b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to
mandatory sinking fund redemption upon terms determined by the City Manager.
If so determined by the City Manager, the Bonds may provide that the City may take a
credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds
in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered
for cancellation and have not been applied previously as such a credit. If the City wishes to take
such a credit, on or before the 70th day next preceding any such mandatory sinking fund
redemption date, the City's Director of Finance may instruct the Registrar to apply a credit
against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable
maturity that have been optionally redeemed or surrendered for cancellation by the City and have
not been previously applied as a credit against any mandatory sinking fund redemption
obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or
surrendered shall be credited at 100% of the principal amount thereof against the principal
amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund
redemption date or dates for such maturity as may be selected by the Director of Finance.
(c) Selection of Bonds for Redemption. If less than all of the Bonds are called for
optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's
Director of Finance in such manner as may be determined to be in the best interest of the City. If
less than all of a particular maturity of the Bonds are called for redemption, the Bonds within
such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules
and procedures or, if the book -entry system is discontinued, shall be selected by the Registrar by
lot in such manner as the Registrar in its discretion may determine In either case, (a) the portion
of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple
thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing
that number of Bonds that is obtained by dividing the principal amount of such Bond by $5,000.
4
(d) Redemption Notices. The City shall cause notice of the call for redemption
identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission,
registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days
prior to the redemption date, to the registered owner of the Bonds. The City shall not be
responsible for mailing notice of redemption to anyone other than DTC or another qualified
Securities Depository or its nominee unless no qualified Securities Depository is the registered
owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds,
notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a
Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion
thereof will be issued to the registered owner upon the surrender thereof.
5. Execution and Authentication. The Bonds shall be signed by the manual or
facsimile signature of the Mayor or Vice -Mayor, shall be countersigned by the manual or
facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto
or a facsimile thereof printed thereon; provided, that if both of such signatures are facsimiles, no
Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer,
as Registrar, or an authorized officer or employee of any bank or trust company serving as
successor Registrar and the date of authentication noted thereon.
6. Bond Form. The Bonds shall be in substantially the form attached to this
Resolution as Exhibit A, with such completions, omissions, insertions and changes not
inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose
approval shall be evidenced conclusively by the execution and delivery of the Bonds.
7. Pledge of Full Faith and Credit. The full faith and credit of the City are
irrevocably pledged for the payment of the principal of, premium, if any, and interest on the
Bonds. Unless other funds are lawfully available and appropriated for timely payment of the
Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other
taxes authorized or limited by law and without limitation as to rate or amount, on all locally
taxable property in the City sufficient to pay when due the principal of, premium, if any, and
interest on the Bonds.
8. Registration, Transfer and Owners of Bonds. The City Treasurer is
appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a
qualified bank or trust company as successor paying agent and registrar of the Bonds. The
Registrar shall maintain registration books for the registration and registration of transfers of the
Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its
designated corporate trust office if the Registrar is a bank or trust company, together with an
assignment duly executed by the registered owner or his duly authorized attorney or legal
representative in such form as shall be satisfactory to the Registrar, the City shall execute, and
the Registrar shall authenticate, if required by Section 5, and shall deliver in exchange, a new
Bond or Bonds having an equal aggregate principal amount, in authorized denominations, of the
same form and maturity, bearing interest at the same rate and registered in the name as requested
by the then registered owner thereof or its duly authorized attorney or legal representative. Any
such transfer or exchange shall be at the expense of the City, except that the Registrar may
charge the person requesting such transfer or exchange the amount of any tax or other
governmental charge required to be paid with respect thereto.
5
The Registrar shall treat the registered owner as the person or entity exclusively entitled
to payment of principal, premium, if any, and interest and the exercise of all other rights and
powers of the owner, except that interest payments shall be made to the person or entity shown
as owner on the registration books as of the Record Date.
9. Sale of Bonds. The City Council approves the following terms of the sale of the
Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the
City Manager, in collaboration with the Financial Advisor, and subject to the limitations set forth
in Sections 1 through 3, and the City Manager shall receive bids for the Bonds and award the
Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the
limitations set forth in Section 2. Following the sale of the Bonds, the City Manager shall file a
certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City
Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale
and issuance of the Bonds shall be necessary on the part of the City Council.
10. Notice of Sale; Bid Form. The City Manager, in collaboration with the Financial
Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale
substantially in accordance with the forms of the Official Notice of Sale and the Official Bid
Form, which forms are attached as an Appendix to the draft of the Preliminary Official Statement
described in Section 11 below, and which forms are approved; provided, that the City Manager,
in collaboration with the Financial Advisor, may make such changes in the Official Notice of
Sale and the Official Bid Form not inconsistent with this Resolution as he may consider to be in
the best interest of the City.
11. Official Statement. A draft of a Preliminary Official Statement describing the
Bonds, a copy of which has been provided or made available to each member of the City
Council, is approved as the form of the Preliminary Official Statement by which the Bonds will
be offered for sale, with such completions, omissions, insertions and changes not inconsistent
with this Resolution as the City Manager, in collaboration with the Financial Advisor, may
consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with
the Financial Advisor, shall make such completions, omissions, insertions and changes in the
Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable
to complete it as a final Official Statement for the Bond, execution thereof by the City Manager
to constitute conclusive evidence of his approval of any such completions, omissions, insertions
and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a
reasonable number of copies of the final Official Statement by the earlier of seven business days
after the Bonds have been sold or the date of issuance thereof, for delivery to each potential
investor requesting a copy of the Official Statement and for delivery to each person to whom
such purchaser initially sells Bonds.
12. Official Statement Deemed Final. The City Manager is authorized, on behalf of
the City, to deem the Preliminary Official Statement and the Official Statement in final form for
the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of
the Securities and Exchange Commission (the "SEC"), except for the omission in the
Preliminary Official Statement of certain pricing and other information permitted to be omitted
pursuant to Rule 15c2-12. The distribution of the Preliminary Official Statement and the Official
Statement in final form shall be conclusive evidence that each has been deemed final as of its
date by the City, except for the omission in the Preliminary Official Statement of such pricing
and other information permitted to be omitted pursuant to Rule 15c2-12.
13. Preparation and Delivery of Bonds. After bids have been received and the
Bonds have been awarded to the winning bidder, the officers of the City are authorized and
directed to take all proper steps to have the Bonds prepared and executed in accordance with
their terms and to deliver the Bonds to the purchaser thereof upon payment therefor.
14. Arbitrage Covenants. The City covenants that it shall not take or omit to take
any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within
the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations
issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in
the gross income of the registered owners thereof under existing laws. Without limiting the
generality of the foregoing, the City shall comply with any provision of law that may require the
City at any time to rebate to the United States any part of the earnings derived from the
investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally
recognized bond counsel that such compliance is not required to prevent interest on the Bonds
from being includable in the gross income of the registered owners thereof under existing law.
The City shall pay any such required rebate from its legally available funds.
15. Non -Arbitrage Certificate and Elections. Such officers of the City as may be
requested are authorized and directed to execute an appropriate certificate setting forth the
reasonably expected use and investment of the proceeds of the Bonds in order to show that such
reasonably expected use and investment will not violate the provisions of Section 148 of the
Code, and any elections such officers deem desirable regarding rebate of earnings to the United
States, for purposes of complying with Section 148 of the Code. Such certificate and elections
shall be in such form as may be requested by bond counsel for the City.
16. Limitation on Private Use. The City covenants that it shall not permit the
proceeds of the Bonds or the facilities financed or refinanced with the proceeds of the Bonds to
be used in any manner that would result in (a) 5% or more of such proceeds or of the facilities
financed or refinanced with such proceeds being used in a trade or business carried on by any
person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or
more of such proceeds or the facilities being financed with such proceeds being used with
respect to any output facility (other than a facility for the furnishing of water), within the
meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used
directly or indirectly to make or finance loans to any person other than a governmental unit, as
provided in Section 141(c) of the Code; provided, that if the City receives an opinion of
nationally recognized bond counsel that any such covenants need not be complied with to
prevent the interest on the Bonds from being includable in the gross income for federal income
tax purposes of the registered owners thereof under existing law, the City need not comply with
such covenants.
17. Post -Issuance Compliance. The Post Issuance Compliance Procedures
established as directed by resolution of the City Council adopted on March 13, 2012 will apply
to the Bonds to ensure that the proceeds of the Bonds and the projects financed or refinanced
with such proceeds are used in compliance with the provisions of federal tax law applicable to
tax-exempt governmental obligations.
18. Continuing Disclosure Agreement. The Mayor, the City Manager and such
officer or officers of the City as either may designate are hereby authorized and directed to
execute and deliver a continuing disclosure agreement setting forth the reports and notices to be
7
filed by the City and containing such covenants as may be necessary to assist the purchaser of
the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure
agreement shall be substantially in the form attached as an Appendix to the draft of the
Preliminary Official Statement described in Section 11 above, which form is approved with such
completions, omissions, insertions and changes that are not inconsistent with this Resolution.
19. Other Actions. All other actions of officers of the City and of the City Council
in conformity with the purposes and intent of this Resolution and in furtherance of the issuance
and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are
authorized and directed to execute and deliver all certificates and instruments and to take all such
further action as may be considered necessary or desirable in connection with the issuance, sale
and delivery of the Bonds.
20. Investment Authorization. The City Council hereby authorizes the Director of
Finance to direct the City Treasurer to utilize the State Non -Arbitrage Program of the
Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the
Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is
in the best interest of the City. The City Council acknowledges that the Treasury Board of the
Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection
with SNAP, except as otherwise provided in the SNAP Contract.
21. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in
conflict herewith are repealed.
22. Effective Date. This Resolution shall take effect immediately.
Exhibit A Form of Bond
8
Exhibit A — Form of Bond
Unless this certificate is presented by an authorized representative of The
Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for
registration of transfer, exchange or payment, and this certificate is registered in the name
of Cede & Co., or in such other name as is requested by an authorized representative of
DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an
authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE
HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL
inasmuch as the registered owner hereof, Cede & Co., has an interest herein.
REGISTERED
No
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
[General Obligation Public Improvement [Refunding] Bond
Series 2013
REGISTERED
INTEREST RATE MATURITY DATE DATED DATE CUSIP
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: DOLLARS
The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay,
upon surrender hereof to the registered owner hereof, or registered assigns or legal
representative, the Principal Amount stated above on the Maturity Date stated above, subject to
prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated
Date stated above on each and , beginning 1, 2013, at the annual
Interest Rate stated above, calculated on the basis of a 360 -day year of twelve 30 -day months.
Principal, premium, if any, and interest are payable in lawful money of the United States of
America by the City Treasurer, who has been appointed Registrar (the "Registrar"). The City
may appoint a qualified bank as successor paying agent and registrar for the bonds.
Notwithstanding any other provision hereof, this bond is subject to a book -entry system
maintained by The Depository Trust Company ("DTC"), and the payment of principal, premium,
if any, and interest, the providing of notices and other matters shall be made as described in the
City's Blanket Issuer Letter of Representations to DTC.
This bond is one of an issue of $ [General Obligation Public
Improvement [Refunding] Bonds, Series 2013 (the "Bonds"), of like date and tenor, except
as to number, denomination, rate of interest, privilege of redemption and maturity, and is issued
pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City
Charter and the Public Finance Act of 1991. The Bonds have been authorized by ordinances
adopted by the City Council of the City of Virginia Beach (the "City Council") on May 11, 2010
and May 8, 2012, and, [The Refunding Bonds] are being issued pursuant to a resolution adopted
by the City Council on March , 2013 (the "Bond Resolution"), to finance [various public,
school, road and highway, coastal, economic and tourism, building and parks and recreation
improvements,] [to refund $ of the City's General Obligation Bonds, Series
] and to pay costs of issuance of the Bonds.
The Bonds maturing on or before [ , 20], are not subject to optional redemption
prior to maturity. The Bonds maturing on or after [ , 20_], are subject to redemption
prior to maturity at the option of the City on or after [ , 20], in whole or in part at any
time (in any multiple of $5,000), upon payment of the following redemption prices (expressed as
a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid
to the date fixed for redemption:
Period During Which Redeemed
(Both Dates Inclusive)
Redemption Price
The Bonds maturing on , 20 , are required to be redeemed in part before
maturity by the City on , 20 in the years and amounts set forth below, at a
redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus
interest accrued and unpaid to the date fixed for redemption:
Year
Amount
Year
Amount
The Bond Resolution provides for a credit against the mandatory sinking fund
redemption of the Bonds maturing on , 20 in the amount of Bonds of the same
maturity that have been optionally redeemed or surrendered for cancellation and have not been
applied previously as such a credit.
If less than all of the Bonds are called for optional redemption, the maturities of the
Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may
be determined to be in the best interest of the City. If less than all the Bonds of a particular
maturity are called for redemption, the Bonds within such maturity to be redeemed shall be
selected by DTC or any successor securities depository pursuant to its rules and procedures or, if
the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as
the Registrar in its discretion may determine In either case, (a) the portion of any Bond to be
redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in
selecting Bonds for redemption, each Bond shall be considered as representing that number of
A-2
Bonds that is obtained by dividing the principal amount of such Bond by $5,000.
The City shall cause notice of the call for redemption identifying the Bonds or portions
thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or
overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date,
to DTC or its nominee as the registered owner hereof If a portion of this bond is called for
redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued
to the registered owner upon surrender hereof.
The full faith and credit of the City are irrevocably pledged for the payment of principal
of, premium, if any, and interest on this bond. Unless other funds are lawfully available and
appropriated for timely payment of this bond, the City Council shall levy and collect an annual
ad valorem tax, over and above all other taxes authorized or limited by law and without
limitation as to rate or amount, on all taxable property within the City sufficient to pay when due
the principal of, premium, if any, and interest on this bond.
The Registrar shall treat the registered owner of this bond as the person or entity
exclusively entitled to payment of principal of and interest on this bond and the exercise of all
other rights and powers of the owner, except that interest payments shall be made to the person
or entity shown as the owner on the registration books on the first day of the month preceding
each interest payment date.
In the event a date for the payment of principal, redemption price, or interest on this bond
is not a business day, then payment of principal, redemption price, and interest on, this bond
shall be made on the next succeeding day which is a business day, and if made on such next
succeeding business day, no additional interest shall accrue for the period after such payment or
redemption date.
All acts, conditions and things required by the Constitution and statutes of the
Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of
this bond have happened, exist and have been performed, and the issue of Bonds of which this
bond is one, together with all other indebtedness of the City, is within every debt and other limit
prescribed by the Constitution and statutes of the Commonwealth of Virginia.
A-3
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond
to be signed by its Mayor, to be countersigned by its Clerk, its seal to be affixed hereto, and this
bond to be dated the Dated Date stated above.
COUNTERSIGNED:
(SEAL)
Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia
A-4
ASSIGNMENT
FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s) unto:
(Please print or type name and address, including postal zip code, of Transferee)
PLEASE INSERT SOCIAL SECURITY OR OTHER
IDENTIFYING NUMBER OF TRANSFEREE:
the within bond and all rights thereunder, hereby irrevocably constituting and appointing
, Attorney, to
transfer said bond on the books kept for the registration thereof, with full power of substitution in
the premises.
Dated:
Signature Guaranteed:
NOTICE: Signature(s) must be
guaranteed by an Eligible Guarantor Institution
such as a Commercial Bank, Trust Company,
Securities Broker/Dealer, Credit Union or
Savings Association who is a member of a
medallion program approved by The Securities
Transfer Association, Inc.
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the registered
owner as it appears on the front of this bond in
every particular, without alteration or
enlargement or any change whatsoever.
A-5
Requires an affirmative vote by a majority of the members of the City Council.
Adopted by the City Council of the City of Virginia Beach, Virginia, this day of
March, 2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Ci atu-u a- 0 CatfilLev.
Finance Department
A-6
ITEM: An Ordinance Declaring 589 Sq. Ft. of City -owned Property Located Adjacent
to 708 Arctic Avenue and Lake HoIIy to be in Excess of the City's Needs and
Authorizing the Property to be Sold or Otherwise Conveyed to James R.
Flanagan, Jr. and Deborah J. Flanagan.
MEETING DATE: March 12, 2013 (deferred on February 26, 2013)
• Background: The City of Virginia Beach (the "City") owns Lake HoIIy (GPIN
2427-23-1690) ("City Property"). James R. Flanagan, Jr. and Deborah J.
Flanagan ("Flanagan") own property located at 708 Arctic Avenue (GPIN 2427-
13-7482) ("Flanagan Property").
On October 28, 1997, City Council declared approximately 1,163 sq. ft. of the
City Property located adjacent to the Flanagan Property in excess of the City's
needs and authorized its conveyance to Flanagan. The sale was never finalized.
In June 2012, Flanagan contacted City staff and requested that the sale be
finalized. During review of the October 28, 1997 Council action, it was
discovered that there was no notice of public hearing as required by state law,
thus rendering the October 28, 1997 Ordinance (ORD -97-2461E) void.
The City and Flanagan have now negotiated a land exchange, whereby the City
would convey to Flanagan approximately 589 sq. ft. of the City Property ("Parcel
One") in exchange for Flanagan conveying to the City approximately 96 sq. ft. of
the Flanagan Property ("Parcel Two"), plus paying the City the difference in the
value of the two parcels being exchanged.
Summary of Exchange:
• Parcel One to Flanagan / Value = $1,767.00
• Parcel Two to City / Value = $288.00
• Balance of consideration paid by Flanagan to City = $1,479.00
• Considerations: City staff has reviewed the proposed exchange and determined
that Parcel One is not needed for a public purpose and recommends it be
declared in excess of the City's needs and exchanged for Parcel Two, plus
$1,479.00.
• Public Information: Advertisement of City Council Agenda. Notice of a Public
Hearing was advertised in The Virginian -Pilot on February 17, 2013. A Public
Hearing was held on February 26, 2013. This item was deferred by City Council
on February 26, 2013.
• Recommendations: Approve the request and authorize the City Manager to
convey 589 sq. ft. of the City Property in exchange for 96 sq. ft. of the Flanagan
Property, plus the payment of $1,479.0 to the City.
• Attachments:
Ordinance, Summary of Terms, Location Map
Recommended Action: Approval
Submitting DepartmentlAgency: Public Works / Real Estate Phi
City Manager: !L , be
I
1 AN ORDINANCE DECLARING 589 SQ. FT. OF
2 CITY -OWNED PROPERTY LOCATED ADJACENT
3 TO 708 ARCTIC AVENUE AND LAKE HOLLY TO
4 BE IN EXCESS OF THE CITY'S NEEDS AND
5 AUTHORIZING THE PROPERTY TO BE SOLD OR
6 OTHERWISE CONVEYED TO JAMES R.
7 FLANAGAN, JR. AND DEBORAH J. FLANAGAN
8
9 WHEREAS, the City of Virginia Beach (the "City") owns Lake Holly (GPIN
10 2423-23-1690) ("City Property");
11
12 WHEREAS, James R. Flanagan, Jr. and Deborah J. Flanagan
13 ("Flanagan") own property located at 708 Arctic Avenue (GPIN 2427-13-7482)
14 ("Flanagan Property"), adjacent to Lake Holly;
15
16 WHEREAS, on October 28, 1997, City Council declared approximately
17 1,163 sq. ft. of City Property located adjacent to the Flanagan Property in excess of the
18 City's needs and authorized conveyance to Flanagan; however, the sale was not
19 finalized;
20
21 WHEREAS, in June 2012, Flanagan contacted City staff and requested that the
22 sale be finalized;
23
24 WHEREAS, during review of the 1997 Council action, it was discovered that
25 there was no notice of public hearing as required by law, rendering Ordinance ORD -97-
26 2461E void;
27
28 WHEREAS, the City and Flanagan have negotiated a land exchange whereby
29 the City would convey a 589 sq. ft. portion of the City Property to Flanagan, in exchange
30 for Flanagan conveying a 96 sq. ft. portion of the Flanagan Property to the City, plus
31 paying City the difference in the value of the two parcels being exchanged; and
32
33 WHEREAS, City Council is of the opinion that a 589 sq. ft. portion of the City
34 Property is in excess of the needs of the City, and that the exchange contemplated
35 herein is in the best interest of the City.
36
37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
38 VIRGINIA BEACH, VIRGINIA:
39
40 1. That 589 sq. ft. of the City Property (part of GPIN 2427-23-1690), located
41 adjacent to Lake Holly, is declared to be in excess of the needs of the City of Virginia
42 Beach.
43
44 2. That the City Manager is hereby authorized to convey the 589 sq. ft.
45 portion of City Property declared excess to Flanagan, in exchange for Flanagan
46 conveying 96 sq. ft. of the Flanagan property located at 708 Arctic Avenue (part of GPIN
47 2427-13-7482) to the City, and paying the City additional consideration as set forth in
48 the Summary of Terms, attached hereto as Exhibit A, and made a part hereof.
49
50 3. That the City Manager is hereby authorized to execute any and all
51 documents necessary to effect the exchange of property contemplated herein, inc
52 accordance with the Summary of Terms, and such other terms, conditions and
53 modifications as may be acceptable to the City Manager and in a form deemed
54 satisfactory by the City Attorney.
55
56 This ordinance shall be effective from the date of its adoption.
57
58 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
59 of , 2013.
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS
OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
qhn C -csc�,
clic Works / Real Estate
CA12432
&(/(a.
City Attorne
\\vbgov.com\DFS1 Applications\CityLawProd\cycom32\W pdocs\D024\P014\00054972.DOC
R-2
February 12, 2013
EXHIBIT A
SUMMARY OF TERMS
LAND SALE / EXCHANGE BETWEEN
THE CITY OF VIRGINIA BEACH ("CITY") AND
JAMES R. FLANAGAN, JR. & DEBORAH J. FLANAGAN ("FLANAGAN")
CITY PARCEL: Approximately 589 sq. ft. of property located adjacent to
708 Arctic Avenue and Lake Holly (Part of GPIN 2427-23-1690)
FLANAGAN
PARCEL:
VALUE OF
PROPERTY TO
BE EXCHANGED:
A portion of 708 Arctic Avenue (GPIN 2427-13-7482) containing
approximately 96 sq. ft.
City Parcel to Flanagan - $1,767.00 ($3.00 x 589 sq. ft.)
Flanagan Parcel to City - $288.00 ($3.00 x 96 sq. ft.)
ADDITIONAL
CONSIDERATION: Flanagan to pay City - $1,479.00 (the difference in value of the parcels
to be exchanged)
CONDITIONS
OF SALE / EXCHANGE:
• Flanagan shall, at Flanagan's sole expense, subdivide the property and vacate the
interior lot lines to incorporate the 589 sq. ft. into the existing property at 708
Arctic Avenue.
• Settlement to occur on or about 90 days from the date the Exchange Agreement is
fully executed by all parties.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City
right-of-way known as 34th Street and Atlantic Boulevard (City Greenbelt),
located at 3305 and 3317 Atlantic Avenue, for Gateway Towers Associates, LLC,
a Virginia limited liability company, BQTS, LLC, a Virginia limited liability
company and Gateway Investments, LLC, a Virginia limited liability company
MEETING DATE: March 12, 2013
• Background:
Gateway Towers Associates, LLC, BQTS, LLC and Gateway Investments, LLC
have requested permission to construct and maintain concrete paver walkways,
cantilevered balcony, low roof overhang, canopies, wall sconce lights,
landscaping and door swings in a portion of the City right-of-way known as 34th
Street and Atlantic Boulevard (City Greenbelt).
There are other encroachments in the City Greenbelt that are similar to this
encroachment.
• Considerations:
City staff has reviewed the requested encroachments and has recommended
approval of same, subject to certain conditions outlined in the Agreement. The
Resort Advisory Commission (RAC) Planning Design Review Committee briefed
the full RAC at its December meeting.
• Public Information:
Advertisement of City Council Agenda
• Alternatives:
Approve the encroachments as presented, deny the encroachments, or add
conditions as desired by Council.
• Recommendations:
Approve the request subject to the terms and conditions of the Agreement.
• Attachments:
Ordinance, Agreement, Plat, Pictures and Location Map
Recommended Action: Approval of the ordinance.
Submitting Department/Agency: Public Works/Real Estate
City Manager:
PRD
I
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF THE CITY
6 RIGHT-OF-WAY KNOWN AS 34TH
7 STREET AND ATLANTIC BOULEVARD
8 (CITY GREENBELT), LOCATED AT
9 3305 AND 3317 ATLANTIC AVENUE,
10 FOR GATEWAY TOWERS
11 ASSOCIATES, LLC, A VIRGINIA
12 LIMITED LIABILITY COMPANY, BQTS,
13 LLC, A VIRGINIA LIMITED LIABILITY
14 COMPANY AND GATEWAY
15 INVESTMENTS, LLC, A VIRGINIA
16 LIMITED LIABILITY COMPANY
17
18 WHEREAS, Gateway Towers Associates, LLC, BQTS, LLC and Gateway
19 Investments, LLC desires to construct and maintain concrete paver walkways,
20 cantilevered balcony, low roof overhang, canopies, wall sconce lights, landscaping and
21 door swings within the City right-of-way known as 34th Street and Atlantic Boulevard, in
22 the City of Virginia Beach, Virginia.
23
24 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
25 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
26 City's right-of-way subject to such terms and conditions as Council may prescribe.
27
28 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
29 VIRGINIA BEACH, VIRGINIA:
30 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
31 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Gateway Towers Associates,
32 BQTS, LLC and Gateway Investments, LLC its heirs, assigns and successors in title are
33 authorized to construct and maintain temporary encroachments for concrete paver
34 walkways, cantilevered balcony, low roof overhang, canopies, wall sconce lights,
35 landscaping and door swings, within the City's right-of-way as shown on the map
36 marked Exhibits "1.1 thru 1.5" and entitled: "34th Street Hilton Garden Inn
37 Encroachments into Right -of -Way 34th Street & Atlantic Boulevard Virginia Beach, VA,"
38 a copy of which is on file in the Department of Public Works and to which reference is
39 made for a more particular description; and
40
41 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
42 subject to those terms, conditions and criteria contained in the Agreement between the
43 City of Virginia Beach and Gateway Towers Associates, LLC, BQTS, LLC and Gateway
44 Investments, LLC (the "Agreement"), which is attached hereto and incorporated by
45 reference; and
46
1
47 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
48 hereby authorized to execute the Agreement; and
49
50 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
51 time as Gateway Towers Associates, LLC, BQTS, LLC and Gateway Investments, LLC
52 and the City Manager or his authorized designee execute the Agreement.
53
54 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
55 of , 2013.
CA -12415
R-1
PREPARED: 2/28/13
APPROVED AS TO CONTENTS
m7F� C• c,
BLIC WORKS, REAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
ARMEYER,
AS IS ANT CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEYS OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 28th day of February, 2013, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth
of Virginia, Grantor, "City", and GATEWAY TOWERS ASSOCIATES, LLC, a Virginia
limited liability company, BQTS, LLC, a Virginia limited liability company and GATEWAY
INVESTMENTS, LLC, a Virginia limited liability company, ITS ASSIGNS AND
SUCCESSORS IN TITLE, "Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 6A" as shown on that certain plat entitled:
"RESUBDIVISION OF LOTS 3, 4, 5, & 6 BLOCK 78 VIRGINIA BEACH DEVELOPMENT
COMPANY MAP NO. 3 M.B. 3 P. 176-177 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 20'
OCTOBER 10, 2012 SHEET 1 OF 2", and said plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia at Instrument #20130219000192870,
and being further designated, known, and described as 3305 and 3317 Atlantic Avenue,
Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain concrete
paver walkways, cantilevered balcony, low roof overhang, canopies, wall sconce lights,
landscaping and door swings, collectively, the "Temporary Encroachments", in the City of
Virginia Beach; and
GPIN: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED)
2428-03-5108-0000
WHEREAS, in constructing and maintaining the Temporary Encroachments,
it is necessary that the Grantee encroach into a portion of an existing City right-of-way
known as 34th Street and Atlantic Boulevard, (City Greenbelt), the "Encroachment Area";
and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachments within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the
City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachments.
It is expressly understood and agreed that the Temporary Encroachments
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications and
approval, and are more particularly described as follows, to wit:
Temporary Encroachments into the Encroachment Area as
shown on that certain exhibit plat entitled: "34th Street Hilton
Garden Inn Encroachments into Right -of -Way 34th Street &
Atlantic Boulevard Virginia Beach, VA," prepared by
GoldKey/PHR, said exhibit plat consists of five (5) sheets,
copies of which are attached hereto as Exhibits "1.1 thru 1.5,"
dated October 11, 2012, and to which reference is made for a
more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachments from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
2
1 II
It is further expressly understood and agreed that the Temporary
Encroachments herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachments must be
removed from the Encroachment Area by the Grantee; and that the Grantee will bear all
costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and against
all claims, damages, losses and expenses, including reasonable attorney's fees, in case it
shall be necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachments.
It is further expressly understood and agreed that nothing herein contained
shall be construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited extent
specified herein, nor to permit the maintenance and construction of any encroachment by
anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachments so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must submit
and have approved a traffic control plan before commencing work in the Encroachment
Area.
It is further expressly understood and agreed that the Grantee agrees that no
open cut of the public roadway will be allowed except under extreme circumstances.
Requests for exceptions must be submitted to the Highway Operations Division,
Department of Public Works, for final approval
3
It is further expressly understood and agreed that the Grantee must obtain a
building permit from the Civil Inspections Division of the Department of Planning prior to
commencing any construction within the Encroachment Area (the "Permit").
It is further expressly understood and agreed that prior to issuance of a right-
of-way/utility easement Permit, the Grantee must post a bond or other security, in the
amount of two times their engineer's cost estimate, to the Department of Planning to guard
against damage to City property or facilities during construction.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined
with the City listed as an additional insured. The company providing the insurance must
be registered to provide insurance in the Commonwealth of Virginia. The Grantee will
provide endorsements providing at least thirty (30) days written notice to the City prior to
the cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the construction, location, and/or existence of the Temporary Encroachments.
It is further expressly understood and agreed that the Temporary
Encroachments must conform to the minimum setback requirements, as established by the
City.
It is further expressly understood and agreed that the Grantee must submit
for review and approval, a survey of the Encroachment Area, certified by a registered
professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary
Encroachments sealed by a registered professional engineer, if required by either the
4
Department of Public Works City Engineer's Office or the Engineering Division of the
Department of Public Utilities.
It is further expressly understood and agreed that the City, upon revocation
of such authority and permission so granted, may remove the Temporary Encroachments
and charge the cost thereof to the Grantee, and collect the cost in any manner provided by
law for the collection of local or state taxes; may require the Grantee to remove the
Temporary Encroachments; and pending such removal, the City may charge the Grantee
for the use of the Encroachment Area, the equivalent of what would be the real property
tax upon the land so occupied if it were owned by the Grantee; and if such removal shall
not be made within the time ordered hereinabove by this Agreement, the City may impose
a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day
that the Temporary Encroachments are allowed to continue thereafter, and may collect
such compensation and penalties in any manner provided by law for the collection of local
or state taxes.
IN WITNESS WHEREOF, the said Gateway Towers Associates, LLC,
BQTS, LLC and Gateway Investments, LLC, the said Grantee, has caused this Agreement
to be executed in its name on its behalf by Robert M. Howard, with due authority to bind
said limited liability companies. Further, that the City of Virginia Beach has caused this
Agreement to be executed in its name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
2013, by , CITY
MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
2013, by , CITY
CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, on its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
GATEWAY TOWERS ASSOCIATES, LLC,
BQTS, LLC and
GATEWAY INVESTMENTS, LLC,
all Virginia limited liability companies
By `>
Robert M. Howard
Cfc (SEAL)
STATE OF11(1 Q
CITY/ COUNTY OF 1(\nick kach , to -wit:
The foregoing instrument was acknowledged before me this 9 gm day of
Feov,,aA))
, 2013, by Robert M. Howard.
Notary Registration Number: 12'iOU8
My Commission Expires:
g\sokko
APPROVED AS TO CONTENTS
P o R& &6 i.
DEPARTMENT
20300832v1
7
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Public
otary I 11(
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APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
DA EYER,
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Department of Human Services FY 2013 Request for 7.0 Additional FTEs for
Child Protective Services (CPS) Program
MEETING DATE: March 12, 2013
• Background: Over the past three (3) years, there has been increased focus
around Child Protective Services (CPS) program. The concerns have centered around
staffing levels and use of contract (temporary) staffing and have drawn intense media
and community focus during this period.
The State's 2012 Quality Management Review noted concerns with Virginia Beach
Department of Human Services' use of contract (temporary) staff as Child Protective
Services (CPS) Investigators, due to the level of significant decision making and risk
management that is inherent in the work. DHS' Management has worked with
Management Services and Human Resources departments to evaluate information
related to the program's workload and staffing levels to address concerns around
caseload size, use of contract (temporary) staffing and the turnover rate. Actions taken
to date to improve program operations include improved use of technology, training,
more efficient configuration of space, implementation of a standard staffing model that
includes the addition of Social Work Assistants FTEs; and ongoing consideration of how
to utilize the program's resources more efficiently, with increased focus on after-hours
response.
• Considerations: Using data available through a statewide workload measures
study completed by Hornsby Zeller & Associates, Child Protective Services (CPS) in
Virginia Beach needs 30 total staff to perform its functions. Currently there are 24
(City) FTEs and 7 contract (temporary) staff assigned to the program. While an initial
look would suggest that the program is adequately supported, continued analysis
indicates that the turnover rate, particularly among contract (temporary) staff, has
negatively impacted the program's ability to maximize the use of its resources. For
instance, it takes, at the very least, one year to train a new Child Protective Services
(CPS) Social Worker. Over the past 2.5 years, the average length of employment for a
contract (temporary) CPS employee is 11 months, which indicates that the program
realizes very little from its investment in these staff. With this level of turnover, building
of institutional knowledge is compromised, and the management of day to day work
assignments is always in flux. It is our firm belief that conversion to FTEs will add a
solid measure of stability to the Child Protective Services (CPS) program by minimizing
the disruption to the work and thus, improving use of existing resources.
The costs for minimum salary ($40,837) plus fringes ($15,457) for one Social Worker 1
FTE totals $56,294. Total annual costs for seven Social Worker 1 FTEs totals $394,058.
The cost for the remainder of FY 2012-13 is $98,515.
Of the $98,515 in cost for the remainder of the fiscal year, the Department will reduce
contracted manpower by $86,638. The remaining $11,877 will be covered by reduction
of other Departmental accounts and $1,247 in new revenue from the State.
■ Public Information: Public information will be provided through the normal
Council Agenda process.
■ Recommendations: It is recommended that City Council approve the staffing
request and appropriate $1,247 and transfer the amount of $97,268 within Department
of Human Services FY 2012-13 Operating Budget.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Department of Human Services
City Manager:
tko
1 AN ORDINANCE TO APPROPRIATE
2 FUNDS, TO TRANSFER FUNDS, AND TO
3 AUTHORIZE SEVEN FULL-TIME
4 POSITIONS IN THE CHILD PROTECTIVE
5 SERVICES PROGRAM
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 1. That $97,268 is hereby transferred within the Department of Human Services to
10 provide funding for additional positions in the Child Protective Services (CPS)
11 Program;
12
13 2. That $1,247 in state revenues are hereby appropriated, with estimated state
14 revenues increased accordingly, to the Department of Human Services;
15
16 3. That seven full-time positions are hereby authorized in the CPS Program of the
17 Department of Human Services;
18
19 4. The effective date of the full-time position authorization is April 1, 2013.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
, 2013.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Manageen Services At orr(ey's Office
CA12475
R-1
March 6, 2013
L. PLANNING
1. Application of ROVING AUTO, INC. and KRIST ENTERPRISES for Modification of Conditions re
motor vehicle sales and service to delete restrictions on the number of vehicles for sale; number and type of
pennants and streamers at 300 South Rosemont Road (approved on January 13, 2009)
(DISTRICT 6 - BEACH)
RECOMMENDATION: APPROVAL
2. Application of EVERGREEN VIRGINIA, LLC for Modification of Conditions re revisions to the
existing Site Layout and Building Plan for motor vehicle sales at 5193 Virginia Beach Boulevard (approved
on August 14, 2007)
(DISTRICT 2 — KEMPSVILLE)
RECOMMENDATION: APPROVAL
3. Application of VILLAGE BEND, LLC and VILLAGE BEND HOMEOWNERS ASSOCIATION,
INC. for Modification of Proffer # 9, of a Conditional Change of Zoning to DELETE the requirement that
the developer construct two neighborhood identification signs for the adjoining Newcastle neighborhood at
Dam Neck Road and Southcross Drive (approved November 25, 2008)
(DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION: APPROVAL
4. Application of BRENDA R. CORNWELL for a Conditional Use Permit re a Child Daycare with a
maximum of twelve (12) children at 1309 Boardwalk Way
(DISTRICT 6 — BEACH)
RECOMMENDATION: APPROVAL
5. Application of SANDRA MILLER for a Conditional Use Permit re a residential kennel for a maximum of
seven (7) dogs at 4088 Rainbow Drive
(DISTRICT 1 — CENTERVILLE)
RECOMMENDATION: DENIAL
6. Application of JOSEPH CASTILLO and EDDIE R. CREEKMORE, JR. for a Conditional Use Permit
re Motor Vehicle Repair at 128 Dorset Avenue
(DISTRICT 4 — BAYSIDE)
RECOMMENDATION: APPROVAL
7. Application of MATTHEW W. and KELLY H. TIFFANY for a Variance to §4.4(b) of the
Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning
Ordinance (CZO) at 3905 Richardson Road
(DISTRICT 4 — BAYSIDE)
RECOMMENDATION: APPROVAL
8. Application of CITY OF VIRGINIA BEACH, to AMEND and REORDAIN Section 5B.5 of the Site
Plan Ordinance Pertaining to Standards for Shoreline Stabilization and Maintenance projects in the
Floodplains, subject to Special Restrictions.
RECOMMENDATION: APPROVAL
NOTICE OF PUBLIC HEARING
The regular meeting of the City Council of the City of Virginia Beach will be held in
the Council Chamber of the City Hall Building, Municipal Center, 2401 Courthouse
Drive, Virginia Beach, Virginia, on Tuesday, March 12, 2013 at 6:00 PM, at which
time a Public Hearing to consider the following applications will be held:
BEACH DISTRICT
Roving Auto, Inc./Krist Enterprises Application: Modification of Conditions of a Use
Permit for motor vehicle sales and service approved by the City Council on January
13, 2009. The requested modification consists of deletion of conditions restricting
the number of vehicles for sale as well as the number and type of pennant,
streamers and similar at 300 S. Rosemont Road (GPIN 1487607775). Deferred on
December 12, 2012.
Brenda R. Cornwell Application: Conditional Use Permit for a child daycare with a
maximum of twelve (12) children at 1309 Boardwalk Way (GPIN 2415972649).
PRINCESS ANNE DISTRICT
Village Bend, LLC / VILLAGE BEND HOMEOWNERS ASSOCIATION, INC. Application:
Modification of Proffers of a Conditional Change of Zoning (approved November 25,
2008). Requested modification consists of deletion of Proffer # 9, which requires
the developer of Village Bend to construct two (2) neighborhood identification signs
for the adjoining Newcastle residential neighborhood at Dam Neck Road and
Southcross Drive (GPIN 1484167623).
CffY OF VIRGINIA BEACH
Ordinance to Amend and Reordain Section 58.5 of the Site Plan Ordinance
pertaining to standards for shoreline stabilization and maintenance projects in the
floodplains subject to special restrictions.
CENTERVILLE DISTRICT
Sandra Miller Application: Conditional Use Permit for a residential kennel for a
maximum of seven (7) dogs (a Use Permit is required for more than 4 dogs) at
4088 Rainbow Drive (GPIN 1475933966).
KEMPSVILLE DISTRICT
Evergreen Virginia, LLC Application: Modification of Conditions of a Conditional Use
Permit [motor vehicle sales] (approved by City Council on August 14, 2007). The
requested modification consists of revisions to the existing site layout and building
plan at 5193 Virginia Beach Boulevard (GPIN 1467762274).
BAYSIDE DISTRICT
Joseph Castillo/Eddie R. Creekmore, Jr. Application: Conditional Use Permit for
motor vehicle repair (heavy) at 128 Dorset Avenue (GPIN 1477041127).
Matthew W. and Kelly H. Tiffany Application: Variance to the Subdivision
Ordinance, Section 4.4 (d), which requires lots to have direct access to a public
street at 3905 Richardson Road (GPIN 1488158534).
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
DIDIZAww.vuczy_s_g.rj2Lac, 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 Feb. 24 & March 3, 2013 23462359
I
1
Item V -L2.
PUBLIC HEARING
PLANNING
-31-
ITEM # 45029
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED
Ordinance upon application ofMAHMOND SHEHADEH -ROSEMONTSHELL, INC for a Conditional
Use Permit
ORDINANCE UPON APPLICATION OF MAHOND SHEHADEH -
ROSEMONT SHELL, INC , FOR A CONDITIONAL USE PERMIT
R05992270
BE 17' HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Mahmond Shehadeh - Rosemont Shell Inc ,
fora Conditional Use Permit for an automobile service station (auto repair)
at the northeast corner of Rosemont Road and South Plaza Trial Sad
parcel is located at 300 South Rosemont Road and contains 31,851 square
feet DISTRICT 3 - ROSE HALL
The following conditions shall be required
1 The project shall be developed as depicted on the submitted site
plans and renderings presented to the City Council and on file in
the Planning Department
2 No outside storage vehicles or outside repair work shall be
permitted All vehicles scheduled forrepair mot be stored inside
the service bays when the repair facility is closed. No auto body
work is permitted
3. The Zoning Administrator has indicated that there are two non-
conforming free-standing signs located on the site The signs
shall be removed and replaced with a single free-4indeng`or
monument style sign with landscaping.
4 Additional plant material, to include low level shrubs and
annuals, shall be added to the existing grassed areas along the
road frontage Year round shrubs shall be included
5. There shall be no truck rental allowed
This Ordinance shall be effective in accordance with Section 107 (i9 of the Zoning Ordinance
Adopted by the Council ofthe City of Virginia Beach, Virginia, on the 71venty-R/th afMay. Nineteen Hundred
and Ninety -Nine
Voting. 10-0 (By Consent)
Council Members Voting Aye
Linwood 0 Branch, III, Margaret L Eure, William W Harrison, Jr,
Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E.
Oberndorf Nancy K Parker, Vice Mayor Wilham D Sessoms, Jr and A
M "Don" Weeks
Council Members Voting Nay
None
Council Members Absent:
Harold He schober
May 25, 1999
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: ROVING AUTO, INC. (Applicant) / KRIST ENTERPRISES (Owner), Modification of
Conditions of a Use Permit for motor vehicle sales and service approved by the City
Council on January 13, 2009. 300 S. Rosemont Road (GPIN 1487607775). Deferred on
December 12, 2012. BEACH DISTRICT.
MEETING DATE: March 12, 2013
• Background:
On September 25, 2012, the applicant submitted an application requesting a
Modification of the Conditions of a Use Permit for motor vehicle sales granted by the City
Council in 2009. Specifically, the applicant requested the deletion of Conditions 2 and 5.
The requested modification of Condition 2 consists of the deletion of the restriction of the
number of vehicles sold on the site, which the condition currently set at five. Condition 5
of the Use Permit prohibits use of "pennants, streamers, balloons, portable signs or
banners displayed on the site or the vehicles."
The site has been used for an automobile service station since the approval of a
Conditional Use Permit by the City Council for that use on May 25, 1999. When the
current business owner (the applicant) occupied the site, he requested modification of
one of the five conditions of the 1999 approval. Condition 3 of the 1999 Use Permit
required the removal of two nonconforming free-standing signs that were located on the
site and the installation of a single monument -style sign in lieu of the two removed signs.
In 2008, the applicant requested that Condition 3 be modified for the purpose of allowing
an electronic LED display for the face of the monument -style sign instead of the backlit,
static message, plastic sign face typically associated with such signs. On January 13,
2009, the City Council granted the applicant's request, subject to a number of standards
pertaining to the operation of the sign.
Three months after City Council's approval of the modification of the sign condition, the
applicant submitted an application requesting a Conditional Use Permit for motor vehicle
sales. The application submitted by the applicant explained that his request to add motor
vehicle sales as an additional use was driven by the need to sell any vehicle that the
applicant acquired from a customer who was unable to pay for the repair services
performed on his or her vehicle. The applicant's request to add motor vehicle sales was
granted by the City Council on July 14, 2009; however, the Planning Commission voted
to recommend approval of the request to the City Council only after the applicant agreed
to conditions of the Use Permit that addressed staff concerns with traffic access to and
from the site and Planning Commission concerns with the operation of electronic display
sign since its approval. Those concerns were specific to the manner by which the sign
changed images (moved, flashed, or speed of message turnover) and the messages
shown on the sign, as some advertised or promoted establishments, businesses, or
services not located or provided at the site (a billboard by definition of the Zoning
Ordinance).
Roving Auto
Page2of5
• Considerations:
There have been a series of violations of the Use Permit, and Zoning Inspectors have
worked with the applicant to correct the violations or, as necessary, cited the applicant
as being in violation of the conditions of the Use Permits. The majority of the issues
pertained to failure to meet specific conditions of the Use Permit, primarily consisting of
the condition for blocking access points to and from Rosemont Road, South Plaza Trail,
and Victoria Drive. On January 20, 2010, the primary Zoning Inspector working with the
applicant found upon inspection that the site was in compliance with the conditions of the
Use Permit. In May 2012, however, the applicant was found to be in violation of the
conditions regarding signage and the number of vehicles on the site. Condition 2 of the
Use Permit limits the applicant to five vehicles for sale, and those vehicles are required
to be parked for display in an area designated for such purpose adjacent to the
intersection of Victoria Drive and Rosemont Road. Condition 5 prohibits pennants,
streamers, balloons, portable signs, or banners displayed on the site or the vehicles. On
May 29, 2012, the Zoning Office sent the applicant a letter informing him of the following
violations:
1. Having more than 5 vehicles for sale;
2. Having temporary signs; and
3. The LED message [on the electronic display sign] is changing faster than 8 seconds.
The letter concludes with a notice to eliminate the violations within 30 days of the receipt
of the letter or to appeal the decision to the Board of Zoning Appeals. Subsequently, the
applicant submitted this application for a Modification of Conditions. pertaining to the
prohibited signs and number of vehicles for sale.
The applicant's request to delete Condition 5 of the Use Permit, which prohibits the
display of pennants, streamers, balloons, portable signs, or banners on the site or the
vehicles, cannot be supported. The condition is, as are some conditions recommended
by staff for various types of Use Permits, a reiteration of an existing Zoning Ordinance
regulation. The condition is part of the Use Permit for the purpose of making it clear to
the applicant that the specified action is not legal. Thus, even if Condition 5 was deleted,
the applicant would still be prohibited from display of pennants, streamers, balloons,
portable signs, or banners on the site or the vehicles since such are a violation of
Section 212 of the City Zoning Ordinance. The applicant may, and staff has informed the
applicant of this, use 'temporary signs of a commercial nature,' to announce special
events or promotions, subject to the regulations of Section 211(b)(2) of the Zoning
Ordinance. Such signs may be used "no more than thirty (30) days prior to the event or
function and must be removed within seven (7) days after the event or function." There
are additional regulations in 211(b)(2) regarding lighting, sign size, and placement on the
site or building that the applicant must adhere to.
The greatest concern of staff and the Planning Commission is the applicant's request to
delete the restriction on the number of vehicles that can be sold from the site. The sale
of an unlimited number of motor vehicles on the site in conjunction with the uses of
motor vehicle service and fuel sales results in an intensity of land use and activity on a
parcel that is insufficient in size to accommodate all of those uses. Moreover, in this
instance, the site was developed in the mid-1960s and is located in an established
I
Roving Auto
Page 3 of 5
residential neighborhood, making it difficult to buffer the neighborhood from the intensity
of activity on the site.
Thus, when this application was first heard by the Planning Commission at their January
9 public hearing, staff could not support the deletion of Condition 2 pertaining to the
elimination of the restriction on number of cars sold, and recommended denial of that
request. At that public hearing, the applicant agreed to a deferral at the request of the
Planning Commission for the purpose of additional discussion with staff and the
members of the Planning Commission from the Rose Hall and Beach Districts. A
meeting was held at the site on January 17, 2013, which included the applicant, staff,
and the two Planning Commissioners. During the meeting, understandings were reached
with the applicant pertaining to areas where motor vehicles for sale could be located,
landscaping, methods for closing access points as required by the prior Use Permit, and
parking for employees. Based on those discussions, staff and the Planning Commission
conclude that the following conditions provide a means by which the applicant can meet
his goals while also meeting the regulations of the Zoning Ordinance and the applicable
policies of the Comprehensive Plan.
There was opposition to the request.
• Recommendations:
The Planning Commission, passing a motion by a recorded vote of 6-3, recommends
approval of this request to the City Council with the following conditions:
1. Parking spaces for display of vehicles for sale, not to exceed 15 vehicles, shall be
limited to the areas labeled as "Vehicles for Sale" on the site plan entitled "Proposed
Site Modifications for Roving Auto," February 1, 2013. The vehicles shall be single -
parked, one vehicle in each space designated on the plan. Furthermore, the spaces
shown on the plan shall be designated on the surface of the lot by standard
pavement striping. Parking for customers, employees, and vehicles for repair shall
be in the areas designated as such on the plan.
2. No vehicles shall be parked within any portion of the public right-of-way, and no
vehicles shall be displayed on raised platforms, earthen berms, or any other
structure designed to display a vehicle higher than the elevation of the main parking
area.
3. Vehicles driven by employees of the applicant's business shall not be parked on
Victoria Drive or Waverly Drive.
4. Vehicles either waiting to be repaired or having been repaired shall not be parked on
Victoria Drive or Waverly Drive.
5. The existing site landscaping shall be supplemented at the intersection of Rosemont
Road and South Plaza Trail, the intersection of Rosemont Road and Victoria Drive,
along South Plaza Trail, and along the property lines in the northeast corner of the
site (further identified on the plan referenced in Condition 1). The applicant shall
meet with the staff landscape architect of the Department of Planning / Environment
and Sustainability Office for the purpose of developing a planting plan for those
areas. Said landscaping shall be installed by the applicant within six (6) months of
I
Roving Auto
Page 4 of 5
the date of City Council's approval of this Use Permit.
6. As indicated on the plan referenced in Condition 1, the use of the vehicular access
point on Victoria Drive, the westernmost vehicular access point on South Plaza Trail,
and the southernmost vehicular access point on Rosemont Road shall be prohibited.
A barrier shall be installed along the width of said access drives using a system of
landscape planters to be approved by the Zoning Administrator after consultation
with the staff landscape architect of the Department of Planning / Environment and
Sustainability Office. Said barrier planter system shall be installed by the applicant
within six (6) months of the date of City Council's approval of this Use Permit.
7. All landscaping installed on the site for the purpose of complying with these
conditions shall be maintained in healthy condition. If any plant dies, it shall be
replaced with the same species and size of the plant that died.
8. As provided for by Section 212 of the City Zoning Ordinance, there shall be no
pennants, streamers, balloons, portable signs or banners displayed on the site or the
vehicles.
9. Temporary signs of a commercial nature announcing grand openings or other special
events or promotions shall be permitted subject to the following as required by
Section 211(b)(1) and (2) of the Zoning Ordinance:
a. Such signs shall be displayed no more than three (3) times per year by any
business or establishment, nor for any period in excess of seven (7) days.
b. Such signs shall be located entirely upon the property and set back no Tess
than seven (7) feet from the property line;
c. Such signs shall have a maximum sign area of 32 square feet;
d. Such signs may be illuminated in accordance with the restrictions set forth in
Section 213 of the Zoning Ordinance;
e. If building -mounted, such signs shall be flat wall signs and shall not project
above the roofline; and
f. If freestanding, the height of any such sign shall be no more than 12 feet
above ground level.
10. The Recreational Vehicle (RV) located behind the building shall be removed from
the site within 90 days of the date of City Council's approval of this Use Permit.
11. All vehicle repairs shall be conducted inside the building. No outside storage of
vehicles in a state of obvious disrepair shall be permitted. If vehicles in this
condition require storage, then such vehicles shall be stored within the building.
12. There shall be no storage of tires, merchandise, or debris of any kind outside of the
building.
13. There shall be no truck rentals.
14. All outdoor lighting shall be shielded to direct light and glare onto the premises.
Said lighting and glare shall be deflected, shaded and focused away from adjoining
I
Roving Auto
Page 5of5
property.
15. The monument sign at the southwest corner of the site shall be substantially
consistent with the enhanced photo elevations of a light -emitting diode (LED) sign
on record with the Department of Planning as part of the January 29, 2009 Use
Permit. The following apply to said sign:
a. The sign shall not advertise or direct the attention of the general public to an
establishment, business, or service that is located on a separate site from the
subject zoning lot.
b. The sign shall include a light-sensitive photocell feature that will reduce and
increase the intensity of the LED output commensurate with the external
ambient light level (LED output reduction for night and cloudy conditions and
LED output increase for daytime sunny conditions).
c. No portion of the material displayed by the sign, including backgrounds,
colors, pictures, lettering, or other graphics, shall be changed more frequently
than once every 15 seconds. This shall not, however, prohibit a single
element on the message displayed during those 15 or fewer seconds from
limited movement (as in a butterfly or bouncing ball moving across the screen
during a static image message). Furthermore, this condition shall not prohibit
the transition between each 15 or fewer second message to utilize fade,
slide, swirl, or similar effects.
d. Video displays or audio speakers on, or electronically connected to, the sign
shall not be permitted.
■ Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: K_, CPA,
BEACH
111a G-7
Rovin Auto, Inc.
•Sp <cPreP0/1-2 Overlays
Modl/lcatlon o/ Condfions
REQUEST:
Modification of a Conditional Use Permit for motor vehicle
January 13, 2009).
ADDRESS / DESCRIPTION: 300 S. Rosemont Road
GPIN: ELECTION SITE SIZE:
14876077750000 DISTRICT: 30,754 square feet
BEACH
20
February 13, 2013 Public
Hearing
(Revised to reflect Planning
Commission Action on
2/13/2013)
APPLICANT:
ROVING AUTO
PROPERTY OWNER:
KRIST
ENTERPRISES
STAFF PLANNER: Stephen J. White
sales (approved by the City Council on
AICUZ:
The northwestern portion of the site is
located within the Less than 65 dB DNL
AICUZ. The southeastern portion of the
site is located within Sub -Area 3 of the 65
to 70 dB DNL AICUZ
APPLICATION HISTORY:
The application was deferred at the request of staff during the December 12, 2012 hearing to
provide additional time for staff and the applicant to discuss the zoning violations. After the
deferral, staff met with the applicant to discuss the various issues pertaining to the current
request and the failure of the applicant to meet the conditions of the prior approvals. During that
discussion, the applicant agreed to work on the violations, and agreed to immediately adjust the
programming of the electronic LED display sign to bring it into compliance with the conditions of
the Use Permit, and in particular to program the sign such that the images changed no more than
every 15 seconds (the applicant has made this change in the timing). On January 9, 2013, the
applicant agreed to a deferral at the request of the Planning Commission for the purpose of
additional discussion, including the members of the Planning Commission from the Rose Hall
and Beach Districts. A meeting was held at the site on January 17, 2013, which included the
applicant, staff, and the two Planning Commissioners. During the meeting, agreements were
reached with the applicant pertaining to the areas where motor vehicles for sale could be
located, landscaping, methods for closing access points as required by the prior Use Permit, and
ROVING AUTO
Agenda Item 20
Page 1
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•Sp <cPreP0/1-2 Overlays
Modl/lcatlon o/ Condfions
REQUEST:
Modification of a Conditional Use Permit for motor vehicle
January 13, 2009).
ADDRESS / DESCRIPTION: 300 S. Rosemont Road
GPIN: ELECTION SITE SIZE:
14876077750000 DISTRICT: 30,754 square feet
BEACH
20
February 13, 2013 Public
Hearing
(Revised to reflect Planning
Commission Action on
2/13/2013)
APPLICANT:
ROVING AUTO
PROPERTY OWNER:
KRIST
ENTERPRISES
STAFF PLANNER: Stephen J. White
sales (approved by the City Council on
AICUZ:
The northwestern portion of the site is
located within the Less than 65 dB DNL
AICUZ. The southeastern portion of the
site is located within Sub -Area 3 of the 65
to 70 dB DNL AICUZ
APPLICATION HISTORY:
The application was deferred at the request of staff during the December 12, 2012 hearing to
provide additional time for staff and the applicant to discuss the zoning violations. After the
deferral, staff met with the applicant to discuss the various issues pertaining to the current
request and the failure of the applicant to meet the conditions of the prior approvals. During that
discussion, the applicant agreed to work on the violations, and agreed to immediately adjust the
programming of the electronic LED display sign to bring it into compliance with the conditions of
the Use Permit, and in particular to program the sign such that the images changed no more than
every 15 seconds (the applicant has made this change in the timing). On January 9, 2013, the
applicant agreed to a deferral at the request of the Planning Commission for the purpose of
additional discussion, including the members of the Planning Commission from the Rose Hall
and Beach Districts. A meeting was held at the site on January 17, 2013, which included the
applicant, staff, and the two Planning Commissioners. During the meeting, agreements were
reached with the applicant pertaining to the areas where motor vehicles for sale could be
located, landscaping, methods for closing access points as required by the prior Use Permit, and
ROVING AUTO
Agenda Item 20
Page 1
parking for employees.
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests modification of Condition 2 and deletion of Condition 6 that were attached to a
Use Permit for motor vehicle sales requested by the applicant in 2009. The requested modification of
Condition 2 consists of the deletion of the restriction of the number of vehicles sold on the site, which the
condition currently set at five. Condition 6 of the Use Permit prohibits use of "pennants, streamers,
balloons, portable signs or banners displayed on the site or the vehicles." The applicant requests deletion
of this condition.
The site has been used for an automobile service station since the approval of a Conditional Use Permit
by the City Council for that use on May 25, 1999. There were five conditions of approval:
1. The project shall be developed as depicted on the submitted site plans and renderings presented
to the City Council and on file in the Planning Department.
2. No outside storage vehicles or outside repair work shall be permitted. All vehicles scheduled for
repair must be stored inside the service bays when the repair facility is closed. No auto body work
is permitted.
3. The Zoning Administrator has indicated that there are two non -conforming free-standing signs
located on the site. The signs shall be removed and replaced with a single monument style sign
with landscaping.
4. Additional plant material, to include low level shrubs and annuals, shall be added to the existing
grassed areas along the road frontage. Year around shrubs shall be included.
5. There shall be no truck rental allowed.
When the current business owner (the applicant) occupied the site, he requested modification of one of
the five conditions of the 1999 approval. Condition 3 of the 1999 Use Permit required the removal of two
nonconforming free-standing signs that were located on the site as well as allowing a single monument -
style sign in lieu of the two removed signs. In 2008, the applicant requested that Condition 3 be modified
for the purpose of allowing an electronic LED display for the face of the monument -style sign instead of
the backlit, static message, plastic sign face typically associated with such signs. On January 13, 2009,
the City Council granted the applicant's request. Condition 1 noted that all of the conditions of the 1999
Use Permit remained valid, except Condition 3, which was modified to allow an electronic display sign as
depicted on the submitted exhibits. The last condition of the Use Permit provided the standards of
operation for the electronic display:
a. The monument sign proposed to be installed at the southwest corner of the site shall be
substantially consistent with the submitted enhanced photo elevations of a light -emitting diode
(LED) sign. The sign shall not have video playback capabilities nor have any audio capabilities.
Said sign shall replace the existing sign at the same location, and shall be no higher than eight
(8) feet. A landscape plan for plantings around the base of the sign shall be submitted to the
Current Planning Division of the Department of Planning for approval.
ROVING AUTO
Agenda Item 20
Page 2
b. The LED sign shall not advertise any other businesses other than the one on which property the
sign is located.
c. The sign shall include a light-sensitive photocell feature that will reduce and increase the
intensity of the LED output commensurate with the external ambient light level (LED output
reduction for night and cloudy conditions and LED output increase for daytime sunny
conditions).
Three months after City Council's approval of the modification of the original Conditional Use Permit, the
applicant submitted an application requesting a Conditional Use Permit for motor vehicle sales. The
application submitted by the applicant explained that his request to add motor vehicle sales as an
additional use was driven by the need to sell any vehicle that the applicant acquired from a customer who
was unable to pay for the repair services performed on his or her vehicle. The applicant's request to add
motor vehicle sales was granted by the City Council on July 14, 2009; however, the Planning Commission
voted to recommend approval of the request to the City Council only after the applicant agreed to
conditions of the Use Permit that addressed staff concerns with traffic access to and from the site
(Condition 4, below) and Planning Commission concerns with the operation of electronic display sign
(Condition 10, below). The Planning Commission's concerns pertaining to the sign were specific to the
manner by which the sign changed images (moved, flashed, or speed of message turnover) and the
messages shown on the sign, as some advertised or promoted establishments, businesses, or services
not located or provided at the site (a billboard by definition of the Zoning Ordinance). The final conditions
of the Use Permit for motor vehicle sales, as approved by the City Council, are as follows:
1. All conditions attached to the Conditional Use Permit granted by City Council on May 25, 1999,
and the Modification of Conditions granted by City Council on January 13, 2009, shall remain in
effect.
2. Vehicles for sale shall be limited to five (5) vehicles in defined parking spaces to be determined
and located within an area designated for display within the paved parking lot. No vehicles shall
be parked within any portion of the public right-of-way. No vehicles shall be displayed on raised
platforms, earthen berms or any other structure designed to display a vehicle higher than the
elevation of the main parking area.
3. The landscaping shall be supplemented along Rosemont Road, South Plaza Trail and Victoria
Drive. The applicant shall request an inspection of the landscaping for approval by Planning
Department staff (Current Planning / Zoning) before a business license is issued to operate
automobile sales on the site.
4. The vehicular entrance on Victoria Drive, the westernmost access point on South Plaza Trail, the
southernmost access point on Rosemont Road, shall be closed. The applicant shall install curb
and gutter, landscaping and sidewalk to match existing.
5. There shall be no pennants, streamers, balloons, portable signs or banners displayed on the site
or the vehicles.
6. All containers shall be removed from the site. The applicant shall request an inspection of the
landscaping for approval by the Planning Department staff (Current Planning / Zoning) before a
business license is issued to operate automobile sales on the site.
7. All vehicle repairs shall be conducted inside the building. No outside storage of vehicles in a state
of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such
vehicles shall be stored within the building.
ROVING AUTO
Agenda Item 20
Page 3
8. There shall be no storage of tires, merchandise or debris of any kind outside of the building.
9. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and
glare shall be deflected, shaded and focused away from adjoining property.
10. The additional conditions of the May 25, 1999, Use Permit, as modified by City Council on
January 13, 2009, are deleted and replaced with the following:
a. The monument sign proposed to be installed at the southwest corner of the site shall be
substantially consistent with the submitted enhanced photo elevations of a light -emitting
diode (LED) sign. The sign shall not have video playback capabilities nor have any audio
capabilities. Said sign shall replace the existing sign at the same location and shall be no
higher than eight (8) feet. A landscape plan for plantings around the base of the sign shall be
submitted to the Current Planning Division of the Department of Planning for approval.
b. No such sign shall advertise or direct the attention of the general public to an establishment,
business or service that is located on a separate site from the zoning lot on which the sign is
located.
c. The sign shall include a light-sensitive photocell feature that will reduce and increase the
intensity of the LED output commensurate with the external ambient light level (LED output
reduction for night and cloudy conditions and LED output increase for daytime sunny
conditions).
d. No portion of the material displayed by any such sign, including backgrounds, colors,
pictures, lettering, pictures or other graphics, shall be changed more frequently than once
every eight (8) seconds. This shall not, however, prohibit a single element on any static
image from movement (as in a butterfly or bouncing ball moving across the screen during a
static image message).
e. Video displays or audio speakers on, or electronically connected to, such signs shall not be
permitted.
After the January 13, 2009 approval of the Use Permit, a series of violations of the Use Permit have
occurred, and Zoning Inspectors have worked with the applicant to correct the violations or, as necessary,
cited the applicant as being in violation of the conditions of the Use Permits. The majority of the issues
pertained to failure to meet specific conditions of the Use Permit, primarily consisting of the condition for
blocking access points to and from Rosemont Road, South Plaza Trail, and Victoria Drive. On January
20, 2010, the principal Zoning Inspector working with the applicant found upon inspection that the site
was in compliance with the conditions of the Use Permit. In May 2012, the applicant was found to be in
violation of the July 2009 Use Permit in regard to signage and the number of vehicles on the site.
Condition 2 of the Use Permit limits the applicant to five vehicles for sale, and those vehicles are required
to be parked for display in an area designated for such purpose adjacent to the intersection of Victoria
Drive and Rosemont Road. Condition 5 prohibits pennants, streamers, balloons, portable signs, or
banners displayed on the site or the vehicles. On May 29, 2012, the Zoning Office sent the applicant a
letter informing him of the following violations:
1. Having more than 5 vehicles for sale;
2. Having temporary signs; and
3. The LED message [on the electronic display sign] is changing faster than 8 seconds.
The letter concludes with a notice to eliminate the violations within 30 days of the receipt of the letter or to
appeal the decision to the Board of Zoning Appeals.
ROVING AUTO
Agenda Item 20
Page 4
Subsequently, the applicant submitted this application to request modification of the conditions pertaining
to the prohibited signs and number of vehicles for sale.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: motor vehicle sales, service, and fuel sales.
SURROUNDING LAND North: • Victoria Drive
USE AND ZONING: • Single -Family Residential / R-7.5 Residential District
South: • South Plaza Trail
• Retail -Pharmacy / B-2 Community Business District
East: • Small retail strip / B-2 Community Business District
West: • South Rosemont Road
• Retail / B-2 Community Business District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The majority of the site is impervious, as it is developed with a structure
and paved parking area. There are no known significant natural
resources or cultural features on this site.
COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in the Suburban Area, just
south of Strategic Growth Area (SGA) 5, Rosemont. As such, this segment of Rosemont Road can be
considered a gateway into the SGA, and this intersection, a gateway into the Plaza Neighborhood; therefore,
some consideration should be given to the recommendations of the Rosemont SGA Master Plan.
The Special Area Development Guidelines, part of the Comprehensive Plan's Reference Handbook
Document, includes design recommendations for the Suburban Areas. These design principles are tailored for
this area and should be implemented, as appropriate, to improve the quality of our physical environment. In
particular, commercial buildings should be generally oriented toward the front of the lot within a well
landscaped green area while locating the parking and loading areas to the rear of the lot. Signs in all
nonresidential areas should be clearly legible to both motorists and pedestrians. Oversized or overly elaborate
signs competing for attention or which create visual clutter are discouraged. To minimize traffic conflicts,
entrances and exists to a development should be consolidated to the greatest extent possible and located a
sufficient distance away from street intersections (B-7 thru 13).
CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP):
S. Rosemont Road is a four -lane minor urban arterial roadway designated in the MTP Major Street Network
Ultimate Rights -of -Way to be improved to a six -lane divided arterial with a 165 -foot wide right-of-way. There
are no CIP projects for Rosemont Road. S. Plaza Trail is a two-lane minor suburban arterial roadway. The
ROVING AUTO
Agenda Item 20
Page 5
MTP Major Street Network Ultimate Rights -of -Way designates it with an ultimate four -lane typical section.
Victoria Drive is a two-lane local street that is not identified in the MTP.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
S. Rosemont Road
32,800 ADT 1
(2012)
22,800 ADT 1(Level of
Service "D") — 27,400
ADT 1 (Level of Service
"E)
Existing Land Use `-1,369
ADT
(102 morning peak hour trips /
118 evening park hour trips)
Proposed Land Use —
1,415 ADT
(108 morning peak hour trips /
123 evening park hour trips)
S. Plaza Trail
8,800 ADT 1
(2011)
13,600 ADT 1(Level of
Service "C") —15,000
ADT 1 (Level of Service
"D„)
'Average Daily Trips
2 as defined by 2,000 SF auto repair center with eight fuel pumps and restricted inventory auto sales.
3 as defined by 2,000 SF auto repair center with eight fuel pumps and unrestricted inventory auto sales.
Traffic Engineering Comments: Rosemont Road is over capacity and experiences congestion on a daily
basis. In the City's 2011 ranking of intersections by volume -to -capacity ratio (a measurement of congestion),
the Rosemont Road and South Plaza Trail intersection was 32nd out of 363 signalized intersections. Vehicles
stopped in traffic routinely block both of the site's entrances, especially during the evening peak period. Any
additional site traffic due to an increased intensity of use, such as adding regular auto sales, would exacerbate
these congestion issues.
Currently the site is permitted a maximum of five vehicles on-site as its inventory of vehicles for sale.
Removing this limitation would allow the inventory to take up more of the site's space, which would limit the
space available for customer parking and on-site maneuvering. Reduced parking and waiting space, as well as
restricted on-site maneuvering could obstruct vehicles attempting to enter the site, resulting in stacking of
vehicles onto either South Plaza Trail or Rosemont Road.
WATER AND SEWER: The site is connected to City water and sewer services. There will be no impact as a
result of this request.
EVALUATION AND RECOMMENDATION
The submitted application to remove the limitation on the number of vehicles permitted on the lot and to
delete the prohibition of the display of pennants, streamers, balloons, portable signs or banners on the
site is not consistent with the Comprehensive Plan's policies regarding preserving neighborhood quality
and is in direct conflict with the Special Area Development Guidelines recommendation regarding
commercial parking areas and signs located in suburban areas. The fact that this site is located just south
of the Rosemont SGA, and thus, is within the gateway of that SGA reinforces the importance of the
appearance of this area.
The applicant's request to delete Condition 5 of the Use Permit, which prohibits the display of pennants,
streamers, balloons, portable signs, or banners on the site or the vehicles, cannot be supported. The
condition is, as are some conditions recommended by staff for various types of Use Permits, a reiteration
of an existing Zoning Ordinance regulation. The condition is part of the Use Permit for the purpose of
making it clear to the applicant that the specified action is not legal. Thus, even if the commission was to
ROVING AUTO
Agenda Item 20
Page 6
delete Condition 5, the applicant would still be prohibited from display of pennants, streamers, balloons,
portable signs, or banners on the site or the vehicles since such are a violation of Section 212 of the City
Zoning Ordinance. The applicant may, and staff has informed the applicant of this, use 'temporary signs
of a commercial nature,' to announce special events or promotions, subject to the regulations of Section
211(b)(2) of the Zoning Ordinance. Such signs may be used "no more than thirty (30) days prior to the
event or function and must be removed within seven (7) days after the event or function." There are
additional regulations in 211(b)(2) regarding lighting, sign size, and placement on the site or building that
the applicant must adhere to.
Upon the submission of the applicant's original application for Modification of a Use Permit, staffs
greatest concern was the request to delete the restriction on the number of vehicles that can be sold from
the site. The sale of an unlimited number of motor vehicles on the site in conjunction with its permitted
use of motor vehicle service and fuel sales results in an intensity of land use and activity on a parcel that
is insufficient in size to accommodate the traditional uses plus an unlimited number of cars for sale.
Moreover, in this instance, the site was developed in the mid-1960s and is located in an established
residential neighborhood, making it difficult to buffer the neighborhood from the intensity of activity on the
site. Thus, at the January public hearing, staff could not support the deletion of Condition 2 pertaining to
the elimination of the restriction on number of cars sold, and recommended denial of that request. At the
January 2013 public hearing, the applicant agreed to a deferral at the request of the Planning
Commission for the purpose of additional discussion with staff and the members of the Planning
Commission from the Rose Hall and Beach Districts. A meeting was held at the subject site on January
17, 2013, which included the applicant, staff, and the two Planning Commissioners. During the meeting,
understandings were reached with the applicant pertaining to areas where motor vehicles for sale could
be located, landscaping, methods for closing access points as required by the prior Use Permit, and
parking for employees. Based on those discussions, staff finds that there is a way by which the applicant
can meet his goals while also meeting the regulations of the Zoning Ordinance and the applicable
regulations of the Comprehensive Plan. Accordingly, staff supports the following action, which the
applicant is agreeable to.
Modification of the 2009 Use Permit is recommended for approval subject to a comprehensive set of
conditions that are appropriate to the current use, addresses the outstanding zoning violations, and meets
the desire of the applicant to increase the number of vehicles displayed and sold on the property.
CONDITIONS
The conditions of the Use Permit, as last modified by the City Council on January 13, 2009, are deleted
and replaced with the following:
1. Parking spaces for display of vehicles for sale, not to exceed 15 vehicles, shall be limited to
the areas labeled as "Vehicles for Sale" on the site plan entitled "Proposed Site Modifications
for Roving Auto," February 1, 2013. The vehicles shall be single -parked, one vehicle in each
space designated on the plan. Furthermore, the spaces shown on the plan shall be
designated on the surface of the lot by standard pavement striping. Parking for customers,
employees, and vehicles for repair shall be in the areas designated as such on the plan.
2. No vehicles shall be parked within any portion of the public right-of-way, and no vehicles shall
be displayed on raised platforms, earthen berms, or any other structure designed to display a
vehicle higher than the elevation of the main parking area.
3. Vehicles driven by employees of the applicant's business shall not be parked on Victoria
Drive or Waverly Drive.
ROVING AUTO
Agenda Item 20
Page 7
4. Vehicles either waiting to be repaired or having been repaired shall not be parked on Victoria
Drive or Waverly Drive.
5. The existing site landscaping shall be supplemented at the intersection of Rosemont Road
and South Plaza Trail, the intersection of Rosemont Road and Victoria Drive, along South
Plaza Trail, and along the property lines in the northeast corner of the site (further identified
on the plan referenced in Condition 1). The applicant shall meet with the staff landscape
architect of the Department of Planning / Environment and Sustainability Office for the
purpose of developing a planting plan for those areas. Said landscaping shall be installed by
the applicant within six (6) months of the date of City Council's approval of this Use Permit.
6. As indicated on the plan referenced in Condition 1, the use of the vehicular access point on
Victoria Drive, the westernmost vehicular access point on South Plaza Trail, and the
southernmost vehicular access point on Rosemont Road shall be prohibited. A barrier shall
be installed along the width of said access drives using a system of landscape planters to be
approved by the Zoning Administrator after consultation with the staff landscape architect of
the Department of Planning / Environment and Sustainability Office. Said barrier planter
system shall be installed by the applicant within six (6) months of the date of City Council's
approval of this Use Permit.
7. All landscaping installed on the site for the purpose of complying with these conditions shall
be maintained in healthy condition. If any plant dies, it shall be replaced with the same
species and size of the plant that died.
8. As provided for by Section 212 of the City Zoning Ordinance, there shall be no pennants,
streamers, balloons, portable signs or banners displayed on the site or the vehicles.
9. Temporary signs of a commercial nature announcing grand openings or other special events
or promotions shall be permitted subject to the following as required by Section 211(b)(1) and
(2) of the Zoning Ordinance:
a. Such signs shall be displayed no more than three (3) times per year by any business
or establishment, nor for any period in excess of seven (7) days.
b. Such signs shall be located entirely upon the property and set back no less than
seven (7) feet from the property line;
c. Such signs shall have a maximum sign area of 32 square feet;
d. Such signs may be illuminated in accordance with the restrictions set forth in Section
213 of the Zoning Ordinance;
e. If building-mounted, such signs shall be flat wall signs and shall not project above the
roofline; and
f. If freestanding, the height of any such sign shall be no more than 12 feet above
ground level.
10. The Recreational Vehicle (RV) located behind the building shall be removed from the site
within 90 days of the date of City Council's approval of this Use Permit.
11. All vehicle repairs shall be conducted inside the building. No outside storage of vehicles in a
state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then
such vehicles shall be stored within the building.
12. There shall be no storage of tires, merchandise or debris of any kind outside of the building.
ROVING AUTO
Agenda Item 20
Page 8
13. There shall be no truck rentals.
14. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting
and glare shall be deflected, shaded and focused away from adjoining property.
15. The monument sign at the southwest corner of the site shall be substantially consistent with
the enhanced photo elevations of a light -emitting diode (LED) sign on record with the
Department of Planning as part of the January 29, 2009 Use Permit. The following apply to
said sign:
a. The sign shall not advertise or direct the attention of the general public to an
establishment, business, or service that is located on a separate site from the subject
zoning lot.
b. The sign shall include a light-sensitive photocell feature that will reduce and increase
the intensity of the LED output commensurate with the external ambient light level
(LED output reduction for night and cloudy conditions and LED output increase for
daytime sunny conditions).
c. No portion of the material displayed by the sign, including backgrounds, colors,
pictures, lettering, or other graphics, shall be changed more frequently than once
every 15 seconds. This shall not, however, prohibit a single element on the message
displayed during those 15 or fewer seconds from limited movement (as in a butterfly
or bouncing ball moving across the screen during a static image message).
Furthermore, this condition shall not prohibit the transition between each 15 or fewer
second message to utilize fade, slide, swirl, or similar effects.
d. Video displays or audio speakers on, or electronically connected to, the sign shall not
be permitted.
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.
ROVING AUTO
Agenda Item 20
Page 9
AERIAL OF SITE LOCATION
ROVING AUTO
Agenda Item 20
Page 10
Vehicles for Sale
VICTORIA
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February 1, 2013 Proposed Site Modifications for Roving Auto
PROPOSED SITE LAYOUT
AND IMPROVEMENTS
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PHOTO OF SITE (7/27/12)
ROVING AUTO
Agenda Item 20
Page 12
PHOTO OF SITE (7/27/12)
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ROVING AUTO
Agenda Item 20
Page 13
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PHOTO OF SITE (7/27/12)
ROVING AUTO
Agenda Item 20
Page 14
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DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
13,0.J.ALA -7,41 4- kre.Es,oi:'.-')-c fi-•=''10v't _-U7-1
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
IJ 4
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)
o xe, /.1-tEL lc_ rc.\S rw, t_tt-_
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.
1
& 2 See next page for footnotes
jimmyDoes an official or em loyee of theCity of Virginia Beach have an interest in the
subject land? Yes No
1 1 If yes, what is the name of the official or employee and the nature of their interest?
Modification of Conditions Application
DISCLOSURE STATEMENT
ROVING AUTO
Agenda Item 20
Page 15
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
1 Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
Applicant's Signature
c,
net's Signature
(if different than applicant)
(44•4-4,2_.A R. Z ; >-41_
Print Name
/ et Name
Modification of Conditions Application
171
1=4-4
DISCLOSURE STATEMENT
ROVING AUTO
Agenda Item 20
Page 16
Item #20
Roving Auto
Modification of a Conditional Use Permit
300 S. Rosemont Road
District 6
Beach
February 13, 2013
REGULAR
An application of Roving Auto for a Modification of a Conditional Use Permit for motor
vehicle sales (approved by City Council on January 13, 2009 on property located at 300
S. Rosemont Road, District 6, Beach. GPIN: 14876077750000.
CONDITIONS
The conditions of the Use Permit, as last modified by the City Council on January 13,
2009, are deleted and replaced with the following:
1. Parking spaces for display of vehicles for sale, not to exceed 15 vehicles, shall be
limited to the areas labeled as "Vehicles for Sale" on the site plan entitled "Proposed
Site Modifications for Roving Auto," February 1, 2013. The vehicles shall be single -
parked, one vehicle in each space designated on the plan. Furthermore, the spaces
shown on the plan shall be designated on the surface of the lot by standard
pavement striping. Parking for customers, employees, and vehicles for repair shall
be in the areas designated as such on the plan.
2. No vehicles shall be parked within any portion of the public right-of-way, and no
vehicles shall be displayed on raised platforms, earthen berms, or any other
structure designed to display a vehicle higher than the elevation of the main parking
area.
3. Vehicles driven by employees of the applicant's business shall not be parked on
Victoria Drive or Waverly Drive.
4. Vehicles either waiting to be repaired or having been repaired shall not be parked
on Victoria Drive or Waverly Drive.
5. The existing site landscaping shall be supplemented at the intersection of Rosemont
Road and South Plaza Trail, the intersection of Rosemont Road and Victoria Drive,
along South Plaza Trail, and along the property lines in the northeast corner of the
site (further identified on the plan referenced in Condition 1). The applicant shall
meet with the staff landscape architect of the Department of Planning / Environment
and Sustainability Office for the purpose of developing a planting plan for those
areas. Said landscaping shall be installed by the applicant within six (6) months of
the date of City Council's approval of this Use Permit.
6. As indicated on the plan referenced in Condition 1, the use of the vehicular access
point on Victoria Drive, the westernmost vehicular access point on South Plaza Trail,
and the southernmost vehicular access point on Rosemont Road shall be prohibited.
I
Item #20
Roving Auto
Page 2
A barrier shall be installed along the width of said access drives using a system of
landscape planters to be approved by the Zoning Administrator after consultation
with the staff landscape architect of the Department of Planning / Environment and
Sustainability Office. Said barrier planter system shall be installed by the applicant
within six (6) months of the date of City Council's approval of this Use Permit.
7. All landscaping installed on the site for the purpose of complying with these
conditions shall be maintained in healthy condition. If any plant dies, it shall be
replaced with the same species and size of the plant that died.
8. As provided for by Section 212 of the City Zoning Ordinance, there shall be no
pennants, streamers, balloons, portable signs or banners displayed on the site or the
vehicles.
9. Temporary signs of a commercial nature announcing grand openings or other
special events or promotions shall be permitted subject to the following as required
by Section 211(b)(1) and (2) of the Zoning Ordinance:
a. Such signs shall be displayed no more than three (3) times per year by any
business or establishment, nor for any period in excess of seven (7) days.
b. Such signs shall be located entirely upon the property and set back no Tess than
seven (7) feet from the property line;
c. Such signs shall have a maximum sign area of 32 square feet;
d. Such signs may be illuminated in accordance with the restrictions set forth in
Section 213 of the Zoning Ordinance;
e. If building -mounted, such signs shall be flat wall signs and shall not project
above the roofline; and
f. If freestanding, the height of any such sign shall be no more than 12 feet above
ground level.
10. The Recreational Vehicle (RV) located behind the building shall be removed from
the site within 90 days of the date of City Council's approval of this Use Permit.
11. All vehicle repairs shall be conducted inside the building. No outside storage of
vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition
require storage, then such vehicles shall be stored within the building.
12. There shall be no storage of tires, merchandise or debris of any kind outside of the
building.
13. There shall be no truck rentals.
14. All outdoor lighting shall be shielded to direct light and glare onto the premises.
Said lighting and glare shall be deflected, shaded and focused away from adjoining
property.
I
Item #20
Roving Auto
Page 3
15. The monument sign at the southwest corner of the site shall be substantially
consistent with the enhanced photo elevations of a Tight -emitting diode (LED) sign on
record with the Department of Planning as part of the January 29, 2009 Use Permit.
The following apply to said sign:
a. The sign shall not advertise or direct the attention of the general public to an
establishment, business, or service that is located on a separate site from the
subject zoning lot.
b. The sign shall include a light-sensitive photocell feature that will reduce and
increase the intensity of the LED output commensurate with the external
ambient light level (LED output reduction for night and cloudy conditions and
LED output increase for daytime sunny conditions).
c. No portion of the material displayed by the sign, including backgrounds, colors,
pictures, lettering, or other graphics, shall be changed more frequently than
once every 15 seconds. This shall not, however, prohibit a single element on
the message displayed during those 15 or fewer seconds from limited
movement (as in a butterfly or bouncing ball moving across the screen during a
static image message). Furthermore, this condition shall not prohibit the
transition between each 15 or fewer second message to utilize fade, slide,
swirl, or similar effects.
d. Video displays or audio speakers on, or electronically connected to, the sign
shall not be permitted.
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 6 NAY 3 ABS 0 ABSENT 2
BERNAS
FELTON AYE
HENLEY AYE
NAY
Item #20
Roving Auto
Page 4
HODGSON AYE
HORSLEY AYE
LIVAS
REDMOND
RIPLEY
RUCINSKI AYE
RUSSO
THORNTON AYE
NAY
NAY
ABSENT
ABSENT
By a vote of 6-3, the Commission approved item 20.
Howard Tabor, the applicant appeared before the Commission.
R. Elms appeared in opposition.
approximately 600 feet south
Boulevard (GPINS
14676621650000;
14676692260000). DISTRICT 2 —
of Virginia Beach
14676612940000;
14676610690000;
KEMPSVILLE
These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning
Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eight of March
Two Thousand Five
Voting:
8-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Mayor Meyera E.
Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Vice Mayor Louis R. Jones and Richard A. Maddox
March 8, 2005
11 I
PLANNING ITEM #53689
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City
Council ADOPTED Ordinances upon application of SNYDER FAMILY TRUST for a
Conditional Change of Zoning and MODIFIED, Conditional Use Permit to incorporate
three (3) rezoned parcels into whole project (approved by City Council October 23,
2001):
ORDINANCE UPON APPLICATION OF SNYDER
FAMILY TRUST FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-7.5 TO
CONDITIONAL 8-2 Z03051218
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon Application of Snyder Family Trust for
a Change of Zoning District Classification from R-7.5
Residential District to Conditional B-2 Community
Business District on property located on the east side
of Clearfield Avenue, approximately 600 feet south of
Virginia Beach Boulevard (GPiNS 14676612940000;
14676621650000; 14676610690000). The
Comprehensive Plan designates this site as part of
Strategic Growth Area 3 — Newtown Area, suitable for
office and light industrial uses. The purpose of the
rezoning is to expand an existing automobile sales and
repair facility. DISTRICT 2 — KEMPSVILLE
The following condition shall be required:
1. An agreement encompassing proffers shall be
recorded with the Clerk of Circuit Court.
ORDINANCE UPON APPLICATION OF SNYDER
FAMILY TRUST FOR A MODIFICATION OF
CONDITIONS FOR A CONDITIONAL USE PERMIT
APPROVED BY CITY COUNCIL ON OCTOBER 23,
2001 R030531236
BE IT HEREBY ORDAINED• BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon Application of Snyder Family Trust for
a Modification of Conditions for a Conditional Use
Permit approved by City Council on October 23, 2001
on property located at 5225 Virginia Beach Boulevard
and on the east side of Clearfield Avenue,
Modification of Conditions
I
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: EVERGREEN VIRGINIA, LLC (Applicant & Owner), Modification of Conditions of a
Conditional Use Permit (motor vehicle sales), approved by City Council on August 14,
2007. 5193 Virginia Beach Boulevard (GPIN 1467762274). KEMPSVILLE DISTRICT.
MEETING DATE: March 12, 2013
• Background:
A Conditional Use Permit permitting motor vehicle sales on this site was approved by the
City Council on August 14, 2007. That Conditional Use Permit has ten conditions, which
are listed in the attached report. The applicant is requesting a Modification of Conditions
to provide the opportunity to use the site and building for an automobile brand (Mini)
different from the previous brand (SmartCar).
• Considerations:
With the change in the automobile make, a 1,200 square -foot customer receiving drive-
thru service area will be built on the east side of the existing building. The addition will
match the existing dark colored masonry on the building. Existing parking will be
reduced from 76 spaces to 71 spaces due to the proposed addition. Employee parking
will be at the rear of the building. Automobile inventory will be in the fenced/gated area at
the rear of the site. The ingress/egress location will remain unchanged.
Conditions 1 and 2 of the 2007 Use Permit pertain to the site plan and building
elevations. These conditions are requested for modification because the site plan and
elevations will be revised to accommodate a building addition for the new automobile
dealership.
There was no opposition to the request.
• Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a motion by
a recorded vote of 9-0, to recommend approval of this request to the City Council with
the following conditions:
1. All conditions with the exception of Numbers 1 and 2 attached to the Conditional Use
Permit granted by the City Council on August 14, 2007 remain in effect.
2. Condition Number 1 of the August 14, 2007 Conditional Use Permit is deleted and
replaced with the following:
The site and landscaping shall be developed in substantial conformance
with the submitted site plan entitled "SITE PLAN NEW DEALERSHIP
FOR CHECKERED FLAG MINI" prepared by Hurt & Proffitt, Inc., Sheet
C4.0 dated 10/08/2012. Said plan has been exhibited to the Virginia
Evergreen Virginia, LLC
Page 2 of 2
Beach City Council and is on file with the Virginia Beach Planning
Department.
3. Condition Number 2 of the August 14, 2007 Conditional Use Permit is deleted and
replaced with the following:
The proposed building shall be constructed substantially in accordance with the
submitted site elevation entitled "PROPOSED BUILDING ELEVATION", not
dated. Said elevations have been exhibited to the Virginia Beach City Council
and are on file with the Virginia Beach Planning Department.
■ 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 Departmentti
City Manager:
\2.
KEMPSVILLE
Dlup I)-6
. z._. w.. Cow/miens MwMro. O...
Spec. P.wnwa. or POW/ overlay,
Modification of Conditions
11
February 13, 2013 Public Hearing
APPLICANT& PROPERTY OWNER:
EVERGREEN
VIRGINIA, LLC
STAFF PLANNER: Karen Prochilo
REQUEST:
Modification of a Conditional Use Permit for motor vehicle sales approved by the City Council on August 14,
2007.
ADDRESS / DESCRIPTION:
GPIN:
14677622740000
4
5193 Virginia Beach Blvd
ELECTION DISTRICT: SITE SIZE: AICUZ:
KEMPSVILLE 59,892 square feet Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The Conditional Use Permit permitting motor vehicle sales was approved by the City Council on August
14, 2007. This Conditional Use Permit has ten conditions, which are listed at the end of this report.
The existing site and the building were designed for a particular automobile franchise. The applicant
intends to now use the site for another automobile franchise, which is currently located 200 feet to the
west. The motor vehicle sales use remains the same, only the automobile make will be different. With the
change in the automobile make, a 1,200 square -foot customer receiving drive-thru service area will be
built on the east side of the existing building. The addition will match the existing dark colored masonry
on the building.
Existing parking will be reduced from 76 spaces to 71 spaces due to the proposed addition. Employee
parking will be at the rear of the building. Automobile inventory will be in the fenced/gated area at the rear
of the site. The ingress/egress location will remain unchanged.
Conditions 1 and 2 discuss the site plan and building elevations. These conditions are requested for
modification because the site plan and elevations will be revised to accommodate a building addition for
the new automobile dealership.
EVERGREEN VIRGINIA, ,LLC
Agenda Item 11
Page 1
Currently Conditions 1 and 2 of the 2007 Conditional Use Permit reads as follows:
Condition 1:
The site and landscaping shall be developed in substantial conformance with the submitted
site plan entitled "Checkered Flag Smart Car Site Conditional Use Permit" prepared by
Landmark Design Group, dated 5/18/07 and last revised May 21, 2007. Said plan has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning
Department.
Condition 2:
The proposed building shall be constructed substantially in accordance with the submitted
site elevations. Said elevations have been exhibited to the Virginia Beach City Council and
are on file with the Virginia Beach Planning Department.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: motor vehicle sales
SURROUNDING LAND North:
USE AND ZONING:
South:
East:
West:
1'
• Virginia Beach Boulevard
• Automobile service & sales / B-2 Community Business District
• Retail / B-2 Community Business District
• Furniture store / B-2 Community Business District
• Kennel & veterinary clinic / R-10 Residential District
NATURAL RESOURCE AND
CULTURAL FEATURES: The majority of the site is developed.
COMPREHENSIVE PLAN: This area of the City designated as Urban Area — Pembroke Strategic Growth
Area 4 (Pembroke SGA 4). The Pembroke SGA 4 Implementation Plan further identifies this area as the
Western Campus District, intended to be a mid to low-rise academic village and service district. The Western
Campus District is envisioned as a campus environment that will provide educational -related activities,
service-oriented businesses and a creative arts incubator (p. 36). The planning principles are reinforced by
Special Area Development Guidelines for Urban Areas which address site and building design.
4
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach
Boulevard in the vicinity of this application is considered an eight -lane divided major urban arterial. The
Master Transportation Plan (MTP) proposes an eight -lane facility within a 155 foot right-of-way. There are no
roadway Capital Improvement Program projects slated for this area. Currently, this segment of roadway is
EVERGREEN VIRGINIA, LC
Agenda Item 11
Page 2
I
functioning under capacity at a LOS C.
The one existing access point onto Virginia Beach Boulevard will remain unchanged.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Virginia Beach
Boulevard
33,607 ADT 1
34,940 ADT 1(Level of
Service "C")
56,240 ADT 1 (Level of
Service "D") / Capacity
64,260 ADT 1 (Level of
Service "E")
Existing Land Use `—
284 ADT
Proposed Land Use 3—
326 ADT
20 AM Peak Hour Vehicle
25 PM Peak Hour Vehicle
'Average Daily Trips
2 as defined by new car sales - 8,532 SF
3as defined by new car sales - 9,777 SF
WATER and SEWER: This site connects to City water and City sanitary sewer.
4
EVALUATION AND RECOMMENDATION
The Central Business District Association Design Review Committee reviewed the application and
deemed the request compliant with the desired design for this area. The Modification of Conditions for a
motor vehicle dealership with an addition of approximately 1,200 square feet is also consistent with the
land use policies of the Comprehensive Plan for the Pembroke SGA's Western Campus District, which
encourage service-oriented businesses. The building addition will be in keeping with the design, color
and building materials of the existing structure.
The following are the Current Conditions in entirety.
Condition 1:
The site and landscaping shall be developed in substantial conformance with the submitted site
plan entitled "Checkered Flag Smart Car Site Conditional Use Permit" prepared by Landmark
Design Group, dated 5/18/07 and last revised May 21, 2007. Said plan has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Planning Department.
Condition 2:
The proposed building shall be constructed substantially in accordance with the submitted site
elevations. Said elevations have been exhibited to the Virginia Beach City Council and are on file
with the Virginia Beach Planning Department.
Condition 3:
Only one entrance shall be allowed for this lot on Virginia Beach Boulevard. The second entrance
off of Virginia Beach Boulevard shall be eliminated. The remaining entrance on Virginia Beach
Boulevard shall meet all current City of Virginia Beach Public Works standards.
EVERGREEN VIRGINIA; 1 LC
Agenda Item 11
Page 3
Condition 4:
All required parking spaces shall be remarked (painted) clearly on the site, including installing the
required handicapped spaces in accordance with the Americans with Disabilities Act (ADA)
regulations.
Condition 5:
The proposed landscaping shall be in substantial conformance with the submitted preliminary site
plan, reference in Condition 1. All landscaping shall meet or exceed the minimum requirements of
the City's Zoning and Site Plan Ordinances.
Condition 6:
The applicant shall submit a photometric plan for any exterior lighting for review and approval.
Condition 7:
All signs shall be in conformance with the Zoning Ordinance in regards to signage regulations.
Condition 8:
No outside storage of parts, equipment or vehicles wrecked or in a state of obvious disrepair shall
be permitted. If vehicles in this condition require storage such vehicles shall be stored within the
building.
Condition 9:
All automotive repair work shall be conducted inside the building.
Condition 10:
No outside paging shall be permitted.
Staff recommends approval of this requested modification, as conditioned below.
CONDITIONS
1. All conditions with the exception of Number s1 and 2 attached to the Conditional Use Permit granted
by the City Council on August 14, 2007 remain in effect.
2. Condition Number 1 of the August 14, 2007 Conditional Use Permit is deleted and replaced with the
following:
The site and landscaping shall be developed in substantial conformance with the
submitted site plan entitled "SITE PLAN NEW DEALERSHIP FOR CHECKERED FLAG
MINI" prepared by Hurt & Proffitt, Inc., Sheet C4.0 dated 10/08/2012. Said plan has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Planning Department.
3. Condition Number 2 of the August 14, 2007 Conditional Use Permit is deleted and replaced with the
following:
The proposed building shall be constructed substantially in accordance with the
submitted site elevation entitled "PROPOSED BUILDING ELEVATION", not dated. Said
elevations have been exhibited to the Virginia Beach City Council and are on file with the
Virginia Beach Planning Department.
EVERGREEN VIRGINIA,1LC
Agenda Item 11
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 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.
EVERGREEN VIRGINIA, LLC
Agenda Item 11
Pane 5
AERIAL OF SITE LOCATION
EVERGREEN VIRGINIA, LLC
Agenda Item 11
Page 6
SITE PLAN
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EVERGREEN VIRGINIA, LLC
Agenda Item 11
Page 7
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EVERGREEN VIRGINIA, LLC
Agenda Item 11
Page 8
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EVERGREEN VIRGINIA, LLC
Agenda Item 11
Page 9
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EVERGREEN VIRGINIA, LLC
Agenda Item 11
Page 10
11 1
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PHOTOGRAPH OF AREA WHERE ADDITION WILL BE CONSTRUCTED
EVERGREEN VIRGINIA, LLC
Agenda Item 11
Page 11
KEMPSVILLE
Alai) D-6
Ma. Not to Scale
Evergreen Virginia, LLC
' Zoning with Conditions:Proffers. Open
Space Promotion or PDH -2 Overlays
Modification of Conditions
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
08/14/2007
Conditional Use Permit (Motor vehicle sales & service)
Approved
2
10/10/2000
Conditional Use Permit (Motor vehicle sales)
Approved
05/23/1988
Conditional Use Permit (Motor vehicle sales & repair)
Approved
3
10/13/1992
Conditional Use Permit (communications tower)
Approved
4
06/09/1998
Conditional Use Permit (communications tower)
Approved
5
01/14/1997
Conditional Use Permit (communications tower)
Approved
6
02/01/2000
Conditional Use Permit (communications tower)
Approved
-ti
EVERGREEN VIRGINIA, LLC
Agenda Item 11
Page 12
cz)
rI
O
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)
Checkered Flag Motor Car Company, Inc., Edward 6. Snyder, Jean M. Snyder, Steve M. Snyder,
Frederick W. Kirschbaum
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
NIA
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)
Evergreen Virginia, LLC.; Steve M. Snyder - Manager
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
N/A -
Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1 & 2 See next page for footnotes
Does an official or ejloyee of the City of Virginia Beach have an interest in the
subject land? Yes L I No ri
If yes, what is the name of the official or employee and the nature of their interest?
Modification of Conditions Application
Page 10 of 11
Revised 7/3107
DISCLOSURE STATEMENT
EVERGREEN VIRGINIA; LLC
Agenda Item 11
Page 13
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)
Ant w►-ca`c-eua,at tejc.s.— Ly t &. etS1.'.y j A % A
hpactratssa uv esSrdviaei-s—11va-s 2 AAQiirst,thcs70ueAStw p*4.4,PE-
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 Govemment Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship.' means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: 1 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
. f-e/ohei i
Print Mame
711, Slyeke-
gnature (if different than applicant) Print Name
Modification of Conditions Application
Page 11 of 11
Revised 7/3/2007
DISCLOSURE STATEMENT
EVERGREEN VIRGINIA, LLC
Agenda Item 11
Page 14
Item #11
Evergreen Virginia, L.L.C.
Modification of a Conditional Use Permit
5193 Virginia Beach Boulevard
District 2
Kempsville
February 13, 2013
CONSENT
An application of Evergreen Virginia, L.L.C. for a Modification of a Conditional Use
Permit for motor vehicle sales approved by City Council on August 14, 2007 on property
located at 5193 Virginia Beach Boulevard, District 2, Kempsville. GPIN:
14677622740000.
CONDITIONS
1. All conditions with the exception of Numbers 1 and 2 attached to the Conditional Use
Permit granted by the City Council on August 14, 2007 remain in effect.
2. Condition Number 1 of the August 14, 2007 Conditional Use Permit is deleted and
replaced with the following:
The site and landscaping shall be developed in substantial conformance with the
submitted site plan entitled "SITE PLAN NEW DEALERSHIP FOR CHECKERED
FLAG MINI" prepared by Hurt & Proffitt, Inc., Sheet C4.0 dated 10/08/2012. Said
plan has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Planning Department.
3. Condition Number 2 of the August 14, 2007 Conditional Use Permit is deleted and
replaced with the following:
The proposed building shall be constructed substantially in accordance with
the submitted site elevation entitled "PROPOSED BUILDING ELEVATION",
not dated. Said elevations have been exhibited to the Virginia Beach City
Council and are on file with the Virginia Beach Planning Department
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.
it I
Item #11
Evergreen Virginia, L.L.C.
Page 2
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 9 NAY 0 ABS 0 ABSENT 2
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS ABSENT
REDMOND AYE
RIPLEY ABSENT
RUCINSKI AYE
THORNTON AYE
By a vote of 9-0, the Commission approved item 11 by consent.
Bruce Simmons appeared before the Commission on behalf of the applicant.
- 42 -
V -L.5.
PLANNING ITEM #56775 (Continued)
A MOTION was made by Council Lady Wilson, seconded by Councilman Villanueva to DEFER for two
(2) weeks, the Ordinance upon application VILLAGE BEND, L.L.C. for a Conditional Change of
Zoning District Classification from R-15 Residential District and AG -1 Agricultural District to
Conditional A-12
Upon SUBSTITUTE MOTION by Council Lady Henley, seconded by Councilman Diezel, City Council
DENIED the Ordinance upon application VILLAGE BEND, L.L.C. for a Conditional Change of
Zoning District Classification
ORDINANCE UPON APPLICATION OF VILLAGE BEND, L.L.C. FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-15
RESIDENTIAL DISTRICT AND AG -1 AGRICULTURAL DISTRICT TO
CONDITIONAL A-12
Ordinance upon Application of Village Bend, L.L.C. for a Change of
Zoning District Classification from R-15 Residential District and AG -1
Agricultural District to Conditional A-12 Apartment District with a PD -
H2 Planned Development Housing District Overlay on property located
on the south side of Dam Neck Road, approximately 170 feet east of
Southcross Drive (GPIN 1484166408 — part of). AICUZ is Less than 65
dB Ldn. DISTRICT 7 — PRINCESS ANNE
Voting: 8-3
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R.
Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron
A. Villanueva,
Council Members Voting Nay:
William R. "Bill" DeSteph, Rosemary Wilson and James L. Wood
Council Members Absent:
None
Item V -L6.
August 28, 2007
illaoe Bend, LL
C
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: VILLAGE BEND, LLC (Applicant) / VILLAGE BEND HOMEOWNERS ASSOCIATION,
INC. (Owner), Modification of Proffers of a Conditional Change of Zoning (approved
November 25, 2008). Southside of Dam Neck Road, east of Southcross Drive (GPIN
1484167623). PRINCESS ANNE DISTRICT.
MEETING DATE: March 12, 2013
• Background:
The Conditional Rezoning from R-15 Residential District to R-7.5 Residential District was
approved by the City Council on November 25, 2008. City Council granted a modification
to the Conditional Rezoning on January 24, 2012. The modified Conditional Rezoning
has 12 proffers, which are listed in the attached report.
Proffer 9 requires the installation of brick monument -style entry signs for the neighboring
Newcastle subdivision. The applicant is requesting that this proffer be deleted because
the Newcastle subdivision is not able to provide a certificate of insurance that is required
by the City of Virginia Beach. Without the liability insurance, new entrance signs cannot
be built.
• Considerations:
Currently, Proffer 9 of the 2012 modified Conditional Rezoning reads as follows:
"When the Property is developed, the party of the first part, as a condition of
final subdivision approval, shall install brick monument style entry
identification signs on both the north and the south sides of Dam Neck
Road at its intersection with Southcross Drive, substantially as exhibited on
the elevation entitled "Newcastle Entrance Sign Elevation — Dam Neck
Road" which has been exhibited to the Virginia Beach City Council and is
on file with the Virginia Beach Department of Planning ("Newcastle Entry
Signs"). The party of the first part shall install landscaping around these two
(2) new Newcastle Entry Signs. The party of the first part shall also install
new rust -resistant metal "NEWCASTLE" lettering on the existing entry
feature sign on the east side of Salem Road at its intersection with Whitley
Abbey Drive."
Due to the fact that the Newcastle community is not able to provide the necessary
certificate of insurance, the applicant and the residents of the Newcastle community
have agreed to not move forward with the construction of these signs; however, since
the signs are required by the proffer, a modification of the proffer agreement is
necessary. The request to remove the proffer requiring the installation of entrance signs
for the Newcastle community will not affect any of the proffered provisions for the Village
Bend development.
Village Bend, LLC
Page 2 of 2
The applicant, residents of the adjacent neighborhood, and the City worked together in
an attempt to get a reduction in the cost of the liability insurance for the construction of
the sign, but it was still cost prohibitive for the Newcastle's civic league.
There was no opposition to the request.
• Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a motion by
a recorded vote of 9-0, to recommend approval of this request to the City Council with
the following proffers:
PROFFER 1:
Proffer numbered 9 as set forth in the 2008 Proffers is deleted.
PROFFER 2:
Except for the deletion of Proffer numbered 9 as contained in the 2008 Proffers, the remaining
eleven (11) proffered covenants, restrictions and conditions as set forth in the "2008" Proffers" and
the previously modified proffers as contained in the "First Amendment to the Proffers" are hereby
ratified and affirmed.
• 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 Manage
PRINCESS ANNE
1\ lup, F-11
pgap ,n S w
Village Bend, LLC
9
February 13, 2013 Public Hearing
APPLICANT:
VILLAGE BEND,
LLC
PROPERTY OWNER:
VILLAGE BEND
HOMEOWNERS
ASSOCIATION,
INC.
STAFF PLANNER: Karen Prochilo
REQUEST:
Modification of Conditional Change of Zoning approved by the City Council on November 25, 2008 and
modified on January 24, 2012.
ADDRESS / DESCRIPTION: Southside of Dam Neck Road at intersection with Patience Place
GPIN:
14841676230000
ELECTION DISTRICT: SITE SIZE: AICUZ:
PRINCESS ANNE 12,000 square feet Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The Conditional Rezoning from R-15 Residential District to R-7.5 Residential District was approved by the
City Council on November 25, 2008. City Council granted a modification to the Conditional Rezoning on
January 24, 2012. The modified Conditional Rezoning has 12 proffers, which are listed at the end of this
report.
Proffer 9 requires the installation of brick monument style entry signs for the neighboring Newcastle
subdivision. The applicant is requesting that this proffer be deleted because the Newcastle subdivision is
not able to provide a certificate of insurance that is required by the City of Virginia Beach. Without the
liability insurance, new entrance signs cannot be built.
Currently Proffer 9 of the 2012 modified Conditional Rezoning reads as follows:
"When the Property is developed, the party of the first part, as a condition of final subdivision
approval, shall install brick monument style entry identification signs on both the north and
VILLAGE BEND, LLC
Agenda Item 9
Page 1
the south sides of Dam Neck Road at its intersection with Southcross Drive, substantially as
exhibited on the elevation entitled "Newcastle Entrance Sign Elevation — Dam Neck Road"
which has been exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning ("Newcastle Entry Signs"). The party of the first part shall
install landscaping around these two (2) new Newcastle Entry Signs. The party of the first
part shall also install new rust -resistant metal "NEWCASTLE" lettering on the existing entry
feature sign on the east side of Salem Road at its intersection with Whitley Abbey Drive."
The applicant and the residents of the Newcastle subdivision have agreed to not move forward with the
construction of these signs; however, since the signs are required by the proffer, a modification of the
proffer agreement is necessary.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Residential development currently under construction
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
0'
• Dam Neck Road
• Single-family dwellings & New Castle Elementary School / R-
7.5 Residential District & AG -1 Agricultural District
• Church & rural residential / R-15 Residential District
• City of Virginia Beach General Services, Parks & Recreation
offices and proposed baseball fields / AG -1 Agricultural District
• Single-family dwellings / R-15 Residential District
Currently a portion of the site is under construction for a single-family
residential development. The site was once fallow farm field. A portion
of the western side of the site is wooded. There are no known significant
natural resources or cultural features associated with the site.
COMPREHENSIVE PLAN: This area of the City is designated as part of the Suburban Area. The overriding
objective of the Suburban Area policies is to protect the predominantly suburban character defined by the
stable neighborhoods of our community. The goal of preserving neighborhood quality requires all new
development proposals to either maintain or enhance the existing neighborhood through compatibility with
surroundings and effective buffering between adjoining residential and non-residential uses. All new uses are
to be compatible in type, size, and intensity to the existing area (pp. 3-1 to 3-2).
IMPACT ON CITY SERVICES
There are no impacts to City services from the deletion of the Newcastle neighborhood entrance signs from
the proffer agreement.
VILLAGE BEND, LLC
Agenda Item 9
Page 2
EVALUATION AND RECOMMENDATION
This residential development proposal was previously approved, and then modified once to allow a
redesign that resulting in a reduction in the number of building lots. This current request to remove Proffer
numbered 9 (as shown below for clarification) for construction of entrance signs for the adjacent
neighborhood does not impact the subject residential development.
The following are the Current Proffers in entirety.
PROFFER 1:
When the Property is developed, it shall be developed substantially as shown on the "CONCEPTUAL SITE
PLAN" entitled "VILLAGE BEND CITY OF VIRGINIA BEACH" dated November 21, 2007, as revised,
prepared by Clark Nexsen, a copy of which has been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning (hereinafter, the "Site Plan").
PROFFER 2:
When the Property is developed, the entrance to Village Bend shall be from Dam Neck Road with the
landscape berm and landscape plantings, entrance signage and water feature substantially as depicted on
the detail plan entitled "Village Bend Preliminary Streetscape Screening and Sign Exhibit" dated November
30, 2007, prepared by Clark Nexsen, a copy of which has been exhibited to the Virginia Beach City Council
and is on file with the Virginia Beach Department of Planning (the "Landscaping Plan").
PROFFER 3:
When the Property is developed, it shall be subdivided into no more than one hundred three (103) single
family residential building lots. The homes will be built on a crawlspace or a minimum 12" elevated solid
foundation (i.e. slab) with a front brick skirt. Two-story homes shall be constructed with a minimum of 2300
square feet of enclosed heated living area and one-story homes shall be constructed with a minimum of
2100 square feet of enclosed heated living area. Each home shall have a two (2) car garage (minimum
dimensions 18' x 18') and corresponding driveway. The architectural designs and building materials utilized
shall be substantially as exhibited on the pictures labeled "Home Styles at Village Bend" which have been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning
(the "Pictures"). When constructed, each home shall have, at a minimum, 25 year architectural shingles,
maintenance free vinyl soffits and sodded front yards.
PROFFER 4:
When the property is developed, the party of the first part shall record a Declaration submitting the Lots and
all the Property outside the public rights of way to a mandatory membership Property Owners' Association
which shall be responsible for maintaining the park, playground equipment, all open spaces, common areas,
vegetated buffer easement, landscaping, entrance feature and other improvements on the Property as
depicted on the Site Plans. The Declaration shall also include a Deed Restriction which precludes further
subdivision of the Property to create any additional residential building lots in excess of one hundred and
three (103).
PROFFER 5:
When the Property is developed, the party of the first part shall install $60,000.00 of playground equipment
in the "Pocket Park" utilizing equipment approved for and/or utilized by the Virginia Beach Department of
Parks and Recreation. The Pocket Park and equipment shall be maintained by the Homeowners'
Association.
VILLAGE BEND, LLC
Agenda Item 9
Page 3
I
PROFFER 6:
The party of the first part shall prepare and submit for review and approval by the Director of the Department
of Planning, prior to final subdivision approval, a tree retention and restoration plan for the twenty-five foot
(25') Vegetated Buffer Easement along the western boundary of the property. The Vegetated Buffer
Easement shall be dedicated to the Homeowners' Association and it shall mandate preservation and
retention of a buffer of evergreen and deciduous trees, along with other native vegetation within the area of
the easement.
PROFFER 7:
When the Property is developed, the party of the first part shall improve the Dam Neck Road and Southcross
Drive public right-of-ways by installing the following as specified by the Grantee:
(a) A left turn lane for westbound Dam Neck Road traffic turning onto Southcross Drive southbound.
(b) A left turn lane for eastbound Dam Neck Road traffic turning onto Southcross Drive northbound.
(c) Widening of Southcross Drive (both sides) at its intersection with Dam Neck Road to
accommodate two (2) lanes of traffic exiting the residential neighborhoods onto Dam Neck
Road.
PROFFER 8:
When the Property is developed, the party of the first part, as a condition of final subdivision approval, shall
pay the sum of $30,000 to the Grantee's Parks and Recreation Capital Improvement Program Account
#4.024 which funds shall be used to acquire and install recreation equipment and improvements in the
Newcastle Neighborhood Park (City owned park) at the southwest corner of the intersection of Southcross
Drive and Middleham Drive. If the proffered monies are not used by the Grantee anytime in the next five (5)
years for the purpose for which they are proffered, then any funds paid and unused may be used by the
Grantee for any other public purpose.
PROFFER 9:
PROFFER 40 9:
The party of the first part shall modify and relocate the "30' EASEMENT FOR FUTURE PEDESTRIAN
ACCESS" between Lots 27 and 28 as depicted on the "CONCEPTUAL SUBDIVISION PLAN" entitled
"VILLAGE BEND CITY OF VIRGINIA BEACH" dated November 21, 2007, to reduce the easement width to
twenty-five feet (25') and relocate the easement between Lots designated 23 and 24 on the Subdivision
Plan.
PROFFER 1410:
When the Property is developed, the party of the first part, as a condition of final subdivision approval, shall
install a street light in the Newcastle Subdivision, within the southern -most portion of the Southcross Court
public right-of-way at its eastern terminus.
PROFFER 1-211:
Further conditions may be required by the Grantee during detailed Subdivision and/or Site Plan review and
administration of applicable City Codes by all cognizant City agencies and departments to meet all
VILLAGE BEND;:leic
Agenda Item 9
Page 4
applicable City Code requirements.
The applicant, residents of the adjacent neighborhood, and the City worked together in an attempt to get
a reduction in the cost of the liability insurance for the construction of the sign, but it was still cost
prohibitive for the adjacent neighborhood's civic league to pay. This requested deletion of Proffer 9 does
not affect the surrounding land uses.
Staff recommends approval of this request with the modified proffers submitted 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:
Proffer numbered 9 as set forth in the 2008 Proffers is deleted.
PROFFER 2:
Except for the deletion of Proffer numbered 9 as contained in the 2008 Proffers, the remaining eleven (11)
proffered covenants, restrictions and conditions as set forth in the "2008" Proffers" and the previously
modified proffers as contained in the "First Amendment to the Proffers" are hereby ratified and affirmed.
STAFF COMMENTS: The proffers listed above are acceptable, as they only result in the deletion of the
proffer pertaining to the sign. The deletion of the proffer does not affect the proffers tied to the development
of the Village Bend neighborhood.
The City Attorney's Office has reviewed the modified proffer agreement dated November 20, 2012, 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 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.
VILLAGE BEND,:LC
Agenda Item 9
Page 5
AERIAL OF VILLAGE BEND SITE
VILLAGE BEND, LLC
Agenda Rem 9
Page 6
PHOTOGRAPH OF VILLAGE BEND NEIGHBORHOOD UNDER CONSTRUCTION
PHOTOGRAPH OF NEWCASTLE NEIGHBORGOOD'S EXISTING ENTRANCE SIGN
PHOTOGRAPHS
*'•gyp BEA
VILLAGE BEND, LLC
Agenda Item 9
Page 7
Village Bend, LLC
Zoning with Conditions proffers. Open
Space Promotion or PDH -2 Overlays
Modification of Conditions
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
01/24/2012
Modification of Conditional Rezoning
Approved
11/25/2008
Conditional change of zoning (R-15 to R-7.5)
Approved
08/28/2007
Conditional change of zoning (R-15 & AG -1
to A-12)
Denied
2
05/27/1997
Change of zoning from 0-2, B-2, R-10, P-1
& H-1 to AG -1
Granted
05/29/1991
Change of zoning from AG -1 to Conditional
0-2, B-2, R-10, P-1 & H-1
Granted
3
09/18/1989
Change of zoning from R-15 & AG -1 to
Conditional R-7.5
Granted
4
07/02/1984
Conditional Use Permit (counter tops)
Granted
07/17/1978
Conditional Use Permit (trailers)
Granted
VILLAGE BEND, LLC
Agenda Item 9
Page 8
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the applicant name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
Village Bend, L.L.C.: John Bishard, Managing Member; Steven Bishard, Member
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)
Village Bend Homeowners Association, Inc., a Virginia non -stock, non-profit
corporation: Steven Bishard, President; John Bishard, Secretary; Thomas A.
Lewis, III, Treasurer
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.
' & 2 See next page for footnotes
Modification of Conditions Application
Page 10 of 11
Revised 9/1/2004
DISCLOSURE STATEMENT
VILLAGE BEND, ILC
Agenda Item 9
Page 9
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Sykes, Bourdon, Ahern & Levy, P.C.
Harry R. Purkey, Jr., Esquire
Monarch Bank
1 "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the
voting power of another corporation." See State and Local Government Conflict of
Interests Act, Va. Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent -subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity, (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the two
entities; there are common or commingled funds or assets; the business entities share
the use of the same offices or employees or otherwise share activities, resources or
personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
CERTIFICATION: 1 certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been
scheduled for public hearing, 1 am responsible for obtaining and posting the required
sign on the subject property at least 30 days prior to the scheduled public hearing
according to the instr ctiog(s i this package.
Vil g- B d, C.i'
By c. tit.n�t/ John Bishard, Mg. Member
Ap i nt's Signature Print Name
Vi a Berid H eowners Association, Inc.
By: 4 4161 Steve Bishard, President
Property Owner's Signature (if different than applicant) Print Name
Modification of conditions Application
Page 11 of 11
Revised 9/1/2004
DISCLOSURE STATEMENT
VILLAGE BEND, LLC
Agenda Item 9
Page 10
Item #9
Village Bend, L.L.C.
Modification of Conditional Change of Zoning
Southside of Dam Neck Road at intersection with Patience Place
District 7
Princess Anne
February 13, 2013
CONSENT
An application of Village Bend, L.L.C. for a Modification of Conditional Change of
Zoning approved by City Council on November 25, 2008 and modified on January 24,
2012 on property located on the south side of Dam Neck Road at intersection with
Patience Place, District 7, Princess Anne. GPIN: 14841676230000.
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:
Proffer numbered 9 as set forth in the 2008 Proffers is deleted.
PROFFER 2:
Except for the deletion of Proffer numbered 9 as contained in the 2008 Proffers, the
remaining eleven (11) proffered covenants, restrictions and conditions as set forth in the
"2008" Proffers" and the previously modified proffers as contained in the "First Amendment
to the Proffers" are hereby ratified and affirmed.
STAFF COMMENTS: The proffers listed above are acceptable, as they only result in the
deletion of the proffer pertaining to the sign. The deletion of the proffer does not affect the
proffers tied to the development of the Village Bend neighborhood.
The City Attorney's Office has reviewed the modified proffer agreement dated November 20,
2012, and found it to be legally sufficient and in acceptable legal form.
Item #9
Village Bend, L.L.C.
Page 2
NOTE: Further conditions may be required during the administration of applicable
City Ordinances and Standards. Any site plan submitted with this application may
require revision during detailed site plan review to meet all applicable City Codes
and Standards. All applicable permits required by the City Code, including those
administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a
Certificate of Occupancy, are required before any uses allowed by this 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 9 NAY 0 ABS 0 ABSENT 2
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS ABSENT
REDMOND AYE
RIPLEY ABSENT
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
By a vote of 9-0, the Commission approved item 9 by consent.
Eddie Bourdon appeared before the Commission on behalf of the applicant.
In Reply Refer To Our File No. DF -8586
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: March 1, 2013
TO: Mark D. Stiles DEPT: City Attorney
FROM: B. Kay Wilson DEPT: City Attorney
RE: Conditional Zoning Application; Village Bend, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on March 12, 2013. I have reviewed the subject proffer agreement, dated
November 20, 2012 and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Kathleen Hassen
PREPARED BY:
WEI SPIES, i OURDi. )N,
WE AIIERN & LEVY. RC.
SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS
VILLAGE BEND, L.L.C., a Virginia limited liability company
VILLAGE BEND HOMEOWNERS ASSOCIATION, INC., a Virginia non -stock, non-profit
corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 20th day of November, 2012, by and between
VILLAGE BEND, L.L.C., a Virginia limited liability company, party of the first part,
Grantor; VILLAGE BEND HOMEOWNERS ASSOCIATION, INC., a Virginia non -stock,
non-profit corporation, party of the second part, Grantor; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part,
Grantee.
WITNESSETH:
WHEREAS, the party of the first part has recorded a Subdivision Agreement in
conjunction with its subdivision of 32.58o acres of land located in the Princess Anne
District of the City of Virginia Beach, Virginia, which Subdivision Agreement is recorded in
the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as
Instrument Number 20110920000973360; and
and
GPIN: 1484-16-7623
Prepared By: R. Edward Bourdon, Jr., Esquire
Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
VSB No. 2216o
PREPARED BY:
MEI SYICEs, 11ot1RE); N,
UM AHERN &
WHEREAS, the party of the second part is the owner of Common Area 1 as more
particularly described in Exhibit "A" attached hereto and incorporated herein by this
reference (the "Property"); and
WHEREAS, the Grantors have initiated a modification to a conditional amendment
to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as
to modify conditions to the Zoning Classification of the Property; and
WHEREAS, the Grantors have requested Grantee to permit this modification of the
previously proffered Covenants, Restrictions and Conditions dated November 29, 2007
and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,
Virginia as Instrument Number 20081205001382120 (hereinafter "2008 Proffers"), which
proffers have been previously amended by First Amendment to Proffered Covenants,
Restrictions and Conditions dated December 15, 2011 as recorded in the afore referenced
Clerk's Office as Instrument Number 20120202000114700, (hereinafter "First
Amendment to Proffers"), to reflect the deletion of of proffer numbered 9 as set forth in
the 2008 Proffers; and
WHEREAS, with the exception of Proffer numbered "9", it is the Grantors' intent to
reaffirm all of the covenants, restrictions and conditions set forth in the 2008 Proffers and
the First Amendment to Proffers; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantors acknowledge that competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of
the Property and at the same time to recognize the effects of change, and the need for
various types of uses, certain reasonable conditions governing the use of the Property for
the protection of the community that are not generally applicable to land similarly zoned
are needed to cope with the situation to which the Grantors' proposed modification of
conditions to the zoning gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed modification to
the existing zoning conditions with respect to the Property, the following reasonable
conditions related to the physical development, operation, and use of the Property to be
adopted, which conditions have a reasonable relation to the proposed modification and the
need for which is generated by the proposed modification.
PREPARED BY:
Q : SYKES, ROURDI)N.
GUI AHERN & LEVY, P.C.
NOW, THEREFORE, the Grantors, their successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any
element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following amended declaration of conditions and
restrictions which, along with the unchanged covenants, conditions and restrictions set
forth in the 2008 Proffers and First Amendment to Proffers shall restrict and govern the
physical development, operation, and use of the Property and hereby covenant and agree
that this declaration shall constitute covenants running with the Property, which shall be
binding upon the Property and upon all parties and persons claiming under or through the
Grantors, their successors, personal representatives, assigns, grantees, and other
successors in interest or title:
1. Proffer numbered 9 as set forth in the 2008 Proffers is deleted.
2. Except for the deletion of Proffer numbered 9 as contained in the 2008
Proffers, the remaining eleven (11) proffered covenants, restrictions and conditions as set
forth in the "2008 Proffers" and the previously modified proffers as contained in the "First
Amendment to Proffers" are hereby ratified and affirmed.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
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.
I
PREPARED BY:
S"ICES. NOURD()N,
AIJE'RN & LEVY. R.C.
The Grantors covenant and agree that:
(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 Grantors shall petition the governing body for the review thereof
prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed
in the names of the Grantors and the Grantee.
WITNESS the following signature and seal:
Grantor:
Village Bend, L.L.C., a Virginia limited liability
company
Bv:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
John Bishard, Managing Member
(SEAL)
The foregoing instrument was acknowledged before me this 26th day of November,
2012, by John Bishard, Managing Member of Village Bend, L.L.C., a Virginia limited
liability company, Grantor.
_Al—A/
Nota 1141
Public
My Commission Expires: August 31, 2014
Notary Registration No.: 192628
PREPARED BY:
013 SYKES. ROURDf DN.
G�II A;I1LRN & LEVY. P.C.
WITNESS the following signature and seal:
Grantor:
Village Bend Homeowners Association, Inc., a Virginia
non -stock, non-profit corporation
B
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
Steve Bishard, President
(SEAL)
The foregoing instrument was acknowledged before me this 20th day of November,
2012, by Steve Bishard, President of the Village Bend Homeowners Association, Inc., a
Virginia non -stock, non-profit corporation, Grantor.
My Commission Expires: August 31, 2014
Notary Registration No.: 192628
PREPARED BY:
1413 SY3CES, not moN.
d� A1ftPN & MY. P.C.
Notary Public
it I
EXHIBIT "A"
LEGAL DESCRIPTION
COMMON AREA 1, 153,717 S.F., 3.529 AC.
ALL THAT certain lot, piece or parcel of land lying, situate and being in the City of Virginia
Beach, Virginia, and being known, described and designated as "Common Area 1, 153,717
S.F., 3.529 AC.", as shown on that certain plat entitled "Plat of Subdivision, Village Bend,
Phase 1A, Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number
20110920000973170.
GPIN: 1484-16-7623
\\Sykesw2k\users\AM\Mod of Proffers\Village Bend\2nd Amendment to Proffers.doc
PREPARED BY
013 SY1CLS. BOUIWON.
YiN All ERN & I[['Y. P.C.
7Q-75 dBLdn
CUP for Home Occupation - Day Care
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: BRENDA R. CORNWELL (Applicant & Owner), Conditional Use Permit for a Child
Daycare with a maximum of 12 children. 1309 Boardwalk Way (GPIN 2415972649). BEACH
DISTRICT.
MEETING DATE: March 12, 2013
■ Background:
The applicant is requesting a Conditional Use Permit for a Family Daycare Home
for 12 children as a home occupation. The applicant currently cares for 12
children, and since the Zoning Ordinance requires a Conditional Use Permit
when more than 5 children are cared for in one dwelling, a Conditional Use
Permit is required. The applicant is licensed with the Department of Social
Services (DSS); it was through the license renewal process that she became
aware of the need for a Conditional Use Permit.
• Considerations:
The subject site is located at the corner of Reading Road and Boardwalk Way.
There is a cul-de-sac directly opposite of the site as well as one parcel to the
north. In the center of the lot is a two-story single family dwelling facing
Boardwalk Way. To the north of the dwelling is an in -ground pool. The outdoor
play area reserved for the children is in the east and south yards between the
sidewalk to the front door and the western side lot line. With the exception of the
driveway and sidewalk, this area is covered with grass and typical residential
landscaping. The applicant uses a pop-up driveway gate when children are
outdoors; the rest of the play area is not gated.
The applicant and her assistant care for 12 children between the hours of 6:30
a.m to 5:30 p.m, Monday through Friday. The majority of the children are
currently dropped -off between 8:00 a.m. and 8:30 a.m. and picked up between
4:00 p.m. and 5:30 p.m. There are usually one or two children who need to be
dropped off or picked up outside those hours; thus, the applicant's service is
available during the hours noted above.
Space is available on the street as well as in the driveway for picking -up and
dropping -off children. Traffic is low at the site's street frontage due to its location
near the cul-de-sac and dead end of Boardwalk Way. The cul-de-sac at the
corner of Reading Road and Boardwalk Way also serves as a turnaround for
vehicles when dropping -off and picking -up children. In an effort to avoid the
possibility of congestion in the future, Staff has included Condition 6 requiring the
applicant to continue staggering the pick-up and drop-off time.
Brenda Cornwell
Page 2 of 2
There was no opposition to the request.
■ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 9-0, to recommend approval of this request to the
City Council with the following conditions:
1. The home daycare shall be limited to a total of twelve (12) children, other than
children living in the home.
2. Hours of operation shall be limited to Monday through Friday, 6:00 a.m. to 7:00
p.m.
3. No more than one (1) person, other than the applicant, shall be employed by
the home daycare.
4. All `pool barrier' and all barrier requirements pertaining to the outdoor play
area, and in particular, the driveway of the Virginia Department of Social
Services shall be met.
5. The applicant shall stagger the arrival and departure times for the children
such that vehicular congestion is avoided.
6. A sign, no greater than one square foot in size, identifying the home daycare
may be installed on the house.
7. The applicant shall be licensed with the Commonwealth of Virginia. Failure to
maintain said license in good standing shall result in revocation of this Use
Permit.
8. The applicant shall obtain all necessary permits and inspections from the
Planning Department / Permits and Inspections Division. The applicant shall
secure a Certificate of Occupancy from the Building Official for home daycare
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
City Manager:
Dal
•
Brenda Corimrell
AG1
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CUP for None Occupation - Day Care
REQUEST:
Conditional Use Permit (Home Occupation — Day Care)
ADDRESS / DESCRIPTION: 1309 Boardwalk Way
GPIN:
24159726490000
12
February 13, 2013 Public Hearing
APPLICANT AND
PROPERTY OWNER:
BRENDA
CORNWELL
STAFF PLANNER: Kristine Gay
ELECTION DISTRICT: SITE SIZE: AICUZ:
BEACH 11,324 square feet 70-75 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests a Conditional Use Permit to allow the continued use of the site as an in-home day
care for twelve children. The applicant is licensed with the Department of Social Services (DSS); it was
through the license renewal process that she became aware of the need for a Conditional Use Permit.
The applicant and her assistant care for 12 children between the hours of 6:30 a.m to 5:30 p.m, Monday
through Friday. The majority of the children are currently dropped -off between 8:00 a.m. and 8:30 a.m
and picked up between 4:00 p.m. and 5:30 p.m. There are usually one or two children who need to be
dropped off or picked up outside those hours; thus, the applicant's service is available during the hours
noted above. To eliminate any potential for traffic hazards, a condition of this Use Permit is recommended
at the end of this report requiring the applicant to stagger the arrival and departure times of the children.
The subject site is located at the corner of Reading Road and Boardwalk Way. There is a cul-de-sac
directly opposite of the site as well as one parcel to the north. In the center of the lot is a two-story single
family dwelling facing Boardwalk Way. To the north of the dwelling is an in -ground pool. The pool and
north and west yards are bordered by a gate that extends north from the dwelling to the lot line where it
then follows the lot line to the west, bordering the yard until it extends inward and connects with the
southern face of the house. The outdoor play area reserved for the children is in the east and south yards
between the sidewalk to the front door and the western side lot line. With the exception of the driveway
BRENDA CORNWELL
Agenda Item 12
Page 1
and sidewalk, this area is covered with grass and typical residential landscaping. The applicant uses a
pop-up driveway gate when children are outdoors, the rest of the play area is not gated.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Single-family home / R-10 Residential District
SURROUNDING LAND North: • Single-family homes / R-10 Residential District
USE AND ZONING: South: . Single-family homes / R-10 Residential District
East: . Single-family homes / R-10 Residential District
West: • Single-family homes / R-10 Residential District
NATURAL RESOURCE AND
CULTURAL FEATURES: The site is relatively flat and grassy with mature deciduous trees.
COMPREHENSIVE PLAN: The Comprehensive Plan defines the area of which the subject site is located as a
Suburban Area. To maintain the stability of Suburban Areas, the Comprehensive Plan recommends the
preservation of neighborhood quality, the creation and protection of open spaces, and the connection of
suburban mobility. Compatible infill development, quality materials, attractive site and building design,
improved mobility, residential buffering, and environmental sensitivity are all suggested by the Comprehensive
Plan.
IMPACT ON CITY SERVICES
Based on comments from City agencies pertaining to this request, there is no direct impact on City
services as a result of the applicant's proposal.
EVALUATION AND RECOMMENDATION
The applicant is requesting a Conditional Use Permit for a Family Daycare Home for 12 children as a
home occupation. As the Zoning Ordinance requires a Conditional Use Permit when more than five
children are cared for in one dwelling, the applicant requires a Conditional Use Permit to continue
operation.
Adequate space is available on the street as well as in the driveway for picking -up and dropping -off
children. Traffic is low at the site's street frontage due to its location near the cul-de-sac and dead end of
Boardwalk Way. The cul-de-sac at the corner of Reading Road and Boardwalk Way also serves as a
turnaround for vehicles when dropping -off and picking -up children. In an effort to avoid the possibility of
BRENDA CORNWELL
Agenda Item 12
Page 2
congestion in the future, Staff has included Condition 6 requiring the applicant to continue staggering the
pick-up and drop-off time.
The applicant uses the south and east yard as the children's outdoor play area. These yards extend out
to the curb with no fencing. Children stay between the sidewalk leading to the front door (thirty feet from
the pool barrier) and the western lot line. When the children play on the driveway, the applicant secures a
temporary pop-up gate as well as parks a vehicle on the road directly in -front of the driveway. Given that
the children are supervised, staff finds this to be reasonable due to the low traffic on Reading Road and
Boardwalk Way. Furthermore, the Department of Social Services (DSS), which licenses home childcare,
has found that the outdoor play area meets the standards for this type of childcare.
Additionally, as noted in the Summary section of the report, there is an in -ground pool located in the north
yard. The pool meets the barrier requirements of the 2009 Virginia Residential Code by having a barrier
higher than 48 -inches above grade, self -latching and self-closing devices, and protection on any
doorways of the home which directly access the fenced -in pool area. The pool also meets the
requirements of the Virginia Administrative Code (VAC) as it applies to the regulation of Family Daycare
Homes by the Department of Social Services (DSS) by being further than 30 feet from the reserved play
area for children as well as being fenced -in. Staff has included Conditions 5 and 6 to reinforce these
requirements.
Based on the above and the proposal's consistency with the Comprehensive Plan's recommendations for
Suburban Areas, Staff recommends approval of the Use Permit, subject to the following conditions.
CONDITIONS
1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the
home.
2. Hours of operation shall be limited to Monday through Friday, 6:00 a.m. to 7:00 p.m.
3. No more than one (1) person, other than the applicant, shall be employed by the home daycare.
4. All 'pool barrier' and all barrier requirements pertaining to the outdoor play area, and in particular, the
driveway of the Virginia Department of Social Services shall be met.
5. The applicant shall stagger the arrival and departure times for the children such that vehicular
congestion is avoided.
6. A sign, no greater than one square foot in size, identifying the home daycare may be installed on the
house.
7. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in
good standing shall result in revocation of this Use Permit.
8. The applicant shall obtain all necessary permits and inspections from the Planning Department /
Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the
Building Official for home daycare use.
BRENDA CORNWELL
Agenda Item 12
II I
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.
BRENDA CORNWELL
Agenda Item 12
Page 4
AERIAL OF SITE LOCATION
THIS IS TO CERTIFY THAT ON NAY 20. 1993 , WE SURVEYED THE PROPERTY
SHOWN ON THIS PLAT ANO THAT THE TITLE LINES AND PHYSICAL IMPROVEMENTS ARE SHOWN ON THIS
PLAT. THE IMPROVEMENTS STAND STRICTLY WITHIN THE TITLE LINES AND THERE A NO ENCROACH
MENT5 OR VISIBLE EASEMENTS EXCEPT AS SHOWN. i.,P,LS II Ofi
MILLER-STEPHENSON & ASSOCIATES.P 04 i/,
5 FPN[NSON, JR.
0318 JP
THIS PROPERTY APPEARS TO BE IN FLOOD ZONE 'C' AS SHOWN ON P . El. 32 OF IME y��
INSURANCE RATE NAPS, CITY OF VIRGINIA BEACH, VIRGINIA. DATED 'J 0 }4 15•
I?EAD/AIG R17I1D 15D'RItJ)
PHYSICAL SURVEY
OF
LOT 23
SUBDIVISION OF PARK PLACE. SECTION ONE
(NB. 225, PC. 31-36)
PRINCESS ANNE BOROUGH, VIRGINIA REALM, VIRGINIA
FOR
DONALD E. AND BRENDA R. CORNWELL
MILLER - STEPHENSON & ASSOCIATES, P.C.
ENGINEERS. SURVEYORS & PLANNERS
VIRGINIA REACH, VIRGINIA
FI3 215,17g 55
0
3CSILE1":" '
Fiz7.4•J0
PROPOSED SITE PLAN
BRENDA CORNWELL
Agenda Item 12
Page 6
BEACH
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Zoning with CondidonsrProffers, Open
Space Promotion or PDH -2 Overlays
CUP for Home Occupation - Day Care
ZONING HISTORY
There is no recent zoning activity to report.
BRENDA CORNWELL
Agenda Item 12
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)
N (\
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
N
ElCheck 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 fist if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach fist if necessary)
❑ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1 & 2 See next page for footnotes
Does an official or en. oyee of 4b City of Virginia Beach have an interest in the
subject land? Yes III No
If yes, what is the name of the official or employee and the nature of their interest?
Conditional Use Permit Application
Page 9 of 10
Revised 713/2007
t=1:
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A
V
DISCLOSURE STATEMENT
BRENDA CORNWELL
Agenda Item 12
Page 8
i:=4•14:=41
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DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
f MR ACcr«r1 3 of (Tcx `L11 clot-N.0.4y., CiCc1 x fC
' "Parent -subsidiary relationship' means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 22-3101,
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, t 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.
VAQM6, R
Applicant`s Signature
rCnAck
Print Name
Property Owner's Signature (if different then applicant) Print Name
Conditional Use Permit Application
Page 10 of 10
Revised 71312007
DISCLOSURE STATEMENT
BRENDA CORNWELL
Agenda Item 12
Page 9
Item #12
Brenda Cornwell
Conditional Use Permit
1309 Boardwalk Way
District 6
Beach
February 13, 2013
CONSENT
An application of Brenda Cornwell for a Conditional Use Permit (Home Occupation —
Daycare) on property located at 1309 Boardwalk Way, District 6, Beach. GPIN:
24159726490000.
CONDITIONS
1. The home daycare shall be limited to a total of twelve (12) children, other than children
living in the home.
2. Hours of operation shall be limited to Monday through Friday, 6:00 a.m. to 7:00 p.m.
3. No more than one (1) person, other than the applicant, shall be employed by the home
daycare.
4. All `pool barrier' and all barrier requirements pertaining to the outdoor play area, and in
particular, the driveway of the Virginia Department of Social Services shall be met.
5. The applicant shall stagger the arrival and departure times for the children such that
vehicular congestion is avoided.
6. A sign, no greater than one square foot in size, identifying the home daycare may be
installed on the house.
7. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain
said license in good standing shall result in revocation of this Use Permit.
8. The applicant shall obtain all necessary permits and inspections from the Planning
Department / Permits and Inspections Division. The applicant shall secure a Certificate
of Occupancy from the Building Official for home daycare 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 are
valid.
Item #12
Brenda Cornwell
Page 2
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 9 NAY 0 ABS 0 ABSENT 2
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS ABSENT
REDMOND AYE
RIPLEY ABSENT
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
By a vote of 9-0, the Commission approved item 12 by consent.
Brenda Cornwell, the applicant, appeared before the Commission.
CENTERVILLE
andra Miller
N
CUP for Residential Kennel
rf
CITY OF VIRGINIA BEACH
AGENDAITEM
ITEM: SANDRA MILLER (Applicant & Owner), Conditional Use Permit for a residential
kennel for a maximum of 7 dogs. 4088 Rainbow Drive (GPIN 1475933966). CENTERVILLE
DISTICT.
MEETING DATE: March 12, 2013
• Background:
The applicant requests a Conditional Use Permit to allow use of the site as a
Residential Kennel. The Zoning Ordinance requires a Conditional Use Permit for
a Residential Kennel when more than four dogs over six months of age are kept
on a parcel as pets or for hunting, exhibiting, or for dog shows. Currently, the
applicant has four Pomeranian dogs. Recently, the applicant has become ill, and
her husband has returned to Virginia Beach from North Carolina. The husband
owns three Labrador dogs (registered in North Carolina) that he would like to
keep at the subject site. Since the combined number of dogs exceeds that
allowed by the Zoning Ordinance, the applicant is requesting a Conditional Use
Permit for a Residential Kennel for a maximum of seven dogs.
• Considerations:
The subject site is located on the interior side of a curve of Rainbow Drive. It has
91 feet of frontage and side lot lines of 100 feet (south) and 107 feet (north) that
taper down to a rear lot line of 28 feet. The lot is 6,277 square feet in size and is
occupied by a single-family dwelling with a footprint of 1,424 square feet located
20 feet from the front lot line. There is a privacy fence, six feet in height that
borders the rear yard and then extends toward the house to meet with the facade
of the dwelling. The remainder of the rear yard is unoccupied with the exception
one large deciduous tree and scattered piles of outdoor storage of household
and yard maintenance equipment.
Section 223 of the Zoning Ordinance, which regulates this type of activity,
requires that the area of a parcel used as a residential kennel be located 100 feet
or more from the property line of any adjacent lot, unless the animals are kept in
soundproof, air-conditioned buildings. In this case, at its widest, the site is 91 feet
wide. Staff finds that this does not allow adequate space for the dogs. Moreover,
there is no proposal to construct a soundproof, air-conditioned kennel for the
dogs, and staff is concerned that the dwelling will provide inadequate
soundproofing or air-conditioning as intended by the standards of Section 223.
`Neighborhood quality' is an important guiding recommendation of the
Comprehensive Plan regarding the Suburban Area. During the review of this Use
Sandra Miller
Page 2 of 2
Permit request, staff discussed its evaluation and recommendations pertaining to
the Use Permit requests during the past several years for Residential Kennels. In
particular, staff considered the ways this type of use can impact the
`neighborhood quality' that the Comprehensive Plan recommends. The
characteristics of `neighborhood quality' consist of factors such as, and these are
not exclusive, daytime and nighttime sound levels appropriate to a residential
neighborhood, land uses compatible with a residential setting, and a high level of
site and building design. Accordingly, to ensure neighborhood quality is not
diminished but is instead enhanced when possible, the use of a residential lot for
a Residential Kennel should only be allowed where the lot is of sufficient size for
the number of proposed dogs, the applicant can clearly demonstrate that use of
the lot for a Residential Kennel will not be detrimental to the surrounding area,
and the dogs will have an adequate kennel that is truly soundproof and air-
conditioned.
Staff recognizes that it has in the past supported Residential Kennels on various
size lots and under a variety of conditions. Staff is, however, concerned that
continuation of such support where the factors above are not present may result
in unintended detriment to the `neighborhood quality.' Applicants requesting a
Use Permit for a Residential Kennel must demonstrate, as part of the factors
provided above, and Staff must find through those same factors, that
'neighborhood quality' will be maintained or even enhanced.
Staff does not find that this request demonstrates or meets those factors, and the
Planning Commission concurred.
There was no one present in support or opposition to the request.
• Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 9-0, to recommend denial of this request to the City
Council.
• Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends denial. Planning Commission recommends
denial.
Submitting Department/Agency: Planning Department.„\,)
City Manager:
CENTERVILLE
TIa F -1U
Ma. �ot io Scate
Sandra Miller
• Zurhy.a CwdhbmAMhas.
Space Ps* a POM. Or.**
CUP for Residential Kennel
REQUEST:
Conditional Use Permit (Residential Kennel)
ADDRESS / DESCRIPTION: 4088 Rainbow Drive
GPIN:
13
February 13, 2013 Public Hearing
APPLICANT AND
PROPERTY OWNER:
SANDRA MILLER
STAFF PLANNER: Kristine Gay
ELECTION DISTRICT: SITE SIZE: AICUZ:
14759339660000 CENTERVILLE 6,277 square feet Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests a Conditional Use Permit to allow use of the site as a Residential Kennel.
Currently, the applicant has four Pomeranian dogs. The applicant also breeds the dogs and sells the
puppies, or gives them away for the cost of vaccines and registration. The City Zoning Ordinance requires
a Conditional Use Permit for a Residential Kennel when the number of dogs kept on a parcel as pets or
for hunting, exhibiting, or dog shows and which are aged six months or greater exceeds four.
Recently, the applicant has become ill, and her husband has returned to Virginia Beach from North
Carolina. The husband owns three Labrador dogs (registered in North Carolina) that he would like to keep
at the subject site. Since the combined number of dogs exceeds that allowed by the Zoning Ordinance,
the applicant is requesting a Conditional Use Permit for a Residential Kennel for a maximum of seven
dogs.
The subject site is located on the interior side of a curve of Rainbow Drive. It has 91 feet of frontage and
side lot lines of 100 feet (south) and 107 feet (north) which taper down to a rear lot line of 28 feet. The lot
is 6,277 square feet in size and is occupied by a single-family dwelling with a footprint of 1,424 square
feet located 20 feet from the front lot line. There is a privacy fence, six feet in height that borders the rear
yard and extends toward the house to meet with the facade of the dwelling. In the rear yard, there is a 8' x
10' shed encroaching in the side yard setback (five feet for accessory structures under 150 square feet).
SANDRA MILLER
Agenda Item 13
Page 1
0
The remainder of the rear yard is unoccupied with the exception one Targe deciduous tree and scattered
piles of outdoor storage of household and yard maintenance equipment.
4 0
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Single-family home / R -5D
SURROUNDING LAND North:
USE AND ZONING: South:
East:
West:
• Single-family homes / R -5D Residential District
• Single-family homes / R -5D Residential District
• Single-family homes / R -5D Residential District
• Single-family homes / R -5D Residential District
NATURAL RESOURCE AND The site is flat and mostly open with the exception of a few mature
CULTURAL FEATURES: deciduous and evergreen trees.
COMPREHENSIVE PLAN: The Comprehensive Plan designates the area of which the subject site is located
as a Suburban Area. To maintain the stability of Suburban Areas, the Comprehensive Plan recommends the
preservation of neighborhood quality, the creation and protection of open spaces, and the connection of
suburban mobility. Compatible infill development, quality materials, attractive site and building design,
improved mobility, residential buffering, and environmental sensitivity are all suggested by the Comprehensive
Plan. Accordingly, the proposed use should not result in a loss of neighborhood quality.
IMPACT ON CITY SERVICES
Based on comments from City agencies pertaining to this request, there is no direct impact on City
services as a result of the applicant's proposal.
EVALUATION AND RECOMMENDATION
The applicant currently has a total of 4 Pomeranians, and at one time, had up to 15 puppies as a result of
the dog's breeding. She desires to add three adult Labradors, bringing the total to seven dogs. The
Zoning Ordinance requires a Conditional Use Permit for a Residential Kennel when more than four dogs
over six months of age are kept on a parcel as pets or for hunting, exhibiting, or for dog shows.
Section 223 of the Zoning Ordinance, which regulates this type of activity, requires that the area of a
parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot,
unless the animals are kept in soundproof, air-conditioned buildings. In this case, at its widest, the site is
91 feet wide. Staff finds that this does not allow adequate space for the dogs. Moreover, there is no
proposal to construct a soundproof, air-conditioned kennel for the dogs, and staff is concerned that the
SANDRA MILLER
Agenda Item 13
Page 2
dwelling will provide inadequate soundproofing or air-conditioning as intended by the standards of Section
223.
As noted above in the Comprehensive Plan section, 'neighborhood quality' is an important guiding
recommendation for the Suburban Area. In its review of this Use Permit request, Staff discussed its
evaluation and recommendations pertaining to several Use Permit requests during the past several years
for Residential Kennels. In particular, Staff considered the potential for this type of use to impact the
'neighborhood quality' that the Comprehensive Plan recommends. The characteristics of 'neighborhood
quality' consist of factors such as, and these are not the only factors, daytime and nighttime sound levels
appropriate to a residential neighborhood, land uses compatible with a residential setting, and a high level
of site and building design. Accordingly, to ensure neighborhood quality is not diminished but is instead
enhanced when possible, the use of a residential lot for a Residential Kennel should only be allowed
where the lot is of sufficient size for the number of proposed dogs, and when the applicant can clearly
demonstrate that use of the lot for a Residential Kennel will not be detrimental to the surrounding area
and the dogs will have an adequate kennel that is truly soundproof and air-conditioned.
Staff recognizes that it has in the past supported Residential Kennels on various size lots and under a
variety of conditions. Staff is concerned that continuation of such support where the factors above are not
present may result in unintended detriment to the 'neighborhood quality.' Applicants requesting a Use
Permit for a Residential Kennel must demonstrate, as part of the factors provided above, and Staff must
find through those same factors, that 'neighborhood quality' will be maintained or even enhanced.
Staff does not find that this request demonstrates or meets those factors, and thus, Staff recommends
denial of the request for a Conditional Use Permit for a Residential Kennel.
SANDRA MILLER
Agenda Item 13
Page 3
AERIAL OF SITE LOCATION
at�11A•BEA
SANDRA MILLER
Agenda Item 13 „
Page 4 ,z
SUBDIVISION PLAN SHOWING
SUBJECT LOT (#315)
SANDRA MILLER
Agenda Item 13
Page 5
LL.4
CENTERVILLE
Map F-10
Ma Not to Scale
Sandra Miller
' Zoning with Conditions/Proffers. Open
Space Promotion or PDH -2 Overlays
CUP for Residential Kennel
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
07/08/1985
Conditional Use Permit (Group Home)
Approved
2
06/02/2008
Conditional Use Permit (Child Daycare)
Deferred
SANDRA MILLER
Agenda Item 13
Page 6
OUR NAco-
Id_
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)
IV/
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
NA
Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
N/i
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
NIA -
Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1 & 2 See next page for footnotes
Does an official or els s oyee ofkei City of Virginia Beach have an interest in the
subject land? Yes El No 1 \I
If yes, what is the name of the official or employee and the nature of their interest?
Conditional Use Permit Application
Ig.401
DISCLOSURE STATEMENT
SANDRA MILLER
Agenda Item 13
Page 7
it I
DISCLOSURE STATEMENT
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersi • ned also consents to entry upon the subject property by employees of the Department of
Pla in to photograph and vi the site for purposes of processing and evaluating this application.
Applicant's Signature
ondrv- ,IIPr
Print Name
Property Owner's Signature (if different than applicant) Print Name
Conditional Use Permit Application
DISCLOSURE STATEMENT
SANDRA MILLER
Agenda Item 13
Page 8
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)
hhV
' "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
undersi • ned also consents to entry upon the subject property by employees of the Department of
Pla in to photograph and vi the site for purposes of processing and evaluating this application.
Applicant's Signature
ondrv- ,IIPr
Print Name
Property Owner's Signature (if different than applicant) Print Name
Conditional Use Permit Application
DISCLOSURE STATEMENT
SANDRA MILLER
Agenda Item 13
Page 8
I
Item #13
Sandra Miller
Conditional Use Permit
4088 Rainbow Drive
District 1
Centerville
February 13, 2013
REGULAR
An application of Sandra Miller for a Conditional Use Permit (residential kennel) on
property located at 4088 Rainbow Drive, District 1, Centerville. GPIN:
14759339660000.
The applicant currently has a total of 4 Pomeranians, and at one time, had up to 15
puppies as a result of the dog's breeding. She desires to add three adult Labradors,
bringing the total to seven dogs. The Zoning Ordinance requires a Conditional Use
Permit for a Residential Kennel when more than four dogs over six months of age are
kept on a parcel as pets or for hunting, exhibiting, or for dog shows.
Section 223 of the Zoning Ordinance, which regulates this type of activity, requires that
the area of a parcel used as a residential kennel be located 100 feet or more from the
property line of any adjacent lot, unless the animals are kept in soundproof, air-
conditioned buildings. In this case, at its widest, the site is 91 feet wide. Staff finds that
this does not allow adequate space for the dogs. Moreover, there is no proposal to
construct a soundproof, air-conditioned kennel for the dogs, and staff is concerned that
the dwelling will provide inadequate soundproofing or air-conditioning as intended by
the standards of Section 223.
As noted above in the Comprehensive Plan section, `neighborhood quality' is an
important guiding recommendation for the Suburban Area. In its review of this Use
Permit request, Staff discussed its evaluation and recommendations pertaining to
several Use Permit requests during the past several years for Residential Kennels. In
particular, Staff considered the potential for this type of use to impact the 'neighborhood
quality' that the Comprehensive Plan recommends. The characteristics of
'neighborhood quality' consist of factors such as, and these are not the only factors,
daytime and nighttime sound levels appropriate to a residential neighborhood, land uses
compatible with a residential setting, and a high level of site and building design.
Accordingly, to ensure neighborhood quality is not diminished but is instead enhanced
when possible, the use of a residential lot for a Residential Kennel should only be
allowed where the lot is of sufficient size for the number of proposed dogs, and when
the applicant can clearly demonstrate that use of the lot for a Residential Kennel will not
be detrimental to the surrounding area and the dogs will have an adequate kennel that
is truly soundproof and air-conditioned.
Staff recognizes that it has in the past supported Residential Kennels on various size
lots and under a variety of conditions. Staff is concerned that continuation of such
support where the factors above are not present may result in unintended detriment to
the `neighborhood quality.' Applicants requesting a Use Permit for a Residential Kennel
Item #13
Sandra Miller
Page 2
must demonstrate, as part of the factors provided above, and Staff must find through
those same factors, that `neighborhood quality' will be maintained or even enhanced.
Staff does not find that this request demonstrates or meets those factors, and thus, Staff
recommends denial of the request for a Conditional Use Permit for a Residential
Kennel.
A motion was made by Commissioner Thornton and seconded by Commissioner
Rucinski to deny the application.
AYE 9 NAY O
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS
REDMOND AYE
RIPLEY
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
ABS 0 ABSENT 2
By a vote of 9-0, the Commission denied item 13.
There was no applicant or representative for this application.
ABSENT
ABSENT
womi
•—
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WWI
M
u
6
II
a a 0 a
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• I
N
UP for Automobile Re • ai
•
1
1
I'
ITEM: JOSEPH CASTILLO (Applicant) / EDDIE R. CREEKMORE, JR. (Owner),
Conditional Use Permit for Motor Vehicle Repair (Heavy). 128 Dorset Avenue
(GPIN 1477041127). BAYSIDE DISTRICT.
MEETING DATE: March 12, 2013
• Background:
The applicant requests a Conditional Use Permit for heavy automotive repair.
Specifically, the applicant proposes to perform the following: the removal, repair,
and rebuilding of all types of gasoline and diesel engines; work on automotive
brake systems; and welding, cutting, and brazing for exhaust systems; and frame
and body repair. The applicant currently employees six people and has been
performing automotive services on this site since 2011.
• Considerations:
The current use in this area, as well as the applicant's proposal, does not fit the
vision of the Central Village District of the Pembroke Growth Area 4
Implementation Plan (SGA 4). It is understood, however, that plans calling for
transformation as envisioned in the SGA 4 Implementation Plan take time to
become reality, and uses such as the applicant's will continue in this area until
market forces, private -sector development trends, and public policy create the
energy necessary to redevelop this area. Staff concludes that the applicant's
proposal, therefore, is acceptable with the conditions listed below.
There was no opposition to the request.
• Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 9-0, to recommend approval of this request to the
City Council with the following conditions:
1. All motor vehicle repair must take place inside the building.
2. No outside storage of equipment, parts, or materials shall be permitted.
3. No outside storage of vehicles in a state of obvious disrepair shall be
permitted. If vehicles in this condition require storage, then such vehicles shall
be stored within the building.
4. No tires for sale, merchandise, or parts shall be displayed or stored outside.
I
Joseph Castillo
Page2of2
■ 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:
BAYSI DE
Ma D-7
A
Map In .$-
Joseah Castillo
• ZonI g w*b Ce.JiSer Prof kn. O.
Span Prom'. or Ppl r Or•rby.
CUP for Automobile Repair
REQUEST:
Conditional Use Permit (Automotive Repair Garage)
ADDRESS / DESCRIPTION: 128 Dorset Avenue
5
February 13, 2013 Public Hearing
APPLICANT:
JOSEPH CASTILLO
PROPERTY OWNER:
EDDIE R.
CREEKMORE, JR.
GPIN: ELECTION DISTRICT: SITE SIZE:
14770411270000 BAYSIDE 2.481 acres
STAFF PLANNER: Carolyn A.K. Smith
AICUZ:
Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests a Conditional Use Permit for heavy automotive repair. Specifically, the applicant
proposes to perform the following: the removal, repair, and rebuilding of all types of gasoline and diesel
engines; work on automotive brake systems; and welding, cutting, and brazing for exhaust systems; and
frame and body repair. There are currently employees six people and has been performing automotive
services on this site since 2011.
•
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: automotive repair
SURROUNDING LAND North: • Auto repair / 1-1 Light Industrial District
USE AND ZONING: South: • Southern Boulevard
• Paving operation /1-1 Light Industrial District
East: • Euclid Road
• Auto repair, communications tower, fuel / 1-1 Lightlndustrial
JOSEPH CASTILLO
Agenda Items 5
Page 1
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
District
• Dorset Avenue
• Office warehouse, City equipment bulk storage / 1-1 Light
Industrial District
The site is within the Chesapeake Bay watershed. As it is almost entirely
impervious, there do not appear to be any significant environmental or
cultural features on the site.
COMPREHENSIVE PLAN:
The Comprehensive Plan designates this area as Strategic Growth Area 4. The Pembroke Strategic Growth
Area 4 Implementation Plan designates this site as part of the Central Village District. According to the plan,
this district is envisioned as an eclectic, mid to low-rise commercial and urban -residential area. This district will
include live -work, loft, and row -house residential buildings as well as smaller scale mixed-use commercial
buildings and a sports arena (p. 29).
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP):
Euclid Road in the vicinity of this application is considered a two-lane undivided minor urban arterial. It is not
included in the MTP. Dorset Avenue and Southern Boulevard in the vicinity of this application are considered
two-lane undivided local streets. They are not included in the MTP.
A roadway CIP project is slated for this area. Witchduck Road - Phase 11 (CIP 2-025) will provide a six -lane
divided roadway on a 131 foot right-of-way from 1-264 to Virginia Beach Boulevard and a multi -use path and
sidewalk. The project will also include improvements/modifications to Cleveland Street, Mac Street,
Pennsylvania Avenue, and Southern Boulevard. This application will not be impacted by the CIP project.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Euclid Road
6,299 ADT 1
7,300 ADT '(Level of
Service "C") - 13,100
ADT 1 (Level of Service
"E")
Existing Land Use 2- 30
ADT
Proposed Land Use 3- 30
ADT
Dorsett
Avenue/Southern
Boulevard
No Data
Available
'Average Daily Trips
Pas defined by light automobile repair
Sas defined by heavy automobile repair
WATER & SEWER: This site is already connected to both City water and sewer.
4
EVALUATION AND RECOMMENDATION
Staff recommends approval of this request with the conditions below.
The current use in this area, as well as the applicant's proposal, does not fit the vision of the Central
Village District of the Pembroke Growth Area 4 Implementation Plan (SGA 4). However, it is understood
that plans calling for transformation as envisioned in the SGA 4 Implementation Plan take time to become
reality, and uses such as the applicant's will continue in this area until market forces, private -sector
development trends, and public policy create the energy necessary to redevelop this area. Staff
concludes that the applicant's proposal, therefore, is acceptable with the conditions listed below.
CONDITIONS
1. All motor vehicle repair must take place inside the building.
2. No outside storage of equipment, parts, or materials shall be permitted.
3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this
condition require storage, then such vehicles shall be stored within the building.
4. No tires for sale, merchandise, or parts shall be displayed or stored outside.
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.
JOSEPH CASTILO
Agenda It 5
#? e 3
AERIAL OF SITE LOCATION
JOSEPH CASTILLO
Agenda Item 5
Page 4
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LOCATION ON PARCEL OF
PROPOSED USE
1A•BEA
JOSEPH CASTILLO
Agenda Item 5
Page 5
BAYSI DE
Map D-7
Map Not to Scale
'TP ,
7
Jose I h Castillo
`Zoning with Conditions,Profers. Open
Space Promotion or PDH•2 Overlays
CUP for Automobile Repair
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
12/07/10
CUP (church)
Granted
04/13/10
CUP (church)
Granted
2
10/26/10
CUP (church)
Granted
3
03/10/98
CUP (auto repair garage)
Granted
4
06/25/02
CUP (tattoo parlor)
Granted
08/14/01
CUP (tattoo parlor)
Granted
5
02/01/00
CUP (auto repair & car wash)
Granted
6
07/02/91
CUP (bulk storage)
Granted
7
08/08/88
CUP (communications tower)
Granted
JOSEPH CASTILLO
Agenda Item 5
Page 6
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)
WOCI01 L/lJlcl.lr SFirULceG./) Uor,cfCfal:°d d//R,
6-P-G.l1N SPfvicrS
2. List al businesses that have a parent-subsidiaryt or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
/Uri ltJL%
❑ Check here if the applicant is NOT a cajporation, 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-subsidiaryt 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.
1 & 2 See next page for footnotes
Does an official or employee of the ity of Virginia Beach have an interest in the
subject land? Yes No •
If yes, what is the name of the official or employee and the nature of their interest?
Conditional Use Permit Application
Page 9of10
Revised 3111108
V
oo-zi
014
F--(
02-4Pi�
r•�
DISCLOSURE STATEMENT
JOSEPH CASTILLO
Agenda Item 5
Page 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)
Ueail-O'1
wilkSIE Mmitcevittkii Vir1-61J.11d
Ui n-Cam:A Pit—, E ok,c.
1 "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Govemment Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (ill) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the 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 pu •oses of processing and evaluating this application.
Property Owner's Signature (
Si rs rl��e f
Print Name
(AIR reff
da!'P (2"«Irene rr ✓�
afferent than applicant) Print Name
Conditional Use Peril Application
Page 10 of 10
Revised 7/3/2007
DISCLOSURE STATEMENT
JOSEPH CASTILLO
Agenda Item 5
Page 8
Item #5
Joseph Castillo
Conditional Use Permit
128 Dorset Avenue
District 4
Bayside
February 13, 2013
CONSENT
An application of Joseph Castillo for a Conditional Use Permit (Automotive Repair
Garage) on property located at 128 Dorset Avenue, District 4, Bayside. GPIN:
14770411270000.
CONDITIONS
1. All motor vehicle repair must take place inside the building.
2. No outside storage of equipment, parts, or materials shall be permitted.
3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If
vehicles in this condition require storage, then such vehicles shall be stored within the
building.
4. No tires for sale, merchandise, or parts shall be displayed or stored outside.
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 9 NAY O
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS
ABS 0 ABSENT 2
ABSENT
Item #5
Joseph Castillo
Page 2
REDMOND AYE
RIPLEY
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
ABSENT
By a vote of 9-0, the Commission approved item 5 by consent.
There was no representative present for this application.
Subdivision Variance
ITEM: MATTHEW W. & KELLY H. TIFFANY (Applicant & Owner), Variance to the
Subdivision Ordinance, Section 4.4 (d), which requires lots to have direct access
to a public street. 3905 Richardson Road (GPIN 1488158534). BAYSIDE DISTRICT.
MEETING DATE: March 12, 2013
• Background:
It is the intent of the applicants to legally establish one lot that currently consists
of two parcels created by deed without the benefit of a subdivision plat. The two
parcels were created by deeds recorded in 1960 and 1963.
The combined area of the two parcels is 2.1 acres, and the site was occupied by
a single-family dwelling until its recent demolition. A pier that served the single-
family dwelling remains at the Lynnhaven River shoreline. The site is accessed
via a 24 -foot private road that runs from the end of Richardson Road. The private
roadway also provides access to a lot to the north that is occupied by a single-
family dwelling.
• Considerations:
The applicant's purpose in combining the two existing parcels to create one
legally established lot is to construct a new single-family dwelling. The applicants
submitted a Single -Family Site Plan to the Planning Department for the
construction of the new dwelling. A Subdivision Plat was also submitted for the
purpose of vacating the internal property line and creating what was assumed to
be two legally established lots. During the plat review, staff determined that the
existing lots were created by deed instead of a subdivision plat as required.
Thus, in addition to serving the purpose of vacating an internal lot line, the
submitted Subdivision Plat will also legally establish a 2.1 -acre single-family lot.
The new lot, however, will not be located on a public street, which is a
requirement of Section 4.4(d) of the Subdivision Ordinance. The lot, therefore,
cannot be created without the granting of a variance to this provision of the
Subdivision Ordinance. In all other respects, the new parcel will meet all current
minimum lot area requirements of the Zoning Ordinance.
There was no opposition to the request.
• Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 9-0, to recommend approval of this request to the
City Council with the following conditions:
Matthew W. & Kelly M. Tiffany
Page 2 of 2
The site shall be developed substantially in accordance with the submitted
resubdivision plan entitled "Resubdivision of Parcel Designated as 2.1+/-
(D.B. 1453, Pg. 514), dated October 15, 2012, prepared by Blakeway
Corp. Said plan has been exhibited to the Virginia Beach Planning
Commission and City Council and is on file in the Planning Department.
• 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 ,
BAYS(DE
Ma F;-5
Subd(W ion Variance
7
February 13, 2013 Public Hearing
APPLICANT/PROPERTY OWNER:
MATTHEW W. &
KELLY M. TIFFANY
STAFF PLANNER: Ray Odom
REQUEST:
Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance, which requires that all newly created lots
have direct access to a public street.
ADDRESS / DESCRIPTION: 3905 Richardson Road
GPIN: ELECTION DISTRICT: SITE SIZE:
14881585340000 BAYSIDE 2.1 acres
4
AICUZ:
Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
It is the intent of the applicants to legally establish one lot that currently consists of two parcels created by
deed without the benefit of a subdivision plat. The two parcels were created by deeds recorded in 1960
and 1963.
Existing Lot: The combined area of the two parcels is 2.1 acres, and the site was occupied by a single-
family dwelling until its recent demolition. A pier that served the single-family dwelling remains at the
Lynnhaven River shoreline. The site is accessed via a 24 -foot private road that runs from the end of
Richardson Road. The private roadway also provides access to a lot to the north that is occupied by a
single-family dwelling.
Proposed Lot: The applicant's purpose in combining the two existing lots and creating one legally
established lot is to construct a new single-family dwelling. The applicants submitted a Single -Family Site
Plan to the Planning Department for the construction of the new dwelling. A Subdivision Plat was also
submitted for the purpose of vacating the internal property line and creating what was assumed to be two
legally established lots. During the plat review, staff determined that the existing lots were created by
deed instead of by a subdivision plat as required. Thus, in addition to serving the purpose of vacating an
internal lot line, the submitted Subdivision Plat will also legally establish a 2.1 -acre single-family lot. The
new lot, however, will not be located on a public street, which is a requirement of Section 4.4(d) of the
Subdivision Ordinance. The lot, therefore, cannot be created without the granting of a variance to this
MATTHEW W. & KELLY M. TIFFANY
Agenda Item 7
Page 1
provision of the Subdivision Ordinance. In all other respects, the new parcel will meet all current minimum
lot area requirements of the Zoning Ordinance.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Single-family residential
SURROUNDING LAND North:
USE AND ZONING: South:
East:
West:
• Single-family home / R-40 Residential District
• Undeveloped / R-40 Residential District
• Single-family home / R-40 Residential District
• Lynnhaven River
NATURAL RESOURCE AND The site is located within the Resource Protection Area of the
CULTURAL FEATURES: Chesapeake Bay Preservation Area.
•
COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area and
contains policies to guide and protect the future physical character of this area. The overriding objective of
these policies is to protect the predominantly suburban character that is defined, in Targe measure, by the
stable neighborhoods of our community. The Comprehensive Plan recognizes the primacy of preserving and
protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the
Suburban Area. This request to redevelop a single-family lot is consistent with the Comprehensive Plan's land
use policies for the Suburban Area.
4
IMPACT ON CITY SERVICES
WATER: This site must connect to City water. There is a four inch City water line fronting this site within a 30 -
foot public utility easement.
SEWER: This site must connect to City sanitary sewer. There is an eight inch City sanitary sewer line fronting
this site within a 30 -foot public utility easement.
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.
0
MATTHEW W. & KELLY M. TIFFANY
Agenda Item 7
Page 2
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
It is the intent of the applicants to legally establish one lot that currently consists of two parcels created by
deed without the benefit of a subdivision plat. The two parcels were created by deeds recorded in 1960
and 1963. The site was occupied by a single-family dwelling until its recent demolition. The site is
accessed via a 24 -foot private road that runs from the end of Richardson Road.
The applicant's purpose is to create one legally established lot on which they can construct a new single-
family dwelling. The applicants submitted a Single -Family Site Plan to the Planning Department for the
construction of the new dwelling. A Subdivision Plat was also submitted to vacate the lot line between
what was thought to be two legally established lots; however, during the review of that plat, staff
determined the two parcels were created by deed. A new lot, therefore, must be created and recorded.
The new lot, however, will not be located on a public street, which is a requirement of Section 4.4(d) of
the Subdivision Ordinance. The lot, therefore, cannot be created without the granting of a variance to this
provision of the Subdivision Ordinance. In all other respects, the new parcel will meet all current minimum
lot area requirements of the Zoning Ordinance.
Staff recommends approval of this request with the below condition.
CONDITION
The site shall be developed substantially in accordance with the submitted resubdivision plan entitled
"Resubdivision of Parcel Designated as 2.1+/- (D.B. 1453, Pg. 514), dated October 15, 2012, prepared
by Blakeway Corp. Said plan has been exhibited to the Virginia Beach Planning Commission and City
Council and is on file in the Planning Department.
MATTHEW W. & KELLY M. TIFFANY
Agenda Item 7
Page 3
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
MATTHEW W. & KELLY M. TIFFANY
Agenda Item 7
Page 4
AERIAL OF SITE LOCATION
MATTHEW W. & KELLY M. TIFFANY
Agenda Item 7
Page 5
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PROPOSED RESUBDIVISION PLAN
"‘A
MATTHEW W. & KELLY M. TIFFANY
Agenda Item 7
Page 6
i 44•1•41t4I44.44444.
BAYS! DE
Map F-5
Map Not to Scale
Matthew W. & Kelly M. Tiffany
'Zoning with Conditions.Proffers, Open
Space Promotion or PDH -2 Overlays
Subdivision Variance
ZONING HISTORY
There is no zoning history to report.
MATTHEW W. & KELLY M. TIFFANY
Agenda Item 7
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)
I] Check here if the applicant is NOTa 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)
CJ✓ Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1
& 2 See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes No
If yes, what is the name of the official or employee and the nature of their interest?
Subdivision Vwwiance application
Page 9 o1 10
Revised 8111108
P;1744
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DISCLOSURE STATEMENT
MATTHEW W. & KELLY M. TIFFANY
Agenda Item 7
Page 8
1.117:
0.4W-4
O
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)
Blakeway Corporation
Strickland Custom Homes
Great Neck Pacts
1 'Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship' means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: 1 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
Planninto ra. • : • vie the site for purposes of processing and evaluating this application.
OCI
cop
jeerAgreici•``2S ,,
ner ign• ure "afferent than applicant) Print Name
SubdMiston Variance Application
Page 10 of 10
DISCLOSURE STATEMENT
MATTHEW W. & KELLY M. TIFFANY.
Agenda [tern 7
Page 9
Item #7
Matthew W. & Kelly M. Tiffany
Subdivision Variance
3905 Richardson Road
District 4
Bayside
February 13, 2013
CONSENT
An application of Matthew W. & Kelly M. Tiffany for a Subdivision Variance to Section
4.4(d) of the Subdivision Variance, which requires that all newly created lots have direct
access to a public street on property located at 3905 Richardson Road, District 4,
Bayside. GPIN: 14881585340000.
CONDITION
The site shall be developed substantially in accordance with the submitted resubdivision
plan entitled "Resubdivision of Parcel Designated as 2.1+/- (D.B. 1453, Pg. 514), dated
October 15, 2012, prepared by Blakeway Corp. Said plan has been exhibited to the Virginia
Beach Planning Commission and City Council and is on file in the Planning Department.
NOTE: Further conditions may be required during the administration of applicable
City Ordinances. Plans submitted with this rezoning application may require revision
during detailed site plan review to meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office
within the Police Department for crime prevention techniques and Crime Prevention
Through Environmental Design (CPTED) concepts and strategies as they pertain to
this site.
AYE 9 NAY 0 ABS 0 ABSENT 2
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS ABSENT
REDMOND AYE
RIPLEY ABSENT
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
By a vote of 9-0, the Commission approved item 7 by consent.
Steve Blevins appeared before the Commission on behalf of the applicant.
11 I
II
C
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH, An Ordinance to Amend and Reordain Section
5B.5 of the Site Plan Ordinance Pertaining to Standards for Shoreline
Stabilization and Maintenance Projects in the Floodplains Subject to Special
Restrictions.
MEETING DATE: March 12, 2013
• Background:
This amendment revises Section 5B.5 of the Site Plan Ordinance, which provides
the regulations applicable to the Floodplains Subject to Special Restrictions.
Such floodplains are those located in these areas:
(1) North Landing River and its tributaries south of Lynnhaven Parkway;
(2) West Neck Creek and its tributaries south of Shipps Corner Road, London
Bridge Road and that portion of Dam Neck Road east of its intersection
with London Bridge Road; and
(3) Bays, creeks, lakes, guts, coves, wetlands, marshes and swamps and
their tributaries comprising the Back Bay watershed south of South
Birdneck Road and east of Princess Anne Road and General Booth
Boulevard
The proposed amendments pertain to shoreline stabilization in these areas.
• Considerations:
The amendments will allow the Planning Director to approve shoreline erosion
projects, such as riprap and bulkheads, in the Floodplain Subject to Special
Restrictions (Section 5B.5 of the Site Plan Ordinance). This issue is of increasing
concern, as these projects, most of which are on single-family residential lots, are
not able to meet the criteria for an administrative exception and would otherwise
require the granting of a floodplain variance from the City Council.
There was no opposition to the request.
• Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 9-0, recommends approval of this request to the
City Council.
City of Virginia Beach — Amendment to Section 5B.5
Page 2of2
• Attachments:
Staff Review
Minutes of Planning Commission Hearing
Ordinance
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department
City Manager:
19
February 13, 2013 Public Hearing
CITY OF VIRGINIA BEACH
AMENDMENT TO SECTION 5B.5 OF THE
SITE PLAN ORDINANCE / SHORELINE STABLIZATION
REQUEST:
An Ordinance to Amend and Section 5B.5 of the Site Plan Ordinance Pertaining to Standards for
Shoreline Stabilization and Maintenance Projects in the Floodplains Subject to Special Restrictions.
SUMMARY OF AMENDMENT
This amendment will allow shoreline erosion projects, such as riprap and bulkheads, to be approved in
the Floodplain Subject to Special Restrictions (Section 5B.5 of the Site Plan Ordinance) by the Planning
Director. This issue has been a concern, as these projects are not able to meet the criteria for an
administrative exception and would otherwise require the granting of a floodplain variance from the City
Council.
Staff recommends approval.
RECOMMENDATION
CITY OF VIRGINIA BEACH / Section 5B.5
Shoreline Stabilization
Agenda Item 19
Page 1
Item #19
City of Virginia Beach
Amendment to Section 5B.5 of the Site Plan Ordinance/Shoreline Stabilization
February 13, 2013
CONSENT
An Ordinance to Amend and Section 5B.5 of the Site Plan Ordinance Pertaining to
Standards for Shoreline Stabilization and Maintenance Projects in the Floodplains
Subject to Special Restrictions.
SUMMARY OF AMENDMENT
This amendment will allow shoreline erosion projects, such as riprap and bulkheads, to
be approved in the Floodplain Subject to Special Restrictions (Section 5B.5 of the Site
Plan Ordinance) by the Planning Director. This issue has been a concern, as these
projects are not able to meet the criteria for an administrative exception and would
otherwise require the granting of a floodplain variance from the City Council.
AYE 9 NAY 0 ABS 0 ABSENT 2
BERNAS AYE
FELTON AYE
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS
REDMOND AYE
RIPLEY
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
ABSENT
ABSENT
By a vote of 9-0, the Commission approved item 19 by consent.
Stephen White appeared before the Commission.
1 AN ORDINANCE TO AMEND SECTION 5B.5
2 OF THE SITE PLAN ORDINANCE
3 PERTAINING TO STANDARDS FOR
4 SHORELINE STABILIZATION AND
5 MAINTENANCE PROJECTS IN THE
6 FLOODPLAINS SUBJECT TO SPECIAL
7 RESTRICTIONS
8
9 Section Amended: Site Plan Ordinance
10 Section 56.5
11
12 WHEREAS, the public necessity, convenience, general welfare and good zoning
13 practice so require;
14
15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
17
18 That Section 5B.5 of the Site Plan Ordinance is hereby amended and reordained
19 to read as follows:
20
21 5B.5. Special requirements applicable to the floodplain:
22
23
24 (c) Floodplains subject to special restrictions. Notwithstanding any
25 provision of this section to the contrary, no filling shall be permitted,
26 including filling with material excavated from the same floodplain, in any of
27 the following floodplains:
28
29 (1) North Landing River and its tributaries south of Lynnhaven
30 Parkway;
31
32 (2) West Neck Creek and its tributaries south of Shipps Corner
33 Road, London Bridge Road and that portion of Dam Neck
34 Road east of its intersection with London Bridge Road; and
35
36 (3) Bays, creeks, lakes, guts, coves, wetlands, marshes and
37 swamps and their tributaries comprising the Back Bay
38 watershed south of South Birdneck Road and east of
39 Princess Anne Road and General Booth Boulevard
40
41 except for 1) the purpose of public roadway or other similar public works
42 construction; or 2) the maintenance of beaafide bona fide agricultural
43 ditches or swales, or those ditches required for proper lot drainage; 3) as
44 provided in subsection 5B.5(d); 4) shoreline stabilization or maintenance
45 proiects, such as riprap revetment, bulkheads or other treatment used to
46 stabilize and protect the banks of waterways, provided that the city
47 manager or his designee may approve the placement of fill provided the
48 following criteria are met:
49
50 (a) a copy of an approved joint permit application is
51 submitted;
52 (b) the alignment of the stabilization structure is along the
53 escarpment or in line with adiacent stabilization
54 structures; and
55 (c) the fill must be the minimum necessary to provide
56 relief;
57
58 or 4} 5) the city manager, or his designee, may approve the placement of
59 fill provided that the following criteria are met:
60
61 (a) one hundred (100) percent of the proposed fill within the floodplain
62 must be mitigated to result in no decrease in flood storage.
63
64 (b) The mitigation must also provide a one (1) for one (1) replacement
65 for the flood storage volume of floodplain filled.
66
67 (c) The areas of mitigation or replacement must be contiguous to the
68 existing floodplain.
69
70 (d) The proposed fill within the floodplain must be limited to the
71 smallest amount of area and fill possible to correct irregularities
72 within the boundary of the project, and shall not exceed five (5)
73 percent of the total area within the flood fringe located on the
74 property to be filled.
75
76 (e) One hundred (100) percent mitigation must be provided on-site.
77
78 ....
79
2
80 COMMENT
81
82 This amendment will allow shoreline erosion projects, such as riprap and bulkheads to be
83 approved in the floodplain subject to special exceptions by the Planning Director. This has been a
84 concern, as these projects are unable to meet the criteria for an administrative exception and would
85 require a variance to the ordinance from the City Council.
86
87 The floodplain coordinator from the Virginia Department of Conservation and Recreation
88 and staff from FEMA, Region 3 have indicated that this type of exception will not cause a problem
89 with the City's compliance to the floodplain regulations.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2013.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFIOIENCY:
Planning epartment Cityy\ttorney's Office
p artment �I
CA12384
R-4
January 18, 2013
3
M. APPOINTMENTS
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N. UNFINISHED BUSINESS
0. NEW BUSINESS
P. ADJOURNMENT
PUBLIC COMMENT
Non -Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
**********************************
March 27 Proposed Budget Presented to City Council
April 3 Budget Workshop
April 5 Budget Open House (all departments)
April 10 Budget Workshop
April 17 Budget Workshop
April 19 Budget Public Hearing
April 24 Budget Workshop and Public Hearing
May 1 Budget Reconciliation Workshop
May 8 Budget Adoption
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and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303