MAY 28, 2013 CITY COUNCIL 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, AI -Large
ROBERT M. DYER, Centerville - District I
BARBARA M. HENLEY, Princess Anne District 7
JOHN DMOSS, At -Large
AMELIA ROSS-HAMMOND, Kempsville - District 2
JOHN E. UHRIN, Beach - District 6
ROSEMARY WILSON, At -Large
JAMES L- WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K. SPORE
0111' ATTORNEY - MARK D. STILES
CITY ASSESSOR JERALD D. BANAGAN
C'IT'Y AUDITOR LYNDON S. REMIAS
CITY CLERK RUTH HODGES ERASER, MMC
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
28 MAY 2013
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
IV.
CITY MANAGER'S BRIEFINGS - Conference Room -
A. UPCOMING PLANNING ITEMS
Jack Whitney, Director - Planning Department
B. STORMWATER MEMORANDUM OF AGREEMENT
William J. Johnston, NPDES Administrator — Public Works
C. WASTE COLLECTION FEE
Phillip A. Davenport, Interim Director — Public Works
CITY COUNCIL COMMENTS
CITY COUNCIL AGENDA REVIEW
INFORMAL SESSION
A.
B.
C.
- Conference Room -
CALL TO ORDER — Mayor William D. Sessoms, Jr.
ROLL CALL COUNCIL
RECESS TO CLOSED SESSION
4:00 PM
5:30 PM
V. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Rodney Puckett
Pastor
Avalon Hills Bible Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS May 14, 2013
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATION
1. RESOLUTION
Law Enforcement Day
I. PUBLIC HEARING
1. LEASE OF CITY OWNED PROPERTY
1541 New York Avenue and 200 Webster Place
J. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND Section 35-186 of the City Code re admissions tax
2. Resolution for a Plan of Financing with the Development Authority and to AUTHORIZE
the execution and delivery of same
3. Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of
Agreement establishing the Hampton Roads Regional Stormwater Management
Program
4. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases:
a. Virginia Beach Community Development Corporation re use of residential
properties at 1541 New York Avenue and 200 Webster Place
b. AH Sandbridge, LLC re right-of-way at 2101 Princess Anne Road to erect
temporary signage
c. Virginia Gentlemen Foundation, Inc. re developing and operating a Camp for
children with special needs and disabled Veterans at Prosperity Road
5. Ordinance re the Voluntary ACQUISITION of Properties at 516, 517, 520, 521 and 524
Downey Drive and TRANSFER $1,325,000 from the Princess Anne Road/Kempsville
Road intersection improvements to various site acquisitions, Phase II
6. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned
property for KAREN M. FLEMING to construct and maintain rip rap and a proposed
dock at Lake Holly, 341 Lake Drive
DISTRICT 6 - BEACH
7. Ordinances to ACCEPT and APPROPRIATE:
a. $128,000 from the Virginia E-911 Services Board PSAP Grant to Emergency
Communications and Citizen Services to upgrade/replace the 911 Call Center
equipment
b. $189,740 re additional revenue from the sale of salvage materials for Fleet
Management asset replacement
8. Ordinances to TRANSFER:
a. $1,080,000 from the Greenwich Road crossover and Cleveland Street intersection
improvements to Laskin Road Gateway, Phase I -A
b. $140,000 within the Sheriffs Office re additional part-time employees
K. PLANNING
1. Application of JASON GENTRY/MARK and NANCY VAUGHAN for Variances to
Section 4.4 (d), which requires that lots have direct access to a public street and Section 4.4
(b), which requires that all lots meet the requirements of the City Zoning Ordinance (CZO)
re parcels placed in the Agricultural Reserve Program at 2253 Vaughan Road
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION APPROVAL
2. Application of GALLEON INVESTORS IX, LLC for a Variance to Section 4.1(m)(1)
and 4.4(b) to resubdivide property at 522 25th Street
DISTRICT 6 - BEACH
STAFF RECOMMENDATION
PLANNING COMMISSION RECOMMENDATION
DENIAL
APPROVAL
3. Application of BISHOP SULLIVAN CATHOLIC HIGH SCHOOL / CATHOLIC
DIOCESE OF RICHMOND for a Modification of a Conditional Use Permit for a private
high school (approved on April 28, 1992) to ADD to the building and athletic fields at
4552 Princess Anne Road
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION APPROVAL
4. Application of SANDRA MANBY WOLFORD for a Conditional Use Permit re a Child
Daycare at 528 Gotham Road
DISTRICT 5 - LYNNHAVEN
RECOMMENDATION APPROVAL
5. Application of DONA L. COX for a Conditional Use Permit re a Child Daycare at 453
Cummings Road
DISTRICT 5 — LYNNHAVEN
RECOMMENDATION APPROVAL
6. Application of THEO'S PLAZA for a Conditional Use Permit re vehicle sales, service,
and bulk storage at 5045 Virginia Beach Blvd
DISTRICT 4 - BAYSIDE
RECOMMENDATION APPROVAL
7. Application of VERDAD REAL ESTATE, INC. /SUSAN CHONG for a Conditional
Use Permit for a gas station (fuel sales) with convenience store at 6084 Indian River Road
DISTRICT 1 - CENTERVILLE
RECOMMENDATION APPROVAL
8. Application of ARMADA HOFFLER DEVELOPMENT COMPANY, L.L.C. / DAVID
B., LUKE H. and SUSIE WOOD HILL for a Conditional Change of Zoning from AG -2
Agricultural and B-2 Community Business to B-2 Community Business re a shopping
center at 2101 Princess Anne Road
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION APPROVAL
L. APPOINTMENTS
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
PARKING ADVISORY COMMITTEE
SOCIAL SERVICES BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
0. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
*******************************
2013 CITY HOLIDAYS
Independence Dav - Tluursday, July 4
Labor Day - Monday, September 2
Vete r ins Day - ,iIonday, November 11
Thanksgiving Day & Day after Thanksgiving -
Thursday, ,November 28 & Friday, November 29
Christmas Eve (half-day) - Tuesday, December 24
Christmas Day - Wednesday, December 25
05/28/2013gw
I. CITY MANAGER'S BRIEFINGS
- Conference Room - 4:00 PM
A. UPCOMING PLANNING ITEMS
Jack Whitney, Director - Planning Department
B. STORMWATER MEMORANDUM OF AGREEMENT
William J. Johnston, NPDES Administrator — Public Works
C. WASTE COLLECTION FEE
Phillip A. Davenport, Interim Director — Public Works
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION
- Conference Room - 5:30 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Rodney Puckett
Pastor
Avalon Hills Bible Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS May 14, 2013
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATION
1. RESOLUTION
Law Enforcement Day
_RLSOL UTION
WHEREAS: Law Enforcement United, a 501 (c) 3 non-profit tax exempt
organization, was founded by active and retired local, state and federal Law
Enforcement Officers to honor the dedicated, unselfish service and sacrifices of those
Officers who gave their lives in the line of duty as well as support to and for their
survivors. Although life insurance and "line of duty benefits" help cover final
expenses, these are not enough nor do they fill the void felt by the untimely loss of a
loved one. Many families have to struggle to move beyond their grief; however, this
non-profit agency lends assistance with resources for the C.O.P.S. Kids Camp for
surviving children as well as active duty Officers to help prevent injuries and deaths;
WHEREAS: Law Enforcement United is operated solely by Volunteers and relies on
charitable donations to support their annual "Road to Hope", an approximate two
hundred fifty mile bicycle ride from Chesapeake, Virginia, to Washington, D. C.;
WHEREAS: The "Road to Hope" ride is to raise public awareness, and the results
of this ride provides donations to Concerns of Police Survivors [C.O.P.S.J, Officer
Down Memorial Page [OEMPJ, the National Law Enforcement Officer Memorial and
other charities; and,
WHEREAS: Since January 1, 2012, seventeen Officers across the United States
have lost their lives in the line of duty, equating to one officer lost every 3.6 days. Ten
of these deaths were the direct result of an act of violence. In 2011, overall, in the
United States, one hundred sixty-eight Officers lost their lives while serving their
citizens. In Virginia Beach, three Officers have lost their lives since 2003.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council pauses in its formal deliberations this Twenty-eighth day of May, Two
Thousand Thirteen, to pay tribute to those Officers whose lives were lost to service in
the line of duty, to honor those surviving families and to recognize the Law
Enforcement United organization for their foresight, dedication to purpose and
charitable efforts.
BE IT FURTHER RESOLVED: That the Mayor and Members of City Council
hereby declare this Twenty-eighth day of May, Two Thousand Thirteen, as:
LAW ENFORCEMENT DAY
Councilman Glenn R; Davis Councilman 7Nillinm R 'Bill" DeSteph Councilman Robert M 'Bob' Dyer
Council Lady Barbara Henley
Councilman John L 4lkrin
Councilnanyo[m D. Moss Dr. Amelia N Ross -Hammond
Council Lady Rosemary Wilson Councilman5ames L. 'Wood
Nice Mayor Louis R: yones Mayor William D. 'Will' Sessoms
I. PUBLIC HEARING
1. LEASE OF CITY OWNED PROPERTY
1541 New York Avenue and 200 Webster Place
PUBLIC HEARING
LEASE OF CITY PROPERTY
The Virginia Beach City Council will
hold a PUBLIC HEARING on the
proposed leasing of City -owned
property on Tuesday, May 28, 2013,
at 6:00 P.M. in the Council Chamber
of the City Hall Building (Building #1)
at the Virginia Beach Municipal
Center, Virginia Beach, Virginia. The
purpose of this Hearing will be to
obtain public comment on the City's
proposal to lease the following
property:
Lot and residence
located at 1541 New
York Ave.; and
Lot and residence
located at 200 Webster
Place
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 711
(Virginia Relay).
Any questions concerning this matter
should be directed to the Facilities
Management Department, Room
228, Building 18, at the Virginia
Beach Municipal Center. The
Facilities Management Office
telephone number is (757)
385-5659.
Ruth Smith Fraser, MMC
City Clerk
Beacon May 19, 2013 23588887
J. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND Section 35-186 of the City Code re admissions tax
2. Resolution for a Plan of Financing with the Development Authority and to AUTHORIZE
the execution and delivery of same
3. Resolution to AUTHORIZE the City Manager to EXECUTE a Memorandum of
Agreement establishing the Hampton Roads Regional Stormwater Management
Program
4. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases:
a. Virginia Beach Community Development Corporation re use of residential
properties at 1541 New York Avenue and 200 Webster Place
b. AH Sandbridge, LLC re right-of-way at 2101 Princess Anne Road to erect
temporary signage
c. Virginia Gentlemen Foundation, Inc. re developing and operating a Camp for
children with special needs and disabled Veterans at Prosperity Road
5. Ordinance re the Voluntary ACQUISITION of Properties at 516, 517, 520, 521 and 524
Downey Drive and TRANSFER $1,325,000 from the Princess Anne Road/Kempsville
Road intersection improvements to various site acquisitions, Phase II
6. Ordinance to AUTHORIZE temporary encroachments into a portion of City -owned
property for KAREN M. FLEMING to construct and maintain rip rap and a proposed
dock at Lake Holly, 341 Lake Drive
DISTRICT 6 - BEACH
7. Ordinances to ACCEPT and APPROPRIATE:
a. $128,000 from the Virginia E-911 Services Board PSAP Grant to Emergency
Communications and Citizen Services to upgrade/replace the 911 Call Center
equipment
b. $189,740 re additional revenue from the sale of salvage materials for Fleet
Management asset replacement
8. Ordinances to TRANSFER:
a. $1,080,000 from the Greenwich Road crossover and Cleveland Street intersection
improvements to Laskin Road Gateway, Phase I -A
b. $140,000 within the Sheriff's Office re additional part-time employees
CITY OF VIRGINIA BEACH
AGENDA ITEM
J
ITEM: An Ordinance to Amend Section 35-186 of the City Code Pertaining to the
Admissions Tax
MEETING DATE: May 28, 2013
• Background: The Commissioner of the Revenue is charged with the
assessment of the admissions tax within the City. As set forth in City Code § 35-182(e),
the customer is responsible for paying the tax. Businesses that charge admissions are
required to collect, hold such taxes in trust, and remit the taxes to the City on a monthly
basis. The Commissioner of the Revenue makes a concerted effort to educate
businesses that collect cover charges or other similar admissions charges that the
operator of the "place of amusement" is ultimately responsible for collecting admissions
taxes. The City Code defines "place of amusement" as "any place or event open to the
public and located in the city where amusements and entertainments ... are located,
performed, exhibited or conducted." (City Code § 35-182(a)(4).) The attached
ordinance adds language to clarify the responsibility for the collection of the admissions
tax.
• Considerations: The inserted language is consistent with the manner in which
the Commissioner of the Revenue reviews and pursues admissions taxes. The added
text is declarative of existing law.
• Public Information: Public information will be provided through the normal
Council agenda process.
• Recommendations: Adopt the attached ordinance.
• Attachment: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Commissioner of the Revenue'
City Manager:
1 AN ORDINANCE TO AMEND SECTION 35-186 OF
2 THE CITY CODE PERTAINING TO THE
3 ADMISSIONS TAX
4
5 SECTION AMENDED: 35-186
6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8
9 1. That Section 35-186 of the Code of the City of Virginia Beach, Virginia, is hereby
10 amended and reordained to read as follows:
11
12 Sec. 35-186. - Collection.
13 Every person receiving any payment, or any type of compensation other than
14 cash, for any admission, participation in any sport or refreshments, service or
15 merchandise, on which a tax is levied under this article, shall be responsible for
16 collecting the amount of tax imposed by this article from the person making the payment
17 at the time of the payment or compensation for such admission, participation or
18 purchase, and shall be responsible for the payment of such tax if he or she fails to
19 collect same. If tickets or cards of admission are issued, the tax shall be collected at the
20 time for the issuance of such tickets or cards. The taxes required to be collected under
21 this section shall be deemed to be held in trust by the person required to collect the
22 same until remitted as provided in this article. The operator of the "place of
23 amusement" shall be ultimately responsibility for the collection of the tax required by this
24 section and the commissioner of the revenue shall assess such persons or businesses
25 accordingly.
26
27 2. That this amendment is declarative of existing law.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2013.
APPROVED AS TO CONTENT:
Commissioner of the Revenue
CA12657
R-1
May 17, 2013
APP
AS TO LEGAL SUFFICIENCY:
City Att
Office
s
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution Approving a Plan of Financing with the City of Virginia Beach
Development Authority, Approving Certain Documents Prepared in Connection with
Such Financing and Authorizing the Execution and Delivery of the Same
MEETING DATE: May 28, 2013
• Background: City Council through the Capital Improvement Program has
previously authorized the financing of various public facilities with the utilization of
Public Facility Revenue Bonds (PFRB) through the Virginia Beach Development
Authority (VBDA). This resolution requests that the VBDA issue PFRBs to fund certain
City economic development projects, City and Schools facilities, and City and Schools
energy management projects in an amount not to exceed $25 million.
• Considerations: At its meeting on May 21, 2013, the VBDA approved a
resolution for the issuance and sale of this debt conditioned upon Council's approval of
the attached resolution. As with the previous series, the 2013 series will be issued
under the Master Agreement of Trust with a Sixth Supplemental Agreement. Under the
plan of financing, a Fifth Supplemental Support Agreement between VBDA and the City
will outline the City's annual payments to VBDA in amounts sufficient to pay the debt
service on the bonds. The bonds will be sold electronically, by competitive bid on June
5, 2013, on such terms as are satisfactory to the City Manager, provided that the bonds
shall have a true interest cost not to exceed 4.0%. The final terms of the bond sale will
be reported to City Council shortly after pricing.
• Public Information: Public information will be handled through the normal
Council agenda process. Additionally, the Resolution authorizes a distribution of the
Preliminary Official Statement for marketing purposes, and a Notice of Sale will be
placed in The Bond Buyer.
• Alternatives: Because the City will issue most of this debt on a reimbursement
basis, an alternative funding source would be required if the use of PFRB financing is
not approved, and there are no alternative funding sources at this time.
• Attachments: Resolution; Project List; Draft of Sixth Supplemental Trust
Agreement; and Draft of Fifth Supplemental Support Agreement
Recommended Action: Approval
Submitting Department/Agency: Financ� iACC,(<26
\z1`
City Manager:
RESOLUTION APPROVING A PLAN OF FINANCING WITH THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY,
APPROVING CERTAIN DOCUMENTS PREPARED IN
CONNECTION WITH SUCH FINANCING AND AUTHORIZING
THE EXECUTION AND DELIVERY OF THE SAME
WHEREAS, the City of Virginia Beach, Virginia (the "City") desires to undertake, in
connection with the City of Virginia Beach Development Authority (the "Authority"), the
financing of various public facilities from time to time, including, energy management upgrades
and improvements for energy consumption savings in City and public school facilities;
improvements to Centerville Turnpike; construction and equipping of a fire and rescue station at
Town Center; building systems repairs, improvements and replacements at the 'Virginia
Aquarium; design and construction of improvements to the Bow Creek Community Recreation
Center; funding for planning, design, construction or replacement of public infrastructure and
property acquisition for the City's Strategic Growth Area Program; Burton Station Road and
Laskin Road roadway and utility services improvements; and construction of a replacement
facility and related improvements for the consolidation of Old Donation Center and Kemps
Landing Magnet (collectively, the "2013 Projects"); and
WHEREAS, the Authority, pursuant to Chapter 643 of the Virginia Acts of Assembly of
1964, as amended (the "Act"), under which it is created, is authorized to acquire, improve,
maintain, equip, own, lease and dispose of "Authority facilities," as defined in the act, to finance
or refinance such facilities, to issue its revenue bonds, notes and other obligations from time to
time for such purposes and to pledge all or any part of its assets, whether then owned or
thereafter acquired, as security for the payment of the principal of and interest on any such
obligations; and
WHEREAS, in furtherance of the purposes of the Act, the City requests the Authority's
assistance through the issuance of its public facility revenue bonds in the maximum principal
amount of $25,000,000 (the "Series 2013 Bonds") in financing the 2013 Projects; and
WHEREAS, the City desires to complete the financing of the 2013 Projects within the
current fiscal year ending June 30, and in furtherance of such objective, the Authority at its May
21, 2013 meeting, upon presentation of the City's proposed financing plan by representatives of
the City, approved the issuance of the Series 2013 Bonds for such purposes, subject to approval
of the financing plan by the City Council of the City (the "City Council"); and
WHEREAS, there have been provided or made available to City Council of the City
drafts of the following documents (the "Documents"), proposed in connection with the
undertaking of the 2013 Projects and the issuance and sale of the Series 2013 Bonds, which
Documents were provided to the Authority in connection with the Authority's approval:
(a) Sixth Supplemental Agreement of Trust draft dated June 1, 2013 (the "Sixth
Supplemental Agreement"), supplementing the Agreement of Trust dated as of
September 1, 2003, as previously supplemented, including the form of the Series
2013 Bonds (collectively, the "Trust Agreement"), all between the Authority and
U.S. Bank National Association (successor to Wachovia Bank, National
4852-7322-5747.2
Association), as successor trustee (the "Trustee"), pursuant to which the Series
2013 Bonds are to be issued and which is to be acknowledged and consented to
by the City;
(b) Fifth Supplemental Support Agreement draft dated June 1, 2013, supplementing
and amending the Support Agreement dated as of September 1, 2003, as
previously supplemented and amended (the "Support Agreement"), all between
the Authority and the City pursuant to which the City will make annual payments
to the Authority in amounts sufficient to pay the principal of and interest on the
Series 2013 Bonds;
(c) Preliminary Official Statement draft dated May 17, 2013, of the Authority relating
to the public offering of the Series 2013 Bonds (the Preliminary Official
Statement"); and
(d) Continuing Disclosure Agreement draft dated June 1, 2013, the form of which is
appended to the Preliminary Official Statement, pursuant to which the City agrees
to undertake certain continuing disclosure obligations with respect to the Series
2013 Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The following plan for financing the 2013 Projects is hereby approved. The
Authority will issue the Series 2013 Bonds in a maximum aggregate principal amount not to
exceed $25,000,000. The Authority will use the proceeds of the Series 2013 Bonds to finance
the costs of the 2013 Projects. Pursuant to the Support Agreement, the City will make Annual
Payments and Additional Payments (as each is defined in the Support Agreement) to the
Authority in amounts sufficient to amortize the Series 2013 Bonds and to pay the fees or
expenses of the Authority and the Trustee. The obligation of the Authority to pay principal of
and premium, if any, and interest on the Series 2013 Bonds will be limited to Annual Payments
and Additional Payments received from the City. The Series 2013 Bonds will be secured by an
assignment of the Annual Payments and certain Additional Payments due under the Support
Agreement, all for the benefit of the holders of the Series 2013 Bonds. The undertaking by the
City to make Annual Payments and Additional Payments will be subject to the City Council
making annual appropriations in amount sufficient for such purposes. The plan of financing for
the 2013 Projects shall contain such additional requirements and provisions as may be approved
by the City.
2. The City Council, while recognizing that it is not empowered to make any binding
commitment to make appropriations beyond the current fiscal year, hereby states its intent to
make annual appropriations in future fiscal years in amounts sufficient to make all payments due
under the Support Agreement and hereby recommends that future City Councils do likewise
during the term of the Support Agreement.
3. The City Manager is hereby authorized to execute the Documents, which shall be
in substantially the forms provided or made available to City Council, which are hereby
2
4852-7322-5747.2
approved, with such completions, omissions, insertions and changes, including changes to the
dates thereof, not inconsistent with this Resolution as may be approved by the City Manager, his
execution to constitute conclusive evidence of his approval of any such completions, omissions,
insertions and changes.
4. (a) In making completions to the Support Agreement, the City Manager, in
collaboration with the Financial Advisor, shall provide for Annual Payments in amounts
equivalent to, and at all times sufficient to make, the payments on the Series 2013 Bonds, which
shall be sold to the purchaser or purchasers thereof on teems as shall be satisfactory to the City
Manager; provided the Series 2013 Bonds (i) shall mature not later than December 1, 2033, (ii)
have a "true" or "Canadian" interest cost not exceeding 4.0% (taking into account any original
issue discount and premium), (iii) be sold to the purchaser or purchasers thereof at a price not
less than par or 100% of the aggregate principal amount thereof and (iv) shall be subject to
optional redemption beginning no later than and continuing after December 1, 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. The City Manager is further authorized to
approve the principal amounts, maturity schedules and interest payment dates, including
determination of any serial maturities and any term maturities, for the Series 2013 Bonds and, in
consultation with the Financial Advisor, to provide for the issuance of the Series 2013 Bonds in
one or more series at the same time or at different times, with appropriate series designations, as
the City Manager determines to be necessary or appropriate and in the best interest of the City.
(b) The Series 2013 Bonds shall be sold by competitive bid in the principal
amount determined by the City Manager, in collaboration with the Financial Advisor, and the
City Manager shall receive bids and award the Series 2013 Bonds to the bidder providing the
lowest "true" or "Canadian" interest cost, subject to the limitations set forth in the paragraph
above. Following the sale of the Series 2013 Bonds, the City Manager shall file a certificate with
the City Clerk setting forth the final terms of the Series 2013 Bonds. The actions of the City
Manager in approving the terms of the Series 2013 Bonds shall be conclusive, and no further
action shall be necessary on the part of the City Council.
5. The Preliminary Official Statement in the form provided or made available to City
Council is approved with respect to the information contained therein pertaining to the City. The
Preliminary Official Statement in form deemed to be "near final," within the meaning of Rule
15c2-12 of the Securities and Exchange Commission (the "Rule"), with such completions,
omissions, insertions and changes not inconsistent with this Resolution as may be approved by
the City Manager is authorized to be distributed in connection with the marketing and sale of the
Series 2013 Bonds. Such distribution shall constitute conclusive evidence that the City has
deemed the Preliminary Official Statement to be final as of its date within the meaning of the
Rule, with respect to the information therein pertaining to the City. The City Manager is
authorized and directed to approve such completions, omissions, insertions and other changes to
the Preliminary Official Statement that are necessary to reflect the terms of the sale of the Series
2013 Bonds, determined as set forth in paragraph 4, and the details thereof and that are
appropriate to complete it as an official statement in final form (the "Official Statement") and
distribution thereof to the purchaser or purchasers of the Series 2013 Bonds shall constitute
conclusive evidence that the City has deemed the Official Statement final as of its date within the
meaning of the Rule.
3
4852-7322-5747.2
6. The City covenants that it shall not take or omit to take any action the taking or
omission of which shall cause the Series 2013 Bonds to be "arbitrage bonds" within the meaning
of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code), and regulations
thereunder, or otherwise cause interest on the Series 2013 Bonds to be includable in the gross
income for Federal income tax purposes of the registered owners thereof under existing law.
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 Unites States of America any part of the
earnings derived from the investment of the gross proceeds of the Series 2013 Bonds. The City
shall pay from its legally available general funds any amount required to be rebated to the United
States of America pursuant to the Code.
7. To ensure compliance with federal tax law after the Series 2013 Bonds are issued,
the City Manager, Director of Finance and other officers of the City are authorized and directed
to apply the Post -Issuance Compliance Policies and Procedures adopted by Council on March
13, 2012 to monitor the use of the proceeds of the Series 2013 Bonds, including the use of the
projects financed with such proceeds, and to monitor compliance with arbitrage yield restriction
and rebate requirements.
8. The Director of Finance is authorized 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 Series 2013 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.
9. Any authorization herein to execute a document shall include authorization to
deliver it to the other parties thereto and to record such document where appropriate.
10. All other acts of the City Manager, the Director of Finance and other officers of
the City that are in conformity with the purposes and intent of this Resolution and in furtherance
of the issuance and sale of the Series 2013 Bonds and the undertaking of the 2013 Projects are
hereby approved and ratified.
11. The City Manager is authorized and directed to cause a certified copy of this
Resolution to be filed with the Authority to evidence the City Council's request for assistance
and approval of the plan of financing for the 2013 Projects through the issuance by the Authority
of the Series 2013 Bonds.
12. This Resolution shall take effect immediately.
4
4852-7322-5747.2
Adopted by the City Council of the City of Virginia Beach, Virginia, this day of May,
2013.
APPROVED AS TO CONTENT:
Finance Department
4852-7322-5747.2
APPROVED AS TO LEGAL
SUFEICI CY:
5
City ttirney's Office
CERTIFICATE
The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the
"City Council"), certifies that:
1. A meeting of the City Council was held on May , 2013, at the time and place
established and noticed by the City Council, at which the members of the City Council were
present or absent as noted below. The foregoing Resolution was adopted by a majority of the
members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes
of the meeting as shown below:
PRESENT/ABSENT: VOTE:
William D. Sessoms, Jr., Mayor /
Louis R. Jones, Vice Mayor /
Glenn R. Davis /
Bill R. DeSteph /
Robert M. Dyer /
Barbara M. Henley /
John D. Moss /
Amelia N. Ross -Hammond /
John E. Uhrin
Rosemary Wilson
James L. Wood
2. The foregoing Resolution is a true and correct copy of such Resolution as adopted
on May _, 2013. The foregoing Resolution has not been repealed, revoked, rescinded or
amended and is in full force and effect on the date hereof.
WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this
day of May, 2013.
(SEAL)
6
4852-7322-5747.2
Clerk, City Council of the City of Virginia
Beach, Virginia
City Projects to be Financed with Public Facility Revenue Bonds
Project
Number
Project Name
Description
Total
ProgrammedFinancing
Cost
Total PFRB
Planned
Financing
FY 13 PFRB
3-140
Energy
Performance
Contracts
This project accounts for energy performance
contract in City facilities and Pendleton. The project
includes upgrades and improvements which provide
energy consumption savings. Appropriate debt will
be issued with the source of repayment for the
energy savings. The contract will be evaluated at the
end of 2 years.
$4,583,915
$4,583,915
$486,476
2-409
Centerville
Turnpike
Interim
Improvement
This project will provide two southbound lanes on
Centerville Turnpike from Jake Sears Road to
Broadwindsor Lane as well as a triple left turn lane
at the intersection of Indian River Road and
Centerville Turnpike. This roadway improvement will
be part of a future six -lane section of the roadway.
$606,891
$606,891
$356,782
3-021
Fire and
Rescue Station
- Town Center
This project will construct a 24,500-sq.ft. fire &
rescue station (17,000-sq.ft.) including space for the
Fire Marshal & District Chiefs (7,500-sq.ft.), to
replace the existing 5,027-sq.ft. 4 -bay station built in
1952. The existing station supports 5 fire staff, 2 fire
engines (1 is a spare) & 1 battalion vehicle & officer.
In addition to this staffing, the replacement station
will house 4 firefighters with a new ladder truck, 2 -
to -5 EMS personnel, & 1 ambulance. The facility will
include 4 apparatus bays, kitchen, bunkrooms,
offices, decontamination area, emergency
generator, sprinkler/alarm
system, & a vehicle exhaust removal system.
$9,435,000
$2,253,065
$1,952,664
2-143
Laskin Road
Gateway —
Phase I -A
This project will initially provide streetscape and
other improvements. included within the Gateway
area: a new 190 -foot bridge crossing Little Neck
Creek on Pinewood Road, undergrounding of all
overhead utility lines, a new park, an upsized storm
water drainage system, and new streetscape that
includes brick pavers, LED pedestrian/street lighting,
landscaping, and wide sidewalks. The City's
investment in critical infrastructure improvements
within one of the City's first Strategic Growth Areas
(SGA) will also encourage residential/commercial
redevelopment within the Gateway by private
sources and increase the tax revenue base for the
City.
$39,956,947
$5,744,961
$1,159,953
1
Project
Number
Project Name
Description
Total
Programmed
Cost
Total PFRB
Planned
Financing
FY -13 PFRB
Financing
3-278
VA Aquarium
Renewal &
Replacement —
Phase II
This project is for refurbishment and/or
replacement of "behind the glass" Aquarium -
specific equipment and systems for the operation
of the Virginia Aquarium. Examples of equipment
include animal life support pumps, filters, ozone
systems, radios, ticketing, point-of-sale system
components, exhibit lighting, and computer and
electronic items. Some renewals and
replacements are needed to maintain compliance
with
government (e.g. US Department of Agriculture)
and accreditation agency (e.g. American Zoo and
Aquarium Association) requirements.
$2,325,000
$600,000
$477,592
4-505
Modernization
of Bow Creek
Community
Rec Ctr
This project will fund the design and construction
costs required to tear down and rebuild the Bow
Creek Community Recreation Center and relocate
certain storage facilities on the current site.
$25,123,023
$24,193,061
$9,280,435
9-081
Strategic
Growth Area
Program
This project will provide planning and design
services, build or replace public infrastructure
improvements, and acquire property as needed in
order to support implementation of the Strategic
Growth Area plans. In addition, the project will
provide for consulting and SGA related
initiatives. Priorities for the SGA implementation
plan include Burton Station Village design and
construction, Form Based Zoning, Newtown
SGA Plan, and Wesleyan Drive Improvements.
$17,674,686
$5,814,244
$3,518,1.05
9-085
Burton Station
Road
Improvements
- Ph II
This project will provide basic and long needed
utility services and standard roadway
improvements including curb and gutter, sidewalk
and streetlights necessary to preserve and
revitalize the existing residential community
consistent with the phasing and implementation
goals recommended in the adopted Burton
Station/Northampton Boulevard Corridor Strategic
Growth Area Implementation plan.
$3,250,000
$3,250,000
$23,785
2
Project
NumberFinancing
Project Name
Description
Total
Programmed
Cost
Total PFRB
Planned
Financing
FY 13 PFR3
9-091
Burton Station
Road
Improvements
— Ph III
The purpose of this project is to provide a
connection between Burton Station Road and Air
Rail Drive via an extension of Tolliver Road
(formerly called Golf Course Road) to provide
infrastructure necessary to promote future
development consistent with the phasing and
implementation goals recommended in the
adopted Burton Station/Northampton Boulevard
Corridor Strategic Growth Area Implementation
plan.
$8,500,000
$8,500,000
$261,385
1-001
Renovations
and
Replacements -
Energy Mgmt
This project was created to separately identify
maintenance related projects which have the
potential to produce energy savings. This project
will include ceiling/lighting improvements and
window replacements.
$16,076,286
$500,000
$22,537
1-103
Renovations
and
Replacements
—HVAC Systems
— Ph II
This project provides resources to insure that
adequate heating, cooling, and ventilation is
available in school sites through projects to
provide improved or upgraded HVAC systems in
schools throughout the City.
$51,218,702
$3,600,000
$600,000
1-109
Energy
Performance
Contracts -
Schools
Energy performance contracting involves a vendor
(contractor) conducting a detailed energy audit
and then making improvements to a building that
reduces energy costs. The savings are such that
the cost of the improvements is recaptured within
a reasonable period. The savings are guaranteed
by the contractor, who is required to take out a
performance bond, whereby the shortfall is paid
to the City if the savings do not materialize.
$14,149,705
$2,500,000
$2,500,000
1-233
Consolidated
Old Donation
Center/Kemps
Landing
Magnet
Replacement
This project is for the replacement of Old Donation
Center and Kemps Landing Magnet with a
consolidated facility. Old Donation Center,
originally built in 1965, and Kemps Landing
Magnet, built in 1957, can no longer adequately
house the required instructional programs and the
facilities are in need of replacement. This project
will extend the useful life of the facility by 40 to 50
years.
$63,360,000
$18,400,000
$860,286
TOTAL
$256,260,155
$80,546,137
$21,500,000
3
1
SIXTH SUPPLEMENTAL AGREEMENT OF TRUST
Between
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
And
U.S. BANK NATIONAL ASSOCIATION,
as successor Trustee
Dated as of June 1, 2013
4821-5306-0883.2
Parties
Recitals
Granting Clause
Section 1-101.
Section 1-102.
Section 1-103.
TABLE OF CONTENTS
1
1
1
ARTICLE I
SIXTH SUPPLEMENTAL AGREEMENT
Authorization of Sixth Supplemental Agreement 2
Definitions 2
Rules of Construction. 3
ARTICLE II
AUTHORIZATION, DETAILS AND FORM OF SERIES 2013 BONDS
Section 2-201.
Section 2-202.
Section 2-203.
Section 2-204.
Section 2-205.
Section 3-301.
Section 3-302.
Section 3-303.
Section 4-401.
Section 5-501.
4821-5306-0883.2
Authorization of Series 2013 Bonds and Series 2013 Projects 3
Details of Series 2013 Bonds. 4
Form of Series 2013 Bonds 5
Securities Depository Provisions 5
Delivery of Series 2013 Bonds. 6
ARTICLE III
REDEMPTION OF SERIES 2013 BONDS
Redemption Date and Price. 6
Selection of Series 2013 Bonds for Redemption. 6
Notice of Redemption. 6
ARTICLE IV
APPLICATION OF PROCEEDS OF SERIES 2013 BONDS
Application of Proceeds of Series 2013 Bonds 7
ARTICLE V
ESTABLISHMENT OF ACCOUNT
Series 2013 Project Account. 7
i
ARTICLE VI
SECURITY FOR SERIES 2013 BONDS
Section 6-601. Security for Series 2013 Bonds 8
ARTICLE VII
MISCELLANEOUS
Section 7-701. Limited on Use of Proceeds 8
Section 7-702. Limitation of Right. 8
Section 7-703. Severability. 8
Section 7-704. Successors and Assigns 8
Section 7-705. Applicable Law. 9
Section 7-707. Counterparts. 9
Exhibit A — Form of Series 2013 Bond A-1
ii
4821-5306-0883.2
This SIXTH SUPPLEMENTAL AGREEMENT OF TRUST dated as of June 1, 2013,
by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a
political subdivision of the Commonwealth of Virginia (the "Authority"), and U.S. BANK
NATIONAL ASSOCIATION (as successor to Wachovia Bank, National Association), a
national banking association, having a corporate trust office in Richmond, Virginia, as trustee in
such capacity, together with any successor in such capacity, herein called the "Trustee"),
provides:
WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia
duly created by Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act");
and
WHEREAS, the Authority and the Trustee have entered into an Agreement of Trust
dated as of September 1, 2003 (the "Master Agreement of Trust"), as supplemented by the First
Supplemental Agreement of Trust dated as of September 1, 2003, the Second Supplemental
Agreement of Trust dated as of May 1, 2005, the Third Supplemental Agreement of Trust dated
as of June 1, 2007, the Fourth Supplemental Agreement of Trust dated as of May 1, 2010 and the
Fifth Supplemental Agreement of Trust dated as of June 1, 2012 pursuant to which the Authority
has agreed to issue from time to time public facility revenue bonds or notes and use the proceeds
thereof to finance costs incurred in connection with certain Projects (as hereinafter defined) for
the benefit of the City of Virginia Beach, Virginia (the "City); and
WHEREAS, within the limitations of and in compliance with the Master Agreement of
Trust, the City has requested the Authority to issue public facility revenue bonds to finance the
costs of the Series 2013 Projects (as hereinafter defined); and
WHEREAS, the Authority has previously issued, at the request of the City its
$165,000,000 Public Facility Revenue Bonds, Series 2003A, its $94,900,000 Public Facility
Revenue Bonds, Series 2005A, its $9,000,000 Taxable Public Facility Revenue Bonds, Series
2005B, its $96,835,000 Public Facility Revenue Bonds, Series 2007A, its $4,030,000 Taxable
Public Facility Revenue Bonds, Series 2007B, its $17,000,000 Public Facility Revenue Bonds,
Series 2010A, its $98,035,000 Public Facility Refunding Revenue Bonds, Series 2010B, its
$45,450,000 Public Facility Refunding Revenue Bonds, Series 2010C, $22,580,000 Public Facility
Revenue Bonds, Series 2012A and its $25,640,000 Public Facility Refunding Revenue Bonds, Series
2012B (collectively, the "Prior Public Facility Revenue Bonds").
WHEREAS, the Authority has agreed to issue the Series 2013 Bonds (as hereinafter
defined) in the aggregate principal amount of $ , secured by a pledge of the revenues
and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented
and amended by a First Supplemental Support Agreement dated as of May 1, 2005, a Second
Supplemental Support Agreement dated as of June 1, 2007, a Third Supplemental Support
Agreement dated as of May 1, 2010, a Fourth Supplemental Support Agreement dated as of June
1, 2012 and a Fifth Supplemental Support Agreement dated as of June 1, 2013 (the "Support
Agreement"), between the Authority and the City, and the City has agreed, subject to the annual
appropriation by the Council of the City, to make annual payments that will be sufficient to pay
the principal of and premium, if any, and interest on such public facility revenue bonds as the
same shall become due; and
WHEREAS, the Authority has taken all necessary action to make the Series 2013 Bonds,
when authenticated by the Trustee and issued by the Authority, valid and binding limited
obligations of the Authority and to constitute this Sixth Supplemental Agreement of Trust (the
"Sixth Supplemental Agreement") a valid and binding agreement authorizing and providing for
the details of the Series 2013 Bonds;
NOW THEREFORE, in consideration of the premises and the mutual covenants and
agreements hereinafter contained, the parties hereto agree as follows:
ARTICLE I
SIXTH SUPPLEMENTAL AGREEMENT
Section 1-101. Authorization of Sixth Supplemental Agreement.
This Sixth Supplemental Agreement is authorized and executed by the Authority and
delivered to the Trustee pursuant to and in accordance with Articles III and X of the Master
Agreement of Trust. All terms, covenants, conditions and agreements of the Master Agreement
of Trust shall apply with full force and effect to the Series 2013 Bonds and to the holder thereof,
except as otherwise provided in this Sixth Supplemental Agreement.
Section 1-102. Definitions.
Except as otherwise defined in this Sixth Supplemental Agreement, words defined in the
Master Agreement of Trust are used in this Sixth Supplemental agreement with the meanings
assigned to them in the Master Agreement of Trust. In addition, the following words shall have
the following meanings unless a different meaning clearly appears from the context:
"Letter of Representations" shall mean the Blanket Letter of Representations dated July
11, 1997, from the Authority to the Securities Depository and any amendments thereto or
successor agreements between the Authority and any successor Securities Depository with
respect to the Series 2013 Bonds. Notwithstanding any provision of the Master Agreement of
Trust, including Article X regarding amendments, the Trustee may enter into any such
amendment or successor agreement without the consent of Bondholders.
"Prior Public Facility Revenue Bonds" shall have the meaning given in the fourth
paragraph of the recitals to this Sixth Supplemental Agreement
"Project" or "Projects" shall have the meaning set forth in the Support Agreement.
"Securities Depository" shall mean The Depository Trust Company, a corporation
organized and existing under the laws of the State of New York, and any other securities
depository for the Series 2013 Bonds appointed pursuant to Section 2-204, and their successors.
2
4821-5306-0883.2
"Series 2013 Bonds" shall mean the Authority's $ Public Facility Revenue
Bonds, Series 2013A, authorized to be issued pursuant to this Sixth Supplemental Agreement.
"Series 2013 Projects" shall mean have the meaning set forth in the Support Agreement.
"Series 2013 Project Account" shall mean the Series 2013 Project Account established
in Section 4-501 of this Sixth Supplemental Agreement.
"Sixth Supplemental Agreement" shall mean this Sixth Supplemental Agreement of
Trust between the Authority and the Trustee, which supplements and amends the Master
Agreement of Trust.
Section 1-103. Rules of Construction.
The following rules shall apply to the construction of this Sixth Supplemental Agreement
unless the context otherwise requires:
(a) Words importing the singular number shall include the plural number and vice
versa.
(b) Words importing the redemption or calling for redemption of Series 2013 Bonds
shall not be deemed to refer to or connote the payment of Series 2013 Bonds at their stated
maturity.
(c) Unless otherwise indicated, all references herein to particular Articles or Sections
are references to Articles or Sections of this Sixth Supplemental Agreement.
(d) The headings herein and Table of Contents to this Sixth Supplemental Agreement
herein are solely for convenience of reference and shall not constitute a part of this Sixth
Supplemental Agreement nor shall they affect its meaning, construction or effect
(e) All references herein to payment of Series 2013 Bonds are references to payment
of principal of and interest on the Series 2013 Bonds.
ARTICLE II
AUTHORIZATION, DETAILS AND FORM OF SERIES 2013 BONDS
Section 2-201. Authorization of Series 2013 Bonds and Series 2013 Projects.
There are hereby authorized to be issued the Series 2013 Bonds in a principal amount of
$ to finance the costs of the Series 2013 Project, in accordance with Article IV
hereof.
3
4821-5306-0883.2
Section 2-202. Details of Series 2013 Bonds.
(a) The Series 2013 Bonds shall be designated "Public Facility Revenue Bonds,
Series 2013A," shall be the date of their delivery, shall be issuable only as fully registered bonds
in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward.
The Series 2013 Bonds shall bear interest at rates, payable semiannually on each June 1 and
December 1, beginning December 1, 2013, and shall mature in installments on June 1 in years
and amounts, as follows:
Year Amount Rate Year Amount Rate
2015 2025
2016 2026
2017 2027
2018 2028
2019 2029
2020 2030
2021 2031
2022 2032
2023 2033
2024
(b) Each Series 2013 Bond shall bear interest (a) from its date, if such Series 2013
Bond is authenticated prior to the first interest payment date, or (b) otherwise from the interest
payment date that is, or immediately precedes, the date on which such Series 2013 Bond is
authenticated; provided, however, that if at the time of authentication of any Series 2013 Bond
shall bear interest from the date to which interest has been paid. Interest shall be calculated on
the basis of a 360 -day year of twelve 30 -day months.
(c) Principal of the Series 2013 Bonds shall be payable to the registered holder(s)
upon the surrender of Series 2013 Bonds at the corporate trust office of the Trustee in Richmond,
Virginia. Interest on the Series 2013 Bonds 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 Trustee
on the fifteenth day of the month preceding each interest payment date; provided, however, if the
Series 2013 Bonds are registered in the name of a Securities Depository or its nominee as
registered holder or at the option of a registered holder(s) of at least $1,000,000 of Series 2013
Bonds, payment shall be made by wire transfer pursuant to the wire instructions received by the
Trustee from such registered holder(s). If the nominal date for making any payment on the Series
2013 Bonds is not a Business day, the payment may be made on the next business Day with the
same effect as if made on the nominal date, and no additional interest shall accrue between the
nominal date and the actual payment date. Principal and interest shall be payable in lawful
money of the United States of America.
4
4821-5306-0883.2
Section 2-203. Form of Series 2013 Bonds.
The Series 2013 Bonds shall be in substantially the foiiii set forth in Exhibit A, with such
appropriate variations, omissions and insertions as are permitted or required by the Master
Agreement of Trust and this Sixth Supplemental Agreement
Section 2-204. Securities Depository Provisions
Initially, one certificate for each maturity of each Series of the Series 2013 Bonds will be
issued and registered to the Securities Depository, or its nominee. The Authority has entered into
a Letter of Representations relating to a book -entry system to be maintained by the Securities
Depository with respect to the Series 2013 Bonds.
In the event that (a) the securities Depository determines not to continue to act as a
securities depository for the Series 2013 Bonds by giving notice to the Trustee and the Authority
discharging its responsibilities hereunder or (b) the Authority, at the direction of the City,
deteiniines (1) that beneficial owners of Series 2013 Bonds shall be able to obtain certificated
Series 2013 Bonds or (2) to select a new Securities Depository, then the Trustee shall, at the
direction of the authority, attempt to locate another qualified securities depository to serve as
Securities Depository or authenticate and deliver certificated Series 2013 Bonds to the beneficial
owners or to the Securities Depository participants on behalf of beneficial owners substantially
in the form provided for in Exhibit A, as applicable; provided, however, that such form shall
provide for interest on the Series 2013 Bonds to be payable (i) from June , 2013 if it is
authenticated prior to December 1, 2013 or (ii) otherwise from the June 1 or December 1 that is,
or immediately precedes, the date on which it is authenticated (unless payment of interest
thereon is in default, in which case interest on such Series 2013 Bonds shall be payable from the
date to which interest has been paid). In delivering certificated Series 2013 Bonds, the Trustee
shall be entitled to rely conclusively 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 Series 2013 Bonds will be registrable, transferable and
exchangeable as set forth in Section 204 and 205 of the Master Agreement of Trust.
So long as there is a Securities Depository for the Series 2013 Bonds (A) it or its nominee
shall be the registered holder(s) of the Series 2013 Bonds, (B) notwithstanding anything to the
contrary in this Sixth Supplemental Agreement, determinations of persons entitled to payment of
principal 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, (C) the Authority and the Trustee 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, (D) references
in this Sixth Supplemental Agreement to registered holder(s) of the Series 2013 Bonds shall
mean such Securities Depository or its nominee and shall not mean the beneficial owners of the
Series 2013 Bonds and (E) in the event of any inconsistency between the provisions of this Sixth
Supplemental Agreement, other than those set forth in this paragraph and the preceding
paragraph, and the provisions of the Letter of Representations such provisions of the Letter of
Representations shall control.
5
4821-5306-0883.2
Section 2-205. Delivery of Series 2013 Bonds.
The Trustee shall authenticate and deliver the Series 2013 Bonds when there have been
filed with or delivered to it all items required by Section 303 of the Master Agreement of Trust.
ARTICLE III
REDEMPTION OF SERIES 2013 BONDS
Section 3-301. Redemption Date and Price.
Optional Redemption. The Series 2013 Bonds may not be called for redemption by the
Authority except as follows. The Series 2013 Bonds maturing on or after [June 1, 2024] may be
redeemed by the Authority, at the direction of the City, on or after [June 1, 2023], in whole or in
part at any time (in increments of $5,000), at a redemption price of 100% of the principal
amount, or portion thereof, of Series 2013 Bonds to be redeemed plus interest accrued to the
redemption date..
Section 3-302. Selection of Series 2013 Bonds for Redemption.
If less than all of the Series 2013 Bonds are called for redemption, the Series 2013 Bonds
to be redeemed shall be selected by the Securities Depository or any successor securities
depository pursuant to its rules and procedures or, if the book -entry system is discontinued, shall
be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine.
The portion of any Series 2013 Bond to be redeemed shall be in the principal amount of $5,000
or some multiple thereof. In selecting Series 2013 Bonds for redemption, each Series 2013 Bond
shall be considered as representing that number of Series 2013 bonds which is obtained by
dividing the principal amount of such Series 2013 Bonds by $5,000. If a portion of a Series 2013
Bond shall be called for redemption, a new Series 2013 Bond in principal amount equal to the
unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof.
Section 3-303. Notice of Redemption.
The Trustee, upon being satisfied as to the payment of its expenses and upon receiving
the notice of redemption from the Authority not less than 45 days prior to the redemption date,
shall send notice of the call for redemption, identifying the Series 2013 Bonds or portions thereof
to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (a) by
facsimile or electronic transmission, registered or certified mail or overnight express delivery, to
the holder of each Series 2013 Bond to be redeemed at his address as it appears on the
registration books kept by the Trustee, (b) by facsimile or electronic transmission, registered or
certified mail or overnight express delivery, to all organizations registered with the Securities
and Exchange Commission as securities depositories and (c) to each nationally recognized
municipal securities infoiuiation repository designated as such by the Securities and Exchange
Commission. In preparing and delivering such notice, the Trustee shall take into account, to the
extent applicable, the prevailing tax-exempt securities industry standards and any regulatory
statement of any federal or state administrative board having jurisdiction over the Authority or
the tax-exempt securities industry, including Release No. 34-23856 of the Securities and
6
4821-5306-0883.2
Exchange Commission or any subsequent amending or superseding release.] Failure to give any
notice specified in (a) above, or any defect therein, shall not affect the validity of any
proceedings for the redemption of any Series 2013 Bond with respect to which no such failure or
defect has occurred. Failure to give any notice specified in (b) or (c) above, or any defect herein,
shall not affect the validity of any proceedings for the redemption of any Series 2013 Bonds with
respect to which the notice specified in (a) above is correctly given. Any notice mailed or
provided herein shall conclusively be presumed to have been given whether or not actually
received by any Series 2013 Bondholder.
In the case of an optional redemption, the notice may state that (1) it is conditioned upon
the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with
the Trustee no later than the redemption date or (2) the Authority, as directed by the City, retains
the right to rescind such notice on or prior to the scheduled redemption date (in either case, a
"Conditional Redemption"), and such notice and optional redemption shall be of no effect if such
moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional
Redemption in (2) above may be rescinded at any time prior to the redemption date if the
Authority delivers a written direction to the Trustee directing the Trustee to rescind the
redemption notice and any funds deposited with the Trustee in connection with such rescinded
redemption shall be returned to the City. The Trustee shall give prompt notice of such rescission
to the affected Series 2013 Bondholders. Any Series 2013 Bonds subject to Conditional
Redemption where redemption has been rescinded shall remain Outstanding, and the rescission
shall not constitute an Event of Default. Further, in the case of Conditional Redemption, the
failure of the Authority to make funds available on or before the redemption date shall not
constitute an Event of Default, and the Trustee shall give immediate notice to all organizations
registered with the Securities and Exchange Commission as securities depositories or the
affected Series 2013 Bondholders that the redemption did not occur and that the Series 2013
Bonds called for redemption and not so paid remain outstanding.
ARTICLE IV
APPLICATION OF PROCEEDS OF SERIES 2013 BONDS
Section 4-401. Application of Proceeds of Series 2013 Bonds.
The proceeds of the Series 2013 Bonds in the amount of $ shall be deposited
into the Series 2013 Project Account in the Project Fund, including the good faith deposit
($ ) previously received by the City from the purchaser of the Series 2013 Bonds.
ARTICLE V
ESTABLISHMENT OF ACCOUNT
Section 5-501. Series 2013 Project Account.
There shall be established within the Project Fund a special account entitled "Series 2013
Project Account" to be funded as specified in Section 4.401. Money in the Series 2013 Project
Account shall be used in accordance with the provisions of Section 503 of the Master Agreement
of Trust to pay or reimburse 2013 Project costs.
7
4821-5306-0883.2
ARTICLE VI
SECURITY FOR SERIES 2013 BONDS
Section 6-601. Security for Series 2013 Bonds.
The Series 2013 Bonds shall be equally and ratably secured under the Master Agreement
of Trust with the Authority's Prior Public Facility Revenue Bonds and any other series of public
facility revenue bonds issued pursuant to Article III of the Master Agreement of Trust, without
preference, priority or distinction of any Bonds over any other Bonds, except as provided in the
Master Agreement of Trust.
ARTICLE VII
MISCELLANEOUS
Section 7-701. Limited on Use of Proceeds.
The Authority intends that interest on the Series 2013 Bonds shall be excluded from gross
income for Federal income tax purposes. The Authority covenants with the holders of the Series
2013 Bonds not to take any action that would adversely affect, and to take all action within its
power necessary to maintain, the exclusion of interest on all Series 2013 Bonds from gross
income for Federal income taxation purposes.
Section 7-702. Limitation of Right.
With the exception of rights herein expressly conferred, nothing expressed or mentioned
in or to be implied from this Sixth Supplemental Agreement or the Series 2013 Bonds is intended
or shall be construed to give to any person other than the parties hereto and the holders of Series
2013 Bonds any legal or equitable right, remedy or claim under or in respect to this Sixth
Supplemental Agreement or any covenants, conditions and agreements herein contained since
this Sixth Supplemental Agreement and all of the covenants, conditions and agreements hereof
are intended to be and are for the sole and exclusive benefit of the parties hereto and the holders
of Bonds as herein provided.
Section 7-703. Severability.
If any provision of this Sixth Supplemental Agreement shall be held invalid by any court
of competent jurisdiction, such holding shall not invalidate any other provision hereof and this
Sixth Supplemental Agreement shall be construed and enforced as if such illegal provision had
not been contained herein.
Section 7-704. Successors and Assigns.
This Sixth Supplemental Agreement shall be binding upon, inure to the benefit of and be
enforceable by the parties and their respective successors and assigns.
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4821-5306-0883.2
Section 7-705. Applicable Law.
This Sixth Supplemental Agreement shall be governed by the applicable laws of the
Commonwealth of Virginia.
Section 7-706. Patriot Act Compliance.
To help the government fight the funding of terrorism and money laundering activities,
Federal law requires all financial institutions to obtain, verify and record information that
identifies each person who opens an account. For a non -individual person such as a business
entity, a charity, a Trust or other legal entity the Trustee will ask for documentation to verify its
founation and existence as a legal entity. The Trustee may also ask to see financial statements,
licenses, identification, and authorization documents from individuals claiming authority to
represent the entity or other relevant documentation.
Section 7-707. Counterparts.
This Sixth Supplemental Agreement may be executed in several counterparts, each of
which shall be an original and all of which together shall constitute but one and the same
instrument.
9
4821-5306-0883.2
IN WITNESS WHEREOF, the Authority and the Trustee have caused this Sixth
Supplemental Agreement to be executed in their respective corporate names as of the date first
above written.
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
By:
U.S. BANK NATIONAL ASSOCIATION,
As Trustee
By:
Title:
Acknowledged and Consented To:
CITY OF VIRGINIA BEACH, VIRGINIA,
By:
Title:
10
4821-5306-0883.2
EXHIBIT A
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 any 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 REGISTERED
R-1 $
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
Public Facility Revenue Bond, Series 2013A
INTEREST RATE MATURITY DATE DATED DATE CUSIP
0/0 June 1, June _, 2013 92774G
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT: DOLLARS
The City of Virginia Beach Development Authority, a political subdivision of the
Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon
surrender hereof at the principal corporate trust office of U.S. Bank National Association
(successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its
successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely
from the source and as hereinafter provided, to the registered owner hereof, or registered assigns
or legal representative, the principal sum stated above on the maturity date stated above, subject
to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon
on each June 1 and December 1, beginning December 1, 2013 at the annual rate stated above,
calculated on the basis of a 360 -day year of twelve 30 -day months. Interest is payable (a) from
June , 2013, if this bond is authenticated prior to December 1, 2013, or (b) otherwise from
the June 1 or December 1 that is, or immediately precedes, the date on which this bond is
authenticated (unless payment of interest hereon is in default, in which case this bond shall bear
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4821-5306-0883.2
interest from the day to which interest has been paid). Interest is payable by check or draft
mailed to the registered owner hereof at its address as it appears on the fifteenth day of the month
preceding each interest payment date on registration books kept by the Trustee; provided,
however, that at the option of a registered owner of at least $1,000,000 of Bonds (as hereinafter
defined), payment will be made by wire transfer pursuant to the most recent wire instructions
received by the Trustee from such registered owner. If the nominal date for making any payment
on this bond a Business Day (as hereinafter defined), the payment may be made on the next
Business Day with the same effect as if made on the nominal date, and no additional interest
shall accrue between the nominal date and the actual payment date. Principal and interest are
payable in lawful money of the United States of America.
"Business Day" shall mean a day on which banking business is transacted, but not
including a Saturday, Sunday or legal holiday, or any day on which banking institutions are
authorized by law to close in the city in the Commonwealth of Virginia in which the Trustee has
its principal corporate trust office.
Notwithstanding any other provision hereof, this bond is subject to book -entry form
maintained by the Depository Trust Company ("DTC"), and the payment of principal and
interest, the providing of notices and other matters shall be made as described in the Authority's
Letter or Representations to DTC.
This bond is one of an issue of $ Public Facility Revenue Bonds, Series
2013A (the "Bonds"), authorized and issued pursuant to Chapter 643 of the Virginia Acts of
Assembly of 1964, as amended. The Bonds are issued under and secured by an Agreement of
Trust dated as of September 1, 2003, between the Authority and the Trustee, as supplemented by
a First Supplemental Agreement of Trust dated as of September 1, 2003, a Second Supplemental
Agreement of Trust dated as of May 1, 2005, a Third Supplemental Agreement of Trust dated as
of June 1, 2007, a Fourth Supplemental Agreement of Trust dated as of March 1, 2010, a Fifth
Supplemental Agreement of Trust dated as of June 1, 2012 and a Sixth Supplemental Agreement
of Trust dated as of June 1, 2013 (collectively, the "Agreement of Trust"). The Agreement of
Trust assigns to the Trustee, as security for the Bonds, (a) the revenues and receipts derived from
a Support Agreement dated as of September 1, 2003, as supplemented and amended by a First
Supplemental Support Agreement dated as of May 1, 2005, a Second Supplemental Support
Agreement dated as of June 1, 2007, a Third Supplemental Agreement of Trust dated as of May
1, 2010, a Fourth Supplemental Support Agreement dated as of June 1, 2012 and a Fifth
Supplemental Support Agreement dated as of June 1, 2013 (collectively, the "Support
Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"),
and (b) the Authority's rights under the Support Agreement (except for the Authority's rights
under the Support Agreement to the payment of certain fees and expenses and the rights to
notices). Reference is hereby made to the Agreement of Trust for a description of the provisions,
among others, with respect to the nature and extent of the security, the rights, duties and
obligations of the Authority and the Trustee, the rights of the holders of the Bonds and the terms
upon which the Bonds are issued and secured. The Bonds are equally and ratably secured on a
parity basis with the Authority's $165,000,000 Public Facility Revenue Bonds, Series 2003A, its
$94,900,000 Public Facility Revenue Bonds, Series 2005A, its $9,000,000 Taxable Public
Facility Revenue Bonds, Series 2005B, its $96,835,000 Public Facility Revenue Bonds, Series
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4821-5306-0883.2
2007A, its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B, its $17,000,000
Public Facility Revenue Bonds, Series 2010A, its $98,035,000 Public Facility Refunding
Revenue Bonds, Series 2010B, its $45,450,000 Public Facility Refunding Revenue Bonds, Series
2010C, its $22,580,000 Public Facility Revenue Bonds, Series 2012A and its $25,640,000 Public
Facility Refunding Revenue Bonds, Series 2012B (the "Parity Bonds"). Additional bonds secured by
a pledge of revenues and receipts derived from the City under the Support Agreement on a parity
with the Bonds and the Parity Bonds may be issued under the terms and conditions set forth in
the Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned
such terms in the Agreement of Trust.
The Bonds are issued to finance the acquisition, construction and equipping of various
capital improvements for the City and public school purposes. Under the Support Agreement,
the City has agreed to make payments that will be sufficient to pay the principal of and interest
on the Bonds as the same shall become due in accordance with their terms and the provisions and
the terms of the agreement of Trust. The undertaking by the City to make payments under the
Support Agreement does not constitute a debt of the City within the meaning of any
constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property
of the City beyond any fiscal year for which the City has appropriated moneys to make such
payments.
THE BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF
THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED
FROM THE CITY RECEIVED BY THE AUTHORITY UNDER THE SUPPORT
AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME
THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES,
RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE
PAYMENT THEREOF. THE BONDS AND INTEREST THEREON SHALL NOT BE
DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE
FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL
SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER
THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION
THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO
PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT
THERETO EXCEPT FROM THE REVENUES AND RECEIPTS PLEDGED AND
ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING
POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION
THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE
PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS
INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER.
No covenant, condition or agreement contained herein shall be deemed to be a covenant,
agreement or obligation of any present or future director, officer, employee or agent of the
Authority in is individual capacity, and neither the Chairman of the Authority nor any officer
thereof executing this Bond shall be liable personally on the Bonds or be subject to any personal
liability or accountability by reason of the issuance thereof.
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4821-5306-0883.2
The Bonds may not be called for redemption by the Authority except as provided herein
and in the Agreement of Trust.
The Bonds maturing on or after [June 1, 2024], may be redeemed prior to their
respective maturities on or after [June 1, 2023], at the option of the Authority, at the direction of
the City, in whole or in part at any time at a redemption price of 100% of the principal amount,
or portion thereof, of Bonds to be redeemed plus interest accrued to the redemption date.
If less than all the Bonds are called for redemption, they shall be redeemed from
maturities in such order as determined by the Authority. If less than all of the bonds of any
maturity are called for redemption, the Bonds 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 Trustee by lot in such manner as the Trustee in its
discretion may determine. The portion of any Bond to be redeemed shall be in the principal
amount of $5,000 or some integral multiple thereof. In selecting Bonds for redemption, each
Bond shall be considered as representing that number of Bonds which is obtained by dividing the
principal amount of such Bond by $5,000.
If any of the Bonds or portions thereof are called for redemption, the Trustee shall send
notice of the call for redemption, identifying the Bonds or portions thereof to be redeemed, not
less than 30 nor more than 60 days prior to the redemption date, by facsimile or electronic
transmission, registered or certified mail or overnight express delivery, to the registered owner of
the Bonds. Such notice may state that (1) it is conditioned upon the deposit of moneys, in an
amount equal to the amount necessary to effect the redemption, with the Trustee no later that the
redemption date or (2) the Authority retains the right to rescind such notice on or prior to the
scheduled redemption date, and such notice and option redemption shall be of no effect if such
moneys are not so deposited or if the notice is rescinded. Provided funds for their redemption are
on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called
for redemption shall cease to bear interest on such date, shall no longer be secured by the
Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the
Agreement of Trust. If a portion of the Bond shall be called for redemption, a new Bond in
principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee
upon surrender hereof, or if the book -entry system is discontinued, to the registered owners of
the Bonds.
The registered owner of this Bond shall have no right to enforce the provisions of the
Agreement of Trust or to institute action to enforce the covenants therein or to take any action
with respect to any Event of Default under the Agreement of Trust or to institute, appear in or
defend any suit or other proceedings with respect thereto, except as provided in the Agreement of
Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of
any supplement thereto, may be made only to the extent and in the circumstances permitted by
the Agreement of Trust.
The Bonds are issuable as registered bonds in the denomination of $5,000 and integral
multiples thereof. Upon surrender for transfer or exchange of this Bond at the corporate trust
office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the
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4821-5306-0883.2
registered owner or its duly authorized attorney or legal representative in such form as shall be
satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and
deliver in exchange, a new Bond or Bonds in the manner and subject to the limitations and
conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in
authorized denominations, of the same series, form and maturity, bearing interest at the same rate
and registered in the name or names as requested by the then registered owner hereof or its duly
authorized attorney or legal representative. Any such exchange shall be at the expense of the
Authority, except that the Trustee may charge the person requesting such exchange the amount
of any tax or other governmental charge required to be paid with respect thereto.
The Trustee shall treat the registered owner as the person exclusively entitled to payment
of principal and interest and the exercise of all other rights and powers of the owner, except that
interest payments shall be made to the person shown as holder on the first day of the month of
each interest payment date.
All acts conditions and things required to happen, exist or be performed precedent to and
in the issuance of this bond have happened, exist and have been performed.
This Bond shall not become obligatory for any purpose or be entitled to any security or
benefit under the Agreement of Trust or be valid until the Trustee shall have executed the
Certificate of Authentication appearing hereon and inserted the date of authentication hereon.
IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has
caused this Bond to be signed by its Chairman, its seal to be imprinted hereon and attested by its
Secretary, and this Bond to be dated the date first above written.
(SEAL)
Attest:
Secretary
4821-5306-0883.2
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
Chairman
A-5
III
CERTIFICATE OF AUTHENTICATION
Date Authenticated: June , 2013
This Bond is one of the Series 2013 Bonds described in the within mentioned Agreement
of Trust.
U.S. BANK NATIONAL ASSOCIATION,
as Trustee
By
Authorized Officer
A-6
4821-5306-0883.2
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto
(please print or typewrite name and address, including 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.
Date:
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.
A-7
4821-5306-0883.2
(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.
FIFTH SUPPLEMENTAL SUPPORT AGREEMENT
between
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
and
CITY OF VIRGINIA BEACH, VIRGINIA
Dated as of June 1, 2013
NOTE: THIS FIFTH SUPPLEMENTAL SUPPORT AGREEMENT HAS BEEN
ASSIGNED TO, AND IS SUBJECT TO A SECURITY INTEREST IN
FAVOR OF, U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR
TRUSTEE UNDER AN AGREEMENT OF TRUST DATED AS OF
SEPTEMBER 1, 2003, AS PREVIOUSLY SUPPLEMENTED AND AS
FURTHER SUPPLEMENTED BY A SIXTH SUPPLEMENTAL
AGREEMENT OF TRUST DATED AS OF JUNE 1, 2013, WITH THE
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, AS
AMENDED OR SUPPLEMENTED FROM TIME TO TIME.
INFORMATION CONCERNING SUCH SECURITY INTEREST MAY BE
OBTAINED FROM THE TRUSTEE AT RICHMOND, VIRGINIA.
4814-0496-6675.2
TABLE OF CONTENTS
Parties 1
Recitals 1
Granting Clauses 1
ARTICLE I
DEFINITIONS AND RULES OF CONSTRUCTION
Section 1.1 Definitions 2
Section 1.2 Rules of Construction 3
ARTICLE II
REPRESENTATIONS
Section 2.1 Representations by Authority 3
Section 2.2 Representations by City 4
ARTICLE III
AGREEMENT TO ISSUE BONDS
Section 3.1 Agreement to Issue Series 2013 Bonds 5
ARTICLE IV
PAYMENT OBLIGATIONS;
MASTER SUPPORT AGREEMENT AMENDMENTS
Section 4.1 Amounts Payable 5
ARTICLE V
PREPAYMENT AND REDEMPTION
Section 5.1 Prepayment and Redemption 6
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4814-0496-6675.2
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Section 6.5
Section 6.6
Section 7.1
Section 7.2
Section 7.3
Section 7.4
Section 7.5
Section 7.6
Signatures
Receipt
ARTICLE VI
SERIES 2013 ARBITRAGE REBATE FUND
Series 2013 Arbitrage Rebate Fund 6
Rebate Requirements 6
Calculation and Report of Rebate Amount 7
Payment of Rebate Amount 7
Reports by Trustee 8
Disposition of Balance in Series 2013 Arbitrage Rebate Fund 8
ARTICLE VII
MISCELLANEOUS
Private Activity Covenants 8
Post -Issuance Compliance 9
Severability 9
Successors and Assigns 9
Counterparts 9
Governing Law 9
10
11
Exhibit A — Schedule or Payments
Exhibit B — Description of Series 2013 Projects
Exhibit C — Administrative Fee Schedule
ii
4814-0496-6675.2
A-1
B-1
C-1
THIS FIFTH SUPPLEMENTAL SUPPORT AGREEMENT dated as of June 1, 2013,
by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a
political subdivision of the Commonwealth of Virginia (the "Authority"), and the CITY OF
VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the
"City"), provides:
WITNESSETH:
WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia
duly created by Chapter 643 of the Virginia Acts of Assembly of 1694, as amended (the "Act");
and
WHEREAS, the Act authorizes the Authority to acquire, improve, maintain, equip, own,
lease and dispose of "Authority facilities," as defined in the Act, to finance or refinance and lease
facilities for use by, among others, a city, to issue its revenue bonds, notes and other obligations
from time to time for such purposes and to pledge all or any part of its assets, whether then
owned or thereafter acquired, as security for the payment of the principal of and interest on any
such obligations; and
WHEREAS, the City desires to undertake a program of financing or refinancing the
acquisition, construction and equipping of various public facilities that the City determines to
undertake from time to time; and
WHEREAS, in furtherance of the purposes of the Act, the City has requested the
Authority to undertake one or more series of Projects (as defined in the Support Agreement, as
hereinafter defined), and the Authority has determined to issue from time to time pursuant to the
terms of an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of
Trust"), between the Authority and U.S. Bank National Association (successor to Wachovia
Bank, National Association), Richmond, Virginia, as successor trustee (the "Trustee"), as
supplemented by the First Supplemental Agreement of Trust dated as of September 1, 2003, a
Second Supplemental Agreement of Trust dated as of May 1, 2005, a Third Supplemental
Agreement of Trust dated as of June 1, 2007, a Fourth Supplemental Agreement of Trust dated
as of May 1, 2010, a Fifth Supplemental Agreement of Trust dated as of June 1, 2012 and a Sixth
Supplemental Agreement of Trust dated as of June 1, 2013, all between the Authority and the
Trustee (collectively, the "Agreement of Trust"), its public facility revenue bonds and to loan the
proceeds thereof to the City to finance or refinance costs incurred in connection with such
Projects and costs of issuing such bonds; and
WHEREAS, in furtherance of the purposes of the Act, the Authority and the City have
entered into a support agreement dated as of September 1, 2003 (the "Master Support
Agreement"), as supplemented and amended by a First Supplemental Support Agreement dated
as of May 1, 2005, a Second Supplemental Support Agreement dated as of June 1, 2007, and a
Third Supplemental Support Agreement dated as of May 1, 2010 and a Fourth Supplemental
Support Agreement dated as of June 1, 2012 pursuant to which the Authority has agreed to loan
from time to time such proceeds to the City, and the City has agreed to repay such loans, subject
to appropriation by the City council from time to time of sufficient moneys for such purpose; and
WHEREAS, within the limitations and in compliance with the Agreement of Trust, the
City has requested the Authority to issue a series of Bonds in the principal amount of
$ (the "Series 2013 Bonds") and to loan such proceeds to the City to finance the cost
of the Series 2013 Projects (as such teiiii is hereinafter defined) pursuant to the terms of this
Fifth Supplemental Support Agreement; and
WHEREAS, all acts, conditions and things required by law to happen, exist and be
performed precedent to and in connection with the execution of and entering into this Fifth
Supplemental Support Agreement have happened, exist and have been performed in regular and
due time and in form and manner as required by law, and the parties hereto are now duly
empowered to execute and enter into this Fifth Supplemental Support Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and agreements
hereinafter contained and other valuable consideration, the parties hereto covenant and agree as
follows:
ARTICLE I
DEFINITIONS AND RULES OF CONSTRUCTION
Section 1.1 Definitions.
Unless otherwise defined in this Fifth Supplemental Support Agreement, all words used
herein shall have the meanings assigned to such terms in the Agreement of Trust or the Master
Support Agreement. The following words as used in this Fifth Supplemental Support Agreement
shall have the following meanings unless a different meaning clearly appears from the context:
"Agreement of Trust" shall mean the Agreement of Trust dated as of September 1,
2003, as previously supplemented, and as further supplemented by the Sixth Supplemental
Agreement of Trust.
"Basic Agreements" shall mean the Agreement of Trust and the Support Agreement.
"Sixth Supplemental Agreement of Trust" shall mean the Sixth Supplemental
Agreement of Trust dated as of June 1, 2013, between the Authority and the Trustee, which
supplements the Agreement of Trust.
"Master Support Agreement" shall mean the Support Agreement dated as of
September 1, 2003, between the Authority and the City.
"Series 2013 Bonds" shall mean the Authority's $ Public Facility Revenue
Bonds, Series 2013A, authorized to be issued pursuant to the Sixth Supplemental Agreement of
Trust.
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4814-0496-6675.2
"Series 2013 Projects" shall mean the financing of the acquisition, construction and
equipping of all or a portion of the projects as set forth on Exhibit B.
"Series 2013 Arbitrage Rebate Fund" shall mean the fund established in section 6.1
"Support Agreement" shall mean the Master Support Agreement as previously
supplemented and amended and as supplemented and amended by this Fifth Supplemental
Support Agreement.
"Fifth Supplemental Support Agreement" shall mean this Fifth Supplemental Support
Agreement dated as of June 1, 2013, between the Authority and the City, which supplements the
Master Support Agreement.
Section 1.2 Rules of Construction.
The following rules shall apply to the construction of this Fifth Supplemental Support
Agreement unless the context otherwise requires:
(a) Words importing the singular number shall include the plural number and vice
versa.
(b) Words importing the redemption or calling for redemption of Bonds shall not be
deemed to refer to or connote the payment of Bonds at their stated maturity.
(c) Unless otherwise indicated, all references herein to particular Articles or Sections
are references to Articles or Sections of this Fifth Supplemental Support Agreement.
(d) The headings herein and Table of Contents to this Fifth Supplemental Support
Agreement herein are solely for convenience of reference and shall not constitute a part of this
Fifth Supplemental Support Agreement nor shall they affect its meaning, construction or effect.
(e) All references herein to payment of Bonds are references to payment of principal
of and premium, if any, and interest on the Bonds.
ARTICLE II
REPRESENTATIONS
Section 2.1 Representations by Authority.
The Authority makes the following representations:
(a) The Authority is a political subdivision of the Commonwealth of Virginia duly
created under the Act;
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4814-0496-6675.2
(b) Pursuant to the Act, the Authority has full power and authority to enter into the
Basic Agreements and to perform the transactions contemplated thereby and to carry out its
obligations thereunder and by proper action has duly authorized, executed and delivered the
Basic Agreements.
(c) The execution, delivery and compliance by the Authority with the terms and
conditions of the Basic Agreements will not conflict with or constitute or result in a default under
or violation of, (1) any existing law, rule or regulation applicable to the Authority, or (2) any
trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or
other agreement, instrument or other restriction of any kind to which the Authority or any of its
assets is subject;
(d) No further approval, consent or withholding of objection on the part of any
regulatory body or any official, Federal state or local, is required in connection with the
execution or delivery of or compliance by the Authority with the terms and conditions of the
Basic Agreements, except that no representation is made as to the applicability of any Federal or
state securities laws; and
(e) There is no litigation at law or in equity or any proceeding before any
governmental agency involving the Authority pending or, the knowledge of the Authority,
threatened with respect to (1) the creation and existence of the Authority, (2) its authority to
execute and deliver the Basic Agreements, (3) the validity or enforceability of the Basic
Agreements, or the Authority's performance of its obligations thereunder, (4) the title of any
officer of the Authority executing the Basic Agreements, or (5) the ability of the Authority to
issue and sell its bonds.
Section 2.2 Representations by City.
The City makes the following representations:
(a) The City is a political subdivision of the Commonwealth of Virginia;
(b) The City has full power and authority to enter into the Basic Agreements to which
it is a party and to perform the transactions contemplated thereby and to carry out its obligations
thereunder and by proper action has duly authorized, executed and delivered the Basic
Agreements;
(c) The City is not in default in the payment of the principal of or interest on any of
its indebtedness for borrowed money and is not in default under any instrument under or subject
to which any indebtedness for borrowed money has been incurred, and no event has occurred and
is continuing that with the lapse of time or the giving of notice, or both, would constitute or
result in an event of default thereunder;
(d) The City is not in default under or in violation of, and the execution, delivery and
compliance by the 'City with the tennis and conditions of the Basic Agreements to which it is a
party will not conflict with or constitute or result in a default under or violation of, (1) any
existing law, rule or regulation applicable to the City or (2) any trust agreement, mortgage, deed
4
4814-0496-6675.2
111
of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or
restriction of any kind to which the City or any of its assets is subject, and no event has occurred
and is continuing that with the lapse of time or the giving of notice, or both, would constitute or
result in such a default or violation;
(e) No further approval, consent or withholding of objection on the part of any
regulatory body or any official, Federal, state or local, is required in connection with the
execution or delivery of or compliance by the City with the terms and conditions of the Basic
Agreements to which it is a party; and
(f) There is no litigation at law or in equity or any proceeding before any
governmental agency involving the City pending or, to the knowledge of the City, threatened
with respect to (1) the authority of the City to execute and deliver the Basic Agreements to which
it is a party, (2) the validity or enforceability of the Basic Agreements or the City's performance
Agreements, or (3) the ability of the City to undertake the Series 2013 Projects.
ARTICLE III
AGREEMENT TO ISSUE BONDS
Section 3.1 Agreement to Issue Series 2013 Bonds.
The Authority shall contemporaneously with the execution and delivery hereof proceed
with the issuance and sale of the Series 2013 Bonds bearing interest, maturing and having the
other terms and provisions set forth in the Agreement of Trust.
ARTICLE IV
PAYMENT OBLIGATIONS;
MASTER SUPPORT AGREEMENT AMENDMENTS
Section 4.1 Amounts Payable.
The Master Support Agreement is hereby amended to replace in its entirety the Exhibit A
attached thereto with the new Exhibit A attached hereto. Pursuant to Article IV of the Master
Support Agreement and subject specifically to the limitation of Section 4.4 thereof, the City shall
pay to the Authority or its assignee the Annual Payments specified in Exhibit A attached hereto
on or before the due dates set forth in such exhibit. The Annual Payments shall be payable
without notice or demand at the designated corporate trust office of the Trustee.
Pursuant to the First Amendment to 2002 Support Agreement dated as of May 1, 2010
between the Authority and the City, the parties agreed to fix the Authority's administrative fee
for all existing public facility revenue bonds and any public facility revenue bonds to be issued in
the future in accordance with the fee schedule attached to such agreement. Such fee schedule is
reproduced in Exhibit C.
5
4814-0496-6675.2
ARTICLE V
PREPAYMENT AND REDEMPTION
Section 5.1 Prepayment and Redemption.
The City shall have the option to prepay an Annual Payment at the times and in the
amounts as necessary to exercise its option to cause the Series 2013 Bonds to be redeemed as set
forth in such Series 2013 Bonds. Such prepayments of Annual Payments shall be made at the
times and in the amounts as necessary to accomplish the optional redemption of the Series 2013
Bonds as set forth in the Series 2013 Bonds. The Series 2013 Bonds shall be prepaid or
redeemed in the manner and at the times set forth in the Series 2013 Bonds. Upon the exercise of
such option, the City shall also pay as Additional Payments, the amounts necessary to pay the
premium, if any, due on such Series 2013 Bonds on the date or dates of their redemption.
The City shall give the Trustee notice of any redemption of such Series 2013 Bonds at
least 15 days prior to the latest date that notice of redemption may be given pursuant to Section
402 of the Master Agreement of Trust. Such notice to the Trustee shall specify the redemption
date, the principal amount of Series 2013 Bonds to be redeemed, the premium, if any, and the
section of the Agreement of Trust pursuant to which such redemption is to be made.
ARTICLE VI
SERIES 2013 ARBITRAGE REBATE FUND
Section 6.1 Series 2013 Arbitrage Rebate Fund.
There is hereby established the City of Virginia Beach, Virginia, Series 2013 Public
Facility Revenue Bond Arbitrage Rebate Fund (the "Series 2013 Arbitrage Rebate Fund") to be
held by or on behalf of the City. Subject to the limitation in Section 4.4 of the Master Support
Agreement, the City shall deposit moneys in the Series 2013 Arbitrage Rebate Fund from time to
time for payment of the rebate obligations under the Code (the "Rebate Amount"). The City may
establish separate accounts in the Series 2013 Arbitrage Rebate Fund for such payments.
Section 6.2 Rebate Requirements.
Except with respect to earnings on funds and accounts qualifying for any exceptions to
the rebate requirement of Section 148 of the Code, the City shall pay, but solely from amounts in
the Series 2013 Arbitrage Rebate Fund, the Rebate amount to the United States of America, as
and when due, in accordance with Section 148(0 of the code, as provided in this Article, and
shall retain records of all such determinations until six years after payment of the Series 2013
Bonds.
6
4814-0496-6675.2
Section 6.3 Calculation and Report of Rebate Amount.
(a) The City selects June 1 as the end of the bond year with respect to the Series 2013
Bonds pursuant to Treasury Regulation Section 1.148-1.
(b) Within 30 days after the initial installment computation date which is the last day
of the fifth bond year, unless such date is changed by the City prior to the date that any amount
with respect to the Series 2013 Bonds is paid or required to be paid to the United States of
America as required by Section 148 of the Code, and at least once every five years thereafter, the
City shall cause the Rebate Amount to be computed and shall deliver a copy of such computation
(the "Rebate Amount Certificate") to the Authority and the Trustee. Prior to any payment of the
Rebate Amount to the United States of America as required by Section 148 of the Code, a Rebate
Amount Certificate setting forth such Rebate Amount shall be prepared or approved by (1) a
person with experience in matters of governmental accounting for Federal income tax purposes
or (2) a bona fide arbitrage rebate calculation reporting service.
Section 6.4 Payment of Rebate Amount.
Not later than 60 days after the initial installment computation date, the City shall pay
solely from amounts in the Series 2013 Arbitrage Rebate Fund to the United States of America at
least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with
respect to such installment computation date. At least once on or before 60 days after the
installment computation date that is the fifth anniversary of the initial installment computation
date or on or before 60 days after every fifth anniversary date thereafter until final payment of
the Series 2013 Bonds, the City shall pay to the United States of America not less than the
amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount
Certificate exceeds the aggregate of all such payments theretofore made to the United States of
America pursuant to this Section. On or before 60 days after final payment of the Series 2013
Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of
the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final
payment of the Series 2013 Bonds exceeds the aggregate of all payments theretofore made
pursuant to this Section. All such payments shall be made solely from amounts in the Series
2013 Arbitrage Rebate Fund.
Notwithstanding any provision of the Support Agreement to the contrary, no such
payment shall be made if the City receives and delivers to the Trustee and the Authority an
opinion of Bond Counsel to the effect that (a) such payment is not required under the Code in
order to prevent the Series 2013 Bonds from becoming "arbitrage bonds" within the meaning of
Section 148 of the Code or (b) such payment should be calculated and paid on some alternative
basis under the code, and the City complies with such alternative basis.
The Authority covenants that, if so requested by the City, it shall execute any form
required to be signed by an issuer of tax-exempt bonds in connection with the payment of any
Rebate amount (including Internal Revenue Service Form 8038-T) based on information
supplied to the Authority by the City. The City shall supply all information required to be stated
on such form and shall prepare such font'. Except for the execution and delivery of such form
7
4814-0496-6675.2
upon timely presentation by the City, the Authority shall have no responsibility for such form or
the information stated thereon.
Section 6.5 Reports by Trustee.
The Trustee shall provide the City within 10 days after each June 1 and within 10 days
after the final payment of the Series 2013 Bonds with such reports and information with respect
to earnings of amounts held under the Agreement of Trust as may be requested by the City in
order to comply with the provisions of this Article.
Section 6.6 Disposition of Balance in Series 2013 Arbitrage Rebate Fund.
After each payment required in Section 6.4 is made and any additional amount necessary
to pay the full rebate obligation is retained, the remaining amount in the Series 2013 Arbitrage
Rebate Fund shall be retained by the City and used for any lawful purpose.
Section 7.1
ARTICLE VII
MISCELLANEOUS
Private Activity Covenants.
The City covenants not to permit the proceeds of the Series 2013 Bonds to be used in any
manner that would result in (a) 5% or more of such proceeds or the faculties financed 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 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 persons other than a governmental unit, as
provided in Section 141(c) of the Code; provided, however, that if the City receives an opinion
of Bond Counsel that any such covenants need not be complied with to prevent the interest on
the Series 2013 Bonds from being includable in the gross income for Federal income tax
purposes under existing law, the City need not comply with such covenants.
Section 7.2 Post -Issuance Compliance.
After the Series 2013 Bonds are issued, the City covenants to monitor the use of the
proceeds of such bonds, and the projects financed with such bonds, and requirements related to
arbitrage yield restriction and rebate with respect to such bonds under the City's Post -Issuance
Compliance Policy and Procedures (the "Policy") for tax -advantaged governmental purpose
bonds adopted by resolution of the City Council on March 13, 2012. In any instance of
noncompliance detected through application of the Policy, the City covenants to take corrective
action in accordance with the Policy, and to notify the Authority of the matter and corrective
action taken or to be taken. The Authority agrees to cooperate with the City in any instance
where action of the Authority may be required in connection with the City's corrective action.
8
4814-0496-6675.2
Section 7.3 Severability.
If any provision of this Fifth Supplemental Support Agreement shall be held invalid by
any court of competent jurisdiction, such holding shall not invalidate any other provision hereof.
Section 7.4 Successors and Assigns.
This Fifth Supplemental Support Agreement shall be binding upon, inure to the benefit of
and be enforceable by the parties and their respective successors and assigns.
Section 7.5 Counterparts.
This Fifth Supplemental Support Agreement may be executed in any number of
counterparts, each of which shall be an original, all of which together shall constitute but one and
the same instrument.
Section 7.6 Governing Law.
This Fifth Supplemental Support Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia.
9
4814-0496-6675.2
IN WITNESS WHEREOF, the parties have caused this Fifth Supplemental Support
Agreement to be duly executed by their duly authorized representatives as of the date first above
written.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By:
Chairman
CITY OF VIRGINIA BEACH, VIRGINIA
By:
City Manager
Seen and agreed to:
U.S. BANK NATIONAL ASSOCIATION,
As Trustee
By:
Title:
10
4814-0496-6675.2
RECEIPT
Receipt of the foregoing original counterpart of the Fifth Supplemental Support
Agreement dated as of June 1, 2013, between the City of Virginia Beach Development Authority
and the City of Virginia Beach, Virginia, is hereby acknowledged.
U.S. BANK, NATIONAL ASSOCIATION,
as Trustee
By:
Title:
11
4814-0496-6675.2
SCHEDULE OF PAYMENTS
A-1
4814-0496-6675.2
EXHIBIT A
III
DESCRIPTION OF SERIES 2013 PROJECTS
B-1
4814-0496-6675.2
EXHIBIT B
EXHIBIT C
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL REVENUE BOND ADMINISTRATIVE FEE SCHEDULE
Due Date
Administration Fee
2002 Bonds
Administration Fee
All Other Bonds
Administration Fee
Total Bonds
12/1/10
$27,556.25
$35,000.00
$62,556.25
12/1/11
$26,612.50
$35,000.00
$61,612.50
12/1/12
$25,518.75
$35,000.00
$60,518.75
12/1/13
$24,037.50
$35,000.00
$59,037.50
12/1/14
$22,412.50
$35,000.00
$57,412.50
12/1/15
$20,600.00
$35,000.00
$55,600.00
12/1/16
$18,537.50
$35,000.00
$53,537.50
12/1/17
$16,225.00
$34,205.00
$50,430.00
12/1/18
$13,631.25
$29,222.50
$42,853.75
12/1/19
$10,725.00
$23,970.00
$34,695.00
12/1/20
$7,493.75
$18,430.00
$25,923.75
12/1/21
$3,925.00
$12,597.50
$16,522.50
12/1/22
$0.00
$6,455.00
$6,455.00
12/1/23
$0.00
$0.00
$0.00
C-1
4814-0496-6675.2
C
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution Authorizing and Directing the City Manager to Execute a
Memorandum of Agreement Pertaining to the Hampton Roads Regional
Stormwater Management Program
MEETING DATE: May 28, 2013
• Background: The City of Virginia Beach has worked cooperatively within the
region through the Hampton Roads Planning District on storm water management
issues since 1996, when the first Non Point Source Pollution Elimination Permits
(NPDES) were issued. Working collectively with neighboring cities, through HRPDC, on
stormwater management issues has been beneficial. The arrangement reduces
duplication, allows HRPDC to provide us with technical assistance, ensures consistent
programs across region, and allows Hampton Roads cities to speak with larger voice to
regulators.
The first formal MOA with HRPDC for regional stormwater management was executed
in 2003, the second version was executed in 2008. The current MOA expires in June
2013.
• Considerations: This is the continuation of a process the City has beneficially
used since 1996. Total cost to the City for the first year of the arrangement is $90,000.
Funding for this cost is included in the approved FY 14 Resource Management Plan.
• Public Information: Public information will be provided through the normal City
Council agenda process.
• Alternatives: Forego the benefits of working together as a region on this issue
by opting out of this proposed agreement.
• Recommendations: Adopt the resolution authorizing the City Manager to sign
the Memorandum of Agreement
• Attachments: Resolution; Summary of Material Terms; Memorandum of
Agreement.
Recommended Action: Approval of Resolution
Submitting Department/Aency: Public Works y ,0
City Manager:
1 A RESOLUTION AUTHORIZING AND DIRECTING THE
2 CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY
3 OF VIRGINIA BEACH A MEMORANDUM OF AGREEMENT
4 PERTAINING TO THE HAMPTON ROADS REGIONAL
5 STORMWATER MANAGEMENT PROGRAM
6
7
8 WHEREAS, in September 2003 and in March 2008, the member jurisdictions
9 comprising the Hampton Roads Planning District Commission ("HRPDC"), including the
10 City of Virginia Beach, entered into a Memorandum of Agreement with HRPDC to
11 establish the Hampton Roads Regional Stormwater Management Program ("Program");
12 and
13
14 WHEREAS, the Program coordinates actions and leverages funding for technical
15 and advisory assistance to help localities meet the requirements of state -issued
16 stormwater permits, and includes cooperative initiatives in the following areas:
17
18 • Environmental Education;
19
20 • Control of construction site stormwater runoff;
21
22 • Management of stormwater impacts associated with post -construction;
23
24 • Illicit discharge detection and elimination;
25
26 • Municipal pollution prevention;
27
28 • Regional cooperative monitoring;
29
30 • Regional cooperative data tracking; and
31
32 • Monitoring of regulatory changes;
33
34 and
35
36 WHEREAS, the current Memorandum of Agreement expires on June 30, 2013;
37 and
38
39 WHEREAS, it is in the best interests of the City and its residents and businesses
40 to continue participation in the Program;
41
42 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
43 OF VIRGINIA BEACH, VIRGINIA:
44
45 That the City Manager is hereby authorized and directed to execute, on behalf of
46 the City of Virginia Beach, the Memorandum of Agreement Establishing the Hampton
47 Roads Regional Stormwater Management Program, a summary of the material terms of
48 which is hereto attached and a copy of which is on file in the City Clerks' Office.
49
50 Adopted by the City Council of the City of Virginia Beach on the day of
51 , 2013.
52
53
54
55 Approved as to Content: Approved as to Legal Sufficiency:
56
57
58
59 Pub W• rks Department
60
61
62 CA -12636
63 May 14, 2013
64 R-2
65
Udifjj.A.&.
/
City Attorney's Office
2
HAMPTON ROADS REGIONAL STORMWATER MANAGEMENT PROGRAM
MEMORANDUM OF AGREEMENT
SUMMARY OF MATERIAL TERMS
PURPOSE: Address issues arising from Virginia stormwater management regulations
by using regional goals to guide the operation of signatories' stormwater
management programs.
PARTIES: Hampton Roads Planning District Commission and member jurisdictions.
TERM: Expires June 30, 2018.
COST: Pro -rata cost, plus extra services based upon formula (estim. $90,000 first
year, subject to appropriation).
DUTIES:
HRPDC:
• Provide technical support and policy analysis related to stormwater
and water quality issues
• Provide the necessary administrative, technical and clerical
resources to support program activities
• Prepare an annual work program and budget for the Hampton
Roads Regional Stormwater Management Program.
• Assist the localities in coordinating reporting to other state and
federal agencies to ensure that program requirements are met in a
cost-effective manner
• Conduct a regional stormwater education program
• Develop and conduct a regional training program for municipal
employees, contractors, civic leaders and other interested parties.
• Respond to requests from all signatory local governments for
technical assistance.
• Provide other technical support, as requested, to the signatory local
governments.
LOCALITIES:
• Upon request from one or more participating localities, conduct
technical studies to support compliance by the localities with MS4
permit requirements and VSMP program requirements.
• Facilitate development of multi -jurisdictional management plans for
shared watersheds, as requested.
• Take steps, in conjunction with the signatory local governments, to
obtain financial support for program activities from outside sources,
including state, federal and private grants.
• Contract with and manage consultants to support the regional
program.
• Represent the Hampton Roads Regional Stormwater Management
Program at federal, state, regional and local governmental, civic,
professional and political organizations, agencies, and committees
• Prepare annual program reports, or components thereof, which
comply with the provisions of the MS4 permits and stormwater
management programs of the signatory localities.
• Facilitate local government involvement in TMDL studies being
prepared through the Virginia Department of Environmental Quality
and EPA and facilitate preparation of TMDL Implementation Plans
for impaired waters in the Hampton Roads Region as requested.
• Prepare an annual report of activities undertaken through the
Hampton Roads Stormwater Management Program.
• Identify state and federal regulatory actions that may affect local
government stormwater programs, serve on regulatory advisory
panels (RAPs) as necessary, conduct policy analysis, and develop
policy recommendations on behalf of the HRPDC.
• Coordinate the compilation of regional data for MS4 permit annual
reports to the appropriate regulatory authority.
• Appoint one voting member and alternates, as appropriate, to the
Regional Environmental Advisory Committee to represent the local
government stormwater and water quality related concerns.
2
• Appoint a representative and alternates, as appropriate, to the
stormwater education subcommittee of askHRGreen.org.
• Provide all locally generated data required by their MS4 permits
and such other data as may be necessary to accomplish locally
requested services.
• Provide timely technical review of HRPDC analyses and
conclusions.
• Participate in regional efforts to conduct public outreach and
education activities in regard to the state's TMDL study process
and efforts to develop TMDL Implementation Plans for impaired
waters lying within the locality or within watersheds that include the
locality.
• Provide input on regulatory issues to HRPDC staff and serve on
Regulatory Advisory Panels (RAPs) or provide input to the regional
RAP representative as appropriate.
• Support HRPDC efforts to obtain additional funding to support the
regional programs, to the extent that this may be accomplished
without creating a conflict of interest, as determined by the
signatory local governments.
• Provide annual funding to support the agreed-upon regional
program.
3
1 MEMORANDUM OF AGREEMENT ESTABLISHING THE
2 HAMPTON ROADS REGIONAL STORMWATER
3 MANAGEMENT PROGRAM
4
5
6 WHEREAS, Section 15.2-4200 of the Code of Virginia enables local
7 governments to establish Planning District Commissions; and
8
9 WHEREAS, the eighteen local governments that are signatories to this
10 Agreement have acted, in accordance with Section 15.2-4200 of the Code of Virginia, to
11 establish the Hampton Roads Planning District Commission (HRPDC); and
12
13 WHEREAS, the HRPDC has been requested and has undertaken various
14 studies to support local government stormwater management programs, including
15 compliance with Virginia Stormwater Management Program (VSMP) Municipal Separate
16 Storm Sewer (MS4) Permits; and
17
18 WHEREAS, the signatory local governments have requested the HRPDC to
19 administer and coordinate a regional stormwater management program; and
20
21 WHEREAS, pursuant to the Clean Water Act, the U.S. Environmental Protection
22 Agency (EPA) has promulgated implementing regulations, 40 Code of Federal
23 Regulations Part 122, which established the National Pollutant Discharge Elimination
24 System (NPDES) Permits for Municipal Separate Storm Sewer System (MS4)
25 Discharges; and
26
27 WHEREAS, pursuant to the Virginia Stormwater Management Act, 10.1-603.1,
28 et. seq. of the Code of Virginia, 1950 As Amended, the Board of Soil and Water
29 Conservation has promulgated implementing regulations 4 VAC 50-60, et. seq., which
30 establish the requirements that localities obtain permits for their MS4 discharges; and,
31
32 WHEREAS, the majority of the eighteen signatory local governments are
33 required by their MS4 permits to conduct certain activities, including reporting on their
34 discharges, conducting public information and education programs, and certain other
35 activities; and
36
37 WHEREAS, the Water Quality Monitoring and Reporting Act and implementing
38 regulations promulgated by the State Water Control Board establish requirements for
39 the preparation of Total Maximum Daily Load (TMDL) Implementation Plans, which
40 apply to activities conducted by localities in general as well as activities conducted in
41 implementing MS4 permit requirements; and,
42
43 WHEREAS, the Chesapeake Bay Preservation Act and the Virginia Erosion and
44 Sediment Control Law and implementing regulations also establish stormwater
45 management requirements that govern one or more of the eighteen signatory local
46 governments; and,
47
1
48 WHEREAS, sixteen local governments and the HRPDC executed the
49 Memorandum of Agreement Establishing the Hampton Roads Regional Stormwater
50 Management Program on September 5, 2003 and that Agreement expired on
51 December 31, 2007; and,
52
53 WHEREAS, eighteen local governments and the HRPDC executed the
54 Memorandum of Agreement Establishing the Hampton Roads Regional Stormwater
55 Management Program on March 6, 2008 and that Agreement expires on June 30, 2013,
56
57 NOW THEREFORE, the signatory parties enter into the following Agreement.
58
59 This Memorandum of Agreement entered into this first day of July 2013, among
60 and between the eighteen local governments in Hampton Roads and the HRPDC,
61 establishes and maintains the Hampton Roads Regional Stormwater Management
62 Program.
63
64 BASIC PREMISES
65
66 All local governments in Hampton Roads operate stormwater management
67 programs.
68
69 The Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth and
70 Virginia Beach received VPDES Permits in 1996. Those permits, which were renewed
71 in 2001, govern the discharges from their MS4s to waters of the state and impose
72 certain operational and reporting requirements on those systems. In 2005, these
73 permits were converted to VSMP permits. These permits must be renewed on a five (5)
74 year basis and the localities applied for renewed permits in 2005. Localities continue to
75 operate programs under administratively continued permits. Permit renewals are
76 expected in 2014.
77
78 The Cities of Poquoson, Suffolk and Williamsburg and the Counties of
79 Gloucester, Isle of Wight, James City, and York were all identified by the EPA as
80 requiring VPDES permits under Phase II of the MS4 regulations. Those localities that
81 operate MS4s obtained VPDES permits in March 2003. Those permits also imposed
82 certain operational and reporting requirements on those systems. In 2005, these
83 permits were converted to VSMP permits. These permits must be renewed on a five (5)
84 year basis with the next renewal planned for 2013.
85
86 Although Gloucester County was initially identified by the EPA as requiring a
87 Phase H MS4 permit, it was subsequently determined that permit coverage for
88 Gloucester County was not required.
89
90 The City of Franklin, the Counties of Gloucester, Southampton and Surry and the
91 Towns of Smithfield and Windsor are governed by stormwater management
92 requirements established under the Virginia Stormwater Management Act and the
93 Virginia Erosion and Sediment Control Law. The Chesapeake Bay Preservation Act
94 also governs Gloucester and Surry Counties and the Towns of Smithfield and Windsor.
95
2
96 As of July 1, 2014, all localities must develop stormwater management programs
97 that meet the minimum requirements established in the Virginia Stormwater
98 Management Act. The Virginia Stormwater Management Act imposes operational and
99 reporting requirements on all localities that are required to implement stormwater
100 management programs.
101
102 The local governments are interested in managing stormwater in a manner which
103 protects and does not degrade waters of the state and which meets locally established
104 quality of life goals and objectives. The Clean Water Act and the VSMP require that
105 stormwater quantity and quality be managed to the maximum extent practicable.
106
107 In carrying out their stormwater management responsibilities, the aforementioned
108 local governments have developed a consensus on regional goals to guide the
109 operation of their stormwater management programs. Initially, approved by the
110 HRPDC at its Executive Committee Meeting of September 15, 1999, they are:
111
112 1. Manage stormwater quantity and quality to the maximum extent practicable
113 (MEP)
114
115 Implement best management practices (BMP) and retrofit flood control projects to
116 provide water quality benefits.
117 Support site planning and plan review activities.
118 Manage pesticide, herbicide and fertilizer applications.
119
120 Implement public information activities to increase citizen awareness and support for the
121 program.
122
123 3. Meet the following needs of citizens:
124
125 Address flooding and drainage problems.
126 Maintain the stormwater infrastructure.
127 Protect waterways.
128 Provide the appropriate funding for the program.
129
130 4. Implement cost-effective and flexible program components.
131
132 5. Satisfy MS4 stormwater permit requirements:
133
134 Enhance erosion and sedimentation control.
135 Manage illicit discharges, spill response, and remediation.
136
137 This Agreement establishes the administrative framework, which will be used by the
138 local governments in Hampton Roads to address certain stormwater management
139 requirements under the above-cited state and federal laws and regulations.
140
141 Eighteen local governments in the Hampton Roads Region will be participants in and
142 signatories to the Agreement.
143
3
144
145 HRPDC RESPONSIBILITIES
146
147 Under the terms of this Agreement, the HRPDC staff is responsible for the following:
148
149 Provide technical support and policy analysis related to stormwater and water quality
150 issues to local government staff.
151
152 Provide the necessary administrative, technical and clerical resources to support
153 program activities in order to ensure that the MS4 permit -holding cities and counties
154 meet applicable stormwater management requirements.
155
156 Prepare an annual work program and budget for the Hampton Roads Regional
157 Stormwater Management Program. The annual work program will be incorporated into
158 the HRPDC Unified Planning Work Program and the annual budget will be incorporated
159 into the HRPDC budget.
160
161 Assist the signatories in coordinating reporting on stormwater related activities to other
162 state and federal agencies to ensure that program requirements are met in a cost -
163 effective manner, which minimizes duplicative reporting and the administrative burden
164 on the signatories.
165
166 Conduct a regional stormwater education program. This will include public education
167 activities and may include outreach to specific economic sectors and groups. The
168 stormwater education subcommittee of askHRGreen.org will be responsible for guiding
169 the development of original materials, including publications, media advertising and
170 promotional items. This may also include development of locality -specific materials or
171 coordination of bulk purchases. The stormwater education subcommittee of
172 askHRGreen.org will coordinate with HRPDC staff on the educational and outreach
173 components of the Hampton Roads Regional Stormwater Management Program.
174
175 Develop and conduct a regional training program for municipal employees, contractors,
176 civic leaders and other interested parties. The training program will emphasize
177 stormwater management, pollution prevention and permit issues.
178
179 Respond equitably and in a timely fashion to requests from all signatory local
180 governments for technical assistance. The time frame for responses will be based on
181 experience, the complexity of individual requests and the overall work load of program
182 staff.
183
184 Provide other technical support, as requested, to the signatory local governments.
185
186 Upon request from one or more participating localities, conduct technical studies to
187 support compliance by the localities with MS4 permit requirements and VSMP program
188 requirements.
189
190 Facilitate development of multi -jurisdictional management plans for shared watersheds,
191 as requested.
4
192
193 Take steps, in conjunction with the signatory local governments, to obtain financial
194 support for program activities from outside sources, including state, federal and private
195 grants, to the extent that this may be accomplished without creating a conflict of
196 interest, as determined by the signatory local governments.
197
198 Contract with and manage consultants, including both private firms and academic
199 institutions, to support the regional program, including provision of requested services to
200 local governments in excess of the common program elements.
201
202 Represent the Hampton Roads Regional Stormwater Management Program at federal,
203 state, regional and local governmental, civic, professional and political organizations,
204 agencies, and committees.
205
206 Provide technical and administrative support, as appropriate, to those localities that are
207 required to develop stormwater management programs to meet VSMP requirements,
208 but that are not required to obtain MS4 permits for their stormwater discharges.
209
210 Prepare annual program reports, or components thereof, which comply with the
211 provisions of the MS4 permits and stormwater management programs of the signatory
212 localities.
213
214 Facilitate local government involvement in TMDL studies being prepared through the
215 Virginia Department of Environmental Quality and EPA and facilitate preparation of
216 TMDL Implementation Plans for impaired waters in the Hampton Roads Region as
217 requested.
218
219 Prepare an annual report of activities undertaken through the Hampton Roads
220 Stormwater Management Program. This report will include summaries of related
221 activities undertaken on a cooperative basis by the signatories.
222
223 Identify state and federal regulatory actions that may affect local government
224 stormwater programs, serve on regulatory advisory panels (RAPs) as necessary,
225 conduct policy analysis, and develop policy recommendations on behalf of the HRPDC.
226
227 Coordinate the compilation of regional data for MS4 permit annual reports to the
228 appropriate regulatory authority.
229
230
231
232
233 LOCAL GOVERNMENT RESPONSIBILITIES
234
235 Under the terms of the Agreement, the signatory local governments are responsible for
236 the following:
237
238 Appoint one voting member and alternates, as appropriate, to the Regional
239 Environmental Advisory Committee to represent the local government stormwater and
5
240 water quality related concerns. Generally, the voting representative should be the MS4
241 permit or program administrator.
242
243 Appoint a representative and alternates, as appropriate, to the stormwater education
244 subcommittee of askHRGreen.org.
245
246 Provide, in a timely fashion, all locally generated data required by their MS4 permits and
247 such other data as may be necessary to accomplish locally requested services.
248 Provide timely technical review of HRPDC analyses and conclusions.
249
250 Participate in regional efforts to conduct public outreach and education activities in
251 regard to the state's TMDL study process and efforts to develop TMDL Implementation
252 Plans for impaired waters lying within the locality or within watersheds that include the
253 locality.
254
255 Provide input on regulatory issues to HRPDC staff and serve on RAPs or provide input
256 to the regional RAP representative as appropriate.
257
258 Support HRPDC efforts to obtain additional funding to support the regional programs, to
259 the extent that this may be accomplished without creating a conflict of interest, as
260 determined by the signatory local governments.
261
262 Provide annual funding to support the agreed-upon regional program.
263
264 METHOD OF FINANCING
265
266 Program costs will be allocated on a pro-rata basis among the local governments.
267 Annual costs will be allocated according to a formula reflecting the local share of
268 regional population. Costs for additional projects or services will be allocated based on
269 a formula developed by the HRPDC staff and approved by the HRPDC with the
270 concurrence of the signatory local governments. The most current estimate of
271 population developed by the Weldon Cooper Center for Public ServiceNirginia
272 Employment Commission will be used as the population base for allocating program
273 costs. Local contributions may be adjusted on an annual basis to reflect program
274 experience and projected program expenditures necessary to satisfy permit
275 requirements and local needs. A locality will not be assessed for any services which it
276 refuses in writing.
277
278 Individual local governments may request specific services from the HRPDC, which are
279 in excess of the program elements common to all participants. The cost of such
280 services will be borne by the requesting locality or localities.
281
282 Financial support from other entities, such as state and federal agencies, and the
283 private sector, may be sought and obtained to support the activities of the Hampton
284 Roads Regional Stormwater Management Program , to the extent that this may be
285 accomplished without creating a conflict of interest, as determined by the signatory local
286 governments..
287
6
288 AVAILABILITY OF FUNDS
289
290 Performance by the HRPDC of its responsibilities under this Agreement is subject to the
291 availability of funding from the signatory local governments. Failure of the local
292 governments to provide the necessary funding to support these activities will constitute
293 a Notice to Modify or Terminate the Agreement.
294
295 MODIFICATIONS
296
297 Modifications to this Memorandum of Agreement must be submitted in writing, approved
298 by the HRPDC, and accepted by all signatories.
299
300 DURATION AND TERMINATION
301
302 This Agreement will have a term of five years, extending from the date of full execution
303 of the renewed Agreement by the signatories or June 30, 2013, whichever occurs last
304 through June 30, 2018. To conform to local government charter and Virginia Code
305 requirements, the funding provisions of this Agreement will be subject to annual
306 appropriations.
307
308 No later than January 1, 2018, the signatories will institute a formal reevaluation of the
309 Hampton Roads Regional Stormwater Management Program. This reevaluation will
310 serve as the basis for appropriate modification of the Agreement and the Hampton
311 Roads Regional Stormwater Management Program.
312
313 Any signatory may terminate its participation in the Hampton Roads Regional
314 Stormwater Management Program by written Notice To Terminate to all other parties.
315 Such termination will be effective with the start of the following Fiscal Year. Depending
316 upon the terms of individual VSMP permits, termination of participation in the Hampton
317 Roads Regional Stormwater Management Program in the middle of a permit term may
318 result in changes to permit conditions and require renegotiation of the individual
319 locality's VSMP permit from the state (Virginia Department of Conservation and
320 Recreation).
321
322 OWNERSHIP OF PROPERTY
323
324 It is not the intent of the signatories that the Memorandum of Agreement will result in the
325 purchase, ownership, leasing, holding or conveying of any real property.
326
327 INDEMNITY
328
329 It is the intent of the signatories that no signatory will be held liable for any damage or
330 associated penalties caused by or associated with the failure of any other signatory to
331 discharge its duties or to exercise due diligence in discharging its duties under this
332 Agreement, and that no signatory, by entering this Agreement, waives any defenses or
333 immunities available to it at law, including, but not limited to, those set forth in Section
334 15.2-970 of the Code of Virginia.
335
7
336 It is the intent of the signatories that no signatory will be held liable for any damage or
337 associated penalties caused by or associated with the failure of any other signatory to
338 comply with the terms and conditions of the signatory's VSMP permit.
339
340
341
342
343 (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
344 LIST OF SIGNATORIES
345
346 Signature pages will be signed in counterparts.
347
348 CITY OF CHESAPEAKE
349
350 CITY OF FRANKLIN
351
352 GLOUCESTER COUNTY
353
354 CITY OF HAMPTON
355
356 ISLE OF WIGHT COUNTY
357
358 JAMES CITY COUNTY
359
360 CITY OF NEWPORT NEWS
361
362 CITY OF NORFOLK
363
364 CITY OF POQUOSON
365
366 CITY OF PORTSMOUTH
367
368 SOUTHAMPTON COUNTY
369
370 CITY OF SUFFOLK
371
372 SURRY COUNTY
373
374 CITY OF VIRGINIA BEACH
375
376 CITY OF WILLIAMSBURG
377
378 YORK COUNTY
379
380 TOWN OF SMITHFIELD
381
382 TOWN OF WINDSOR
383
384 HAMPTON ROADS PLANNING DISTRICT COMMISSION
385
386 This listing of participants will be followed by individual signature pages.
387
388
389
390
391
392
393 IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and
394 the Executive Director of the Hampton Roads Planning District Commission hereby
395 execute this Agreement.
396
397 City of Virginia Beach
398
399
400
401
402 By:
403 City Manager or Designee
404
405
406 Date:
407
408
409 Date:
410
411
412 Attest:
413
10
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance authorizing the City Manager to execute leases for
five years or less with Virginia Beach Community Development
Corporation for the use of two (2) residential properties (GPINS: 2407-94-
8554 and 2417-15-3174).
MEETING DATE: May 28, 2013
• Background: Virginia Beach Community Development Corporation ("VBCDC")
would like to lease two (2) residential properties (the "Properties") from the City of
Virginia Beach (the "City"). The Properties are located at:
• 1541 New York Avenue (GPIN 2407-94-8554); and
• 200 Webster Place (GPIN 2417-15-3174).
The Properties were acquired by the City through the APZ-1 Acquisition Program and
are all improved with residential structures in good condition. These dwellings will be
used for affordable rental housing for Virginia Beach residents.
The Properties are currently being leased by VBCDC under the same terms pursuant to
Ordinance 3039E adopted June 24, 2008. The pending leases will expire on June 30,
2013.
■ Considerations: Each lease would be for a term of one (1) year, with four one-
year renewals. Other terms are set forth in the attached Summary of Terms.
• Public Information: Advertisement of Public Hearing
Advertisement of City Council Agenda
• Alternatives: Approve terms of the proposed leases as presented, alter terms
of the proposed leases, or decline to lease the Properties.
■ Recommendations: Approval
• Attachments: Ordinance, Summary of Terms, Location maps
Recommended Action: Approval
Submitting Department/Agency: Public Works
City Manager:
, enti,
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
2 EXECUTE LEASES FOR FIVE YEARS OR LESS WITH VIRGINIA
3 BEACH COMMUNITY DEVELOPMENT CORPORATION FOR
4 THE USE OF TWO (2) RESIDENTIAL PROPERTIES (GPINS:
5 2407-94-8554 AND 2417-15-3174).
6
7 WHEREAS, the City of Virginia Beach (the "City") is the owner of
8 those certain parcels of land and the residences thereon located at 1541 New
9 York Avenue (GPIN 2407-94-8554); and 200 Webster Place (GPIN 2417-15-
10 3174) and shown on Exhibit "A" attached hereto (the "Properties");
11
12 WHEREAS, the Virginia Beach Community Development Corporation
13 ("VBCDC") has requested to lease the Properties for $1.00 per year each, and
14 will perform all required maintenance;
15
16 WHEREAS, City Council approved the pending leases of the Properties
17 by VBCDC pursuant to Ordinance 3039E adopted June 24, 2008. The pending
18 leases will expire on June 30, 2013;
19
20 WHEREAS, VBCDC would like to enter into formal leases with the City for
21 the Properties pursuant to the Summary of Terms attached hereto as Exhibit "B";
22 and
23
24 WHEREAS, the Properties will be utilized for affordable housing for
25 Virginia Beach residents and for no other purpose.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
28 CITY OF VIRGINIA BEACH, VIRGINIA:
29
30 That the City Manager is hereby authorized to execute two (2) leases,
31 each for a term of five years or less, between VBCDC and the City, for the
32 Properties in accordance with the Summary of Terms attached hereto and such
33 other terms and conditions deemed necessary and sufficient by the City Manager
34 and in a form deemed satisfactory by the City Attorney.
35
36 Adopted by the Council of the City of Virginia Beach, Virginia on the
37 day of , 2013.
CA12538
2/8/13
R-1
\\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d008\p021 \00057144.doc
APPROVED AS TO LEGAL
APPROVED AS TO CONTENT
Facilities nagemen
EXHIBIT "A"
GPIN: 2407-94-8554
ALL THAT certain lot, piece, or parcel of land, together with the buildings and
improvements thereon, situate, lying and being in the City of Virginia Beach,
Virginia, and known and designated as the Northern one-half of Lot 8, Block 5,
Oceana Gardens, which plat is duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia in Map Book 3, at page 51.
IT BEING the same property conveyed to the City of Virginia Beach by deed from
Karen B. McGuire, dated November 29, 2007, and recorded in the aforesaid
Clerk's Office as Instrument Number 20071217001659630.
GPIN: 2417-15-3174
ALL THAT certain lot, piece or parcel of land, with the buildings and
improvements thereon, situate, lying and being in the City of Virginia Beach
(formerly Princess Anne County), Virginia and being known, numbered and
designated as Lot Ten (10), as shown on that certain plat entitled, "Bartow
Heights," which plat is duly recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach (formerly Princess Anne County), Virginia in Map Book
54, at page 45..
IT BEING the same property conveyed to the City of Virginia Beach from Roland
S. Bell and Chris T. Bell by deed dated March 19, 2008 and recorded in the
aforesaid Clerk's Office as Instrument Number 20080409000407640.
EXHIBIT B
SUMMARY OF TERMS
LESSOR: City of Virginia Beach ("City")
LESSEE: Virginia Beach Community Development Corporation ("VBCDC")
PREMISES: Two residential properties:
• 1541 New York Avenue (GPIN 2407-94-8554); and
• 200 Webster Place (GPIN 2417-15-3174).
TERM: July 1, 2013, through June 30, 2014, with 4 one-year renewal
options
RENT: $1.00 per year for each property
RIGHTS AND RESPONSIBILITIES OF VBCDC (as to each lease):
• Will use the Premises for affordable rental housing for Virginia Beach
residents and for no other purpose.
• At no time shall more than one single-family reside in the dwelling unit.
• Will keep, repair, and maintain the Premises at its expense.
• Will maintain, and replace as necessary, noise attenuation improvements
and will maintain the property in compliance with all City Codes.
• Will maintain commercial general liability insurance coverage with policy
limits of not less than one million dollars ($1,000,000) combined single
limits per occurrence. VBCDC shall provide a certificate evidencing the
existence of such insurance.
• Will comply with all applicable laws, ordinances, and regulations in the
performance of its obligations under the lease.
TERMINATION: The City may terminate each lease at any time without
cause upon thirty (30) days' written notice.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance authorizing the City Manager to execute a 30 -year lease with one
10 -year renewal option with AH Sandbridge, LLC for City -owned right-of-way
located adjacent to and for the benefit of 2101 Princess Anne Road for the
purpose of erecting temporary signage
MEETING DATE: May 28, 2013
• Background: The City of Virginia Beach (the "City") acquired right-of-way ("City
ROW") adjacent to 2101 Princess Anne Road, GPIN 2414-12-9860 (the
"Property") for the future widening of Princess Anne Road, under CIP 2-195 (the
"Project").
AH Sandbridge, LLC ("AH Sandbridge") is a Virginia-based developer that is in
the process of purchasing the Property for the purpose of developing a shopping
center whose anchor tenant will be Harris Teeter.
Because the Project is not expected to be completed for several years, AH
Sandbridge has requested to lease 3,911 square feet of City ROW (the
"Premises") for the purpose of erecting signage that will be visible from Princess
Anne Road.
• Considerations: This lease would be for a term of thirty (30) years with one ten
(10) year renewal option. AH Sandbridge would be responsible for all
improvements to the Premises, which will be restricted to signage, lighting and
appropriate landscaping only. The City would have no financial or other
obligations for the Premises during the term of the lease.
• Rent: In lieu of an annual rent payment, AH Sandbridge will demolish the
buildings currently leased to Bonney & Sons Seafood and Sandbridge Towing,
located on City ROW near the corner of Princess Anne Road and Sandbridge
Road, at its sole expense and at a future date as directed by the City.
• Public Information: The bid request was advertised in The Virginian -Pilot once
per week for two successive weeks, and the public hearing, as required by
statute, was advertised once in The Virginian -Pilot.
• Alternatives: Approve terms of the lease as presented, modify terms of the
lease or decline to lease the Premises.
• Recommendations: Approval
■ Attachments: Ordinance
Summary of Terms
Location Map
Recommended Action: Approval
Submitting Department/Agency: Public Works / Facilities Management
City Managers '. \L. •b526(''\
\\vbgov.com\DFS t \Applications\CityLawProd\cycom32\Wpdocs\D029\P016\00069145.DOC
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A 30 -YEAR LEASE
3 WITH ONE 10 -YEAR RENEWAL OPTION WITH
4 AH SANDBRIDGE, LLC FOR CITY -OWNED
5 RIGHT-OF-WAY LOCATED ADJACENT TO
6 AND FOR THE BENEFIT OF 2101 PRINCESS
7 ANNE ROAD FOR THE PURPOSE OF
8 ERECTING TEMPORARY SIGNAGE
9
10 WHEREAS, the City of Virginia Beach (the "City") owns unimproved right-of-way
11 (the "City ROW") located adjacent of 2101 Princess Anne Road (GPIN 2414-12-9860); and
12
13 WHEREAS, AH Sandbridge, LLC ("AH Sandbridge") desires to lease 3,911 square
14 feet of the City ROW (the "Premises") and enter into a 30 -Year lease agreement with one
15 ten (10) year renewal option for the purpose of erecting signage for a proposed shopping
16 center.
17
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 That the City Manager is hereby authorized to execute a lease for the Premises for
22 a term of thirty (30) years with one ten (10) year renewal option, between AH Sandbridge,
23 LLC and the City of Virginia Beach, as shown on the plan attached hereto as Exhibit A and
24 made a part of this Ordinance, and in accordance with the Summary of Terms attached
25 hereto as Exhibit B and made a part of this Ordinance, and such other terms, conditions or
26 modifications as may be acceptable to the City Manager and in a form deemed satisfactory
27 by the City Attorney.
28
29 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
30 , 2013.
APPROVED AS TO CONTENT:
Public W / Faciliti
Management
CA12564
\\vb gov.com\DF S1 W pplications\CityLawProd\cycom32\W pdocs\D030\P014\00067421. DOC
R-1
May 14, 2013
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney
161-y-amc-,/
EXHIBIT "A"
SEE SHEET 2 OF 2 FOR NOTES & CURVE TABLE.
Njt
SCHOOL BOARD OF ATE
CITY OF VIRGINIA BEACH
(DB 4049, PG 166)
(MB 275, PG 32)
GPIN 2414-13-3361
N 3443378.1599
E 12211910.9723
L=455.25'
VAR/ABLE WIDTH
1EMPORARY
CONSIRUCAON EASEMENT
(UNRECORDED)
25' PERMANENT UALITY
EASEMENT
(INST 20090605000634040)
PARCEL C-1
(1NSTR 20120321000313070)
GPIN 2414-12-9860
1EMPORARY CONSIRUC17ON
EASEMENT
(INST 20090605000634040)
N 3442868.5328
E 12212312.1923
425.40'
S33'49'26"W
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•
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3,911 S.F. LEASED AREA TO
BENEFIT PARCEL C-1
(GPIN 2414-12-9860)
-PREVIOUS RIGHT-OF-WAY DEDICA 170N
(INST /20090605000634040)
1
L,172.24'
=124'
R=372.g6
PR/N4SS ANNE ROAD STA IE
ROUX 615
(VAR. MD 771 RAV)
(INST /20090605000634040)
JOBB 08079
EXHIBIT SHOWING
3,911 S.F. LEASED AREA TO BEN F -LT ----
PARCEL C-1 (GPIN 2414-12-9880)
(INSTR. 20120321000313070)
VIRGINIA BEACH, VIRGINIA
APRIL 2, 2013
MSA= P.C.
Environmental Sciences • Planning • Surveying
Civil x. Ian insuncrfal Gngineering • kaixiscape Arela uie
5033 Rouse Drive. Virginia 1,leach. VA 23,162
757-490-9261 (Oft) 757-490-0631 I Fax 1
ssAv. msaonline.com
DATE: 04-02-13
SCALE: 1"=100'
- JEFFREY J. E1 LTI1ER
Lit ". -171-0-. 2306
.41/4
(ANO SUR`N-
DWN BY: CJS
SHEET 1 OF 2
N01ES:
1. THE PURPOSE OF TIIIS EXHIBIT IS TO SHOW A 3,911 S.F. LEASED AREA 10 BENEFIT
PARCEL C-1 (GPIN 2414-12-9860) AND IS NOT TO BE CONSIDERED A BOUNDARY
SURVEY.
2. MERIDAN SOURCE BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE,
NAD83/93 HARN.
CURVE TABLE
CURVE
RADIUS
LENGTH
TANGENT
CHORD
BEARING
DELTA
01
1571.50
347.54
174.48
346.83
N39' 34' 15"W
12'40'16"
C2
1571.50
20.00
10.00
20.00
N32' 52' 15"W
0'43'45"
C3
1571.50
157.31
78.72
157.25
N29' 38' 18"W
5'44'08"
C4
1571.50
524.85
264.89
522.41
N36' 20' 19"W
19'08'08"
EXI-IBIT SHOWING
3,911 S.F. LEASED AREA TO BENEFIT
PARCEL C-1 (GPIN 2414-12-986
(INSTR. 20120321000313070)
VIRGINIA BEACH, VIRGINIA
APRIL 2, 2013
TMA, F_ .
Environmental Scia ices • Plm ming • Surveying
Civil & En ilTmmenial Engineering • Landscape
5033 120use Drive. Virginia Beach, VA 234(12
757-490-9264 (WO757-490-0634 (Pax)
wwii.msaonline.com
O\
JEFFRE_Y77VI�ER THER'-
L_.. _ -Lie..-No7"2306
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�ND SUR��O
EXHIBIT B
SUMMARY OF TERMS
LEASE OF 3,911 SQUARE FEET OF CITY -OWNED RIGHT-OF-WAY
LOCATED ADJACENT TO 2101 PRINCESS ANNE ROAD
LESSOR: City of Virginia Beach (the "City")
LESSEE: AH Sandbridge, LLC ("AH Sandbridge")
PREMISES: Approximately 3,911 square feet of City right-of-way located adjacent to
2101 Princess Anne Road (GPIN 2414-12-9860)
TERM: Thirty (30) years with one ten (10) year renewal option
RENT: In lieu of an annual rent payment, AH Sandbridge will demolish the
buildings currently leased to Bonney & Sons Seafood and Sandbridge
Towing, located on City right-of-way near the corner of Princess Anne
Road and Sandbridge Road, at its sole expense.
RIGHTS AND RESPONSIBILITIES OF AH SANDBRIDGE, LLC (LESSEE):
• Keep, repair, and maintain the Premises in a workmanlike manner at its sole
expense.
• Maintain commercial general liability insurance coverage with policy limits of not
less than one million dollars ($1,000,000) combined single limits per occurrence,
issued by an insurance company licensed to conduct the business of insurance in
Virginia. Such insurance shall name the City of Virginia Beach as an additional
insured. Lessee shall provide a certificate evidencing the existence of such
insurance.
• Assume the entire responsibility and liability for any and all damages to persons
or property caused by any act or omission of the Lessee or its agents, etc.
associated with the use of the Premises.
• At a future date as directed by the City, demolish and remove the existing
commercial structures located on City right-of-way near the corner of Princess
Anne Road and Sandbridge Road.
• City may require AH Sandbridge to remove some or all of the improvements
within thirty (30) days after termination by either party.
RESPONSIBILITIES OF THE CITY (LESSOR):
• The City will have no ongoing responsibilities on the Premises during the term of
the Lease.
• City may terminate this lease with sixty (60) days' notice, in the event the
Premises is needed for the Project or for any public purpose.
\\vbgov. com\DFS l \Applications\CityLawProd\cycom32\ W pdocs\D029\PO 16\00067145. DOC
C
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Awarding the Lease of City -Owned Property Located on the
West Side of the 1000 -Block of Prosperity Road for the Purpose of Developing
and Operating a Camp for Children with Special Needs and Disabled Veterans
MEETING DATE: May 28, 2013
■ Background: The City of Virginia Beach (the "City") owns a parcel of land
containing approximately 132 acres, located on the west side of the 1000 -block
of Prosperity Road (GPIN 2416-70-8636). City staff has been approached by the
Virginia Gentlemen Foundation, Inc., a 501(c)(3) non-profit organization ("VGF")
about entering into a long-term lease for approximately 69 acres of said property
for the purpose of developing and operating a camp for children with special
needs and disabled veterans (the "Premises").
As required by statute for leases of City property in excess of 5 years, the City
advertised for proposals to lease the Premises. The City received one proposal
from VGF, proposing to develop the Grommet Inland Adventure Camp and Park
for EveryBODY ("Camp Grom"), a day -use adventure camp and park on the
Premises for persons with special needs or disabilities, wounded veterans, and
families of fallen heroes.
Staff has evaluated VGF's proposal and recommends leasing the Premises on a
long-term basis to VGF, on the terms and conditions set forth in the Summary of
Terms attached to the Ordinance.
• Considerations: The lease would be for a term of 40 years. VGF would be
responsible for all construction, operation and maintenance on the Premises.
The City would have no financial or other obligations on the Premises during the
term of the lease.
■ Public Information: An Ordinance to advertise for bids for proposals to lease
the Premises was advertised on City Council's Agenda for the March 26, 2013
Council meeting, at which time Council unanimously adopted the Ordinance
(ORD -32671). The bid request was advertised in The Virginian -Pilot once per
week for two successive weeks (April 7, 2013 and April 14, 2013). Bids were
opened on April 23, 2013. A public hearing, as required by statute, was
advertised in The Virginian -Pilot on May 5, 2013, and public comments were
heard on May 14, 2013. This Ordinance has been advertised on the City Council
Agenda.
• Alternatives: Approve terms of the lease agreement as presented, modify
terms of the lease or decline to lease the Premises.
• Recommendations: Approval
• Attachments: Ordinance
Summary of Terms
Location Map
Recommended Action: Approval
'K/-ZV—
Submitting Department/Agency: Dept. of Parks & Recreation'
City Manager__, . D,i,
\\vbgov.comDFS1W lications\Cit rod\c com32\W docs\D001\P014\000635
PP Y Y P 93.DOC
1 AN ORDINANCE AWARDING THE LEASE OF
2 CITY -OWNED PROPERTY LOCATED ON THE
3 WEST SIDE OF THE 1000 -BLOCK OF
4 PROSPERITY ROAD FOR THE PURPOSE OF
5 DEVELOPING AND OPERATING A CAMP FOR
6 CHILDREN WITH SPECIAL NEEDS AND DISABLED
7 VETERANS
8
9 WHEREAS, the City of Virginia Beach (the "City") owns a 132+/- acre parcel of
10 property located on the west side of the 1000 -block of Prosperity Road (GPIN 2416-70-
11 8636) (the "City Property");
12
13 WHEREAS, the City received an unsolicited proposal to lease a 69+/- acre
14 portion of the City Property (the "Premises") for the purpose of developing and operating
15 a camp for children with special needs and disabled veterans, and in response, the City
16 issued a request for proposals for lease of the Premises;
17
18 WHEREAS, on April 23, 2013, in response to the City's request for proposals,
19 one proposal was received from the Virginia Gentlemen Foundation, Inc., a 501(c)(3)
20 non-profit organization ("VGF"); and
21
22 WHEREAS, City staff has reviewed the proposal submitted by VGF and
23 recommends awarding a lease of the Premises to VGF in conformance with VGF's
24 proposal, for a term of 40 years, upon the terms and conditions as set forth in the
25 Summary of Terms attached hereto as Exhibit A.
26
27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
28 OF VIRGINIA BEACH, VIRGINIA:
29
30 That the City Manager is hereby authorized to execute a lease between Virginia
31 Gentlemen Foundation, Inc. and the City, for approximately 69 acres of City -owned
32 property, for the term of 40 years, in accordance with the Summary of Terms, attached
33 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or
34 modifications as may be acceptable to the City Manager and in a form deemed
35 satisfactory by the City Attorney.
36
37
38
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
, 20 .
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM: ,
City Attorney
CA12550
\\vbgov.com\DFS 1 \ Applications \CityLawProd\cycom32\ Wpdocs\D00I \P014\00063601. DOC
R-1
May 21, 2013
APPROVED AS TO CONTENT:
& Recreation
EXHIBIT A - SUMMARY OF TERMS
LEASE BETWEEN VIRGINIA GENTLEMEN FOUNDATION, INC.
AND THE CITY OF VIRGINIA BEACH
FOR CAMP GROM
• Leased premises of approximately 69 acres (portion of GPIN 2416-70-8636) at the 1000 -block of
Prosperity Road.
• 40 year term (with extensions as permitted under Section 15.2-2100 of the Code of Virginia and
approved by City Council).
Rent of $1 per year.
Use restricted to day -use adventure camp and park for persons with special needs or disabilities,
wounded veterans, and families of fallen heroes (together with certain accessory uses related and
subordinate thereto). Programs and activities may include (but are not limited to) swimming, fishing,
wakeboarding, canoeing, ropes course, and field activities. Such programs and activities may change
over the years due to opportunities offered by medical and technological advancements.
• No overnight stays, camping events, etc. will be allowed on the Premises, and Lessee must comply
with all deed restrictions.
• Lessee is responsible for obtaining all necessary local, state, and federal governmental approvals
for any uses or construction on the Premises.
No assignment or subletting will be permitted without prior City approval.
• Lessee will indemnify City for injury to person or property that occurs on the premises during the
term (except for injury caused by gross negligence or willful misconduct of City agents or employees).
City will have no maintenance or capital repair/renovation responsibilities.
Set up fees and recurring utility charges shall be the responsibility of the Lessee.
• City will not subordinate its interest to the lien of a deed of trust (although the Lessee will be
permitted to pledge its leasehold interest to one or more lenders to secure construction or other loans).
• Upon termination or expiration of the Lease, the City shall assume ownership of the Improvements.
• Construction of the proposed recreational lake and at least two (2) permanent, programmable
structures ("Improvements") will commence within three (3) years after final site plan approval or by
July 1, 2017, whichever occurs first, and will be completed within two (2) years after commencement.
• Once Improvements are complete, the camp must operate programs on a continuous basis. Official
or unofficial closure of the camp (defined as no programs planned or held upon the property for 12
consecutive months or more), will result in the City's ability to invoke its right to terminate the Lease
and take possession of the Improvements located on the Premises. Such 12 month period shall be
tolled during periods of construction or renovation of the improvements located on the Premises, or
during any periods in which the City restricts or denies the Lessee access to the Premises.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Approving the Voluntary Acquisition of Properties located at 516,
517, 520, 521 and 524 Downey Drive in Virginia Beach, Virginia and
Transferring $1,325,000 from CIP 2-048 "Princess Anne Road/Kempsville
Road Intersection Improvements" to CIP 3-139 "Various Site Acquisitions —
Phase II" for the Purchases and Associated Costs.
MEETING DATE: May 28, 2013
• Background: The property owners of 516, 517, 520, 521 and 524 Downey
Drive (the "Properties") wish to sell the Properties to the City on a voluntary basis.
The acquisition of the Properties will allow the City to implement a portion of the Historic
Kempsville Plan (the "Plan") and will contribute to the revitalization of the surrounding
area. The assemblage of the Properties is in anticipation of private development
consistent with the Plan.
Agreements have been reached with each of the owners of the Properties as to the
terms of each sale, and the City will only proceed if all Properties can be purchased and
assembled for future development.
• Considerations: The Properties are located near the intersection of Princess
Anne Road and Kempsville Road, adjacent to the City's new park site. It is a
strategically important acquisition that could contribute to the revitalization initiative for
the Historic Kempsville Plan and serve economic development goals of the City. Funds
for the purchase of the Properties and associated expenses in the amount of up to
$1,325,000, are not needed in the immediate fiscal year for CIP 2-048 "Princess Anne
Road/Kempsville Road Intersection Improvement" and will be transferred to CIP 3-139
"Various Site Acquisitions — Phase II to cover costs relating to the acquisition and
demolition of the Properties.
Litigation is pending pertaining to three of the sites, and the voluntary acquisition of
these Properties will resolve the pending litigation.
The City already owns a parcel of land next to 521 Downey Drive, which will be
assembled with the Properties.
• Public Information: Public notice is provided through the normal Council
agenda process.
I
• Recommendations: Approval.
• Attachments: Ordinance, Location Map, and Summary of Terms
Recommended Action: Approval p,44
Submitting Department/Agency: Department of Public Works/Real Estate
City Manager: 14.
1 AN ORDINANCE APPROVING THE VOLUNTARY
2 ACQUISITION OF PROPERTIES LOCATED AT 516, 517,
3 520, 521 and 524 DOWNEY DRIVE IN VIRGINIA BEACH,
4 VIRGINIA AND TRANSFERRING $1,325,000 FROM CIP 2-
5 048 "PRINCESS ANNE ROAD/KEMPSVILLE ROAD
6 INTERSECTION IMPROVEMENTS" TO CIP 3-139
7 "VARIOUS SITE ACQUISITIONS — PHASE II" FOR THE
8 PURCHASES AND ASSOCIATED COSTS.
9
10 WHEREAS, the property owners of 516, 517, 520, 521 and 524 Downey Drive (the
11 "Properties") wish to sell the Properties to the City;
12
13 WHEREAS, the acquisition of the Properties will allow the City to implement a
14 portion of the Historic Kempsville Plan, and will contribute to the revitalization of the
15 surrounding area;
16
17 WHEREAS, agreements have been reached with each of the owners of the
18 Properties, and the City will only proceed if all Properties can be purchased and assembled
19 for future development;
20
21 WHEREAS, the Properties are located near the intersection of Princess Anne Road
22 and Kempsville Road, adjacent to the City's park site. It is a strategically important
23 acquisition that could contribute to the revitalization initiative for the Historic Kempsville
24 Plan and serve economic development goals of the City; and
25
26 WHEREAS, the funding for the purchase of the Properties and associated expenses
27 in the amount of up to $1,325,000, are not needed in the immediate fiscal year for CIP 2-
28 048 "Princess Anne Road/Kempsville Road intersection Improvement" and will be
29 transferred to CIP 3-139 "Various Site Acquisitions — Phase II" to cover costs relating to the
30 acquisition and demolition of the Properties.
31
32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
33 VIRIGNIA BEACH, VIRGINIA:
34
35 1. That the City Council authorizes the voluntary acquisition of the Properties
36 pursuant to Section 15.2-1800 of the Code of Virginia (1950), as amended, in accordance
37 with the terms and conditions set forth on the Summary of Terms, attached hereto as
38 Exhibit A and made a part hereof.
39
40 2. The City Council hereby authorizes the transfer $1,325,000 from CIP 2-048
41 "Princess Anne Road/Kempsville Road Intersection Improvement" to CIP 3-139 "Various
42 Site Acquisitions — Phase II" for the voluntary purchases and related costs.
43
44 3. The City Manager is hereby authorized to execute any and all documents
45 necessary to acquire the Properties, so long as such documents are in accordance with the
46 Summary of Terms, and such other terms and conditions or modifications as may be
47 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney.
48
49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
50 , 2013.
CA12565
R-1
5/2/13
\\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d001 \p015\00067541.doc
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
lic Works Rail Ether. City A
APPROVED AS TO CONTENT:
Management Services
I
EXHIBIT A
Summary of Terms
Acquisition of 516, 517, 520, 521 and 524 Downey Drive
BUYER: City of Virginia Beach
SELLERS/PROPERTY:
1) Jennifer Logan - 516 Downey Drive and adjacent
vacant lot — (GPINs: 1466-78-8288 and 1466-78-
8214)
2) Retha Gorham - 517 Downey Drive (GPIN: 1466-88-
0219)
3) Trade Investments, LLC - 520 Downey Drive (GPIN:
1466-78-8159)
4) James M. Strickland - 521 Downey Drive (GPIN:
1466-88-0200)
5) Bobby Mitchum, Jr. and Bradley Steinberger - 524
Downey Drive (GPIN: 1466-78-8143)
CONSIDERATION:
1) Logan: Total purchase price of $203,040, plus an additional $7,500 to move
personal property from the site.
2) Gorham: Total purchase price of $217,440, plus actual, reasonable moving
expenses for a complete pack and unpack move to New Bern, NC, which shall
not exceed $22,601.21. In addition, actual, reasonable costs to construct ADA -
compliant improvements to Seller's new residence, which shall not exceed
$7,000.
3) Trade Investments, LLC: Total purchase price of $176,760, plus an additional
$7,500 to move personal property from the site.
4) Strickland: Total purchase price of $228,720, plus an additional $7,500 to move
personal property from the site.
5) Mitchum/Steinberger: Total purchase price of $218,400, plus an additional
$7,500 to move personal property from the site.
I
ADDITIONAL TERMS:
• Each acquisition is expressly conditioned upon each and every Seller executing
an Agreement of Sale with the City with respect to the above properties and the
satisfaction of all contingencies slated in each such agreement.
• All Sellers may enter into a Possession Agreement with the City to remain in their
residences for a limited time after closing.
• Sellers shall each execute a full and final release in the favor of the City of
Virginia Beach relating to any damage to or taking of their respective property,
and all pending actions shall be promptly dismissed with prejudice.
• Upon entry of a final order dismissing pending litigation with the owners of 516,
521 and 524 Downey Drive, the City will pay the firm of Waldo & Lyle, P.C. the
total sum of $75,000, which represents all fees, costs and legal expenses in
these matters.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City
property known as Lake HoIIy located at the rear of 341 Lake Drive, for property
owner Karen M. Fleming
MEETING DATE: May 28, 2013
• Background:
Karen M. Fleming has requested permission to maintain existing rip rap and to
remove and reuse portions to construct and maintain a proposed 44.2 L.F. (241
total sq. ft.) wide rip rap and a 8' X 8' dock, in a portion of existing City property
known as Lake HoIIy, located at the rear of 341 Lake Drive.
There are similar encroachments in Lake HoIIy, which is where Ms. Fleming has
requested to encroach.
• Considerations:
City Staff has reviewed the requested encroachments and has recommended
approval of same, subject to certain conditions outlined in the Agreement.
In accordance with the recommendations of City Council to help address water
quality protection in conjunction with temporary encroachments onto City
property, the requested encroachments have been reviewed by the Department
of Planning/Environment and Sustainability Office. Staff is of the professional
opinion that the establishment of a 15 -foot -wide vegetated riparian buffer area
consisting of various types of shrubs and grasses in a mulched bed running the
entirety of the shoreline, adjoining the applicant's property, is feasible and
warranted to help reduce Tong -term water quality impacts associated with the
existing and proposed encroachments.
The applicant has submitted a plan for establishing a 15 -foot -wide vegetated
riparian buffer that has been reviewed and approved by the Department of
Planning/Environment and Sustainability Office.
• 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 # pe
City Manager: V. ..--66.01
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF CITY
6 PROPERTY KNOWN AS LAKE HOLLY
7 LOCATED AT THE REAR OF 341
8 LAKE DRIVE, FOR PROPERTY
9 OWNER KAREN M. FLEMING
10
11 WHEREAS, Karen M. Fleming desires to maintain existing rip rap and to remove
12 and reuse portions to construct and maintain a proposed 44.2 L.F. (241 total sq. ft.)
13 wide rip rap and a 8' X 8' dock upon a portion of existing City property know as Lake
14 Holly, located at the rear of 341 Lake Drive, in the City of Virginia Beach, Virginia; and
15
16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
18 City's property subject to such terms and conditions as Council may prescribe.
19
20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Karen M. Fleming, her heirs,
24 assigns and successors in title are authorized to maintain existing rip rap and to remove
25 and reuse portions to construct and maintain temporary encroachments for a proposed
26 44.2 L.F. (241 Total Sq. Ft.) wide rip rap and a 8' X 8' dock in a portion of existing City
27 property known as Lake Holly, as shown on the map marked Exhibit "A" and entitled:
28 "EXHIBIT A ENCROACHMENT PLAT SHOWING DOCK, RIP RAP AND
29 LANDSCAPING LOCATED IN DRAINAGE EASEMENTS FOR LOT 23A
30 RESUBDIVISION OF LOTS 22, 23, & 24 BLOCK 9 SUPPLEMENT TO MAP NO. 1
31 PINEWOOD PARK I.N. 20130115000060650 (PLAT) VIRGINIA BEACH, VIRGINIA"
32 SCALE: 1" = 20' MAY 2, 2013, a copy of which is on file in the Department of Public
33 Works and to which reference is made for a more particular description; and
34
35 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
36 subject to those terms, conditions and criteria contained in the Agreement between the
37 City of Virginia Beach and Karen M. Fleming (the "Agreement"), which is attached
38 hereto and incorporated by reference; and
39
40 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
41 hereby authorized to execute the Agreement; and
42
43 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
44 time as Karen M. Fleming and the City Manager or his authorized designee execute the
45 Agreement.
46
47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
48 of , 2013.
CA -12544
R-1
PREPARED: 5/20/13
APPROVED AS TO CONTENTS
S, REAL ESTATE
APPROVED AS TO LEGAL
SUFFICI€NQY AND FORM
ER,
ASSO E ' TY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 17th day of May, 2013, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and KAREN M. FLEMING, HER HEIRS,
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 23A, Block 9"; as shown on that certain plat
entitled: "RESUBDIVISION OF LOTS 22, 23, & 24 BLOCK 9 SUPPLEMENT TO MAP
NO. 1 PINEWOOD PARK M.B. 7 P. 168 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 20'
OCTOBER 3, 2012, SHEET 1 OF 2, prepared by BRUCE W. GALLUP, LAND
SURVEYOR FOR GALLUP SURVEYORS & ENGINEERS, LTD.," and said plat is
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
in Instrument #20130115000060650, and being further designated, known, and
described as 341 Lake Drive, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to maintain existing rip rap and
to remove and reuse portions to construct and maintain a proposed 44.2 L.F. (241 total
sq. ft.) wide rip rap and a 8' X 8' dock, (collectively), the "Temporary Encroachments", in
the City of Virginia Beach; and
GPIN: 2427-15-4122-0000; (City Property - Known As Lake Holly)
2427-14-6777-0000; (341 Lake Drive)
WHEREAS, in constructing and maintaining the Temporary
Encroachments, it is necessary that the Grantee encroach into a portion of an existing
City property known as Lake Holly, 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 Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
Temporary Encroachments into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
ENCROACHMENT PLAT SHOWING DOCK, RIP RAP AND
LANDSCAPING LOCATED IN DRAINAGE EASEMENTS
FOR LOT 23A RESUBDIVISION OF LOTS 22, 23, & 24
BLOCK 9 SUPPLEMENT TO MAP NO. 1 PINEWOOD
PARK I.N. 2013 0115000060650 (PLAT) VIRGINIA BEACH,
VIRGINIA" SCALE: 1" = 20' MAY 2, 2013, prepared by
DAVID R. BUTLER, PROFESSIONAL ENGINEER for
GALLUP SURVEYORS & ENGINEERS, LTD., a copy of
which is attached hereto as Exhibit "A" 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
2
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.
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 obtain
a 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 the Grantee shall
establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width
3
landward from the shoreline, shall run the entire length of the shoreline, and shall
consist of a mulched planting bed and contain a mixture of shrubs and perennial plants
(the "Buffer"). The Buffer shall not be established during the months of June, July, or
August, so that it has the greatest likelihood of survivability. Prior to the City issuing a
Permit, the Grantee must post a bond or other security, in an amount equal to the
estimated cost of the required Buffer plantings, to the Department of Planning to insure
completion of the required Buffer. The Grantee shall notify the Department of
Planning/Environment and Sustainability Office when the Buffer is complete and ready
for inspection; upon satisfactory completion of the Buffer as determined by the City, the
bond shall be released. An access path, stabilized appropriately to prevent erosion,
through the Buffer to the shoreline is allowed.
It is further expressly understood and agreed that the Grantee shall
establish and maintain various types of shrubs and grass seed (the "Buffer"), to be
planted fifteen (15) feet landward of the bulkhead near the North property line.
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 and licensed 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.
4
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 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, Karen M. Fleming, the said Grantee, has
caused this Agreement to be executed by her signature. Further, that the City of Virginia
5
i
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)
6
I
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:
7
r-2(2_4/yt:1
By
Karen M. Fleming, Owner
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 1. day of
M0.y , 2013, by Karen M. Fleming
Notary Registration Number: 296723
My Commission Expires: June 30, 2016
APPROVED AS TO CONTENTS
"W6; tad 7/644,
DEPARTMENT
8
Notary Public
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MY
COMMIS4ON
NUMBER
28(5723 :2A
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APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
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ASS . HITY ATTORNEY
LAKE HOLLY
NOW OR FORMERLY PROPOSED
CITY OF VIRGINIA BEACH DOCKRtP RAP
D.B. 186 P. 536 - EX•. _ _,
M.B. 7 P. 168
GPIN: 2427-15-4122
LOT 25
M.B. 7 P. 168
GPIN:2427-14-6708
RIP
���
RAP
R=110.01
L=45.93'
PROPOSED
RIP RAP
(241 SQ. FT.)
(L=44.2 L.F.)
N
rn
PROPOSED
LANDSCAPING
VARIOUS TYPES
OF SHRUBS
PIN(F)
IN CONC.
01
z
1270' TO
MEDITERRANEAN AVE.
LOT 21
M.B. 7 P. 168
GPIN:2427-14-7723
LOT 23A
GPIN: 2427-14-6777
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323 FIRST COLONIAL ROAD
VIRGINIA BEACH, VIRGINIA 23454
(757)428-8132
N 7016'10" W
LAKE DRIVE
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I.N. 20130115000060650 (PLAT)
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Bureau 04/02/2013
Prepared by P.W./Eng./Eng. Support Service
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate a Virginia E-911 Services Board PSAP
Grant to the Department of Emergency Communications and Citizen Services FY
2012-13 Operating Budget to Upgrade/Replace Existing Communication
Equipment and Mission Critical 911 Workstations
MEETING DATE: May 28, 2013
• Background: Included in the current Capital Improvement Plan is a CIT project
for the upgrade/replacement of existing equipment for 911 staff that process emergency
911 calls. This equipment has been in place since 2005 and is in need of replacement.
The original project cost estimate was $831,000; however, request for proposals quotes
submitted exceeded this previous cost estimate. To address the funding shortage,
Emergency Communications & Citizen Services (ECCS) applied for a Virginia E-911
Services Board PSAP Grant. Recently the City of Virginia Beach received notification
from the Virginia E-911 Services Board that a grant in the amount of $128,000 has been
awarded to Virginia Beach Emergency Communications & Citizen Services. This grant
was awarded for the purpose of aiding the department in funding the replacement of this
equipment.
• Considerations: Accepting and appropriating these grant funds will assist in
funding the existing CIP replacement project to replace/upgrade the 911 call center
equipment. There is no local match requirement associated with these grant funds.
• Public Information: Public information will be provided through the normal
Council Agenda process.
• Recommendations: Adopt the attached ordinance.
• Attachments: Ordinance and Grant Award Letter
Recommended Action: Approval
Submitting Department/Agency: Emergency Communications & Citizen Services
City Managerfkt
111
Michael M. Cline
Chairman
VDEM
John W. Knapp, Jr.
Vice -Chairman
Verizon
David A. Von Moll
Treasurer
Comptroller
Linda W. Cage
Mecklenburg County
J.D. Diggs
York County
Danny Garrison
Richmond Ambulance
Authority
Tracy Hanger
City of Hampton
Lt. Colonel Robert Kemmler
Virginia State Police
Robert Layman
AT & T
Chief Ron Mastin
Fairfax County
Chief Doug Middleton
Henrico County
Sam Nixon
VITA
Pat B. Shumate
Roanoke County
Mickey Sims
Buggs Island Telephone
Denise B. Smith
Charles City County
COMMONWEALTH of VIRGINIA
Virginia E-911 Services Board
March 1, 2013
Ms. Bobbie Almariento
Virginia Beach ECC
2508 Princess Anne Rd, Bldg. 30
Virginia Beach, VA 23456
Dear Ms. Almariento:
Dorothy Spears -Dean
PSC Coordinator
(804) 416-6201
Terry D. Mayo
Board Administrative
Assistant
(804) 416-6197
This letter is in reference to your grant application for consideration under the
FY14 PSAP Grant Program for CPE, Grant ID 121. I am pleased to advise you
that the Virginia E-911 Services Board has approved your request. You have
been awarded $128,000. This award does not require a match of local funds.
Funding for this grant award will be available for draw down beginning July 1,
2013. The PSAP Grant Program has a grant cash disbursement policy of
reimbursement. All funding requests must be submitted on the Public Safety
Grant Draw Down Request Form, which is available on the ISP website. The
invoice(s) that substantiates the amount requested must be attached to the request
form when submitted for funding payment.
An annual Financial and Programmatic Report will be required for this grant
award until the project is complete. Upon project completion, you will need to
close out the grant award with a final Financial and Programmatic Report.
Finally, in order for a funding request to be processed, the PSAP must have
already submitted any required financial and grant progress reports for any
previous fiscal years by the identified deadline, unless an exception has been
granted by the PSC Coordinator. This includes required submission of any true -
ups and supporting documentation.
If you have any questions, please do not hesitate to contact your Regional
Coordinator or me via email.
Congratulations on your grant award!
Sincerely,
Lisa Nicholson
Public Safety Program Manager
Commonwealth Enterprise Solutions Center — 11751 Meadowville Lane — Chester, Virginia 23836
(866) 482-3911 — FAX (804) 416-6353 — TTY USERS TDD #711— www.va911.org
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A
2 VIRGINIA E-911 SERVICES BOARD PSAP GRANT TO THE
3 DEPARTMENT OF EMERGENCY COMMUNCATIONS AND
4 CITIZEN SERVICES FY 2012-13 OPERATING BUGET TO
5 UPGRADE/REPLACE EXISTING COMMUNCATIONS
6 EQUIPMENT AND MISSION CRITICAL 911
7 WORKSTATIONS
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 That $128,000 is hereby accepted from the Virginia E-911 Services Board and
12 appropriated, with estimated state revenues increased accordingly, to the FY 2012-13
13 Operating Budget of the Department of Emergency Communications and Citizen Services
14 to upgrade/replace existing equipment for 911 staff that process emergency 911 calls.
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:
Management Services
CA12656
R-1
May 16, 2013
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate Additional Revenue from the Sale of Salvage
Materials for Fleet Management Asset Replacement
MEETING DATE: May 28, 2013
• Background: Fleet Management is responsible for the complete life -cycle of all
City fleet management assets. Replacements are budgeted annually for assets that are
the responsibility of the General Fund; however, those funds are insufficient to replace
all assets that qualify for age, mileage and condition. Currently, there is a backlog of
$29.6M of rolling stock assets due for replacement. These are assets that have
reached 100,000 miles and/or the operational cost has met or exceeded 75% of the
estimated replacement cost.
In addition to purchasing asset replacements, Fleet Management is also responsible for
the disposal and sale of all City assets. The annual General Fund Operating Budget
includes an estimate for the sale of salvage materials, which is generally based on a
multi-year average because actual annual collections can vary widely. The General
Fund has realized $189,740 more than the FY 2012-13 budget estimate of $350,868.
Fleet Management currently has two dump trucks, one pick-up truck, five sedans, three
vans, and five mowers that are currently not in service. Fleet Management plans to
purchase as many of these items as possible with the additional funding the City has
realized from the sale of those items not currently in service.
• Considerations: The out -of -service assets take highest priority in replacement;
however, if Fleet Management delays the purchase of replacements until the beginning
of FY 2013-14, City operations are left with fewer assets to serve citizens for an
extended period of time. Furthermore, since replacements of these out -of -service
assets could not be anticipated during the budget, the funds budgeted for FY 2013-14
are designated for other assets to reduce the current replacement backlog of $29.6M.
Without the additional funding, fewer asset replacements will occur, which compounds
the backlog of assets needing replacement.
• Public Information: Public information will be provided through the normal City
Council agenda process.
• Alternatives: If the additional revenue from the sale of surplus for the general
fund is not allocated back to the rolling stock replacement fund in the current year, Fleet
Management will not be able to purchase replacements for these units that are not in
service at this time. Replacement of units that are not in service will not occur until next
fiscal year when new funding is available; however, this may affect services to citizens
for units that are no longer available and it decreases the amount of funding available to
replace units that were originally scheduled due to age, mileage and condition.
• Recommendations: Adopt the attached budget amendment.
• Attachments: Ordinance
Recommended Action: Approval of Ordinance (�
Submitting Department/Agency: Public Works rh
City Manager: 5c.
1 AN ORDINANCE TO APPROPRIATE ADDITIONAL
2 REVENUE FROM SALE OF SALVAGE MATERIALS FOR
3 FLEET MANAGEMENT ASSET REPLACEMENT
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That $189,740 is hereby appropriated, with estimated revenues from the sale of
9 salvage materials increased accordingly, to the FY 2012-13 Operating Budget for Fleet
10 Management asset replacement.
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 the members of City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Management Services City
CA12655
R-1
May 15, 2013
c:F8.4`',1.)4
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer Funding from Capital Project #2-401, "Greenwich Road
Crossover and Cleveland Street Intersection Improvements" to Capital Project # 2-
143, "Laskin Road Gateway — Phase I -A" to Complete Construction
MEETING DATE: May 28, 2013
• Background: The construction of Laskin Road Gateway — Phase I -A Project (CIP 2-
143) is approximately 70% complete; however, there is currently insufficient funding in the
project to complete the remaining activities. Additional costs associated with groundwater
treatment, private utility relocations, traffic signalization, and other elements of work have
depleted the project contingency. Additional costs to be incurred include the
following: construction of additional duct bank along Holly Road and Baltic Avenue; private
utility relocation work; demolition of pavement between Baltic and Arctic Avenue; roadway repair
work for Laskin Road near the Virginia Jewel; and delays caused by utility conflicts associated
with the Pinewood Road Bridge. An additional $845,000 beyond the existing project funding will
be required to cover the remaining activities.
Additionally, the City will be installing public artwork (sculpture) in the center of the roundabout
to enhance this gateway entrance to the resort area. This sculpture will be privately funded by
the Virginia Beach Arts Foundation, but the cost for the base and supporting infrastructure for
the artwork is $235,000. This cost was not envisioned or budgeted in the original project.
Therefore, the total funding needed to complete the Laskin Gateway Project and to
provide/install the artwork within the roundabout is $1,080,000.
• Considerations: Capital Project #2-401, "Greenwich Road Crossover and Cleveland
Street Intersection Improvements" has the $1,080,000 available to transfer to the Laskin Road
Gateway Project to complete the project. In FY 2014-15, funding will be requested to replace
this funding in CIP 2-401 as part of that fiscal year's Capital Budget. Assuming that the funding
will be restored in FY 2014-15, the schedule for the Greenwich Road Crossover Project will not
be affected by this funding transfer.
• Public Information: Public information will be provided through the normal City Council
agenda process.
• Recommendation: Adopt the attached ordinance.
• Attachments: Map, Ordinance
Recommended Action: Approval
Submitting Department/Agency: Public Wor
City Manager:
1 AN ORDINANCE TO TRANSFER FUNDING FROM
2 CAPITAL PROJECT 2-401 — GREENWICH ROAD
3 CROSSOVER AND CLEVELAND STREET INTERSECTION
4 IMPROVEMENTS TO CAPITAL PROJECT 2-143 — LASKIN
5 ROAD GATEWAY — PHASE I -A TO COMPLETE
6 CONSTRUCTION
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 That $1,080,000 is hereby transferred from Capital Project 2-401 — Greenwich
12 Road Crossover and Cleveland Street Intersection Improvements to Capital Project 2-
13 143 — Laskin Road Gateway — Phase I -A to complete construction and install artwork.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
2013.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
Management Services City Attof ce
CA12654
R-1
May 15, 2013
ni
Pc
CITY OF VIRGINIA BEACH
AGENDA ITEM
i
ITEM: An Ordinance to Transfer $140,000 within the Sheriff's Office FY 2012-13
Operating Budget for the Purpose of Funding 3.75 part-time FTEs to Address
Workload Demands
MEETING DATE: May 28, 2013
■ Background: During FY 2011-12, the State Compensation Board reduced
staffing by a total of 18 FTEs. Eight of these FTEs were restored in FY 2012-13;
however, the Sheriff's Office is still down 10 Compensation Board FTEs overall. In an
effort to off -set this staffing reduction, the Sheriff's Office is utilizing part-time staff to
maintain operations and meet the service demand of courts and corrections. Existing
part-time positions have moved to operations in the field and now function as a
courtroom screener and as floaters within Correctional Operations.
■ Considerations: The Sheriff's Office has determined the addition of 3.75 part-
time FTEs would provide adequate support to service needs in the field as well as
address work issues. These positions will be funded through the reallocation of
$140,000 in existing appropriations within the Sheriff's Office FY 2012-13 Operating
Budget and increase the Sheriff's FY 2012-13 FTE count by 3.75.
• Public Information: Public information will be handled through the normal
Council Agenda notification process.
• Recommendations: Approval of the attached ordinance to transfer funds within
the Sheriff's Office Operating Budget and increase the number of part-time positions.
No additional City funding will be provided to support these positions. Funding these
positions is a one-time funding source solution as there has been no long term
sustainable revenue stream identified beyond FY 2012-13. These positions are not
included in the FY 2013-14 Budget.
■ Attachment: Ordinance
Submitting Department/Agency: Sheriff's Office
City Manager:
1 AN ORDINANCE TO TRANSFER $140,000 WITHIN THE
2 SHERIFF'S OFFICE FY 2012-13 OPERATING BUDGET
3 FOR THE PURPOSE OF FUNDING 3.75 PART-TIME FTES
4 TO ADDRESS WORKLOAD DEMANDS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 1. That $140,000 is hereby transferred within the Sheriff's Office FY 2012-13
10 budget to provide additional part-time positions to address workload
11 demands; and
12
13 2. That the Sheriff's Office FY 2012-13 position total is hereby increased by
14 3.75 part-time positions.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 2013.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Management Services
CA12653
R-1
May 15, 2013
K. PLANNING
1. Application of JASON GENTRY/MARK and NANCY VAUGHAN for Variances to Section 4.4
(d), which requires that lots have direct access to a public street and Section 4.4 (b), which requires
that all lots meet the requirements of the City Zoning Ordinance (CZO) re parcels placed in the
Agricultural Reserve Program at 2253 Vaughan Road
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION APPROVAL
2. Application of GALLEON INVESTORS IX, LLC for a Variance to Section 4.1(m)(1) and 4.4(b)
to resubdivide property at 522 25`h Street
DISTRICT 6 - BEACH
STAFF RECOMMENDATION DENIAL
PLANNING COMMISSION RECOMMENDATION APPROVAL
3. Application of BISHOP SULLIVAN CATHOLIC HIGH SCHOOL / CATHOLIC DIOCESE
OF RICHMOND for a Modification of a Conditional Use Permit for a private high school
(approved on April 28, 1992) to ADD to the building and athletic fields at 4552 Princess Anne
Road
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION APPROVAL
4. Application of SANDRA MANBY WOLFORD for a Conditional Use Permit re a Child Daycare
at 528 Gotham Road
DISTRICT 5 - LYNNHAVEN
RECOMMENDATION APPROVAL
5. Application of DONA L. COX for a Conditional Use Permit re a Child Daycare at 453 Cummings
Road
DISTRICT 5 — LYNNHAVEN
RECOMMENDATION APPROVAL
6. Application of THEO'S PLAZA for a Conditional Use Permit re vehicle sales, service, and bulk
storage at 5045 Virginia Beach Blvd
DISTRICT 4 - BAYSIDE
RECOMMENDATION APPROVAL
7. Application of VERDAD REAL ESTATE, INC. /SUSAN CHONG for a Conditional Use Permit
for a gas station (fuel sales) with convenience store at 6084 Indian River Road
DISTRICT 1 - CENTERVILLE
RECOMMENDATION APPROVAL
8. Application of ARMADA HOFFLER DEVELOPMENT COMPANY, L.L.C. / DAVID B.,
LUKE H. and SUSIE WOOD HILL for a Conditional Change of Zoning from AG -2 Agricultural
and B-2 Community Business to B-2 Community Business re a shopping center at 2101 Princess
Anne Road
DISTRICT 7 - PRINCESS ANNE
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, May 28, 2013, at 6:00 P.M., at which
time a Public Hearing to consider the following applications will be held:
BEACH - DISTRICT 6
Galleon Investors IX, LLC (Applicant & Owner) Application: Variance to the
Subdivision Ordinance, Section 4.1(m)(1) and 4.4(b) to resubdivide two (2) existing
lots such that there is a lot fronting on 250 Street with one (1) single-family dwelling
and a lot on the alley with two (2) single-family dwellings at 522 250 Street (GPIN
24179915524).
PRINCESS ANNE - DISTRICT 7
Armada Hoffler Development Company, L.L.C. / David B. Hill, Luke H. Hill and Susie
Wood Hill Application: Conditional Change of Zoninlr from AG -2 Agricultural and B-2
Community Business to B-2 Community Business at 2101 Princess Anne Road
(GPIN 2414129860). Comprehensive Plan: Transition Area. Proposal: retail
shopping center.
Jason Gentry (Applicant) / Mark and Nancy Vaughan (Property Owner) Application:
Variance to the Subdivision Regulations Section 4.4 (d), which requires that lots
have direct access to a public street. Variance to the Subdivision Regulations
Section 4.4 (b), which requires that all lots meet the requirements of the Zoning
Ordinance at 2253 Vaughan Road (GPIN 2401258438).
LYNNHAVEN - DISTRICT 5
Sandra Manby Wolford (Applicant & Owner) Application: Conditional Use Permit for
a child daycare with a maximum of twelve (12) children at 528 Gotham Road (GPIN
1487372187).
BAYSIDE - DISTRICT 4
Theo's Plaza (Applicant & Owner) Application: Conditional Use Permit for motor
vehicle sales, service, and bulk storage at 5045 Virginia Beach Blvd (GPIN
1467954249).
KEMPSVILLE - DISTRICT 2
Bishop Sullivan Catholic High School (Applicant) / Catholic Diocese Of Richmond
(Owner) Application: Modification of a Conditional Use Permit for a private high
school, granted by the City Council on April 28, 1992. Request is for the approval of
additions to the building and athletic fields at 4552 Princess Anne Road (GPIN
1476537071).
CENTERVILLE - DISTRICT 1
Verdad Real Estate, Inc. (Applicant) / Susan Chong (Owner) Application:
Conditional Use Permit for a gas station with convenience (fuel sales) at 6084
Indian River Road (GRIN 1456437406).
LYNNHAVEN - DISTRICT 5
Dona L. Cox (Applicant & Owner) Application: Conditional Use Permit for a child
daycare with a maximum of 12 (twelve) children at 453 Cummings Road (GPIN
1487266221).
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
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 May 12 & 19, 2013 23559032
Jason Gentry
PRINCESS ANNE
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Subdivision Variance
C
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: JASON GENTRY (Applicant) / MARK AND NANCY VAUGHAN (Property
Owner), Variance to the Subdivision Regulations, Section 4.4 (d), which requires
that lots have direct access to a public street., Variance to the Subdivision
Regulations, Section 4.4 (b), which requires that all lots meet the requirements of
the Zoning Ordinance. 2253 Vaughan Road (GPIN 2401258438). PRINCESS ANNE
DISTRICT.
MEETING DATE: May 28, 2013
• Background:
The subject site is zoned AG -1 and AG -2 Agricultural Districts. The site contains
an existing single-family home and numerous out buildings. The majority of the
site is either in cultivation or is forested. The site is in the Agricultural Reserve
Program. It is the intent of the applicant to subdivide the subject site into four
parcels to settle an estate. The proposed subdivision will result in lots that either
do not have access to a public street or do not meet the requirements of the
Zoning Ordinance; therefore, in order to finalize the subdivision and record the
plat, a subdivision variance is necessary.
Detailed information pertaining to the proposed subdivision and the specific
reasons for a variance are provided in the attached staff report.
• Considerations:
This variance request, if granted, will create and distribute parcels among family
members for the purpose of settling an estate. This site has been placed in the
Agricultural Reserve Program and no additional development is permitted. Since
this property has been placed in the Agricultural Reserve Program and all
proposed parcels will remain as an agricultural use or remain forested, the
proposed subdivision is consistent with the Rural Area policies of the
Comprehensive Plan. Appropriate notes will be placed on the recorded
subdivision plat stating that these parcels are non-residential building sites and
can only be utilized for agricultural purposes.
• Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 10-0, to recommend approval of this request to the
City Council with the following condition:
The subject site shall be subdivided substantially in accordance with the
submitted preliminary subdivision plat entitled "Resubdivision of Property
PRINCESS ANNE
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Jason Gentry
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Subdivision Variance
25&26
April 10, 2013 Public Hearing
APPLICANT:
JASON GENTRY
PROPERTY OWNER:
EDWARD L.
VAUGHAN ESTATE
STAFF PLANNER: Ray Odom
REQUEST:
25. Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all newly created
lots meet all the requirements of the City Zoning Ordinance
26. Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all newly created
lots must have direct access to a public street.
ADDRESS / DESCRIPTION: 2253 Vaughan Road
GPIN: ELECTION DISTRICT: SITE SIZE:
2401-25-8438-0000 PRINCESS ANNE 59.144 acres
4
AICUZ:
Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
Existing Lot: The subject site is zoned AG -1 and AG -2 Agricultural Districts. This site contains an
existing single family home and numerous out buildings. The majority of the site is either in cultivation or
is forested. This site has been placed in the Agricultural Reserve Program.
Proposed Lots: It is the intent of the applicant to subdivide the subject site into four parcels to settle an
estate. Lot C-1 will contain the existing dwelling and out buildings. Lots C-2, C-3 and C-4 are either
forested or will be utilized for agricultural purposes. However, Lots C-2, C-3 and C-4 do not have
frontage on a public street, as required, and a variance is required. A 20 -foot ingress/egress easement is
being placed over the existing farm road to serve these parcels. In addition, Lot C-3 does not meet the
minimum lot area requirement outside of the floodplain subject to special restrictions. Section 200(c) of
the City Zoning Ordinance excludes the floodplain areas, subject to special restrictions, from counting
towards the minimum lot area requirement. The minimum lot area requirement for uses other than
JASON GENTRY
Agenda Items 25 & 26
Page 1
dwellings in the agricultural districts is three acres. Lot C-3 only has approximately three quarters of an
acre outside of the flood plain and a variance is required.
As indicated above, this site has been placed in the Agricultural Reserve Program. The proposed parcels
can only be utilized for agricultural purposes. Appropriate notes have been placed on the subdivision plat
stating that these parcels are non-residential building sites and can only be utilized for agricultural
purposes.
Item
Required
Lot C-3
Lot C-2
Lot C-3
Lot C-4
Lot area in square
feet
3 acres
+/-0.75 acres*
Frontage on a
public street
Yes
No*
No*
No*
*Variance required
4
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Single family home / agricultural uses / forested
SURROUNDING LAND North:
USE AND ZONING:
South:
East:
West:
• Cultivated fields / forested / AG -1 and AG -2 Agricultural
Districts
• Cultivated fields / forested / AG -1 and AG -2 Agricultural
Districts
• Single family home / cultivated fields / AG -2 Agricultural District
• Forested / AG -1 and AG -2 Agricultural Districts
NATURAL RESOURCE AND
CULTURAL FEATURES: A large portion of this site is located within the flood plain.
COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located within
the Rural Area. The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek
and Back Bay and extends to the North Carolina Border. The physical character of this area is low, flat land
with wide floodplains and altered drainage. It is a place that still contains working farms, farm related
businesses, and limited non-residential areas along with some scattered housing sites. There is a significant
presence of existing agriculture and rural -based economic activities in this part of Virginia Beach. Most of the
area is comprised of land management soils. These are somewhat poorly or very poorly drained soils. The
City's Rural Preservation Plan policies seek to:
preserve and promote the opportunity for continued agricultural production;
recognize the rural character and the need to preserve its open space and scenic beauty;
protect and sustain environmental resources for future generations;
provide reasonable rural development opportunities; and,
eliminate the need for urban infrastructure.
The Agricultural Reserve Program (ARP) was established in 1995 with a goal of preserving 20,000 acres of
agricultural land and open space. The ARP is a non -development option available on a voluntary basis to
JASON GENTRY
Agenda Items 25 itt 26
Page 2
1
property owners in the rural area. It works by voluntarily purchasing development rights from property owners
at fair market value and instills fairness by offering market value compensation to property owners.
The subject property has been placed in the Agricultural Reserve Program. The proposed subdivision plat
states that development of the property is limited to those agricultural uses governed by the preservation
easement; therefore, this resulting land development pattern for which the variance is being requested is
consistent with the Rural Area policies of the Comprehensive Plan.
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
A. Strict application of the ordinance would produce undue hardship.
B. The authorization of the variance will not be of substantial detriment to adjacent property,
and the character of the neighborhood will not be adversely affected.
C. The problem involved is not of so general or recurring a nature as to make reasonably
practicable the formulation of general regulations to be adopted as an amendment to the
ordinance.
D. The hardship is created by the physical character of the property, including dimensions
and topography, or by other extraordinary situation or condition of such property, or by
the use or development of property immediately adjacent thereto. Personal or self-
inflicted hardship shall not be considered as grounds for the issuance of a variance.
E. The hardship is created by the requirements of the zoning district in which the property is
located at the time the variance is authorized whenever such variance pertains to
provisions of the Zoning Ordinance incorporated by reference in this ordinance.
EVALUATION AND RECOMMENDATION
This request is for a simple subdivision to create and distribute parcels among family members to settle
an estate. This site has been placed in the Agricultural Reserve Program and no additional development
is permitted. Therefore, there will not be any additional impacts to the floodplain areas. However, Lots
C-2, C-3 and C-4 do not have frontage on a public street, as required, and a variance is required. Access
to the proposed parcels will be from the existing farm road. In addition, Lot C-3 does not meet the
minimum lot area requirement due to the floodplain subject to special restrictions and a variance is
required. Since this property has been placed in the Agricultural Reserve Program and all proposed
parcels will remain as an agricultural use or remain forested the proposed subdivision is consistent with
the Rural Area policies of the Comprehensive Plan for preserving agriculture and open space.
Staff recommends approval of this request with the below condition.
JASON GENTRY
Agenda Items 25 26
Page 3
CONDITION
The subject site shall be subdivided substantially in accordance with the submitted preliminary
subdivision plat entitled "Resubdivision of Property of Former Lot "C" (Residual Parcel)"; dated
February 4, 2013 and prepared by Patten, Harris, Rust & Associates, PC. Said plat has been
exhibited to the Virginia Beach City Council and is on file in the Virginia Beach 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.
JASON GENTRY
Agenda items 25 & 26
Page 4
AERIAL OF SITE LOCATION
JASON GENTRY
Agenda Items 25 & 26
Page 5
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JASON GENTRY
Agenda Items 25 & 26
Page 6
PRINCESS ANNE
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ason Gentry
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Zoning with Conditions.ProfIers. Open
Space Promotion or PDH -2 Overlays
Subdivision Variance
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
11/22/2011
Subdivision Variance (access)
Approved
2
08/24/2004
Subdivision Variance (access)
Approved
3
11/13/2001
Subdivision Variance (pavement width & number of
flag lots) and Conditional Use Permit (alternative
residential development)
Approved
JASON GENTRY
Agenda Items 25 & 26
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)
Not Applicable
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Not Applicable
iA 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)
Not Applicable
i 2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Not Applicable
❑✓ 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 Variance Application
Page 9 of 10
Revised 3/11/08
DISCLOSURE STATEMENT
JASON GENTRY
Agenda Items 25 26
Page 8
Cal
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)
Not Applicable
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, (11) 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 I gnature
J:'eUL
�v
Property Owner's S gnature (ifdifferent an appli Print Name
Jason Gentry
Print Name
ja„\.„> Mark Vaughan/ Nancy Vaughan
Subdivision Variance Application
Page 10 of 10
Revised 7/11/2006
DISCLOSURE STATEMENT
JASON GENTRY
Agenda items 25 .& 26
Page 9
Item #25 & 26
Jason Gentry
Variance to the Subdivision Regulations
Variance to the Subdivision
2253 Vaughan Road
District 7
Princess Anne
April 10, 2013
An application of Jason Gentry for a Subdivision Variance to Section 4.4(b) of the
Subdivision Ordinance which requires that all newly created Tots meet all the requirements
of the City Zoning Ordinance on property located at 2253 Vaughan Road and an application
of Jason Gentry for a Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance
which requires that all newly created lots must have direct access to a public street on
property located at 2253 Vaughan Road, District 7, Princess Anne. GPIN: 2401-25-8438-
0000.
CONSENT
CONDITIONS
The subject site shall be subdivided substantially in accordance with the submitted
preliminary subdivision plat entitled "Resubdivision of Property of Former Lot "C" (Residual
Parcel)"; dated February 4, 2013 and prepared by Patten, Harris, Rust & Associates, PC.
Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia
Beach 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 10 NAY 0 ABS 0 ABSENT 1
BERNAS AYE
FELTON ABSENT
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: GALLEON INVESTORS IX, LLC (Applicant & Owner), Variance to the
Subdivision Ordinance, Section 4.1(m)(1) and 4.4(b) to resubdivide two existing
lots such that there is a lot fronting on 25th Street with one single-family dwelling
and a lot on the alley with two single-family dwellings. 522 25th Street (GPIN
24179915524). BEACH DISTRICT.
MEETING DATE: May 28, 2013
• Background:
The subject site is located within the Old Beach Overlay District and is zoned A-
12 Apartment District. This site consists of two 30 -foot by 190 -foot non-
conforming lots, resulting in a total of 11,400 square feet of lot area. These lots
were legally created, but do not meet the minimum lot width requirement of the
A-12 District and are thus non -conforming. These lots are "through -lots" that front
on 25th Street and 24th 'A Street. The site contains an existing single-family
dwelling that fronts 25th Street.
It is the intent of the applicant to resubdivide the existing two parcels that are
currently divided by a lot line that runs north to south into two parcels which will
be divided by a lot line that runs east to west. The new parcels will meet the lot
width and lot area requirements of the Old Beach Overlay district for single-family
dwellings; however, neither lot can be created without a variance being granted:
Proposed Lot 18A: This lot will front on 25th Street and contain the
existing single-family dwelling. The existing structure, however, does not
meet the required rear yard setback from the new property line and a
variance to Section 4.4(b) of the Subdivision Regulations, which requires
that all newly created lots meet all the requirements of the City Zoning
Ordinance, is required.
Proposed Lot 20A: This lot will front on 24th 1/2 Street. 24th % Street is a
substandard street/alley. The Design Standards of the Subdivision
Ordinance require a minimum 50 -foot right-of-way width and a 30 -foot
pavement width for streets serving residential lots. The subject street/alley
has a 20 -foot right-of-way width and a pavement width of approximately
16 feet. Therefore, due to a lot being created on a substandard
street/alley a variance to Section 4.1(m)(1) of the Design Standards of the
Subdivision Regulations is required.
Galleon Investors IX, LLC
Page 2 of 4
• Considerations:
The submitted layout plan for Lot 20A proposes a two-story "principal single-
family dwelling" and a two-story "ancillary single-family dwelling," as allowed for
by the Old Beach Overlay Ordinance. Access to these structures will be from the
alley in the form of two separate concrete driveways. A minimum 20 -foot rear
yard setback is required and a 7.5 foot setback has been provided. It will,
therefore, be necessary for the applicant to request a variance from the Board of
Zoning Appeals to the minimum rear yard setback requirement.
Staff reviewed the submitted layout plan and architectural renderings utilizing the
dimensional requirements and the desired design incentives of the Old Beach
Overlay District and the Old Beach Design Guidelines. The plan and architectural
renderings do not meet certain provisions of the guidelines regarding
dimensional requirements, design incentives, access, and architectural
guidelines. The deficiencies are detailed in the attached staff report. Additionally,
the Old Beach Design Review Committee met on February 28, 2013, and
reviewed the conceptual site plan exhibit dated February 28, 2013, as submitted
with the subdivision variance. The Committee found that the resubdivision of the
existing lots into Lots 18A and 20A did not meet the standards of the Old Beach
Design Guidelines or the intent of the Overlay District with regard to the depth of
the proposed lots. The Committee expressed that the lots should extend the full
depth from the street to the alley. The Committee also determined that the
proposed subdivision is contrary to the prevailing half -block depth lot pattern in
the Old Beach Overlay District and would set a negative precedent for this
area. The Committee recommended that the existing lots be combined into one
60 -foot by 190 -foot lot, which could then be developed with two single-family
dwellings, as per the Guidelines.
The Old Beach Overlay District was established to preserve and enhance the
historic status of the Old Beach neighborhood by providing development
opportunities for both new and redeveloped resort residential development
outside of normal zoning regulations. These development opportunities were
established to encourage single family cottage style homes and compatible multi-
family residential dwellings on suitable Tots in lieu of standard duplex and/or
multifamily dwellings on the small nonconforming lots that are typical within this
area. It is the intent of the regulations for the Old Beach Overlay District is to
have only one access point per street frontage, with the Principal Dwelling on the
primary street and an Ancillary Dwelling on the alley. The applicant's proposed
development plan is inconsistent with the purpose of the Old Beach Overlay
District. The applicant can, by a matter of right, demolish the existing dwelling
and then develop the lot as allowed by the existing A-12 Apartment zoning, and
the resulting structure would, no doubt, be completely inconsistent with the Old
Beach Design Guidelines and be what the Old Beach Overlay District is intended
to prevent. It is, however, important to note that the applicant is requesting a
Subdivision Variance, and the granting of such a variance by the City Council is
dependent on a finding by the City Council that there is a hardship meeting the
Galleon Investors IX, LLC
Page 3 of 4
criteria of Section 9.3 of the Subdivision Ordinance (listed on page 4 of the
attached staff report). Staff concludes that there is no hardship in this case that
justifies a variance.
Accordingly, based on the finding above as well as the lack of consistency of the
proposed development plan with the purpose of the Old Beach Overlay
Ordinance and the Old Beach Design Guidelines, Staff recommended denial of
this request to the Planning Commission and recommends the same to the City
Council.
There was opposition to the request.
• Recommendations:
The Planning Commission, passing a motion by a recorded vote of 10-0,
recommends approval of this request to the City Council with the following
conditions:
1. The site shall be developed substantially in accordance with the submitted
resubdivision plan entitled "Resubdivision of Lots 18 & 20, Block 125, Map
No. 6, Part of Property of Virginia Beach Development Corp," dated
December 31, 2012, prepared by WPL. Said plan has been exhibited to the
Virginia Beach Planning Commission and City Council and is on file in the
Planning Department.
2. The site shall be developed substantially in accordance with the submitted
Conceptual Site Plan Exhibit of Proposed Lot_20A, Resubdivision of Lots 18
& 20, Block 125, Map No. 6, Part of Property of Virginia Beach Development
Corp," dated February 18, 2013, prepared by WPL. Said plan has been
exhibited to the Virginia Beach Planning Commission and City Council and is
on file in the Planning Department.
3. The applicant must obtain a variance from the Board of Zoning Appeals to the
rear yard setback deficiency on proposed Lot 20-A.
4. The pavement section along this site's frontage on 24th 'h Street must be
widened to a minimum of 18 -feet.
5. The driveway 'runners' shall be constructed of concrete with a brick -red tint;
the remainder of the parking pads and driveway apron shall be constructed
with a permeable paving system. Both the paving system and the design of
the runners shall meet the Standards of the Department of Public Works.
6. A note shall be placed on the final plat approved for recordation stating that
Lot 18-A shall be occupied by only one single-family dwelling unit.
• Attachments:
Galleon Investors IX, LLC
Page 4 of 4
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends denial. Planning C mmission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager: �% k e,
BEACH
Alan
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Galleon Investors IX, LLC
• Zarbwith CopdrioarrProrfers. Open
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Subdivision Variance
D4
April 10, 2013 Public Hearing
APPLICANT/ PROPERTY OWNER:
GALLEON
INVESTORS IX,
LLC
STAFF PLANNER: Ray Odom
REQUEST:
Subdivision Variance to Section 4.1(m)(1) which specifies street and alley widths and Section 4.4(b) of the
Subdivision Ordinance which requires that all newly created lots meet all the requirements of the City Zoning
Ordinance.
ADDRESS / DESCRIPTION: 522 25th Street
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
2417-99-5524-0000 BEACH
11,400 square feet 65-70 dB DNL
APPLICATION HISTORY: This item was deferred by the Planning Commission on March 13 at the request of
the applicant.
4
BACKGROUND / DETAILS OF PROPOSAL
Existing Lot: The subject site is located within the Old Beach Overlay District and is zoned A-12
Apartment District. This site consists of two 30 -foot by 190 -foot non -conforming lots, resulting in a total of
11,400 square feet of lot area. These lots were legally created, but do not meet the minimum lot width
requirement of the A-12 District and are thus non -conforming. These Tots are "through -lots" that front on
25t Street and 24th %2 Street. The site contains an existing single-family dwelling that fronts 25th Street.
Proposed Lots: It is the intent of the applicant to resubdivide the existing two parcels that are currently
divided by a lot line that runs north to south into two parcels which will be divided by a lot line that runs
east to west. The new parcels will meet the lot width and lot area requirements of the Old Beach Overlay
district for single-family dwellings.
Proposed Lot 18A: This lot will front on 25th Street and contain the existing single-family dwelling. The
existing structure, however, does not meet the required rear yard setback from the new property line and
GALLEON INVESTORS 1X, " ,LC
Agenda Item D4
Page 1
it
a variance to Section 4.4(b) of the Subdivision Regulations, which requires that all newly created lots
meet all the requirements of the City Zoning Ordinance, is required.
Proposed Lot 20A: This lot will front on 24th 1/2 Street. 24th 'A Street is a substandard street/alley. The
Design Standards of the Subdivision Ordinance require a minimum 50 -foot right-of-way width and a 30 -
foot pavement width for streets serving residential Tots. The subject street/alley has a 20 -foot right-of-way
width and a pavement width of approximately 16 feet. Therefore, due to a lot being created on a
substandard street/alley a variance to Section 4.1(m)(1) of the Design Standards of the Subdivision
Regulations is required.
The submitted layout plan for Lot 20A proposes a two-story "principal single-family dwelling" and a two-
story "ancillary single-family dwelling," as provided for in the Old Beach Overlay District. Access to these
structures will be from the alley in the form of two separate concrete driveways. The plan depicts that the
minimum rear yard setback requirement has not been meet. A minimum 20 -foot rear yard setback is
required and a 7.5 foot setback has been provided. It will, therefore, be necessary for the applicant to
request a variance from the Board of Zoning Appeals to the minimum rear yard setback requirement.
The submitted architectural renderings show that the "principal single-family dwelling" will face the alley
and will have a front loading recessed garage. The "ancillary single-family dwelling" will face the adjoining
property to the east. Open porches over the entranceways will be provided for both structures.
The Fire Marshal's Office has stated that fire apparatus access is required within 150 feet of the most
remote exterior wall of any proposed buildings on this site. The access road must be 20 feet in width and
support 80,000 pounds of vehicle loading. An approved automatic -fire sprinkler system for the dwellings
may be installed in lieu of an access road. Staff concludes the existing alley cannot meet these
requirements; therefore, it appears that the proposed structures will have to be sprinkled. A final
determination will be conducted during the site plan review process.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Single-family dwelling
SURROUNDING LAND North:
USE AND ZONING:
South:
East:
West:
• 25th Street / Single-family dwellings and duplexes / R -5D
Residential Duplex District
• 24th 'A Street / Multi -family / A-24 Apartment District
• Single-family dwelling / A-12 Apartment District
• Single-family dwelling / A-12 Apartment District
COMPREHENSIVE PLAN: The subject site is located within the Urban Area — Resort Area (Strategic Growth
Area 8) and is within the Old Beach Overlay District.
The Resort Area Strategic Action Plan, adopted in 2008, is the master plan prepared for Strategic Growth Area
8 and identifies the potential for three distinct yet complementary districts at Laskin Gateway, Central Beach
and Rudee Marina. The plan is a vision for enhancing the Resort Area by extending the energy at the beach
into these three areas by developing synergies between the cultural and commercial life, the recreational and
the natural life, and an overall focus of drawing residents and visitors into the resort area. The subject parcels
GALLEON INVESTORS 1X, `LLC
Agenda Item D4
Page 2
are located within the Old Beach Neighborhood, situated between the Laskin Gateway and Central Beach
Districts of the Resort Area Strategic Action Plan.
The Old Beach Overlay District's location is generally bounded by 27 '/ Street and Beach Garden Park to the
north, Parks Avenue to the west, a varying line along 22'/2 and 22 Streets to the south, and a varying line
within the 300 Block west of Pacific Avenue. The purpose of the Old Beach District is to preserve and enhance
the historic status of the Old Beach neighborhood as one of the first residential areas within the Oceanfront
Resort Area by providing opportunities for both new and redeveloped resort residential development,
characterized by single-family cottage -style homes and compatible multiple -family residential dwellings.
To achieve compatibility and appropriateness to the Old Beach neighborhood consistent with the historic
status of Old Beach as an early twentieth century resort community, structures in the Old Beach Overlay
District should strive to comply with the criteria provided in the Old Beach Design Guidelines, adopted in
December 2005. As an incentive to develop lots within the Overlay District in a compatible and appropriate
manner, compliance with the criteria of the design guidelines shall result in allowed deviations to the
dimensional and other requirements of the ordinance.
The Old Beach Design Guidelines state that most lots in Old Beach were planned to be narrow, facing median
street parks, and be served in the rear by alleys. Most lots were originally platted at 30 -feet wide by 140 -feet
deep, depending on block size and presence of a rear alley. Most lots today have been assembled to 40, 50,
and 60 feet wide for residential building purposes. It is the recommendation of these guidelines that narrower
lots be combined to provide sufficient buildable area.
The alleys that have been established within most blocks of Old Beach are currently lacking in their ability to
sufficiently serve the neighborhood. Most alleys are less than 20 -feet wide, do not structurally support the
weight and configuration of services vehicles, and have caused safety concerns within the neighborhood.
Rebuilding and improving properties in a way that is not consistent with the defined vision of Old Beach should
be discouraged. All units should be accessible from the main street or an improved alley with sufficient width
and structural support. Compatible lot characteristics include lot areas of 5,000 square feet minimum with lot
widths of 40 — 60 feet, lot depths of 130-190 feet, and a maximum lot coverage of 40 percent.
Two Cottages, principal and ancillary, on one lot have been identified as a suitable housing type within Old
Beach. Principal dwellings should be up to 60 percent of allowable lot coverage and ancillary dwellings should
be up to 40 percent of allowable lot coverage. Lots cannot be subdivided to place each unit on a separate lot.
If separate ownership of each unit is desired, a condominium form of ownership should be pursued for the lot.
Cottages must maintain a minimum interior lot separation of 30 -feet between structures. Entryways that are
articulated and emphasize approachability provide a positive identity for the home and presence to the street.
Main entrances are to face the street or alley through an open, unenclosed porch area.
Garages should not act as a focal point of the home and should be located in the side or rear of the property,
with a limit of one curb cut per street frontage. Rear -loaded, side -loaded, or recessed front loaded garages are
to be utilized in order to diminish the visual impact of the garage along street fronts. Driveways should be
designed to complement a home's visual appearance and should incorporate pervious paving material to
assist with drainage. Side-by-side parking along street frontages is discouraged in order to limit curb cuts and
provide a landscape area. Paving materials that allow more pervious surface area, such as brick runners and
open pavers are to be utilized. Plantable yard areas with a minimum of 600 square feet per unit, in the form of
rear yards or courtyards are to be Integrated in the design.
GALLEON INVESTORS IX; LLC
Agenda Item D4
Page 3
IMPACT ON CITY SERVICES
WATER: This site must connect to City water. There is an existing six inch City water line in 25m Street and in
24�'/greet.
SEWER: This site must connect to City sanitary sewer. There is an existing eight inch City gravity sanitary
sewer in 25th Street. There is an existing ten inch City gravity sanitary sewer in 24th 1/2 Street. Analysis of
Pump Station #003 and the sanitary sewer collection system is required to ensure future flows can be
accommodated.
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
A. Strict application of the ordinance would produce undue hardship.
B. The authorization of the variance will not be of substantial detriment to adjacent property,
and the character of the neighborhood will not be adversely affected.
C. The problem involved is not of so general or recurring a nature as to make reasonably
practicable the formulation of general regulations to be adopted as an amendment to the
ordinance.
D. The hardship is created by the physical character of the property, including dimensions
and topography, or by other extraordinary situation or condition of such property, or by
the use or development of property immediately adjacent thereto. Personal or self-
inflicted hardship shall not be considered as grounds for the issuance of a variance.
E. The hardship is created by the requirements of the zoning district in which the property is
located at the time the variance is authorized whenever such variance pertains to
provisions of the Zoning Ordinance incorporated by reference in this ordinance.
EVALUATION AND RECOMMENDATION
It is recommended that this application be denied. Staff reviewed the submitted layout plan and
architectural renderings utilizing the dimensional requirements and the desired design incentives of the
Old Beach Overlay District and the Old Beach Design Guidelines. The plan and architectural renderings
do not meet certain dimensional requirements, design incentives, access and architectural guidelines.
The following are the deficiencies in the submitted layout plan and architectural renderings:
GALLEON INVESTORS IX, LLC
Agenda Item D4
Page 4
• The existing structure does not meet the required rear yard setback from the new property line on
proposed Lot 18A. A 20 -foot rear yard setback is required and an 11.5 -foot setback has been
proposed. Therefore, a variance to the setback requirement is required.
• Proposed Lot 20A will front on 24th 1/2 Street. 24th1/2 Street is a substandard street/alley. The
Design Standards of the Subdivision Regulations require a minimum 50 -foot right-of-way width
and a 30 -foot pavement width for streets serving residential Tots. The subject street/alley has a
20 -foot right-of-way width and an approximately 16 -foot pavement width. Therefore, a variance to
the right-of-way and pavement width is required. In addition, access to the proposed structures
on this lot will be from this substandard street/alley in the form of two separate concrete
driveways. The design guidelines call for one curb cut per street frontage. The guidelines also
call for driveways to be designed to complement a dwelling's visual appearance by incorporating
pervious paving materials such as brick runners and/or open pavers to also assist with drainage.
Concrete driveways have been proposed.
• The plan depicts that the minimum rear yard setback requirement on Lot 20A has not been meet.
A minimum 20 -foot rear yard setback is required and a 7.5 foot setback has been provided.
Therefore, the applicant must request a variance from the Board of Zoning Appeals to the
minimum rear yard setback requirement.
• The ancillary single family dwelling has been shown facing the adjoining property to the east. The
guide lines call for a rear structure that does not have any street frontage to face the interior yard.
The Old Beach Overlay District was established to preserve and enhance the historic status of the Old
Beach neighborhood by providing development opportunities for both new and redeveloped resort
residential development outside of normal zoning regulations. These development opportunities were
established to encourage single family cottage style homes and compatible multi -family residential
dwellings on suitable lots in lieu of standard duplex and/or multi -family dwellings on the small non-
conforming Tots that are typical within this area. The guidelines suggest that these narrow deep lots be
combined in order to provide for a sufficient buildable area. The applicant is requesting to resubdivide
two non -conforming lots, as to lot width, and create two conforming lots that meet the lot width and lot
area requirements of the district for single family dwellings in the Old Beach Overlay District. However,
proposed Lot 20A will be located on a substandard street/alley. The applicant is proposing a single family
dwelling and an ancillary single family dwelling on this lot that will be access by two separate driveways.
Creating this lot on this substandard street/alley would set a president for creating additional lots on these
narrow alleys that have limited pavement widths and are located throughout the Old Beach area. These
alleys were never intended to provide primary access to a separate lot, but to provide secondary access
to a rear garage, etc. Therefore, it is the intent of the overlay district to have only one access point per
street frontage, with the principle dwelling on the primary street and an ancillary dwelling on the alley.
Although, the proposed lots meet dimensional requirements the submitted development plan shows that
the existing and proposed structures cannot meet the setback requirements and design requirements of
the district, as stated above, and require variances from the Board of Zoning Appeals and City Council.
In addition, the applicant could remove the existing structure on proposed Lot 18A and request additional
variances to place two single family dwellings on this lot. This proposal is not in keeping within the intent
of the OId Beach Overlay District. The intent is to combine the two non -conforming lots and provide a lot
that has sufficient building area for two single family dwellings that meets all dimensional and design
criteria with one curb cut per street frontage. Therefore, staff recommends denial of this application.
The Old Beach Design Review Committee met on February 28, 2013 and reviewed the subdivision
variance request and the conceptual site plan exhibit dated February 28, 2013. The Committee found that
the resubdivision of the existing lots into Lots 18A and 20A did not meet the standards of the OId Beach
guidelines in terms of the depth of the proposed lots and determined that lots should extend the full depth
from the street to the alley. The committee also determined that the proposed subdivision is contrary to
the prevailing half -block depth lot pattern in the Old Beach Overlay District and would set a negative
GALLEON INVESTORS IX, LLC
Agenda Item D4
Page 5
precedent for this area. The Committee recommended that the existing Tots be combined into one 60 -foot
by 190 -foot lot, which could then be developed with two single family dwellings, as per the Guidelines.
If approved the following conditions are recommended:
CONDITIONS
1. The site shall be developed substantially in accordance with the submitted resubdivision plan entitled
"Resubdivision of Lots 18 & 20, Block 125, Map No. 6, Part of Property of Virginia Beach Development
Corp," dated December 31, 2012, prepared by WPL. Said plan has been exhibited to the Virginia
Beach Planning Commission and City Council and is on file in the Planning Department.
2. The site shall be developed substantially in accordance with the submitted Conceptual Site Plan
Exhibit of Proposed Lot_20A, Resubdivision of Lots 18 & 20, Block 125, Map No. 6, Part of Property of
Virginia Beach Development Corp," dated February 18, 2013, prepared by WPL. Said plan has been
exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning
Department.
3. The applicant must obtain a variance from the Board of Zoning Appeals to the rear yard setback
deficiency on proposed Lot 20-A.
4. The pavement section along this site's frontage on 24th'/ Street must be widened to a minimum of
18 -feet.
5. The driveway 'runners' shall be constructed of concrete with a brick -red tint; the remainder of the
parking pads and driveway apron shall be constructed with a permeable paving system. Both the
paving system and the design of the runners shall meet the Standards of the Department of Public
Works.
6. A note shall be placed on the final plat approved for recordation stating that Lot 18-A shall be occupied
by only one single-family dwelling unit.
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.
GALLEON INVESTORS IX, LLC
Agenda Item D4
Page 6
AERIAL OF SITE LOCATION
GALLEON INVESTORS IX, LLC
Agenda Item D4
Page
PROPOSED RESUBDIVISION PLAN
GALLEON INVESTORS IX, LLC
Agenda Item D4
Page 8
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VIRGINIA BEACCHHE PDEVELOPMENT CO.
PGT RPCORDED 1N Y.B. 5, PT. 1, PG. 109, IN THE CLERK'S OFFICE
OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA
VIRGINIA
CBECRL,Y VIRGINIA
sum 1' = 10' GALLEON PIVE8TOR8 OC LLC
71/080 parpmp.
CITY OF VIRGINIA BRACE, VIRGINIA]F.B./PG.:890/84-6661004/79-74 IPLAT:1-70-17 (FEBRUARY 28, 0003!0X:012-0342
PROPOSED BUILDING LAYOUT
GALLEON INVESTORS IX, LLC
Agenda Item D4
Page 9
RENDERING
GALLEON INVESTORS IX, LLC
Agenda Item D4
Page 10
RENDERING
GALLEON INVESTORS IX, LLC
Agenda Item D4
Page 11
I
RENDERING
GALLEON INVESTORS IX, LLC
Agenda Item D4
Page 12
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Zoning with Conditions Proffers. Open
Space Promotion or PDH -2 Overlays
Subdivision Variance
1
2
DATE
08/23/2011
09/09/2011
ZONING HISTORY
REQUEST
Nonconforming use (alterations)
Rezoning (0-2 to Conditional R -5D)
ACTION
Approved
Approved
3
01/22/2008
Street closure
Approved
GALLEON INVESTORS IX, LLC
Agenda Item D4
Page 13
z
i=11V
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)
Galleon Investors IX, LLC: John T. Standing; Douglas Ellis, Sr.; Douglas Ellis, Jr.; &
Patrick Standing, Jr.
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
14/A
❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc, below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business 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
Subdivision Variance Applkation
Page 10 of 11
Revised: 9/1/2004
DISCLOSURE STATEMENT
GALLEON INVESTORS 1X, :LLC
Agenda Item D4
Page 14
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.
WPL
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: 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
accordin. • the instr ions in this package.
Galleon t77- IX, C
By a X..\\N 1 c-I-ArJcl t rJa
Applicant's .nature Print Name
Property Owner's Signature (if different than applicant) Print Name
Subdivision Variance Application
Page 11 of 11
Revised 9/1/2004
DISCLOSURE STATEMENT
GALLEON INVESTORS IX, tLC
Agenda Item D4
Page 15
Item D-4
Galleon Investors IX, L.L.C.
Variance to the Subdivision Ordinance
522 25th Street
District 6
Beach
April 10, 2013
REGULAR
An application of Galleon Investors, IX, L.L.C. for a Subdivision Variance to Section
4.1(m)(1) which specifies street and alley widths and Section 4.4(b) of the Subdivision
Ordinance which requires that all newly created lots meet all the requirements of the City
Zoning Ordinance on property located at 522 25th Street, District 6, Beach. GPIN: 2417-99-
5524-0000.
CONDITIONS
1. The site shall be developed substantially in accordance with the submitted resubdivision
plan entitled "Resubdivision of Lots 18 & 20, Block 125, Map No. 6, Part of Property of
Virginia Beach Development Corp," dated December 31, 2012, prepared by WPL. Said
plan has been exhibited to the Virginia Beach Planning Commission and City Council
and is on file in the Planning Department.
2. The site shall be developed substantially in accordance with the submitted Conceptual
Site Plan Exhibit of Proposed Lot_20A, Resubdivision of Lots 18 & 20, Block 125, Map
No. 6, Part of Property of Virginia Beach Development Corp," dated February 18, 2013,
prepared by WPL. Said plan has been exhibited to the Virginia Beach Planning
Commission and City Council and is on file in the Planning Department.
3. The applicant must obtain a variance from the Board of Zoning Appeals to the rear yard
setback deficiency on proposed Lot 20-A.
4. The pavement section along this site's frontage on 24th 1/2 Street must be widened to a
minimum of 18 -feet.
5. The driveway `runners' shall be constructed of concrete with a brick -red tint; the
remainder of the parking pads and driveway apron shall be constructed with a
permeable paving system. Both the paving system and the design of the runners shall
meet the Standards of the Department of Public Works.
6. A note shall be placed on the final plat approved for recordation stating that Lot 18-A
shall be occupied by only one single-family dwelling unit.
AYE 10 NAY 0 ABS 0 ABSENT 1
BERNAS AYE
Item D-4
Galleon Investors IX, L.L.C.
Page 2
FELTON
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
ABSENT
By a vote of 10-0, the Commission approved Item D-4.
Eddie Bourdon appeared before the Commission on behalf of the applicant.
Don Squibb and Tim Thomas appeared before the Commission in opposition.
Modification of Conditions
[
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: BISHOP SULLIVAN CATHOLIC HIGH SCHOOL (Applicant) / CATHOLIC DIOCESE
OF RICHMOND (Owner), Modification of a Conditional Use Permit for a private high
school, granted by the City Council on April 28, 1992. 4552 Princess Anne Road (GPIN
1476537071). KEMPSVILLE DISTRICT.
MEETING DATE: May 28, 2013
• Background:
A Conditional Use Permit permitting a private high school was approved by the
City Council April 28, 1992 and amended August 11, 1992. The Conditional Use
Permit currently has six conditions, which are listed at the end of the attached
report.
The applicant intends to add lighting for the sports fields on the property and
construct two additions to the school.
• Considerations:
One of the additions to the existing gymnasium was shown as 'future athletics' on
the plan for the original conditional use permit. The other, a two-story locker room
and wrestling addition was not shown. The applicant is also proposing a
freestanding restroom and concession building that will be located central to the
athletic fields.
The exterior building materials and colors shall be similar to the exterior of the
existing educational building. The site lighting this property is adjacent to a
residential development.
Further information regarding the proposed additions is provided in the attached
staff report.
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 10-0, to recommend approval of this request to the
City Council with the following conditions:
1. Except as expressly modified herein, all conditions attached to the
Conditional Use Permit granted by the City Council on April 28, 1992 and
modified on August 11, 1992 remain in full force and effect.
KEMPSVILLE
Ma IcE-9
Mac t rc Scale.
Bisho Sullivan Ca
' Zoalrg with CaMMem 4, 'ellen. Op*
Space Promotba o, PAIS Ova,Yya
Modification of Conditions
5
April 10, 2013 Public Hearing
APPLICANT:
BISHOP SULLIVAN
CATHOLIC HIGH
SCHOOL
PROPERTY OWNER:
CATHOLIC
DIOCESE OF
RICHMOND
STAFF PLANNER: Karen Prochilo
REQUEST:
Modification of a Conditional Use Permit for private high school approved by the City Council on April 28, 1992
and amended August 11, 1992.
ADDRESS / DESCRIPTION: 4552 Princess Anne Road
GPIN: ELECTION DISTRICT: SITE SIZE:
14765370710000 KEMPSVILLE 31.4 acres
AICUZ:
Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The Conditional Use Permit permitting the private high school was approved by the City Council April 28,
1992 and amended August 11, 1992. The Conditional Use Permit has 6 conditions, which are listed at the
end of this report.
A site plan was part of the approved application in 1992 but the site plan was not listed in the conditions.
The applicant intends to add sports field lighting on the property and two additions to the school. One
gymnasium expansion was shown as future athletics on the plan for the original conditional use permit.
The other, a 2 -story locker room and wrestling addition was not shown on any plans. A freestanding
restroom/ concession building is also proposed central to the athletic fields. With the request to modify the
approved plan, Staff is requiring that the revised site plan become part of the Conditional Use Permit.
The exterior building materials and colors shall be similar to the exterior of the existing educational
building. The site lighting this property is adjacent to a residential development.
BISHOP SULLIVAN CATHOLIC HIGH SCHOOL
Agenda Item 5
Page 1
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Private high school with ancillary parking and sports fields
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
• Single-family dwellings & Assisted living facility / PD -H1 District
& R-7.5 Residential District
• Retail center / B-2 Community Business District
• Medical facility & open space / PD -H1 District & 0-2 Office
District
• Princess Anne Road
• Multi -family dwellings / PD -H1 District
NATURAL RESOURCE AND The majority of the site is developed with a high school, parking, and
CULTURAL FEATURES: sports fields.
COMPREHENSIVE PLAN: This site is located within the Suburban Area. The general planning principles for
the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality
of the stable neighborhoods and reinforce the suburban characteristics of commercial centers and other non-
residential areas that make up part of the Suburban Area. Achieving the goals of preserving neighborhood
quality requires that all new development or redevelopment, whether residential or non-residential, either
maintain or enhance the overall area. (p. 3-2)
The Special Area Development Guidelines includes design recommendations for the Suburban Areas
addressing both site and building design to improve the quality of our physical environment. Specific to this
request, all outdoor lighting should be of a design that accentuates the site and provides sufficient illumination
for the development without projecting light and glare onto adjacent properties or the night sky. Lighting
should be designed and placed so that it does not direct or reflect any illumination into residential areas.
Additionally, landscaping can play many roles, both functional and aesthetic, in promoting a quality physical
environment. In the absence of existing vegetation, the type, size and location of new plant material should be
added to achieve a high quality physical environment (pp. B-7 thru B-10).
4
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne
Road in the vicinity of this application is considered a four -lane divided minor urban arterial. The Master
Transportation Plan proposes a four -lane facility within a 120 foot right-of-way. Currently, this segment of
roadway is functioning over -capacity at a LOS F.
No roadway Capital Improvement Program projects are slated for this area.
BISHOP SULLIVAN CATHOLIC HIGH SCHOOL
Agenda Item 5
Page 2
TRAFFIC:
Street Name
Present Volume
Present Capacity
Generated Traffic
Princess Anne
Road
28,145 ADT 1 -
(2012)
14,800 ADT 1(Level of
Service "C")
22,800 ADT 1 (Level of
Service "D") / Capacity
27,400 ADT 1 (Level
of Service "E")
Existing Land Use `—
1,027 ADT
Proposed Land Use 3— This
request is for auxiliary
improvements to the athletic
department, there should not be
a change in the number of
enrolled students. Therefore,
the traffic volume will remain
the same from existing to
proposed conditions.
'Average Daily Trips
2as defined by private high school — approximately 414 students
'as defined by private high school — approximately 414 students
WATER: This site is connected to City water. There is a 12 -inch City water main in Princess Anne Road.
There is a 2" water meter (City ID #95061226) and an 8" fire meter (ID #95071117) which can be used or
upgraded to accommodate the proposed development.
SEWER: This site is connected to City sanitary sewer through a private force main. The force main connects
to a city gravity sanitary sewer manhole which is in Pump Station Service Area #543. Sanitary sewer and
pump station analysis for Pump station #543 is required to determine if future flows can be accommodated.
The site is currently within Pump Station Service Area #587, but pumps to Pump Station Service Area #543.
Therefore, pump station upgrade fees may apply to the additional sanitary sewer flow for this site.
4
EVALUATION AND RECOMMENDATION
This request to modify the existing conditions to add lighting for the football field and adjacent field
hockey/lacrosse field, add a freestanding restroom, concession and locker room building central to all
athletic fields, as well as a 2 -story addition connected to the existing gymnasium are generally consistent
with the land use policies of the Comprehensive Plan and the design guidelines for the Suburban Area.
The photometric plan indicates that the proposed field lighting has been designed to not direct or reflect
any illumination into adjacent residential areas. The proposed freestanding buildings, building additions,
and enclosed entry are in the same style, material, and proportion as the existing campus building design.
Furthermore to ensure a quality physical environment as the campus grows, it is recommended that a
landscape plan to address any building landscaping for the new development areas be provided at site
plan review.
The following are the current conditions in their entirety.
1. A Best Management Practice facility must be provided in accordance with the Stormwater
Management Ordinance.
2. Right and left turn lanes will be required at the entrance to the school.
3. A one foot no ingress/ egress easement shall be provided along Princess Anne Road, except at
the approved entrance.
BISHOP SULLIVAN CATHOLIC HIGH SCHOOL
Agenda Item 5
Page 3
4. With the elimination of the need for the proposed ten (10) acre school site shown on the approved
Brenneman Farm Land Use Plan, the total acreage for the townhouse development will be
reduced form 31.7 acres to 26.7 acres, and the number of townhouse units will be reduced from
285 to 240. No future development will occur on the property until such time as an amended land
use plan is submitted and approved by City Council.
5. An undulating berm with landscaping must be provided adjacent to Princess Anne Road.
6. Category II screening is required along the northern property line adjacent to existing residential
neighborhood.
Staff recommends approval of this requested modification, as conditioned below.
4
CONDITIONS
1. Except as expressly modified herein, all conditions attached to the Conditional Use Permit granted by
the City Council on April 28, 1992 and modified on August 11, 1992 remain in full force and effect.
2. The site and lighting shall be developed in substantial conformance with the submitted site plan
entitled "BISHOP SULLIVAN CATHOLIC HIGH SCHOOL SITE PLAN" prepared by Langley &
McDonald, Inc., dated December 19, 2012. Said plan has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Planning Department.
3. The proposed additions shall be constructed substantially in accordance with the submitted building
elevations entitled "ATHLETIC FACILITY EXPANSION BISHOP SULLIVAN CATHOLIC HIGH
SCHOOL" prepared by Hanbury Evans Wright Vlattas, undated. Said elevations have been exhibited
to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department.
4. The applicant shall submit a photometric plan for an exterior lighting review and approval.
5. The applicant shall submit a landscape plan for the new development areas review and approval.
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.
BISHOP SULLIVAN CATHOLIC HIGH SCHOOL
Agenda Item 5
Page 4
AERIAL OF SITE LOCATION
BISHOP SULLIVAN CATHOLIC HIGH SCHOOL
Agenda Item 5
Page 5
11 I
PROPOSED SITE PLAN
BISHOP SULLIVAN CATHOLIC HIGH SCHOOL
Agenda Item 5
Page 6
RENDERED ELEVATION
BISHOP SULLIVAN CATHOLIC HIGH SCHOOL
Agenda Item 5
Page 7
RENDERED ELEVATION
BISHOP SULLIVAN CATHOLIC HIGH SCHOOL
Agenda Item 5
Page 8
EXISTING RESTROOM BUILDING NORTH ELEVATION
EXISTING RESTROOM BUILDING SOUTH ELEVATION
PHOTOGRAPHS OF EXISTING BUILDINGS
�.1jA•Rr>
BISHOP SULLIVAN CATHOLIC HIGH SCHOOL
Agenda Item 5
Page 9 D
KEMPSVILLE
Map E-9
Mao Not to Scafe
Bisho ) Sullivan Catholic Hiah School
'Zoning with Conditions Proffers, Open
Space Promotion or PDH -2 Overk ys
Modification of Conditions
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
09/09/2003
Conditional Change of Zoning - PD -H1 to B-2 & 0-2
and A-12 w/ PD -H2 overlay
Granted
00/00/2000
Land Use Plan Amendment
Granted
2
11/12/2002
Conditional Use Permit (Religious Facility)
Granted
08/03/1987
Conditional Change of Zoning — R-6 to B-1 Denied,
Modified to 0-1
Granted
3
11/12/1996
Conditional Use Permit (Nursing Home)
Granted
4
08/11/1992
Amended Conditional Use Permit
Granted
04/28/1992
Change of Zoning - PD -H1 to R-10 / Conditional Use
Permit (Private High School)
Granted
5
08/11/1992
Change of Zoning - PD -H to PD -H1
Granted
06/14/1971
Change of Zoning — RS -4 to PD -H
Granted
tN1 A :41;'14P -4:1.-.t
BISHOP SULLIVAN CATHOLIC HIGH SCHOOL
Agenda Item 5
Page 10
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)
Bishop Sullivan Catholic High School
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
N/A
CCheck 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)
Most Reverend Francis Xavier DiLorenzo, Bishop of Richmond
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
N/A
Ir l Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
' & 2 See next page for footnotes
Does an official or em loyee of �the City of Virginia Beach have an interest in the
prom/ subject land? Yes No Ir J
�...�� If yes, what is the name of the official or employee and the nature of their interest?
A
O
Modification of Conditions Application
Page 10 of 11
Revised 7/3/07
DISCLOSURE STATEMENT
BISHOP SULLIVAN CATHOLIC HIGHSCHOOL
Agenda Item 5
Page 11
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Hanbury Evans Wright Vlattas Company
Langley & McDonald a
Pace Collaborative
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 relatibiTthip
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: i certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
I
pli Signature
PropertyS n'e f(d :12"e -4( -rent t applicant)
0
Modification of Conditions Application
Page 11 of 11
Revised 7/312007
rrv:v�(
rent Name
FrOtnOt(-) X. tI.Dren2o
Print Name
CJ _
DISCLOSURE STATEMENT
BISHOP SULLIVAN CATHOLIC HIGH SCHOOL
Agenda Item 5
Page 12
Item #5
Bishop Sullivan Catholic High School
Modification of a Conditional Use Permit
4552 Princess Anne Road
District 2
Kempsville
April 10, 2013
CONSENT
An application of Bishop Sullivan Catholic High School for a Modification of a Conditional
Use Permit for private high school approved by the City Council on April 28, 1992 and
amended August 11, 1992 on property located at 4552 Princess Anne Road, District 2,
Kempsville. GPIN: 14765370710000.
CONDITIONS
1. Except as expressly modified herein, all conditions attached to the Conditional Use
Permit granted by the City Council on April 28, 1992 and modified on August 11, 1992
remain in full force and effect.
2. The site and lighting shall be developed in substantial conformance with the submitted
site plan entitled "BISHOP SULLIVAN CATHOLIC HIGH SCHOOL SITE PLAN" prepared
by Langley & McDonald, Inc., dated December 19, 2012. Said plan has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach Planning
Department.
3. The proposed additions shall be constructed substantially in accordance with the
submitted building elevations entitled "ATHLETIC FACILITY EXPANSION BISHOP
SULLIVAN CATHOLIC HIGH SCHOOL" prepared by Hanbury Evans Wright Vlattas,
undated. Said elevations have been exhibited to the Virginia Beach City Council and are
on file with the Virginia Beach Planning Department.
4. The applicant shall submit a photometric plan for an exterior lighting review and
approval.
5. The applicant shall submit a landscape plan for the new development areas review and
approval.
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
Item #5
Bishop Sullivan Catholic High School
Page 2
valid.
The applicant is encouraged to contact and work with the Crime Prevention Office
within the Police Department for crime prevention techniques and Crime Prevention
Through Environmental Design (CPTED) concepts and strategies as they pertain to
this site.
AYE 10 NAY 0 ABS 0 ABSENT 1
BERNAS AYE
FELTON ABSENT
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
By a vote of 10-0, the Commission approved item 5 by consent.
Tom Langley appeared before the Commission on behalf of the applicant.
I JJ
Nu -
CUP for Home Occupation (Day Care)
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71,
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: SANDRA MANBY WOLFORD (Applicant & Owner), Conditional Use Permit
for a Family (Child) Daycare Home. 528 Gotham Road (GPIN 1487372187).
LYNNHAVEN DISTRICT.
MEETING DATE: May 28, 2013
• Background:
The applicant requests a Conditional Use Permit (CUP) to allow use of the site
as an in-home Family (Child) Daycare Home. The applicant was notified through
the Department of Social Services (DSS) of the requirement for a Use Permit,
and subsequently, the applicant submitted an application. The applicant is
licensed by the DSS to care for up to twelve children.
• Considerations:
The property has adequate outdoor play space on the 8,600 square foot lot. The
existing single-family dwelling and the fenced rear yard is of ample size to
accommodate the children. There is no specific floor area requirement for the
number of children permitted in a home. DSS determines the capacity of a family
day home based on various factors provided in State Board of Social Services'
Standards for Licensed Family Day Homes (adopted July 2010). Thus, the final
determination of the maximum number of children will be made by the DSS, but
in no case will it be more than 12 as conditioned below.
Staff finds that the applicant's request will not adversely impact any surrounding
properties and is consistent with the recommendations of the Comprehensive
Plan for the Suburban Area
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 10-0, to recommend approval of this request to the
City Council with the following conditions:
1. The Family (Child) Daycare Home shall be limited to a total of 12 children and
the permitted number of children based on their ages shall be as set forth by
the Virginia Department of Social Services.
East:
West:
• Single-family dwellings / R-7.5 Residential District
• Gotham Road
• Single-family dwellings / R-7.5 Residential District
NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. There do not appear
CULTURAL FEATURES: to be any significant natural or cultural resources on this site.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The
general planning principles for the Suburban Area focus on preserving and protecting the overall character,
economic value, and aesthetic quality of stable neighborhoods. Three key planning principles have been
established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and
protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes
compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill
development and conditions on places of special care and home occupations. Achieving these goals requires
that all land use activities, such as home occupations, either maintain or enhance the existing neighborhood
through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility,
environmental responsibility, livability, and effective buffering with respect to type, size, intensity and
relationship to the surrounding uses.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Gotham Road
is considered a two-lane undivided local street. There are no roadway CIP Projects programmed for this
roadway.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Gotham Road
No Data
Available
9,900 ADT 1(Level of
Service "D")
Existing Land Use 10
ADT
Proposed Land Use 3- 58
ADT
Average Daily Trips
2 as defined by single family dwelling
3 as defined by single family dwelling with daycare
WATER & SEWER: This site is already connected to both City water and sewer.
SANDRA MANBY WOLFORD
Agenda Item 7
Page 2
EVALUATION AND RECOMMENDATION
Staff recommends approval of this request with the conditions below.
The applicant is currently operating a day care out of her single-family dwelling and is licensed for up to
12 children. The property has adequate outdoor play space on the 8,600 square foot lot.
The Department of Social Services is responsible for ensuring quality care for the children. A family day
home (child daycare) is subject to licensure when 6 to12 children, exclusive of the provider's own children
and any children who reside in the home, are provided care at any one time. The licensed capacity is the
number of children allowed in care at any one time. The number of children permitted based on age is
determined by a point system developed by the Virginia Department of Social Services (DSS). The
applicant is requesting to care for up to 12 children. The ages of those children will be determined by the
Social Services point system.
The existing single-family dwelling and the fenced rear yard is of ample size to accommodate the
children. There is no specific floor area requirement for the number of children permitted in a home. DSS
determines the capacity of a family day home based on various factors provided in State Board of Social
Services' Standards for Licensed Family Day Homes (adopted July 2010). Thus, the final determination of
the maximum number of children will be made by the DSS, but in no case will it be more than 12 as
conditioned below.
Staff concludes that the applicant's request will not adversely impact any surrounding properties and is
consistent with the recommendations of the Comprehensive Plan for the Suburban Area. It should be
noted that Staff used the Institute of Traffic Engineer's equation for a commercial daycare land use in
order to provide a best estimate for the amount of trips generated by an in-home day care use. Therefore,
it is likely that this analysis overestimates the traffic generated by an in-home day care use. Approval of
the Conditional Use Permit is recommended subject to the following conditions.
CONDITIONS
1. The home daycare shall be limited to a total of 12 children and the permitted number of children based
on their ages shall be as set forth by the Virginia Department of Social Services.
2. No more than one person other than a relative residing in the home shall be employed by the home
day care.
3. A fence shall be maintained at all times to create an enclosed play area.
4. The applicant shall maintain a family day care home license with the Commonwealth of Virginia.
Failure to maintain a family day care home license shall result in revocation of this Conditional Use
Permit.
5. The applicant shall receive a Certificate of Occupancy from the Building Official for the home
daycare/residential use.
SANDRA MANBY WOLFORD
Agenda Item 7
Page 3
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.
SANDRA MANBY WOLF4 RD
Agenda Item 7
Page 4
.wi I 11J,_.
Honeytree Lane
AERIAL OF SITE LOCATION
SANDRA MANBY WOLFORD
Agenda Item 7
Page 5
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EXISTING SITE LAYOUT
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SANDRA MANBY WOLFORD
Agenda Item 7
Page 6
II .. l d l 1
LYNNHAVEN
Map G-6
Map Not to Scats
Sandra Manby Wolford
' Zoning with Conditions..Proffers. Open
Space Promotion or PDH -2 Overlays
CUP for Home Occupation (Day Care)
ZONING HISTORY
SANDRA MANBY WOLFORD
Agenda Item 7
Page 7
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)
l
2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with
the applicant: (Attach list if necessary)
Check h e 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 froth applicant.
If the property owner is a corporation, partnership, firm, business, or other unincorporated organiza-
tion, complete the following:
1. List the property owner name followed by the names of all officers, members, trustees, partners,
etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with
the applicant: (Attach list if necessary)
❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other
unincorporated organization.
' & 2 See next page for footnotes
DISCLOSURE STATEMENT
SANDRA MAN.BY WOLFORD
Agenda Item 7
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)
"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 § 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 (Hi) 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, l 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.
74 plicant's Signature 111
dA)1(liL1, 1, �1,CTc(-CI
Print Name
Property Owner's Signature (if different than applicant) Print Name
DISCLOSURE STATEMENT
SANDRA MANSY WOLFORD
Agenda Item 7
Page 9
Item #7
Sandra Manby Wolford
Conditional Use Permit
528 Gotham Road
District 5
Lynnhaven
April 10, 2013
CONSENT
An application of Sandra Manby Wolford for a Conditional Use Permit (in-home day care) on
property located at 528 Gotham Road, District 5, Lynnhaven. GPIN: 14873721870000.
CONDITIONS
1. The home daycare shall be limited to a total of 12 children and the permitted number of
children based on their ages shall be as set forth by the Virginia Department of Social
Services.
2. No more than one person other than a relative residing in the home shall be employed
by the home day care.
3. A fence shall be maintained at all times to create an enclosed play area.
4. The applicant shall maintain a family day care home license with the Commonwealth of
Virginia. Failure to maintain a family day care home license shall result in revocation of
this Conditional Use Permit.
5. The applicant shall receive a Certificate of Occupancy from the Building Official for the
home daycare/residential 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.
The applicant is encouraged to contact and work with the Crime Prevention Office
within the Police Department for crime prevention techniques and Crime Prevention
Through Environmental Design (CPTED) concepts and strategies as they pertain to
this site.
AYE 10 NAY 0 ABS 0 ABSENT 1
I
Item #7
Sandra Manby Wolford
Page 2
BERNAS AYE
FELTON
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
ABSENT
By a vote of 10-0, the Commission approved item 7 by consent.
The applicant, Sandra Manby Wolford, appeared before the Commission
�J yG7
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: DONA L. COX (Applicant & Owner), Conditional Use Permit for a Child
Daycare. 453 Cummings Road (GPIN 1487266221). LYNNHAVEN DISTRICT.
MEETING DATE: May 28, 2013
• Background:
The applicant requests a Conditional Use Permit (CUP) to allow use of the site
as an in-home Family (Child) Daycare Home. The applicant was notified through
the Department of Social Services (DSS) of the requirement for a Use Permit,
and subsequently, the applicant submitted an application. The applicant currently
provides care for only eight children; however, she is licensed by the DSS to care
for up to twelve children.
• Considerations:
The primary play area is located in the front yard, as shown on page 8 of the
attached staff report. While the use of a portion of the front yard and the means
of its enclosure meets DSS regulations, both the Planning Department staff and
the Planning Commission conclude that additional measures to ensure the safety
of the children are required. Thus, staff recommended a condition to the Planning
Commission requiring the applicant to provide fencing to fully enclose the play
area. The Planning Commission concurred with that recommendation, and after
discussion with the applicant during the Public Hearing regarding the type and
location of the fencing, modified the condition. The modified condition is
recommended below (Number 4) and the style of the fencing is shown on page 8
of the attached report.
There is also an in -ground pool in the rear yard. The pool meets the barrier
requirements of the 2009 Virginia Residential Code as well as the regulations of
the DSS. Condition 5 of this Use Permit, recommended below, emphasizes
continued compliance with those requirements.
There was no opposition to the request.
• Recommendations:
The Planning Commission, passing a motion by a recorded vote of 10-0,
recommends approval of this request to the City Council with the following
conditions:
1. The Family (Child) Daycare Home shall be limited to a total of twelve (12)
children, other than children living in the home.
Dona L. Cox
Page 2 of 2
2. Hours of operation shall be limited to Monday through Friday, 7:00 a.m. to
6:00 p.m.
3. No more than one (1) person, other than the applicant, shall be employed by
the home daycare.
4. The applicant shall install an wrought -iron style fence with a maximum height
of four feet around the front yard play area. This fence shall be no closer than
four feet from the right-of-way as shown on the plan titled "Fencing Plan,"
dated 04/29/2013.
5. All barrier requirements of the Virginia Administrative Code, as enforced by
the Virginia Department of Social Services pertaining to the in -ground
swimming pool, outdoor play area, and use of the driveway shall be met.
6. The applicant shall stagger the arrival and departure times for the children
such that vehicular congestion is avoided.
7. To ensure driver visibility at the intersection of Cronin Road and Cummings
Road, vehicles waiting to drop-off or pick-up children shall not wait on Cronin
Road along the curb adjacent to the subject property.
8. 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.
9. The applicant shall obtain all necessary permits from the Planning
Department / Permits and Inspections Division. The applicant shall secure a
Certificate of Occupancy from the Building Official for this 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
• 1:40.0014ProHemr.n
px.Promotion n. iv 0, Overlay.
CUP for In -Home Child Cam
REQUEST:
Conditional Use Permit (In -Home Child Care)
ADDRESS / DESCRIPTION: 453 Cummings Road
GPIN:
14872662210000
1 1
April 10, 2013 Public Hearing
APPLICANT AND
PROPERTY OWNER:
DONA L. COX
STAFF PLANNER: Kristine Gay
ELECTION DISTRICT: SITE SIZE: AICUZ:
LYNNHAVEN 11,982 square feet Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests a Conditional Use Permit (CUP) to allow use of the site as an in-home day care.
The applicant was notified through the Department of Social Services (DSS) of the requirement of a CUP;
at that time, she submitted her application. While currently the applicant only provides care for eight
children, she is licensed by the DSS to care for up to twelve and is therefore requesting that the CUP
allow for the maximum of twelve children.
The subject site is located at the corner of Cummings Road and Cronin Road. A single-family detached
house is located at an angle in the center. As shown in the aerial photos, the majority of the back yard is
taken up by an in -ground pool and a large wooden deck. Privacy fencing extends from the northern
corner of the back fagade of the house to the western lot line. The privacy fencing continues along the
southern lot line until it projects back inward to the southern facade of the house.
The applicant currently cares for the eight children from 7:30 a.m. to 5:30 p.m., Monday through Friday.
Each summer she cares for two additional children bringing the total to ten children. Per DSS
requirements, the applicant has one additional employee to assist her. Children are dropped off between
DONA L. COX
Agenda Item 11
Page 1
the hours of 7:30 a.m. — 9:00 a.m. and picked up between 4:00 p.m. and 5:00 p.m. Vehicles wait along
the curb or in the driveway during pick-up and drop-off.
The applicant has retrofitted the interior of her single car garage to act as the indoor learning and playing
space for the children. This space can be directly accessed from the outdoors. The main play area for the
children is located in the front yard between the side lot line and driveway. The play area is well defined
by mulch which is contained by an undulating 3" high concrete balance beam to the east and the edge of
the driveway to the north. The play area is partially bordered by the privacy fencing to the west and the
picket style fencing along the lot line to the south. Extending outward to the street and front yard, the play
area is kept open.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Single-family home / R-7.5
SURROUNDING LAND North: • Single-family homes / R-7.5 Residential District
USE AND ZONING: South: • Single-family homes / R-7.5 Residential District
East: • Single-family homes / R-7.5 Residential District
West: • Single-family homes / R-7.5 Residential District
NATURAL RESOURCE AND
CULTURAL FEATURES:
This is a corner residential lot. There is no visually recognizable change
in elevation. There is curb and gutter along both streets. Landscaping
consists of mature canopy trees, low foundation and accent plantings
around the house and open grassy area.
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.
DONA L. COX
Agenda Item 11
Page 2
0
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.
While the play area in the front yard is well maintained, Staff finds that additional measures to ensure the
safety of the children are required. Specifically, Staff has included a condition requiring the applicant to
provide fencing to fully enclose the play area. Any fencing erected at this site must meet the fencing
requirements as outlined in Section 201 of the City Zoning Ordinance. Staff recommends that the
applicant installs a two to four foot high, white, maintenance free fence similar in style to that bordering
the southern lot line. To erect fencing without landscaping, Section 201 of the City Zoning Ordinance
requires that the fence be located no closer than ten feet to the right-of-way. As the existing play area is
located within ten feet of the right-of-way, Staff has included Condition 4 allowing the fence to be located
four feet from the right-of-way.
As noted in the Summary section of the report, there is an in -ground pool located in the back yard. The
pool must meet 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 must also meet 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. It appears as though the applicant meets these requirements by
having the pool area completely fenced off, as well as by locating the play area in a separate part of the
lot. Staff has included Condition 5 to reinforce that these requirements be met.
Based on the review 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.
4
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, 7:00 a.m. to 6:00 p.m.
3. No more than one (1) person, other than the applicant, shall be employed by the home daycare.
4. The applicant shall install an iron rod type fence between two to four feet in height. This fence shall be
no closer than four feet from the right-of-way as shown on the included plan titled "Fencing Plan" and
dated 04/29/2013.
5. All barrier requirements established by the Virginia Administrative Code and Virginia Department of
DONA L. COX
Agenda Item 11
Page 3
Social Services pertaining to the pool, outdoor play area, and driveway shall be met.
6. The applicant shall stagger the arrival and departure times for the children such that vehicular
congestion is avoided.
7. To ensure vision at the intersection of Cronin Road and Cummings Road, vehicles waiting to drop-off
or pick-up children shall not wait on Cronin Road along the curb adjacent to the subject property.
8. 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.
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.
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.
DONA L. COX
Agenda Item 11
Page 4
AERIALS OF SITE LOCATION
DONA L. COX
Agenda Item 11
Page 5
SITE PHOTOS
DONA L. COX
Agenda Item 11
Page 6
THIS IB TO CERTIFY THAT I. ON ,_/(�L y _1 /7%Q SURVEYED
THE PROPERTY SHOWN ON THIS PLAT. AND THAT THE TITLE LINES AND THE WALLS OF THE
BUILDINGS ARE SHOWN ON THIS PLAT.
THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO
ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY. EXCEPT AS SHOWN.
SIGNED �s-.„... 4
S 5 /=Q)
4
GoT , ��,�. G Som -(27/ /a,c/o.� ��e�,s�syovo
SUBMITTED SITE PLAN
r +I .R r-
r�/4
DONA L. COX
Agenda Item 11
Page 7
Area
(to be fenced`as 11
iii
conditioned wi
Use Permit) .
FENCING PLAN
04/29/2013
FENCING PLAN
DONA L. COX
Agenda Item 11
Page 8
LYNNHAVEN
Map F-6
Ma. Not to Scale
Dona L. Cox
.5
0
' Zoning with Conditions Proffers. Open
Space Promotion or PDH -2 Overlays
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CUP for In -Home Child Care
ZONING HISTORY
There have been no additional zoning applications submitted in this area.
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DONA L. COX
Agenda Item 11
Page 9
Applicant Disclosure
11 the applicant is a corporation, partnership, firm, business, or other unincorporated organization,
Cm)
complete the following:
1. List the applicant name followed by the names of all officers, members, trustees, partners. etc.
►�+,, below: (Attach list if necessary)
a T r a Cz
P-,4 '-(S 5 &Lm m t r t2 - Vet , 86 1. t1'c.L. 23 ti,c'
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.
;14
i —
.44
Property Owner Disclosure
Complete this section only if property owner is different from applicant.
Car) If the property owner is a corporation, partnership, firm, business, or other unincorporated organize -
tion, 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)
Saver CES rii0a(leavy1
2. List all businesses that have a parent -subsidiary' or affiliated business entity? relationship with
the applicant: (Attach list if necessary)
❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other
unincorporated organization.
8' See next page for footnotes
J
DISCLOSURE STATEMENT
DONA L. COX
Agenda Item 11
Page 10
Additional Disclosures
List all known contractors or businesses that have or wiU provide services with respect to the
requested property use, including but not limited to the providers of architectural services, real
estate services, financial services, accounting services, and legal services: (Attach list if
necessary)
v
"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 § 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
Govemment Conflict of Interests Act, Va. Code § 22-3101.
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.
OUv1i 1. - CSL r )Ory-- L- el)X
Print Name
Applicant's Signature
Property Owner's Signature (if different than applicant) Print Name
DISCLOSURE STATEMENT
DONA L. COX
Agenda Item 11
Page 11
heo's Plaza LL
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: THEO'S PLAZA (Applicant & Owner), Conditional Use Permit for Motor
Vehicle Sales, Service, and Bulk Storage. 5045 Virginia Beach Blvd (GPIN
1467954249). BAYSIDE DISTRICT.
MEETING DATE: May 28, 2013
• Background:
The applicant requests a Conditional Use Permit for motor vehicle sales, service,
and bulk storage. The eastern area of the site, adjacent to Dorset Avenue, was
approved for motor vehicle sales on June 14, 1994. The 1994 plan depicts 32
parking spaces to be used for motor vehicle display and sales. The applicant
wishes to expand his sales operation and increase the number of vehicles
allowed for display and sale. The request also includes bulk storage of vehicles
on the site. These will be vehicles the applicant has obtained for sale or as trade-
ins and are awaiting further disposition. An existing automotive repair facility is
located along the southern portion of the site, adjacent to Euclid Road. This
facility is also included with this request.
• Considerations:
The applicant proposes to increase the vehicle display and sales area from 32
parking spaces to 108 parking spaces. The submitted site plan depicts changes
to the site by rearranging the location of the existing parking space layout,
closing access points, and adding and removing landscaping and parking lot
islands. There will be no changes to the use of the buildings on the site.
This section of Virginia Beach Boulevard is highly commercialized with
automotive sales, service, and repair. The Pembroke Strategic Growth Area Plan
designates this area as the Central Village Distract. The vision and goal for this
area is for eclectic, mid to low-rise commercial and urban -residential
developments of mixed use commercial buildings, gathering places and open
spaces with a focus on social and economic activity. New development should be
human -scale, less auto -centric, within walkable urban areas. While this proposed
expansion of automotive sales and service on this site is not consistent with the
vision for the Central Village District, Staff and the Planning Commission
concluded it is acceptable as an interim use until such time that the town center
and surrounding SGA area begins to redevelop and mature. Condition 3 is
recommended with this Use Permit to ensure that when the surrounding area
begins to redevelop consistent with the Man, the Use Permit is no longer valid,
which should encourage the property owner to redevelop this site as well.
Theo's Plaza, LLC
Page 2 of 3
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 10-0, to recommend approval of this request to the
City Council with the following conditions:
1. Vehicles shall be parked within the designated parking spaces areas, and no
vehicles shall be parked within any portion of the public right-of-way. Vehicles
shall not be displayed on raised platform. Vehicles shall not be displayed or
parked within any landscape area on the site. Vehicles shall not be displayed
with the hood of the vehicle open.
2. There shall be no electronic display signs, pennants, streamers, balloons,
portable signs, strings of lights, or banners displayed on the site or the
vehicles.
3. This Conditional Use Permit is granted for a period of five (5) years from the
date of City Council approval; however, the Use Permit may be extended on
an annual basis if the Zoning Administrator and Director of Planning find that
the then -current development trend in the area of the Pembroke Strategic
Growth Area (SGA) immediately surrounding the site is not indicative of
imminent redevelopment consistent with the recommendations of the
Pembroke Strategic Growth Area (SGA) 4 Implementation Plan.
4. No outdoor speakers or public address system shall be permitted.
5. All automotive repair work shall be conducted within the building. No outside
storage of parts, equipment, or equipment other than in a designated
screened area at the southeastern portion of the site. No outside storage of
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.
6. The site shall be redeveloped and parking areas shall be re -striped in
accordance with the submitted "MODIFED CONDITIONAL USE SITE PLAN
OF PARCEL 1 FOR THEO KOULOUKIS", dated 9/912, and prepared by
John E Sirine and Associates LTD. Modifications to the submitted plan shall
include -
a. There shall be no more than 95 vehicles for sale on the site and all
such vehicles shall be parked in the designated spaces.
b. The first parking space by the westernmost entrance shall be removed
in order to meet the 30 foot throat length required by the City's Public
Works Specifications and Standards.
Theo's Plaza, LLC
Page 3 of 3
c. Since there are three existing entrances fronting the shopping center,
Traffic Engineering recommends removing the center entrance since it
is only about 50 feet from the adjacent entrance. This will eliminate
undue conflict points for drivers.
d There shall be no parking and/or display of vehicles for sale on the
western and northern sides of the one-story block building used for
vehicle repair. Said area shall not be marked as parking spaces.
Said Plan has been exhibited to the Virginia Beach 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. Plannin Commission
i\),recommends approval.
Submitting Department/Agency: Planning Department
1'—
City Manager:
UL
BAYSIDE
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Theo's Plaza, LLC
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CUP for Motor Vehicle Sales, Service 8 Bulk Storage
REQUEST:
Conditional Use Permit (Motor Vehicle Sales, Service, and Bulk Storage)
ADDRESS / DESCRIPTION: 5045 Virginia Beach Boulevard
GPIN: ELECTION DISTRICT: SITE SIZE:
14679542490000 BAYSIDE 2.47 acres
9
April 10, 2013 Public Hearing
APPLICANT AND PROPERTY
OWNER:
THEO'S PLAZA,
LLC
STAFF PLANNER: Faith Christie
AICUZ:
Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests a Conditional Use Permit use of the site for motor vehicle sales, service, and bulk
storage. The eastern area of the site, adjacent to Dorset Avenue, was approved for motor vehicle sales
on June 14, 1994. The 1994 approved plan for the request depicts 32 parking spaces to be used for
motor vehicle display and sales. The applicant wishes to expand his sales operation and increase the
number of vehicles allowed for display and sale. The application also includes a request for bulk storage
of vehicles on the site. These would be vehicles the applicant has obtained for sale or as trade-ins and
are awaiting further disposition. An automotive repair facility exists along the southern portion of the site,
adjacent to Euclid Road. The applicant also includes this facility in the request.
The submitted site plan depicts a site of triangular shape bordered by Virginia Beach Boulevard, Euclid
Road, Brian Avenue, and Dorset Avenue. There are five accesses along Virginia Beach Boulevard to the
site, one access from Dorset Avenue, and several along Euclid Road. The plan depicts the closure of two
accesses from Virginia Beach Boulevard.
The submitted site plan also depicts three buildings on the site, a 16,724 square foot retail strip center,
the existing 1,160 square foot motor vehicles sales building, and a 6,800 square foot block building that
contains motor vehicle repair. There will be no changes to the use of the buildings on the site.
THEO'S PLAZA, LLC
Agenda Item 9
Page 1
The applicant proposes to increase the vehicle display and sales area from 32 parking spaces to 108
parking spaces. The submitted site plan depicts changes to the site by reworking the existing parking
space layout, closure of access points, addition and removal of landscaping and parking lot islands.
4
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: The site is occupied by a 16,724 square foot retail strip shopping center, an 1,160
square foot motor vehicle sales office, and a 6,800 square foot motor vehicle repair establishment. Most of the
site is impervious, covered with buildngs and parking areas.
SURROUNDING LAND North: • Virginia Beach Boulevard
USE AND ZONING: • Across Virginia Beach Boulevard are motor vehicle sales and
service / B-2 Community Business
South: • Euclid Road
• Across Euclid Road are motor vehicle and small service type
uses / 1-1 Light industrial
East: • Dorset Avenue and an Office Building / B-2 Community
Business
West: • Motor vehicle sales and service / B-2 Community Business
NATURAL RESOURCE AND
CULTURAL FEATURES:
COMPREHENSIVE PLAN: Pembroke Strategic Growth Area (SGA) 4 / Central Village District
The Pembroke Strategic Growth Area (SGA) is a 1,200 -acre tract of land generally bound by Thalia
Creek to the east, Jeanne and Broad Streets to the north, Clearfield and Baxter Roads to the south.
For the most part, this SGA currently reflects a classic suburban pattern of development. It includes some
residential and institutional uses, but is dominated by commercial and industrial uses. An exception
is Town Center. This vibrant, mixed-use urban center has established itself as a special destination within
Virginia Beach and the larger metropolitan area. It is a well-designed urban center with a complement of office,
retail, residential, educational, entertainment, cultural, restaurant, open spaces, and other uses. This SGA is
served by Interstate 264 and two major arterial roadways, Virginia Beach Boulevard and Independence
Boulevard. An unused rail line right-of-way passes through this area extending from the Norfolk city line to the
vicinity of the Oceanfront Resort Area.
The vision for the Pembroke SGA 4 Implementation Plan is a central urban core with a vertical mix of urban
uses, great streets, mobility and transit alternatives, urban gathering places, environmental and neighborhood
preservation and enhancement, green buildings, and infrastructure opportunities providing a variety of civic,
commercial, artistic, and ethnically diverse areas.
The Pembroke SGA 4 Implementation Plan describes and provides planning policies for six subareas, as
shown on the Urban Master Plan / Districts Map. These include the Central Business District's Core Area,
Bonney Area and Waterfront Area. It also encompasses the Central Village District, Western Campus District
and Southern Corporate District. This framework concentrates a high density mix of complementary urban
THEO'S PLAZA, LLC
Agenda Item 9
Page 2
uses within a defined central area, creates a skyline for Virginia Beach and provides for decreasing land use
densities from the core. This site is located within the Central Village District.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach
Boulevard in front of this application is an eight -lane divided major urban arterial. The Master Transportation
Plan (MTP) proposes an eight -lane facility within a 155 foot right-of-way. Currently, this segment of roadway is
functioning under capacity at a Level Of Service D.
Dorset Avenue to the rear of this application is a four -lane undivided collector street. The MTP proposes a
four -lane facility within an 80 foot right-of-way. Currently, this segment of roadway is functioning under capacity
at a LOS C or better.
No roadway Capital Improvement Program projects are slated for this area which directly impacts this parcel.
There are five existing entrances on Virginia Beach Boulevard. The applicant proposes to remove two of these
entrances and keep the existing entrances on Dorset Avenue and Euclid Road.
Public Works / Traffic Engineering:
• The first parking space by the western most entrance needs to be removed in order to meet the 30
foot throat length required by the City's Public Works Specifications and Standards.
• Since there are 3 existing entrances fronting the shopping center, Traffic Engineering recommends
removing the center entrance since it is only about 50 feet from the adjacent entrance. This will
eliminate undue conflict points for drivers.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Virginia Beach
Boulevard
38,452 ADT 1
56,240 ADT 1
Existing Land Use— 1 006
ADT
Proposed Land Use 3- No
change
'Average Daily Trips
2 as defined by 741 ADT — retail center and 265 ADT motor Vehicle sales and service
3 the request is for revisions to the parking layout therefore there should not be a change to the number of employees and customers
WATER and SEWER:
This site is connected to City water and sewer.
FIRE:
• Fire lanes may be required after occupancy of the site.
THEO'S PLAZA, ,LC
Agenda Item 9
Page 3
• Storage of vehicles awaiting sale must not obstruct Fire Department access to the site.
• Vehicles must not be used as barriers to prevent ingress and egress of the site.
• Security for ingress and egress must be approved by the Fire Marshall to insure that Fire Department
access is not obstructed. Gated sites must provide for Fire Department access using the Knox or
Supra key system. Electrically operated gates must have a failsafe operation in the event of a power
failure. Storage of hazardous, flammable or combustible materials on site must be within the scope of
the Virginia Statewide Fire Prevention Code and NFPA.
• A Certificate of Occupancy is required before occupying the building. Fire code permits may be
required at the time of occupancy. The applicant should contact the Fire Department for further
information.
EVALUATION AND RECOMMENDATION
Staff recommends approval of this request with the conditions below. This section of Virginia Beach
Boulevard is highly commercialized with automotive sales, service, and repair. The Comprehensive Plan
depicts this area as the Central Village Distract. The vision and goal for this area is for eclectic, mid to
low-rise commercial and urban -residential developments of mixed use commercial buildings, gathering
places and open spaces with a focus on social and economic activity. New development should be
human -scale, less auto -centric, within walkable urban areas. While this proposed expansion of
automotive sales and service on this site does not fit within the vision for the Central Village District, it is
acceptable as an interim use until such time that the town center and surrounding SGA area begins to
redevelop and mature.
CONDITIONS
1. Vehicles shall be parked within the designated parking spaces areas, and no vehicles shall be
parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised
platform. Vehicles shall not be displayed or parked within any landscape area on the site.
Vehicles shall not be displayed with the hood of the vehicle open.
2. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings
of lights, or banners displayed on the site or the vehicles.
3. This Conditional Use Permit is granted for a period of five (5) years from the date of City Council
approval; however, the Use Permit may be extended on an annual basis if the Zoning
Administrator and Director of Planning find that the then -current development trend in the area of
the Pembroke Strategic Growth Area (SGA) immediately surrounding the site is not indicative of
imminent redevelopment consistent with the recommendations of the Pembroke Strategic Growth
Area (SGA) 4 Implementation Plan.
4. No outdoor speakers or public address system shall be permitted.
THEO'S PLAZA, :LLC
Agenda Item 9
Page 4
5. All automotive repair work shall be conducted within the building. No outside storage of parts,
equipment, or equipment other than in a designated screened area at the southeastern portion of
the site. No outside storage of 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.
6. The site shall be redeveloped and parking areas shall be re -striped in accordance with the
submitted "MODIFED CONDITIONAL USE SITE PLAN OF PARCEL 1 FOR THEO
KOULOUKIS", dated 9/912, and prepared by John E Sirine and Associates LTD. Modifications to
the submitted plan shall include -
a. There shall be no more than 95 vehicles for sale on the site and all such vehicles shall be
parked in the designated spaces.
b. The first parking space by the westernmost entrance shall be removed in order to meet
the 30 foot throat length required by the City's Public Works Specifications and
Standards.
c. Since there are three existing entrances fronting the shopping center, Traffic Engineering
recommends removing the center entrance since it is only about 50 feet from the
adjacent entrance. This will eliminate undue conflict points for drivers.
d. There shall be no parking and/or display of vehicles for sale on the western and northern
sides of the one-story block building used for vehicle repair. Said area shall not be
marked as parking spaces.
Said Plan has been exhibited to the Virginia Beach City Council and is on file in the 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.
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.
THEO'S PLAZA, LLC
Agenda Item 9
Page 5
AERIAL OF SITE LOCATION
THEO'S PLAZA, LLC
Agenda Item 9
Page 6
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PROPOSED SITE PLAN
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THEO'S PLAZA, LLC
Agenda Item 9
Page 7
I Lill 1,11
BAYSI DE
Map D-7
Map Not to Scale
Theo's Plaza, LLC
'Zoning with Conditions.Prolters, Open
Space Promotion or PDH•2 Overlays
CUP for Motor Vehicle Sales, Service & Bulk Storage
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
11/26/02
Street Closure
Approved
9/28/99
Conditional Use Permit (Motor Vehicle Sales and
Approved
6/14/94
Service)
Approved
4/16/92
Conditional Use Permit (Motor Vehicle Sales)
Approved
9/18/89
Conditional Use Permit (Motor Vehicle Repair)
Approved
12/12/83
Conditional Use Permit (Motor Vehicle Sales)
Approved
10/13/80
Conditional Use Permit (Motor Vehicle Repair —
Approved
9/13/65
Paint Shop)
Approved
8/10/64
Conditional Use Permit (Carwash)
Approved
Street Closure
Conditional Use Permit (Motor Vehicle Sales)
2
6/9/92
Conditional Use Permit (Motor Vehicle Sales)
Approved
3
Not available
Street Closure
Withdrawn
6/23/09
Street Closure
Approved
12/2/08
Conditional Use Permit (Motor Vehicle Sales and
Approved
5/23/06
Service)
Approved
THEO'S PLAZA, LLC
Agenda Item 9
Page 8
THEO'S PLAZA, LLC
Agenda Item 9
Page 9
Street Closure
4
7/13/12
2/1/00
Conditional Use Permit (Motor Vehicle Sales)
Conditional Use Permit (Motor Vehicle Repair)
Approved
Approved
THEO'S PLAZA, LLC
Agenda Item 9
Page 9
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
/ partners, etc. below: (Attach list if necessary)
Theo's Plaza, LLC
Theo Kouloukis, Manager, Demetrious and Garefalia Kouloukis, Members
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
N/A
Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
CCheck 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 a loyee of�' City of Virginia Beach have an interest in the
subject land? Yes No lr _
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 7/3/2007
:Nnm•,,41
W
W
0
DISCLOSURE STATEMENT
THEO'S PLAZA, LLC
Agenda Item 9
Page 10
CONDITIONAL USE PERMIT APPLICATION
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
(Attach list if necessary)
/services:
/ Kaufman & Canoles p
John Sirine & Associates, Ltd. p
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.
T. ..
pplicant' Signature
By: Theo Kouloukis, its Manager
Print Name
Property Owner's Signature (if different than applicant) Print Name
Conditional Use Permit Application
Page 10 of 10
Revised 7/3/2007
DISCLOSURE STATEMENT
THEO'S PLAZA, LLC
Agenda Item 9
Page 11
Item 9
Theo's Plaza
Conditional Use Permit
5045 Virginia Beach Boulevard
District 4
Bayside
April 10, 2013
CONSENT
An application of Theo's Plaza for a Conditional Use Permit (Motor Vehicle Sales, Service,
and Bulk Storage) on property located at 5045 Virginia Beach Boulevard, District 4,
Bayside. GPIN: 14679542490000.
CONDITIONS
1. Vehicles shall be parked within the designated parking spaces areas, and no
vehicles shall be parked within any portion of the public right-of-way. Vehicles shall
not be displayed on raised platform. Vehicles shall not be displayed or parked within
any landscape area on the site. Vehicles shall not be displayed with the hood of the
vehicle open.
2. There shall be no electronic display signs, pennants, streamers, balloons, portable
signs, strings of lights, or banners displayed on the site or the vehicles.
3. This Conditional Use Permit is granted for a period of five (5) years from the date of
City Council approval; however, the Use Permit may be extended on an annual
basis if the Zoning Administrator and Director of Planning find that the then -current
development trend in the area of the Pembroke Strategic Growth Area (SGA)
immediately surrounding the site is not indicative of imminent redevelopment
consistent with the recommendations of the Pembroke Strategic Growth Area (SGA)
4 Implementation Plan.
4. No outdoor speakers or public address system shall be permitted.
5. All automotive repair work shall be conducted within the building. No outside storage
of parts, equipment, or equipment other than in a designated screened area at the
southeastern portion of the site. No outside storage of 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.
6. The site shall be redeveloped and parking areas shall be re -striped in accordance
with the submitted "MODIFED CONDITIONAL USE SITE PLAN OF PARCEL 1 FOR
THEO KOULOUKIS", dated 9/912, and prepared by John E Sirine and Associates
LTD. Modifications to the submitted plan shall include -
Item 9
Theo's Plaza
Page 2
a. There shall be no more than 95 vehicles for sale on the site and all such
vehicles shall be parked in the designated spaces.
b. The first parking space by the westernmost entrance shall be removed in
order to meet the 30 foot throat length required by the City's Public Works
Specifications and Standards.
c. Since there are three existing entrances fronting the shopping center,
Traffic Engineering recommends removing the center entrance since it is only
about 50 feet from the adjacent entrance. This will eliminate undue conflict points
for drivers.
d. There shall be no parking and/or display of vehicles for sale on the
western and northern sides of the one-story block building used for vehicle
repair. Said area shall not be marked as parking spaces.
Said Plan has been exhibited to the Virginia Beach City Council and is on file in
the Planning Department
AYE 10 NAY 0 ABS 0 ABSENT 1
BERNAS AYE
FELTON ABSENT
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
By a vote of 10-0, the Commission approved item 9 by consent.
Anne Crenshaw appeared before the Commission on behalf of the applicant.
C
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: VERDAD REAL ESTATE, INC. (Applicant) / SUSAN CHONG (Owner),
Conditional Use Permit for a gas station with convenience (fuel sales). 6084
Indian River Road (GPIN 1456437406). CENTERVILLE DISTRICT.
MEETING DATE: May 28, 2013
■ Background:
The applicant requests a Conditional Use Permit to allow fuel pumps in
conjunction with a convenience store. The site is zoned B-2 Community
Business, and has been used as a service station. The applicant's proposed site
and building design are part of a complete redevelopment of the site; therefore, a
Use Permit is required.
is Considerations:
Specifically, the applicant proposes to remove all existing structures on the site
and construct a one-story, 2,400 square foot convenience store (7 -Eleven), four
fuel pumps (serving up to eight vehicles at one time), and an 18 -foot high fueling
canopy. The site plan depicts 13 parking spaces, a brick dumpster enclosure, an
air and vacuum machine as well as the four ingress/egress points — two along
Providence and two along Indian River Road. These ingress/egress points reflect
the existing conditions of vehicular movement on the site. Two of the four access
points are proposed to be closed and are depicted as such on the plan. No
outdoor vending is depicted nor proposed.
The submitted architectural elevations depict a typical brick 7 -Eleven with
contemporary accents such as custom EFIS cornices on the front and side
facades and an aluminum canopy with exposed supports along the front facade.
The fueling canopy elevation depicts an 18 -foot tall structure with the 7 -Eleven
logo and striping, reflective of the franchise colors of red, orange, and green.
The proposed redevelopment of this site is consistent with the uses typically
found in major commercial centers as well as consistent with the Comprehensive
Plan's land use goals that address preservation and protection of neighborhood
stability. The applicant's proposal improves site aesthetics by replacing the aging
building and fuel canopy with more attractive, updated structures with high quality
exterior materials; updating the signage on the site; providing additional plant
material throughout the site, reflective of current requirements; retaining much of
the existing treed buffer and streetscape plant materials; and updating site
lighting to prevent light bleed and glare onto adjacent properties and the rights-
of-way.
Verdad Real Estate, Inc.
Page 2 of 3
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 10-0, to recommend approval of this request to the
City Council with the following conditions:
1. The site shall be developed in substantial conformance with the submitted
site plan titled "CUP SITE PLAN, 7 -Eleven", dated 1/31/2013, and prepared
by HFA Architects, Engineers, Interiors, including the closure of two of the
four ingress/egress points as shown on said plan and the installation of a right
turn lane on Providence Road. Said plan has been exhibited to the City
Council and is on file in the City of Virginia Beach Planning Department.
2. The building and canopy shall be constructed in substantial conformance with
the elevations depicted on the plan titled, "REVIEW BOARD EXTERIOR
ELEVATIONS, 7 -Eleven," dated 01/31/13, prepared by HFA Architects,
Engineers, Interiors. In addition, the fueling canopy columns shall be
wrapped in brick. Said elevations have been exhibited to the City Council and
are on file in the City of Virginia Beach Planning Department.
3. When the site is developed, the plant material installed shall, at a minimum,
be in substantial conformance with the submitted landscape plan titled
"LANDSCAPE PLAN, 7 -Eleven," dated 1/31/2013, and prepared by HFA
Architects, Engineers, Interiors, with the addition of extending the streetscape
plantings along Indian River Road and Providence Road where the two of the
four ingress/egress points shall be closed. Said plan has been exhibited to
the City Council and is on file in the City of Virginia Beach Planning
Department.
4. The dumpster shall be enclosed with a solid brick wall to match the building
and any screening shall be installed in accordance with Section 245(e) of the
Zoning Ordinance. The air and vacuum machine shall be screened with a
maintenance free, all-weather fence.
5. Signage for the site shall be limited to:
a. Directional signs;
b. One monument style freestanding sign, no more than eight (8) feet in
height, set on a brick base to match the building brick and two building
and / or canopy signs;
c. Striping on the canopy shall be limited to 10 feet on each side of the
canopy or one-quarter of the length of each side. Signage on the
canopy shall not be internally or externally illuminated.
Verdad Real Estate, Inc.
Page3of3
d. There shall be no other signs, neon signs or neon accents installed on
any wall area of the building, on the windows and / or doors, canopy,
light poles, or any other portion of the site.
6. No outdoor vending machines and / or display of merchandise shall be
allowed.
7. Pedestrian walkway(s) to the convenience store shall be provided from any
required sidewalks in the public rights of way in accordance with Section
246(d) of the Zoning Ordinance and shall be depicted on the final site plan.
8. Bicycle racks shall be provided near the entrance of the store and shall be
depicted on the final site plan.
9. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during
detailed site plan review. Said plan shall include the location of all pole -
mounted and building -mounted lighting fixtures, and the listing of Tamp type,
wattage, and type of fixture. Lighting shall overlap and be uniform throughout
the parking area. All lighting on the site shall be consistent with those
standards recommended by the Illumination Engineering Society of North
America. The plan shall include provisions for implementing low-level security
lighting for non -business hours.
• Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Plannin Commission
recommends approval.
Submitting Department/Agency: Planning Department
City Manager:
CENTERVILLE
nl�>,�s
, a
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Verdad Real Estate, Inc.
R7:E
•Zo.;n:with C*Nem .poll .
Spare Peorwifo. or P0.2 M.rbYe
REQUEST:
Conditional Use Permit (fuel sales)
�.a
CUP for Fuel Sales
ADDRESS / DESCRIPTION: 6084 Indian River Road
GPIN:
14564374060000
8
April 10, 2013 Public Hearing
APPLICANT:
VERDAD REAL
ESTATE, INC.
PROPERTY OWNER:
SUSAN CHONG
STAFF PLANNER: Carolyn A.K. Smith
ELECTION DISTRICT: SITE SIZE: AICUZ:
CENTERVILLE 31,590 square feet Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests a Conditional Use Permit to allow fuel pumps in conjunction with a convenience
store. Specifically, the applicant proposes to remove all existing structures on the site and construct a
one-story, 2,400 square foot convenience store (7 -Eleven), four fuel pumps (serving up to eight vehicles
at one time), and an 18 -foot high fueling canopy. In addition the site plan depicts 13 parking spaces, a
brick dumpster enclosure, an air and vacuum machine as well as the four ingress/egress points — two
along Providence and two along Indian River Road. These ingress/egress points reflect the existing
conditions of vehicular movement on the site. Two of the four access points are proposed to be closed
and are depicted as such on the plan. No outdoor vending is depicted nor proposed.
The submitted architectural elevations depict a typical brick 7 -Eleven with contemporary accents such as
custom EFIS cornices on the front and side facades and an aluminum canopy with exposed supports
along the front facade. The fueling canopy elevation depicts an 18 -foot tall structure with the 7 -Eleven
logo and striping, reflective of the franchise colors of red, orange, and green.
VERDAD REAL ESTATE .INC.
Agenda Item 8
Page 1
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: convenience store with fuel canopy
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
• Providence Road
• Office / B-2 Community Business District
• Indian River Road
• Church, office / B-2 Community Business District
• Retail, office / B-2 Community Business District
• Providence Road
• Auto sales / B-2 Community Business District
The site is located within the Chesapeake Bay watershed. As the site is
almost entirely impervious, there are no significant natural or cultural
resources on the site.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as a Major Commercial Center
within the Suburban Area. The policies for the Suburban Area provide guidance for the protection of the
character, economic value, and aesthetic quality of the City's stable neighborhoods while reinforcing the
suburban characteristics of commercial centers and other non-residential areas that make-up part of the
Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard
against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and
connect suburban mobility. It recommends that all new development or redevelopment, whether residential or
non-residential, either maintain or enhance the overall appearance and quality of the area. This is
accomplished by requiring projects — both new development and redevelopment — to be compatible with the
surroundings, provide high quality and attractive of sites and buildings, improve mobility for vehicles and
pedestrians, increase environmental responsibility, promote livability, establish or maintain buffering where
necessary with respect to type, size, intensity, and relationship to the surrounding uses.
LAND USE AND COMPREHENSIVE PLAN
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP):
Indian River Road in the vicinity of this application is considered a six -lane divided major urban arterial. The
MTP proposes a six -lane facility within a 150 foot right-of-way.
Providence Road in the vicinity of this application is considered a four -lane divided minor urban arterial. The
MTP proposes a four -lane facility within a 125 foot right-of-way.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Indian River Road
40,645 ADT 1
26,300 ADT 1(Level of
Service "C") - 48,200
ADT 1 (Level of Service
"E„)
VERDAD REAL :ESTATE, INC.
Agenda Item 8
Page 2
WATER: This site is already connected to City water. There is an existing 12 -inch City water main along
Indian River Road and an existing 20 -inch City water main crossing through the property within a 35 foot wide
easement. The existing one -inch meter may be used or upgraded to accommodate the project.
SEWER: This site is already connected to City sanitary sewer. Analysis of Pump Station #428 and the sanitary
sewer collection system is required to ensure future flows can be accommodated. There are two 8 -inch City
sanitary sewer gravity lines and an existing 10 -inch City sanitary sewer force main along Indian River Road.
There is an existing 36 -inch HRSD force main along Providence Road. There is an existing 14 -inch City
sanitary sewer force main crossing through the property within a 35 foot wide easement.
EVALUATION AND RECOMMENDATION
Per the City of Virginia Beach Public Works Specifications and Standards, for corner sites, curb cuts are
limited to one along each right-of-way. Based on this standard, the applicant's layout eliminates two of the
existing four ingress/egress points: one on Indian River Road and one on Providence Road. Specifically,
due to safety concerns, the western entrances on Providence Road and Indian River Road are proposed
to be closed. Also, per Section 3.10.3 of the City of Virginia Beach Public Works Specifications and
Standards, a right turn lane is required leading to each entrance on a corner site. This requirement is
substantiated by the fact that both Indian River Road and Providence Road are arterial roadways on the
Master Transportation Plan, and the proposed development generates at least 35 right turning vehicles
during the peak hour into each entrance. However, the entrance on Indian River Road is already within
an existing through/right turn lane; therefore, a right turn lane is required only on Providence Road. While
not shown on the submitted plan, Staff recommends a condition to require this turn lane and Traffic
Engineering has agreed to work with the applicant's engineer to develop suitable turn lane dimensions for
the site. Through the final site plan review process, the remaining entrances, and all other site design
elements, will be required to comply with all City design standards.
The proposed redevelopment of this site is consistent with the uses typically found in major commercial
centers as well as consistent with the Comprehensive Plan's land use goals that address preservation
and protection of neighborhood stability. The applicant's proposal improves site aesthetics by replacing
the aging building and fuel canopy with more attractive, updated structures with high quality exterior
materials; updating the signage on the site; providing additional plant material throughout the site,
reflective of current requirements; retaining much of the existing treed buffer and streetscape plant
materials; and updating site lighting to prevent light bleed and glare onto adjacent properties and the
rights-of-way. Staff recommends approval of this request with the conditions below.
VERDAD REAL ESTATE, INC.
Agenda Item 8
Page 3
Providence Road
20,828 ADT 1
14,800 ADT 1(Level of
Existing Land Use 2—
Service "C") - 27,400
1,302 ADT
ADT 1 (Level of Service
Proposed Land Use 3 -
,,E")
4,341 ADT
'Average Daily Trips
2 as defined by fuel sales with small convenience store
3 as defined by convenience store with fuel sales
WATER: This site is already connected to City water. There is an existing 12 -inch City water main along
Indian River Road and an existing 20 -inch City water main crossing through the property within a 35 foot wide
easement. The existing one -inch meter may be used or upgraded to accommodate the project.
SEWER: This site is already connected to City sanitary sewer. Analysis of Pump Station #428 and the sanitary
sewer collection system is required to ensure future flows can be accommodated. There are two 8 -inch City
sanitary sewer gravity lines and an existing 10 -inch City sanitary sewer force main along Indian River Road.
There is an existing 36 -inch HRSD force main along Providence Road. There is an existing 14 -inch City
sanitary sewer force main crossing through the property within a 35 foot wide easement.
EVALUATION AND RECOMMENDATION
Per the City of Virginia Beach Public Works Specifications and Standards, for corner sites, curb cuts are
limited to one along each right-of-way. Based on this standard, the applicant's layout eliminates two of the
existing four ingress/egress points: one on Indian River Road and one on Providence Road. Specifically,
due to safety concerns, the western entrances on Providence Road and Indian River Road are proposed
to be closed. Also, per Section 3.10.3 of the City of Virginia Beach Public Works Specifications and
Standards, a right turn lane is required leading to each entrance on a corner site. This requirement is
substantiated by the fact that both Indian River Road and Providence Road are arterial roadways on the
Master Transportation Plan, and the proposed development generates at least 35 right turning vehicles
during the peak hour into each entrance. However, the entrance on Indian River Road is already within
an existing through/right turn lane; therefore, a right turn lane is required only on Providence Road. While
not shown on the submitted plan, Staff recommends a condition to require this turn lane and Traffic
Engineering has agreed to work with the applicant's engineer to develop suitable turn lane dimensions for
the site. Through the final site plan review process, the remaining entrances, and all other site design
elements, will be required to comply with all City design standards.
The proposed redevelopment of this site is consistent with the uses typically found in major commercial
centers as well as consistent with the Comprehensive Plan's land use goals that address preservation
and protection of neighborhood stability. The applicant's proposal improves site aesthetics by replacing
the aging building and fuel canopy with more attractive, updated structures with high quality exterior
materials; updating the signage on the site; providing additional plant material throughout the site,
reflective of current requirements; retaining much of the existing treed buffer and streetscape plant
materials; and updating site lighting to prevent light bleed and glare onto adjacent properties and the
rights-of-way. Staff recommends approval of this request with the conditions below.
VERDAD REAL ESTATE, INC.
Agenda Item 8
Page 3
CONDITIONS
1. The site shall be developed in substantial conformance with the submitted site plan titled "CUP SITE
PLAN, 7 -Eleven", dated 1/31/2013, and prepared by HFA Architects, Engineers, Interiors, including the
closure of two of the four ingress/egress points as shown on said plan and the installation of a right
turn lane on Providence Road. Said plan has been exhibited to the City Council and is on file in the
City of Virginia Beach Planning Department.
2. The building and canopy shall be constructed in substantial conformance with the elevations depicted
on the plan titled, "REVIEW BOARD EXTERIOR ELEVATIONS, 7 -Eleven," dated 01/31/13, prepared
by HFA Architects, Engineers, Interiors. In addition, the fueling canopy columns shall be wrapped in
brick. Said elevations have been exhibited to the City Council and are on file in the City of Virginia
Beach Planning Department.
3. When the site is developed, the plant material installed shall, at a minimum, be in substantial
conformance with the submitted landscape plan titled "LANDSCAPE PLAN, 7 -Eleven," dated
1/31/2013, and prepared by HFA Architects, Engineers, Interiors, with the addition of extending the
streetscape plantings along Indian River Road and Providence Road where the two of the four
ingress/egress points shall be closed. Said plan has been exhibited to the City Council and is on file in
the City of Virginia Beach Planning Department.
4. The dumpster shall be enclosed with a solid brick wall to match the building and any screening shall
be installed in accordance with Section 245(e) of the Zoning Ordinance. The air and vacuum machine
shall be screened with a maintenance free, all-weather fence.
5. Signage for the site shall be limited to:
a. Directional signs;
b. One monument style freestanding sign, no more than eight (8) feet in height, set on a brick
base to match the building brick and two building and / or canopy signs;
c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of
the length of each side. Signage on the canopy shall not be internally or externally illuminated.
d. There shall be no other signs, neon signs or neon accents installed on any wall area of the
building, on the windows and / or doors, canopy, light poles, or any other portion of the site.
6. No outdoor vending machines and / or display of merchandise shall be allowed.
7. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the
public rights of way in accordance with Section 246(d) of the Zoning Ordinance and shall be depicted
on the final site plan.
8. Bicycle racks shall be provided near the entrance of the store and shall be depicted on the final site
plan.
9. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review.
Said plan shall include the location of all pole -mounted and building -mounted lighting fixtures, and the
VERDAD REAL ESTATE, INC.
Agenda Item 8
Page 4
listing of Tamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the
parking area. All lighting on the site shall be consistent with those standards recommended by the
Illumination Engineering Society of North America. The plan shall include provisions for implementing
low-level security lighting for non -business hours.
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.
VERDAD REAL ESTATE, INC
Agenda It* 8
Page 5
AERIAL OF SITE LOCATION
VERDAD REAL ESTATE, INC.
Agenda Item 8
Page 6
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VERDAD REAL ESTATE, INC.
Agenda Item 8
Page 8
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VERDAD REAL ESTATE, INC.
Agenda Item 8
Page 9
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VERDAD REAL ESTATE, INC.
Agenda Item 8
Page 10
CE NT ERV IL LE
Map B-4
Map Nof to Scale
Verdad Real Estate Inc
with Conditions Proffers. Open
Space Promotion or PDH -2 Overlays
CUP for Fuel Sales
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
01/11/11
CUP (assembly use)
Granted
2
12/01/00
REZ (0-2 to Conditional B-2)
Granted
3
12/13/07
CUP (religious use)
Granted
4
00C23K03
CUP (religious use)
Granted
5
84/08/03
07/02/02
MOD
REZ (R -5D to Conditinna|B'1)
Granted
Granted
6
01/08/02
Street Closure
Granted
7
81/10/00
CUP (religious use)
Granted
8
08/11/98
CUP (automotive repair)
Granted
9
09/27/03
CUP (auto sales)
Granted
{il
VERDAD S
�D�@|' Item -
Agenda _ ° ,
Page 11
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Jason Keen
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)
2. List all businesses that have a parent -subsidiary or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
aCheck 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 epgJoyee of jh�, City of Virginia Beach have an interest in the
subject land? Yes u No u✓
If yes, what is the name of the official or employee and the nature of their interest?
Conditional Use Permit Application
Page 9 0110
Revised 7/3/2007
DISCLOSURE STATEMENT
VERDAD REAL ESTATE, INC.
Agenda Item 8
Page 1.2
CONDITIONAL USE PERMIT APPLICATION
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)
Real Estate Services - Verdad Real Estate
Architectural and Engineering Services - Harrison French & Associates Architects a
Legal Services - Stephen R. Romine Attorney at Law LECLAIRRYAN p
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 dose 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 for ue processi and a sting this application.
Ver d Real Estate Inc.:: ^. ,'/.L L)4 ( pM1'' -I, 1-'11,
a "LF s- Ann /1 . 7J� Ol+t. (*IR_
icant's ignature l Q Print tame
0.4
Property Owner's Signatur
Susan Chong
different than applicant) Pnnt Name
Conditional Use Permit Application
Page 10 of 10
DISCLOSURE STATEMENT
VERDAD REAL ESTATE, INC.
Agenda Item 8
Page 13
Item #8
Verdad Real Estate, Inc.
Conditional Use Permit
608 Indian River Road
District 1
Centerville
April 10, 2013
CONSENT
An application of Verdad Real Estate for a Conditional Use Permit (fuel sales) on property
located at 6084 Indian River Road, District 1, Centerville. GPIN: 14564374060000.
CONDITIONS
1. The site shall be developed in substantial conformance with the submitted site plan titled
"CUP SITE PLAN, 7 -Eleven", dated 1/31/2013, and prepared by HFA Architects,
Engineers, Interiors, including the closure of two of the four ingress/egress points as
shown on said plan and the installation of a right turn lane on Providence Road. Said
plan has been exhibited to the City Council and is on file in the City of Virginia Beach
Planning Department.
2. The building and canopy shall be constructed in substantial conformance with the
elevations depicted on the plan titled, "REVIEW BOARD EXTERIOR ELEVATIONS, 7 -
Eleven," dated 01/31/13, prepared by HFA Architects, Engineers, Interiors. In addition,
the fueling canopy columns shall be wrapped in brick. Said elevations have been
exhibited to the City Council and are on file in the City of Virginia Beach Planning
Department.
3. When the site is developed, the plant material installed shall, at a minimum, be in
substantial conformance with the submitted landscape plan titled "LANDSCAPE PLAN,
7 -Eleven," dated 1/31/2013, and prepared by HFA Architects, Engineers, Interiors, with
the addition of extending the streetscape plantings along Indian River Road and
Providence Road where the two of the four ingress/egress points shall be closed. Said
plan has been exhibited to the City Council and is on file in the City of Virginia Beach
Planning Department.
4. The dumpster shall be enclosed with a solid brick wall to match the building and any
screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance.
The air and vacuum machine shall be screened with a maintenance free, all-weather
fence.
5. Signage for the site shall be limited to:
a. Directional signs;
b. One monument style freestanding sign, no more than eight (8) foot in height,
Item #8
Verdad Real Estate, Inc
Page 2
set on a brick base to match the building brick and two building and / or canopy
signs;
c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or
one-quarter of the length of each side. Signage on the canopy shall not be
internally or externally illuminated.
d. There shall be no other signs, neon signs or neon accents installed on any
wall area of the building, on the windows and / or doors, canopy, light poles, or
any other portion of the site.
6. No outdoor vending machines and / or display of merchandise shall be allowed.
7. Pedestrian walkway(s) to the convenience store shall be provided from any required
sidewalks in the public rights of way in accordance with Section 246(d) of the Zoning
Ordinance and shall be depicted on the final site plan.
8. Bicycle racks shall be provided near the entrance of the store and shall be depicted on
the final site plan.
9. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site
plan review. Said plan shall include the location of all pole -mounted and building -
mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture.
Lighting shall overlap and be uniform throughout the parking area. All lighting on the site
shall be consistent with those standards recommended by the Illumination Engineering
Society of North America. The plan shall include provisions for implementing low-level
security lighting for non -business hours.
NOTE: Further conditions may be required during the administration of applicable
City Ordinances and Standards. Any site plan submitted with this application may
require revision during detailed site plan review to meet all applicable City Codes and
Standards. All applicable permits required by the City Code, including those
administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a
Certificate of Occupancy, are required before any uses allowed by this Use Permit are
valid.
The applicant is encouraged to contact and work with the Crime Prevention Office
within the Police Department for crime prevention techniques and Crime Prevention
Through Environmental Design (CPTED) concepts and strategies as they pertain to
this site.
AYE 10 NAY 0 ABS 0 ABSENT 1
BERNAS AYE
FELTON ABSENT
HENLEY AYE
i
C
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: ARMADA HOFFLER DEVELOPMENT COMPANY, L.L.C. / DAVID B. HILL,
LUKE H. HILL, AND SUSIE WOOD HILL, Conditional Change of Zoning, AG -2
Agricultural and B-2 Community Business to B-2 Community Business, 2101
Princess Anne Road (GPIN 2414128860). PRINCESS ANNE DISTRICT.
MEETING DATE: May 28, 2013
• Background:
The applicant requests a Change of Zoning from AG -1 and AG -2 Agricultural and
B-2 Community Business to Conditional B-2 Community Business for the
purpose of developing the site with a shopping center, consisting of a 53,365
square foot grocery store, an attached 10,000 square foot commercial strip
building, and a 7,200 square foot self -standing commercial. This site is located at
the southwest corner of the intersection of Princess Anne Road, Sandbridge
Road, and Upton Drive. It is the only corner of the intersection that remains
undeveloped. The total site area is 11.2 acres; 4.8 acres adjacent to the roadway
intersection is currently zoned B-2 Business. The existing B-2 zoning was
established with the adoption of the first zoning maps for Princess Anne County
when the County designated the four corners of many of the primary roadway
intersections as commercial.
• Considerations:
The requested Change of Zoning includes a Conditional Zoning Agreement that
proffers several items intended to address identified issues and ensure
compatibility with the surrounding land uses and consistency with the
recommendations of the Comprehensive Plan. Those proffers are listed below.
The attached staff report provides a summary of the proposal, information
regarding land use characteristics of the site and surrounding area, and the
availability of and potential impacts on City services.
The site is located in the Transition Area, as designated by the Comprehensive
Plan. The Comprehensive Plan provides land use guidance for the area, which is
intended to ensure consistency of new development in the area with the overall
policy for the Transition Area. The guidance has as its basis the concept that
land use in this part of the city is `transitional' in nature, with the higher intensity
land uses that still require some level of urban services (primarily infrastructure)
in the northern portion of the Transition Area and the lower intensity uses that
have very limited or no need for urban services in the southern portion. The
Comprehensive Plan also provides site and building design guidelines for the
Transition Area. The majority of that guidance is applicable to residential
Armada Hoffler Development Company, LLC
Page 2 of 4
development; however, there is also limited guidance for commercial
development as well.
The subject site is in the northern portion of the Transition Area, and is
completely surrounded by non-residential uses: an elementary school
(institutional use), a site designated for a City park (open space and recreation
use), a site zoned and proffered for a two-story medical facility (office use), and
two shopping centers and a convenience store with fuel pumps (commercial
retail uses). The fact that the subject site is already surrounded by non-
residential development, and a portion of the subject site is already zoned for
commercial development, makes clear interpretation of and strict adherence to
the Comprehensive Plan's policies and design guidelines a challenge.
By its nature, as well as by law, the Comprehensive Plan, once adopted by the
City Council, provides policy recommendations for land use and development,
and those policies attempt to envision and address all of the potential
development scenarios and land use needs of the city for at least the following
five years. There are, however, land use and development proposals that, as
noted above, cannot be envisioned, and thus, are not a 'clear fit.' Moreover, due
to the fact that the Plan is purposely not a regulatory document and instead
provides land use guidance, it requires, in many cases, interpretation and
discussion as to how policies apply to such cases. In those cases, Staffs
evaluation and recommendation regarding a request to change the zoning of a
property comes after extensive discussion of what parts of the Plan may be
applicable and how those parts should be interpreted based on the site
characteristics, the proposed use and/or plan of development, availability of City
services, surrounding land uses, and potential changes in circumstances that
have occurred and may in the future (whether land use, transportation, or natural
environment).
In the course of Staffs evaluation of this application, Staff concluded that this
request is an instance of a proposal that does not 'clearly fit' the
recommendations of the Comprehensive Plan, primarily due to its location within
an area of existing suburban -type development, the existing zoning on the site,
and the range of possible interpretations of which and how the Transition Area
Design Guidelines are applicable to commercial development that fits this land
use scenario. After significant work with the applicant, extensive consideration of
and attempts to address citizen concerns, and considerable dialogue among
Staff, as noted above, Staff finds that the proposal is appropriate at this location
for this particular scenario of development and this particular type of land use. If
this type and size of development was proposed further south in the Transition
Area, Staff would not come to this same conclusion. There are no properties
south of already commercially -zoned sites on the east side of Princess Anne
Road or south of the already commercially -zoned sites at the front of the
Sherwood Lakes community that are similarly situated. A more extensive
discussion of Staffs findings is contained in the attached staff report.
Armada Hofer Development Company, LLC
Page 3 of 4
A conclusion also reached by Staff that is not directly related to the applicant's
request, but does derive from the Staff's findings above regarding any potential
proposals for non-residential development south of this part of the Transition
Area, is the need for an extensive analysis and discussion pertaining to that area
of the Transition Area with the purpose of establishing updated land use policy
for the area, as well as enhanced design guidance. Staff believes that this
analysis and discussion has commenced with the appointment by the City
Council of the Transition Area / Interfacility Traffic Area Citizen Advisory
Committee (TA/ITA CAC).
There was opposition to the request.
• Recommendations:
The Planning Commission, passing a motion by a recorded vote of 8-1-1,
recommends approval of this request to the City Council with the following
proffers:
PROFFER 1:
The Property shall be developed in substantial conformity with the Site Plan entitled
"CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF SANDBRIDGE
SHOPPING CENTER" dated 08/31/2012, prepared by MSA, P.C., which has been
exhibited to the City Council, as same may be approved by the appropriate City
departments and officials (the "Site Plan"), and the renderings entitled
"CONCEPTUAL DRAWINGS FOR SANDBRIDGE SHOPPING CENTER" dated
August 16, 2012, prepared by HBA, which has been exhibited to the City Council
(the "Renderings"), with copies of the Site Plan and the Renderings being on file
with the City's Department of Planning and Community Development.
PROFFER 2:
The quality and architectural style and character of improvements constructed on
the Property shall be substantially in conformity with the Renderings. The quality,
architectural style and character of improvements constructed on any outparcel on
the Property shall be compatible with the quality, architectural style and character of
improvements constructed on the remainder of the Property.
PROFFER 3:
No portion of the Property shall be used for any of the following uses: an onsite dry
cleaning service whereby the dry-cleaning and any other cleaning processes are
performed on the outparcel (pick-up and drop-off only facilities shall be permitted);
adult entertainment; adult video or bookstore; nightclub; tavern; lounge; dance hall;
massage parlor; funeral home or morgue; pool hall; game parlor; skating rink; bingo
games; betting agency; bowling alley; flea market; auto dealership; car rentals or
sales; child care center; or hazardous or illegal uses.
PROFFER 4:
Armada Hofer Development Company, LLC
Page 4 of 4
All building -mounted exterior signs located on the Property shall consist of channel
lettering and may be back -lit lighting. All free-standing signs located on any
Outparcel shall conform to the quality, architectural style, materials and character of
the free-standing sign for the shopping center as depicted on the Renderings.
PROFFER 5:
In addition to the landscaped perimeter open spaces depicted on the Outparcels in
the Landscaping Plan, when the Outparcels are developed, all landscaped areas
shall utilize the same "native species" utilized in the landscaping depicted on the
Landscaping Plan.
PROFFER 6:
A cash proffer in the amount of $200,000.00 shall be paid to the City as a condition
of the City's issuance of a Certificate of Occupancy for the primary building to be
constructed on the Property, with such sum to be applied to and used to assist in
the funding of the road improvements for CIP Project 2.195.000 known as Princess
Anne Road — Phase VH (the "CIP Project"). In accordance with Section 107 (h) (3)
of the CZO and Section 15.2-2298 of the Code of Virginia of 1950, as amended, if
the funds proffered and paid to the City are not used by the City for road
improvements contemplated by the CIP Project within twenty (20) years from the
date of recordation of this Agreement, then any such funds paid and unused may
be used by the City for any other public purpose within the area if the City
designated in the City's Comprehensive Plan as the "Transition Area".
PROFFER 7:
The development of the Property shall incorporate the design and construction of
all of the recommendations set forth in Chapter 7 of that certain Traffic Impact
Analysis entitled "SANDBRIDGE SHOPPING CENTER, City of Virginia Beach,
Virginia", dated August 30, 2012, prepared by Bryant B. Goodloe, P.C. (the "TIA"),
which has been exhibited to the City Council with a copy of the TIA being on file
with Planning, except item 5(b) thereof.
The City Attorney's Office has reviewed the proffer agreement dated March 3, 2013, and
found it to be legally sufficient and in acceptable legal form.
• Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning ommission recommends
approval.
Submitting Department/Agency: Planning Department
City Manager:
PRINCESS ANNE Armada Hoffler Development Co., LLC
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Conditional Zoning Change from AGI 8 AG2 . 82 to conditional 82
D2
April 10, 2013 Public Hearing
APPLICANT:
ARMADA
HOFFLER
DEVELOPMENT
COMPANY, LLC
PROPERTY OWNER:
DAVID B. HILL, JR.,
LUKE H. HILL, AND
SUSIE WOOD HILL
STAFF PLANNER: Faith Christie
REQUEST: Conditional Change of Zoning (AG1 & AG2 Agricultural & B2 Community Business to Conditional
B2 Community Business)
ADDRESS / DESCRIPTION: 2101 Princess Anne Road
GPIN: ELECTION DISTRICT: SITE SIZE:
24141298600000 PRINCESS ANNE 11.2 Acres
AICUZ:
65-70 dB DNL; Sub -Area 2
•
BACKGROUND / DETAILS OF PROPOSAL
The applicant proposes to rezone the AG -1 and AG -2 Agricultural and B-2 Community Business to
Conditional B-2 Community Business and develop the site with a shopping center. The site is the last
remnant piece of the Hill family farm, with the exception of the homestead site south of the property. The
family farm encompassed what are now Three Oaks Elementary school, Three Oaks, Heritage Park,
Southern Woods, and Sherwood Lakes subdivisions, and City owned open space of 36 acres south of the
site. The area is referred to as "Hill's Corner" on city maps as far back as 1963. The total site area is 11.2
acres of which 4.8 acres is currently zoned B-2 Business, and has been zoned business since at least
1963 as indicated on city maps.
The submitted conceptual layout and landscape plan depicts an oddly shaped parcel at the southwestern
intersection of Princess Anne Road, Upton Drive, and Sandbridge Road. The plan depicts the site divided
into three parcels, two out parcels and a larger parcel for the shopping center. There are four accesses to
the site, one from Princess Anne Road on the eastern side of the site, and two from Princess Anne Road
on the northern side of the site. The northern most access lines up with the existing entrance to Red Mill
Shopping Center to the north. Approximately one acre along the northern portion of the site has been
ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 1
dedicated for the alignment of Princess Anne Road and the Princess Anne Road Phase VII Capital
Improvement Project.
The proposed shopping center is situated on the southern portion of the site, adjacent to city owned open
space of 36 acres. The proposed grocery store will be 53,365 square feet. A strip retail building of 10,000
square feet is attached to the grocery store building. A 7,200 square foot retail building is also proposed
on the site. The majority of the parking is proposed along the front of the center's buildings, shaped
similar to a "T". The proposed parking spaces at the northeastern portion of the site will pervious pavers.
An eight -foot wide multi-purpose trail that will connect to the proposed office project to the north and the
proposed City Park to the south is also depicted on the plan. The trail also connects to the interior of the
site's sidewalk system. A stormwater management pond with a trail is shown in the southwestern portion
of the site. The proposed trail around the storm water management pond also provides access to the
school site to the northwest and the park site to the southwest of the project.
The proposed design of the buildings offers elements of both the shopping centers to the north and the
rural vernacular of the southern part of the City. The proposed grocery store building will be constructed
of brick and fiber cement plank lap siding. Standing seam metal hipped roofs over the vertical elements of
the facade provide visual relief to the expanse of the proposed building. Shingle siding, gabled and shed
roof store entries, and a brick water table provide some elements of the rural vernacular sought in this
area. The building colors utilize red brick, cream and tan fiber cement siding, and white trim. Staff
recommends that the brick color change to a tan or light tan or beige to be more in keeping with the
architecture of the southern part of the City.
4
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Fallow farm field,
SURROUNDING LAND North:
USE AND ZONING:
South:
East:
West:
zoned B-2 Community Business and AG -1 and AG -2 Agricultural
• Princess Anne Road
• Across Princess Anne Road is a shopping center / B-2
Business
• Princess Anne Road
• Open space / AG -1 and AG -2 Agricultural
• Princess Anne Road
• Across Princess Anne Road is a shopping center and
undeveloped retail / office complex / B-2 Business and
Conditional B-2 Business
• Elementary school / AG -1 and AG -2 Agricultural
NATURAL RESOURCE AND CULTURAL FEATURES: There are no significant natural resources or cultural
features associated with the site.
COMPREHENSIVE PLAN: Transition Area
The Comprehensive Plan designates this area of the City as Transition Area. The Transition Area is
strategically located between the more urbanized region of the City to the north and the rural area to the south.
The Transition Area consists of the area bordered by Princess Anne and Sandbridge Roads along the 'Green
Line' to the north, North Landing Road to the west to the Princess Anne border, Indian River Road to the
ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 2
south, and New Bridge Road to the east. Commercial development within the Transition Area should be
thought of as neighborhood serving centers; big box commercial establishments are discouraged. Franchise
development should respect the community character and should be designed for compatibility with the
surrounding neighborhood.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne
Road is currently a two-lane undivided minor suburban arterial to the east of the site and south of the site. The
Princess Anne Road Phase VII Capital Improvement Project (CIP) as currently designed will widen Princess
Anne Road to a four -lane divided roadway from General Booth Boulevard to Sandbridge Road / Upton Drive
and this project includes improvements to the Princess Anne Road / Sandbridge Road / Upton Drive
intersection to increase the capacity of the intersection and to improve safety. This project is currently
unfunded in the CIP and there is no schedule for construction. There are no current CIP projects to improve
the portion of Princess Anne Road west of the Sandbridge Road / Upton Drive intersection.
Public Works / Traffic Engineering:
1) Traffic Engineering worked with the Applicant's Engineer in the development of the Traffic Impact
Study (TIS) that has been required for this rezoning application. Thus, the methodology and most of
the assumptions used in the Sandbridge Shopping Center TIS are approved. Traffic Engineering has
the following major comments on the TIS report and the Conclusions:
a) The TIS shows that the vehicular delays in the evening peak hour at the Princess Anne Road /
Sandbridge Road / Upton Drive intersection will be increased very significantly as a direct result of the
traffic to be generated by the proposed Sandbridge Shopping Center development. The report
documents that with full build out of Sandbridge Shopping Center in 2018, delays at this intersection
will be 66 seconds per vehicle (Level of Service E), compared with 47 seconds per vehicle (Level of
Service D) without the Sandbridge Shopping Center traffic. This basically means that each of the
approximately 3,350 vehicles passing through this intersection during the weekday peak hour will be
delayed by an additional 19 seconds due to the increased traffic resulting from this proposed shopping
center.
b) As discussed with the Engineer and Applicant, there are two options that can lessen the traffic impacts
of the proposed rezoning on the Princess Anne Road / Sandbridge Road / Upton Drive intersection.
The first option is to proffer off-site improvements at the Princess Anne Road / Sandbridge Road /
Upton Drive intersection to increase the capacity of the intersection. An example of a proffer
improvement would be the addition of turn lane(s) that would improve the capacity of the intersection.
The TIS does not include any proposed improvements to mitigate the significant degradation of traffic
flow at this intersection.
The second option is to reduce the amount of traffic to be generated by the development by delaying
the approval of the complimentary retail and outparcel components of the proposed development until
after the Princess Anne Road Phase VII project has been completed.
c) The TIS does show that the Level of Service at Princess Anne Road / Sandbridge Road / Upton Drive
ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 3
intersection would be improved to an acceptable level with the Sandbridge Shopping Center traffic
after the intersection has been improved as part of the Princess Anne Road Phase VII CIP project has
been completed. However, this CIP project is not currently funded and no schedule has been given for
construction because of this.
d) There are impacts on the Princess Anne Road / Sandbridge Road / Upton Drive intersection in the
morning and mid-day peak hours as a result of the proposed rezoning, but they are not as extreme as
the evening peak hour impact. It is noted that if the intersection is improved to reduce the impacts of
the evening peak hour traffic addition, the morning and afternoon peak hour impacts will be taken care
of as well.
e) The TIS report states that traffic signals will not be warranted at either of the proposed full access
points on Princess Anne Road for this development. The signal warrants analyses were not included
in the TIS; therefore they could not be reviewed by Traffic Engineering. Traffic Engineering has
consistently stated that traffic signals could not be put at either of the these access points because of
the proximity to the Princess Anne Road / Sandbridge Road / Upton Drive intersection and that a
signal at either of these points would significantly impact the flow on Princess Anne Road.
f) The TIS does show that as un -signalized intersections with stop signs controlling the traffic exiting the
shopping center, traffic exiting the shopping center will face very significant delays (LOS F) trying to
get onto Princess Anne Road. The projected delays shown in the report for the PM peak hour time
period, while being very conservative in nature, show delays of 403 seconds (6.7 minutes) per vehicle
exiting the shopping center at the access point opposite the Food Lion shopping center and delays of
564 seconds (9.4 minutes) per vehicle for traffic leaving the access point opposite the Rite Aid access
point. These delays are theoretical and likely would not be seen in the field because vehicles would
avoid making left turns out of the shopping center. However, the vehicles that will turn left may take
chances in exiting because of the delays and this will likely result in safety problems at the access
points.
2) The Conclusions of the TIS for Sandbridge Shopping Center, which describes the required turn lanes
and other improvements, must be included in the proffered improvements for the rezoning.
3) The conceptual Rezoning Plan for Sandbridge Shopping Center shows a full access point that will line
up with the Rite Aid entrance of Princess Anne Road. When the Princess Anne Road Phase VII
project is completed, this section of road will be divided and no median opening would be allowed at
this location. Traffic Engineering has worked with the applicant on a future access point location on
Princess Anne Road as far north as possible from the Princess Anne Road / Sandbridge Road / Upton
Drive intersection that would allow for a median opening. Because a median opening is not shown on
the current CIP plans, City Council would have to approve the addition of a median opening at this
location that would be built with the CIP project. If and when the Princess Anne Road Phase VII
project is completed and access to the site is from the median opening, the existing access point
opposite the Rite Aid must be abandoned. This must be included in the proffers for this rezoning.
4) Traffic Engineering reserves the right to make additional comments regarding the roadway
improvements on the conceptual rezoning site plan after the revised plan has been submitted.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Princess Anne
Road — north of
Sandbridge Road /
Upton Drive
21,800 ADT 1
15,000 ADT 1^
Existing Land Use 1- <100
ADT (<10 PM Peak Hours)
Proposed Land Use 3 -
ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 4
WATER: This site must connect to City water. There is a 10 inch city water line on Princess Anne Road.
SEWER: This site must connect to City sanitary sewer. The site is within the proposed expanded sanitary
sewer service area of the proposed Princessboro Pump Station cost participation project. Construction plans
for the pumps station (DSC File K12-651) and the sanitary sewer system (DSC File K12-650) have been
submitted and approved.
DEVELOPMENT SERVICES CENTER: Stormwater management shall be addressed in accordance with the
Virginia Stormwater Management Handbook. The stormwater management facility shall have a minimum
setback of 25 feet from any right-of-way and property line.
The owner, developer, and or consultant is responsible for contacting the Department of Conservation and
Recreation and or the U. S. Army Corps of Engineers regarding State construction stormwater permits and the
potential presence of jurisdictional nontidal wetlands. The City of Virginia Beach does not issue Virginia
Stormwater Management Program permits or make nontidal wetlands determinations.
EVALUATION AND RECOMMENDATION
This site is located at the southwest corner of the intersection of Princess Anne Road, Sandbridge Road,
and Upton Drive. It is the only corner of the intersection that remains undeveloped. The site is 11.2 acres
in area. Of that area 4.8 acres is zoned unconditional B-2 Community Business and 6.4 acres is zoned
Agricultural 1 and 2. The applicant proposes to rezone all of the 11.2 acres of land to Conditional B-2
Community Business. With the proposal comes a proffered agreement that details how the site will be
developed, how and of what materials the buildings will be constructed, and the uses that will occupy the
site.
The site is located within the Transition Area of the City. This area is planned to be a transition between
the developed urban northern part of the City and the rural southern part of the City. Additionally this site
is located between the Nimmo Center and Pungo Center. Staff notes that this intersection has been
zoned as a commercial node since the early 1960's. As evidenced by the development and future
development of several residential subdivisions south of the site commercial support services will be
needed for the residents. With the site's proximity to the already densely developed corners of the
immediate area it is difficult to apply the Comprehensive Plan recommendations and Transition Area
Design Guidelines to this development. With that being said the applicant and staff have worked diligently
to implement many of the Transition Area Design suggestions into the development.
First is the issue of striving to achieve a goal of 50% open space which should include berms, trees,
buffers and trails to create safe, accessible and attractive roadway corridors and internal green space.
ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 5
intersection
10,941 ADT (1,124 PM
Peak Hour)
Princess Anne
16,500 ADT 1
15,000 ADT 1
Road — west of
Sandbridge Road /
Upton Drive
intersection
'Average Daily Trips
las defined by 10.3 acres of Agricultural zoning
3 based upon the proposed land uses included in the Sandbridge Shopping Center Traffic Impact Study dated August 30, 2012
WATER: This site must connect to City water. There is a 10 inch city water line on Princess Anne Road.
SEWER: This site must connect to City sanitary sewer. The site is within the proposed expanded sanitary
sewer service area of the proposed Princessboro Pump Station cost participation project. Construction plans
for the pumps station (DSC File K12-651) and the sanitary sewer system (DSC File K12-650) have been
submitted and approved.
DEVELOPMENT SERVICES CENTER: Stormwater management shall be addressed in accordance with the
Virginia Stormwater Management Handbook. The stormwater management facility shall have a minimum
setback of 25 feet from any right-of-way and property line.
The owner, developer, and or consultant is responsible for contacting the Department of Conservation and
Recreation and or the U. S. Army Corps of Engineers regarding State construction stormwater permits and the
potential presence of jurisdictional nontidal wetlands. The City of Virginia Beach does not issue Virginia
Stormwater Management Program permits or make nontidal wetlands determinations.
EVALUATION AND RECOMMENDATION
This site is located at the southwest corner of the intersection of Princess Anne Road, Sandbridge Road,
and Upton Drive. It is the only corner of the intersection that remains undeveloped. The site is 11.2 acres
in area. Of that area 4.8 acres is zoned unconditional B-2 Community Business and 6.4 acres is zoned
Agricultural 1 and 2. The applicant proposes to rezone all of the 11.2 acres of land to Conditional B-2
Community Business. With the proposal comes a proffered agreement that details how the site will be
developed, how and of what materials the buildings will be constructed, and the uses that will occupy the
site.
The site is located within the Transition Area of the City. This area is planned to be a transition between
the developed urban northern part of the City and the rural southern part of the City. Additionally this site
is located between the Nimmo Center and Pungo Center. Staff notes that this intersection has been
zoned as a commercial node since the early 1960's. As evidenced by the development and future
development of several residential subdivisions south of the site commercial support services will be
needed for the residents. With the site's proximity to the already densely developed corners of the
immediate area it is difficult to apply the Comprehensive Plan recommendations and Transition Area
Design Guidelines to this development. With that being said the applicant and staff have worked diligently
to implement many of the Transition Area Design suggestions into the development.
First is the issue of striving to achieve a goal of 50% open space which should include berms, trees,
buffers and trails to create safe, accessible and attractive roadway corridors and internal green space.
ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 5
The applicant presents that 53.7% of the currently zoned agricultural property will be open space. The
overall open space for the entire project will be 31 % of the land area. The applicant believes they have
met the goal of 50% open space on the agricultural area that is being rezoned, and that the currently
zoned B-2 Community Business property is not subject to the goal of 50% open space as it can be
developed by right. Staff, however, must look at the project in its entirety. Staff agrees with the applicant's
assessment that other commercial projects within the Transition Area have not met the goal of 50% open
space. Open space on other projects approved in the Transition Area ranges from 21°A) to 41 % of the
land area.
The proposed open space of 3.44 acres includes landscaped and bermed areas, trails, and the storm
water management facility at the rear of the site. The proposed trails along the site tie into the MPB, INC.
site to the north and will be ready for connection to the City park site to the south when it is developed.
Staff notes that the placement of the stormwater management facility does not really provide an amenity
on the site as it does not appear to be readily accessible to patrons of the site. If an agreement with the
school site can be worked out both pond areas could be developed as a linear park with trails and access
to the both the school site and the future park site. Patrons may use this type of park like feature more
readily than what is developed and proposed.
There has been much discussion between staff and the applicant regarding the placement of the storm
water management facility. Staff suggested along the northern portion of the site so that the facility could
aid in the open space and provide an amenity. Parking is an issue with the use and loss of the spaces in
that area would put a burden on the applicant. Staff also discussed the need for a separate stormwater
management facility. The applicant advised that they had met with the Development Services Center
about the possibility of their use, as well as the recently approved office use, perhaps using the facility on
the school site or building a joint facility for everyone to use. It was determined that with so many entities
involved, the applicant, MPB, Inc. (Sentara) Virginia Beach Public Schools, Virginia Beach Parks and
Recreation, and Virginia Beach Public Works, staff would need to come together to determine how to
accomplish the project. There are many policies and procedures that would have to be examined and
modified to allow a joint public / private project involving stormwater management.
The next issue staff and the applicant vetted are the roadway capacity issues. The Comprehensive Plan
states that the applicant must demonstrate that the capacity of the roadways and other infrastructure in
the Transition Area can adequately support the demand placed on them by the discretionary
development. The applicant's Traffic Impact Study and Traffic Engineering analysis of the study indicate
that the roadway will be compromised unless CIP Princess Anne Road Phase VIII is funded and built.
Currently the CIP is not funded, and there is no date for begin of construction. The project ranks in the top
five of unfunded roadway projects for the fiscal year 2014 Capital Improvement Program. At this point
approximately 40% of the right-of-way land area acquisition is complete, and the anticipated cost of the
project is 19.7 million dollars. The applicant is proffering the installation of turn lanes and $200,000.00 for
use in the development of Princess Anne Road Phase VII.
Two options are offered by Traffic Engineering to lessen the impact of the traffic on the intersection:
a) The first option is to proffer off-site improvements at the Princess Anne Road / Sandbridge Road /
Upton Drive intersection to increase the capacity of the intersection. An example of a proffer
improvement would be the addition of turn lane(s) that would improve the capacity of the
intersection. The TIS does not include any proposed improvements to mitigate the significant
degradation of traffic flow at this intersection. The applicant is proffering the installation of turn
lanes at the intersection to increase the capacity, as well as $200,000.00 to be used in the
construction of CIP Princess Anne Road Phase VII.
ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 6
b) The second option is to reduce the amount of traffic to be generated by the development by
delaying the approval of the complimentary retail and outparcel components of the proposed
development until after the Princess Anne Road Phase VII project has been completed.
While the applicant does not have users for the outparcels they do not want to be limited in their
marketing options should a user within the center or for an outparcel approach them with a viable offer.
Another recommendation of the Comprehensive Plan is that projects employ energy efficient systems
equal to or higher than the Leadership in Energy and Environmental Design (LEED) program. The
applicant has proffered some pervious pavers on the site. Staff encourages the applicant to install
additional pervious pavers or porous pavement and or concrete in the walkways and paths and perhaps
parking areas on the site. Staff does understand the problems with cost and maintenance of the systems.
The proposed building will feature the following sustainable energy designs and practices:
• High Efficient HVAC systems
• Direct Digital Control systems (DDC) for HVAC, Lighting and Refrigeration Systems
• Building Commissioning program
• Non -Ozone Depleting (HFC) Refrigerants in our refrigeration systems
• Auto Flush valves, ultra-low flow urinals, Low water use Toilets and Water saving devices at all
sinks.
• High Efficiency Water Heaters
• Heat reclaimed from refrigeration systems provide heat for water and space conditioning
• Electronic refrigeration control valves
• Proper disposal of all refrigeration oil and refrigerants in our maintenance practices
• LED Lighting in Refrigerated cases and for spot lighting product
• Refrigeration floating set points
• Cooking hood temperature control system
• Glass doors on medium temperature cases
• White reflective TPO roofing system with R-20 insulation
While the site is located at the northernmost cusp of the Transition Area, the entire intersection of
Princess Anne Road / Sandbridge Road / Upton Drive has been zoned commercial since at least the
early 1960's. This intersection has been regarded as a commercial node for many years, to be developed
with uses for the surrounding residential neighborhoods, and indeed the site was occupied by an
automotive repair facility and seafood mart until the dedication of right-of-way for Princess Anne Road
Phase VII (these uses now exist within the right-of-way).
The applicant has implemented many of the suggestions of the Comprehensive Plan into the design of
the site and construction of the buildings. The proposed 31 % open space is consistent with other
commercial uses in the Transition Area. The applicant proposes berms and native landscape treatments
along the frontage of the site, as well as buffers along the southern and western portion of the site. Multi-
use trails are proposed to connect the site with the property to the north and south and provide
interconnectivity in the shopping center to the proposed uses and adjacent uses.
The applicant performed due diligence with the City in trying to propose a regional stormwater
management facility rather than having to install one on the site. This is a City issue that warrants further
study on how to accommodate these types of proposals. There are many issues involved with this type of
public private partnership that Staff must work on to come to a satisfactory conclusion for all entities. Staff
encourages the applicant to continue to work with Virginia Beach Public Schools to perhaps create a
linear park connecting the two stormwater management facilities with trails.
ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 7
The applicant is proffering the installation of turn lanes to lessen the impact of traffic issues at the
intersection. CIP Princess Anne Road Phase VII improvements are not currently funded and there is no
construction start date. These improvements would significantly improve traffic issues in the immediate
area. The roadway project is listed as one of the top five unfunded roadway projects for the fiscal year
2014. The applicant is proffering $200,000.00 toward the CIP project. Perhaps this development will be
the genesis to raise the level of importance this CIP project requires.
The proposed buildings will implement some energy efficient methods as discussed in the report. Again
staff encourages the applicant to explore additional use of pervious pavers and porous in the parking
area, walkways, and paths. While the some elements of the proposed building design is reminiscent of
the rural vernacular in the southern portion of the City the main design is suburban in nature and is
complementary to the surrounding uses.
Staff recommends approval of the request to rezone the site from B-2 Community Business and AG -1
and AG -2 Agricultural to Conditional B-2 Community Business and develop the site with a shopping
center subject to the proffers listed below.
4
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
The Property shall be developed in substantial conformity with the Site Plan entitled "CONCEPTUAL SITE
LAYOUT AND LANDSCAPE PLAN OF SANDBRIDGE SHOPPING CENTER" dated 08/31/2012, prepared
by MSA, P.C., which has been exhibited to the City Council, as same may be approved by the appropriate
City departments and officials (the "Site Plan"), the Landscaping Plan entitled "CONCEPTUAL
LANDSCAPING PLAN OF SANDBRIDGE SHOPPING CENTER" dated 8/31/2012, prepared by MSA, P.C.,
which has been exhibited to the City Council, as same may be approved by the appropriate City
departments and officials (the "Landscaping Plan"), and the renderings entitled "SANDBRIDGE SHOPPING
CENTER" dated 3/15/13, prepared by HBA, which have been exhibited to the City Council (the
"Renderings"), with copies of the Site Plan, the Landscaping Plan, and the Renderings being on file with the
City's Department of Planning and Community Development ("Planning").
PROFFER 2:
The quality and architectural style and character of improvements constructed on the Property shall be
substantially in conformity with the Renderings. The quality, architectural style, exterior materials, and
character of improvements constructed on any outparcel on the Property ("Outparcel") shall be in substantial
conformity with the quality, architectural style, exterior materials, and character of improvements constructed
on the remainder of the Property as depicted on the Renderings.
PROFFER 3:
No portion of the Property shall be used for any of the following uses: an onsite dry cleaning service
whereby the dry-cleaning and any other cleaning processes are performed on the outparcel (pick-up and
ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 8
drop-off only facilities shall be permitted); adult entertainment; adult video or bookstore; nightclub; tavern;
lounge; dance hall; massage parlor; funeral home or morgue; pool hall; game parlor; skating rink; bingo
games; betting agency; bowling alley; flea market; auto dealership; car rentals or sales; child care center; or
hazardous or illegal uses.
PROFFER 4:
All building -mounted exterior signs located on the Property shall consist of channel lettering and may be
back -lit lighting. All free-standing signs located on any Outparcel shall conform to the quality, architectural
style, materials and character of the free-standing sign for the shopping center as depicted on the
Renderings.
PROFFER 5:
In addition to the landscaped perimeter open spaces depicted on the Outparcels in the Landscaping Plan,
when the Outparcels are developed, all landscaped areas shall utilize the same "native species" utilized in
the landscaping depicted on the Landscaping Plan.
Proffer 6:
A cash proffer in the amount of $200,000.00 shall be paid to the City as a condition of the City's issuance of
a Certificate of Occupancy for the primary building to be constructed on the Property, with such sum to be
applied to and used to assist in the funding of the road improvements for CIP Project 2.195.000 known as
Princess Anne Road — Phase VII (the "CIP Project"). In accordance with Section 107 (h) (3) of the CZO and
Section 15.2-2298 of the Code of Virginia of 1950, as amended, if the funds proffered and paid to the City
are not used by the City for road improvements contemplated by the CIP Project within twenty (20) years
from the date of recordation of this Agreement, then any such funds paid and unused may be used by the
City for any other public purpose within the area if the City designated in the City's Comprehensive Plan as
the "Transition Area."
PROFFER 7:
The development of the Property shall incorporate the design and construction of all of the
recommendations set forth in Chapter 7 of that certain Traffic Impact Analysis entitled "SANDBRIDGE
SHOPPING CENTER, City of Virginia Beach, Virginia", dated August 30, 2012, prepared by Bryant B.
Goodloe, P.C. (the "TIA"), which has been exhibited to the City Council with a copy of the TIA being on file
with Planning, except item 5(b) thereof.
STAFF COMMENTS: The proffers listed above are acceptable.
The City Attorney's Office has reviewed the proffer agreement dated March 3, 2013, and found it to be
legally sufficient and in acceptable legal form.
ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 9
AERIAL OF SITE LOCATION
ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 10
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ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 11
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PROPOSED SITE PLAN
ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 12
PROPOSED LANDSCAPE PLAN
ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 13
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ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 14
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ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 15
PRINCESS ANNE
Map K-12 Armada Hoffler Development Co., LLC
Zoning with Conditions Proffers Open
Space Promotion orPDH•2Overlays Conditional Zoning Change from AG1 8 AG2 - 82 to Conditional 82
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
6/28/11
Street Closure
Approved
8/27/86
Downzone B-2 Business to AG -1 and AG -2 Agricultural
Denied
8/27/86
Downzone R-3 Residential to AG -1 and AG -2 Agricultural
Approved
5/12/75
Conditional Use Permit (signboard)
Approved
6/11/74
Conditional Use Permit (signboard)
Withdrawn
2
2/12/13
Rezoning (AG -2 Agricultural to Conditional 0-2 Office)
Approved
3
2/28/12
Conditional Use Permit (Bulk Storage)
Approved
2/25/09
Rezoning (AG -1 and AG -2 Agricultural to Conditional B-2
Approved
Business and 0-2 Office)
4
4/14/09
Rezoning (AG -1 and AG -2 Agricultural to 0-2 Office)
Approved
5
12/11/01
Conditional Use Permit (Gasoline Station in conjunction with a
convenience store)
Approved
6
12/11/01
Rezoning (B-2 Business to Conditional A-12 Multiple family)
Approved
7
8/24/93
Conditional Use Permit (Church)
Approved
8
5/25/99
Rezoning (AG -2 Agricultural to Conditional B-2 Business)
Approved
9
6/14/05
Conditional Use Permit (Child Care Education Center)
Approved
ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 16
1
V DISCLOSURE STATEMENT
APPUCANT 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)
AH Sandbrldge, LIC: Managers - Louis S. Haddad, Anthony P. Nero, Daniel A. Nattier, A. Russell
Kkk Members- Louis S. Haddad, Anthony P. Nero, Daniel A. Honer, A. Russell Kirk, John C. Davis,
Eric E. Apperson, Michael P. O'Hara, Alan R. Hunt, Shelly R. Hampton, William Christopher Harvey
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)
2. List all businesses that have a parent -subsidiary) or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
0 Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& 2 See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes 0 No IZI
If yes, what is the name of the official or employee and the nature of their interest?
Conditional Rezoning AppUcaloe
0112Page 11
Revised 11/18/2008
DISCLOSURE STATEMENT
ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 17
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)
Engineering - MSA, PC
Legal - Fagged & Frieden
Architectural - HBA Architects
' "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 (ill) there Is shared management or control between the business
entitles. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the 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: !certify that the information contained herein is true and accurate.
1 understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
ers Signature,(if diflere =h applicant)
id B. Hil Susie W. i y
Louis 6. ileto&44
Print Name
LukeriA N11
David B. Hill her Attorney in Fact
Conditional Rezoning Application
Pap 12of12
Revised 7/32007
DISCLOSURE STATEMENT
ARMADA HOFFLER DEVELOPMENT COMPANY, LLC
Agenda Item D2
Page 18
I
Item #D-2
Armada Hoffler Development Company, L.L.C.
Conditional Change of Zoning
2101 Princess Anne Road
District 7
Princess Anne
April 10, 2013
REGULAR
An application of Armada Hoffler Development Company, L.L.0 for a Conditional Change
of Zoning (AG1 & AG2 Agricultural & B2 Community Business to Conditional B2
Community Business) on property located at 2101 Princess Anne Road, District 7,
Princess Anne: GPIN: 24141298600000.
PROFFERS
PROFFER 1:
The Property shall be developed in substantial conformity with the Site Plan entitled
"CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF SANDBRIDGE SHOPPING
CENTER" dated 08/31/2012, prepared by MSA, P.C., which has been exhibited to the
City Council, as same may be approved by the appropriate City departments and officials
(the "Site Plan"), and the renderings entitled "CONCEPTUAL DRAWINGS FOR
SANDBRIDGE SHOPPING CENTER" dated August 16, 2012, prepared by HBA, which
has been exhibited to the City Council (the "Renderings"), with copies of the Site Plan and
the Renderings being on file with the City's Department of Planning and Community
Development.
PROFFER 2:
The quality and architectural style and character of improvements constructed on the
Property shall be substantially in conformity with the Renderings. The quality,
architectural style and character of improvements constructed on any outparcel on the
Property shall be compatible with the quality, architectural style and character of
improvements constructed on the remainder of the Property.
PROFFER 3:
No portion of the Property shall be used for any of the following uses: an onsite dry
cleaning service whereby the dry-cleaning and any other cleaning processes are
performed on the outparcel (pick-up and drop-off only facilities shall be permitted); adult
entertainment; adult video or bookstore; nightclub; tavern; lounge; dance hall; massage
parlor; funeral home or morgue; pool hall; game parlor; skating rink; bingo games; betting
agency; bowling alley; flea market; auto dealership; car rentals or sales; child care center;
or hazardous or illegal uses.
PROFFER 4:
All building -mounted exterior signs located on the Property shall consist of channel
Item #D-2
Armada Hoffler Development Company, L.L.C.
Page 2
lettering and may be back -lit lighting. All free-standing signs located on any Outparcel
shall conform to the quality, architectural style, materials and character of the free-
standing sign for the shopping center as depicted on the Renderings.
PROFFER 5:
In addition to the landscaped perimeter open spaces depicted on the Outparcels in the
Landscaping Plan, when the Outparcels are developed, all landscaped areas shall utilize
the same "native species" utilized in the landscaping depicted on the Landscaping Plan.
PROFFER 6:
A cash proffer in the amount of $200,000.00 shall be paid to the City as a condition of the
City's issuance of a Certificate of Occupancy for the primary building to be constructed on
the Property, with such sum to be applied to and used to assist in the funding of the road
improvements for CIP Project 2.195.000 known as Princess Anne Road — Phase VII (the
"CIP Project"). In accordance with Section 107 (h) (3) of the CZO and Section 15.2-2298
of the Code of Virginia of 1950, as amended, if the funds proffered and paid to the City
are not used by the City for road improvements contemplated by the CIP Project within
twenty (20) years from the date of recordation of this Agreement, then any such funds
paid and unused may be used by the City for any other public purpose within the area if
the City designated in the City's Comprehensive Plan as the "Transition Area".
PROFFER 7:
The development of the Property shall incorporate the design and construction of all of
the recommendations set forth in Chapter 7 of that certain Traffic Impact Analysis entitled
"SANDBRIDGE SHOPPING CENTER, City of Virginia Beach, Virginia", dated August 30,
2012, prepared by Bryant B. Goodloe, P.C. (the "TIA"), which has been exhibited to the
City Council with a copy of the TIA being on file with Planning, except item 5(b) thereof.
AYE 8 NAY 1 ABS 1 ABSENT 1
BERNAS NAY
FELTON ABSENT
HENLEY AYE
HODGSON AYE
HORSLEY AYE
LIVAS AYE
REDMOND ABSENT
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
By a vote of 8-1, the Commission approved Item D-2.
R.J. Nutter appeared before the Commission on behalf of the applicant.
Item #D-2
Armada Hoffler Development Company, L.L.C.
Page 3
Bob Miller and Diane Goodloe appeared before the Commission in support.
Mary Tilton; Lisa Varga; Veronica Guagenti; Robin Sayre; Karen Kwasny;
Diana Hicks; Joan Davis; and Susan Sadowsk appeared before the Commission in
opposition.
In Reply Refer To Our File No. DF -8494
TO: Mark D. Stiles
FROM: B. Kay Wilssn
RE:
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: May 17, 2013
DEPT: City Attorney
DEPT: City Attorney
Conditional Zoning Application; Armada Hoffler Development Company, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on May 28, 2013. I have reviewed the subject proffer agreement, dated March
8, 2013 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:
Faggert & Frieden, P.C.
222 Central Park Avenue
Suite 1300
Virginia Beach, Virginia 23462
AGREEMENT
THIS AGREEMENT, made as of the 8th day of March, 2013, by and between DAVID
BELDON HILL, JR., LUKE HARRISON HILL II, and SUSIE WOOD HILL (the "Owners",
and for indexing purposes, "Grantors"); AH SANDBRIDGE, LLC, a Virginia limited liability
company (the "Contract Purchaser", and for indexing purposes, "Grantor"); and the CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City", and
for indexing purposes, "Grantee").
WITNESSETH:
WHEREAS, the Owners are the current owners of that certain property located in the
City of Virginia Beach, Virginia, more particularly described in the attached Exhibit A (the
"Property");
WHEREAS, the Contract Purchaser is the contract purchaser of the Property pursuant to
an agreement with the Owners;
WHEREAS, the Contract Purchaser, with the consent of the Owners, has initiated an
amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to
the City, so as to change the classification of the Property from B-2, AG -1 and AG -2 to B-2
Conditional;
WHEREAS, the City's policy is to provide only for the orderly development of land for
various purposes, including mixed use purposes, through zoning and other land development
legislation;
WHEREAS, the Owners and the Contract Purchaser acknowledge that competing and
sometimes incompatible uses conflict, and that in order to permit differing uses on and in the
area of the subject Property and at the same time to recognize the effects of the change and the
need for various types of uses, certain reasonable conditions governing the use of the Property
GPIN No.: 2414-22-9860
for the protection of the community that are not generally applicable to land similarly zoned B-2
are needed to cope with the situation to which the Contract Purchaser's rezoning application
gives rise;
WHEREAS, the Owners have voluntarily proffered in writing in advance of and prior to
the public hearing before the City, as part of the proposed conditional amendment to the Zoning
Map, in addition to the regulations provided for in the existing B-2 zoning district by the existing
City's Zoning Ordinance (the "CZO"), the following reasonable conditions related to the physical
development, operation and use of the Property to be adopted as a part of said amendment to the
new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning
and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Owners and allowed and
accepted by the City as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office"), and
executed by the record owner(s) of the subject Property at the time of recordation of such
instrument; provided, further, that said instrument is consented to by the City in writing as
evidenced by a certified copy of the ordinance or resolution adopted by the governing body of
the City, after a public hearing before the City advertised pursuant to the provisions of Section
15.2-2204 of the Code of Virginia of 1950, as amended, which said ordinance or resolution shall
be recorded along with said instrument as conclusive evidence of such consent.
NOW THEREFORE, the Owners, for themselves, their successors, assigns, grantees,
and other successors in title or interest, voluntarily and without any requirement by or exaction
from the City or its governing body and without any element of compulsion of quid fro quo for
zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following
declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree that these
2
proffers (collectively, the "Proffers") shall constitute covenants running with the title to the
Property, which shall be binding upon the Property and upon all parties and persons claiming
under or through the Owners, their successors, assigns, grantees, and other successors in title or
interest, namely:
1. The Property shall be developed in substantial conformity with the Site Plan
entitled "CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF SANDBRIDGE
SHOPPING CENTER" dated 08/31/2012, prepared by MSA, P.C., which has been exhibited to
the City Council, as same may be approved by the appropriate City departments and officials
(the "Site Plan"), the Landscaping plan entitled "CONCEPTUAL LANDSCAPING PLAN OF
SANDBRIDGE SHOPPING CENTER" dated 08/31/2012, prepared by MSA, P.C., which has
been exhibited to the City Council, as same may be approved by the appropriate City
departments and officials (the "Landscaping Plan"), and the renderings entitled
"SANDBRIDGE SHOPPING CENTER" dated 03/05/13, prepared by HBA, which have been
exhibited to the City Council (the "Renderings"), with copies of the Site Plan, the Landscaping
Plan and the Renderings being on file with the City's Department of Planning and Community
Development ("Planning").
2. The quality and architectural style and character of improvements constructed on
the Property shall be in substantial conformity with the Renderings. The quality, architectural
style, exterior materials and character of improvements constructed on any outparcel on the
Property ("Outparcel") shall be in substantial conformity with the quality, architectural style,
exterior materials and character of improvements constructed on the remainder of the Property as
depicted on the Renderings.
3. No portion of the Property shall be used for any of the following uses: an onsite
dry cleaning service whereby the dry-cleaning and any other cleaning processes are performed
on the outparcel (pick-up and drop-off only facilities shall be permitted); adult entertainment;
adult video or bookstore; nightclub; tavern; lounge; dance hall; massage parlor; funeral home or
morgue; pool hall; game parlor; skating rink; bingo games; betting agency; bowling alley; flea
market; auto dealership; car rentals or sales; child care center; or hazardous or illegal uses.
4. All building -mounted exterior signs located on the Property shall consist of
3
channel lettering and may have back -lit lighting. All free-standing signs located on any
Outparcel shall conform to the quality, architectural style, materials and character of the free-
standing sign for the shopping center as depicted on the Renderings.
5. In addition to the landscaped perimeter open spaces depicted on the Outparcels in
the Landscaping Plan, when the Outparcels are developed, all landscaped areas shall utilize the
same "native species" utilized in the landscaping depicted on the Landscaping Plan.
6. A cash proffer in the amount of $200,000.00 shall be paid to the City as a
condition to the City's issuance of a certificate of occupancy for the primary building to be
constructed on the Property, with such sum to be applied to and used to assist in the funding of
the road improvements for CIP Project 2.195.000 known as Princess Anne Road - Phase VII (the
"CIP Project"). In accordance with § 107(h)(3) of the CZO and § 15.2-2298 of the Code of
Virginia of 1950, as amended, if the funds proffered and paid to the City are not used by the City
for the road improvements contemplated by the CIP Project within twenty (20) years from the
date of recordation of this Agreement, then any such funds paid and unused may be used by the
City for any other public purpose within the area of the City designated in the City's
Comprehensive Plan as the "Transition Area.
7. The development of the Property shall incorporate the design and construction of
all of the recommendations set forth in Chapter 7 of that certain Traffic Impact Analysis entitled
"SANDBRIDGE SHOPPING CENTER, City of Virginia Beach, Virginia", dated August 30,
2012, prepared by Bryant B. Goodloe, P.C. (the "TIA"), which has been exhibited to the City
Council with a copy of the TIA being on file with Planning, except item 5(b) thereof.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the CZO, in force as of the date the conditional zoning amendment is approved by the City.
The Owners covenant and agree that (1) the Zoning Administrator of the City shall be
vested with all necessary authority on behalf of the governing body of the City to administer and
enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any
noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure
compliance with such conditions, including mandatory or prohibitory injunction, abatement,
damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions
4
shall constitute cause to deny the issuance of any of the required building or occupancy permits
as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made
pursuant to the provisions of the City Code, the CZO or this Agreement, the Owners shall
petition the governing body for the review thereof prior to instituting proceedings in court; and
(4) the Zoning Map show by an appropriate symbol on the map the existence of conditions
attaching to the zoning of the Property on the map and that the ordinance and the conditions may
be made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department and that they shall be recorded in the Clerk's
Office and indexed in the name of the Owners and the City.
This Agreement may be executed in counterparts or by using counterpart signature pages.
The Contract Purchaser executes this Agreement to evidence its agreement with the
Proffers.
[SIGNATURES BEGIN ON NEXT PAGE]
5
COMMONWEALTH OF VIRGIN
CITY OF
Luke Harrison Hill II
Susie Wood Hill
wit:
The foregoing Instrument was acknowledged before me this "ay of `192a,te,h ,
2013, by David Beldon Hill, Jr.
[AFFIX SEAL OR STAMP]
My Commission Expires:
Notary Registration No. L i{73 (o
COMMONWEALTH OF VIRG
CITY OF ` �
4to-wit:
The foregoing Instrument was acknowledged before me this Crkaay
2013, by Luke Harrison Hill II.
[AFFIX SEAL OR STAMP]
My Commission Expires: i Xoi 4 -
Notary Registration No. a64tcJ34,
COMMONWEALTH OF IRGINIA
CITY OF T
=wit:
The foregoing Instrument was acknowledged before m
2013, byD..vscl ►�- t'i u f R e� t
[AFFIX SEAL OR STAMP]
My Commission Expires:
Notary Registration No.
W+E eaoeeomejes,
\Fc�• ' •
� NOTARY
PEG # 264936
this ' day of
tog .3(10
6
Z
%It C
6. 0�
5;��°moi
1.
�4/ • NOTARY F.r./..
REG # 264936 : Q
PUBLIC _`�.
uosalaopoo•'
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
Th- ior;•
jes
2013, by 1,
liability company, • its behalf.
CONTRACT PURCHASER:
All SANDBRIDGE, LLC, a
Vire ; is ik company
�I► i�w
By:
Name:
Title: Manager
e was acknowledged b
Manager of
[AFFIX SEAL OR STAMPit I
My Commission Expires: Y
Notary Registration No. &M
77(0
7
me this rid -1' of
an•J•ri• .e, LLQ' a Virginia limited
l /,/
(SEAL)
Notary Public
EXHIBIT A
ALL THAT certain lot, piece or parcel of land, with the buildings and
improvements thereon and the appurtenances thereunto belonging, situate, lying
and being in the City of Virginia Beach, Virginia, and known, numbered and
designated as "PARCEL C-1 GPIN 2414-12-9860, 495,113 S.F. (11.366 ACRES)
on that certain plat entitled "PLAT SHOWING RESUBDIVISION OF PARCEL
C INSTRUMENT #200306050087111 AND CLOSED PORTION OF
UNNAMED 70' PUBLIC RIGHT-OF-WAY M.B. 275, PG. 32 VIRGINIA
BEACH, VIRGINIA", made by Patton Harris Rust & Associates, Inc., Engineers,
Surveyors, Planners, Landscape Architects, Norfolk, Virginia, dated 02/06/2012,
Scale: 1" = 100', which plat is duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, as Instrument Number
20120321000313070.
3572\080\Rezoning\Proffer Agreement-v5.doc
8
L. APPOINTMENTS
GREEN RIBBON COMMITTEE
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
PARKING ADVISORY COMMITTEE
SOCIAL SERVICES BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
0. ADJOURNMENT
05/28/2013gw
********************************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
*******************************
2013 CITY HOLIDAYS
Independence Day - Thursday„Th1v 4
Labor Day - 111onday, September 2
Veterans Day - Mondav, November 11
Thanksgiving Day & Day after Thanksgiving -
Thursday, i'Vovember 28 & Friday, Vovember 29
Christmas Eve (half-day) - Tuesday, December 24
Christmas Day - Wednesduy, December 25
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
CITY COUNCIL LIAISON REPORTS
II.
CITY COUNCIL COMMENTS
R
111.
AGENDA REVIEW
0
IV/V-E
CERTIFICATION OF CLOSED
SESSION
CERTIFIED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
S
F.
MINUTES April 18/23, 2013
APPROVED
11-0
DATE: 05/14/2013
PAGE:
1
Y
Y
Y
Y
Y
Y
Y
Y
S-
BID OPENING
I. SIGNAGE for Business to be located at
2101 Princess Anne Road
Referred To Staff
For Evaluation and
Future
Recommendation
B
YCON
S
ENS
D
U
S
I.
H
S
AGENDA
E
H
J/1.
Resolution to DESIGNATE June 12th,
PHILIPPINE INDEPENDENCE DAY
A
E
Y
W
Y
ITEM # SUBJECT
Y
Y
MOTION
VOTE
D
S
Y
E
J
ADOPTED, BY
CONSENT
M
S
U
1
Y
Y
Y
Y
Y
Y
A
T
DN
Ordinance to AUTHORIZE acquisition of
(5) acres at 2396 Court Plaza Drive,
adjacent to West Neck Creek Natural Area/
ACCEPT a portion as DONATION from
Princess Anne Executive Park
0
MMS
Y
Y
H
L
W
Y
Y
Y
Y
Y
V
E
YL
ADOPTED, BY
CONSENT
NO
Y
0
OR
Y
S
0
Y
Y
Y
Y
Y
1
P
EEES
NMI
00
S
HR
Y
S
S
DS
NND
I
CITY COUNCIL LIAISON REPORTS
II.
CITY COUNCIL COMMENTS
111.
AGENDA REVIEW
IV/V-E
CERTIFICATION OF CLOSED
SESSION
CERTIFIED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
F.
MINUTES April 18/23, 2013
APPROVED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
G/I/H.
BID OPENING
I. SIGNAGE for Business to be located at
2101 Princess Anne Road
Referred To Staff
For Evaluation and
Future
Recommendation
B
YCON
S
ENS
U
S
I.
PUBLIC HEARINGS
1. LEASES OF CITY -OWNED
PROPERTY
a. Signage for Business to be located at
2101 Princess Anne Road
b. Development/Operation of a Camp
"Camp Gromm" for Special Needs
Children/Disabled Veterans
No Speakers
Nine (9) Speakers
J/1.
Resolution to DESIGNATE June 12th,
PHILIPPINE INDEPENDENCE DAY
ADOPTED, BY
CONSENT
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
2.
Ordinance to AUTHORIZE
encroachments into portion of City -owned
r -o -w for THOMAS A/CYNTHIA A.
POTTER D/B/A JAPANESE AUTO
MASTERS (DISTRICT 7 — PRINCESS
ANNE)
ADOPTED, BY
CONSENT
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
3
Ordinance to AUTHORIZE acquisition of
(5) acres at 2396 Court Plaza Drive,
adjacent to West Neck Creek Natural Area/
ACCEPT a portion as DONATION from
Princess Anne Executive Park
ADOPTED, BY
CONSENT
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
4
Resolution to AUTHORIZE DONATION
of Artwork from A Dolphin's Promise/
DIRECT Staff to install at
Sandbridge/Sandpiper/Roads
ADOPTED, BY
CONSENT
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
Ordinances to APPROPRIATE:
a. $4,771 from the Wetlands Civil
Penalties re Floating Island Wetland
Demonstration Project
b. $600,000 from the Housing Choice
Voucher Program to Housing/
Neighborhood/Preservation/INCREASE
appropriation for Portability Program re
rental subsidies
ADOPTED, BY
CONSENT
11-0
Y
Y
y
y
Y
Y
Y
Y
Y
Y
Y
K.
PUBLIC HEARING (BUDGET)
1. FY 2013-14 RESOURCE
MANAGEMENT PLAN/proposed
increase to SOLID WASTE
MANAGEMENT FEE/PLANNING
APPLICATIONS
Four (4) Speakers
Y
Y
Y
Y
Y
Y
Y
Y
R
Y
Y
L.
ORDINANCES: FY 2013-14
RESOURCE MANAGEMENT PLAN
SUBPART 1: Ordinances
ADOPTED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
0
Y
1. APPROPRIATE $1,780,373,064 for
FY 2013-2014 for Operations
2. ESTABLISH Tax Levy on Real Estate
for FY 2014
3. ESTABLISH Tax Levy on Personal
Property/Machinery/Tools for 2014
4. AUTHORIZE an Annual Funding Plan
to HUD
5. APPROPRIATE $236,384/DECLARE
$7,350,000 within Sandbridge Tax
Increment Financing District as Surplus in
FY 2012-13 Budget
6. INCREASE Solid Waste Management
Fee
7. AMEND City Code Section 35-207
INCREASING the Cigarette Tax
8. AMEND Section 2-246/2-247 of City
Code for Department Name Alteration
9. Resolution to DIRECT City Manager
recoup certain expenses re Special Events
10. AMEND City Code re Lodging Tax
by extending its "Sunset"/ DECREASE
Sandbridge Special Service District Lodging
Tax
S
DATE: 05/14/2013
PAGE:
2
S-
D
H
S
AGENDA
E
H
A
E
W
ITEM # SUBJECT
MOTION
VOTE
D
S
E
J
M
S
U
1
A
T
DN
0
MMS
H
L
W
V
E
YL
NOOOR
S
0
1
P
EEES
NMI
00
S
HR
YS
S
DS
NND
5
Ordinances to APPROPRIATE:
a. $4,771 from the Wetlands Civil
Penalties re Floating Island Wetland
Demonstration Project
b. $600,000 from the Housing Choice
Voucher Program to Housing/
Neighborhood/Preservation/INCREASE
appropriation for Portability Program re
rental subsidies
ADOPTED, BY
CONSENT
11-0
Y
Y
y
y
Y
Y
Y
Y
Y
Y
Y
K.
PUBLIC HEARING (BUDGET)
1. FY 2013-14 RESOURCE
MANAGEMENT PLAN/proposed
increase to SOLID WASTE
MANAGEMENT FEE/PLANNING
APPLICATIONS
Four (4) Speakers
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
L.
ORDINANCES: FY 2013-14
RESOURCE MANAGEMENT PLAN
SUBPART 1: Ordinances
ADOPTED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
1. APPROPRIATE $1,780,373,064 for
FY 2013-2014 for Operations
2. ESTABLISH Tax Levy on Real Estate
for FY 2014
3. ESTABLISH Tax Levy on Personal
Property/Machinery/Tools for 2014
4. AUTHORIZE an Annual Funding Plan
to HUD
5. APPROPRIATE $236,384/DECLARE
$7,350,000 within Sandbridge Tax
Increment Financing District as Surplus in
FY 2012-13 Budget
6. INCREASE Solid Waste Management
Fee
7. AMEND City Code Section 35-207
INCREASING the Cigarette Tax
8. AMEND Section 2-246/2-247 of City
Code for Department Name Alteration
9. Resolution to DIRECT City Manager
recoup certain expenses re Special Events
10. AMEND City Code re Lodging Tax
by extending its "Sunset"/ DECREASE
Sandbridge Special Service District Lodging
Tax
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
11. AMEND Section 35-280 of City Code
re License Requirement Fees
12. Resolution providing Certification to
VRS re Member Contributions by Salary
reduction
13. AMEND Section 2-72 of City Code
re elimination of compensation for
Personnel Board
14. AMEND Section 2-452.1 of City Code
re elimination of compensation for
Chesapeake Bay Area Preservation
Board
SUBPART 2: Ordinances
ADOPTED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
R
Y
Y
1. ADOPT FY 2014/FY 2019 CIP/
APPROPRIATE $274,950,286 for FY
2014 subject to funds being provided
2. AUTHORIZE Issuance of GO Public
Improvement Bonds of the City in
maximum of $68,120,000 for Various
Public Facilities/General Improvements
3. AUTHORIZE Issuance of Water/
Sewer System Revenue Bonds of the City
in maximum of $27,000,000
4. AUTHORIZE Issuance of Storm
Water Utility System Revenue Bonds of
the City in maximum of $12,500,000
SUBPART 3: Planning Ordinances
ADOPTED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
0
Y
Y
1. CITY OF VIRGINIA BEACH
(Budget) to AMEND the CZO:
RECOMMENDATION APPROVAL
a. Section 106 re fee for an appeal to
the BZA
b. Sections 107/108 re fees for
petition to amend/supplement/change
District boundaries/classification of
property/public notice signs
c. Section 221 re fees for CUP
d. Section 105 re application fee for
enlargement/extension/conversion of
Nonconforming Use
e. Section 1403(c) re fee for
application to Wetlands Board
f. Section 1603 re fee for application
S
DATE: 05/14/2013
PAGE:
3
S-
D
1-1
S
AGENDA
E
1-1
A
E
W
ITEM # SUBJECT
MOTION
VOTE
D
S
E
J
M
S
U
I
A
T
DN
0
MMS
H
L
W
V
E
VL
NOOOR
S
0
1
P
EEES
NMI
00
S
HR
Y
S
S
DS
NND
11. AMEND Section 35-280 of City Code
re License Requirement Fees
12. Resolution providing Certification to
VRS re Member Contributions by Salary
reduction
13. AMEND Section 2-72 of City Code
re elimination of compensation for
Personnel Board
14. AMEND Section 2-452.1 of City Code
re elimination of compensation for
Chesapeake Bay Area Preservation
Board
SUBPART 2: Ordinances
ADOPTED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
1. ADOPT FY 2014/FY 2019 CIP/
APPROPRIATE $274,950,286 for FY
2014 subject to funds being provided
2. AUTHORIZE Issuance of GO Public
Improvement Bonds of the City in
maximum of $68,120,000 for Various
Public Facilities/General Improvements
3. AUTHORIZE Issuance of Water/
Sewer System Revenue Bonds of the City
in maximum of $27,000,000
4. AUTHORIZE Issuance of Storm
Water Utility System Revenue Bonds of
the City in maximum of $12,500,000
SUBPART 3: Planning Ordinances
ADOPTED
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
1. CITY OF VIRGINIA BEACH
(Budget) to AMEND the CZO:
RECOMMENDATION APPROVAL
a. Section 106 re fee for an appeal to
the BZA
b. Sections 107/108 re fees for
petition to amend/supplement/change
District boundaries/classification of
property/public notice signs
c. Section 221 re fees for CUP
d. Section 105 re application fee for
enlargement/extension/conversion of
Nonconforming Use
e. Section 1403(c) re fee for
application to Wetlands Board
f. Section 1603 re fee for application
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
to Wetlands Board involving Coastal
Primary Sand Dunes
2. AMEND Section 8.3 re fee for a
Subdivision Ordinance Variance
3. AMEND Section 8-31 of City Code re
Addition of Review Fees for Residential
Building/Commercial Building/Fire Plans
4. AMEND Section 8-33 of City Code re
Fee Inspections of Elevators
5. AMEND Section 33-111.2 of City
Code re fees required for the Vacation
of public ways
6. AMEND Section 110 of the
Chesapeake Bay Preservation Area
Ordinance re fee for an application for
a Variance
M/1.
SCOTT ROBERTS/ROBERTS FAMILY
LTD PARTNERSHIP Alteration to Non-
APPROVED/
CONDITIONED,
BY CONSENT
11-0
Y
Y
Y
Y
Y
Y
Y
Y
R
Y
Y
Conforming Use to add a second story to
a single family home at 1306 Baltic Avenue
DISTRICT 6 — BEACH
2.
MILLER INVESTMENT, LLC
Modification of Proffers Nos. 1/2/7 of a
APPROVED/
AS PROFFERED,
BY CONSENT
11-0
Y
Y
Y
Y
Y
Y
Y
0
Y
Y
Y
Conditional COZ approved March 25,
1997 ADDING a drive-through window/
stacking lane at 1817 London Bridge Road
DISTRICT 7 - PRINCESS ANNE
3
MARRILYN DAVIS Modification of
APPROVED/
CONDITIONED,
BY CONSENT
11-0
Y
Y
Y
Y
Y
Y
Y
S
Y
Y
Y
Condition No. l of CUP for Child Day
DATE: 05/14/2013
PAGE:
4
APPROVED/
CONDITIONED,
BY CONSENT
11-0
Y
Y
Y
Y
Y
Y
S-
Y
Y
Y
Y
Compliance to the Oceanfront Resort
District Form -Based Code to construct
single family homes at 429 20th Street
DISTRICT 6 - BEACH
5.
CHALICE CHRISTIAN CHURCH CUP
APPROVED,
CONDITIONED,
BY CONSENT
D
Y
Y
Y
Y
H
S
Y
Y
Y
AGENDA
Y
to construct an addition to the existing
Church/renovate the building exterior at
5612 Haden Road
DISTRICT 4 - BAYSIDE
E
H
A
E
W
ITEM 4 SUBJECT
MOTION
VOTE
D
S
E
J
M
S
U
1
A
T
DNOMMS
HL
W
V
E
YL
NOOOR
S
0
I
P
EEES
NMI
00
S
HR
YS
S
DS
NND
to Wetlands Board involving Coastal
Primary Sand Dunes
2. AMEND Section 8.3 re fee for a
Subdivision Ordinance Variance
3. AMEND Section 8-31 of City Code re
Addition of Review Fees for Residential
Building/Commercial Building/Fire Plans
4. AMEND Section 8-33 of City Code re
Fee Inspections of Elevators
5. AMEND Section 33-111.2 of City
Code re fees required for the Vacation
of public ways
6. AMEND Section 110 of the
Chesapeake Bay Preservation Area
Ordinance re fee for an application for
a Variance
M/1.
SCOTT ROBERTS/ROBERTS FAMILY
LTD PARTNERSHIP Alteration to Non-
APPROVED/
CONDITIONED,
BY CONSENT
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Conforming Use to add a second story to
a single family home at 1306 Baltic Avenue
DISTRICT 6 — BEACH
2.
MILLER INVESTMENT, LLC
Modification of Proffers Nos. 1/2/7 of a
APPROVED/
AS PROFFERED,
BY CONSENT
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Conditional COZ approved March 25,
1997 ADDING a drive-through window/
stacking lane at 1817 London Bridge Road
DISTRICT 7 - PRINCESS ANNE
3
MARRILYN DAVIS Modification of
APPROVED/
CONDITIONED,
BY CONSENT
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Condition No. l of CUP for Child Day
Care, approved August 10, 2004 to
increase maximum number of children
at 1432 Glenwood Links Lane
DISTRICT 1 — CENTERVILLE
4
C and C DEVELOPMENT CO.,
INC/ATRIA PROPERTIES, LLC for a
Special Exception for Alternative
APPROVED/
CONDITIONED,
BY CONSENT
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Compliance to the Oceanfront Resort
District Form -Based Code to construct
single family homes at 429 20th Street
DISTRICT 6 - BEACH
5.
CHALICE CHRISTIAN CHURCH CUP
APPROVED,
CONDITIONED,
BY CONSENT
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
to construct an addition to the existing
Church/renovate the building exterior at
5612 Haden Road
DISTRICT 4 - BAYSIDE
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE: 05/14/2013
AGENDA
ITEM # SUBJECT
PAGE:
5
MOTION
VOTE
D
A
V
1
S
D
E
S
T
E
P
HR
DNOMMS
YL
EEES
H
E
YS
J
NOOOR
S
R
0
S
S-
H
A
M
NMI
DS
S
E
S
U
HL
NND
W
I
S
00
W
0
6.
HOLLOMON BROWN FUNERAL
HOME, INC. and TIDEWATER
CEMETERY CORP., Conditional COZ
APPROVED,
AS PROFFERED
10-0
Y
Y
Y
Y
A
B
S
T
A
I
N
E
D
Y
Y
Y
Y
Y
Y
from AG -2 to 0-2 for a funeral home at
3445 Princess Anne Road
DISTRICT 7 - PRINCESS ANNE
7.
SILVER HILL AT THALIA,
LLC/JULIA M. STAYLOR
Conditional COZ from R-7.5 to
APPROVED,
AS PROFFERED,
BY CONSENT
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Conditional A-12 to develop an adult
independent -living community at 4355
Bonney Road
DISTRICT 5 — LYNNHAVEN
8.
CITY to AMEND CZO re Section 1001
Establishing repair of Boats/Vessels as a
Conditional Use in 1-1
ADOPTED, BY
CONSENT
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
N.
APPOINTMENTS
HEALTH SERVICES ADVISORY
BOARD
MINORITY BUSINESS COUNCIL
COMMITTEE
SOCIAL SERVICES BOARD
RESCHEDULED
B
¥
C
0
NS
ENS
U
S
GREEN RIBBON COMMITTEE
APPOINTED
Unexpired thru
10.14.13 + 1 Year
Term to 10.14.14
Josh Clark of TBA
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
HISTORICAL REVIEW BOARD
APPOINTED
Unexpired thru
10.31.13 + 2 Year
Term to 10.31.15
Mary Ann Schmidt
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
OLD BEACH DESIGN REVIEW
COMMITTEE
APPOINTED
No Term
Travis Boyer
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
PUBLIC LIBRARY BOARD
APPOINTED
2 Year Term
06.01.13 — 06.30.15
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y
0/P/Q
ADJOURNMENT
6:49 PM
PUBLIC COMMENTS
6:49 PM — 6:50 PM
One (1) Speaker
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
DATE: 05/14/2013
AGENDA
ITEM # SUBJECT
PAGE:
6
MOTION
VOTE
D
A
V
I
S
D
E
S
TDNOMMS
E
P
HR
YL
E
H
EJ
EE
YS
NOOOR
S
S
R
0
S
S-
HS
A
MS
NMI
DS
E
UI
HL
NND
W
S
00
W
0
2013 CITY HOLIDAYS
Memorial Dap - May 27
Independence Dax - Thrtrsdap, Jrrh• 4
Labor Dap - i1arulap, September 2
Veterans /My - Mondap, .v'ovetnber 11
ThanAs;;rring Day A Dr{i' after ThttrtA4„,riving - Thnrsdav, ,A'avernher 28 & Friday, November 29
Christmas Eve /half -dap) - Tuesday, December 24
C''Irrtsinras Dap - Wednesday, December 25