MAY 27, 2014 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR W/LLlAM D. SESSOMS, JR.. At-Lage
VICE MAYOk LOUIS R. JONES, Bavside - Disti-ict 4
ROBERT M. DYER. Centerville - Disti-ict !
BARBARA M. HENLEY, Princess Aiine - Disti-ict 7
SHANNON DS KANE, Rose Hn[! Disti-ict 3
BRAD MART/N, P. E., At Lnrge
JOHN D. MOSS, At La-ge
AMELIA ROSS-HAMMOND, Kempsvi[le - Disti-ict 2
JOHN E. UHRIN, l3eadE - Disti-ict 6
ROSEMARY WLLSON, At-Large
JAiLfES L. WOOD, Lyinrhaven -District S
CITY COUNCIL APPOINTEES
ClTY MANAGER - JAMES K. SPORE
C/TYATTORNEY MARKD. ST/LES
C/TYASSESSOR JERALD D. BANAGAN
CITYAUDlTOR - LYNDONS. REMlAS
CITYCLERK - RUTH HODGES FRASER, MMC
CITY COUNCIL AGENDA
27 MAY 2014
I I. CITY MANAGER'S BRIEFINGS
A. INTERIM FINANCIAL STATEMENT
Patricia Phillips, Director - Finance
II II. CITY COUNCIL COMMENTS
II 111. CITY COUNCIL AGENDA REVIEW
II IV. INFORMAL SESSION
- Conference Room -
- Conference Room -
A. CALL TO ORDER - Vice Mayor Louis R. Jones
B. ROLL CALL COUNCIL
CITYHALL BUlLDING
2401 COURTHOUSE DRIVE
VIRGINlA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E- MAIL: Crycncl@vbgov.com
5:00 PM
5:30 PM I
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Vice Mayor Louis R. Jones
B. INVOCATION: Reverend Cheston Holomon
Pastor
St. Johns Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS May 13, 2014
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PUBLIC HEARING
1. LEASE OF CITY-OWNED PROPERTY
5694 Wesleyan Drive
1. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND Section 2-7 of the City Code re the Office of Volunteer Resources
2. Resolution to APPOINT Father James Parke as the City Council appointed Director of the
Office of Volunteer Resources
3. Ordinance to AMEND the FY 2013-14 Operating Budget of Housing and Neighborhood
Preservation
4. Resolution to DIRECT Staff to take certain actions re the development of a major sports and
entertainment arena
5. Ordinance to ACCEPT a Mine-Resistant Ambush Protected Vehicle re the SWAT program
6. Ordinances to AUTHORIZE the City Manager to EXECUTE:
a. Agreement with The Chesapeake Bay Foundation, Inc. re construction, dedication of
parking spaces, a pedestrian path and related improvements located along Winston Place
b. Lease with Ebenezer Baptist Church re additional parking at 5694 Wesleyan Drive
7. Resolution re the ISSUANCE of a by Revenue Bond not to exceed $10,000,000 by the Joint
Industrial Development Authority of Northampton County and its Incorporated Towns re the
Young Men's Christian Association (YMCA) of South Hampton Roads
Resolution re a Plan of Financing with the Development Authority for certain documents
prepared in connection with such financing and AUTHORIZING the execution and delivery of
the same
9. Resolution to PETITION the Commonwealth Transportation Board to transfer certain real
property re construction, reconstruction, alteration, maintenance or repair of various roadways
and AUTHORIZE the City Manager to EXECUTE documents to convey the rights-of-way
10. Resolution to GRANT permits to ALLOW Emergency Medical Services Agencies to operate:
in the City of Virginia Beach:
a. Eagle Medical Transports
b. American Lifeline Medical Transport
c. Lifeline Ambulance Service
d. Mid-Atlantic Regional Ambulance
e. Children's Hospital of the King's Daughters
f. Special Event Providers of Emergency Medicine
g. Nightingale Air Ambulance Service
h. Emergency Medical Response
i. Reliance Medical Transport
j. Medical Transport, LLC
11. Ordinance to EXEMPT Taxation on certain local Real and Personal Property used by the
Military Aviation Museum
12. Ordinance to ACCEPT and APPROPRIATE funds from the US Department of Homeland
Security to the Fire Department:
a. $25,090 re shelter kits at the new Kellam High School and an interoperable radio system
for the medical friendly shelter
b. $22,000 re Emergency Operations Center access to feeds from cameras at the Oceanfront
and certain intersections
13. Ordinance to TRANSFER funds re the "Thalia Station Revitalization and Conversion" for
the Thalia Fire Station No. 7:
a. $ 32,000 from the Chesapeake Beach Fire and EMS Station
b. $ 31,000 from the Fire and Rescue Station - Town Center (Thalia)
c. $ 13,000 from Police Special Operations
d. $ 25,000 from the CIT Fire Station Alerting System
e. $ 24,000 from various buildings HVAC replacements
f. $120,000 frorn Emergency Communications
g. $ 30,000 from Emergency Medical Services
J. PLANNING
1. Application of EBENEZER BAPTIST CHURCH for a Street Closure on portions of Norwich
Avenue, Burma Road and Wesleyan Drive re an expansion of a religious facility (parking lot) at
875 Baker Road
DISTRICT 4 - BAYSIDE
RECOMMENDATION
APPROVAL
2. Application of CROWN CASTLE USA, INC. for a relocation of a Nonconforming Structure re
a communication tower at Meadow Ridge Lane (deferred February 25, March 11 and
Apri18, 2014)
DISTRICT 7 - PRINCESS ANNE
RECOMMENDASTION
APPROVAL
3. Application of HAMPTON ROADS SANITATION DISTRICT (HRSD) far a Conditional
Use Permit re a communications tower and developing a"Smart Sewer System" at 645
Firefall Drive
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
4. Application of MILESTONE COMMUNICATIONS/HAMPTON ROADS SANITATION
DIS'FRICT for a Conditional Use Permit re a communications tower at 1434 Air Rail Avenue
DISTRICT 4 - BAYSIDE
RECOMMENDATION
APPROVAL
Application of TRACY DESJARDINS/RACHEL and JOHN DAVIS for a Conditional Use
Permit re a[Child] Daycare Home at 1521 Oak Knoll Lane
DISTRICT 1 - CENTERVILLE:
RECOMMENDATION
APPROVAL
6. Applications of VIRGINIA BEACH IL AL INVESTORS, LLC/CITY OF VIRGINIA
BEACH at South Independence Boulevard and Princess Anne Road
DISTRICT 1 - CENTERVILLE:
a. Modification of Proffers of a Change of Zoning (approved on February 8, 2011)
b. Conditional Use Permit re senior and disabled housing
RECOMMENDATION
APPROVAL
7. Application of RODNEY PRICE/DAM NECK CROSSING, LLC for a Conditional Use
Permit re motor vehicle (truck and trailer) rentals at 1630 General Booth Boulevard
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
8. Applications of KOCH DEVELOPMENT CO./SEA ESCAPE CORPORATION at 1701
Atlantic Avenue:
DISTRICT 6 - BEACH
a. Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based
Code.
b. Conditional Use Permit for outdoor recreation
RECOMMENDATION APPLICANT REQUESTS INDEFINITE DEFERRAL
9. Application of RONALD W. and GWENDOLYN L. DODSON for a Conditional Change of
Zoning from R-7.5 Residential to Conditional R-SD Residential for development of single-
family dwellings and to "preserve a historic oak tree" at 1652 and 1658 Kempsville Road
DISTRICT 1 - CENTERVILLE
STAFF'S RECOMMENDATION DENIAL
PLANNING COMMISSION'S RECOMMENDATION APPROVAL
10. Application of OCEANSIDE BUILDING/SHARON CAREY for a Conditional Change of
Zonin from R-15 Residential to Conditional R-10 Residential at 4157 Indian River Road re
development of single-family dwellings
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION APPROVAL
11. Application of MICHAEL D. SIFEN, INC./KIM GORDON HICKMAN, HICKMAN
PLANTATION SHOPPES, LLC, DOUGLAS C. and GLORIA J. BOND HICKMAN and
MARY HUNTER HICKMAN for a Conditional Change of Zonin? from R-20 Residential to
Conditional B-2 Community Business to be conducted at the "Hickman Historic House" at
2176, 2180, 2208 General Booth Boulevard
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION APPROVAL
K. APPOINTMENTS
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD
GREEN RIBBON COMMITTEE
PARKS and RECREATION COMMISSION
OPEN SPACE ADVISORY COMMITTEE
SOCIAL SERVICES BOARD
THE PLANNING COUNCIL
TIDEWATER COMMUNITY COLLEGE
TOWING ADVISORY BOARD
VOLUNTEER RESOURCES DIRECTOR
WETLANDS BOARD
2040 VISION TO ACTION COMMUNITY COALITION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
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If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
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CITY CO UNCIL MEETINGS RESCHED ULED
EFFECTIVE: JUNE 1, 2014
FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS
FIRST TUESDAYS: OPEN CITIZENDIALOGUE
SECOND/FOURTH TUESDAYS: WORKSHOPS - 4: 00-6: 00 PM
2014 CITYHOLIDAYS
Irzc?epexrdenc:e Dtg - Frr"dtg, .,Tc??v, 4
Lctbor° Dcr1' - .41ondrq, :Seplc,rmC???? I
Veterair? Dig - Tc??.ydett'r November-H
Thcrs??sgiving Day critd Diry afiei- Thank4gavin- -
1haarsdt€ ).,q Novembr°r 71 trrtd FF•it1k)7, :Yttvembee° 78
Chr•i.?tmas Eve (1ta?f=dqy) - 1?,etlracsdq,V, December 24
Cliristnatcs Da-v - Tiwrsdc?gr, Deceizaber- 25
CITY CO UNCIL RETREA T
Economic Development Office
Town Center
Monday, September 8, 2014
CITY MANAGER'S BRIEFINGS - Conference Room - 5:00 PM
A. INTERIM FINANCIAL STATEMENT
Patricia Phillips, Director - Finance
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION - Conference Room - 5:30 PM
A. CALL TO ORDER - Vice Mayor Louis R. Jones
B. ROLL CALL COUNCIL
C. RECESS TO CLOSED SESSION
I V. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Vice Mayor Louis R. Jones
B. INVOCATION: Reverend Cheston Holomon
Pastor
St. Johns Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS May 13, 2014
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PUBLIC HEARING
LEASE OF CITY-0WNED PROPERTY
5694 Wesleyan Drive
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PUBLIC HEARING
The Virginia Beach City Council will
hold a PUBLIC HEARING on the
proposed leasing of City-owned
property on Tuesday May 27, 2014
at 6:00 p.m. in the Council Chamber
of Ihe City HaII Building (Builtling k1)
at the VirgiNa Beach Municipal
Center, Virginia Beach, Virginia. The
purpose of this. hearing will be to
obtain public comment on the Ciry's
proposal to lease the following
property:
Approximately 2.3 acres of
undeveloped land located at
5694 Wesleyan Drive (GPIN:
1468 15-2253)
If you are physically disabled or
visualty Impalred and need
assistance at this meeting, please
cali the CITY CLERK'S OFFICE at 38'"r
4303; Hearing impafred, call TDD
711 (TDD - Telephone Device for the
Dealf).
Any questions concerning this matter
should be directed to the
Department of Management Services
- Facilities Management Office,
Room 228, Building 18, at the
Virginia Beach Municipal Center. The
Facillties Management Office
telephone number is (757)
385-5659.
Ruth Hodges Fraser, MMC
City Clerk
BeaconJune 8.2014 24081323
?
I. ORDINANCES/RESOLUTIONS
Ordinance to AMEND Section 2-7 of the City Code re the Office of Volunteer Resources
2. Resolution to APPOINT Father James Parke as the City Council appointed Director of the
Office of Volunteer Resources
3. Ordinance to AMEND the FY 2013-14 Operating Budget of Housing and Neighborhood
Preservation
4. Resolution to DIRECT Staff to take certain actions re the development of a major sports and
entertainment arena
5. Ordinance to ACCEPT a Mine-Resistant Ambush Protected Vehicle re the SWAT program
Ordinances to AUTHORIZE the City Manager to EXECUTE:
a. Agreement with The Chesapeake Bay Foundation, Inc. re construction, dedication of
parking spaces, a pedestrian path and related improvements located along Winston Place
b. Lease with Ebenezer Baptist Church re additional parking at 5694 Wesleyan Drive
6. Resolution re the ISSUANCE of a by Revenue Bond not to exceed $10,000,000 by the Joint
Industrial Development Authority of Northampton County and its Incorporated Towns re the
Young Men's Christian Association (YMCA) of South Hampton Roads
7. Resolution re a Plan of Financing with the Development Authority for certain documents
prepared in connection with such financing and AUTHORIZING the execution and delivery of
the same
Resolution to PETITION the Commonwealth Transportation Board to transfer certain real
property re construction, reconstruction, alteration, maintenance or repair of various roadways
and AUTHORIZE the City Manager to EXECUTE documents to convey the rights-of-way
9. Resolution to GRANT permits to ALLOW Emergency Medical Services Agencies to operate
in the City of Virginia Beach:
a. Eagle Medical Transports
b. American Lifeline Medical Transport
c. Lifeline Ambulance Service
d. Mid-Atlantic Regional Ambulance
e. Children's Hospital of the King's Daughters
£ Special Event Providers of Emergency Medicine
g. Nightingale Air Ambulance Service
h. Emergency Medical Response
i. Reliance Medical Transport
j. Medical Transport, LLC
10. Ordinance to EXEMPT Real and Personal Property Taxes re the Military Aviation Museum
11. Ordinance to ACCEPT and APPROPRIATE funds from the US Department of Homeland
Security to the Fire Department:
a. $25,090 re shelter kits at the new Kellam High School and an interoperable radio system
for the medical friendly shelter
b. $22,000 re Emergency Operations Center access to feeds from cameras at the Oceanfront
and certain intersections
12. Ordinance to TRANSFER funds re the "Thalia Station Revitalization and Conversion" for
the Thalia Fire Station No. 7:
a. $ 32,000 from the Chesapeake Beach Fire and EMS Station
b. $ 31,000 from the Fire and Rescue Station - Town Center (Thalia)
c. $ 13,000 from Police Special Operations
d. $ 25,000 from the CIT Fire Station Alerting System
e. $ 24,000 from various buildings HVAC replacements
f. $120,000 from Emergency Communications
g. $ 30,000 from Emergency Medical Services
City of Virgi_nia Beach
OUR NAZ'1
JAMES L. WOOD
COU NCILMAN - DISTRICT 5- LYNNHAVEN
(757) 340-8411
FAX (757) 340-2082
EMAIL: JLWOOD@VBGOV.COM
May 16, 2014
The Honorable Will Sessoms, Mayor
The Honorable Members of the Virginia Beach City Council
Dear Mayor Sessoms and Members of Council:
Vflg(?KCdNII
MUNICIPAL CENTER
CITY HALL, BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23458
As you know, the council agreed to appoint Father Jim Parke as Director of Volunteer Resources
to assume the role held by the late Mary Russo for over 25 years. I spoke with Fr. Parke on
Tuesday evening and he was very honored and is quite excited about taking on this challenge.
The Director of the Office of Volunteer Resources is a council appointment and the director
serves at the pleasure of council, similar to our other appointed officials.
The City Attorney has drafted a resolution appointing Fr. Parke to this position for the council's
consideration at the next meeting. In an abundance of caution, the City Attorney has drafted a
change to Section 2-7 of the City Code which deletes the words "without pay" since Fr. Parke
will be receiving a monthly stipend of $500.00 for expenses.
Unless someone objects, the resolution and ordinance are listed as requested by the entire
council. I will not be at the next formal council meeting where these items will be heard, but
hope that the council will act swiftly and favorably so that we can quickly establish new
leadership within this critical component of our city.
Sincerely,
?? Wood
Member, Virginia Beach City Council
Lynnhaven District
cc: City Manager
City Attorney
City Clerk
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CITY OF VIRGINIA BEACH
AGENDA ITEM ?
ITEMS: (1) A Resolution Appointing Father James Parke as the Director of the
Volunteer Resources Office
(2) An Ordinance to Amend Section 2-7 of the City Code Pertaining to the
Office of Volunteer Resources
MEETING DATE: May 27, 2014
¦ Background: The Office of Volunteer Resources serves to promote
volunteerism within City governmental agencies to enhance the economic, educational,
social and physical quality of the community and to support municipal services. Mary
Russo founded the Office of Volunteer Resources, and her many years of service
created a legacy of municipal philanthropy. Father James Parke is a retired Roman
Catholic priest who has served the Virginia Beach community in various roles. Father
Parke currently serves as the chair of the Human Rights Commission, and he has
expressed a willingness to continue to serve the community through the leadership of
the Office of Volunteer Resources.
¦ Considerations: City Code § 2-7 provides that the Director of the Office of
Volunteer Resources is appointed by the City Council and serves at the Council's
pleasure. The attached resolution appoints Father Parke and provides a stipend to
offset expenses related to his service in this position. The attached ordinance makes
technical edits to § 2-7 regarding the stipend and the nature of the duties of the Director.
¦ Public Information: Public information will be provided through the normal
Council agenda process.
¦ Recommendation: Approve the attached resolution and ordinance.
¦ Attachments: Resolution; Ordinance
REQUESTED BY CITY COUNCIL
REQUESTED BY CITY COUNCIL
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AN ORDINANCE TO AMEND SECTION 2-7
OF THE CITY CODE PERTAINING TO THE
OFFICE OF VOLUNTEER RESOURCES
Section Amended: § 2-7
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-7 of the Virginia Beach City Code is hereby amended and
reordained to read as follows:
Sec. 2-7. Office of volunteer resources; director.
The office of volunteer resources shall promote volunteerism within city
governmental agencies to enhance the economic, educational, social and physical
quality of the community and to support municipal services valued by citizens of the city.
The city council shall appoint a director of the office of volunteer resources, who shall
serve ' at the pleasure of the city council and shall provide leadership
and quidance for se^r^'ute -the programs and activities of the
roooUrnos ard volunteers of the city.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of .2014.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA13021
R-3
May 21, 2014
REQUESTED BY CITY COUNCIL
1 A RESOLUTION TO APPOINT FATHER JAMES PARKE AS
2 THE DIRECTOR OF THE CITY OF VIRGINIA BEACH
3 OFFICE OF VOLUNTEER RESOURCES
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5 WHEREAS, Father James E. Parke ("Father Parke") is a retired priest with
6 almost fifty years of dedicated service in various capacities, including serving the
7 parishioners of Church of the Ascension and Church of the Holy Apostles, both of which
8 are in the City of Virginia Beach;
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10 WHEREAS, Father Parke was appointed to the Virginia Beach Human Rights
11 Commission in 2008 and currently serves as the Commission's chair;
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13 WHEREAS, Father Parke has expressed a willingness to continue to serve the
14 community through the Office of Volunteer Resources;
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16 WHEREAS, Father Parke has demonstrated throughout his career the
17 compassionate leadership and interpersonal skills that are needed for the position of
18 Director of the Office of Volunteer Resources; and
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20 WHEREAS, pursuant to City Code § 2-7, the Director of the Office of Volunteer
21 Resources is appointed by City Council and serves at the Council's pleasure.
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23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA, THAT:
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26 Father James E. Parke is hereby appointed to serve as the Director of the Office
27 of Volunteer Resources, and for time and expenses related to his service in this
28 position, Father Parke shall be provided a monthly stipend in the amount of $500.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2014.
APPROVED AS TO LEGAL SUFFICIENCY:
...--
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Z?ittorney's ffice
CA13019
R-1
May 15, 2014
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CITY OF VIRGINIA BEACH
AGENDAITEM
ITEM: An Ordinance to Amend the FY 13-14 Operating Budget of the Department of
Housing and Neighborhood Preservation
MEETING DATE: May 27, 2014
¦ Background: The Department of Housing and Neighborhood Preservation
requests changes to its FY 2013-14 Operating Budget. These changes are needed for
three reasons: to appropriate program income received above the appropriated
amounts in FY 2012-13 and in the current year; to adjust appropriations for the Housing
Choice Voucher (HCV) program to match actual funding amounts received; and to
appropriate available "net restricted assets" for the Housing Choice Voucher program to
be used in combination with the actual available funding to balance funding and
expenditures.
The actual amount to be appropriated totals $552,601. A breakdown of the amounts, by
program, is listed on the next page.
¦ Considerations: Without the appropriation of these funds, such funds cannot be
used for the intended purpose.
¦ Public Information: Public information will be provided by the regular agenda
publication process.
¦ Recommendation: Approval of the attached ordinance.
¦ Attachments: Ordinance; Attachment (detail of amounts)
Recommended Action: Approval n
Submitting DepartmentlAgency: rt ent of Housing and Neighborhood
Preservation
City Manager: V. h-At
Attachment to Ordinance to Amend DHNP FY 13-14 Budget
Amounts to be appropriated and description
Amount Source Ex lanation/Descri tion
$210,214 Federal Housing This adjusts the appropriation to account for half
Choice Voucher (HCV) of calendar year 2014 funding to be used through
funding 6/30/14
$210,000 Fund Balance Unexpended funds from prior years to be used
according to HUD requirements.
$41,877.71 CDBG FY 12-13 Each year the department estimates the amount of
Program income program income (payoffs from existing secured
housing rehabilitation loans) and that amount is
appropriated in the budget. Once the fiscal year is
closed out, the actual final amount is known and
must be appropriated before being utilized.
$90,509.33 HOME FY 12-13 and Same explanation as above for FY 2012-13
FY 13-14 Program Program income. For FY 2013-14 program
Income income, due to several large loan payoffs, the
amount of program income received in the
current fiscal year has already exceeded the
amount appropriated. Due to the size of this
amount, it is being appropriated so it can be used
in a timely manner.
Note: HUD restrictions on funding utilization as well as the utilization of funds to date mean that
the HCV funding must all be used for direct housing assistance payrnents; the CDBG and
HOME funding must be used for "sticks and bricks" or direct housing assistance and cannot be
used for administrative funding or program services.
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AN ORDINANCE TO AMEND THE FY 2013-14
OPERATING BUDGET OF THE DEPARTMENT OF
HOUSING AND NEIGHBORHOOD PRESERVATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA THAT:
The Department of Housing and Neighborhood Preservation's FY 2013-14 Operating
Budget is hereby modified in the amounts and purposes set forth below:
1. $210,214 is hereby appropriated for rental assistance programs (Housing Choice
Voucher), with federal revenue increased accordingly;
2. 210,000 is hereby appropriated for rental assistance programs, with specific fund
reserves revenue increased accordingly;
3. $41,878 is hereby appropriated from Community Development Block Grant
program funds, with federal revenue increased accordingly; and
4. $90,509 is hereby appropriated from HOME program funds, with federal revenue
increased accordingly.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of 12014.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
Budget d M nagement Services
APPROVED AS TO LEGAL
SUFFICIENCY:
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Xey% ' O ice
CA13008
R-1
May 6, 2014
N(Z°-
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CITY OF VIRGINIA BEACH
AGENDAITEM
ITEM: A Resolution Directing Staff to Take Certain Actions Regarding the
Development of a Major Sports and Entertainment Arena
MEETING DATE: May 27, 2014
¦ Background: on November 8, 2013, the City of Virginia Beach (the "City")
received an unsolicited conceptual proposal under the Virginia Public-Private Education
Facilities and Infrastructure Act (the "PPEA") and PPEA Guidelines adopted by City
Council (the "Guidelines") from the W.M. Jordan Company ("W.M. Jordan") for the
development of a major sports and entertainment arena adjacent to the Virginia Beach
Convention Center (the "W.M. Jordan Proposal").
City Council directed City staff to accept the W.M. Jordan Proposal and solicit
completing proposals for ninety (90) days . On February 17, 2014, the City received a
proposal from United States Management ("USM") to construct and operate an arena
similar to that proposed by the W.M. Jordan Proposal (the "USM Proposal" and,
collectively with the W.M. Jordan Proposal, the "Proposals").
On February 25, 2014, City Council informally directed staff to 1) accept the USM
Proposal, 2) to form a Citizen's Communication Committee to gather input from the
community on the Proposals, and 3) to begin evaluating the Proposals.
On May 13, 2014, City staff reported its initial findings to City Council regarding the
viability of the Proposals. Each Proposal requests that the City bear the cost of all
infrastructure (including parking, stormwater, and road improvements) necessary to
support an arena. The costs of such improvements are being investigated at this tirrse
and should be ready for evaluation by City Council by early July 2014.
City Council desires that staff proceed as follows:
(1) proceed with negotiations with USM in an attempt to develop an
acceptable term sheet for the construction and operation of a privately fiunded arena,
(2) refrain from further actions under the PPEA process and the W.M. Jordan
Proposal until the conclusion of negotiations with USM,
(3) continue consulting the Citizen's Communication Committee as
necessary, and
(4) determine the cost of public infrastructure needed in connection with the
development of an arena and prepare a report for review and consideration by City
Council.
¦ Considerations: Moving forward with the preceding actions will allow
negotiations with USM towards an acceptable term sheet, while simultaneously
evaluating the costs of infrastructure improvements. If mutually acceptable terms
cannot be reached with USM, City Council could still attempt negotiations with W.M.
Jordan. If the costs of infrastructure improvements to be borne by the public are riot
acceptable to City Council, all negotiations would cease.
¦ Public Information: Advertisement of City Council Agenda.
¦ Alternatives: Adopt the Resolution as presented, modify the Resolution, or
decline to adopt the Resolution
¦ Recommendations: Approval
¦ Attachments: Resolution
Recommended Action: Approval
Submitting Department/Agency: City Manager
City Manager: ? ?. ???
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A RESOLUTION DIRECTING STAFF TO
TAKE CERTAIN ACTIONS REGARDING THE
DEVELOPMENT OF A MAJOR SPORTS AND
ENTERTAINMENT ARENA
WHEREAS, on November 8, 2013, the City of Virginia Beach (the "City")
received an unsolicited conceptual proposal under the Virginia Public-Private Education
Facilities and Infrastructure Act (the "PPEA") and PPEA Guidelines adopted by City
Council (the "Guidelines") from the W.M. Jordan Company ("W.M. Jordan") for the
development of a major sports and entertainment arena adjacent to the Virginia Beach
Convention Center (the "W.M. Jordan Proposal");
WHEREAS, City Council directed City staff to accept the W.M. Jordan Proposal
and solicit competing proposals for a period of ninety (90) days;
WHEREAS, on February 17, 2014, the City received a competing conceptual
proposal from United States Management ("USM") for the development of an arena
adjacent to the Virginia Beach Convention Center (the "USM Proposal" and, collectively
with the W.M. Jordan Proposal, the "Proposals");
WHEREAS, on February 25, 2014, City Council informally directed staff to accept
the USM Proposal, to form a Citizen's Communication Committee to gather input from
the community on the Proposals (the "Citizen's Committee"), and to begin evaluating
the Proposals,
WHEREAS, on May 13, 2014, City staff reported its initial findings to City Council
regarding the viability of the Proposals; and
WHEREAS, City Council is of the opinion that the development of a draft term
sheet with USM will assist in quantifying the required public participation to construct
and operate a privately financed arena.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby directs City staff as follows:
1) pursue negotiations with USM towards the development of a draft term sheet
for the construction and operation of a privately financed arena adjacent to the Virginia
Beach Convention Center, which term sheet will be presented to City Council for action
on a future date;
2) hold the PPEA process and the W.M. Jordan Proposal in abeyance pending
the outcome of further negotiations with USM;
45
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3) prepare a report determining the scope and cost of public infrastructure
improvements needed for the development of an arena adjacent to the Virginia Beach
Convention Center; and
4) continue involvement of the Citizen's Committee in the process of
development of an arena.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2014.
APPROVED AS TO CONTENT:
?
City Manager's Office
APPROVED AS TO LEGAL
SUFFICIENCY:
___---
City Attorney's Office
CA13020
1\vbgov.com\DFS1 V>,pplications\CityLawProd\cycom32\W pdocs\D014\P018\00128401.docx
R-1
May 16, 2014
APPROVED AS TO CONTENT
.J ' fi , + ( '? Pr •
Department of Finance
`??'?A BE,?,H iJT
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CITY OF VIRGINIA BEACH
_ AGENDAITEM ,
ITEM: An Ordinance to Accept a Mine-Resistant Ambush Protected Vehicle
MEETING DATE: May 27, 2014
¦ Background: The City applied for and has a Mine-Resistant Ambush Protected
(MRAP) vehicle from the Federal Law Enforcement Support Office program, through the
Department of Defense. The vehicle will be used by the Police Department's SWAT
Team for its operations and rescues and will allow the replacement of an existing
Humvee surplus military vehicle.
¦ Considerations: There may be some fuel and maintenance costs associated
with this acceptance, but the City Garage believes the operational costs will be less
than the Humvee it is replacing.
¦ Public Information: Public information will be provided through the normal
Council Agenda process.
¦ Recommendations: It is recommended that Council accept the donation.
¦ Attachments: Ordinance, Exhibit (Picture)
Recommended Action: Approval
Submitting DepartmenUAgency: Police / City Garage
City Manage • ?7 ? ?
EXHIBIT
MINE-RESISTANT AMBUSH PROTECTED (MRAP) VEHICLE
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AN ORDINANCE TO ACCEPT A MINE-RESISTANT
AMBUSH PROTECTED VEHICLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
A donation of a Mine-Resistant Ambush Protected (MRAP) vehicle from the
Federal Law Enforcement Support Office program is hereby accepted to further the
Police Department's SWAT program.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 2014.
APPROVED AS TO CONTENT:
Budget and Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
Cit O ice
CA13023
R-1
May 16, 2014
c «p .;?r
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the City Manager to Execute an Agreement Between
the City of Virginia Beach and The Chesapeake Bay Foundation, Inc. for the
Construction and Dedication of Parking Spaces, a Pedestrian Path and Related
Improvements to be Located on City Property Along Winston Place.
MEETING DATE: May 27, 2014
¦ Background: The Chesapeake Bay Foundation, Inc., a non-profit Maryland
corporation ("CBF") is building an environmental center on its property located at
Pleasure House Point. In connection with the construction of the environmental center,
CBF has proposed to construct and dedicate parking spaces, a pedestrian path and
related improvements (the "Improvements") on property owned by the City of Virginia
Beach (the "City") located along Winston Place between E. StratFord Road and Loch
Haven Crescent.
The City and CBF have negotiated an agreement setting forth the terms and conditions
for the construction and dedication of the Improvements (the "Agreement"). Upon
completion of construction, the Improvements would become the sole property of the
City. The Improvements would be available on a first-come, first-served basis for boty
the public to use and for employees and invitees of CBF to use.
¦ Considerations: CBF would be solely responsible for all costs related to the
construction of the Improvements. The Agreement contains no provision for the
maintenance, repair or replacement of the Improvements; however the Department of
Parks and Recreation intends to seek funding for this through the City's normal budget
process. CBF would have the right to maintain its directional sign that is part of the
Improvements.
¦ Public Information: Advertisement of City Council Agenda.
¦ Alternatives: Approve the Ordinance as presented, deny approval of thP
Ordinance, or add conditions or modifications as desired by Council.
¦ Attachments: Ordinance
Summary of Terms
Location Map
Recommended Action: Approval
Submitting Department/Agency: Department of Parks and Recreation ?
City Manage • S? '?q?
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE AN AGREEMENT
3 BETWEEN THE CITY OF VIRGINIA BEACH AND THE
4 CHESAPEAKE BY FOUNDATION, INC. FOR
5 CONSTRUCTION AND DEDICATION OF PARKING
6 SPACES, A PEDESTRIAN PATH AND RELATED
7 IMPROVEMENTS TO BE LOCATED ON CITY
8 PROPERTY ALONG WINSTON PLACE
9
10 WHEREAS, the City of Virginia Beach (the "City") and The Chesapeake Bay
11 Foundation, Inc. ("CBF") desire to enter into an agreement (the "Agreement") for the
12 construction of parking spaces, a pedestrian path and related improvements (the
13 "Improvements") in connection with the environmentat center CBF is constructing on its
14 property located at Pleasure House Point;
15
16 WHEREAS, the Improvements would be located on City property along Winston
17 Place between E. Stratford Road and Loch Haven Crescent;
18
19 WHEREAS, the Improvements would be available for both the public and
20 employees and invitees of CBF to use;
21
22 WHEREAS, CBF would be responsible for all construction costs related to the
23 Improvements, and the City would have no responsibility for construction costs related
24 to the Improvements; and
25
26 WHEREAS, upon completion of construction, CBF would dedicate the
27 Improvements to the City.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA:
31
32 That the City Manager or his designee is hereby authorized and directed to
33 execute an Agreement between the City of Virginia Beach and Chesapeake Bay
34 Foundation, Inc. for the construction and dedication of parking spaces, a pedestrian
35 path and related improvements, in accordance with the Summary of Terms attached
36 hereto as Exhibit A and made a part hereof, and such other terms, conditions or
37 modifications as may be acceptable to the City Manager and in a form deemed
38 satisfactory by the City Attorney.
39
cil of the City of Virginia Beach, Virginia on the day
40 Adopted by the C7,2014.
41 of Approved as to
Dept. oFParks and Recreation
Approved as to Content:
FJI;QQ;4? 8 - ? f
Dept. of ublic Works
Approved as to Content:
Public Utifities
CA12956
t\vbgov.comlDFSlV4pplica6onslCiiyLawProdlcycom32\W pdocs1DD251P017U10124714.DOC
May 14, 2414 .
R-1
Approved as to Le.gal Sufficiency:
City Attomey's Office
J
EXHIBIT A
SUMMARY OF TERMS
PARTIES: City of Virginia Beach (the "City")
The Chesapeake Bay Foundation, Inc. ("CBF")
PURPOSE: To memorialize the rights and responsibilities of each party with respect to
the construction and dedication of approximately 27 parking spaces, a
pedestrian path and related improvements (the "Improvements") to be
located on City-owned property located along Winston Place between
E. StratFord Road and Loch Haven Crescent.
RIGHTS AND RESPONSIBILITIES OF CBF:
• Cause the design plans to be prepared and approved for the Improvements.
• Obtain all permits and inspections necessary for construction of the Improvements.
• Complete construction of the Improvements in good and workman-like manner.
• Pay for all construction costs related to the Improvements.
• Dedicate the Improvements to the City with written acceptance by the City.
• Maintain insurance during construction of the Improvements.
• Indemnify and hold the City harmless from any damages to person or property during
construction of the Improvements, and the costs associated with construction
including, without limitation, violations of environmental laws.
• Has the right to maintain its directional sign.
RIGHTS AND RESPONSIBILITIES OF CITY:
• No responsibility for construction costs related to the Improvements.
• Provide written acceptance of Improvements upon completion.
• Will retain sole discretion to relocate the Improvements at City's expense.
OTHER TERMS AND CONDITIONS:
' The agreement contains no provision for repair, maintenance or replacement of the
Improvements once they become City property.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance authorizing the City Manager to execute a lease for five
years or less with Ebenezer Baptist Church for the use of City-owned
property located at 5694 Wesleyan Drive (GPIN: 1468-15-2253)
MEETING DATE: May 27, 2014
¦ Background: Ebenezer Baptist Church (the "Church") would like to lease a
2.3+/- acre parcel of undeveloped land located at 5694 Wesleyan Drive (the "Premises")
from the City of Virginia Beach to be used as additional parking for Church patrons.
The Premises was acquired from Campus East Associates, Inc. for $275,000 on
September 5, 1990 and was originally intended as a potential site for a fire station. The
Premises was recently used as a staging area in connection with the Wesleyan Drive
Road Improvements Project. The contractor has recently concluded his use of the site.
The Church is located across Baker Road from the Premises. The Church's
current parking lot does not provide sufficient parking for the number of church patrons
attending their services and other events hosted by the Church.
The Church has provided services to the community in allowing its building to
serve as a voting site, providing dental care to the needy, and engaging in the Mayor's
challenge for financial literacy.
The Church is considering a purchase of the Premises but seeks to pursue a
lease pending that ultimate decision. The Premises is being appraised to determine an
appropriate sales price, and the City staff is evaluating if the Premises is excess of
needs of the City.
¦ Considerations: This lease would be for $1.00 per year for a term of one (1) year,
with four (4) one-year renewals. Other terms are set forth in the attached Summary of
Terms.
¦ Public Information: Advertisement of City Council Agenda.
Advertisement of Public Hearing.
¦ Alternatives: Approve terms of proposed lease as presented, alter terms of the
proposed 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 Office PAD
City Manager: l ?
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE FOR FIVE
YEARS OR LESS WITH EBENEZER BAPTIST
CHURCH FOR THE USE OF CITY-OWNED
PROPERTY LOCATED AT 5694 WESLEYAN DRIVE
(GPIN: 1468-15-2253)
WHEREAS, the City of Virginia Beach (the "City") is the owner of that
certain 2.3 +/- acre parcel of undeveloped land located at 5694 Wesleyan Drive
and more particularly described on Exhibit "A" attached hereto (the "Premises");
WHEREAS, Ebenezer Baptist Church (the "Church") has requested to
lease the Premises for $1.00 per year, and will perForm all required maintenance;
WHEREAS, the Church engages in many civic activities, including, but not
limited to, serving as an election location, providing dental care to the needy, and
providing financial literacy programs for citizens of the City;
WHEREAS, the Church desires to use the Premises in order to provide
additional parking for its patrons;
WHEREAS, the Church would like to enter into a formal lease with the
City for the Premises pursuant to the Summary of Terms attached hereto as
Exhibit "B"; and
WHEREAS, the Premises will be utilized for additional parking and for no
other purpose.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a lease for a term
of one (1) year, with the option to renew for four (4) one-year terms, befinreen the
Church and the City, for the Premises in accordance with the Summary of Terms
attached hereto and such other terms, conditions or modifications as may be
deemed acceptable by the City Manager and in a form deemed satisfactory by
the City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of )2014.
CA12783
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APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
r ?. j l?/1/'? ? ?
Citjr At rney
APPROVED AS TO CONTENT
Facilities Ma agement/ ublic Works
Exhibit "A"
5694 Wesleyan Drive (the "Premises")
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, Virginia and being
known, numbered and designated as "GPIN: 1468-15-
2253 PARCEL A M.B. 169 PG. 15 CITY OF VIRGINIA
BEACH D.B. 2936 PG. 2186," and further described as
"RESIDUAL PARCEL AREA 102,845 SQ.FT. 2.361
ACRES," as shown on that certain plat entitled, "PLAT
SHOWING RIGHT-OF-WAY AND EASEMENT HEREBY
ESTABLISHED ON THE PROPERTY OF CITY OF
VIRGINIA BEACH FOR WESLEYAN DRIVE
IMPROVEMENTS CIP 2-145, PWCN 09-0381 VIRGINIA
BEACH, VIRGINIA," Scale: 1" - 30', dated April 14,
2011, prepared by NXL, which plat was recorded in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia as instrument Number
20110727000757000, to which reference is made for a
more particular description.
IT BEING the same property conveyed to the City of
Virginia Beach by Deed from Campus East Associates,
Inc., dated August 21, 1990 and recorded in the
aforesaid Clerk's Office in Deed Book 2936, at page
2186.
EXHIBIT "B"
SUMMARY OF TERMS
LESSOR: City of Virginia Beach ("City")
LESSEE: Ebenezer Baptist Church (the "Church")
PREMISES: 5694 Wesleyan Drive (GPIN: 1468-15-2253), consisting of
approximately 2.3 acres
TERM: June 1, 2014, through May 31, 2015, with 4 one-year renewal
options
RENT: $1.00 per year
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Will use the Premises for additional parking to serve Church patrons.
• Entry from Baker Road is prohibited. Entry shall only be from the entrance
on Wesleyan Drive, east of the intersection of Wesleyan Drive and Baker
Road.
• Will keep, repair, and maintain the Premises at its expense.
• 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. Lessee 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.
• Will indemnify the Lessor against all claims, liabilities, damages, losses or
expenses as a result of the Lessee's use of the Premises.
TERMINATION: The City may terminate the lease at any time without cause
upon thirty (30) days' written notice.
.?',95
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution to Approve and Concur with the Issuance by the Joint Industrial
Development Authority of Northampton County and Its Incorporated Towns of
a Revenue Bond in an Amount not to Exceed $10,000,000 for the Benefit of
the Young Men's Christian Association of South Hampton Roads, and upon
which the City Shall not Have Any Payment Obligation
MEETING DATE: May 27, 2014
• Background: The City of Virginia Beach has been asked to consider the request
of the Young Men's Christian Association of South Hampton Roads ("YMCA" or
the "Applicant") for concurrence with the issuance by the Joint Industrial
Development Authority of Northampton County and Its Incorporated Towns (the
"Northampton Authority") of up to $10,000,000 in Bank-Qualified revenue bonds to
assist the Applicant in (A) constructing and equipping a YMCA family center and
related athletic and recreational facilities (including a 50-meter Olympic competition
pool) (the "Project"); and (B) paying the costs of issuance of the Bond (collectively,
the "Plan of Finance").
The City of Virginia Beach Development Authority is unable to provide "Bank-
Qualified" financing to the Applicant. Bank-Qualified bonds are a type of municipai
bond issued by jurisdictions that issue less than $10 million of tax-exempt bonds irl
a calendar year.
Bank-Qualified bonds are specifically excluded from the multi-jurisdictional bond
fee policy adopted by the Virginia Beach Development Authority.
• Considerations: The matter comes before Council for its approval pursuant to ?
15.2-4905 of the Code of Virginia, which requires the City Council to concur with
the issuance of the bonds by the Northampton Authority.
• Public Information: The request was duly advertised on April 29 and May 6,
2014 for public hearing before the City of Virginia Beach Development Authorify,
which has adopted a Resolution recommending that the City Council approve the
issuance of the bonds.
• Alternatives: Not approve, which would result in the bonds not being issued for
the Project.
• Recommendations: Approval
• Attachments:
Location Map
Development Authority's Submission to Council
Resolution for City of Virginia Beach
Notice of Public Hearing
Record of Public Hearing
Development Authority, s Resolution
Authority's Statement
Fiscal Impact Statement
Summary Sheet
Letter from Department of Economic Development dated May 20, 2014
Concurrence Resolution from the Joint Industrial Development Authority of
Northampton County and its Incorporated Towns
Disclosure Statement
Recommended Action: Approval
Submitting Department / Agency: Economic Developmen
?
City Manager: ? ?"' `
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A RESOLUTION TO APPROVE AND CONCUR WITH
THE ISSUANCE BY THE JOINT INDUSTRIAL
DEVELOPMENT AUTHORITY OF NORTHAMPTON
COUNTY AND ITS INCORPORATED TOWNS OF A
REVENUE BOND IN AN AMOUNT NOT TO EXCEED
$10,000,000 FOR THE BENEFIT OF THE YOUNG
MEN'S CHRISTIAN ASSOCIATION OF SOUTH
HAMPTON ROADS, AND UPON WHICH THE CITY
SHALL NOT HAVE ANY PAYMENT OBLIGATION
WHEREAS, the City Council of the City ("City Council") has been advised that
there was described to the City Qf Virginia Beach Development Authority (the
"Authority") the plans of the Young Men's Christian Association of South Hampton
Roads, a Virginia non-stock, non-profit corporation ("YMCA" or the "Borrower") the
principal business address of which is 920 Corporate Lane, Chesapeake, Virginia, for
the issuance by the Joint Industrial Development Authority of Northampton County and
its Incorporated Towns (the "Northampton Authority") of its Revenue Bond in an
aggregate principal amount not to exceed $10,000,000 (the "Bond"), to assist the
Borrower in (a) constructing and equipping a YMCA family center and related athletic
and recreational facilities (the "Project") to be located on an approximately ten (10) acre
parcel at the northeast corner of Dam Neck Road and Landstown Road in the City of
Virginia Beach, Virginia (the "City"), and (b) paying the cost of issuing the Bond;
WHEREAS, the Council has been advised that the Northampton Authority held a
public hearing with respect to the Bond, as required by the Industrial Development and
Revenue Bond Act (Title 15.2, Chapter 49 of the Code of Virginia of 1950), as amended
(the "Act"), and the Internal Revenue Code of 1986, as amended (the "Code"), on May
12, 2014, and that the Northampton Authority adopted an approving resolution (the
"Northampton Authority Resolution") with respect to the Bond on that date, and that the
Northampton County Board of Supervisors approved the Northampton Authority's
issuance of the Bond at its meeting held on May 13, 2014, in accordance with the Act
and the Code;
WHEREAS, because the Project is located entirely within the boundaries of the
City, (i) Section 15.2-4905 of the Act requires that City Council concur with the adoption
of the Northampton Authority Resolution as a condition precedent to the Northampton
Authority's issuance of the Bond, and (ii) the Code requires that the highest elected
governmental officials of the City approve the issuance of the Bond as a condition
precedent to the treatment of the interest on the Bond as exempt from federal income
taxation;
WHEREAS, City Council has been advised that the Authority held a public
hearing with respect to the Bond on May 20, 2014, and adopted a resolution on that
date recommending that City Council concur with the Northampton Authority
Resolution; and
46 WHEREAS, a reasonabiy detailed summary of the comments expressed at the
47 Authority's public hearing with respect to the Bond, a statement in the form prescribed
48 by Section 15.2 4907 of the Act, and a copy of the Authority's resolution recommending
49 that the City Council approve and concur with the issuance of the Bond have been filed
50 with the City Council.
51
52 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
53 OF VIRGINIABEACH:
54
55 1. That City Council approves and concurs with the issuance of the Bond by
56 the Northampton Authority to the extent required by the Code and the Act.
57
58 2. That approval of and concurrence with the issuance of the Bond, as
59 required by the Code and the Act, does not constitute an endorsement to a prospective
60 purchaser of the Bond or the creditworthiness of the Borrower, and the Bond shall
61 provide that the City shall not be obligated to pay the Bond or the interest thereon or
62 other costs incident thereto and neither the faith or credit nor the taxing power of the
63 Commonwealth of Virginia or the City shall be pledged thereto.
64
65 3. That this resolution shall take effect immediately upon its adoption.
66
67 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 27th
68 day of May, 2014, by vote as set forth on Exhibit A attached hereto.
APPROVED AS TO CONTENT:
Economic Development
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney
CA12957
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May 19, 2014
EXHIBIT A
NAME
MAYOR WILLIAM D. SESSOMS, JR.
VICE MAYOR LOUIS R. JONES
ROBERT M. DYER
BARBARA M. HENLEY
SHANNON DS KANE
BRAD MARTIN
JOHN D. MOSS
AMELIA N. ROSS-HAMMOND
JOHN E. UHRIN
ROSEMARY WILSON
VOTE
JAMES L. WOOD
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VIRGINIA BEACH
May 20, 2014
The Honorable William D. Sessoms, Jr., Mayor
Members of City Council
Municipal Center
Virginia Beach, Virginia 23456
Re: Concurring the issuance of Revenue Bonds by the Joint Industrial Development
Authority of Northampton County and its Incorporated Towns ("Northampton County")
for Young Men's Christian Association of South Hampton Roads in ccnnection with the
Princess Anne Family YMCA at Landstown Commons
Dear Mayor Sessoms and Members of Council:
We submit the following in connection with Young Men's Christian Association of South
Hampton Roads Princess Anne Family YMCA project located at 3789 Dam Neck Road (GPIN:
1484-79-2884) and 2121 Landstown Road (GPIN: 1484-79-2434), in the City of Virginia
Beach, Virginia.
1. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary
of the statements made at the public hearing is attached as Exhibit B.
2. The City of Virginia Beach Development Authority's (the "Authority's") resolution
recommending Council's approval is attached as Exhibit C.
3. The statement of the Authority's reasons for its approval of the issuance of the bonds
as a benefit for the City of Virginia Beach and its recommendation that the City Council approve
the bonds described above is attached as Exhibit D.
4. The Fiscal Impact Statement is attached as Exhibit E.
5. A summary sheet setting forth the type of issue, and identifying the project and the
principals of the applicant is attached as Exhibit F.
6. A letter from the Department of Economic Development commenting on the project
is attached as Exhibit G.
7. An Inducement Resolution from Northampton County is attached a.s Exhibit H.
8. The Disclosure Statement is attached as Exhibit I.
222 Cenlral Park Ave, Suile 1000 0 Virginia Beor,h, Virginio 23462 • ph 757385,6464 nr 800.499,4567 • fox 757494,4891
The Honorable William D. Sessoms, Jr., Mayor
Members of City Council
May 20, 2014
Page 2
JWR/AWS
Enclosures
Ad ID
24057650 Date 04/24/2014
NOTICE 4F PUBLIC HEARIMG BY
THE CtTY OF VIRGCNIA BEACH
DEVELORMENT AUTHt3RITY (3N
THE APPRQVAL QNa
Ct3NCURRENCE BY THE C17Y OF
VIRGthIIA BEACM WITH THE
PROPC?SE[3 ISSEJQNCE BY THE
JOtN7 INDEJSTRIAL
DE'VELOPMENT AUTHt}R17Y OF
N{?RTHA?MPTON Ct3EJNTY AND
ITS INGt7RPORA7E[! T€}WNS C?F
A REVENtJE BaND IN
COMNECTION YVITH Q PLAN C3F
FIMANCE BY THE Yt)EING MEN'S
CHRtS7IAN ASSC1CtATlt}N C3F
SOUTH HAMPTC?N ROADS, AND
UPON ViIHkCH THE CfTY SHALL
Mt3T HALVE ANY PAYMENT
C3BLIGATIUN
hlcRicr- is heeeltry gNen tlx?t ihc City of
'ti+iginia Bea=h Develapment Authority Ithe
"rAuthoiit.v"?. avt7usr a--Idress is 222 Central
Park Avenue, Suite 1000, 'Virgiriia Beach,
'V`irGinia, tiiill hoIJ a publi,; heaeir?, on 117e
pIan of finame _of t17e YOui-?_d F0Fn's Christian
Associaticni r-f Soukh Hampton R?-cicls ithe
^ C,n7uar7Y"?, wl7u se principal pla:? a of
business is Iocated at 920 CcFrpUiatG Lane,
Ci7esapaak.e, Vioginia. The hearing will be
for the purpose of receiving coi7nmerts ancl
h;aring cliscussion concarning tlic pr•onosecl
appro-vaI ancl C01-P-urrri?ce. by the City of
'v'irginia BeaCAh WRh tt7H iSsUrar?:e by thr Joiitt
Indu,trial Developmant Auih7rity _Of
PJr_,ithampton Goui7ty and its Incorporated
Tgoens (tl7e "RJorthaniptcm AutharRy" ± of a
ravenue L,r--rr_I tc- finar-r c apc-ition rif the
cost cA ,_onstruvtirg ar7C1 equippingg a YI-Ar-a
fai7iilv ceriter ancl related athlc3ic and
raa.reational favili[ies it, tN Ir,.atcd c+n an
appraxin-aey ten avne l?.?rce l at the
nr+rtheast corrier of Gani I^decb. Rracl ar7cl
Landstororn Fcatl in Virginia Eeac17: 'v'irbinia
iUie "Prrjja.t°?. The eevenue L,-,ryI to he
isstic-d Ixy the Noithanrpton .4uthoritv far tha
Frcject 1°+ill also pay issuarre costs aixl -'•+ill
be in an aggeetiat._= principal arlnunt Of up tr
S10,000,000. The F'roject will I.?e otvnetl k?y
the Comparrv. The pLiblic 17earirg. whi+_ li
nla,v I?e corytinUcd Or a-Ijourne:l, will be heId
at 8:30 a.m. on F.iarv 2n, 2014. be:f_-re thc-
.Aukl7?rity in Uie large c._onferaly.F ro-cmi cit
222 Cp-niral Pai-l•. A+,cnue. Suite 1000.
't'iiginia Beacli, 'dirbinia. As erquir0_I tryv
la*. thY revFnue bryixl will not
plecge the credit or the taxir?d pawer, as
applicable. of thr-.4uthr-rirv. the h-lortl7amrton
.41.10101'itV. thN Gity of 'S'iitinia Enac:h ot.
h•JorthamptG?n CoLnrty or any cof it,
irncoij:,craked towns, but will be pap'aL71e
salrlV frr,m rV,;enuas cleri};rrl from the
CompaiYV an,--! otl7er W-uriky prrrvlled liy tMw
Cof11paITj. Al7y p?rsUn interestecl in #.17e plar7
cfi finaiice- fior tl7e Fr.--,j?,::t nlav appear and be
Ileai'CI c"it ille rIIbIIr: h-agYlnG.
.'P .4pfll 29 S: F.1c7v i5, 2014 24 057 C. 5C)
Ad shown is not actual print size
Time 4:53 PM EXHIBIT A
EXHIBIT B
SUMMARY OF PUBLIC HEARING STATEMENTS
At 8:50 a.m. on May 20, 2014, the Chairman of the City of Virginia Beach Development
Authority (the "Authority") announced the commencement of a public hearing held in the large
conference room at 222 Central Park Avenue, Suite 1000, Virginia Beach, Virginia, on the
approval and concurrence by the City of Virginia Beach with the proposed issuance by the Joint
Industrial Development Authority of Northampton County and its Incorporated Towns of its
Revenue Bond in an amount not to exceed $10,000,000 (the "Bond") to assist the Young Men's
Christian Association of South Hampton Roads (the "Borrower"), whose principal place of
business is 920 Corporate Lane, Chesapeake, Virginia, in (a) constructing and equipping a
YMCA family center and related athletic and recreational facilities to be located on an
approximately ten acre parcel at the northeast corner of Dam Neck Road and Landstown Road in
the City of Virginia Beach, Virginia, and (b) paying the cost of issuing the Bond.
Kevin A. White, Esquire, of Kaufinan & Canoles, P.C., Bond Counsel for the Borrower,
appeared at the public hearing with Billy George, Chief Executive Officer & President of the
Borrower. Mr. White explained to the Authority the nature of the transaction and the legal
requirements pertaining to the governmental approval process, and the limitation of the
Authority's liability with respect to the same, and invited questions from the directors of the
Authority.
No members of the public spoke at the public hearing in support of or opposition to the
Bond and the Chairman closed the public hearing at 8:55 a.m.
13155373v2
EXHIBIT C
RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY ON THE CONCURRENCE AND APPROVAL BY THE
CITY OF VIIZGINIA BEACH WITH THE PROPOSED ISSUANCE
BY THE JO1NT 1NDUSTRIAL DEVELOPMENT AUTHORITY OF
NORTHAMPTON COUNTY AND ITS 1NCORPORATED TOWNS OF
A REVENUE BOND FOR THE BENEFIT OF THE YOUNG MEN'S
CHRISTIAN ASSOCIATION OF SOUTH HAMPTON ROADS
WHEREAS, there has been described to the City of Virginia Beach Development Authority
(the Authority) the plan of the Young Men's Christian Association of South Hampton Roads (the
Borrower), whose principal place of business is located at 920 Corporate Lane, Chesapeake,
Virginia, for the issuance by the Joint Industrial Development Authority of Northampton County
and its Incorporated Towns (the Northampton Authority) of its Revenue Bond in an aggregate
principal amount not to exceed $10,000,000 (the Bond), to assist the Borrower in (a) constructing
and equipping a YMCA family center and related athletic and recreational facilities (the Project)
to be located on an approximately ten acre parcel at the northeast corner of Dam Neck Road and
Landstown Road in the City of Virginia Beach, Virginia (the City), and (b) paying the cost of
issuing the Bond;
WHEREAS, the Borrower in its appearance before the Authority has (a) described the
expected debt service cost savings from financing the Project with the Bond, given that the
Northampton Authority is expected to be a"qualified small issuer" as defined in Section 265(b)(3)
of the Internal Revenue Code of 1986, as amended (the Code), for calendar year 2014, (b) described
the benefits to be derived by residents of the City from such issuance of the Bond as a"qualified
tax-exempt obligation" under Section 265(b)(3) of the Code, and (c) requested that the Authority
recommend to the City Council of the City (the Council) that it concur with the issuance of the
Bond by the Northampton Authority in accordance with Section 15.2-4905 of the Industrial
Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as
amended (the Act); and
WHEREAS, a public hearing with respect to the Bond issuance has been properly noticed
and held by the Authority on May 20, 2014.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY:
1. It is hereby found and determined that the issuance of the Bond and the use of the
proceeds thereof in the manner described above will benefit the inhabitants of the City.
2. To assist the Borrower in such plan of finance, the Authority hereby recommends
to the Council that it concur with the issuance of the Bond by the Northampton Authority in
accordance with the Act and approve the issuance of the Bond as required by the Code. The
Authority hereby directs the Chairman and Vice Chairman of the Authority, either of whom may
act, to submit to the Council a fiscal impact statement in the form set forth under Section 15.2-4907
of the Act, a reasonably detailed summary of the comments expressed at the public hearing held at
this meeting, and a copy of this resolution.
3. All costs and expenses in connection with the plan of finance described herein,
including the fees and expenses of bond counsel, counsel for the Authority, counsel for the
Borrower and counsel for the Bond purchaser, shall be paid from the proceeds of the Bond to the
extent permitted by law or from funds of the Borrower. If for any reason the Bond is not issued,
it is understood that all such fees and expenses shall be paid by the Borrower and that the
Authority shall have no responsibility therefor.
4. The Authority's officers shall perform such other acts as may be required to
implement its undertakings as set forth above, including, without limitation, that the Chairman,
Vice Chairman, Secretary, Assistant Secretary and Treasurer, any of whom may act, are
authorized and directed to execute and deliver any documents or certificates reasonably required
by bond counsel or the Bond purchaser in connection with the plan of finance.
5. The Authority, including its commissioners, officers, employees, agents and
counsel, shall not be liable and hereby disclaims all liability to any person for any damages, direct
or consequential, resulting from the Northampton Authority's failure to issue the Bond or for any
other reason.
6. The Authority has not endorsed the creditworthiness of the Borrower or the ability
of the Borrower to repay the Bond. Neither the Authority nor the City shall be obligated to pay
the Bond or the interest thereon or other costs incident thereto, and neither the faith or credit nor
the taxing power of the City shall be pledged thereto.
7. This resolution shall take effect immediately upon its adoption.
The undersigned hereby certifies that the above resolution was duly adopted by the
commissioners of the City of Virginia Beach Development Authority at a meeting duly called
and held on May 20, 2014, and that such resolution is in full force and effect on the date hereof.
Dated: /ty 2- d , 2014
1
'
, -
Stcreta istant Se re
City of ' ' Beach e elopment Authority
]3128731v2
2
VIRGINIA BEACH EXHIBIT D
r
JOINT INDUSTRIAL DEVELOPMENT AUTHORITY OF
NORTHAMPTON COUNTY AND ITS INCORPORATED TOWN
INDUSTRIAL DEVELOPMENT REVENUE BOND
NOT TO EXCEED $10,000,000 FOR PRINCESS ANNE FAMILY YMCA
The City of Virginia Beach Development Authority (the "Authority")
recommends approval of the above-captioned financing. The financing will benefit the
citizens of the City of Virginia Beach, Virginia, by providing improved educational,
social and recreational facilities which promotes the health and welfare of the City's
citizens.
222 Cenfral Park Ave, Suite 1000 1 Virginir, BevGh, Virginia 23462 • ph 757385,6464 or 800.964,4567 • fax'S7,d49,989d
? I
FISCAL IMPACT STATEMENT - Citv of Virginia Beach
Name of Applicant: Young Men's Christian Association of South Hampton Roads
Facility: Princess Anne Family YMCA
1. Maximum amount of fmancing sought $10,000,000*
2. Estimated taxable value of the facility's real property to be
constructed in the locality $ _N/A
3. Estimated real property tax per year using present tax rates $_N/A
4. Estimated personal property tax per year using present
tax rates $ N/A
5. Estimated merchants capital tax per year using present
tax rates $ _N/A
6. (a) Estimated dollar value per year of goods
that will be purchased from Virginia companies
within the locality $ 420,000
(b) Estimated dollar value per year of goods
that wili be purchased from non-Virginia companies
within the locality $ 0
(c) Estimated dollar value per year of services
that will be purchased from Virginia companies
within the locality $ 350,000
(d) Estimated dollar value per year of services
that will be purchased from non-Virginia companies
within the locality $ 0
7. Estimated number of regular employees on year round basis 2.300
8. Average annual salary per employee $ 38,000
EXHIBIT E
* The Applicant applied for the issuance of a BQ Bond by the Joint Industrial Development Authority of Northampton County
and its Incorporated Towns; this Statement is in connection with sought concurrence by City of Virginia Beach, where the
financed facility will be located.
Dated: May a' , 2014
CITY OF VIRGMA BEACH
DEVFtlOWFNT AUTHORITY
EXHIBIT F
SUMMARY SHEET
JOINT INDUSTRIAL DEVELOPMENT AUTHORITY OF NORTHAMPTON COUNTY
AND ITS INCORPORATED TOWNS REVENUE BOND
L PROJECT NAME: Young Men's Christian Association of South Hampton
Roads Princess Anne Family YMCA ("YMCA")
2
3
4.
LOCATION: 3789 Dam Neck Road (GPIN: 1484-79-2884) and
2121 Landstown Road (GPIN: 1484-79-2434)
Virginia Beach, VA 23456
DESCRIPTION
OF PROJECT:
AMOUNT OF
BOND ISSUE:
5. PRINCIPALS:
6. ZONING CLASSIFICATION:
a. Present Zoning
Classification:
b. Is rezoning proposed?
c. If so, to what zoning
classification?
YMCA has requested that the Joint Industrial
Development Authority of Northampton County and Its
Incorporated Towns (the "Issuer") issue its Revenue
Bond in the amount not to exceed $10,000,000 (the
"Bond") to assist YMCA in its plan to (i) construct and
equip the Princess Anne Family YMCA at Princess
Anne Commons in Virginia Beach, Virginia; and (ii)
pay the cost of issuance of the Bond.
$10,000,000
see attached Schedule A.
B2 - Business District
No
N/A
SCHEDULE A
(of Summary Statement / YMCA)
[list of officers and directors]
YMCA of South Hampton Roads
Directors and Officers
William H. George, President & Chief Executive OfficerI
James K. Dille, Chair
Steve Fuschetti, Chair Elect
G. Dudley Ware, Vice Chair
William K. Stulb, Treasurer
Terrie Edwards, Assistant Treasurer
Leslie R. Watson, Esquire, Secretary
Kathy Abshire
Clyde H. (Jake) Allison, Jr.
Peter Bastone
Steve Best
Sandra F. Birdsong
Everett Birdsong
Robert J. Bloxom
Anthony Brown
Joseph H. Bushey
Wynn Dixon
Warren D. Harris
Brian Hedgepath
Dr. Doug Kennedy, CPRP
Joe Kennedy
Steve Mobley
Rodney Oliver
Bryan Olson
S. Paul O'Neal
John Padgett
Walter Potter
Steve Romine
Linda Skrip
Regina Tureman
Todd Williams
Janet Winn
George "Matt" Wood, Jr.
Cher Wynkoop
1 Not a member of the Board.
EXHIBIT G
"RGINIA
BEIICH
Department of
Economic Development
222 Central Pazk Avenue, Suite 1000
Virginia Beach, VA 23462
(757) 385-6464
F.AX (757) 499-9894
Website: www.vbgov.com
E-mail: ecdev@vbgov.com
May 20, 2014
John W. Richardson, Esquire
Chair
Virginia Beach Development Authority
222 Central Park Avenue, Suite 1000
Virginia Beach, VA 23462
Re: Joint Industrial Development Authority of Northampton County and its
Incorporated Towns Revenue Bond in the amount not to exceed
$10,000,000 for Young Men's Christian Association of South Hampton
Roads Prineess Anne Family YMCA (the "Bond")
Dear John:
The Department of Economic Development concurs with the issuance of the
revenue bonds by the Joint Industrial Development Authority of Northampton County
and its Incorporated Towns ("Northampton Authority") in the amount to not exceed
$10,000,000 for Princess Anne Family YMCA.
These funds are to be utilized to fund the development of the Princess Anne
Family YMCA in Princess Anne Commons in Virginia Beach, and to pay the costs of
issuance of the Bond.
If you have any questions, I will be glad to discuss further at our next meeting.
Sincerely,
70 /44?/
Mark R. Wawner
Project Development Coordinator
Virginia Beach Department of
Economic Development
MRW/AWS/csk
EXHIBIT H
:APPROVFNG RESC}LUTIOIv C)F TNE
JC)tN'F INDC'STRIAL C7EVELOP:VtEN1 AL?'THC}RITYC"3F
NC)I2THAMPTQN CtJLTNTY ANL7 ITS 'INCC}RPORATEDTC7WN5
W'HEREAS, tlaere Ixas bc:etz describc:d to the 1oitit Industrial DeveIopment Autkiority of
Northampicsix C'ouiity and its Incorporated T-c>wns (thc .'1uthoritvt) the applic,ation of the Yount,
Men's C'liristiari Assoc:iatiern of 5outh Nainpttan Roads {thc BorrOwer}, whntit pr`rncipal piacc of
btisine:ss is locate:ti at 92(} Corpc?rate Lane, Chesapeake, Virginia. f(ir the issuance by the
Authority of it? ?evenue Bond in an aggregate prrneipal wiiount not to c:xce+: d $l 0.t){)(),{)0{l {the
Bond}, to Gissist the Boreower in (a) constructiilg and equipping aYMCA faixiily ccnter as-id
i-G 1atcd athletic atad €-ccrcaticinal facilitic;s (the Project) to be locdted on an approximately ten acre
pareel at the nort}icast Lorner of Dam Neck Road and Laridstown Roaci in the C'it_y c?f? ?Tirginia
Beac.h, l'icginia (El?e Citv), aficl (b) paying the cost af issuing the Bonci:
VdHEREAS, the Boi-rower has elected to praceed wit1i a plan of finance pursuazit !o> which
the Bond will t?e privately placc:d with anci hcld by TowneBatik (ihe Lender);
WI-iEi2EAS, the Borrower in its appearanee beforc: thc Autlaoz~ity has describe:d the dcbf
sc;rvice eosi savin'-s relating to t1ie issuance of flie Bc7nd as a "qualified tax-exemgt obligatioti"
,+vithin the meatiii7g of Section 265(b)(3) of t31c Internal Revenue Code of 1986, aas azneiided (l}ic
C'odt), and l»s rcpresented that the Borrower is acorpt3ration describcci in Sectioii >O 1(00) t7f ti7e
Code wIiicli is exciiipt f'rc?tii fe(lc;ral incoaiie taxation pursuazit te, Sectic?n 501(a) of the C'c,de axic3
Lx hich is tlu<ilitied to bc.czefit frotr? the isiuaiice of a'`qualitiec3 tax-exempt obligatic,n" fcsr its
fs,cilitizs;
Vw'HEFtEhS, the Borrowc;r in its app=anee: before the Autihorifv llas describeci tiie heneiits
tca be deriveci by reiicieiiis c7f the Coinmc>nwc:alth of Virginia trom the issuancc of the I3ond, has
dcscribed the Prc?ject's nexus c?f benefts tc? ??ortl?tamptc?n C'c?un#y> Virg r?a (the Ccsuntv), ?rhich i?
geographically proxiiizate to t?ie Gity (iiicluding, witliout Iimitation, potc,ntia] emptoynie:nt
opporttinitic:s fcir C:cxtint:y re,idi:nts in conncction with the consti-aUtiott. eqtaipping atlti opera#ion c.af+
tlte Prc?jcct, arzd ant;illaz-y comlizunity aaid Ilc;alth benefits frorn ttie Project wid from the Bonower's
o-,}ier facilities in the ra,Kior), and has requested thai the Autl-roi-itv agre;e tca i;sue the Bc3nd pur:auajit
io the Inciustrial T?eve1upme:alt and Revenue Bond Act, Chapter 4(), Title 15?. C'odc of L'irs:inia t,f
1{)5(}, as airtc:nded {the Act}, to assist thc Borrower in financing the Iacility dcscribc abovc;
V4'IiEREr1S. apublic hearing IZa.s been properlv noticel ajad }icid htil the ,Authoriiy, as
rc-quired laY the :'1r:t ajld Sectio» I47( f) of the Codc., csn May 12, 2014;
WFiEi2FAS, ihere have been pi-escrlted to this ciieetijig ttye forms, of t3ie ftollowii??
docuineaiis aaid instruirrents (eoils;ctivei? her?:ina?ter rcfen•ed tt? as tlle Authc?rit?? I??#?;uittt?jlts) 4?,?13iet?t
tlic Autlioritv propuses to execute mid dc:Iiver to carry out the transac;tioils clescrib?.?I 4ibove:
(zz) Bonc3 1'urchase azid LA)an Agreeznent {the B«nd Pureliase .Agreertient },
iiT-aft dGttcc3 a5 of 14'Iay l. 2014, ainong the Auttlority, the Bc»-oucr and the L,c:nder, togc.ther wif:})
tl-le Borro44=cr's S10,00(),000 promisson., iiotc (lhc Na#e) payable to the Authc+rity, and the
irtitrurnertt c>i'assignmi:nt of tlie 74ote fro1i1 the A utllority to the Lc:xxdcr: anci
(b) `l'hc Authc?riEy's Rcvenuc Bc?nd (l'c}ung Men"s C'hristian Associatit??i of
S,tutlY HamptiiFZ Roads), SericG 2014 (the Bo>nd), in rel.'stererl fomi, payabIe, in the- principal
amount anci initially hear?iig intei-c:st ali as set forth therein;
w3'HEREAS. Sectioti 147(#} of tt-ie C'cide provides that the hi?;27est elected governmental
of?ieials c,f` th?: ??c;???;r?1mc??tal u?lits l?a?sina juri:?c?ictic3n c?ver {a} lhc issuec of tile pri??ate acti?>it??
b4>nds and (b) the area u°liere any fac:ility financeti witli the proccer3s c5t: such bonds ia located,
shall approve tlie i:;suanc;e ot'sucll bond:;.
WE-IF.R1:AS, the Aut}loritti Issues its boiic1s c»i behalf of the Count:y, but t?ic facilitv to bc:
ftnanc-ed with the proceeds of the Bc}nti is to be loc;ated entirullr within the: Ci€v; the: ctlembers of
the 13c,ard of Supc:rvisc>rs of' the C'ountv (thc Board) constitute the highest eicc:ted ;.;ovemrnc.nt
rs ofthe C:ity Gouncil caftlie Cit}• (the Couzieii) e;onstitate
o ?ticials i?I'the C'u«szty; ariti the inumbe
the i°tighest i;lec;tcci govertlment nffcials ofthe City; and
WI[FRE;AS, Tlae Aet pi-ovidcs that the Board shall witlzin sixty (60) calendar days fi-om
the pubIic lieriring with respeci to ttte Bortd either appt`ove or ciisapprovc: tlte issuanee of tftc.
Bond, anci tizat t1le, issuance of'thU Bc?nd is sut-i j?.ct tc? the c;c?rir?itit?zl tiiat tl?c C°councii c«ncur «rit}l
it4 issua7??? bv thc: Authoritv.
NC)W, THERLFOIZE, BE IT RESOLVED BY .I,HE JOINT I'.`w'I7tJSTR,IAL
PFVELOI"vIENT AC;THORITY "?F NORTFIAIvIPTON C'C7L'N`F"Y AND iTS
INC: (3R E't)RA'I'ED TC)WNS:
(. it is liereby fouttd artd tietet-taiined that the issuaiice of the Bcrn`l and t:lle ttSe c}#'tlle
proceeds tllereof in the mani3er desc:ribed above is in accordancc wit11 the purposes ofthe Act.
?. To assifit the 13orrc?liei- in such plan of fiiiance, ttie Authority lierc:by af;recs io
undertakc: tlic; issutunce ofthe gond.
a,, "I'11e Aui}zority liereby rc;cor77mends tca tlic Board that it apprc?ve the issuance ot` the
Bozlcl a> reyuixed by t}ic Code anci the Act. T}1e Authority hc;rc;by r3irects tEie, G1iaimian :znd Viu:
C`hainnai7 of the Authorit_y. eitlier of Nvhorn anay act, ta submit to the Board a fiscal iinpac:t
statc;?17ent in the fc3nn prescribe:d hv Scction 15.24907 of t1Ye Act, a rcasonably dctailed sunzmar?t c}f'
t1?e cc??xtments cx?a??e::+s? at the public hearing held at tfiis rn?tili?; as rec{uired I?y Sec;tic?n 15.2-4906
o('tht A?.?t. ancl a cc?py ofthis resolcrtic?n.
4. Thc C: haintzan c}r Uicc C hairntan of the Auttic,rity, cither o1' w}iom ixiay act, is
hereby autlicrrizc;ci and directcd to executc, anc3 the Secretary or hssistant Secretary, either of
u honi rnav act. is aathoriJed and dirc.e;ted to aff x and attcst thc, seal of the Authoritv, arid all
sus.h of'ficers ai-e authcsrized and direetc;d tc7 delivcr thc Bont3 to thc Let7dc:r upon tttG temis
prc?viciec3 in the Autiior-it4 I3c>cunzc;nts; provicicd, however, that dGliven; of` thc Bcatlcl shall ncat
c>?:cur untii thL Bonci has been approved bv the Bc+ard aiid the C'cruzlcil. A13 temis cif the Bond are
hy ttiis ref°ererlce therctc7 incorporated }iereiii as a part of'thiti i-esc>lution.
7. Concurrentlv wit}i the: issuance of the Bc?tid, ihe C.hairman or Viee Chairrnan of.
ti-ie Authoritv, Lither o#' whoni niay{ act, is liereby authorizcd and directecl to e:xec;ute and deliver
tiGe Authority Documertts tc7 the other parties tliercto. T11e Auflinrzt}r Docucnents stial1 be in
stibstatitially the ti?rms preseritetl at this meetitig, which are; hereby approve;d, with suih
I
cornple,tions, omi5sions, iiisertioris and changes as may bc ap}arr+ved bx.• the «fficers executing
tliein atid coutisei to the Autihority. the cxecutic,n ttle;reaf to €;onstitute conciusive e:videnc:e of
>u4h approvals.
fi. The officcrs of the Authtarity are hereby auth«rire-d anci direciet] to execute artd
c3eliver ail certiticates <uad instruments, it7c:luding lnte:rnal tieve;nue; Servicc: Fonn 8038. and tc}
takc all 4uch further ac;tiori as tticy mav consider necessaa-y or desirabtc- In eonnectioal ">itll tlze
issuac»e and sale o9'the Bc?iad and the undertaking of°ilie plart of tityance describeci herc:ii1.
i. Z°he Authorit,y liereby a?,?rees ta the recommendaticaji of the Borrc3wer tllat
Kaufmari & Cataoles, a Profcssional Corporaticrn, be appointed as bcrnd counsi:l anti hGrehy
appoints sucli tirm tc3 supenris?,* €hc proccedinszs and approvc the issuanee ofthe Bond.
S. All ci,sts anci expcnses in connection wikh the financ:i?i.g, izlcluditag the Autiiinrity's
aalministrativc fees, the fc;ts anti expenses of bond eounscl, c(iunse1 for thc Auttiority, counse;l t:or
tl.e k3orrower azld i:ou;xsci fior the Leiider, s1ia11 be paid frorti the prckcccds of fhc F3c?nd to the
extent penttitted hy law, or frcsrti funds ofthe Bcsn-ower. I1'for anv re?son the Bond is not issuetl.
it is Lziiderstood that all such fci:s and €:xpenses (other tlian the Authoritv's administrativc fee,
rvklich is pavable onlv if'the Botid is issued:) shall be paid bv the Bon-c7wer and that the Authority
sliali Ilavt; nc) responsibility th?,?retor.
9. The Authot-ity liereby dcsigriates the Bond as a"yuaiifieti tax-exempt obiigaiioti"
within the mc;aning of Scctioii 1-65(b){3} of tlae Code fnr calendar vear 2014.
ltl. Tlxis Itc:solution ec?nstitutes a dcclaration of offiGial intent h}f t11e AuthoriCV to
rciiiibur5e <jualitiecl costs relateci to the plan of finance eiescribetl abc+ve.
11. 'nie Authority's t}t?icers shall perform sucli othe;r acts as mav be required cc?
iiiipleme;nt its uTadertakings as set forth abot°e.
12. "I'he Authority, including its directc?rs, c?fficc.?rs. ?;??nplt?}?ee.s. a?ei?ts ?ulci counsel, s??sall
not be liable anci hereby disciaims aII liability to any person for any d??ges, c3irect or
c;}nsLquetitial, resulting frotri the Authc;ritVs failure to issuc the Branci or for any other re-asc>rz. anci
the I3on-owei- s1ia13 :i-gree in lhe F3ond Purcha_fic Agrcemertt to indemnif?, and hvld tlaniiless thc
Autliorifiy anci its directors, «fficers, enzplc7yees and agents frtam and against alI liabilitie:;, clainis,
p?maltie:::, lc?:;se°s, ccist> azici expc.?rrses in any way c.onnecteti 'With thc issuanc-c: of ttie Bonc3.
13. lI'he Authority has not endorsed the creditwcrrthiness o#'tlie Borrower oi- t}ie abilitv
of the Borrower to repa_y the Bond and the Leiider or aiiy` purcllaser of the Boncl shall agree to
purc:ha4e ttic Bcrnti ax iis :;c;le risk atid to acl:nowledge that iio repre14iltatic?ns of a?iv kirid liavc;
b:en rnade bv the Authority. "I'lzz Bnnd sliall prc}vide tllat tlle Authoriiy and thc CourYtv s}ialI ?iot
b: crhligateci to pa_v thL Bond or the interest tllereon ur otiier co5ts iilcicient tlic;reto> asld tllat
m:ither the faitti or creciit nor the taxing powcr of tl}c C'omrnonwealtli ot` Viri,nnia. tliG C'ounty nr
aF3_y of its 1ncorlac}ratc;d Towns shall lic p1e.dget3 tller4to.
14. This rtsvlution shall take eftect iinmediatel4, upon its adc}ftti«ti. but sllall expire on
t(ie firsi annaversaa-v, at'its adoptican date if the Bond llas neat been i5suc+3 before sucli tinie.
,
,
'I"lic tiildcrsigne€l herebNF certifies that the ahovc resolution w•a;; dcziv adc7pted by tile
d,,rc;ctors of the :Foirlt Industrial DetireIopmeilt tluthoritv of Northainpton County antl its
Iracorporated Towns at a rneeting dtrlv called and heit3 on May 12. 2014, af-id thiit sueh resolution
i:• in fclll force artci efi'ect {7xj the date lterc.af?.
L?ated: ?-Z,, , 2(}14
_ k
?
Secretarv, int Industrial Development Autliority
of Northanlptoji Cc?ui3ty and its Ir?corporatecl Tnwals
I:sr,0'7,:,t, "
4
EXHIBIT I
DISCLOSURE STATEMENT
Date: May 24, 2014
Applicant: Young Men's Christian Association of South Hampton Roads
Tvpe of Application.: For approval of $10,000,000 in Bank-Qualified revenue bonds
to assist the Applicant in (A) constructing a.nd equipping the
Princess Anne Family YMCA in Virginia Beach {B} paying the
costs of issuance of the Bond.
1. The Applicant is a Virgi.nia corporation.
2. The Applicant will be the owner of the Pro}ect.
3. The current officers and trustees of Applicant ase listed on the attached
Exhibit A.
Youzag Men's Christian Association of South
Hampton Roads
By ?
1 I ?
Name: Ul,ri ? lt aw?
Title:
e^C` p"` 7ar ?".FJ?
? ? irak
` x )
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 27, 2014
¦ Background: City Council through the Capital Improvement Program and Tax
Increment Financing 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). On seven occasions - 2002, 2003,
2005, 2007, 2010, 2012, and 2013 - the VBDA has issued bonds for such projects as
the Convention Center, Town Center Garages, Aquarium Parking, and various other
City and Schools capital projects. This request includes both "new money" and a
refunding. The new money projects are listed in an attachment to this item and such
projects include the Block 11 garage in Town Center, City and Schools facilities, and
City energy management projects in an amount not to exceed $49.4 million. With
regard to refunding, the current interest rate environment allows the possibility of
refunding all or portions of the 2005 PFRBs in an amount up to $25 million. Provided the
current municipal bond market conditions continue, the refunding sale of the 2005
PFRB is estimated to provide significant debt service savings. The exact amount and
coupons of the issue to be refunded will be determined at a time closer to the sale date.
¦ Considerations: At its meeting on May 20, 2014, 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 2014 series will be issued
under the Master Agreement of Trust with a Seventh Supplemental Agreement. Under
the plan of financing, a Sixth 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 new-money PFRB bonds and refunding bonds will be
sold electronically, by competitive bid on June 4, 2014, 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: This request follows previously approved funding sources in
previous Capital Budgets or through tax-increment financing programs. 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 Seventh Supplemental Trust
Agreement; and Draft of Sixth Supplemental Support Agreement
Recommended Action: Approval .
Submitting Department/Agency: Finance ?
? b?
City Manager: k
2014 PFRB NEW MONEY PROJECT LIST
Project/ FY-14 PFRB
Fund Project Name Description
Financing
Number
2-045 Pacific Avenue This project provides for the improvements to $428,826
Improvements Pacific avenue between 15th Street and 23rd
street within the existing right-of-way, to include
undergrounding of existing overhead utilities and
public utility upgrades. In addition, new LED street
lighting and traffic light signal mast arms will be
installed. ?
2-143 Laskin Road This project will initially provide streetscape and $4,490,023
Gateway - Phase other improvements, included within the Gateway
I-A 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.
2-401 Greenwich Road This is the first phase of overall eastbound I-264 $510,957
Crossover/Cleve- interstate improvements. Relocating the existing
and St. Greenwich Road into the existing Cleveland
Improvements Street/Clearfield Avenue intersection. This
project will be designed and constructed in three
phases.
2-409 Centerville This project will provide two southbound lanes on $256,113
Turnpike - Centerville Turnpike and Jake Sears Road to
Phase II Broadwindsor Lane as well as triple left turn lane
at intersection of Indian River Road and Centerville
Turnpike. Part of a future six-lane section of the
road way.
3-140 Energy This project accounts for energy performance $484,757
Performance contract in City facilities. The project includes
Contracts upgrades and improvements which provide energy
consumption savings. The upgrades include direct
digital control systems for heating, ventilation and
air-conditioning and other energy-saving
equipment.
3-142 CIT-Com Communications infrastructure including radios, $4,629,173
Infrastructure computer aided dispatch workstations,
Replacement - transmitter sites, public safety vehicle mobile
Phase II computer terminals and hardware.
3-200 Revenue This project provides for a comprehensive and $229,728
Assessment and coordinated replacement of computer systems
Collection currently used to support tax revenue and
System collection.
1
2014 PFRB NEW MONEY PROJECT LIST
Project/ FY-14 PFRB
Fund Project Name Description
Financing
Number
4-505 Modernization of This project will fund the design and construction $11,600,289
Bow Creek costs required to tear down and rebuild the Bow
Community Rec Creek Community Recreation Center and relocate
Ctr. certain storage facilities on the current site.
4-506 Parks This project funds the implementation of $254,693
Infrastructure renovations, replacements in all City signature,
Renewal and metro, and community parks as well as special use
Replacement sites totaling 1,100 acres throughout the City.
8-003 Landfill Phase 2 This project will provide a cap over the Phase I cell $1,397,496
Capping of landfill #2. The cap covers an area of
approximately 80 acres, providing environmental
protection required under Virginia Solid Waste
Regulations.
9-085 Burton Station This project will provide basic and long needed $17,623
Road utility services and standard roadway
Improvements - improvements including curb and gutter, sidewalk
Ph II 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.
9-091 Burton Station The purpose of this project is to provide a $275,256
Road connection between Burton Station Road and Air
Improvements - Rail Drive via an extension of Tolliver Road
Ph III (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.
2014 PFRB NEW MONEY PROJECT LIST
Project/ FY-14 PFRB
Fund Project Name Description
Financing
Number
169 Town Center The parking garage in Block 11 of the Town Center $20,419,202
Project is Phase V of the development. Phases I -
III are complete; Phase IV approval term is expired.
The garage will have 920+ parking spaces on seven
levels.
1-103 Renovations and This project provides resources to insure that $2,000,000
Replacements - adequate heating, cooling, and ventilation is
HVAC Systems - available in school sites through projects to
Ph II provide improved or upgraded HVAC systems in
schools throughout the City.
1-233 Consolidated Old This project is for the replacement of Old Donation $2,405,864
Donation Center and Kemps Landing Magnet with a
Center/Kemps consolidated facility. Old Donation Center,
Landing Magnet originally built in 1965, and Kemps Landing
Replacement 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.
TOTAL $49,400,000
I I m
F 7
SEVENTH 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, 2014
TABLE OF CONTENTS
Parties
Recitals
Granting Clause
ARTICLE I
SEVENTH SUPPLEMENTAL AGREEMENT
Section 1-101. Authorization of Seventh Supplemental Agreement . ......................................2
Section 1-102. Definitions . ......................................................................................................2
Section 1-103. Rules of Construction . ....................................................................................3
ARTICLE II
AUTHORIZATION, DETAILS AND FORM OF SERIES 2014 BONDS
1
1
1
Section 2-201. Authorization of Series 2014 Bonds . .................................................................. 4
Section 2-202. Details of Series 2014 Bonds . ........................................................................... 4
Section 2-203. Form of Series 2014 Bonds . ............................................................................... 5
Section 2-204. Securities Depository Provisions ....................................................................... 5
Section 2-205. Delivery of Series 2014 Bonds . ......................................................................... 6
ARTICLE III
REDEMPTION OF SERIES 2014 BONDS
Section 3-301. Redemption Date and Price . ..............................................................................6
Section 3-302. Selection of Series 2014 Bonds for Redemption . ..............................................7
Section 3-303. Notice of Redemption . .......................................................................................7
ARTICLE IV
APPLICATION OF PROCEEDS OF SERIES 2014 BONDS
Section 4-401. Application of Proceeds of Series 2014 Bonds . .................................................8
ARTICLE V
ESTABLISHMENT OF ACCOUNT
Section 5-501. Series 2014 Project Account . .............................................................................9
1
Dn a v I
od OIPV
Section 5-502. Series 2014B Refunding Account . .....................................................................9
Section 5-503. Costs of Issuance Account . ................................................................................9
ARTICLE VI
SECURITY FOR SERIES 2014 BONDS
Section 6-601. Security for Series 2014 Bonds . .........................................................................9
ARTICLE VII
MISCELLANEOUS
Section 7-701. Limited on Use of Proceeds . ............................................................................10
Section 7-702. Limitation of Right . .........................................................................................10
Section 7-703. Severability . .....................................................................................................10
Section 7-704. Successors and Assigns . ...................................................................................10
Section 7-705. Applicable Law . ...............................................................................................10
Section 7-707. Counterparts . ....................................................................................................11
Exhibit A- Form of Series 2014A Bond
Exhibit B- Form of Series 2014B Bond
Exhibit C- Refunded Prior Bonds
A-1
B-1
Gl
ii
9 0 ? ?
f
This SEVENTH SUPPLEMENTAL AGREEMENT OF TRUST dated as of June 1,
2014, 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, the
Fifth Supplemental Agreement of Trust dated as of June 1, 2012 and the Sixth Supplemental
Agreement of Trust dated as of June 1, 2013 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 2014 Projects (as hereinafter defined) and to refund for debt service savings
all or a portion of the Authority's Public Facility Revenue Bonds, Series 2005A previously
issued by the Authority to assist the City in financing various public facilities; and
WHEREAS, among the revenue bonds previously issued by the Authority, at the request
of the City, there are currently outstanding the Authority's $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, its $25,640,000 Public Facility Refunding Revenue Bonds, Series 2012B
and its $20,960,000 Public Facility Revenue Bonds, Series 2013 (collectively, the "Prior Public Facility
Revenue Bonds").
WHEREAS, the Authority has agreed to issue its Public Facility Revenue Bonds, Series
2014A in the aggregate principal amount of $ , and its Public Facility Refunding
Revenue Bonds, Series 2014B Bonds in the aggregate principal amount of $ , with
each of such Series 2014 Bonds being secured by a pledge of the revenues and receipts derived
frorn 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
0 0 h
F 7
1, 2010, a Fourth Supplemental Support Agreement dated as of June 1, 2012, a Fifth
Supplemental Support Agreement dated as of June 1, 2013 and a Sixth Supplemental Support
Agreement dated as of June l, 2014 (collectively, 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 2014 Bonds,
when authenticated by the Trustee and issued by the Authority, valid and binding limited
obligations of the Authority and to constitute this Seventh Supplemental Agreement of Trust (the
"Seventh Supplemental Agreement") a valid and binding agreement authorizing and providing
for the details of the Series 2014 Bonds;
NOW THEREFORE, in consideration of the premises and the mutual covenants and
agreements hereinafter contained, the parties hereto agree as follows:
ARTICLE I
SEVENTH SUPPLEMENTAL AGREEMENT
Section 1-101. Authorization of Seventh Supplemental Agreement.
This Seventh 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 2014 Bonds and to the holder thereof,
except as otherwise provided in this Seventh Supplemental Agreement.
Section 1-102. Definitions.
Except as otherwise defined in this Seventh Supplemental Agreement, words defined in
the Master Agreement of Trust are used in this Seventh 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:
"Escrow Deposit Agreement" means the Escrow Deposit Agreement dated as of June
, 2014 between the Authority and the Trustee in its capacity as escrow agent for the refunding
of the Refunded Prior Bonds.
"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 2014 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.
2
D8 MA F y
"Prior Public Facility Revenue Bonds" shall have the meaning given in the fourth
paragraph of the recitals to this Seventh Supplemental Agreement.
"Project" or "Projects" shall have the meaning set forth in the Support Agreement.
"Refunded Prior Bonds" means the maturities of the Public Facility Revenue Bonds,
Series 2005A described on Exhibit C to this Seventh Supplemental 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 2014 Bonds appointed pursuant to Section 2-204, and their successors.
"Series 2014 Bonds" shall mean the Authority's $ Public Facility Revenue
Bonds, Series 2014A and $ Public facility Refunding Revenue Bonds, Series 2014B,
authorized to be issued pursuant to this Seventh Supplemental Agreement.
"Series 2014 Projects" shall mean have the meaning set forth in the Sixth Supplemental
Support Agreement.
"Series 2014 Project Account" shall mean the Series 2014 Project Account established
in Section 4-501 of this Seventh Supplemental Agreement.
"Seventh Supplemental Agreement" shall mean this Seventh Supplemental Agreement
of Trust between the Authority and the Trustee, which supplements and amends the Master
Agreement of Trust.
"Sixth Supplemental Support Agreement" shall mean the Sixth Supplemental Support
Agreement dated as of June 1, 2014 between the City and the Authority.
Section 1-103. Rules of Construction.
The following rules shall apply to the construction of this Seventh 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 2014 Bonds
shall not be deemed to refer to or connote the payment of Series 2014 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 Seventh Supplemental Agreement. .
3
0 0 A F y
(d) The headings herein and Table of Contents to this Seventh Supplemental
Agreement herein are solely for convenience of reference and shall not constitute a part of this
Seventh Supplemental Agreement nor shall they affect its meaning, construction or effect
(e) All references herein to payment of Series 2014 Bonds are references to payment
of principal of and interest on the Series 2014 Bonds.
ARTICLE II
AUTHORIZATION, DETAILS AND FORM OF SERIES 2014 BONDS
Section 2-201. Authorization of Series 2014 Bonds.
There are hereby authorized to be issued Public Facility Revenue Bonds, Series 2014A
in the aggregate principal amount of $ and Public Facility Refunding Revenue Bonds,
Series 2014B in the aggregate principal amount of $ , the proceeds of which to be
applied in accordance with Article IV hereof to finance the costs of the Series 2014 Projects;
refund the Refunded Prior Bonds; and pay costs incident to issuing the Series 2014 Bonds.
Section 2-202. Details of Series 2014 Bonds.
(a) The Series 2014A Bonds shall be designated "Public Facility Revenue Bonds,
Series 2014A," 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 2014A Bonds shall bear interest at rates, payable semiannually on each May 1 and
November 1, beginning November 1, 2014, and shall mature in installments on May 1 in years
and amounts, as follows:
Year Amount Rate
2016
2020
Year Amount Rate
2024
2025
(b) The Series 2014B Bonds shall be designated "Public Facility Refunding Revenue
Bonds, Series 2014B," 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 2014B Bonds shall bear interest at rates, payable
semiannually on each May 1 and November 1, beginning November 1, 2014, and shall mature in
installments on May 1 in years and amounts, as follows:
4
0 0 A F y
Year Amount Rate
2015
2016
2017
2018
2019
2020
Year Amount Rate
2021
2022
2023
2024
2025
(c) Each Series 2014 Bond shall bear interest (a) from its date, if such Series 2014
Bond is authenticated prior to the first interest payment date, or (b) otherwise from the interest
payinent date that is, or immediately precedes, the date on which such Series 2014 Bond is
authenticated; provided, however, that if at the time of authentication of any Series 2014 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.
(d) Principal of the Series 2014 Bonds shall be payable to the registered holder(s)
upon the surrender of Series 2014 Bonds at the corporate trust office of the Trustee in Richmond,
Virginia. Interest on the Series 2014 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 2014 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 2014
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
2014 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.
Section 2-203. Form of Series 2014 Bonds.
The Series 2014A Bonds shall be in substantially the form set forth in Exhibit A and the
Series 2014B Bonds shall be in substantially the form set forth in Exhibit B, with such
appropriate variations, omissions and insertions as are permitted or required by the Master
Agreement of Trust and this Seventh Supplemental Agreement
Section 2-204. Securities Depository Provisions
Initially, one certificate for each maturity of each Series of the Series 2014 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 2014 Bonds.
5
?
In the event that (a) the securities Depository determines not to continue to act as a
securities depository for the Series 2014 Bonds by giving notice to the Trustee and the Authority
discharging its responsibilities hereunder or (b) the Authority, at the direction of the City,
determines (1) that beneficial owners of Series 2014 Bonds shall be able to obtain certificated
Series 2014 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 2014 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 or Exhibit B, as applicable; provided, however, that such
form shall provide for interest on the Series 2014 Bonds to be payable (i) from June _, 2014 if it
is authenticated prior to November 1, 2014 or (ii) otherwise from the May 1 or November 1 that
is, or immediately precedes, the date on which it is authenticated (unless payrnent of interest
thereon is in default, in which case interest on such Series 2014 Bonds shall be payable from the
date to which interest has been paid). In delivering certificated Series 2014 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 2014 Bonds will be registerable, 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 2014 Bonds (A) it or its nominee
shall be the registered holder(s) of the Series 2014 Bonds, (B) notwithstanding anything to the
contrary in this Seventh 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 Seventh Supplemental Agreement to registered holder(s) of the Series 2014 Bonds shall
mean such Securities Depository or its nominee and shall not mean the beneficial owners of the
Series 2014 Bonds and (E) in the event of any inconsistency between the provisions of this
Seventh 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.
Section 2-205. Delivery of Series 2014 Bonds.
The Trustee shall authenticate and deliver the Series 2014 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 2014 BONDS
Section 3-301. Redemption Date and Price.
Optional Redemption. The Series 2014 Bonds may not be called for redemption by the
Authority except as follows. The Series 2014 Bonds maturing on or after May 1, 2025 may be
6
redeemed by the Authority, at the direction of the City, on or after May 1, 2024, 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 2014 Bonds to be redeemed plus interest accrued to the
redemption date.
[Mandatorv Sinking Fund Redemption. Bonds maturing on May l, are subject to
mandatary sinking fund redemption on May 1 of the years and in the principal amounts thereof
plus accrued interest to the redemption date, without premium, according to the following
schedule: ]
Year Amount
Section 3-302. Selection of Series 2014 Bonds for Redemption.
If less than all of the Series 2014 Bonds are called for redemption, the maturities of the
Series 2014 Bonds to be redeemed shall by selected by the Authority as directed by the City. If
less than all of a particular maturity of the Series 2014 Bonds are called for redemption, the
Series 2014 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 2014 Bond to be redeemed shall be in the
principal amount of $5,000 or some multiple thereof. In selecting Series 2014 Bonds for
redemption, each Series 2014 Bond shall be considered as representing that number of Series
2014 bonds which is obtained by dividing the principal amount of such Series 2014 Bonds by
$5,000. If a portion of a Series 2014 Bond shall be called for redemption, a new Series 2014
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 payrnent 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 2014 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 2014 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 Yegistered with the Securities
and Exchange Commission as securities depositoYies and (c) to each nationally recognized
muizicipal securities information 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
7
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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 2014 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 2014 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 2014 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 2014 Bondholders. Any Series 2014 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 2014 Bondholders that the redemption did not occur and that the Series 2014
Bonds called for redemption and not so paid remain outstanding.
ARTICLE IV
APPLICATION OF PROCEEDS OF SERIES 2014 BONDS
Section 4-401. Application of Proceeds of Series 2014 Bonds.
(a) The proceeds of the Series 2014A Bonds in the amount of $ shall be
deposited into the Series 2014A Project Account in the Project Fund, consisting of the good faith
deposit ($ ) previously received by the City from the purchaser of the Series 2014
Bonds, and $ from proceeds of the Series 2014A Bonds. Such amount shall be
transferred upon receipt by the Trustee to the Virginia State Non-Arbitrage Program unless
otherwise directed by the City.
(b) The proceeds of the Series 2014B Bonds in the amount of $ shall be
deposited by the Trustee upon receipt under the Escrow Deposit Agreement for which the
Trustee serves as escrow agent to effect the refunding of the Refunded Prior Bonds.
8
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(c) The remaining balance of the Series 2014A Bonds ($ ) plus the
remaining balance of the Series 2014B Bonds ($ ) shall be applied by the City to Costs
of Issuance of the Series 2014 Bonds or to additional project costs.
ARTICLE V
ESTABLISHMENT OF ACCOUNT
Section 5-501. Series 2014 Project Account.
There shall be established within the Project Fund a special account entitled "Series 2014
Project Account" to be funded as specified in Section 4.401. Money in the Series 2014 Project
Account shall be used in accordance with the provisions of Section 503 of the Master Agreement
of Trust to pay or reimburse 2014 Project costs.
Section 5-502. Series 2014B Refunding Account.
There shall be established a special account entitled "Series 2014B Refunding Account."
The portion of the proceeds of the Series 2014B Bonds specified in Section 4.401(b) shall be
deposited by the Trustee under the Escrow Deposit Agreement and accounted for within such
refunding account.
Section 5-503. Costs of Issuance Account.
There is hereby established in the Project Fund a"Series 2014 Bond Costs of Issuance
Account" into which the proceeds of the Series 2014A Bonds and Series 2014B Bonds specified
in Section 4-401(c) shall be deposited. Such account will be used to pay issuance costs of the
Series 2014 Bonds or applied to pay or reimburse 2014 Project or capital costs.
ARTICLE VI
SECURITY FOR SERIES 2014 BONDS
Section 6-601. Security for Series 2014 Bonds.
The Series 2014 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.
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ARTICLE VII F F
MISCELLANEOUS
Section 7-701. Limited on Use of Proceeds.
The Authority intends that interest on the Series 2014 Bonds shall be excluded from gross
income for Federal income tax purposes. The Authority covenants with the holders of the Series
2014 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 2014 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 Seventh Supplemental Agreement or the Series 2014 Bonds is
intended or shall be construed to give to any person other than the parties hereto and the holders
of Series 2014 Bonds any legal or equitable right, remedy or claim under or in respect to this
Seventh Supplemental Agreement or any covenants, conditions and agreements herein contained
since this Seventh 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 Seventh Supplemental Agreement shall be held invalid by any
court of competent jurisdiction, such holding shall not invalidate any other provision hereof and
this Seventh Supplemental Agreement shall be construed and enforced as if such illegal
provision had not been contained herein.
Section 7-704. Successors and Assigns.
This Seventh Supplemental Agreement shall be binding upon, inure to the benefit of and
be enforceable by the parties and their respective successors and assigns.
Section 7-705. Applicable Law.
This Seventh 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
formation and existence as a legal entity. The Trustee may also ask to see financial statements,
10
D0IFy
licenses, identification, and authorization documents from individuals claiming authority to
represent the entity or other relevant documentation.
Section 7-707. Counterparts.
This Seventh 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.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the Authority and the Trustee have caused this Seventh
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:
4841-3033-80743
12
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
R-1
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
REGISTERED
$
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
Public Facility Revenue Bond, Series 2014A
INTEREST RATE MATURITY DATE DATED DATE CUSIP
% May 1, June _, 2014 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 May 1 and November l, beginning November 1, 2014 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_, 2014, if this bond is authenticated prior to November 1, 2014, or (b) otherwise from the
May 1 or November 1 that is, or immediately precedes, the date on which this bond is
anthenticated (unless payment of interest hereon is in default, in which case this bond shall bear
A-1
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 2014A and $ Public Facility Refunding Revenue Bonds, Series 2014B
(collectively, 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 l, 2010, a Fifth
Supplemental Agreement of Trust dated as of June 1, 2012, a Sixth Supplemental Agreement of
Trust dated as of June 1, 2013 and a Seventh Supplemental Agreement of Trust dated as of
June 1, 2014 (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 Support Agreement dated as of
May 1, 2010, a Fourth Supplemental Support Agreement dated as of June 1, 2012, a Fifth
Supplemental Support Agreement dated as of June 1, 2013 and a Sixth Supplemental Support
Agreement dated as of June 1, 2014 (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
$94,900,000 Public Facility Revenue Bonds, Series 2005A, its $9,000,000 Taxable Public
A-2
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, its $22,580,00 Public Facility Revenue Bonds, Series 2012A and
$25,640,000 Public Facility Refunding Revenue Bonds, Series 2012B and its $20,960,000 Public
Facility Revenue Bonds, Series 2013 (collectively, 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. 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 1NTEREST 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 1NCOME
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, 1NCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO
PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS 1NCIDENT
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
1NCIDENT 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 its 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.
A-3
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 May 1, 2025, may be redeemed prior to their respective
maturities on or after May 1, 2024, 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.
[Bonds maturing on May 1, are subject to mandatory sinking fund redemption on
May 1 of the years and in the principal amounts thereof plus accrued interest to the redemption
date, without premium, according to the following schedule:]
Year Amount
If less than all the Bonds are called for redemption, they shall be redeemed from
maturities in such order as determined by the Authority, at the direction of the City. 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 than 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
A-4
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
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 payrnent
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.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
(SEAL)
By
Chairman
Attest:
Secretary
A-5
CERTIFICATE OF AUTHENTICATION
Date Authenticated: June , 2014
This Bond is one of the Series 2014 Bonds described in the within mentioned Agreement
of Trust.
U.S. BANK NATIONAL ASSOCIATION,
as Trustee
By
Authorized Officer
A-6
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.
(Signature of Registered Owner)
NOTICE: The signature above must
correspond with the name of the
registered owner as it appears on the
front of this bond in every particular,
without alteration or enlargement or any
change whatsoever.
A-7
EXHIBIT B
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
R-1
UNITED STATES OF AMERICA
COMMONWEALTH OF VIRGINIA
REGISTERED
$
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
Public Facility Refunding Revenue Bond, Series 2014B
INTEREST RATE MATURITY DATE DATED DATE CUSIP
% May 1, June_, 2014 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 May 1 and Novemer 1, beginning November 1, 2014 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 _, 2014, if this bond is authenticated prior to November 1, 2014, or (b) otherwise from the
May 1 or November 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
B-1
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
2014A and $ Public Facility Refunding Revenue Bonds, Series 2014B (collectively,
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 l, 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, a Sixth Supplemental Agreement of
Trust dated as of June 1, 2013 and a Seventh Supplemental Agreement of Trust dated as of
June 1, 2014 (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 Support Agreement dated as of
May 1, 2010, a Fourth Supplemental Support Agreement dated as of June 1, 2012, a Fifth
Supplemental Support Agreement dated as of June 1, 2013 and a Sixth Supplemental Support
Agreement dated as of June 1, 2014 (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
$94,900,000 Public Facility Revenue Bonds, Series 2005A, its $9,000,000 Taxable Public
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Facility Revenue Bonds, Series 200513, 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 201013, its $45,450,000 Public Facility Refunding Revenue
Bonds, Series 2010C, its $22,580,00 Public Facility Revenue Bonds, Series 2012A and
$25,640,000 Public Facility Refunding Revenue Bonds, Series 2012B and its $20,960,000 Public
Facility Revenue Bonds, Series 2013 (collectively, 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 to refund certain of the Parity Bonds. 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
payinents 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 1NVESTMENT 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 1NTEREST 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, 1NCLUDING THE AUTHORITY AND THE CITY. NEITHER
THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION
THEREOF, 1NCLUDING 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 its 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.
B-3
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 May 1, 2025, may be redeemed prior to their respective
maturities on or after May 1, 2024, 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.
[Bonds maturing on May 1, are subject to mandatory sinking fund redemption on
May 1 of the years and in the principal amounts thereof plus accrued interest to the redemption
date, without premium, according to the following schedule:]
Year Amount
If less than all the Bonds are called for redemption, they shall be redeemed from
maturities in such order as determined by the Authority, at the direction of the City. 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 than 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
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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
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.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
(SEAL)
By
Chairman
Attest:
Secretary
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CERTIFICATE OF AUTHENTICATION
Date Authenticated: June , 2014
This Bond is one of the Series 2014 Bonds described in the within mentioned Agreement
of Trust.
U.S. BANK NATIONAL ASSOCIATION,
as Trustee
By
Authorized Officer
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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.
(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.
B-7
EXHIBIT C
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
SUMMARY OF REFUNDED PRIOR BONDS
Maturity CUSIP Interest Par Call Call
Bonds Date Number Rate Amount Date Price
Public Facility Revenue 5/1/2016 92774G CB9 5.000% $4,400,000 5/1/2015 1000/0
Bonds, Series 2005A 5/1/2020 92774G CFO 4.000 5,355,000 5/1/2015 1000/0
5/1/2024 92774G CK9 4.125 5,730,000 5/1/2015 1000/0
5/1/2025 92774G CL7 4.250 5,960,000 5/1/2015 1000/0
$21,445,000
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SIXTH SUPPLEMENTAL SUPPORT AGREEMENT
between
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
and
CITY OF VIRGINIA BEACH, VIRGINIA
Dated as of June 1, 2014
NOTE: THIS SIXTH 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 SEVENTH SUPPLEMENTAL
AGREEMENT OF TRUST DATED AS OF JUNE 1, 2014, 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.
TABLE OF CONTENTS
BRAFY
Parties ................................................................................................................................................. l
Recital s .. ... .. ... .. ....... .. . ..... . .... .. .. .... .... ... ..... . .... ... . . ........ .. .. .. .. .... .. .. .. . ... ... . . .. .. .. . .. .. .. .. ... ... .. .. .. .. .... .... .. .. . .. ..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 ................................................................................. 4
Section 2.2 Representations by City .......................................................................................... 4
ARTICLE III
AGREEMENT TO ISSUE BONDS
Section 3.1 Agreement to Issue Series 2014 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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ARTICLE VI
SERIES 2014 ARBITRAGE REBATE FUND
Section 6.1
Section 6.2
Section 6.3
Section 6.4
Section 6.5
Section 6.6
Series 2014 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 2014 Arbitrage Rebate Fund .............................. 8
ARTICLE VII
MISCELLANEOUS
Section 7.1
Section 7.2
Section 7.3
Section 7.4
Section 7.5
Section 7.6
Signatures
Receipt
Private Activity Covenants ..............
Post-Issuance Compliance ...............
Severability ......................................
Successors and Assigns ....................
Counterparts .....................................
Governing Law ................................
...................................................................... 8
...................................................................... 9
.......................................................................9
...................................................................... 9
...................................................................... 9
........................................................ .......... 9
10
11
Exhibit A- Schedule or Payments A-1
Exhibit B- Description of Series 2014 Projects B-1
Exhibit C- Administrative Fee Schedule G1
11
I a A F v
THIS SIXTH SUPPLEMENTAL SUPPORT AGREEMENT dated as of June 1, 2014,
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 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 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 l, 2012, a Sixth Supplemental
Agreement of Trust dated as of June 1, 2013 and a Seventh Supplemental Agreement of Trust
dated as of June 1, 2014, all between the Authority and the Trustee (collectively, the "Agreement
of Trust"); and
WHEREAS, in furtherance of the purposes of the Act, Authority has agreed to loan from
time to time proceeds of such bonds to the City, and the City has agreed to repay such loans,
subject to appropriation by the City council of sufficient moneys for such purpose pursuant to a
support agreement between the City and the Authority dated as of September l, 2003 (the
"Master Support Agreement"), as supplemented and amended by a First Supplemental Support
Agreement dated as of May l, 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
I I A F T
Supplemental Support Agreement dated as of June 1, 2012, and a Fifth Supplemental Support
Agreement dated as of June 1, 2013; and
WHEREAS, within the limitations and in compliance with the Agreement of Trust, the
City has requested the Authority to issue a series of Public Facility Revenue Bonds in the
aggregate principal amount of $ and a series of Public Facility Refunding Revenue
Bonds in the aggregate principal amount of $ (collectively, the "Series 2014 Bonds") and
to loan such proceeds to the City pursuant to the terms of this Sixth Supplemental Support
Agreement to finance the cost of the Series 2014 Projects (as such term is hereinafter defined)
and to refund all or a portion of the Authority's Public Facility Revenue Bonds, Series 2005A
previously issued by the Authority to assist the City in financing various public facilities; 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 Sixth
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 Sixth 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 Sixth 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 Sixth 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 Seventh Supplemental
Agreement of Trust.
"Basic Agreements" shall mean the Agreement of Trust and the Support Agreement.
"Master Support Agreement" shall mean the Support Agreement dated as of
September 1, 2003, between the Authority and the City.
"Refunded Prior Bonds" shall mean the maturities of the Authority's Public Facility
Revenue Bonds, Series 2005A described in the Seventh Supplemental Agreement of Trust.
2
I ED AA F « ' y
Series 2014 Bonds?? shall mean the Authority s$ Public Faci1ity Revenue
Bonds, Series 2014A and $ Public Facility Refunding Revenue Bonds, Series 2014B,
authorized to be issued pursuant to the Seventh Supplemental Agreement of Trust.
"Series 2014 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 2014 Arbitrage Rebate Fund" shall mean the fund established in section 6.1
"Seventh Supplemental Agreement of Trust" shall mean the Seventh Supplemental
Agreement of Trust dated as of June l, 2014, between the Authority and the Trustee, which
supplements the Agreement of Trust.
"Sixth Supplemental Support Agreement" shall mean this Sixth Supplemental Support
Agreement dated as of June 1, 2014, between the Authority and the City, which supplements the
Master Support Agreement.
"Support Agreement" shall mean the Master Support Agreement as previously
supplemented and amended and as supplemented and amended by this Sixth Supplemental
Support Agreement.
Section 1.2 Rules of Construction.
The following rules shall apply to the construction of this Sixth 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 Sixth Supplemental Support Agreement.
(d) The headings herein and Table of Contents to this Sixth Supplemental Support
Agreement herein are solely for convenience of reference and shall not constitute a part of this
Sixth 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.
3
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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;
(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 ar 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;
4
ONAFY
(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 terms 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
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
( fl 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 2014 Projects.
ARTICLE III
AGREEMENT TO ISSUE BONDS
Section 3.1 Agreement to Issue Series 2014 Bonds.
The Authority shall contemporaneously with the execution and delivery hereof proceed
with the issuance and sale of the Series 2014 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
5
BRApr
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.
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 2014 Bonds to be redeemed as set
forth in such Series 2014 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 2014
Bonds as set forth in the Series 2014 Bonds. The Series 2014 Bonds shall be prepaid or
redeemed in the manner and at the times set forth in the Series 2014 Bonds. Upon the exercise of
such option, the City shall also pay as Additional Payments, the amounts necessary to pay the
prernium, if any, due on such Series 2014 Bonds on the date or dates of their redemption.
The City shall give the Trustee notice of any redemption of such Series 2014 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 2014 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 2014 ARBITRAGE REBATE FUND
Section 6.1 Series 2014 Arbitrage Rebate Fund.
There is hereby established the City of Virginia Beach, Virginia, Series 2014 Public
Facility Revenue Bond Arbitrage Rebate Fund (the "Series 2014 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 2014 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 2014 Arbitrage Rebate Fund for such payments.
Section 6.2 Rebate Requirements.
6
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Except with respect to earnings on funds and accounts qualifying for any exceptions ?
U
the rebate requirement of Section 148 of the Code, the City shall pay, but solely from amounts in
the Series 2014 Arbitrage Rebate Fund, the Rebate amount to the United States of America, as
and when due, in accordance with Section 148( fl of the code, as provided in this Article, and
shall retain records of all such determinations until six years after payment of the Series 2014
$onds.
Section 6.3 Calculation and Report of Rebate Amount.
(a) The City selects May 1 as the end of the bond year with respect to the Series 2014
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 Sixth bond year, unless such date is changed by the City prior to the date that any amount
with respect to the Series 2014 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 2014 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 Sixth anniversary of the initial installment computation
date or on or before 60 days after every Sixth anniversary date thereafter until final payment of
the Series 2014 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 2014
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 2014 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
2014 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 2014 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.
7
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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 form. Except for the execution and delivery of such form
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 May 1 and within 10 days
after the final payment of the Series 2014 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 2014 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 2014 Arbitrage
Rebate Fund shall be retained by the City and used for any lawful purpose.
ARTICLE VII
MISCELLANEOUS
Section 7.1 Private Activity Covenants.
The City covenants not to permit the proceeds of the Series 2014 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 2014 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 2014 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
F
Rea
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.
Section 7.3 Severability.
If any provision of this Sixth 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 Sixth 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 Sixth 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 Sixth Supplemental Support Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia.
[REMAINDER OF PAGE 1NTENIONALLY LEFT BLANK]
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IN WITNESS WHEREOF, the parties have caused this Sixth 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:
4839-6387-6634.1
10
I
RECEIPT A p r
Receipt of the foregoing original counterpart of the Sixth Supplemental Support
Agreement dated as of June 1, 2014, 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
City of Virginia eeach Development Authority Exh i b i; A
Public Facility Revenue and Refunding Revenue Bond
Schedule of Payments
[PAYMENT SCHEDULE TO BE UPDATED]
Public Facility Revenue Bonds (2013A)
AnnualDebt
DueDate Principal Interest DebtService
12/1/2014 287,164.69 287,164.69
319,071.88 319,071.88
60/2014 606,236.57
12/1/2014 319,071.58 319,071.88
6/1/2015 1,365,000 319,071.88 1,684,071.88
6/30/2015 2,003,143.76
12/1/2015 312,246.88 312,246.88
6/1/2016 1,365,000 312,246.88 1,677,246.88
6/30/2016 1,989,493.76
12/1/2016 305,421.88 305,421.88
6/1/2017 1,365,000 305,421.88 1,670,421.88
6/30/2017 1,975,843.76
12/1/2017 284,946.88 284,946.85
6/1/2018 1,370,000 284,946.88 1,654,946.88
6/30/2018 1,939,893.76
12/1/2018 264,396.58 264,396.88
6/1/2019 1,370,000 264,396.88 1,634,396.88
6/30/2019 1,898,793.76
12/1/2019 236,996.88 236,996.88
6/1/2020 1,370,000 236,996.88 1,606,996.88
6/30/2020 1,843,993.76
12/1/2020 209,596.88 209,596.88
6/1/2021 1,370,000 209,596.88 1,579,596.88
6/30/2021 1,789,193.76
12/1/2021 189,046.88 189,046.88
6/1/2022 965,000 189,046.88 1,154,046.88
6/30/2022 1,343,093.76
12/1/2022 169,746.88 169,746.88
6/1/2023 965,000 169,746.88 1,134,746.88
6/30/2023 1,304,493.76
12/1/2023 150,446.88 150,446.88
6/1/2024 965,000 150,446.88 1,115,446.85
6/30/2024 1,265,893.76
12/1/2024 138,384.38 138, 384.38
6/1/2025 970,000 138,384.38 1,108,384.38
6/30/2025 1,246,768.76
12/1/2025 123,834.38 123,83435
6/1/2026 970,000 123,834.38 1,093,834.38
6/30/2026 1,217,668.76
12/ 1/ 2026 109, 28438 109, 284.38
6/1/2027 970,000 109,284.38 1,079,284.38
6/30/2027 1,188,568.76
12/1/2027 94,125.13 94,128.13
6/1/2028 970,000 94,128.13 1,064,128.13
6/30/2028 1,158,256.26
12/1/2028 78,365.63 78,365.63
6/1/2029 925,000 78,365.63 1,003,365.63
6/30/2029 1,081,731.26
12/1/2029 63,334.38 63,334.38
6/1/2030 925,000 63,334.38 988,334.38
6/30/2030 1,051,668.76
iz/i/zoso 47,725.00 47,725.00
6/1/2031 920,000 47,725.00 967,725.00
6/30/2031 1,015,450.00
12/1/203 1 32,200.00 32,200.00
6/1/2032 920,000 32,200.00 952,200.00
6/30/2032 984,400.00
12/1/2032 16,100.00 16,100.00
6/1/2033 920,000 16,100.00 936,100.00
6/30/2033 952,200.00
6,896,786.73 27,856,786.73 27,856,786.73
A-1
City of Virginia Beach DevelopmentAuthority
Public Facility Revenue ond Refunding Revenue Bond
Schedule of Payments
Public Facility Revenue Bonds (2012A)
AnnualDebt
Due Date principal IMerest DebtService
Public Faciliry Refunding Revenue Bonds (20128)
AnnualDebt
12/1/2014 1,220,000 466,250.00 1,686,250.00
6/1/2014 447,950.00 447,950.00
6/30/2014 2,134,200.00
12/1/2014 1,220,000 447,950.00 1,667,950.00
6/1/2015 429,650.00 429,650.00
6/30/2015 2,097,600.00
12/1/2015 1,220,000 429,650.00 1,649,650.00
6/1/2016 399,150.00 399,150.00
6/30/2016 2,048,800.00
12/1/2016 1,215,000 399,150.00 1,614,150.00
6/1/2017 368,775.00 365,775.00
6/30/2017 1,982,925.00
12/1/2017 1,215,000 368,775.00 1,583,775.00
6/1/2018 338,400.00 338,400.00
6/30/2015 1,922,175.00
12/1/2018 1,215,000 338,400.00 1,553,400.00
6/1/2019 308,025.00 308,025.00
6/30/2019 1,861,425.00
12/1/2019 1,215,000 308,025.00 1,523,025.00
6/1/2020 277,650.00 277,650.00
6/30/2020 1,800,675.00
12/1/2020 1,215,000 277,650.00 1,492,650.00
6/1/2021 247,275.00 247,275.00
6/30/2021 1,739,925.00
12/1/2021 1,150,000 247,275.00 1,397,275.00
6/1/2022 218,525.00 218,525.00
6/30/2022 1,615,800.00
12/1/2022 1,145,000 218,525.00 1,363,525.00
6/1/2023 189,900.00 189,900.00
6/30/2023 1,553,425.00
12/1/2023 1,055,000 189,900.00 1,244,900.00
6/ 1/2024 168,800.00 168,800.00
6/30/2024 1,413,700.00
12/1/2024 1,055,000 168,800.00 1,223,800.00
6/ 1/ 2 0 25 147, 700.00 147, 700.00
6/30/2025 1,371,500.00
12/1/20 25 1,055,000 147, 700.00 1, 202, 700.00
6/1/2026 126,600.00 126,600.00
6/30/2026 1,329,300.00
12/1/2026 1,055,000 126, 600.00 1,181,600.00
6/ 1/20 27 110, 775.00 110, 775.00
6/30/2027 1,292,375.00
12/1/20 27 1,055,000 110,775.00 1,165, 775.00
6/1/2028 94,950.00 94,950.00
6/30/2028 1,260,725.00
12/1/2028 1,055,000 94,950.00 1,149,950.00
6/1/2029 79,125.00 79,125.00
6/30/2029 1,229,075.00
12/1/2029 1,055,000 79,125.00 1,134,125.00
6/1/2030 63,300.00 63,300.00
6/30/2030 1,197,425.00
12/1/2030 1,055,000 63,300.00 1,118,300.00
6/1/203 1 42,200.00 42,200.00
6/30/2031 1,160,500.00
12/1/2031 1,055,000 42,200.00 1,097,200.00
6/1/2032 21,100.00 21,100.00
6/30/2032 1,118,300.00
12/1/2032 1,055,000 21,300.00 1,076,100.00
6/30/2033 1,076,100.00
12/1/2014 600,000 594,425.00 1,194,425.00
6/1/2014 585,425.00 585,425.00
6/30/2014 1,779,850.00
12/1/2014 615,000 585,425.00 1,200,425.00
6/1/2015 576,200.00 576,200.00
6/30/2015 1,776,625.00
12/1/2015 640,000 576,200.00 1,216,200.00
6/1/2016 566,600.00 566,600.00
6/30/2016 1,782,800.00
12/1/2016 660,000 566,600.00 1,226,600.00
6/1/2017 556,700.00 556,700.00
6/30/2017 1,783,300.00
12/1/2017 680,000 556,700.00 1,236,700.00
6/1/2018 546,500.00 546,500.00
6/30/2018 1,783,200.00
iz/i/zois 546,500.00 546,500.00
6/1/2019 546,500.00 546,500.00
6/30/2019 1,093,000.00
12/1/2019 546,500.00 546,500.00
6/1/2020 546,500.00 546,500.00
6/30/2020 1,093,000.00
iz/i/zozo 546,500.00 546,500.00
6/1/2021 546,500.00 546,500.00
6/30/2021 1,093,000.00
12/1/2021 546,500.00 546,500.00
6/1/2022 546,500.00 546,500.00
6/30/2022 1,093,000.00
12/1/2022 10,650,000 546,500.00 11,196,500.00
6/1/2023 280,250.00 280,250.00
6/30/2023 11,476,750.00
12/1/2023 11,210,000 280,250.00 11,490,250.00
6/30/2024 11,490,250.00
25,055,000 11,189,775.00 36,244,775.00 36,244,775.00
22,580,000 8,625,950.00 31,205,950.00 31,205,950.00
Exh'ibit
A-2
City of Virginia Beach Developmerrt Authority
Public Facility Revenue and Refunding Revenue Bond
Schedule of Payments
Public Facility Revenue Bonds (2010A)
Due Date Principal
3/15/2014 1,700,000
6/30/2014
9/15/2014
3/15/2015 1,700,000
6/30/2015
9/15/2015
3/15/2016 1,700,000
6/30/2016
9/15/2016
3/15/2017 1,700,000
6/30/2017
9/15/2017
3/15/2018 1,700,000
6/30/2018
9/15/2018
3/15/2019 1,700,000
6/30/2019
9/15/2019
3/15/2020 1,700,000
6/30/2020
Exhibit A
Public Facility Refunding Revenue Bonds (20108) Public Facility Refunding Revenue Bonds (2030C)
IMerest
DebtService AnnualDebt
Due Date AnnualDebt AnnualDebt
179,350 179,350 8/1/2014 225,000 2,288,425.00 2,513,425.00 8/1/2014 998,875.00 998,875.00
179,350 1,879,350 2/1/2014 2,286,175.00 2,286,175.00 2/1/2014 998,875.00 998,875.00
2,058,700 6/30/2014 4,799,600.00 6/3012014 1,997,750.0:
153,850 153,850 8/1/2014 9,330,000 2,286,175.00 11,616,175.00 8/1/2014 998,875.00 998,575.00
153,850 1,853,850 2/1/2015 2,099,575.00 2,099,575.00 2/1/2015 998,875.00 998,875.00
2,007,700 6/30/2015 13,715,750.00 6/30/2015 1,997,750.00
136,850 136,850 8/1/2015 9,830,000 2,099,575.00 11,929,575.00 8/1/2015 998,875.00 998,875.00
136,850 1,836,850 2/1/2016 1,902,975.00 1,902,975.00 2/1/2016 998,875.00 998,875.00
1,973,700 6/30/2016 13,832,550.00 6/30/2016 1,997,75C.OC:
102,850 102,850 8/1/2016 10,450,000 1,902,975.00 12,352,975.00 8/1/2016 4,595,000 998,875.00 5,593,875.00
102,850 1,802,850 2/1/2017 1,641,725.00 1,641,725.00 2/1/2017 884,000.00 884,000.00
1,905,700 6/30/2017 13,994]00.00 6/30/2017 6,477,875.OC
77,350 77,350 8/1/2017 11,135,000 1,641,725.00 12,776,725.00 8/1/2017 4,840,000 884,000.00 5,724,000.00
77,350 1,777,350 2/1/2018 1,363,350.00 1,363,350.00 2/1/2018 763,000.00 763,000.00
1,854,700 6/30/2018 14,140,075.00 6/30/2018 6,487,000.OC
51,850 51,850 8/1/2018 11,860,000 1,363,350.00 13,223,350.00 8/1/2018 5,090,000 763,000.00 5,853,000.00
51,850 1,751,850 2/1/2019 1,066,850.00 1,066,850.00 2/1/2019 635,750.00 635,750.00
1,803,700 6/30/2019 14,290,200.00 6/30/2019 6,488,750.OC
26,350 26,350 8/1/2019 12,635,000 1,066,850.00 13,701,850.00 8/1/2019 635,750.00 635,750.00
26,350 1,726,350 2/1/2020 750,975.00 750,975.00 2/1/2020 635,750.00 635,750.00
1,752,700 6/30/2020 14,452,825.00 6/30/2020 1,271,500.OG
11,900,000 1,456,900.00 13,356,900.00 13,356,900.00 8/1/2020 13,450,000 750,975.00 14,200,975.00 8/1/2020 4,930,000 635,750.00 5,565,750.00
. 2/1/2021 414,725.00 414,725.00 2/1/2021 512,500.00 512,500.00
6/30/2021 14,615,700.00 6/30/2021 6,078,250.00
8/1/2021 14,285,000 414,725.00 14,699,725.00 8/1/2021 5,190,000 512,500.00 5,702,500.00
2/1/2022 57,600.00 57,600.00 2/1/2022 382,750.00 382,750.00
6/30/2022 14,757,325.00 6/30/2022 6,085,250.00
8/1/2022 2,880,000 57,600.00 2,937,600.00 8/1/2022 10,330,000 382,750.00 10,712,750.00
6/30/2023 2,937,600.00 2/1/2023 124,500.00 124,500.00
96,080,000 25,456,325.00 121,536,325.00 121,536,325.00 6/30/2023 10,837,250.00
8/1/2023 4,980,000 124,500.00 5,104,500.00
6/30/2024 5,104,500A0
39,955,000 14,868,625.00 54,823,625.00 54,823,625.00
A-3
City of Virginia Beach DevelopmentAuthority Exhi bi t A
Public Facility Revenue and Refunding Revenue eond
Schedule of Payments
Publi[ Facility Revenue Bonds (2007A) Tazable Public Facility Bonds (20078)
Annual Debt Annual Debt
DueDate principal Interest DebtService DueDate Principal IrTleres[ DebtService
7/15/2014 5,650,000 1,558,875.00 7,238,875.00 7/15/2014 145,000 107,423.75 252,423.75
i/is/zoia 1,41e,875.00 1,41e,875.00 i/is/zoia 102,711.25 102,711.25
6/30/2014 8,655,750.00 6/30/2014 355,135.00
7/15/2014 5,9,?D,000 1,416,875.00 7,386,875.00 7/15/2014 155,000 102,711.25 257,711.25
1/15/2015 1,267,625.00 1,267,625.00 1/15/2015 98,061.25 98,061.25
6/30/2015 8,654,500.00 6/30/2015 355,772.50
7/15/2015 3,435,000 1,267,625.00 4,702,625.00 7/15/2015 160,000 98,061.25 258,061.25
1/15/2016 1,181,750.00 1,181,750.00 1/15/2016 93,381.25 93,351.25
6/30/2016 5,884,375.00 6/30/2016 351,442.50
7/15/2016 3,610,000 1,181,750.00 4,791,750.00 7/15/2016 170,000 93,381.25 263,381.25
1/15/2017 1,091,500.00 1,091,500.00 1/15/2017 88,366.25 88,366.25
6/30/2017 5,883,250.00 6/30/2017 351,747.50
7/15/2017 3,790,000 1,091,500.00 4,881,500.00 7/15/2017 185,000 88,366.25 273,366.25
1/15/2018 996,750.00 996,750.00 1/15/2018 82,862.50 82,862.50
6/30/2018 5,878,250.00 6/30/2018 356,228.75
7/15/2018 3,990,000 996,750.00 4,986,750.00 7/15/2018 195,000 82,862.50 277,862.50
1/15/2019 897,000.00 897,000.00 1/15/2019 77,012.50 77,012.50
6/30/2019 5,883,750.00 6/30/2019 354,875.00
7/15/2019 4,195,000 897,000.00 5,092,000.00 7/15/2019 205,000 77,012.50 282,012.50
i/is/zozo 792,125.00 7e2,125.00 i/is/zozo 70,555.00 70,555.00
6/30/2020 5,884,125.00 6/30/2020 352,567.50
7/15/2020 4,405,000 792,125.00 5,197,125.00 7/15/2020 220,000 70,555.00 290,555.00
1/15/2021 682,000.00 682,000.00 1/15/2021 63,625.00 63,625.00
6/30/2021 5,879,125.00 6/30/2021 354,180.00
7/15/2021 4,640,000 682,000.00 5,322,000.00 7/15/2021 235,000 63,625.00 298,625.00
1/15/2022 566,000.00 566,000.00 1/15/2022 56,222.50 56,222.50
6/30/2022 5,888,000.00 6/30/2022 354,847.50
7/15/2022 566,000.00 566,000.00 7/15/2022 250,000 56,222.50 306,222.50
1/15/2023 566,000.00 566,000.00 1/15/2023 48,347.5048,347.50
6/30/2023 1,132,000.00 6/30/2023 354,570.00
7/15/2023 566,000.00 566,000.00 7/15/2023 265,000 48,347.50 313,347.50
1/15/2024 566,000.00 566,000.00 1/15/2024 40,000.00 40,000.00
6/30/2024 1,132,000.00 6/30/2024 353,347.50
7/15/2024 5,385,000 566,000.00 5,951,000.00 7/15/2024 285,000 40,000.00 325,000.00
1/15/2025 431,375.00 431,375.00 1/15/2025 30,880.00 30,880.00
6/30/2025 6,382,375.00 6/30/2025 355,880.00
7/15/2025 5,665,000 431,375.00 6,096,375.00 7/15/2025 300,000 30,880.00 330,880.00
1/15/202e 289,750.00 289,750.00 i/is/zoze 21,280.00 21,280.00
6/30/2026 6,386,125.00 6/30/2026 352,160.00
7/15/2026 5,955,000 289,750.00 6,244,750.00 7/15/2026 320,000 21,280.00 341,280.00
1/15/2027 140,875.00 140,875.00 i/is/zon 11,040.00 ii,oao.oo
6/30/2027 6,385,625.00 6/30/2027 352,320.00
7/15/2027 5,635,000 140,875.00 5,775,875.00 7/15/2027 345,000 11,040.00 356,040.00
6/30/2028 5,775,875.00 6/30/2028 356,040.00
62,355,000 23,330,125.00 85,685,125.00 85,685,125.00 3,435,000 1,876,113.75 5,311,113.75 5,311,113.75
A-4
City of Virginia Beach DevelopmentAuthoriiy
Public Facility Revenue and Refunding Revenue Bond
Schedule of Payments
Public Facility Revenue Bonds (2005A) Ta¦able Public Facility Bonds (20056)
Annual Debt Annual Debt
Due Date Prirxipal Interes[ DebtService Due Date Principal Irbrest DebtService
11/1/2014 666,556.25 666,556.25
5/1/2014 3,990,000 666,556.25 4,656,556.25
6/30/2014 5,323,112.50
11/1/2014 566,806.25 566,806.25 -
5/1/2015 4,195,000 566,806.25 4,761,806.25
6/30/2015 5,328,612.50
11/1/2015 - 461,931.25 461,931.25
5/1/2016 4,400,000 461,931.25 4,861,931.25
6/30/2016 5,323,862.50
11/1/2016 351,931.25 351,931.25
5/1/2017 351,931.25 351,931.25
6/30/2017 703,862.50
11/1/2017 351,931.25 351,931.25
5/1/2018 351,931.25 351,931.25
6/30/2018 703,86150
11/1/2018 351,931.25 351,931.25
5/1/2019 351,931.25 351,931.25
6/30/2019 703,862.50
11/1/2019 351,931.25 351,931.25
5/1/2020 5,355,000 351,931.25 5,706,931.25
6/30/2020 6,058,862.50
11/1/2020 244,83115 244,831.25
5/1/2021 244,531.25 244,831.25
6/30/2021 489,662.50
11/1/2021 244,831.25 244,831.25
5/1/2022 244,831.25 244,831.25
6/30/2022 489,662.50
11/1/2022 244,831.25 244,831.25
5/1/2023 244,831.25 244,831.25
6/30/2023 489,662.50
11/1/2023 244,831.25 244,831.25
5/1/2024 5,730,000 244,831.25 5,974,831.25
6/30/2024 6,219,662.50
11/1/2024 126,650.00 126, 650.00
5/1/2025 5,960,000 126,650.00 6,086,650.00
6/30/2025 6,213,300.00
11/1/2014 160,500.00 160,500.00
5/1/2014 400,000 160,500.00 560,500.00
6/30/2014 721,000.00
ii/i/zoia 150,500.00 150,500.00
s/i/zois 425,000 150,500.00 575,500.00
6/30/2015 726,000.00
11/1/2015 139,875.00 139,875.00
5/1/2016 450,000 139,875.00 589,875.00
6/30/2016 729,750.00
11/1/2016 128,625.00 128,625.00
5/1/2017 465,000 128,625.00 593,625.00
6/30/2017 722,250.00
11/1/2017 117,000.00 117,000.00
5/1/2018 490,000 117,000.00 607,000.00
6/30/2018 724,000.00
11/1/2015 104,750.00 104,750.00
5/1/2019 510,000 104,750.00 614,750.00
6/30/2019 719,500.00
11/1/2019 92,000.00 92,000.00
5/1/2020 540,000 92,000.00 632,000.00
6/30/2020 724,000.00
ii/i/zozo 78,500.00 78,500.00
5/1/2021 570,000 78,500.00 648,500.00
6/30/2021 727,000.00
11/1/2021 64,250.00 64,250.00
5/1/2022 595,000 64,250.00 659,250.00
6/30/2022 723,500.00
11/1/2022 49,375.00 49,375.00
5/1/2023 625,000 49,375.00 674,375.00
6/30/2023 723,750.00
11/1/2023 33,750.00 33,750.00
5/1/2024 655,000 33,750.00 688,750.00
6/30/2024 722,500.00
11/1/2024 17,375.00 17,375.00
5/1/2025 695,000 17,375.00 712,375.00
6/30/2025 729,750.00
29,630,000 8,417,987.50 38,047,987.50 38,047,987.50 6,420,000 2,273,000.00 8,693,000.00 8,693,000.00
Exhibit A
A-5
City of Virginia Beach Developmerrt Authority
Public Facility Revenue and Refunding Revenue eond
Schedule of Payments
Taxable Public Facility Bonds (2003A)
AnnualDebt
D Date prirxipal Irterest DebtService
12/1/2014 7,600,000 199,500.00 7,799,500.00
6/30/2014 7,799,500.00
7,600,000 199,500.00 7,799,500.00 7,799,500.00
Exhibit A
A-6
EXHIBIT B
DESCRIPTION OF SERIES 2014 PROJECTS
The following sets forth brief descriptions of the City projects to be financed in whole or
in part with public facility revenue bonds (`PFRB") of the Authority, and the amount of each
project to be financed with proceeds of the Public Facility Revenue Bonds, Series 2014A:
Projects to be Financed with Public Facility Revenue Bonds
Projecd Total Total PFRB Series
Fund Project.Name Description Programmed Planned 2014A
Number Cost Financing Bonds
2-045 Pacific Avenue This project provides for the improvements to $20,000,000 $17,330,000 $428,826
Improvements Pacific Avenue between 15`h Street and 23rd
street within the existing right-of-way, to
include undergrounding of existing overhead
utilities and public utility upgrades. In
addition, new LED street lighting and traffic
light signal mast arms will be installed.
2-143 Laskin Road This project will initially provide streetscape $39,956,947 $5,744,961 $4,490,023
Gateway - Phase I-A 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.
2-401 GreenwichRoad This is the first phase of overall eastbound I- $15,895,500 $2,474,741 $510,957
Crossover/Cleveland 264 interstate improvements that will relocate
St. Improvements the existing Greenwich Road into the existing
Cleveland StreedClearfield Avenue
intersection. This project represents the
City's share of the Virginia Department of
Transportation project and the required City
improvements to the Cleveland
StreedClearfield Avenue intersection. This
project will be designed and constructed in ?
three phases, with the first two phases
included in this project.
2-409 Centerville Tumpike This project will provide two southbound $31,000,000 $10,869,000 $256,113
- Phase II lanes on Centerville Turnpike and Jake Sears
Road to Broadwindsor Lane as well as triple
left turn lane at intersection of Indian River
Road and Centerville Turnpike. Part of a
future six-lane section of the road way.
B-1
Project/ Total Total PFRB Series
Fund Project Name Description Programmed Planned 2014A
Number Cost Financing Bonds
3-140 Energy Performance This project accounts for energy performance $4,583,915 $4,583,915 $484,757
Contracts contract in City facilities. The project
includes upgrades and improvements which
provide energy consumption savings. The
upgrades include direct digital control systems
for heating, ventilation and air-conditioning
and other energy-saving equipment.
3-142 CIT-Com Communications infrastructure including $34,573,605 $5,727,934 $4,629,173
Infrastructure radios, computer aided dispatch workstations,
Replacement - Phase transmitter sites, public safety vehicle mobile
II computer terminals and hardware.
3-200 Revenue Assessment This project provides for a comprehensive and $11,924,799 $2,446,720 $229,728
and Collection coordinated replacement of computer systems
System currently used to support tax revenue and
collection.
4-505 Bow Creek This project will fund the design and $25,123,023 $24,193,061 $11,600,289
Community Rec Ctr. construction costs required to tear down and
rebuild the Bow Creek Community Recreation
Center and relocate certain storage facilities
on the current site.
4-506 Parks Infrastructure This project funds the implementation of $7,650,000 $1,000,000 $254,693
Renewal and renovations, replacements in all City
Replacement signature, metro, and community parks as well
as special use sites totaling 1,100 acres
throughout the City.
8-003 Landfill Phase 2 This project will provide a cap over the Phase $17,417,000 $2,348,122 $1,397,496
Capping I cell of landfill #2. The cap covers an area of
approximately 80 acres, providing
environmental protection required under
Virginia Solid Waste Regulations.
9-085 Burton Station Road This project will provide basic and long $3,250,000 $3,250,000 $17,623
Improvements - Ph II 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.
B-2
Projecd Total Total PFRB Series
Fund Project Name Description Programmed Planned 2014A
Number Cost Financing Bonds
9-091 Burton Station Road The purpose of this project is to provide a $8,500,000 $8,500,000 $275,256
Improvements - Ph connection between Burton Station Road and
III 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.
169 Town Center The parking garage in Block ll of the Town $20,419,202 $20,419,202 $20,419,202
Center Project is Phase V of the development.
Phases I- III are complete; Phase IV approval
term is expired. The garage will have 900+
parking spaces on seven levels.
21-103 Renovations and This project provides resources to insure that $51,218,702 $2,600,000 $2,000,000
Replacements - adequate heating, cooling, and ventilation is
HVAC Systems - Ph available in school sites through projects to
II provide improved or upgraded HVAC systems
in schools throughout the City.
1-233 Consolidated Old This project is for the replacement of Old $63,360,000 $19,400,000 $2,405,864
Donation Donation Center and Kemps Landing Magnet
Center/Kemps with a consolidated facility. Old Donation
Landing Magnet Center, originally built in 1965, and Kemps
Replacement 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.
TOTAL $354,853,491 $130,868,454 $49,400,000
B-3
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
G1
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
comiection with the City of Virginia Beach Development Authority (the "Authority"), the
financing of various public facilities from time to time, including improvements to streets and
roads and related infrastructure for Pacific Avenue, Laskin Road Gateway phase 1-A, Greenwich
Road/Cleveland Street, Centerville Turnpike phase II, Burton Station Road phase II and phase
III; energy management and heating ventilation and cooling equipment upgrades and
improvements for energy consumption savings in City and public school facilities;
communications infrastructure replacement phase II for dispatch stations, transmitter sites and
public safety vehicles and related hardware and software; computer system replacement for tax
revenue assessment and collection management; design and construction of improvements to the
Bow Creek Community Recreation Center; public park infrastructure renovations and
improvements; landfill capping for public landfill number two; construction of a replacement
facility and related improvements for the consolidation of Old Donation Center and Kemps
Landing Magnet and construction of the Town Center phase V public parking garage
(collectively,the "2014 Projects"); and
WHEREAS, the City further desires to achieve debt service savings by refinancing all or
a portion of certain Public Facility Revenue Bonds, Series 2005A (the "Prior Bonds") previously
issued by the Authority on behalf of the City to finance various public facilities; 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, Series 2014A in the
maximum principal amount of $49,400,000 and its Public Facility Refunding Revenue Bonds,
Series 2014B in the maximum principal amount of $25,000,000 (collectively, the "Series 2014
Bonds") in financing the 2014 Projects, refinancing all or a portion of the Prior Bonds and
paying costs of issuing the Series 2014 Bonds; and
WHEREAS, the City desires to complete the financing of the 2014 Projects and
refunding of the Prior Bonds within the current fiscal year ending June 30, and in furtherance of
such objective, the Authority at its May 20, 2014 meeting, upon presentation of the City's
proposed financing plan by representatives of the City, approved the issuance of the Series 2014
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 2014 Projects, the refunding of the Prior Bonds and the issuance and sale of
the Series 2014 Bonds, which Documents were provided to the Authority in connection with the
Authority's approval:
(a) Seventh Supplemental Agreement of Trust draft dated June 1, 2014 (the "Seventh
Supplemental Agreement"), supplementing the Agreement of Trust dated as of
September 1, 2003, as previously supplemented, including the form of the Series
2014 Bonds (collectively, the "Trust Agreement"), all between the Authority and
U.S. Bank National Association (successor to Wachovia Bank, National
Association), as successor trustee (the "Trustee"), pursuant to which the Series
2014 Bonds are to be issued and which is to be acknowledged and consented to
by the City;
(b) Sixth Supplemental Support Agreement draft dated June 1, 2014, 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 payrnents
to the Authority in amounts sufficient to pay the principal of and interest on the
Series 2014 Bonds;
(c) Preliminary Official Statement draft dated May 28, 2014, of the Authority relating
to the public offering of the Series 2014 Bonds (the Preliminary Official
Statement"); and
(d) Continuing Disclosure Agreement draft dated June 1, 2014, 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
2014 Bonds;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The following plan for financing the 2014 Projects and refunding the Prior Bonds
is hereby approved.
(a) The Authority will issue the Series 2014 Bonds in a maximum aggregate
principal amount not to exceed $74,400,000, of which not more than $49,400,000 will be used
for the 2014 Projects and not more than $25,000,000 will be used for refunding the Prior Bonds.
The Authority will use the proceeds of the Series 2014 Bonds to finance the costs of the 2014
Projects, to refund all or a portion of the Prior Bonds within the limitations set forth in paragraph
(b) and Section 4(b) below and at the election of the City Manager to pay all or a portion of the
costs of issuance of the Series 2014 Bonds. 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 2014 Bonds and to pay the fees or
expenses of the Authority and the Trustee. The obligation of the Authority to pay principal of
2
and premium, if any, and interest on the Series 2014 Bonds will be limited to Annual Payments
and Additional Payrnents received from the City. The Series 2014 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 2014 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 2014 Projects shall contain such additional requirements and provisions as may be approved
by the City.
(b) In connection with the refunding of the Prior Bonds, the City Manager is
authorized and directed to select the principal maturities of the Prior Bonds or portions of such
maturities to be refunded and, working with the Authority, to cause to be called for optional
redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in
accordance with the provisions of such bonds; provided such maturities or portions thereof
selected are expected in the aggregate to provide a minimum savings of 3.0% on a net present
value basis as determined by the City's financial advisor, Public Resources Advisory Group (the
"Financial Advisor"). In connection with the refunding herein authorized, the City Manager, if
determined necessary or appropriate in consultation with the Financial Advisor, is authorized to
retain the services of independent consultants to provide verification reports (the "Verification
Agent") on aspects of the refunding and is further authorized to retain the services of one or
more escrow agents (the "Bscrow Agent") and to enter into escrow agreements with them to the
extent needed to hold portions of the proceeds of the Series 2014 Bonds, defeasance securities
purchased with such proceeds and other funds as needed pending their application to refund the
Prior Bonds or portions thereof selected to be refunded.
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
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 2014 Bonds, which
shall be sold to the purchaser or purchasers thereof on terms as shall be satisfactory to the City
Manager; provided for a combined sale of the Series 2014A Bonds and Series 2014B Bonds or
upon a separate sale of the Series 2014A Bonds, such bonds (i) shall mature not later than
December l, 2034, (ii) have a true or "Canadian" interest cost not exceeding 4.00% (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,
3
2024, 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.
(b) In the event the City Manager determines in consultation with the
Financial Advisor that it is in the best interest of the City to provide for a separate sale of the
Series 2014B Bonds for the refunding of the Prior Bonds, then with respect to such separately
sold Series 2014B Bonds, such bonds (i) shall mature not later than the final maturity date of the
Prior Bonds being refunded, (ii) have a true or "Canadian" interest cost not exceeding 3.50%
(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, 2024, 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.
(c) 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 2014 Bonds and, in consultation with the Financial
Advisor, to provide for the issuance of the Series 2014 Bonds in one or more series at the same
time or at different times as tax-exempt or taxable obligations, with appropriate series
designations, as the City Manager determines to be necessary or appropriate and in the best
interest of the City.
(d) The Series 2014 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 2014 Bonds to the bidder providing the
lowest "true" or "Canadian" interest cost, subject to the limitations set forth in the paragraphs
above. Following the sale of the Series 2014 Bonds, the City Manager shall file a certificate with
the City Clerk setting forth the final terms of the Series 2014 Bonds. The actions of the City
Manager in approving the terms of the Series 2014 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 2014 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
2014 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 2014 Bonds shall constitute
conclusive evidence that the City has deemed the Official Statement final as of its date within the
meaning of the Rule.
4
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 2014 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 2014 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 2014 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 2014 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 2014 Bonds, including the use of the
projects financed and refinanced 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 2014 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 2014 Bonds, the undertaking of the 2014 Projects and the
refinancing of the Prior Bonds 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 2014 Projects and refinancing of the Prior Bonds
through the issuance by the Authority of the Series 2014 Bonds.
12. This Resolution shall take effect immediately.
5
Adopted by the City Council of the City of Virginia Beach, Virginia, this day of May,
2014.
APPROVED AS TO CONTENT:
>? J
Finance Department
APPROVED AS TO LEGAL
SUFFICIENCY:
i
Attorney's Office
CA13012
R-1
May 15, 2014
6
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 27, 2014, 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:
William D. Sessoms, Jr., Mayor
Louis R. Jones, Vice Mayor
Robert M. Dyer
Barbara M. Henley
Shannon DS Kane
Brad Martin
John D. Moss
Amelia N. Ross-Hammond
John E. Uhrin
Rosemary Wilson
James L. Wood
/
- ?-
- ?-
- ?-
- ?-
- ?-
- ?-
/
- ?-
/
- ?-
VOTE:
2. The foregoing Resolution is a true and correct copy of such Resolution as adopted
on May 27, 2014. 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, 2014.
Clerk, City Council of the City of Virginia
Beach, Virginia
(SEAL)
4833-1034-8314.1
7
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'J
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Resolution Petitioning the Commonwealth Transportation Board to
Convey Certain Real Property to the City of Virginia Beach
MEETING DATE: May 27, 2014
¦ Background: The Commonwealth of Virginia (the "Commonwealth") acquired
parcels of real estate in connection with the construction, reconstruction, alteration,
maintenance and/or repair of the following twenty-two (22) projects (collectively, the
"Projects"), located in the City of Virginia Beach (the "City"):
U000-134429, RW201
U000-134-103, RW201
U000-134-104, RW201
U000-134-107, RW202
U000-134-107, RW203
U000-134-107, RW204
U000-134-109, RW201
U000-134-118, RW201
U000-134-119, RW201
U000-134-121, RW201
U000-134-126, RW201
0013-134-101, RW201
0044-134-104, RW202
0044-134-104, RW203
0044-134-105, RW201
0044-134-107, RW201
0058-134-101, RW201
0058-134-101, RW203
0060-134-101, RW201
0064-134-104, RW202
0165-134-102, RW201
0165-134-104, RW201
London Bridge Rd (International to Rt. 58)
Great Neck Road (Rt. 58 to Shorehaven Drive)
Indian River Road (I-64 to Chesapeake Line)
Haygood Road (Newtown Road to Independence Blvd.)
Newtown Road (Virginia Beach Blvd. to Baker
Road/Virginia Beach Boulevard)
Newtown Road (Virginia Beach Blvd. to Baker Road)
Witchduck Road (Rt. 58 to Pembroke Blvd.)
Oceana Blvd. (First Colonial Road. to General Booth
Blvd.)
Pacific Avenue / General Booth Blvd. (NorFolk Avenue
to Harbor Pt.)
Dam Neck Road (General Booth Blvd. to Dam Neck
Naval Facility)
Salem Road (Dewitt Way to Rock Lake Loop)
Military Hwy. (Chesapeake Line to NorFolk Line)
I-44 (Interchange at First Colonial Road)
I-44 (Interchange at Lynnhaven Parkway)
I-44 (Interchange at Independence Blvd / Baxter Road)
I-44 (Interchange Birdneck Road)
Virginia Beach Blvd. (Laskin Road to Witchduck Road)
Virginia Beach Blvd. (Rosemont Road to N. Great Neck
Road)
Shore Drive (Atlantic Avenue to Fort Story)
I-64 (Commuter Parking Lot at Indian River Road)
Kempsville-Princess Anne Rd (Norfolk Line to
Parliament Drive)
Princess Anne Rd (Edwin Drive to Windsor Oaks Blvd
As part of the Projects, the Commonwealth constructed, reconstructed, altered,
maintained and/or repaired various roadways, as shown on the plan sheets attached to
the Resolution. The Projects have been completed; however, title to the real property
encompassed by the Projects (the "Rights-of-Way") remains vested in the
Commonwealth. The Commonwealth Transportation Board (the "CTB") will not begin
the process of transferring title of the Rights-of-Way to a locality until that locality
formally petitions the CTB, pursuant to Virginia Code Sections 33.1-89 and 33.1-149.
¦ Considerations: The City receives funds from the Commonwealth to assist with
physically maintaining the Rights-of-Way. Conveying the Rights-of-Way to the City
would not affect funding from the Commonwealth or increase costs to the City.
¦ Public Information: Advertisement of City Council Agenda.
¦ Alternatives: Commonwealth of Virginia retains title to the Rights-of-Way.
¦ Recommendations: Approval.
¦ Attachments: Resolution
Plan Sheets (22)
Recommended Action: Approval
Submitting Department/Agency: Public Works / Real Estate *'?' ?Ao
City Manage . ? ?
.
1 RESOLUTION PETITIONING THE COMMONWEALTH
2 TRANSPORTATION BOARD TO TRANSFER CERTAIN
3 REAL PROPERTY TO THE CITY OF VIRGINIA BEACH
4
5 WHEREAS, the Comm onwealth of Virginia (the "Commonwealth") acquired
6 parcels of real estate for the construction, reconstruction, alteration, maintenance, or
7 repair of various roadways in connection with the following twenty-two (22) projects
8 (collectively, the "Projects"), located in the City of Virginia Beach (the "City"):
9
10 U000-134429, RW201 London Bridge Road (International to Rt. 58)
11 U000-134-103, RW201 Great Neck Road (Rt. 58 to Shorehaven Drive)
12 U000-134-104, RW201 Indian River Road (I-64 to Chesapeake Line)
13 U000-134-107, RW202 Haygood Road (Newtown Rd to Independence Blvd.)
14 U000-134-107, RW203 Newtown Road (Virginia Beach Blvd. to Baker
15 Road/Virginia Beach Boulevard)
16 U000-134-107, RW204 Newtown Road (Virginia Beach Blvd. to Baker Road)
17 U000-134-109, RW201 Witchduck Road (Rt. 58 to Pembroke Blvd.)
18 U000-134-118, RW201 Oceana Blvd. (First Colonial Road to General Booth
19 Blvd.)
20 U000-134-119, RW201 Pacific Avenue / General Booth Blvd. (Norfolk Avenue
21 to Harbor Pt.)
22 U000-134-121, RW201 Dam Neck Road (General Booth Blvd. to Dam Neck
23 Naval Facility)
24 U000-134-126, RW201 Salem Road (Dewitt Way to Rock Lake Loop)
25 0013-134-101, RW201 Military Hwy. (Chesapeake Line to Norfolk Line)
26 0044-134-104, RW202 I-44 (Interchange at First Colonial Road)
27 0044-134-104, RW203 I-44 (Interchange at Lynnhaven Parkway)
28 0044-134-105, RW201 I-44 (Interchange at Independence Blvd. / Baxter Road)
29 0044-134-107, RW201 I-44 (Interchange Birdneck Road)
30 0058-134-101, RW201 Virginia Beach Blvd. (Laskin Road to Witchduck Road)
31 0058-134-101, RW203 Virginia Beach Blvd. (Rosemont Road to N. Great Neck
32 Road)
33 0060-134-101, RW201 Shore Drive (Atlantic Avenue to Fort Story)
34 0064-134-104, RW202 I-64 (Commuter Parking Lot at Indian River Road)
35 0165-134-102, RW201 Kempsville-Princess Anne Rd (Norfolk Line to
36 Parliament Drive)
37 0165-134-104, RW201 Princess Anne Road (Edwin Drive to Windsor Oaks
38 Blvd.)
39
40 WHEREAS, all aspects of the construction, reconstruction, alteration,
41 maintenance and/or repair of the Projects are complete and title to the real property
42 encompassed by the Projects (the "Rights-of-Way") remains vested in the
43 Commonwealth;
44
45 WHEREAS, the Rights-of-Way constitute sections of public roadways and related
46 residual areas acquired, and th e City maintains the Rights-of-Way; and
47 WHEREAS, the City Council believes it would be in the best interest of the City
48 for title to the Rights-of-Way acquired in connection with the said Projects to be
49 transferred to the City.
50
51 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
52 CITY OF VIRGINIA BEACH, VIRGINIA:
53
54 1. That the City Council of Virginia Beach hereby petitions the
55 Commonwealth Transportation Board, pursuant to §33.1-89 and §33.1-149 of the Code
56 of Virginia, as amended, to transfer all real estate, property and interests comprising the
57 Rights-of-Way acquired incidental to the construction, reconstruction, alteration,
58 maintenance, or repair of the Projects, as shown the plan sheets attached hereto as
59 Exhibit A, and made a part hereof, to the City of Virginia Beach, and to take such other
60 action as necessary to complete the conveyance of title for the Rights-of-Way to the
61 City of Virginia Beach, and upon transfer, such Rights-of-Way shall cease being a part
62 of the State Highway System.
63
64 2. That the City Manager, or his authorized designee, is hereby authorized to
65 execute any and all documents to complete the conveyance of title to the Rights-of-Way
66 from the Commonwealth to the City, so long as the documents contain such terms,
67 conditions and modifications as may be acceptable to the City Manager and in a form
68 deemed satisfactory by the City Attorney.
69
70 Adopted by the City Council of the City of Virginia Beach, Virginia, this
71 day of , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
P6tIic Works / Real Estate City Attorney
CA12778
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CITY OF VIRGINIA BEACH
, AGENDA_ITEM ?
ITEM: A Resolution to Grant Permits Allowing Certain Emergency Medical Services
Agencies to Operate in the City of Virginia Beach
MEETING DATE: May 27, 2014
¦ Background: City Code Section 10.5-2 requires any organization that operates
an emergency medical services agency or any emergency medical services vehicle
within the City to obtain a permit from City Council. Such permits must be renewed by
City Council annually.
¦ Considerations: The following applications have been received and processed
by the Department of Emergency Medical Services for the operation of basic and
advanced life support agencies: Eagle Medical Transports, American Lifeline Medical
Transport, Lifeline Ambulance Service, Mid-Atlantic Regional Ambulance, Children's
Hospital of the King's Daughters, Special Event Providers of Emergency Medicine,
Nightingale Air Ambulance Service, Emergency Medical Response, Reliance Medical
Transport, and Medical Transport, LLC. During the previous twelve months, most of the
private emergency medical services agencies listed above performed non-emergency
and inter-facility transports to include both basic and advanced life support calls.
¦ Public Information: Public information will be handled through the normal
Council agenda process.
¦ Attachments: Resolution
Recommended Action: Adoption
Submitting DepartmentlAgency: Department of Emergency Medical Services
City Manager: 3?? ?. , Z!?"
1 A RESOLUTION TO GRANT PERMITS ALLOWING
2 CERTAIN EMERGENCY MEDICAL SERVICES
3 AGENCIES TO OPERATE IN THE CITY OF VIRGINIA
4 BEACH
5
6 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates
7 an emergency medical services agency or any emergency medical services vehicle within
8 the City must first obtain a permit from City Council, and such permits must be renewed on
9 an annual basis; and
10
11 WHEREAS, applications for permit renewals have been received by the following
12 agencies: Eagle Medical Transports, American Lifeline Medical Transport, Lifeline
13 Ambulance Service, Mid-Atlantic Regional Ambulance, Children's Hospital of the King's
14 Daughters, Special Event Providers of Emergency Medicine, Nightingale Air Ambulance
15 Service, Emergency Medical Response, Reliance Medical Transport, and Medical
16 Transport, LLC; and
17
18 WHEREAS, the above-listed private ambulance agencies perform services not
19 provided by the City's volunteer rescue squads, such as non-emergency inter-facility
20 transports, which include both basic and advance life support calls.
21
22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
23 VIRGINIA BEACH;
24
25 1. That the City Council hereby grants Emergency Medical Services permits to the
26 following agencies:
27
28 Eagle Medical Transports, American Lifeline Medical Transport, Lifeline Ambulance
29 Service, Mid-Atlantic Regional Ambulance, Children's Hospital of the King's
30 Daughters, Special Event Providers of Emergency Medicine, Nightingale Air
31 Ambulance Service, Emergency Medical Response, Reliance Medical Transport,
32 and Medical Transport, LLC.
33
34 2. That these permits shall be effective from July 1, 2014 until June 30, 2015.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this day
of , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
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E ergency e ical Services i yAttey's ice
CA13009
R-2/May 15, 2014
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Exempt from Local Taxation Certain Real and Personal
Property Used by the Military Aviation Museum for Exhibition or Educational
Purposes
MEETING DATE: May 27, 2014
¦ Background: The Military Aviation Museum (the "Museum") is located on more
than a hundred acres just south of the Pungo area in Virginia Beach. The Museum is a
nonprofit organization exempt from federal income taxation under § 501(c) (3) of the
Internal Revenue Code. The museum includes a reproduction of War World II hangers,
modern exhibit space, and many other ancillary buildings. This facility hosts tens of
thousands of visitors per year and is a tremendous educational tool to show students,
both young and old, improvements to aviation through military usage and the
"inventedness" of man. This is also a substantial tourism attraction.
¦ Considerations: The City's Legislative Agenda included a request that the
General Assembly provide enabling legislation for tax relief for the Museum. This
request was granted by the General Assembly in its 2014 Session. This legislation was
required because of the ownership structure of the Museum and exhibits. The real and
personal property is owned by a for-profit entity, but the real and personal property is
exclusively used by the non-profit museum. If the property was directly owned by a
non-profit museum, it would be exempt from taxation without this Council action. The
real property that would be exempted from taxes generates approximately $80,000
each year. The City Manager will be directed to make an adjustment in the FY2014-15
Operating Budget to reflect the foregone tax revenues. The effective date of this
ordinance is July 1, 2014, which is also the effective date of the General Assembly
legislation.
¦ Public Information: Public information will be provided through the normal
Council agenda process.
¦ Attachment: Ordinance
Requested by Councilmember Wilson
REQUESTED BY COUNCILMEMBER WILSON
1 AN ORDINANCE TO EXEMPT FROM LOCAL
2 TAXATION CERTAIN REAL AND PERSONAL
3 PROPERTY USED BY THE MILITARY
4 AVIATION MUSEUM FOR EXHIBITION OR
5 EDUCATIONAL PURPOSES
6 WHEREAS, the Military Aviation Museum is a nonprofit organization exempt from
7 federal income taxation under § 501(c) (3) of the Internal Revenue Code; and
8 WHEREAS, the Military Aviation Museum has been provided the exclusive use of
9 certain real and personal property to exhibit or display Warbirds to the general public for
10 educational purposes, including such flights as are necessary for testing, maintaining, or
11 preparing such aircraft for safe operation, or demonstrate the performance of Warbirds
12 at airshows and flight demonstrations of Warbirds, including such flights as are
13 necessary for testing, maintaining, or preparing such aircraft for safe operations; and
14 WHEREAS, for purposes of this ordinance, "Warbirds" means airplanes that
15 were manufactured prior to 1955 and intended for military use;
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL FOR THE CITY OF
17 VIRGINIA BEACH, VIRGINIA, THAT
18 1. That the real and personal property subject to the sole use or occupancy of
19 the Military Aviation Museum to exhibit or display Warbirds to the general
20 public or otherwise use Warbirds for educational purpose is hereby exempt
21 from local property taxation.
22
23 2. That this exemption is contingent on the following:
24 (a) continued use of the property by the Military Aviation Museum for
25 exhibition or display to the general public or otherwise use for educational
26 purposes;
27 (b) that each July 1, the Military Aviation Museum shall file with the
28 Commissioner of the Revenue a copy of its most recent federal income
29 tax return, or if no such return is required, it shall certify its continuing tax
30 exempt status to the Commissioner of the Revenue;
31 (c) that every three years, in accordance with State law, beginning on
32 January 1, 2017, the Virginia Aviation Museum shall file an exemption
33 application with the Commissioner of the Revenue as a requirement for
34 retention of the exempt status of the property; and
35 (d) that the Virginia Aviation Museum cooperate fully with the Commissioner
36 of the Revenue with respect to compliance with the terms of this
37 ordinance.
38
39 3. That the effective date of this ordinance shall be July 1, 2014.
40
41 4. The City Manager is directed to reduce revenues and expenditures in the
42 FY2014-15 Operating Budget to reflect the exemption provided herein.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of .2014.
APP AS TO LEGAL SUFFICIENCY:
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Ctor y's bfKce
CA13001
R-2
May 1, 2014
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CITY OF VIRGINIA BEACH
? AGENDAITEM
ITEM: An Ordinance to Accept and Appropriate $25,090 from the Virginia Department
of Emergency Management
MEETING DATE: May 27, 2014
¦ Background: The City has been awarded $25,090 by the Virginia Department of
Emergency Management (VDEM) from the FY 2013 Emergency Management
Performance Grant Program. This is a federal grant from the Department of Homeland
Security that is passed through VDEM. The grant's purpose is: to cover costs of
purchasing supplies for shelter kits for the newly constructed Kellam High School, which
will serve the southern part of the City ($1,090); and to purchase a radio system for a
temporary base station for the City's Medical Friendly Shelter that will allow for
interoperable communications among the various agencies that participate in the
operation of the Medical Friendly Shelter ($24,000).
¦ Considerations: The total grant amount is $50,180, with a City match
requirement of $25,090. This match will be an in-kind contribution utilizing operating
resources in the FY 2013-14 Operating Budget of the Department of Emergency
Medical Services. The end of the program period is March 30, 2015, for obligation of
funds, and April 30, 2015, to complete expenditures and finalize the close out reporting
process.
¦ Public Information: Public information will be coordinated through the normal
Council agenda process.
¦ Recommendation: Adopt the attached budget amendment.
¦ Attachment:Ordinance
Recommended Action: Approval
Submitting Department/Agency: Fire Departmen
City Manager. k .
1
2
3
4
5
6
7
8
9
10
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14
15
AN ORDINANCE TO ACCEPT AND
APPROPRIATE $25,090 FROM THE VIRGINIA
DEPARTMENT OF EMERGENCY MANAGEMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
1. $25,090 in funding from the US Department of Homeland Security is hereby
accepted and appropriated, with estimated federal revenue increased accordingly, to
the FY 2013-14 Operating Budget of the Fire Department for shelter kits at the new
Kellam High School and an interoperable radio system for the City's medical friendly
shelter.
2. An in-kind grant match of $25,090 will be provided by existing resources within
the Department of Emergency Medical Services.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of .2014.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
"?) lI
Budget and Management Services
APPROVED AS TO LEGAL SUFFICIENCY:
Office
CA13016
R-2
May 20, 2014
: pC??A"R„EAGyw
.-
t e se
CITY OF VIRGINIA BEACH
` AGENDA ITEM ,
ITEM: An Ordinance to Accept and Appropriate $22,000 from the Virginia Department
of Emergency Management
MEETING DATE: May 27, 2014
¦ Background: The City has been awarded $22,000 by the Virginia Department of
Emergency Management (VDEM), from the FY 2013 Emergency Management
Performance Grant Program. This is a federal grant from the Department of Homeland
Security that is passed through VDEM. The grant's purpose is to purchase and install
the equipment needed to convert the signal of existing (and any replacement) cameras
located at the oceanfront and at critical intersections throughout the City so that the
feeds from these cameras can be accessed remotely and from the Emergency
Operations Center.
¦ Considerations: The total grant amount is $44,000, with a City match
requirement of $22,000. The match will be in-kind services utilizing the salaries paid to
Police Department personnel who will be working on the project. The end of the
program period is March 30, 2015, for obligation of funds, and April 30, 2015, to
complete expenditures and finalize the close out reporting process.
¦ Public Information: Public information will be coordinated through the normal
Council agenda process.
¦ Recommendation: Adopt the attached budget amendment.
¦ Attachment:Ordinance
Recommended Action: Approval
Submitting Department/Agency: Fire Departme .?el?
City Manager: k ?
?
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$22,000 FROM THE VIRGINIA DEPARTMENT OF
EMERGENCY MANAGEMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
1. $22,000 in funding from the US Department of Homeland Security is hereby
accepted and appropriated, with estimated federal revenue increased accordingly, to
the FY 2013-14 Operating Budget of the Fire Department to pay for costs associated
with remote and Emergency Operations Center access to feeds from the cameras at the
oceanfront and certain intersections in the City.
2. An in-kind grant match of $22,000 will be provided by existing resources within
the Police Department.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of .2014.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT:
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Budget a d Ma agement Ser'vices
APPROVED AS TO LEGAL SUFFICIENCY:
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City Att s ffice
CA13017
R-1
May 8, 2014
-11A B? f1.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer Funding from Various Sources to CIP #3-037, "Thalia
Station Revitalization and Conversion"
MEETING DATE: May 27, 2014
¦ Background: On October 8, 2013, City Council approved project CIP #3-037
Thalia Station Revitalization and Conversion in the amount of $735,000 for the
renovations of the Thalia Fire Station #7 for use by the Department of Emergency
Services. The bids for the construction contract were opened on April 10, 2014. The
apparent low bid was $813,969. The portion of the project budget for construction
contract award was $553,000. As such, the bid exceeded the project budget. An
additional $260,969 is needed to award the construction contract award and an
additional $14,031 is needed for an appropriate construction contingency. This
$275,000 will provide a revised total project budget of $1,010,000.
¦ Considerations: Request for an additional $275,000 to be transferred into CIP
#3-037, "Thalia Station Revitalization and Conversion," from the following sources:
- Project CIP 3-244 Chesapeake Beach Fire & EMS Station - $ 32,000
- Project CIP 3-021 Town Center Fire & EMS Station - $ 31,000
- Project CIP 3-317 Police Special Operations - $ 13,000
- Project CIP 3-606 CIT Fire Station Alerting System - $ 25,000
- Project CIP 3-136 Various Buildings HVAC Replacements - $ 24,000
- Operating Budget: Department of Emergency Communications - $ 120,000
- Operating Budget: Department of Emergency Medical Services - $ 30,000
¦ Public Information: Public information will be provided through the normal
Council Agenda process. In addition, staff briefed City Council on May 20, 2014 about
the need for additional funding.
¦ Recommendations: Approve the attached ordinance.
¦ Attachment: Ordinance
Recommended Action: Approval
Submitting DepartmentJAgency: Public Works/Engineering MD
City Manager: k , ?
1 AN ORDINANCE TO TRANSFER FUNDING FROM
2 VARIOUS SOURCES TO CIP #3-037, "THALIA STATION
3 REVITALIZATION AND CONVERSION"
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 The FY 2013-14 Capital Improvement Program is hereby amended with the
9 following amounts transferred to Capital Project #3-037, "Thalia Station Revitalization
10 and Conversion:"
11
12 a. $32,000 from Project #3-244, "Chesapeake Beach Fire and EMS
13 Station;"
14 b. $31,000 from Project #3-021, "Fire and Rescue Station - Town
15 Center (Thalia);"
16 c. $13,000 from Project #3-317, "Police Special Operations;"
17 d. $25,000 from Project #3-606, "CIT Fire Station Alerting System;" and
18 e. $24,000 from Project #3-136, "Various Buildings HVAC
19 Replacements."
20
21 BE IT FURTHER ORDAINED, THAT:
22
23 $120,000 from the FY 2013-14 Operating Budget of the Department of
24 Emergency Communications and Citizen Services and $30,000 from the FY 2013-14
25 Operating Budget of the Department of Emergency Medical Services are hereby
26 transferred to CIP #3-037, "Thalia Station Revitalization and Conversion."
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2014.
APPROVED AS TO CONTENT: APPOROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services Ci to ey's ffice
CA13025
R-1
May 20, 2014
J. PLANNING
1. Application of EBENEZER BAPTIST CHURCH for a Street Closure on portions of Norwich
Avenue, Burma Road and Wesleyan Drive re an expansion of a religious facility (parking lot) at
875 Baker Road
DISTRICT 4 - BAYSIDE
RECOMMENDATION
APPROVAL
2. Application of CROWN CASTLE USA, INC. for a relocation of a Nonconforming Structure re
a communication tower at Meadow Ridge Lane (deferred February 25, March 11 and
Apri18, 2014)
DISTRICT 7 - PRINCESS ANNE
RECOMMENDASTION
APPROVAL
3. Application of HAMPTON ROADS SANITATION DISTRICT (HRSD) for a Conditional
Use Permit re a communications tower and developing a"Smart Sewer System" at 645
Firefall Drive
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
4. Application of MILESTONE COMMUNICATIONS/HAMPTON ROADS SANITATION
DISTRICT for a Conditional Use Permit re a communications tower at 1434 Air Rail Avenue
DISTRICT 4 - BAYSIDE
RECOMMENDATION
APPROVAL
5. Application of TRACY DESJARDINS/RACHEL and JOHN DAVIS for a Conditional Use
Permit re a[Child] Daycare Home at 1521 Oak Knoll Lane
DISTRICT 1 - CENTERVILLE:
RECOMMENDATION
APPROVAL
6. Applications of VIRGINIA BEACH IL AL INVESTORS, LLC/CITY OF VIRGINIA
BEACH at South Independence Boulevard and Princess Anne Road
DISTRICT 1 - CENTERVILLE:
a. Modification of Proffers of a Change of Zoning (approved on February 8, 2011)
b. Conditional Use Permit re senior and disabled housing
RECOMMENDATION
APPROVAL
Application of RODNEY PRICE/DAM NECK CROSSING, LLC for a Conditional Use
Permit re motor vehicle (truck and trailer) rentals at 1630 General Booth Boulevard
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
8. Applications of KOCH DEVELOPMENT CO./SEA ESCAPE CORPORATION at 1701
Atlantic Avenue:
DISTRICT 6 - BEACH
a. Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based
Code.
b. Conditional Use Permit for outdoor recreation
RECOMMENDATION APPLICANT REQUESTS INDEFINITE DEFERRAL
9. Application of RONALD W. and GWENDOLYN L. DODSON for a Conditional Change of
Zoning from R-7.5 Residential to Conditional R-SD Residential for development of single-
family dwellings and to "preserve a historic oak tree" at 1652 and 1658 Kempsville Road
DISTRICT 1 - CENTERVILLE
STAFF'S RECOMMENDATION DENIAL
PLANNING COMMISSION'S RECOMMENDATION APPROVAL
10. Application of OCEANSIDE BUILDING/SHARON CAREY for a Conditional Change of
Zoning from R-15 Residential to Conditional R-10 Residential at 4157 Indian River Road re
development of single-family dwellings
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION APPROVAL
11. Application of MICHAEL D. SIFEN, INC./KIM GORDON HICKMAN, HICKMAN
PLANTATION SHOPPES, LLC, DOUGLAS C. and GLORIA J. BOND HICKMAN and
MARY HUNTER HICKMAN for a Conditional Change of Zoning from R-20 Residential to
Conditional B-2 Community Business to be conducted at the "Hickman Historic House" at
2176, 2180, 2208 General Booth Boulevard
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
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NOTICE OF PUBLIC HEARING
The regular meeting of ihe City Council of the Ci1y of Virginia Beach will be held in
the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach,
Virginia, on Tuesday, May 27, 2014, at 6:00 P.M., at which time the following
applications will be heard:
PRINCESS ANNE - DISTRICT 7
Hampton Roatls Sanitation District Application: ('nndiflonal Use Permit for a
Communications Tower at 645 Firefall Drive (GPIN 2425308333).
Oceansitle Building/Sharon Carey Application: r...,.+iti...,ai rnijnee of Zoning from
R-15 Residential to Conditional R-10 Residential at 4157 Indian River Road (GPIN
1474439961). Rezoning will allow for development of nine (9) single-family houses
(2.45 units/acre). Comprehensive Plan - Suburban Area.
Michael D. Sifen, Inc./Kim Gordon Hickman, Hickman Plantation Shoppes, LLC,
Douglas C. and Gloria J. Bond Hickman, Mary Hunter Hickman Application:
Conditional ChanEe of Zonin¢ from R40 Residential to Conditlonal B-2 Community
Business at 2176, 2180, 2208 General Booth Boulevard (NOrtheast corner of
intersection of Nimmo Pkwy and General Booth Blvd) (GPINs 2414144511;
2414173206; 2414172167; 2414170309; 2414077143).
Crown Castle USA, Inc. Application: Alteration to a Nonconformin2 Structure
(communication tower) focated onan easement on the rear portions of the lots at
2225, 2229. 2231, 2233 and 2237 Meadow Ridge Lane (portions of
1474952333;1474952149;1474952088;1474943936).
Rodney Price/Dam Neck Crossing, LLC Application: Cnnditional Use Permit for
motor vehicle (truck and trailer) rentals at 1630 General Booth Blvd, Suite 106
(GPIN 2415541078).
BAYSIDE - DISTRICT 4
MilestOne Communications(Hampton Roads Sanitation District Application:
r.onditional Use Permit for a communications tower at 1434 Air Rail Avenue (GPIN
1459941175).
Ebenezer Baptist Church Application: Street Closure for portions of Norwich
Avenue, Burma Road and Wesleyan Drive (adjacent GPINs 1458959662 &
1468059344). Conditional Use Permit for an expansion of a religious faciiity
(parking lot) at 875 Baker Road (GPIN 1468059344). '
CENTERVILLE - DISTRICT 1
Tracy Desjardins/Rachel and John Davis Application: Conditional Use Permit for a
Family [Child] Daycare Home with a maximum of twelve (12) children at 1521 Oak
Knoll Lane (GPIN 1465844768).
Virginia Beach IL AL Investors, LLC/City of Virginia Beach Application: Modification
of Proffers for a Change of Zoning approved on 2/8/11. The requested proffer
modifications will allow the development of the site for a senior housing facility.
Conditional Use Permit for housing for sentors at the northem corner of S.
Independence Blvd and Princess Anne Road (GPIN 1485169065).
Ronald W. and Gwendolyn L. Dodson Application: ('nndirionai Change of Zonin2
from R-7.5 Residential to Condttlonal R-5D Residential. Proposal is for development
of ten (10) single-family dwellings (3.97units/acre). Comprehensive Plan -
Suburban Area at 1652 and 1658 Kempsville Road (GPINs 1465143361 &
1465142290).
BFACH - DISTRICT 6
Koch Development Co./Sea Escape Corporation Application: ?o cial x-otion for
Atternative Comoliance to the Oceanfront Resort District Form-Based Code.
('nnrlitional s P rmit for outdoor recreational facility at 1701 Atlantic Avenue
(GPIN 2427179291, part of).
All interested citizens are invited to attentl.
Ruth Hodges Fraser, MMC
Ciry Clerk
Copies ot the proposed ordinances, resolutions and amendmenu are on file and
may be examined in the DepaRment of Planning or online at
?c For Intormation call 385-4621.
If you are physfcalry disabled or visualy Impaired and need assistance at this
meeting, please call the CITY CLERK'S OFFlCE at 385-4303.
Beacon May 11 & 18, 2014 24064659
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CITY OF VIRGINIA BEACH
? AGENDA ITEM
ITEM: Ordinance Approving Application of Ebenezer Baptist Church for the
Closure of a 16,467 Sq. Ft. Portion of Norwich Avenue, Wesleyan Drive and
Burma Road.
MEETING DATE: May 27, 2014
¦ Background:
The applicant is requesting closure of a portion of the paper street known as
Norwich Avenue, from its intersection with Wesleyan Drive to a point
approximately 275 feet to the northwest. The right-of-way was established with
the 1955 Diamond Lake Estates subdivision (M.B. 38. PG. 51 and 52). At the
north, the right-of-way intersected (and continues to intersect) Northampton
Boulevard. At the south, the right-of-way intersected with Mendota Street (now
Burma Road), which intersected Baker Road where Wesleyan Drive does now.
Because Norwich Avenue intersects with and overlaps Burma Road and
Wesleyan Drive, small portions of these streets are also proposed for closure.
The portion of Norwich Avenue between Burma Road (Wesleyan Drive) and
Maywood Boulevard (approximately 700 feet to the northwest) has never been
improved.
The City granted Ebenezer Baptist Church (the "Church") a Right of Entry to use
the area proposed for closure while the Church pursued the formal street closure
application process.
¦ Considerations:
The portion of Norwich Avenue requested for closure is 50 feet wide and is
located between Wesleyan Drive and the point where the northern property line
of Ebenezer Baptist Church intersects the right-of-way. This portion of right-of-
way consists of 16,647 square feet, is unimproved, contains no public or private
utility lines, and is not necessary for access to Diamond Lake Estates. The
purpose of the applicant's request is to combine the area of the closed right-of-
way with the applicanYs existing parcel to allow for the construction of additional
parking. The applicant has submitted a separate modification of its Conditional
Use Permit for that expansion.
Virginia Wesleyan College is the owner of the property on the western side of the
Norwich Avenue. The college agrees with the closure and has no interest in
purchasing the half of the right-of-way adjacent to its property.
Ebenezer Baptist Church - Closure of
A Portion of Norwich Avenue
Page 2 of 2
The Street Closure Viewers met and discussed the proposed closure, and
concluded that there would be no public inconvenience as a result of the closure.
There was no opposition to the request.
¦ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 9-0, to recommend approval of this request to the
City Council with the following conditions.
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City
shall be determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
Copies of the policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcel. The plat must be
submitted and approved for recordation prior to final street closure
approval.
3. The applicant shall verify that no private utilities exist within the right-of-
way proposed for closure. Preliminary comments from the utility
companies indicate that there are no private utilities within the right-of-way
proposed for closure. If private utilities do exist, easements satisfactory to
the utility company, must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days of approval by City Council. If the
conditions noted above are not accomplished and the final plat is not
approved within one (1) year of the City Council vote to close the right-of-
way this approval shall be considered null and void.
¦ Attachments:
Ordinance
Staff Report and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department *? ---
City Manager: .
ELAy$,DE
Ebenezer Baptist Church
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Streef Closure o/ a portion of Norwich Ave., 8urma Rd
and Wesetyan Orvve
2
April 9, 2014 Public Hearing
APPLICANT (Street Closure):
EBENEZER
BAPTIST CHURCH
APPLICANT & PROPERTY OWNER
(Use Permit Modification):
EBENEZER
BAPTIST CHURCH
STAFF PLANNER: Kevin Kemp
REQUESTS:
A. Street Closure for a portion of Norwich Avenue
B. Modification of a Conditional Use Permit (Parking Lot Addition for a Religious Use)
ADDRESS / DESCRIPTION: 875 Baker Road
GPIN: ELECTION SITE SIZES: AICUZ:.
14680593440000 DISTRICT: Street Closure: Less than 65
BAYSIDE 16,467 SF (0.38 acre) d6 DNL
Use Permit:
Existing Church Property: 80,441 SF (1.85 acres)
Total After Street Closure: 96,608 SF (2.23 acres)
BACKGROUND / DETAILS OF PROPOSAL
BACKGROUND
The applicant is requesting to close a portion of Norwich Avenue adjacent to Wesleyan Drive and Modify
an existing Conditional Use Permit in order to provide additional area for parking. The existing 1.85-acre
site has limited space where additional parking could be accommodated; therefore, the applicant wishes
to use the unimproved right-of-way located to the west of the site.
In 1973, a Conditional Use for a religious use was approved for the subject site. The existing church
building on the site was built in 1975. In 1993, a Modification to the Conditional Use Permit was approved
for an addition to the existing church building. Included in this modification was a 14,000 square foot
space that housed classrooms and administrative offices, as well as paving and expanding the existing
parking area to its current capacity of 99 spaces. In 2012, an application was submitted to close the
portion of Norwich Avenue included in this request. That application was indefinitely deferred.
EBENEZER BAPTIST CHURCH
Agenda Item 2
Page 1
DETAILS
The applicant is requesting closure of a 40-foot wide portion of Norwich Avenue located between
Wesleyan Drive and the northern property line of the church parcel. This portion of right-of-way is
unimproved and contains no public or private infrastructure. Additionally, this portion of Norwich Avenue
is not needed to provide access to the neighborhood to the north.
Capital Improvement Program project number 2-145 (Wesleyan Drive) includes widening Wesleyan Drive
from two to four lanes, adding a landscaped median, and constructing a 10 foot wide shared-use path.
These improvements were completed in mid-December, 2013. Street lights are scheduled to be installed
in March 2014. The submitted site plan would create one additional curb cut onto Wesleyan Drive for
vehicles exiting the site.
The proposed parking lot addition will increase the existing parking on site by 40 spaces. The submitted
site plan shows the addition of one access point onto Wesleyan Drive that will be used for egress only.
Additionally, the new parking area will connect to the existing lot and church building via a drive aisle and
sidewalks. Landscaping will be planted along the property line adjacent to Wesleyan Drive. A stormwater
detention area is shown to the rear of the building near the northern property line.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Church building (fellowship hall and office space)
SURROUNDING LAND North: . Vacant Parcels / R-15 Residential District
USE AND ZONING: South: . Wesleyan Drive
• Virginia Wesleyan College / R-15 Residential District
East: • Baker Road
• Single-family homes / R-10 Residential District
West: . Norwich Avenue (unimproved)
• Vacant Parcel / R-15 Residential District
NATURAL RESOURCE AND A majority of the site is developed with a church and concrete
CULTURAL FEATURES: parking surface. The portion of Norwich Avenue being closed is an
undeveloped grass area. There do not appear to be any significant
natural or cultural features on the site. The site is located in the
Chesapeake Bay Watershed.
COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being 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
reinforcing the suburban characteristics of commercial centers and other non-residential areas that
comprise part of the Suburban Area. Achieving these goals requires that all land use activities 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 (pp. 3-1, 3-
2).
EBENEZER BAPTIST CHURCH
Agenda item 2
Page 2
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Wesleyan
Drive 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 125-foot right-of-way. Currently, this segment of
roadway is functioning under capacity at a Level of Service D.
Baker Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial.
The section of Baker Road fronting this site is not included in the Master Transportation Plan. Currently,
this segment of roadway is functioning under capacity at a Level of Service C or better.
The Wesleyan Drive Capital Improvement Program project (CIP 2-145) is almost complete. The current
schedule reflects a completion date of late March.
TRAFFIC: Street Name Present present Capacity Generated Traffic
Volume
Wesleyan Drive 17,149 ADT 14,800 ADT (Level of Existing and Proposed
Service "C") Land Use 2- 687 ADT
22,800 ADT' (Level of
Service "D")
27,400 ADT' (Level of
Service "E" ?
Baker Road 6,447 ADT 13,600 ADT (Level of
Service "C")
15,000 ADT' (Level of
Service "D")
16,200 ADT' (Level of I
Service "E" ?
Average Daily Trips
Z as defined b a church with a floor area of 18,751 s uare feet
WATER & SEWER: The site is currently connected to City water and sewer.
EVALUATION AND RECOMMENDATION
The request to close a portion of Norwich Avenue and Modification of a Conditional Use Permit
application to expand the existing 99-car parking lot by 40 spaces to meet the needs of a growing church
congregation is consistent with the Comprehensive Plan's recommendation for the Suburban Area. The
additional parking is designed to complement the existing parking lot and will enhance the surrounding
area by eliminating the need for on-street parking. The applicant has been working with the City regarding
this proposal, and has come to an agreement that closing and using the portion of Norwich Avenue
adjacent to the site is the best solution to accommodate the desired parking lot expansion.
EBENEZER BAPTIST CHURCH
Agenda Item 2
Page 3
The Street Closure Viewers met, and after discussing the pertinent facts of the requested closure,
concluded that there would be no public inconvenience as a result of the closure and abandonment of the
right-of-way. The Viewers and staff, therefore, have no objection to the closure or modification of the
Conditional Use Permit to accommodate a parking lot expansion, and recommend approval of this
application with the conditions below.
CONDITIONS
STREET CLOSURE
1. The City Attorney's Office will make the final determination regarding ownership of the underlying
fee. The purchase price to be paid to the City shall be determined according to the "Policy
Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City
Council. Copies of the policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed
area into the adjoining parcel. The play must be submitted and approved for recordation prior to
final street closure approval.
3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure.
Preliminary comments from the utility companies indicate that there are no private utilities within
the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the
utility company, must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions
within 365 days of approval by City Council. If the conditions noted above are not accomplished
and the final plat is not approved within one (1) year of the City Council vote to close the right-of-
way this approval shall be considered null and void.
MODIFICATION OF CONDTIONAL USE PERMIT
1. All conditions attached to the Conditional Use Permit granted by City Council on May 25, 1993
remain in effect.
2. With the exception of any modifications required by any of these conditions or as a result of the
development site plan review, the parking lot addition will be completed in substantial adherence
to the submitted site plan entitled, "CONCEPT PLAN PARKING LOT ADDITION, EBENEZER
BAPTIST CHURCH", dated January 27, 2014 and prepared by Gallup Surveyors & Engineers Ltd.
EBENEZER BAPTIST CHURCH
Agenda Item 2
Page 4
NOTE: Further conditions may be required during the administration of applicable City Ordinances
and Standards. Any site plan submitted with this application may require revision during detailed
site plan review to meet all applicable City Codes and Standards. All applicable permits required
by the City Code, including those administered by the Department of Planning / Development
Services Center and Department of Planning / Permits and Inspections Division, and the issuance
of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Desig"?
(CPTED) concepts and strategies as they pertain to this site.
EBENEZER BAPTIST CHURCH
Agenda Item 2
Page 5
Conditions of Mav 25, 1993 Use Permit
1. A stormwater management facility meeting the requirements of the City's Stormwater
Management Ordinance and Chesapeake Bay Preservation Area Ordinance shall be installed
within the property.
2. A reservation of approximately ten (10) feet shall be required on the property facing Baker Road.
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EBENEZER BAPTIST CHURCH
Agenda Item 2
Page 6
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EXNVBIT SHOWING
6'QRTIONS 0F NORWICH AVENUE,
WESLEYAN flRiVE AND BURMA F30Ap ,;CALF: I"=40'
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LAN'?SUR'VEYING, P.C. 'JIRGINIA BEACIi, VIRGINIA QATE: 12f23/2013
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EBENEZER BAPTIST CHURCW
Agenda Item 2
Page 7
CURVE TA 6LE
CURVE RAL?IUS DEITA LENG7H TANGENT CHflRD BEARIWG
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1) UNE AS SHQWN IN INSTF7UMENT #20120307004255930, MAP BQOK 113,
PAGE 22 AND AS SCAL,ED FROM PLANS FOR WESLEYAN DRIVE IMPROVEMENTS
2} THIS AREA IS SHOWN A5 PART OF NORIMCH AVENUE AS BASED ON
INFDRMATION PRQVIQEQ IN INSTRUMENT #20120307000256930, MAP BOOK 113,
PAGE 22 ANO AS SCALED FROM PLANS FQR WEBLEYAN DRIVE IMPROVEMENTS.
HOWEYER, TNIS WDULD MAKE NORWICH AVEMUE SO'(t/-) IN WIDTH AMD NQT
40'(*/-) ?N WiDTFi AS SET FaRTH IN MAP BOQK 37, PAGE 19 AND IN MAP
BOOK 18, PAGE 53.
3) LINE AS SHOVMI IN MAP BOOK 37, PAGE 18 AND MAP 6pQK 16, pAGE 53.
4) THIS SURVEY WAS PERFORMED WITMQUT THE BENeF1T OF A TiTLE REf'QRT
AND MAY NOT SHOW ANY/Atl EASEMENTS OR RESTRICTIOMS THAT MAY
AFFEGT SAID PRQPERTY A5 SHQWN,
EXHIBIT SHOWIMG
PORTIONS QF NORWICH AVENUE,
WESLEYAN DRIVE ANp BURMA RQAp
VIRGINIA BEACH, VIRGINIA
ROOD
LMD StiWEY1MG. P.C.
5737 N#Rl£E STRRk'T TEL:(757)460^1111
NPRFq.FS, YA. 23502 FAM:(797)46e-e3e4
QATE, 92/23/2013
RE uisea- o, /17 /2014
SNEET 2 OF 2
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TANGENT TABLE
EBENEZER BAPTIST CHURCH
Agenda Item 2
Page 8
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PROPOSED SITE PLAN
EBENEZER BAPTIST CHURCH
Agenda Item 2
Page 9
ZONING HISTORY
# DATE REQUEST ACTION
1 01/20/2012 Street Closure Portion of Norwich Ave. Deferred
2 08/12/2008 Conditional Use Permit Cell Tower A roved
02/27/2007 Conditional Use Permit Student Dormitory) A roved
3 02/28/2006 Conditional Use Permit Cell Tower A roved
4 04/27/1999 Subdivision Variance A roved ?
5 05/25/1993 Conditional Use Permit Church Addition A roved
05/21/1973 Conditional Use Permit Reli ious Use A rovsd
6 09/30/1985 Chan e of Zonin R-5 to 0-1- conditions endin A roved
04/23/1984 Chan e of Zonin R-5 to B-2 Denied
08/11/1980 Chan e of Zonin R-5 to A-1 Denied ?
7 01/18/1982 Chan e of Zonin R-5 to A-1 A roved ?
8 09/09/1970 Chan e of Zonin Denied j
EBENEZER BAPTIST CHURCH
Agenda Item 2
Page 10
DISCL08URE STATEMENT
APPt,ICANT QI3GLG$UR1I
M the appNcant is a cmrporotion, partnerahip, flrm, business, 4r alher unincveyorated
owntraWon, cqmploto the feMowfny:
1, Liat tl++e appltaOnt nam* tollowed by tha namr, al Au officera, mambers, fruslces,
partrwre, 94c. below: (Atlach llsl !/nrCUsspry)
OOArge Parker, 8evedy Jaeaba, Asbre 8lount, l.eon Rodpero, Nikito hiouahins
Ricky Msrk* - Ttustees _ 2, list otl businesss thet heve a parent-4ubsidiary' ar af811sted business vnw
reladonshlp with the appllcnnt: {AttACb Nat If nacesaory)
E] ChacK here K the wppQcant ia NOT a oorparatian, poRtttrohip, flrm, dus&+ess, or
otber uninaorparAttd 4rpanixotion,
PROPERTY R?WMER DISCLOSURE
Camplstl tlis so4don onJy I( prQp+erty awner le dMcrent from applksnt.
if the ProPwtY owner is e carpot#tion, putnershtP, tkrm, bueltws, a other
unlnaorpontod arpanizetbn, cwrplste ths following:
1. LMpt the propsRy aNmer nome 4ollowed by the namRi of all officers, memtsors,
truuFtmaa, pnrtna?a, *to, below, (Attach list if neceaaary)
2, liat all 4ueiness.s Ihat have a paront-subsidiary' or AffIlisted buainesa entity,
roloUonAhip with the applicant: (Rltach list tf necesaary)
? Check hera it the property owner Is NOT a carporation, partnership, tirm,
businaas, or other unhcorpareted organization.
8 $e0 next p"o fw footnms
Doea an offlciel or omeloyce o/Clty of Virginia Beach have an interest In the
subjeci land? Yes ,(?J No
If yes, what fa ihe name of the aificiei or cmplayee and the nsture of thek Interest?
Cen4uqnal4n Pomul APedKoYan
Prpo 9 of 10
14hMre 1111ta013
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DISCLOSURE STATEMENT
EBENEZER BAPTIST CHURCH
Agenda Item 2
Page 11
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DISCLOSURE STATEMENT
AqpiTtONAL I1ISCLOSUREB
F9sw:z9,,11,cor*, knr??nm cqniract:oxs ar busineese$ that have or will prmide serviceg W?h r?t
equested prvP'?rty use,including 4ut not limitod W lhe Prov'u?ars of ?chi4ectufa)
e, rea! 68tate sen?itas, t?nancfsl seMCes, accountfng services, and 1eAai
s; (l?ttach Ifst 0 nqcese?ry)
allup Surveyors & Engineers, Gtd. ??
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Rood Land Surveying. PG m -
C3reen Nampton & Kelly, PLLC
"Parqnl-aibsidiQry reletkmship' means "a relattonship 4t+e1 exjitw when one
corporation dlradty vr indirpcUy owns yheres pmxeslnq more ihan !}p perccnt of the uoUnp
pvwwr oi anWher ccxporelion." 5'eo Stats and local Oovernmeat Gonllic+o( interpst9 Act, tts.
G44e; 2,2P9701.
I "AHiliated Iztshteae entity rela4onshlp" mcsr?s "aralNionship, othsr than parent-
subBidlWry rotmtfOr+shp, that exie4e wAen (i) one buainess entqy has a CoMrolNnq ownarst9p
Intote6t in the Mhlr businesR antky, (ii) a ccnkcuir+g vwnor in ona entity ie eIw a con?roUing
awmrr in tha Wher entfty, afi (ii) there;s shwerd monpgemqnt or conVd baNreen ihe burir?sas
enliliea. FACWrs 4h9t ahauld ka conaldottd ip QRt4rtnining U+t axlstenuA of an silSqsl4d
bufinlos entily relatbnshlp Indudo ihit the itsma person or dvbstsndelly the same paraon
own ar menege the twa antitiee; Mhitfe dti common ar cammingled funds at 3eset6: the
butineea eMit{ss tharo the us4 ot the sama r#firea or empl?ores ar Wienwao share aclivbties,
resourcwa w personne) an e rqqular paals; or tN4ro is othanvisR a doao workinp ttNaliionvhip
do tweien the entltle6.' SeQ $tt1le And Lacal Gaverrunvnl Cnnflict of Intetoals AcL V@, Code g
a.z-aTOl.
CERTIFtCAT14N: i rvnay sna ih. +n(wmati<sn ccntained Mrein k true and aacurats.
1 UIIClfilMtrul 1hi1, Uppff (6COIp10! f10liIiCAU0r1 IpoSICaMJ thAt ShC applipBtWn hak9 dARf1 fGll@"d IPt
pu4lia herriny, l am rqsppnsib6e fpr obUirinp end poaUnQ the r:quirod tign an the svbjuct proparty at
leeat 31 dayA prf4r wft achadule0 public hcwinp aceordinp to Ihe inotrucNc+Ir in 1his pacN(aps. Tho
undorolgned aleo eansen4e 4a anYy upon the avbject property by amptoyeaa M the Dapanmsnt vP
Plwknfnp to Pho6p9raph And viow the xilv to, pu,poaos a1 Proceasirp and evaluaUng this opplieafion.
L/-- Mikita Hauchlns, Trustes
Ap nl'o tpgnaRula ? Prk+( Nam!
VfapertyOwnars Slpnaluro ?if dlBarent Inan appllcenq PriM Name
ItVRQI GOlurq JlFpIµyQqn
Piqs14W10
Wiws?d S 117t30iA
DISCLOSURE STATEMENT
EBENEZER BAPTIST CHURCH
Agenda Item 2
Page 12
Q1kLQSURE STATEMENT
mw?
ARPI,iGAN7 D19GLQSURE
If the apPfiaant ia ,oMorallon, partnermhip, finn, buoin4ss, or other uninGarporated
orgsinizaGpn, c[>mRipta tho ipllqwing:
1. l,ist the applioant nam followed by the namxa af eu otticers, msmbera, truatees,
paMnarM1, ote. 6ciaw: (Atfsch Ilat t/ nacesaary)
f3nar e Parkar, Beverly Jacobs, Dsbra Blaunt,
Nlklta MQUChins, and Rfcky Marks - Trustoes
2, Liat atl bualneases that hava a parent-eubaid+ary' ar aKlmted Gusiness entiY
rela.tlnnship wlth the applicant: (Artach liat rf necessary)
[]CMRdt heee il tha applicant la kQT a corp4ratEan, partnarship, firm, busineas, or
othar unincarpuratad urganixation.
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DISCLOSURE STATEMENT
EBENEZER BAPTIST CHURCH
Agenda Item 2
Page 13
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DlSC1..C?$URE ?TATEM?NT
AOQITIONAL DISCLOSURES
U8t 8U krWwtl G4niF&CMrB Qf buiineYSap that hBYQ Qf WIII proAde 8$NtC@S With feSpCGt
ta the raquaatsd propeny use, includirtQ but rnt Itmitad to the pmvidtrss af architectural
services, real eatsRr aervices, tinandal servfcss, accounting servicrs, and tegal
servicros: {Arieeh liat it rteCeSSpry}
Gailup Surveyors & Enginears, Ltd.
Road Gand SurveXing, R.C.
GreBn Hamptcan & Kally, PLLC ?
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'"Parent-aubaidiary relotianahip' rneans "a ro18tlomMp thal axlsls whan ona
aarparatlqn dbeclly or Indlreclly wems sAaroe posusninp more than So percaol at the voling
p4wer pT anclhor carporotton,• Sev Stata and Lncsl Gawmmeru CanlNe; ollntprnue Act, Va.
cote j r.z-a, o1.
2 "AfflNated busfne9e eniity relalfoxish#' mean; "a ntlaUOnBhlp, othcr than perent-
eubsld(ary rslalianWp, that eziste whan (i) one dusin4sa entity has a controliklg prmaiah(p
Inl!airomR I(t the Othe? bLSin4oS antlfy, (u) a conuoping wm0r in one entity is also a eontrdlinp
o*n+w in the othsr wnUty, or (ili) thera ia nhared mwnspemrnt or contrpf boNmen tha bu9iness
eMltiea. Fasxors Itwk should bs conaldared in d4twmW ng the axlatence ot an affii'rated
CwMas enttty relWionihip includre Ihat the aana qanon or wbstRnlloNy lM aams peroan
pwn qr rrwnaps 1he two ons[tia; thwr are cornmon or cqrrunlnglad fvnos qr agnett; the
puslnen RnClieuu chue ihw use ot tha sam4 oNficea at errtploypY$ pr pthenviae aharr acliviRitis,
re44u?ce5 0r Personnel an a repular b,als; cr chpre Is ntherwls,e a close wwking nlsdorrehiP
tetwwn tha fntNks." Sae 3tate and I.oca{ Govemment Conflkt of IMaresis Acl, Va, Gade §
2.2-3i01.
GERTtFtGATlON: i c4rq?y tnat +ns u+tamotlen oortalnwd taruin te incs pnd acaurate,
IundereWnd MM, upon recoNN Rf 1teUtlonlbn tpoeSCerd) that thQ AAMfo011pn hai be&n scMAutld tqr
pubFc ha!inQ. I rm rfspanOls for aRtahhdnnp and pDSqnq Ihe tsevired aipn nn the Eubjeet WopeitY a,t
14aoS 39 dmys Wftr to NR vehaclu!ad puWic Meannq aawding te Y+e lnshuctbrn In mia Packspa. TM
wxiensipnad aiw oortronte tu antry upon the nubJoct propany by errtployees d the Dspw4mw+t d
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DISCLOSURE STATEMENT
EBENEZER BAPTIST CHURCH
Agenda Item 2
Page 14
Item #2
Ebenezer Baptist Church
Street Closure
Portions of Norwich Avenue, Burma Road & Wesleyan Drive
Conditional Use Permit
875 Baker Road
District 4
Bayside
April 9, 2014
CONSENT
An application of Ebenezer Baptist Church for (1) Street Closure for a portion of Norwich
Avenue; and an application of Ebenezer Baptist Church for (2) a Modification of a Conditional
Use Permit (Parking Lot Addition for a Religious Use) on property located at 875 Baker Road;
District 4, Bayside. GPIN: 14680593440000.
CONDITIONS
STREET CLOSURE
1. The City Attorney's Office will make the final determination regarding ownership of the
underlying fee. The purchase price to be paid to the City shall be determined according to
the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"
approved by City Council. Copies of the policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the
closed area into the adjoining parcel. The play must be submitted and approved for
recordation prior to final street closure approval.
3. The applicant shall verify that no private utilities exist within the right-of-way proposed for
closure. Preliminary comments from the utility companies indicate that there are no private
utilities within the right-of-way proposed for closure. If private utilities do exist, easements
satisfactory to the utility company, must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the above stated
conditions within 365 days of approval by City Council. If the conditions noted above are not
accomplished and the final plat is not approved within one (1) year of the City Council vote
to close the right-of-way this approval shall be considered null and void.
MODIFICATION OF CONDTIONAL USE PERMIT
Item #2
Ebenezer Baptist Church
Page 2
1. All conditions attached to the Conditional Use Permit granted by City Council on May 25,
1993 remain in effect.
2. With the exception of any modifications required by any of these conditions or as a result of
the development site plan review, the parking lot addition will be completed in substantial
adherence to the submitted site plan entitled, "CONCEPT PLAN PARKING LOT ADDITION,
EBENEZER BAPTIST CHURCH", dated January 27, 2014 and prepared by Gallup Surveyors &
Engineers Ltd.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to
approve item 2.
AYE 9
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI
RUSSO AYE
THORNTON AYE
WEINER AYE
NAY 0 ABS 0 ABSENT 2
ABSENT
ABSENT
By a vote of 9-0, the Commission approved Item 2 by consent.
Glenn Hampton appeared before the Commission on behalf of the applicant.
1 ORDINANCE APPROVING APPLICATION OF
2 EBENEZER BAPTIST CHURCH FOR THE
3 CLOSURE OF A 16,467 SQ. FT. PORTION
4 OF NORWICH AVENUE, WESLEYAN DRIVE
5 AND BURMA ROAD
6
7 WHEREAS, Ebenezer Baptist Church (the "Applicant") applied to the
8 Council of the City of Virginia Beach, Virginia, to have the hereinafter described right-of-
9 way discontinued, closed, and vacated;
10
11 WHEREAS, a portion of the right-of-way property (the "Right-of-Way
12 Property") described below, has remained unimproved and is no longer needed by the
13 City for right-of-way or other purposes;
14
15 WHEREAS, the Right-of-Way Property is located adjacent to the property
16 known as 875 Baker Road (GPIN 1468-05-9344) (the "Church Property") owned by the
17 Applicant;
18
19 WHEREAS, the Applicant desires to combine the Right-of-Way Property
20 with the Church Property in order to allow for additional parking for its patrons; and
21
22 WHEREAS, it is the judgment of the Council that the Right-of-Way
23 Property be discontinued, closed, and vacated, subject to certain conditions having
24 been met on or before one (1) year from City Council's adoption of this Ordinance, and
25 conveyed to Ebenezer Baptist Church in accordance with the conditions set forth below.
26
27 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
28 Virginia Beach, Virginia:
29
30 SECTION I
31
32 That the hereinafter described unimproved right-of-way be discontinued,
33 closed and vacated, subject to certain conditions being met on or before one (1) year
34 from City Council's adoption of this Ordinance:
35
36 All that certain piece or parcel of land situate, lying and being
37 in the City of Virginia Beach, Virginia, designated and
38 described as "(1) AREA = 6,028 SQ.FT./0.138 AC."; "(2)
39 AREA = 7,721 SQ.FT./0.177 AC."; and "(3) AREA = 2,718
40 SQ.FT./0.062 AC." as shown on that certain exhibit entitled
41 "EXHIBIT SHOWING PORTIONS OF NORWICH AVENUE,
42 WESLEYAN DRIVE, AND BURMA ROAD PROPOSED FOR
43 STREET CLOSURE VIRGINIA BEACH, VIRGINIA," Scale:
44 1"=40', dated December 23, 2013 and last revised February
NO GPIN (RIGHT-OF-WAY)
ADJACENT TO GPIN: 1468-05-9344
45 28, 2014, prepared by Rood Land Surveying, P.C., a copy of
46 which is attached hereto as Exhibit A.
47
48 SECTION II
49
50 The following conditions must be met on or before one (1) year from City
51 Council's adoption of this Ordinance:
52
53 1. The City Attorney's Office will make the final determination
54 regarding ownership of the underlying fee. The purchase price to be paid to the City is
55 normally determined according to the "Policy Regarding Purchase of City's Interest in
56 Streets Pursuant to Street Closures," approved by City Council. Copies of said policy
57 are available in the Planning Department.
58
59 2. The Applicant shall resubdivide the property and vacate internal lot
60 lines to incorporate the closed area into the adjoining parcel. The plat must be
61 submitted and approved for recordation prior to final street closure approval.
62
63 3. The Applicant shall verify that no private utilities exist within the
64 right-of-way proposed for closure. Preliminary comments from the utility companies
65 indicate that there are no private utilities within the right-of-way proposed for closure. If
66 private utilities do exist, easements satisfactory to the utility company must be provided.
67
68 4. Closure of the right-of-way shall be contingent upon compliance
69 with the above stated conditions within 365 days of approval by City Council. If the
70 conditions noted above are not accomplished and the final plat is not approved within
71 one year of the City Council vote to close the right-of-way this approval shall be
72 considered null and void.
73
74 SECTION III
75
76 1. If the preceding conditions are not fulfilled on or before May 26, 2015,
77 this Ordinance will be deemed null and void without further action by the City Council.
78
79 2. If all conditions are met on or before May 26, 2015, the date of final
80 closure is the date the street closure ordinance is recorded by the City Attorney.
81
82 3. The City Manager or his designee is authorized to execute whatever
83 documents are necessary to convey the City's interest in the underlying fee to Ebenezer
84 Baptist Church in accordance with the conditions in Section II, provided said documents
85 are approved by the City Attorney's Office.
86
87 SECTION IV
88
2
89
90
91
92
93
94
95
A certified copy of this Ordinance shall be filed in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
OF VIRGINIA BEACH as "Grantor" and EBENEZER BAPTIST CHURCH, as "Grantee."
Adopted by the Council of the City of Virginia Beach, Virginia, on this
day of , 2014.
APPROVED AS TO LEGAL
SUFFICIENCY:
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City Attr y
CA12775
APPROVED AS TO CONTENT:
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L2 N 29`07`45" W 1 65.84' ?
N 60`52'15" E { 2C}
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N Lr9•U7'45M /T 275.50}
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PAGE 22 AND A5 SCALEQ f R4M PLANS FOR WESLEYAN DRIVE IMPRflVEMENTS
2} Tf-fl5 AREA IS SHt?WN AS PART OF NORWlCH AVENfSE RS BASED ON
iNFQRMATlC7N PR4VIDED IN iNS3RUMENT 020120307000255930. MAP BOOK 113,
PAGE 22 AN€} AS SCAL£C? F'RC}M PLANS F4R WESLEYAN L}R{VE iMPROVE1vIENTS.
HOWEVER, THlS Wt7tJLQ MAKIE NORWCN AVENUE 50`(+/-) !N Wt[?T}-! ANQ td4T
40'(+/-) IN WlD7H AS SET FCIRTH IN MAP BOOK 37, PAGE 19 ANU iN MAP
BOOK 18, PAGE 53,
3} LINE AS SHOWN !N MAP BOOK 37, PAGE 19 AhID tv1AP BOOK 38, PAGE 53,
4) THIS SURVEY WAS PERFORMED YV(THQUT THE BENEF(T OF A 3iTLE REPflRT
AND MAY NOT SHt3W ANYfALC. EASEMENTS C}R RESTRICTi{?NS Tl-iAT MAY
AFFECT SAID PROPERTY AS SHQWN.
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WESLEYAN DRIVE AND BURMA RQAD
PROPOSEd FOR STREET CLC7SURE
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5737 BARTFE STREET TEL:(757)€66-1111
NORFULK, VA. 23502 FAX:(757)466-9384
DATE: 12r 23/2013
REVISED: 01 /i 7/20 ? ?
REVisED: 02/28/1014
sHEET 2 OF 2
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Authorizing the Relocation of a Nonconforming
Structure Located on an easement within the rear portions of
the lots at 2225, 2229, 2231, 2233, and 2237 Meadow Ridge
Lane (portions of 1474952333; 1474952149; 1474952088;
1474943936). PRINCESS ANNE DISTRICT.
MEETING DATE: May 27, 2014
¦ Background:
The applicant proposes to replace an existing 285-foot high guyed-wire
communications tower with a 280-foot high self-supporting lattice-construction
communications tower. The existing tower structure does not meet the setback
requirement of Section 232 of the City Zoning Ordinance, which specifies that a
tower have a minimum setback from a residential structure equivalent to 125
percent of the height of the tower. Based on the existing tower height of 285 feet,
the required minimum setback is 356.25 feet. The existing setback from the
dwellings that front on Meadow Ridge Lane ranges from a minimum of 180 feet
to a maximum of 251 feet; therefore, the tower is non-conforming with regard to
the required setback. Accordingly, the proposed replacement of the existing
tower through the construction of a new tower in a new location requires, per
Section 105(d)(1) of the City Zoning Ordinance, the approval by the City Council
for the relocation of a nonconforming structure. Thus, the applicant is seeking the
City Council's approval.
¦ Considerations:
On December 13, 1982, City Council granted a Conditional Use Permit for the
construction of a 280-foot communications tower on a site located within the rear
yards of the lots. On August 20, 1984, City Council granted a Conditional Use
Permit for an additional 280-foot communications tower on the four lots. On July
11, 1995, City Council granted a modification to the prior Conditional Use Permits
to allow single-family homes to be constructed on the four lots. At that time, an
easement totaling 1.069 acres was placed on portions of the four lots for the
construction, reconstruction, maintenance, etc. of a maximum of three
communication towers.
The existing tower has faulty welding that was performed over the years. That
faulty welding was intended to enhance the structural integrity of the tower to
allow for increased capacity by the collocation of additional antennas. The
CROWN CASTLE
Page2of2
applicant indicates that the problems associated with the welding cannot be
corrected, and thus, replacement of the tower is necessary.
There is sufficient area within the existing easement to locate the proposed tower
so that it could meet the 125 percent setback requirement or some distance
between 100 percent and 125 percent of the tower height. Staff has discussed
with the applicant the relocation of the tower a greater distance from the homes
than what is currently proposed. That discussion included an explanation by the
applicant of the considerable cost of relocating the support equipment and of
coordinating the relocation of that equipment among the many tower users.
This application was deferred at the April 8, 2014 City Council meeting with the
consent of Crown Castle to allow further evaluation by Crown Castle and
discussion with the neighborhood.
¦ Recommendations:
Based on the fact that the proposed tower design has been certified by a
professional engineer as meeting or exceeding the industry standards for such
towers, as well as the fact that the existing tower is in such a state of disrepair
that it needs to be replaced rather than repaired, staff finds that the proposed
replacement of the existing tower with a new tower in a different location is
reasonable, will have a minimal impact, and will be as appropriate to the district
as is the existing nonconforming tower. Approval of this request with the following
conditions is recommended:
1. The subject site and tower shall be developed substantially in accordance
with the submitted plan documents entitled "Zoning Drawings, Crown
Castle, Site Name: Virginia Beach (Salem Road)"; dated November 26,
2013 and prepared by FDH Engineering Innovation. Said plan documents
have been exhibited to the Virginia Beach City Council and are on file in
the Virginia Beach Planning Department.
2. An eight-foot high solid wood fence, with Category I landscaping, meeting
the City Landscape Screening and Buffering Specifications and Standards
shall be installed around the compound area.
3. The access road shall be gated and locked to prevent unauthorized use;
additional drainage measures shall be employed, including a pipe under
the access road; and the road's crush and run shall be repaired after
construction.
4. The compound and the surrounding area shall be maintained free of
debris.
CROWN CASTLE
Page 3 of 2
5. The older equipment building shall be pressure washed and a section of
fence with vinyl slats and landscaping meeting the City Landscape
Screening and Buffering Specifications and Standards shall be installed
to shield the building from view.
¦ Attachments:
Location Map
Staff Review and Disclosure Statements
Resolution
Recommended Action: Staff recommends approval with conditions
Submitting DepartmentlAgency: Planning Departmen
City Manager. Iz- • -?78WA-
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REQUEST:
Relocation of a Nonconforminq Structure
May 27, 2014
City Council Hearing
APPLICANT:
CROWN CASTLE
USA, INC.
ADDRESS / DESCRIPTION: Easements located in the rear portion of lots located at 2225, 2229, 2233,
and 2237 Meadow Ridge Lane
GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ:
1474952333; 147492149; PRINCESS ANNE 4.47 Acres Less than 65 dB DNL
1474952088; 1474943936 1.069 Acres
(easement area)
BACKGROUND / DETAILS OF PROPOSAL
The applicant proposes to replace an existing 285-foot high guyed-wire communications tower with a
280-foot high self-supporting lattice-construction communications tower. The existing tower structure
does not meet the setback requirement of Section 232 of the City Zoning Ordinance, which specifies that
a tower have a minimum setback from a residential structure equivalent to 125 percent of the height of
the tower. Based on the existing tower height of 285 feet, the required minimum setback is 356.25 feet.
The existing setback from the dwellings that front on Meadow Ridge Lane ranges from a minimum of 180
feet to a maximum of 251 feet; therefore, the tower is non-conforming with regard to the required setback.
Accordingly, the proposed replacement of the existing tower through the construction of a new tower in a
new location requires, per Section 105(d)(1) of the City Zoning Ordinance, the approval by the City
Council for the relocation of a nonconforming structure. Thus, the applicant is seeking the City Council's
approval.
IA • $F;??
CROWN CASTLE USA, INC.
May 27, 2014 CITY COUNCIL HEARING
Page 1
The subject site contains four lots that were plated in 1952. The existing zoning of the site is AG-1
Agricultural District. The combined area of the four lots is 4.47 acres.
On December 13, 1982, City Council granted a Conditional Use Permit for the construction of a 280-foot
communications tower on a site located within the rear of yards of the lots. On August 20, 1984, City
Council granted a Conditional Use Permit for an additional 280-foot communications tower on the four
lots. On July 11, 1995, City Council granted a modification to the prior Conditional Use Permits to allow
single-family homes to be constructed on the four lots. At that time, an easement totaling 1.069 acres was
placed on portions of the four lots for the construction, reconstruction, maintenance, etc. of a maximum of
three communication towers.
In addition to the four single-family homes and the 285-foot high guyed-wire communications tower, there
are also numerous equipment shelters and support equipment for the existing tower located within and
outside of a compound area enclosed by a chain-link fence.
The existing tower has faulty welding that was performed over the years. That faulty welding was
intended to enhance the structural integrity of the tower to allow for increased capacity by the collocation
of additional antennas. The applicant indicates that the problems cannot be corrected, and thus,
replacement of the tower is the only alternative.
When the existing tower and the later single-family homes were constructed, there were minimal zoning
requirements concerning communication tower facilities. Since then, the Zoning Ordinance has been
amended to require a Conditional Use Permit for new wireless communication facilities. Section 232
provides the standards that such facilities must meet. Those standards include a requirement that a tower
associated with a wireless communication facility have a setback from any residential structure equal to
125 percent of the height of the tower.
The applicanYs new replacement tower is being moved to a location that will provide an increased
setback from the existing single-family homes; however, the tower will not meet the 125 percent setback
requirement. Based on the tower's 280-foot height, the minimum required setback is 350 feet. The
setback distance to the existing dwellings resulting from the new tower location ranges from a minimum of
208 feet to a maximum of 264 feet.
There is sufficient area within the existing easement to locate the proposed tower so that it would meet
the 125 percent setback requirement or some distance between 100 percent and 125 percent of the
tower height. Accordingly, in the event of a catastrophic failure of the tower structure at the base, the
tower would not strike any of the existing residential structures. Staff discussed with the applicant the
potential for moving the tower to a location within the easement such that the required minimum setback
was met; however, the applicant indicates that the wireless communication equipment that supports the
operation of the tower must be located directly adjacent to the tower in order to ensure maximum
efficiency. Moreover, the applicant has stressed that relocating the equipment would be very costly due to
the expense of the equipment itself and the coordination that would be required among the numerous
users of the tower.
The applicant submitted a structural report provided by a professional engineer, certifying that the tower is
"designed to meet or exceed industry standards defined by TIA/EIA-222-G, `Structural Standards for Steel
Antenna Towers and Antenna Supporting Structures' (EIA Standard)." The report also indicates that the
proposed tower will be installed on a reinforced concrete foundation that will be designed to take into
consideration the soil parameters for the site based on a soil report. If a structural failure occurs, the
tower is designed such that the collapse of the structure will stay within a radius of 140 feet from the base
CROWN CASTLE USA, INC.
May 27, 2014 CITY COUNCIL HEARING
Page 2
of the tower. The report does not address the potential for or the effects of a failure at the base of the
tower.
EVALUATION AND RECOMMENDATION
The existing tower was constructed prior to the single-family dwellings that front on Meadow Ridge Lane,
and as a result, as well as prior to the requirement in Section 232 of the Zoning Ordinance for a minimum
setback from a tower to a residential structure of 125 percent of the height of the tower. The existing
tower does not meet the125 percent setback requirement; therefore, the tower is nonconforming with
regard to this setback. Accordingly, the replacement of the existing tower through the construction of a
new tower in a new location requires, per Section 105(d)(1) of the City Zoning Ordinance, the approval of
the City Council for the relocation of a nonconforming structure. Thus, the applicant is seeking the City
Council's approval.
The applicant proposes to replace the existing tower with a new tower located approximately 35 feet to
the southwest of the existing tower. Even though the new location is further from the existing dwellings,
the proposed tower will not meet the required 125 percent setback requirement from the existing
residential structures. Based on a tower height of 280 feet, a 350-foot setback is required. The proposed
tower location will result in a setback from the existing dwellings ranging from a minimum of 208 feet to a
maximum of 264 feet; therefore, the new tower will also not conform to the minimum setback required
between a tower and residential structure.
There is sufficient area within the existing easement to locate the proposed tower so that it could meet the
125 percent setback requirement or some distance between 100 percent and 125 percent of the tower
height. Staff has discussed with the applicant the relocation of the tower a greater distance from the
homes than what is currently proposed. That discussion included an explanation by the applicant of the
considerable cost of relocating the support equipment and of coordinating the relocation of that
equipment among the many tower users.
Based on the fact that the proposed tower design has been certified by a professional engineer as
meeting or exceeding the industry standards for such towers, as well as the fact that the existing tower is
in such a state of disrepair that it needs to be replaced rather than repaired, staff finds that the proposed
replacement of the existing tower with a new tower in a different location is reasonable, will have a
minimal impact, and will be as appropriate to the district as is the existing nonconforming tower. Staff,
therefore, recommends approval of this request with the conditions below.
CONDITIONS
1. The subject site and tower shall be developed substantially in accordance with the submitted plan
CROWN CASTLE USA, INC.
May 27, 2014 CITY COUNCIL HEARING
Page 3
documents entitled "Zoning Drawings, Crown Castle, Site Name: Virginia Beach (Salem Road)";
dated November 26, 2013 and prepared by FDH Engineering Innovation. Said plan documents
have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach
Planning Department.
2. An eight-foot high solid wood fence, with Category I landscaping, meeting the City Landscape
Screening and Buffering Specifications and Standards shall be installed around the compound
area.
3. The access road shall be gated and locked to prevent unauthorized use; additional drainage
measures shall be employed, including a pipe under the access road; and the road's crush and
run shall be repaired after construction.
4. The compound and the surrounding area shall be maintained free of debris.
5. The older equipment building shall be pressure washed and a section of fence with vinyl slats
and landscaping meeting the City Landscape Screening and Buffering Specifications and
Standards shall be installed to shield the building from view.
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 /nspections Division, and
the issuance of a Certificate of Occupancy, are required before any uses allowed by this
application are valid or any structures may be occupied.
The applicant is encouraged to contact and work with the Crime Prevention Ofiice within the
Police Department for crime prevention techniques and Crime Prevention Through Environmental
Design (CPTED) concepts and strategies as they pertain to this site.
CROWN CASTLE USA, INC.
May 27, 2014 CITY COUNCIL HEARING
Page 4
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CROWN CASTLE U SA, INC.
May 27, 2014 CITY COUNCIL H EARING
Page 5
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OVERALL SITE PLAN
CROWN CASTLE USA, INC.
May 27, 2014 CITY COUNCIL HEARING
Page 6
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EXISTING COMPOUND LAYOUT
CROWN CASTLE USA, INC.
May 27, 2014 CITY COUNCIL HEARING
Page 7
PROPOSED COMPOUND LAYOUT
CROWN CASTLE USA, INC.
May 27, 2014 CITY COUNCIL HEARING
Page 8
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EXISTING AND PROPOSED TOWER ELEVATIONS
CROWN CASTLE USA, INC.
May 27, 2014 CITY COUNCIL HEARING
Page 9
ZONING HISTORY
# DATE REQUEST ACTION
1 12/13/1982 Conditional Use Permit communications tower A roved
08/20/1984 Conditional Use Permit communications tower A roved
07/11/1995 Modification to Conditional Use Permit (allow single-family homes in
addition to a communications tower Approved
2 09/10/2002 Conditional Use Permit o en s ace romotion A roved
3 05/09/2000 Subdivision Variance minimum lot width A roved
4 12/12/1988 Conditional Use Permit o en s ace romotion A roved
CROWN CASTLE tJSA, INC.
May 27, 2014 CITY COUNCIL HEARING
Page 10
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 ail officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Crown Castle USA Inc. (See attached.)
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the appficant: (Attach list if necessary)
Crown Castle Intemational Corp. (parent); list of affiliated business entities is attached.
? Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Comp/ete this section on/y 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: (Aftach list if necessary)
? Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes No X
If yes, what is the name of the official or employee and the nature of their interest?
DISCLOSURE STATEMENT
CROWN CASTLE USA, INC.
May 27, 2014 CITY COUNCIL HEARING
Page 11
ADDITIONAL DISCLOSURES
List ail 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 architecturai
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
FDH, Geoline Surveying, Inc., LeClairRyan, Murphy Geomatics & Tower Engincering Professionals
'"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.
Z"Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controAing 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 corrtrol betvyeen the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certiry 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 aign 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.
so? ?A11L?
Ap canYs Signature Print Name
Property Owner's Signature (if different than applicant)
Print Name
DISCLOSURE STATEMENT
CROWN CASTLE USA, INC.
May 27, 2014 CITY COUNCIL HEARING
Page 12
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A RESOLUTION AUTHORIZING THE
RELOCATION OF A NONCONFORMING
STRUCTURE ON PROPERTY LOCATED AT
2225, 2229, 2233 and 2237 MEADOW RIDGE
LAN E
WHEREAS, Crown Castle USA, Inc. (hereinafter the "Applicant") has made
application to the City Council for authorization for the relocation of a nonconforming
communication tower located on an easement at 2225, 2229, 2233 and 2237 Meadow
Ridge Lane in the AG-1 Agricultural Zoning District; and
WHEREAS, the tower does not meet the setback requirements of Section 232 of
the City Zoning Ordinance, which requires a tower have a minimum setback from a
residential structure equivalent to 125 percent of the height of the tower. However, the
tower was constructed prior to the adoption of the applicable zoning regulation and is
therefore nonconforming; and
WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the relocation
of a nonconforming structure is unlawful in the absence of a resolution of the City
Council authorizing such action upon a finding that the proposed structure, as relocated,
will be equally appropriate or more appropriate to the zoning district than is the existing
use;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council hereby finds that the proposed structure, as relocated, will
be equally appropriate to the district as is the existing nonconforming structure under
the conditions of approval set forth hereinbelow.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the relocation of the nonconforming structure is hereby authorized, upon the
following conditions:
1. The subject site and tower shall be developed substantially in accordance
with the submitted plan documents entitled "Zoning Drawings, Crown
Castle, Site Name: Virginia Beach (Salem Road)"; dated November 26,
2013 and prepared by FDH Engineering Innovation. Said plan documents
have been exhibited to the Virginia Beach City Council and are on file in
the Virginia Beach Planning Department.
2. An eight-foot high solid wood fence, with Category I landscaping, meeting
the City Landscape Screening and Buffering Specifications and Standards
shall be installed around the compound area.
47
48 3. The access road shall be gated and locked to prevent unauthorized use;
49 additional drainage measures shall be employed, including a pipe under
50 the access road; and the road's crush and run shall be repaired after
51 construction.
52
53 4. The compound and the surrounding area shall be maintained free of
54 debris.
55
56 5. The older equipment building shall be pressure washed and a section of
57 fence with vinyl slats and landscaping meeting the City Landscape
58 Screening and Buffering Specifications and Standards shall be installed
59 to shield the building from view.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2014.
APPROVED AS TO CONTENT
Plannin partment
APPROVED AS TO LEGAL SUFFICIENCY:
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City Attorney's Office
CA12867
R-2
March 31, 2014
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CITY OF VIRGINIA BEACH
AGENDA ITEM ?
ITEM: HAMPTON ROADS SANITATION DISTRICT (Applicant & Owner),
Conditional Use Permit for a Communications Tower. 645 Firefall Drive
(GPIN 2425308333) - PRINCESS ANNE DISTRICT
MEETING DATE: May 27, 2014
¦ Background:
The applicant is requesting a Conditional Use Permit to locate a wireless
communication tower at Hampton Roads Sanitation District's (HRSD) Atlantic
Treatment Plant. In response to a Regional Consent Order issued by the
Environmental Protection Agency (EPA) and the Department of Environmental
Quality (DEQ) to reduce sanitary sewer overflows, HRSD is developing a'Smart
Sewer System.'
¦ Considerations:
A component of the Smart Sewer System will be a microwave-based Wide Area
Network (WAN) wireless communications system linking HRSD's treatment
plants and operational centers. Such a communication system requires a
communications tower at each facility. Each tower will have lightning protection,
two microwave antennas, and a UHF omnidirectional antenna that can receive
and transmit signals from flow meters, pressure gauges, and rain gauges. The
communication will allow real-time analysis of the system during a wet weather
event in order to determine if flows should be redirected to another system or to
storage tanks in order to prevent system overflows.
The proposed tower for the subject site will be 195 feet high with a 4-foot high
lightning rod. The total height of 199 feet has been reviewed by the Federal
Aviation Administration's Obstruction Evaluation Office (FAA/OE), which has
determined that the specified height will not be a hazard to air navigation. Naval
Air Station Oceana and Naval Air Station Oceana Dam Neck Annex have also
reviewed the plans and indicated that the tower will not affect their operations.
Further details pertaining to site layout and tower design, as well as Staff's
evaluation of the request, are provided in the attached staff report.
There was no opposition to the request.
meters, pressure gages, rain gages, etc. to and between the treatment plants and operational centers.
This will allow real time analysis of a system during a wet weather event in order to determine if flows
should be redirected to another system or storage tanks to prevent a system from becoming over
capacitated, which will prevent over flows, as required. The applicant had initially indicated that 199-foot
towers would be placed at each facility. However, tower heights will vary based on Federal Aviation
Administration (FAA) aeronautical studies. In this case, the FAA has determined that a maximum tower
height of 199-feet, above ground level, will not be a hazard to air navigation. In addition, Naval Air Station
Oceana and Naval Air Station Oceana Dam Neck Annex have indicated that the tower will not affect their
operations. Therefore, a 195-foot tower, with a four-foot lightning rod, for a total height of 199-feet is
proposed at this location.
This new system will also be a benefit to the City. During wet weather events, flows can be redirected
through HRSD's system so the City's system does not get over capacitated, which will assist the City in
meeting the Regional Consent Order.
Due to the proposed communication towers being located within the applicanYs facilities and the ground
equipment not being visible to the general public landscape screening is not being required.
The applicant has complied with the requirement for co-locating on the proposed towers. Basically,
wireless telecommunication providers will be allowed to co-locate on these facilities. The submitted
elevations indicate that five additional wireless carriers can be accommodated at each facility.
A basic Structural Report has been submitted, indicating that the tower will be designed to accommodate
the applicanYs equipment and five additional carriers and will meet all structural requirements, as per the
Uniform Statewide Building Code, and all wind loading requirements for this area. The formal Structural
Report and the required Radio Frequency Emissions Analysis Report will be provided with the formal site
plan submittal.
The proposed tower location is located within one-quarter mile of a residential or apartment zoning district
or use. Therefore, contacts with neighborhoods or residents are required. The applicanYs representative
has indicated that over 90 direct mail cards were sent to adjoining and nearby property owners to alert
them to the project and invite them to an open house at Ocean Lakes High School on January 21, 2014.
The representative has indicated that no one attended the open house.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Sanitary sewage treatment plant
SURROUNDING LAND North: . Firefall Drive / undeveloped parcels / City park / PD-H2
USE AND ZONING: Planned Unit Development District
South: . Single-family homes / R-15 Residential District
East: • Naval Air Station Ocean Dam Neck Annex / I-2 Heavy
Industrial District
West: . Ocean Lakes High School / single-family homes / PD-H2
Planned Unit Development District
NATURAL RESOURCE AND
CULTURAL FEATURES: Portions of the site contain flood plain and marsh.
COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the
HAMPTON ROADS SANITATION DISTRICT
Agenda Item 8
Page 2
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
reinforcing the suburban characteristics of commercial centers and other non-residential areas that
comprise part of the Suburban Area. Achieving these goals requires that all land use activities 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. In this
case, the tower is proposed to be located within an existing sewage treatment plant and is therefore
buffered from other uses. Therefore, the tower is compatibility with surrounding uses.
EVALUATION AND RECOMMENDATION
Hampton Roads Sanitation District (HRSD) is in the process of creating a Smart Sewer System in order to
meet the Regional Consent Order, concerning sanitary sewer overflows. A microwave-based wireless
Wide Area Network (WAN) between their treatment plants and operational centers is a component of this
system. This system will require a communications tower at each of their facilities. In addition to the
applicanYs equipment, each tower will also accommodate up to five wireless telecommunication
providers. In this case, the tower is to be located within Hampton Roads Sanitation DistricYs Atlantic
Treatment Plant. The site contains 370+/- acres. The tower will be located over 1,300-feet from the
nearest residential community and is buffered by the existing treatment plant. Therefore, the tower is
compatibility with surrounding uses
Staff recommends approval of this request with the conditions below.
CONDITIONS
1. The site shall be developed substantially in conformance with the submitted site plan entitled
"HRSD, Site Name: Atlantic Plant 685 Firefall Drive Virginia Beach, VA 23454," prepared by
NB+C Engineering Services, LLC, dated January 14, 2014, which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of Planning.
2. The tower shall be made available to wireless telecommunication providers for co-locations.
NOTE: Further conditions may be required during the administration of applicab/e City Ordinances and Standards. Any
site plan submitted with this application may require revision during detailed site plan review fo meet all applicab/e City
Codes and Sfandards. All applicable permits required by ihe City Code, including ihose administered by the Department
of Planning / Deve/opmenf Services Center and Department of P/anning / Permits and Inspections Division, and the
issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work wifh the Crime Prevention Office within fhe Police Department for crime
prevenfion techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strafegies as they
pertain to this site.
HAMPTON ROADS SANITATION DISTRICT
Agenda Item 8
Page 3
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AERIAL OF SITE LOCATION
HAMPTON ROADS SANITATION DISTRICT
Agenda Item 8
Page 4
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PROPOSED SITE PLAN
HAMPTON ROADS SANITATION DISTRICT
Agenda Item 8
Page 5
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ENLARGED SITE PLAN AND ELEVATION
HAMPTON ROADS SANITATION DISTRICT
Agenda Item 8
Page 6
ZONING HISTORY
# DATE REQUEST ACTION
1 07/13/2004 Use Permit communications tower A roved
HAMPTON ROADS SANITATION DISTRICT
Agenda Item 8
Page 7
Ciesn;ng westewater eveiy day for u tmtter Bay.
December 31, 2013
Ray Odom - Planner
City of Virginia Beach
develapment Services Center Division
2405 Courthouse Drive, Bidg. 2
Virginia Beach, VA 23456
RE: Conditionai Use Permit Application
Dear Mr. Odom:
This letter serves as vatidation of Mr. Bruce Husseibee's signatory authority for all real estate
and related matters associated with HRSD capitai projects approved by the HRSD
Commission. The HRSD Commission delegated this authority to me as well as the ability far
me to name a designee. I have named Mr. Husselbee as my designee for all real estate
matters, including but not limited to applications for conditional use permits, for all HRSD
capitai projects previously approved by the HRSD Commission. The project related to this
Conditional Use Permit Application was approved by the HRSD Commission on July 28, 2009.
Please feel free to contact me if you have any questions or need additional information
Sinceeely,
kw6w
Edward G. Henifin, P.E.
General Manager
PO Box 5911, Virginia Beach, VA 23471-0921 • 757.46Q.7056
Commissinnen- Vishnu K. i,akdawala, PhD, Chairman • Frederick N. Elofsan,CPA • Mir.hael E. Glenn
Artbsir C. Bredemeyer • Maurice P. Lynch, Ph0 - I. Vincent 0ehm,lr. • Stephen C. Hndriguex
www.hrsd.com
DISCLOSURE STATEMENT
HAMPTON ROADS SANITATION DISTRICT
Agenda Item 8
Page
8
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 fhe names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Hampton Roads Sanitation District
(List of Commissioners Attached)
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)
N/A
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
N!A
F71
Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
?
& See next page for footnotes
Does an official or em loyee of the City of Virginia Beach have an interest in the
subject land? Yes No FX-l
If yes, what is the name of the official or employee and the nature of their interest?
DISCLOSURE STATEMENT
HAMPTON ROADS SANITATION DISTRICT
Agenda Item 8
Page 9
ADDITIONAL DISCLOSURES
List ali known contractors or businesses that have or wi!l provide services with respect
to the requested property use, including but not limited to the providers of architec#ural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Westin Engineering - Design Engineer for the Project
Milestone Communications
'°Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2"Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instruc#ions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
P? nning to photograph and view the site for purposes of processing and evaluating this application.
Stephen R. Romine
Print Name
Owner's
Bruce W. Husselbee, PE
Print Name
DISCLOSURE STATEMENT
HAMPTON ROADS SANITATION DISTRICT
Agenda Item 8
Page 10
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Cir..,ning waslmvator evury day t3e.y.
March 6, 2013
Virginia Beach - Conditional Use Permit Application- Disclosure Statement
HRSD Commission
a Vishnu K. Lakdawaia, PhD, Chairman
• Frederick N. Elofson, CPA, Vice-Chairman
• Michael E. Glenn
• Arthur C, Bredemeyer
a Maurice P. Lynch, PhD
• I. Vincent Behm
• Stephen C. Rodriguez
DISCLOSURE STATEMENT
HAMPTON ROADS SANITATION DISTRICT
Agenda Item 8
Page 11
item #8
Hampton Roads Sanitation District
Conditional Use Permit
645 Firefall Drive
District 7
Princess Anne
April 9, 2014
CONSENT
An application of Hampton Roads Sanitation District for a Conditional Use Permit (Wireless
Communication Tower) on property located at 645 Firefall Drive, District 7, Princess Anne.
GPIN: 24253083330000, 24241982640000.
CONDITIONS
1. The site shall be developed substantially in conformance with the submitted site plan
entitled "HRSD, Site Name: Atlantic Plant 685 Firefall Drive Virginia Beach, VA 23454,"
prepared by NB+C Engineering Services, LLC, dated January 14, 2014, which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning.
2. The tower shall be made available to wireless telecommunication providers for co-locations.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to
approve item 8.
AYE 9
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI
RUSSO AYE
THORNTON AYE
WEINER AYE
NAY 0 ABS 0 ABSENT 2
ABSENT
ABSENT
By a vote of 9-0, the Commission approved item 8 by consent.
Item #8
Hampton Roads Sanitation District
Page 2
Steven Romine appeared before the Commission on behalf of the applicant.
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CITY OF VIRGINIA BEACH
AGENDAITEM
ITEM: MILESTONE COMMUNICATIONS (Applicant) / HAMPTON ROADS
SANITATION DISTRICT (Owner). Conditional Use Permit for a
Communications Tower. 1434 Air Rail Avenue (GPIN 1459941175) -
BAYSIDE DISTRICT
MEETING DATE: May 27, 2014
¦ Background:
The applicant is requesting a Conditional Use Permit to locate a wireless
communication tower at Hampton Roads Sanitation District's (HRSD) main office
and maintenance facility. In response to a Regional Consent Order issued by the
Environmental Protection Agency (EPA) and the Department of Environmental
Quality (DEQ) to reduce sanitary sewer overflows, HRSD is developing a`Smart
Sewer System.'
¦ Considerations:
A component of the Smart Sewer System will be a microwave-based Wide Area
Network (WAN) wireless communications system linking HRSD's treatment
plants and operational centers. Such a communication system requires a
communications tower at each facility. Each tower will have lightning protection,
two microwave antennas, and a UHF omnidirectional antenna that can receive
and transmit signals from flow meters, pressure gauges, and rain gauges. The
communication will allow real-time analysis of the system during a wet weather
event in order to determine if flows should be redirected to another system or to
storage tanks in order to prevent system overflows.
The applicant has proposed 199-foot high towers for each of HRSD's facilities;
however, the tower heights will vary based on the studies conducted by the
Federal Aviation Administration's Obstruction Evaluation Office (FAA/OE). In this
case, the subject site is located in close proximity to Norfolk International Airport.
The FAA/OE has determined that a maximum tower height of 154 feet, above
ground level, will not be a hazard to air navigation. Thus, the proposed tower will
have a maximum height of 154 feet.
Further details pertaining to site layout and tower design, as well as Staff's
evaluation of the request, are provided in the attached staff report.
MILESTONE COMMUNICATIONS - HRSD
Page 2 of 2
There was no opposition to the request.
¦ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 9-0, to recommend approval of this request to the
City Council with the following conditions.
1. The site shall be developed substantially in conformance with the submitted
site plan entitled "Milestone Communications, Site Name: South Shore
Operations 1436 Air Rail Avenue Virginia Beach, VA 23455," prepared by
NB+C Engineering Services, LLC, dated March 25, 2014, which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Planning Department.
2. The tower shall be made available to wireless telecommunication providers
for colocations.
¦ Attachments:
Staff Report and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department
City Manager: S V , '?q?
swvaIce
CUP /w Ce7lular TelepAone Antennr
CUP for Ceilulsr TNephone Antmns
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April 9, 2014 Public Hearing
APPLICANT:
MILESTONE
COMMUNICATIONS
PROPERTY OWNER:
HAMPTON ROADS
SANITATION
DISTRICT
STAFF PLANNER: Ray Odom
REQUEST:
Conditional Use Permit (Wireless Communication Tower)
ADDRESS / DESCRIPTION: 1434 Air Rail Avenue
GPINS: ELECTION DISTRICT
14599411750000 and Bayside
14599437330000
SITE SIZE: AICUZ:
13.32 acres Less than 65 d6 DNL
BACKGROUND / DETAILS OF PROPOSAL
The subject site is the main offices and maintenance facilities for the Hampton Roads Sanitation District
(HRSD). The site is zoned I-1 Light Industrial District and totals 13.32 acres.
The Environmental Protection Agency (EPA) and the Department of Environmental Quality (DEQ) has
issued a Regional Consent Order to the localities and to the Hampton Roads Sanitation District in
Southeastern Virginia to reduce sanitary sewer overflows. Wet weather events are the primary cause for
sewer overflows. During these events water can infiltrate the sewer systems and over capacitate the
system, which causes the system to over flow.
It is the intent of the applicant to create a Smart Sewer System in order to meet the Regional Consent
Order. A component of this system will be a microwave-based Wide Area Network (WAN) wireless
communications system between their treatment plants and operational centers. This will require a
communications tower at each of their facilities. The towers will contain lightning protection, two
microwave antennas and a UHF omni-directional antenna that can receive and transmit signals from flow
meters, pressure gages, rain gages, etc. to and between the treatment plants and operational centers.
This will allow real time analysis of a system during a wet weather event in order to determine if flows
should be redirected to another system or storage tanks to prevent a system from becoming over
MILESTONE COMMUNICATIONS
Agenda Item 9
Page 1
capacitated, which will prevent over flows, as required. The applicant had initially indicated that 199-foot
towers would be placed at each facility. However, tower heights will vary based on Federal Aviation
Administration (FAA) aeronautical studies. In this case, the subject site is located in close proximity to the
Norfolk International Airport. The FAA has determined that a maximum tower height of 154-feet, above
ground level, will not be a hazard to air navigation. Therefore, a 150-foot tower, with a four-foot lightning
rod, for a total height of 154-feet is proposed at this location.
This new system will also be a benefit to the City. During wet weather events, flows can be redirected
through HRSD's system so the City's system does not get over capacitated, which will assist the City in
meeting the Regional Consent Order.
Due to the proposed communication towers being located within the applicanYs facilities and the ground
equipment not being visible to the general public landscape screening is not being required.
The applicant has complied with the requirement for co-locating on the proposed towers. Basically,
wireless telecommunication providers will be allowed to co-locate on these facilities. The submitted
elevations indicate that five additional wireless carriers can be accommodated at each facility.
A basic Structural Report has been submitted, indicating that the tower will be designed to accommodate
the applicant's equipment and five additional carriers and will meet all structural requirements, as per the
Uniform Statewide Building Code, and all wind loading requirements for this area. The formal Structural
Report and the required Radio Frequency Emissions Analysis Report will be provided with the formal site
plan submittal.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Main offices and maintenance facilities for the Hampton Roads Sanitation
District (HRSD).
SURROUNDING LAND North: . Bayside Road / office/warehouse uses / I-1 Light
USE AND ZONING: Industrial District
South: . Office/warehouse uses / I-1 Light Industrial District
East: . Office/warehouse uses / I-1 Light Industrial District
West: . Air Rail Avenue / office/warehouse uses / I-1 Light
Industrial District
COMPREHENSIVE PLAN: The subject site is located in the Burton Station Strategic Growth Area as
identified by the Comprehensive Plan and the Northampton Boulevard Corridor Strategic Growth Area
(SGA) Implementation Plan, also known as the Burton Station SGA Plan, which was adopted on
January 27, 2009. The Burton Station SGA Plan identifies this site within the Airport Industrial Park
portion of the Burton Station SGA. Plans for this area are to retain the existing buildings and increase
connectivity and access. Land uses will continue to be industrial in nature, including flex spaces,
research and development and commercial office space.
MILESTONE COMMUNICATIONS
Agenda Item 9
Page 2
EVALUATION AND RECOMMENDATION
Hampton Roads Sanitation District (HRSD) is in the process of creating a Smart Sewer System in order to
meet the Regional Consent Order, concerning sanitary sewer overflows. A microwave-based wireless
Wide Area Network (WAN) between their treatment plants and operational centers is a component of this
system. This system will require a communications tower at each of their facilities. In addition to the
applicanYs equipment, each tower will also accommodate up to five wireless telecommunication
providers. In this case, this site is located within the Airport Industrial Park portion of the Burton Station
SGA. This area is zoned I-1 Light Industrial District. The proposed communications tower is compatible
with the existing light industrial uses surrounding this site.
Staff recommends approval of this request with the conditions below.
CONDITIONS
1. The site shall be developed substantially in conformance with the submitted site plan entitled
"Milestone Communications, Site Name: South Shore Operations 1436 Air Rail Avenue Virginia
Beach, VA 23455," prepared by NB+C Engineering Services, LLC, dated March 25, 2014, which
has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning.
2. The tower shall be made available to wireless telecommunication providers for co-locations.
NOTE: Furfher conditions may be required during the administration of applicab/e City
Ordinances and Standards. Any site p/an 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 P/anning /
Development Services Center and Department of P/anning / Permits and Inspections Division,
and the issuance of a Certiricate 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 Ofrice within the
Police Department for crime prevention fechniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strafegies as they pertain to fhis site.
MILESTONE COMMUNICATIONS
Agenda Item 9
Page 3
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MILESTONE COMMUNICATIONS
Agenda Item 9
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MILESTONE COMMUNICATIONS
Agenda Item 9
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MILESTONE COMMUNICATIONS
Agenda Item 9
Page 6
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ZONING HISTORY
# DATE REQUEST ACTION
1 8/12/1998 Use Permit communications tower A roved
2 02/12/2002 Use Permit communications tower A roved
3 04/09/2013 Use Permit auto re air A roved
4 01/10/2012 Use Permit bulk stora e-motor vehicles A roved
MILESTONE COMMUNICATIONS
Agenda Item 9
Page 7
Cteaning westeweter every day fer a betxer 8ay
December 31, 2013
Ray Odom - Planner
City of Virginia Beach
Development Services Center Division
2405 Courthouse Drive, Bldg. 2
Virginia Beach, VA 23456
RE: Conditional Use Permit Appiication
Dear Mr. Odom:
This Ietter serves as validation of Mr. Bruce Husselbee's signatory authority for ali reai estate
aad related matters associated with HRSD capital projects approved by the HRSD
Commission. The HRSD Commission delegated this authority to me as well as the ability for
me tn name a designee. I have named Mr. Husselbee as my designee for all real estate
matters, including but not limited to applications for conditionai use permits, for all HRSD
capitai projects previously approved by the HRSD Commission. The project related to this
Conditional Use Permit AppGcation was approved by the HRSD Commission on Juiy 28, 2009.
Please feel free to contact me if you have any questions or need additional informatian.
Sincerely,
kw6w
Edward G. Henifin, P.E.
General Manager
Pp Box 5912, Virginia Beach, VA 23471-0421 - 757.460.7056
Commissionen: Vishnu K. Lakdawala, FhQ Chairman • frederick N. Elofson, CPA • Michael C. Glenn
Arthor C. Bredemeyer • Maurice G. Lynch, PhD • i. Vincent Brhm,lr, - Stephen C. Rodriguez
www.hrsd.com
DISCLOSURE STATEMENT
MILESTONE COMMUNICATIQNS
Agenda Item 9
Page 8
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 lisf if necessary)
Hampton Roads 5anitation District (List of Commissioners Attached)
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Aftach list if necessary)
N/A
? Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
CompJefe this secfion only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
N/A
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list it'necessary)
N/A
? Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& See next page for footnotes
Does an official or em loyee of the City of Virginia Beach have an interest in the
subject land? Yes No F-I
If yes, what is the name of the official or employee and the nature of their interest?
Jay Bernas, Planning Commissioner Chairman
DISCLOSURE STATEMENT
MILESTONE COMMUNICATIONS
Agenda Item 9
Page 9
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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 senrices, financial services, accounting services, and legal
services: (Attach list if necessary)
Westin Engineering - Design Engineer for Project
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( WesGn Engineering Is HRSD's consultant 1or the deslgn of e SCADA syslem upgrade. They are not the design enyineer for the towerJ
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'"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 conirolling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the informa6on contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the applicaiion 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.
/'•, [e- s 74..L ?,ti,.h ?.,,;?..,-Ki•K..r :
c? 'S-tUD kAA-R. J2,t?. O.U
ApplicanY ure Print ame
Bruce W. Husselbee, P.E.
r rty Owner's Si (if different than applicant Print Name
DISCLOSURE STATEMENT
MILESTONE COMMUNICATIONS
Agenda Item 9
Page 10
, - . .
t:la.xiinf?wasinw.110rovuryciay;.irc i., lv.. Hrsy.
March 6, 2013
Virginia Beach - Conditional Use Permit ApAlication- Disclosure Statement
HRSD Commission
a Vishnu K. Lakdawala, PhD, Chairman
• Frederick N. Elofson, CPA, Vice-Chairman
s Michae! E. Glenn
• Arthur C. Bredemeyer
0 Maurice P. Lynch, PhD
o I. Vincent Behm
e Stephen C. Rodriguez
DISCLOSURE STATEMENT
MILESTONE COMMUNICATIONS
Agenda Item 9
Page 11
Item #9
Milestone Communications
Conditional Use Permit
1434 Air Rail Avenue
District 4
Bayside
April 9, 2014
CONSENT
An application of Milestone Communications for a Conditional Use Permit (Wireless
Communication Tower) on property located at 1434 Air Rail Avenue, District 4, Bayside. GPIN:
14599411750000 and 14599437330000.
CONDITIONS
1. The site shall be developed substantially in conformance with the submitted site plan
entitled "Milestone Communications, Site Name: South Shore Operations 1436 Air Rail
Avenue Virginia Beach, VA 23455," prepared by NB+C Engineering Services, LLC, dated
March 25, 2014, which has been exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning.
2. The tower shall be made available to wireless telecommunication providers for co-locations.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to
approve item 9.
AYE 9
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI
RUSSO AYE
THORNTON AYE
WEINER AYE
NAY 0 ABS 0 ABSENT 2
ABSENT
ABSENT
Item #9
Milestone Communications
Page 2
By a vote of 9-0, the Commission approved item 9.
Steve Romine appeared before the Commission on behalf of the applicant.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: TRACY DESJARDINS (Applicant) / RACHEL & JOHN DAVIS (Owner),
Conditional Use Permit for a Family [Child] Daycare Home. 1521 Oak Knoll
Lane (GPIN 1465844768). CENTERVILLE DISTRICT.
MEETING DATE: May 27, 2014
¦ Background:
The applicant requests a Conditional Use Permit for a Family [Child] Daycare
facility for up to 12 children. The applicant has been operating a daycare facility
since October 2012 at this location, and is licensed by the Commonwealth of
Virginia, Department of Social Services. The applicant has a valid Virginia Beach
business license; however, there is no record of a Conditional Use Permit, and
thus, this application has been submitted.
¦ Considerations:
The home is located on a 4,809 square foot lot. The backyard provides ample
space for play and is fully enclosed with a six-foot high wood privacy fence. The
home is located in the Rosemont Forest subdivision on a neighborhood street
that experiences a low traffic volume. The applicant and her husband are the
only employees. The daycare is open from 7:00 a.m. to 5:30 p.m., Monday
through Friday. Drop-off and pick-up times are staggered. The age of the children
ranges from 6 weeks to 5 years old.
Further details pertaining to the request, as well as Staff's evaluation of the
request, are 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 9-0, to recommend approval of this request to the
City Council as proffered / with the following conditions.
1. The in-home Family (Child) Daycare shall be limited to a maximum of twelve
(12) children, other than children living in the home, and the permitted
number of children based on their ages shall be set forth by the Virginia
Department of Social Services.
TRACEY DESJARDINS
Page 2 of 2
2. No more than one (1) person, other than the applicant and immediate
family, shall assist with the operation of the Family Daycare Home at any
one time.
3. The applicant shall stagger the arrival and departure times for the children
such that vehicular congestion is avoided.
4. When the daycare is not open for business, all play equipment associated
with the daycare shall be located behind the front fagade of the house.
5. A non-illuminated sign not more than one square foot in area, identifying the
daycare may be mounted flat against the house.
6. The applicant shall be licensed with the Commonwealth of Virginia for this
use. Failure to maintain said license in good standing shall result in
revocation of this Conditional Use Permit.
7. 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 use of the
dwelling as a Family Daycare Home.
¦ Attachments:
Staff Report and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department
City Manager: V ? '61 ?1'
CENTERVILLE
1
April 9, 2014 Public Hearing
APPLICANT:
TRACY
DESJARDINS
PROPERTY OWNER:
RACHEL & JOHN
DAVIS
CUP Ior Home Occupadon - Family Child Day-Care
STAFF PLANNER: Kevin Kemp
REQUEST:
Conditional Use Permit (Family Daycare Home)
ADDRESS / DESCRIPTION: 1521 Oak Knoll Lane
GPIN: ELECTION DISTRICT: SITE SIZE:
14658447680000 CENTERVILLE 4,809 square feet
AICUZ:
Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests a Conditional Use Permit for a Family [Child] Daycare facility for up to 12 children.
The applicant has been operating a daycare facility since October 2012 at this location, and is licensed by
the Commonwealth of Virginia, Department of Social Services. The applicant has a valid Virginia Beach
business license; however, there is no record of a Conditional Use Permit, and thus, this application has
been submitted. The applicant and her husband are the only employees. The daycare is open from 7:00
a.m. to 5:30 p.m., Monday through Friday. Drop-off and pick-up times are staggered. The age of the
children range from 6 weeks to 5 years old.
The home is located on a 4,809 square foot lot. The backyard provides ample space for play and is fully
enclosed with a six-foot high wood privacy fence. The home is located in the Rosemont Forest
subdivision on a neighborhood street that experiences a low traffic volume.
LAND USE AND COMPREHENSIVE PLAN
TRACY DESJARDINS
Agenda Item 1
Page 1
EXISTING LAND USE: Semi-detached dwelling
SURROUNDING LAND North: . Semi-detached dwelling / A-12 Apartment District
USE AND ZONING: South: . Semi-detached dwelling / A-12 Apartment District
East: . Oak Knoll Lane
• Semi-detached dwelling / A-12 Apartment District
West: . Semi-detached dwelling / A-12 Apartment District
NATURAL RESOURCE AND The site is developed with a single-family house. There are no
CULTURAL FEATURES: known significant natural resources or cultural features. The site is
located in the Southern Watershed.
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 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 surrounding uses. (pp. 3-1, 3-2)
TRAFFIC:
Street Name Generated Traffic
Oak Knoll Lane Existing Land Use - 10 ADT
Proposed Land Use 3- 64 ADT'
EVALUATION AND RECOMMENDATION
The Department of Social Services is responsible for ensuring quality care for the children. A Family
[Child] Daycare Home is subject to licensure when 6 to 12 children, not including the provider's own
children or any children who reside in the home, are provided care at any one time. The number of
children permitted is based on age and is determined by a point system developed by the Virginia
Department of Social Services. The applicant is requesting a Conditional Use Permit for a childcare of up
to 12 children. A Conditional Use Permit is required by the City Zoning Ordinance for any home providing
care for more than five children, except children who are related by blood or marriage to persons who
maintain the home or where the total number of children received, including relatives, exceeds seven.
The subject site contains a Semi-detached dwelling located on a 4,809 square foot lot. The backyard of
the property is entirely enclosed by a six-foot high privacy fence and provides ample space for play. The
traffic generated by this use will not negatively impact any of the neighboring properties. The site is
located on a neighborhood street that experiences low traffic volume. Additionally, the arrival and
TRACY DESJARDINS
Agenda Item 1
Page 2
departure times will be staggered to prevent congestion. The applicant is proposing no changes to the
exterior of the home or property.
Based on the above, Staff recommends approval of this request with the conditions below.
CONDITIONS
1. The in-home Family (Child) Daycare shall be limited to a maximum of twelve (12) children, other
than children living in the home, and the permitted number of children based on their ages shall
be set forth by the Virginia Department of Social Services.
2. No more than one (1) person, other than the applicant and immediate family, shall assist with
the operation of the Family Daycare Home at any one time.
3. The applicant shall stagger the arrival and departure times for the children such that vehicular
congestion is avoided.
4. When the daycare is not open for business, all play equipment associated with the daycare shall
be located behind the front faCade of the house.
5. A non-illuminated sign not more than one square foot in area, identifying the daycare may be
mounted flat against the house.
6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to
maintain said license in good standing shall result in revocation of this Conditional Use Permit.
7. 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 use of the dwelling as a Family Daycare Home.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site p/an submitted with this application may require revision
during detailed site plan review to meet all applicable City Codes and Standards. All applicab/e
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 Certiricate 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
Environmenfal Design (CPTED) concepts and strafegies as they pertain to this site.
TRACY DESJARDINS
Agenda Item 1
Page 3
'yl O Map
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AERIAL OF SITE LOCATION
TRACY DESJARDINS
Agenda Item 1
Page 4
ZONING HISTORY
During the past ten years, there has been no Use Permit, Rezoning, Subdivision
Variance, or Street Closure requests in the area shown above.
A=-;D
TRACY DESJARDINS
Agenda Item 1
Page 5
APPLiCANT DISCLOSURE
lf 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)
1LA ca..:a. `
2. Lis II businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Aftach lisf if necessary)
til?v
FICheck 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.
!f 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)
? c_??.5:? 0_112) ,
2. Lis I businesses that have a parent-subsidiary' or affiliated business entity2 ?
relationship with the applicant: (Attach lisf if necessary)
.
i
9check here if the property owner is NOT a corporation, partnership, firm, ?
business, or other unincorporated organization. (
& See next page for footnotes ?
1
1
Does an official or em loyee of the y of Virginia Beach have an interest in the j
subject land? Yes No
If yes, what is the name of the official or employee and the nature of their interest? ?
/
/
DISCLOSURE STATEMENT
TRACY DESJARDINS
Agenda Item 1
Page 6
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? 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
C servj esAttach tist if necessary)
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'"Parent-subsidiary relationship° means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2"Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
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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 instniciions 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.
' ? ? ? a ?? f •.?. L 'CL L.. C.
ApplicanYs Sign e > Print Nam
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Prop rty OwaeCs_Zi nat e(if d rent than applicant) Print Name
DISCLOSURE STATEMENT
TRACY DESJARDINS
Agenda Item 1
Page 7
Item #1
Tracy Desjardins
Conditional Use Permit
1521 Oak Knoll Lane
District 1
Centerville
April 9, 2014
CONSENT
An application of Tracy Desjardins for a Conditional Use Permit (Family Daycare Home) on
property located at 1521 Oak Knoll Lane, District 1, Centerville. GPIN: 14658447680000.
CONDITIONS
1. The in-home Family (Child) Daycare shall be limited to a maximum of twelve (12) children,
other than children living in the home, and the permitted number of children based on their
ages shall be set forth by the Virginia Department of Social Services.
2. No more than one (1) person, other than the applicant and immediate family, shall assist
with the operation of the Family Daycare Home at any one time.
3. The applicant shall stagger the arrival and departure times for the children such that
vehicular congestion is avoided.
4. When the daycare is not open for business, all play equipment associated with the daycare
shall be located behind the front fagade of the house.
5. A non-illuminated sign not more than one square foot in area, identifying the daycare may
be mounted flat against the house.
6. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to
maintain said license in good standing shall result in revocation of this Conditional Use
Permit.
7. 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 use of the dwelling as a Family Daycare Home.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to
approved item 1.
AYE 9 NAY 0 ABS 0 ABSENT 2
Item #1
Tracy Desjardins
Page 2
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI
RUS50 AYE
THORNTON AYE
WEINER AYE
By a vote of 9-0, the Commission approved Item 1 by consent.
ABSENT
ABSENT
The applicant appeared before the Commission.
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CITY OF VIRGINIA BEACH
AGENDAITEM
ITEM: VIRGINIA BEACH IL AL INVESTORS, LLC, Northwest corner of South
Independence Boulevard and Princess Anne Road (GPIN 1485169065).
CENTERVILLE DISTRICT
Modification of Conditional Chanae of Zonina approved by the City
Council on February 8, 2011
Conditional Use Permit (Housing for Seniors and Disabled Persons)
MEETING DATE: May 27, 2014
¦ Background:
The subject property was acquired by the City in 1983 as right-of-way necessary
for the construction of a proposed interchange at South Independence Boulevard
and Princess Anne Road. The interchange was eventually eliminated from the
Master Transportation Plan, and the site was declared as excess property.
In 2009, the Virginia Beach City Council entered into an Agreement of Sale with
Tailwind Development Group, L.L.C. and approved a rezoning to Conditional 0-2
Office District for a 60-foot high medical office building with 74,370 square feet of
floor area. That project did not come to fruition.
¦ Considerations:
In December 2013, the City entered into an Agreement of Sale with
Smith/Packett Med-Com, L.L.C., the parent company of the applicant, Virginia
Beach IL AL Investors, L.L.C. This Agreement of Sale is subject to the applicant
obtaining approval of a modification to the 2009 Conditional Change of Zoning
and a Conditional Use Permit for a 180-unit rental facility for Housing for Seniors
and Disabled Persons.
The proffers of the current conditional zoning of the parcel restrict the use and
development of the parcel to development of the site as a medical office building.
To develop the parcel as proposed, the applicant must modify the proffers of the
2009 rezoning such that they are specific to the site and building plans and
proposed use of the site. Additionally, as Housing for Seniors and Disabled
Persons is a conditional use in the 0-2 Office District, the applicant is also
seeking approval of a Conditional Use Permit for that use.
Further details pertaining to site layout and building design, as well as Staff's
evaluation of the request, are provided in the attached staff report.
VIRGINIA BEACH IL AL INVESTORS, LLC
Page 2 of 4
There was no opposition to the request.
¦ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0, to recommend approval of this request to the
City Council as proffered and with the following conditions of the Use Permit.
PROFFERS
PROFFER 1:
The Grantor agrees to develop the Property substantially in conformity with the
concept plan entitled "The Crossings At Princess Anne" (the "Concept Plan")
prepared by Willmark Engineering, PCL dated January 2014, which Concept Plan
has been exhibited to the City Council and is on file in the Department of
Planning.
PROFFER 2:
In conjunction with the development of the Property, the Grantor agrees to
construct a bus stop with a passenger shelter and a standard bus turnout on
Princess Anne Road as depicted on the Concept Plan dated January 2014, last
revised March 18, 2014 by WiIlMark Engineering, PLC entitled, "The Crossings At
Princess Anne (IL/AL/MC)". The Grantor agrees to construct shelter in
accordance with specifications provided by the Grantee and in conformity with
aforementioned plan. In the event any unforeseen factors, such as utility lines or
easements, increase the cost of constructing the shelter, the parties shall work
together in good faith to modify the plan or agree to alternatives.
PROFFER 3:
The residential style building to be developed on the Property, when constructed,
shall be in substantial conformance with the Elevations entitled, "The Crossings At
Princess Anne Senior Living Facility," prepared by Gaylen Howard Laing
Architect, with a maximum height of sixty (60) feet, including screening for roof
mounted mechanical system components, which have been exhibited to the
Virginia Beach City Council and are on file with the Virginia Beach Department of
Planning (hereinafter referred to as the "Elevation"). The external elevation
materials depicted on the Elevation include a mix of brick, fiber cement siding,
vinyl windows and shutters and composition asphalt shingles.
PROFFER 4:
All outdoor lighting on the Property will be directed downward and inward toward
the interior of the Property. Grantors shall provide a photometric plan for
review/approval by the Virginia Beach Police Department or appropriate City staff.
All lighting on the site will be consistent with the standards published by the
Illumination Engineering Society of North America.
VIRGINIA BEACH IL AL INVESTORS, LLC
Page 3 of 4
PROFFER 5:
Landscaping shall be installed in substantial conformity with the Concept Plan
prepared by Willmark Engineering, PLC which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning.
PROFFER 6:
The Grantor shall install right-of-way improvements necessary for a right-turn lane
along Princess Anne Road as depicted in the Concept Plan. Any right-of-way
improvements so constructed shall be compatible with a bus stop and standard
bus turnout on Princess Anne Road.
PROFFER 7:
Vehicular ingress and egress shall be limited to two (2) entrances, with one (1)
entrance for ingress and egress from and to Independence Boulevard and one (1)
entrance for ingress and egress from and to Princess Anne Road.
PROFFER 8:
A landscaped monument style sign externally illuminated from ground level to no
more than eight (8) feet in height shall be constructed on the Property adjacent to
the intersection of Independence Boulevard and Princess Anne Road as depicted
and described on the signage plan (the "Signage Plan") submitted to the Virginia
Beach Department of Planning in conjunction with the Concept Plan, which
Signage Plan has been exhibited to the Virginia Beach City council and is on file
with the Virginia Beach Department of Planning.
PROFFER 9:
No communication towers may be erected on the Property.
PROFFER 10:
Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City Codes by all cognizant City Agencies
and departments to meet all applicable City Code requirements.
CONDITIONS OF USE PERMIT
With the exception of any modifications required by any of these conditions or
as a result of development site plan review, the site shall be developed
substantially in conformance with the concept plan entitled "The Crossings At
Princess Anne" (the "Concept Plan") prepared by Willmark Engineering, PCL
dated January 2014, which Concept Plan has been exhibited to the City
Council and is on file in the Department of Planning.
2. The Conditional Use Permit shall be limited to 180-bed facility.
VIRGINIA BEACH IL AL INVESTORS, LLC
Page 4 of 4
3. The use of chain link fencing shall be prohibited.
4. The Applicant shall work with the Development Services Center's Landscape
Architect to develop a Landscape Plan with acceptable shrub and tree species
strategically located within the required 20-wide buffer along the northern
property line to ensure the long-term visibility of the Green Run Home
Association's adjacent open spaces.
¦ Attachments:
Staff Report and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department
?
City Manager: S v , 10?
CENTERVILLE
4
April 9, 2014 Public Hearing
APPLICANT:
VIRGINIA BEACH
IL AL INVESTORS,
LLC
PROPERTY OWNER:
CITY OF VIRGINIA
BEACH
CUP /w Housing /ar Seniws 8 DlsablM Persons
Alodifieation oI ProMers
STAFF PLANNER: Carolyn A.K. Smith
REQUEST:
Modification of Conditional ChanQe of Zonina approved by the City Council on February 8, 2011
Conditional Use Permit for Housing for Seniors & Disabled Persons
ADDRESS / DESCRIPTION: Northwest corner of South Independence Boulevard and Princess Anne
Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14851690650000 CENTERVILLE 3.97 acres Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The City acquired this property in 1983 for right-of-way needed to construct an interchange at South
Independence Boulevard and Princess Anne Road. At that time, the Master Transportation Plan
designated Princess Anne Road (Ferrell Parkway) as a limited-access highway with grade-separated
interchanges. Subsequent Master Transportation Plans, however, eliminated plans for grade-separated
interchanges as part of Princess Anne Road, and the roadway was improved to its current configuration;
Princess Anne Road is now designated as a controlled-access roadway.
After the construction of the current Princess Anne Road was completed, the subject property under
consideration was declared 'excess' and deleted from the Master Transportation Plan. In 2009, the
Virginia Beach City Council entered into an Agreement of Sale with Tailwind Development Group, L.L.C.
and approved a rezoning to Conditional 0-2 Office District for a 60-foot high medical office building with
74,370 square feet of floor area. That project did not come to fruition, and in December 2013, the City
entered into an Agreement of Sale with Smith/Packett Med-Com, L.L.C., the parent company of the
applicant, Virginia Beach IL AL Investors, L.L.C. This Agreement of Sale is subject to the applicant
obtaining approval of a modification to the 2009 Conditional Change of Zoning and a Conditional Use
Permit for a 180-unit rental facility for Housing for Seniors and Disabled Persons. The 180 units include
101 independent living units, facilities for ±62 individuals needing assisted living and ±10 individuals
VIRGINIA BEACH IL AL INVESTORS, LLC
Agenda Item 4
Page 1
needing nursing [memory] care. The total number of units / beds wili not, however, exceed 180. The
Agreement of Sale specifically states that the proffers of the Conditional Zoning Agreement specify the
following:
• An acceptable building design and exterior building materials;
• A 20-foot wide planted buffer with privacy fence along the rear property line;
• A limitation on the building's height to 60 feet;
• Commencement of the project within 60 days of settlement of the sale, and completion of the
project within two years of settlement;
• The relocation and construction of a bus stop on this site; and,
• The recordation of a Public Utility Easement over an existing 30-inch water line that traverses the
property.
The submitted conceptual site layout depicts a 200,000 square foot, four-story structure located at the
corner of Independence Boulevard and Princess Anne Road. The majority of the parking spaces are
proposed to the rear of the building with 51 spaces under the building, occupying the first floor. An open
air courtyard, totaling 11,500 square feet, is planned in the middle of the building that may include an
outdoor garden is for the exclusive use of the memory care patients. According to the applicant, the
average age of residents is expected to be in the low 80s. Units will be available for independent and
assisted living as well as a memory care facility that may offer companion rooms to spouses. Similar to
other facilities owned by the applicant, the following amenities are proposed: van transportation to local
shops, 24-hour concierge service, 24-hour nursing staff, a computer lab, a beauty/barber shop, a theater,
an ice cream parlor, a pub/cafe, a chapel, and activity and fitness rooms.
Preliminary stormwater management strategies include the use of bioretention beds throughout the site
and the possible use of pervious pavement for the parking spaces to reduce impervious surfaces. The
required Category IV Landscaping and Screening with a walking trail are depicted within a 20-foot wide
buffer, adjacent to the residential properties to the north. It appears that the interior parking lot plantings
are deficient; however, additional trees and plantings beyond the minimum required are depicted on the
concept plan along the rights-of-ways and between the building and the parking areas. All details of the
required plantings, such as interior parking lot plantings, will be further scrutinized during final site plan
review.
The concept plan indicates lot coverage (the building footprint) as above the maximum of 25%,
necessitating a Board of Zoning Appeal's variance for the proposed 31.5% coverage. Right-in/right-out
access points along both rights-of-way, a new right-turn lane along Princess Anne Road, a bus stop with
shelter and dedication of property for these improvements are all depicted on the proffered plan.
The proffered building elevations depict a four-story structure with exterior building materials of reddish-
brown brick on the first floor with architectural details of intermittent arcades and standing seam metal
awnings, soldier course, and white brick keystones over windows. Floors two, three and four are
depicted with dark beige and off-white cement fiber lap siding, balconies and vinyl windows with dark
shutters.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: vacant, undeveloped grassed area
SURROUNDING LAND North: . Single-family dwellings / PD-H1 District
VIRGINIA BEACH IL AL INVESTORS, LLC
Agenda Item 4
Page 2
USE AND ZONING: South: . Princess Anne Road
• Future retail / Conditional B-4 Business District
East: . South Independence Boulevard
• Mixed retail / PD-H1 District
West: . Open space, Single-family dwellings / PD-H1 District
NATURAL RESOURCE AND There are no significant environmental or known culturai features on
CULTURAL FEATURES: this site.
COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being 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 reinforcing the
suburban characteristics of commercial centers and other non-residential areas that comprise part of the
Suburban Area. Achieving these goals requires that all land use activities 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 (CIP1: Princess
Anne Road in the vicinity of this application is considered an eight-lane divided major urban arterial. The
MTP proposes an eight-lane divided major arterial facility within a 150-foot right-of-way.
South Independence Boulevard in the vicinity of this application is considered a four-lane divided major
urban arterial. The MTP proposes a four-lane divided minor arterial facility within a 125 foot right-of-way.
No roadway CIP projects are slated for this area.
TRAFFIC: Street Name Present present Capacity Generated Traffic
Volume
Princess Anne 45,345 ADT 34,940 ADT (Level of
Road Service "C") - 64,260
ADT' (Level of Service Existing Zoning 2-
"E") 1,310 / 2,687 ADT
South Proposed Land Use 3-
Independence 28,590 ADT' 17,300 ADT' (Level of 433 ADT
Boulevard Service "C") - 31,700
ADT' (Level of Service
„E„
Average Daily Trips
Zas defined by typical office use on 3.97 acres / as defined by approved 74,370 s.f. medical offce building
3 as defined b roposed 180-bed facilit for seniors and disabled ersons
WATER: This site must connect to City water. There is a 24-inch City water main along Princess Anne
Road and a 12-inch City water main along South Independence Boulevard.
VIRGINIA BEACH IL AL INVESTORS, LLC
Agenda Item 4
Page 3
SEWER: City sanitary sewer is not available to this site. The applicant must coordinate with the
Department of Public Utilities to obtain sanitary sewer service.
EVALUATION AND RECOMMENDATION
In December 2013, at City Council's direction, the City entered into an Agreement of Sale with
Smith/Packett Med-Com, L.L.C., the parent company of the applicant Virginia Beach IL AL Investors,
L.L.C. This Agreement of Sale is specifically for a 180-unit rental facility for Housing for Seniors and
Disabled Persons. Such a facility on this site is subject to both a modification to the existing conditional
zoning on the property and a Conditional Use Permit. The Conditional Use Permit for Housing for
Seniors restricts occupancy to generally those who are at least 62 years of age or older; and Housing for
Disabled Persons restricts occupancy to disabled or ill persons or their family members who serve as
their caregivers. Section 235 (b) of the Zoning Ordinance states that City Council may set the density of
a project based on conformance to the Senior Housing Facility Development Guidelines and the
adequacy of the services and facilities proposed. In this respect, the proposed four-story, 180-unit project
equates to a density of 45 units per acre, which includes up to 50 nursing care beds. A description of
how the project performs with regard to the Comprehensive Plan's General Community Appearance
Guidelines, the Comprehensive Plan's Suburban Area Guidelines (both combined as "Comprehensive
Plan Guidelines" below) and the Senior Housing Facility Development Guidelines (Senior Housing
Guidelines) is summarized below.
SITE SELECTION:
Consistent with the Senior Housing Guidelines, the location for the facility is proposed within close
proximity to useful services and facilities such as banks, shopping centers, medical services, among
others, as general retail, a grocer, pharmacy services and restaurants exist across Independence
Boulevard and the Sentara Princess Anne Hospital is less than one mile to the south. Important for those
in independent living units, this site is located on the Hampton Roads Transit (HRT) Bus Route 25 with
direct bus service to both the Sentara Medical Center - Princess Anne and the Sentara Leigh Memorial
Hospital as well as service between the City of Virginia Beach Municipal Center to the Newtown Road
Light Rail Station and to both the Military Circle transfer location in Norfolk and the nearby Tidewater
Community College -Virginia Beach Campus transfer location. The Hampton Roads Transit Authority, in
consultation with the City's Traffic Engineering Staff, concurs that a bus shelter is appropriate for this site
based on the potential ridership generated by this type of use. Due to the high travel speeds along
Princess Anne Road and consistent with both the proposed stop across Princess Anne Road and the
former proposal on this site, a standard bus turnout at the bus stop is proposed.
AFFORDABILITY:
The Senior Housing Guidelines recommend that every effort be made to earmark a reasonable
percentage of senior housing units to those who quality for low and moderate income assistance as
defined by the United States Department of Housing and Urban Development. The applicant has
indicated that some units may be targeted for this demographic, but has not made a commitment as such.
SITE DESIGN:
Setbacks & Building Location - The building orientation at the corner reflects the
recommendations of the Comprehensive Plan Guidelines related to the location of vehicular
parking spaces. The majority of the parking spaces are located behind the building, primarily out
of view from the rights-of-way.
VIRGINIA BEACH IL AL INVESTORS, LLC
Agenda Item 4
Page 4
Access and Circulation - Princess Anne Road from Ferrell Parkway to Nimmo Parkway is
designated in the Master Transportation Plan as an "access-controlled road." By limiting access,
capacity is increased and flow improved, as turning movements to and from a site are located on
a less busy roadway. This is especially important for Princess Anne Road which is currently
operating near capacity at a Level of Service D; however, Staff realizes that a right-in only access
point was approved for this site in 2011. Based on this, Traffic Engineering recommends both
right-in/right-out access points, as shown on the proffered plan, rather than right-in only as
previously approved. Providing the opportunity to enter and exit the site at the same point
eliminates driver confusion and blatant disregard over the proper place to enter and exit a site
and is consistent with the Senior Housing Guidelines that sets a high priority for clear and
convenient vehicular and non-vehicular access to all new senior housing developments.
Changes in paving material as proposed on the plan are encouraged to assist driver awareness
of pedestrian crossings.
Parking Areas - As recommended in the Comprehensive Plan Guidelines and as shown on the
proposed plan, the parking areas should be situated so that they are buffered from the arterial
highway by landscaping or other physical means and provide safe, well-marked and well-lit
access to the units.
Landscaping - The Senior Housing Guidelines state that senior housing facilities that adjoin
residential areas should provide effective screening. The minimum required setback of 20 feet
with a Category IV buffer is depicted on the plan, however, a walking trail is proposed within this
area. The concern is that over time, the plants will require pruning to keep from interfering with
pedestrians. While maintenance is permitted within the buffer, it is important that the plant
material become full and mature in order to provide a sufficient screen to the neighbors to the
north. The proposed walking path along the rear of the property will be a nice amenity for the
residents of the facility but should not compromise the benefits of a full Category IV buffer along
the northern property line. It is recommended that the trail be relocated outside of the buffer.
Other details of the required plantings, such as interior parking lot plantings, will be further
scrutinized during final site plan review.
Stormwater Management as Landscape Amenities - The specifics of the stormwater
management strategy have not been finalized; however, the applicanYs engineer has stated that
is likely that bioretention beds will be installed parallel to the rights-of-way. These beds appear as
depressed, planted areas that can serve as visual amenities if designed properly. In addition, the
parking spaces may be constructed with a permeable paving system, thereby reducing
impervious surfaces while creating an interesting pavement pattern. The ultimate components of
the stormwater management strategies will be submitted with the detailed site plan review.
Signage - The entry signage is depicted on the plan as a brick monument style sign, consistent in
color and theme with the building, and is externally illuminated.
Lighting - The applicant has proffered the submission of a Lighting Plan during final site plan
review to ensure consistency with the Comprehensive Plan Guidelines that recommend that all
outdoor lighting provide a safe and attractive environment, while avoiding glare and spillover onto
adjacent residential parcels.
BUILDING DESIGN:
Scale and Building Mass Compatibility - Scale is vital to achieving compatibility with surrounding
land uses. An important aspect of scale is a structure's size in relationship to its surroundings.
The mass and scale of the proposed building will no doubt appear large, as compared to the
VIRGINIA BEACH IL AL INVESTORS, LLC
Agenda Item 4
Page 5
immediately adjacent single family dweilings to the north. The apartment buildings across
Princess Anne Road, with the largest at 48,000 square feet, will help to "balance ouY" the
intersection but undeniably the proposed 200,000 square foot building will be a dominant
structure and the largest multi-family building in the vicinity. By comparison, the office building on
this site, approved in 2011, was proposed with approximately 75,000 square feet.
Color - The Comprehensive Plan Guidelines recommend that color be used to accent the
building, but not be a prominent component. The exterior building colors are depicted as neutral
earth tone hues of dark reddish-brown brick and beige and dark tan siding.
Building Materials - The proffered building materials of cement fiber board, architectural grade
shingles, and brick are long-lasting, attractive, and high-quality, all consistent with all Guidelines.
Staff's finding of the proposal is that it is generally compatible with the Comprehensive Plan with regard to
use. Staff recommends approval of this request with the submitted proffers. The proffers are provided
below.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).
The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§1 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and
serve as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
The Grantor agrees to develop the Property substantially in conformity with the concept plan entitled "The
Crossings At Princess Anne" (the "Concept Plan") prepared by Willmark Engineering, PCL dated January
2014, which Concept Plan has been exhibited to the City Council and is on file in the Department of
Planning.
PROFFER 2:
In conjunction with the development of the Property, the Grantor agrees to construct a bus stop with a
passenger shelter and a standard bus turnout on Princess Anne Road as depicted on the Concept Plan
dated January 2014, last revised March 18, 2014 by WiIlMark Engineering, PLC entitled, "The Crossings
At Princess Anne (IL/AL/MC)". The Grantor agrees to construct shelter in accordance with specifications
provided by the Grantee and in conformity with aforementioned plan. In the event any unforeseen factors,
such as utility lines or easements, increase the cost of constructing the shelter, the parties shall work
together in good faith to modify the plan or agree to alternatives.
PROFFER 3:
The residential style building to be developed on the Property, when constructed, shall be in substantial
conformance with the Elevations entitled, "The Crossings At Princess Anne Senior Living Facility,"
prepared by Gaylen Howard Laing Architect, with a maximum height of sixty (60) feet, including screening
for roof mounted mechanical system components, which have been exhibited to the Virginia Beach City
Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the
"Elevation"). The external elevation materials depicted on the Elevation include a mix of brick, fiber
cement siding, vinyl windows and shutters and composition asphalt shingles.
VIRGINIA BEACH IL AL INVESTORS, LLC
Agenda Item 4
Page 6
PROFFER 4:
All outdoor lighting on the Property will be directed downward and inward toward the interior of the
Property. Grantors shall provide a photometric plan for review/approval by the Virginia Beach Police
Department or appropriate City staff. All lighting on the site will be consistent with the standards published
by the Illumination Engineering Society of North America.
PROFFER 5:
Landscaping shall be installed in substantial conformity with the Concept Plan prepared by Willmark
Engineering, PLC which has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning.
PROFFER 6:
The Grantor shall install right-of-way improvements necessary for a right-turn lane along Princess Anne
Road as depicted in the Concept Plan. Any right-of-way improvements so constructed shall be compatible
with a bus stop and standard bus turnout on Princess Anne Road.
PROFFER 7:
Vehicular ingress and egress shall be limited to two (2) entrances, with one (1) entrance for ingress and
egress from and to Independence Boulevard and one (1) entrance for ingress and egress from and to
Princess Anne Road.
PROFFER 8:
A landscaped monument style sign externally illuminated from ground level to no more than eight (8) feet
in height shall be constructed on the Property adjacent to the intersection of Independence Boulevard and
Princess Anne Road as depicted and described on the signage plan (the "Signage Plan") submitted to the
Virginia Beach Department of Planning in conjunction with the Concept Plan, which Signage Plan has
been exhibited to the Virginia Beach City council and is on file with the Virginia Beach Department of
Planning.
PROFFER 9:
No communication towers may be erected on the Property.
PROFFER 10:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers listed above are acceptable and ensure that the site will be developed
in accordance with the submitted details including, but not limited to, the conceptual layout, the building
design, right-of-way improvements, signage and plantings. This proffer agreement provides a high level of
predictability of the final outcome of development of these sites.
The City Attorney's Office has reviewed the proffer agreement dated March 18, 2014, and found it to be
legally sufficient and in acceptable legal form.
CONDITIONS
1. With the exception of any modifications required by any of these conditions or as a result of
VIRGINIA BEACH IL AL INVESTORS, LLC
Agenda Item 4
Page 7
development site plan review, the site shall be developed substantiaily in conformance with the
concept plan entitled "The Crossings At Princess Anne" (the "Concept Plan") prepared by Willmark
Engineering, PCL dated January 2014, which Concept Plan has been exhibited to the City Council
and is on file in the Department of Planning.
2. The Conditional Use Permit shali be limited to 180-bed facility.
3. The use of chain link fencing shall be prohibited.
4. The Applicant shall work with the Development Services Center's Landscape Architect to develop
a Landscape Plan with acceptable shrub and tree species strategically located within the required
20-wide buffer along the northern property line to ensure the long-term visibility of the Green Run
Home Association's adjacent open spaces.
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
sife plan review to meet all applicable Cify Codes and Standards. All applicable permits required
by the City Code, including those administered by the Department of Planning / Deve/opment
Services Cenfer and Department of Planning / Permits and Inspections Division, and the issuance
of a Certiricate of Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contacf and work with the Crime Prevention Office within fhe Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
VIRGINIA BEACH IL AL INVESTORS, LLC
Agenda Item 4
Page 8
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Agenda item 4
Page 15
ZONING HISTORY
# DATE REQUEST ACTION
1 02/08/11 Rezonin PD-H1 to Conditional 0-2 Granted
2 06/26/07 Rezoning (R-10 & R-5D to Conditional A-12 & B-4 with a PD-1-12
Overla Granted
3 06/09/98 Subdivision Variance Granted
4 07/09/96 Modification to the Land Use Plan Granted
VIRGINIA BEACH IL AL INVESTORS, LLC
Agenda Item 4
Page 16
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 aii officers, members, trustees,
partners, etc, below: (Aifach list if necessary)
Virginia Beach IL AL Investors, LLC Officers: Jim Smith, Chairman and Manager
Hunter Smith, Vice Chairman and Manager, Smith/Packeft Med-Com, LLC, Manager
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
SmithtPackett Med-Com, LLC
? Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete fhis section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, compiete the following:
1. List the property owner name followed by the names of aH officers, members,
trustees, partners, etc. below: (Attach list,ifnecessary)
City of Virginia Beach
2. List all businesses that have a parent-subsidiaryl or affiliated business en6ty2
relationship with the applicant: (Attach list if necessary)
F] Check here (f the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
&` See next page for footnotes
?
Does an official or em loyee of the City of Vrginia Beach have an interest in the 1
subject land? Yes fVo 1-1
If yes, what is the name of the official or employee and the nature of their interest? I
The City of Virginia Beach owns the subject land. /
I'
DISCLOSURE STATEMENT
VIRGINIA BEACH IL AL INVESTORS,,`LLC
Agenda Item 4
Page 17
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services wi#h 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)
Willmark Engineering PLC - Engineering
Thalhimer-Cushman, Wakefield - Brokerage - Purchase
Wolcott Rivers Gates - Legal Services
Hayden Frye and Associates, Inc. - Surveyor; GHLA, Inc. - Architectural
1 "Parent-subsidiary relationship" means "a retationship 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 lnterests 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 (ii) there is shared management or control between the business
entities. Factors that shoutd be considered in determining the existence of an afriliated
business entity relationship include that the same person or subsiantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of fhe same offices or employees or othervuise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: 1 certify that the information contained herein is true and accurate.
I understand that, upon recelpt of notificaUon (postcard) that the applicatlon 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 evaluafing this appfication.
vrginia Beach 1L AL Investors, LLC
BY: Z?- r 5
ApplicanYs Signature Print Name ?
City of Virginia Beach
ey:
Property Owner's Signature (rF different than applicant)
Print Name
C1%
DISCLOSURE STATEMENT
VIRGINIA BEACH IL AL INVESTORS;` LLC
Agenda Item 4
Page 18
Item #4
Virginia Beach IL AL Investors, L.L.C.
Modification of Proffers
Conditional Use Permit
Northern corner of S. Independence Boulevard and Princess Anne Road
District 1
Centerville
April 9, 2014
CONSENT
An application of Virginia Beach IL AL Investors, L.L.C. for a Modification of Conditional Change
of Zoning approved by the City Council on February 8, 2011, and an application of Virginia
Beach IL AL Investors, L.L.C. for a Conditional Use Permit for Housing for Seniors & Disabled
Persons on property located at the Northwest corner of South Independence Boulevard and
Princess Anne Road, District 1, Centerville. GPIN: 14851690650000.
PROFFERS
PROFFER 1:
The Grantor agrees to develop the Property substantially in conformity with the concept plan
entitled "The Crossings At Princess Anne" (the "Concept Plan") prepared by Willmark
Engineering, PCL dated January 2014, which Concept Plan has been exhibited to the City Council
and is on file in the Department of Planning.
PROFFER 2:
In conjunction with the development of the Property, the Grantor agrees to construct a bus
stop with a passenger shelter and a standard bus turnout on Princess Anne Road as depicted on
the Concept Plan dated January 2014, last revised March 18, 2014 by WiIlMark Engineering, PLC
entitled, "The Crossings At Princess Anne (IL/AL/MC)". The Grantor agrees to construct shelter
in accordance with specifications provided by the Grantee and in conformity with
aforementioned plan. In the event any unforeseen factors, such as utility lines or easements,
increase the cost of constructing the shelter, the parties shall work together in good faith to
modify the plan or agree to alternatives.
PROFFER 3:
The residential style building to be developed on the Property, when constructed, shall be in
substantial conformance with the Elevations entitled, "The Crossings At Princess Anne Senior
Living Facility," prepared by Gaylen Howard Laing Architect, with a maximum height of sixty
(60) feet, including screening for roof mounted mechanical system components, which have
been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach
Department of Planning (hereinafter referred to as the "Elevation"). The external elevation
Item #4
Virginia Beach IL AL Investors, L.L.C.
Page 2
materials depicted on the Elevation include a mix of brick, fiber cement siding, vinyl windows
and shutters and composition asphalt shingles.
PROFFER 4:
All outdoor lighting on the Property will be directed downward and inward toward the interior
of the Property. Grantors shall provide a photometric plan for review/approval by the Virginia
Beach Police Department or appropriate City staff. All lighting on the site will be consistent
with the standards published by the Illumination Engineering Society of North America.
PROFFER 5:
Landscaping shall be installed in substantial conformity with the Concept Plan prepared by
Willmark Engineering, PLC which has been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning.
PROFFER 6:
The Grantor shall install right-of-way improvements necessary for a right-turn lane along
Princess Anne Road as depicted in the Concept Plan. Any right-of-way improvements so
constructed shall be compatible with a bus stop and standard bus turnout on Princess Anne
Road.
PROFFER 7:
Vehicular ingress and egress shall be limited to two (2) entrances, with one (1) entrance for
ingress and egress from and to Independence Boulevard and one (1) entrance for ingress and
egress from and to Princess Anne Road.
PROFFER 8:
A landscaped monument style sign externally illuminated from ground level to no more than
eight (8) feet in height shall be constructed on the Property adjacent to the intersection of
Independence Boulevard and Princess Anne Road as depicted and described on the signage
plan (the "Signage Plan") submitted to the Virginia Beach Department of Planning in
conjunction with the Concept Plan, which Signage Plan has been exhibited to the Virginia Beach
City council and is on file with the Virginia Beach Department of Planning.
PROFFER 9:
No communication towers may be erected on the Property.
PROFFER 10:
Further conditions may be required by the Grantee during detailed Site Plan review and
administration of applicable City Codes by all cognizant City Agencies and departments to meet
all applicable City Code requirements.
Item #4
Virginia Beach IL AL Investors, L.L.C.
Page 3
CONDITIONS
1. With the exception of any modifications required by any of these conditions or as a result of
development site plan review, the site shall be developed substantially in conformance with
the concept plan entitled "The Crossings At Princess Anne" (the "Concept Plan") prepared
by Willmark Engineering, PCL dated January 2014, which Concept Plan has been exhibited
to the City Council and is on file in the Department of Planning.
2. The Conditional Use Permit shall be limited to 180-bed facility.
3. The use of chain link fencing shall be prohibited.
4. The Applicant shall work with the Development Services Center's Landscape Architect to
develop a Landscape Plan with acceptable shrub and tree species strategically located
within the required 20-wide buffer along the northern property line to ensure the long-term
visibility of the Green Run Home Association's adjacent open spaces.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to
approved item 4. David Weiner abstained from the voting due to a business relationship.
AYE 8
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI
RUS50 AYE
THORNTON AYE
WEINER
NAY 0 ABS 1 ABSENT 2
ABSENT
ABSENT
ABS
By a vote of 8-0-1, with the abstention so noted, the Commission approved item 4 by consent.
Les Watson appeared before the Commission on behalf of the applicant.
? y 2
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R NAt\ON
In Reply Refer To Our File No. DF-8906
TO: Mark D. Stiles
FROM: B. Kay WilsonW
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
DATE: May 15, 2014
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Virginia Beach IL AL Investors, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on May 27, 2014. I have reviewed the subject proffer agreement, dated March
18, 2014 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
THE CITY OF VIRGINIA BEACH, a municipal corporation
VIRGINIA BEACH IL AL INVESTORS, LLC, a Virginia limited liability company
TO (MODIFICATION TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS MODIFICATION TO PROFFER AGREEMENT, is made this 18'h day of March,
2014, between and among VIRGINIA BEACH IL AL INVESTORS, LLC, a Virginia limited
liability company, Grantor, party of the first part; and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part.
WITNESSETH:
WHEREAS, the City of Virginia Beach is the owner of a parcel of real property located in
the Centerville District of the City of Virginia Beach, Virginia, containing approximately 3.977
acres of land, which is more particularly described in Exhibit A attached hereto and incorporated
herein by this reference (the "Property"); and
WHEREAS, Virginia Beach IL AL Investors, LLC is the contract purchaser of the
Property and with the owner's consent, has applied for approval of a Conditional Use Permit for
development of residential housing for seniors and disabled persons upon the Property; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land for
various purposes through zoning and other land development legislation; and
GPIN NO.: 1485-16-9065 Prepared by: Leslie R. Watson, Esq.
Wolcott Rivers Gates
301 Bendix Road
Suite 500
Virginia Beach, VA 23452
WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses
conflict and that in order to permit differing uses on and in the area of the Property and at the same
time to recognize the effects of change, and the need for various types of uses, certain reasonable
conditions governing the use of the Property far the protection of the community that are not
generally applicable to land similarly zoned are needed to cope with the situation to which
Grantor's application gives rise; and
WHEREAS, the application of (Grantor) for a conditional use permit was approved by the
City Council of the City of Virginia Beach; and
WHEREAS, by Proffered Covenants Restrictions and Conditions dated December 28,
2010 and made by Tailwinds Development Group, LLC, a Virginia limited liability company
("Tailwinds") and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia on February 15, 2011 as Instrument No. 20110215000158430 (the "Original Proffer
Agreement"), Tailwinds voluntarily subjected the Property to certain proffered conditions and
restrictions (the "Original Proffers");
WHEREAS, the development proposed by Tailwinds for the Property contemplated a five
story commercial office building, and;
WHEREAS, the project proposed by Grantor is residential housing for seniors and
disabled persons; and
WHEREAS, certain of the Original Proffers were appropriate for a commercial office
building but are not appropriate for the development of residential housing for seniors and disabled
persons.
NOW THEREFORE, Grantor has made application to the Grantee to modify the Proffers
in part and accordingly, voluntarily and without any requirement by or exaction from the Grantee
2
or its governing body and without any element of compulsion or quid ro quo for zoning, rezoning,
site plan, building permit, or subdivision approval, Grantor hereby makes the following
modification to declaration of conditions and restrictions which shall restrict and govern the
physical development, operation and use of the Property and hereby covenants and agrees that this
declaration shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantor, its successors,
personal representatives, assigns, Grantee, and other successors in interest or title:
All of the enumerated Original Proffers are hereby deleted in their entirety and in the place
and stead thereof, the following are substituted:
1. The Grantor agrees to develop the Property substantially in conformity with the
concept plan entitled "The Crossings At Princess Anne" (the "Concept Plan") prepared by
Willmark Engineering, PLC dated January 2014, which Concept Plan has been exhibited to the
City Council and is on file in the Department of Planning.
2. In conjunction with the development of the Property, the Grantor agrees to
construct a bus stop with a passenger shelter and a standard bus turnout on Princess Anne Road as
depicted on the Concept Plan dated January 2014, last revised March 18, 2014 by WillMark
Engineering, PLC entitled "The Crossings at Princess Anne (IL/AL/MC)". The Grantor agrees to
construct shelter in accordance with specifications provided by the Grantee and in conformity with
aforementioned plan. In the event any unforeseen factors, such as utilities lines or easements,
increase the cost of constructing the shelter, the parties shall work together in good faith to modify
the plan or agree to alternatives.
3. The residential style building to be developed on the Property, when constructed,
shall be in substantial conformance with the Elevations entitled, "The Crossings At Princess Anne
3
Senior Living Facility", prepared by Gaylen Howard Laing Architect, with a maximum height of
sixty (60) feet, including screening for roof mounted mechanical systems components, which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (hereinafter referred to as the "Elevation"). The external building
materials depicted on the Elevation include a mix of brick, fiber cement siding, vinyl windows and
shutters and composition asphalt shingles.
4. All outdoor lighting on the Property will be directed downward and inward toward
the interior of the Property. Grantor shall provide a photometric plan for review/approval by the
Virginia Beach Police Department or appropriate City staff. All lighting on the site will be
consistent with the standards published by the Illumination Engineering Society of North America.
5. Landscaping shall be installed in substantial conformity with the Concept Plan
prepared by Willmark Engineering, PLC which has been exhibited to the Virginia Beach City
Couilcil and which is on file with the Virginia Beach Planning Department.
6. The Grantor shall install all right of way improvements necessary for a right turn
lane along Princess Anne Road as depicted on the Concept Plan. Any right of way improvements
so constructed shall be compatible with a bus stop and standard bus turnout on Princess Anne
Road.
7. Vehicular ingress and egress shall be limited to two (2) entrances, with one (1)
entrance for ingress and egress from and to Independence Boulevard and one (1) entrance for
ingress and egress from and to Princess Anne Road.
8. A landscaped monument style sign externally illuminated from ground level to no
more than eight (8) feet in height shall be constructed on the Property adjacent to the intersection
of Independence Boulevard and Princess Anne Road as depicted and described on the signage plan
4
(the "Signage Plan") submitted to Virginia Beach Department of Planning in conjunction with the
Concept Plan, which Signage Plan has been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning.
9. No communications towers may be erected on the Property.
10. Further conditions may be required by the Grantee during detailed Site Plan review
and administration of applicable City Codes by all cognizant City Agencies and departments to
meet all applicable City Code requirements.
Other than as specifically modified herein, the Original Proffer Agreement recorded in the
aforesaid Clerk's Office as Instrument No. 20110215000158430, is hereby ratified, restated and
confirmed and shall be in full force and effect.
[Signatures Begin on Next Page]
WITNESS the following signatures and seals:
THE CITY OF VIRGINIA BEACH,
a municipal corporation
By: Q-I --9 (SEAL)
Name:71->A.->.a
Title: u
COMMONWEALTH OF VIRGINIA
CITY OF UiRGINlA 8644N , to-wit:
I, the undersigned, a Notary Public in and for my City and State aforesaid, do hereby
certify that 01b C.MAIl $CiJ DfN,'~ GrV M&W6F"bf the City of Virginia Beacha
municipal corporation, whose name is signed to the foregoing instrument, has acknowledged the
same before me this Z4 day of MARCN , 2014, who is X personally know to me or
has produced as identification.
tary ublic
A
CHRISTOPHER S. CAHOON
Notary Public
CommonweaHh of Virpinia
193676
M!? Commiasion Expires Mar 31, 2015
6
VIRGINIA BEACH IL AL INVESTORS,
LLC,
a limited liability company
By: /_11- (SEAL)
Name: Hunter D. Smith
Title: Vice Chairman & Manager
COMMONWEALTH OF VIRGINIA
CITY OF DGL-,q D e , to-wit:
I, the undersi ned, a Notary Public in and for my City and State aforesaid, do hereby
certify that 14 U Yl Tey ?v Ym I?" 0?e, Choi I r.? Ny? ?tI?RG?T,A BEACH IL AL
INVESTORS, LLC, a Virginia limited liability company, whose nam?is signed to the foregoing
instrument, has acknowledged the same before me this 17 day of G?l , 2014, who
is ? personally know to me or has produced as identification. Notary Public
My Commission Expires: ( D
My Commission Number: Z 2[P3 7(P
CAP1QL A, DOUUIKC-N
NorAR'r PusLic
Commanwealth of Virginia
Reg. #226376
MY Commission Expires Oct. 31, 2016
7
Exhibit "A"
To Modification of Proffers
ALL THAT certain lot, piece or parcel of land, together with any improvements
thereon and all appurtenances thereunto belonging, lying, situate and being in the
City of Virginia Beach, Virginia, and being designated and described as PARCEL
E-3 AREA = 4.250 ACRES on that certain plat entitles "Green Run P.U.D.
SUBDIVISION SECTION E-3, PART 5 KEMPSVILLE BOROUGH, VIRGINIA
BEACH, VIRGINIA", signed by W. Page Cockrell, Land Surveyor, on November
29, 1982, prepared by Talbot & Associates, Ltd., Engineers-Architects-Planners-
Surveyors, Virginia Beach, Virginia, in Map Book 163, at page 17, reference to
which plat is hereby made for a more particular description of said property.
I:\document directory\v\virginia beach il-al investors, I16zoning matterModified proffer agreemenro6 - final.docx
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: RODNEY PRICE (Applicant) / DAM NECK CROSSING, LLC (Owner),
Conditional Use Permit for Motor Vehicle (Truck and Trailer) Rentals. 1630
General Booth Blvd, Suite 106 (GPIN 2415541078). PRINCESS ANNE
DISTRICT
MEETING DATE: May 27, 2014
¦ Background:
The applicant requests a Conditional Use Permit for Truck and Trailer Rentals,
which will allow the applicant to operate a U-Haul rental center from a currently
vacant unit of an existing shopping center, which is anchored by a 100,000
square foot retail store. The applicant proposes to operate from a 1,000 square
foot unit within the center.
¦ Considerations:
The applicant is proposing to operate seven days a week between the hours of
9:00 am and 5:00 pm. Outside of these proposed hours of operation, customers
are allowed to return a truck or trailer and leave the key in a drop box. There will
be a general manager and one employee at this location. With the exception of
signage, the applicant is proposing to make no physical changes to the site or
exterior of the building. Rental vehicles will be stores behind the shopping center
along the rear lot line.
Further details pertaining to the proposal, as well as Staff's evaluation of the
request, are 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 9-0, to recommend approval of this request to the
City Council with the following conditions.
1. No onsite repairs or maintenance of any truck or trailer shall be
permitted on this site.
2. The applicant may store a total of eight trucks or trailers for rent. Parking
of the trucks and trailers shall be limited to the rear of the building as
RODNEY PRICE
Page 2 of 2
called out on the submitted site plan exhibit.
3. No trucks or trailers for rent may be parked within any portion of a public
right-of-way.
4. All signage related to this use must be in accordance with sign
regulations outlined in the Zoning Ordinance.
5. Any truck or trailer over 18 feet in length shall occupy two adjacent
parking spaces which total the minimum dimensions of 9' x 36'.
6. The after-hours drop-box shall be located in a well illuminated area.
¦ Attachments:
Staff Report and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department
City Manager: ?` ??
vRINCess wNNE
".V `"^ C°"a`biw°'°M"'. °o"' S^"'• ^°"'°'a" CUP /or VehiNe Rmtal
REQUEST:
Conditional Use Permit (Truck and Trailer Rental)
ADDRESS / DESCRIPTION: 1630 General Booth Blvd., Suite 106
13
April 9, 2014 Public Hearing
APPLICANT:
RODNEY PRICE
PROPERTY OWNER:
DAM NECK
CROSSING, LLC.
STAFF PLANNER: Kristine Gay
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24155410780000 PRINCESS ANNE 553,907 square feet >75 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests a Conditional Use Permit for Truck and Trailer Rentals to operate a U-Haul rental
center within a currently vacant unit of the existing shopping center.
Existing on the site is a strip shopping center. The shopping center consists of twenty-three leasable
units. K-Mart occupies the largest leasable unit which is over 100,000 square feet in area; the remaining
twenty-two units are approximately 1000 square feet in area. As shown on the location map above in
blue, the applicant proposes to operate within one of the small units located in the northern portion of the
shopping center. The submitted site plan exhibit calls this unit out as Unit #14.
The applicant is proposing to operate seven days a week between the hours of 9:00 am and 5:00 pm.
Outside of these proposed hours of operation, customers are allowed to return a truck or trailer and leave
the key in a drop box. There will be a general manager and one employee operating this location. With
the exception of signage, the applicant is proposing to make no physical changes to the site or exterior of
the building.
RODNEY PRICE
Agenda Item 13
Page 1
As shown on the included site plan exhibit, eight parking spaces are reserved for the trailers and trucks
for rent. These spaces are located behind the shopping center along the rear lot line, approximately 425
feet from the rental office and 755 feet from the public right-of-way.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Shopping Center / B-2 Business District
SURROUNDING LAND North: . Single-family homes / AG-2 Agriculture District
USE AND ZONING: South: 0 Storage / B-2 Business District
East: . Single-family homes / AG-1 Agriculture District
West: . Commercial / B-2 Business District
NATURAL RESOURCE AND The site is flat and mostly paved with interior landscaped islands.
CULTURAL FEATURES: There are no known significant cultural or natural features on this
site.
COMPREHENSIVE PLAN: The subject site is located in a"Major Commercial Center" of a"Suburban
Area" as defined by the City of Virginia Beach Comprehensive Plan, page 1-10.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access
to this site is General Booth Boulevard, which is a four-lane major suburban arterial, controlled access
roadway, with variable (120 feet to 160 feet) right-of-way width. General Booth Boulevard is designated
in the City's Master Transportation Plan as a six-lane, 150-ft right-of-way width arterial, and no roadway
CIP projects are currently planned for this roadway.
TRAFFIC: Street Name Present
Volume present Capacity Generated Traffic
General Booth 29,800 ADT 32,500 ADT (Level of Existing Land Use -
Boulevard Service "C") - 37,100 100 ADT
ADT' (Level of Service Proposed Land Use 3
"E" - 68 ADT
Average Daily Trips
Zas defined by 2000 square feet of a"Shopping Center"
3 as defined b 8 trucks/trailers for rent b a TrucklTrailer Rental business with 2 em lo ees
RODNEY PRICE
Agenda Item 13
Page 2
EVALUATION AND RECOMMENDATION
The applicant would like to operate a U-Haul truck and trailer rental office from a vacant 1000 square foot
suite of an existing shopping center on a site zoned B-2 Business District. In the B-2 zoning district, the
proposed use requires a Conditional Use Permit for Truck and Trailer Rentals.
The applicant is requesting to have eight trucks or trailers available to rent. Per the requirements of
Section 242.2 of the Zoning Ordinance, the trucks and trailers shall be parked behind Suites 1- 7 as
designated on the submitted site plan exhibit included in this report. With the exception of points of
ingress and egress, this designated area is completely screened from the public right-of-way and
adjacent uses by the existing vegetation and the shopping center.
Staff recommends approval of this request with the conditions below.
CONDITIONS
1. No onsite repairs or maintenance of any truck or trailer shall be permitted on this site.
2. The applicant may store a total of eight trucks or trailers for rent. Parking of the trucks and
trailers shall be limited to the rear of the building as called out on the submitted site plan exhibit.
3. No trucks or trailers for rent may be parked within any portion of a public right-of-way.
4. All signage related to this use must be in accordance with sign regulations outlined in the Zoning
Ordinance.
5. Any truck or trailer over 18 feet in length shall occupy two adjacent parking spaces which total
the minimum dimensions of 9' x 36'.
6. The after-hours drop-box shall be located in a well illuminated area.
RODNEY PRICE
Agenda Item 13
Page 3
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any sife plan submitted with this application may require revision
during detailed site p/an 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 strafegies as they pertain to this site.
RODNEY PRICE
Agenda Item 13
Page 4
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RODNEY PRICE
Agenda Item 13
Page 5
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RODNEY PRICE
Agenda Item 13
Page 6
ZONING FiISTORY
# DATE REQUEST ACTION
1 01/14/2004 Conditional Use Permit Vehicle Rental A roved
2 06/10/2003 Conditional Rezonin AG-1 & AG-2 to Conditional B-2 Ap roved
3 01/12/1999 Conditional Use Permit Automobile Repair A proved
4 08/13/1991 Rezonin 0-2 to B-2 A roved
5 08/13/1991 Rezonin AG-2 to B-2 A roved
6 09/08/1986 Rezonin 0-1 to B-2 A roved
7 08/20/1984 Rezonin AG-1 to R-8 A roved
8 08/09/1984 Rezonin AG-1 to B-2 A roved
9 04/09/1984 Rezonin AG-2 to B-2 A roved
???In? EFe *!
RODNEY PRICE
Agenda Item 13
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)
Re7ANF_Y 2viLT G1LX S-Jc / Tl;c(
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
5?eea, m*2T ? R.011)de. TRJ-c Qwuv-? 5pte?i ?,k?1 ns u.e , 7
-?
? Check here 'rf the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Comp/ete this secfron only if property owner is different from epplicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, compiete 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: (Atfach list if necessary)
1-f /4
F] Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organi2ation.
&` See next page for footnotes
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Does an official or M7 yee of the ' of Virginia Beach have an interest in the
subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? ?
Conditional Use Permit Application ?
Pan<QnftO r *1
4
DISCLOSURE STATEMENT
RODNEY PRICE
Agenda Item 13
Page 8
1-
O DISCLOSURE STATEMENT
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? 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 legai
services: (Attach list if necessary)
?
'"Parent-subsidiary reiationship" 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 affiiiated
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 oi the same offices or employees or othervvise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Locai 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 ot 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
undersign nts to entry upon the subject property by employees of the Department of
Plan g to photo ra and view the site for purposes of processing and evaluating this application.
2 aoHl'r?2 i c
Print Name
-- /'?2
than applicant) Print Name Vl- ?
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Condi(ional Use PermH AppliceUon
Page 10 of 10
Revised 1711/2013
f
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DISCLOSURE STATEMENT
RODNEY PRICE
Agenda Item 13
Page 9
Item #13
Rodney Price
Conditional Use Permit
1630 General Booth Boulevard
District 7
Princess Anne
April 9, 2014
CONSENT
An application of Rodney Price for a Conditional Use Permit (Truck and Trailer Rental) on
property located at 1630 General Booth Blvd., Suite 106, District 7, Princess Anne. GPIN:
24155410780000.
CONDITIONS
1. No onsite repairs or maintenance of any truck or trailer shall be permitted on this site.
2. The applicant may store a total of eight trucks or trailers for rent. Parking of the trucks and
trailers shall be limited to the rear of the building as called out on the submitted site plan
exhibit.
3. No trucks or trailers for rent may be parked within any portion of a public right-of-way.
4. All signage related to this use must be in accordance with sign regulations outlined in the
Zoning Ordinance.
5. Any truck or trailer over 18 feet in length shall occupy two adjacent parking spaces which
total the minimum dimensions of 9' x 36'.
6. The after-hours drop-box shall be located in a well illuminated area.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to
approve item 13.
AYE 9 NAY 0 ABS 0 ABSENT 2
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN ABSENT
OLIVER AYE
REDMOND AYE
Item #13
Rodney Price
Page 2
RIPLEY AYE
RUCINSKI ABSENT
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote of 9-0, the Commission approved item 13 by consent.
Eddie Bourdon appeared before the Commission on behalf of the applicant.
? SYIM BOURDON.
AEON 8c I.EVY. P.C
The Honorable Wfl1iam D. Sessoms, Jr.
Vice Mayor Louis R. Jones
Members of City Council
May 6, 2oi4
Page 2
With best regards, I am
V urs,
d Bourdon, Jr.
REBjr/arhm
W. Jack Whitney, Director, Departrnent of Planning
Stephen White, Department of Planning
B. Kay Wilson, Associate City Attorney
Matthew Stack, Koch Development Co.
Richard Maddox, Sea Escape Corp.
James T. Lang, Esquire
H:\AM\Conditional Use Permit\Kuch Development\Sessoms_Ltr 5-06-14.dce
SY10, $OiTRDON,
AIMIN & LLvY, P.C.
ATTORNEYS AND COUNSELORS AT LAW
PEMBROKE OFFICE PARK - BUILDINO ONE
261INDEPENOENCE BOULEVARD
FiFrM FLooR
VIRGINIA BEACH, VIROINIA 23462-2989
TELEPnONE: 757-498-8971
FnCStMiI.E: 757-456-5445 May 6, 2014
Via Email and Hand Deliveru
The Honorable William D. Sessoms, Jr.
Vice Mayor Louis R. Jones
Members of City Council
c/o Ruth Hodges Fraser, City Clerk
Office of the City Clerk
2401 Courthouse Drive
Suite 281
Virginia Beach, Virginia 23456
JON M. AHERN
R. EDWARD BOURDON, JR.
JAMES T. CROMWELL
L. S7EVEN EMMERT
AN(iELINA S. LEE
KIRK B. LEVY
MICHAEL J. LEW
HOWARD R. SYKE3, JR.
LEONARD C. TENOCO
•Aamm.d h vrpris ana vweNnpion oC
Re: Pending Applications for Special Fxception for Alternative Compliance to the Ocean
Front Resort Form Based Code Provisions and for a Conditional Use Permit for an
Outdoor Recreational Facility at 1701 Atlantic Avenue, Beach District for Roch
Development (Proposed SkyWheel); Currently scheduled for Public Hearing on May 27,
2014
Dear Mayor Sessoms, Vice Mayor Jones and Members of City Council:
On behalf of Koch Development Co., I am writing to advise that my client
hereby requests the above referenced applications be indefinitely deferred. As many
of you are likely aware, these applications were expedited in order to attempt to
accommodate a spring of 2015 opening for the Virginia Beach SkyWheel.
This deferral will mean that the proposed V'uginia Beach SkyWheel will not be
opening prior to the summer of 2oi6.
Additional time will be spent worlang through and addressing some of the
issues that were raised at the Planning Commission's public hearing. All interested
parties will be notified well in advance of our requesting this matter be placed back
on City Council's agenda for action.
We appreciate your favorable action on this request for an indefinite deferral
on May 27, 2014.
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CITY OF VIRGINIA BEACH
. AGENDA ITEM .
ITEM: KOCH DEVELOPMENT CO.
(Owner), Special Exception
Resort District Form-Based
Recreational Facility, 1701
BEACH DISTRICT
MEETING DATE: May 27, 2014
(Applicant) / SEA ESCAPE CORPORATION
for Alternative Compliance to the Oceanfront
Code & Conditional Use Permit for Outdoor
Atlantic Avenue (GPIN 2427179291, part of).
¦ Background:
The applicant's applications consist of the following: (1) Conditional Use Permit
for an Outdoor Recreation Facility (190-foot high SkyWheel) and (2) Special
Exception for Alternative Comptiance. Since the property is zoned Oceanfront
Resort (OR) District and is regulated by the Oceanfront Resort District Form-
Based Code (FBC), and the SkyWheel structure is an irregular form that does not
meet the prescribed criteria of any Building Type as defined by the FBC, a
Special Exception is needed to proceed with construction.
¦ Considerations:
By letter to the City Council and City Clerk, dated May 6, 2014, the applicant has
requested an indefinite deferral of these applications for the purpose of providing
adequate time for the applicant to work through and address issues raised at the
Planning Commission's hearing on April 9.
¦ Recommendations:
Allow the indefinite deferral as requested by the applicant.
¦ Attachments:
Letter from Applicant Requesting Deferral
Location Map
Recommended Action: Indefinite Deferral
Submitting Department/Agency: Planning Department
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City Manager: ?-. 21?v'.j
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CITY OF VIRGINIA BEACH
AGENDAITEM
ITEM: RONALD W. DODSON & GWENDOLYN L. DODSON (Applicant & Owner),
Conditional Change of Zoning (R-7.5 Residential to Conditional R-5D
Residential). 1652 & 1658 Kempsville Road (GPINs 1465143361 &
1465142290). CENTERVILLE DISTRICT.
MEETING DATE: May 27, 2014
¦ Background:
The applicant proposes to rezone this property from R-7.5 Residential District to
Conditional R-5D Duplex District. The 2.52-acre parcel consists of a single-family
dwelling as well as a garage and sheds. The property is impacted by a 50-foot
wide easement located parallel to the southern property line. This easement
makes the development of this property, as desired by the applicant, under the
existing zoning of R-7.5 somewhat difficult as all setbacks must be taken from
the easement line rather than the property line.
¦ Considerations:
Based on this constraint, and the fact that all of the area on the east side of
Kempsville Road in the vicinity of this site is zoned R-7.5, staff suggested to the
applicant that consideration could be given to a rezoning of the property to R-5D,
as that zoning district has less restrictive minimum setbacks and a smaller
minimum lot size; however, that consideration of the use of R-5D came with a
caveat from staff that the number of lots proffered with the rezoning be the same
number as what could be developed with the existing R-7.5 zoning, which is nine
lots. Instead of nine, the applicant has chosen to request ten lots.
A single cul-de-sac off of Kempsville Road is proposed with all 10 lots having
direct access on the new public right-of-way. Elevations of the homes are
proffered and indicate vinyl siding as the primarily exterior building material. The
higher quality details of brick and standing seam metal are only provided as
options at additional cost to the homeowner.
Further details pertaining to site layout and building design, as well as Staff's
evaluation of the request, are provided in the attached staff report.
There was no opposition to the request.
¦ Recommendations:
CENTERVILLE Ronald W. Dodson &
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CondiUOnal ZonM9 CAmDe Irom R7.5 ro R.SD
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April 9, 2014 Public Hearing
? APPLICANTS & PROPERTY
OWNERS:
RONALD W.
DODSON &
GWENDOLYN L.
DODSON
STAFF PLANNER: Carolyn A.K. Smith
REQUEST: Conditional Chanqe of Zoninq (R-7.5 Residential to R-5D Residential)
ADDRESS / DESCRIPTION: 1658 & 1652 Kempsville Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14651433610000 CENTERVILLE 2.52 acres Less than 65 d6 DNL
14651422900000
APPLICATION HISTORY: On December 10, 2013, the Planning Commission deferred this application at
the request of the applicant. On March 12, 2014, the item was deferred by the Planning Commission for the
purpose of allowing the applicant an opportunity to add a proffer regarding the design of the proposed
homes.
BACKGROUND / DETAILS OF PROPOSAL
The applicant proposes to rezone this property from R-7.5 Residential District to Conditional R-5D Duplex
District. The property is impacted by a 50-foot wide easement parallel to the southern property line. This
easement makes the development of this property, as desired by the applicant, under the existing zoning
of R-7.5 somewhat difficult as all setbacks must be taken from the easement line rather than the property
line. Based on this constraint, and the fact that all of the area on the east side of Kempsville Road in the
vicinity of this site is zoned R-7.5, staff suggested to the applicant that consideration could be given to a
rezoning of the property to R-5D, as that zoning district has less restrictive minimum setbacks and a
smaller minimum lot size; however, that consideration of the use of R-5D came with a caveat that the
number of lots proffered with the rezoning be the same number as what could be developed with the
existing R-7.5 zoning, which is nine lots. Instead of nine, the applicant has chosen to request ten lots.
RONALD W. DODSON & GWENDOLYN L. DODSON
Agenda Item D3
Page 1
The property within the easement is currently owned by the property owners, Ronald and Gwendolyn
Dodson. When the 2.52 acre site that is now owned by the Dodson's is conveyed to the future property
owner, the contract purchaser with whom Staff has been working, ownership and maintenance
responsibility of the easement will transfer. The developer proposes, in turn, to convey the ownership and
maintenance responsibility on to a property owners' association. Research revealed that the easement
entitles the property owner and their heirs' access to Kempsville Road. Today, this easement provides
pedestrian access for two properties that have mailboxes on Kempsville Road. One property is located
directly to the east of this site and the other is located approximately 700 feet to the east. Both of these
properties utilize the existing rights-of-way of Albright Drive and McGregory Street for vehicular
ingress/egress to Kempsville Road. The portion of the easement within the property under consideration
for the rezoning exists as a grassed strip that is mowed, allowing easy pedestrian access from the
dwellings to the mailboxes. The remainder of the easement exists in both gravel and pavement, where
vehicles pass for access to other residential properties.
A single cul-de-sac off of Kempsville Road is proposed with all 10 lots having direct access on the new
City street. Elevations of the homes are proffered and indicate vinyl siding as the primarily exterior
building material. The higher quality details of brick and standing seam metal are only provided as options
at additional cost to the homeowner. The proffers do indicate that each one-story home will have at least
1,800 square feet of enclosed living area, excluding garage space; each two-story home will have at least
2,000 square feet of enclosed living area, excluding garage space; and each dwelling is proposed with to
have at least a 400 square foot garage and two on-site parking spaces. A very large oak tree, measuring
60 inches in diameter, is proposed to be protected and preserved near the entrance to the development.
Several other larger trees, one as wide as 50 inches, are also slated for protection.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Two single family dwellings
SURROUNDING LAND North: . Single family dwellings / R-7.5 Residential District
USE AND ZONING: South: . Private drive - Lions Way
• Single family dwellings, Tallwood HS parking lot / R-7.5
Residential District
East: . Single family dwellings / R-7.5 Residential District
West: . Kempsville Road
• Single-family homes / R-10 Residential District
NATURAL RESOURCE AND The property is in the Chesapeake Bay watershed and contains several
CULTURAL FEATURES: large, mature trees.
COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in 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. 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. 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. This is accomplished by having all new development proposals either maintain or
enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site
and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other
RONALD W. DODSON & GWENDOLYN L. DODSON
Agenda Item D3
Page 2
residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Kempsville
Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The MTP
proposes a six-lane facility within a 150-foot right-of-way. Currently, this segment of roadway is functioning
over-capacity at a Level Of Service F.
No roadway CIP projects are slated for this section of Kempsville Road.
TRAFFIC:
Street Name Present
Volume
Present Capacity
Generated Traffic
Kempsville Road 32,806 ADT 14,800 ADT (Level of
Service "C") - 27,400 Existing Zoning z- 89 ADT
ADT' (Level of Service Proposed Land Use 3- 95
"E" ADT
Average Daily Trips
Zas defined by existing R-7.5 zoning
3 as defined b 10 sin le famil dwellin s
WATER: This site is currently connected to City water. The existing 5/8-inch meter may be used or upgraded
to accommodate the proposed development. There are two existing 20-inch City water mains along
Kempsville Road and an existing eight-inch City water main within the public school property south of the site.
SEWER: This site is currently connected to City sanitary sewer. Pump Station #455, the receiving pump
station for the site, has capacity issues and may require a system modification. An engineering analysis of the
pump station and the sanitary sewer collection system will be required during plan review to ensure future
flows can be accommodated. There is an existing eight-inch City sanitary sewer gravity main with the public
school property south of the site. There is an existing 24-inch HRSD force main along Kempsville Road.
SCHOOLS:
School Current Capacity Generation' Change 2
Enr
ollm nt
Centerville Elementary 714 660 3 2
Brandon Middle 1,237 1,328 2 2
Tallwood High 1,950 2,237 3 2
"generation" represents the number of students that the development will add to the school
2"change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number
can be positive additional students or ne ative fewer students .
RONALD W. DODSON & GWENDOLYN L. DODSON
Agenda Item D3
Page 3
EVALUATION AND RECOMMENDATION
The Special Area Development Guidelines, part of the Comprehensive Plan's Reference Handbook, includes
design recommendations for the Suburban Areas addressing site, building, and landscape design. Below is a
brief evaluation of the applicable Guidelines:
SITE DESIGN GUIDELINES:
Access and Circulation - The Guidelines recommend minimization of traffic conflicts and access points and
emphasize safety. Access is limited to just one new public street from Kempsville Road. Comments from
Traffic Engineering indicated that, as with all new developments, the proposed roadway's width, its connection
to a major roadway and the cul-de-sac radius must all meet Public Works' Standards.
Natural Features - As recommended in the Guidelines, the design of the site is respectful of a significant,
mature oak tree identified during site layout. The tree will add to a sense of place as well as serve as a
landmark for the new
Landscaping - The Guidelines recommend that during the design process new development should, within
reason, preserve and integrate into the overall design existing healthy trees and groundcover, especially in
high visibility areas of the site. As noted above, the significant oak tree will remain and other existing
vegetation along the northern property line is proposed to remain although the ultimate survival is suspect
barring significant protection during construction. Also, screening through the use of a solid fence as well as
plant material is proposed along Kempsville Road. A full landscape plan is proffered to be submitted prior to
final subdivision plan approval.
Stormwater Management as Landscape Amenities - The Guidelines recommend that stormwater
management facilities be integrated into the neighborhood design as open space, landscape and streetscape
amenities. Staff recommended relocation of the ponds adjacent to Kempsville Road to serve as a visual
amenity for not only the new residents but also to those travelling along the roadway. According to the
applicant, this suggestion was not possible due to location of existing infrastructure.
Signage - No freestanding sign is planned along Kempsville Road.
Setbacks and Building Location - The redesign of the site to preserve the mature oak tree has allowed a
greater setback from Kempsville Road than the minimum required by the Zoning Ordinance. As
recommended in the Guidelines, the addition of a buffer with screening (fence and plants) along Kempsville
Road ensures that the homes will not back up directly to a major roadway.
BUILDING DESIGN GUIDELINES:
Scale and Building Mass - The proposal entails the creation of single family lots, consistent with the
surrounding residential properties; however, full analysis of architectural proportion, scale, mass and height is
not possible as specific elevations were not submitted.
Color - The Guidelines recommend that color be used to accent the building, but not be a prominent
component of it. The proposed colors schemes are earth tones, reflective of those in nature, with hues of
brown, green, blue and tan.
Building Materials - The Guidelines recommend that long-lasting, attractive and high quality building
materials be used. The submitted exterior building materials for the homes reflect the use of vinyl siding as the
predominate material. Higher quality details of brick and standing seam metal are only provided as options at
additional cost to the homeowner.
RONALD W. DODSON & GWENDOLYN L. DODSON
Agenda Item D3
Page 4
While Staff finds that the proposal is generally consistent with the Comprehensive Plan's Development
Guidelines, other issues remain unsettled. Staff's unresolved concerns with the project are twofold: the density
and the transfer of the existing encumbrance. Under the R-7.5 zoning, this site could yield a maximum of nine
single family lots; however, due to the existence of the easement nine lots is not possible. The contract
purchaser was informed that favorable consideration could be given to a rezoning of the property to R-5D
(which has less restrictive setbacks and smaller lots sizes) but only if the number of lots permitted under the
existing zoning of R-7.5 was respected. Knowing this, the application to rezone the property was submitted but
with ten lots, not the recommended nine. By permitting a more intense density on this side of Kempsville
Road does not follow the existing pattern of zoning districts and is a clear example of spot zoning. This is
particularly evident when viewing the Zoning Map that clearly shows that all property on the east side of
Kempsville Road in the vicinity is consistently zoned R-7.5. Generally, spot zoning serves the private interest
of the current landowner. It is Staff's opinion that this proposal represents an arbitrary and inappropriate
density to meet the financial desires of the contract purchaser.
In addition, it is Staff's opinion, taking the existing encumbrance associated with the easement and placing the
burden of ownership and maintenance onto future homeowners is unreasonable. As McGregory Street and
Albright Lane provide vehicular access to Kempsville Road for the parcels that benefit from the easement, the
need for access to Kempsville Road via this easement is outdated and unnecessary. Staff recommends that
further work be done to eliminate the easement so that future homeowners will not be burdened.
Based on staff's evaluation of the request, as provided above, staff recommends denial of this reQUest.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers
in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When the Property is developed, it shall be as a residential subdivision of not more than ten (10) single family
homes, substantially in accordance with the "Conceptual Subdivision Plan of Gwen Meadows," dated
07/01/13, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning (the "Subdivision Plan").
PROFFER 2:
When the Property is developed, vehicular ingress and egress to the Property shall be from Kempsville Road
via the new entrance road as depicted on the Subdivision Plan.
PROFFER 3:
When the Property is developed, the single family homes shall have architectural features, appearance, and
building materials substantially in accordance with the "PROPOSED BUILDING ELEVATIONS, GWEN
MEADOWS," dated 07-01-2013, which have been exhibited to the Virginia Beach City Council and are on file
RONALD W. DODSON & GWENDOLYN L. DODSON
Agenda Item D3
Page 5
with the Virginia Beach Department of Planning (the "Renderings"). Each one-story dwelling shall contain a
minimum 1,800 square feet of enclosed living area, excluding garage; each two-story dwelling shall contain a
minimum of 2,000 square feet of enclosed living area, excluding garage; and each dwelling shall have at least
a 400 square foot garage and two (2) off-street parking spaces.
PROFFER 4:
When the Property is subdivided, all lots shall be made subject to a recorded set of Deed Restrictions
establishing a mandatory membership Property Owners' Association. The Deed Restrictions will contain an
enhanced 35' side yard setback requirement from Kempsville Road for Lot 1, as depicted on the Subdivision
Plan. Upon recordation of the approved subdivision plat, the Open Space area, the unbuildable area subject to
an ingress/egress easement (unimproved) and the Variable Width Landscape and Fence Maintenance
Easement on Lot 1 shall be deeded to the Property Owners' Association which shall be responsible for their
maintenance.
PROFFER 5:
When the Property is developed, the party of the first part shall prepare and submit for review and approval by
the Director of the Department of Planning, prior to the final subdivision approval, a landscape plan for the
landscaping and fencing along the Property's frontage on Kempsville Road.
PROFFER 5:
Further conditions may be required by the Grantee during Subdivision review and administration of applicable
City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements.
STAFF COMMENTS: The proffers listed above are acceptable with regard to the site's layout and proposed
buildings; however, the number of lots exceeds the recommendafion of Staff.
The City Attorney's Office has reviewed the proffer agreement dated July 30, 2013, and found it to be legally
sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicab/e City Ordinances and
Standards. Any site plan submitfed with this application may require revision during detailed site plan
review to meet all applicable Cify Codes and Sfandards. All applicab/e 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 Certiricate of
Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid.
The applicanf 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 fhis site.
RONALD W. DODSON & GWENDOLYN L. DODSON
Agenda Item D3
Page 6
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RONALD W. DODSON & GWENDOLYN L. DODSON
Agenda Item D3
Page 7
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RONALD W. DODSON & GWENDOLYN L. DODSON
Agenda Item D3 7
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PROPOSED BUILDING ELEVATION
RONALD W. DODSON & GWENDOLYN L. DODSON
Agenda Item D3
Page 9
PROPOSED BUILDING ELEVATION
RONALD W. DODSON & GWENDOLYN L. DODSON
Agenda Item D3
Page 10
PROPOSED BUILDING ELEVATION
RONALD W. DODSON & GWENDOLYN L. DODSON I
Agenda Item D3
Page 11 j
LVNINU F115 1 UKY
# DATE REQUEST ACTION
1 03/08/11 Conditional Use Permit communications tower Granted
2 10/29/02 Subdivision Variance Granted
RONALD W. DODSON & GWENDOLYN L. DODSON
Agenda Item D3
Page 12
APPLICANT DISCLOSURE
if the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, comple#e the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Ronald W. Dodson & Gwendolyn L. Dodson, husband and wife
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
K Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete thrs section only if property owner is differenf from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary' or affiliated business entity,
relationship with the applicant: (Attach llst if necessary)
? Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
&` See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes No X
If yes, what is the name of the official or employee and the nature of their interest?
1
?
?
?
?
1
1
/
?
DISCLOSURE STATEMENT
RONALD W. DODSON & GWENDOLYN L. DODSON
Agenda Item D3
Page 13
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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.
MSA, P.C.
Harry R. Purkey, Jr., Esquire
Bishard Development Corporation
'"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.
?
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p
z"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 entiry is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
?' . Ronald W. Dodson
a 's Signature Print Name
Gwendolyn L. Dodson
perty Owner's ignature (if different than applicant) Print Name
DISCLOSURE STATEMENT
RONALD W. DODSON & GWENDOLYN L. DODSON
Agenda Item D3
Page 14
Item #D3
Ronald W. Dodson & Gwendolyn L. Dodson
Conditional Change of Zoning
1652 & 1658 Kempsville Road
District 1
Centerville
April 9, 2014
REGULAR
An application of Ronald W. Dodson and Gwendolyn L. Dodson for a Conditional Change of
Zoning (R-7.5 Residential to R-5D Residential) on property located at 1658 & 1652 Kempsville
Road, District 1, Centerville. GPIN: 14651433610000; 14651422900000.
PROFFERS
PROFFER 1:
When the Property is developed, it shall be as a residential subdivision of not more than ten
(10) single family homes, substantially in accordance with the "Conceptual Subdivision Plan of
Gwen Meadows," dated 07/01/13, prepared by MSA, P.C., which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the
"Subdivision Plan").
PROFFER 2:
When the Property is developed, vehicular ingress and egress to the Property shall be from
Kempsville Road via the new entrance road as depicted on the Subdivision Plan.
PROFFER 3:
When the Property is developed, the single family homes shall have architectural features,
appearance, and building materials substantially in accordance with the "PROPOSED BUILDING
ELEVATIONS, GWEN MEADOWS," dated 07-01-2013, which have been exhibited to the Virginia
Beach City Council and are on file with the Virginia Beach Department of Planning (the
"Renderings"). Each one-story dwelling shall contain a minimum 1,800 square feet of enclosed
living area, excluding garage; each two-story dwelling shall contain a minimum of 2,000 square
feet of enclosed living area, excluding garage; and each dwelling shall have at least a 400 square
foot garage and two (2) off-street parking spaces.
PROFFER 4:
When the Property is subdivided, all lots shall be made subject to a recorded set of Deed
Restrictions establishing a mandatory membership Property Owners' Association. The Deed
Restrictions will contain an enhanced 35' side yard setback requirement from Kempsville Road
for Lot 1, as depicted on the Subdivision Plan. Upon recordation of the approved subdivision
plat, the Open Space area, the unbuildable area subject to an ingress/egress easement
Item #D3
Ronald W. Dodson & Gwendolyn L. Dodson
Page 2
(unimproved) and the Variable Width Landscape and Fence Maintenance Easement on Lot 1
shall be deeded to the Property Owners' Association which shall be responsible for their
maintenance.
PROFFER 5:
When the Property is developed, the party of the first part shall prepare and submit for review
and approval by the Director of the Department of Planning, prior to the final subdivision
approval, a landscape plan for the landscaping and fencing along the Property's frontage on
Kempsville Road.
PROFFER 5:
Further conditions may be required by the Grantee during Subdivision review and
administration of applicable City Codes by all cognizant City Agencies and departments to meet
all applicable City Code requirements.
A motion was made by Commissioner Thornton and seconded by Commissioner Hodgson to
approved Item D3.
AYE 9
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI
RUS50 AYE
THORNTON AYE
WEINER AYE
By a vote of 9-0, the Commission approved Item D3.
NAY 0 ABS 0 ABSENT 2
ABSENT
ABSENT
Eddie Bourdon appeared before the Commission on behalf of the applicant.
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-8833
TO: Mark D. Stiles
FROM: B. Kay WilsokO
DATE: May 15, 2014
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Ronald W. and Gwendolyn L. Dodson
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on May 27, 2014. I have reviewed the subject proffer agreement, dated July
30, 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.
B KW/ka
Enclosure
cc: Kathleen Hassen
RONALD W. DODSON and GWENDOLYN L. DODSON, husband and wife
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 30th day of July, 2013, by and between RONALD W.
DODSON and GWENDOLYN L. DODSON, husband and wife, Grantors; and THE CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantors are the owners of two (2) parcels of property located in the
Centerville District of the City of Virginia Beach, Virginia, containing approximately 2.52
acres, designated as Parcels One and Two in Exhibit "A" attached hereto and incorporated
herein by this reference. Parcels One and Two as described in Exhibit "A" are hereinafter
collectively referred to as the "Property"; and
WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map
of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change
the zoning classification of the property from R-7.5 Residential District to Conditional R-5D
Residential District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
GPIN: 1465-14-3361 (Parcel One)
1465-14-2290 (Parcel Two)
Prepared By & Return To:
R. Edward Bourdon, Jr., Esquire
Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
VSB #22i6o
1
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of
the Property and at the same time to recognize the effects of change, and the need for
various types of uses, certain reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to land similarly zoned are
needed to cope with the situation to which the Grantors' rezoning application gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map, in addition to the regulations provided for the R-5D Zoning District by the
existing overall Zoning Ordinance, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted as a part of said
amendment to the Zoning Map relative and applicable to the Property, which has a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, for themselves, their successors, personal
representatives, assigns, grantees, and other successors in title or interest, voluntarily and
without any requirement by or exaction from the Grantee or its governing body and without
any element of compulsion or -quid pro -quo for zoning, rezoning, site plan, building permit,
or subdivision approval, hereby make the following declaration of conditions and
restrictions which shall restrict and govern the physical development, operation, and use of
the Property and hereby covenant and agree that this declaration shall constitute covenants
running with the Property, which shall be binding upon the Property and upon all parties
and persons claiming under or through the Grantors, their successors, personal
representatives, assigns, grantees, and other successors in interest or title:
i. When the Property is developed, it shall be as a residential subdivision of not
more than ten (io) single family homes, substantially in accordance with the "Conceptual
Subdivision Plan of Gwen Meadows", dated 07/01/13, prepared by MSA, P.C., which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (the "Subdivision Plan").
2. When the Property is developed, vehicular ingress and egress to the Property
shall be from Kempsville Road via the new entrance road as depicted on the Subdivision
Plan.
3. When the Property is developed, the single family homes shall have
architectural features, appearance, and building materials substantially in accordance with
2
the "PROPOSED BUILDING ELEVATIONS, GWEN MEADOWS", dated 07-01-2013, which
have been exhibited to the Virginia Beach City Council and are on file with the Virginia
Beach Department of Planning (the "Renderings"). Each one-story dwelling shall contain a
minimum 180o square feet of enclosed living area, excluding garage; each two-story
dwelling shall contain a minimum of 2000 square feet of enclosed living area, excluding
garage; and each dwelling shall have at least a 400 square foot garage and two (2) off-street
parking spaces.
4. When the Property is subdivided, all lots shall be made subject to a recorded
set of Deed Restrictions establishing a mandatory membership Property Owner's
Association. The Deed Restrictions will contain an enhanced 35' side yard setback
requirement from Kempsville Road for Lot 1 as depicted on the Subdivision Plan. Upon
recordation of the approved subdivision plat, the Open Space area, the unbuildable area
subject to an ingress/egress easement (unimproved) and the Variable Width Landscape and
Fence Maintenance Easement on Lot i shall be deeded to the Property Owner's Association
which shall be responsible for their maintenance.
5. When the Property is developed, the party of the first part shall prepare and
submit for review and approval by the Director of the Department of Planning, prior to final
subdivision approval, a landscape plan for the landscaping and fencing along the Property's
frontage on Kempsville Road.
6. Further conditions may be required by the Grantee during Subdivision review
and administration of applicable City Codes by all cognizant City agencies and departments
to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part
of a comprehensive implementation of a new or substantially revised Zoning Ordinance
until specifically repealed. The conditions, however, may be repealed, amended, or varied
by written instrument recorded in the Clerk's Off'ice of the Circuit Court of the City of
Virginia Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by the
Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted
3
by the governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o, as
amended. Said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded, said instrument shall be void.
The Grantors covenant and agree that:
(i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office of
the Zoning Administrator and in the Planning Department, and they shall be recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in
the name of the Grantors and the Grantee.
4
WITNESS the following signatures and seals:
Grantors:
G'?' • (sEAL)
Ronald W. Dodson
(SEAI,)
,-„ 6wendolyn L odson
i
1
STATE OF VIRGIlvIA
CITY OF VIRGINIA BEACH, to-wit
?
The foregoing instrument was acknowledged before me this 31 day of July, 2013,
by Ronald W. Dodson and Gwendolyn L. Dodson, husband and wife, Grantors.
Notary Public
My Commission Expires: D g - 5 1 ?'--zo 1_-5?
Notary Registration Number: `7/ ?`r0 S.J?'7
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EXHIBIT "A"
PROPERTY DESCRIPTION
PARCEL ONE:
ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia
Beach, Virginia, and being known, numbered and designated as Lot A-i as shown on that
certain plat entitled "Resubdivision of Part of Parcel `A' (MB 51, PG 18), Lot 2A (MB 299, Pg
i) & Lot 213-1 (MB 304, Page 95) for Paige W. Ake & William D. Malpass" dated June 15,
2010, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, as Instrument Number 20110322000297200; to which reference is
hereby made for a more particular description.
Being a portion of the property conveyed to Ronald W. Dodson and Gwendolyn L. Dodson,
as tenants by the entirety with rights of survivorship as at common law, by Deed of
Distribution from Ronald W. Dodson and Gwendolyn L. Dodson, as Trustees, under a
certain joint revocable living trust established by Grantors on April 18, 2002, unrecorded
and identified as The Ronald W. and Gwendolyn L. Dodson Revocable Living Trust, dated
December 23, 2011, recorded January io, 2012, as Instrument Number
2012011000003068o in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia.
GPIN: 1465-14-3361
PARCEL TWO:
All that certain lot, piece or parcel of land, lying, situate and being in the City of Virginia
Beach, Virginia, and known, numbered and designated as Lot B-i, as shown on that certain
plat entitled "Subdivision of Parcel `B', Subdivision of Part of Property of Walter J. Meixel
and Shirley J. Meixel, Kempsville Borough, Virginia Beach, Virginia", which plat is recorded
in the Clerk's Off'ice of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book
845, at Page 49•
GPIN: 1465-14-2290
H:\AM\Conditional Rezoning\Dodson\Proffer.doc
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CITY OF VIRGINIA BEACH
L---??..AGE.NDA ITEM
ITEM: OCEANSIDE BUILDING (Applican
Ch t) / SHARON CAREY (Owner), Conditional
ange of Zoninq, R-15 Residential to Conditional R-10 R s'
Indian River Road (GPIN 1474439961), _ pRINCESS ANNE Dl?dential, 4157
MEETING DATE: May 27, 2014 STRICT
¦ Background:
The applicant proposes to rezone the existing property, zoned R-15 Residential,
nine to Conditional R-10 Residential in order to subdivide the site in
family lots. The property consists of 3.65 a
single-family dwelling and a large rear yardra?' and is currently t cc p ed? by a
pond. ea that includes a former farm
? Considerations:
The proffered concept plan depicts a single-loaded public ri ht- -
western property line, bordered with large cano g°f WaY along the
does warrant the need for a new left turn lane, the fin lasite trlan AS the project
requirement. p must depict this
With regard to design of the proposed dwellings, the proffered bui'lding
include the use of lap siding, stone, and brick. Architectural details elevations
enhance
the design include the use of standing seam metal awnin9s and porches that at a size
that each can be actively used.
Further details pertaining to site layout and building desi n
evaluation of the request, are provided in the attached staff re ? rt Well as Staff's
There was o p
pposition to the request.
? Recommendations:
The Planning Commission, by a recorded vote of 8-1, recom
this request to the City Council as proffered. mends a
pproval of
PROFFER 1:
The rezoning exhibit submitted by t e Grantor and the Applicant to the
Department of Planning with this Agreement and entitled "
4157 Indian River Road From R-15 to R-10" prepared eZOnin
Associates, Inc. and dated November 26, 201 g Exhibit For
reference and forms a part of this A reem 3 is incorporated he ein b t
9 ent and shall be substantially adhered
OCEANSIDE BUILDING
Page2of2
to in the development of the Property. Said rezoning exhibit has been
to the City Council and is on file with the Department of Planning. exhibited
PROFFER 2:
The exterior facades of the dwellings constructed on the Propertshal
materials or a combination thereof as are depicted on the renderings which have
been exhibited to the Virginia Beach City Coun y ? utilize the
Virginia Beach Department of Planning. cil and which are on file with the
PROFFER 3:
Further conditions may be required by the Grantee during detailed
and/or subdivision review and administration of applicable Cit site plan
cognizant City agencies and departments to meet all applicable?C ts by all
requirements. y Code
¦ Attachments:
Staff Report and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Plannin Com
recommends approval. 9 mission
Submitting DepartmenbAgency: Planning Department
City Manager: ?
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PRINCESS ANNE
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-ing Chanpe from R-15 fo R-
5
April 9, 2014 Public Hearing
APPLICANT:
OCEANSIDE
BUILDING
PROPERTY OWNER:
SHARON K.
CAREY TRUST
(S HARO N KAY
CAREY, TRUSTEE)
STAFF PLANNER: Stephen J. White
REQUEST: Conditional Chanpe of Zoninq (R-15 Residential to Conditional R-10 Residential)
ADDRESS / DESCRIPTION: 4157 Indian River Road
GPIN: ELECTION DISTRICT: SITE SIZE:
14744399610000 PRINCESS ANNE AICUZ:
3.65 acres ' Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant proposes to rezone the existing property, zoned R-15 Residential, to Conditional R-10
Residential in order to subdivide the site into nine single-family lots. The proffered concept plan depicts a
single-loaded public right-of-way along the western property line, bordered with large canopy shade trees.
As the project does warrant the need for a new left turn lane, the final site plan must depict this
requirement.
A twelve-foot wide landscape easement, identified with Category IV screening, is depicted along the
Indian River Road frontage. A 5.5-foot high wrought-iron style fence with brick columns is also proposed
within the landscape easement. This exceeds the four-foot maximum height permitted within the setback
adjacent to a public right-of-way; however, this deviation can be authorized by City Council through the
rezoning process, as provided by Section 107(i) of Zoning Ordinance. The proffered sign detail indicates
a brick sign, approximately six feet high at the tallest point, designed to complement the brick columns of
the decorative fence.
The stormwater management strategy for the subdivision includes a pond located in the rear of lots 5 and
6, with a maintenance access way indicated between lots 6 and 7. The stormwater facility is required to
have a minimum setback of 25 feet from any property line; so, a slight reconfiguration of the pond is
OCEANSIDE BUILDING
Agenda Item 5
Page 1
anticipated during the final site plan review. According to the applicanYs engineer, the topography of the
site necessitates that the pond be located on this portion of the site.
Based on the requirements of the Subdivision Ordinance, this development requires a minimum of 61376
square feet set aside as usable open space. As no property meeting this requirement is depicted on the
concept plan, in lieu of providing open space, payment into the open space fund is an option the applicant
will pursue.
With regard to design of the proposed dwellings, the proffered building elevations include the use of la
siding, stone, and brick. Architectural details that enhance the design include the use of standing seam
metal awnings and porches sized to be actively used. p
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Single-family house
SURROUNDING LAND North: .
USE AND ZONING: Indian River Road
• Single-family dwellings / R-15 Residential District (Open
Space Promotion)
South: . Wetlands, floodplain, Single-family dwellings / R-15
Residential District
East: . Single-family dwellings / R-15 Residential District
West: . Large lot single-family dwellings / R-15 Residential District
NATURAL RESOURCE AND The property is within the Southern Watersheds Mana9ement Area.
CULTURAL FEATURES: 100-year floodplain is located immediately to the south and we
the property. There do not appear to be any significant st of
environmental or cultural features on this site.
COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being 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
reinforcing the suburban characteristics of commercial centers and other non-residential areas that
comprise part of the Suburban Area. Achieving these goals requires that all land use activities 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 AFI segment of Indian River Road is a two-lane undiv ded mLnorsRbu?r aM art
eraROGRAMMP pfOposes a four-
lane facility within a 145-foot right-of-way,
OCEANSIpE BUILDING
Agenda Item 5
Page 2
A Roadway CIP Project is programmed for this area. Indian River Road - Phase VII (CIP 2-256.000) will
construct a four-lane divided arterial highway from Lynnhaven Parkway to Elbow Road Extended within a
variable width right-of-way of 110 feet to 147 feet. It will include a multi-use path on both sides of the road
and landscaped buffers. The current schedule indicates a start date of 2025. This development may be
impacted by the CIP Project, as it lies on the project limits.
TRAFFIC:
Street Name Present
Volume Present Capacity Generated Traffic
Indian River Road 6,769 ADT 13,600 ADT (Level of Existing Zoning - 83
Service "C") - 16,200 ADT
ADT' (Level of Service Proposed Zoning and
"E" Z Land Use 3- 86 ADT
Average Daily Trips
3 as defined by 3.5 acres of R-15
as defined b 9 sin le-famil homes in R-10
Comments from Traffic En ineerin
• The current Indian River Road pavement markings will need to be restriped to provide a break in
the `median' pavement markings and to provide a short 50' storage / 50' taper left-turn lane into
the new subdivision public roadway. This will eliminate a left-turn conflict with the median
pavement markings and a conflict with the eastbound left-turn lane taper. Traffic Engineering is
aware that the taper for the eastbound left-turn lane will need to be decreased in order to meet
this requirement, and the two left-turn lanes will end up being back-to-back.
• A one-foot wide 'No Ingress/Egress EasemenY will be required along the Indian River Road
frontage of Lot 1.
• A minor right-of-way dedication will be required on Lot 1 in order to round the property lines at the
intersection of Indian River Road and the proposed new roadway.
WATER: This subdivision must connect to City water. There is an existing 10-inch City water main alon
Indian River Road. The existing 5/8" water meter and water service line must be removed per Public g
Utility Standards.
SEWER: This subdivision must connect to City sanitary sewer. There is an existing 8-inch City sanitary
sewer gravity main in Indian River Road. The existing sanitary sewer cleanoutPumpandStationlateral must be
removed per Public Utility Standards. An engineering hydraulic analysis of #574 and the
sanitary sewer collection system is required to ensure future flows can be accommodated.
' School Current
New Castle Enrollment Capacity Generation' Change Z
Elementary 771
Landstown Middle 853 3 0
1,516 1,628
Landstown High 2,195 2,33 p
"generation" represents the number of students that the develop ent w21 add to the school 2 2 O
2"change" represents the difference between generated students under the existing zoning and under the proposed zoning. The
number can be positive additional students or ne ative fewer students).
OCEANSIDE BUILDING
Agenda Item 5
Page 3
EVALUATION AND RECOMMENDATION
The applicant proposes to rezone the existing property, zoned R-15 Residential, to Conditional R-10
Residential in order to subdivide the site into nine single-family lots. In general, the site and building
design are consistent with the recommendations of the Comprehensive Plan. The use of R-10 zoning and
the corresponding minimum lot size of 10,000 SF is consistent with lot sizes to the northeast in Hillcrest
Farms as well as the most recently approved Conditional Change of Zoning to R-10 for the Indian River
Meadows subdivision located approximately 800 feet to the southeast. The Hillcrest Meadows
subdivision, located immediately to the south of the subject site, is the only R-15 zoned subdivision
between Elbow Road and the Indian River Farms neighborhood (ap
southeast) developed with Iots that are a minimum of 15,000 SF.AII of the other subdivisionshwere
developed with smaller lots under the former Open Space Promotion regulations or through a Change of
Zoning to R-10.
The most significant issue relevant to the applicanYs request is the lack of a designated location for a
connection to the parcel to the northwest, which, at some point in the future, is likely to develop as a
single-family subdivision. The fact, however, that the roadway for the applicanYs proposed subdivision is
parallel to and adjacent to the northwestern property line does provide the ability for a connection to the
adjacent property with minimal impact to the community that will be established by the applicanYs plan.
Based on staff's evaluation of the plan and the proffers submitted with this application, staff recommends
approval of this reQUest as profferPd
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 rezoning exhibit submitted by the Grantor and the Applicant to the Department of Planning with this
Agreement and entitled "Rezoning Exhibit For 4157 Indian River Road From R-15 to R-10" prepared b
Site Improvement Associates, Inc. and dated November 26, 2013 is incorporated herein by reference and
forms a part of this Agreement and shall be substantially adhered to in the development of the Property.
Said rezoning exhibit has been exhibited to the City Council and is on file with the Department of
Planning. y
PROFFER 2:
The exterior facades of the dwellings constructed on the Property shall utilize the materials or a
combination thereof as are depicted on the renderings which have been exhibited to the Virginia Beach
City Council and which are on file with the Virginia Beach Department of Planning,
OCEANSIDE BUILDING
Agenda Item 5
Page 4
PROFFER 3:
Further conditions may be required by the Grantee during detailed site plan and/or subdivision review and
administration of applicable City Codes by all cognizant City agencies and departments to meet all
applicable City Code requirements.
STAFF COMMENTS; The proffers listed above are acceptable as they ensure the site and the buildings
will be deve%ped as described and shown in this report, and thus, provide consistency with the
Comprehensive P/an s recommendations and policies for the Suburban Area.
The City Attorney's Office has reviewed the Conditional Zoning Agreement dated December 2, 2013, and
found it to be legally sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of app/icable City
Ordinances and Standards. Any site p/an submitted with this app/ication may require revision
during detailed site plan review to meet all app/icable City Codes and Standards. All app/icab/e
permits required by the City Code, including those administered by the Deparfinent of Planning /
Deve%pment Services Center and Department of Planning / permits and lnspections Division, and
the issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use
Permit or Change of Zoning are valid.
The app/icant 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.
OCEANSIDE BUILDING
Agenda Item 5
Page 5
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OCEANSIDE BUILDING
Agenda Item 5
Page 6
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PROPOSED SITE PLAN
[PROFFER 1]
OCEANSIDE BUILDING
Agenda Item 5
Page 7
5 BEDROOM (6 OPTION.
3'/z BA
3,222 EST. SQ
PROPOSED BUILDING ELEVATION (AND
CONCEPT FLOOR PLAN) [PROFFER 2]
OCEANSIDE BUILDING
Agenda Item 5
Page 8
4 BEDROOM (5 OPTIONAL)
2'/z BATH
2>540 EST. SQFT.
PROPOSED BUILDING ELEVATION (AND
CONCEPT FLOOR PLAN) [PROFFER 21
OCEANSIDE BUILDING
Agenda Item 5
Page 9
4 BEDRc
PROPOSED BUILDING ELEVATION (AND
CONCEPT FLOOR PLAN) [PROFFER 2]
rv?,s --
OCEANSIDE BUILDING
Agenda Item 5
Page 10
PROPOSED BUILDING ELEVATION (AND
CONCEPT FLOOR PLAN) [PROFFER 21
OCEANSIDE BUILDING
Agenda Item 5
Page 11
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PROPOSED BUILDING ELEVATION (AND
CONCEPT FLOOR PLAN) [PROFFER 21
OCEANSIDE BUILDING
Agenda Item 5
Page 12
? 5 BEDROOM (6 OPTIUNAL)
4 BATH
3,030 F.ST. SQFT.
PROPOSED BUILDING ELEVATION (AND
CONCEPT FLOOR PLAN) [PROFFER 2]
OCEANSIDE BUILDING
Agenda Item 5
Page 13
-fI-,?. ? aNa?e- E It ?(?D UV,& z rh n&,
ZONING HISTORY
# DATE REQUEST ACTION
1 06/12/08
12/08/98 Modification of Conditions (church)
Conditional Use Permit church & da care Granted
Granted
2 05/27/08 Rezonin R-15 to Conditional R-10 Granted
3 12/12/08 Conditional Use Permit Open S ace Promotion Granted
OCEANSIDE BUILDING
Agenda Item 5
Page 14
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)
Oceanside Building LLC
Bill Terry Bill DeSteph
2. List aA businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Atfach list if necessary)
Ocean Properties LLC
Oceanside Building LLC
F]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 lisf if necessary)
Sharon Kay Carey
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Ocean Properfies LLC
F]Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& See next page for footnotes
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Does an official or em loyee 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? 09
Bill DeSteph City Councilman ?
DISCLOSURE STATEMENT
OCEANSIDE BUILDING
Agenda Item 5
Page 15
IE DISCLOSURE STATEMENT
ADDlTIONAL 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)
Wolf Environmental
McCallum Testing
Orion & Associates
Harry Purkey
'"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.
Z"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 othe?wise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to :photograph and view the site for purpos f pro sing and evaluating this application.
? AdnhtZ?NApplicant's Signature ame
? ?L1c?iro ?? ? re.
Property Owner's Signature (if diffe t than applicant) Print Name
DISCLOSURE STATEMENT
OCEANSIDE BUILDING
Agenda Item 5
Page 16
Item #5
Oceanside Building
Conditional Change of Zoning
R-15 to Conditional R-10
4157 Indian River Road
District 7
Princess Anne
April 9, 2014
REGULAR
David Redmond: We will now proceed with the regular agenda. We'll tell you what we'll give
folks a minute to exit, the room and then we'll proceed. Good luck all of them. Alright, we will
now proceed with the remaining items on our agenda. Our Secretary, Mr. Thornton, will call
those items in just a minute, but before we do, however, I would like to review a couple of
items with regards to the rules. If you would like to speak, we have a busy afternoon for sure,
and if you would like to speak, please fill out a card with Mr. Weeden in order to do so. That is
how one would speak. Please, we do not accept or count any kind of comments from the
audience, any outbursts, or any disagreements. If you have something to say, you are more
than welcome to say it and you will have your turn, but please fill out a card with Mr. Weeden,
and you can do so. Each applicant or representative of an applicant has the right to speak for
ten minutes. Folks to speak in favor and against those speakers are entitled to three minutes. If
you represent an organization such as a civic league, you may also have ten minutes. And the
applicant or applicant's representative will then have then have rebuttal at the end. And with
that, and we would appreciate every one sticking to those time limits. We do enforce time
limits fairly strictly here. It is simply unfair to the other speakers if folks go on and on without
that regard to the limits. Mr. Thornton.
Bob Thornton: The first item on the agenda today is an applicant from Oceanside Building. The
owner is Sharon Carey Trust. This is a request to a Conditional Change of Zoning from R-15 to R-
10, at 4157 Indian River Road. They propose to rezone R-15 to R-10. We have one speaker, Mr.
Terry, in support and then, we have one speaker in opposition Mr. Chairman.
Ed Weeden: Mr. Thornton, what's the item number?
Bob Thornton: Say again?
Ed Weeden: What's the item number?
Bob Thornton: Number five.
Bill Terry: Good evening ladies and gentleman.
Item #5
Oceanside Building
Page 2
Bob Thornton: Welcome.
Bill Terry: Thank you. I agree with all the recommendations from the staff. I didn't know there
was any opposition; so....
David Redmond: Would you state your name for the record?
Bill Terry: Bill Terry. I'm with Oceanside Building.
David Redmond: Would you like to tell us something about the application for the folks
watching at home?
Bill Terry: Sure.
David Redmond: Thank you.
Bill Terry: I'm taking approximately 4 acres and changing it from R-15 to R-10 to get nine lots,
single-family lots. We meet all the setbacks and all the criteria for the zoning. The staff is
recommending approval.
David Redmond: Okay. Thank you.
Bill Terry: Thank you.
David Redmond: Why don't you hang close. After the other speaker, you will have an
opportunity for rebuttal.
Bill Terry: Okay. Thank you.
David Redmond: Great. Thank you.
Bob Thornton: We have one speaker in opposition. Alex Fernandez.
Alex Fernandez: Good afternoon. My name is Alex Fernandez. 1'm in opposition of the
proposed project. The reason for opposition is to control the density of the actual development
in the property. I'm representing a few neighbors that live adjacent to the property of the
zoning change. A lot of those people are the ones who live on the actual property line, and we
have a natural easement there for drainage, and we currently have a lot of issues as far as
flooding in that backyard along with a pond that's built back there where a lot of the drainage
goes. Their proposed development was to fill in that pond and we're not sure if that is going to
have any reverse effect on our property lines and cause more flooding issues. Along with that
too, is the wildlife in the area. There are weasels, different flight paths for birds. And that last
Item #5
Oceanside Building
Page 3
thing is as far as for safety too. There are currently two main entrances that go onto Indian
River Road. If we're going to add a third one through there, a lot of traffic goes through there
right now is extremely high, and we haven't seen any plan as far as expanding that road. So,
adding nine more houses to that will probably have a bigger impact in the traffic pattern in the
area as well. So that is about it.
David Redmond: Okay. Thank you.
Alex Fernandez: Thank you.
David Redmond: Don't walk away. Does anyone have any questions?
Donald Horsley: Can you show us where you live? There is a pointer right there on the podium.
Alex Fernandez: This right here? I am right here. I have a neighbor here. She is located right
there. Then we have another neighbor, her property is right through here. She is located right
here as well.
David Redmond: Mr. Ripley?
Ron Ripley: We've been advised by staff that the property by-right can build 7, so the applicant
is asking for 2 additional units. You've mentioned that you didn't want to see 9 units built?
Alex Fernandez: No.
Ron Ripley: You're saying you don't want to see the extra two. Is that what you are saying? He
owns the land by right because by right he could put seven.
Alex Fernandez: We would rather see 7 than 9 as per density.
Ron Ripley: Just trying to understand.
David Redmond: Questions. Are there any other questions? Okay, thank you sir.
Alex Fernandez: Thank you.
David Redmond: We appreciate it. Mr. Terry? Would you care to make a rebuttal sir?
Bill Terry: I don't think changing the density is going to affect the drainage one way or the
other on the property. We've made provisions for BMPs on each lot for drainage. I was not
aware there was a drainage problem for the community. The pond that is in there would need
ttem #5
Oceanside Building
Page 4
to be filled in for safety reasons. You wouldn't want children getting in there. The stripping is
going to be changed on the road to allow for access into the community. That is all that I have.
David Redmond: Okay. Does anybody have any questions for Mr. Terry? No? Mr. Weiner?
Dave Weiner: Isn't there another retention pond going to be put in behind the other two tots 4,
5&6?
Bill Terry: Yes. But it won't be like the pond that is there right now.
Dave Weiner: Okay.
David Redmond: Just as a suggestion, you might get together with that gentleman, and have a
meeting of the minds, which can sometimes help alleviate some of those concerns. It appears
that you were unaware of his objection.
Bill Terry: There was one other person who was objecting. So I talked to him, and basically, he
wanted me to add some shrubs behind his house, and I agreed to do that.
David Redmond: Okay, Great, thank you. Okay. With that we will close the public hearing and
open it up for discussion. Mr. Horsley?
Don Horsley: So far as the drainage issue, the way I understand it Mr. Macali, and correct me if
I'm wrong. No one can develop a piece of property and adversely affect the drainage on the
neighbors. Isn't that correct?
Bill Macali: That's the thrust of the Stormwater Management Ordinance.
Don Horsley: So, the drainage from the developing of this property is not supposed to
adversely affect the drainage on the neighbors. So, I'm sure that Mr. Terry is well aware of
that. And the other thing that I would like to mention is that if we develop this piece of
property in the R-15 like it is zoned now, the developer doesn't have to show us any renderings
or anything. He can go down and develop it by-right. At least now we get to see what type of
homes are going to be put there, if we allow this change in zoning. We get to see what type of
homes are being put there, and I think, it will be a better development by doing this even
though we get two additional lots on the parcel, the lot size is pretty consistent with the lots in
the area even though some of them, like across the street are zoned R-15, but it is Open Space,
Promotion and the lots are pretty well the same size as what these lots will be. So, I don't think
it is going to adversely affect the neighborhood that way. It's either we develop it like it is
zoned now and the developer can go in there and do as he sees fit. Of course, he has to abide
by City regulations, but we don't get to see exactly what he is doing or we get to see the exact
plan of development like we do today. I tend to believe that it is better to see what you are
going to get before you get it, than to wait and think what you are going to get and get
Item #5
Oceanside Building
Page 5
something different later. So, I'm in the notion of supporting this application. I'll hear what
other Commissioners have to say.
David Redmond: Thank you Mr. Horsley. Is there anybody else? Mr. Brockwell.
Ross Brockwell: Yeah, I'll say in general I agree with Mr. Horsley. I think this is a very high
quality application. It looks like the final product would be nice. But it is a tough call for me,
and I think this is a good example of what is tough for this Commission. I think the question
what looks like a good quality to what someone would be able to develop by-right, but there
has been some discussion about what the market would dictate as far as quality, and what
should and could be there. So, for me, it's a tough call, but I think I don't see a compelling
reason to change the density, and hearing the resident state that they are fully aware what
could be there by-right but they would prefer it to remain the same. It's a difficult decision for
me, but that is the way I lean.
David Redmond: Okay, thank you. Is there anybody else? Mr. Ripley.
Ron Ripley: I tend to agree with the notion that Don put forth, and I don't think adding the
additional two units is going to typically tip any scale down. There's really not that many of
these pieces left. If you look at the aerial photographs, this whole little stretch is
environmentally constrained going either way beyond the road because of the low land, if you
consider the wetlands. And I think these little lots become very difficult to develop, and the
extra two lots, I don't think is going to make that much difference in the overall scheme of it.
And I think the patterns in density are very similar to what was developed across the street, and
pretty close is adjacent to this particular property. I tend to support the application as well.
David Redmond: Okay, thank you. Mr. Horsley.
Don Horsley: I make a motion that we approve the application.
Ron Ripley: Second.
David Redmond: A motion on the floor made by Commissioner pon Horsley and seconded by
Commissioner Ripley to approve agenda item 5.
Ed Weeden: The vote is open.
AYE 8 NAY 1 ABS 0 ABSENT 2
BROCKWELL NAY
HODGSON AYE
HORSLEY AYE
INMAN ABSENT
Item #5
Oceanside Building
Page 6
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI ABSENT
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote of 8-1, the application of Oceanside Building has been approved.
David Redmond: Okay, thank you.
BEA
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9Rrs OFOUR NPt\ONS e?0
In Reply Refer To Our File No. DF-8904
TO: Mark D. Stiles
FROM: B. KaY Wilson4\
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
DATE: May 15, 2014
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Oceanside Building
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on May 27, 2014. I have reviewed the subject proffer agreement, dated
December 2, 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
AGREEMENT
THIS AGREEMENT made this 2"d day of December, 2013, by and between SHARON
K. CAREY TRUST, by SHARON KAY CAREY, TRUSTEE ("Grantor") (the "Applicant") and
OCEANSIDE BUILDING, LLC, a Virginia limited liability company ("Applicant"), all
Grantors for purposes of indexing and the CITY OF VIRGINIA BEACH, a Municipal
corporation of the Commonwealth of Virginia, hereinafter called "Grantee", Grantee for
purposes of indexing.
RECITALS:
R-1. Grantor is the record fee simple owner of the property located in the Kempsville
District, City of Virginia Beach and described Exhibit A attached hereto (the "Property").
R-2. The Applicant initiated a conditional amendment to the zoning map of the City of
Virginia Beach, Virginia, by petition of the Applicant addressed to the Grantee, so as to change
the zoning classification of the Property from R-15 Residential to Conditional R-10 Residential
District. The proposed amendment is made pursuant to the terms of the zoning ordinance of the
City of Virginia Beach, Virginia, adopted April 18, 1988, as amended and as in effect as of the
date of this Agreement (the "Zoning Ordinance").
R-3. The Grantee's policy is to provide only for the orderly development of land, for
various purposes, including residential purposes, through zoning and other land development
legislation.
R-4. The Grantor and the Applicant acknowledge that competing and sometimes
incompatible uses conflict and that in order to permit different uses on and in the area of the
Property and at the same time to recognize the effect of the changes, and the need for various
types of uses, including those listed above, certain reasonable conditions governing the use of the
Property for the protection of the community that are not generally applicable to land similarly
zoned R-10 are needed to cope with the situation which the Applicant's rezoning application
gives rise to.
R-5. The Grantor and the Applicant have voluntarily offered, in writing, in advance of
and prior to the public hearing before the Grantee, as part of the proposed amendment to the
zoning map with respect to the Property, in addition to the regulations provided for in the
existing R-10 zoning district by the Zoning Ordinance, the following reasonable conditions
related to the physical development, operation and use of the Property to be adopted as part of
said amendment to the zoning map relative and applicable to the Property, which have a
reasonable relation to the rezoning and the need for which it is generated by the rezoning.
Prepared by Harry R. Purkey, Jr., P.C.
303 34th Street, Suite 5
Virginia Beach, VA 23451
GPIN: 1474-43-9961-0000
R-6. The conditions outlined in this Agreement have been proffered by the Grantor and
the Applicant and allowed and accepted by the Grantee as part of the amendment to the Zoning
Ordinance and the zoning map. These conditions shall continue in full force and effect until
subsequent amendment changes the zoning of the Property; 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 of the
Grantee, unless, notwithstanding the foregoing, the conditions are amended or varied by written
instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia and executed by the record owner of the Property at the time of recordation of such
instruments; provided further that said instrument is consented to by the Grantee in writing as
evidenced by a certified copy of the ordinance or resolution adopted by the governing body of
the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the
Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of such consent.
WITNESSETK
NOW, THEREFORE, the Grantor and the Applicant, for themselves, their successors,
personal representatives, assigns, grantees and other successors in title and interest, voluntarily
without requirement by or exaction from the Grantee or its governing body and without any
element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit or
subdivision approval, hereby make the following declaration of conditions and restrictions which
shall restrict and govern the physical development, operation and use of the Property and hereby
covenant and agree that this declaration shall constitute covenants running with the Property,
which shall be binding upon the Property and upon all parties and persons claiming under or
through the Grantors, their successors, personal representatives, assigns, gantees and other
successors in interest or title.
l. The rezoning exhibit submitted by the Grantor and the Applicant to the
Department of Planning with this Agreement and entitled "Rezoning Exhibit For 4157 Indian
River Road From R-15 to R-10" prepared by Site Improvement Associates, Inc. and dated
November 26, 2013 is incorporated herein by reference and forms a part of this Agreement and
shall be substantially adhered to in the development of the Property. Said rezoning exhibit has
been exhibited to the City Council and is on file in the Department of Planning.
2. The exterior facades of the dwellings constructed on the Property shall utilize the
materials or a combination thereof as are depicted on the renderings which have been exhibited
to the Virginia Beach City Council and which are on file with the Virginia Beach Department of
Planning.
3. Further conditions may be required by the Grantee during detailed site plan and/or
subdivision review and administration of applicable City Codes by all cognizant City agencies
and departments to meet all applicable City Code requirements.
4. The Grantor and the Applicant covenant and agee that:
2
a. The Zoning Administration of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including
the authority (i) to order in writing that any non-compliance with such conditions be remedied
and (ii) to bring legal action or suit to insure compliance with such conditions including
mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or
proceedings.
b. Failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be appropriate.
c. If aggrieved by any decision of the Zoning Administrator made pursuant
to the provisions of the City Code, the Zoning Ordinance, or this Agreement, the Grantor shall
petition the governing body of Grantee for the review of such decision prior to instituting
proceedings in court.
d. The Zoning Map shall 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 readily available and accessible for public inspection in the office of
the Zoning Administrator and in the Planning Department and that they shall be recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the
name of the Grantor and Grantee.
WITNESS the following signatures and seals:
(SEAL)
Sharon Kay Carey, rustee ?
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit;
I, V`2A y? 06k-?a Notary Public in and for the City and State aforesaid, do
hereby certify that Sharon Kay Carey, Trustee, has acknowledged the same before me in my City
and State.
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GIVEN under my hand this?3 ?'A day of 2013 5 W rKOF,? •,??
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STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit;
I, Cc_? ?, a Notary Public in and for the City and State aforesaid,
do hereby certify that William E. Terry, Manager of Oceanside Building, LLC, a Virginia limited
liability company, has acknowledged the same before me in my City and State.
GIVEN under my hand this ?A day of 2013.
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EXHIBIT "A"
ALL T? IAT certain tract, piece or parcel of land, lying, situate and being in the
Kempsville Borough of the City of Virginia Beach, Virginia, containing 3.661
Acres and labeled "Site A" on a certain plat entitled "Subdivision of 11.8 Acre
Site, property of Robert Lee & Margaret Williams Carey, Kempsville Borough,
Virginia Beach, Virginia, for John Carey", made by Wilfred P. Large, dated
January 3, 1976, and duly recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, in Map Book 117, Page 46.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: MICHAEL D. SIFEN, INC. (Applicant) / KIM GORDON HICKMAN, HICKMAN
PLANTATION SHOPPES, LLC, DOUGLAS C. HICKMAN & GLORIA J.
BOND HICKMAN, MARY HUNTER HICKMAN (Owners), Conditional Change
of Zoning, R-20 Residential to Conditional B-2 Community Business, 2176,
2180, 2208 General Booth Boulevard (Northeast corner of intersection of
Nimmo Pkwy & General Booth Blvd) (GPINs 2414144511; 2414173206;
2414172167; 2414170309; 2414077143). PRINCESS ANNE DISTRICT
MEETING DATE: May 27, 2014
¦ Background:
The subject site consists of five parcels, each having different ownership;
however, the owners are all members of the same family and have `combined'
their parcels to provide an opportunity for development of the site. The applicant
has contracted with the family to develop the site with a shopping center. The
current zoning of the site, R-20 Residential District, must be changed to develop
the site as a shopping center. Accordingly, the applicant is requesting a Change
of Zoning to Conditional B-2 Community Business.
¦ Considerations:
The applicant proposes development of the site with a 93,351 square foot
shopping center and a 1.442-acre outparcel. The proposed site layout consists of
a 501-space parking area located at the interior of the site. The proposed shops
encircle the parking area, being located adjacent to and parallel to Nimmo
Parkway and General Booth Boulevard. The two-and-one-half-story brick house
constructed in 1832, known commonly as the Hickman House and historically as
Brown's Tavern, is being moved and renovated as part of the development.
The relocation of the structure is positive in that the applicant and the family wish
to adaptively reuse the structure on the site rather than demolish it. The adaptive
reuse of the house not only preserves it but also ensures the house will be
structurally enhanced, thus extending its presence for more years than may have
realistically been the case. The applicant has agreed as well to provide `site
context' to the house by providing lawn area and landscaping in the front of the
structure to lessen or eliminate to the greatest extent possible the potential for
the structure to be seen as a historic house placed in the middle of a parking lot.
Further details pertaining to particulars of the site layout and building design, as
well as Staff's evaluation of the request, are provided in the attached staff report.
MICHAEL D. SIFEN
Page 2 of 3
There was opposition to the request.
¦ Recommendations:
The Planning Commission, by a recorded vote of 9-0, recommends approval of
this request to the City Council as proffered.
PROFFER 1:
When the property is developed, it shall be developed substantially as shown
on the exhibit entitled "Conceptual Layout Plan Hickman Place, Virginia
Beach, Virginia," dated October 30, 2013, prepared by Finley Design which
has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning (hereinafter referred to as the
`Concept Plan').
PROFFER 2:
When the Property is developed, the exterior of the retail shoppes shown on
the Concept Plan shall be substantially similar in appearance to and shall
utilize the external building materials as designated on the eight (8) exhibits
entitled "Hickman Place, Virginia Beach, VA" and designated "Conceptual
Perspective View: 1, 2, 3, 4, 6, 7 and 8", dated October 25, 2013, and
"Conceptual Perspective View: 5 House Parcel", dated November 1, 2013,
prepared by Findley Design, which have been exhibited to the Virginia Beach
City Council and are on file with the Virginia Beach Department of Planning
(hereinafter referred to as the "Elevations"). Any roof mounted mechanical
equipment shall be screened from view.
PROFFER 3:
When the Property is developed, the existing dwelling commonly referred to
as the "Hickman House" (originally known as "Brown's Tavern") shall be
relocated, to the northwest corner of the property, substantially preserved,
renovated, and converted to food service and/or office use. This building is
designated "House/Cafe 1600 sf on the Concept Plan and the business
operated in this building shall close by no later than 11:00 PM.
PROFFER 4:
When the property is developed, only freestanding monument style signage
may be erected on the Property, constructed with a brick or brick veneer base
matching the brick used in the retail shoppes. All building mounted signage
shall be channel letters on a raceway (i.e. no block signs) and only the
lettering may be illuminated.
PROFFER 5:
As depicted on the Concept Plan, when the Property is developed, right-of-
way dedications along the Property's frontages on Nimrno Parkway and
General Booth Boulevard will be provided and one additional lane will be
MICHAEL D. SIFEN
Page3of3
constructed by the party of the first part to west bound Nimmo Parkway,
immediately adjacent to the Property's frontage on Nimmo Parkway.
PROFFER 6:
A photometric plan (i.e. lighting plan) for the parking area shall be submitted
for review with the Site Plan. In addition, wall mounted security lighting (i.e.
"wall packs") shall be installed on the northern (i.e. rear) wall of the building at
a height not to exceed ten feet (10') above grade.
PROFFER 7:
Any dumpsters on the Retail Site and on the Outparcel will not be "tipped"
(picked up) between the hours of 9:00 PM and 7:OOAM.
PROFFER 8:
Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City Codes by all cognizant City
agencies and departments to meet all applicable City Code requirements.
¦ Attachments:
Staff Report and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department
City Manage . "
!`?
6
April 9, 2014 Public Hearing
PRINCESS ANNE
M• K-" Michael D. Sifen Inc.
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r?++??^?w?w?*ra^?• Cfrange of 2oning /rom R-211 to Conditional B-2
APPLICANT:
MICHAEL D.
SIFEN, INC.
PROPERTY OWNERS:
KIM GORDON
HICKMAN, HICKMAN
PLANTATION
SHOPPES, LLC,
DOUGLAS C.
HICKMAN & GLORIA J.
BOND HICKMAN,
MARY HUNTER
HICKMAN
STAFF PLANNER: Stephen J. White
REQUEST: Conditional Change of Zoninq (R-20 Residential to Conditional B-2 Community Business)
ADDRESS / DESCRIPTION: 2176, 2208, 2180 General Booth Boulevard
GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ:
2414144511; 2414173206; PRINCESS ANNE 12.14 acres 65-70 d6 DNL (Sub-
2414172167; 2414170309; Area 2)
2414077143
BACKGROUND / DETAILS OF PROPOSAL
Backqround
The subject site consists of five parcels, each having different ownership; however, the owners are all
members of the same family and have `combined' their parcels to provide an opportunity for development
of the site. The applicant has contracted with the family to develop the site with a shopping center. The
current zoning of the site, R-20 Residential District, must be changed to develop the site as a shopping
center. Accordingly, the applicant is requesting a Change of Zoning to Conditional B-2 Community
Business.
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 1
The parcels are currently used for either residential dwellings or agricultural cultivation. The largest
parcel, which wraps around the three smaller occupied parcels, is either vacant land or cultivated land.
There is a small parcel at the intersection of General Booth Boulevard and Nimmo Parkway that is the
residual of a larger parcel that existed prior to the roadway intersection being improved. The principal
parcel of the site is occupied by a two-and-one-half-story brick house constructed in 1832, as well as a
single-family dwelling located behind the main house. There are also several storage structures of varying
sizes and a swimming pool on the parcel. Directly behind the principal parcel are two smaller parcels,
approximately 20,000 square feet each in land area. The southernmost of the two parcels is vacant. The
northernmost is occupied by a single-family dwelling.
The main house on the principal parcel is known today as the `Hickman House,' but is historically known
as 'Brown's Tavern,' as the structure was once used as a tavern for travelers. Until 1988, the Official
Zoning Map identified the house and the intersection of General Booth Boulevard and London Bridge
Road (which at that time intersected General Booth Boulevard directly in front of the house) as
"Woodhouse Corner." The structure is listed in the "50 Most Historically Significant Houses and Structures
in Virginia Beach," The page from that document, which describes the significance of the house is
provided on page 19 of this report.
Details
The proposed site layout consists of a 501-space parking area located at the interior of the site. Around
and within the parking area are the following buildings and site features:
• Buildings 'A' (11,900 SF) and 'B' (14,000 SF) between the parking area and the Nimmo Parkway
rig ht-of-way.
• Buildings'D' (16,100 SF) and `E' (11,200 SF) between the parking area and the General Booth
Boulevard right-of-way.
• Building 'C' (6,111 SF) at the corner adjacent to the intersection of the roadways. Based on the
design of the walkways and landscaping facing the intersection, as well as the depiction of this
area on the submitted renderings, the intention is to create a unique and memorable place at that
location. The applicant will be providing public artwork within this area.
• The existing 'Brown's Tavern' house is being relocated to the northwestern corner of the site.
The applicant has submitted reports indicating that the house is structurally capable of being
moved (copies of those reports are provided at the end of this report). The site plan depicts a
drive aisle between the house and General Booth Boulevard. Parking is to the south of the house
and to the rear, which allows the area at the front to include a'front yard' lawn area with a
walkway from the front door to the sidewalk along General Booth Boulevard as well as an
outdoor cafe area along the south side of the house, wrapping around the front.
• A 26,840 SF anchor-tenant building and an attached Building `F' (5,400 SF) are located at the
northeast corner of the site.
• Behind the anchor-tenant building is the loading area for the store and a stormwater retention
pond.
• A 1.442-acre outparcel is located at the southeast corner of the site. The outparcel is configured
in a way that its narrowest side fronts on Nimmo Parkway, which will result in a narrower facade
facing Nimmo Parkway.
• The parking area is arranged in three sub-areas, each divided from the other by an interior
walkway system that connects the buildings. The interior walkways allow shoppers a choice of
walking the full length of the shopping walk in front of the stores to get from one end to the
opposite end or walking by a more direct route via the internal walkways. The segments of the
walkways that cross the parking lot drive aisles should consist of a paving material of a different
type and color as the drive aisle, and while not indicated on the site plan, staff will work with the
applicant during development site plan review to ensure this is accomplished.
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 2
• In addition to the three chambers of parking, perpendicular parking spaces are located directly in
front of the shops. Placement of parking spaces in this location serves to slow the speed of
vehicles on the drive aisle as well as provide a greater sense of security for pedestrians on the
walk, as they are separated from moving vehicles by the parked vehicles.
• A shopping walkway approximately 20 feet in width is located along the length of the storefronts.
The walkway has connections to the interior walkway system through the parking lot as well as
walkways around the roadway side of the buildings. The walkways also have connections to the
sidewalks within the rights-of-way of Nimmo Parkway and General Booth Boulevard.
• Site amenities, which are required by the Zoning Ordinance provisions for the design of retail
establishments, include plaza / cafe areas in front of the relocated "Brown's Tavern" as well as
between the two buildings parallel to each roadway. Additionally, as mentioned above, the
applicant will work with staff to provide for public art at the corner of the site adjacent to the
intersection of the roadways.
• Landscaping for the site consists of the required parking lot landscaping, street frontage and
foundation landscaping, and a Category 4 Landscape Buffer with a 20-foot wide berm. The
landscape plantings shown on the submitted plan are conceptual. All landscape plantings will
meet the requirements of City development ordinances, guidelines, and standards.
• A six-foot high ornamental fence is proposed at the terminus of Agecroft Road within the public
right-of-way. The applicant will install the fence between the existing six-foot high privacy fences
already installed on the single-family lots adjacent to the subject site. The installation of the fence
was a request of civic league. The applicant will be seeking approval of an encroachment into a
public right-of-way for the installation of the fence.
• Trash Dumpsters are located in three places within the parking area. The locations are intended
to prevent the view of the dumpsters from the public rights-of-way. The dumpster locations,
supplemented with the buffer of Leyland cypress trees adjacent to the residential areas, will also
significantly reduce or eliminate the potential impact of sound generated when the dumpsters are
emptied.
The store buildings, being visible from all sides, are designed with dual fronts and with similar exterior
architectural features and materials throughout. The exterior design is consistent with the
recommendations of the Retail Design Guidelines, exhibiting use of vertical and horizontal articulation of
the fagade, and good use of details, particularly along the upper storefront farades and the building
cornices. Sconce-style lighting on the facades as well as several different styles of awnings enhance the
storefronts. Exterior materials primarily consist of brick, EIFS, and cut block. Exterior color is muted in an
attempt to maintain compatibility with the natural brick and white trim of "Brown's Tavern / Hickman
House."
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USES: Agricultural cultivation, single-family dwellings, and undeveloped land.
SURROUNDING LAND North: . Single-family dwellings / R-10 Residential District
USE AND ZONING: South: • Nimmo Parkway
• Retail, Pharmacy, and Multifamily Dwellings / B-4 Mixed-
Use District
East: . Single-family dwellings / R-7.5 Residential District
West: . General Booth Boulevard
• Offices, Restaurants, and Retail / 0-2 Office, B-1A Limited
Business, and B-2 Community Business Districts
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 3
NATURAL RESOURCE AND The site consists of cultivated field, grass lawn, landscape beds,
CULTURAL FEATURES: and a variety of evergreen and deciduous trees. There are two
large deciduous trees behind the main house; however, both
appear to be in poor health.
As noted at the beginning of this report, a portion of the site is
occupied by 'Brown's Tavern,' constructed in 1832. The house is
currently known as the `Hickman House.' See page 19 of this report
for a description of the house and the significance of its architecture
and history.
COMPREHENSIVE PLAN: The subject 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, and the aesthetic quality of the stable neighborhoods, as well as reinforcing the suburban
characteristics of commercial centers and other non-residential areas that comprise part of the Suburban
Area. The planning principles for the Suburban Area are reinforced by the 'Special Area Development
Guidelines for Suburban Areas,' which are provided in the Comprehensive Plan's "Reference Handbook,"
as well as the 'Retail Establishments and Shopping Centers Ordinance Guidelines,' which are adopted by
reference as part of the Comprehensive Plan. Discussion regarding the proposed retail center's
consistency with those guidelines is provided in the Evaluation section of this report.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM ICIPI:
The segment of General Booth Boulevard at this location is designated as a four-lane divided minor
urban arterial that is designated as an Access Controlled Roadway. This section of General Booth
Boulevard is shown as a six-lane roadway in VDOT's 2034 Long Range Model; however it is not included
in the current City CIP.
The segment of Nimmo Parkway at this location is designated as a four-lane divided major urban arterial.
The Master Transportation Plan recommends a four-lane roadway within a 110-foot wide right-of-way for
the segment of Nimmo Parkway between General Booth Boulevard and the eastern terminus of Nimmo
Parkway. The MTP recommends a six-lane parkway within a 165-foot wide right-of-way befinreen General
Booth Boulevard and Holland Road.
CIP Project 2.121 (Nimmo Parkway - Phase V-A) is currently active on the west side of Nimmo
Parkway's intersection with General Booth Boulevard. This project is for the construction of a four-lane
divided roadway with shared bike lanes within a variable width (110 feet to 155 feet) right-of-way from
Holland Road to the existing terminus of Nimmo Parkway. Estimated construction completion date is July
2014, with the installation of street lighting and landscaping estimated to be complete by July 2016.
TRAFFIC:
Street Name Present
Volume
Present Capacity
Generated Traffic
General Booth 33,235 ADT 22,800 ADT (Level of Existing Zoning - 268
Boulevard (2013) Service "D") - 27,400 ADT
ADT' (Level of Service Proposed Land Use 3
°E°) - 6,868 ADT
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 4
Nimmo Parkway 18,552 ADT ' 17,300 ADT '(Level of 158 vehicle trips
(2013) Service "C") - 27,300 in AM peak
ADT' (Level of Service 606 vehicle trips
"E" in PM Peak
Average Daily Trips
Z as defned by 23 single-family homes with R-20 zoning
' as defined bv 101.755 SF of retail use (includes estimated SF for outDarcel)
Traffic Engineering has worked with the applicanYs engineer on the development of the site plan. A
Traffic Impact Analysis (TIA) was conducted and reviewed by Traffic Engineering. The proposed
vehicular access points as shown on the plan are acceptable in concept, with one full-access point
including turn lanes at the existing median break on Nimmo Parkway, and a right in/right out access point
including a right-turn lane into the site on General Booth Boulevard.
The applicant will be constructing a sidewalk / trail along the roadways, which will fill a current gap in the
bikeway along Nimmo Parkway, and thus, provide for the ability to ride (and walk) off-road along the
length of Nimmo Parkway and connect with General Booth Boulevard's sidewalk system.
WATER: This site is already connected to the City water system. The existing service lines can be used
or upgraded to accommodate the proposed development. Unused service lines must be properly
abandoned according to the Department of Public Utilities Design Guidelines. City water mains adjacent
to the site include a 20-inch line in General Booth Boulevard, and a 16-inch and 12-inch line in Nimmo
Parkway.
SEWER: This site must connect to City sanitary sewer. Sewer system lines in the area include a 30-inch
HRSD force main in General Booth Boulevard and a 42-inch HRSD force main in Nimmo Parkway. The
site is not located within a pump station service area. The site is, however, adjacent to Service Area 608.
Analysis of Pump Station 608 and the sanitary sewer collection system is required to ensure future flows
can be accommodated.
EVALUATION AND RECOMMENDATION
The applicant is requesting a Change of Zoning from R-20 Residential to Conditional B-2 Community
Business for the purpose of developing the site with a 93,351 square foot shopping center and a 1.442-
acre outparcel. The proposed use is consistent with the Comprehensive Plan's Suburban Area policies
with regard to commercial development, particularly with the measures taken to ensure compatibility to
adjacent residential areas. The design of the site and buildings is consistent with the Suburban Area
Design Guidelines and the Retail Establishment and Shopping Center Ordinance Guidelines.
The relocation of the structure commonly known as `Hickman House' (historic "Brown's Tavern") is
positive in that the applicant wishes to adaptively reuse the structure on the site rather than demolish it.
The adaptive reuse of the house not only preserves it but also ensures the house will be structurally
enhanced, thus extending its presence for more years than may have realistically been the case. The
applicant has agreed as well to provide `site contexY to the house by providing lawn area and landscaping
in the front of the structure to lessen or eliminate to the greatest extent possible the potential for the
structure to be seen as a historic house placed in the middle of a parking lot.
The placement of the buildings adjacent to Nimmo Parkway and General Booth Boulevard with parking
within the interior of the site is recommended by the Comprehensive Plan's 'Special Area Development
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 5
Guidelines for Suburban Areas.' Placement of the buildings in this way, however, results in the buildings
encroaching into the minimum required setback for yards adjacent to roadways within the B-2 Business
District. Section 107(i) of the City Zoning Ordinance, which is a recent amendment to the ordinance, is
intended to address these issues:
The City Council may, for good cause shown and upon a finding that there will be no significant
detrimental effects on surrounding properties, accept proffered conditions reasonably deviating
from the setback, landscaping and minimum lot area requirements and height restrictions, except
as provided in Section 202(b) [height limitations for aircraft navigation, etc.], otherwise applicable
to the proposed development.
In this instance, the proffered plan, a condition of the rezoning request, has setbacks that are less than
the required minimum of 35 feet. Staff finds that there will be no significant detrimental effect on
surrounding properties as a result of allowing the setback deviation, particularly since the reduced
setback is a recommended by the design policies of the Comprehensive Plan. City Council, by its
approval of this application, will have, in effect, made the same finding, and accordingly, allow for the
setbacks as shown on the proffered plan.
Based on staff's evaluation of the plans and proffers submitted as part of this rezoning request, staff
recommends approval of this application as proffered.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).
The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted
these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is
acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit
Court and serve as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When the property is developed, it shall be developed substantially as shown on the exhibit entitled
"Conceptual Layout Plan Hickman Place, Virginia Beach, Virginia," dated October 30, 2013, prepared by
Finley Design which has been exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning (hereinafter referred to as the `Concept Plan').
PROFFER 2:
When the Property is developed, the exterior of the retail shoppes shown on the Concept Plan shall be
substantially similar in appearance to and shall utilize the external building materials as designated on the
eight (8) exhibits entitled "Hickman Place, Virginia Beach, VA" and designated "Conceptual Perspective
View: 1, 2, 3, 4, 6, 7 and 8", dated October 25, 2013, and "Conceptual Perspective View: 5 House
Parcel", dated November 1, 2013, prepared by Findley Design, which have been exhibited to the Virginia
Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to
as the "Elevations"). Any roof mounted mechanical equipment shall be screened from view.
PROFFER 3:
When the Property is developed, the existing dwelling commonly referred to as the "Hickman House"
(originally known as "Brown's Tavern") shall be relocated, to the northwest corner of the properry,
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 6
substantially preserved, renovated, and converted to food service and/or office use. This building is
designated "House/Cafe 1600 sf on the Concept Plan and the business operated in this building shall
close by no later than 11:00 PM.
PROFFER 4:
When the property is developed, only freestanding monument style signage may be erected on the
Property, constructed with a brick or brick veneer base matching the brick used in the retail shoppes. All
building mounted signage shall be channel letters on a raceway (i.e. no block signs) and only the lettering
may be illuminated.
PROFFER 5:
As depicted on the Concept Plan, when the Property is developed, right-of-way dedications along the
Property's frontages on Nimmo Parkway and General Booth Boulevard will be provided and one
additional lane will be constructed by the party of the first part to west bound Nimmo Parkway,
immediately adjacent to the Property's frontage on Nimmo Parkway.
PROFFER 6:
A photometric plan (i.e. lighting plan) for the parking area shall be submitted for review with the Site Plan.
In addition, wall mounted security lighting (i.e. "wall packs") shall be installed on the northern (i.e. rear)
wall of the building at a height not to exceed ten feet (10') above grade.
PROFFER 7:
Any dumpsters on the Retail Site and on the Outparcel will not be "tipped" (picked up) befinreen the hours
of 9:00 PM and 7:OOAM.
PROFFER 8:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers submitted with the Conditional Zoning Agreement ensure that the
development will be constructed as depicted in the plans and renderings described and exhibited in this
report, provide measures for compatibility with the adjacent residential area with regard to sound, lighting,
and buffering, and ensure the identification signs for the retail center as well as each store is quality and
consistent with the recommendations of the Retail Design Guidelines.
The City Attorney's Office has reviewed the proffer agreement dated November 1, 2013 and found it to be
legally sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site plan submitted with this application may require revision
during detailed site plan review to meet all applicab/e City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of P/anning /
Deve/opment Services Center and Department of Planning / Permits and /nspections Division, and
the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use
Permit or Change of Zoning are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through Environmental
Design (CPTED) concepts and strategies as they pertain to this site.
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 7
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MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 8
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MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 9
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Agenda Item 6 i
Page 19 ?.[ Yp u? ?. . .-:.. .?G''iS -t 1
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RRnWN'S TAVt_Rti
2176 General Biwth Boulevard
CIfC3 1832
Transitional Federal-Ilalianate
swnce
Swvey ol !M C#y o/ V Ww BeaM Phafi ll,
pra0arye !p ine Virg?nra Oeperlmsnl d M41pic
Msourcea and lM Ciry ot Wqime Beach
Oepanmsnr ol Pl:-y Weshmqton, O C
7-nos, 1943, Seetnn d f8
Brcrwni favern prrnides a good eaiamplc of the rarer and more subslantial dwcliing
typcs found in the area. ihis house, a Iwaand-one-half-story buildin8 bWlt ce. 1832, is
dC5igncd in a transiUonal Fcdcral-Italianatc style. Whlic the general massing and certaie
dctails, frxiuding the Oat stonc Ifntcls and the Ove coursc Amcrican bond brick woric.
are typical of federal pcrlod architccwre. the rn-crhanging eaves and bracketcd N?ood
comice are mnre charaderictk of the Italianate sryle. Thfs house is knasn locally ta
hare urvcd as a tavem for travelen. A Irame kitchen wing µas added to the house in
the mid-ninciarnth ccn(ury.
Pagr 10 - SO Nmt Nistwualiy SigmOcant Ibuxs aod Structum in Viralnu Beach
SUMMARY OF BROWN'S TAVERN
HISTORIC AND ARCHITECTURAL SIGNIFICANCE
MICHAEL D. SIFEN, INC.
Agenda Item 6
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Mr. Jack Whitney, Diredor
Departmcnt of Planning
City of Vitginia Beach
Building 2, Room iis
Municipal Center
Virginia Beach, vrginia 23456
Attn: Stephen J. White
Mareh io, 2014
Re: 2176 General Baoth Bivd., Hickman Famity Property
Dear Sir:
Please be advised, that the Hickman Yamily has contracced to selt our
property to Michael D. Sifen, Inc in part because they were willing to relorate,
renovale and reuse the old hamestead by converting it fo a commercial/office use.
We previously explored developing the praperty ourselves and recognize that the
house mnst be relocated, at considerable expense, if it is to be retained.
in thc evcnt our efforts to preserve and rease our humestead are not
respected or appreciated and this becomes a point of contenrion, the family wii]
have the house demalishcd or removed from the properly.
i
Sincerely,
Kim fIickman
LETTER FROM FAMILY PERTAINING TO
`BROWN'S TAVERN' HOUSE
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 21
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Ivlarch Ia, 2014
Michael D. Sifen, Inc.
500 Crntral Drive
Virginia Bcach, VA 23454
Re: i lickman Residence 2176 General Booth Boutevard
Dcar. ?Ir. Smith:
[t will be structurally possibie to jack thc referenced residence up and relocate the residence to a
new foundation. "Phe new [oundation will have to be designed for the proper design live and dead
loads as well as wind lateral loading.
If you have any yuestions or if you requirc anything furthcr, pleasz do not hesitate to call.
Sinccrely.
SINCLAIR • PRATT • CAMERON, P.C.
co? V
W. Cartcr Sinclair, lr., P.E.
Sinclair Pratt Cameron, P.C.
1630 Donna [hive, Suitt 103, Virginia Beach, VA 23451
757.417.0565 [ 757.417.0568 C
pr??_ice'r,i?po-ciycon? ??«w.sno-ingcnin
LETTER REGARDING STRUCTURAL
POTENTIAL OF MOVING HOUSE TO ANOTHER LOCATION
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 22
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Dear pon Smith:
As a follow up to our conversations and visit to the Hickman I Iouse site, we feel confident that
the age and condition of the building is s[ructurally sound and capable of being relceated to the
new site in "as-is" or better condition. In an effort to ensure you are comfortable with our
abilities, we have described bricfly below the history of our company and severel similar
reloeation pmjects completed that have been in similar or even more fragile condition.
Expert House Movers is a full service shuctural solutions company that originated in Virginia
Beach, Virginia. Whether it's moving, raising, foundation repair, heavy transpon or shoring, we
have the expcrience, professionat staff and equipment to make your project run smooth fmm the
early planning stage all the way to completion. We havo tackled historical moves with an
extensive track record spanning 60 years and testimonials to support our successes.
We take great pride in our work and are passionate about moving, especially when it comes to
saving historical buildings. The list of historical projects Expert has completed over the years
shows the range of possibility that exists when looking to preserve our country's architectural
history, a few listed here and more can be found on our historical preservation sxtion of the
photo gallery on our website, www.exnerthouxmovers.com/services/historical-preservation/
• Multiple structures in Colonial Williamsburg
• llniversity of Richmond Alumni House
• Pre-Ciril War Structure at VCU -)acob House
+ King of Pnussia lnn, PA
Additionatly, Expert House Movers is the only company contracted to move any of America's
masonry light houses, including:
• The South East Lighthouse in Block Island, RI in 1993
• The Nauset and Highland Lighthouses on Cape Cod, MA in 1996
• T'he tallest unsupported masonry light house in the world; the Cape Hatteras Lighthouse
in Buxton, NC in 1999
• The Sankaty Lighthouse in Nantucket, MA in 2007.
We look forward to your response and helping you through the relocation process.
Sinoerely,
Jim Metyiko
Presidcnt, Expert House Movers and Construction
LETTER REGARDING THE ABILITY OF
`BROWN'S TAVERN' BEING MOVED TO NEW LOCATION
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 23
ZONING HISTORY
# DATE REQUEST ACTION
1 09/08/2009
08/08/1995 Change of Zoning (Conditional 0-1 & R-20 to Conditional B-2)
Chan e of Zonin R-20 to Conditional 0-1 Approved
A roved
2 01/22/2008 Chan e of Zonin AG-2 to Conditional B-4 Mixed-Use A roved
3 11/22/2005
11/23/1993 Change of Zoning (Conditional 0-1 to Conditional 0-1)
Chan e of Zonin R-20 to Conditional 0-1 Approved
A roved
4 05/25/1999 Change of Zoning (AG-1 / AG-2 & R-20 to Conditional 0-1 Office) and
AG-1 / AG-2 and R-20 to Conditional A-18 A artment Approved
5 06/27/2006 Chan e of Zonin R-20 & R-10 to Conditional 0-1 A roved
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 24
APPLICANT DISCLOSURE
If the appiicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name foilowed by the names of all officers, members, trustees,
partners, etc. below: (Attach lisf if necessary)
Michael D. Sifen, Inc.: Michaei D. Sifen, President; Donald R. Smith, Vice President;
Barry A. Sifen, Chief Financial OTficer
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relaGonship 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 on/y 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)
Hickman Plantation Shoppes, LLC: Kim Gordon Hickman, Douglas C. Hickman, Corie E. Hickman
& Mary Hunter Hickman, Members
2. List all businesses that have a parent-subsidiary' or affrliated business entity2
re(ationship with the applicant: (Aftach list if necessary)
? Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
&` See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes No X
If yes, what is the name of the official or employee and the nature of their interest?
!
?
.
?
?
?
DISCLOSURE STATEMENT
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 25
ADDITIONAL OISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, inciuding but not limited to the providers of architectural
seroices, real estate services, financial services, accountin MF--F?]E'VEDservices: (Attach list if necessary) ?
Sykes, BouMon, Ahem 8 levy, P.C.
Kaufman & Canotes, P.C. rEC 19 2013
Martin Engineering p -- _
ent
Finley Design Architects wepa
Parker Burneil Real Estate Group
'"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.
Z"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 entiry, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or cohtrol between the business
entities. Factors that should be considered in detemnining 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 entfties share the use af the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2 2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand thart, 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 propeRy at
least 30 days pr'wr to ihe scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by emptoyees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
Applican' Signature? -??/
Property Owner's Signature (if different than applicant)
Donald R. Smith, Vice President
Print Name
Kim G. Hickman, Managing Member
Print Name
DISCLOSURE STATEMENT
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 26
ADDlTIONAL DISCLOSURES
List ail known contractors or businesses that have or wiil provide services with respect
to the requested property use, including but not timited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Sykea, Bowdon, Ahem d Lsvy, P.C.
Kaufman & Canoles, P.C.
Martin Engineering
Finiey Design Architects
Parker Burnell Real Estate Group
'"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 anotlher corporation." See State and Local Government Conflict of Interests Ad, 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, (i) a controlling owner in one entity is also a controlling
owner in the other entityr, 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 tfie same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is othervuise a close working reEationship
betvveen the entities." See State and Local Govemment Conflict of Iriterests 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 appGption has been scheduled for
public hearing, I am r+esponsible for obtaining and posting the required sign on the subject properry at
least 30 days prior to the scheduled public hearing acxording 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.
Donald R. Smith, Vice President
anYs Sign ure Print Name
Property Owner's Signature (if different than applicant)
Kim G. Hickman, Managing Member
Print Name
DISCLOSURE STATEMENT
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 27
item #6
Michael D. Sifen, Inc.
Conditional Change of Zoning
R-20 Residential to Conditional B-2 Community Business
2176, 2180, 2208 General Booth Boulevard
Northeast Corner of intersection of Nimmo Parkway & General Booth Boulevard
District 7
Princess Anne
April 9, 2014
REGULAR
Dave Redmond: Mr. Thornton.
Bob Thornton: The next item on the agenda is an application by Mr. Michael Sifen, Inc. and the
Hickman Family. This is a request for a Conditional Change of Zoning from R-20 to Conditional
B-2. The property is located at General Booth Boulevard and Nimmo Parkway.
Dave Redmond: Mr. Bourdon.
Eddie Bourdon: Thank you Mr. Chairman. For the record, I'm Eddie Bourdon, a Virginia Beach
attorney. It's my privilege to come before the Commission this afternoon representing Michael
D. Sifen, Inc. Mr. Don Smith, Vice President with Michael D. Sifen, Inc. is here. Like Mike, Don is
a lifetime resident of the City of Virginia Beach. Also, Mr. Kim Hickman is here, on behalf of the
family that are the contract sellers of the subject property. Dr. White did a very good job this
morning in going through and explaining the application. We have had two meetings with the
adjacent community, one before the application was filed and one a number of weeks ago.
We've been through this process. We've also had a meeting with the folks, Mr. Reed, the City's
Museums and Historical Resources Director, as well as the Historic Preservation Committee.
That went very well. Going over the house and what we're trying to do to preserve it,
adaptively reuse it. The information you were provided this morning about the fact that it is not
built on a foundation. It is crumbling to a degree. The Hickman Family has done a good job of
keeping the house up, but it is a very expensive proposition. It is not in good shape, and it is so
close to the existing General Booth Boulevard, that it will not last in its current location, and
condition. My clients are going to pursue the State's Historical Register, local Historical Register,
and National Historical registry for the relocated and adaptively reused structure. A couple of
things I will mention, because you all have seen the plan, and have been briefed on it in great
detail. We have agreed and it is part of the plan, just to make sure it is clear, we are adding an
additional entire lane to Nimmo Parkway on the south side of the property as a part of this
application. Because of the need for a signal, which we will also bear that responsibility, the
lane will be stubbed just to the south of it. There will be an area where it will come back out
and then go back in. Then, it will be a elongated turn-lane onto General Booth Boulevard. But,
we will make those road improvements in addition to the turn lane on General Booth
Item #6
Michael D. Sifen, Inc.
Page 2
Boulevard. We will be extending and connecting all the sidewalks, which is very much needed
in that area. In the meetings we had with the community, I want to mention a couple of things
that, I think Dr. White did a good job in the informal, but there is a row of pine trees along the
northern boundary that the Hickman Family planted, and meeting with the community, to a
person, not everyone was there, they would prefer that we remove those pine trees, and
replace them with a double row of Leyland Cypress. We originally proposed to just do one row
of Leyland Cypress. They prefer to get rid of the pine trees and do a double row, which a 20
foot wide berm, which we are going to do. They all have all good privacy fences across the back
of their properties, so we will not be putting any additional fencing up. At the stub street
though, it's public right-of-way. What we proposed to do, which the neighbors are in
agreement and it's the best way to deal with it. In that public right-of-way, because they will
maintain their own fences, but the City's maintenance issue we're going to apply for an
Encroachment Permit to attach a wrought-iron style, vinyl clad maintenance-free fence across
there that will tie into the fences on either side. We will plant a prickly hedge row like
Ligustrum on the north side of that fence and the double row of Leyland Cypress on the south
side of that fence; so, it will be a continuation all the way down, but that way the maintenance
issue and the potential graffiti issue is removed by doing it that way. Then, on this side, the
east side, there is a ditch. The property line runs down the center of a ditch. We're going to
pipe that ditch and that will include piping slightly to the north because it is an open ditch
slightly to the north where it has been piped to the north. But we will pipe that ditch and put
up a maintenance-free vinyl privacy fence that will be able to tie into along the east side, and a
single row of Leyland Cypress. That's pretty much it. I don't want to go over things that you
already were briefed on this morning. I'll be happy to answer any questions any of you may
have.
Dave Redmond: Thank you Mr. Bourdon. Are there any questions for Mr. Bourdon? Mr.
Brockwell.
Ross Brockwell: You know if this is entered in the Historical Register, when it is reused, the
house, do you happen to know, are there any terms or conditions that are required to be
entered in the Historical Register?
Eddie Bourdon: Well, there will be issues that will have to be addressed. I'm not an expert on
this, but the big issue is ADA compliance and dealing with the renovations that need to be
made in order to be on the interior to be ADA compliance. We are extremely confident of the
state and local register but in terms of the national, that is a little more prickly, but we are
going to pursue it the way that we can. Hopefully, they will be able to get it.
Dave Redmond: Any other questions for Mr. Bourdon? No. Thank you, Mr. Bourdon. You will
stand by for rebuttal. Thank you.
Bob Thornton: Mr. Chairman, we have three people to speak on this matter. Two have
Item #6
Michael D. Sifen, Inc.
Page 3
indicated opposition, one has not indicated anything except with a question mark; so, Mr.
Phillip Cespedes. I'm going to assume that you're in favor, but if you are in opposition, then all
three are in opposition. So, come forward if you would like to speak. Tell us one way or the
other.
Dave Redmond: And let's satisfy our curiosity. Welcome sir.
Philip Cespedes: I didn't know what to say.
Bob Thornton: That's okay.
Philip Cespedes: I'm on the fence.
Dave Redmond: Would you state your name for the record.
Philip Cespedes: I'm sorry. My name is Philip Cespedes, and I'm a resident of Red Mill Farms
on Agecroft Road.
Dave Redmond: Thanks for being here.
Philip Cespedes: Oh, yes sir, thank you.
Dave Redmodn: You have three minutes.
Philip Cespedes: Okay. My concern is the rodent problem with construction, and in that land
you probably have different types of rodents live in there, and when the shopping center gets
to start to build, they start to build it, what will happen to that problem because myself and few
people, we live right Agecroft Road, which I don't see it on there. Red Mill Boulevard, I'm
probably in the R-7.5 area. If you have a map, I can show you exactly what I'm talking about
both roads that are there. Okay, and that is Agecroft (pointing to PowerPoint)? Anyway, I'm
about eight houses down but there are easements on a few properties where the fences
separate but the people can extend their fence to cover that whole area. But most people
didn't, and we already have a problem with different types. I have not seen no rats or anything
like that but the possums. Right now my mind is drifting. Anyway, that in my opinion will make
our problem worse. I do not know if the company will have a person that is experienced in
possibly taking care of this problem. You know, I don't want rodents in my backyard. I moved
to that area when it was first built in 1998, and we've always had a little bit of problem with,
mostly mice. I just like to know what is going to be done. I don't want to increase anymore the
problem that I feel already exist without the shopping center there. My other concern is, and
I'm not exactly sure they plan on building a supermarket, and I understand it will be a high end
supermarket, which is fine with my wife and I. I understand how they are going to protect the
neighbors and stuff with the trees and stuff. I mean that sounds like a good idea, but we are a
Item #6
Michael D. Sifen, Inc.
Page 4
dead end. And the company has promised to keep that dead end. Now will that in the future
say a year or two, like the shopping center isn't working out as far as getting in and out, and the
easy access would be to come on Agecroft Road, and go right into the shopping center? Is that
a possibility that would ever be asked of the company, and how will it affect the residents in the
neighborhood.
Dave Redmond: Sir, I'm afraid that your time is expired. I'm sure Mr. Bourdon will address
those items that you raised.
Philip Cespedes: Okay.
Dave Redmond: Don't go away yet. Does anyone have any questions for Mr. Cespedes? Did I
get that right?
Philip Cespedes: Yes you did, thank you.
Dave Redmond: Mr. Ripley.
Ron Ripley: I would think the Planning Director could address whether or not he would allow
commercial traffic in to your neighborhood. I got to be real surprise if his answer is different
than what I am thinking. But go ahead.
Jack Whitney: Obviously, we will address during site plan review process and we will not be
anticipating frivolous of a plan that directs traffic through a residential area.
Philip Cespedes: Sir, may I?
Dave Redmond: Mr. Horsley?
Don Horsley: You were addressing the rodent problem?
Philip Cesepedes: That would be extended through Agecroft Road into the shopping center. I
understand right now it is not but I'm very much in favor of that. But I'm saying that if the
Nimmo Parkway entrances and the General Booth entrances don't work out as far as traffic
trying to get in and out of the shopping center, because that is a very congested area, then will
they consider removing like letting traffic go either up or down or in one direction down
Agecroft. Is that a possibility that one day the sign will come down and it will go right in back of
the shopping center?
Don Horsley: I think you misunderstood me. I think Mr. Whitney address the road problem
was talking about you addressing the rodent problem.
Item #6
Michael D. Sifen, Inc.
Page 5
Philip Cespedes: Well that too, but I was also talking about Agecroft being extended into the
shopping center.
Don Horsley: On the rodent problem, it will probably be less when the property is developed
because field mice and all love the field and that is what it's been all of these years. You're
going to have field mice in the fall of the year, because they come out of the field because
they're cold. The rest of the time they've got something out there to eat so they won't have
anything to eat after this so I think your rodent problem will get less.
Philip Cespedes: Well, my concern is as construction starts, the rodents are going to move.
Don Horsley: I really don't anticipate you having a lot of problem with it. Mr. Bourdon will see if
they can have a rodent specialist on the on the site maybe.
Dave Redmond: Mr. Cespedes, Don't step away just yet Mr. Cespedes. Dr. White did you have
something you wanted to add?
Stephen White: Mr. Chairman, I just want to make sure we are all talking about the right
roadway. Because I saw where Mr. Bourdon was pointing, but Agecroft Road is that road that
stops on the northern boundary of this property, and from what I am hearing the concern is
that there will be potentially traffic, commercial traffic going through there, and we just need to
make clear that road be barricaded off and there will be no connection between the two. There
will be no traffic going through to this site.
Dave Redmond: Does that address your concern Mr. Cepedes?
Philip Cepedes: Just one question. I understand right now, the gentleman is correct, but my
question is if the two entrances, the entrance that will going into the shopping center off of
Nimmo Parkway and the entrance that is coming off of General Booth. It's great. I like that,
but if people are not going to that shopping center, because of traffic, trying to get in and out,
trying to get out on Nimmo, and out on General Booth, you're going to have a problem. I live
there. I know what the traffic is like. I moved out there for the first time in 1981, when there
was nothing out there and then moved back. But if there entrance and exits don't work out on
Nimmo and General Booth the n there is no other way to get in except to come down Agecroft
Road which would be easier to get it no then trying to get out of or get into the shopping
center, if that is ever a proposal. That is all that I' asking. I know you can't give me an answer.
Dave Redmond: I can give you a pretty good one. I bet I can give you a pretty good one. It
goes like this. These site plans are typically engineered with ingress/egress in and out to match
the square footage, the parking and the expected traffic of each one. That has been
engineered in such away so that the traffic that is ingress/egress will always serve what's
planned for that parcel. That is what planned for that parcel. Moreover, while we have been
Item #6
Michael D. Sifen, Inc.
Page 6
talking our transportation engineer who has sitting behind me has been shaking his head this
way at me and saying it would never happen. If I were in your shoes, I would not be concerned
about that.
Philip Cespedes: Okay, that's great.
Dave Redmond: And very frankly, Mr. Horsley knows more about things like rodents than all
the rest of us combined, so, I trust his judgment on that as well.
Philip Cespedes: Okay
Dave Redmond: I think Mr. Bourdon may respond to some of those comments. Are there any
questions for Mr. Cespedes? Alright, thank you sir.
Philip Cespedes: Thank you.
Bob Thornton: The next speaker is Penny Crawford.
Dave Redmond: Welcome.
Penny Crawford: Thank you ladies and gentlemen. My name is Penny Crawford, and I live at
2244 Agecroft Road, and I have a lot of concerns, one of which the last spoke of. I agree with all
of those. I lived in our home only 3% years, and at the closing, what I'm particularly concerned
about is the end of the street, because I live at the very end of the street next to the field that is
being developed. And the concerns are one, not only the rodent issue but also the closure of
the street. When 1 purchased my home, I asked our closing attorney about this field
development, because I had, I'm a nurse, and I had taken care of the older Hickmans that have
since passed. They did not want this home moved or want it developed for the national
historical society. And the quote from this gentleman who has recently left because he was
here before said "that will never happen". And I just heard that again with the street closure.
Dave Redmond: That was me.
Penny Crawford: I have a lot of concerns. The other issue is that being at the very end of the
street where this shopping center is supposedly going up, there is going to supposedly be a
grocery store at the very end in the same area, and I can expect lights, noise. I'm a nurse and I
work different shifts, frequently like to sleep a little bit in the morning, and the traffic from
trucks coming in and out, trash trucks coming in at 7 am, is certainly going to destroy my sleep
just as much as anybody else's. Those are my main concerns at this time. We also have over 40
businesses or empty businesses just immediately in the Red Mill area, and I just have concerns
on why do we need another shopping center when we already have 40 empty stores. Thank
you.
Item #6
Michael D. Sifen, Inc.
Page 7
Dave Redmond: Would you do us a favor. On that podium there that little black box is a
pointer. Would you pick that up and point it at that screen and show us where you house is?
Penny Crawford: Sure.
Dave Redmond: If you can locate it? There you go. There is the parcel.
Penny Crawford: There's the parcel. It is right there.
Dave Redmond: Okay, great. Thank you.
Penny Crawford: This is Agecroft Road.
Dave Redmond: Yes ma'am.
Penny Crawford: My home is right there.
Dave Redmond: Okay great, thank you.
Penny Crawford: You're welcome.
Dave Redmond: Does anyone have any questions? No? I would like to make one clarifying
point, and I made it earlier this morning. To my knowledge, there are no assigned tenants in
that shopping center. Could you pull the site plan up again please Kevin? Thank you. And what
you read about in the newspaper is speculation. I wouldn't put any stock in any one tenant yet
or even any type of tenant that is to say that is going to be a grocery store. I don't know what it
is going to be. There is no question that when you have an open parcel that subsequently
becomes developed as a shopping center it acquires trash removal, goods to be delivered.
Traffic in and out. There is certainly going to be some disturbance. But I would not hang my
hat on any one tenant or a group of tenants. To my knowledge there are no deals in place or
no leases in place. At present they are drawing and ideas. So, to the extent that it gives you
some concern or some excitement, I wouldn't put much that as yet.
Penny Crawford: According to Mr. Sifen at our last meeting at the neighborhood meeting, they
were talking and were close to an agreement with a large high end grocery store.
Davie Redmond: I think he would very much like that, but I don't think he's got one signed.
Penny Crawford: Okay.
Dave Redmond: Okay. Alright, are there any questions?
Don Horsley: The only thing I would mention is that the trash receptacles and all have been
Item #6
Michael D. Sifen, Inc.
Page 8
located within the parking area; so, therefore, they won't be on the back side next to the
residential area. I think the applicant is trying to be considerate in that matter also. So, most of
the lighting is going to be concentrated within the parking area too, I'm not saying you're not
going to see any but it won't be shining in your yard.
Dave Redmond: Alright.
Penny Crawford: Thank you very much.
Dave Redmond: Mr. Thornton.
Bob Thornton: Our last speaker is Gail Aggen.
Dave Redmond: Welcome ma'am.
Gail Aggen: Thank you very much. Well, I feel like David to Mr. Bourdon's Goliath.
Ed Weeden: State your name for the record please?
Gail Aggen: My name is not David, its Gail Aggen. I live one house from Ms. Penny, who just
spoke; so, I'm the next house in. First of all, I take a little issue with this retention pond that is
going to go right next to her house. I didn't have the pleasure of attending the second
neighborhood meeting. I was at the first one. We have a little problem that maybe this can be
postponed until they do a better study. That I was told by Mr. Hickman is the highest elevation
from here to Hilltop, and that back area is only 18 feet, but when you're talking about every
else about sea level or below, that's pretty huge. I do not know with the implication with
digging all that out might be. Mr. Bourdon talked about extending a little bit to the north of the
ditch. That ditch really runs all the way up to Red Mill Boulevard. It runs behind all of our
houses. So just putting a little piping a little farther up that might problematic also for us.
Really, I think the larger picture her needs to be addressed. This is huge. Doing this to this
corner is huge. Virginia Beach is one of the oldest communities in the area. The First Landing
was what, 1607 or 1611 or something. I come from a community up north that was founded
right about the same time, and I mean, you can't even knock down an oak tree without there
being some serious consideration. I'm concerned that the City hasn't shown much foresight
and much vision throughout the years since it has been developed, since the 60s, in retaining
some kind of character. I've done some research and seen where like where the Jr. Market is
now but I believe there was a 17th century, I saw a picture of it, a 17th century structure that
was just taken down to put up a little crummy strip thing there. I think as we go into the 215t
century, I have five children, and they are all here, I would like them to have a city that they
could really be proud of that there is not just another cookie cutter shopping center on every
single thing. This thing is the gateway, really to Sandbridge and to the General Booth corridor,
which brings us down to the Oceanfront. Mr. Bourdon has stated he's not an expert on the
Item #6
Michael D. Sifen, Inc.
Page 9
engineering and such as the house. If they can move that house, they could certainly shore up
the foundation where it is. In 1983, Mr. Hickman's father who did the renovations on that
place, he even went so far to renovate the out buildings which are there. It looks like a mini-
Williamsburg area right now.
Dave Redmond; I'm sorry ma'am. I'm afraid your time is expired. I hate to cut you off, but we
want to be fair to everyone.
Gail Aggen: Sure.
Dave Redmond: Are there any questions of Ms. Aggen? Did I get that right?
Gail Aggen: It's really Aggen!
Dave Redmond: Anybody? Okay, thank you ma'am. We appreciate your time.
Bob Thornton: That's our last speaker.
Dave Redmond: Mr. Bourdon.
Eddie Bourdon: First of all, would like to thank the folks who came today including some
people who came who are not here to speak against the application. I appreciate all of their
efforts in attending the meetings that we hosted. First of all, I concur wholeheartedly with
Cespedes concern. This will never be extended. Again, we are putting a 20 foot wide berm
here. We're doing a fence connection with again a bush on their side, so no one will be
tempted to try get through there, climb the fence, and a double row on our side. We got the
BMP here and the back of the building; so, there is never going to be a road going through here,
and there won't be any pedestrian connection going through here unless sometime in the
future the neighborhood wants it. The neighborhood has pedestrian connection on both sides
with the sidewalks. We are not seeking any of that here. That concern will not come to
fruition. There will never be an access here. We are also using dark sky technologies with the
lighting in this area so that there won't be, it will be all reflected so there won't be any spill over
lighting into the community. That and also by the hedges that are being proposed that will cut
off any potential light penetration as well. The BMP in the back, it's been engineered. There
has been no issue or problem with being able to put the BMP where it is. This ditch that runs to
the north has in fact been piped north of the property, but the pipe doesn't come down across
the portion of the ditch that our property is in the center line of, and we are just going to
continue and finish the job of piping that ditch so that we don't have, any longer, open ditches
in here. The neighbors to the east will be able to bring their fence on their side property lines
up and attach to his fence; so, their backyards will be entirely fenced in all the way to the
property line. The back of their properties now, they can't fence the whole thing because of
the drainage ditch that is there. The tenant discussions, there are in fact, there are discussion
Item #6
Michael D. Sifen, Inc.
Page 10
that are ongoing with a number of potential tenants. Mr. Redmond is correct. No one has
signed a lease at this point, and we certainly wouldn't go that far without having the necessary
approvals. He is correct in saying no one is certain as to what is going to go here, but that is
what the target market is for that piece of property. We've done a Traffic Impact Study, had
revisions made to the Traffic Impact Study. There will not be a need to bring access from the
neighborhood. It would never be approved, and no one will ever seek to do any such thing.
We've limited the tipping of the dumpsters before 7 am in the morning or after 10 pm at night.
And Mr. Hickman is here, and I'm going to have him not come up and speak, but he would
debunk the mischaracterization of his father's desires to have this property put on the National
Historic Register in its current location and condition. The family does not concur with that, and
disputes it intimately. But Mr. Sifen is willing and is going to make every effort to put it on all
the Registers after it is relocated, and it will be adaptively reused. I'll be happy to answer
questions any of you may have.
Dave Redmond: Thank you Mr. Bourdon. Are there any questions of Mr. Bourdon?
Eddie Bourdon: We will get some exterminators to take a look at the timing of when we do the
development if there is a way to control the potential for the mice population running from the
site during development.
Dave Redmond: Mr. Thornton.
Bob Thornton: I have a suggestion for you, because I have a 13 year old grandson. If you get
yourself about a dozen bb guns, and pass them out to the neighborhood kids, you can take care
of the mice.
Eddie Bourdon: I'll pass that on Mr. Thornton.
Bob Thornton: For whatever it is worth.
Dave Redmond: Are there any questions for Mr. Bourdon. Anybody? Okay. Thank you Mr.
Bourdon, and with that we will close the public hearing, and open it up for discussion among
the commissioners. Mr. Horsley.
Don Horsley: As we talked this morning, I think the developer has done an outstanding job of
putting this development together. I think it's something we've been wanting for many years.
What was going to go there? We knew it was going to be something to this nature, but I think
this is on the top end of the scale. And to get the support of the historical review by moving the
house, I mean think I've stated many times before lots of times old homes or old structures on
the property has kind of handicapped people from being able to do what they want to do
because of the amount of money it takes to restore them and keep them up and whatever.
And it gets to the point where you need to do something with the rest of the property to help
Item #6
Michael D. Sifen, Inc.
Page 11
generate revenue to help keep the old structures in tune. So being able to move this structure
and develop the rest of the property, I'm sure it is going to help offset some of that expense
because that is not a easy heap process that Mr. Sifen is going through. I think the traffic has
been adequately addressed. The traffic pattern, and we had our traffic specialist talk to us
about that this morning, and I think he alleviated most of the concerns with that. I think the
way it is designed, with having two fronts on the buildings, is really good for the community.
They can walk and walking distance. They can go in the front, and people who drive, can go in
the other front. I just think this is really what many of us did anticipate was going to be here.
think we are heading in the right direction. I concur with some of the comments that have
been made by some of the citizens, but I think their concerns have been addressed as well as
you can address them. The property is not going to stay in its current state. I think this is
probably the best alternative for it. And I think they have addressed the concerns as well as
they can.
Dave Redmond: Thank you Commissioner Horsley. Is there any other discussion? Mr.Horsley,
do I hear a motion?
Don Horsley: Hearing none, I make a motion that the application be approved.
Dave Redmond: There is a motion on the floor by Commissioner Horsley to approve agenda
item 6 and seconded by Commissioner Thornton. Mr. Weeden?
Ed Weeden: The vote is open.
AYE 9
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI
RU550 AYE
THORNTON AYE
WEINER AYE
NAY 0 ABS 0 ABSENT 2
ABSENT
ABSENT
Ed Weeden: By a vote of 9-0- the Commission has approved item 6, the application of Michael
D. Sifen, Inc.
Item #6
Michael D. Sifen, Inc.
Page 12
Dave Redmond: Okay, thank you all of you who came and spoke on agenda item 6. We
appreciate it.
?
U
? -'= _ - y%, ? *
;9Q?s oF:.'ou 0 N5
In Reply Refer To Our File No. DF-8903
TO: Mark D. Stiles
FROM: B. Kay Wilso
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
DATE: May 15, 2014
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Michael D. Sifen, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on May 27, 2014. I have reviewed the subject proffer agreement, dated
November 1, 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
MICHAEL D. SIFEN, INC., a Virginia corporation
HICKMAN PLANTATION SHOPPES, LLC, a Virginia limited liability company
DOUGLAS C. HICKMAN and GLORIA J. BOND HICKMAN
CORIE E. HICKMAN, TRUSTEE and MARY HUNTER HICKMAN, TRUSTEE OF THE
MARY HUNTER HICKMAN REVOCABLE TRUST, dated December 29, 2005
KIM GORDON HICKMAN
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this ist day of November, 2013, by and between
MICHAEL D. SIFEN, INC., a Virginia corporation, party of the first part, Grantor;
HICKMAN PLANTATION SHOPPES, LLC, a Virginia limited liability company, party of the
second part, Grantor; DOUGLAS C. HICKMAN and GLORIA J. BOND HICKMAN, parties
of the third party, Grantors; CORIE E. HICKMAN TRUSTEE and MARY HUNTER
HICKMAN, TRUSTEE OF THE MARY HUNTER HICKMAN REVOCABLE TRUST, dated
December 29, 2005, party of the fourth party, Grantor; KIM GORDON HICKMAN, party of
the fifth part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of
the Commonwealth of Virginia, party of the sixth part, Grantee.
WITNESSETH:
WHEREAS, the party of the second part is the owner of two (2) parcels of property
located in the Princess Anne District of the City of Virginia Beach, containing a total of
approximately 8.493 acres, which parcels designated Parcel i and Parcel 2 in Exhibit "A"
attached hereto and incorporated herein by this reference, along with the other parcels
described in Exhibit "A" are hereinafter referred to as the "Property"; and
GPIN: 2414-17-4511
2414-07-7143
2414-17-2167
2414-17-0309
2414-17-32o6
Prepared by:
R. Edward Bourdon, Jr., Esquire
VSB #22i6o
Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
1
WHEREAS, the parties of the third part are the owners of that parcel of property
located in the Princess Anne District of the City of Virginia Beach, containing a total of
approximately 0.49 acres, which parcel designated Parcel 3 in Exhibit "A" attached hereto
and incorporated herein by this reference, along with the other parcels described in Exhibit
"A" are hereinafter referred to as the "Property"; and
WHEREAS, the party of the fourth part is the owner of that parcel of property
located in the Princess Anne District of the City of Virginia Beach, containing a total of
approximately 2.64 acres, which parcel designated Parcel 4 in Exhibit "A" attached hereto
and incorporated herein by this reference, along with the other parcels described in Exhibit
"A" are hereinafter referred to as the "Property"; and
WHEREAS, the party of the fifth part is the owner of that parcel of property located
in the Princess Anne District of the City of Virginia Beach, containing a total of
approximately 0.49 acres, which parcel designated Parcel 5 in Exhibit "A" attached hereto
and incorporated herein by this reference, along with the other parcels described in Exhibit
"A" are hereinafter referred to as the "Property"; and
WHEREAS, the party of the first part, as contract purchaser of the Property, has
initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia,
by petition addressed to the Grantee, so as to change the Zoning Classifications of the
Property from R-2o Residential District to Conditional B-2 Community Business District;
and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of
the Property and at the same time to recognize the effects of change, and the need for
various types of uses, certain reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to land similarly zoned are
needed to cope with the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior
to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map, in addition to the regulations provided for in the B-2 Zoning District by the
existing overall Zoning Ordinance, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted as a part of said
2
amendment to the Zoning Map relative and applicable to the Property, which have a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, for themselves, their successors, representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any element
of compulsion or _quid ?ro -quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby makes the following declaration of conditions and restrictions
which shall restrict and govern the physical development, operation, and use of the Property
and hereby covenants and agrees that this declaration shall constitute covenants running
with the Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through the Grantors, their successors and assigns, grantees, and
other successors in interest or title:
1. When the Property is developed, it shall be developed substantially as shown
on the exhibit entitled "CONCEPTUAL LAYOUT PLAN HICKMAN PLACE, VIRGINIA
BEACH, VIRGINIA" dated October 30, 2013, prepared by Finley Design, which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning (hereinafter referred to as the "Concept Plan").
2. When the Property is developed, the exterior of the retail shoppes shown on
the Concept Plan shall be substantially similar in appearance to and shall utilize the external
building materials as designated on the eight (8) exhibits entitled "Hickman Place, Virginia
Beach, VA" and designated "Conceptual Perspective View: 1, 2, 3, 4, 6, 7 and 8", dated
October 25, 2013, and "Conceptual Perspective View: 5 House Parcel", dated November i,
2013, prepared by Findley Design, which have been exhibited to the Virginia Beach City
Council and are on file with the Virginia Beach Department of Planning (hereinafter
referred to as the "Elevations"). Any roof mounted mechanical equipment shall be screened
from view.
3. When the Property is developed, the existing dwelling commonly referred to
as the "Hickman House" (originally known as "Brown's Tavern") shall be relocated, to the
northwest corner of the property, substantially preserved, renovated and converted to food
ser,,ice and/or office use. This building is designated "House/Cafe 160o sf' on the Concept
Plan and the business operated in this building shall close by no later than il:oo PM.
4. When the property is developed, only freestanding monument style signage
may be erected on the Property, constructed with a brick or brick veneer base matching the
3
brick used in the retail shoppes. All building mounted signage shall be channel letters on a
raceway (i.e. no block signs) and only the lettering may be illuminated.
5. As depicted on the Concept Plan, when the Property is developed, right of way
dedications along the Property's frontages on Nimmo Parkway and General Booth
Boulevard will be provided and one additional lane will be constructed by the party of the
first part to west bound Nimmo Parkway, immediately adjacent to the Property's frontage
on Nimmo Parkway.
6. A photometric plan (i.e. lighting plan) for the parking area shall be submitted
for review with the Site Plan. In addition, wall mounted security lighting (i.e. "wall packs")
shall be installed on the northern (i.e. rear) wall of the building at a height not to exceed ten
feet (lo') above grade.
7. Any dumpsters on the Retail Site and on the Outparcel will not be "tipped"
(picked up) between the hours of g:oo PM and 7:oo AM.
8. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
All references hereinabove to the R-2o and B-2 Districts and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of
approval of this Agreement by City Council, which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part
of a comprehensive implementation of a new or substantially revised Zoning Ordinance
until specifically repealed. The conditions, however, may be repealed, amended, or varied
by written instrument recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by the
Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted
by the governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as
4
amended. Said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded, said instrument shall be void.
The Grantors covenant and agree that:
(i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied, and (b) to bring legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office of
the Zoning Administrator and in the Planning Department, and they shall be recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in
the names of the Grantors and the Grantee.
5
WITNESS the following signature and seal:
Grantor:
Michael D. Sifen, Inc., a Virginia corporation
?
By; (SEAL)
Donald . m' , Vice esident
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this I ' '? day of
NOVP-YY1b? , 2013, by Donald R. Smith, Vice President of Michael D. Sifen, Inc., a
Virginia corporation, Grantor.
? 1111/???
ota blic %? o Y 5
? SP.,......,,, q ,
My Commission Expires: ??.•??,pONby?ti??y?
Notary Registration Number: 1 21 (o O ? V0
?
REO. NO. 7512160
: i EXPRE81.31-15
dir . : •
0
dip '•iC? ??Q':? `
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O,` sNssee? ?? ??
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6
WITNESS the following signature and seal:
Grantor:
Hickman Plantation Shoppes, LLC,
a Vitginia limited liabi y ty company
_'Lq 1
??''
gy. . - (SEAL)
Kim G. Hickman, Managing Member
STATE OF VIRGINIA
CI'TY OF VIRGINIA BEACH, to-Arit:
The foregoing instrument was acknowledged before me this ? day of
2013, by Kim G. Hickman Managing Member of Hickman Plantation
Shoppes, LLC, a Virginia limited liaUility company, Grantor? whp ; s??+'?r?cr
rlv-- .
Notary Public
My Commission Expires:
Notary Registration Number: TARA T. DECKER
Notary Public
Commanweplth of Virginia
fdapiatrONon # 192699
WITNESS the following signatures and seals:
Grantors:
`a??ee???????????•
??. ?. HqRR
; Q-??''?-??,??? '••?s =, (SEAL)
. . ;
Z
: U4u.: SS\ON.. o +tgla-s? n
: cl,'•• y?912 .?'? • ???'?/t///?'/ ? '//' y/?/ -{?/'/?I?? \/j ((?}jeTl
???.?••? \??...+.,J
?MrvEA??? •? `?J -? ? b
01666eott? Gloria J. Bond Hickman
STATE OF VIRGINIA
COUNTY/C` OF to-wit:
- T e foregoing instrument was
2013, by Douglas C. Ij
owledged before me this ? day of
i and Glori J. Bond Hickman, Grantors.
'/ ?
otary Public
My Commission Expires: p / ?5 /A41 &
Notary Registration Number: ? -ZYJ
8
WITNESS the foilotiring signatures and seals:
Grantor:
Maiy Hunter Hickman Revocable Trust,
dated DecemUer 29, 2005
By: a,.? C, _YA1A11'CJt,'i1 (SFAT.)
Corie E. Hiclcman, Trustee
r
(SEAL)
Ma unter Hickman, Trustee
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this ?? day of
_ ' , 2013, Uy Corie E. Hickman, Trustee of the Mary Hunter Hickman
Revocable Trtzst dated December 29, 2005, Grantor.
G? Y/ */
Notary Public
TARA t DECKER
My Commission Expires: Notary Pubiic
Commcnvreaifh of Yrginia
Notary Registration Number: l l'IoZl??l? Regk"t;on # 1926"
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit: qI
.
? The f foregoing instrument was acknowledged before me this day of
" , 2013, by Mary Hunter Hickman, Trustee of the Mary Hunter Hickman
Revocable Trtist dated December 29, 2005, Grantor.
0 ?)j ?
otary Public
My Commission Expires: ?°; ? 0,U TARAT. DECKER
Notary Registration NumUer: ? Notary Pub?ic
Commonwea{th of Virginia
Repistrntion # 192699
9
WITNESS the following signature and seal:
Grantor:
Kim Gordon Hickman
STATE OF VIRGINIA
COUNTY/CI'TY OF VIRGINIA BEACH, to-wit:
' The A egoing instrument was acknowledged before me this day of
, 2013, by Kim Gordon Hickman, Grantor? ?Ji?u) l? lq? ?/0??`?? ?? .
V ?
Notaiy PuUlic
My Commission Expires: /.A - 3/
Notary Registration Number: m192699 inio 10
EXHIBIT "A"
Parcel i:
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
Princess Anne Borough of the City of Virginia Beach, Virginia, and being known as Parcel
Number 4, 8•35 AC, (2414-17-4511), as shown on that certain plat entitled "Subdivision of
Property of Charles Carlton Hickman and Russell Lee Rainey, in Princess Anne Borough of
Virginia Beach, Virginia", dated March 27,1995 and made by Gallup Surveyors & Engineers,
which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 248, at Pages 24 and 25.
GPIN: 2414-17-4511
Parcel 2:
All that certain lot, piece or parcel of land, lying, situate and being in the City of Virginia
Beach, Virginia, and known, labeled "Proposed Pumping Station Site, 0.254 acres", as
shown on that certain plat entitled, "PROPOSED PUMPING STATION SITE FOR
HAMPTON ROADS SANITATION DISTRICT", which plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 1416, at Page
313•
LESS AND EXCEPT that portion of the said property conveyed to the City of Virginia Beach
by Deed recorded in the aforesaid Clerk's Office in Deed Book 2258, at Page 184.
GPIN: 2414-07-7143
Parcel 3:
All that certain parcel of land, together with the improvements thereon, situated, lying and
being in the Princess Anne Borough, Virginia Beach, Virginia, containing approximately .49
acres, and known, numbered and designated as Parcel2, as shown on a Plat made by Gallup
Surveyors & Engineers, Ltd., dated November 29, 1992, entitled, "Property of Charles
Carlton Hickman Residual 19.36 Acres" and which Plat is duly recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 229, at Page 52, to
which reference is hereby made for a more particular description of said Parcel.
2414-17-2167
11
Parcel 4:
ALL THAT certain parcel of land, together with the improvements thereon, situated, lying
and being in the City of Virginia Beach, Virginia, (formerly known as the Princess Anne
Borough, Virginia Beach, Virginia) containing approximately 2.64 acres, and known,
numbered and designated as Parcel i, as shown on a Plat made by Gallup Surveyors &
Engineers, Ltd., dated November 29, 1992, entitled, "Property of Charles Carlton Hickman
Residual 19.36 Acres" and which Plat is duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book 229, at Page 52, to which
reference is hereby made for a more particular description of the said Parcel.
GPIN: 2414-17-0309
Parcel5:
ALL THAT certain parcel of land, together with the improvements thereon, situated, lying
and being in the Princess Anne Borough, Virginia Beach, Virginia, containing approximately
•49 acres, and known, numbered and designated as Parcel 3, s shown on a Plat made by
Gallup Surveyors & Engineers, Ltd., dated November 29, 1992, entitled, "Property of
Charles Carlton Hickman Residual 19.36 Acres" which Plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 229, at Page
52, to which reference is hereby made for a more particular description of the said Parcel.
GPIN: 2414-17-32o6
H:\AM\Conditional Rezoning\Sifen_Michael D Inc\Hickman Property\Proffer Agreement.doc
12
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