JUNE 17, 2014 AGENDACITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR., At Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
ROBERT M. DYER, Centerville - District 1
BARBARA M. HENLEY, Princess Anne - District 7
SHANNON DS KANE, Rose Hall - District 3
BRAD MARTIN, P.E., At Large
JOHN D.MOSS, At Large
AMELIA ROSS-HAMMOND, Kempsville - District 2
JOHN E. UHRIN, Beach - District 6
ROSEMARY WILSON, At Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL APPOINTEES
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - MARK D. STILES
CITY ASSESSOR - JERALD D. BANAGAN
CITYAUDITOR - LYNDON S. REMIAS
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CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
17 June 2014
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl®vbgov.com
I. CITY COUNCIL BRIEFING
- Conference Room -
1. HISTORIC PRESERVATION COMMISSION — Annual Report
Bernice Pope, Chair
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION
A.
B.
C.
- Conference Room -
CALL TO ORDER — Mayor William D. Sessoms, Jr.
ROLL CALL
RECESS TO CLOSED SESSION
5:00 PM
5:30 PM
1
VL FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend H. Leroy Siebert, Pastor
Community United Methodist Church
C. PLEDGE OF ALLEGIANCE
D. ROLL CALL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
INFORMAL and FORMAL SESSIONS June 3, 2014
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATIONS
1. RESOLUTION OF RECOGNITION
Mary Kay Horoszewski
2. PROCLAMATION — Parks and Recreation Month
Michael Kalvort - Director
I. ORDINANCES/RESOLUTION
1. Ordinances to AMEND the City Code:
a. §§2-459 and 2-461 re addition of student members and annual reports for the Human Rights
Commission
b. Resolution to GRANT an exemption to City Code §7-59.1 to allow MARKLIN MCGUIRE
to operate a moped on Atlantic Avenue during Resort season re pizza delivery
c. §4-1 re definition of SPECIAL EVENTS for Agritoursim activities
Ordinance to AMEND §4 of the ARP Ordinance to allow Agritourism activities
3. Ordinance to AUTHORIZE the Second Modification to the Town Center Phase V
Development Agreement re realignment of the parking garage to accommodate a larger retail
space
4. Ordinance to EXEMPT local Real and Personal Property taxes in behalf of the Military Aviation
Museum
5. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property:
a. JOAN R. DAVIS re an existing drainage easement on North Bay at 361 Back Bay Crescent
DISTRICT 7- PRINCESS ANNE
b. THE BREAKERS II CONDOMINIUM ASSOCIATION, INC. re a portion of a building
and HVAC unit at Red Tide Road
DISTRICT 5 — LYNNHAVEN
6. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property
known as Bass Inlet -East in Sandbridge Shores:
DISTRICT 7- PRINCESS ANNE
a. DAVID L. and BONNIE A. MERRITT at 2805 Sandpiper Road
b. DEBORAH M. COSTELLO at 301 Tuna Lane
7. Ordinance to APPOINT three (3) Viewers for one-year terms from July 1, 2014, to assess street
closure proposals
8. Ordinances re City Appointee Compensation for FY 2014-15:
a. City Manager
b. City Attorney
c. City Clerk
d. City Real Estate Assessor
e. City Auditor
9. Ordinance to TRANSFER $566,122 within the Sheriffs Budget re inmate medical contract
10. Ordinance to ACCEPT and APPROPRIATE a $6,000 donation from the Virginia Beach Little
League, Inc. re ADA compliance improvements in Ocean Lakes Community Park
(DISTRICT 7- PRINCESS ANNE)
J. PLANNING
1. Application of CARMAX AUTO SUPERSTORES, INC. for Modification of Conditions of a
Conditional Use Permit (approved March 25, 2003) re car storage at 3801 and 3789 Bonney Road
DISTRICT 5 — LYNNHAVEN
RECOMMENDATION: APPROVAL
2. Application of MICHAEL D. SIFEN and GEORGE STREET CORP. for a Conditional Use
Permit re indoor Self -Storage at 3443 Virginia Beach Boulevard
DISTRICT 5 — LYNNHAVEN
RECOMMENDATION: APPROVAL
3. Application of HAMPTON ROADS SANITATION DISTRICT for a Conditional Use Permit re
a Communication Tower at 5332 Shore Drive
DISTRICT 4 — BAYSIDE
RECOMMENDATION: APPROVAL
4. Application of ROBERT JEFFERY MOREAU for a Conditional Use Permit re firearm sales
and repair at 1405 Ships Landing
DISTRICT 1 — CENTERVILLE
5. Application of SUZETTE CIVIL -NOEL for a Conditional Use Permit re a Daycare at 1941 Glen
View Court
DISTRICT 1 — CENTERVILLE
RECOMMENDATION: APPROVAL
6. Application of RODNEY PRICE/AEGEAN ASSOCIATES for a Conditional Use Permit re
truck and trailer rentals at 4720B Princess Anne Road
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION: APPROVAL
7. Application of MID -ATLANTIC COMMERCIAL PROPERTIES/336 CEDAR ROAD, LLC
for a Conditional Use Permit re fuel sales and a convenience store at 720 Independence
Boulevard
DISTRICT 4 — BAYSIDE
RECOMMENDATION: APPROVAL
8. Application of LARAE TUCKER and THE HAYGOOD BEACH, LLC/PHILIP
RICHARDSON for a Conditional Use Permit re fuel sales and a convenience store at 4904
Haygood Road
DISTRICT 4 — BAYSIDE
RECOMMENDATION: APPROVAL
9. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of
Zoning from AG -1 and AG -2 Agricultural District to Conditional PD -H2 Planned Unit
Development District at 2800 to 2900 Princess Anne Road (Deferred April 8, 2014)
DISTRICT 7 — PRINCESS ANNE
RECOMMENDATION: INDEFINITE DEFERRAL
10. Applications of VIRGINIA BEACH PROFESSIONAL BASEBALL, LLC/City of Virginia
Beach in Princess Anne Commons:
DISTRICT 7 — PRINCESS ANNE
a. Conditional Change of Zoning from B-2 Community Business District and AG -1 Agricultural
District to Conditional B-2 Community Business District and a Conditional Use Permit re a
Baseball Stadium
b. Conditional Use Permit re a Baseball and Softball Tournament Complex
RECOMMENDATION: APPROVAL
1L Applications of SANDBRIDGE TOWING, INC/EDDIE LEE COOPER and LINDA A.
ACKISS at Princess Anne Lane and Princess Anne Road:
DISTRICT 7 — PRINCESS ANNE
a. Conditional Change of Zoning from AG -2 Agricultural District to Conditional B-2 Community
Business District
b. Conditional Use Permit re a towing service and storage yard
RECOMMENDATION: APPROVAL
12. Applications of NEW CINGULAR WIRELESS PCS, LLC/CYPRESS POINT
ENTERPRISES, INC. at 5340 Club Head Road:
DISTRICT 4 — BAYSIDE
a. Conditional Change of Zoning from Conditional PD -H2 Planned Development District to
Conditional P-1 Preservation District.
b. Conditional Use Permit re a communication tower (deferred April 22, 2014)
RECOMMENDATION: APPROVAL
13. Application of KEMPDEL, INC. — SHURNEY LANE for a Change of Zoning_from Conditional
PD -H2 District to P-1 Preservation District re open space for a condominium at 881 Shurney Lane.
DISTRICT 4 — BAYSIDE
RECOMMENDATION: APPROVAL
14. Applications of CITY OF VIRGINIA BEACH:
a. AMEND §§1803 and 1804 of the City Zoning Ordinance (CZO) re Special Regulations for
Discretionary Development Applications for Residential Uses in the Oceanfront Resort
District
b. AMEND §§400 and 401 of the City Zoning Ordinance (CZO) re the Purpose of the
Agricultural Districts, Permitted Uses in the District, Agritourism Activities and Sales of
Agricultural Products and Agricultural -Related Products, and to REPEAL §241 re Riding
Academies and Horses for Hire or Boarding
c. AMEND the City Zoning Ordinance (CZO) re Oceanfront Resort District Height Map by
changing the height zone at 1609 and 1701 Atlantic Avenue.
d. Street Closure re a portion of former Oakmears Crescent now part of relocated Princess Anne
Road
e. Street Closure re unimproved right-of-way of Oakmears Crescent
RECOMMENDATION: APPROVAL
K. APPOINTMENTS
DEVELOPMENT AUTHORITY
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
INVESTIGATIVE REVIEW PANEL
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
REVIEW AND ALLOCATION COMMITTEE - COG
WETLANDS BOARD
2040 VISION TO ACTION COMMUNITY COALITION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
6/17/14 st
************:*****************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
CITY COUNCIL RETREAT
Economic Development Office
Suite 700
4525 Main Street
(Corner of Columbus & Main Streets)
Town Center
CITY COUNCIL MEETINGS RESCHEDULED
EFFECTIVE: JUNE 1, 2014
FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS
FIRST TUESDAYS: OPEN CITIZEN DL4LOGUE
SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM
2014 CITY HOLIDAYS
Independence I)ay - Friday, July 4
Labor Day - Mondavi, September 1
Veterans Day - Tuesday, November 11
Thanksgiving Day and Day after Thanksgiving —
Thursday, November 27 and Friday, November 28
Christmas Eve (half-day) - Wednesday, December 24
Christmas Day - Thursday, December 25
I. CITY COUNCIL BRIEFING
- Conference Room - 5:00 PM
1. HISTORIC PRESERVATION COMMISSION — Annual Report
Bernice Pope, Chair
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. ROLL CALL
C. RECESS TO CLOSED SESSION
5:30 PM
VI. FORMAL SESSION
- City Council Chamber -
A. CALL TO ORDER — Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend H. Leroy Siebert, Pastor
Community United Methodist Church
C. PLEDGE OF ALLEGIANCE
D. ROLL CALL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
6:00 PM
INFORMAL and FORMAL SESSIONS June 3, 2014
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
d
H. MAYOR'S PRESENTATIONS
1. RESOLUTION OF RECOGNITION
Mary Kay Horoszewski
2. PROCLAMATION — Parks and Recreation Month
Michael Kalvort - Director
I. ORDINANCES/RESOLUTION
1. Ordinances to AMEND the City Code:
a. §§2-459 and 2-461 re addition of student members and annual reports for the Human Rights
Commission
b. Resolution to GRANT an exemption to City Code §7-59.1 to allow MARKLIN MCGUIRE
to operate a moped on Atlantic Avenue during Resort season re pizza delivery
c. §4-1 re definition of SPECIAL EVENTS for Agritoursim activities
2. Ordinance to AMEND §4 of the ARP Ordinance to allow Agritourism activities
3. Ordinance to AUTHORIZE the Second Modification to the Town Center Phase V
Development Agreement re realignment of the parking garage to accommodate a larger retail
space
4. Ordinance to EXEMPT local Real and Personal Property taxes in behalf of the Military Aviation
Museum
5. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property:
a. JOAN R. DAVIS re an existing drainage easement on North Bay at 361 Back Bay Crescent
DISTRICT 7- PRINCESS ANNE
b. THE BREAKERS II CONDOMINIUM ASSOCIATION, INC. re a portion of a building
and HVAC unit at Red Tide Road
DISTRICT 5 — LYNNHAVEN
6. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property
known as Bass Inlet -East in Sandbridge Shores:
DISTRICT 7- PRINCESS ANNE
a. DAVID L. and BONNIE A. MERRITT at 2805 Sandpiper Road
b. DEBORAH M. COSTELLO at 301 Tuna Lane
7. Ordinance to APPOINT three (3) Viewers for one-year terms from July 1, 2014, to assess street
closure proposals
8. Ordinances re City Appointee Compensation for FY 2014-15:
a. City Manager
b. City Attorney
c. City Clerk
d. City Real Estate Assessor
e. City Auditor
9. Ordinance to TRANSFER $566,122 within the Sheriff's Budget re inmate medical contract
10. Ordinance to ACCEPT and APPROPRIATE a $6,000 donation from the Virginia Beach Little
League, Inc. re ADA compliance improvements in Ocean Lakes Community Park
(DISTRICT 7- PRINCESS ANNE)
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CITY OF VIRGINIA BEACH
AGENDA ITEM
J
ITEM: An Ordinance to Amend Sections 2-459 and 2-461 of the City Code Pertaining
to the Human Rights Commission
MEETING DATE: June 17, 2014
■ Background: City Council created the City's Human Rights Commission in 1991
to advise City Council on human rights issues in the City. The commission's duties
include conducting educational programs; serving as a forum for the discussion of human
rights issues; conducting studies and proposing solutions for the improvement of human
relations in the City; and providing assistance to citizens who believe their rights have
been violated by referring those citizens to the appropriate federal, state or local agency
that can address the complaint.
At the Human Rights Commission's request, City Council began appointing student
members to the commission on a pilot basis. The student members have provided
valuable contributions to the commission and its work. This ordinance will amend the City
Code to formally add student members as members of the commission.
■ Considerations: The Human Rights Commission unanimously endorsed this
ordinance. The ordinance is modeled on City Code § 17-3, which provides for student
membership on the Public Library Board. This ordinance provides that City Council shall
appoint two high school juniors as members to serve two-year terms. Of the two student
members currently appointed by City Council to the Commission, one recently graduated
from high school, and the other will be a high school senior this fall. Subsequent
appointments can continue to be staggered, so that one student member will be a junior,
and the other will be a senior.
The ordinance also contains two housekeeping edits: a correction to a typographical error
and deletion of the reference to the commission submitting semi-annual reports of their
activities. The practice of the commission has been to make annual reports to City
Council toward the end of each fiscal year, and this ordinance revises the reporting
provision accordingly.
■ Public Information: This item will be advertised in the same manner as all other
agenda items.
■ Attachments: Ordinance
Requested by Councilmembers Dyer and Kane
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Granting a Permit to Marklin McGuire to Operate a Moped on
Atlantic Avenue
MEETING DATE: June 17, 2014
■ Background: City Code § 7-59.1 prohibits the operation of mopeds on Atlantic
Avenue during the resort season, but City Code § 7-58 authorizes such operation if the
operator has been granted a permit by the City Council. Marklin McGuire is a pizza
delivery person in the Resort Area, and he and his employer have requested a permit
so he can deliver pizzas at the Oceanfront while driving his moped during the resort
season.
■ Considerations: The attached resolution grants Mr. McGuire a permit to
operate his moped on Atlantic Avenue during the resort season, provided that the
moped has been registered with DMV and displays a current and valid license plate.
He will be required to pay a $10 permit fee, and the permit will expire on December 31,
2014. The Police Department may renew the permit for additional calendar years upon
payment of the $10 annual permit fee. Mr. McGuire will be required to possess a copy
of the permit card on his person whenever he operates a moped on Atlantic Avenue
during the resort season. The permit may be revoked by City Council at any time.
■ Public Information: Public information will be provided through the normal
Council agenda process.
■ Attachments: Resolution.
Requested by Councilmember Uhrin
REQUESTED BY COUNCILMEMBER UHRIN
1 A RESOLUTION GRANTING A PERMIT TO MARKLIN
2 MCGUIRE TO OPERATE A MOPED ON ATLANTIC
3 AVENUE
4
5 WHEREAS, City Code § 7-59.1 prohibits persons from riding a moped on Atlantic
6 Avenue during the resort season; and
7
8 WHEREAS, City Code § 7-58 authorizes the City Council to grant a permit that
9 would allow a person to operate a moped on Atlantic Avenue during the resort season,
10 notwithstanding the prohibition contained in City Code § 7-59.1; and
11
12 WHEREAS, Marklin McGuire has shown good cause why he should be granted
13 such a permit; and
14
15 WHEREAS, the Police Department has requested that any such permit have an
16 expiration date of December 31St
17
18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 1. That the City Council hereby grants Marklin McGuire a permit to operate a
22 moped on Atlantic Avenue during the resort season, provided that the moped has been
23 registered with the Department of Motor Vehicles and displays a current and valid
24 license plate.
25
26 2. That in order to obtain a permit card, Mr. McGuire shall obtain from the City
27 Clerk a certified copy of this resolution, indicating that it was adopted, and shall present
28 the same to the Police Department, along with a $10 permit fee.
29
30 3. That Mr. McGuire shall possess on his person the permit card whenever he
31 operates a moped on Atlantic Avenue during the resort season.
32
33 4. That the permit shall expire on December 31, 2014, but may be
34 administratively renewed annually by the Police Department for additional calendar
35 years upon Mr. McGuire's payment of the $10 annual permit fee.
36
37 5. That the permit may be revoked at any time, for any reason, by the City
38 Council.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2014.
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Offi
CA13031
R-1
June 6, 2014
C
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Amendment to Special Events Ordinance (City Code Section 4-1)
MEETING DATE: June 17, 2014
■ Background: During its 2014 Regular Session, the General Assembly enacted
legislation that significantly constricted the City's authority to regulate agritourism
activities conducted on agricultural land. However, localities may continue to regulate
activities having a substantial impact upon the public health, safety and general welfare.
Because agritourism activities of a certain size and/or frequency can have such an
impact, there is a need for a mechanism to regulate such activities.
■ Considerations: The ordinance requires a Special Events Permit for
agritourism activities that are not allowed either by right under Section 401 of the City
Zoning Ordinance (i.e., activities at which fewer than 250 persons are in attendance at
any one time) or that require a conditional use permit (i.e., activities at which more than
250 persons attend at any one time and which are held more than three times per year).
■ Public Information: No special form of advertising is required; the process of
revising the related agritourism ordinance, however, was the subject of a substantial
public participation process conducted by the Agricultural Advisory Commission.
■ Recommendations: Adoption of the ordinance
■ Attachments: Ordinance
Recommended Action: Adoption of ordinance
Submitting Department/Age cy: Strategic Growth Area Office.
City Manager:
1 AN ORDINANCE TO AMEND SECTION 4-1 OF THE CITY
2 CODE, PERTAINING TO THE DEFINITION OF SPECIAL
3 EVENTS
4
5 Section Amended : City Zoning Ordinance Section 4-1
6
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 That Section 4-1 of the City Code is hereby amended by requiring special events
12 permits for certain agritourism activities, to read as follows:
13
14 Sec. 4-1. Permit for special events.
15
16 (a) Events for Which Permit Required. No person or entity shall hold,
17 organize or sponsor any of the following events or activities unless a permit therefor has
18 been granted by the city:
19
20 (1) Parades, processions, marathons, bicycle races and other events
21 utilizing the sidewalks or vehicular travel portion of city streets and
22 highways, or the boardwalk.
23
24 (2) Carnivals, bazaars and similar events which offer such activities as
25 amusement rides or devices, games of skill, animal rides or
26 exhibitions, food concessions, and informal live entertainment.
27
28 (3) Outdoor festivals or other musical entertainment offering live or
29 recorded music for public or private audiences in other than a fully
30 enclosed building, with the exception of outdoor musical
31 entertainment at any private residence attended by fewer than one
32 hundred fifty (150) persons.
33
34 (4) Motion picture, video or broadcast television productions, other
35 than news media, involving the staging of vehicles, equipment,
36 props or personnel on public property, including buildings, streets
37 and sidewalks, or requiring the use of city equipment or services, or
38 the participation of city employees.
39
40 (5) Organized scheduled contests and exhibitions held on the sand
41 beaches of the city.
42
43 (6) Marine events, including any prescheduled organized concentration
44 of watercraft, involving participants and/or spectators, of a
45 competitive or noncompetitive nature, which may interfere with
46 ordinary navigation or require supplementary regulation by federal,
47 state or city authorities.
48
49 (7) Scheduled races, exhibitions or other events involving the operation
50 of motorized vehicles of any type.
51
52 (8) Scheduled gatherings of two hundred (200) or more persons on
53 any public property, other than parks.
54
55 (9) Activities or events requiring a variance from the regulations for
56 parks promulgated by the director of parks and recreation.
57
58 (10) Organized camps, athletic leagues or games, exercise classes, or
59 other instruction, education or recreational activities or events
60 which take place on city property in the Resort Area or on the sand
61 beaches of the city, for which a fee is collected by a for-profit event
62 organizer, sponsor, or producer, and which include three or more
63 individuals paying to participate in the activity or event.
64
65 (11) Organized horseback riding events held on the sand beaches of the
66 city; provided, however, that no such permit shall be issued unless
67 (i) the applicant is a 501(c)(3) charitable organization, (ii) the event
68 is held between November 1 and May 1, and (iii) the event lasts no
69 longer than one day. The restrictions contained in section 6-12 shall
70 not apply to activity authorized by such a permit.
71
72 (12) Aqritourism activities allowed pursuant to section 401(a) of the City
73 Zoning Ordinance, but not including aqritourism activities requiring
74 a conditional use permit or allowed pursuant to section 401(c) of
75 the City Zoning Ordinance.
76
2
77
78 COMMENT
79 The ordinance provides that the agritourism activities referenced in subsection (12) are
80 subject to the Special Events Ordinance, thereby requiring a Special Events Permit. Such
81 agritourism activities are generally those in which more than 250 persons are in attendance at any
82 one time and which are held between one and three time per year. Such activities, if held more
83 than three times per year, require a conditional use permit, and agritourism activities where fewer
84 than 250 people are in attendance may be conducted as a matter of right.
85
86
87 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
88 , 2014.
CA -13032
R-1
May 23, 2014
APPROVED AS TO CONTENT:
4/1"
strategic Growth Area Office
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
3
ITEM: ARP Ordinance Section 4 — Definition of "Agricultural Use"
MEETING DATE: June 17, 2014
• Background: During its 2014 Regular Session, the General Assembly enacted
legislation that significantly constricted the City's authority to regulate agritourism
activities conducted on agricultural land. The City Staff has responded by drafting
appropriate amendments to the City Zoning Ordinance and by drafting amendments to
the City's ARP Ordinance to make corresponding changes to the City's Agricultural
Reserve Program (ARP).
The City's Agricultural Advisory Commission has recommended that the
agritourism activities allowed by the amended CZO be permitted on property in the
ARP; this ordinance implements that recommendation.
• Considerations: The proposed amendments to the City's ARP Ordinance
change the Ordinance's definition of the term "agricultural use" to allow all agritourism
activities permitted by the CZO to be conducted on ARP land. While this has always
been the case, the activities that are allowed under the CZO amendments have been
expanded, and thus there will be an attendant expansion of agritourism activities
allowed on ARP land. All such activities, however, are agricultural in nature and
positively contribute to the ARP's goal of preserving agriculture in the rural portion of the
City.
• Public Information: The entire subject of agritourism activities, including the
CZO amendments and the associated ARP amendments, were the subject of a public
notification process and an Agricultural Advisory Commission meeting that was well -
attended by interested members of the agricultural community.
• Recommendations: Adoption of ordinance
• Attachments: Ordinance
Recommended Action: Adoption of ordinance
Submitting DepartmentlAgency: Department of Agriculture
City Manage ---- `�y
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Ordinance Approving Second Modification to the Town Center Phase V
Development Agreement.
MEETING DATE: June 17, 2014
• Background: The Town Center Project (the "Project") has been a long-term
priority for the City of Virginia Beach (the "City"). The City Council first recognized the
importance of the Project in the Central Business District of the City when it adopted r�;e
Comprehensive Plan on November 4, 1997. On November 23, 1999, the City Cour ,!
adopted the Central Business District — South Tax Increment Financing District (the
"TIF") with the intent of entering into an agreement with a developer and using the funds
to help pay for the City's participation in the Project.
At its February 8, 2000 meeting, the City Council approved a Development Agreement
for Phase I of the Project containing the rights and obligations of the Virginia Beach
Development Authority (the "Authority") and Town Center Associates, L.L.C. (the
"Developer"). Phases I, II and III of the Project have been authorized and completed.
Phase IV of the Project was authorized but expired before it commenced.
On November 12, 2012, City Council approved the Phase V Development Agreement.
Phase V of the Project proposed a single -block development on Block 11 of the Project.
On February 20, 2013, City Council approved the First Modification to the Phase V
Development Agreement. As set forth in the Phase V Development Agreement, as
modified by the First Modification, Phase V must contain:
Single -block, Multi -facility, Mixed-use Development / Main Building: 15 Stories
• Parking Garage, approx. 950 spaces (6 levels)
• Office Tower (9 levels above garage)
• Apartments above ground -level parking (4 floors- approximately
290 units)
• Ground -floor retail space, approx. 21,400 square feet
• Private investment of $84.4 million.
■ Considerations: The Developer is proposing a second modification to Phase V
to realign the parking garage and retail space on the first floor of the structure. The
proposal would decrease the size of the parking garage by twenty-three (23) parking
spaces while increasing the size of the retail space by approximately 5,257 square feet.
This realignment will be accomplished by moving the wall separating the retail space
and parking garage. The costs of this change are estimated at $100,000 and would be
added to the maximum garage costs paid by the Authority from TIF funds for a total
maximum garage cost of $20,100,000.
The Developer has requested this second modification to allow it to finalize lease
commitments from several retail tenants. Anthropologie has agreed to locate in the
Phase V retail space, subject to co -tenancy requirements. Those requirements will '-)e
met by the location of a high-end furniture store into the Phase V retail space and the
location of several other retailers, including Lululemon and Free People, in adjacer:t
blocks of the Project.
The furniture store's layout and size requirements necessitate the realignment of the
Phase V retail space and parking garage requested by this second modification.
City staff has estimated that the retail space in Phase V (Anthopologie and a to be
determined high-end restaurant and high-end furniture store) will generate over
$975,000 in sales, personal property and BPOL taxes annually (with the City and
schools retaining approximately $430,000). The Phase V retail space is expected to
contribute $33,883 annually to the TIF.
The Authority will consider the second modification, subject to Council approval, at its
meeting on the morning of June 17, 2014.
• Public Information: Advertisement of City Council Agenda.
• Recommendations: Approve the second modification of the Phase V
Development Agreement.
• Alternatives: Deny the modification or amend the modification.
• Attachments: Ordinance
Summary of Terms
Recommended Action: Approval
Submitting Department/Agency: Economic Development
City Manager���-�5
1 ORDINANCE APPROVING SECOND
2 MODIFICATION TO THE TOWN CENTER
3 PHASE V DEVELOPMENT AGREEMENT
4
5 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of
6 Virginia Beach Development Authority (the "Authority"), the City Manager and City
7 staff have engaged in extensive negotiations with representatives of Armada/Hoffler
8 Development Company, L.L.C. and its affiliates, regarding the continued
9 development of the Central Business District Project known as "The Town Center of
10 Virginia Beach" (the "Project");
11
12 WHEREAS, the Project is a development arrangement between the Authority
13 and Town Center Associates, L.L.C. (the "Developer"), for a mixed-use commercial
14 development utilizing the structure of an economic development park in the B -3A
15 Pembroke Central Business Core District, an area of the City that is zoned to
16 optimize development potential for a mixed-use, pedestrian -oriented, urban activity
17 center with mid -to -high-rise structures that contain numerous types of uses,
18 including business, retail, residential, cultural, educational and other public and
19 private uses;
20
21 WHEREAS, on November 23, 1999, the City Council adopted Ordinance No.
22 99-2567B establishing the Central Business District —South Tax Increment Financing
23 Fund (the "TIF");
24
25 WHEREAS, Phases I, II and III of the Project have been completed, and
26 Phase IV of the Project has expired;
27
28 WHEREAS, Phase V of the Project was approved by City Council on
29 November 13, 2012, and by the Authority on November 20, 2012;
30
31 WHEREAS, the First Modification to Phase V was approved by City Council
32 on February 20, 2013, and by the Authority on March 19, 2013;
33
34 WHEREAS, the Developer has approached representatives of the City and
35 the Authority about changing the configuration of Phase V;
36
37 WHEREAS, on June 17, 2014, the Authority approved the requested second
38 modification to the Phase V Development Agreement, subject to final approval by
39 City Council;
40
41 WHEREAS the City Council finds that reconfiguring Phase V of the Project
42 will stimulate the City's economy, increase public revenues, enhance public
43 amenities and further the City's development objectives for the Central Business
44 District, and provide necessary components to further the goals contained in the
45 City's Guidelines for Evaluation of Investment Partnerships for Economic
46 Development; and
47 WHEREAS, the City Council hereby approves the second modification to
48 Phase V of the Project as set forth on the Second Amended Summary of Terms
49 attached hereto.
50
51 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
52 VIRGINIA BEACH, VIRGINIA;
53
54 1. That the second modification to the Phase V Development Agreement
55 is hereby approved, so long as such modifications are consistent with the Second
56 Amended Summary of Terms attached hereto as Exhibit A, and incorporated herein,
57 and such other terms, conditions or modifications as may be acceptable to the City
58 Manager and deemed legally sufficient by the City Attorney.
59
60 2. That the City Manager and the City Attorney are hereby authorized and
61 directed to proceed with the preparation of any and all documents necessary and
62 appropriate to implement the second modification to the Phase V Development
63 Agreement (the "Phase V Second Modification Documents") consistent with the
64 Second Amended Summary of Terms.
65
66 3. That the City Manager, or his designee, is authorized to execute and
67 deliver any and all Phase V Second Modification Documents to which the City is a
68 necessary party, so long as such Phase V Second Modification Documents are
69 consistent with the Second Amended Summary of Terms and are acceptable to the
70 City Manager and are in a form deemed satisfactory by the City Attorney.
71
72 4. The City Manager is authorized to modify the Phase V Second
73 Modification Documents to which the City is a party to the extent such modifications
74 may be technical in nature, provided that after such modifications, the Phase V
75 Second Modification Documents shall remain in substantial conformity with the
76 Phase V Development Agreement and such modifications are acceptable to the City
77 Manager and in a form deemed satisfactory by the City Attorney.
78
79
80 day of , 2014.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
APPROVED AS TO L
SUFFICIENCY
City Attorney
CA12963
R-1
June 10, 2014
APPROVED AS TO CONTENT
Economic Development
APPROVED AS TO FUNDS
ALILABILITY
Finance Department
EXHIBIT A
SECOND AMENDED SUMMARY OF TERMS
(TOWN CENTER — SECOND MODIFICATION TO
PHASE V DEVELOPMENT AGREEMENT)
Phase V of the Town Center Project will consist of a single -block, mixed-use
development on Block 11 of Town Center
CURRENT TERMS
1. Scope of Proposed Improvements
Single -block, Multi -facility, Mixed-use Development / Main Building: 15 Stories
• Parking Garage, approx. 950 Spaces (6 levels)
• Office Tower, approximately 213,000 sq.ft. (9 levels above garage)
• Apaitiuents above ground -level parking (4 floors - approximately 290
units)
• Retail, Main Lobby and Apaitnlent Lobby (approximately 21,400 sq.
ft.)
2. Developer Obligations
A. Construct all improvements:
• Office Tower
• Main Lobby
• First Floor Retail
• Parking Garage
• Apartments
• Streetscapes
B. Estimated Private Investment: $84.4 million
C. Make payments totaling $3,850,000 between 2015 and 2023 to the
Authority to prevent a shortfall in the TIF. Developer payment to be
offset by construction of improvements on Block 9.
3. Authority Obligations
A. Pay for Infrastructure Improvements:
• Estimated Cost: $1,000,000
• To include streetscapes, utilities, traffic signals
B. Lease 1 floor in new 16 -story Office Tower.
• Leased Area: — 20,000 square feet
• VBDA's rent— Starting at $28.25 per square foot
• Rate not to be higher than anchor tenant
C. Purchase Parking Garage:
• Estimated Cost: not to exceed $20 million
• Exact price to be determined based on construction costs
4. Other Terms:
A. New Office Tower to be anchored by Clark Nexsen.
• Leasing 4 full floors
• Anticipate approx. 350 employees to relocate to Virginia Beach
B. Developer to construct a temporary parking lot on Block 9 to partially
replace spaces lost during construction. Cost to be split between
Developer and Authority (Authority's share, estimated at $75,000, to
come from $1 million infrastructure budget).
PROPOSED MODIFICATIONS
5. Realignment of Retail and Parking:
A. Parking garage to contain up to 927 spaces (23 -space reduction).
B. Retail space to increase by approx. 5,257 square feet for a total of 26,657.
C. Cost to realign garage/retail approx. $100,000 to be added to garage costs
and paid by Authority from TIF Funds (total Authority cost for garage not
to exceed $20,100,000).
CITY OF VIRGINIA BEACH
AGENDA ITEM
J
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: June 17, 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 World War 11 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.
AS TO LEGAL SUFFICIENCY:
CA13001
R-2
May 1,2014
,u r
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize Temporary Encroachments into a portion of an
existing City drainage easement into a waterway known as North Bay, located at
the rear of 361 Back Bay Crescent, for Joan R. Davis, Trustee of the Joan R.
Davis Lifetime Qualified Terminable Interest Property (QTIP) Trust
MEETING DATE: June 17, 2014
• Background:
Joan R. Davis, Trustee for the Joan R. Davis Lifetime QTIP Trust, dated October
22, 2008, has requested permission to maintain an existing marginal wharf,
covered boat lift and a 10' x 14' dock, into a portion of an existing City drainage
easement into a waterway known as North Bay (Western -edge of Sandbridge),
located at the rear of 361 Back Bay Crescent.
There are similar encroachments in North Bay — and in other bodies of water
located in Sandbridge — which is where Ms. Davis has requested to encroach.
Several Council approved encroachment agreements and construction permits
were identified for these encroachments.
• Considerations:
City Staff has reviewed the requested encroachments and has recommended
approval of same, subject to certain conditions outlined in the Agreement.
The applicant currently maintains an existing vegetated riparian buffer that has
been reviewed and approved by the Department of Planning/Environment and
Sustainability Office. The existing buffer consists of a mulched planting bed,
which runs primarily along the shoreline adjoining the applicant's property.
However, this buffer does not extend for the full shoreline. In accordance with
the recommendations of City Council to help address water quality protection in
conjunction with temporary encroachments onto City property, the requested
encroachments have been reviewed by the Department of Planning/Environment
and Sustainability Office. Staff is of the professional opinion that the full 15 -foot -
wide vegetated riparian buffer area cannot be established on the property.
Therefore, the applicant shall make a SEVEN HUNDRED AND FIFTY DOLLAR
($750.00) payment, payable to the City Treasurer, to the Department of Planning
as compensation for the riparian buffer area that cannot be established on the
applicant's property. This payment will be used to restore buffer areas on other
City -owned property.
• Public Information:
Advertisement of City Council Agenda
• Alternatives:
Approve the encroachments as presented, deny the encroachments, or add
conditions as desired by Council.
• Recommendations:
Approve the request subject to the terms and conditions of the Agreement.
• Attachments:
Ordinance, Agreement, Exhibit, Pictures and Location Map
Recommended Action: Approval of the ordinance.
Submitting Department/Agency: Public Works/Real Estate
1
City Manager:
P4,
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF AN EXISTING
6 60' CITY DRAINAGE EASEMENT INTO
7 A WATERWAY KNOWN AS NORTH
8 BAY, LOCATED AT THE REAR OF 361
9 BACK BAY CRESCENT, FOR JOAN R.
10 DAVIS, TRUSTEE OF THE JOAN R.
11 DAVIS LIFETIME QUALIFIED
12 TERMINABLE INTEREST PROPERTY
13 (QTIP) TRUST
14
15 WHEREAS, Joan R. Davis, Trustee of the Joan R. Davis Lifetime QTIP Trust,
16 dated October 22, 2008, has requested on behalf of the Trust to maintain an existing
17 marginal wharf, covered boat lift and a 10' x 14' dock, upon a portion of a 60' City
18 drainage easement into a waterway known as North Bay (Western -edge of
19 Sandbridge), located at the rear of 361 Back Bay Crescent, in the City of Virginia
20 Beach, Virginia; and
21
22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
24 City's property subject to such terms and conditions as Council may prescribe.
25
26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Joan R. Davis, Trustee
30 Under The Joan R. Davis Lifetime QTIP Trust, its assigns and successors in title are
31 authorized to maintain temporary encroachments for an existing marginal wharf,
32 covered boat lift and a 10' x 14' dock, upon a portion of City property as shown on the
33 map marked Exhibit "A" and entitled: "LOCATION: NORTH BAY INLET FOR: JOAN
34 DAVIS 361 BACK BAY CRESCENT VIRGINIA BEACH, VA 23456 PROJECT: ATF
35 ROOF OVER PREVIOUSLY AUTHORIZED BOAT LIFT DATUM: 0.00 = MLW = -.04'
36 1929 NGVD DATE: JULY 30, 2011 REVISED: SEPTEMBER 21, 2011 PLAN VIEW
37 SCALE: 1" = 40' SHEET 2 OF 3", prepared by JOHN W. BLAKE, II, PROFESSIONAL
38 ENGINEER, a copy of which is on file in the Department of Public Works and to which
39 reference is made for a more particular description; and
40
41 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
42 subject to those terms, conditions and criteria contained in the Agreement between the
43 City of Virginia Beach and Joan R. Davis (the "Agreement"), which is attached hereto
44 and incorporated by reference; and
45
46 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
47 hereby authorized to execute the Agreement; and
48
49 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
50 time as Joan R. Davis, Trustee and the City Manager or his authorized designee
51 execute the Agreement.
52
53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
54 Of , 2014.
CA -11964
R-1
PREPARED: 06/04/2014
APPROVED AS TO CONTENTS
�. L C�•��5��
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
R_, LIC WORKS, REAL ESTATE DANA_: 'AR YER,
ASSOCIATE CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 22nd day of May, 2014, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and JOAN R. DAVIS, TRUSTEE, UNDER
THE JOAN R. DAVIS LIFETIME QTIP TRUST, dated October 22, 2008, ITS
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 55, Section 3, Back Bay Meadows", as shown on
that certain plat entitled: "SECTION 3, BACK BAY MEADOWS, PROPERTY OF
NORTH BAY DEVELOPMENT CORPORATION, PRINCESS ANNE BOROUGH,
VIRGINIA BEACH, VA. SCALE 1" = 100', prepared by W. B. Gallup, Certified Land
Surveyor," and said plat is recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated,
known, and described as 361 Back Bay Crescent, Virginia Beach, Virginia 23456;
WHEREAS, it is proposed by the Grantee to maintain an existing marginal
wharf, covered boat lift and a 10' x 14' dock, collectively, the "Temporary
Encroachments", in the City of Virginia Beach; and
GP IIV'J: 24.33-27-3415-0000; (CITY PROPERTY KNOWN AS A le.I T Y
DRAINAGE EASEMENT)
2433-22-3992-0000; (361 Back Bay Crescent)
WHEREAS, in constructing and maintaining the Temporary
Encroachments, it is necessary that the Grantee encroach into a portion of an existing
City drainage easement into a waterway known as North Bay, located at the rear of 361
Back Bay Crescent known as Back Bay Meadows, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachments within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachments.
It is expressly understood and agreed that the Temporary Encroachments
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
Temporary Encroachments into the Encroachment Area as
shown on that certain exhibit plat entitled: "LOCATION:
NORTH BAY INLET FOR: JOAN DAVIS 361 BACK BAY
CRESCENT VIRGINIA BEACH, VA 23456 PROJECT: ATF
ROOF OVER PREVIOUSLY AUTHORIZED BOAT LIFT
DATUM: 0.00 = MLW = -.04' 1929 NGVD DATE: JULY 30,
2011 REVISED: SEPTEMBER 21, 2011 PLAN VIEW
SCALE: 1" = 40' SHEET 2 OF 3", prepared by JOHN W.
BLAKE, II, PROFESSIONAL ENGINEER, a copy of which is
attached hereto as Exhibit "A" and to which reference is
made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachments from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachments must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shah be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachments.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachments so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Department of Planning prior to commencing any construction within
the Encroachment Area (the "Permit").
3
It is further expressly understood and agreed that the Grantee shall
maintain an existing vegetated riparian buffer, which is a minimum of 15 feet in width
landward from the shoreline, and runs a total of 15 feet in length (225 sq. ft.) along the
shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs
and perennial plants (the "Buffer") of a size and species of the Grantee's choice. An
access path, stabilized appropriately to prevent erosion, through the Buffer to the
shoreline is allowed.
It is further expressly understood and agreed that the Grantee shall make
a SEVEN HUNDRED AND FIFTY DOLLAR ($750.00) payment, payable to the City
Treasurer, to the Department of Planning/Environment and Sustainability Office as
compensation for the 600 sq. ft. riparian buffer area that cannot be established on the
property of the Grantee; said buffers are a standard condition of the City for shoreline
encroachments. Said payment is equal to partial cost of plant material which will be
used to restore buffer areas on other City -owned property elsewhere in the Back Bay
watershed.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
4
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachments.
It is further expressly understood and agreed that the Temporary
Encroachments must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachments sealed by a registered professional engineer, if required
by either the Department of Public Works City Engineer's Office or the Engineering
Division of the Department of Public Utilities.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachments and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachments; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachments are
allowed to continue thereafter, and may collect such compensation and penalties in any
manner provided by law for the collection of local or state taxes.
5
IN WITNESS WHEREOF, Joan R. Davis, Trustee Under The Joan R.
Davis Lifetime QTIP Trust, dated October 22, 2008, the said Grantee, has caused this
Agreement to be executed by her signature. Further, that the City of Virginia Beach has
caused this Agreement to be executed in its name and on its behalf by its City Manager
and its seal be hereunto affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
6
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2014, by
CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRG!N!A BEACH to -:Alit:
The foregoing instrument was acknowledged before me this day of
, 2014, by
CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
7
JOAN R. DAVIS
By
STATE OF \11t&tNtA
J •A DAVIS, TUSTEE UNDER
TH JOAN R. D A VIS LIFETIME
QTIP TRUST
CITY/CO-UN-TY OFV t 11, - UJ ► A fp.-CA- , to -wit:
The foregoing instrument was acknowledged before me this 7.1 day of
Ail A y , 2043, by Joan R. Davis, Trustee Under The Joan R. Davis Lifetime
QTIP Trust.
MELISSA H. KELLEY
NOTARY PUBLIC 7561926
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES FEBRUARY 28, 2017
Notary Registration Number: 15 Le 1 cri--)(to
My Commission Expires: 2 12 /2-01-7
(SEAL)
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
al
NATURE DAN ' . ARM YER,
ASSOCIATE CITY ATTORNEY
IKEni
DEPARTMENT
8
APO 3
N
PLAN VIEW
SCALE: 1" = 40'
NORTH BAY
EXISTING MARGINAL WHARF
ATF ROOF OVER EXISTING BOAT LIFT
15'11'x24'6'
EXISTING 10' X 14' DOCK
f
FLOOD
EBB\
1
•
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APO1
EXISTING SFR
#361
EXISTING
BULKHEAD
APO 2
CONCRETE
DRIVEWAY
BACK BAY CRESCENT
50' RAN
REVISED: SEPTEMBER 21, 2011
APOs
HENRY & CONSTANCE RICHESON
2. FRED JENKINS
3. USFWS — BACK BAY NWR
LOCATION: NORTH BAY INLET
FOR: JOAN DAVIS
361BACK BAY CRESCENT
VIRGINIA BEACH. VA 23456
PROJECT: ATF ROOF OVER
PREVIOUSLY AUTHORIZED
BOAT LIFT
DATUM: 0.00 = MLW = -.04' 1929 NGVD
DATE JULY 30, 2011 SHEET 2 CR
361 Back Bay Crescent (Davis)
GPIN 2433-22-3992
12433-223992
Legend
City Property
LOCATION MAP
ENCROACHMENT REQUEST
FOR JOAN R. DAVIS
361 BACK BAY CRESCENT
GPIN 2433-22-3992
CIIMMIFee1
0 50 100 200
Nepared or PW/Eng,eng SUPpo Seances Bane. ut
n: Apecc ,ARC F9esAGENDA ka..fl.G Bay CA2433-22.3992 mxd
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City
right-of-way known as Red Tide Road, by The Breakers II Condominium
Association, Inc.
MEETING DATE: June 17, 2014
• Background:
The Breakers II Condominium Association, Inc. has requested permission to
remove, replace and maintain the second floor balcony decks, to maintain a vinyl
privacy fence (6 ft.), a portion of the building and a portion of an HVAC unit, all
currently existing in a portion of the City right-of-way known as Red Tide Road.
• Considerations:
City Staff has reviewed the requested encroachments and has recommended
approval of same, subject to certain conditions outlined in the Agreement.
This item was presented to the Board of Zoning Appeals ("the BZA") at its
meeting on January 15, 2014, and approved subject to certain conditions,
including obtaining an encroachment for the fence.
• Public Information:
Advertisement of City Council Agenda
• Alternatives:
Approve the encroachments as presented, deny the encroachments, or add
conditions as desired by Council.
• Recommendations:
Approve the request subject to the terms and conditions of the Agreement.
• Attachments:
Ordinance, Agreement, Exhibit, Pictures and Location Map
Recommended Action: Approval of the ordinance.
Submitting Department/Agency: Public Works/Real Estate U P
City Manager: S4- • "R /�
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF THE CITY
6 RIGHT-OF-WAY KNOWN AS RED
7 TIDE ROAD, BY THE BREAKERS II
8 CONDOMINIUM ASSOCIATION, INC.
9
10 WHEREAS, The Breakers II Condominium Association, Inc. desires to remove,
11 replace and maintain the second floor balcony decks, to maintain a vinyl privacy fence
12 (6 ft.), a portion of the building and a portion of an HVAC unit, all currently existing
13 within the City right-of-way, located in the 2300 block of Red Tide Road, in the City of
14 Virginia Beach, Virginia; and
15
16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
18 City's right-of-way subject to such terms and conditions as Council may prescribe.
19
20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, The Breakers II
24 Condominium Association, Inc. its assigns and successors in title are authorized to
25 maintain temporary encroachments to remove, replace and maintain second floor
26 balcony decks, maintain a vinyl privacy fence (6 ft.), a portion of the building and a
27 portion of an HVAC unit, into a portion of an existing City right-of-way known as Red
28 Tide Road as shown on the map marked Exhibit "A" and entitled: "EXHIBIT A,
29 ENCROACHMENT OF A PORTION OF THE BREAKERS II CONDOMINIUMS ONTO
30 THE RIGHT-OF-WAY OF RED TIDE ROAD, VIRGINIA BEACH, VIRGINIA Date:
31 02/20/14 (Revised 3-21-2014) Scale: 1" = 10' Sheet 1 of 2," a copy of which is on file in
32 the Department of Public Works and to which reference is made for a more particular
33 description; and
34
35 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
36 subject to those terms, conditions and criteria contained in the Agreement between the
37 City of Virginia Beach and The Breakers II Condominium Association, Inc. (the
38 "Agreement"), which is attached hereto and incorporated by reference; and
39
40 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
41 hereby authorized to execute the Agreement; and
42
43 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
44 time as The Breakers II Condominium Association, Inc. and the City Manager or his
45 authorized designee execute the Agreement.
46
47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
48 of , 2014.
CA -12940
R-1
PREPARED: 5/21/14
APPROVED AS TO CONTENTS
DA
4n6 3id(1y
PUBLIC WORKS / REAL ESTATE
DEPARTMENT / DIVISION
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
EYER,
AS •CIATE CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 3rd day of June, 2014, by and between the
CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of
Virginia, Grantor, "City", and THE BREAKERS II CONDOMINIUM ASSOCIATION, INC., a
Virginia non -stock corporation, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee",
even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "LOTS 4, 5, & 6, BLOCK E"; as shown on that certain
plat entitled: "PLAT OF BREAKERS II CONDOMINIUMS LOTS 4, 5, & 6, BLOCK E,
LYNNHAVEN BEACH, LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA Date: 10-
4-83 Scale: 1" = 25'," prepared by Engineering Services, Inc., and said plat is recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book
171, at page 51, and being further designated, known, and described as 2300 — 2314
Catamaran Court, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to remove, replace and maintain
the second floor balcony decks to encroach 0.1' — 0.4', to maintain a vinyl privacy fence (6
ft.) encroaching 0.6' — 0.8', a portion of the building encroaching 0.4' and a HVAC unit
encroaching 0.1', all currently existing, collectively, the "Temporary Encroachments", in the
City of Virginia Beach; and
GPIN: (CITY RIGHT- OF- WAY — NO GPIN REQUIRED OR ASSIGNED)
1590-10-9689-0000; (Condo Association Master for 2300-2314
Catamaran Court)
I
WHEREAS, in constructing and maintaining the Temporary Encroachments,
it is necessary that the Grantee encroach into a portion of an existing City right-of-way
known as Red Tide Road, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachments within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the
City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachments.
It is expressly understood and agreed that the Temporary Encroachments
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications and
approval and is more particularly described as follows, to wit:
Temporary Encroachments into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A,
ENCROACHMENT OF A PORTION OF THE BREAKERS II
CONDOMINIUMS ONTO THE RIGHT-OF-WAY OF RED TIDE
ROAD, VIRGINIA BEACH, VIRGINIA Date: 02/20/14 (Revised
3-21-2014) Scale: 1" = 10'," said exhibit plat consist of two (2)
sheets, a copy of which is attached hereto as Exhibit "A" and to
which reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachments from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachments herein authorized terminates upon notice by the City to the Grantee, and
2
that within thirty (30) days after the notice is given, the Temporary Encroachments must be
removed from the Encroachment Area by the Grantee; and that the Grantee will bear all
costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and against
all claims, damages, losses and expenses, including reasonable attorney's fees, in case it
shall be necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachments.
It is further expressly understood and agreed that nothing herein contained
shall be construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited extent
specified herein, nor to permit the maintenance and construction of any encroachment by
anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachments so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must submit
and have approved a traffic control plan by Public Works Traffic Engineering before
commencing work in the Encroachment Area. This traffic control plan shall show where
work or work vehicles will encroach into the City right-of-way and must indicate proper
signs and barricades used for controlling traffic and pedestrians. The traffic plan must be
included with the right-of-way permit.
It is further expressly understood and agreed that the Grantee must obtain a
permit from the Civil Inspections Division of the Department of Planning prior to
commencing any construction within the Encroachment Area (the "Permit").
3
It is further expressly understood and agreed that prior to issuance of a right-
of-way/utility easement Permit, the Grantee must post a bond or other security, in the
amount of two times their engineer's cost estimate, to the Department of Planning to guard
against damage to City property or facilities during construction.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
Tess than $500,000.00, per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to the
City prior to the cancellation or termination of, or material change to, any of the insurance
policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with
relation to the construction, location, and/or existence of the Temporary Encroachments.
It is further expressly understood and agreed that the Temporary
Encroachments must conform to the minimum setback requirements, as established by the
City.
It is further expressly understood and agreed that the Grantee must submit
for review and approval, a survey of the Encroachment Area, certified by a registered
professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary
Encroachments sealed by a registered professional engineer, if required by either the
Department of Public Works City Engineer's Office or the Engineering Division of the
Department of Public Utilities.
It is further expressly understood and agreed that the City, upon revocation
of such authority and permission so granted, may remove the Temporary Encroachments
and charge the cost thereof to the Grantee, and collect the cost in any manner provided by
4
I"
law for the collection of local or state taxes; may require the Grantee to remove the
Temporary Encroachments; and pending such removal, the City may charge the Grantee
for the use of the Encroachment Area, the equivalent of what would be the real property
tax upon the land so occupied if it were owned by the Grantee; and if such removal shall
not be made within the time ordered hereinabove by this Agreement, the City may impose
a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day
that the Temporary Encroachments are allowed to continue thereafter, and may collect
such compensation and penalties in any manner provided by law for the collection of local
or state taxes.
IN WITNESS WHEREOF, the said Grantee, The Breakers II Condominium
Association, Inc., a Virginia non -stock corporation has caused this Agreement to be
executed in its corporate name and on its behalf by Marsha Aiken, its President. Further,
that the City of Virginia Beach has caused this Agreement to be executed in its name and
on its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2014, by
CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2014, by
CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
I
STATE OF U
CITY/GGEN-W 0
THE BREAKERS II CONDOMINIUM
ASSOCIATION, INC., a Virginia non -stock
corporation
By' 4,-
Marsha Aiken, President
, to -wit:
The foregoing instrument was acknowledged before me this
(SEAL)
tt�
day of
2014, by Marsha Aiken, as President of THE BREAKERS II
CONDOMINIUM ASSOCIATION, INC., a Virginia non -stock corporation.
Notary Registration Number: 7 34 gO2
My Commission Expires:
APPROVED AS TO CONTENTS
DAT
C,N.31,tim 3,
PUBLIC WORKS / REAL ESTATE
DEPARTMENT / DIVISION
Notary Publi
7
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•
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
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ITEMS: (1) An Ordinance to authorize Temporary Encroachments into a portion of
City property known as Bass Inlet -East, located at the rear of 2805
Sandpiper Road, for property owners David L. Merritt and Bonnie A.
Merritt
(2) An Ordinance to authorize Temporary Encroachments into a portion of
City property known as Bass Inlet -East, located at the rear of 2805
Sandpiper Road, for property owner of 301 Tuna Lane, Deborah M.
Costello
MEETING DATE: June 17, 2014
• Background:
The original application for the encroachments at the rear of 2805 Sandpiper
Road was filed in 2007. In the intervening years, David L. Merritt and Bonnie A.
Merritt, owners of 2805 Sandpiper Road, and Deborah M. Costello, owner of 301
Tuna Lane, have been engaged in litigation, naming the City as a party to such
proceedings. The litigation primarily concerns a 10' by 20' strip of land accessing
two wood decks, a pier, a walkway, a wood piling and a wood retaining wall. As a
result of mediation, the Merritts and Ms. Costello are pursuing these two
encroachments amicably.
As set forth herein, David L. Merritt and Bonnie A. Merritt, owners of 2805
Sandpiper Road, request permission to remove an existing (vinyl) fence (located
on the property line) and construct and maintain a proposed wood fence for an
encroachment into a portion of City property. Deborah M. Costello, owner of 301
Tuna Lane, requests permission to maintain existing encroachments upon Bass
Inlet -East including two (2) existing wood decks (3.2' X 7.3' and 8.2' X 16.0'), a
walkway, wood piling and a wood retaining wall. The wood pier and access
walkway have existed for over twenty years.
There are similar encroachments in Sandbridge Shores, which is where Mr. and
Mrs. Merritt and Ms. Costello have requested to encroach.
• Considerations:
City staff has reviewed the requested encroachments and has recommended
approval of same, subject to certain conditions outlined in the Agreement.
In accordance with the recommendations of City Council to help address water
quality protection in conjunction with temporary encroachments onto City
property, the requested encroachments have been reviewed by the Department
of Planning/Environment and Sustainability Office. The applicants, Mr. and Mrs.
Merritt have indicated that they do not desire to install the staffs recommended
15 -foot -wide vegetated riparian buffer. Therefore, the applicant shall make a
TWO HUNDRED EIGHTY FIVE DOLLAR ($285.00) payment, payable to the City
Treasurer, to the Department of Planning/Environment and Sustainability Office
as compensation for the riparian buffer area that the applicant's desire not to
install on their property. This payment will be used to restore buffer areas on
other City -owned property.
■ Public Information:
Advertisement of City Council Agenda
• Alternatives:
Approve the encroachments as presented, deny the encroachments, or add
conditions as desired by Council.
• Recommendations:
Approve the request subject to the terms and conditions of the Agreement.
■ Attachments:
Ordinances (2), Agreements (2), Exhibit, Pictures and Location Map
Recommended Action: Approval of the ordinance.
Submitting Department/Agency: Public Works/Real Estate Fck
City Manager:
I
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
5 INTO A PORTION OF CITY
6 PROPERTY KNOWN AS BASS INLET -
7 EAST, LOCATED AT THE REAR OF
8 2805 SANDPIPER ROAD, FOR
9 PROPERTY OWNER OF 301 TUNA
10 LANE, DEBORAH A. COSTELLO
11
12 WHEREAS, Deborah A. Costello desires to maintain two (2) existing wood decks
13 (3.2' X 7.3' and 8.2' X 16.0'), a walkway, wood piling and a wood retaining wall upon a
14 portion of City property known as Bass Inlet -East, located at the rear of 2805 Sandpiper
15 Road, in the City of Virginia Beach, Virginia; and
16
17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
19 City's property subject to such terms and conditions as Council may prescribe.
20
21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Deborah M. Costello, her
25 heirs, assigns and successors in title are authorized to maintain temporary
26 encroachments to maintain two (2) existing wood decks (3.2' X 7.3' and 8.2' X 16.0'), a
27 walkway, wood piling and a wood retaining wall upon a portion of existing City property
28 known as Bass Inlet -East, as shown on the map marked Exhibit "A" and entitled:
29 "EXHIBIT A ENCROACHMENT PLAT EXISTING WOOD DECKS & PROPOSED
30 WOOD FENCE LOCATED IN BASS INLET EAST SANDBRIDGE SHORES M.B. 67 P.
31 44 M.B. 78 P. 50 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 20' DECEMBER 26, 2012
32 SHEET 1 OF 2 GALLUP SURVEYORS & ENGINEERS, LTD.," a copy of which is on
33 file in the Department of Public Works and to which reference is made for a more
34 particular description; and
35
36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
37 subject to those terms, conditions and criteria contained in the Agreement between the
38 City of Virginia Beach and Deborah M. Costello (the "Agreement"), which is attached
39 hereto and incorporated by reference; and
40
41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
42 hereby authorized to execute the Agreement; and
43
44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
45 time as Deborah M. Costello and the City Manager or his authorized designee execute
46 the Agreement.
47
48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
49 of , 2014.
CA -12784
R-1
PREPARED: 6/3/2014
APPROVED AS TO CONTENTS
Illi C . AuSCtfk.
NATURE
b .J1ti
DATE
PUBLIC WORKS / REAL ESTATE
DEPARTMENT / DIVISION
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
MEYER,
ASSOCIATE CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 15th day of May, 2014, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and DEBORAH M. COSTELLO, HER
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than
one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 43 — Parcel 1", as shown on that certain plat
entitled: "TRACT B — SECTION 3 SANDBRIDGE BEACH PRINCESS ANNE CO., VA.
Scale: 1" = 100' June 1960", prepared by W. B. Gallup — Surveyor, said plat is recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map
Book 51, at page 25, and "Parcel 2", as shown on that certain plat entitled:
"SANDBRIDGE SHORES SECTION 1A — NORTH AREA PRINCESS ANNE
BOROUGH VIRGINIA BEACH, VA. Scale: 1" = 100' Dec. 1, 1965", prepared by
PALMER L. SMITH C.L.S. VIRGINIA BEACH, VA., said plat is recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page
44, and being further designated, known, and described as 301 Tuna Lane, Virginia
Beach, Virginia 23456;
GPIN: 2433-33-0267-0000; (CITY PROPERTY KNOWN AS BASS INLET- EAST)
2433-26-8535-0000; (301 Tuna Lane — Lot 43 — Parcel 1)
2433-26-7580-0000; (Parcel 2)
WHEREAS, it is proposed by the Grantee to maintain two (2) existing
wood decks (3.2' X 7.3' and 8.2' X 16.0'), a walkway, wood piling and a wood retaining
wall (collectively), the "Temporary Encroachments", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachments, it is necessary that the Grantee encroach into a portion of City property
known as Bass Inlet -East, located at the rear of 2805 Sandpiper Road, the
"Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachments within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachments.
It is expressly understood and agreed that the Temporary Encroachments
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
Temporary Encroachments into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
ENCROACHMENT PLAT EXISTING WOOD DECKS &
PROPOSED WOOD FENCE LOCATED IN BASS INLET
EAST SANDBRIDGE SHORES M.B. 67 P. 44 M.B. 78 P. 50
VIRGINIA BEACH, VIRGINIA," prepared by BRUCE W.
GALLUP, LAND SURVEYOR, for GALLUP SURVEYORS &
ENGINEERS, LTD., said exhibit plat consists of two (2)
sheets, copies of which are attached hereto as Exhibit "A"
2
dated DECEMBER 26, 2012 SCALE: 1" = 20' and to which
reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachments from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachments herein authorized terminates upon notice by the City to the Grantee,
and that within thirty (30) days after the notice is given, the Temporary Encroachments
must be removed from the Encroachment Area by the Grantee; and that the Grantee
will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachments.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachments so as not to become unsightly or a hazard.
3
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Civil Inspections Division of the Department of Planning prior to
commencing any construction within the Encroachment Area (the "Permit").
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
Tess than $500,000.00, per person injured and property damage per Incident, combined
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachments.
It is further expressly understood and agreed that the Temporary
Encroachments must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, and/or "as built" plans of
the Temporary Encroachments sealed by a registered professional engineer, if required
by either the Department of Public Works City Engineer's Office or the Engineering
Division of the Department of Public Utilities.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
4
Encroachments and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachments; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachments are
allowed to continue thereafter, and may collect such compensation and penalties in any
manner provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Deborah M. Costello, the said Grantee, has
caused this Agreement to be executed by her signature. Further, that the City of Virginia
Beach has caused this Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2014, by
CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2014, by
CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
STATE OF tI I
CITY/,COLLpJTY OF Pa'i N\Ot`CA
, to -wit:
Deborah M. Costello, Owner
The foregoing instrument was acknowledged before me this IC day of
k ( , 2014, by Deborah M. Costello.
Notary Registration Number: 15 t, 3S
My Commission Expires: fQt3 3J � ao I`7
....:
--• I•v 1{,'
TAMEKA L TYE '.11...
Notary Public
Commonwealth of Virginia
7567235
My Commission Expires May 31, 2017
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
1T1'i}d' c
I NATURE
DEP RTMENT
7
ASSOCIATE CITY ATTORNEY
1
N/F
C. BISHOP KNOTT, JR.
I.N. 200303050033642
LOT 3
M.B. 67 P. 44
2433-26-6353
S 10'43'00' E
PROPERTY OF
CITY OF VIRGINIA BEACH
"BASS INLET EAST"
(M.B. 67 P. 44)
48. 78 P. 50)
SEE DETAIL ON
SHEET 2
y
10' PUSUC DRAINAGE &
UTILITY EASEMENT EDGE OF
M.B. 51 P. 25 WATER
DECKS
S 10'48'00 E
N/F
TRY STAR, LLC
I.N. 200503040033429
LOT 2
M.B. 78 P. 50
2433-26-6412
N/F
DOREEN R. KAHL
UVING TRUST DATED 5/9/05
I.N. 200507050101805
LOT 1
M.B. 78 P. 50
2433-26-7427
' TELEP.ONE
UNE EASEHMENT
M.B. 67 P. 44
N 10'48'00' W 130.00'
---— CEARCEL�— -- --g
Wood R4U. WALtp 4O0 _ e 70.00' I° _-_r
N/F
REUBIN & BETTY G.
MANNING
D.B. 2545 P. 704
LOT 41
M.B. 41 P. 7
2433-26-9309
I
u)
tv0
N/F
DAVID L & BONNIE A. g
MERRITT
I.N. 20080421000457340
LOT 42
M.B. 51 P. 25
2433-28-8487
a
0
(43)
N/F
DEBORAH M.
COSTELLO
D.B. 4250 P. 368
LOT 43
M.B. 51 P. 25
and
PARCEL 1
M.B. 67 P. 44
2433-26-8535
93
0
S 10'48'00' E
SANDPIPER ROAD (60' R/W)
48. 67 P. 44)
EXHIBIT A
ENCROACHMENT PLAT
EXISTING WOOD DECKS & PROPOSED WOOD FENCE
LOCATED IN
BASS INLET EAST
SANDBRIDGE SHORES
M.B. 67 P. 44
M.B. 78 P. 50
VIRGINIA BEACH, VIRGINIA
SCALE 1' 40' DECEMBER 26, 2012
IC 37-3
GAC4d . htaM00\06104.OWG,12/2812012 8:0630 AM,
GALLUP
SURVEYORS & ENGINEERS, LTD.
315 FlRST OOLONAL ROAD
1ARORIA emit %ORM 23454
(757)428-0132
1
1
2
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R,-10.00'
L=15.71'
SHEET 1 OF 2
"BASS INLET EAST"
EXIST. 3.2'x7.3' WOOD DECK
EXIST. 8.2'x16.0' W000 DECK
EXIST. WOOD PILING
10' PUBLIC DRAINAGE &
UTILITY EASEMENT
M.B. 51 P. 25
O
O
N/F
DOREEN R. KAHL
LIVING TRUST DATED 5/9/05
N 10'48'00" W
EDGE OF
WATER \.' •� 17'
•
.• w
EXIST. WOOD RET. WALL-- 4 60.00'
REMOVE EXISTING FENCE
S 10'48'00° E
N/F
REUBIN & BETTY G.
MANNING
N /F
DAVID L. & BONNIE A.
MERRITT
EXHIBIT A
ENCROACHMENT PLAT
EXISTING WOOD DECKS & PROPOSED WOOD FENCE
LOCATED IN
BASS INLET EAST
SANDBRIDGE SHORES
M.B. 67 P. 44
M.B. 78 P. 50
VIRGINIA BEACH. VIRGINIA
SCALE: 1 ° - 20' DECEMBER 26. 2012
GALLUP
SURVEYORS & ENGV4EERS. LTD.
315 MRST COLCIIM. ROAD
MON. BEAM MRSINIA 43454
(75T42e-e132
SHEET 2 OF 2
GAMS - 399:400W0.104.DWG,12/28/2012 2:49:57 PM, 1.•20, BWG
LL
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X:\CADD\Proiects\ARC Files\AGENDA MAPS\Sandpiper Rd\2433-26-8467\2433-26-8535.mxd
ices Bureau 06/04/2014
Prepared by P.W./Eng./Eng. Support Se
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GPIN 2433-26-8535 and 2433-26-7580
:11•••
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City Property
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS
s INTO A PORTION OF CITY
6 PROPERTY KNOWN AS BASS INLET -
7 EAST, LOCATED AT THE REAR OF
8 2805 SANDPIPER ROAD, FOR
9 PROPERTY OWNERS DAVID L.
10 MERRITT AND BONNIE A. MERRITT
11
12 WHEREAS, David L. Merritt and Bonnie A. Merritt desire to remove an existing
13 fence (located on the property line) and construct and maintain a proposed wood fence
14 upon a portion of City property known as Bass Inlet -East, located at the rear of 2805
15 Sandpiper Road, in the City of Virginia Beach, Virginia; and
16
17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
19 City's property subject to such terms and conditions as Council may prescribe.
20
21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, David L. Merritt and Bonnie
25 A. Merritt, their heirs, assigns and successors in title are authorized to maintain
26 temporary encroachments to remove an existing fence (located on the property line)
27 and construct and maintain a proposed wood fence upon a portion of existing City
28 property known as Bass Inlet -East, as shown on the map marked Exhibit "A" and
29 entitled: "EXHIBIT A ENCROACHMENT PLAT EXISTING WOOD DECKS &
30 PROPOSED WOOD FENCE LOCATED IN BASS INLET EAST SANDBRIDGE
31 SHORES M.B. 67 P. 44 M.B. 78 P. 50 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 20'
32 DECEMBER 26, 2012 SHEET 1 OF 2 GALLUP SURVEYORS & ENGINEERS, LTD.," a
33 copy of which is on file in the Department of Public Works and to which reference is
34 made for a more particular description; and
35
36 BE IT FURTHER ORDAINED that the temporary encroachments are expressly
37 subject to those terms, conditions and criteria contained in the Agreement between the
38 City of Virginia Beach and David L. Merritt and Bonnie A. Merritt (the "Agreement"),
39 which is attached hereto and incorporated by reference; and
40
41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is
42 hereby authorized to execute the Agreement; and
43
44 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such
45 time as David L. Merritt and Bonnie A. Merritt and the City Manager or his authorized
46 designee execute the Agreement.
47
48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
49 of , 2014.
CA -10576
R-1
PREPARED: 6/3/2014
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
NATURE
DX4T)5 1/
PUBLIC WORKS / REAL ESTATE
DEPARTMENT / DIVISION
S CIENCY AND FORM
ER,
IAT CITY ATTORNEY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C) (4)
THIS AGREEMENT, made this 30th day of May, 2014, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and DAVID L. MERRITT and BONNIE A.
MERRITT, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 42", as shown on that certain plat entitled:
"REVISED PLAT — SANDBRIDGE SHORES SECTION 1A — NORTH AREA, Lots 45 —
50 — Approved M. J. Owens PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA.
Scale: 1" = 100' Dec. 1, 1965, prepared by PALMER L. SMITH C.L.S. VIRGINIA
BEACH, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia in Map Book 78, at page 50, and being further
designated, known, and described as 2805 Sandpiper Road, Virginia Beach, Virginia
23456;
WHEREAS, it is proposed by the Grantee to remove an existing fence
(located on the property line) and construct and maintain a proposed wood fence, the
"Temporary Encroachment", in the City of Virginia Beach; and
GPIN: 2433-33-0267-0000; (CITY PROPERTY KNOWN AS BASS INLET- EAST)
2433-26-8467-0000; (2805 Sandpiper Road)
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of City property
known as Bass Inlet-East, located at the rear of 2805 Sandpiper Road, the
"Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
ENCROACHMENT PLAT EXISTING WOOD DECKS &
PROPOSED WOOD FENCE LOCATED IN BASS INLET
EAST SANDBRIDGE SHORES M.B. 67 P. 44 M.B. 78 P. 50
VIRGINIA BEACH, VIRGINIA," prepared by BRUCE W.
GALLUP, LAND SURVEYOR, for GALLUP SURVEYORS &
ENGINEERS, LTD., said exhibit plat consists of two (2)
sheets, copies of which are attached hereto as Exhibit "A"
dated DECEMBER 26, 2012 SCALE: 1" = 20' and to which
reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
2
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Civil Inspections Division of the Department of Planning prior to
commencing any construction within the Encroachment Area (the "Permit").
It is further expressly understood and agreed that the Grantee shall make
a TWO HUNDRED EIGHTY FIVE DOLLAR ($285.00) payment, payable to the City
3
Treasurer, to the Department of Planning/Environment and Sustainability Office as
compensation for the typically required 15 -foot -wide riparian buffer area that the
Grantee does not desire to establish on their property; said buffers are a standard
condition of the City for shoreline encroachments. Said payment is equal to partial cost
of plant material which will be used to restore buffer areas on other City -owned
property.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
Tess than $500,000.00, per person injured and property damage per Incident, combined
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
4
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, David L. Merritt and Bonnie A. Merritt, the said
Grantees, have caused this Agreement to be executed by their signatures. Further, that
the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
(SEAL)
The foregoing instrument was acknowledged before me this day of
, 2014, by
CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of
, 2014, by
CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
A
.0 By ux %mar
avid L. Merritt, Owner
By
onnie A. Merritt, Owner
STATE OF Oa--
CITY/COUNTY
OF0 to -wit:
The foregoing instrument was acknowledged before me this fit] day of
, 2014, by David L. Merritt.
Notaj`ublic
Notary Registration Number o 4
My Commission Expires:
STATE OF --J
CITY/COUNTY OF , to -wit:
EAL)
JACQUEI._INE I. HESTER
i,10.] [ Y PLJBLIC
r-- `',1vE=A LT H (SOF VIRGINIA
11Y E; I'„tiEXPIRES DECEMBER; 3120_
Ree;istration No. 209476
The foregoin instrument was acknowledged before me this 6—b day of
>-11 , 2014, by Bonnie A. Merritt.
Notary Registration Number: A D9-¢, 6
My Commission Expires: Cake..., j oZ�
7
JACQUELINE I. HESTER
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COQ I'MiiSSION EXPIRES DECEMBER; 3120
F FiecJistration No, 209476
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
SIGNATURE
DA E
51 1y.
PUBLIC WORKS / REAL ESTATE
DEPARTMENT / DIVISION
8
M ER,
TE CITY ATTORNEY
1
N/F
C. BISHOP KNOTT, M.
I.N. 200303050033642
LOT 3
M.B. 67 P. 44
2433-26-6353
S 10'43'00' E
PROPERTY OF
CITY OF VIRGINIA BEACH
"BASS INLET EAST
(M.B. 67 P. 44)
(M.B. 78 P. 50)
SEE DETAIL ON
SHEET 2
10' PUBUC DRAINAGE &
1.8 51 EP. 25
ASEMENT EDGE TER
Jam°
S 10'48'00 E
DWOOOODD
N/F
TRY STAR, LLC
I.N. 200503040033429
LOT 2
M.B. 78 P. 50
2433-26-6412
N/F
DOREEN R. KAHL
UVING TRUST DATED 5/9/05
I.N. 200507050101805
LOT 1
M.B. 78 P. 50
2433-26-7427
UNE EASEMENT
M.B. 67 P. 44
N 10'48'00' W 130.00'
W000----7.74,/
— je; —ARCEL —
70.00' ca g
—P
N/F
REUBIN & BETTY G.
MANNING
0.B. 2545 P. 704
LOT 41
M.B. 41 P. 7
2433-26-9309
t N
iV0
N/F
DAVID L. & BONNIE A. $
MERRITT
I.N. 20080421000457340
LOT 42
M.B. 51 P. 25
2433-26-8467
a
0
43)
N/F
DEBORAH M.
COSTELLO
D.B. 4250 P. 368
LOT 43
M.B. 51 P. 25
and
PARCEL 1
M.B. 67 P. 44
2433-26-8535
S 10'48'00" E
SANDPIPER ROAD (60' R/W)
(4.6. 67 P. 44)
EXHIBIT A
ENCROACHMENT PLAT
EXISTING WOOD DECKS & PROPOSED WOOD FENCE
LOCATED IN
BASS INLET EAST
SANDBRIDGE SHORES
M.B. 67 P. 44
M.B. 78 P. 50
VIRGINIA BEACH, VIRGINIA
SCALE 1' - 40' DECEMBER 26, 2012
C 37-3
Old - )NQ4001p0404.0 412/2W/2012 5.'06:30 AM,
1
R-10.00'
L=15.71'
SHEET 1 OF 2
"BASS INLET EAST"
EXIST. 3.2'x7.3' WOOD DECK
EXIST. 8.2'x16.0' WOOD DECK
EXIST. WOOD PILING
10' PUBLIC DRAINAGE &
U11UTY EASEMENT
M.B. 51 P. 25
0
EDGE OF
WATER
EXIST. WOOD RET. WALL--"*"...
15.1' 15.1'
CO
P
O
N/F
DOREEN R. KAHL
LIVING TRUST DATED 5/9/05
N 10'48'00" W
S 10'48'00" E
REMOVE EXISTING FENCE
60.00'
PROP. WOOD FENCE. L=19.7'
N/F
REUBIN & BETTY G.
MANNING
EXHIBIT
N/F
DAVID L. & BONNIE A.
MERRITT
ENCROACHMENT PLAT
EXIS11NG WOOD DECKS & PROPOSED WOOD FENCE
LOCATED IN
BASS INLET EAST
SANDBRIDGE SHORES
M.B. 67 P. 44
M.B. 78 P. 50
VIRGINIA BEACH. VIRGINIA
SCALE: 1' - 20' DECEMBER 26, 2012
GALLUP
SURVEYORS & ENGINEERS. LTD.
315 FIRST COLONIAL ROAD
23454
(757)428-0132
SHEET2 OF 2
G:y061- 322303OV00-104.DM G,12/2S/2012 2:49:57 PM, 1:20, DWG
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Appointing Three (3) Viewers for One -Year Terms Beginning
July 1, 2014, to View Each Street or Alley Proposed to be Closed
MEETING DATE: June 17, 2014
• Background: Pursuant to authority granted to the City of Virginia Beach by the
General Assembly during its 1997 Session, City Council, by ordinance adopted June
23, 1998, added § 33-111.2 to the City Code, which provides for the appointment of
three (3) viewers for one-year terms, beginning July 1 of each year, to view each and
every street or alley proposed to be altered or vacated during the terms of such viewers.
• Considerations: Because the terms of the current viewers expire on June 30,
2014, it is necessary to appoint viewers for one-year terms beginning July 1, 2014.
■ Public Information: This ordinance will be advertised as a routine agenda item.
• Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Department of Planning
City Manager:
I
1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR
2 ONE-YEAR TERMS BEGINNING JULY 1, 2014, TO VIEW
3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED
4
5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers
6 shall be appointed each year to serve terms of one year beginning July 1 to view each
7 and every street or alley proposed to be altered or vacated during the term;" and
8
9 WHEREAS, it is the desire of City Council to appoint the Directors of the
10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers
11 for one-year terms, beginning July 1, 2014 and ending June 30, 2015.
12
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15
16 That the Director of Planning, Director of Public Works and Director of Parks and
17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve
18 a one-year term beginning July 1, 2014 and ending June 30, 2015, to view each and
19 every application to close a street or alley, and to report in writing their opinion of what
20 inconvenience, if any, would result from discontinuing the street or alley or portion
21 thereof.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Departme of Planning
CA13036
R-1
June 4, 2014
Z.C/-6/%c4c"------
City Attorney's Offi
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City
Attorney, City Clerk, City Real Estate Assessor, and City Auditor
MEETING DATE: June 17, 2014
• Background: City Charter § 3.05 provides that the City Council shall determine,
on an annual basis, the compensation of the City Manager, City Attorney, City Clerk,
City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the
City Council.
All of the appointees were Virginia Retirement System ("VRS") members prior to July 1,
2010. State law mandates that the City require City employees who became VRS
members prior to July 1, 2010, to make member contributions in an amount equal to five
percent of their VRS total creditable compensation, and it requires the City to increase
those employees' VRS total creditable compensation by the same percentage. The law
allows the City to phase in the changes over a five-year period, and City Council
required those employees in 2012 to make member contributions equal to one percent
of their VRS total creditable compensation and also provided an increase to that
compensation for each employee in the same amount. The one percent annual phasing
in continued last year, and this year, effective July 1, 2014, those employees will be
required to contribute an additional one percent (for a total of three percent) of their
VRS total compensation, and the employees will also receive the additional one percent
increase mandated by state law.
The budget ordinances adopted by City Council in May 2014 also provide, for all full-
time employees, salary increases of .34%, effective July 1, 2014, and 1.66%, effective
October 1, 2014.
• Considerations: The attached ordinances make no changes to the appointees'
compensation other than those required by the state law regarding VRS member
contributions and the .34% and 1.66% salary increases that City Council previously
approved for all full-time City employees.
• Public Information: Public information will be provided through the normal
Council agenda process.
• Attachments: Five ordinances
Requested by City Council
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY MANAGER
3
4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
5 the City Council shall have their salaries and benefits determined annually by action of
6 City Council;
7
8 WHEREAS, in 2012, in compliance with the requirements of state law, City
9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City
10 employees who became Virginia Retirement System ("VRS") members prior to July 1,
11 2010, to make member contributions in an amount equal to one percent of their VRS
12 total creditable compensation; and (2) that increased those employees' VRS total
13 creditable compensation by one percent; and
14
15 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1)
16 to require City employees who became VRS members prior to July 1, 2010, to make
17 member contributions in an amount equal to two percent of their VRS total creditable
18 compensation; and (2) to increase those employees' VRS total creditable compensation
19 by an additional one percent; and
20
21 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1)
22 to require City employees who became VRS members prior to July 1, 2010, to make
23 member contributions in an amount equal to three percent of their VRS total creditable
24 compensation; and (2) to increase those employees' VRS total creditable compensation
25 by an additional one percent; and
26
27 WHEREAS, the 2014 ordinance also provides, for all full-time employees, salary
28 increases of .34% on July 1, 2014, and 1.66% on October 1, 2014; and
29
30 WHEREAS, the VRS total creditable compensation for the City Manager includes
31 his salary as well as the value of the City's contributions to his deferred compensation
32 plan and, as set forth in his employment contract, the City-paid premiums for his family
33 medical and dental insurance and long-term care insurance.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
36 VIRGINIA BEACH, VIRGINIA:
37
38 1. That the base annual salary of the City Manager is $ 234,334.56; his car
39 allowance is and shall remain at $12,000 annually; the City's contribution to his deferred
40 compensation plan is and shall remain at $20,500 annually; and, in accordance with his
41 employment contract, the City shall continue to pay the total premium for his family
42 health and dental insurance and shall pay up to $2,684 annually on behalf of the City
43 Manager for long term care insurance.
44
45 2. That, beginning July 1, 2014, as required by state law and in accordance
46 with budget ordinances adopted by City Council in May 2014, the City Manager shall
47 pay, on a salary-reduction basis, VRS member contributions in an amount equal to
48 three percent of his VRS total creditable compensation, and his base salary as set forth
I
49 in paragraph 1 shall be increased in an amount equal to one percent of his VRS total
50 creditable compensation.
51
52 3. Along with all other full-time City employees, the City Manager shall also
53 receive a salary increase of .34%, effective July 1, 2014, and 1.66%, effective October
54 1, 2014.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 2014.
APPROVED AS TO LEGAL
SUFFICIENCY:
;Z441-4‘ €T.----'
City Attorney's Offic
CA12999
R-1
June 6, 2014
I
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY
3 ATTORNEY
4
5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
6 the City Council shall have their salaries and benefits determined annually by action of
7 City Council;
8
9 WHEREAS, in 2012, in compliance with the requirements of state law, City
10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City
11 employees who became Virginia Retirement System ("VRS") members prior to July 1,
12 2010, to make member contributions in an amount equal to one percent of their VRS
13 total creditable compensation; and (2) that increased those employees' VRS total
14 creditable compensation by one percent; and
15
16 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1)
17 to require City employees who became VRS members prior to July 1, 2010, to make
18 member contributions in an amount equal to two percent of their VRS total creditable
19 compensation; and (2) to increase those employees' VRS total creditable compensation
20 by an additional one percent; and
21
22 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1)
23 to require City employees who became VRS members prior to July 1, 2010, to make
24 member contributions in an amount equal to three percent of their VRS total creditable
25 compensation; and (2) to increase those employees' VRS total creditable compensation
26 by an additional one percent; and
27
28 WHEREAS, the 2014 ordinance also provides, for all full-time employees, salary
29 increases of .34% on July 1, 2014, and 1.66% on October 1, 2014; and
30
31 WHEREAS, the VRS total creditable compensation for the City Attorney includes
32 his salary as well as the value of the City's contributions to his deferred compensation
33 plan.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
36 VIRGINIA BEACH, VIRGINIA:
37
38 1. That the base annual salary of the City Attorney is $197,309.52, the City's
39 contribution to his deferred compensation plan is and shall remain at $10,000 annually,
40 and his car allowance is and shall remain at $10,000 annually.
41
42 2. That, beginning July 1, 2014, as required by state law and in accordance
43 with budget ordinances adopted by City Council in May 2014, the City Attorney shall
44 pay, on a salary -reduction basis, VRS member contributions in an amount equal to
45 three percent of his VRS total creditable compensation, and his base salary as set forth
46 in paragraph 1 shall be
47 creditable compensation
48
49 3. Along with
50 receive salary increases
51 2014.
increased in an amount equal to one percent of his VRS total
•
all other full-time City employees, the City Attorney shall also
of .34%, effective July 1, 2014, and 1.66%, effective October 1,
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 2014.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Offic
CA12998
R-1
June 6, 2014
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY CLERK
3
4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
5 the City Council shall have their salaries and benefits determined annually by action of
6 City Council;
7
8 WHEREAS, in 2012, in compliance with the requirements of state law, City
9 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City
10 employees who became Virginia Retirement System ("VRS") members prior to July 1,
11 2010, to make member contributions in an amount equal to one percent of their VRS
12 total creditable compensation; and (2) that increased those employees' VRS total
13 creditable compensation by one percent; and
14
15 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1)
16 to require City employees who became VRS members prior to July 1, 2010, to make
17 member contributions in an amount equal to two percent of their VRS total creditable
18 compensation; and (2) to increase those employees' VRS total creditable compensation
19 by an additional one percent; and
20
21 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1)
22 to require City employees who became VRS members prior to July 1, 2010, to make
23 member contributions in an amount equal to three percent of their VRS total creditable
24 compensation; and (2) to increase those employees' VRS total creditable compensation
25 by an additional one percent; and
26
27 WHEREAS, the 2014 ordinance also provides, for all full-time employees, salary
28 increases of .34% on July 1, 2014, and 1.66% on October 1, 2014; and
29
30 WHEREAS, the VRS total creditable compensation for the City Clerk consists of
31 only her salary.
32
33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
34 VIRGINIA BEACH, VIRGINIA:
35
36 1. That the base annual salary of the City Clerk is $111,000.72, and her car
37 allowance is and shall remain at $10,000 annually.
38
39 2. That, beginning July 1, 2014, as required by state law and in accordance
40 with budget ordinances adopted by City Council in May 2014, the City Clerk shall pay,
41 on a salary-reduction basis, VRS member contributions in an amount equal to three
42 percent of her VRS total creditable compensation, and her base salary as set forth in
43 paragraph 1 shall be increased in an amount equal to one percent of her VRS total
44 creditable compensation.
45
46 3. Along with all other full-time City employees, the City Clerk shall also
47 receive salary increases of .34%, effective July 1, 2014, and 1.66%, effective October 1,
48 2014.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 2014.
APPROVED AS TO LEGAL
SUFFICIENCY:
G
City Attorney's Off
CA12996
R-1
June 6, 2014
I
1 AN ORDINANCE PERTAINING TO THE
2 COMPENSATION OF THE CITY REAL
3 ESTATE ASSESSOR
4
5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
6 the City Council shall have their salaries and benefits determined annually by action of
7 City Council;
8
9 WHEREAS, in 2012, in compliance with the requirements of state law, City
10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City
11 employees who became Virginia Retirement System ("VRS") members prior to July 1,
12 2010, to make member contributions in an amount equal to one percent of their VRS
13 total creditable compensation; and (2) that increased those employees' VRS total
14 creditable compensation by one percent; and
15
16 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1)
17 to require City employees who became VRS members prior to July 1, 2010, to make
18 member contributions in an amount equal to two percent of their VRS total creditable
19 compensation; and (2) to increase those employees' VRS total creditable compensation
20 by an additional one percent; and
21
22 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1)
23 to require City employees who became VRS members prior to July 1, 2010, to make
24 member contributions in an amount equal to three percent of their VRS total creditable
25 compensation; and (2) to increase those employees' VRS total creditable compensation
26 by an additional one percent; and
27
28 WHEREAS, the 2014 ordinance also provides, for all full-time employees, salary
29 increases of .34% on July 1, 2014, and 1.66% on October 1, 2014; and
30
31 WHEREAS, the VRS total creditable compensation for the City Real Estate
32 Assessor includes his salary as well as the value of the City's contributions to his
33 deferred compensation plan.
34
35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
36 VIRGINIA BEACH, VIRGINIA:
37
38 1. That the base annual salary of the City Real Estate Assessor is
39 $128,713.68, and the City's contribution to his deferred compensation plan is and shall
40 remain at $4,000 annually.
41
42 2. That, beginning July 1, 2014, as required by state law and in accordance
43 with budget ordinances adopted by City Council in May 2014, the City Real Estate
44 Assessor shall pay, on a salary -reduction basis, VRS member contributions in an
45 amount equal to three percent of his VRS total creditable compensation, and his base
I
46 salary as set forth in paragraph 1 shall be increased in an amount equal to one percent
47 of his VRS total creditable compensation.
48
49 3. Along with all other full-time City employees, the City Real Estate
50 Assessor shall also receive a salary increase of .34%, effective July 1, 2014, and
51 1.66%, effective October 1, 2014.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 2014.
APPROVED AS TO LEGAL
SUFFICIENCY:
>re7e4�Ze=d
City Attorney's Offic
CA12995
R-1
June 6, 2014
1 AN ORDINANCE PERTAINING TO
2 THE COMPENSATION OF THE CITY
3 AUDITOR
4
5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of
6 the City Council shall have their salaries and benefits determined annually by action of
7 City Council;
8
9 WHEREAS, in 2012, in compliance with the requirements of state law, City
10 Council adopted an ordinance, effective as of July 1, 2012, (1) that required City
11 employees who became Virginia Retirement System ("VRS") members prior to July 1,
12 2010, to make member contributions in an amount equal to one percent of their VRS
13 total creditable compensation; and (2) that increased those employees' VRS total
14 creditable compensation by one percent; and
15
16 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2013, (1)
17 to require City employees who became VRS members prior to July 1, 2010, to make
18 member contributions in an amount equal to two percent of their VRS total creditable
19 compensation; and (2) to increase those employees' VRS total creditable compensation
20 by an additional one percent; and
21
22 WHEREAS, City Council adopted a similar ordinance, effective July 1, 2014, (1)
23 to require City employees who became VRS members prior to July 1, 2010, to make
24 member contributions in an amount equal to three percent of their VRS total creditable
25 compensation; and (2) to increase those employees' VRS total creditable compensation
26 by an additional one percent; and
27
28 WHEREAS, the 2014 ordinance also provides, for all full-time employees, salary
29 increases of .34% on July 1, 2014, and 1.66% on October 1, 2014; and
30
31 WHEREAS, the VRS total creditable compensation for the City Auditor consists
32 of only his salary.
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
35 VIRGINIA BEACH, VIRGINIA:
36
37 1. That the base annual salary of the City Auditor is $109,792.80, and his car
38 allowance is and shall remain at $6,000 annually.
39
40 2. That, beginning July 1, 2014, as required by state law and in accordance
41 with budget ordinances adopted by City Council in May 2014, the City Auditor shall pay,
42 on a salary-reduction basis, VRS member contributions in an amount equal to three
43 percent of his VRS total creditable compensation, and his base salary as set forth in
44 paragraph 1 shall be increased in an amount equal to one percent of his VRS total
45 creditable compensation.
46
47 3. Along with all other full-time City employees, the City Auditor shall also
48 receive salary increases of .34%, effective July 1, 2014, and 1.66%, effective October 1,
49 2014.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 2014.
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Offi
CA12997
R-1
June 6, 2014
ITEM: An Ordinance to Transfer Appropriations to the Sheriff's Office to Pay for
Expenses Related to the Inmate Medical Contract
MEETING DATE: June 17, 2014
■ Background: Recently, the Sheriff's Office informed the City of several budget
related issues that will require City Council action to resolve. The first issue is related to
a shortage of funds available to meet year-end medical services contract obligations.
Costs associated with providing health services to inmates are anticipated to exceed
budget by $566,122. These cost overruns are due to unforeseen inmate medical
expenses in both the cost of treatment and the cost of prescription drugs. The Sheriff's
Office FY 2013-14 Operating Budget does not have the capacity to absorb this cost
overrun and as a result the Sheriff's Office request that the City increase the FY 2013-
14 General Fund transfer to support these expenses.
Included within the Sheriff's Office FY 2013-14 Operating Budget is a dedicated
compensation reserve of $431,849, of which $230,000 was transferred to address
compensation issues. Remaining within this dedicated reserve is $201,849.
■ Considerations: The Sheriff's Office requests transferring funds to address the
anticipated $566,122 overrun. This can be accomplished by releasing the remaining
$201,849 of the compensation reserve and transferring/repurposing $364,273 from the
General Fund's Sequestration Reserve.
■ Public Information: Public information will be handled through the normal
Council Agenda notification process.
■ Recommendations: Approve the attached transfer.
■ Attachment: Ordinance
Submitting Department/Agency: Sheriff's Office
City Manager:
11 ,11.0e1
1 AN ORDINANCE TO TRANSFER APPROPRIATIONS
2 TO THE SHERIFF'S OFFICE TO PAY FOR
3 EXPENSES RELATED TO THE INMATE MEDICAL
4 CONTRACT
5
6 WHEREAS, the Sheriff's Office has requested assistance from the City to meet
7 inmate medical services cost for the remainder of the fiscal year;
8
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA, THAT:
11
12 1. $201,849 is hereby transferred from the Compensation Reserve to the
13 Operating Account, both within the FY2013-14 Operating Budget of the Sheriff's Office,
14 to address cost overages related to the inmate medical services contact; and
15
16 2. $364,273 is hereby transferred from the Sequestration Reserve of the
17 General Fund to the Operating Account of the FY2013-14 Operating Budget of the
18 Sheriff's Office to address cost overages related to the inmate medical contract.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Services
CA13038
R-1
June 4, 2014
CityA
O 'ce
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Donated Funds
Beach Little League, Inc., to Construct Improvements
Community Park
MEETING DATE: June 17, 2014
from the Virginia
in Ocean Lakes
• Background: The Virginia Beach Little League, Inc., ("VBLL") leases 15 acres
of City Park Property in Ocean Lakes Community Park to conduct its youth baseball
league operations. In accordance with the terms and conditions of their lease with the
City, the League Board requested approval to construct concrete walkway
improvements to one of their baseball fields to make it ADA compliant. These changes
will allow the field to be utilized as a Challenger Field for physically challenged youth
baseball games. The Department of Parks and Recreation developed a master plan for
the walkway improvements and coordinated all construction work. VBLL agreed to
contribute $6,000 toward the cost of the project.
• Considerations: The VBLL donation is $6,000, which covers a portion of the
construction cost for the ADA compliant parking and walkway improvements for the
leased premises. The total cost of this project is $39,500. The remaining balance of the
project is being funded by the City.
• Public Information: This item will be advertised as part of the regular Council
agenda process.
• Recommendations: Adopt the attached ordinance.
• Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Parks and RecreatiorrC
City Manager:
1 AN ORDINANCE TO ACCEPT AND
2 APPROPRIATE DONATED FUNDS FROM THE
3 VIRGINIA BEACH LITTLE LEAGUE, INC., TO
4 CONSTRUCT IMPROVEMENTS IN OCEAN
5 LAKES COMMUNITY PARK
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That $6,000 is hereby accepted and appropriated, with donation revenue
11 increased accordingly, to CIP 4-307, "Athletic Fields Lighting & Renovations III," to
12 partially fund the cost of ADA compliant capital improvements in Ocean Lakes
13 Community Park.
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: APPROVED AS TO LEGAL SUFFICIENCY:
d Management Services
CA13034
R-1
June 2, 2014
J. PLANNING
L Application of CARMAX AUTO SUPERSTORES, INC. for Modification of Conditions of a Conditional
Use Permit (approved March 25, 2003) re car storage at 3801 and 3789 Bonney Road
DISTRICT 5 — LYNNHAVEN
RECOMMENDATION:
2. Application of MICHAEL D. SIFEN and GEORGE STREET CORP. for a Conditional Use Permit re
indoor Self -Storage at 3443 Virginia Beach Boulevard
DISTRICT 5 — LYNNHAVEN
APPROVAL
RECOMMENDATION:
3. Application of HAMPTON ROADS SANITATION DISTRICT for a Conditional Use Permit re a
Communication Tower at 5332 Shore Drive
DISTRICT 4 — BAYSIDE
APPROVAL
RECOMMENDATION:
4. Application of ROBERT JEFFERY MOREAU for a Conditional Use Permit re firearm sales and repair
at 1405 Ships Landing
DISTRICT 1 — CENTERVILLE
5. Application of SUZETTE CIVIL -NOEL for a Conditional Use Permit re a Daycare at 1941 Glen View
Court
DISTRICT 1 — CENTERVILLE
RECOMMENDATION: APPROVAL
6. Application of RODNEY PRICE/AEGEAN ASSOCIATES for a Conditional Use Permit re truck and
trailer rentals at 4720B Princess Anne Road
DISTRICT 2 - KEMPSVILLE
APPROVAL
RECOMMENDATION:
7. Application of MID -ATLANTIC COMMERCIAL PROPERTIES/336 CEDAR ROAD, LLC for a
Conditional Use Permit re fuel sales and a convenience store at 720 Independence Boulevard
DISTRICT 4 — BAYSIDE
APPROVAL
RECOMMENDATION:
8. Application of LARAE TUCKER and THE HAYGOOD BEACH, LLC/PHILIP RICHARDSON for a
Conditional Use Permit re fuel sales and a convenience store at 4904 Haygood Road
DISTRICT 4 — BAYSIDE
APPROVAL
RECOMMENDATION:
APPROVAL
9. Application of FIVE MILE STRETCH ASSOCIATES, LLC for a Conditional Change of Zoning from
AG -1 and AG -2 Agricultural District to Conditional PD -H2 Planned Unit Development District at 2800 to
2900 Princess Anne Road (Deferred April 8, 2014)
DISTRICT 7 — PRINCESS ANNE
RECOMMENDATION: INDEFINITE DEFERRAL
10. Applications of VIRGINIA BEACH PROFESSIONAL BASEBALL, LLC/City of Virginia Beach in
Princess Anne Commons:
DISTRICT 7 — PRINCESS ANNE
a. Conditional Change of Zoning from B-2 Community Business District and AG -1 Agricultural District
to Conditional B-2 Community Business District and a Conditional Use Permit re a Baseball Stadium
b. Conditional Use Permit re a Baseball and Softball Tournament Complex
RECOMMENDATION: APPROVAL
11. Applications of SANDBRIDGE TOWING, INC/EDDIE LEE COOPER and LINDA A. ACKISS at
Princess Anne Lane and Princess Anne Road:
DISTRICT 7 — PRINCESS ANNE
a. Conditional Change of Zoning from AG -2 Agricultural District to Conditional B-2 Community
Business District
b. Conditional Use Permit re a towing service and storage yard
RECOMMENDATION:
12. Applications of NEW CINGULAR WIRELESS PCS, LLC/CYPRESS POINT ENTERPRISES, INC.
at 5340 Club Head Road:
DISTRICT 4 — BAYSIDE
a. Conditional Change of Zoning from Conditional PD -H2 Planned Development District to Conditional
P-1 Preservation District.
b. Conditional Use Permit re a communication tower (deferred April 22, 2014)
RECOMMENDATION: APPROVAL
13. Application of KEMPDEL, INC. — SHURNEY LANE for a Change of Zoning_from Conditional PD -H2
District to P-1 Preservation District re open space for a condominium at 881 Shurney Lane.
DISTRICT 4 — BAYSIDE
RECOMMENDATION: APPROVAL
14. Applications of CITY OF VIRGINIA BEACH:
a. AMEND §§1803 and 1804 of the City Zoning Ordinance (CZO) re Special Regulations for
Discretionary Development Applications for Residential Uses in the Oceanfront Resort District
b. AMEND §§400 and 401 of the City Zoning Ordinance (CZO) re the Purpose of the Agricultural
Districts, Permitted Uses in the District, Agritourism Activities and Sales of Agricultural Products and
Agricultural -Related Products, and to REPEAL §241 re Riding Academies and Horses for Hire or
Boarding
c. AMEND the City Zoning Ordinance (CZO) re Oceanfront Resort District Height Map by changing
the height zone at 1609 and 1701 Atlantic Avenue.
d. Street Closure re a portion of former Oakmears Crescent now part of relocated Princess Anne Road
e. Street Closure re unimproved right-of-way of Oakmears Crescent
RECOMMENDATION: APPROVAL
APPROVAL
OS� �
r� LL
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CARMAX AUTO SUPERSTORES, INC. (Applicant / Owner), Modification of
Conditions of a Conditional Use Permit approved on March 25, 2003. 3801
& 3789 Bonney Road (GPINs 1487333397; 1487338449). COUNCIL
DISTRICT — LYNNHAVEN.
MEETING DATE: June 17, 2014
• Background:
On March 25, 2003, City Council approved a Change of Zoning on the subject
site. The zoning was changed from 1-2 Heavy Industrial and B-2 Community
Business Districts to Conditional 1-2 and B-2 zoning districts. Additionally, a
Conditional Use Permit was approved for motor vehicle sales. As a condition of
the approval, the site was to be developed in substantial conformance to the site
plan that was approved with that application. The area that is subject to the
applicant's current request for a modification was labeled "future expansion" on
the approved site plan. Due to the lack of specificity of what "future expansion"
encompassed, the applicant must apply for a modification to the conditions of the
original Conditional Use Permit to use the subject site as desired for an overflow
vehicle storage lot.
• Considerations:
The portion of the site included in this request is undeveloped. A portion of the
site contains gravel cover and is currently used for overflow vehicle storage. The
applicant is submitting this request to bring the area being used for vehicle
storage into compliance with the Zoning Ordinance. The proposed improvements
include paving the lot and installing a six-foot tall, solid, all-weather fence with
Category I landscaping around its base. This fence will extend around the entire
perimeter of the vehicle storage area, as shown on the submitted site plan. The
storage area will include two gated access points from the existing parking lot
and from Chestnut Avenue.
Further details pertaining to the configuration of the storage area and screening,
as well as Staff's evaluation of the request, are provided in the attached staff
report.
There was no opposition to the request.
I
CARMAX
Page 2 of 3
• Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0, to recommend approval of this request to the
City Council with the following conditions:
1. Condition 1 of the Conditional Use Permit approved by City Council on
March 25, 2003 is hereby replaced with the following condition:
With the exception of any modifications required by any of the other
conditions listed below or as a result of development site plan review,
the development of the site shall substantially conform with the site
plan entitled "CARMAX STORE NO. 7130, VIRGINIA BEACH,
VIRGINIA, MODIFICATION OF CONDITIONS," dated February 28,
2014, and prepared by Kimley-Horn and Associates, Inc., which has
been exhibited to the City Council and is on file in the Planning
Department.
2. With the exception of any modifications required by any of the other
conditions of this Use Permit or as a result of the development site plan
review process, Phase 1 of the development of the storage yard shall
substantially conform with the site plan entitled "CARMAX THE AUTO
SUPERSTORE, VA BEACH, VA STORE NO. 7130, SITE PLAN," and
further labeled by staff as "Phase 1." Said plan is dated 04/15/2014,
prepared by Kimley-Horn and Associates, Inc., has been exhibited to City
Council, and is on file in the Planning Department.
3. With the exception of any modifications required by any of the other
conditions or as a result of the development site plan review process,
landscaping for Phase I of the development shall substantially conform to
the landscaping plan entitled "CARMAX THE AUTO SUPERSTORE, VA
BEACH, VA STORE NO.7130, PLANT PLAN," dated 04/15/2014,
prepared by Kimley-Horn and Associates, Inc. Said plan has been
exhibited to City Council, and is on file in the Planning Department. At the
time Phase 2 is developed, the perimeter fencing and landscaping said
plan shall be installed with Phase 2.
4. The original conditions of the Conditional Use Permit approved by City
Council on March 25, 2003, except as herein amended, shall remain in full
force and effect.
• Attachments:
Staff Report and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
I
CARMAX
Page3of3
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department
fes.
City Manager:
CarMax Auto Superstores, Inc.
'Zoning .w CnoMPlateho r/, .Spoor Poem*..
Modification of Conditions
2
May 14, 2014 Public Hearing
APPLICANT & PROPERTY
OWNER:
CARMAX AUTO
SUPERSTORES,
INC.
STAFF PLANNER: Kevin Kemp
REQUEST:
Modification of a Conditional Use Permit for Motor Vehicle Sales — approved by the City Council on
March 25, 2003
ADDRESS / DESCRIPTION: 3789 Bonney Road
GPIN:
14873384490000
ELECTION DISTRICT: SITE SIZE: AICUZ:
LYNNHAVEN 144,449 square feet Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
•
Background
On March 25, 2003, City Council approved a Change of Zoning on the subject site. The zoning was
changed from 1-2 Heavy Industrial and B-2 Community Business Districts to Conditional 1-2 and B-2
zoning districts. Additionally, a Conditional Use Permit was approved for motor vehicle sales. As a
condition of the approval, the site was to be developed in substantial conformance to the site plan that
was approved with that application. The area that is subject to the applicant's current request for a
modification was labeled "future expansion" on the approved site plan. Due to the lack of specificity of
what "future expansion" encompassed, the applicant must apply for a modification to the conditions of the
original Conditional Use Permit to use the subject site as desired for an overflow vehicle storage lot.
Included in the Change of Zoning approved by City Council on March 25, 2003 was a condition that
required all internal lot lines of the four sites included in the request be vacated to create one parcel. This
was completed; however, the subject site of this request was subdivided out of the larger parcel on
October 11, 2005.
CARMAX AUTO SUPERSTORES, INC.
Agenda Item 2
Page 1
1
Details
The portion of the site included in this request is undeveloped. A portion of the site contains gravel cover
and is currently used for overflow vehicle storage. The applicant is submitting this request to bring the
area being used for vehicle storage into compliance with the Zoning Ordinance. The proposed
improvements include paving the lot and installing a six-foot tall, solid, all-weather fence with Category I
landscaping around its base. This fence will extend around the entire perimeter of the vehicle storage
area, as shown on the submitted site plan. The storage area will include two gated access points from the
existing parking lot and from Chestnut Avenue.
The proposed vehicle storage area will be completed in phases. The first phase will include improving
1.05 acres at the south of the site. This lot will accommodate 165 vehicles. An additional 2.27 acres will
be developed at a later date. As the additional area is developed for vehicle storage, it shall be paved and
entirely enclosed with a six-foot tall, solid, all-weather fence with Category 1 landscaping.
The proposed vehicle storage lot will be used for vehicles being sold to wholesale car buyers, and is not
intended for general customer display. Gates at both access points will restrict access.
4 •
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Undeveloped site used for motor vehicle storage
SURROUNDING LAND
USE AND ZONING:•
North: •
South: •
•
East: •
•
West: •
NATURAL RESOURCE AND
CULTURAL FEATURES:
Bonney Road
Vacant Land / B-2 Community Business District
Interstate 264
Single-family dwellings / R-7.5 Residential District
Chestnut Avenue
Motor Vehicle Sales and Service / B-2 Community
Business District &I-1 Light Industrial District
Motor Vehicle Sales and Service / B-2 Community
Business District
The site is undeveloped. The northern portion of the site is a grass
field. The southern portion of the site is gravel. There do not appear
to be any natural resource or cultural features on the site. The site
is located in the Chesapeake Bay Watershed.
COMPREHENSIVE PLAN: The Rosemont SGA Master Plan was adopted as a Comprehensive Plan
amendment on September 13, 2011. The Rosemont SGA is envisioned as a transit -oriented residential
village with complementary mixed use and office (p. 2-29). More specifically, the Rosemont SGA Master
Plan identifies the subject property as a "Development Initiative" -- 'Carmax Redevelopment' site. The
plan calls for a townhouse development organized around neighborhood parks and within easy walking
distance of a potential transit station (p. 48).
4 •
CARMAX AUTO SUPERSTORES,I1IC.
Agenda Item 2
Page 2
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The
Rosemont SGA proposes studying a variety of alternatives for improvements to Bonney Road, which is
currently an undivided four -lane urban minor arterial. There are no CIP projects on Bonney Road.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Bonney Road
16,700 ADT 1
14,800 to 22,800 ADT 1
(Level of Service "D")
27,400 ADT 1 (Level of
Service "E")
No change with the
proposed use of a
storage yard
'Average Daily Trips
4
EVALUATION AND RECOMMENDATION
The applicant's proposed modification to the conditions of the current Use Permit consists of the
development of a 3.32 -acre site for a storage yard for vehicles awaiting sale. While, as noted in the
Comprehensive Plan section, the proposed use is not consistent with the Comprehensive Plan's
recommendation for this area of the Rosemont SGA, the existing auto -related operation is consistent with
the existing character of the area, and is deemed appropriate as a continued interim use until
redevelopment trends of the surrounding area begin to redevelop consistent with the recommendations of
the Rosemont SGA Master Plan. Moreover, rather than a comprehensive change in use or
redevelopment of the site, the applicant's request is limited to gaining the ability to use an area of the
subject site already suited for storage.
Consistent with the Comprehensive Plan's Land Use Recommendation and Special Area Development
Guidelines, as well as the Zoning Ordinance requirements for screening a bulk storage yard, the applicant
will be paving the area used for vehicle storage, as well as installing all-weather, solid fencing with
Category I landscaping around the perimeter of the storage area. The proposed development is an
improvement from the existing condition of gravel and grass cover. The existing retention pond will be
used for stormwater management. Compliance with stormwater regulations will be evaluated in greater
detail during the detailed site plan review process. The bulk storage area will have limited access that is
controlled by the motor vehicle sales operation, and be used only by wholesale car buyers.
For the reasons stated above, staff recommends approval of the requested modification of the
Conditional Use Permit, subject to the conditions below.
CONDITIONS
0
1. Condition 1 of the Conditional Use Permit approved by City Council on March 25, 2003 is hereby
replaced with the following condition:
CARMAX AUTO SUPERSTORES, INC,.
Agenda Item 2
Page 3
With the exception of any modifications required by any of the other conditions
listed below or as a result of development site plan review, the development of the
site shall substantially conform with the site plan entitled "CARMAX STORE NO.
7130, VIRGINIA BEACH, VIRGINIA, MODIFICATION OF CONDITIONS," dated
February 28, 2014, and prepared by Kimley-Horn and Associates, Inc., which has
been exhibited to the City Council and is on file in the Planning Department.
2. With the exception of any modifications required by any of the other conditions of this Use Permit
or as a result of the development site plan review process, Phase 1 of the development of the
storage yard shall substantially conform with the site plan entitled "CARMAX THE AUTO
SUPERSTORE, VA BEACH, VA STORE NO. 7130, SITE PLAN," and further labeled by staff as
"Phase 1." Said plan is dated 04/15/2014, prepared by Kimley-Horn and Associates, Inc., has
been exhibited to City Council, and is on file in the Planning Department.
3. With the exception of any modifications required by any of the other conditions or as a result of the
development site plan review process, landscaping for Phase I of the development shall
substantially conform to the landscaping plan entitled "CARMAX THE AUTO SUPERSTORE, VA
BEACH, VA STORE NO.7130, PLANT PLAN," dated 04/15/2014, prepared by Kimley-Horn and
Associates, Inc. Said plan has been exhibited to City Council, and is on file in the Planning
Department. At the time Phase 2 is developed, the perimeter fencing and landscaping said plan
shall be installed with Phase 2.
4. The original conditions of the Conditional Use Permit approved by City Council on March 25,
2003, except as herein amended, shall remain in full force and effect.
NOTE: Further conditions may be required during the administration of applicable City Ordinances
and Standards. Any site plan submitted with this application may require revision during detailed
site plan review to meet all applicable City Codes and Standards. All applicable permits required
by the City Code, including those administered by the Department of Planning / Development
Services Center and Department of Planning / Permits and Inspections Division, and the issuance
of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
CARMAX AUTO SUPERSTORES,
Agenda Item 2
Page 4
Conditions of March 25, 2003 Use Permit
1. The development of the site shall substantially conform with the site plan entitled "Carmax
Store No. 7130, Virginia Beach, Virginia, Preliminary Site Plan" dated January 22, 2003
exhibited to City Council and on file in the Planning Department. 'REQUESTED FOR
MODIFICATION)
2. The building shall be developed in substantial conformance with the rendering entitled "Carmax
Zoning Elevations" dated January 22, 2003 as exhibited to City Council and on file in the Planning
Department.
3. The landscaping on the site shall substantially conform with the plan entitles "Carmax Store No.
7130, Virginia Beach, Virginia, Landscape Development Plan" dated November 12, 2002
exhibited to City Council and on file in the Planning Department.
4. The block wall surrounding the storage area shall be at least 6 feet in height and shall not exceed
8 feet in height. The block wall shall substantially conform to the exhibit entitled "Carmax
Decorative Screen Wall Detail" exhibited to City Council and on file in the Planning Department.
5. A Board of Zoning Appeals variance is required to set the wall back 20 feet from 1-264 as shown
on the site plan. If the variance is not granted, the wall shall be relocated to the 35 -foot setback
required in the Zoning Ordinance.
6. All internal lot lines shall be vacated by plat.
7. Except for the masonry wall and parking expansion area shown o the site plan submitted to the
Planning Department with this application, no structures or stormwater detention facilities shall be
constructed within 65 feet of the current right-of-way of 1-264.
8. No outside storage of junk or salvage vehicles shall be permitted. If vehicles in this condition
require storage, then such vehicles shall be stored within the building.
9. There shall be no pennants, streamers, banners, balloons or searchlights displayed on the site at
any time.
10. The applicant shall install Category! landscaping on the east side of the wall enclosing the area
designated "Non -Saleable, 3.25 ac." On the plan referenced in Condition 1.
CONDITIONS OF PREVIOUSLY APPROVED
USE PERMIT
CARMAX AUTO SUPERSTORES, INC,
Agenda Item 2
Page 5
I
r
AERIAL OF SITE LOCATION
CARMAX AUTO SUPERSTORES, INC.
Agenda Item 2
Page 6
NOTES
1 0115 PRELIMINARY PLAN IS NOT
INTENDED FOR CONSTRUCTION.
2. REOUIREO GREEN SPACE AND
LANDSCAPING SHALL DE PRO.IOED MATH
FINAL SITE PLAN .UBMITTAL,
"ham:
PARKING
SC/gOOSF - AUTO SALES AND SER9TCE
(ISP / 9005F) x (40,635 ST) • 46 SPACES
1 SP/270SF - OFFICE
(ISP / 27050 x (17,662 SF) - 66 SPACES
1 SP/EMPLOYEE - EMPLOYEE ON MAX SHIFT
(ISP / EMPI) X ('00 EMPL.) • 100 SPACES
I TOTAL - 212 SPACES
zi
-.Y1
v 9«nh
ZED
0 60' 120' 240'
SCALE: 1" = 60'-0"
Qi"
Ni
/3050010 31YS310XU6
318Y3100-NON
'df3/1500
201 S3M
DNOUNd
TROLLED ACCESS
NON -SALEABLE 3.25 AC.
U
Ir
rc3 I i — ` CI
°' ` z
n�
ii -r-1 A- FE.:;`,. ----0
II I N °� I <,1 111
1 ilW' j1
1 I V`§ 11
1 , 'g< I I
1
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11
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1 I
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s,
1 N 1
I
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RAPD
CONDITIONS
PROPOSED SITE PLAN
(Condition 1)
CARMAX AUTO SUPERSTORES, INC.
Agenda Item 2
Page 7
n
iiy i
111
1, It,
„lel
! 11!&1, \f 1b�I/�
e
2
-
.,
PROPOSED SITE PLAN- FIRST PHASE
(Condition 2)
CARMAX AUTO SUPERSTORES, INC.
Agenda Item 2
Page 8
f
iI
101°0
OC l('ON 3H016 W•HOIRM VA
38O.LSH3dAS Olnv 3H1
X@11111M3
_CHZSINI/T AWAVE (VAR R
AV
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roczter. lor...c.• mitt
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11 I r -i h �hi-I 1'-i- E-+ 4-4- a--1—_�--
113
Ih
1
PROPOSED LANDSCAPING PLAN- FIRST
PHASE (Condition 3)
CARMAX AUTO SUPERSTORES, INC.
Agenda Item 2
Page 9
I
PROPOSED PARKING PLAN- FIRST PHASE
CARMAX AUTO SUPERSTORES, INC.
Agenda Item 2
Page 10
LYNNHAVEN
CarMax Auto Superstores, Inc.
- VIRGINIA BEACH BLVD -
1iiw J:I/'t '■l`/
*tlKy Cal •' �''�
kidMai•.s+F,.eP,Maffli31 06621
'Zoning with Conditions,Proffers. Open Space Promotion
Modification of Conditions
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
02/11/2014
_
Modification of Conditional Use Permit (Automobile Repair)
Approved
12/14/2004
Conditional Use Permit (Automobile Repair)
Modification of Conditional Use Permit (Automobile Repair)
Conditional Use Permit (Motor Vehicle Rental)
Approved
Approved
Approved
09/28/2004
09/28/2004
09/09/2003
Conditional Use Permit (Motor Vehicle Sales)
Approved
09/09/2003
Change of Zoning (1-1 to B-2)
Approved
Approved
Approved
12/10/2002
Conditional Use Permit (Motor Vehicle Sales)
06/05/2001
Conditional Use Permit (Automobile Repair)
2
06/22/2010
Conditional Use Permit (Tattoo Parlor)
Approved
3
12/01/2009
Conditional Use Permit (Motor Vehicle Sales & Service)
Approved
4
03/25/2003
Conditional Use Permit (Motor Vehicle Sales)
Approved
Approved
03/25/2003
Change of Zoning (1-2 to Conditional B-2)
08/08/1988
Conditional Use Permit (Communications Tower)
Approved
07/05/1988
Conditional Use Permit (Automobile Repair)
Approved
5
09/28/2003
Conditional Use Permit (Mausoleum Cemetery)
Approved
09/28/2003
Change of Zoning (B-2 to 0-1)
Approved
6
07/13/1993
Conditional Use Permit (Motor Vehicle Rental)
Approved
10/30/1989
Conditional Use Permit (Automobile Repair)
Approved
CARMAX AUTO SUPERSTORES, INC.
Agenda Item 2
Page 11
V
Does an official or employee of theme City of Virginia Beach have an interest in the
pr.( subject land? Yes No IN
1i If yes, what is the name of the official or employee and the nature of their interest?
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)
See Attachment B
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
See Attachment B
Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
riCheck here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
' & 2 See next page for footnotes
Modification of Conditions Application
Page 8 of 9
Revised 11/1/2013
DISCLOSURE STATEMENT
CARMAX AUTO SUPERSJORES,F`I VC,
Agenda Item 2
Page 12
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Troutman Sanders LLP
IGmiey-Hom and Associates, Inc.
"Parent -subsidiary relationship' means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Govemment Conflict of Interests Act, Va.
Code § 2.2-3101.
2 'Affiliated business entity relationship' means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (IQ a controlling owner in one entity is also a controlling
owner in the other entity, or (111) 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 entitles; there are common or commingled funds or assets; the
business entitles share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a dose working relationship
between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: 1 certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I an responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions In this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
Applicant's Signature
Dark] T. BPcY(#
Print Name Vtct Qcrkiornf/
110-p- fiaVt
Property Owner's Signature (if different than applicant) Print Name
ModMeaeon of Con&dora Application
Page 9 of 9
Reviaed 11/1/2013
DISCLOSURE STATEMENT
CARMAX AUTO SUPERSTORES, INC.
Agenda Item 2
Page 13
Item #2
Carmax Auto Superstores, Inc.
Modification of Conditions
3801 & 3789 Bonney Road
District 5
Lynnhaven
May 14, 2014
CONSENT
An application of Carmax Auto Superstores, Inc. for a Modification of a Conditional Use Permit for Motor Vehicle
Sales — approved by the City Council on March 25, 2003 on property located at 3801 & 3789 Bonney Road, District
5, Lynnhaven. GPIN: 14873384490000.
CONDITIONS
1. Condition 1 of the Conditional Use Permit approved by City Council on March 25, 2003 is hereby replaced with
the following condition:
With the exception of any modifications required by any of the other conditions listed below or as a result of
development site plan review, the development of the site shall substantially conform with the site plan
entitled "CARMAX STORE NO. 7130, VIRGINIA BEACH, VIRGINIA, MODIFICATION OF CONDITIONS," dated
February 28, 2014, and prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the City
Council and is on file in the Planning Department.
2. With the exception of any modifications required by any of the other conditions of this Use Permit or as a
result of the development site plan review process, Phase 1 of the development of the storage yard shall
substantially conform with the site plan entitled "CARMAX THE AUTO SUPERSTORE, VA BEACH, VA STORE NO.
7130, SITE PLAN," and further labeled by staff as "Phase 1." Said plan is dated 04/15/2014, prepared by
Kimley-Horn and Associates, Inc., has been exhibited to City Council, and is on file in the Planning Department.
3. With the exception of any modifications required by any of the other conditions or as a result of the
development site plan review process, landscaping for Phase 1 of the development shall substantially conform
to the landscaping plan entitled "CARMAX THE AUTO SUPERSTORE, VA BEACH, VA STORE NO.7130, PLANT
PLAN," dated 04/15/2014, prepared by Kimley-Horn and Associates, Inc. Said plan has been exhibited to City
Council, and is on file in the Planning Department. At the time Phase 2 is developed, the perimeter fencing and
landscaping said plan shall be installed with Phase 2.
4. The original conditions of the Conditional Use Permit approved by City Council on March 25, 2003, except as
herein amended, shall remain in full force and effect.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approved Item 2.
AYE 11
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
NAY 0
ABS 0 ABSENT 0
1
Item #2
Carmax Auto Superstores, Inc.
Page 2
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commission approved item 2 for consent.
R.J. Nutter appeared before the Commission on behalf of the applicant.
ATTACHMENT B TO MODIFICATION OF CONTIDIONS APPLICATION
CARMAX AUTO SUPERSTORES, INC.
APPLICANT DISCLOSURE
1. List of Officers:
President and CEO: Tom Folliard
Executive Vice President, Hunan Resources and Administration: Bill Nash
Executive Vice President, Chief Financial Officer: Tom Reedy
Executive Vice President, Stores: Cliff Wood
Senior Vice President, CarMax Auto Finance: Angie Chattin
Senior Vice President, Service Operations: Ed Hill
Senior Vice President, General Counsel and Corporate Secretary: Eric Margolin
Senior Vice President and Chief Information Officer: Richard Smith
2 CarMax, Inc.
CarMax Auto Superstores West Coast, Inc.
CarMax Auto Superstores California, LLC
CarMax Business Services, LLC
CarMax of Laurel, LLC
CarMax Auto Mall, LLC
CarMax Properties, LLC
CarMax Auto Superstores Services, Inc.
CarMax Auto Funding LLC
CarMax Funding Services II, LLC
CarMax Funding II, LLC
CarMax Funding Services, LLC
CarMax Funding III, LLC
CarMax Funding IV, LLC
• dification of Condition
Zonin • with Conditions/Proffers. Open Space Promotro
I
,0:75
�,�,W icy �7
r �
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: MICHAEL D. SIFEN (Applicant) / GEORGE STREET CORP. (Owner),
Conditional Use Permit (Indoor Self -Storage Facility). 3443 Virginia Beach
Boulevard (1487741386, part of). COUNCIL DISTRICT — LYNNHAVEN.
MEETING DATE: June 17, 2014
• Background:
The applicant requests a Conditional Use Permit to allow development of the
eastern portion of a 5.1 -acre site with a three-story self -storage facility. The self -
storage facility proposed by the applicant will be located on the eastern portion of
the site; however, the applicant is owner of the entire site, albeit through a
separate corporate entity. Until 2010, a sales dealership for Dodge motor
vehicles was located on the site. The site was then vacant until early -2013, when
a used -car business was established in the existing building. Minor cosmetic
improvements were made to the existing building, and the nonconforming sign
associated with the former Dodge dealership was replaced with a new sign that
conforms to Zoning Ordinance requirements.
• Considerations:
The proposed self -storage facility will be constructed on the eastern third of the
width of the site. The portion of the lot designated for the facility is approximately
165 feet in width, consisting of a 10 -foot side yard setback, a building width of
125 feet, and 30 feet of paved access for the ground -level units on the western
side of the building. The remaining portion of the lot will continue to be used as it
is for the immediate future.
Consistent with the design of the applicant's self -storage facilities in other areas
of the city, the building is designed such that its exterior facade, particularly the
most visible parts, resembles an office building.
The site is located within the Rosemont Strategic Growth Area (SGA). As noted
in the Comprehensive Plan section of this report, the subject site is within an
area of the SGA referred to as "Development Initiative #10, Virginia Beach
Boulevard Office Development." The SGA Plan states "because this highly visible
area is isolated from nearby residential neighborhoods, it is appropriate to
redevelop this area with office and retail uses." Although the proposed self -
storage use is not an office or retail use, the building form has the appearance of
a two-story office building, thus `fitting in' with the long-term vision for the area.
I
MICHAEL D. SIFEN
Page 2 of 3
Further details pertaining to the site and building designs, 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 11-0, to recommend approval of this request to the
City Council as proffered / with the following 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 submitted site plan
entitled "Use Permit Exhibit, Mini Price Storage at 3443 Virginia Beach
Boulevard," prepared by Martin Engineering, and dated 01/28/14.
2. Except as modified by any other condition of this Conditional Use Permit
or as necessary to comply with applicable City development ordinances
and standards, the exterior design, materials, and colors of the building
shall be in substantial conformance with the following:
a. Elevation drawings entitled, "Mini Price Storage: 3443 Virginia
Beach Boulevard, Concept Elevations," prepared by Finley Design,
Architecture + Interiors, dated January 28, 2013. Said Elevations
have been exhibited to the City Council and is on file in the City of
Virginia Beach Planning Department.
b. Perspective renderings, entitled, "Mini Price Storage: 3443 Virginia
Beach Boulevard, Conceptual Perspective View 1 and 2," prepared
by Finley Design, Architecture + Interiors, dated January 28, 2014.
Said perspective renderings have been exhibited to the City
Council and are on file in the City of Virginia Beach Planning
Department.
3. The construction / development site plan submitted to the Development
Services Center shall show at least one (1) handicapped -accessible
parking space meeting the requirements of the Americans with Disabilities
Act (ADA).
4. The applicant shall plant evergreen trees branching to the ground on 20 -
foot centers along the rear 100 -foot length of the eastern side of the
building for the purpose of reducing the mass of the building visible along
that portion of the property line. Trees should be a minimum of 8 -foot to
10 -foot high at the time of installation.
5. The applicant shall submit a Lighting Plan and/or Photometric Diagram
Plan at the time of construction / development site plan review. Lighting
I
MICHAEL D. SIFEN
Page 3 of 3
shall overlap and be uniform throughout the parking area. All lighting on
the site shall be consistent with those standards recommended by the
Illumination Engineering Society of North America. The plan shall include
provisions for implementing low-level security lighting for non -business
hours.
6. The applicant shall either remove or replace the chain-link fence along the
eastern lot line, north of the building wall, and shall also remove or replace
the chain-link fence along the southern lot line for a minimum distance of
150 feet from the southeast corner of the property. Barbed -wired shall not
be installed on any part of the fence.
7. This Use Permit applies only to the easternmost part of the site (GPIN
14877413860000), as established by a distance from the eastern property
westward of 165 feet.
• 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
V -----
City Manager:
LYNNHAVEN
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REQUEST:
Conditional Use Permit (Mini -Warehouse / Self Storage)
ADDRESS / DESCRIPTION: 3443 Virginia Beach Boulevard
6
May 14, 2014 Public Hearing
APPLICANT:
MICHAEL D.
SIFEN, INC.
PROPERTY OWNER:
GEORGE STREET
CORP.
STAFF PLANNER: Stephen J. White
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
1487741386 (part of) LYNNHAVEN Total Site = 5.1 acres Less than 65 dB DNL
Use Permit Site = 1.8 acres AICUZ
BACKGROUND / DETAILS OF PROPOSAL
Background
The applicant requests a Conditional Use Permit to allow development of the eastern portion of a 5.1 -acre
site with a three-story self -storage facility. The self -storage facility proposed by the applicant will be
located on the eastern portion of the site; however, the applicant is owner of the entire site, albeit through
a separate corporate entity. Until 2010, a sales dealership for Dodge motor vehicles was located on the
site. The site was then vacant until early -2013, when a used -car business was established in the existing
building. Minor cosmetic improvements were made to the existing building, and the nonconforming sign
associated with the former Dodge dealership was replaced with a new sign that conforms to Zoning
Ordinance requirements.
The site is completely impervious, with 32,516 square feet of the site area consisting of buildings and the
remaining area consisting of either asphalt or concrete paving. A chain-link fence is located along the
eastern, western, and southern lot lines. The majority of the fence is in significant disrepair, overgrown
with weeds, and topped with barbed-wire.
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 1
Details
Site Design
• The proposed self -storage facility will be constructed on the eastern third of the width of the site.
The portion of the lot designated for the facility is approximately 165 feet in width, consisting of a
10 -foot side yard setback, a building width of 125 feet, and 30 feet of paved access for the
ground -level units on the western side of the building. The remaining portion of the lot will
continue to be used as it is for the immediate future.
• The 30 -foot width for the access drive is set by the width between the proposed building and the
existing car sales building, as that building will remain until that portion of the site is redeveloped.
• The proposed placement of the building is intended to correspond to front building facade of the
adjacent retail center.
• Parking for the facility is located between the front facade of the building and the Virginia Beach
Boulevard right-of-way. The parking area is designed with a single drive aisle with perpendicular
parking on both sides. The design and location is similar to the parking area of the adjacent retail
store, and offers the opportunity for a connection between the two if appropriate as part of a
future redevelopment.
• The site plan shows 22 parking spaces. The parking requirement for this type of self -storage
facility is established by the Use Permit; however, the parking requirement for warehouse
facilities, of which this facility is a type, is one space per employee on shift. Even if that
requirement is included, staff finds that the number of parking spaces is sufficient.
• The plan does not show handicap -accessible parking. One such space is required for the number
of spaces provided within the proposed lot; this will need to be addressed during construction site
plan review.
• There is an area of approximately 4,500 square feet between the rear of the building and the rear
lot line that is 15 feet at the closest point and 40 feet and the farthest. The area is a suitable
location for a component of the required stormwater system. The site plan submitted with the
proposed plan does not show any stormwater management facilities; however, according to the
applicant, a stormwater management plan will be submitted with the construction site plan, and
the plan will address the stormwater for this development as well as potential future development
of the remainder of the site. Accordingly, the principal components of the stormwater
management facilities will be located on the area of the applicant's site area of the immediate
self -storage facility.
Building Design
• As previously noted, the portion of the building parallel to Virginia Beach Boulevard has a width of
125 feet. The length of the building, facing the used car dealership on the west side and the side
of the retail store and its loading area on the east, is 400 feet.
• Consistent with the design of the applicant's self -storage facilities in other areas of the city, the
building is designed such that its exterior facade, particularly the most visible parts, resembles an
office building.
• The building materials proposed for the majority of the exterior consist of brown, large -cut
textured block at the first floor level, a band of red EIFS between the first and second floor levels,
light tan, small -cut textured block at the second and third floor levels, a wider red band of red
EIFS at the top of the third -floor level, and a darker tan, textured block above that level, capped
by a white EIFS cornice that extends slightly outward from the facade.
• The exterior of the office area of the facility has a different design and different materials and
colors for the purpose of establishing its role as the principal entrance to the building for visitors.
The office area, located at the northwest corner of the building, wraps around the corner of the
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 2
building and runs along the western facade for a distance equal to the front facade. The facade of
the office area projects approximately one -foot from the primary facade of the building.
• The exterior materials for the office area primarily consist of white scored EIFS with red highlight
bands around the storefront windows and at the top of the third floor level, continuing the band at
that level throughout the exterior. The base of the office area consists of a dark brown textured
block.
• The mass and long length of the building exterior is provided visual interest by use of projecting
tower elements that replicate the design and color of the office area. These elements also project
slightly above the roofline of the main building, providing visual interest along the horizontal line of
the building. Alternating colors for the block used between the first -floor level and the roofline also
provide visual interest, particularly along the eastern side of the building.
• The first floor level of the western facade consists of a series of two storefront -style entrances,
which providing the primary access to the interior storage units. This area is covered by a 20 -foot
wide, 40 -foot long canopy. The remaining area of the first floor consists of overhead garage doors
that provide access to traditional storage units.
• Wall -mounted lights are located on the building above the second -floor level of the projecting
tower elements ensures adequate lighting of the building exterior without creating light spillover
onto the adjacent property. The office area has the same lighting type, but also includes lighting
fixtures at the first -floor level.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Paved parking and display area associated with auto sales dealership.
SURROUNDING LAND
USE AND ZONING:
North: • Virginia Beach Boulevard
• Retail; motor vehicle sales / B-2 Community Business District
South: • Former Norfolk Southern ROW
• Interstate Highway 264
East: • Retail Shopping Center / B-2 Community Business District
West: • Retail, office, and personal services / B-2 Community
Business District
NATURAL RESOURCE AND The site is completely impervious and has no known natural or
CULTURAL FEATURES: cultural resources of significance.
COMPREHENSIVE PLAN:
Applicable Land Use Policies - The site is located within the Rosemont Strategic Growth Area (SGA).
The Rosemont SGA Master Plan was adopted by the City Council on September 13, 2011, by reference
as a component of the Comprehensive Plan. The Plan calls for the transformation of underutilized,
under -performing commercial properties into mixed-use and residential development opportunities
accompanied by public infrastructure improvements (p.13). The subject site is located in an area of the
SGA referred to as "Development Initiative #10, Virginia Beach Boulevard Office Development."
Regarding this area, the Plan states "because this highly visible area is isolated from nearby residential
neighborhoods, it is appropriate to redevelop this area with office and retail uses. Buildings should front
Virginia Beach Boulevard with parking behind to create attractive public space," (p. 49).
Applicable Site and Building Design Policies -
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 3
Page 40 of the Rosemont SGA Plan establishes general building criteria for different building types.
Office (and Institutional) buildings should be between one and six stories, occupy 70 percent of the
'facade zone,' and have building floorplates between 10,000 and 30,000 square feet. The Plan did not
anticipate the use of ground and upper floors for self -storage. Accordingly, there are no specific
recommendations for this use. The 'height map' calls for a maximum height of four stories (p. 36).
The Comprehensive Plan's "Special Area Development Guidelines, Urban Areas" also calls for placing
buildings close to the street and locating parking areas behind or beside buildings. Parking areas should
not dominate the frontage of streets. Stormwater management areas should be designed as open space
or landscape amenities. Building exteriors should include features that promote a human scale including
recessed or projecting entries, individual windows with multiple panes, and textured or modular building
materials (pp. B -1—B-5).
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia
Beach Boulevard is an eight -lane urban major arterial. There are no Roadway Capital Improvement
Program projects for this segment of the roadway.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Virginia Beach
52,500 ADT 1
34,940 ADT 1(Level of
Existing Land Use ?—
Boulevard
Service "C") — 56,240
1,192 ADT
(Level of Service "C")
73 AM Peak Hour Trips
ADT 1 (Level of Service
"D" - Capacity)
93 PM Peak Hour Trips
s
Proposed Land Use
— 1,328 ADT
81 AM Peak Hour Trips
113 PM Peak Hour
Trips
'Average Daily Trips
2 as defined by 35,750 SF auto sales dealership
3as defined by 35,750 SF auto sales dealership and 150,000 SF self -storage facility
WATER: The site is already connected to the City's water supply system. There are multiple City water
mains within Virginia Beach Boulevard (20 -inch; 16 -inch; and 42 -inch transmission line).
SEWER: The site is already connected to the City's sanitary sewer system. There is an existing 8 -inch
City sanitary sewer gravity main onsite within the west and south sides of the property. There is an
existing 24 -inch HRSD sanitary sewer force main within Virginia Beach Boulevard. Pump Station #504
has capacity issues; therefore, analysis of the pump station will be required to ensure future flows can
be accommodated.
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 4
EVALUATION AND RECOMMENDATION
The site is located within the Rosemont Strategic Growth Area (SGA). As noted in the Comprehensive
Plan section of this report, the subject site is within an area of the SGA referred to as "Development
Initiative #10, Virginia Beach Boulevard Office Development." The SGA Plan states "because this highly
visible area is isolated from nearby residential neighborhoods, it is appropriate to redevelop this area with
office and retail uses." Although the proposed self -storage use is not an office or retail use, the building
form has the appearance of a two-story office building, thus 'fitting in' with the long-term vision for the
area.
The SGA Plan also states that "Buildings should front Virginia Beach Boulevard with parking behind to
create attractive public space," (p. 49). The submitted plan places the front of the building facade
equivalent to the front building facade of the adjacent retail center. Moreover, as noted earlier in this
report, the applicant's design places the parking area equivalent to the location of the parking on the
adjacent site. Staff modeled designs for the building that moved it closer to the street, but the result was
an increase in building mass at the street such that the building 'overpowered' the streetscape. If, as
recommended by the SGA Plan, there were existing buildings of similar height located adjacent to the
right-of-way within this portion of the Rosemont SGA, and those buildings had a front facade parallel to
Virginia Beach Boulevard with a greater width than the proposed, the mass of the applicant's proposed
building would be of appropriate scale and be proportional to the streetscape. In other words, if the
building was placed at or closely adjacent to the right-of-way, the width of the building parallel to the
street is not great enough to compensate for the height, and thus, the mass of the building at the street
creates the appearance of a 'tall wall.' A building with a greater width such that it is proportional to its
height results in the mass and sense of 'enclosure' that creates an urban streetscape. In sum, at this
point in the transformation of the Rosemont SGA to an urban environment, the location of the applicant's
proposed building at the street is not appropriate. Thus the proposed location is more appropriate. As the
applicant proceeds with the redevelopment of the remainder of the property, the opportunity for
replacement of the parking area between the street and the front facade with an open space amenity is
possible.
Staff recommends approval of this request with the conditions below.
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
submitted site plan entitled "Use Permit Exhibit, Mini Price Storage at 3443 Virginia Beach
Boulevard," prepared by Martin Engineering, and dated 01/28/14.
2. Except as modified by any other condition of this Conditional Use Permit or as necessary to
comply with applicable City development ordinances and standards, the exterior design,
materials, and colors of the building shall be in substantial conformance with the following:
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 5
a. Elevation drawings entitled, "Mini Price Storage: 3443 Virginia Beach Boulevard,
Concept Elevations," prepared by Finley Design, Architecture + Interiors, dated January
28, 2013. Said Elevations have been exhibited to the City Council and is on file in the
City of Virginia Beach Planning Department.
b. Perspective renderings, entitled, "Mini Price Storage: 3443 Virginia Beach Boulevard,
Conceptual Perspective View 1 and 2," prepared by Finley Design, Architecture +
Interiors, dated January 28, 2014. Said perspective renderings have been exhibited to
the City Council and are on file in the City of Virginia Beach Planning Department.
3. The construction / development site plan submitted to the Development Services Center shall
show at least one (1) handicapped -accessible parking space meeting the requirements of the
Americans with Disabilities Act (ADA).
4. The applicant shall plant evergreen trees branching to the ground on 20 -foot centers along the
rear 100 -foot length of the eastern side of the building for the purpose of reducing the mass of
the building visible along that portion of the property line. Trees should be a minimum of 8 -foot to
10 -foot high at the time of installation.
5. The applicant shall submit a Lighting Plan and/or Photometric Diagram Plan at the time of
construction / development site plan review. Lighting shall overlap and be uniform throughout
the parking area. All lighting on the site shall be consistent with those standards recommended
by the Illumination Engineering Society of North America. The plan shall include provisions for
implementing low-level security lighting for non -business hours.
6. The applicant shall either remove or replace the chain-link fence along the eastern lot line, north
of the building wall, and shall also remove or replace the chain-link fence along the southern lot
line for a minimum distance of 150 feet from the southeast corner of the property. Barbed -wired
shall not be installed on any part of the fence.
7. This Use Permit applies only to the easternmost part of the site (GPIN 14877413860000), as
established by a distance from the eastern property westward of 165 feet.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site plan submitted with this application may require revision
during detailed site plan review to meet all applicable City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of Planning /
Development Services Center and Department of Planning / Permits and Inspections Division,
and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strategies as they pertain to this site.
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 6
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AERIAL OF SITE LOCATION
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 7
SITE STATISTICS
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MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 8
PROPOSED SITE PLAN SUPERIMPOSED ON
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MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 9
I
RENDERING OF PROPOSED BUILDING AS VIEWED FROM
VIRGINIA BEACH BOULEVARD TO THE SOUTHEAST (Condition 2)
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 10
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MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 11
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Mini Price Storage: 3443 Virginia Beach Boulevard
January 28. 2013
Concept Elevations
Virginia Beach. VA
ELEVATION DRAWINGS OF PROPOSED
BUILDING (Condition 2)
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 12
LYNNHAVEN
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Michael D. Sifen, Inc.
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' Zoning with Conclitions,Proffers. Open Space Promotion
CUP for Mini -Warehouse / Self Storage
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
08/28/12
Conditional Use Permit (Tattoo Parlor)
Approved
11/18/74
Rezoning (B-2 Business to 1-2 Industrial)
Approved
04/17/86
Rezoning (1-2 Industrial to B-2 Business)
Approved
2
02/08/00
Conditional Use Permit (Motor Vehicle Sales, Rental & Service)
Approved
Conditional Rezoning (R-7.5 Residential to B-2 Commercial) &
12/13/11
Conditional Use Permit (Motor Vehicle Sales, Rental & Service -
expansion)
Approved
3
080/5/03
Conditional Use Permit (Indoor Recreation)
Approved
09/10/96
Conditional Use Permit (Communication Tower)
Approved
4
04/08/97
Conditional Use Permit (Automobile Fueling Station in conjunction
with a Convenience Store, Fast Food Restaurant & Carwash)
Approved
5
10/02/01
Conditional Use Permit (Automobile Fueling Station)
Approved
04/24/01
Conditional Use Permit (Automobile Service)
Approved
6
11/08/05
Conditional Use Permit (Car Wash)
Approved
7
06/08/10
Conditional Use Permit (Religious Use)
Approved
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 13
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)
Michael D. Sifen, Inc.: Michael D. Sifen, President; Donald R. Smith, Vice President;
Barry A. Sifen, Chief Financial Officer/Treasurer
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
nCheck 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)
George Street Corp.: Michael D. Sifen, President; Barry A. Sifen, Vice President/CFO
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
nCheck here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1 & 2 See next page for footnotes
Does an official or em loyee 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?
11► TT1 TAT I11► T ► T
DISCLOSURE STATEMENT
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 14
4
4
1
1
1
1
1
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)
Finley Design
Martin Engineering
Sykes, Bourdon,Ahern & Levy, P.C.
' "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, 1 am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
Michael D. Sifen, nc
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Property Owner's Signature (tfdifferent than applicant) Print Name
DISCLOSURE STATEMENT
MICHAEL D. SIFEN, INC.
Agenda Item 6
Page 15
1
Item #6
Michael D. Sifen
Conditional Use Permit
3443 Virginia Beach Boulevard
District 5
Lynnhaven
May 14, 2014
CONSENT
An application of Michael D. Sifen for a Conditional Use Permit (Mini -Warehouse / Self Storage) on property
located at 3443 Virginia Beach Boulevard, District 5, Lynnhaven. GPIN: 1487741386 (part of).
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 submitted site plan entitled
"Use Permit Exhibit, Mini Price Storage at 3443 Virginia Beach Boulevard," prepared by Martin Engineering,
and dated 01/28/14.
2. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with
applicable City development ordinances and standards, the exterior design, materials, and colors of the
building shall be in substantial conformance with the following:
a. Elevation drawings entitled, "Mini Price Storage: 3443 Virginia Beach Boulevard, Concept Elevations,"
prepared by Finley Design, Architecture + Interiors, dated January 28, 2013. Said Elevations have been
exhibited to the City Council and is on file in the City of Virginia Beach Planning Department.
b. Perspective renderings, entitled, "Mini Price Storage: 3443 Virginia Beach Boulevard, Conceptual
Perspective View 1 and 2," prepared by Finley Design, Architecture + Interiors, dated January 28, 2014.
Said perspective renderings have been exhibited to the City Council and are on file in the City of Virginia
Beach Planning Department.
3. The construction / development site plan submitted to the Development Services Center shall show at least
one (1) handicapped -accessible parking space meeting the requirements of the Americans with Disabilities Act
(ADA).
4. The applicant shall plant evergreen trees branching to the ground on 20 -foot centers along the rear 100 -foot
length of the eastern side of the building for the purpose of reducing the mass of the building visible along
that portion of the property line. Trees should be a minimum of 8 -foot to 10 -foot high at the time of
installation.
5. The applicant shall submit a Lighting Plan and/or Photometric Diagram Plan at the time of construction /
development site plan review. Lighting shall overlap and be uniform throughout the parking area. All lighting
on the site shall be consistent with those standards recommended by the Illumination Engineering Society of
North America. The plan shall include provisions for implementing low-level security lighting for non -business
hours.
6. The applicant shall either remove or replace the chain-link fence along the eastern lot line, north of the
building wall, and shall also remove or replace the chain-link fence along the southern lot line for a minimum
distance of 150 feet from the southeast corner of the property. Barbed -wired shall not be installed on any part
of the fence.
1
Item #6
Michael D. Sifen
Page 2
7. This Use Permit applies only to the easternmost part of the site (GPIN 14877413860000), as established by a
distance from the eastern property westward of 165 feet.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 6.
AYE 11 NAY 0 ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commission approved item 6 for consent.
Eddie Bourdon appeared before the Commission on behalf of the applicant.
Hampton Roads Sanitation District
N
CUP for Cellular Telephone Antenna
Zoning with Conditions/Proffers. Open Space Promotion
C
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: HAMPTON ROADS SANITATION DISTRICT (Applicant / Owner),
Conditional Use Permit for a Communication Tower. 5332 Shore Drive
(GPIN 1469586638). COUNCIL DISTRICT — BAYSIDE.
MEETING DATE: June 17, 2014
• Background:
The applicant is requesting a Conditional Use Permit for a wireless
communication tower. The proposed site for the tower is a 3,200 -square foot
portion of the Hampton Roads Sanitation District (HRSD) Chesapeake -Elizabeth
Treatment Plant site. The 22.33 -acre site is zoned 1-2 Heavy Industrial District.
The tower will support wireless communication equipment that is part of a "Smart
Sewer System" developed by HRSD in response to a Regional Consent Order
issued by the Environmental Protection Agency (EPA) and the Department of
Environmental Quality (DEQ).
■ Considerations:
The proposed tower will be a monopole. The proposed height is 148 feet Above
Ground Level (AGL) [144 -foot high tower with 4 -foot high lightning rod]. Based on
a Determination of No Hazard (DNH) to Air Navigation issued by the Federal
Aviation Administration / Obstruction Evaluation office (FAA/OE), on April 29,
2014, a height of 117 feet was determined to be the maximum that will not be a
hazard to air navigation. The applicant has proposed a tower with a height of 148
feet, and the applicant has noted that such height is critical to the antennas on
the tower actually being able to communicate with the other HRSD antennas.
The applicant, therefore, has informed staff that it will be seeking a new NPH
letter from FAA/OE that will allow the 148 -foot height. That height is indicated on
the plans referenced by Condition 1 recommended with this Use Permit.
It is important to remember that Section 202(b) of the Zoning Ordinance states
that no structure is allowed in any zoning district that on the basis of its height
would constitute an obstruction to air navigation pursuant to Part 77, Subpart C,
of the Federal Aviation Administration Regulations, 14 C.F.R. §§ 77.21 et seq. or
any successor regulation, or would cause an adjustment to an airfield's
established straight -in, circling, alternate, takeoff and safety minima, or which
would adversely affect radio reception or radar coverage for any airfield or FAA
facility. The FAA/OE is responsible for making that determination and enforcing
those regulations. Accordingly, the maximum height of the tower will be either the
148 feet as shown on the conditioned plans or it will a lower height as determined
HRSD
Page 2 of 3
by the FAA to not be a hazard to air navigation. Based on Section 202(b),
however, in no case will the maximum height be allowed to exceed that
established by the FAA/OE Office.
Further details pertaining to the tower and its compliance with the provisions of
Section 232 of the City Zoning Ordinance pertaining to communication towers, 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 11-0, 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 plan package, consisting of three sheets (Title Sheet [T-1], Site
Plan [Sheet Z-1], and Compound Plan [Sheet C-1]), entitled "HRSD, Site
Name: Chesapeake Elizabeth Plant 5332 Shore Drive Virginia Beach, VA
23455," prepared by NB+C Engineering Services, LLC, and dated
February 25, 2014, which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning.
2. Based upon a finding that there will be no significant detrimental effects on
surrounding properties, the screening required by Section 232(f)(4) of the
Zoning Ordinance shall be deleted, as the location of the tower within an
existing secure, fenced site, limits visibility of the tower and its ground -
level equipment.
3. The owner / operator of the tower shall provide for the collocation of
additional wireless telecommunication providers.
4. The applicant and owner -operator of the tower shall coordinate with the
Community Plans and Liaison Officer, Joint Expeditionary Base Little
Creek - Fort Story (JEBLCFS), for the purpose of resolving the request of
JEBLCFS for obstruction lighting for the tower with regard to its visibility,
as provided through night vision devices. A letter jointly signed by the
Community Plans and Liaison Officer of JEBLCFS, the applicant, and the
owner -operator of the tower, which specifies the marking / lighting agreed
to by all parties, shall be submitted to the Planning Department / Current
Planning. No permits for the tower shall be issued until said letter is
submitted as indicated.
• Attachments:
Staff Report and Disclosure Statements
Minutes of Planning Commission Hearing
HRSD
Page 3 of 3
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/A ency: Planning Department
City Manager:
7oTei-
BAYSIDE
\lap D-3
x'10 1 0 b Sr.010
Hampton Roads Sanitation District
12
Little Creek Naval
Amphibious Base
12
K20
• Zoo., in* Ce./YonsPM.,. w- span M10-odoe
CUP for Cellular Telephone Antenna
REQUEST:
Conditional Use Permit (wireless communication tower)
ADDRESS / DESCRIPTION: 5332 Shore Drive
9
May 14, 2014 Public Hearing
APPLICANT & PROPERTY
OWNER:
HAMPTON
ROADS
SANITATION
DISTRICT
(Chesapeake -Elizabeth
Treatment Plant)
STAFF PLANNER: Stephen J. White
GPIN: ELECTION DISTRICT: SITE SIZE:
1469586638 BAYSIDE Total Site Area: 22.33 acres
Tower Lease Area: 3,200 square
feet
AICUZ:
Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
Background
The applicant is requesting a Conditional Use Permit for a wireless communication tower. The proposed
site for the tower is a 3,200 -square foot portion of the Hampton Roads Sanitation District (HRSD)
Chesapeake -Elizabeth Treatment Plant site. The 22.33 -acre site is zoned 1-2 Heavy Industrial District.
The tower will support wireless communication equipment that is part of a "Smart Sewer System"
developed by HRSD in response to a Regional Consent Order issued by the Environmental Protection
Agency (EPA) and the Department of Environmental Quality (DEQ). The Regional Consent Order directs
HRSD and the localities of Southeastern Virginia to reduce sanitary sewer overflows, which are primarily
caused by water infiltrating the sewer system during heavy rainfall, which exceeds the capacity of the
sewer system, and results in the overflow of the sewer system.
HAMPTON ROADS SANITATION DISTRICT
(Chesapeake -Elizabeth Treatment Plant)
Agenda Item 9
Page 1
A key component of the Smart Sewer System will be a microwave -based, wireless, Wide Area Network
(WAN) communications system connecting HRSDs treatment plants and operational centers. Such a
system requires the installation of a communications tower at each of the facilities. Conditional Use
Permit applications for similar towers at HRSD's main offices on Air Rail Avenue and at the HRSD Atlantic
Treatment Plant have also been submitted. The towers will include lightning protection, two microwave
antennas, and a UHF omnidirectional
antenna that can receive and transmit
signals among HRSD flow meters,
pressure gages, rain gages, and related
equipment and between the treatment
plants and operational centers. This will
allow HRSD to conduct analysis of a
system during a 'wet weather event' at
the time the event is occurring. As a
result, the system will be capable of
determining if an overflow is imminent
and then redirect flow to another system
or to storage tanks.
Due to new
information
provided
since
publication
of first
report, this
paragraph
replaces the
same bullet
(5th under
'Details') as
found in the
first staff
report.
Details
• The tower will be located in the
northwest corner of the treatment plant site, approximately 775 feet from Shore Drive.
• Access to the tower will be via an existing roadway within the treatment plant site.
• The tower is located within a 3,200 -square foot compound. Due to the location of the tower within
the treatment plant's fenced site, where access is available only to HRSD staff, there is no
fencing proposed around the tower compound area. Similarly, due to the location of the
compound, the shrubs and trees required by Section 232(f)(4) of the City Zoning Ordinance
(CZO) for the purpose of screening the base of the tower and the associated equipment will not
be installed. A deviation to this requirement, per Section 221(i) of the Zoning Ordinance is
requested by the applicant.
• The compound area will contain the ground -level support equipment for HRSD's antennas, and
will provide space for the equipment of antennas of wireless communication providers that
collocate on the tower in the future.
• The proposed tower will be a monopole. The proposed height is 148 feet Above Ground Level
(AGL) [144 -foot high tower with 4 -foot high lightning rod]. Based on a Determination of No Hazard
(DNH) to Air Navigation issued by the Federal Aviation Administration / Obstruction Evaluation
office (FAA/OE), on April 29, 2014, a height of 117 feet was determined to be the maximum that
will not be a hazard to air navigation. The applicant has proposed a tower with a height of 148
feet, and the applicant has noted that such height is critical to the antennas on the tower actually
being able to communicate with the other HRSD antennas. The applicant, therefore, has informed
staff that it will be seeking a new NPH letter from FAA/OE that will allow the 148 -foot height. That
height is indicated on the plans referenced by Condition 1 recommended with this Use Permit. It
is important to remember that Section 202(b) of the Zoning Ordinance states that no structure is
allowed in any zoning district that on the basis of its height would constitute an obstruction to air
navigation pursuant to Part 77, Subpart C, of the Federal Aviation Administration Regulations, 14
C.F.R. §§ 77.21 et seq. or any successor regulation, or would cause an adjustment to an airfield's
established straight -in, circling, alternate, takeoff and safety minima, or which would adversely
affect radio reception or radar coverage for any airfield or FAA facility. The FAA/OE is responsible
for making that determination and enforcing those regulations. Accordingly, the maximum height
HAMPTON ROADS SANITATION DISTRICT
(Chesapeake -Elizabeth Treatment Plant)
Agenda Item 9
Page 2
of the tower will be either the 148 feet as shown on the conditioned plans or it will a lower height
as determined by the FAA to not be a hazard to air navigation. Based on Section 202(b),
however, in no case will the maximum height be allowed to exceed that established by the
FAA/OE Office.
• A structural analysis of the tower was submitted (Section 232(c)(3) of the CZO), indicating that
the tower will be designed to accommodate the applicant's equipment and additional carriers and
will meet all structural requirements, as per the Uniform Statewide Building Code, and all wind
loading requirements for this area. A final formal Structural Report will be provided with the formal
site plan submittal.
• Initial information and data indicate that the use of the antennas mounted on the tower will have
no impact on public safety communications (Section 232(h) of CZO). A complete Radio
Frequency Emissions Analysis Report will be submitted with the formal site plan submittal.
• Antennas to be mounted on the tower include dipole antennas, a three-foot microwave antenna,
and a six-foot microwave antenna. A four -foot high lightning rod will be mounted at the top of the
tower as part of the lightning protection for the tower.
• The tower will have space for collocation of at least three additional wireless communication
providers.
4
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Sewage treatment plant
SURROUNDING LAND North:
USE AND ZONING:
4
South:
East:
West:
• Military installation /1-2 Heavy Industrial District
• Shore Drive
• Little Creek Reservoir
• Single -Family Dwellings / R-30 Residential District
• Military installation / 1-2 Heavy Industrial District
• Military installation / 1-2 Heavy Industrial District
0
•
EVALUATION AND RECOMMENDATION
Hampton Roads Sanitation District (HRSD) is in the process of creating a 'Smart Sewer System' in order
to meet a Regional Consent Order issued by the Environmental Protection Agency (EPA) and the
Department of Environmental Quality (DEQ) pertaining to sanitary sewer overflows. A wireless
microwave -based Wide Area Network (WAN) being installed between HRSD's treatment plants and
operation centers is a component of this system. To fully implement the system, a communication tower
must be installed at each of their facilities. In addition to the equipment for HRSD, the tower at each
location will also accommodate other wireless telecommunication providers.
This Conditional Use Permit request is for the installation of a tower on the grounds of the Hampton
Roads Sanitation District's Chesapeake -Atlantic Treatment Plant. The tower will be located in the
northwest corner of the site, where the ground -level equipment will not be visible from Shore Drive. The
proposed location is also 1,117 -feet from the nearest residential dwelling. This proposed tower location
ensures compatibility with the surrounding area.
As noted in the 'Details' section of this report, the tower meets the requirements of Section 232 of the City
Zoning Ordinance, which provides the specific standards applicable to Use Permit requests for a
Communication Tower. Also noted in the 'Details' section, the tower compound will not be enclosed and
HAMPTON ROADS SANITATION DISTRICT
(Chesapeake -Elizabeth Treatment Plant)
Agenda Item 9
Page 3
screened as required by Section 232. Section 221(i) of the Zoning Ordinance, however, allows the City
Council to approve deviations to such screening and buffering requirements "for good cause shown and
upon a finding that there will be no significant detrimental effects on surrounding properties." Staff finds
that the situation in this case is appropriate for such a deviation, due to the location of the tower within an
existing secure, fenced site that limits visibility of the tower equipment from Shore Drive. Accordingly,
there will be no detrimental effects on surrounding properties by the elimination of the screening
requirements.
Based on staffs evaluation of this request, approval is recommended subject to the conditions below.
CONDITIONS
1. The site shall be developed substantially in conformance with the submitted plan package,
consisting of three sheets (Title Sheet [T-1], Site Plan [Sheet Z-1], and Compound Plan [Sheet
C-1]), entitled "HRSD, Site Name: Chesapeake Elizabeth Plant 5332 Shore Drive Virginia
Beach, VA 23455," prepared by NB+C Engineering Services, LLC, and dated February 25,
2014, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Department of Planning.
2. Based upon a finding that there will be no significant detrimental effects on surrounding
properties, the screening required by Section 232(f)(4) of the Zoning Ordinance shall be deleted,
as the location of the tower within an existing secure, fenced site, limits visibility of the tower and
its ground -level equipment.
3. The owner / operator of the tower shall provide for the collocation of additional wireless
telecommunication providers.
4. The applicant and owner -operator of the tower shall coordinate with the Community Plans and
Liaison Officer, Joint Expeditionary Base Little Creek - Fort Story (JEBLCFS), for the purpose of
resolving the request of JEBLCFS for obstruction lighting for the tower with regard to its visibility,
as provided through night vision devices. A letter jointly signed by the Community Plans and
Liaison Officer of JEBLCFS, the applicant, and the owner -operator of the tower, which specifies
the marking / lighting agreed to by all parties, shall be submitted to the Planning Department /
Current Planning. No permits for the tower shall be issued until said letter is submitted as
indicated.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City Code,
including those administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy,
are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)
concepts and strategies as they pertain to this site.
HAMPTON ROADS SANITATION DISTRICT
(Chesapeake -Elizabeth Treatment Plant)
Agenda item 9
Page 4
I
AERIAL OF SITE LOCATION
HAMPTON ROADS SANITATION DISTRICT
(Chesapeake -Elizabeth Treatment Plant)
Agenda Item 9
Page 5
1
1
B
-tea
-------------------
PROPOSED PLAN OF TOWER COMPOUND
AND ELEVATION DRAWING OF TOWER
HAMPTON ROADS SANITATION DISTRICT
(Chesapeake -Elizabeth Treatment Plant)
Agenda Item 9
Page 7 /
BAYSI DE
MapP
A4ap Not
Hampton Roads Sanitation District
12
Little Creek Naval
Amphibious Base
0
u
W
Little Creek
Reservoir
' Zoning with Conditions,Proffers. Open Space Promotion
CUP for Cellular Telephone Antenna
ZONING HISTORY
There have been no zoning changes, use permits, street closures, etc. in this area within the last ten
years.
HAMPTON ROADS SANITATION DISTRICT
(Chesapeake -Elizabeth Treatment Plant)
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 list if necessary)
Hampton Roads Sanitation District (Commissioners: Vishnu Lakdawaia, Frederick Elofson,
Michael Glenn, Arthur Bredemeyer, Maurice Lynch, I. Vincent Behm, Jr., and Stephen Rodriguez)
2. List all businesses that have a parent -subsidiary or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
1^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 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
Ill Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1 & 2 See next page for footnotes
Does an official or employee of t134 City of Virginia Beach have an
subject land? Yes No x
If yes, what is the name of the official or employee and the nature
interest in the
of their interest?
jI
J
4
DISCLOSURE STATEMENT
HAMPTON ROADS SANITATION DISTRICT
(Chesapeake -Elizabeth Treatment Plant)
Agenda Item 9
Page 9
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, 1 am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
Stephen R. Romine
Print Name
Edward G. Henifin, PE
Properfi�O�ivner's Signature if different than applicant) Print Name
DISCLOSURE STATEMENT
HAMPTON ROADS SANITATION DISTRICT
(Chesapeake -Elizabeth Treatment Plant)
Agenda Item 9
Page 10
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)
Westin Engineering - Design Engineer for the Project
Milestone Communications
1 "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
Stephen R. Romine
Print Name
Edward G. Henifin, PE
Properfi�O�ivner's Signature if different than applicant) Print Name
DISCLOSURE STATEMENT
HAMPTON ROADS SANITATION DISTRICT
(Chesapeake -Elizabeth Treatment Plant)
Agenda Item 9
Page 10
Cleaning wastewater every day for a better Bay.
The list of Commissioners is at the bottom of this letter.
Vishnu is Virginia Beach
Elofson is Newport News
Glenn is Norfolk
Bredemeyer is Suffolk
Lynch is Gloucester Point
Behm is Hampton
Rodriguez is Chesapeake
2389 G Avenue, Newport News, VA 23602 • 757.833.7501 • Fax 757.833.7428
Commissioners: Vishnu K. Lakdawala, PhD, Chairman • Frederick N. Elofson, CPA, Vice -Chairman • Michael E. Glenn
Arthur C. Bredemeyer • Maurice P. Lynch, PhD • 1. Vincent Behm, Jr. • Stephen C. Rodriguez
www.hrsd.com
HAMPTON ROADS SANITATION DISTRICT
(Chesapeake -Elizabeth Treatment Plant)
Agenda Item 9
Page 11
1
Item #9
Hampton Roads Sanitation District
Conditional Use Permit
5332 Shore Drive
District 4
Bayside
May 14, 2014
CONSENT
An application of Hampton Roads Sanitation District for a Conditional Use Permit (wireless communication tower)
on property located at 5332 Shore Drive, District 4, Bayside. GPIN:
1469586638.
CONDITIONS
1. The site shall be developed substantially in conformance with the submitted plan package, consisting of three
sheets (Title Sheet [T-1], Site Plan [Sheet Z-1], and Compound Plan [Sheet C-1]), entitled "HRSD, Site Name:
Chesapeake Elizabeth Plant 5332 Shore Drive Virginia Beach, VA 23455," prepared by NB+C Engineering
Services, LLC, and dated February 25, 2014, which has been exhibited to the Virginia Beach City Council and is
on file with the Virginia Beach Department of Planning.
2. Based upon a finding that there will be no significant detrimental effects on surrounding properties, the
screening required by Section 232(f)(4) of the Zoning Ordinance shall be deleted, as the location of the tower
within an existing secure, fenced site, limits visibility of the tower and its ground -level equipment.
3. The owner / operator of the tower shall provide for the collocation of additional wireless telecommunication
providers.
4. The applicant and owner -operator of the tower shall coordinate with the Community Plans and Liaison Officer,
Joint Expeditionary Base Little Creek - Fort Story (JEBLCFS), for the purpose of resolving the request of JEBLCFS
for obstruction lighting for the tower with regard to its visibility, as provided through night vision devices. A
letter jointly signed by the Community Plans and Liaison Officer of JEBLCFS, the applicant, and the owner -
operator of the tower, which specifies the marking / lighting agreed to by all parties, shall be submitted to the
Planning Department / Current Planning. No permits for the tower shall be issued until said letter is submitted
as indicated.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 9.
AYE 11 NAY ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
I
Item #9
Hampton Roads Sanitation District
Page 2
By a vote of 11-0, the Commission approved item 9 for consent.
Steven Romine appeared before the Commission on behalf of the applicant.
CUP - Firearm Sales and Gunsmithing
' Zoning with Conditions/Proffers. Open Space Promotion
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: ROBERT JEFFERY MOREAU (Applicant / Owner), Conditional Use Permit
for a Home Occupation (Firearm Sales & Repair). 1405 Ships Landing
(GPIN 1465467414). COUNCIL DISTRICT — CENTERVILLE.
MEETING DATE: June 17, 2014
• Background:
The applicant is requesting a Conditional Use Permit for a Home Occupation to
allow the sale of firearms. The applicant will be selling firearms and related
shooting sport accessories online.
• Considerations:
Items available for sale will include handguns, rifles, shotguns, holsters, cases,
ammunition, targets, scopes, and other miscellaneous accessory items. The
applicant will also perform minor gunsmithing services at their home. The
applicant has extensive experience with firearms and will be the sole employee.
The actual sale of firearms and all transactions will take place online. When a
firearm is purchased, the product will be sent to a federally licensed firearm
dealer located in the jurisdiction where the purchaser resides.
In addition to obtaining this Use Permit, the applicant will have to obtain a
Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm
and Explosives (ATF) prior to conducting business.
Further details pertaining to this request, as well as Staffs evaluation of it, 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 11-0, to recommend approval of this request to the
City Council with the following conditions:
1. Any firearms or firearm parts kept on the property shall be stored in a
locked, secured vault or similar container. The applicant shall contact the
Police Department / Crime Prevention Office to arrange for a meeting at
the property for the purpose of allowing for a security assessment. A
1
ROBERT JEFFREY MOREAU
Page2of2
report shall be written by the Police Department, a copy provided to the
applicant (homeowner) and the Planning Department, and the Police
Department will retain a copy. Failure to meet with the Crime Prevention
Office within one (1) month of the granting of this Use Permit shall result in
revocation of the Use Permit.
2. The applicant shall obtain and maintain a Federal Firearms License (FFL)
through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in
order to conduct his business.
3. All small arms ammunition, primers, smokeless propellants and black
powder propellants stored or awaiting transfer at the residence shall
comply with Section 3306 of the Virginia Statewide Fire Prevention Code
and NFPA 495.
4. There shall be no sign identifying the business on the exterior of any
building on the property or within the yard of the property.
5. Not more than 20 percent of the floor area of the dwelling unit and
accessory structures shall be used in the conduct of activity with the home
occupation.
6. There shall be no employees on the property associated with this home-
based business.
7. Delivery of firearms to the property shall be received on the applicant's
property only, secured by the applicant's signature.
8. The home occupation shall not create noise, dust, vibration, smell, smoke,
glare, electrical interference, fire hazard, or any other hazard or nuisance
to any greater or more frequent extent than would normally be expected in
the neighborhood under normal circumstances wherein no home
occupation exists.
• 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:
Robert Jeffery Moreau
• Zunis .0 c...*.s ne.r.. ore Saarmnalun
CUP • Firearm Sales and Gunsmithing
5
May 14, 2014 Public Hearing
APPLICANT AND PROPERTY
OWNER:
ROBERT
JEFFERY
MOREAU
STAFF PLANNER: Kevin Kemp
REQUEST:
Conditional Use Permit (Home Occupation — Firearm Sales and Gunsmithing)
ADDRESS / DESCRIPTION: 1405 Ships Landing
GPIN:
14654674140000
ELECTION DISTRICT: SITE SIZE: AICUZ:
CENTERVILLE 9,573 square feet <65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant is requesting a Conditional Use Permit for a Home Occupation to allow the sale of firearms.
The applicant will be selling firearms and related shooting sport accessories online. Items available for
sale will include handguns, rifles, shotguns, holsters, cases, ammunition, targets, scopes and other
miscellaneous accessory items. The applicant will also perform minor gunsmithing services at their home.
The applicant has extensive experience with firearms and will be the sole employee. There will be no
signage identifying the home occupation. The actual sale of firearms and all transactions will take place
online. When a firearm is purchased, the product will be sent to a federally licensed firearm dealer located
in the jurisdiction where the purchaser resides.
In addition to obtaining this Use Permit, the applicant will have to obtain a Federal Firearms License (FFL)
through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) prior to conducting business.
Any firearm that arrives on-site will be stored in accordance with ATF regulations. The applicant owns a
525 pound safe that is stored in the house. This safe will hold any amount of firearms that may be on the
site.
ROBERT JEFFERY MOREAU
Agenda Item 5
Page 1
A City of Virginia Beach Police officer will conduct a security assessment of the home in the presence of
the applicant within one month of obtaining this Use Permit. The applicant will contact the Police
Department's Crime Prevention Office (385-1066) to schedule the assessment. A report will be written by
the Police Department, a copy will be provided to the applicant (homeowner) and the Planning
Department, and the Police Department will retain a copy. The assessment will consist of the following
items:
• Inspect all exterior lighting and recommend strategies for best lighting practices to be used;
• Inspect all landscaping, looking for any conflict with lighting and any areas where there may be
places to hide;
• Inspect all interior and exterior door and window locking devices to insure that they provide
adequate home security against burglary (break-ins);
• Inspect all interior and exterior doors to determine the adequacy of their strength against
penetration by prying, force, or any other means;
• Inspect and review any alarm system that may be installed in the home;
• Inspect the room and safe where any firearms, firearms supplies, firearms parts, and money may
be stored as it pertains to the Conditional Use Permit to operate the business; and
• Ascertain who resides in the home. If there are children, the assessing officer will review safety
measures as it pertains to firearms and children.
0
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Single-family home
SURROUNDING LAND
USE AND ZONING:
North: • Single-family homes / R-7.5 Residential District
South: • Lake Christopher / R-7.5 Residential District
East: • Ships Landing
• Single-family homes / R-7.5 Residential District
West: • Single-family homes / R-7.5 Residential District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is developed with a single family home. There are no
known significant cultural features on the site. The site is located
in the Chesapeake Bay Watershed.
COMPREHENSIVE PLAN: This home -occupation is to be conducted solely within the residence and no
building or site modifications are being proposed, therefore no design comments are necessary.
•
IMPACT ON CITY SERVICES
Other than the inspections and service provided by the City's Police Department, this use will have no
direct impacts on City services.
4
ROBERT JEFFERY MORAU
Agenda Item 5
Page 2
SPECIFIC STANDARDS FOR HOME OCCUPATION
USE PERMITS
Section 234 of the City Zoning Ordinance provides standards that regulate a Use Permit for a Home
Occupation:
(a) Not more than twenty (20) percent of the floor area of the dwelling unit and accessory
structures shall be used in the conduct of the activity. Provided, however, this limitation shall
not have application to family day -car homes.
(b) No traffic, including traffic by commercial delivery vehicles, shall be generated by such activity
in greater volumes than would normally be expected in the neighborhood, and any need for
parking generated by the conduct of such activity shall be me off the street and other than in a
required front yard.
(c) No identification sign shall be permitted. However, as an exception, the city council, upon a
finding that a sign would not be detrimental to the surrounding neighborhood, may as a
condition of the use permit allow up to one (1) sign, not illuminated, not to exceed (1) square
foot in area, mounted flat against the wall of the residence.
(d) No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire
hazard, or any other hazard or nuisance to any greater or more frequent extent than would
normally be expected in the neighborhood under normal circumstances wherein no home
occupation exists.
(e) The following uses are specifically excluded: Convalescent or nursing homes, tourist homes,
massage parlors, radio or television repair shops, auto repair shops, or similar establishments.
4
EVALUATION AND RECOMMENDATION
The applicant is requesting a Home Occupation for the sales and gunsmithing of firearms. The applicant
is the sole employee, and all firearms will be stored on the premises in accordance with ATF regulations.
Additionally, a security assessment of the home has been done by the Police Department's Crime
Prevention Office, and the property was found to be in compliance. From the exterior of the home,
business activity associated with this proposal will be undetectable.
This use will not change the character of the neighborhood or adversely affect the surrounding properties
due to the minimal activity expected with the use as well as the fact that no new construction is proposed.
The proposed home occupation is consistent with the Comprehensive Plan, and supports one of the
City's desired outcomes to ensure the opportunity to start and grow a business, or for one to enter into
and prosper in the local job market (p. 1-2).
Staff finds that the proposed in-home business meets the specific standards for a Home Occupation as
provided by Section 234 of the Zoning Ordinance; therefore, staff recommends approval of this request
with the conditions listed below.
ROBERT JEFFERY MOREAU
Agenda Item 5
Page 3
CONDITIONS
1. Any firearms or firearm parts kept on the property shall be stored in a locked, secured vault or
similar container. The applicant shall contact the Police Department / Crime Prevention Office to
arrange for a meeting at the property for the purpose of allowing for a security assessment. A
report shall be written by the Police Department, a copy provided to the applicant (homeowner)
and the Planning Department, and the Police Department will retain a copy. Failure to meet with
the Crime Prevention Office within one (1) month of the granting of this Use Permit shall result in
revocation of the Use Permit.
2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of
Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct his business.
3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored
or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide
Fire Prevention Code and NFPA 495.
4. There shall be no sign identifying the business on the exterior of any building on the property or
within the yard of the property.
5. Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be
used in the conduct of activity with the home occupation.
6. There shall be no employees on the property associated with this home-based business.
7. Delivery of firearms to the property shall be received on the applicant's property only, secured by
the applicant's signature.
8. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical
interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent
than would normally be expected in the neighborhood under normal circumstances wherein no
home occupation exists.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site plan submitted with this application may require revision
during detailed site plan review to meet all applicable City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of Planning /
Development Services Center and Department of Planning / Permits and Inspections Division,
and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strategies as they pertain to this site.
ROBERT JEFFERY MOREAU
Agenda Item 5
Page 4
AERIAL OF SITE LOCATION
ROBERT JEFFERY MOREAU
Agenda Item 5
Page 5
• tia,o� s 6
S, O
1
1
Oglig
SITE SURVEY
ROBERT JEFFERY MOREAU
Agenda Item 5
Page 6
CENTERVILLE
Map C-10
Map Not to Sca!
Robert Jeffery Moreau
'Zoning with ConditionsProffers, Open Space Promotion
CUP - Firearm Sales and Gunsmithing
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
08/08/2000
Change of Zoning (R-7.5 to A-12)
Approved
ROBERT JEFFERY MOREAU
Agenda Item 5
Page 7
Does an official or e�m loyee of the City of Virginia Beach have an
subject land? Yes l l No 1/�I
If yes, what is the name of the official or employee and the nature
interest in the
of their interest?
DISCLOSURE STATEMENT
ROBERT JEFFERY MOREAU
Agenda Item 5
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 list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
0 Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1 & 2 See next page for footnotes
Does an official or e�m loyee of the City of Virginia Beach have an
subject land? Yes l l No 1/�I
If yes, what is the name of the official or employee and the nature
interest in the
of their interest?
DISCLOSURE STATEMENT
ROBERT JEFFERY MOREAU
Agenda Item 5
Page 8
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
' "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: 1 certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
Applicant's t• e
Signa
Robert Jeffery Moreau
Print Name
Property Owner's Signature (if different than applicant) Print Name
DISCLOSURE STATEMENT
ROBERT JEFFERY MOREAU
Agenda Item 5
Page 9
I
Item #5
Robert Jeffery Moreau
Conditional Use Permit
1405 Shipps Landing
District 1
Centerville
May 14, 2014
CONSENT
An application of Robert Jeffery Moreau for a Conditional Use Permit (Home Occupation — Firearm Sales and
Gunsmithing) on property located at 1405 Ships Landing, District 1, Centerville. GPIN: 14654674140000.
CONDITIONS
1. Any firearms or firearm parts kept on the property shall be stored in a locked, secured vault or similar
container. The applicant shall contact the Police Department / Crime Prevention Office to arrange for a
meeting at the property for the purpose of allowing for a security assessment. A report shall be written by the
Police Department, a copy provided to the applicant (homeowner) and the Planning Department, and the
Police Department will retain a copy. Failure to meet with the Crime Prevention Office within one (1) month of
the granting of this Use Permit shall result in revocation of the Use Permit.
2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol,
Tobacco, Firearm and Explosives (ATF) in order to conduct his business.
3. All small arms ammunition, primers, smokeless propellants and black powder propellants stored or awaiting
transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and
NFPA 495.
4. There shall be no sign identifying the business on the exterior of any building on the property or within the
yard of the property.
5. Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the
conduct of activity with the home occupation.
6. There shall be no employees on the property associated with this home-based business.
7. Delivery of firearms to the property shall be received on the applicant's property only, secured by the
applicant's signature.
8. The home occupation shall not create noise, dust, vibration, smell, smoke, glare, electrical interference, fire
hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be
expected in the neighborhood under normal circumstances wherein no home occupation exists.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 5.
AYE 11
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
NAY O
ABS 0 ABSENT 0
Item #5
Robert Jeffery Moreau
Page 2
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commission approved item 5 for consent.
The applicant Robert Jeffery Moreau appeared before the Commission.
41)
1
• P.
• P=I
CO)
410
149HV 3)1O0aBa38WV
CUP - Home Occupation - Family In Home Daycare
'Zoning with Conditions/Proffers, Open Space Promotion
I
ITEM: SUZETTE CIVIL -NOEL (Applicant / Owner), Conditional Use Permit (Family
[Child] Daycare Home). 1941 Glen View Court (GPIN 1454885504).
COUNCIL DISTRICT — CENTERVILLE.
MEETING DATE: June 17, 2014
• Background:
The applicant requests a Conditional Use Permit for a Family [Child] Daycare
Home for a maximum of 12 children. The applicant currently cares for five
children and is requesting the Conditional Use Permit in order to expand to 12
children in her home at any one time.
• Considerations:
There is an existing single-family dwelling located on the subject site, which is at
the northern end of Glen View Court. Typical hours of operation are proposed as
6:00 a.m. to 5:00 p.m. According to the application, the applicant has a
Bachelor's Degree in Psychology with a minor in Education. As the applicant
wishes to expand her current daycare operation to up to 12 children, she is
currently pursuing licensure with the Commonwealth of Virginia for that many
children.
Further details pertaining to the applicant's 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 11-0, to recommend approval of this request to the
City Council with the following conditions:
1. The Family [Child] Home Daycare shall be limited to a total of twelve (12)
children, other than children living in the home, and the permitted number
of children based on their ages shall be as set forth by the Virginia
Department of Social Services.
2. No more than one (1) person, other than the applicant and immediate
family, shall assist with the operation of the Family [Child] Home Daycare
at any one time.
I
SUZETTE CIVIL -NOEL
Page 2 of 2
3. The applicant shall stagger the arrival and departure times for the children
such that vehicular congestion is avoided.
4. All play equipment associated with the child daycare business shall be
located behind the front facade of the house and within the fenced yard
area when open for business.
5. A non -illuminated sign not more than one square foot in area, identifying
the home 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 house as a Family Daycare.
• 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
sk .
City Manager:
Suzette Civil -Noel
moxa s c-alio-PfolOo .. op- RIM Imn-kw
CUP - Home Occupation - Family In Home Daycare
7
May 14, 2014 Public Hearing
APPLICANT & PROPERTY
OWNER:
SUZETTE CIVIL -
NOEL
STAFF PLANNER: Carolyn A.K. Smith
REQUEST:
Conditional Use Permit (Home Occupation — Home Family Daycare)
ADDRESS / DESCRIPTION: 1941 Glen View Court
GPIN:
ELECTION DISTRICT: SITE SIZE: AICUZ:
14548855040000 CENTERVILLE 9,700 square feet Less than 65dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests a Conditional Use Permit for a Home Family [Child] Daycare facility for a
maximum of 12 children. There is an existing single-family dwelling located on the subject site, which is at
the northern end of Glen View Court — a cul-de-sac. Typical hours of operation are proposed as 6:00 a.m.
to 5:00 p.m. The applicant currently cares for five children and is requesting the Conditional Use Permit in
order to expand to 12 children in her home at any one time. According to the application, the applicant
has a Bachelor's Degree in Psychology with a minor in Education and she may wish to hire an assistant
in the future. As the applicant wishes to expand her current daycare operation to up to 12 children, as
required based on the number of proposed children, she is currently pursuing licensure with the
Commonwealth of Virginia.
Typically, parents park in the driveway or in the street directly in front of her house. The almost 10,000
square foot lot has a Targe rear yard that is fenced, providing a safe area for the children to play. A large
neighborhood open space area with play equipment is immediately adjacent to this site to the west.
SUZETTE CIVIL -NOEL
Agenda Item 7
Page 1
4
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: single family dwelling
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
• Single family dwellings / R -5D Residential District
• Multifamily dwellings / A-12 Apartment District
• Glen View Court
• Single family dwellings / R -5D Residential District
• Open space
• Single family dwellings / R -5D Residential District
The property is in the Stumpy Lake watershed, a subset of the
Southern Watersheds Management Area. There do not appear to
be any significant natural or cultural features on this site.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban
Area. The general planning principles for the Suburban Area focus on preserving and protecting the
overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning
principles have been established in the Comprehensive Plan to promote this stability: preserve
neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve
neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses,
neighborhood commercial use, compatible infill development and conditions on places of special care
and home occupations. Achieving these goals requires that all land use activities 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.
4
IMPACT ON CITY SERVICES
•
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Glen View
Court is a two-lane, undivided, local street. It is not included in the MTP nor are there any roadway CIP
projects slated for this street.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Glen View Court
No Data
Available
No Data Available
Existing Land Use 1—
10 ADT
Proposed Land Use 3
- 64
'Average Daily Trips
2 as defined by typical single-family dwelling
SUZETTE CIVIL -NOEL
Agenda Item 7
Page 2
3 as defined by single-family dwelling with 12 -child daycare
WATER & SEWER: This site is already connected to City water and sewer.
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 licensed capacity
is the number of children allowed in 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 family daycare home for 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.
There is ample outdoor play area for the children behind the house in the rear yard. The backyard of the
property is entirely enclosed by a six-foot high privacy fence and provides ample space for play.
Adequate space is available on the street as well as in the driveway for picking -up and dropping -off
children. A condition is recommended that pick-up and drop-off times be staggered, to limit any possible
congestion. Staff concludes that the applicant's request will not adversely impact any surrounding
properties, and is consistent with the recommendations of the Comprehensive Plan for the Suburban
Area. Based on the above, Staff recommends approval of this request with the conditions listed below.
CONDITIONS
0
1. The Family [Child] Home Daycare shall be limited to a total of twelve (12) children, other than
children living in the home, and the permitted number of children based on their ages shall be as
set forth by the Virginia Department of Social Services.
2. No more than one (1) person, other than the applicant and immediate family, shall assist with
the operation of the Family [Child] Home Daycare at any one time.
3. The applicant shall stagger the arrival and departure times for the children such that vehicular
congestion is avoided.
4. All play equipment associated with the child daycare business shall be located behind the front
facade of the house and within the fenced yard area when open for business.
SUZETTE CIVIL -NOEL
Agenda Item 7
Page 3
5. A non -illuminated sign not more than one square foot in area, identifying the home 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 house as a Family Daycare.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site plan submitted with this application may require revision
during detailed site plan review to meet all applicable City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of Planning /
Development Services Center and Department of Planning / Permits and Inspections Division,
and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strategies as they pertain to this site.
SUZETTE CIVIL -NOEL
Agenda Item 7
Page 4
I
AERIAL OF SITE LOCATION
SUZETTE CIVIL -NOEL
Agenda Item 7
Page 5
City of Virginia Beach
M
IO33GLEN 1E,CT
1931 CLE NNEW'CT
3313 MC•111MENT OR
3317 MO7&I. ENT r
"721 H:tiJ'.'MEfR C
1
100R
DISCLAIMER: The data Is provided Oas isO and the City of Virginia Beach expressly disclaims a3 warranties, UCC, and otherwise. exoress or imnli.d inrh,dinn nrrtir, d,r ...el
SITE LOCATION
SUZETTE CIVIL -NOEL
Agenda Item 7
Page 6
CENTERVILLE
Ziap B-11
Ma i+lot to Scale
g
I►NNANp�t
Suzette Civil -Noel
'Zoning with Conditions/Proffers, Open Space Promotion
CUP- Home Occupation - Family In Home Daycart
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
02/12/08
MOD of Conditions
Granted
12/12/06
Rezoning (B-2 to Conditional B-4)
Granted
2
01/12/99
Conditional Use Permit (Borrow Pit)
Granted
SUZETTE CIVIL -NOEL
Agenda Item 7
Page 7
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
EiCheck here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1 & 2 See next page for footnotes
Does an official or employee of the City irginia Beach have an interest in the
subject land? Yes J 1 No
If yes, what is the name of the official or employee and the nature of their interest?
DISCLOSURE STATEMENT
SUZETTE CIVIL -NOEL
Agenda Item 7
Page 8
1
1
1
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
' "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Govemment Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
App
cant's
nature
" # iJ2.- ) ,;//q C5V
perty i'A er's Signature (if different than a icant)
C I - Noe/
Print Name
Print Name
DISCLOSURE STATEMENT
SUZETTE CIVIL -NOEL
Agenda Item 7
Page 9
Item #7
Suzette Civil -Noel
Conditional Use Permit
1941 Glen View Court
District 1
Centerville
May 14, 2014
CONSENT
An application of Suzette Civil -Noel for a Conditional Use Permit (Home Occupation — Home Family Daycare) on
property located at 1941 Glen View Court, District 1, Centerville. GPIN: 14548855040000.
CONDITIONS
The Family [Child] Home Daycare shall be limited to a total of twelve (12) children, other than children living in the
home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department
of Social Services.
1. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of
the Family [Child] Home Daycare at any one time.
2. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is
avoided.
3. All play equipment associated with the child daycare business shall be located behind the front facade of the
house and within the fenced yard area when open for business.
4. A non -illuminated sign not more than one square foot in area, identifying the home daycare may be mounted
flat against the house.
5. 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.
6. 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 house as a Family Daycare.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 7.
AYE 11 NAY 0 ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
1
Item #7
Suzette Civil -Noel
Page 2
WEINER AYE
By a vote of 11-0, the Commission approved item 7 for consent.
The applicant Suzette Civil -Noel appeared before the Commission.
-,I
CUP - Motor Vehicle Rentals
Crf,i'll'Ic:',S
f� t
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: RODNEY PRICE (Applicant) / AEGEAN ASSOCIATES (Owner), Conditional
Use Permit for Motor Vehicle (Truck and Trailer) Rentals. 4720B Princess
Anne Road (GPIN 1476255091). COUNCIL DISTRICT — KEMPSVILLE.
MEETING DATE: June 17, 2014
• Background:
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 in an "L" form with
frontage on Edwin Drive and Princess Anne Road. The applicant proposes to
operate within one of the units located in the northern portion of the strip
shopping center. Between the strip shopping center and Princess Anne Road are
two outparcels which have been developed with detached commercial buildings.
Currently these' buildings are used as a restaurant and a dry cleaning facility.
• Considerations:
The applicant is proposing to operate seven days a week between the hours of
9:00 am and 5:00 pm. 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.
The applicant has proposed that six parking spaces be reserved for the trailers
and trucks for rent. Three of these spaces are proposed to be located in front of
the suite which the rental office will be located in. The applicant is also proposing
to store and display three additional trucks or trailers to the north of the shopping
center adjacent to Edwin Drive.
Section 242.2 of the Zoning Ordinance provides the "Specific Standards" that are
to be met by a "Truck and Trailer Rental" conditional use. The Standards are as
follows:
(a) The minimum lot size shall be twenty thousand (20,000) square feet.
(b) Trucks and trailers for rental shall be displayed in an area designated on a
site plan submitted with the application for a conditional use permit, no
more than three (3) trucks or trailers for rent shall be displayed and no
truck or trailer shall be displayed within the first ten (10) feet of any front or
I
RODNEY PRICE
Page 2 of 3
side yard abutting the right-of-way line of a street to be measured from the
property line to any displayed truck or trailer on the premises.
(c) All lighting shall be directed toward the interior of the site and away from
adjoining properties.
(d) Trucks or trailers for rental which are not being displayed as provided for
in (b) above shall be located within a building or in a designated area
located behind the nearest portion of a building adjacent to a public street.
The designated area shall be screened, except for necessary openings for
ingress and egress, from any public right-of-way or adjoining residential or
apartment zoning district within one hundred (100) feet of the designated
area by a fence not less than six (6) feet in height and Category VI
landscaping.
The applicant desires to display and store up to six trucks and trailers on the site;
however, based on the restrictions listed in Section 242.2(b) and (d), above, the
applicant can only display three trucks or trailers on the site. The two
constraining factors for this site are (1) the restrictions on the truck or trailer being
located within ten feet of the right-of-way and (2) the lack of a location on this
corner lot for an area that meets the criteria described in 242.2(d) for the storage
of trucks and trailers in excess of three. Due to these constraints, one of the
recommended conditions of the Use Permit limits the number of trucks or trailers
on the subject site to three. The site is not capable of supporting more than three
based on the provisions of Section 242.2.
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 11-0, 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/display a total of three trucks or trailers for rent.
Parking of the trucks and trailers shall be limited to the three spaces as
shown in the exhibit entitled, "Condition 2, Location of Trucks/Trailers," as
prepared by Staff and included in this report.
i
RODNEY PRICE
Page 3 of 3
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. Each truck or trailer available for rent must fit within one of the three
marked 9' x 18' parking spaces.
6. An after-hours key drop-off box shall be provided and located in a well
illuminated area within 100 feet of the front entrance of the rental office.
7. Upon violation of these conditions, the Conditional Use Permit shall be
terminated.
• 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 Department2
City Manager: ��'t" •A--
I(EMPSVILLE
iia r -s
Rodne Price
• Zoning *i. CoodafonsPecArs. Open Sp. n.nof*,
CUP -Truck and Trailer Rentals
REQUEST:
Conditional Use Permit for Truck and Trailer Rentals
ADDRESS / DESCRIPTION: 4720-B Princess Anne Road
GPIN:
14762550910000
1 0
May 14, 2014 Public Hearing
APPLICANT:
RODNEY PRICE
PROPERTY OWNER:
AEGEAN
ASSOCIATES
STAFF PLANNER: Kristine Gay
ELECTION DISTRICT: SITE SIZE: AICUZ:
KEMPSVILLE 105,954 square feet Less than 65 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 in an "L" form with frontage on Edwin Drive and Princess
Anne Road. As shown on the location map above in blue, the applicant proposes to operate within one of
the units located in the northern portion of the strip shopping center. Between the strip shopping center
and Princess Anne Road are two out parcels which have been developed with detached commercial
buildings. Currently these buildings are used as a restaurant and a dry cleaning facility.
The applicant is proposing to operate seven days a week between the hours of 9:00 am and 5:00 pm.
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.
As shown on the included site plan exhibit, the applicant has proposed that six parking spaces be
reserved for the trailers and trucks for rent. Three of these spaces are proposed to be located in front of
the suite which the rental office will be located in. The applicant is also proposing to store/display three
additional trucks or trailers to the north of the shopping center adjacent to Edwin Drive.
RODNEY PRICE
Agenda Item 10
Page 1
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Strip shopping center / B-2 Business District
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
• Vacant land / R-10 Residential District
• Single-family homes / R-10 Residential District
• Larkspur Middle School / R-10 Residential District
• Single-family homes / R-10 Residential District
NATURAL RESOURCE AND The site is flat and mostly paved. There are no known significant
CULTURAL FEATURES: cultural or natural features on this site.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban
Area. The general planning principles for the Suburban Area focus on preserving and protecting the
overall character, economic value, and aesthetic quality of stable neighborhoods by preserving
neighborhood quality, creating and protecting open spaces, and connecting suburban mobility.
4
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP):
There is no roadway Capital Improvement Program projects slated for this area.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Princess Anne Road
34,960 ADT 1
14,800 ADT 1(Level of
Service "C") — 27,400
ADT (Level of Service
Existing Land Use 2
66 ADT
Proposed Land Use 3
44 ADT
Edwin drive
4,826 ADT 1
6,200 ADT 1(Level of
Service "C") —11,100
ADT 1 (Level of Service
«E„)
'Average Daily Trips
2 as defined by Specialty Retail
3 as defined by Vehicle Rental
4
EVALUATION AND RECOMMENDATION
The applicant would like to operate a U -Haul truck and trailer rental office from a vacant 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.
RODNEY PRICE
Agenda Item 10
Page 2
The applicant is requesting to have a total of six trucks or trailers available to rent. The applicant has
called out the proposed location of the trucks and trailers on their submitted site plan. Section 242.2 of the
Zoning Ordinance pertaining to Truck and Trailer Rentals, states that no more than three trucks or trailers
for rent shall be displayed on the subject site; therefore, Staff is conditioning that there be no more than
three trucks or trailers on the subject site. Staff is also conditioning the revised location of the trucks and
trailers to ensure they are screened appropriately.
Staff finds the proposed use and conditioned quantity and location of trucks and trailers to be appropriate
to the subject site and surrounding land uses. The proposed use is also generally consistent with the
Comprehensive Plan, therefore; 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/display a total of three trucks or trailers for rent. Parking of the trucks
and trailers shall be limited to the three spaces as shown in the exhibit entitled, "Condition 2,
Location of Trucks/Trailers," as prepared by Staff and included in this report.
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. Each truck or trailer available for rent must fit within one of the three marked 9' x 18' parking
spaces.
6. An after-hours key drop-off box shall be provided and located in a well illuminated area within
100 feet of the front entrance of the rental office.
7. Upon violation of these conditions, the Conditional Use Permit shall be terminated.
NOTE: Further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan
review to meet all applicable City Codes and Standards. All applicable permits required by the City Code,
including those administered by the Department of Planning / Development Services Center and
Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy,
are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)
concepts and strategies as they pertain to this site.
RODNEY PRICE
Agenda Iter10
Page 3
I
AERIAL OF SITE LOCATION
RODNEY PRICE
Agenda Item 10
Page 4
23
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six trucks or trailers
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PROPOSED SITE PLAN
RODNEY PRICE
Agenda Item 10
Page 5
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CONDITION 2
LOCATION OF TRUCKS/TRAILERS
Prepared by Staff
RODNEY PRICE
Agenda Item 10
Page 6
KEMPSVILLE
Map E-8
MaNot to Scale
Rodne Price
• Zoning with Conditions Proffers. Open Space Promotion
CUP -Truck and Trailer Rentals
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
12/07/2010
Modification of Conditions (Religious Facility)
Approved
1
00/00/1968
Conditional Use Permit (Religious Facility)
Approved
2
03/08/2005
Conditional Use Permit (Religious Facility)
Approved
3
05/26/1996
Conditional Use Permit (Home for the Aged)
Approved
RODNEY PRICE
Agenda Item 10
Page 7
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
R0(7,00 r {Price-
er7 5)-e ( f'r /" c 4
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
,f PA
111 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)
if j Y., /� C ..+ eine _GIL) r �
GC' 1 /3L tivtiotePJ G
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Ste GSC Akio" -' `c tCi. .c_J Apt/A-0
(- L
,"t, C lv l Cu� L -i
Chd''blihere if the proper y ovOner is NUI acorporation',, partnership, firm,
business, or other unincorporated organization.
I1 & 2 See next page for footnotes
Does an official or employee of,61 City of Virginia Beach have an interest in the
subject land? Yes I I No
If yes, what is the name of the official or employee and the nature of their interest?
DISCLOSURE STATEMENT
RODNEY PRICE
Agenda Item 10
Page 8
1
1
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
'Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Govemment Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (11) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning te site for purposes of processing and evaluating this application.
ToPJvFYPtzle
ignature Print Name
bt
PrortyOwner's Signature (if different than applicant) Print Name
Gc %L4 c,` k.
DISCLOSURE STATEMENT
RODNEY PRICE
Agenda Item 10
Page 9
Item #10
Rodney Price
Conditional Use Permit
4720B Princess Anne Road
District 2
Kempsville
May 14, 2014
CONSENT
An application of Rodney Price for a Conditional Use Permit for Truck and Trailer Rentals on property located at
4720-B Princess Anne Road, District 2, Kempsville. GPIN:
14762550910000.
CONDITIONS
1. No onsite repairs or maintenance of any truck or trailer shall be permitted on this site.
2. The applicant may store/display a total of three trucks or trailers for rent. Parking of the trucks and trailers
shall be limited to the three spaces as shown in the exhibit entitled, "Condition 2, Location of Trucks/Trailers,"
as prepared by Staff and included in this report.
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. Each truck or trailer available for rent must fit within one of the three marked 9' x 18' parking spaces.
6. An after-hours key drop-off box shall be provided and located in a well illuminated area within 100 feet of the
front entrance of the rental office.
7. Upon violation of these conditions, the Conditional Use Permit shall be terminated.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 10.
AYE 11 NAY 0 ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commission approved item 10 for consent.
Crystal Price appeared before the Commission on behalf of the applicant.
e
CUP for Gas Station with Convenience Store
• Zoning with Conditions/Proffers. Open Space Promotion
[ (t
u �t
sio.
17.-
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: MID -ATLANTIC COMMERCIAL PROPERTIES (Application) / 336 CEDAR
ROAD, LLC (Owner), Conditional Use Permit for Fuel Sales in Conjunction
with Convenience Store. 720 Independence Blvd (GPIN 1478527314).
COUNCIL DISTRICT — BAYSIDE.
MEETING DATE: June 17, 2014
• Background:
The applicant is requesting a Conditional Use Permit to allow the development of
a convenience store in conjunction with gasoline sales. A Conditional Use Permit
pertaining to gasoline sales was approved by the Virginia Beach City Council on
October 11, 1971. A second Conditional Use Permit was approved by Council on
September 23, 1997 for fuel sales that incorporated a convenience store. The
site is currently vacated and in a state of disrepair. The convenience store
building located on the eastern side of the site remains; however, it will be
removed and a new building constructed in the north east corner of the site.
Since the proposed building and site designs vary significantly from those
approved plan by Council, the applicant is requesting a Conditional Use Permit
for this proposed gas station and convenience store.
• Considerations:
The applicant proposes to construct a 3,043 square foot convenience store along
with a canopy that accommodates four fueling stations. Fourteen parking spaces
and a loading space are also depicted on the submitted site plan. The submitted
building elevations depict a one-story, 3,043 square foot 7 -Eleven convenience
store. The primary exterior material is proposed as brick. The primary color of the
building is a light brown (shale brown), with red brick accent features located in
the middle of each facade.
Further details pertaining to the site and building designs, 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 11-0, to recommend approval of this request to the
City Council with the following conditions:
1. Except as modified by any other condition of this Conditional Use Permit
or as necessary to comply with applicable City development ordinances
MID -ATLANTIC COMMERCIAL
Page2of3
and standards, the site shall be developed in substantial conformance
with the submitted Plan entitled "INDEPENDENCE BLVD.,
CONDITIONAL USE PERMIT CONCEPT", dated 4/01/2014, and
prepared by Blakeway Corp. Said Plan has been exhibited to the City
Council and is on file in the City of Virginia Beach Planning Department.
2. Except as modified by any other condition of this Conditional Use Permit
or as necessary to comply with applicable City development ordinances
and standards, the building shall be constructed in substantial
conformance with the Elevations entitled, "7 -Eleven, 720
INDEPENDENCE BLVD, VIRGINIA BEACH, VA 23455" prepared by
HFA Architects, Engineers, Interiors, dated 06-03-14. Said Elevations
have been exhibited to the City Council and is on file in the City of
Virginia Beach Planning Department
3. Except as modified by any other condition of this Conditional Use Permit,
specifically Condition #7 c. below, or as necessary to comply with
applicable City development ordinances and standards, the fuel canopy
shall be constructed in substantial conformance with the elevations
entitled, "7 -Eleven, 720 INDEPENDENCE BLVD, VIRGINIA BEACH, VA
23455" prepared by HFA Architects, Engineers, Interiors, dated 06-03-
14.. Said Elevation has been exhibited to the City Council and is on file in
the City of Virginia Beach Planning Department.
4. Except as modified by any other condition of this Conditional Use Permit
or as necessary to comply with applicable City development ordinances
and standards, the freestanding sign shall be monument style and
constructed in substantial conformance with the Elevation entitled, "Front
Elevation & Side Detail, 7 -Eleven #1032513, 720 Independence Drive,
Virginia Beach, VA.," prepared by Harbinger. Said Elevation has been
exhibited to the City Council and is on file in the City of Virginia Beach
Planning Department.
5. Except as modified by any other condition of this Conditional Use Permit
or as necessary to comply with applicable City development ordinances
and standards, the plant materials shall be installed in substantial
conformance with the Plan identified in Condition #1 above.
6. The dumpster shall be enclosed with a solid brick wall in a color to match
the building and any required screening shall be installed in accordance
with Section 245 (e) of the City Zoning Ordinance.
7. Signage for the site shall be limited to:
a. Directional signs
b. One (1) monument style freestanding sign, no more than eight (8)
feet in height, set on a brick base to match the building brick and two
(2) building and/ or canopy signs.
MID -ATLANTIC COMMERCIAL
Page 3 of 3
c. Striping on canopy shall be limited to 10 feet on each side of the
canopy or one-quarter of the length of each side. Signage on the
canopy shall not be internally or externally illuminated.
d. There shall be no other signs, neon signs or neon accents installed
on any wall area of the building, on the windows and/or doors,
canopy, light poles or any other portion of the Site.
8. No outdoor vending machines and/or display of merchandise shall be
allowed.
9. Bicycle racks shall be provided as depicted on the Plan identified in
Condition #1 above and shall be depicted on the final Site Plan.
10.A Lighting Plan and/or Photometric Diagram Plan shall be submitted
during detailed Site Plan review. Said Plan shall include the location of all
pole -mounted and building -mounted lighting fixtures and the listing of
lamp type, wattage and type of fixture. Lighting shall overlap and be
uniform throughout the parking area. All lighting on the Site shall be
consistent with those standards recommended by the Illumination
Engineering Society of North America. The Plan includes provisions for
implementing low-level security lighting for non -business hours.
11.Any vacuum or air pump machines shall be screened with evergreen
plant material, size and species acceptable to the Development Service
Center's Landscape Architect, all of which shall be depicted on the final
site plan.
12. Pedestrian walkway(s) to the convenience store shall be provided as
depicted on the Plan identified in Condition #1 above and from any
required sidewalks in the public rights of way in accordance with Section
246(d) of the Zoning Ordinance and shall be depicted on the final site
plan.
• 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
cs-Cl_
City Manager:
Mid Atlantic Commercial Properties
• Zoo*, C.nswn.Ir.n... open Seen. Promotion
CUP for Gas Station with Convenience Store
REQUEST:
Conditional Use Permit (Gas Station with Convenience Store)
ADDRESS / DESCRIPTION: 720 Independence Boulevard
GPIN:
14785273140000
4
May 14, 2014 Public Hearing
APPLICANT:
MID ATLANTIC
COMMERCIAL
PROPERTIES
PROPERTY OWNER:
336 CEDAR ROAD
LLC
STAFF PLANNER: Kevin Kemp
ELECTION DISTRICT: SITE SIZE: AICUZ:
BAYSIDE 31,796 square feet <65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
Background
The applicant is requesting a Conditional Use Permit to allow the development of a convenience store in
conjunction with gasoline sales. A Conditional Use Permit pertaining to gasoline sales was approved by
the Virginia Beach City Council on October 11, 1971. A second Conditional Use Permit was approved by
Council on September 23, 1997 for fuel sales that incorporated a convenience store. The site is currently
vacated and in a state of disrepair. The convenience store building located on the eastern side of the site
remains; however, it will be removed and a new building constructed in the north east corner of the site.
Since the proposed building and site designs vary significantly from those approved plan by Council, the
applicant is requesting a Conditional Use Permit for this proposed gas station and convenience store.
Details
The applicant proposes to construct a 3,043 square foot convenience store along with a canopy that
accommodates four fueling stations. Fourteen parking spaces and a loading space are also depicted on
the submitted site plan. Landscaping, including a hedge row and large canopy trees, is shown along the
property lines adjacent to both rights-of-way (Pembroke Boulevard and Independence Boulevard).
Streetscape landscaping will be required where parking spaces are adjacent to a public street.
Foundation landscaping is also shown along the two sides of the building primarily visible from the public
MID ATLANTIC COMMERCIAL PROPERTIES
Agenda Item 4
Page 1
rights-of-way. Additionally, the location of the building in the rear corner of the site allows for a grassy
area to be added to the northern portion of the site. The dumpster will be located in front of the building
on the eastern property line, and the plan notes that it will be screened with a six-foot tall wall to match
the building material and color. As the building is proposed with a brick exterior, a condition is
recommended below that the wall be constructed of brick in a color to match the building. The required
planting is depicted, where required around the dumpster's perimeter. During final site plan review, all
planting and screening requirements will be reviewed in more detail.
Access to the site will be from two existing curb cuts, one from Independence Boulevard and one from
Pembroke Boulevard. One curb cut that currently exists along Independence Boulevard will be removed.
The applicant will dedicate property along Independence Boulevard to the City to accommodate a new
right -turn lane and to place the public sidewalk along Independence Boulevard entirely in the right-of-way.
Pedestrian access to the building will be via a sidewalk that connects to the existing sidewalk along
Independence Boulevard. A freestanding monument sign is depicted at the northwest corner of the site.
The submitted building elevations depict a one-story, 3,043 square foot 7 -Eleven convenience store. The
primary exterior material is proposed as brick. The primary color of the building is a light brown (shale
brown), with red brick accent features located in the middle of each facade. The front facade incorporates
storefront windows and an "industrial -style" canopy with exposed supports centered over the entry.
Additional detailing includes a red brick band running horizontally around each side of the building, a dark
bronze cornice along the roofline and dark colored quoins accenting the corners. The side elevations
depict a scaled-down version of the metal canopy on the left elevation and a brick archway on the right
elevation. Variations to the roofline on all sides of the building also add architectural interest. The design
of the fuel canopy incorporates a cornice along the top edge and support columns wrapped in brick to
match the building.
4 0
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Gas Station (vacant)
SURROUNDING LAND North:
USE AND ZONING:
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
• Retail Shops / B-2 Community Business District
• Pembroke Boulevard
• Professional Offices /B-2 Community Business District
• Retail Shops / B-2 Community Business District
• Independence Boulevard
• Retail Shops / B-2 Community Business District
The site is completely impervious as the majority of the site is
developed with a small commercial building, fuel canopy and
paved surfaces. There do not appear to be any natural resource or
cultural features associated with 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
MID ATLANTIC COMMERCIAL PROPERTIES
Agenda Item 4
Page 2
protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and
reinforcing the suburban characteristics of commercial centers and other non-residential area 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)
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP):
Independence Boulevard in the vicinity of this application is considered a six -lane divided major urban
arterial. The Master Transportation Plan proposes an eight -lane facility within a 155 -foot right -of —way.
Currently, this segment of roadway is functioning over -capacity at a Level of Service F.
Pembroke Boulevard in the vicinity of this application is considered a four -lane divided collector street. It
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.
No roadway Capital Improvement Program projects are slated for this area.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Independence
Boulevard
52,242 ADT 1
26,300 ADT 1(Level of
Service "C")
42,100 ADT 1 (Level of
Service "D")
48,200 ADT 1 (Level of
Service "E")
Existing Land Use 2 -
5,426 ADT
Proposed Land Use 3
4,341 ADT
Pembroke
Boulevard
6,497 ADT 1
13,100 ADT 1(Level of
Service "C")
20,700 ADT 1 (Level of
Service "D")
22,800 ADT 1 (Level of
Service "E")
'Average Daily Trips
2 as defined by a gas station with 10 fueling positions
3 as defined by a gas station with 8 fueling positions
WATER: This site is already connected to City water. There is an existing 10 -inch City water main
along Independence Boulevard. There is an existing 10 -inch City water main along Pembroke
Boulevard.
SEWER: This site must connect to City sewer. There is an existing 10 -inch City sanitary sewer gravity
main and a 36 -inch HRSD force main along Independence Boulevard. There is an existing 12 -inch City
sanitary sewer gravity main along Pembroke Boulevard. Pump Station #346, the receiving pump station
MID ATLANTIC COMMERCIAL PROPERTIES
Agenda Item 4
Page 3
for this site, has capacity issues and may require system modification. An engineering hydraulic
analysis of the station and the sanitary sewer collection system may be required to ensure flows can be
accommodated.
EVALUATION AND RECOMMENDATION
This proposal will redevelop what has become an outdated and highly visible property. The proposed site
upgrades and proposed architectural design, in Staffs opinion, will be welcomed aesthetic improvements
to the area. The proposed gas station with convenience store is similar in nature to the previous use on
the site and is compatible with the commercial nature of this portion of Independence Boulevard. The
Comprehensive Plan's Guidelines for Suburban Areas address both site and building design. It is Staffs
belief that the proposal is generally consistent with the Comprehensive Plan's land use policies for the
Suburban Area and also with the Zoning Ordinance's Retail Design Guidelines. A brief summary of the
applicable Guidelines is provided below.
• Access and Circulation - The submitted site plan shows the vehicular and non -vehicular access is
clearly marked. The number of entrances from Independence Boulevard is being consolidated
from two curb cuts to one. Additionally, a right turn lane is being added to provide a safer
entrance and exit onto a major right-of-way. The proposed site design pushes the building to the
rear of the site, and separates vehicular and pedestrian traffic to provide safe and convenient
internal circulation.
• Pedestrian Movement - Sidewalks are depicted along both rights-of-way, and as required by the
Zoning Ordinance, a pedestrian path from the sidewalk on Independence Boulevard to the
building's entry is depicted on the submitted plan.
• Parking Areas - Plant material within the parking lot will meet the minimum standards. The
number of spaces provided on the submitted site plan meets the parking requirement as per the
Zoning Ordinance.
• Landscape Design Techniques - A ten -foot landscaping buffer consisting of a continuous hedge
row and large canopy trees is provided along both property lines adjacent to public rights-of-way.
The grassy area located in the public right-of-way at the corner of Independence and Pembroke
Boulevards will remain. Additionally, an open grassy area will be added to the west of the
proposed building, replacing what is currently asphalt cover. Foundation landscaping will be
planted along the two facades of the building that are highly visible from Independence
Boulevard.
• Lighting - A condition is recommended to ensure that all outdoor lighting be of a design that
accentuates the site and provides sufficient illumination for the development without projecting
light and glare onto adjacent properties or the sky. Lighting is not anticipated to have any adverse
effects on the surrounding properties, as the site is not directly adjacent to a residential use.
• Signage - The proposed monument sign will be relocated to the northwest corner of the sight.
The submitted site plan depicts the sign located in the open grassy area, and with landscaping
surrounding the base. The proposed sign appears to be consistent in color and design theme of
MID ATLANTIC COMMERCIAL PROPERTIES
Agenda Item 4
Page 4
the building and in compliance with the Zoning Ordinance. A separate sign permit is required for
further scrutiny to ensure the monument, building and canopy signs meet sign standards.
• Building Design - The updated building design is proposed with high quality building materials
and is consistent with the Retail Design Guidelines.
Based on the findings above, staff recommends approval of the Use Permit, subject to the conditions
below.
CONDITIONS
1. Except as modified by any other condition of this Conditional Use Permit or as necessary to
comply with applicable City development ordinances and standards, the site shall be developed
in substantial conformance with the submitted Plan entitled "INDEPENDENCE BLVD.,
CONDITIONAL USE PERMIT CONCEPT", dated 4/01/2014, and prepared by Blakeway Corp.
Said Plan has been exhibited to the City Council and is on file in the City of Virginia Beach
Planning Department.
2. Except as modified by any other condition of this Conditional Use Permit or as necessary to
comply with applicable City development ordinances and standards, the building shall be
constructed in substantial conformance with the Elevations entitled, "7 -Eleven, 720
INDEPENDENCE BLVD, VIRGINIA BEACH, VA 23455" prepared by HFA Architects, Engineers,
Interiors, dated 06-03-14. Said Elevations have been exhibited to the City Council and is on file
in the City of Virginia Beach Planning Department
3. Except as modified by any other condition of this Conditional Use Permit, specifically Condition
#7 c. below, or as necessary to comply with applicable City development ordinances and
standards, the fuel canopy shall be constructed in substantial conformance with the elevations
entitled, "7 -Eleven, 720 INDEPENDENCE BLVD, VIRGINIA BEACH, VA 23455" prepared by
HFA Architects, Engineers, Interiors, dated 06-03-14.. Said Elevation has been exhibited to the
City Council and is on file in the City of Virginia Beach Planning Department.
4. Except as modified by any other condition of this Conditional Use Permit or as necessary to
comply with applicable City development ordinances and standards, the freestanding sign shall
be monument style and constructed in substantial conformance with the Elevation entitled,
"Front Elevation & Side Detail, 7 -Eleven #1032513, 720 Independence Drive, Virginia Beach,
VA.," prepared by Harbinger. Said Elevation has been exhibited to the City Council and is on file
in the City of Virginia Beach Planning Department.
5. Except as modified by any other condition of this Conditional Use Permit or as necessary to
comply with applicable City development ordinances and standards, the plant materials shall be
installed in substantial conformance with the Plan identified in Condition #1 above.
6. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any
required screening shall be installed in accordance with Section 245 (e) of the City Zoning
Ordinance.
MID ATLANTIC COMMERCIAL PROPERTIES
Agenda Item 4
Page 5
7. Signage for the site shall be limited to:
a. Directional signs
b. One (1) monument style freestanding sign, no more than eight (8) feet in height, set on a
brick base to match the building brick and two (2) building and/ or canopy signs.
c. Striping on canopy shall be limited to 10 feet on each side of the canopy or one-quarter of
the length of each side. Signage on the canopy shall not be internally or externally
illuminated.
d. There shall be no other signs, neon signs or neon accents installed on any wall area of the
building, on the windows and/or doors, canopy, Tight poles or any other portion of the Site.
8. No outdoor vending machines and/or display of merchandise shall be allowed.
9. Bicycle racks shall be provided as depicted on the Plan identified in Condition #1 above and
shall be depicted on the final Site Plan.
10. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed Site Plan
review. Said Plan shall include the location of all pole -mounted and building -mounted lighting
fixtures and the listing of lamp type, wattage and type of fixture. Lighting shall overlap and be
uniform throughout the parking area. All lighting on the Site shall be consistent with those
standards recommended by the Illumination Engineering Society of North America. The Plan
includes provisions for implementing low-level security lighting for non -business hours.
11. Any vacuum or air pump machines shall be screened with evergreen plant material, size and
species acceptable to the Development Service Center's Landscape Architect, all of which shall
be depicted on the final site plan.
12. Pedestrian walkway(s) to the convenience store shall be provided as depicted on the Plan
identified in Condition #1 above and from any required sidewalks in the public rights of way in
accordance with Section 246(d) of the Zoning Ordinance and shall be depicted on the final site
plan.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site plan submitted with this application may require revision
during detailed site plan review to meet all applicable City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of Planning /
Development Services Center and Department of Planning / Permits and Inspections Division,
and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strategies as they pertain to this site.
MID ATLANTIC COMMERCIAL PROPERTIES
Agenda Item 4
Page 6
AERIAL OF SITE LOCATION
MID ATLANTIC COMMERCIAL PROPERTIES
Agenda Item 4
Page 7
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PROPOSED CONCEPT PLAN
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MID ATLANTIC COMMERCIAL PROPERTIES
Agenda Item 4
Page 8
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MID ATLANTIC COMMERCIAL PROPERTIES
Agenda Item 4
Page 9
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PROPOSED BUILDING ELEVATION
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MID ATLANTIC COMMERCIAL PROPERTIES
Agenda Item 4
Page 10
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FREESTANDING SIGN ELEVATION
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MID ATLANTIC COMMERCIAL PROPERTIES
Agenda Item 4
Page 11
11
BAYSI DE
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Mid Atlantic Commercial Properties
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'Zoning with Conditions Proffers, Open Space Promotion
CHEtaE4 a;
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CUP for Gas Station with Convenience Store
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
05/11/2010
Conditional Use Permit (Religious Use)
Approved
2
08/13/2008
Conditional Use Permit (Bulk Storage Yard)
Deferred
3
04/13/1999
Conditional Use Permit (Indoor Recreation Facility)
Approved
4
09/23/1997
Conditional Use Permit (Gas Station with Convenience Store)
Approved
10/11/1971
Conditional Use Permit (Gas Station)
Approved
5
12/12/1983
Change of Zoning (B-2 to A-2)
Approved
6
09/13/1982
Conditional Use Permit (In-home Daycare facility)
Approved
7
02/12/1973
Change of Zoning (CL -3 to CG -3)
Approved
8
06/18/1973
Conditional Use Permit (Veterinary Office)
Approved
9
09/10/1970
Conditional Use Permit (Gas Station)
Approved
MID ATLANTIC COMMERCIAL PROPERTIES
Agenda Item 4
Page 12
Does an official or e�m-4jloyee of theemCity of Virginia Beach have an interest in the
subject land? Yes I I No 1/(_
If yes, what is the name of the official or employee and the nature of their interest?
DISCLOSURE STATEMENT
MID ATLANTIC COMMERCIAL PROPERTIES
Agenda Item 4
Page 13
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)
Mid-Atlantic Commercial Properties; George A. Morgan III, President
2. List all businesses that have a parent-subsidiary or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
MORGAN PROPERTY GROUP
CCheck here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
II Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1 & 2 See next page for footnotes
Does an official or e�m-4jloyee of theemCity of Virginia Beach have an interest in the
subject land? Yes I I No 1/(_
If yes, what is the name of the official or employee and the nature of their interest?
DISCLOSURE STATEMENT
MID ATLANTIC COMMERCIAL PROPERTIES
Agenda Item 4
Page 13
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Blakeway Corporation, Interplan, LLC
' "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (I) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: 1 certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public heating, 1 am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
.411111.111° -
cant's Sig 40° --e'c)(5.c A Print Name"
Property Owner's Signature (if different than applicant) Print Name
DISCLOSURE STATEMENT
MID ATLANTIC COMMERCIAL PROPERTIES
Agenda Item 4
Page 14
Item #4
Mid Atlantic Commercial Properties
Conditional Use Permit
720 S. Independence Boulevard
District 4
Bayside
May 14, 2014
CONSENT
An application of Mid Atlantic Commercial Properties for a Conditional Use Permit (Gas Station with Convenience
Store) on property located at 720 Independence Boulevard, District 4, Bayside. GPIN: 14785273140000.
CONDITIONS
1. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with
applicable City development ordinances and standards, the site shall be developed in substantial conformance
with the submitted Plan entitled "INDEPENDENCE BLVD., CONDITIONAL USE PERMIT CONCEPT", dated
4/01/2014, and prepared by Blakeway Corp. Said Plan has been exhibited to the City Council and is on file in
the City of Virginia Beach Planning Department.
2. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with
applicable City development ordinances and standards, the building shall be constructed in substantial
conformance with the Elevations entitled, "7 -Eleven, 4904 Haygood Rd., Virginia Beach, VA" prepared by HFA
Architects, Engineers, Interiors, dated 05-13-14. Said Elevations have been exhibited to the City Council and is
on file in the City of Virginia Beach Planning Department
3. Except as modified by any other condition of this Conditional Use Permit, specifically Condition #7 c. below, or
as necessary to comply with applicable City development ordinances and standards, the fuel canopy shall be
constructed in substantial conformance with the elevations entitled, "7 -Eleven, 4904 Haygood Rd., Virginia
Beach, VA" prepared by HFA Architects, Engineers, Interiors, dated 05-13-14. Said Elevation has been
exhibited to the City Council and is on file in the City of Virginia Beach Planning Department.
4. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with
applicable City development ordinances and standards, the freestanding sign shall be monument style and
constructed in substantial conformance with the Elevation entitled, "Front Elevation & Side Detail, 7 -Eleven
#1032513, 720 Independence Drive, Virginia Beach, VA.," prepared by Harbinger. Said Elevation has been
exhibited to the City Council and is on file in the City of Virginia Beach Planning Department.
5. Except as modified by any other condition of this Conditional Use Permit or as necessary to comply with
applicable City development ordinances and standards, the plant materials shall be installed in substantial
conformance with the Plan identified in Condition #1 above.
6. The dumpster shall be enclosed with a solid brick wall in a color to match the building and any required
screening shall be installed in accordance with Section 245 (e) of the City Zoning Ordinance.
7. Signage for the site shall be limited to:
a. Directional signs
b. One (1) monument style freestanding sign, no more than eight (8) feet in height, set on a brick base to
match the building brick and two (2) building and/ or canopy signs.
c. Striping on canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of
each side. Signage on the canopy shall not be internally or externally illuminated.
Item #4
Mid Atlantic Commercial Properties
Page 2
d. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the
windows and/or doors, canopy, light poles or any other portion of the Site.
8. No outdoor vending machines and/or display of merchandise shall be allowed.
9. Bicycle racks shall be provided as depicted on the Plan identified in Condition #1 above and shall be depicted
on the final Site Plan.
10. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed Site Plan review. Said Plan
shall include the location of all pole -mounted and building -mounted lighting fixtures and the listing of lamp
type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All
lighting on the Site shall be consistent with those standards recommended by the Illumination Engineering
Society of North America. The Plan includes provisions for implementing low-level security lighting for non-
business hours.
11. Any vacuum or air pump machines shall be screened with evergreen plant material, size and species
acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the
final site plan.
12. Pedestrian walkway(s) to the convenience store shall be provided as depicted on the Plan identified in
Condition #1 above and from any required sidewalks in the public rights of way in accordance with Section
246(d) of the Zoning Ordinance and shall be depicted on the final site plan.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 4.
AYE 11 NAY 0 ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commission approved item 4 for consent.
Steve Romine appeared before the Commission on behalf of the applicant.
CUP - Gas Station with Convenience Store
'Zoning with Condidons/Proffers, Open Space Promotion
Ito
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: LARAE TUCKER & THE HAYGOOD BEACH, LLC (Applicant) / PHILIP
RICHARDSON (Owner), Conditional Use Permit (Fuel Sales in Conjunction
with a Convenience Store). 4904 Haygood Road (GPIN 1478047897).
COUNCIL DISTRICT — BAYSIDE.
MEETING DATE: June 17, 2014
• Background:
The applicant requests a Conditional Use Permit for redevelopment of this site
with fuel sales and removal of the existing car wash. Specifically, the request is
to redevelop the site with a 2,950 square foot convenience store while re -facing
the existing fuel canopy and removing the existing car wash structure. Along with
the new convenience store and existing canopy with 10 fueling stations, sixteen
parking spaces and a loading space are depicted on the conceptual site layout.
• Considerations:
Access to the site will be from two existing curb cuts, one from Crossborough
Road and one from Haygood Road. The existing sidewalks along both streets will
continue to provide pedestrian access to the site.
The submitted building elevations depict a one-story convenience store with brick
as the primary exterior material. A prefinished metal, "industrial -style" canopy
with exposed supports is proposed over the building's entry as well as dark
bronze, aluminum storefront windows along the front facade.
Further details pertaining to the site and building designs, 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 11-0, to recommend approval of this request to the
City Council with the following 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 submitted plan entitled,
"Haygood Road, Conditional Use Permit Layout Plan," prepared by
i
LARAE TUCKER & THE HAYGOOD BEACH
Page2of3
Blakeway Corp, dated 04/14/14. Said plan has been exhibited to the
Virginia Beach City Council and is on file in the Planning Department.
2. Except as modified by any other condition of this Use Permit or as
necessary to comply with applicable City development ordinances and
standards, the building and canopy shall be constructed in substantial
conformance with the elevations entitled, "7 -Eleven, 4904 Haygood Road,
Virginia Beach, VA 23455," prepared by HFA Architects, Engineers,
Interiors, dated 05/13/14. Said plan has been exhibited to the Virginia
Beach City Council and is on file in the Planning Department.
3. When developed, the plant materials shall be installed in substantial
conformance with the submitted landscape plan entitled, "Haygood Road,
Conditional Use Permit Landscape Plan,"
prepared by Kathleen Zeren, dated 04/13/14. Said plan has been
exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
4. The dumpster shall be enclosed with a solid brick wall to match the
building, as depicted on the elevations identified in Condition #2, and any
required screening shall be installed in accordance with Section 245 (e) of
the City Zoning Ordinance.
5. Signage for the site shall be limited to:
a. Directional signs.
b. One (1) freestanding sign, no more than eight (8) feet in height
and two (2) building and/ or canopy signs.
c. Striping on the canopy shall be limited to 10 feet on each side of
the canopy or one-quarter of the length of each side. Signage on
the canopy shall not be internally or externally illuminated.
a. There shall be no other signs, neon signs or neon accents
installed on any wall area of the building, on the windows and/or
doors, canopy, light poles or any other portion of the Site.
6. No outdoor vending machines and/or display of merchandise shall be
allowed.
7. Bicycle racks shall be provided as shown on the plan identified in
Condition #1 above, and shall be depicted on the final site plan.
8. A Lighting Plan and/or Photometric Diagram Plan shall be submitted
during detailed, final site plan review. Said Plan shall include the location
of all pole -mounted and building -mounted lighting fixtures and the listing of
lamp type, wattage and type of fixture. Lighting shall overlap and be
uniform throughout the parking area. All lighting on the Site shall be
i
LARAE TUCKER & THE HAYGOOD BEACH
Page 3 of 3
consistent with those standards recommended by the Illumination
Engineering Society of North America. The Plan includes provisions for
implementing low-level security lighting for non -business hours.
9. Any vacuum or air pump machines shall be screened with evergreen plant
material, size and species acceptable to the Development Service
Center's Landscape Architect, all of which shall be depicted on the final
site plan.
10. Pedestrian walkway(s) to the convenience store shall be provided from
any required sidewalks in the public rights-of-way in accordance with
Section 246(d) of the Zoning Ordinance and shall be depicted on the final
site plan.
is 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:
I!tAYSIDE
Laron, Larae Tucker / The Haygood Beach, L.L.C.
e
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CUP - Gas Station with Convenience Store
REQUEST:
Conditional Use Permit (fuel sales & convenience store)
ADDRESS / DESCRIPTION: 4904 Haygood Road
8
May 14, 2014 Public Hearing
APPLICANT:
LARAE
TUCKER/THE
HAYGOOD
BEACH, LLC
PROPERTY OWNER:
PHILLIP
RICHARDSON/
PHILLIP
RICHARDSON,
INC.
STAFF PLANNER: Carolyn A.K. Smith
GPIN: ELECTION DISTRICT: SITE SIZE:
14280478970000 BAYSIDE 0.92 acres
AICUZ:
Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
•
The applicant requests a Conditional Use Permit for redevelopment of this site with fuel sales and
removal of the existing car wash. Specifically, the request is to redevelop the site with a 2,950 square
foot convenience store while re -facing the existing fuel canopy and removing the existing car wash
structure. Along with the new convenience store and existing canopy with 10 fueling stations, sixteen
parking spaces and a loading space are depicted on the conceptual site layout. Enhanced plantings
include streetscape landscaping along both rights-of-way, interior parking lot trees, the required Category
IV landscape buffer along the northern property line and a small lawn area. Foundation plantings are also
shown along the front and east -side facades, both visible from the public rights-of-way. The dumpster is
proposed out in the back northwest corner of the property, adjacent to a bike rack. The existing
freestanding, pole sign is slated to remain and be resided.
LARAE TUCKER/THE HAYGOOD BEACH, LLC
Agenda Item 8
Page 1
Access to the site will be from two existing curb cuts, one from Crossborough Road and one from
Haygood Road. The existing sidewalks along both streets will continue to provide pedestrian access to
the site, likely serving student foot traffic from nearby Bayside High School.
The submitted building elevations depict a one-story, 7 -Eleven convenience store with primary exterior
material as brick. A prefinished metal, "industrial -style" canopy with exposed supports is proposed over
the building's entry as well as dark bronze, aluminum storefront windows along the front facade.
Additional detailing on the side facades includes a scaled-down version of the metal canopy on the right
elevation and a brick archway on the left elevation. The use of contrasting brick at the water table, in the
middle of the building and on a raised section of the proposed parapet; the addition of an exterior
insulation finishing system (EIFS) cornice; and, variations to the roofline on all sides of the building also
all add to the building's architectural interest and assist in meeting design guidelines of both the Zoning
Ordinance and the Comprehensive Plan. The elevations note that all mechanical equipment will be
screened from view by the building's parapet. The portion of the existing "T-shaped" fuel canopy that
connects the store to the fuel canopy will be removed, thereby reducing the mass and improving the scale
of the development. While the majority of the existing fuel canopy will remain, it is proposed to be refaced
with white panels with limited striping as recommended in the conditions found at the end of this report.
4
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: vacant fuel sales and car wash buildings
SURROUNDING LAND North:
USE AND ZONING:
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
• Daycare, single family dwellings / B-2 Community
Business District, R-7.5 Residential District
• Haygood Road
• Convenience store / B-2 Community Business District
• Crossborough Road
• Auto parts sales, office, self storage / B-2 Community
Business District
• Financial institution / B-2 Community Business District
This site is within the Chesapeake Bay watershed. As the
property is currently developed with as a car wash and fuel sales
operation and is almost entirely impervious, there are no known
cultural or significant environmental features on the property.
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.
LARAE TUCKER/THE HAYGOOD BEACH, LLC
Agenda Item 8
Page 2
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Haygood
Road is considered a four -lane, undivided, minor urban arterial. The MTP proposes a four -lane facility
within a 110 -foot wide right-of-way. Crossborough Road is considered a two-lane, undivided local street
and is not included in the MTP. There are no roadway CIP projects slated for this area.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Haygood Road
18,675 ADT 1
14,800 ADT 1(Level of
Service "C") — 27,400
ADT 1 (Level of Service
"E")
Existing Land Use 1—
5,426 ADT
Proposed Land Use 3
— 5,426
' Average Daily Trips
2 as defined by fuel sales, 10 positions
3 as defined by fuel sales, 10 positions
WATER: This site is already connected to City water. There is an existing 10 -inch City water main along
Haygood Road and an existing 24 -inch City water main transmission main along Crossborough Road.
The existing one -inch water meter may be used or upgraded to accommodate the proposed
redevelopment.
SEWER: This site is already connected to City sanitary sewer. There is an existing eight -inch City
sanitary sewer gravity main along Crossborough Road. There is an existing 14 -inch City sanitary sewer
force main and an eight -inch City sanitary sewer gravity main along Haygood Road. Analysis of Pump
Station #337 and the sanitary sewer collection system is required during final site plan review to ensure
future flows can be accommodated.
4
EVALUATION AND RECOMMENDATION
The increased plantings, the updated architecture and the reduction of the existing fuel canopy will bring
improved aesthetics to this aging and highly visible property. The proposed redevelopment of this site is
consistent with the uses typically found in commercial area as well as consistent with the Comprehensive
Plan's land use goals that address preservation and protection of neighborhood stability. The applicant's
proposal improves site aesthetics by: replacing the aging building; reducing the size and updating the fuel
canopy; utilizing high quality exterior building materials; providing additional plant material throughout the
site, reflective of current requirements; and, updating site lighting to prevent light bleed and glare onto
adjacent properties and the rights-of-way.
The proposal is generally consistent with the Comprehensive Plan's land use policies for the Suburban
Area with regard to reinforcing commercial uses that are compatible with the surrounding area. The
Comprehensive Plan's Guidelines for Suburban Areas addresses both site and building design. It is
Staff's opinion that the submitted project is consistent with the Comprehensive Plan's Guidelines and land
LARAE TUCKER/THE HAYGOOD BEACH, LLC
Agenda Item 8
Page 3
use policies as well as the Zoning Ordinance Retail Design Guidelines. A brief summary of the applicable
Guidelines is provided below.
Access and Circulation - The submitted plan depicts clear and safe vehicular ingress/ingress as well as
continued pedestrian access along the rights-of-way. The western ingress/egress point along Haygood
Road is shared with the parcel to the west.
Pedestrian Movement - Sidewalks are depicted along both rights-of-way. During final site plan review, the
required pedestrian path from the sidewalk on Crossborough Road to the building will likely be required.
Parking Areas — The number of vehicular parking spaces and the proposed bike parking provided on the
submitted plan meets the minimum parking requirement, as per the Zoning Ordinance. The addition of a
lawn area as well as plant material within the parking lot will be a welcome aesthetic improvement.
Landscape Design Techniques — The applicant should be commended for retrofitting this site to meet
required parking lot, streetscape, foundation and buffering requirements. These include the installation of
interior parking lot trees, trees and shrubs along both rights-of-way, the required Category IV screening
along the northern property line, and foundation plantings along the south and east facades. Further
scrutiny of the proposed plantings to ensure compliance with all requirements will be done during final site
plan review.
Lighting - A condition is recommended to ensure that all outdoor lighting be of a design that accentuates
the site and provides sufficient illumination for the development without projecting light and glare onto
adjacent properties or the sky.
Signage - The reuse of the existing pole sign is acceptable. The submitted plan depicts the sign located
at the corner within a landscaped bed. The proposed sign appears to be in compliance with the Zoning
Ordinance. A separate sign permit is required for further scrutiny to ensure the freestanding, building and
canopy signs meet sign standards.
Building Design — The updated building design is proposed with high quality building materials and is
consistent with the Retail Design Guidelines. The use of a prefinished metal canopy on an "industrial
style" building appears to be an architectural trend and one that Staff is conservatively recommending
approval of until several stores have been constructed and a more detailed analysis can be done.
Staff recommends approval of this request subject to the conditions below.
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
submitted plan entitled, "Haygood Road, Conditional Use Permit Layout Plan," prepared by
Blakeway Corp, dated 04/14/14. Said plan has been exhibited to the Virginia Beach City Council
and is on file in the Planning Department.
2. Except as modified by any other condition of this Use Permit or as necessary to comply with
applicable City development ordinances and standards, the building and canopy shall be
LARAE TUCKER/THE HAYGOOD BEACH, LLC
Agenda Item 8
Page 4
constructed in substantial conformance with the elevations entitled, "7 -Eleven, 4904 Haygood
Road, Virginia Beach, VA 23455," prepared by HFA Architects, Engineers, Interiors, dated
05/13/14. Said plan has been exhibited to the Virginia Beach City Council and is on file in the
Planning Department.
3. When developed, the plant materials shall be installed in substantial conformance with the
submitted landscape plan entitled, "Haygood Road, Conditional Use Permit Landscape Plan,"
prepared by Kathleen Zeren, dated 04/13/14. Said plan has been exhibited to the Virginia Beach
City Council and is on file in the Planning Department.
4. The dumpster shall be enclosed with a solid brick wall to match the building, as depicted on the
elevations identified in Condition #2, and any required screening shall be installed in accordance
with Section 245 (e) of the City Zoning Ordinance.
5. Signage for the site shall be limited to:
a. Directional signs.
b. One (1) freestanding sign, no more than eight (8) feet in height and two (2) building and/ or
canopy signs.
c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter
of the length of each side. Signage on the canopy shall not be internally or externally
illuminated.
a. There shall be no other signs, neon signs or neon accents installed on any wall area of the
building, on the windows and/or doors, canopy, light poles or any other portion of the Site.
6. No outdoor vending machines and/or display of merchandise shall be allowed.
7. Bicycle racks shall be provided as shown on the plan identified in Condition #1 above, and shall
be depicted on the final site plan.
8. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed, final site
plan review. Said Plan shall include the location of all pole -mounted and building -mounted
lighting fixtures and the listing of Tamp type, wattage and type of fixture. Lighting shall overlap
and be uniform throughout the parking area. All lighting on the Site shall be consistent with those
standards recommended by the Illumination Engineering Society of North America. The Plan
includes provisions for implementing low-level security lighting for non -business hours.
9. Any vacuum or air pump machines shall be screened with evergreen plant material, size and
species acceptable to the Development Service Center's Landscape Architect, all of which shall
be depicted on the final site plan.
10. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks
in the public rights-of-way in accordance with Section 246(d) of the Zoning Ordinance and shall
be depicted on the final site plan.
LARAE TUCKER/THE HAYGOOD BEACH, LLC
Agenda Item 8
Page 5
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site plan submitted with this application may require revision
during detailed site plan review to meet all applicable City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of Planning /
Development Services Center and Department of Planning / Permits and Inspections Division,
and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strategies as they pertain to this site.
LARAE TUCKER/THE HAYGOOD BEACH, LLC
Agenda Item 8
Page 6
AERIAL OF SITE LOCATION
LARAE TUCKER/THE HAYGOOD BEACH, LLC
Agenda Item 8
Page 7
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LARAE TUCKER/THE HAYGOOD BEACH, LLC
Agenda Item 8
Page 8
11
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SITE LAYOUT (Condition 1)
LARAE TUCKER/THE HAYGOOD BEACH, LLC
Agenda Item 8
Page 9
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PROPOSED LANDSCAPE PLAN
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LARAE TUCKER/THE HAYGOOD BEACH, LLC
Agenda Rem 8
Page 10
A NO 3,13113.1..3.316 110f
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PROPOSED BUILDING, FUEL CANOPY &
DUMPSTER ELEVATIONS (Conditions 2 & 4)
LARAE TUCKER/THE HAYGOOD BEACH, LLC
Agenda Item 8
Page 11
BAYSI DE
Map D-5
Map Not to Scale
Larae Tucker / The Haygood Beach, L.L.C.
' Zoning with ConditionaRrofera. Open Space Promotion
CUP - Gas Station with Convenience Store
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
02/11/03
Conditional Use Permit (mini -warehouse)
Granted
2
03/08/94
Conditional Use Permit (mini -warehouse)
Granted
3
01/22/02
Conditional Use Permit (auto sales)
Granted
4
09/13/82
Conditional Use Permit (fuel sales)
Granted
5
04/11/83
Conditional Use Permit (auto sales)
Granted
6
03/10/98
Conditional Use Permit (communication tower)
Granted
LARAE TUCKER/THE HAYGOOD BEACH, LLC
Agenda Item 8
Page 12
Does an official or e
subject land? Yes
If yes, what is the name of the official or employee and the nature of their interest?
oyee of IhI City of Virginia Beach have an interest in the
No
DISCLOSURE STATEMENT
LARAE TUCKER/THE HAYGOOD BEACH, LLC
Agenda Item 8
Page 13
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)
The Haygood Beach, LLC / Jason Keen - Manager
1
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Complete
If the
unincorporated
1.
Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
this section only if property owner is different from applicant.
property owner is a corporation, partnership, firm, business, or other
organization, complete the following:
List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
F---1 Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& 2 See next page for footnotes
Does an official or e
subject land? Yes
If yes, what is the name of the official or employee and the nature of their interest?
oyee of IhI City of Virginia Beach have an interest in the
No
DISCLOSURE STATEMENT
LARAE TUCKER/THE HAYGOOD BEACH, LLC
Agenda Item 8
Page 13
4
4
3
4
1
4
1
4
1
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Real Estate Services - Verdad Real Estate
Architectural and Engineering Services - Harrison French & Associates Architects p
Legal Services - Stephen R. Romine Attorney at Law LECLAIRRYAN
Civil Engineering Services - Blakeway Corporation
1 "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Govemment Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code §
2.2-3101.
gr
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
Plan r g to photo yja9and view the site for purposes of processing and evaluating this application.
Applicant's Signature,!
Larae Tucker
Print Name
Jason Keen - Manager
Property Cjeinars : nat e (if different than applicant) Print Name
DISCLOSURE STATEMENT
LARAE TUCKER/THE HAYGOOD BEACH, LLC
Agenda Item 8
Page 14
Item #8
Larae Tucker & The Haygood Beach, L.L.C.
Conditional Use Permit
4904 Haygood Road
District 4
Bayside
May 14, 2014
CONSENT
An application of Larae Tucker & The Haygood Beach, L.L.C. for a Conditional Use Permit (fuel sales & convenience
store) on property located at 4904 Haygood Road, District 4, Bayside. GPIN: 14280478970000.
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 submitted plan entitled,
"Haygood Road, Conditional Use Permit Layout Plan," prepared by Blakeway Corp, dated 04/14/14. Said plan
has been exhibited to the Virginia Beach City Council and is on file in the Planning Department.
2. Except as modified by any other condition of this Use Permit or as necessary to comply with applicable City
development ordinances and standards, the building and canopy shall be constructed in substantial
conformance with the elevations entitled, "7 -Eleven, 4904 Haygood Road, Virginia Beach, VA 23455,"
prepared by HFA Architects, Engineers, Interiors, dated 05/13/14. Said plan has been exhibited to the Virginia
Beach City Council and is on file in the Planning Department.
3. When developed, the plant materials shall be installed in substantial conformance with the submitted
landscape plan entitled, "Haygood Road, Conditional Use Permit Landscape Plan,"prepared by Kathleen Zeren,
dated 04/13/14. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning
Department.
4. The dumpster shall be enclosed with a solid brick wall to match the building, as depicted on the elevations
identified in Condition #2, and any required screening shall be installed in accordance with Section 245 (e) of
the City Zoning Ordinance.
5. Signage for the site shall be limited to:
a. Directional signs.
b. One (1) freestanding sign, no more than eight (8) feet in height and two (2) building and/ or canopy signs.
c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length
of each side. Signage on the canopy shall not be internally or externally illuminated.
d. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the
windows and/or doors, canopy, light poles or any other portion of the Site.
6. No outdoor vending machines and/or display of merchandise shall be allowed.
7. Bicycle racks shall be provided as shown on the plan identified in Condition #1 above, and shall be depicted on
the final site plan.
8. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed, final site plan review.
Said Plan shall include the location of all pole -mounted and building -mounted lighting fixtures and the listing
of lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area.
Item #8
Larae Tucker & The Haygood Beach, L.L.C.
Page 2
All lighting on the Site shall be consistent with those standards recommended by the Illumination Engineering
Society of North America. The Plan includes provisions for implementing low-level security lighting for non-
business hours.
9. Any vacuum or air pump machines shall be screened with evergreen plant material, size and species
acceptable to the Development Service Center's Landscape Architect, all of which shall be depicted on the
final site plan.
10. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public
rights-of-way in accordance with Section 246(d) of the Zoning Ordinance and shall be depicted on the final site
plan.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 8.
AYE 11
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
NAY 0
ABS 0 ABSENT 0
By a vote of 11-0, the Commission approved item 8 for consent.
Steve Romine appeared before the Commission on behalf of the applicant.
O
Q.
01
co
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: FIVE MILE STRETCH ASSOCIATES, LLC (Applicant & Owner), Conditional
Change of Zoning, AG-1/AG-2 Agricultural to Conditional PD -H2 Planned Unit
Development [R-10]. 2800 to 2900 Block of Princess Anne Road (GPIN
1494470310; 1494471877; 1494464666; 1494475502; 1494475847; 1494479615;
1494461695). PRINCESS ANNE DISTRICT.
MEETING DATE: June 17, 2014
• Background:
The applicant requests a Conditional Change of Zoning from AG -1 and AG -2
Agricultural District to PD -H2 Planned Unit Development District [R-10]. The
applicant has consolidated six parcels of undeveloped land on the north side of
Princess Anne Road for the purpose of developing a single-family residential
community. The Planning Commission acted on this request on July 10, 2013.
The City Council deferred the request on August 27, 2013, October 22, 2013,
and again on April 8. The applicant requested that the application be returned to
the City Council for consideration. Staff, therefore, scheduled the application for
the earliest available City Council meeting, considering the time required for
meeting the legal requirements of posting public notice on the property, legal
advertisement, and notification of adjacent property owners.
• Considerations:
The applicant, by letter dated June 10, 2014, requests an indefinite deferral of
this application.
• Recommendations:
Staff recommends that City Council grant the applicant's request for an indefinite
deferral of the application.
• Attachments:
June 10, 2014 Letter Requesting Deferral
Location Map
Recommended Action: Indefinite Deferral
Submitting Department/Agency: Planning Department
City Manager: \L.'illr'' ..
SY YJ S, BOURDON,
ASN & LEVY, P.C.
ATTORNEYS AND COUNSELORS AT LAW
PEMBROKE OFFICE PARK - BUILDING ONE
281 INDEPENDENCE BOULEVARD
FIFTH FLOOR
VIRGINIA BEACH, VIRGINIA 23462-2989
TELEPHONE: 757-499-8971
FACSIMILE: 757-456-5445
Via Email and Hand Delivery
June 10, 2014
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. STEVEN EMMERT
ANGELINA S. LEE
KIRK 8. LEVY
MICHAEL J. LEVY'
HOWARD R. SYKES. JR.
LEONARD C. TENGCO
%dnriMd In Virginia end Washi gIon DC
Re: Pending Application of Five Mile Stretch Associates, LLC for Conditional Change of
Zoning District Classification from AG -1 & AG -2 to Conditional PDH -2 District with an
underlying R -5D Residential District; Proposed Princess Anne Meadows
Currently scheduled for Public Hearing on June 17, 2014
Dear Mayor Sessoms, Vice Mayor Jones and Members of City Council:
On behalf of Five Mile Stretch Associates, LLC, I am writing to advise that my
client hereby requests the above referenced application be indefinitely deferred. I
will keep Councilwoman Henley and the Planning Director informed in advance of
this application coming up for consideration by Council.
We appreciate your favorable action on this request for an indefinite deferral
on June 17, 2014.
With best regards, I am
REBjr/arhm
cc: Councilwoman Barbara Henley
Jack Whitney, Director, Department of Planning
Stephen White, Department of Planning
B. Kay Wilson, Associate City Attorney
RJ McGinnis, Five Mile Stretch Associates, LLC
Vanessa Phillips Flores, Kotarides Developers, LLC
H:\AM\Conditional Rezoning\Five Mile Stretch\Sessoms_Ltr 6-lo-14.doc
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ITEM: VIRGINIA BEACH PROFESSIONAL BASEBALL, LLC (Applicant) / CITY OF
VIRGINIA BEACH (Owner):
(a) Conditional Change of Zoning, B-2 Community Business & AG -1
Agricultural to Conditional B-2 Community Business and Conditional
Use Permit for Outdoor Recreation Facility (Baseball Stadium) (GPINs -
1484871819; portion of 1484869245; & portion of 1484879998).
(b) Conditional Use Permit for Outdoor Recreational Facility (Baseball /
Softball Tournament Complex) (GPINs - portions of 1484869245,
1494249673, & 1484879998). COUNCIL DISTRICT — PRINCESS ANNE.
MEETING DATE: June 17, 2014
■ Background:
The applicant's development proposal is the result of a Request for Interest and
Qualifications (RFI -Q) for the development of a Youth Baseball Tournament
Complex and Additional Athletic Facilities, issued by the City of Virginia Beach in
September 2013. The applicant's proposal in response to the RFI -Q was
selected. To develop the site as proposed, however, a Change of Zoning
(Conditional B-2 and AG -1 to Conditional B-2) and Conditional Use Permit
(Outdoor Recreation) are necessary for the stadium and commercial complex,
and a Conditional Use Permit (Outdoor Recreation) is necessary for the
Tournament Complex. The applicant has submitted the requisite applications for
each of these.
• Considerations:
In general, the proposed development will be located in two different areas of
Princess Anne Commons between the east side of Landstown Road and the
Virginia Beach National Golf Course. A 5,000 -seat (plus 2,000 `berm' seats)
baseball stadium and a 60,000 square foot office building will be situated directly
west of the Sportsplex stadium adjacent to Landstown Road. The tournament
complex will be situated between the southern edge of the right-of-way for the
Southeastern Parkway and Greenbelt (SEP&G) and the southern boundary of
the City -owned area of Princess Anne Commons. The Tournament Complex will
consist of 13 lighted diamond fields (10 with artificial turf) and a parking lot of
approximately 1,200 spaces.
II
VIRGINIA BEACH PROFESSIONAL BASEBALL
Page 2 of 5
Further details pertaining to site layout, building design, and the proposed use,
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 11-0, to recommend approval of this request to the
City Council as proffered and with the conditions below as applicable to the Use
Permits.
PROFFERS:
PROFFER 1:
When the Property is developed, it shall be as a Baseball and Multi -Use Stadium with
ancillary office and sports related retail space substantially in accordance with the
conceptual plan entitled "PROJECT MASTER PLAN -VA Beach Athletic Village",
dated March 2014, which has been exhibited to the Virginia Beach City Council and is
on file with the Virginia Beach Department of Planning (the "Project Plan").
PROFFER 2:
When the Property is developed, the stadium and attached office/retail building shall
be substantially in conformity with the conceptual renderings of the "Ballpark"
prepared by Dills Architects, which have been exhibited to the Virginia Beach City
Council and are on file with the Virginia Beach Department of Planning.
PROFFER 3:
The uses within the portion of the structure depicted on the Project Plan and
designated "Office Building" shall be consistent with the concept of an "athletic village"
containing facilities to accommodate the full range of sports skills instruction, sports
training, sports therapy, wellness training and conditioning, and sports related retail
which are predominantly oriented toward those who have or might in the future avail
themselves of the facilities located throughout Princess Anne Commons and the
athletic village. Additional permitted uses shall be offices and eating and drinking
establishments without drive-through, outdoor cafes and outdoor plazas. No drive-
through uses shall be permitted.
PROFFER 4:
The party of the first part will work with City of Virginia Beach staff to incorporate
elements of LEED certification where feasible.
PROFFER 5:
Mechanical equipment located adjacent to any structure on the site shall be screened
with an appropriate structure, fence and/or landscaping. Any mechanical equipment
located on the top of any structures on the property shall be enclosed on four sides
VIRGINIA BEACH PROFESSIONAL BASEBALL
Page 3 of 5
with appropriately sized parapet walls to screen equipment.
PROFFER 6:
No separate monument sign for the retail. The retail sign shall be incorporated into the
monument style sign approved by the Planning Director or his designee for the
Property. Materials to be compatible with the building exteriors on the site as well as
adhere to the design guidelines for the Princess Anne Commons.
PROFFER 7:
Building mounted signs shall be reviewed prior to building plan approval by the
Planning Director or his designee.
PROFFER 8:
All exterior dumpster areas shall be screened utilizing materials and colors that are
compatible with the primary structures exterior.
PROFFER 9:
All outdoor lighting shall be shielded to direct light and glare onto the premises. A
lighting or photometric diagram plan shall be submitted with any site plan for review
by City staff. The lighting plan shall include the height of poles located in the parking
lots along with the location of all pole -mounted and building mounted lighting fixtures.
The plan shall also list type, wattage and fixture type. Lighting shall be uniform
throughout the parking area, and shall minimize reflection or glare toward properties
and streets outside the site.
PROFFER 10:
All buildings and structures constructed on the Property shall be designed in a
manner complementary with the Princess Anne Commons Design Guidelines.
PROFFER 11:
Upon its recordation, this First Amendment to Proffered Covenants, Restrictions and
Conditions shall replace and supersede the "Proffered Covenants, Restrictions and
Conditions" dated September 23, 2008 recorded in the Office of the Clerk of the
Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number
20090211000133710.
CONDITIONS OF USE PERMIT (BASEBALL STADIUM)
1. With the exception of any modifications required by any of these
conditions or as a result of development site plan review, the stadium and
attached office/retail building shall be developed in substantial conformity
with the conceptual renderings of the stadium prepared by Dills Architects,
and the conceptual site layout, labeled `PROJECT MASTER PLAN' and
`Exhibit A,' prepared by Dills Architects and VHB, which have been
VIRGINIA BEACH PROFESSIONAL BASEBALL
Page 4 of 5
exhibited to the Virginia Beach City Council and are on file with the
Virginia Beach Department of Planning.
2. Parking in Parking Lot C (201 spaces) shall be shared with other venues
within Princess Anne Commons for large events, as coordinated by the
"Sportsplex Event Coordination Scheduling Committee" established by the
City of Virginia Beach.
3. All way -finding and site identification signage shall be designed with
materials compatible with the building exteriors on the site and shall
adhere to the Princess Anne Commons Design Guidelines. Said signs
shall approved by the Planning Director or his designee.
4. The applicant is responsible for obtaining all environmental permits,
including wetland and stormwater permits, prior to construction.
5. All outdoor lighting shall be shielded to direct light and glare onto the
premises. A lighting or photometric diagram plan shall be submitted with
the development site plan for review by City staff. The lighting plan shall
include the height of poles located in the parking lots along with the
location of all pole -mounted and building mounted lighting fixtures. The
plan shall also list type, wattage and fixture type. Lighting shall be uniform
throughout the area, and shall minimize reflection or glare toward
properties and streets outside the site.
CONDITIONS OF USE PERMIT (TOURNAMENT COMPLEX)
6. With the exception of any modifications required by any of these
conditions or as a result of development site plan review, the Tournament
Complex shall be developed in substantial conformity with the conceptual
renderings of said complex [as provided in this staff report], prepared by
Dills Architects, and the conceptual site layout, labeled `PROJECT
MASTER PLAN' and `Exhibit A,' prepared by Dills Architects and VHB,
which have been exhibited to the Virginia Beach City Council and are on
file with the Virginia Beach Department of Planning.
7. The park open space areas shown on the plan referenced in Condition 6
shall be designed in coordination with the Department of Parks and
Recreation / Planning and Design Office to ensure conformance with
Parks and Recreation Design Standards.
8. A tree preservation plan shall be prepared for the park open space area
as part of the park design and approved by City Arborist.
9. Applicant is responsible for obtaining all environmental permits, including
wetland and stormwater permits, prior to construction.
10.All way -finding and site identification signage shall be designed with
materials compatible with the building exteriors on the site and shall
adhere to the Princess Anne Commons Design Guidelines. Said signs
shall approved by the Planning Director or his designee.
11. Parking in Parking Lot D (1,195 spaces) shall be shared with other venues
within Princess Anne Commons for large events, as coordinated by the
VIRGINIA BEACH PROFESSIONAL BASEBALL
Page 5 of 5
"Sportsplex Event Coordination Scheduling Committee" established by the
City of Virginia Beach.
12.AII outdoor lighting shall be shielded to direct light and glare onto the
complex grounds. A lighting or photometric diagram plan shall be
submitted with the development site plan for review by City staff. The
lighting plan shall include the height of poles located in the parking lots
along with the location of all pole -mounted and building mounted lighting
fixtures. The plan shall also list type, wattage and fixture type. Lighting
shall be uniform throughout the area, and shall minimize reflection or glare
toward properties and streets outside the site.
13. All exterior dumpster areas shall be screened utilizing materials and colors
that are compatible with the primary structures exterior.
■ 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
PRINCESS ANNE
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Virginia Beach Professional
Baseball L.L.C.
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Prort.. Opmr Sp . Promotion CUP for Outdoor Recreation - (Baseball Fields)
Zoning Change from AG -1 s Conditional 8.2 to Conditional 8-2 (Stadium
6
June 11, 2014 Public Hearing
APPLICANT:
VIRGINIA BEACH
PROFESSIONAL
BASEBALL, L.L.C.
PROPERTY OWNER:
CITY OF VIRGINIA
BEACH
STAFF PLANNER: Stephen J. White
REQUEST:
(a) Conditional Change of Zoning (AG -1 and Conditional B-2 to Conditional B-2)
(b) Conditional Use Permit (Outdoor Recreation Facility [Baseball Stadium])
(c) Conditional Use Permit (Outdoor Recreation Facility [Baseball Field Complex])
ADDRESS / DESCRIPTION (a) & (b):
East side of Landstown Road, immediately south
of Landstown Centre Way (GPINs 1484871819
and 1484879998)
ELECTION DISTRICT:
PRINCESS ANNE
ADDRESS / DESCRIPTION (c):
East side of Landstown Road, approximately 2,400
feet south of its intersection with Landstown Centre
Way (GPINs 1484871819 and 1484879998)
SITE SIZE:
Items (a) & (b) = 16 acres
Item (c) = 108.7 acres
AICUZ:
70 to 75 dB DNL
Interfacility Traffic Area (ITA)
BACKGROUND / DETAILS OF PROPOSAL
Background
The subject sites are located within the area of the city designated by the Comprehensive Plan as
Princess Anne Commons, part of the Interfacility Traffic Area and Special Economic Growth Area 4.
Princess Anne Commons consists of several different but highly integrated 'village / campus' areas:
academic, medical, athletic and recreation, economic development, and municipal government functions.
The applicant is proposing to enhance the opportunities offered within the 'athletic village' of Princess
Anne Commons with the development of a 5,000 -seat baseball stadium, an integrated office and retail
building, and a 13 -field baseball/softball tournament complex.
The applicant's development proposal is the result of a Request for Interest and Qualifications (RFI -Q) for
the development of a Youth Baseball Tournament Complex and Additional Athletic Facilities, issued by
the City of Virginia Beach in September 2013. The applicant's proposal in response to the RFI -Q was
VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 1
selected. To develop the site as proposed, however, a Change of Zoning (Conditional B-2 and AG -1 to
Conditional B-2) and Conditional Use Permit (Outdoor Recreation) are necessary for the stadium and
commercial complex, and a Conditional Use Permit (Outdoor Recreation) is necessary for the
Tournament Complex. The applicant has submitted the requisite applications for each of these.
Details
In general, the proposed development will be located in two different areas of Princess Anne Commons
between the east side of Landstown Road and the Virginia Beach National Golf Course. The baseball
stadium and office building will be situated directly west of the Sportsplex stadium adjacent to Landstown
Road. The tournament complex will be situated between the southern edge of the right-of-way for the
Southeastern Parkway and Greenbelt (SEP&G) and the southern boundary of the City -owned area of
Princess Anne Commons.
The following provides specific information pertaining to each part of the proposed development:
Stadium and Commercial Space
• 5,000 seat stadium, including suites as well as 2,000 berm seats:
o A concourse will run around the stadium field, providing access throughout the stadium,
including the berm seats.
o The primary tenant of the stadium will be the Virginia Beach Neptunes, a professional
Atlantic League team. The Neptunes will play approximately 70 home games at the
stadium.
o A secondary tenant will be a team in the Coastal Plain League, which is a summer
wooden bat league.
o Tidewater Community College, Virginia Beach Campus (TCC/VB) will also be using the
stadium as part of its introduction of junior college baseball to its athletic program.
VARIABLL VA POWER IDT I
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VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 2
• Connected to the stadium will be a 60,000 square foot commercial office building that will provide
space for VBPB's offices, the potential of a Sentara sports therapy, wellness training, and
conditioning program, and, through TCC/VB, academic training and courses including sports
medicine, sports nutrition, sports marketing. Proffer 3 is specific to this building, and limits the
uses to the type described above, and also notes that "additional permitted uses shall be offices,
[restaurants] without drive-through, outdoor cafes, and outdoor plazas. No drive-through uses
shall be permitted."
Tournament Complex
The Tournament Complex will consist of 13 lighted diamond fields (10 with artificial turf) and a parking lot
of approximately 1,200 spaces. Facts relevant to the complex are as follows:
• The complex will host national, regional, and local baseball and softball tournaments for all age
levels and types of league, including community league games and tournaments.
• The applicant will be collaborating with City of Virginia Beach's Convention and Visitors Bureau's
Sports Marketing Office and the Department of Parks and Recreation to book tournaments and
develop Virginia Beach 'hotel and restaurant packages' for participants.
• The fields will be 300 feet to 350 feet to the outfield fence, and will be fully convertible such that
they can be used to host baseball and softball of every level and type.
• There is an area of delineated non -tidal wetlands on the subject site, which will remain in its
current state (designated as 'Tree Save Area' on the site plan). Adjacent to this area, the
applicant will create a park that will include walking trails and lawn area for picnics and relaxation.
The applicant's intent is that the trail system being installed throughout the tournament complex
will eventually be fully connected to the Princess Anne Commons trail system.
• As there will be children of the players and spectators within the tournament complex, the
applicant will construct playgrounds, including a water playground, within the complex.
Parking for the stadium and tournament complex will be located in existing parking lots and new parking
lots to be constructed with this development. In general, parking in the Athletic Village of Princess Anne
Commons has been, and will continue to be, provided through a series of parking lots throughout the
area. Each specific component of the Athletic Village (Princess Anne Athletic Complex, Sportsplex, and
Fieldhouse) has parking meeting its needs, but also shares parking with the other components in case of
overflow during large events. A 1,195 -space parking lot will be constructed with the tournament complex.
The parking lot will be located within the existing right-of-way for the SEP&G. Should the right-of-way be
needed for the SEP&G at some point in the future, the parking will be relocated to another located within
Princess Anne Commons.
The Sportsplex parking lot is currently the most used parking lot in the Athletic Complex, and parking
within it is managed through a master schedule coordinated by the City. A parking analysis conducted by
the Department of Parks and Recreation, Clark/Nexsen, and the Department of Planning indicated that
with the new and existing parking lots, as well as the system of shared managed parking, there will be
sufficient parking. The parking lots, the tournament complex, and the baseball stadium will be connected
by an extensive walkway system.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: The area proposed for the stadium and commercial building is currently partially
VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 3
developed with various support uses for the Sportsplex and the Field Hockey Center. The area proposed
for the tournament complex is currently undeveloped, consisting of vegetated field and treed areas.
SURROUNDING LAND North: • Sportsplex and parking lot / AG -1 Agricultural District
USE AND ZONING: South: • Field Hockey Complex (Stadium) and Cultivated fields
(Tournament Complex) / AG -1 Agricultural District
East: • Virginia Beach Fieldhouse and Virginia Beach National Golf
Course / AG -1 Agricultural District
West: • Landstown Road
• Princess Anne Athletic Complex / AG -1 Agricultural District
The subject site and the surrounding area are located within the Interfacility Traffic Area (ITA) Overlay
District. The AICUZ is 70 to 75 dB DNL. The proposed uses are compatible with this AICUZ.
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is a former plant nursery, and as a result, there are areas of
tree groves, which will be saved and integrated into this project.
There is a small area of non -tidal wetlands on the site, which will
remain 'as is' and be buffered by the creation of a park / open space
around it.
COMPREHENSIVE PLAN: The Comprehensive Plan identifies this parcel as being within the Princess
Anne Special Economic Growth Area (SEGA 4). The controlling master plan for Princess Anne SEGA 4 is
the Interfacility Traffic Area (ITA) and Vicinity Master Plan. The general vision for this area is to create
campuses for work, education, research, recreation, and worship. When fully developed, this area will
have evolved into a continuous open space experience tied together by trails and waterways, and
landscaped as a continuous 'garden' within which activities are accommodated (p. 21, ITA & Vicinity
Master Plan). More specifically, this site is within North Princess Anne Commons' Athletic Village. North
Princess Anne Commons is primarily located southwest of the intersection of Rosemont Road and Dam
Neck Road, east of the of the single-family residential development of Salem Lakes, north of Landstown
Road, and encompassing the Virginia Beach National Golf Course. As a prominent'Placemaker' in the
City, this area not only serves as a principal gateway to the Virginia Beach Municipal Center and court
complex, it has become a premier destination (including Virginia Beach Amphitheatre, Sportsplex and
National Field Hockey Training Center) and offers the public a wide range of special events and services.
The proposed development will continue to offer our citizens and visitors experiences that will enrich their
lives and will reaffirm that Virginia Beach is a "Community for a Lifetime,"
(pp. 4-1 to 4-10).
The applicant provided a presentation with regard to this development proposal to the Interfacility Traffic
Area -Transition Area Citizen Advisory Committee (ITA -TA CAC). The proposed development was
positively received.
4
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Landstown
Road is a two-lane local collector street. Capital Improvement Program (CIP — FY 14/15) Project 2050000
— Landstown Road Improvements is for the widening of the existing roadway to a four -lane undivided
roadway with four -foot wide shoulders, open swale ditches, and an eight -foot wide asphalt path from its
VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 4
intersection with Landstown Centre Way south to the westward bend of the roadway. Initial work on the
design has commenced. As part of that work, a Traffic Impact Study (TIS) has been conducted for the
subject development proposal, and the recommendations of the TIS are being integrated into the design
work for the roadway improvements.
WATER: Connection to the City water system is required. City water service lines are located in
Landstown Road and Landstown Centre Way, which are capable of providing water to the proposed
stadium area. Extension of water service lines to the tournament field complex will be necessary.
SEWER: Connection to the City sanitary sewer system is required. City gravity sanitary sewer lines are
located in Landstown Road, which are capable of providing service to the proposed stadium area. There
are no City or HRSD service lines in Landstown Road in the vicinity of the tournament complex. Extension
of service lines will be necessary to serve the tournament complex. Analysis of Pump Station #647 and the
sanitary sewer collection system is required to ensure future flows can be accommodated.
EVALUATION AND RECOMMENDATION
Staff recommends approval of the applicant's requests for a Change of Zoning (Conditional B-2 and AG -1
to Conditional B-2) and Conditional Use Permit (Outdoor Recreation) are necessary for the stadium and
commercial complex, and a Conditional Use Permit (Outdoor Recreation). The rezoning of the 16 -acre
site for a baseball stadium and the 107.8 -acre site for a baseball and softball tournament complex will
enhance the athletic opportunities with Princess Anne Commons, as recommended by the
Comprehensive Plan.
Staff's recommendation for approval of the applications is accompanied by the following proffers
submitted by the applicant, as well as the following recommended conditions for each of the Use Permits.
4
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).
The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted
these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is
acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the
Circuit Court and serve as conditions restricting the use of the property as proposed with this change of
zoning.
PROFFER 1:
When the Property is developed, it shall be as a Baseball and Multi -Use Stadium with ancillary office
and sports related retail space substantially in accordance with the conceptual plan entitled "PROJECT
MASTER PLAN -VA Beach Athletic Village", dated March 2014, which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Project
Plan").
VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 5
PROFFER 2:
When the Property is developed, the stadium and attached office/retail building shall be substantially in
conformity with the conceptual renderings of the "Ballpark" prepared by Dills Architects, which have
been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of
Planning.
PROFFER 3:
The uses within the portion of the structure depicted on the Project Plan and designated "Office
Building" shall be consistent with the concept of an "athletic village" containing facilities to
accommodate the full range of sports skills instruction, sports training, sports therapy, wellness training
and conditioning, and sports related retail which are predominantly oriented toward those who have or
might in the future avail themselves of the facilities located throughout Princess Anne Commons and
the athletic village. Additional permitted uses shall be offices and eating and drinking establishments
without drive-through, outdoor cafes and outdoor plazas. No drive-through uses shall be permitted.
PROFFER 4:
The party of the first part will work with City of Virginia Beach staff to incorporate elements of LEED
certification where feasible.
PROFFER 5:
Mechanical equipment located adjacent to any structure on the site shall be screened with an
appropriate structure, fence and/or landscaping. Any mechanical equipment located on the top of any
structures on the property shall be enclosed on four sides with appropriately sized parapet walls to
screen equipment.
PROFFER 6:
No separate monument sign for the retail. The retail sign shall be incorporated into the monument style
sign approved by the Planning Director or his designee for the Property. Materials to be compatible with
the building exteriors on the site as well as adhere to the design guidelines for the Princess Anne
Commons.
PROFFER 7:
Building mounted signs shall be reviewed prior to building plan approval by the Planning Director or his
designee.
PROFFER 8:
All exterior dumpster areas shall be screened utilizing materials and colors that are compatible with the
primary structures exterior.
PROFFER 9:
All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or
photometric diagram plan shall be submitted with any site plan for review by City staff. The lighting plan
shall include the height of poles located in the parking lots along with the location of all pole -mounted
and building mounted lighting fixtures. The plan shall also list type, wattage and fixture type. Lighting
shall be uniform throughout the parking area, and shall minimize reflection or glare toward properties
and streets outside the site.
PROFFER 10:
All buildings and structures constructed on the Property shall be designed in a manner complementary
with the Princess Anne Commons Design Guidelines.
PROFFER 11:
Upon its recordation, this First Amendment to Proffered Covenants, Restrictions and Conditions shall
VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 6
replace and supersede the "Proffered Covenants, Restrictions and Conditions" dated September 23,
2008 recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as
Instrument Number 20090211000133710.
STAFF COMMENTS: The submitted proffers are acceptable. The proffers ensure that the stadium and
the associated commercial building will be high quality with regard to both building and site design, and
will eliminate the previous conditional zoning that applies to a portion of the site.
The City Attorney's Office has reviewed the proffer agreement dated March 31, 2014 and found it to be
legally sufficient and in acceptable legal form.
CONDITIONS
Conditions of Use Permit (Baseball Stadium)
1. With the exception of any modifications required by any of these conditions or as a result of
development site plan review, the stadium and attached office/retail building shall be developed
in substantial conformity with the conceptual renderings of the stadium prepared by Dills
Architects, and the conceptual site layout, labeled 'PROJECT MASTER PLAN' and 'Exhibit A,'
prepared by Dills Architects and VHB, which have been exhibited to the Virginia Beach City
Council and are on file with the Virginia Beach Department of Planning.
2. Parking in Parking Lot C (201 spaces) shall be shared with other venues within Princess Anne
Commons for large events, as coordinated by the "Sportsplex Event Coordination Scheduling
Committee" established by the City of Virginia Beach.
3. All way -finding and site identification signage shall be designed with materials compatible with the
building exteriors on the site and shall adhere to the Princess Anne Commons Design Guidelines.
Said signs shall approved by the Planning Director or his designee.
4. The applicant is responsible for obtaining all environmental permits, including wetland and
stormwater permits, prior to construction.
5. All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or
photometric diagram plan shall be submitted with the development site plan for review by City
staff. The lighting plan shall include the height of poles located in the parking lots along with the
location of all pole -mounted and building mounted lighting fixtures. The plan shall also list type,
wattage and fixture type. Lighting shall be uniform throughout the area, and shall minimize
reflection or glare toward properties and streets outside the site.
Conditions of Use Permit (Tournament Complex)
6. With the exception of any modifications required by any of these conditions or as a result of
development site plan review, the Tournament Complex shall be developed in substantial
conformity with the conceptual renderings of said complex [as provided in this staff report],
prepared by Dills Architects, and the conceptual site layout, labeled 'PROJECT MASTER PLAN'
and 'Exhibit A,' prepared by Dills Architects and VHB, which have been exhibited to the Virginia
VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 7
Beach City Council and are on file with the Virginia Beach Department of Planning.
7. The park open space areas shown on the plan referenced in Condition 6 shall be designed in
coordination with the Department of Parks and Recreation / Planning and Design Office to ensure
conformance with Parks and Recreation Design Standards.
8. A tree preservation plan shall be prepared for the park open space area as part of the park
design and approved by City Arborist.
9. Applicant is responsible for obtaining all environmental permits, including wetland and stormwater
permits, prior to construction.
10. AH way -finding and site identification signage shall be designed with materials compatible with the
building exteriors on the site and shall adhere to the Princess Anne Commons Design Guidelines.
Said signs shall approved by the Planning Director or his designee.
11. Parking in Parking Lot D (1,195 spaces) shall be shared with other venues within Princess Anne
Commons for large events, as coordinated by the "Sportsplex Event Coordination Scheduling
Committee" established by the City of Virginia Beach.
12. All outdoor lighting shall be shielded to direct light and glare onto the complex grounds. A lighting
or photometric diagram plan shall be submitted with the development site plan for review by City
staff. The lighting plan shall include the height of poles located in the parking lots along with the
location of all pole -mounted and building mounted lighting fixtures. The plan shall also list type,
wattage and fixture type. Lighting shall be uniform throughout the area, and shall minimize
reflection or glare toward properties and streets outside the site.
13. All exterior dumpster areas shall be screened utilizing materials and colors that are compatible
with the primary structures exterior.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site plan submitted with this application may require revision
during detailed site plan review to meet all applicable City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of Planning /
Development Services Center and Department of Planning / Permits and Inspections Division, and
the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use
Permit or Change of Zoning are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through Environmental
Design (CPTED) concepts and strategies as they pertain to this site.
VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 8
I
AERIAL OF SITE LOCATION
VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 9
PROJECT MASTER PLAN
EXHIBIT `A'
CONCEPTUAL SITE PLAN
(Conditions 1 & 6 / Proffer 1)
VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 10
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VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 11
STADIUM EXTERIOR
STADIUM CONCOURSE
CONCEPTUAL RENDERINGS OF
STADIUM (Condition 1 / Proffer 2)
VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 12
STADIUM PICNIC AREA
CONCEPTUAL RENDERINGS OF
STADIUM (Condition 1 / Proffer 2)
VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 13
a
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CONCEPTUAL SITE LAYOUT SHOWING
CONNECTION BETWEEN TOURNAMENT
COMPLEX AND STADIUM
VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 14
F ROM
TOURNAMENT uimMLCA TO STADIUM
TOURNAMENT FIELDS WITH STADIUM IN BACKGROUND
CONCEPTUAL VIEWS
VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 15
1 11
PRINCESS ANNE
Map G,H-11,12
Map Not to Scale
.R5D
Virginia Beach Professional
Baseball L.L.C.
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ZONING CHANGE
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is 65-70 dB Ldn
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'Zoning with Conditions Proffers. Open Space Promotion CUP for Outdoor Recreation - (Baseball Fields)
Zoning Change from AG -1 & Conditional B-2 to Conditional 8-2 (Stadium)
ZONING HISTORY
#
DATE
REQUEST
ACTION
1A
12/03/13
Modification of Proffers
Approved
04/24/12
Change of Zoning (AG -1 & AG -2 to Conditional B-2 and 1-1)
Approved
1
Conditional Use Permit (rehabilitation facility)
2
08/22/06
Change of Zoning (AG -1 to Conditional B-2)
Approved
3A
02/14/12
Modification of Proffers
Conditional Use Permit (recreational facility)
Approved
3
05/27/08
Change of Zoning (AG -1 to Conditional B-2)
Conditional Use Permit (recreational facility)
Approved
4
07/07/98
Conditional Use Permit (communications tower)
Approved
03/28/95
Change of Zoning (R-10 to AG -1)
5
Conditional Use Permit (recreational facility of outdoor nature -
amphitheater)
Approved
6
02/03/09
Change of Zoning (AG -1 to Conditional B-2)
Conditional Use Permit (recreational facility — indoor fieldhouse)
Approved
05/27/97
Change of Zoning (0-2, B-2, R-10, P-1, and H-1 to AG -1)
7
Conditional Use Permit (recreational facility — stadium)
Approved
Conditional Use Permit (recreational facility — golf course)
8
03/14/00
Conditional Use Permit (recreational facility — golf course training)
Approved
VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 16
Does an official or epAloyee of theem�City
subject land? Yes I I No lel
If yes, what is the name of the official or
of Virginia Beach have an
employee and the nature
interest in the
of their interest?
13
1
1
1
1
1
4
1
1
1
4
1
•
1
1
1
1
1
1
1
1
4
DISCLOSURE STATEMENT
VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 17
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)
Virginia Beach Professional Baseball, L.L.C.: James F. Short, Chairman; Clay Dills, President
Joe Pinto, Director; John Hawley, Director
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
CCheck here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
City of Virginia Beach
2. List all businesses that have a parent -subsidiary or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
ECheck here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1 & 2 See next page for footnotes
Does an official or epAloyee of theem�City
subject land? Yes I I No lel
If yes, what is the name of the official or
of Virginia Beach have an
employee and the nature
interest in the
of their interest?
13
1
1
1
1
1
4
1
1
1
4
1
•
1
1
1
1
1
1
1
1
4
DISCLOSURE STATEMENT
VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 17
1
4
3
3
{
r
4
1
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)
Dills Architects
VHB Land Development
Sykes, Bourdon, Ahern & Levy, P.C.
1 "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
j power of another corporation," See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise°share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities," See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
Virginia ch Prgfessi,onal Baseball, LLC
t than applicant)
Clay Dills, President
Print Name
cK 4 Cv. S
Print N
DISCLOSURE STATEMENT
VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C.
Agenda Item 6
Page 18
In Reply Refer To Our File No. DF -8987
TO: Mark D. Stiles
FROM: B. Kay Wilson
RE:
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: June 5, 2014
DEPT: City Attorney
DEPT: City Attorney
Conditional Zoning Application; Virginia Beach Professional Baseball
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on June 17, 2014. I have reviewed the subject proffer agreement, dated
March 31, 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
FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS
VIRGINIA BEACH PROFESSIONAL BASEBALL, L.L.C., a Virginia limited liability
company
THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 31St day of March, 2014, by and between VIRGINIA
BEACH PROFESSIONAL BASEBALL, L.L.C., a Virginia limited liability company, party of
the first part, Grantor; THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, party of the second part, Grantor; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part,
Grantee.
WITNESSETH:
WHEREAS, the party of the second part is the owner of that certain parcel of
property located in the Princess Anne District of the City of Virginia Beach, Virginia,
containing a total of approximately 15.9616 acres, which are more particularly described in
Exhibit "A" attached hereto and incorporated herein by this reference, said parcel is
hereinafter referred to as the "Property"; and
WHEREAS, the Property has split zoning with a 7.1 acre portion designated
"SPORTSPLEX COMMONS PARCEL 4" being zoned Conditional B-2 Commercial District
and the remaining 8.8616 acres zoned AG -1 Agricultural District; and
GPIN: 1484-87-1819
1484-87-9998
Prepared By:
R. Edward Bourdon, Jr., Esquire
Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
VSB #2216o
1
WHEREAS, the party of the first part has initiated a conditional amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so
as to change the Zoning Classification of the 8.8616 acre remaining portion of the Property
from AG-1 to Conditional B-2 subject to the proffered covenants, restrictions and conditions
as set forth herein; and
WHEREAS, the party of the first part has initiated a modification to a conditional
amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the
Grantee so as to modify conditions to the Conditional B-2 District of the remainder of the
Property; and
WHEREAS, the party of the first part has requested Grantee to permit this
modification of the previously Proffered Covenants, Restrictions and Conditions dated
September 23, 2008 and recorded in the Office of the Clerk of the Circuit Court of the City
of Virginia Beach, Virginia as Instrument Number 20090211000133710 (hereinafter "2009
Proffers"), to reflect amendments applicable to the land use plan on 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
WHEREAS, the Grantors acknowledge that competing and sometimes incompatible
uses conflict and that in order to permit differing uses on and in the area of the Property and
at the same time to recognize the effects of change, and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned are needed to cope with
the situation to which the Grantors' proposed zoning and modification of conditions to the
zoning gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed zoning and
modification to the existing zoning conditions with respect to the Property, the following
reasonable conditions related to the physical development, operation, and use of the
Property to be adopted, which conditions have a reasonable relation to the proposed zoning
and modification and the need for which is generated by the proposed modification.
NOW, THEREFORE, the Grantors, their successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any element
of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or
2
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:
1. When the Property is developed, it shall be as a Baseball and Multi -Use
Stadium with ancillary office and sports related retail space substantially in accordance with
the conceptual plan entitled "PROJECT MASTER PLAN — VA Beach Athletic Village", dated
March 2014, which has been exhibited to the Virginia Beach City Council and is on file with
the Virginia Beach Department of Planning (the "Project Plan").
2. When the Property is developed, the stadium and attached office/retail
building shall be substantially in conformity with the conceptual renderings of the
"Ballpark" prepared by Dills Architects, which have been exhibited to the Virginia Beach
City Council and are on file with the Virginia Beach Department of Planning.
3. The uses within the portion of the structure depicted on the Project Plan and
designated "Office Building" shall be consistent with the concept of an "athletic village"
containing facilities to accommodate the full range of sports skills instruction, sports
training, sports therapy, wellness training and conditioning, and sports related retail which
are predominantly oriented toward those who have or might in the future avail themselves
of the facilities located throughout Princess Anne Commons and the athletic village.
Additional permitted uses shall be offices and eating and drinking establishments without
drive-through, outdoor cafes and outdoor plazas. No drive-through uses shall be permitted.
4. The party of the first part will work with City of Virginia Beach staff to
incorporate elements of LEED certification where feasible.
5. Mechanical equipment located adjacent to any structure on the site shall be
screened with an appropriate structure, fence and/or landscaping. Any mechanical
equipment located on the top of any structures on the property shall be enclosed on four
sides with appropriately sized parapet walls to screen equipment.
6. No separate monument sign for the retail. The retail sign shall be
incorporated into the monument style sign approved by the Planning Director or his
designee for the Property. Materials to be compatible with the building exteriors on the site
as well as adhere to the design guidelines for the Princess Anne Commons.
3
7. Building mounted signs shall be reviewed prior to building plan approval by
the Planning Director or his designee.
8. All exterior dumpster areas shall be screened utilizing materials and colors
that are compatible with the primary structures exterior.
9. All outdoor lighting shall be shielded to direct light and glare onto the
premises. A lighting or photometric diagram plan shall be submitted with any site plan for
review by City staff. The lighting plan shall include the height of poles located in the
parking lots along with the location of all pole -mounted and building mounted lighting
fixtures. The plan shall also list type, wattage and fixture type. Lighting shall be uniform
throughout the parking area, and shall minimize reflection or glare toward properties and
streets outside the site.
10. All buildings and structures constructed on the Property shall be designed in
a manner complementary with the Princess Anne Commons Design Guidelines.
11. Upon its recordation, this First Amendment to Proffered Covenants,
Restrictions and Conditions shall replace and supersede the "Proffered Covenants,
Restrictions and Conditions" dated September 23, 2008 recorded in the Office of the Clerk
of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number
20090211000133710.
12. 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.
All references hereinabove to the B-2 District 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 referenced 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
4
II
by written instrument recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by the
Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted
by the governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as
amended. Said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded, said instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions 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 signatures and seals:
Attest:
Grantor:
City of Virginia Beach, a municipal corporation
yrrime—> of the Commonwealth of Virginia
By:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The for of?3instrument was acknowledged before me this day of April, 2014,
by d City Manager, Grantor.
bacGc/�4(:L��ft
(SEAL)
My Commission Expires:
Notary ublic
/// 505
Notary Registration Number: 1393
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this day of April, 2014,
by Ruth Hodges Fraser, City Clerk.
Notary Public
My Commission Expires: la -3 )' 1
11-1
Notary Registration Number: /1 0'13 4 33
6
Sandy Marie Madison
CommonwealIn of Virginia
Notary Public,
Commission No. 7073053
�'•y FF My G mmlmlion Expires 1213112014
WITNESS the following signature and seal:
Grantor:
Virginia Beach Professional Baseball, L.L.C., a Virginia
limited liability company
By:
Dills,' resident
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 20th day of May, 2014,
by Clay Dills, President of Virginia Beach Professional Baseball, L.L.C., a Virginia limited
liability company, Grantor.
Notary Public
My Commission Expires: August 31, 2014
Notary Registration Number: 192628
7
EXHIBIT "A"
THE PROPERTY
All that certain lot, tract or parcel of land, together with the improvements thereon, situate,
lying and being in the City of Virginia Beach, Virginia, designated and described as
"SPORTSPLEX COMMONS PARCEL 4" and "OVERLAP AREAS #1, #2 and #3" containing
15.9616 acres on that certain plat entitled "PLAT SHOWING LEASE AREAS TO BE
ACQUIRED FROM CITY OF VIRGINIA BEACH DEPARTMENT OF PARKS AND
RECREATION FOR VIRGINIA BEACH PROFESSIONAL BASEBALL", dated February 24,
2014, such plat being attached hereto and incorporated herein by this reference (the
"Property").
GPIN: 1484-87-1819
1484-87-9998
The following is a description of that portion of the Property, as hereinabove described, which
was not included in the 2009 Proffers and is conditionally rezoned herewith subject to this
First Amendment to Proffered Covenants, Restrictions and Conditions:
All that certain parcel of land situate, lying and being in the City of Virginia Beach, Virginia,
containing approximately 8.8616 acres described as "OVERLAP AREAS #1, #2 and #3" which
together are more particularly described as follows:
Beginning at a point on the eastern right of way line of Landstown Road which point is 44.61
feet south of end point of a curve to the northeast in the right of way line which marks the
beginning of its intersection with Landstown Centre Way and from said point S 5o° 58' 44" E,
a distance of 393.74 feet to a point; thence S 27° 32' 39" W, a distance of 62.3o feet to a point;
thence S 50° 58' 44" E, a distance of 676.25 feet to a point; thence S 7° 35' 43" E, a distance of
205.83 feet; thence S 25° 34' 09" W, a distance of 91.97 feet to a point; thence S 39° 38' o6" W,
a distance of 278.67 feet to a point; thence S 9° 31' 26" E, a distance of 126.73 feet to a point;
thence S 39° 32' 26" W, a distance of 546.33 feet to a point on the eastern right of way line of
Landstown Road; thence along the eastern right of way line N 9° 31' 20" W, a distance of 716.15
feet to a point; thence N 8o° 33' 12" E, 539.99 feet to a point; thence N 62° 33' 12" E, a distance
of 90 feet to a point; thence N 10° 26' 48" W, a distance of 135.00 feet to a point; thence N 50°
56' 3o" W, a distance of 715.86 feet to a point; thence S 82° 51' 17" W, a distance of 149.98 feet
to appoint on the eastern right of way line of Landstown Road; thence along the eastern right
of way line N 9° 19' 32" W, a distance of 188.87 feet to a point; continuing along the eastern
right of way line, N 1° 39' 01" W, a distance of 84.23 feet to a point; continuing along the
eastern right of way line N 9° 20' 30" W, a distance of 65.24 feet to a point; continuing along
the eastern right of way line 9° 19' 33" W, a distance of 26.52 feet to the Point of Beginning.
H:\AM\Conditional Rezoning \VBPB\1st Amendment to Proffers_final 5-2o-14.doc
8
Item #6
Virginia Beach Professional Baseball
Change of Zoning
Conditional Use Permit
District 7
Princess Anne
June 11, 2014
CONSENT
Applications of Virginia Beach Professional Baseball for the following:
(a) Change of Zoning from Conditional B-2 Community Business and AG -1 Agricultural to Conditional B-2
Community Business and Conditional Use Permit for Outdoor Recreational Facility (baseball stadium) on
the east side of Landstown Road, south of Landstown Centre Way (GPINs 1484871819 and 1484879998).
(b) Conditional Use Permit for Outdoor Recreational Facility, 2068 Landstown Centre Way (GPINs
1484869245; 1494249673;1484879998).
PROFFERS
PROFFER 1:
When the Property is developed, it shall be as a Baseball and Multi -Use Stadium with ancillary office and sports
related retail space substantially in accordance with the conceptual plan entitled "PROJECT MASTER PLAN -VA
Beach Athletic Village", dated March 2014, which has been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning (the "Project Plan").
PROFFER 2:
When the Property is developed, the stadium and attached office/retail building shall be substantially in
conformity with the conceptual renderings of the "Ballpark" prepared by Dills Architects, which have been
exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning.
PROFFER 3:
The uses within the portion of the structure depicted on the Project Plan and designated "Office Building" shall
be consistent with the concept of an "athletic village" containing facilities to accommodate the full range of
sports skills instruction, sports training, sports therapy, wellness training and conditioning, and sports related
retail which are predominantly oriented toward those who have or might in the future avail themselves of the
facilities located throughout Princess Anne Commons and the athletic village. Additional permitted uses shall be
offices and eating and drinking establishments without drive-through, outdoor cafes and outdoor plazas. No
drive-through uses shall be permitted.
PROFFER 4:
The party of the first part will work with City of Virginia Beach staff to incorporate elements of LEED certification
where feasible.
PROFFER 5:
Mechanical equipment located adjacent to any structure on the site shall be screened with an appropriate
structure, fence and/or landscaping. Any mechanical equipment located on the top of any structures on the
property shall be enclosed on four sides with appropriately sized parapet walls to screen equipment.
PROFFER 6:
No separate monument sign for the retail. The retail sign shall be incorporated into the monument style sign
approved by the Planning Director or his designee for the Property. Materials to be compatible with the building
Item #6
Virginia Beach Professional Baseball
Page 2
exteriors on the site as well as adhere to the design guidelines for the Princess Anne Commons.
PROFFER 7:
Building mounted signs shall be reviewed prior to building plan approval by the Planning Director or his
designee.
PROFFER 8:
All exterior dumpster areas shall be screened utilizing materials and colors that are compatible with the primary
structures exterior.
PROFFER 9:
All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or photometric
diagram plan shall be submitted with any site plan for review by City staff. The lighting plan shall include the
height of poles located in the parking lots along with the location of all pole -mounted and building mounted
lighting fixtures. The plan shall also list type, wattage and fixture type. Lighting shall be uniform throughout the
parking area, and shall minimize reflection or glare toward properties and streets outside the site.
PROFFER 10:
All buildings and structures constructed on the Property shall be designed in a manner complementary with the
Princess Anne Commons Design Guidelines.
PROFFER 11:
Upon its recordation, this First Amendment to Proffered Covenants, Restrictions and Conditions shall replace
and supersede the "Proffered Covenants, Restrictions and Conditions" dated September 23, 2008 recorded in
the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number
20090211000133710.
CONDITIONS (Baseball Stadium)
1. With the exception of any modifications required by any of these conditions or as a result of development
site plan review, the stadium and attached office/retail building shall be developed in substantial
conformity with the conceptual renderings of the stadium prepared by Dills Architects, and the
conceptual site layout, labeled 'PROJECT MASTER PLAN' and 'Exhibit A,' prepared by Dills Architects and
VHB, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach
Department of Planning.
2. Parking in Parking Lot C (201 spaces) shall be shared with other venues within Princess Anne Commons for
large events, as coordinated by the "Sportsplex Event Coordination Scheduling Committee" established by
the City of Virginia Beach.
3. All way -finding and site identification signage shall be designed with materials compatible with the
building exteriors on the site and shall adhere to the Princess Anne Commons Design Guidelines. Said
signs shall approved by the Planning Director or his designee.
4. The applicant is responsible for obtaining all environmental permits, including wetland and stormwater
permits, prior to construction.
5. All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or photometric
diagram plan shall be submitted with the development site plan for review by City staff. The lighting plan
shall include the height of poles located in the parking lots along with the location of all pole -mounted
and building mounted lighting fixtures. The plan shall also list type, wattage and fixture type. Lighting shall
be uniform throughout the area, and shall minimize reflection or glare toward properties and streets
outside the site.
Item #6
Virginia Beach Professional Baseball
Page 3
CONDITIONS (Tournament Fields)
6. With the exception of any modifications required by any of these conditions or as a result of development
site plan review, the Tournament Complex shall be developed in substantial conformity with the
conceptual renderings of said complex [as provided in this staff report], prepared by Dills Architects, and
the conceptual site layout, labeled 'PROJECT MASTER PLAN' and 'Exhibit A,' prepared by Dills Architects
and VHB, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia
Beach Department of Planning.
7. The park open space areas shown on the plan referenced in Condition 6 shall be designed in coordination
with the Department of Parks and Recreation / Planning and Design Office to ensure conformance with
Parks and Recreation Design Standards.
8. A tree preservation plan shall be prepared for the park open space area as part of the park design and
approved by City Arborist.
9. Applicant is responsible for obtaining all environmental permits, including wetland and stormwater
permits, prior to construction.
10. All way -finding and site identification signage shall be designed with materials compatible with the
building exteriors on the site and shall adhere to the Princess Anne Commons Design Guidelines. Said
signs shall approved by the Planning Director or his designee.
11. Parking in Parking Lot D (1,195 spaces) shall be shared with other venues within Princess Anne Commons
for large events, as coordinated by the "Sportsplex Event Coordination Scheduling Committee"
established by the City of Virginia Beach.
12. All outdoor lighting shall be shielded to direct light and glare onto the complex grounds. A lighting or
photometric diagram plan shall be submitted with the development site plan for review by City staff. The
lighting plan shall include the height of poles located in the parking lots along with the location of all pole -
mounted and building mounted lighting fixtures. The plan shall also list type, wattage and fixture type.
Lighting shall be uniform throughout the area, and shall minimize reflection or glare toward properties
and streets outside the site.
13. All exterior dumpster areas shall be screened utilizing materials and colors that are compatible with the
primary structures exterior.
AYE 11 NAY 0 ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commission approved Item 6 for consent.
Edward Bourdon appeared before the Commission on behalf of the applicant and Barbara Duke appeared before
the Commission on behalf of the property owner.
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'Zoning with Conditions/Proffers. Open Space Promotion
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: SANDBRIDGE TOWING, INC (Applicant) / EDDIE LEE COOPER & LINDA A.
ACKISS (Owner),
(a) Conditional Change of Zoning, AG -2 Agricultural to Conditional B-2
Community Business.
(b) Conditional Use Permit for Storage Yard.
Site is located at northern terminus of Princess Anne Lane, on west side of
Princess Anne Road (GPIN part of 2403974798). COUNCIL DISTRICT —
PRINCESS ANNE.
MEETING DATE: June 17, 2014
• Background:
The applicant needs to relocate his existing towing service, Sandbridge Towing
Inc., from the southwestern corner of the intersection of Princess Anne Road,
Upton Drive, and Sandbridge Road. The applicant's search for a new site
resulted in the subject property. The property is zoned AG -2 Agriculture, which
does not allow the proposed use. The City Zoning Ordinance places a towing
service within the category of `Bulk Storage.' Bulk Storage is allowed in the B-2
Community Business District, with a Conditional Use Permit. Accordingly, the
applicant is requesting the Conditional Rezoning to B-2 Business and the
Conditional Use Permit for Bulk Storage.
• Considerations:
The nature of the applicant's proposed use generally requires that the business
operates 24 hours a day. The proposed use is strictly a towing service. No
vehicle repairs or services of any kind will be provided to the vehicles while on
the subject site. The applicant has a contract with the Virginia Beach Police
Department for which he stores impounded vehicles for up to 45 days. With the
exception of vehicles covered by this contract, no vehicles are stored on site for
more than 72 hours. At a maximum, the site can store up to 20 vehicles; on
average, there are typically only 5 to 8 vehicles stored at a time.
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.
SANDBRIDGE TOWING
Page 2 of 4
• 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 conditions recommended for the Use Permit,
as listed below.
PROFFERS
PROFFER 1:
When the Property is developed, it shall be developed substantially as shown on the
exhibits entitled "EXHIBIT FOR DAVID COOPER' PLAT OF PROPERTY TO BE
USED FOR RE -ZONING AND CONDITIONAL USE", prepared by Bonifant Land
Surveys, dated 31 January 2014, and "BUILDING RENDERING FOR SANDBRIDGE
TOWING" dated January 31, 2014, which have been exhibited to the Virginia Beach
City Council and are on file with the Virginia Beach Department of Planning
(hereinafter "Site Plan" and "Rendering").
PROFFER 2:
The freestanding monument style sign designated on the Site Plan shall be brick -
based monument style sign no greater than eight feet (8') in height.
PROFFER 3:
All outdoor lighting shall be shielded, deflected, shaded and focused to direct Tight
down onto the premises and away from adjoining property.
PROFFER 4:
Category IV Landscaping, as described in the Landscaping, Screening and Buffering
Specifications and Standards of the City of Virginia Beach, will be installed and
maintained around the storage area as depicted on the Site Plan.
PROFFER 5:
Only the following uses will be permitted in the Property:
a) A Vehicle Towing Business including a Storage Yard for Temporary Placement
of Vehicles; or
b) Business Studios, Office and Clinics.
PROFFER 6:
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.
111
SANDBRIDGE TOWING
Page 3 of 4
CONDITIONS OF USE PERMIT
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 submitted site plan entitled "EXHIBIT
FOR DAVID COOPER' PLAT OF PROPERTY TO BE USED FOR RE-
ZONING AND CONDITIONAL USE", prepared by Bonifant Land Surveys,
dated 31 January 2014, and "BUILDING RENDERING FOR SANDBRIDGE
TOWING" dated January 31, 2014, which have been exhibited to the Virginia
Beach City Council and are on file with the Virginia Beach Department of
Planning.
2. Prior to the submission of a site plan to the Development Services Center, the
applicant shall meet jointly with the Department of Planning / Current
Planning and the Department of Public Works / Traffic Engineering for the
purpose of determining an appropriate ingress / egress point for the site that
meets Public Works Standards. The ingress / egress point so determined
shall be included on the development site plans submitted to the
Development Services Center.
3. The applicant shall obtain the required Encroachment Agreement from
Landscape Management for all proposed landscaping shown in the public
right-of-way. All proposed landscaping shall be reviewed and approved by the
City Landscape Architect in the Development Services Center.
4. Per Section 228(a) of the City Zoning Ordinance, the storage yard shall be
completely enclosed, except for necessary openings for ingress and egress,
by a fence not less than 6 feet in height, and Category VI landscaping; said
fence shall be a maintenance -free privacy style and be 100 percent opaque.
5. Per Section 228(b) of the City Zoning Ordinance, outdoor lighting fixtures
shall not be erected any higher than 14 feet.
6. The proposed 8 -foot high monument -style sign shall have no more than 75
square feet of signage per face.
7. Signage located on the proposed building shall be limited to the north -facing
facade and shall not exceed more than 40 square feet of area. Said signage
shall be centered on the proposed parapet, and the sign shall not be internally
illuminated.
8. All tow trucks shall be parked in the areas called out as "15 x 50 CARPORT"
on the site plan referenced in Condition.
SANDBRIDGE TOWING
Page 4 of 4
9. There shall be no more than 15 vehicles stored on the site, notwithstanding
any impounded vehicles being stored under contract to the Police Department
of the City of Virginia Beach.
• 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: L
I 11
PRINCESS ANNE
Sandbrid re Towin Inc.
CUP for Bulk Storage
Change of Zoning from AG -2 to Conditional 8-2
1
May 14, 2014 Public Hearing
APPLICANT:
SANDBRIDGE
TOWING, INC.
PROPERTY OWNER:
EDDIE LEE COOPER
LINDA A. ACKISS
STAFF PLANNER: Kristine Gay
REQUEST:
(a) Conditional Change of Zoning (AG -2 Agricultural to Conditional B-2 Business)
(b) Conditional Use Permit (Bulk Storage Yard)
ADDRESS / DESCRIPTION: Northern terminus of Princess Anne Lane
(adjacent to the west of Princess Anne Road)
GPIN: ELECTION DISTRICT: SITE SIZE:
2403974798 (part of) PRINCESS ANNE 39,602 square feet
(0.91 acres)
AICUZ:
Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
Background
The applicant is requesting a Conditional Use Permit for Bulk Storage and a Conditional Rezoning from
AG -2 Agriculture to Conditional B-2 to allow development and use of the site as a towing service. The
applicant needs to relocate the existing towing service, Sandbridge Towing Inc., from the southwestern
corner of the intersection of Princess Anne Road, Upton Drive, and Sandbridge Road. The applicant's
search for a new site resulted in the subject property. The property is zoned AG -2 Agriculture, which does
not allow the proposed use. The City Zoning Ordinance places a towing service within the category of
`Bulk Storage.' Bulk Storage is allowed in the B-2 Community Business District, with a Conditional Use
Permit. Accordingly, the applicant is requesting the Conditional Rezoning to B-2 Business and the
Conditional Use Permit for Bulk Storage.
In the zoning location map above, the area shown in solid red depicts the actual location for which the
Conditional Rezoning and Conditional Use Permit are being requested. The site is a 39,602 square foot
portion of the property identified as GPIN 2403-97-4798. The remaining 136,990 square foot portion of
the property identified as GPIN 2403-97-4798 (hatched in red in the zoning location map above) is not
included in this request for a Conditional Rezoning and Conditional Use Permit.
SANDBRIDGE TOWING, INC.
Agenda Item 1
Page 1
The subject site is adjacent to Princess Anne Road to the east and Princess Anne Lane to the west. To
the north, Princess Anne Lane terminates at a cul-de-sac. Agricultural land owned by the applicant
extends approximately 175 feet to the south of the subject site. Adjacent to this agricultural land are two
single-family residences.
Details
The nature of the applicant's proposed use generally requires that the business operates 24 hours a day.
The proposed use is strictly a towing service. No vehicle repairs or services of any kind will be provided to
the vehicles while on the subject site. The applicant has a contract with the Virginia Beach Police
Department for which he stores impounded vehicles for up to 45 days. With the exception of vehicles
covered by this contract, no vehicles are stored on site for more than 72 hours. At a maximum, the site
can store up to 20 vehicles; on average, there are typically only 5 to 8 vehicles stored at a time.
The applicant has submitted a site plan showing a 30' x 50' metal building that will contain the office. The
front facade of the office has a covered porch and a centered front door. Projecting from the western
facade of the office is a 30' x 50' canopy that will cover two ports for cars or trucks. An 8 -foot tall gate and
chain-link fence will surround a 170' x 90' gravel storage lot. The applicant will screen the chain-link fence
by installing an 8 -foot tall maintenance -free privacy fence on the outside of the chain-link fence,
exceeding the Category VI screening required for this use.
As shown on the submitted site plan, the applicant's proposed access to the site is the addition of a
'driveway' at the top of the Princess Anne Lane cul-de-sac onto that connects to an access drive to the
north. That access drive is the existing means of ingress and egress to an established borrow pit located
at 1985 Princess Anne Road. To avoid causing any nuisance to the nearby residents, it is the intent of the
applicant to access the site northward rather than southward on Princess Anne Lane.
4
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Open field, agricultural land
SURROUNDING LAND North:
USE AND ZONING:
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
• Princess Anne Road right-of-way
• Vacant undeveloped land / Conditional B -1A Business
District and Conditional PD -H2 [P-1 Preservation]
• single-family dwellings and agriculture /
AG -2 Agricultural District
• Princess Anne Road
• Single-family dwellings / Conditional PD -H2 [P-1 & R-30]
• Princess Anne Lane
• Agriculture and single-family dwelling / AG -1 and AG -2
Agricultural District
• Borrow Pit / AG -1 and AG -2 Agricultural District
The site is a cultivated agricultural field. There are no known
significant natural or cultural features associated with the subject
property.
COMPREHENSIVE PLAN: The Comprehensive Plan designates the area as the Transition Area.
SANDBRIDGE TOWING, INC.
Agenda Item 1
Page 2
Discretionary development proposals within the Transition Area should continue to adhere to the planning
and design principles cited in the Transition Area Design Guidelines, and conform to the provisions of the
Oceana Land Use Conformity program and AICUZ regulations. It should be demonstrated that the
capacity of roadways and other infrastructure can adequately support the increased demand. The
applicant's proposed site plan and building plan are respectful of the existing area and rural character
along this portion of Princess Anne Road.
4
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess
Anne Road is a two-lane rural highway, with a 100 -foot right-of-way width. The City's MTP map shows
Princess Anne Road as a four -lane parkway with 135 -foot right-of-way width. In the vicinity of this site, CIP
project 2-033.000, Princess Anne Road Phase VII -A, is proposed to address some safety improvements,
the scope of which has not been fully identified.
Princess Anne Lane is a two-lane local street with a variable -width (40 — 50 -feet) right-of-way, and is not
included in the City's MTP.
TRAFFIC:
Street Name
Present
Volume
Present Capacity
Generated Traffic
Princess Anne
Road
13,000 ADT 1
7,400 ADT 1 (Level of
Service "C") to 18,600
ADT 1 (Level of Service
"E")
Existing Land Use `—
10 ADT
Proposed Land Use 3—
Trip generation for a towing
service is not included in the
ITE Trip Generation Manual,
and no data could be found in
other professional references
to produce an estimated
number of expected trips. It
is, however, expected that
the proposed use will result in
a higher ADT than the current
use produces
Princess AnneE")
Lane
No Data
Available
6,200 ADT 1(Level of
Service "C") to 11,100
ADT 1 (Level of Service
'Average Daily Trips
2 as defined by 0.90 acres of agriculturally zoned property
The proposed access to and from the site on the Princess Anne Lane cul-de-sac is acceptable; however,
the additional connection from the cul-de-sac to the driveway access for the adjacent borrow pit site is not
acceptable to Public Works. Access must be directly from a public street or via a shared driveway located
entirely on the adjacent private property. Another option is a closure of the northernmost portion of
Princess Anne Lane, which will require the relocation and construction of the cul-de-sac at the new
northern terminus of the right-of-way. In sum, Public Works / Traffic Engineering will require that the
access point be located such that it has direct access to and from a public street.
WATER: This site must connect to City water. There is an existing ten -inch city water line on Princess
Anne Road.
SEWER: City sanitary sewer is not available. Health Department approval is required for septic systems.
SANDBRIDGE TOWING, INC.
Agenda Item 1
Page 3
EVALUATION AND RECOMMENDATION
Under the provisions of the City Zoning Ordinance, the applicant's business is a Bulk Storage Yard. A
Bulk Storage Yard is defined as "a facility for the storage of raw materials, finished goods or vehicles,
provided they are in good running order. No sale, storage or processing of scrap, salvage, junk, toxic, or
hazardous materials are allowed." Under the current AG -2 Agriculture zoning, a Bulk Storage Yard is not
permitted. Thus, the applicant is requesting a Change of Zoning to Conditional B-2 Community Business.
Under the proposed B-2 zoning, the use of a Bulk Storage Yard is permitted with the City Council
approval of a Conditional Use Permit, which the applicant is also requesting.
While typically the hours of operation and nature of the proposed use are not compatible with the
surrounding land uses or zoning districts, due to the limited scale of the applicant's towing operation, the
proposed layout of the site and design of the building, as well as the proffers of the rezoning, the
applicant's proposed use of the property is compatible with the surrounding area and consistent with
Comprehensive Plan policies for the Transition Area.
The location and design of the primary access point to the site, however, is an issue that requires
additional attention. Access to the site is depicted via a driveway to Princess Anne Lane. In addition, the
site layout indicates a proposed connection from the top of the cul-de-sac, which is a public right-of-way,
into an existing private drive that in turn connects to Princess Anne Road. The driveway to the north
provides ingress and egress to an established borrow pit, located at 1985 Princess Anne Road; however,
the driveway from the cul-de-sac intersects with the driveway for the borrow pit within the right-of-way of
Princess Anne Road. Staff is unaware of the applicant's legal ability to use the private drive of the
adjacent property owner. Public Works / Traffic Engineering staff has stated that access to and from the
applicant's site must be directly from a public street or from a shared driveway located on private
property. The current configuration is not satisfactory. A condition is recommended below that all ingress
and egress must be in conformance with Public Works Standards. This will be reviewed during final site
plan review.
On January 2, 2014, the applicant briefed the Transition Area / ITA Citizen Advisory Committee (TA / ITA
CAC) with regard to the development proposal. The CAC was in support of the proposal; however that
support is contingent on the following, which were included in the presentation: (1) the design of the
building 'blends' with the design of the adjacent farm buildings, (2) the tow trucks will be parked under the
two car / truck ports on the west side of the building, and (3) no more than 15 vehicles would be stored on
the site at one time. The CAC also had recommendations pertaining to signage, vehicular access,
general operation, landscaping, and screening, and staff has recommended conditions as part of the Use
Permit to ensure the development satisfies these recommendations.
For the reasons above as well as the proposal's general consistency with the Comprehensive Plan, staff
recommends approval of the Change of Zoning as proffered (proffers provided below) and the Conditional
Use Permit for Bulk Storage with the conditions recommended 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
SANDBRIDGE TOWING,'INC..
Agenda Item 1
Page 4
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 exhibits entitled
"EXHIBIT FOR DAVID COOPER' PLAT OF PROPERTY TO BE USED FOR RE -ZONING AND
CONDITIONAL USE", prepared by Bonifant Land Surveys, dated 31 January 2014, and "BUILDING
RENDERING FOR SANDBRIDGE TOWING" dated January 31, 2014, which have been exhibited to
the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning
(hereinafter "Site Plan" and "Rendering").
PROFFER 2:
The freestanding monument style sign designated on the Site Plan shall be brick -based monument
style sign no greater than eight feet (8') in height.
PROFFER 3:
All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the
premises and away from adjoining property.
PROFFER 4:
Category IV Landscaping, as described in the Landscaping, Screening and Buffering Specifications
and Standards of the City of Virginia Beach, will be installed and maintained around the storage area
as depicted on the Site Plan.
Staff Comment: The applicant has proffered Category IV landscaping in conjunction with their request
for a Conditional Rezoning to assist in appropriately separating and screening the potential proffered
uses mentioned in Proffer 5 from surrounding uses and the public right-of-way. Category IV
landscaping consists of evergreen trees branching to the ground or a combination of trees and shrubs.
The intent of this category is to provide landscaping with sufficient density, mass, and height to
physically and visually separate uses.
Specific to the request for a Conditional Use Permit for Bulk Storage, however, Section 228 of the City
Zoning Ordinance requires the installation of Category VI landscaping around a bulk storage lot.
Category VI landscaping consists of a fence, decorative wall, or structural enclosure bordered by plants
with a minimum height at planting of two to three feet and reaching a height of eight to ten feet at
maturity. The intent of this category is to provide dense landscaping to visually and physically separate
uses. Condition 4 of the Use Permit requires Category VI; therefore, while the applicant is proffering
Category IV, Category VI will be required. This is not a conflict, as elements of the proffered Category
IV landscaping may contribute to meeting the Category VI landscaping requirements The specifics of
the screening will be determined during site plan review.
PROFFER 5:
Only the following uses will be permitted in the Property:
a) A Vehicle Towing Business including a Storage Yard for Temporary Placement of Vehicles; or
b) Business Studios, Office and Clinics.
Staff Comment: Staff finds the additional proffered uses of Business Studios, Office, and Clinics, to be
less intensive than the requested conditional use of a Bulk Storage Yard; and therefore also
appropriate for the subject site.
SANDBRIDGE TOWING, INC.
Agenda Item 1
Pane 5
PROFFER 6:
Further conditions may be required by the Grantee during detailed Site Plan review and administration
of applicable City codes by all cognizant City agencies and departments to meet all applicable City
code requirements.
The City Attorney's Office has reviewed the proffer agreement dated February 3, 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
development site plan review, the site shall be developed substantially in conformance with the
submitted site plan entitled "EXHIBIT FOR DAVID COOPER' PLAT OF PROPERTY TO BE
USED FOR RE -ZONING AND CONDITIONAL USE", prepared by Bonifant Land Surveys, dated
31 January 2014, and "BUILDING RENDERING FOR SANDBRIDGE TOWING" dated January
31, 2014, which have been exhibited to the Virginia Beach City Council and are on file with the
Virginia Beach Department of Planning.
2. Prior to the submission of a site plan to the Development Services Center, the applicant shall
meet jointly with the Department of Planning / Current Planning and the Department of Public
Works / Traffic Engineering for the purpose of determining an appropriate ingress / egress point
for the site that meets Public Works Standards. The ingress / egress point so determined shall be
included on the development site plans submitted to the Development Services Center.
3. The applicant shall obtain the required Encroachment Agreement from Landscape Management
for all proposed landscaping shown in the public right-of-way. All proposed landscaping shall be
reviewed and approved by the City Landscape Architect in the Development Services Center.
4. Per Section 228(a) of the City Zoning Ordinance, the storage yard shall be completely enclosed,
except for necessary openings for ingress and egress, by a fence not less than 6 feet in height,
and Category VI landscaping; said fence shall be a maintenance -free privacy style and be 100
percent opaque.
5. Per Section 228(b) of the City Zoning Ordinance, outdoor lighting fixtures shall not be erected any
higher than 14 feet.
6. The proposed 8 -foot high monument -style sign shall have no more than 75 square feet of
signage per face.
7. Signage located on the proposed building shall be limited to the north -facing facade and shall not
exceed more than 40 square feet of area. Said signage shall be centered on the proposed
parapet, and the sign shall not be internally illuminated.
8. All tow trucks shall be parked in the areas called out as "15 x 50 CARPORT" on the site plan
referenced in Condition 1.
9. There shall be no more than 15 vehicles stored on the site, notwithstanding any impounded
vehicles being stored under contract to the Police Department of the City of Virginia Beach.
SANDBRIDGE TOWING, NC,
Agenda Item 1
Page 6
111
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site plan submitted with this application may require revision
during detailed site plan review to meet all applicable City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of Planning /
Development Services Center and Department of Planning / Permits and Inspections Division, and
the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use
Permit or Change of Zoning are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through Environmental
Design (CPTED) concepts and strategies as they pertain to this site.
SANDBRIDGE TOWING, INC.
Agenda Item 1
Page 7
AERIAL OF SITE LOCATION
SANDBRIDGE TOWING, INC.
Agenda Item 1
Page 8
Existing Zoning AG -2
Conditional Zoning 8-2
35' setback from all roadways for building
15 side setback
AICUZ <65db1
a
Fallonb. e.
9.0
30 F•r.23 60. FT.
0.91 AMES
" EXHIBIT FOR DAVID COOPER "
PLAT OF PROPERTY TO BE USED FOR
RE -ZONING AND CONDITIONAL USE
Parcel 006 Mary E. Cooper
near Pungo
MB. 212 Pg. 100
Vngima Beach. Va. 31 January 2014
1.9o, 9195
.:%a. 9.ch. v. INN
mr
Roo11 W. Mae, Sr Fundy Trust
558 715 P 25
2603.965522
160'
PROPOSED SITE PLAN
(Proffer and Condition #1)
BFeJ`'�l
1..
SANDBRIDGE rtpWING, INC. -
Agenda Item 1
Page 9
R = 460.00'
LF 129.23'
= 16'06'26"
ENLARGEMENT OF PROPOSED SITE PLAN
(Proffer and Condition #1)
r -4,,x11 A • A r +�
SANDBRIDGE TOWING, INC.
Agenda Item 1
Page 10
L.
SITE RENDERING
(Proffer and Condition #1)
SANDBRIDGE TOWING, INC.
Agenda Item 1
Page 11
I
BUILDING RENDERING FOR SANDBRIDGE TOWING
January 31, 2014
SITE RENDERING
(Proffer and Condition #1)
SANDBRIDGE TOWING, INC.
Agenda Item 1
Page 12
PRINCESS ANNE
Sandbridge Towing, Inc.
AG1
• Zoning with Conditions/Proffers. Open Space Promotion
CUP for Bulk Storage
Change of Zoning from AG -2 to Conditional 8-2
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
02/14/2012
Modification of Proffers
Approved
05/10/2005
Conditional Rezoning (Conditional PD -H2 Planned
Approved
Unit Development District [R-30 Residential District
and P-1 Preservation District] to Conditional PD -H2
Planned Unit Development District [R-30 Residential
District and P-1 Preservation District])
02/24/2004
Conditional Rezoning (AG -1 & AG -2 Agricultural to
Approved
Conditional PD -H2 Planned Unit Development
District [R-30 Residential District and P-1
Preservation District])
12/10/1991
Conditional Use Permit (Borrow Pit)
Approved
08/27/1986
Rezoning (R-3 Residential to AG -1 & AG -2
Approved
Agricultural)
02/12/1973
Conditional Use Permit (Rifle Range)
Approved
_
2
05/22/2012
Modification of Conditions
Approved
SANDBRIDGE TOWING, INC.
Agenda Item 1
Page 13
2
06/24/2008
Modification of Proffers
Approved
06/13/2006
Conditional Change of Zoning from AG -1 & AG -2
to Conditional R -5S (PD -H2), R7.5 (PD -H2), A-12
Approved
(PD -H2), and B -1A
3
09/27/2005
Conditional Use Permit (Borrow Pit)
Approved
SANDBRIDGE TOWING,INC.
Agenda Item 1
Page 14
111
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)
Sandbridge Towing, Inc: Tiffany B. Cooper, President; David S. Cooper, Vice President/Secretary
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)
Eddie Lee Cooper & Linda A. Ackiss
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Inl Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& 2 See next page for footnotes
Does an official or em loyee of theem�City of Virginia
subject land? Yes No IXJ
If yes, what is the name of the official or employee
Beach have an
and the nature
interest in the
4
1
1
of their interest?
i
DISCLOSURE STATEMENT
SANDBRIDGE TOWING,`INC,
Agenda Item 1
Page 15
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.
Bonifant Land Surveys
1 "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Plann'h and view the site for purposes of processing and evaluating this application.
David S. Cooper, VP/Sec
Tiffany B. Cooper, Pres
Applic�ht's Sig a ure
Print Name
Property Owner's Signature (if different than applicant) Print Name
DISCLOSURE STATEMENT
SANDBRIDGE TpWING, ;INC,
Agenda Item 1
Page 16
Item #1
Sandbridge Towing, Inc.
Conditional Change of Zoning
Conditional Use Permit
Northern terminus of Princess Anne Lane, west side of Princess Anne Road
District 7
Princess Anne
May 14, 2014
CONSENT
An application of Sandbridge Towing, Inc. for (1) Conditional Change of Zoning (AG -2 Agricultural to Conditional B-2
Business) and an application of Sandbridge Towing, Inc. for a (2 ) Conditional Use Permit (Bulk Storage Yard) on
property located on the Northern terminus of Princess Anne Lane (adjacent to the west of Princess Anne Road),
District 7, Princess Anne. GPIN: 2403974798 (part of)
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 exhibits entitled "EXHIBIT
FOR DAVID COOPER' PLAT OF PROPERTY TO BE USED FOR RE -ZONING AND CONDITIONAL USE", prepared by
Bonifant Land Surveys, dated 31 January 2014, and "BUILDING RENDERING FOR SANDBRIDGE TOWING" dated
January 31, 2014, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia
Beach Department of Planning (hereinafter "Site Plan" and "Rendering").
PROFFER 2:
The freestanding monument style sign designated on the Site Plan shall be brick -based monument style sign no
greater than eight feet (8') in height.
PROFFER 3:
All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and
away from adjoining property.
PROFFER 4:
Category IV Landscaping, as described in the Landscaping, Screening and Buffering Specifications and Standards
of the City of Virginia Beach, will be installed and maintained around the storage area as depicted on the Site
Plan.
Staff Comment: The applicant has proffered Category IV landscaping in conjunction with their request for a
Conditional Rezoning to assist in appropriately separating and screening the potential proffered uses mentioned in
Proffer 5 from surrounding uses and the public right-of-way. Category IV landscaping consists of evergreen trees
branching to the ground or a combination of trees and shrubs. The intent of this category is to provide
landscaping with sufficient density, mass, and height to physically and visually separate uses.
Specific to the request for a Conditional Use Permit for Bulk Storage, however, Section 228 of the City Zoning
Ordinance requires the installation of Category VI landscaping around a bulk storage lot. Category VI landscaping
Item #1
Sandbridge Towing, Inc.
Page 2
consists of a fence, decorative wall, or structural enclosure bordered by plants with a minimum height at planting
of two to three feet and reaching a height of eight to ten feet at maturity. The intent of this category is to provide
dense landscaping to visually and physically separate uses. Condition 4 of the Use Permit requires Category VI;
therefore, while the applicant is proffering Category IV, Category VI will be required. This is not a conflict, as
elements of the proffered Category IV landscaping may contribute to meeting the Category VI landscaping
requirements The specifics of the screening will be determined during site plan review.
PROFFER 5:
Only the following uses will be permitted in the Property:
a) A Vehicle Towing Business including a Storage Yard for Temporary Placement of Vehicles; or
b) Business Studios, Office and Clinics.
Staff Comment: Staff finds the additional proffered uses of Business Studios, Office, and Clinics, to be less intensive
than the requested conditional use of a Bulk Storage Yard; and therefore also appropriate for the subject site.
PROFFER 6:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City codes by all cognizant City agencies and departments to meet all applicable City code
requirements.
The City Attorney's Office has reviewed the proffer agreement dated February 3, 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 development site
plan review, the site shall be developed substantially in conformance with the submitted site plan entitled
"EXHIBIT FOR DAVID COOPER' PLAT OF PROPERTY TO BE USED FOR RE -ZONING AND CONDITIONAL USE",
prepared by Bonifant Land Surveys, dated 31 January 2014, and "BUILDING RENDERING FOR SANDBRIDGE
TOWING" dated January 31, 2014, which have been exhibited to the Virginia Beach City Council and are on file
with the Virginia Beach Department of Planning.
2. Prior to the submission of a site plan to the Development Services Center, the applicant shall meet jointly with
the Department of Planning / Current Planning and the Department of Public Works / Traffic Engineering for
the purpose of determining an appropriate ingress / egress point for the site that meets Public Works
Standards. The ingress / egress point so determined shall be included on the development site plans
submitted to the Development Services Center.
3. The applicant shall obtain the required Encroachment Agreement from Landscape Management for all
proposed landscaping shown in the public right-of-way. All proposed landscaping shall be reviewed and
approved by the City Landscape Architect in the Development Services Center.
4. Per Section 228(a) of the City Zoning Ordinance, the storage yard shall be completely enclosed, except for
necessary openings for ingress and egress, by a fence not less than 6 feet in height, and Category VI
landscaping; said fence shall be a maintenance -free privacy style and be 100 percent opaque.
5. Per Section 228(b) of the City Zoning Ordinance, outdoor lighting fixtures shall not be erected any higher than
14 feet.
6. The proposed 8 -foot high monument -style sign shall have no more than 75 square feet of signage per face.
I
Item #1
Sandbridge Towing, Inc.
Page 3
7. Signage located on the proposed building shall be limited to the north -facing fagade and shall not exceed
more than 40 square feet of area. Said signage shall be centered on the proposed parapet, and the sign shall
not be internally illuminated.
8. All tow trucks shall be parked in the areas called out as "15 x 50 CARPORT" on the site plan referenced in
Condition 1.
9. There shall be no more than 15 vehicles stored on the site, notwithstanding any impounded vehicles being
stored under contract to the Police Department of the City of Virginia Beach.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 1.
AYE 11 NAY 0 ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commission approved item 1 for consent.
Eddie Bourdon appeared before the Commission on behalf of the applicant.
In Reply Refer To Our File No. DF -8915
TO: Mark D. Stiles
FROM: B. Kay Wilso
RE:
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: June 5, 2014
DEPT: City Attorney
DEPT: City Attorney
Conditional Zoning Application; Sandbridge Towing, Inc.
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on June 17, 2014. I have reviewed the subject proffer agreement, dated
February 3, 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
SANDBRIDGE TOWING, INC., a Virginia corporation
EDDIE LEE COOPER and LINDA C. ACKISS, a/k/a LINDA A. ACKISS
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 3rd day of February, 2014, by and between
SANDBRIDGE TOWING, INC., a Virginia corporation, Grantor, party of the first part;
EDDIE LEE COOPER and LINDA A. ACKISS, Grantors, parties of the second part; and THE
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee, party of the third part.
WITNESSETH:
WHEREAS, the parties of the second part are the owners of a certain piece or parcel
of property located in the Princess Anne District of the City of Virginia Beach, Virginia,
containing approximately 0.91 acres as more particularly described in Exhibit "A" attached
hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the party of the first part, being the 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 Classification of
the Property from AG -2 Agricultural District to Conditional B-2 Community Business
District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
GPIN: 2403-97-4798 (part of)
Prepared By: R. Edward Bourdon, Jr., Esquire
Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
VSB #22160
1
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to recognize
the effects of change that will be created by the Grantors' proposed rezoning, certain
reasonable conditions governing the use of the Property for the protection of the community
that are not generally applicable to land similarly zoned are needed to resolve the situation
to which the 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 with respect to the Property, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted as a part of said
amendment to the Zoning Map relative and applicable to the Property, which has a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, their successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any element
of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby 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, personal representatives,
assigns, grantees, and other successors in interest or title:
1. When the Property is developed, it shall be developed substantially as shown
on the exhibits entitled "`EXHIBIT FOR DAVID COOPER' PLAT OF PROPERTY TO BE
USED FOR RE -ZONING AND CONDITIONAL USE", prepared by Bonifant Land Surveys,
dated 31 January 2014, and "BUILDING RENDERING FOR SANDBRIDGE TOWING",
dated January 31, 2014, which have been exhibited to the Virginia Beach City Council and
are on file with the Virginia Beach Department of Planning (hereinafter "Site Plan" and
"Rendering").
2. The freestanding monument style sign designated on the Site Plan shall be
brick based monument style sign no greater than eight feet (8') in height.
2
3.
All outdoor lighting shall be shielded, deflected, shaded and focused to direct
light down onto the premises and away from adjoining property.
4. Category IV Landscaping, as described in the Landscaping, Screening and
Buffering Specifications and Standards of the City of Virginia Beach, will be installed and
maintained around the storage area as depicted on the Site Plan.
5. Only the following uses will be permitted on the Property:
a) A Vehicle Towing Business including a Storage Yard for Temporary
Placement of Vehicles; or
b) Business Studios, Office and Clinics.
6. 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 B-2 District 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
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:
3
(i) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the 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.
4
WITNESS the following signatures and seals:
Grantors:
Sandbridge Towing, Inc.,
a Virginia corporation
(SEAL)
Davi
per , Vice President
Tiffan B. Cooper , President
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 3rd day of February,
2014, by David S. Cooper and Tiffany B. Cooper, _ahh x& t Vice President
and President respectively for Sandbridge Towing, Inc., a
Virginia corporation, Grantor.
My Commission Expires: August 31, 2014
Notary Registration Number: 192628
5
1\(-01 egl
Notary Public
WITNESS the following signature and seal:
Grantor:
er (SEAL)
Eddie Lee Cooper
STATE OF NORTH �OLINA
CITY/COUNTY OF tA..O t'r' , to -wit:
The foregoing instrument was acknowledged before me this
o e, i , by Eddie Lee Cooper, Grantor.
ae:ACIL al-kA<4
Notary Pub is
My Commission Expires: �1 ` `
Notary Registration Number: 010 1 301)15 l
6
day of
Rehm A. Rena
WARY PUBUC
Wake Canty, NC
tAitoiemiesion Elpires Sept. 1, 2016
WITNESS the following signature and seal:
Grantor:
mAtie 4
Linda C. Ackiss a/k/a Linda A. Ackiss
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
The foregoing instrument was acknowledged before me this 27th day of February,
2014, by Linda C. Ackiss a/k/a Linda A. Ackiss, Grantor.
-/17'YA /110/611We-e9
Notary Public
My Commission Expires: August 31, 2014
Notary Registration Number: 192628
7
EXHIBIT "A"
All that certain piece or parcel of land lying, situate and being in the Princess Anne District
of the City of Virginia Beach, Virginia containing 0.91 ACRES on the east side of Princess
Anne Lane (formerly Princess Anne Road) at its northern terminus, which parcel is
described as Beginning at a pin at the northwest corner of a 4.055 acre tract of land located
on the west side of the relocated Princess Anne Road as depicted and described on that "Plat
Showing Property to be Acquired For Rural Road Improvements — Princess Anne Road At
Flanagan's Lane By The City of Virginia Beach From Parcel oo6 Mary E. Cooper", dated
February 21, 1990 and recorded in the Office of the Clerk of the Circuit Court of the City of
Virginia Beach, Virginia, in Deed Book 3020, at Page 976; and from said Point of Beginning
running South 61° 31' 20" East, 122.58 feet to a pin; thence running along the western right
of way line of Princess Anne Road South 14° 55' 45" East, 184.93 feet to a pin; thence
continuing along the western right of way line of Princess Anne Road along the arc of a
curve with a radius of 1113.87 feet a distance of 2.62 feet to a pin; thence turning and
running South 75° 04' 15" West, 94.66 feet to a point; thence North 61° 31' 20" West, 182.69
feet to a point on the eastern right of way line of Princess Anne Lane; thence along the
eastern right of way line of Princess Anne Lane North 28° 28' 40" East, 201.30 feet to a pin
at the Point of Beginning.
GPIN: 2403-97-4798 (part of)
H:\AM\Conditional Rezoning\Sandbridge Towing\Proffer Agreement.doc
8
ITEM: NEW CINGULAR WIRELESS PCS, LLC (Applicant) / CYPRESS POINT
ENTERPRISES, INC. (Owner).
(a) Conditional Change of Zoning (Conditional PD -H2 Planned
Development [P-1 Preservation] to Conditional P-1 Preservation
District)
(b) Conditional Use Permit (Communication Tower).
5340 Club Head Road (GPIN 1468684239). COUNCIL DISTRICT — BAYSIDE.
MEETING DATE: June 17, 2014
• Background:
The applicant is requesting a Change of Zoning from PD -H2 Planned Unit
Development [P-1 Preservation District] to Conditional P-1 Preservation District
on a 60 -foot by 60 -foot, 3,600 square foot, portion of the Cypress Point Golf
Course in order to construct a cellular communication tower. The current PD -H2
Planned Unit Development District does not permit communication towers;
however, the P-1 Preservation District allows communication towers as a
conditional use. The applicant, therefore, is requesting this Change of Zoning to
allow for the construction of the proposed tower.
On April 22, the City Council deferred this application to the June 17 meeting at
the request of the applicant.
• Considerations:
The applicant has a `service gap' in their wireless communication coverage within
the area between Northampton Boulevard to the north, Wesleyan Drive and
Haygood Road to the south, Independence Boulevard to the east, and Diamond
Springs Road to the west. The applicant's engineers have determined that a
communications tower located within the Cypress Point Golf Course will provide
the necessary wireless communication coverage for the subject area.
The proposed tower will be 140 feet in height and be a "monopine" design. A
monopine tower is designed to look like a pine tree. The tower will be capable of
accommodating four carriers. The tower will be located within a 60 -foot by 60 -foot
compound area that will also enclose an equipment shelter and an external
I
NEW CINGULAR WIRELESS
Page 2 of 3
generator. The compound area will be enclosed by an eight -foot high solid wood
board -on -board fence. Landscaping, as required by the Zoning Ordinance, will be
installed outside the fence.
Specific details pertaining to proposal as well as Staff's evaluation of the
requests are provided in the attached staff report.
There was opposition to the request.
• Recommendations:
The Planning Commission, passing a motion by a recorded vote of 11-0,
recommended approval of these requests to the City Council with the following
conditions and proffers:
PROFFER 1:
The Lease Parcel and Easement Area shall be developed substantially as shown on
the exhibit entitled "NF315E 5340 Club Head Road, Virginia Beach, VA 23455,
Installation and Operation of Antennas and Associated Equipment On a New 140'
Monopine Inside A New Fenced Compound", prepared by Warren Williams &
Associates, which has been exhibited to the Virginia Beach City Council ("City
Council") and is on file with the Virginia Beach Department of Planning ("Planning
Department").
PROFFER 2:
Other than as described herein or as authorized by the PD -H2 Land Use Plan, as may
be modified or amended from time to time, no other P-1 uses shall be permitted on
the Lease Parcel or the Easement Area.
PROFFER 3:
The Effective Date of this Declaration shall be the date this Declaration is approved by
City Council.
CONDITIONS OF USE PERMIT:
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 submitted site plan
entitled "NF315E 5340 Club Head Road, Virginia Beach, VA 23455,
Installation and Operation of Antennas and Associated Equipment On a
New 140' Monopine Inside A New Fenced Compound", prepared by
Warren Williams & Associates, dated July 12, 2013 and last revised on
March 8, 2014, which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning.
NEW CINGULAR WIRELESS
Page3of3
2. The compound fencing shall adhere to the City's Landscaping, Screening
and Buffering Specifications and Standards.
• Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Conditional Zoning Agreement
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department
S
City Manage
BAYS' DE
'l IaP
New Cingular Wireless, PCS, L.L.C.
• low*, Ma [endgame e... saw Rm.nb. Change of Zoning from P-1 to Conditional P4
Any o mew" WoeeaMere Me61040. Men (suck as
CUP for a Communications Tower
8
March 12, 2014 Public Hearing
APPLICANT:
NEW CINGULAR
WIRELESS PCS,
L.L.C.
PROPERTY OWNER:
CYPRESS POINT
ENTERPRISES,
INC.
STAFF PLANNER: Ray Odom
REQUEST:
A. Conditional Change of Zoning (from PD -H2 Planned Development [P-1 Preservation] to Conditional P-
1 Preservation)
B. Conditional Use Permit (Communications Tower)
ADDRESS / DESCRIPTION: 5340 Club Head Road
GPIN:
14686842390000
ELECTION DISTRICT: SITE SIZE: AICUZ:
BAYSIDE 22,000 square feet Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
•
Background:
The applicant is a wireless communications provider, and has determined that there is a service gap in
their coverage within the area between Northampton Boulevard to the north, Wesleyan Drive and
Haygood Road to the south, Independence Boulevard to the east and Diamond Springs Road to the west,
which includes the Cypress Point Golf Course and the surrounding residential and commercial areas. The
applicant's engineers have determined that a communications tower of a specified height located within
the Cypress Point Golf Course will provide the necessary coverage for the subject area.
Details — Change of Zoning
The applicant is requesting a change in zoning from PD -H2 Planned Unit Development [P-1 Preservation
District] to Conditional P-1 Preservation District on a 60 -foot by 60 -foot, 3,600 square foot, portion of the
Cypress Point Golf Course in order to construct a cellular communication tower. The current PD -H2
Planned Unit Development District does not permit communication towers; however, the P-1 Preservation
District allows communication towers as a conditional use. The applicant, therefore, is requesting this
Change of Zoning to allow for the construction of the proposed tower.
NEW CINGULAR / CYPRESS POINT
Agenda Item 8
Page 1
Details — Conditional Use Permit (Communications Tower)
The applicant is requesting a Conditional Use Permit to construct a 140 -foot communications tower within
the Cypress Point Golf Course. The applicant's representative presented the proposal to a meeting of the
Cypress Point Civic Association in October, 2013. At that meeting, the residents suggested that the tower
be placed at the current proposed location (end of the driving range) and be a "monopine" design. In
January, 2014, the applicant's representative met with the Cypress Point Civic Association Board of
Directors regarding the tower location and design, and in February, 2014, again met with the Cypress
Point Civic Association regarding the tower design and location.
As a result of that input, the tower will be a 'monopine' design. A monopine tower is designed to look like
a pine tree. The monopole will be coated with a brown artificial bark material. The tower has been
designed to accommodate four carriers.
The compound area will contain the proposed tower, an equipment shelter, and an external generator.
Additional lease areas for future carriers are also provided within the area. The compound area will be
enclosed by an eight -foot high solid wood board -on -board fence. Landscaping, as required by the Zoning
Ordinance, will be installed.
The area will be accessed via a 20 -foot wide access and utility easement, which will be placed over an
existing asphalt cart path. The path will be widened to 10 feet.
A Structural Report has been submitted, indicating that the tower will be designed to accommodate four
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 plan submittal.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Golf course
SURROUNDING LAND North: • Golf course / PD -H2 Planned Development District [P-1
USE AND ZONING: Preservation District]
South: • Golf course / PD -H2 Planned Development District [P-1
Preservation District]
East: • Golf course / PD -H2 Planned Development District [P-1
Preservation District]
West: • Golf course / PD -H2 Planned Development District [P-1
Preservation District]
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
NEW CINGULAR / CYPRESS POINT
Agenda Item 8
Page2
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 addition, the Comprehensive Plan seeks to ensure that the City's information and communication
infrastructure is tightly connected with the world and is of the highest efficiency and quality.
The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines for
Suburban Areas in the Comprehensive Plan's Reference Handbook and address both site and building
design. These design principles are tailored for this area and should be implemented, as appropriate, to
improve the quality of our physical environment. The guidelines applicable to this request are as follows:
• Plans for commercial uses that adjoin areas planned for residential use should employ effective
landscape design techniques, including the placement of appropriate plant materials to buffer or
screen such uses.
• Scale is vital to achieving compatibility. The mass, or overall size, and height of the structure
should be appropriate to the surroundings.
The conditional rezoning and use permit for a "monopine" pine tree designed communications tower,
together with related improvements on the Cypress Point Golf Course is generally consistent with the
Comprehensive Plan's land use policies for the Suburban Area and the Special Area Development
Guidelines for the Suburban area. The tower offers enhanced communication services and is designed to
be compatible with its surroundings.
4
EVALUATION AND RECOMMENDATION
The applicant is requesting a Change of Zoning and a Conditional Use Permit to construct a cellular
communications tower, due to a gap in service coverage within this area. The applicant has worked with
the surrounding community to find a location and tower design that will be compatible with the residential
uses within the area. In this case, the tower has been located in the center of a golf course and is
approximately 470 feet from the nearest residential structure. The tower is proposed to be of a
"monopine" design, resembling a pine tree. The monopine is being located within a stand of existing pine
and deciduous trees to blend into the area. The tower can accommodate up to four carriers, which will
provide the opportunity for additional carriers to enhance their coverage within the area without
constructing additional towers.
This request is in keeping with the Comprehensive Plan's goals for providing efficient and high quality
communication infrastructure and with regard to being designed to be compatible with the surrounding
residential uses.
Staff recommends approval of this request with the submitted proffers, provided below, and with the
conditions 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
NEW CINGULAR / CYPRESS POINT
Agenda Item 8
Paque 3
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 Lease Parcel and Easement Area shall be developed substantially as shown on the exhibit entitled
"NF315E 5340 Club Head Road, Virginia Beach, VA 23455, Installation and Operation of Antennas and
Associated Equipment On a New 140' Monopine Inside A New Fenced Compound", prepared by
Warren Williams & Associates, which has been exhibited to the Virginia Beach City Council ("City
Council") and is on file with the Virginia Beach Department of Planning ("Planning Department").
PROFFER 2:
Other than as described herein or as authorized by the PD -H2 Land Use Plan, as may be modified or
amended from time to time, no other P-1 uses shall be permitted on the Lease Parcel or the Easement
Area.
PROFFER 3:
The Effective Date of this Declaration shall be the date this Declaration is approved by City Council.
STAFF COMMENTS: Staff finds the proffers listed above acceptable, as they ensure the level of
quality of the project, ensure the compatibility with the surrounding residential development and that the
facility will be constructed as indicated on the proffered plans.
The City Attorney's Office has reviewed the proffer agreement and found it to be legally sufficient and in
acceptable legal form.
• 0
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
submitted site plan entitled "NF315E 5340 Club Head Road, Virginia Beach, VA 23455,
Installation and Operation of Antennas and Associated Equipment On a New 140' Monopine
Inside A New Fenced Compound", prepared by Warren Williams & Associates, dated July 12,
2013 and last revised on March 8, 2014, which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning.
2. The compound fencing shall adhere to the City's Landscaping, Screening and Buffering
Specifications and Standards.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site plan submitted with this application may require revision
during detailed site plan review to meet all applicable City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of Planning /
Development Services Center and Department of Planning / Permits and Inspections Division, and
the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use
Permit or Change of Zoning are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through Environmental
Design (CPTED) concepts and strategies as they pertain to this site.
NEW CINGULAR / CYPRESS POINT
Agenda Item 8
Page 4
AERIAL OF SITE LOCATION
NEW CINGULAR / CYPRESS POINT
Agenda Item 8
Page 5
Foursome Lane
0
SURVEY AND SITE PLAN
SITE PLAN
SHOWING PROPOSED ACCESS
NEW CINGULAR / CYPRESS POINT
Agenda Item 8
Page 6
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NEW CINGULAR / CY11RESS POINT
Agenda Item 8
Page 7
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NEW CINGULAR / CYPRESS POINT
Agenda Item 8
Page 8
SIMULATED VIEW — 10TH FAIRWAY
NEW CINGULAR / CYPRESS POINT
Agenda Item 8
Page 9
SIMULATED VIEW — 18TH TEE
NEW CINGULAR / CYPRESS POINT
Agenda Item 8
Page 10
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Agenda Item 8
Page 11
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NEW CINGULAR / CYPRESS POINT
Agenda Item 8
Page 12
BAYS IDE
New Cingular Wireless, PCS, L.L.C.
rAl2*
• Zoning with Conditions,Proffera, Open Space Promotion change of Zoning from P-1 to Conditional P-1
My zoning district identified with asterisks before and after (such as CUP for a Communications Tower
' P-1 ') indicates the primary zoning of the site is PD -H2.
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
02/04/1985
Change of Zoning (R-5 to R-8)
Approved
1
02/04/1985
Change of Zoning (R-5 to R-8)
Approved
1
02/04/1985
Change of Zoning (R-8 and P-1 to PD -H2)
Approved
NEW CINGULAR / CYPRESS POINT
Agenda Item 8
Page 13
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)
New Cingular Wireless PCS, LLC
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
AT&T Mobility, LLC
nCheck 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)
Cypress Point Enterprises, Inc., Mervin R. Troyer, President, Nina Troyer
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
1 & 2 See next page for footnotes
Does an official or em loyee of the City of Virginia Beach have an interest in the em�
subject land? Yes No V`i
If yes, what is the name of the official or employee and the nature of their interest?
4
DISCLOSURE STATEMENT
NEW CINGULAR / CYPRESS POINT
Agenda Item 8
Page 14
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)
LeClair Ryan, Sitesafe, Inc., Velocitel, Inc., Fidelity National Title,
Warren Williams & Associates
' "Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: 1 certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
ture
gnature (if different than applicant)
Print Name
/v
Print Name
DISCLOSURE STATEMENT
NEW CINGULAR / CYPRESS POINT
Agenda Item 8
Page 15
Sole Officer of New Cingular Wireless PCS, LLC
Stanley T. Sigman - Chief Executive Officer & President
Officers & Directors of AT&T, Inc.
Gilbert Amelio Ph.D. - Director
Reuben Anderson J.D. - Director
James 13lanchard -- Director
Jon Madonna - Director
I.) nn Martin - Director
John McCoy -- Director
Randall Stephenson - Chairman, Chief Executive Officer, President & Chairman of the
Executive Committee
DISCLOSURE STATEMENT
NEW CINGULAR / CYPRESS POINT.
Agenda Item 8
Page 16
Item #8
New Cingular Wireless PCS, L.L.C.
Conditional Change of Zoning
Conditional Use Permit
5340 Club Head Road
District 4
Bayside
March 12, 2014
REGULAR
An application of New Cingular Wireless PCS, L.L.C. for a (A) Conditional Change of Zoning (from
PD -H2 Planned Development [P-1 Preservation] to Conditional P-1 Preservation); and (B)
Conditional Use Permit (Communications Tower) on property located at 5340 Club Head Road,
District 4, Bayside. GPIN: 14686842390000.
PROFFERS
PROFFER 1:
The Lease Parcel and Easement Area shall be developed substantially as shown on the exhibit
entitled "NF315E 5340 Club Head Road, Virginia Beach, VA 23455, Installation and Operation of
Antennas and Associated Equipment On a New 140' Monopine Inside A New Fenced
Compound", prepared by Warren Williams & Associates, which has been exhibited to the
Virginia Beach City Council ("City Council") and is on file with the Virginia Beach Department of
Planning ("Planning Department").
PROFFER 2:
Other than as described herein or as authorized by the PD -H2 Land Use Plan, as may be
modified or amended from time to time, no other P-1 uses shall be permitted on the Lease
Parcel or the Easement Area.
PROFFER 3:
The Effective Date of this Declaration shall be the date this Declaration is approved by City
Council.
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 submitted site plan entitled "NF315E 5340 Club Head Road, Virginia Beach, VA 23455,
Installation and Operation of Antennas and Associated Equipment On a New 140' Monopine
Inside A New Fenced Compound", prepared by Warren Williams & Associates, dated July 12,
Item #8
New Cingular Wireless PCS, L.L.C.
Page 2
2013 and last revised on March 8, 2014, which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning.
2. The compound fencing shall adhere to the City's Landscaping, Screening and Buffering
Specifications and Standards.
A motion was made by Commissioner Inman and seconded by Commissioner Ripley to approve
item 8.
AYE 11 NAY 0 ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commission approved item 8.
Lisa Murphy appeared before the Commission on behalf of the applicant. Chip Floyd and Bill
Schwartz appeared in support.
1.1. Parus, Thomas McLanhorn, William Emerson, Michael Salerno, and Yvette Williams opposed
the application.
In Reply Refer To Our File No. DF -8899
TO:
FROM: B. Kay Wilso
RE:
Mark D. Stiles
CITY OF VIRGINIA BEACH
INTER -OFFICE CORRESPONDENCE
DATE: June 5, 2014
DEPT: City Attorney
DEPT: City Attorney
Conditional Zoning Application; New Cingular Wireless PCS, LLC
The above -referenced conditional zoning application is scheduled to be heard by the
City Council on June 17, 2014. I have reviewed the subject proffer agreement 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
DECLARATION OF CONDITIONS AND RESTRICTIONS
THIS DECLARATION OF CONDITIONS AND RESTRICTIONS ("Declaration")
made and entered into as of the Effective Date (as such date is defined in this Declaration), by
and between CYPRESS POINT ENTERPRISES, INC., a Virginia corporation ("Owner"),
grantor for indexing purposes, NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited
liability company (t/a "AT&T"), grantor for indexing purposes (Owner and AT&T are hereby
collectively referred to herein as "GRANTOR"), and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, being referred to herein as
("GRANTEE"), provides and states as follows:
WITNESSETH:
WHEREAS, Owner is the owner of that certain parcel of real property located in the City
of Virginia Beach, Virginia, commonly referred to as 5340 Club Head Road, GPIN No: 1468-68-
4239-0000, more particularly described in Exhibit A, attached hereto and incorporated herein by
reference ("Property");
WHEREAS, the Property is zoned P-1 Preservation District and is subject to the terms of
a PD -H2 land use plan entitled "Land Use Plan Cypress Point" ("Land Use Plan"), which
designates the Property as open spaces and recreational areas, including an 18 hole golf course,
tennis courts, a swimming pool and a country club/clubhouse, within a mixed density residential
development known as Cypress Point;
WHEREAS, on February 4, 1985 Owner's predecessor in interest, Kempsville Lake
Number 1 Partnership, a Virginia general partnership, executed a Declaration of Restrictive
Covenants for Cypress Point Recreational and Open Space recorded February 15, 1985 in Deed
Book 2392, Page 0131 in the Clerk's Office ("Clerk's Office") of the Circuit Court of the City of
Virginia Beach, Virginia (the "Original Declaration") which prohibited the use of the open
spaces and recreational areas in Cypress Point that were zoned P-1 Preservation for any purpose
other than recreation and open space in connection with a golf course and other related
amenities;
WHEREAS, pursuant to the terms of an Option and Lease Agreement between Owner
and AT&T ("Lease"), Owner has agreed to lease to AT&T, that certain 3,600 square foot portion
of the Property described on Exhibit B, attached hereto and incorporated herein by reference
("Lease Parcel"), together with easements for access and utilities thereto in the locations
described on Exhibit C, attached hereto and incorporated herein by reference ("Easement
Area"), for the purposes of installing, operating and maintaining a wireless communications
facility, consisting of communications fixtures and structures and related equipment, cables,
accessories, improvements, shelters, cabinets and fencing (collectively, "Communication
Tower"), as described more fully in the Lease;
GPIN: 1468-68-4239-0000
Prepared by: LeClair Ryan, A Professional Corporation
999 Waterside Drive, Suite 2100
Norfolk, Virginia 23510
WHEREAS, GRANTOR has initiated a conditional amendment to the Zoning Map of the
City of Virginia Beach, Virginia, by petition addressed to GRANTEE so as to change the Zoning
Classification of the Lease Parcel and Easement Area from P-1 Preservation District pursuant to
a PD -H2 Land Use Plan to P-1 Preservation District (Conditional);
WHEREAS, it is GRANTEE's policy to provide only for the orderly development of
land for various purposes through zoning and other land development legislation;
WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible
development of various types of uses conflict and that in order to permit differing types of uses
on and in the area of the Property and at the same time to recognize the effects of change that
will be created by the proposed rezoning, certain reasonable conditions governing the use of the
Lease Parcel and Easement Area for the protection of the community that are not generally
applicable to land similarly zoned are needed to resolve the situation to which the proposed
rezoning gives rise; and
WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to
the public hearing before GRANTEE, as part of the proposed amendment to the Zoning Map of
the City of Virginia Beach, Virginia ("Zoning Map") with respect to the Lease Parcel and
Easement Area, the following reasonable conditions related to the physical development,
operation, and use of the Lease Parcel and Easement Area to be adopted as a part of said
amendment to the Zoning Map relative and applicable to the Lease Parcel and Easement Area,
which has a reasonable relation to the proposed rezoning and the need for which is generated by
the proposed rezoning.
NOW, THEREFORE, the GRANTOR, and its successors, assigns, grantees and other
successors in title or interest, voluntarily and without any requirement by or exaction from the
GRANTEE or its governing body and without any element of compulsion or quid pro quo for
zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following
declaration of covenants and restrictions which shall restrict and govern the physical
development, operation, and use of the Lease Parcel and Easement Area and hereby covenant
and agree that this Declaration shall constitute covenants running with the Lease Parcel and
Easement Area, which shall be binding upon the Lease Parcel and Easement Area and upon all
parties and persons claiming under or through the GRANTOR, and its successors, assigns,
grantees and other successors in interest or title and that the conditions and restrictions of this
Declaration shall replace the restrictive covenants contained in the Original Declaration with
regard to the development and use of the Lease Parcel and Easement Area:
1. The Lease Parcel and Easement Area shall be developed substantially as shown on
the exhibit entitled "NF315E 5340 Club Head Road, Virginia Beach, VA 23455,
Installation and Operation of Antennas and Associated Equipment On a New 140'
Monopine Inside A New Fenced Compound", prepared by Warren Williams &
Associates, which has been exhibited to the Virginia Beach City Council ("City
2
Council") and is on file with the Virginia Beach Department of Planning ("Planning
Department").
2. Other than as described herein or as authorized by the PD -H2 Land Use Plan, as may
be modified or amended from time to time, no other P-1 uses shall be permitted on
the Lease Parcel or the Easement Area.
3. The Effective Date of this Declaration shall be the date this Declaration is approved
by City Council.
GRANTOR further covenants and agrees that:
All references herein to P-1 Preservation District and PD -H2 Planned Unit Development
District and to the requirements and regulations applicable thereto refer to the City Zoning
Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the
date of approval of this Declaration by City Council, which are by this reference incorporated
herein.
The above conditions, having been proffered by GRANTOR and allowed and accepted
by GRANTEE as part of the amendment to the zoning ordinance of the City of Virginia Beach,
Virginia, in force as of the date this Declaration is approved by City Council ("Zoning
Ordinance"), shall continue in full force and effect until a subsequent amendment changes the
zoning of the Lease Parcel and Easement Area 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 and executed by the
record owner of the Lease Parcel and Easement Area 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 City Council which was advertised pursuant to the
provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as conclusive evidence of such consent,
and if not so recorded, said instrument shall be void.
1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied, and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages,
or other appropriate action, suit, or proceeding;
2. The failure to meet all conditions and restrictions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate;
3
3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, GRANTOR shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
4. The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Lease Parcel and Easement Area, 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 and indexed in the
names of each of the GRANTOR and GRANTEE.
IN WITNESS WHEREOF, the parties hereto have caused this Declaration to be executed
as of the dates written below their respective signatures and seals:
OWNER:
CYPRESS POINT ENTERPRISES, INC.,
a Virginia corporation
Name: ervinJ. Troyer
Title: President
Date:
COMMONWEALTH OF VIRIA
CITY OF Vii 9 in Dov peak , to wit:
The foregoing instrument was acknowledged before me this 1-0111%dayof
2014 by Mervin R. Troyer, as President of CYPRESS POINT ENTERPRISE , INC., a V ginia
corporation, on behalf of said corporation.
(SEAL)
[SEAL]
Marsha Thompson Moriarty
Notary Public
Reg #182252
Commonwealth of Virginia
My Commission Expires
Nofary Public
Registration No: 16
My Commission Expires: 4 3011+
[SIGNATURES AND SEALS CONTINUE ON FOLLOWING PAGE.]
4
AT&T:
NEW CINGULAR WIRELESS PCS, LLC,
a Delaware limited liability company
By: AT&T Mo
Its: Manager
By:
Print
Corporation
Name: David C. Tuck
Its: Area Manager ofrrConstruction and Engineering
�%�l
Date: / i f�f q
COMMONWEALTH OF VIRGINIA
) SS:
COUNTY OF HENRICO
The foregoing instrument was acknowledged before me this EQ-b(.CAit(h 1 6
2014, by David C. Tuck, Area Manager of Construction and Engineering of AT&T Mobility Corporation,
on behalf of New Cingular Wireless PCS, LLC.
[SEAL]
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Registration No:
My Commission Expires: IUiiQ 3u, c & i
Exhibit A
to
Declaration of Restrictions and Conditions
[Legal Description of the Property]
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements and
appurtenances appertaining thereto, situate in the City of Virginia Beach, Virginia, further
described as follows:
PARCEL 1:
ALL THAT certain tract, piece or parcel of land, situate, Tying and being in the City of Virginia Beach,
Virginia, being known, numbered and designated as "Golf Course Parcel GC -1 7.94 Ac.", as shown on
that certain plat entitled "CYPRESS POINT, PHASE 1, SUBDIVISION OF THE PROPERTY OF DeFORD
LIMITED and R. G. MOORE BUILDING CORPORATION, A VIRGINIA CORPORATION, AS SHOWN IN M.B.
182, PG. 17, D.B. 2445, PGS. 101, 102, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat
is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed
Book 2464, at Pages 1748H through 1748Q.
PARCEL 2:
ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach,
Virginia, being known, numbered and designated as "Golf Course Parcel GC -2 9.66 Ac.", as shown on
that certain plat entitled "CYPRESS POINT, PHASE 1, SUBDIVISION OF THE PROPERTY OF DeFORD
LIMITED and R. G. MOORE BUILDING CORPORATION, A VIRGINIA CORPORATION, AS SHOWN IN M.B.
182, PG. 17, D.B. 2445, PGS. 101, 102, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat
is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed
Book 2464, at Pages 1748H through 1748Q.
PARCEL 3:
ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach,
Virginia, being known, numbered and designated as "Golf Course Parcel GC -3.22 Ac.", as shown on
that certain plat entitled "CYPRESS POINT, PHASE 1, SUBDIVISION OF THE PROPERTY OF DeFORD
LIMITED and R. G. MOORE BUILDING CORPORATION, A VIRGINIA CORPORATION, AS SHOWN IN M.B,
182, PG. 17, D.B. 2445, PGS. 101, 102, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat
is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed
Book 2464, at Pages 1748H through 1748Q.
PARCEL 4:
ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach,
Virginia, being known, numbered and designated as "PJO Golf Course Parcel GC -4 11.55 Ac.", as shown
on that certain plat entitled "CYPRESS POINT, PHASE 2, SUBDIVISION OF THE PROPERTY OF R. G.
MOORE BUILDING CORPORATION, A VIRGINIA CORPORATION, AS SHOWN IN D.B. 2445, PGS. 101-102
AND M.B. 182, PG. 17, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat is duly
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book
2486, at Pages 1792 through 1801.
6
Exhibit A
to
Declaration of Restrictions and Conditions
PARCEL 5:
ALL THAT certain tractplece or parcel of land, situate, lying and being in the Cty of Virginiainia Beach,
Virginia, being known, nred
d das "Golf Course Parcel GC-5Area =5'GGAc."'aS
showri on that certain plat entitled "CYPRESS POINT, PHASE 3-A, SUBDIVISION OF THE PROPERTY OF R.
G. MOOREBUILDING CORPORATION, AVIRGINIA CORPORATION, ASDESCRIBED |ND.8.2446,PG. 1O31
AND AS SHOWN IN M.B. 182, PG, 17, BAYSDE BOROUGH, VIRGINIA BEACHP VIRGINIA", which said plat
is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed
Book 2486, at Pages 1777 through 1784.
PARCEL 6:
ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach,
Virginia, being known, numbered and designated as "GoIf course ParcelGC-6 41,603 Sq. Ft. or 0.96
Ac.", as shown on that certain plat entitled "CYPRESS POINT, PHASE 3-B, SUBDIVISION OF THE
PROPERTY OF R. G. MOORE BUILDING CORPORATION, A VIRGINIA CORPORATION, AS DESCRIBED IN
D.8.2446,PG. lO31AND ASSHOWN |NM.B.1Q2,PG. 17,8AY8DEBOROUGH, VIRGINIA BEACH,
VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Deed Book 2486, at Pages 1764 through 1769.
PARCEL 7:
ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach,
Virginia, being known, numbered and designated as "Golf course Parcel GC -7 2.33 Ac.", as shown on
thatcertainp}atentit|e6°CY9RESSPQlNT'PHASE3'B'SUBD|V|S|ONOFTHE9ROPERTYOFR.G.K8OORE
BULDING CORPORATION, A VIRGINIA CORPORATION, AS DESCRIBED IN D,B. 2446, PG. 1031 AND AS
SHOWN |NK4.B.182,PG. 17,8AYS\DEBOROUGH, VIRGINIA BEACH, V|RG}N|A,^which said plat ioduly
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book
2486, at Pages 1764 through 1769.
PARCEL 8:
ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach,
Virginia, being known, numbered and designated as "Golf Course Parcel GC -8 89.11 Ac.", as shown on
that certain plat entitled "CYPRESS POINT, PHASE 4, SUBDIVISION OF THE PROPERTY OF R. G. MOORE
BUILDING CORPORATION, A VIRGINIA CORPORATION, AS SHOWN IN M,B. 182, PG, 17, BAYSIDE
BOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach. Virginia in Deed Book 2489. at Pages 1157 through 1169.
7
Exhibit A
to
Declaration of Restrictions and Conditions
(cont' d)
PARCEL9:
ALL THAT certain tractpiece ar parcel of land, situate, lying and being n the City of Vftginia Beach,
Virginia, being known, numbered and designated as "Golf Course Parcel GC -9 Area = 13,730 Sq. Ft. or
0.32Ac-" 'as shown on that certain plat entitled "CYPRESS POINT, PHASE 4, SUBDIVISION OF THE
PROPERTY OF R. G. MOORE BULDING CORPORATION, A VRGINIA CORPORATON, AS SHOWN IN M.B.
182, PG. 17, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said ptat is duly recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2489, at Pages
1157 through 1169.
PARCEL 10:
ALL THAT certain tract, piece Or parcel of land, situate, lying nd bein
Virginia, being known, numbered and designated as "Recreation Area No. 1 1.90 Ac.", as shown on that
certain plat entitled "CYPRESS POINT, PHASE 3-B, SUBDIVISION OF THE PROPERTY OF R. G. MOORE
BUILDING CORPORATION, A VIRGINIA CORPORATION, AS SHOWN IN D.B. 2446, PG. 1031 AND AS
SHOWN IN M.B. 182, PG. 17, BAYSIDE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat is duly
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book
2486, at Pages 1764 through 1769.
PARCEL 11:
ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach,
Virgina, being known,nurnbered and designated as "Golf Course ParcelGC-9 Accessway Area = 3857
Sq. Et. or 0.09 Ac.", as shown on that certain plat entitled "CYPRESS POINT,PHASE 4, SUBDIVISION OF
THE PROPERTY OF R. G. MOORE BUILDING CORPORATION, A VIRGINIA CORPORATION, AS SHOWN ON
M.B. 182, PG. 17, BAYSIDE BOROUGH, VIRGINIA BEACH, VRGINIA", whlch said plat is duly recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2489, at Pages
1157 through 1169.
TOGETHER WITH all right, title and interest of Gainsborough Corporation of North Carolina, if any, in all
easements, riparian rights and rights-of-way appurtenant to the above-described PARCELS 141,
including, but not limited to, two (2)1NGRESS-EGRESS EASEMENTS 15' in width across PARCEL E as
shown on that certain plat entitled "CYPRESS POINT, PHASE 2, SUBDIVISION OF THE PROPERTY OF R.G.
yW00REBUILDING CORPORATION, AVIRGINIA CORPORATION, AS SHOWN IN D.B. 2445, PGS. 101-102
AND K4.R.182,PG. 17,8AY5|DEBOROUGH, VIRGINIA BEACH, V]RGIN|A°'which said plat isduly
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book
2486, at Pages 1792 through 1801.
TOGETHER WITH all rights, title and interest of Gainsborough Corporation of North Carolina, if any, as
successor in interest to Kempsville Lakes Number 1, a Virginia general partnership, in and to certain
property owned by the City of Norfolk, Virginia, pursuant to that certain Permit dated April 18, 198S, by
and between the City of Norfolk and Kempsville Lakes Number 1, duly recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2416, at Page 870, subject,
however, to the conditions and ob!igations set forth in said Permit.
8
Exhibit A
to
Declaration of Restrictions and Conditions
(nOn1^d)
TOGETHER WITH all rightstitle and interesof Gainsborough Corporation of North Carolina, if anyin
and to certain portions of the City of Virginia Beach rights-of-way of Broad Meadows Boulevard and
Club Head Road to construct and maintain storm drainage pipes, irrigation pipes and three 8 -foot
reinforced concrete pipes to be utilized as golf cart underpasses as set forth in that certain Agreement
dated November 20, 1985, by and between the City of Virginia Beach, Virginia, and R.G. Moore Building
Corp., duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in
Deed Book 2465, at Page 939, subject, however, to the conditions and obligations set forth in said
Agreement.
AND BEING the same property conveyed to Cypress Point Enterprises, Inc., a Virginia corporation from
Gainsborough Corporation, a North Carolina corporation by Deed dated September 30, 1992 and
recorded October 19, 1992 in Deed Book 3139, Page 0201.
Tax Parcel No. 14686842390000
9
Exhibit B
to
Declaration of Restrictions and Conditions
[Legal Description of the Lease Parcel]
AT&T 60'X60' LEASE AREA
A PROPOSED 5,0' HHY 60' LEASE AREA ON THAT PARCEL AS DESCRIBED IN DEED
BOOK 3139, PACE 201, RECORDED IN THE CLERK OF THE CIRCUIT COURTS OFFICE,
'w'IR.,':1114 L3EA(CH, "JIRC-INIAL, LYING ON THE, NOEZI'HTITERt.Y RIGHT OF 'WAY OF CLI13
HEAD ROAD, ICENG FACRE PARTI:ULARLY DESCRIBED AS FOLLOWS
I3EGINNLNC AT A POINT ALONG SAD RIGHT OF WAY AT THE ENTRANCE TO THE
CYPRESS PONT CULT` CLUB LLA;VING A COORDINATE VALUE GE P1: 3,486,025.113 13Y
F':: 12,166,533.42 AS RELATED TO THE VIRGINIA STATE PLANE COORDINATE SYSTEM
(NAD 63) 5OUTH ZONE:
THENCE N 64'13'42" W A DISTANCE OF 6000' TO A POINT;
THENCE N 25'46'18". E A DISTANCE OF 60.00' TO A POINT;
THEto2E 5 64'13`42" E A DISTANCE OF 60.00' TO A POINT;
THENCE 5 25'46't8` W A G:STAt C€ OF 50.00' TO A POINT
WHICH 1S THE POINT OF BEGINNING, HAYING AN AREA OF 3,600 S DARE FEET OR
0.093 ACRES.
Exhibit C
to
Declaration of Restrictions and Conditions
[Legal Description of the Easement Area]
AT&T 20ACCESS/UTILITY EASEMENT
A PROPOSED L0' INGRESS, EGRESS AND UTILITIES EASEMENT OVER AND ACROSS
--tAT PARCEL AS DESCRIBED IN DEED BOCK 3119, PAGE 201, RECORDED IN THE
CLERK OF IRE CIRCUIT COURTS orrlrE lRGINlA BE.ACH, VIRGINIA LYING ON THE
NORTHTHERLY PIGHT OF WAY OF CLUB HEAD WAD, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGINNING Al A POINT ALONG SAID RIGHT OF WAY AT THE ENTRANCE TO THE
CYPRESS POINT GOLF CLUB, HAVING A COORDINATE VALUE OF N: 3,486,788.47 BY
L. 12,165,984,19 AS RELATED TO THE VIRGNIA STATE PLANE COORDINATE SySTEM
4AD 63) souni ZONE;
I HENCE ALONG, 7HE C
N 30438'53* E A DIST
THENCE N 76'47'3r
THENCE N 45'25'01"
I HENCE N 552445"
THENCE N 31'41'26"
THENCE N 06'41'20"
THENCE N 54'42'37'
THENCE 14 43134'37"
THENCE: N 35'1221'
THENCE N 2614'40'
THENCE S 81'39'20"
f HENCE N 69'13'47"
THENCE N 3521'11'
THENCE N 76'34'35'
THENCE 1.4 31'13'14"
THENCE N 1r4320 -
T HENCE N C5'56"14"
THENCE N 29'37'48-
HENC E N 1 4'58' 39 "
r
HENCE N os•os'Io•
rHENc..E ,3747'34"
THENCE- N 25'58-'22-
T HENCE N 2032'12"
THENCE N 35'51'30"
THENCE N 51'41'52'
THENCE N 3800'03"
THENCE N 26'5623"
THENCE N 16'3258"
THE,NCE N 04'0655"
THENCE N 09'54'59"
THENCE N 32'44'11'
THENCE N 4T2831"
THENCE N 47'01'12"
THENCE N 6413'42"
SAO EASEMENT.
LNIERLINE OF SAD EASEMENT THE FOLLOWING. COURSES
ANCE or 119.10' ro A POINT;
E A DISTANCE OF 151 .21' TO A POINT;
E A DISTANCE OF 321,60' TO A POINT;
W A DTS"ANDE or 70..12 10 A PO NT;
E 4 DISTANCE OF 79.68' TO A POINT;
W A DISTANCE OF 59,86' "0 A 00 1413
E A DISTANCE OF 63.38' TO A POINT;
▪ A DISTANCE OF 60 02' TO A I,101'4;
F. A DISTANCE OF 29.83 10 A POINT;
F. A DISTANCE 00 26.59 TO A POINT;
E 4 DISTANCE OF 38.67' TO A POINT;
E 4 DISTAINCE OF 25.71' 10 A PGINT;
E A DISTANCE OF 36.' 2' TO A POIN";
2 A DISTANCE OF 131.13' TO A POINT;
E. A DISTANCE OF 85.01' TO A POINT:
E 4 DISTANCE OF 21.91' TO A POINT;
W A DISTANCE OF 24.85' TO A PO NT;
W A DISTANCE OF 49,35 TO A pOtt..,T;
W 4 DSTANCE or 18,34' 70 A POINT;
E A DISTANCE OF 16.32' TO A POIN;
E A DISTANCE OF 42.72' TO A POHIT;
▪ A DISTANCE OF 3687' TO A POINT;
E A DISTANCE OF 45,.(.16' 10 A
E4 DISTANCE OF 23.31' 10 A POINT;
F. A DISTANCE OF 37.35. TO A POINT;
• A DISTANCE OF 31.11' TO A POINT;
E A DISTANCE QF 87.37' 10 A
E A DISTANCE OF 20.45' 10 A POINT;
W 4 ISTANCE Of 53.80' 10 A POINT;
E A DISTANCE OF 22,3/' TO A POIN1;
E A DISTANCE OF 23,64' TO A I,,DINT;
• A DISTANCE OF 25.92' TO A PGINT;
W A OGTANCF OF 11.81' TO A P0141'
4 A [1 STANCE or 13561' TO A 001.40 ElEING THE END OF
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: KEMPDEL, INC. — SHURNEY LANE (Applicant / Owner), Change of Zoning,
Conditional PD -H2 (A-12) to P-1 Preservation, 881 Shurney Lane.
Comprehensive Plan — Suburban Area. (GPINs 1468443128; 1468444310).
COUNCIL DISTRICT — BAYSIDE.
MEETING DATE: June 17, 2014
• Background:
On September 24, 2013, City Council approved the conditional rezoning of this
1.703 acre site from A-12 Apartment District to PD -H2 Planned Unit
Development with underlying A-12 Apartment District. The request was for a 17 -
unit single-family residential development. In accordance with the requirements
of the Zoning Ordinance for a PD -H2 development, the open space areas of the
PD -H2 must be zoned P-1 Preservation District.
• Considerations:
The open space areas included in this rezoning application include 12,653
square feet located along Diamond Springs Road and two areas on each side of
the entrance along Shurney Lane. The open space will also be used for
stormwater management.
The Condominium Unit Association will be responsible for maintaining all open
space areas, common areas, landscaping and other improvements on the
Property as depicted on the Preliminary Site Plan approved by City Council.
Membership by all residential unit owners is mandatory.
Further details pertaining to this 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 11-0, to recommend approval of this request to the
City Council.
KEMPDEL (SHURNEY LANE)
Page 2 of 2
■ 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
JG ,
City Manager:
KEMPSVILLE
Map C -t
Change of Zoning from Conditional PDH -2
with Underlying A-12 to P-1
3
May 14, 2014 Public Hearing
APPLICANT AND PROPERTY
OWNER:
KEMPDEL, INC.
STAFF PLANNER: Kevin Kemp
REQUEST: Change of Zoning (Conditional PDH -2 with A-12 to P-1 Preservation)
ADDRESS / DESCRIPTION: 881 Shurney Lane & northern terminus of Shurney Lane
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14684431280000 KEMPSVILLE 77,230 square feet Less than 65 dB DNL
14684443100000
t
BACKGROUND / DETAILS OF PROPOSAL
On September 24, 2013 City Council approved the conditional rezoning of this 1.703 acre site from A-12
Apartment District to PD -H2 Planned Unit Development with underlying A-12 Apartment District. The
request was for a 17 -unit single-family residential development. In accordance with the requirements of
the Zoning Ordinance for a PD -H2 development, the open space areas of the PD -H2 must be zoned P-1
Preservation District. The open space areas included in this rezoning application include 12,653 square
feet located along Diamond Springs Road and two areas on each side of the entrance along Shurney
Lane. The open space will also be used for stormwater management.
The Condominium Unit Association will be responsible for maintaining all open space areas, common
areas, landscaping and other improvements on the Property as depicted on the Preliminary Site Plan
approved by City Council. Membership by all residential unit owners is mandatory.
This request is to bring the site into conformity with the City Zoning Ordinance and the approved proffer
agreement that states the open space must be rezoned to P-1 prior to site plan approval.
LAND USE AND COMPREHENSIVE PLAN
KEMPDEL, INC.
Agenda Item 3
Page 1
EXISTING LAND USE: Undeveloped site
SURROUNDING LAND North:
USE AND ZONING:
South:
East:
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
• Retail shops / B-2 Community Business District
• Single-family home, vacant parcel / R-10 Residential
District
• Senior housing complex, quad dwelling units / B-2
Community Business District, A-12 Apartment District
• Diamond Springs Road,
• Townhomes / A-12 Apartment District
The site is primarily wooded. There do not appear to any significant
environmental or cultural features on the site. The site is located in
the Chesapeake Bay watershed.
COMPREHENSIVE PLAN: This site is within the 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. Achieving the goals of preserving neighborhood quality is accomplished
through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility,
livability, and effective buffering of residential from other residential and non-residential with respect to
type, size, intensity, and relationship to the surrounding use. (p. 3-1 through 3-3)
IMPACT ON CITY SERVICES
City Services are not affected by this request.
EVALUATION AND RECOMMENDATION
This request for a change of zoning from a Conditional PD -H2 Planned Unit Development with underlying
A-12 Apartment District to P-1 Preservation District is necessary to fully execute the requirements of the
conditional rezoning granted by City Council. The open space areas depicted on the submitted plan are
acceptable. It insures that the approved rezoning is consistent with the City Zoning Ordinance and the
approved proffer agreement of the conditional rezoning. For the reasons stated above, staff is
recommending approval of this request.
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
KEMPDEL, IpC,
Agenda Item 3
Page 2
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.
KEMPDEL,V.C.
Agenda Item 3
Page -3
AERIAL OF SITE LOCATION
KEMPDEL, INC.
Agenda Item 3
Page 4
g r�t
tY6q!8 $ ille9
tt
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Nq
cL
4.10
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t
ii
AREAS TO BE REZONED TO P-1
KEMPDEL, INC.
Agenda Item 3
Page 5
KEMPSVILLE
Maj) C-5
`Map f io gale
Kem Adel, Inc.
***
s``/I,
0174
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1111
mow *,�sin JO.•-vggII
alinask
/
%, aw
ft.;.;
•
Ithirsir
Zoning with Conditions Proffers. Open
Space Pronrodon or POH•2 Overlays
Change of Zoning from Conditionai A-12 to
Conditional PDH -2 with underlying A-12
ZONING HISTORY
#
DATE
REQUEST
ACTION
1
09/24/2013
Change of Zoning (Conditional to PD -H2 with underlying A-12)
Approved
Change of Zoning (R-10 to Conditional A-12)
Approved
2
02/26/2008
Change of Zoning (B-2 to Conditional A-36)
Approved
Approved
02/26/2008
Conditional Use Permit (Senior Housing)
3
06/14/2005
Change of Zoning (B-2 to Conditional A-18)
Approved
4
01/25/2005
Change of Zoning (R-7.5 to Conditional A-12)
Conditional Use Permit (Religious Facility)
Approved
Approved
Approved
5
03/11/2003
6
01/26/1999
Change of Zoning (R-10 to Conditional B-2)
7
01/26/1999
Conditional Use Permit (Senior Housing)
Approved
KEMPDEL, INC.
Agenda Item 3
Page 6
DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Kempdel, Inc.: George B. Kemp, President; Paul Angelson, Vice President;
Angela Reichart, Secretary/Treasurer
2. List all businesses that have a parent -subsidiary) or affiliated business entity2
relationship with the applicant: (Attach List if necessary)
nCheck here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary) or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
Check here if the property owner is NOT a corporation,
business, or other unincorporated organization.
partnership, firm,
1 & 2 See next page for footnotes
Does an official or employee ofCity of Virginia Beach have an interest in the
subject land? Yes 1 No X
If yes, what is the name of the official or employee and the nature of their interest?
Rezoning Application
Page 9 of 10
Revised 11!172013
z
0
0
NW
P4
KEMPDEL, 1C,
Agenda Item 3
Pape 7
z
0
P4
a
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z
0
NW
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
Sykes, Bourdon, Ahern & Levy, P.C.
Kellam Gerwitz, P.C.
' 'Parent -subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent -
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
George B. Kemp, President
Print Name
Property Owner's Signature (if different than applicant) Print Name
Rezoning Application
Page 10 0110
Revised 11/1/2013
DISCLOSURE STATEMENT
KEIyIPDEL, I IC_,
Agenda Item 3
Page 8
Item #3
Kempdel, Inc.
Change of Zoning
881 Shurney Lane
District 4
Bayside
May 14, 2014
CONSENT
An application of Kempdel, Inc. for a Change of Zoning (Conditional PDH -2 with A-12 to P-1 Preservation) on
property located at 881 Shurney Lane & northern terminus of Shurney Lane, District 2, Kempsville. GPIN:
14684431280000; 14684443100000.
This request for a change of zoning from a Conditional PD -H2 Planned Unit Development with underlying A-12
Apartment District to P-1 Preservation District is necessary to fully execute the requirements of the conditional
rezoning granted by City Council. The open space areas depicted on the submitted plan are acceptable. It insures
that the approved rezoning is consistent with the City Zoning Ordinance and the approved proffer agreement of
the conditional rezoning.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 3.
AYE 11 NAY 0 ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commission approved item 3 for consent.
Eddie Bourdon appeared before the Commission on behalf of the applicant.
UD�
rra� M y i�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Sections 1803 and
1804 of the City Zoning Ordinance pertaining to Special Regulations for
Discretionary Development Applications for Residential Uses in the
Oceanfront Resort District.
MEETING DATE: June 17, 2014
• Background:
The purpose of the proposed amendments to Section 1803 and 1804 is to clarify
that an owner of or developer of property immediately adjacent to property zoned
Oceanfront Resort (OR) District cannot request a zoning change to OR and
develop the site residentially at a greater density than what would have been
possible with the existing zoning.
• Considerations:
The proposed amendments, by preventing the number of units from being higher
than what would otherwise be possible without the rezoning to the OR zoning
district, maintain the City's agreement with the Navy and the Department of
Defense that there will be no increase in density beyond what was allowed by -
right under the previous Resort Tourist (RT) zoning districts as a result of either
by -right development that occurs in the ORD or as a result of a rezoning to ORD.
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 these amendments
to the City Council.
• Attachments:
Staff Report
Ordinance
Minutes of Planning Commission Hearing
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department
City Manager:
'WA.
13
May 14, 2014 Public Hearing
CITY OF VIRGINIA BEACH
AMENDMENT TO SECTIONS 1803 AND 1804
REQUEST:
An Ordinance to Amend Sections 1803 and 1804 of the City Zoning Ordinance pertaining to Special
Regulations for Discretionary Development Applications for Residential Uses in the Oceanfront Resort
District.
•
SUMMARY OF AMENDMENT
The purpose of the proposed amendments to Section 1803 and 1804 is to clarify that an owner of or
developer of property immediately adjacent to property zoned Oceanfront Resort (OR) District cannot
request a zoning change to OR and develop the site residentially at a greater density than what would
have been possible with the existing zoning. Thus, by preventing the number of units from being higher
than what would otherwise be possible without the rezoning to the OR zoning district, the amendments
maintain the City's agreement with the Navy and the Department of Defense that there will be no increase
in density beyond what was allowed by -right under the previous Resort Tourist (RT) zoning districts as a
result of either by -right development that occurs in the OR or as a result of a rezoning to ORD.
Summary of Amendments
The amendments to subsection (c) are technically necessary in order to make the provisions of
subsection (d) effective.
The amendments to subsection (d) provide that applications for a change of zoning district classification
to the OR Oceanfront Resort District, where approval for a residential use is sought or where a residential
use would be allowed under the OR zoning district classification, may be granted only in the following
circumstances:
(1) The proposed number of residential units is no greater than the number allowed under the
pre-existing zoning district classification;
(2) The subject property is contiguous to the OR District, with no intervening street or alley; and
(3) The proposed development substantially conforms to the Oceanfront Resort District Design
Guidelines or is approved under the Alternative Compliance Provisions of the Oceanfront
Resort District Form -Based Code.
The amendments to subsection (e) make clear that the redevelopment exemption to the provisions of the
AICUZ Overlay Ordinance apply to all residential density (e.g., including hotel/motel), rather than only
residential dwelling unit density.
CITY OF VIRGINIA BEACH / Amendment to Sections
1803 and 1804 of the CZO
Agenda Item 13
Page 1
RECOMMENDATION
The amendments address what the Navy -City Joint Staff (MOU) Group has identified as a potential
problem in the City's and Navy's control and reduction of incompatible uses around NAS Oceana.
Accordingly, staff recommends approval.
CITY OF VIRGINIA BEACH / Amendment to Sections
1803 and 1804 of the CZO
Agenda Item 13
Page 2
1 AN ORDINANCE TO AMEND SECTIONS 1803 AND
2 1804 OF THE CITY ZONING ORDINANCE,
3 PERTAINING TO SPECIAL REGULATIONS FOR
4 DISCRETIONARY DEVELOPMENT APPLICATIONS
5 FOR RESIDENTIAL USES IN THE OCEANFRONT
6 RESORT DISTRICT
7
8 Sections Amended: City Zoning Ordinance Sections
9 1803 and 1804
10
11 WHEREAS, the public necessity, convenience, general welfare and good zoning
12 practice so require;
13
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16
17 Article 18. SPECIAL REGULATIONS IN AIR INSTALLATIONS COMPATIBLE
18 USE ZONES (AICUZ)
19
20 A. OVERLAY DISTRICT REGULATIONS.
21
22
23
24 Sec. 1803. Applicability.
25
26 (a) Area of applicability. The provisions of this Article shall apply to
27 discretionary development applications for any property located within an Accident
28 Potential Zone (APZ) or 65-70 dB DNL, 70-75 dB DNL or >75 dB DNL Noise Zone, as
29 shown on the official zoning map,
30
31
32
33
34
35
36
37
38
39 (3) Conversions or enlargements of nonconforming uses or structures,
40 except where the application contemplates the construction of a
41 new building or structure or expansion of an existing use or
42 structure where the total occupant load would not increase; and
43
. For purposes of this Article,
discretionary development applications shall include applications for:
(1) Rezonings, including conditional zonings;
(2) Conditional use permits for new uses or structures, or for
alterations or enlargements of existing conditional uses where the
occupant load would increase;
44 (4) Street closures where the application contemplates the construction
45 of a new building or structure or the expansion of a use or structure
46 where the total occupant load is increased; and. -
47
48 (5) Special exceptions for Alternative Compliance in any zoning district
49 listed in Section 102(a)(13) where the special exception authorizes
50 a use not otherwise permitted by applicable regulations.
51
52 COMMENT
53
54 The amendments are technical in nature and have no substantive effect.
55
56
57 Sec. 1804. Discretionary development applications; city council policy.
58
59
60
61 (c) Special regulations in the 65-70 dB DNL Noise Zone. Except as set forth
62 in subsection (d), The the following regulations set forth in this subsection shall apply to
63 discretionary development applications for residential uses on property within the 65-
64 70 dB DNL Noise Zone. Residential uses shall include all of the uses listed under the
65 heading of "Residential and Related" in Table 1 of this section.
66
67 (1) For property within Sub -area 1 of the 65-70 dB DNL Noise Zone,
68 discretionary development applications for residential uses may be
69 granted only if the city council finds that the proposed development:
70
71 (i) Conforms to the applicable provisions of the city zoning
72 ordinance, including all requirements of the zoning district;
73 and
74
75 (ii) Conforms to the applicable provisions of the Comprehensive
76 Plan, including, without limitation, the Resort Area Strategic
77 Action Plan, Old Beach Design Guidelines or Special Area
78 Design Guidelines (Urban Areas) set forth in the Reference
79 Handbook of the Comprehensive Plan.
80
81 (2) For property within Sub -area 2 of the 65-70 dB DNL Noise Zone,
82 discretionary development applications for residential uses may be
83 approved only if the city council finds that the proposed
84 development:
2
85
86 (i) Is at a density similar to or lower than that of surrounding
87 properties having a similar use and no greater than
88 recommended by the Comprehensive Plan; and
89
90 (ii) Conforms to the applicable provisions of the Comprehensive
91 Plan, including, without limitation, the Princess Anne
92 Corridor Study, Princess Anne Commons Design Guidelines,
93 or Mixed Use Development Guidelines.
94
95 (3) For property within Sub -area 3 of the 65-70 dB DNL Noise Zone,
96 it shall be the policy of the city council that no application for a
97 residential use shall be approved unless the city council finds that
98 no reasonable non-residential use can be made of the property, in
99 which event the city council may allow the proposed residential use
100 of such property at the lowest density that is reasonable.
101
102 (d) Special regulations for discretionary development applications for
103 residential uses in the Oceanfront Resort District. The following regulations shall apply
104 to applications for a change of zoning district classification to the OR Oceanfront Resort
105 District, where approval for a residential use is sought or where a residential use would
106 be allowed under the OR zoning district classification. "Residential uses" shall include
107 all of the uses listed under the heading of "Residential and Related" in Table 1 of this
108 section. Such applications may be granted only if:
109
110 (1) The proposed number of residential units is no greater than the
111 number of residential units that may be developed as a matter of
112 right on the property under the regulations of its zoning district
113 classification at the time the application is made;
114
115 (2) The property that is the subject of the application is within the
116 Resort Area Strategic Growth Area and immediately adjacent to the
117 OR Oceanfront Resort District, with no intervening street or alley;
118 and
119
120 (2) The proposed development substantially conforms to the applicable
121 provisions of the Oceanfront Resort District Design Guidelines or is
122 allowed pursuant to the Alternative Compliance provisions of the
123 Oceanfront Resort District Form -Based Code.
124
3
125 (d)ipl Redevelopment. The provisions of this section shall not apply to
126 discretionary development applications for the redevelopment of property where
127 the proposed residential density is the same as or lower than the
128 actual residential density existing at the time the application is
129 submitted.
130
131 COMMENT
132
133 The amendments to subsection (c) are technically necessary in order to effectuate the
134 provisions of subsection (d).
135
136 The amendments to subsection (d) provide that applications for a change of zoning district
137 classification to the OR Oceanfront Resort District, where approval for a residential use is sought
138 or where a residential use would be allowed under the OR zoning district classification, may be
139 granted only where: (1) the proposed number of residential units is no greater than the number
140 allowed under the pre-existing zoning district classification; (2) the subject property is contiguous
141 to the OR District, with no intervening street or alley; and (3) the proposed development
142 substantially conforms to the Oceanfront Resort District Design Guidelines or is approved under
143 the Alternative Compliance Provisions of the Oceanfront Resort District Form -Based Code.
144
145 The amendments to subsection (e) make clear that the redevelopment exemption to the
146 provisions of the AICUZ Overlay Ordinance apply to all residential density (e.g., including
147 hotel/motel), rather than only residential dwelling unit density.
148
149 Adopted by the City Council of the City of Virginia Beach, Virginia, on the
150 day of , 2014.
151
152
153 APPROVED AS TO CO TENT:
154
155
156 >,��1�157 Planning D •artment City Attorney6t1/144V1
ice
158
159
160 CA -12922
161 R-1
162 March 27, 2014
163
164
APPROVED AS TO LEGAL SUFFICIENCY:
4
Item #13
City of Virginia Beach (Section 1803 & 1804)
An Ordinance to Amend Sections 1803 & 1804 of the City Zoning Ordinance
Pertaining to Special Regulations for Discretionary Development Applications
For Residential Uses in the Oceanfront Resort District
May 14, 2014
CONSENT
The purpose of the proposed amendments to Section 1803 and 1804 is to clarify that an owner of or developer of
property immediately adjacent to property zoned Oceanfront Resort (OR) District cannot request a zoning change
to OR and develop the site residentially at a greater density than what would have been possible with the existing
zoning. Thus, by preventing the number of units from being higher than what would otherwise be possible without
the rezoning to the OR zoning district, the amendments maintain the City's agreement with the Navy and the
Department of Defense that there will be no increase in density beyond what was allowed by -right under the
previous Resort Tourist (RT) zoning districts as a result of either by -right development that occurs in the OR or as a
result of a rezoning to ORD.
The amendments to subsection (e) make clear that the redevelopment exemption to the provisions of the AICUZ
Overlay Ordinance apply to all residential density (e.g., including hotel/motel), rather than only residential dwelling
unit density.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 13.
AYE 11
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
NAY 0
ABS 0 ABSENT 0
By a vote of 11-0, the Commission approved item 13 for consent.
City Attorney Bill Macali appeared before the Commission.
ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Sections 400 and 401
of the City Zoning Ordinance, Pertaining to the Purpose of the Agricultural
Districts, Permitted Uses in the District, Agritourism Activities and Sales of
Agricultural Products and Agricultural -Related Products, and to Repeal
Section 241 of the City Zoning Ordinance, Pertaining to Riding Academies
and Horses for Hire or Boarding.
MEETING DATE: June 17, 2014
• Background:
The proposed amendments are a result of recent State Code changes that will
become effective on July 1, 2014. Staff has worked with the Agricultural Advisory
Commission and the agricultural community to propose adjustments to existing
Virginia Beach regulations that will bring the City into compliance with the State
mandates.
• Considerations:
Over the years, the City has adopted regulations pertaining to farm stands and
agritourism that have worked well for Virginia Beach. The City of Virginia Beach
has long recognized farm stands and agritourism as vital to the preservation of
the local agricultural community. Farm stands and agritourism provide additional
farm income for local farmers; help educate consumers about agriculture and
local farm products; and allow residents and visitors to enjoy fresh, locally
produced food, and agricultural -themed recreational, educational and
entertainment activities.
The proposed amendments build on the City's existing regulations pertaining to
farm stands and agritourism and revise those regulations where necessary to
bring the City into compliance with the State Code. The amendments are
described and discussed in greater detail 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 11-0, to recommend approval of these amendments
to the City Council.
• Attachments:
Staff Report
I II
CITY OF VIRGINIA BEACH — AGRICULTURAL
AMENDMENTS
Page 2 of 2
Ordinance
Minutes of Planning Commission Hearing
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department
s VL . ti "L
City Manager:
14
May 14, 2014 Public Hearing
CITY OF VIRGINIA BEACH
AMENDMENT TO SECTIONS 400 AND 401
REQUEST:
An Ordinance to Amend Sections 400 and 401 of the City Zoning Ordinance, Pertaining to the Purpose of
the Agricultural Districts, Permitted Uses in the District, Agritourism Activities and Sales of Agricultural
Products and Agricultural -Related Products, and to Repeal Section 241 of the City Zoning Ordinance,
Pertaining to Riding Academies and Horses for Hire or Boarding.
•
SUMMARY OF AMENDMENT
The City of Virginia Beach has long recognized farm stands and agritourism as vital to the preservation of
the local agricultural community. Farm stands and agritourism provide additional farm income for local
farmers; help educate consumers about agriculture and local farm products; and allow residents and
visitors to enjoy fresh, locally produced food, and agricultural -themed recreational, educational and
entertainment activities.
Over the years, the City has adopted regulations pertaining to farm stands and agritourism that have
worked well for Virginia Beach. The proposed amendments are a result of recent State Code changes
that will become effective on July 1, 2014. Staff has worked with the Agricultural Advisory Commission
and the agricultural community to propose adjustments to existing Virginia Beach regulations that will
bring the City into compliance with the State mandates.
The amendments to subsection (a) replace the provisions formerly in Section (401)(b), pertaining to farm
stands, with regulations pertaining to the sale of agricultural and agricultural -related products at active
agricultural operations. The area that such sales may occupy as a principal use, exclusive of rest rooms
and hand -washing facilities, is increased from 2,500 square feet to 3.500 square feet. Larger areas are
allowed as a conditional use. In addition, riding academies and horse boarding are changed from
condition to principal uses.
The amendments to subsection (b) eliminate subdivision (1) and revise the remainder of the subsection to
allow a limited amount of sales of agricultural products and agricultural -related products from dwellings
located on agricultural operations.
The amendments to subsection (c) establish a category of uses, entitled "agritourism activities," and allow
such activities at which no more than 250 persons are in attendance at any one time, as a principal (by -
right) use. An exception to the numerical limit for activities involving the planting or harvesting of
agricultural products is provided. The amendments also address requirements for vehicular parking,
hours of operation and amplified music. Agritourism activities at which more than 250 persons are in
CITY OF VIRGINIA BEACH / Amendment to Sections
400 and 401 of the CZO
Agenda Item 14
Page 1
attendance at any time are allowable under other provisions of the City Zoning Ordinance or Special
Events Ordinance (City Code Sections 4-1 et seq.)
Subsection (d) sets forth regulations for the sale of agricultural and agricultural -related products. The
regulations, other than the increase in permitted size set forth in subsection (a), are substantially
unchanged, except that the maximum height of an establishment is increased from ten to twelve feet, as
measured from ground level to the eaves, and a few additional items that may be sold are added.
Subsection (e) contains the definitions of various terms. Except for the definition of "agricultural -related
product," which is undefined in the Virginia Code, the definitions are taken from the Virginia Code's
definitions of the terms, with minor additions for purposes of clarification.
RECOMMENDATION
The proposed amendments will bring the City Zoning Ordinance into compliance with recent State Code
changes pertaining to the sale of agricultural products and agritourism. These amendments are endorsed
by the Agricultural Advisory Commission and are recommended for approval.
CITY OF VIRGINIA BEACH / Amendment to Sections
400 and 401 of the CZO
Agenda Item 14
Page 2
1 AN ORDINANCE TO AMEND SECTIONS 400 AND 401 OF
2 THE CITY ZONING ORDINANCE, PERTAINING TO THE
3 PURPOSE OF THE AGRICULTURAL DISTRICTS,
4 PERMITTED USES IN THE DISTRICTS, AGRITOURISM
5 ACTIVITIES AND SALES OF AGRICULTURAL PRODUCTS
6 AND AGRICULTURAL -RELATED PRODUCTS AND TO
7 REPEAL SECTION 241 OF THE CITY ZONING
8 ORDINANCE, PERTAINING TO RIDING ACADEMIES AND
9 HORSES FOR HIRE OR BOARDING
10
11 Sections Amended: City Zoning Ordinance Sections 400 and
12 401
13
14 Section Repealed: City Zoning Ordinance Section 241
15
16
17 WHEREAS, the agricultural industry is one of the City of Virginia Beach's most
18 important economic activities, having an estimated economic impact of more than $119
19 Million Dollars in 2013; and
20
21 WHEREAS, local farms provide important products and services to the local
22 community, including fresh produce, meat, dairy products, eggs, and other agricultural
23 products; and
24
25 WHEREAS, farms also help to preserve open spaces, create employment,
26 reduce urban sprawl and maintain an agricultural land base, all of which contribute to
27 the health, well-being and sustainability of the City's economy; and
28
29 WHEREAS, agritourism helps to conserve farms by providing additional farm
30 income to local farmers, offsetting market fluctuations, building a stronger customer
31 base, and educating consumers about agriculture and local agricultural products; and
32
33 WHEREAS, agritourism and direct sales of farm products to the public provides
34 an opportunity for residents and visitors to enjoy fresh food, agricultural -themed
35 recreational, educational and entertainment activities, and the rural atmosphere of the
36 City's agricultural areas; and
37
38 WHEREAS, it is the desire of the City Council to encourage direct sales of farm
39 products and agritourism activities on agricultural operations while protecting against
40 substantial impacts to the public health, safety and general welfare, such as excessive
41 traffic, noise, erosion of the rural character of the City's agricultural areas and other
42 potential adverse land -use impacts; and
43 WHEREAS, the public necessity, convenience, general welfare and good zoning
44 practice so require;
45
46 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
47 OF VIRGINIA BEACH, VIRGINIA:
48
49 That Sections 400 and 401 of the City Zoning Ordinance, pertaining to the
50 purpose of the Agricultural Districts and permitted uses in Agricultural Districts, are
51 hereby amended and reordained, and Section 241 of the City Zoning Ordinance,
52 pertaining to horses for hire or boarding, is hereby repealed, to read as follows:
53
54 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE
55 TO ALL DISTRICTS
56
57 ....
58
59 C. CONDITIONAL USES AND STRUCTURES
60
61
62
63
64
65
66
67
68
69
70
71
72
73 The amendment repeals this section. The uses are now included as principal uses in the
74 Agricultural Districts with the same restrictions set forth in the repealed section.
75
76
77
78
[Reserved]
horses for hire or boarding, not more than three (3) riding animals shall be kept for each
•
•
animals arc kept or assembled in concentrated groups, shall be at least one hundred
..
COMMENT
2
79 ARTICLE 4. AGRICULTURAL DISTRICTS
80
81 Sec. 400. Legislative intent.
82
83 The purpose of the AG -1 and AG -2 Agricultural Districts is to protect and
84 preserve agricultural lands for agricultural functions, including agritourism and the direct
85 sale of agricultural and agricultural -related products to the public, and to protect and
86 preserve agricultural lands and activities in the rural areas of the city in harmony with
87 reasonable levels of rural residential development and in keeping with the special rural
88 character, environmental protection needs and limited rural infrastructure available.
89
90 COMMENT
91
92 The amendment adds a specific mention of agritourism to the recital of the purposes of the
93 Agricultural Zoning Districts.
94
95 Section 401. Use Regulations [Agricultural Districts].
96
97 (a) Principal and conditional uses. The following chart lists those uses
98 permitted within the AG -1 and AG -2 Agricultural Districts. Those uses and structures in
99 the respective agricultural districts shall be permitted as either principal uses indicated
100 by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an
101 "X" shall be prohibited in the respective districts. No uses or structures other than as
102 specified shall be permitted.
103
Use
AG-
1
AG -
2
Agricultural, aquacultural and horticultural operations, including
P
P
uses
orchards, vineyards, nurseries and the raising and grazing of livestock,
poultry and swine and the keeping of bees
3
104
Use
AG-
1
AG -
2
Agricultural product sales, and sales of agricultural -related products, at
P
P
buildings or structures no larger than 3,500 square feet in area, exclusive of
rest rooms and hand-washinq facilities, subject to the provisions of
subsection (d)
Agricultural product sales, and sales of agricultural -related products at
C
C
buildings or structures larger than 3,500 square feet in area, exclusive of rest
rooms and hand-washinq facilities, subject to the provisions of subsection (d)
Agritourism activities meeting the requirements of subsection (c)
P
P
Aqritourism activities other than those meeting the requirements of
P
P
subsection (c) and held no more than three (3) times per year, subject to the
issuance of a Special Events Permit pursuant to City Code Section 4-1
Agritourism activities other than those meeting the requirements of
C
C
subsection (c) and held more than three (3) times per year
Animal hospitals, pounds, shelters, commercial and residential kennels
C
C
Antennas, building -mounted
P
P
Antique shops, except as provided below
X
X
Antique shops within buildings listed on the Virginia Beach Historical
Register
C
C
Assembly uses
C
C
Borrow pit
C
C
Building -mounted antennas, subject to the requirements of Section 207
P
P
Cemetery, columbarium, crematory and mausoleum
C
C
4
105
106
107
Use
AG-
1
AG -
2
Child care education centers in connection with public or private elementary
schools or religious uses
P
P
Child care education centers, day nurseries, other than those permitted as
principal uses and structures, when not operated by a public agency
C
C
Communication towers meeting the requirements of Section 232(j)
P
P
Communication towers, except as specified above
C
C
Country inns
C
C
Drive-in theaters
C
C
Dwelling, single-family addition
P
P
Dwellings, duplex
X
X
Dwellings, single-family, except as specified in section 405(a)
P
P
Dwellings, single-family, in accordance with section 405(a)
C
C
Dwelling units, not to exceed one (1), located within livestock barns, to be
occupied only by farm employees or persons related to the owner of the
property by blood, marriage, adoption or approved foster care
P
P
Family care homes, foster homes or group homes
C
C
' • - - ' ' - - - - - - - •
G
G
- - - - - , - - - - - - , - - - - -
of Sections 101(b)(1)(ii) through '01(b)(1)(v)
provisions
Farm wineries, subject to the provisions of section 209.1
P
P
5
108
109
110
111
112
113
114
115
116
117
118
119
120
Use
AG-
1
AG -
2
Riding academies and horses for hire or boarding, including incidental sales
GP
—
GP
—
of tack, riding apparel and similar items used in the principal activity, limited
to one hundred fifty (150) square feet of floor area within an existing barn
used in conjunction with the principal activity; provided that not more than
three (3) riding animals shall be kept for each acre of land within the site and
that all buildings housing animals, and all corrals in which animals are kept or
assembled in concentrated groups, shall be at least one hundred (100) feet
from any property line.
(b) Accessory uses and structures. Uses and structures which are customarily
accessory and clearly incidental and subordinate to principal uses and structures,
including but not limited tot
(1) In connection with agricultural uses, no more than one (1) roadside
set forth below, provided that:
(i)
No such stand shall have a total floor area in excess of two
thousand, five hundred (2,500) square feet, excluding rest
121 (ii) No stand shall be erected within fifty (50) feet of the property
122
123 {iii) The operator of the stand must be the owner or operator of
124 the agricultural property on which the stand is located;
125 {iv) A substantial portion of the items sold from the stand shall
126 have been grown, made or produced locally;
127
128
129
130
131
132
(v) Items sold shall be limited to farm produce, locally hafvested
222 C
crafted items, T shirts displaying exclusively the name of the
farm stand or other identifying information concerning the
honey, maple syrup, jams, jellies, bottled water, locally
6
I
133
134
135
136
137
138
139
140
produced juices and cider, locally produced milk and other
dairy products, relishes, pottery, locally produced baked
goods, locally produced eggs, and similar items. Items
which shall not be sold include, without limitation, tobacco
allowed, bottled or canned beverages, except as expressly
allowed, pct and animal feed,. and repackaged relabeled
goods.
141 (2) An accessory activity operated for profit in a residential dwelling
142 unit where (i) there is no change in the outside appearance of the
143 building or premises or any visible or audible evidence detectable
144 from outside the building lot, either permanently or intermittently, of
145 the conduct of such business except for one (1) nonilluminated
146 identification sign not more than one (1) square foot in area
147 mounted flat against the residence; (ii) no traffic is generated,
148 including traffic by commercial delivery vehicles, by such activity in
149 greater volumes than would normally be expected in the
150 neighborhood, and any need for parking generated by the conduct
151 of such activity is met off the street and other than in a required
152 front yard; (iii) the activity is conducted on the premises which is the
153 bona fide residence of the principal practitioner, and no person
154 other than members of the immediate family occupying such
155 dwelling units is employed in the activity; (iv) such activity is
156 conducted only in the principal structure on the lot; (v) there are no
157 sales to the general public of products or merchandise from the
158 home, except for agricultural products, or agricultural -related
159 products, incidental to an agricultural operation on which the
160 dwelling unit is located; and (vi) the activity is specifically designed
161 or conducted to permit no more than one (1) patron, customer, or
162 pupil to be present on the premises at any one time.
163 Notwithstanding the provisions of clauses (ii) and (vi) hereof,
164 ministers, marriage commissioners and other persons authorized
165 by law to perform the rites of marriage may permit a maximum of
166 eight (8) persons on the premises at any one time in connection
167 with the performance of such rites, provided that all other
168 requirements of subdivision (b)(2) are met. The following are
169 specifically prohibited as accessory activities: Convalescent or
170 nursing homes, tourist homes, massage or tattoo parlors, body
7
171
172
173
174
175
176
177
178
179
180
181
182
piercing establishments, radio or television repair shops, auto repair
shops, or similar establishments.
(c) Agritourism activities. Agriculturally related educational activities and
activities Agritourism activities at which no more than two hundred fifty (250) persons,
exclusive of residents of the property and employees at the activity, are in attendance at
any one time shall be allowed as principal uses under the following conditions; provided,
however, that activities involving the planting or harvesting of agricultural products shall
not be subject to any limitation of the number of persons in attendance:
183 (1) Such activities, including all vehicular parking, shall be conducted in
184 conjunction with, an ongoing bona fide held on the property of an
185 active agricultural or silvicultural operation, where such agricultural
186 operation is the principal use of the property;
187 (2) Vehicular parking shall not be allowed on any public streets, or
188 within one hundred (100) feet of any residence, except a residence
189 located on the site of the activity_ There shall be a designated
190 vehicular parking area of sufficient area to accommodate the
191 anticipated number of motor vehicles on the site at such events;
192
193
(3)
Such activities shall be conducted carried on only between the
hours of 7:00 a.m. and sunset; and
194 (4) Signs shall be nonilluminated and limited to one sign not exceeding
195 sixteen (16) square feet in area;
196 (5) No outdoor amplified music shall be permitted within five hundred
197 (500) feet of any residence, except a residence located on the site
198 of the activity, and no such music shall be permitted at any time
199 before 10:00 a.m.
200 In the event any provision of this subsection conflicts or is otherwise inconsistent
201 with any other provision of this ordinance, the provisions of this subsection shall control;
202 provided, however, that no use otherwise permitted hereunder which constitutes, or
203 requires the excavation of, a borrow pit, as defined in section 111, shall be allowed
204 except by conditional use permit.
8
205 (d) Sales of agricultural products and agricultural -related products. The sale
206 of agricultural products or agriculture -related products, other than as allowed by
207 subsection (b), shall be subject to the following restrictions:
208 (1) Such sales shall be conducted upon, and as an integral part of, an
209 active agricultural operation owned or operated by the same
210 person or entity conducting such sales; and
211 (2) No farm stand or other building or structure in which merchandise is
212 offered for sale to the general public shall be: (i) greater than twelve
213 (12) feet in height, as measured from ground level to eaves, (ii)
214 located within fifty (50) feet of the property line abutting any street,
215 or (iii) open for business except between 7 a.m. and 8 p.m.
216 (e) Definitions. The following terms shall be defined as set forth herein:
217 (1) "Agricultural operation" means any operation devoted to the bona
218 fide production of crops, animals, or fowl, including the production
219 of fruits and vegetables of all kinds, meat, dairy, and poultry
220 products, nuts, tobacco, nursery, and floral products; and the
221 production and harvest of products from silvicultural or aquacultural
222 activity, but does not include the processing of agricultural products
223 or the above -ground application of sewage sludge.
224 (2) "Agricultural product" means any produce, livestock, poultry,
225 aquacultural, horticultural, floricultural, viticultural, silvicultural, or
226 other farm crops.
227 (3) "Agricultural -related product" means any product that is produced
228 as an incident of an agricultural operation. The term includes
229 honey, maple syrup, jams, jellies, preserves, relishes, juices, cider,
230 milk, ice cream and other dairy products, peanut butter, cheese,
231 eggs, breads and other baked goods, fresh seafood, poultry and
232 other meats, ornamental plants, flowers, pottery, hanging baskets,
233 wood carvings, potholders and other hand-crafted items having an
234 agricultural theme, and similar items. In addition, bottled water,
235 soda and items of apparel displaying exclusively the name of the
236 farm stand or other identifying information concerning the owner or
237 operator of the farm stand shall be allowed, provided that the
238 display of such apparel shall not exceed ten per cent (10%) of the
239 floor area of the establishment,
9
240 (4) "Agritourism activity" means any activity carried out on a farm or
241 ranch that allows members of the general public, for recreational,
242 entertainment, or educational purposes, to view or enjoy rural
243 activities, including farming, wineries, ranching, historical, cultural,
244 harvest -your -own activities, equestrian events, or natural activities
245 and attractions.
246 An activity shall not be deemed an agritourism activity solely by
247 reason of its taking place on a farm or ranch. "Agritourism activity"
248 does not include the following types of activity, among others not
249 specifically listed, but such activities may be allowed with a
250 conditional use permit for outdoor recreation or amusement or as a
251 special event as defined in section 4-1 of the City Code: (i) activities
252 involving motor vehicle competitions or other activities involving the
253 use of motor vehicles, other than farm vehicles; or (ii) the rental of a
254 farm or ranch, or portion thereof, for events such as weddings,
255 wedding receptions, parties, retreats, and other activities on a
256 regular basis, unless such events themselves consist primarily of
257 participation in an agritourism activity.
258 (5) "Farm" or "ranch" means one or more areas of land used for the
259 production, cultivation, growing, harvesting or processing of
260 agricultural products, the or raising or keeping of livestock.
261
262 COMMENT
263
264 The amendments to subsection (a) replace the provisions formerly in Section (401)(b),
265 pertaining to farm stands, with regulations pertaining to the sale of agricultural and agricultural -
266 related products at active agricultural operations. The area that such sales may occupy as a
267 principal use, exclusive of rest rooms and hand -washing facilities, is increased from 2,500 square
268 feet to 3.500 square feet. Larger areas are allowed as a conditional use. In addition, riding
269 academies and horse boarding are changed from conditional to principal uses and a very limited
270 amount of sales of items incidental to the principal activity, such as bridles, riding apparel, etc., are
271 allowed in conjunction with the use.
272
273 The amendments to subsection (b) eliminate subdivision (1) and revise the remainder of the
274 subsection to allow a limited amount of sales of agricultural products and agricultural -related
275 products from dwellings located on agricultural operations.
276
277 The amendments to subsection (c) establish a category of uses, entitled "agritourism
278 activities," and allow such activities at which no more than 250 persons are in attendance at any
10
279 one time, as a principal (by -right) use. An exception to the numerical limit for activities involving
280 the planting or harvesting of agricultural products is provided. The amendments also address
281 requirements for vehicular parking, hours of operation and amplified music. Agritourism activities
282 at which more than 250 persons are in attendance at any time are allowable under other provisions
283 of the City Zoning Ordinance or Special Events Ordinance (City Code Sections 4-1 et seq.)
284
285 Subsection (d) sets forth regulations for the sale of agricultural and agricultural -related
286 products. The regulations, other than the increase in permitted size set forth in subsection (a), are
287 substantially unchanged, except that the maximum height of an establishment is increased from ten
288 to twelve feet, as measured from ground level to the eaves, and a few additional items that may be
289 sold are added.
290
291 Subsection (e) contains the definitions of various terms. Except for the definition of
292 "agricultural -related product," which is undefined in the Virginia Code, the definitions are taken
293 from the Virginia Code's definitions of the terms, with minor additions for purposes of
294 clarification.
295
296 Adopted by the Council of the City of Virginia Beach, Virginia, on the
297 day of , 2014
APPROVED AS TO CONTENT:
CA -12899
R-5
May 20, 2014
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
11
Item #14
City of Virginia Beach (Section 400 & 401)
An Ordinance to Amend Sections 400 and 401 of the City Zoning Ordinance, Pertaining to the Purpose of the
Agricultural Districts, Permitted Uses in the District, Agritourism Activities and Sales of Agricultural Products and
Agricultural -Related Products, and to Repeal Section 241 of the City Zoning Ordinance, Pertaining to Riding
Academies and Horses for Hire or Boarding
May 14, 2014
CONSENT
The City of Virginia Beach has long recognized farm stands and agritourism as vital to the preservation of the local
agricultural community. Farm stands and agritourism provide additional farm income for local farmers; help
educate consumers about agriculture and local farm products; and allow residents and visitors to enjoy fresh,
locally produced food, and agricultural -themed recreational, educational and entertainment activities.
Over the years, the City has adopted regulations pertaining to farm stands and agritourism that have worked well
for Virginia Beach. The proposed amendments are a result of recent State Code changes that will become effective
on July 1, 2014. Staff has worked with the Agricultural Advisory Commission and the agricultural community to
propose adjustments to existing Virginia Beach regulations that will bring the City into compliance with the State
mandates.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 14.
AYE 11 NAY 0 ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commission approved item 14 for consent.
City Attorney Bill Macali appeared before the Commission.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH (OR FBC Height Map) - An Ordinance to Amend
the Oceanfront Resort District Height Map by Changing the Height Zone of
Properties Located at 1609 and 1701 Atlantic Avenue.
MEETING DATE: June 17, 2014
• Background:
This amendment is necessary to correct an unintended error that has been found
on the Form -Based Code Height Map. When the Oceanfront Resort District
Form -Based Code was adopted on July 10, 2012, the majority of the Oceanfront
Resort (OR) District between Atlantic Avenue and the Boardwalk was shown with
a maximum allowable height of 200 feet (subject to Section 203(b) of the City
Zoning Ordinance). The only exceptions depicted on the Height Map were the
publically owned spaces, which are designated as "Open Space or Public Use."
These areas consist of the connector parks and other public open spaces, where
the Height Map shows, in effect, an allowable height of zero.
• Considerations:
While evaluating a recent proposed development, staff became aware that two
parcels of privately held property (on the south side and north side of 17th Street
between Atlantic Avenue and the Boardwalk) are shown as 'Open Space or
Public Use,' and thus, are allowed a maximum height of zero feet. Restricting the
maximum allowable height of private property to zero feet is not appropriate;
therefore, this amendment corrects the Height Map such that the two properties
have the equivalent height opportunity as the other privately owned properties
between Atlantic Avenue and the Boardwalk.
The amendment has no effect on maximum height in any other portion of the OR
District.
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 amendment to
the City Council.
• Attachments:
Staff Report
Ordinance
CITY OF VIRGINIA BEACH — OR DISTRICT
FORM -BASED CODE HEIGHT MAP
Page 2of2
Minutes of Planning Commission Hearing
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning DepartmentVji`/
\4-• - 6*Pt
City Manager:
15
May 14, 2014 Public Hearing
CITY OF VIRGINIA BEACH
AMENDMENT TO ORD FORM -BASED CODE
HEIGHT MAP
REQUEST:
An Ordinance to Amend the Oceanfront Resort District Height Map by Changing the Height Zone of
Properties Located at 1609 and 1701 Atlantic Avenue.
• •
SUMMARY OF AMENDMENT
This amendment is necessary to correct an unintended error that has been found on the Form -Based
Code Height Map. When the Oceanfront Resort District Form -Based Code was adopted on July 10, 2012,
the majority of the Oceanfront Resort (OR) District between Atlantic Avenue and the Boardwalk was
shown with a maximum allowable height of 200 feet (subject to Section 203(b) of the City Zoning
Ordinance). The only exceptions depicted on the Height Map were the publically owned spaces, which
are designated as "Open Space or Public Use." These areas consist of the connector parks and other
public open spaces, where the Height Map shows, in effect, an allowable height of zero.
While evaluating a recent proposed development, staff became aware that two parcels of privately held
property (on the south side and north side of 17th Street between Atlantic Avenue and the Boardwalk) are
shown as 'Open Space or Public Use,' and thus, are allowed a maximum height of zero feet. Restricting
the maximum allowable height of private property to zero feet is not appropriate; therefore, this
amendment corrects the Height Map such that the two properties have the equivalent height opportunity
as the other privately owned properties between Atlantic Avenue and the Boardwalk.
The amendment has no effect on maximum height in any other portion of the OR District.
RECOMMENDATION
The proposed amendment to the Height Map corrects a significant error, and thus, staff recommends
approval.
CITY OF VIRGINIA BEACH / Amendment to ORD
Height Map
Agenda Item 15
Page 1
Subject Parcels as currently
depicted on Height Map
("Open Space or Public
Use")
CITY OF VIRGINIA BEACH / Amendment to ORD
Height Map
Agenda Item 15
Page 2
Oceanfront Resort District
Height Map
Legend
Height
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HEIGHT MAP AS AMENDED
CITY OF VIRGINIA BEACH / Amendment to ORD
Height Map
Agenda Item 15
Page 3
1 AN ORDINANCE TO AMEND THE OCEANFRONT
2 RESORT DISTRICT HEIGHT MAP BY CHANGING THE
3 HEIGHT ZONE OF PROPERTIES LOCATED AT 1609 AND
4 1701 ATLANTIC AVENUE
5 WHEREAS, the public necessity, convenience, general welfare and good zoning
6 practice so require;
7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That the Oceanfront Resort District Height Map is hereby amended by changing
10 the Height Zone designation of those certain parcels located at 1701 Atlantic Avenue
11 (GPIN 24271792910000) and 1609 Atlantic Avenue (GPIN 24272700650000) from the
12 Height Zone designated as "Public and Open Space" to the Height Zone designated as
13 "200 Feet", as shown on the map marked "Oceanfront Resort District Height Map, July
14 10, 2012, REVISED June 3, 2014", which map was exhibited to the City Council this
15 date and is on file in the Department of Planning.
16 COMMENT
17 The ordinance increases the maximum height of structures located at the referenced parcels
18 to two hundred (200) feet, as shown on the Oceanfront Resort District Height Map.
19
20 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
21 of
22
, 2014.
APPROVED AS TI CoNTENT:
I
LUMP/MI In
Planning DOI artment V
CA -12985
R-1
April 3, 2014
APPROVED AS TO LEGAL SUFFICJ'ENCY:
db101
City Attorney's Office
•
Item #15
City of Virginia Beach (OR FBC Height Map)
An Ordinance to Amend the Oceanfront Resort District Height Map by Changing the Height Zone of Properties
Located at 1609 and 1701 Atlantic Avenue
May 14, 2014
CONSENT
This amendment is necessary to correct an unintended error that has been found on the Form -Based Code Height
Map. When the Oceanfront Resort District Form -Based Code was adopted on July 10, 2012, the majority of the
Oceanfront Resort (OR) District between Atlantic Avenue and the Boardwalk was shown with a maximum
allowable height of 200 feet (subject to Section 203(b) of the City Zoning Ordinance). The only exceptions depicted
on the Height Map were the publically owned spaces, which are designated as "Open Space or Public Use." These
areas consist of the connector parks and other public open spaces, where the Height Map shows, in effect, an
allowable height of zero.
While evaluating a recent proposed development, staff became aware that two parcels of privately held property
(on the south side and north side of 17th Street between Atlantic Avenue and the Boardwalk) are shown as 'Open
Space or Public Use,' and thus, are allowed a maximum height of zero feet. Restricting the maximum allowable
height of private property to zero feet is not appropriate; therefore, this amendment corrects the Height Map such
that the two properties have the equivalent height opportunity as the other privately owned properties between
Atlantic Avenue and the Boardwalk.
The amendment has no effect on maximum height in any other portion of the OR District.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 15.
AYE 11 NAY 0 ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commission approved item 15 for consent.
City Attorney Bill Macali appeared before the Commission.
Sfy�eeky�
ro 'o
i�
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Applications of the City of Virginia Beach for the closure of:
1) a Portion of the Former Oakmears Crescent Right -of -Way, Now Part of
Princess Anne Road (Relocated), Containing 2,219 Sq. Ft., and
2) a Portion of the Unimproved Right -of -Way Known as Oakmears Crescent
(Relocated), Containing 54,378 Sq. Ft.
MEETING DATE: June 17, 2014
• Background: The City of Virginia Beach (the "Applicant" or "City") requests
closure of:
1) a 2,129 sq. ft. (0.049 acre) portion of the remainder of the former Oakmears
Crescent right-of-way, now a part of Princess Anne Road (relocated). When the former
Oakmears Crescent was added to the new Princess Anne Road (relocated), a portion of
the old road was not needed. Therefore, the request is to close and abandon this small
portion of right-of-way so it may be added to the adjacent parcel, known as Lot 56,
Kempsville Office Park, owned by the City.
2) a 54,378 sq. ft. (1.248 acre) portion of unimproved property originally acquired
by the City as a part of the Princess Anne Road / Kempsville Road Intersection
Improvements Project (the "Project") to become Oakmears Crescent (relocated). When
the City acquired the adjacent parcel, construction of Oakmears Crescent (relocated)
was no longer necessary and was dropped from the Road Project.
On April 10, 2012, City Council approved the Applicant's request to close the above two
(2) parcels by Ordinances ORD -3226K and ORD -3226N, with conditions to be met by
April 9, 2013.
On March 26, 2013, City Council approved extending the time to meet the conditions
until April 9, 2014, by Ordinances ORD -3267G and ORD -3267H.
Due to an oversight, the time to meet conditions expired before a second extension
request was submitted and the Applicant has re -submitted street closure applications
for the two (2) parcels referenced above.
• Considerations: The Viewers have determined that there is no current need for
either of the 2 areas for right-of-way, and that no public inconvenience will result from
the closures. Furthermore, combining the 2 closed areas with the adjacent property will
result in a more marketable development site with improved configuration.
City of Virginia Beach
Oakmears Crescent Street Closure
Page 2 of 2
There was no opposition to the request for this street closure. The Viewers and staff,
therefore, have no objection to either of the 2 closures, and recommend approval with
the conditions below.
• Recommendations: On June 11, 2014, the Planning Commission passed a
motion by a recorded vote of 9-0 recommending approval of the 2 requests 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 is normally
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. No purchase price shall be charged in this street
closure, however, because the City is both the owner of the underlying fee and the
applicant seeking this street closure.
2. The Applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed areas of the former Oakmears Crescent containing 2,129 sq. ft.
(0.049 Acre) and the (unimproved) Oakmears Crescent (relocated) containing 54,378
sq. ft. (1.248 acres), into the adjacent parcels now owned by the City. The new parcel to
be established will contain approximately 10 acres of property. 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 either of the 2
right-of-way areas proposed for closure. If private utilities do exist, easements
satisfactory to the utility company must be provided.
4. Closure of the 2 rights-of-way shall be contingent upon compliance with
the above stated conditions within 365 days of approval by City Council. If the
conditions noted above are not accomplished and the final plat is not approved within
one year of the City Council vote to close the 2 rights-of-way, this approval shall be
considered null and void.
• Attachments:
Staff Review and Disclosure Statements
Minutes of Planning Commission Hearing
Location Maps
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department
)i --
City Manager.
KEMP$VILLE
\lav 11.1
City of Virginia Beach
KEMPSVILLE
'la D-8
�toinu
Citi of Virginia Beach
RIO ( 2
GPIN:
Adjacent to
14666865540000
Sweet Closure - Princess Anne Reed (under Consuuedon)
7&8
June 11, 2014 Public Hearing
APPLICANT:
CITY OF VIRGINIA
BEACH
STAFF PLANNER: Stephen J. White
REQUESTS:
7. Discontinuance, closure and abandonment of
an unimproved portion of right-of-way known
as Oakmears Crescent (relocated).
8. Discontinuance, closure and abandonment of a
portion of right-of-way formerly known as
Oakmears Crescent but currently part of the
Princess Anne Road (relocated) right-of-way.
ELECTION DISTRICT: SITE SIZE: AICUZ:
KEMPSVILLE (7) 1.248 acres Less than 65 dB DNL
(8) 0.049 acres
Note: Both of these rights-of-way were approved for closure by the City Council on April 10, 2012;
however, the subdivision plat was not recorded with the Clerk of the Circuit Court prior to the expiration
date of the approval. Accordingly, the requests for closing these rights-of-way must be heard again by the
Planning Commission and the City Council, and the City Council must approve each prior to the plat
being recorded.
4
SUMMARY OF REQUEST
The applicant requests closure of the right-of-way designated as Oakmears Crescent on Instrument
Numbers 20091019001219670 and 20091015001210060 and platted for the purpose of providing access
to the parcels that previously had access from the former Oakmears Crescent. The former Oakmears
Crescent is now part of the right-of-way for the relocated Princess Anne Road. To ensure that the new
CITY OF VIRGINIA BEACH
OAKMEARS CRESCENT STREET CLOSURES
Agenda Items 7 & 8
Page 1
intersection of Princess Anne Road/Kempsville Road/S. Witchduck Road operates at its highest
efficiency, both the Historic Kempsville Area Master Plan and the design for the Princess Anne
Road/Kempsville Road/Witchduck Road Intersection Improvement Project included approaches to the
intersection that eliminated points of access to adjacent parcels. The elimination of those access points,
and thus, the interruptions caused by vehicles entering and exiting adjacent parcels, will ensure a smooth
flow of traffic. Obligated, however, to ensure those parcels still have access, the Master Plan and the
Intersection Improvement Project provided a rear access roadway, which is the Oakmears Crescent right-
of-way that is one of the two street closure requests summarized in this report.
Since the adoption of the Historic Kempsville Area Master Plan and the design of the Princess Anne
Road/Kempsville Road/Witchduck Road Intersection Improvement Project, the City of Virginia Beach
acquired all of the property that would have used Oakmears Crescent for access. Those properties were
acquired over a number of years either through the Intersection Improvement Project or by negotiation
and voluntary sale of the parcels to the City. Since that access is no longer necessary, the closure of the
right-of-way is requested. The right-of-way will be added to the land area of the Southwest Quadrant of
Historic Kempsville, which includes the area west of Kempsville Road, north of Fox Run Canal, east of
Lord Dunmore Drive, and south of the relocated Princess Anne Road.
The second right-of-way requested for closure consists of a 0.049 acre crescent of right-of-way that
remains from what was the cul-de-sac bulb of the former Oakmears Crescent. When the Oakmears
Crescent right-of-way was added into the new right-of-way for the relocated Princess Anne Road, the
portion of the cul-de-sac was left over. The request, therefore, is to close and abandon this small area of
right-of-way so that it may be added to the adjacent parcel.
IMPACT ON CITY SERVICES
SEWER, WATER, AND PRIVATE UTILITIES: There is no impact as a result of these closures
EVALUATION AND RECOMMENDATION
The Viewers appointed by the City Council determined that there is no current need for either of these
right-of-way areas and no public inconvenience will result from their closure. The Viewers and staff,
therefore, have no objection to the closures, and recommend approval with the conditions below.
CONDITIONS
1. The City Attorney's Office will make the final determination regarding ownership of the underlying
fee.
2. The applicant shall resubdivide the properties and vacate internal lot lines to accomplish the
following:
a. Incorporate the closed area of Oakmears Crescent into the adjoining parcels that the
CITY OF VIRGINIA BEACH
OAKMEARS CRESCENT STREET CLOSURES
Agenda Items 7 & 8
Page 2
right-of-way would have provided direct access to. The plat must be submitted and
approved for recordation prior to final street closure approval.
b. Incorporate the closed area of the former Oakmears Crescent as depicted on the
submitted "Street Closure Exhibit of 2,129 sq. ft. (0.049 AC.) of Princess Anne Road
Adjacent to Lot 56, Kempsville Office Park" 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.
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 year of the City Council vote to close the right-of-way
this approval shall be considered null and void.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances. Plans submitted with this rezoning application may require revision during detailed
site plan review to meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
CITY OF VIRGINIA BEACH
OAKMEARS CRESCENT STREET CLOSURES
Agenda Items 7 & 8
Page 3
AERIALS OF AREAS PROPOSED FOR
CLOSURE
CITY OF VIRGINIA BEACH
OAKMEARS CRESCENT STREET CLOSURES
Agenda Items 7 & 8
Page 4
Nit
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OAKMEARS CRESCENT STREET CLOSURES
Agenda Items 7 & t?
Page 5
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YAF ,No,, ,LWORARv
(Y B. 170. P. 42)
00841814(1149 80004ENi R LOCAIow ,09
OW 6209 0114531219670) 014APP609401wo0 0` G 01' y4
PQ419 (606441.81.4 vEKa)
LOT 56 (9.14 2054. P, 684)
KEMPSVILLE
OFFICE PARK
/ "�4rir 1.p/ / /r rtiSANC R/W UNE
/ / '4. +966_.11�,... 4 40 \ \ PfOOPOSED 9/19 LINE
, - 5�k0/ \ \
5 14`79090 GT" YEM20N $ORNEfn
101081[ 1) -
0
‘00:0)4.C;;;5!)1")6481416 (09. ,960, I
011001 4 0881100 41 10' / / 5' 004109'0 k
µ8O l OF 04.04091114 9VK114 (h0(9891
1414(1. (f 964T6t,T 10) / / (y,( 104, P. 71)
03 1964, P 178) `/ /
7
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t f•n
0 QP
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Al VON PER4,41161
�.MI 10�1
1030012
,9670)
PROPOSED STREET" CLOSURE
(2,129 S0. FT, 0.049 AC.)
Oa
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o
y o
CO Z. N
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db.
to.
10' 8814'81617 8T" ' ▪ M NMA
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10' (401.445 (8549090 (Y./. 114, P. 21)
/
KEMPSVILLE OFFICE PARK
(4 CONDOMINIUM)
1464-68-85'12
(1021 200306110089664)
061S1 200306110089893)
PLAT
THE
STREET CLOSURE EXHIBIT
OF
2,129 SQ. FT. (0.049 AC.)
PRINCESS
OF
ROAD
ADJACENT TO
LOT 56, KEMPSVILLE OFFICE PARK
RECORDED IN M.D. 170, P. 42 IN THE CLERKS OFFICE OF
CIRCUIT COURT OF
HE CITY OF BEACH. yIROINIA VIRGINIAR VIRGINIA
.2
SHEET 1 OF 2
=rectum For
mnd 7274311041 VIRGNA BEACH ECONOMIC DEVELOPMENT
yFit«an 10 FEBRUARY, 2012
mar.,
yR 1NgFODDt19U41t SCALE: 1' = 60' ]18:11):-2;414 t3
CAD/chk: TMF/el9 VIRGINIA BEACH, VIRGINIA I F.B. PG. I PLAT:
k1. \Gerieral Survey\211-0348 PA & Witchduck Development\Drawings 211-034 _ST�QSf=1,
STREET CLOSURE EXHIBIT
CITY OF VIRGINIA BEACH
OAKMEARS CRESCENT STREET CLOSURES
Agenda Items 7 & 8
Page 6
4
i
4
N
)
))
1
)
4
1
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)
G f't`j Of V117.41,410110$66-1- z
2.
117.41,41A 4G'N-
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list If necessary)
E] Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete thls section only If property owner Is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners. etc. below: (Attach list if necessary)
2. List all businesses that have a parent -subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
n Check here If the property owner Is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
8 1
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
4 If yes, what is the name of the official or employee and the nature of their interest?
4
DISCLOSURE STATEMENT
CITY OF VIRGINIA BEACH
OAKMEARS CRESCENT STREET CLOSURES
Agenda Items 7 & 8
Page 7
z
0
E=4
a
c)0
Er
v
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
Liet all known contractors or businesses that have or will provide Services with respect
to the requested property use, including but not limited to the Provi era of architectural
Services, reel estate services, financial services, accounting so es, and legal
services: (Attach list if necessary)
'Parent -subsidiary relationship" means ' relationship that exists when one
corporation directly or Indirectly owns shares possessing more then 50 percent of the voting
power of another corporation.' See State end Local Government Conflict of Interests Act, Ve.
Coda § 2..2.3101,
"Affiliated business entity relationship' means 'a relationship, other then parent -
subsidiary relationship, that exists when (0 one business entity hes a controlling ownership
Interest In the other busing., entity, 01) e controlling owner In one entity is oleo a controlling
owner In the other entity, or (iii) there is shared management or control between the business
entitles, Factors that should be =moldered In determining the existence of en affiliated
business entity relationship Include that the same person or substantially the seme person
own or menage the two entitles; there ere common or commingled funds or assets; the
business entitle, share the use of the same offices or employees or otherwlee share activities,
resources or personnel on a regular basis; or there is otherwise a close working relallonehip
between the entities.' See Stets and Local Government Conflict of Interests Act, Ve, Code §
2.2-3101,
CERTIFICATION: I certify that the information contained herein is true and accurate.
understand that, upon receipt of notification (postcard) that the application has been scheduled for
Public hearing, I am responslbla for obtaining and posting the required sign on the subject property et
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 end view the site for purposes of processing and evaluating this eppliatlon.
Applicant's gnsture
s e
Property Owner's Signature (11 different than ,pelican')
/241“.1rn
N
Print Nameeflotin 4
triArldkb%K,
Print Name
Uwe Mows Apprubon
n.
DISCLOSURE STATEMENT
CITY OF VIRGINIA BEACH
OAKMEARS CRESCENT STREET CLOSURES
Agenda Items 7 & 8
Page 8
Items #7 and #8
City of Virginia Beach
Street Closures
Portions of Oakmears Crescent
District 2
Kempsville
June 11, 2014
CONSENT
Item 7.
An Application of the City of Virginia Beach for the closure of an unimproved portion of right-of-way known as
Oakmears Crescent (relocated).
Item 8.
An application of the City of Virginia Beach for the closure a portion of right-of-way formerly known as Oakmears
Crescent but which is now part of the Princess Anne Road right-of-way.
CONDITIONS
1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.
2. The applicant shall resubdivide the properties and vacate internal lot lines to accomplish the following:
a. Incorporate the closed area of Oakmears Crescent into the adjoining parcels that the right-of-way would
have provided direct access to. The plat must be submitted and approved for recordation prior to final
street closure approval.
b. Incorporate the closed area of the former Oakmears Crescent as depicted on the submitted "Street
Closure Exhibit of 2,129 sq. ft. (0.049 AC.) of Princess Anne Road Adjacent to Lot 56, Kempsville Office
Park" 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. 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 year of the City Council vote to close the right-of-way this approval shall be considered
null and void.
AYE 11 NAY 0 ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
Items #7 and #8
City of Virginia Beach
Page 2
By a vote of 11-0, the Commission approved Items 7 and 8 for consent.
Stephen White appeared before the Commission on behalf of the applicant.
1 ORDINANCE APPROVING APPLICATION OF
2 THE CITY OF VIRGINIA BEACH FOR THE
3 CLOSURE OF A 54,378 SQ. FT. PORTION
4 OF AN UNIMPROVED RIGHT-OF-WAY
5 KNOWN AS OAKMEARS CRESCENT
6 (RELOCATED)
7
8 WHEREAS, City of Virginia Beach (the "Applicant") applied to the Council
9 of the City of Virginia Beach, Virginia, to have the hereinafter described portion of
10 unimproved right-of-way discontinued, closed, and vacated; and
11
12 WHEREAS, it is the judgment of the Council that said portion of
13 unimproved right-of-way be discontinued, closed, and vacated, subject to certain
14 conditions having been met on or before one (1) year from City Council's adoption of
15 this Ordinance;
16
17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
18 Virginia Beach, Virginia:
19
20 SECTION I
21
22 That the hereinafter described portion of right-of-way be discontinued,
23 closed and vacated, subject to certain conditions being met on or before one (1) year
24 from City Council's adoption of this ordinance:
25
26 All that certain piece or parcel of land situate, lying and being
27 in the City of Virginia Beach, Virginia, designated and
28 described as "PROPOSED STREET CLOSURE (54,378
29 SQ. FT., 1.248 AC.)" shown as the cross -hatched area on
30 that certain plat entitled: "STREET CLOSURE EXHIBIT OF
31 54,378 SQ. FT. (1.248 AC.) OF OAKMEARS CRESCENT
32 ADJACENT TO LOT 56, KEMPSVILLE OFFICE PARK (M.B.
33 170, P. 42), FAIRFIELD, SECTION FIVE (M.B. 87. P. 16)
34 PROPERTY OF VINCENTE N. RONO, JR. & CONCHETA
35 N. RONO (M.B. 146, P. 32), PARCEL 1, RESTMERE (M.B.
36 32. P. 50), LOT 7, KEMPSVILLE OFFICE PARK (M.B. 114,
37 P. 21) AND PLAT OF KEMPS LANDING SCHOOL (M.B.
38 242, P. 40) PLATS RECORDED IN THE CLERK'S OFFICE
39 OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA
40 BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA FOR
41
42 GPIN: Right-of-way / no GPIN assigned
43 Adjacent to GPINs 1466-68-6554, 1466-68-2683,
44 1466-68-3419, 1466-68-3411, and 1466-68-4219
1
45 VIRGINIA BEACH ECONOMIC DEVELOPMENT" Scale 1" =
46 100', dated February 10, 2012, prepared by wpl Landscape
47 Architecture Land Surveying Civil Engineering, a copy of
48 which is attached hereto as Exhibit A.
49
50 SECTION II
51
52 The following conditions must be met on or before one (1) year from City
53 Council's adoption of this ordinance:
54
55 1. The City Attorney's Office will make the final determination regarding
56 ownership of the underlying fee. The purchase price to be paid to the City is normally
57 determined according to the "Policy Regarding Purchase of City's Interest in Streets
58 Pursuant to Street Closures," approved by City Council. Copies of the policy are
59 available in the Planning Department. No purchase price shall be charged in this street
60 closure, however, because the City is both the owner of the underlying fee and the
61 applicant seeking this street closure.
62
63 2. The Applicant shall resubdivide the property and vacate internal lot lines to
64 incorporate the closed area of the unimproved right-of-way now known as Oakmears
65 Crescent (relocated) containing 54,378 sq. ft. (1.248 Acre), into the adjacent parcels
66 owned by the City. The new parcel to be established will contain approximately 10 acres
67 of property. The plat must be submitted and approved for recordation prior to final
68 street closure approval.
69
70 3. The Applicant shall verify that no private utilities exist within the right -of -
71 way area proposed for closure. If private utilities do exist, easements satisfactory to the
72 utility company must be provided.
73
74 4. Closure of the right-of-way shall be contingent upon compliance with the
75 above stated conditions within 365 days of approval by City Council. If the conditions
76 noted above are not accomplished and the final plat is not approved within one year of
77 the City Council vote to close the right-of-way, this approval shall be considered null and
78 void.
79
80 SECTION III
81
82 1. If the preceding conditions are not fulfilled on or before June 16, 2015,
83 this Ordinance will be deemed null and void without further action by the City Council.
84
85 2. If all conditions are met on or before June 16, 2015, the date of final
86 closure is the date the street closure ordinance is recorded by the City Attorney.
87
88 3. The City Manager or his designee is authorized to execute whatever
89 documents, if any, that may be necessary to meet the conditions, provided said
90 documents are approved by the City Attorney's Office.
2
91 SECTION IV
92
93 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
94 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
95 OF VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH, as "Grantee."
96
97
98 day of , 2014.
Adopted by the Council of the City of Virginia Beach, Virginia, on this
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney
CA12962
APPROVED AS TO CONTENT
\\vbgov.com\DFS 1 Applications\CityLawProd\cycom32\W pdocs\DO28\P014\00012539.DOC
R-1
June 6,2014
3
EXHIBIT A
to -
VIRGINIA BEACH
FINANCIAL CENTER, INC, —
1469-6B-es4
(C.E_ 4243. P. :457)
(c&B, 79, P. 53)
N.B. 32, P. 511)
1.0s°pr
-..
,0 TRAVIS M. i"OX_
L) Lie. Nva. 287+80 or
15' F:& LE i Of r
Gia_•vx.F3E*".
VC 7:G1 DinZ10,1;-2S 7C-40)
2C111.2$17..Meag
LAE
50' Cr+M'E: ENE$
Ns $7,
;779, F. 8761
1 +,pus ..0;:,Ar ori u- ",,C
EASNENT 110141141;741 v+
p;'*15a5. (Fi+tatlJ1 7T '+,'7C..).
I 157, F. 5,4,)
Sfr PKPrn 1.
0Fourxa 5Yftia -,
?C.@ 132!:. P. 595)
!fix
tia
, .+R #013 r Trlr'OPARY
Lw C�N..I J its!
EASELLEN7
(NS7 20.111019; '13146'0)
CSEDSTR CLOSURE
04,378 SO. FT„ 1.2418 AC)
0.2.400.a. EASELEKr
y' 11 ST 73091011?:71:1 5 ;,
! l
1..D0
fug try ;[a7.'
•
22.9
JIMMY V. ROSE
1466-68-5709
(0.9. 2479, P. [217)
(w.B. i", P. 21)
N/F
OAKMEARS INVESTORS, LLC
1466-58-6754
-8, 4+n[, P. Thiol)
17G, P. 42)
t
2}
1 I P n%U 1 Y4�. EUEt�V3
fliS7 51 O 55 ,37u;)
Gs
N,IF
THE SCHOOL BOARD
THE CITY OF VIRE NIA B
a4 6-7 -1.350
(0.9. 038, P. 499)
NB 242. P. 40)
Lan9scaae kthllechrre���
L ono 5 l.y
C ii1 Engir+!ennq 757.431.1C.4
rptsiGr.corn
21? *SVC Tit ZE 3 VIt71+. I£.01 4432
4 In 107"E•
11(
OF ? ;
EACH 43.)
SEL SHEET 2 C'F 2 'FOR
ADD,110t441 `r^.TES AND
CuRTVE 0u4TA' A5J
FVF
KE' PSVILLE OFFICE PARK
1466 E8 851S
(I: 2003 t 1 008g B54)
(26T 2005 110089863)
OF -
y A
CAD/chk: 113F/els
STREET CLOSURE EKEI'.BIT SHEET T OF 2
OF
54,378 SQ. FT. (1.248 AC.) of OAK EARS CRESCENT
kDMCENT TO
LOT 56. EEMPSVILLE OFFICE PARE {3.{_H. 170. P. 42), FAIRFIELD, SECTION FIVE
(M.D. 87. P, 10). propertrp of VICENTE N. RON4, JR. le CONufiE'1'A wN�.TT RONO
1440. E'. Z2), Pam 1. REST BRE {LB_ 32, P. 50), WT 7, SVIILE OFFICii
PARE (Y.1i. 114. P. 21) t,4d plat of SSI1tPS LANDING SCHOOL (M•E1. 242, P. 40)
PLATE REC0RDE1a IN TNF CLERK'SIOFFICE OF ATHBEACHOt OF TIiEICIW OF v1Fcltila SEAM '1,11•VC11A
For
VEIGHA BEACH ECONOMIC DEVELOPMENT
SCALE: I"
100' 10 FEBRUARY, 2012
-
ii VIRGINIA F.B. PG. PLAT: ISN 2 t I -0:14 F;
VIRGINIA BEACH.
1 ORDINANCE APPROVING APPLICATION OF
2 THE CITY OF VIRGINIA BEACH FOR THE
3 CLOSURE OF A 2,129 SQ. FT. PORTION OF
4 THE FORMER OAKMEARS CRESCENT
5 RIGHT-OF-WAY, NOW PART OF PRINCESS
6 ANNE ROAD (RELOCATED)
7
8 WHEREAS, City of Virginia Beach (the "Applicant") applied to the Council
9 of the City of Virginia Beach, Virginia, to have the hereinafter described portion of
10 improved right-of-way discontinued, closed, and vacated; and
11
12 WHEREAS, it is the judgment of the Council that said portion of right -of -
13 way be discontinued, closed, and vacated, subject to certain conditions having been
14 met on or before one (1) year from City Council's adoption of this Ordinance;
15
16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
17 Virginia Beach, Virginia:
18
19 SECTION I
20
21 That the hereinafter described portion of right-of-way be discontinued,
22 closed and vacated, subject to certain conditions being met on or before one (1) year
23 from City Council's adoption of this ordinance:
24
25 All that certain piece or parcel of land situate, Tying and being
26 in the City of Virginia Beach, Virginia, designated and
27 described as "PROPOSED STREET CLOSURE (2,129 SQ.
28 FT., 0.049 AC.)" shown as the cross -hatched area on that
29 certain plat entitled: "STREET CLOSURE EXHIBIT OF
30 2,129 SQ. FT. (0.049 AC.) OF PRINCESS ANNE ROAD
31 ADJACENT TO LOT 56, KEMPSVILLE OFFICE PARK
32 PLAT RECORDED IN M.B. 170, P. 42 IN THE CLERK'S
33 OFFICE OF THE CIRCUIT COURT OF THE CITY OF
34 VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH, VIRGINIA
35 FOR VIRGINIA BEACH ECONOMIC DEVELOPMENT"
36 Scale 1" = 60', dated February 10, 2012, prepared by wpl
37 Landscape Architecture Land Surveying Civil Engineering, a
38 copy of which is attached hereto as Exhibit A.
39
40 SECTION II
41
42 The following conditions must be met on or before one (1) year from City
43 Council's adoption of this ordinance:
44
45 GPIN: Right-of-way / no GPIN assigned
46 Adjacent to GPIN 1466-68-6554
1
47 1. The City Attorney's Office will make the final determination regarding
48 ownership of the underlying fee. The purchase price to be paid to the City is normally
49 determined according to the "Policy Regarding Purchase of City's Interest in Streets
50 Pursuant to Street Closures," approved by City Council. Copies of the policy are
51 available in the Planning Department. No purchase price shall be charged in this street
52 closure, however, because the City is both the owner of the underlying fee and the
53 applicant seeking this street closure.
54
55 2. The Applicant shall resubdivide the property and vacate internal lot lines to
56 incorporate the closed area of the former Oakmears Crescent, containing 2,129 sq. ft.
57 (0.049 Acre), into the adjacent parcel owned by the City. The new parcel to be
58 established will contain approximately 10 acres of property. The plat must be submitted
59 and approved for recordation prior to final street closure approval.
60
61 3. The Applicant shall verify that no private utilities exist within the right -of -
62 way areas proposed for closure. If private utilities do exist, easements satisfactory to the
63 utility company must be provided.
64
65 4. Closure of the right-of-way shall be contingent upon compliance with the
66 above stated conditions within 365 days of approval by City Council. If the conditions
67 noted above are not accomplished and the final plat is not approved within one year of
68 the City Council vote to close the 2 rights-of-way, this approval shall be considered null
69 and void.
70
71 SECTION III
72
73 1. If the preceding conditions are not fulfilled on or before June 16, 2015,
74 this Ordinance will be deemed null and void without further action by the City Council.
75
76 2. If all conditions are met on or before June 16, 2015, the date of final
77 closure is the date the street closure ordinance is recorded by the City Attorney.
78
79 3. The City Manager or his designee is authorized to execute whatever
80 documents, if any, that may be necessary to meet the conditions, provided said
81 documents are approved by the City Attorney's Office.
82
83 SECTION IV
84
85 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
86 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
87 OF VIRGINIA BEACH as "Grantor" and CITY OF VIRGINIA BEACH, as "Grantee."
88
89 Adopted by the Council of the City of Virginia Beach, Virginia, on this
90 day of , 2014.
2
APPROVED AS TO LEGAL
SUFFICIENCY:
APPROVED AS TO CONTENT
City Attorney Planning D
CA12961
\tvbgov.com\DFS I \Applications\CityLawProd\cycom32\Wpdocs\D028\P014\00012538.DOC
R-1
June 6, 2014
3
i1/l\���,
artment
T
EXHIBIT A
N 56'2907' E
1.75'
15' DRAINAGE EASEMENT
(M.B. 114, P. 21)
10' EASEMENT OF DOMINION VA
POWER (FORMERLY VEPC0)
(0.6. 1706. P. 321)
N 171652"Wf�
49.31'
/
/
/ N/F
•/ JIMMY V. ROSE
1466-68-5709 11
••
:y`, (0.8. 2479, P. 1217)
` (M.B. 114, P. 21)
N
\ \\
8' EASEMENT OF DOMINION /
VA POWER (FORMERLY VEPCo)
(0.0. 2186, P. 2034)
/ 20' DRAINAGE EASEMENT
•
•
•
(M.B. 114, P. 21) •
•T
/ N/F
OAKMEARS INVESTORS, LLC
1466-68-6554
(0.8. 4081, P. 1601)
(M.6. 170, P. 42)
VAR WIDTH TEMPORARY
CONSTRUCTION EASEMENT APPROX LOCATION OF 10'
(INST 20091019001219670) EASEMENT OF DOMINION VA
POWER (FORMERLY VEPCo)
L O f 56
(0.8. 2059, P. 564)
KEMPSVILLE
OFF/CE PARK
/ /L�
\ EX/STING R/W LINE
t \ \ PROPOSED R/W LINE
APPROX LOCATION OF 10'
EASEMENT OF DOMINION VA /
I- J POWER (FORMERLY VEPCo) / /
(0.8. 1964, P. 578) "'`/ /
I
I N 4210'00' W
24.54' / /
I /
`i C1 / / /
\\
>5' EASEMENT F ZON (FORMERLY
CHESAPEAKE & POTOMAC L
MAC TELEPHONE —�
COMPANY OF VIRGINIA (D.B. 1960, P. 448)
/ I
•5 N/F
KEMPSVILLE OFFICE PARK
(A CONDOMINIUM)
1466-68-8515
(INST 200306110089864)
(INST 200306110089863)
5' DRAINAGE &
UTILITY EASEMENT
N.B. 114, P. 21)
6, i
2j943-
▪ .YTi
10' EASEMENT ▪ OF DOMINION VA POWER
(FORMERLY VEPCo)(D.B. 1706. P. 32.3) &
10' DRAINAGE EASEMENT (M.B. 114, P. 21)
Landscape Architecture
Land Surveying
Civil Engineering 7
wpisite.com 57.431.1041
242 M SDNG TPA STE 8 Vela BEACH YA 23452
CAD/chk: TMF/els
SCALE:
1"
VIRGINIA
SEE SHEET 2 OF 2 FOR
ADDITIONAL NOTES AND
CURVE DATA/TABLE
10' EASEMENT OF VERIZON
(FORMERLY CHESAPEAKE & POTOMAC
TELEPHONE COMPANY OF VIRGINIA)
(D.B. 1960, P. 448)
5' UTILITY EASEMENT
(M.0. 114, P. 21)
U
VAR WIDTH PERMANENT
DRAINAGE EASEMENT
(INST 20091019001219670)
PROPOSED S7REET CLOSURE
(2,129 S0. FT., 0.049 AC)
Q
0
• e
�+ 3 N
h
y
rr
U 2 Z
14▪ .
STREET CLOSURE EXHIBIT
SHEET 1 OF 2
OF
2,129 Sq. FT. (0.049 AC.)
PRINCESS OANNE GOAD
ADJACENTF. T OFFICE PARK
LOT 56, KEMPSViiJ.
PLAT THE CIRCUIT COD RT OF THE CITY IN M.B. 170, P. 4OF2 I OFN THE CLERK'S OFFICE
VIRGINIA BEACH, VIRGINIA
VIRGINIA BEACH, VIRGINIA
For
VIRGINIA BEACH ECONOMIC DEVELOPMENT
60' 10 FEBRUARY, 2012
BEACH, VIRGINIA I F.B. PG. I PLAT: I JN: 211-0346
W:\General Survey\211-0348 PA & Witchduck DeveTopment\Drawings\211-0348_STCLOSE c
K. APPOINTMENTS
DEVELOPMENT AUTHORITY
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
INVESTIGATIVE REVIEW PANEL
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
REVIEW AND ALLOCATION COMMITTEE - COG
WETLANDS BOARD
2040 VISION TO ACTION COMMUNITY COALITION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
6/17/14 st
*****************************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
CITY COUNCIL RETREAT
Economic Development Office
Suite 700
4525 Main Street
(Corner of Columbus & Main Streets)
Town Center
CITY COUNCIL MEETINGS RESCHEDULED
EFFECTIVE: JUNE 1, 2014
FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS
FIRST TUESDAYS: OPEN CITIZEN DIALOGUE
SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM
2014 CITY HOLIDAYS
Independence Dai - Friday, July 4
Labor Day - iblondav, Septeruher l
1 'c'terans Day - Tuesday, ;\'ovemher 11
i/sunksriving Day and Dap after T hanksgn'in,t; —
Thursdav, November 27 and Friday, :November 28
Christmas Eve (half-dav) - Wednesday, December 24
Christmas Day - 77rursday, December 25