SEPTEMBER 2, 2014 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
;11A Y'OR Wl/I ]AM U. SGSSOMS, JR., A( Large
CICE MAYO2 I,OUIS 12. JONGS, Bayside - Di,rtract d
RUBIzRT M. DYFR, Ceniervi!!e - Di.rtrict l
BARBARA M. HL'NLlsY, Princess Anne - District 7
SFI.4NNON ll ti KANI,, Rose Ha[I - Dtslrict 3
BR,4D MA]tTIN, P.L., At Large
J[JfIN D.MOSti, At Large
; Iti/]il,lA ROSS-HAiI fMOND, Kempsville - Di.rtrict 2
JOHN E- UHRIN, B: ach -District h
KOti6MAR Y WlT,SGN, A1 Large
JA.4lIsS L. 4VOOD, I.vnnhaven -Di.rlrict J
CITY COUNC[L APPOINTEES
('17'YM,4NAG[!R -JAMGSK.SYORE
( '[1'YA77'OltN1sY- MA2KD. S77LCS
( Y7Y ASSESS02 .IERAI,U D. BANAGAN
('lTY Ai TDITOf2 - 1.YNDON S. RIiMIAS
C17Y CI,ERK - X U7'H HODGES FRASER, MMC
MAYOR WILLIAM D. SESSOMS, JR.
PRESIDING
II
III.
N
CI'TY MANAGER'S BRIEFINGS
- Conference Room -
A. SCHOOL SIGNS AMENDMENT
Karen Lasley, Zoning Administrator
Tony Arnold, Director of Facilities Planning and Construction - Schools
B. LEGISLATIVE AGENDA
Robert Matthias, Assistant to the City Manager
CITY COUNCIL LIAISON REPORTS
CITY COUNCIL COMMENTS
CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF THE CITY COUNCIL
CITY COUNCIL AGENDA
2 September 2014
CITYNAGL BUILDING
2401 COURTHOUSE DlZ/VE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.can
4:00 PM
5:30 PM
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Rabbi Israel Zoberman
Beth Chaverim Synagogue
C. YLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATIONS
1. RESOLUTION IN MEMORIUM - Mary Russo
Honorable Delegate Bill DeSteph and
Representatives of the Virginia General Assembly
AUGUST 19, 2014
2. PRESENTATION OF K1NG NEPTUNE XLI, THOMAS A. BARTON, III and COURT
Ken Cummings, 2014 Chair
3. D-DAY COMMEMORATION REPORT
Norwood Thomas
1. YUBLIC HEARING
1. EXCESS CITY-OWNED PROPERTY
253-257 Roselynn Lane
J. ORDINANCES/RESOLUTION
1. Ordinance to DECLARE EXCESS PROPERTY at 253 and 257 Roselynn Lane; and,
AUTHORIZE the sale to Betty S. Rouse
2. Ordinances to AUTHORIZE temporary encroachments into portions of City-owned rights-of-way
for:
a. The CHESAPEAKE BAY FOUNDATION, INC. into Marlin Bay Drive re construction of
the "Brock Environmental Center"
b. TCA BLOCK 11 OFFICE, LLC, TCA BLOCK 11 GARAGE, LLC, and TOWN
CENTER CONDOMINIUM 11 OWNERS ASSOCIATION, INC. re overhangs and
canopies at Main Street and Town Center Drive
3. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds:
a. $257.14 from prior year's balances to the 2012-13 FOUR FOR LIFE Grant Fund
b. $200.00 from the Fire Department's Gift Fund re purchase of a grill for Station 11
c. $1,155,151 from the 2014-15 Water and Sewer Program re Pacific Avenue Water
Improvements
4. Resolution to RESCHEDULE the November 4, 2014, City Council Session to November 25,
2014 and CANCEL the November 11, 2014 Informal Briefing Session
K. PLANNING
**ADVERTISED FOR SEPTEMBER 2, 2014, IN ERROR
Application of TIDEWATER MEDICAL TRAINING/NORTHAMPTON
EXECUTIVE CENTER, LLC for a Conditional Use Permit - BAYSIDE - DISTRICT 4
EXPEDITED AND ADOPTED AUGUST 19,_2014 -
NO ACTION NECESSARY**
Application of VIRGINIA WESLEYAN COLLEGE for a Street Closure of a portion of Burma
Road
DISTRICT 4 - BAYSIDE
RECOMMENDATION:
APPROVAL
2. Application of THE SUNDIN DENTAL
space available of a Conditional Change
uses at 1385 Laskin Road
DISTRICT 6 - BEACH
RECOMMENDATION:
CENTER, LLC for Modification of PROFFERS re
of Zoning (approved January 23, 2001) re retail/office
APPROVAL
Application of DIANA BUHRMANN and HOOPER MANAGEMENT CO. for a Conditional
Use Permit re a Home Family Child Daycare with a maximum of twelve (12) children at 3245
Florence Street
DISTRICT 6 - BEACH
RECOMMENDATION:
APPROVAL
4. Application of ANTOINETTE HENDERSON and BRIAN and KIM MOSES for a Conditional
Use Permit re a Home Family Child Daycare with a maximum of twelve (12) children at 1812
Brownstone Court
DISTRICT 1 - CENTERVILLE.
RECOMMENDATION: APPROVAL
5. Application of SOUTHERN PERFORMANCE and BROTHERS TOO, LLC for a Conditional
Use Permit re vehicle repair at 5156 Virginia Beach Boulevard
DISTRICT 4 - BAYSIDE
RECOMMENDATION:
APPROVAL
6. Application of CAMERON JUSTIN MUNDEN and GRANTED WISH, LLC for a Conditional
Use Permit re a bulk storage yard at 853 South Birdneck Road
DISTRICT 6 - BEACH
RECOMMENDATION:
APPROVAL
7. Ordinance to AMEND Section 211 of the City Zoning Ordinance (CZO) re signage for schools
(Deferred August 19, 2014)
RECOMMENDATION:
L. APPOINTMENTS
BOARD OF ZONING APPEALS
CHESAPEAKE BAY PRESERVATION BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
0. ADJOURNMENT
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
*****************************
APPROVAL
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 MEETINGS RESCHEDULED
EFFECTIVE: JUNE 19 2014
FIRST/THIRD T UESDA YS: BRIEFING/INFORMAL/FORMAL SESSIONS
FIRST TUESDAYS: OPEN CITIZEN DIALOGUE
SECOND/FOURTH TUESDAYS: WORKSHOPS - 4: 00-6: 00 PM
............................................................................. a..,
NOVEMBER COUNCIL MEETING SCHEDUI.E
NOVEMBER 4TH - RESCHEDULED
TO NOVEMBER 25TH
NOVEMBER 11TH - CANCELLED
:..?..........e ............................................................a....,
CITY COUNCIL
FALL RETREAT
Economic Development Conference Room
Town Center
September 8, 2014
8:30 AM to 5: 00 PM
2014 CITYHOLIDAYS
Veterans Day - Tuesday, November 11
Thanksgiving Day and Day after Thanksgiving -
Tliursday, November 27 and Friday, November 28
Christmas Eve (half-day) - Wednesday, December 24
Christmas Day - Thursday, December 25
MAYOR WILLIAM D. SESOMS, JR.
PRESIDING
I. CI7'Y MANAGER'S BRIEFINGS - Conference Room - 4:00 PM
A. SCHOOL SIGNS AMENDMENT
Karen Lasley, Zoning Administrator
Tony Arnold, Director of Facilities Planning and Construction - Schools '
B. LEGISLATIVE AGENDA
Robert Matthias, Assistant to the City Manager
IL CITY COUNCIL LIAISON REPORTS
III. CI'I'Y COUNCIL COMMENTS
IV. CITY COUNCIL AGENDA REVIEW
V. INFORMAL SESSION - Conference Room - 5:30 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF THE CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - City Council Chamber -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Rabbi Israel Zoberman
Beth Chaverim Synagogue
6:00 I'M
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL and FORMAL SESSIONS AUGUST 19, 2014
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. MAYOR'S PRESENTATIONS
RESOLUTION IN MEMORIUM - Mary Russo
Honorable Delegate Bill DeSteph and
Representatives of the Virginia General Assembly
PRESENTATION OF K1NG NEPTUNE XLI, THOMAS A. BARTON, III and COURT
Ken Cummings 2014 Chair
3. D-DAY COMMEMORATION REPORT
Norwood Thomas
Pt1BLIC HEARING
1. EXCESS CITY-OWNED PROPERTY
253-257 Roselynn Lane
W
.?...
PUBLIC HEARING
SALE OF EXCESS CITY
PROPERTY
The Virginia Beach City Council will
hold a PUBLIC HEARING on the
disposition and sale of City-owned
property, Tuesday, September 2,
2014 at 6:00 p.m., in the Council
Chamber of the City Hall Building
(Building #1) at the Virginia Beach
Municipal Center, Virginia Beach,
Virginia.
The property is located at
253/257 Roselynn Lane
(GPIN 2417-05-2612). The
purpose of this hearing
will be to obtain public
input to determine
whether this property
should be declared
"Excess of the Citys
needs".
If you are physically disabled or
visually impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at
757-385-4303; Hearing impaired,
call 711 (Virginia Relay -Telephone
Device for the Deaf).
Any questions concerning this
matter should be directed to the
Office of Real Estate, Building #2,
Room 392, at the Virginia Beach
Munlcipal Center. The Real Estate
Office telephane number is
(757)385-4161.
Ruth Hodges Fraser, MMC
City Clerk
Beacon August 24, 2014
24308256
J. OIZDINANCES/RESOLUTION
Ordinance to DECLARE EXCESS PROPERTY at 253 and 257 Roselynn Lane; and,
AUTHORIZE the sale to Betty S. Rouse
2. Ordinances to AUTHORIZE temporary encroachments into portions of City-owned rights-of-way i
for:
a. The CHESAPEAKE BAY FOUNDATION, INC. into Marlin Bay Drive re construction of
the "Brock Environmental Center"
b. TCA BLOCK 11 OFFICE, LLC, TCA BLOCK 11 GARAGE, LLC, and TOWN
CENTER CONDOMINIUM 11 OWNERS ASSOCIATION, INC. re overhangs and
canopies at Main Street and Town Center Drive
Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds:
a. $257.14 from prior year's balances to the 2012-13 FOUR FOR LIFE Grant Fund
b. $200.00 from the Fire Department's Gift Fund re purchase of a grill for Station 11
c. $1,155,151 from the 2014-15 Water and Sewer Program re Pacific Avenue Water
Improvements
4. Resolution to RESCHEDULE the November 4, 2014, City Council Session to November 25,
2014 and to CANCEL the November 11, 2014 Informal Briefing Session
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance declaring the property located at 253/257 Rosefynn Lane (GPIN
2417-05-2612) to be in excess af the City's needs and authorizing the City
Manager to seil the praperty to Betty S. Rouse.
MEETING DATE: September 2, 2014
¦ Background:
As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the
City of Virginia Beach acquired 253/257 Roselynn Lane (the "Property") on May
12, 2014 for $208,000. At the time of acquisition, the Property was improved with
a developed duplex. The structure is slated for demolition.
Betty S. Rause owns the adjacent praperty at 1523 Virginia Beach Baulevard.
Mrs. Rouse proposes to purchase the Property for $6,246 ($1ISF) and
resubdivide the twa properties into one residential lot. Additional dwelling units
will be prohibited.
? Considerations:
The Property will be sold with a deed restriction that prevents any new dwelling
units from being constructed. The APZ-1 Disposition Committee reviewed the
Property and determined that it should be sold to the adjoining property owner,
The sale would enhance the neighborhood and reduce density.
Mrs. Rouse's offer of $1 per square foot is consistent with previous excess City
properties sold in the APZ-1 area #hat were not building sites.
If the City retains the Property, the City must pay to maintain the lot, an estimated
annual cost of $630.
¦ Public Information:
Advertisement for pubiic hearing as required by Section 15.2-1800 Code of
Virginia and advertisement of City Council Agenda.
¦ Alternatives:
Retain ownership of #he Praperty.
¦ Recommendations:
Approve the request and authorize the City Manager to execute ail necessary
documents to convey the Property subject to the terms and conditions in the
attached Summary of Terms and such other terms, conditions or modifications as
may be acceptable to the City Manager and in a form deemed satisfactory to the
City Attorney.
¦ Revenue restrictions:
The City funded the acquisition of the Property through the partnership with the
Commonwealth of Virginia. The proceeds from the sale of the Property in the
amount of $6,246 will be received and fifty percent (50%) of the amount will be
appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and
Acquisition, and fifty percent (50%) will be deposited for future payment by the
City Manager to refund the Commonwealth's portion in accordance with the grant
agreement. A manual encumbrance will be established to ensure that the $3,123
retained by the City will be available for BRAC program acquisitions in future
years per the agreement with the Commonwealth.
¦ Attachments: Ordinance, Summary of Terms and Location Map
Recommended Action: Approval of the ordinance
Submitting Department/Agency: Public Works Ro?,v ?? ?? (?
City Manager:
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AN ORDINANCE DECLARING THE
PROPERTY LOCATED AT 253/257
ROSELYNN LANE (GPIN 2417-05-2612) TO
BE IN EXCESS OF THE CITY'S NEEDS AND
AUTHORIZING THE CITY MANAGER TO
SELL THE PROPERTY TO BETTY S.
ROUSE.
WHEREAS, the City of Virginia Beach (the "City") is the owner of that
certain 6,246 sq. ft. parcel of land located at 253/257 Roselynn Lane (the "Property")
more particularly described on Exhibit "A" attached hereto and made a part hereof;
WHEREAS, the City acquired the Property pursuant to the APZ-1
Acquisition Program;
WHEREAS, the City funded the acquisition of the Property through a
partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party
contributing fifty percent (50%) of the funds;
WHEREAS, the Property is in the midst of other residences and at the
time of acquisition was improved with a developed duplex that is slated for demolition;
WHEREAS, Betty S. Rouse (the "Buyer") owns the adjacent property and
has requested to purchase the Property in order to utilize it in a manner compatible with
the APZ-1 Ordinance;
WHEREAS, the Buyer desires to purchase the Property in accordance with
the Summary of Terms attached hereto as Exhibit "B" and made a part hereof;
WHEREAS, the APZ-1 Disposition Committee has recommended that City
Council declare the Property to be in excess of the City's needs and sell the Property to
the Buyer; and
WHEREAS, the City Council is of the opinion that the property is in excess
of the needs of the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Property located at 253/257 Roselynn Lane is hereby declared
to be in excess of the needs of the City of Virginia Beach and that the City Manager is
hereby authorized to execute any documents necessary to convey the Property to
Betty S. Rouse in accordance with the Summary of Terms attached hereto as Exhibit
"B" and such other terms, conditions or modifications as may be acceptable to the City
Manager and in a form deemed satisfactory by the City Attorney.
Further, that revenue from the sale of the Property in the amount of
$6,246 shall be received and fifty (50) percent of this amount shall be appropriated to
CIP #9-060, Oceana Interfacility Traffic Area Conformity & Acquisition, and fifty (50)
50 percent shall be deposited for future payment by the City Manager to refund the
sl Commonwealth's portion in accordance with the grant agreement. A manual
52 encumbrance will be established to ensure that the $3,123 retained by the City will be
53 available for BRAC program acquisitions in future years per the agreement with the
54 Commonwealth.
55
56 This ordinance shall be effective from the date of its adoption.
57
58 Adopted by the Council of the City of Virginia Beach, Virginia, on the
59 day of 12014.
CA12973
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APPROVED AS TO CONTENT
Public Works ? APPROVED AS TO CONTENT
? -
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY
'
Cit A ney's Office ?F
EXHIBIT "A"
GPIN 2417-05-2612 (253/257 Roselvnn Lane)
All that certain lot, piece or parcel of land with the buildings and
improvements thereon, located in Oceana Gardens in the City
of Virginia Beach, Virginia, and known numbered and
designated as Lot Thirty (30) of the Plat of Hillcrest duly
recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 13, at page 8, and being a
subdivision of parts of Plots Sixteen (16) and Eighteen (18) of
the original Plat of Oceana Gardens; the said Lot Thirty faces
fifty (50) feet on the West side of Virginia Avenue (now
Roselynn Lane) and back between parallel lines one hundred
twenty-five (125) feet.
RESERVING UNTO THE CITY all right, title and interest of the
City in and to any and all easements, rights of way, private
roads and other rights of access, ingress and/or egress
adjacent to appurtenant to or in any way benefiting the above-
described property.
IT BEING the same property conveyed to the City of Virginia
Beach by deed from Russell Willoughby dated April 28, 2014
and recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach as Instrument Number
20140512000413690.
EXHIBIT "B"
SUMMARY OF TERMS
SALE OF EXCESS PROPERTY LOCATED AT 253/257 ROSELYNN LANE
Seller: City of Virginia Beach
Buyer: Betty S. Rouse
Property: 253/257 Roselynn Lane (GPIN: 2417-05-2612) consisting of 6,246
square feet of land.
Legal Description: See Exhibit "A" to Ordinance
Sale Price: $6,246
CONDITIONS OF SALE:
• Property is purchased "As Is, Where Is."
• Buyer has been advised of APZ-1 restrictions for use.
• Buyer may use the Property for accessory structures, or Buyer may
otherwise utilize the property for construction in conjunction with her
adjacent property upon resubdivision to remove interior lot lines;
however, Buyer may not add any new dwelling units.
• Seller shall resubdivide the Property at its expense to vacate interior lot
lines.
• Seller shall demolish existing improvements on the Property.
• Seller will record deed restrictions permanently preventing new
dwelling units prior to or simultaneous with conveyance.
• Seller will reserve any fee in the streets and any easements necessary
for public purposes.
• Closing shall occur on or before September 2, 2015.
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CITY OF VIRGINIA BEACH
IN, AGENDA ITEM
ITEM: An Ordinance to Authorize a Temporary Encroachment into a Portion of the
City Right-of-Way Known as Marlin Bay Drive, for The Chesapeake Bay
Foundation, Inc., a Maryland corporation.
MEETING DATE: September 2, 2014
¦ Background: The Chesapeake Bay Foundation, Inc., a Maryland corporation,
has requested permission to encroach into an unimproved portion of the City's
right-of-way known as Marlin Bay Drive, located adjacent to GPIN 1489-47-
5533. The purpose of this encroachment is to allow four (4) pedestrian path
lights, with related electrical conduit, and a pedestrian path to be installed in a
portion of Marlin Bay Drive in connection with the construction of the Brock
Environmental Center.
¦ Considerations: City Staff has reviewed the requested encroachment and has
recommended approval of same, subject to certain conditions outlined in the
Agreement.
The proposed pedestrian path will be constructed to meet ADA guidelines.
¦ Public Information: Advertisement of City Council Agenda.
¦ Alternatives: Approve the encroachment as presented, deny the encroachment,
or add conditions as desired by Council.
¦ Recommendations: Approve the encroachment subject to the terms and
conditions of the Agreement.
¦ Attachments: Ordinance, Agreement, Plat and Location Map
Recommended Action: Approval
Submitting Department/Agency: Public Works/Real Estate 04v?(?
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1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO A
5 PORTION OF THE CITY RIGHT-OF-WAY
6 KNOWN AS MARLIN BAY DRIVE, LOCATED
7 ADJACENT TO GPIN 1489-47-5533, FOR
8 THE CHESAPEAKE BAY FOUNDATION,
9 INC., A MARYLAND CORPORATION
lo
11 WHEREAS, The Chesapeake Bay Foundation, Inc., a Maryland corporation,
12 desires to place four (4) pedestrian lights, with related electrical conduit, and a
13 pedestrian path into an unimproved portion of the City right-of-way known as Marlin Bay
14 Drive, located adjacent to GPIN 1489-47-5533.
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 City
Zs rights-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
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, The Chesapeake Bay
25 Foundation, Inc., a Maryland corporation, its assigns and successors in title are
26 authorized to construct and maintain a temporary encroachment for four (4) pedestrian
27 path lights, with related electrical conduit, and a pedestrian path into an unimproved
28 portion of the City right-of-way known as Marlin Bay Drive, located adjacent to GPIN
29 1489-47-5533, as shown on the exhibit entitled: "EXHIBIT A PEDESTRIAN PATH
3 o LIGHTING AND PEDESTRIAN PATH ENCROACHMENT EXHIBIT FOR
31 CHESAPEAKE BAY FOUNDATION - BROCK ENVIRONMENTAL CENTER", a copy of
32 which is attached hereto as Exhibit A and is on file in the Department of Public Works,
33 to which reference is made for a more particular description; and
34
35 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
36 subject to those terms, conditions and criteria contained in the Agreement between the
37 City of Virginia Beach and The Chesapeake Bay Foundation, Inc., a Maryland
3 $ corporation, (the "Agreement"); and
39
40 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
41 is 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 Chesapeake Bay Foundation, Inc. and the City Manager or his authorized
45 designee execute the Agreement.
46
47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
48 of , 2014.
APPROVED AS TO CONTENT:
PU LIC R S/ REAL ESTATE
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
A
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CITY ATTO EY
CA12971
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EXHIBIT A
PEDESTRIAN PATS LIGSTING AND PEDESTRIAN PATH
ENCROACHMEN'T EXHIBIT
FOR
CHESAPEAI? BAY FOUNDATION - BROCK ENVIRONMENTAL
CENTER
REFERENCE PLAT RECORDED AT MAP HOOK 113, AT PAGE 18 IN THE CLERK'S
OFFICE OF THE CIRCUTf COURT OF TFE CTfY OF VIRGINIA BEACH, VIIiGINIA
VIRGINIA HEACH, VIRGINIA
1041 2MI SCALE: 1"= 50'
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JULY 31, 2014 11
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PEDESTRIAN PATH
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 day of , 2014, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and THE CHESAPEAKE BAY
FOUNDATION, INC., a Maryland corporation, ITS ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee".
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land
designated and described as "PARCEL 3"; as shown on that certain plat entitled:
"RESUBDIVISION OF PLEASURE HOUSE POINT VIRGINIA BEACH, VIRGINIA",
dated June 29, 2012, prepared by WPL, and said plat is recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, as Virginia lnstrument Number
20120710000764410, and being further designated, known, and described as GPIN
1489-57-3361;
WHEREAS, it is proposed by the Grantee to construct and maintain four (4)
pedestrian path lights, with associated electrical conduit, and a pedestrian path,
collectively, the "Temporary Encroachment", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City right-of-way
known as Marlin Bay Drive, the "Encroachment Area"; and
GPIN: (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED)
Adjacent to GPIN 1489-47-5553
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 more particularly
described as follows, to-wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
PEDESTRIAN PATH LIGHTING AND PEDESTRIAN PATH
ENCROACHMENT EXHIBIT FOR CHESAPEAKE BAY
FOUNDATION - BROCK ENVIRONMENTAL CENTER" a
copy of which is attached hereto as Exhibit "A" and to which
reference is made for a more particular description.
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, the City of Virginia Beach and the ADA Guidelines, and in accordance with the
City's specifications and approval.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
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 is subject to the terms and conditions of that certain agreement
entitled "AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE
CHESAPEAKE BAY FOUNDATION, INC. FOR PEDESTRIAN PATH AND LIGHTING"
2
dated , on file with the City of Virginia Beach Parks & Recreation
Department.
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 agrees that no
open cut of the public roadway will be allowed except under extreme circumstances.
Requests for exceptions must be submitted to the Highway Operations Division of the
Department of Public Works, for final approval.
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 prior to issuance of a right-of-
way/utility easement Permit, the Grantee must post a bond or other security, in the
amount of two times their engineer's cost estimate, to the Department of Planning to
guard against damage to City property or facilities during construction.
It is further expressly understood and agreed that the Grantee must obtain and
keep in effect liability insurance with the City as a named insured in an amount not less
than $500,000.00/$250,000.00, per person injured and property damage per incident,
combined, with the City listed as an additional insured Loss Payee. 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 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 Encroachment 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.
4
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 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, the said THE CHESAPEAKE BAY FOUNDATION,
INC. has caused this Agreement to be executed in its corporate name and on its behalf
by WILLIAM C. BAKER, its Chief Executive Officer and Acting 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, a
Municipal corporation of the
Commonwealth of Virginia
By:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
City Manager/Authorized
Designee of the City Manager
(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.
NOTARY PUBLIC
My Commission Expires:
My Registration Number:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
(SEAL)
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.
My Commission Expires:
My Registration Number:
NOTARY PUBLIC
(SEAL)
6
THE CHESAPEAKE BAY FOUNDATION,
INC., a Maryland corporation
STATE OF
CITY / COUNTY OF
gy; (SEAL)
William C. Baker, Chief Executive
Officer and Acting President
to-wit:
The foregoing instrument was acknowledged before me this day of
2014, by WILLIAM C. BAKER, as Chief Executive Officer and Acting
President of THE CHESAPEAKE BAY FOUNDATION, INC., a Maryland corporation
(SEAL)
NOTARY PUBLIC
My Commission Expires:
My Registration Number:
APPROVED AS TO CONTENT:
C. 6?Azrti'
u lic Works / Real Estate
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
City Attorney
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CENTER
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Land Survaying OFFICE OF THE CIftCUIT COURT OF THE CITY OF VIRGINIA BEACH, VII3GINIA
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CITY OF VIRGINIA BEACH
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RESUBDIVISION OF PLEASURE HOUSE POINT
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CITY OF VIRGINIA BEACH
AGENDA ITEM ,
ITEM: An Ordinance Authorizing Temporary Encroachments into Portions of City
Rights-of-Way known as Main Street and Town Center Drive by TCA Block 11
Office, L.L.C., TCA Block 11 Garage, L.L.C. and Town Center Condominium 11
Owners Association, Inc.
MEETING DATE: September 2, 2014
¦ Background: TCA Block 11 Office, L.L.C., TCA Block 11 Garage, L.L.C. and Town
Center Condominium 11 Owners Association, Inc. (collectively, the "Owners"), own
certain property located at the intersection of Main Street and Town Center Drive, known
as Town Center Block 11A (GPIN: 1477-54-8537).
As a part of the development of Phase V of Town Center, the Owners have constructed
multiple canopies and architectural facing overhangs on the northwestern corner of the
building, partially along the Main Street side of the building and partially along the Town
Center Drive side of the building, and more particularly shown on Exhibits A, B& C
attached to the Ordinance (the "Encroachments").
¦ Considerations: City staff has reviewed the requested Encroachments and has
recommended approval of same, subject to certain conditions outlined in the
encroachment agreement (the "Agreement") between the Owners and the City of Virginia
Beach (the "City"). The Encroachments are consistent with those shown on the
conceptual drawings presented as a part of the approval of this phase of Town Center
and the other encroachments currently existing in Town Center.
As with all encroachment agreements approved by the City, the Agreement would
provide that the Owners must comply with all State and City specifications and
approvals. Furthermore, the Owners would indemnify and hold the City harmless from
and against all claims, damages, losses and expenses, arising out of the construction,
location or existence of the Encroachments.
¦ 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
Location Map
Recommended Action: Approval
Submitting DepartmentlAgency: Public Works/Real
City Manager.
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AN ORDINANCE AUTHORIZING TEMPORARY
ENCROACHMENTS INTO PORTIONS OF CITY
RIGHTS-OF-WAY KNOWN MAIN STREET AND
TOWN CENTER DRIVE BY TCA BLOCK 11
OFFICE, L.L.C., TCA BLOCK 11 GARAGE, L.L.C.
AND TOWN CENTER CONDOMINIUM 11
OWNERS ASSOCIATION, INC.
WHEREAS, TCA Block 11 Office, L.L.C., a Virginia limited liability company, TCA
Block 11 Garage, L.L.C., a Virginia limited liability company and Town Center
Condominium 11 Owners Association, Inc., a Virginia corporation (the "Owners") own
property located at the intersection of Main Street and Town Center Drive, known as
Town Center Block 11A (GPIN: 1477-54-8537);
WHEREAS, the Owners have submitted an application for temporary
encroachments into the City's rights-of-way known as Main Street and Town Center
Drive, consisting of existing multiple canopies and architectural facing overhangs on the
building (the "Encroachments");
WHEREAS, the Encroachments are located at the northwestern corner of the
building, partially along the Main Street side of the building and partialty along the Town
Center Drive side of the building, as shown on Exhibits A, B& C attached hereto; and
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
City's property subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That pursuant to the authority and to the extent thereof contained in
§§15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Owners are
authorized to construct and maintain the Encroachments into City right-of-way, as
shown on Exhibits A, B& C, attached hereto and made a part hereof.
2. That the Encroachments are expressly subject to those terms, conditions
and criteria contained in that certain encroachment agreement between the City of
Virginia Beach and the Owners (the "AgreemenY').
3. That the City Manager or his authorized designee is hereby authorized to
execute the Agreement, and such other terms, conditions and modifications as may be
acceptable to the City Manager and in a form deemed satisfactory by the City.
4. That this Ordinance shall not be in effect until such time as the Owners
and the City Manager or his authorized designee execute the Agreement.
4 7 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
48 of , 2014.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
??mE4 0. o 1J,s 'blic Works / Real Estate
APPROVED AS TO CONTENT
Economic Development
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate State Four-For-Life Funds and to
Transfer Funds to Consolidate Balances in Various Fiscal Years' State Four-For-
Life Grants
MEETING DATE: September 2, 2014
¦ Background: The General Assembly established the Four-For-Life program for the
purpose of providing financial assistance to volunteer rescue squads and municipal
Emergency Medical Services (EMS) agencies to provide funding for EMS programs.
Pursuant to the Code of Virginia §46.2-694, the Four-For-Life program collects an
additional $4.00 on each state automobile license purchase each year. Twenty-five
percent (25%) of the collected revenues are returned to the municipality for
enhanced training and equipment. These funds are received from Virginia
Department of Health's Office of Emergency Medical Services.
State Four-for-Life revenue are budgeted and appropriated in the Grants
Consolidated Fund annually. At fiscal year's end, small balances may remain in the
Grants Consolidated Fund.
Since the state permits unspent balances to be carried forward into the new fiscal
year, EMS is requesting a transfer totaling $257.14 from various prior fiscal years'
State Four-For-Life grant funds (as detailed below) which will consolidate funds into
EMS' FY 2012-13 Four-For-Life grant funds.
Fund transfer request is as follows:
State Four-For-Life
Grant Balance
FY 2008-09 $182.13
FY 2009-10 5.13
FY 2010-11 38.31
FY 2011-12 31.57
Total to Transfer to FY
2012-13 Four-For-Life
Grant $257.14
Additionally, the State may remit additional Four-For-Life funds in excess of what the
Department of Emergency Medical Services (EMS) budgeted, which require
acceptance and appropriation by City Council. In February 2009, the State remitted
an additional $835 related to EMT class reimbursement to the City.
EMS recommends using this State revenue to purchase additional medical supplies
(end-tidal carbon dioxide detector oxygen delivery supplies at an approximate cost
of $256) to enhance rescue/medical capabilities that will be shared with volunteer
rescue squads, career medics, and firefighters.
¦ Considerations: These funds are strictly governed by Code to purchase additional
or enhanced equipment or training needs and may not be use to off set current
services. There are no City funds required. This funding will enable EMS to
purchase additional medical supplies to enhance rescue/medical capabilities.
¦ Public Information: Public information will be coordinated through the normal
Council agenda process.
¦ Recommendations: Adopt the attached ordinance to accept, appropriate, and
transfer funds
¦ Attachment: Ordinance
Recommended Action: Approval of Ordinance ?._._.?
?r.
Submitting DepartmentlAgency: Department of Emergency Medical Services -ltj?f(?
City Manager: 'o.?? '
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE
2 FOUR-FOR-LIFE FUNDS AND TO TRANSFER FUNDS TO
3 CONSOLIDATE BALANCES IN VARIOUS FISCAL YEARS'
4 STATE FOUR-FOR-LIFE GRANTS
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7 1. That $835 is hereby accepted from the Virginia Department of Health's Office
8 of Emergency Medical Services and appropriated, with revenues increased accordingly, to
9 the Department of Emergency Medical Services FY 2012-13 State Four-For-Life Grant to
10 enhance rescue/medical capabilities; and
11
12 2. That $257 is hereby transferred from FY 2008-09, FY 2009-10, FY 2010-11,
13 and FY 2011-12 State Four-For-Life Grant to consolidate remaining balances in the
14 FY2012-13 State Four-For-Life Grant to facilitate closure of the older grants in the City's
15 financial system and to provide funding for additional medical supplies to enhance
16 rescue/medical capabilities of the Department of Emergency Medical Services.
17
18 Adopted by the Council of the City of Virginia Beach, Virginia on the day
19 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:
Qv?
Budget and Management Se ices
City Attorney's Office
CA13083
R-2
August 22, 2014
?1NIABp„9
4
? ?4.rv.'•`N..
CITY OF VIRGINIi4 BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate Funds from the Fire Department Gift Fund
MEETING DATE: September 2, 2014
¦ Background: The City has a Fire Gift Fund to provide a method for individuals to
donate money to the Fire Department. The money is then deposited into the fund and
tracked by the Department to ensure it is expended for the purpose for which it was
donated.
In October 2012, $200 was donated to Station 11 by Cecil E. Garber to use as deemed
appropriate by the Fire Department.
¦ Considerations: The Fire Department requests appropriation of these funds to
allow it to buy a grill for Station 11.
¦ Public Information: Public information will be coordinated through the normal
Council agenda process.
¦ Recommendations: Appropriate $200 from the Gift Fund balance into the Fire
Department's FY 2014-15 Budget for the purchase of a grill for Station 11.
¦ Attachment:Ordinance
Recommended Action: Approval
Submitting Department/Agency: Fire Department
City Manager: ? • Uk
1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE
2 FIRE DEPARTMENT GIFT FUND
3
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA:
6 That $200 is hereby appropriated, with estimated donation revenue increased
7 accordingly, to the FY 2014-15 Fire Department Operating Budget for the purpose of
8 purchasing a grill for Station 11.
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:
! lG ' o 41
Budget and Management ervices
7"---
;eo7
City Attorney's Office
CA13082
R-1
August 18, 2014
?
`4?Na Bfq?hl
?F? •``?^?*n"+q,., . ?i77
L Y«?,?, ?"-nl
?, • ?
CITY OF VIRGINIA BEACH
AGENDA ITEM .
lTEM: An Qrdinance to Transfer Funding Within the FY 2014-15 Water and Sewer
Capital Improvement Program
MEETING DATE: September 2, 2014
¦ Background: Funding was appropriated in the FY 2014-15 Water and Sewer
Capital Improvement Program (CIP) to address water and sanitary sewer upgrades
in coordination with project 2-045 -"Pacific Avenue Improvements" in the Roadways
section of the CIP. However, the planning and design of this project was ongoing
while the Water and Sewer CIP was being prepared and bids were received after the
FY 2014-15 CIP was adopted. The recent bids for the Pacific Avenue project
indicate that funding for the water utility upgrades is insufficient. The utility
adjustments must be made within the current fiscal year or the roadway project will
be significantly delayed.
¦ Considerations: Additional funding totaling $1,155,151 is needed for project 5-037
-"Pacific Avenue Water Improvements" based upon the bids received by the City.
Funding is available to transfer from the related sewer project and three other
Capital Improvement Program (CIP) projects to complete the work as outlined in the
table below:
6-037 - f'acific Avenue Sewer Improvements $341,716
6-106 - Various Roadways/Storm Water Coordination V $360,000
6-953 - Sewer Tap Installation Program II $328,189
5-953 - Water Tap Installation Program II $125,246
¦ Public Information: Public information will be handled through the normal Council
agenda process.
¦ Aiternatives: Without transferring funds within the program outside of the CIP
process, the water utility work related to the Pacific Avenue project cannot be
completed, and the road project would be delayed. Another funding alternative is to
transfer funds from the Water and Sewer Fund Net Assets.
¦ Recommendations: Adopt the attached ordinance to transfer funds to the Pacific
Avenue Project.
¦ Attachment:Ordinance
Recommended Action: Approval of Ordinance ?+
Submitting DepartmentlAgency: Department of Public Utilities
City Manager: Qt_-&-s V ? ?
Jqz0::,8 "
1 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE FY
2 2014-15 WATER AND SEWER CAPITAL IMPROVEMENT
3 PROGRAM
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That $1,155,151 is hereby transferred within Department of Public Utilities FY 2014-
9 15 Water and Sewer Capital Improvement Program with the following sources and
10 destination:
11
12 Sources: $341,716 from 6-037 -"Pacific Avenue Sewer Improvements;" $360,000
13 from 6-106 -"Various Roadways/Storm Water Coordination V;" $328,189 from 6-953 -
14 "Sewer Tap Installation Program II;" and $125,246 from 5-953 -"Water Tap Installation
15 Program II;"
16
17 Destination: 5-037 "Pacific Avenue Water Improvements" to assist in utility work
18 necessary to coordinate with road project 2-045 -"Pacific Avenue Improvements".
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:
.?,? G?!,,,? ? 1 ? ` ? ,
Management Services ?
?
City Attorney's Office
CA13085
R-1
August 21, 2014
?. „•y ;.<.?
CITY OF VIRGINIA BEACH
AGENDA ITEM .
ITEM: A Resolution Moving the November 4, 2014 Regular Meeting of the City
Council to November 25, 2014 and Cancelling the Informal Session for
November 11, 2014
MEETING DATE: September 2, 2014
¦ Background: The City Charter provides that City Council shall have the power
to adopt rules of procedure, including the time and place of holding regular meetings of
the Council. Based on this authority, the Council has provided the time, place, and
frequency of regular meetings in the City Code. Regular meetings are held on the first
and third Tuesdays of each month at 6 p.m. in the City Council Chambers of the City
Hall Building, Municipal Center, Virginia Beach, Virginia.
State law allows a governing body to move the day of its regular meeting upon passage
of a resolution providing the future meeting day. A copy of such resolution is to be
posted on the door of the public meeting place and inserted in a newspaper having
general circulation in the City at least seven days prior to the rescheduled meeting.
¦ Considerations: November 4, 2014 is the first Tuesday of November. This
date is also the date of the 2014 general and special election. The City does not want
any citizen to have to choose between exercising the right to vote and attending the City
Council meeting. The resolution reschedules the November 4th meeting for Tuesday,
November 25rn
In addition, Tuesday, November 11th would be the date for an informal meeting of the
City Council. This date is also Veterans Day. Accordingly, the resolution provides
formal notice that the informal meeting for November 11th is cancelled in observance of
this holiday, which commemorates the service of our military men and women.
¦ Public Information: Public information will be provided through the normal
Council agenda process. After adoption, the resolution will be posted on the door of the
Council Chambers, and a public notice will be provided in the Beacon.
¦ Attachment: Resolution.
Requested by City Council
REQUESTED BY CITY COUNCIL
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A RESOLUTION MOVING THE NOVEMBER 4, 2014
REGULAR MEETING OF THE CITY COUNCIL TO
NOVEMBER 25, 2014 AND CANCELLING THE INFORMAL
SESSION FOR NOVEMBER 11, 2014
WHEREAS, the City Code provides the regular formal meetings of City Council
shall be held in the Council Chambers of the City Hall Building on the first and third
Tuesdays of each month at 6:00 p.m.; and
WHEREAS, state law provides that a regular meeting of the City Council may be
scheduled for a day other than the usual day upon adoption of a resolution; and
WHEREAS, November 4th is the 2014 general election; and
WHEREAS, November 11th is Veterans Day; and
WHEREAS, the City Council does not want any citizen to have to choose
between exercising the right to vote and attending the City Council meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, THAT:
1. The regular City Council meeting scheduled for November 4, 2014 is hereby
rescheduled for November 25, 2014.
2. The time and location for the City Council Formal Session shall remain at 6 p.m.
and City Council Chambers.
3. The agenda setting the time and schedule of the Informal Session for the
November 25, 2014, meeting shall be provided in the same manner as this
information is normally provided.
4. The City Clerk shall post a copy of this resolution on the door of the City Council
Chambers from the date of adoption until 6pm on November 25, 2014, and
provide a notice at least seven days prior to November 25, 2014, in a newspaper
of general circulation in the City.
5. The informal meeting that would normally be scheduled for November 11, 2014,
is hereby cancelled in observance of Veterans Day.
Adopted by the City Council of the City of Virginia Beach, Virginia, this
day of , 2014.
APPROV AS TO LEGAL SUFFIGENCY:
1
,,C- i t y rn 's ffice
CA13084
R-4
August 26, 2014
?;?ia?eEqcy.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Moving the November 4, 2014 Regular Meeting of the City
Council to November 25, 2014 and Cancelling the Informal Session for
November 11, 2014
MEETING DATE: Seqtember 2, 2014 _
¦ Background: The City Charter provides that City Council shall have the power
to adopt rules of procedure, including the time and place of holding regular meetings of
the Council. Based on this authority, the Council has provided the time, place, and
frequency of regular meetings in the City Code. Regular meetings are held on the first
and third Tuesdays of each month at 6 p.m. in the City Council Chambers of the City
Hall Building, Municipal Center, Virginia Beach, Virginia.
State law allows a governing body to move the day of its regular meeting upon passage
of a resolution providing the future meeting day. A copy of such resolution is to be
posted on the door of the public meeting place and inserted in a newspaper having
general circulation in the City at least seven days prior to the rescheduled meeting.
¦ Considerations: November 4, 2014 is the first Tuesday of November. This
date is also the date of the 2014 general and special election. The City does not want
any citizen to have to choose between exercising the right to vote and attending the City
Council meeting. The resolution reschedules the November 4th meeting for Tuesday,
November 25tn
In addition, Tuesday, November 11th would be the date for an informal meeting of the
City Council. This date is also Veterans Day. Accordingly, the resolution provides
formal notice that the informal meeting for November 11t" is cancelled in observance of
this holiday, which commemorates the service of our military men and women.
¦ Public Information: Public information will be provided through the normal
Council agenda process. After adoption, the resolution will be posted on the door of the
Council Chambers, and a public notice will be provided in the Beacon.
¦ Attachment: Resolution.
Requested by City Council
REQUESTED BY CITY COUNCIL
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A RESOLUTION MOVING THE NOVEMBER 4, 2014
REGULAR MEETING OF THE CITY COUNCIL TO
NOVEMBER 25, 2014 AND CANCELLING THE INFORMAL
SESSION FOR NOVEMBER 11, 2014
WHEREAS, the City Code provides the regular formal meetings of City Council
shall be held in the Council Chambers of the City Hall Building on the first and third
Tuesdays of each month at 6:00 p.m.; and
WHEREAS, state law provides that a regular meeting of the City Council may be
scheduled for a day other than the usual day upon adoption of a resolution; and
WHEREAS, November 4th is the 2014 general election; and
WHEREAS, November 11th is Veterans Day; and
WHEREAS, the City Council does not want any citizen to have to choose
between exercising the right to vote and attending the City Council meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, THAT:
1. The regular City Council meeting scheduled for November 4, 2014 is hereby
rescheduled for November 25, 2014.
2. The time and location for the City Council Formal Session shall remain at 6 p.m.
and City Council Chambers.
3. The agenda setting the time and schedule of the Informal Session for the
November 25, 2014, meeting shall be provided in the same manner as this
information is normally provided.
4. The City Clerk shall post a copy of this resolution on the door of the City Council
Chambers from the date of adoption until 6pm on November 25, 2014, and
provide a notice at least seven days prior to November 25, 2014, in a newspaper
of general circulation in the City.
5. The informal meeting that would normally be scheduled for November 11, 2014,
is hereby cancelled in observance of Veterans Day.
Adopted by the City Council of the City of Virginia Beach, Virginia, this
day of , 2014.
APPROVED AS TO LEGAL SUFFICIENCY:
? ,?; f,_
City ttorne?'sbffice
CA13084
R-4
August 26, 2014
K. PLANNING
**ADVERTISED FOR SEPTEMBER 2, 2014, IN ERROR
Application of TIDEWATER MEDICAL TRAINING/NORTHAMPTON
EXECUTIVE CENTER, LLC for a Conditional Use Permit - BAYSIDE - DISTRICT 4
EXPEDITED AND ADOPTED AUGUST 19, 2014 -
NO ACTION NECESSARY**
1. Application of VIRGINIA WESLEYAN COLLEGE for a Street Closure of a portion of Burma
Road
DISTRICT 4 - BAYSIDE
RECOMMENDATION: APPROVAL
2. Application of THE SUNDIN DENTAL CENTER, LLC for Modification of PROFFERS re
space available of a Conditional Change of Zoning (approved January 23, 2001) re retail/office
uses at 1385 Laskin Road
DISTRICT 6 - BEACH
RECOMMENDATION:
APPROVAL
3. Application of DIANA BUHRMANN and HOOPER MANAGEMENT CO. for a Conditional
Use Permit re a Home Family Child Daycare with a maximum of twelve (12) children at 3245
Florence Street
DISTRICT 6 - BEACH
RECOMMENDATION:
APPROVAL
4. Application of ANTOINETTE HENDERSON and BRIAN and KIM MOSES for a Conditional
Use Permit re a Home Family Child Daycare with a maximum of twelve (12) children at 1812
Brownstone Court
DISTRICT 1 - CENTERVILLE.
RECOMMENDATION: APPROVAL
5. Application of SOUTHERN PERFORMANCE and BROTHERS TOO, LLC for a Conditional
Use Permit re vehicle repair at 5156 Virginia Beach Boulevard
DISTRICT 4 - BAYSIDE
RECOMMENDATION: APPROVAL
6. Application of CAMERON JUSTIN MUNDEN and GRANTED WISH, LLC for a Conditional
Use Permit re a bulk storage yard at 853 South Birdneck Road
DISTRICT 6 - BEACH
RECOMMENDATION:
APPROVAL
7. Ordinance to AMEND Section 211 of the City Zoning Ordinance (CZO) re signage for schools
(Deferred August 19, 2014)
RECOMMENDATION:
APPROVAL
1..
, ?21
?? 1f
i :. ??-
{,,? ?
NOTICE OF PUBLIC
HEARING
The regular meeting of the Ciry
Councii of the City of Virginia Beach
will be held in the Council Chamber
of the City Hall Buildinp„ Municipal
Center. Virginia Beach, Virginia, on
Tuesday, September "L, 2014 at
6:00 p.m., at which time the
following applications will be heard:
DISTRICT 4 - BAYSIDE
Virginia Wesleyan College
Application: tr ..t lo re of an
unimproved right-of-way known as
Burma Road (adjacent GPIN
1458959662).
Southern Performance / Brothers
Too, LLC Apptication: ('onditional
l)se ? P ermit (motor vehicle repair) at
5156 Virginia Beach Boulevard
(GPIN 1467861619).
Tidewater Medical Training /
Northampton Executive Center, LLC
Application: Conditional Use Permit
(Vocational School) at 1300
Diamond Springs Road (GPiN
1469116333).
DISTRICT 6 - BEACH
The Sundin Dental Center, LLC
Application: Modification of
Conditions of a Conditional Change
of Zoning (approved
12/13/2000).1385 Laskin Road
(GPW 2417290029).
Diana Buhrmann / Hooper
Management Co. Application:
Conditionai Use Permit (Family
[Child] Daycare Home) with a
maximum of 12 children at 3245
Florence Street (GPIN
1496093603).
CBmeron Justin Munden /Granted
Wish, LLC Application: ('onditional
Use Permit (bulk storage yard) at
853 South 8irdneck Road (GPIN
2416641885).
DISTRICT 1- CENTERVILLE -
Antoinette Henderson / Brian &
Kim Moses Application: Conditional
Lsg Permit (Famity [Child] Daycare
Home with a maximum of 12
chiidren) at 1812 Brownstone Court
(GPIN 1485115870).
All interested citizens are invited to
attend.
Ruth Hodges Fraser. MMC
City Clerk
Copies ofthe proposed ordinances,
resolutions and amendments are
on file and may be examined in the
Department of Planning or oniine at
t _.-.,;. For
_..__._...?... _..___.
information call 385-4621.
It you are physicaliy disabled or
visually impaired and need
assistance at this meeting, please
call the CI7Y CLERK'S OFFICE at
3854303.
Beacon Aug. 17 & 24, 2014
24300084
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CITY OF VIRGINIA BEACH
AGENDAITEM ,
ITEM: TIDEWATER MEDICAL TRAINING (Applicant) / NORTHAMPTON
EXECUTIVE CENTER, LLC (Owner), Conditional Use Permit (Vocational
School). 1300 Diamond Springs Road (GPIN 1469116333). COUNCIL
DISTRICT - BAYSIDE.
MEETING DATE: September 2, 2014
¦ Background and Considerations:
This item was inadvertently advertised for this City Council meeting. The item
was originally scheduled for this meeting, but it was subsequently allowed to be
`expedited,' and was thus advertised for the August 19 City Council meeting. The
Planning Department staff, however, failed to notify the City Clerk of the change
in dates in sufficient time for the item to be removed from the September 2 legal
advertisement.
¦ Recommendations:
As the City Council has already approved this Conditional Use Permit at the
August 19 meeting, no action is necessary.
Recommended Action: No action necessary
Submitting Department/Agency: Planning Department
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CITY OF VIRGINIA BEACH
? AGENDA ITEM
ITEM: Ordinance Approving Application of Virginia Wesleyan College for the
Closure of a 15,036 +/- Sq. Ft. Portion of Burma Road.
MEETING DATE: September 2, 2014
¦ Background:
The applicant is requesting the closure of a public right-of-way known in the past
as Burma Road. During the recent evaluation of a request by Ebenezer Baptist
Church to close Norwich Avenue, which is located to the east of the Burma Road
right-of-way, the subject right-of-way was identified as a candidate for closure.
The abandonment of this right-of-way allows the area to be added to the adjacent
property, which is owned by the applicant. The applicant, therefore, submitted an
application requesting closure of the subject right-of-way.
¦ Considerations:
In the past, this now unimproved right-of-way was used for travel. Currently,
however, the right-of-way is now a vegetated area between the northern edge of
the Wesleyan Drive right-of-way and a recently closed section of Norwich
Avenue.
During the meeting of the Viewers to discuss the request of Ebenezer Baptist
Church to close a portion of Norwich Avenue (approved on May 27, 2014), the
Viewers also determined that there would be no public inconvenience as a result
of the closure and abandonment of the Burma Road right-of-way.
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:
The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City
shall be determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
Copies of the policy are available in the Planning Department.
VIRGINIA WESLEYAN COLLEGE
Page 2 of 2
submitted and approved for recordation prior to final street closure
approval.
3. The applicant shall verify that no private utilities exist within the right-of-
way proposed for closure. Preliminary comments from the utility
companies indicate that there are no private utilities within the right-of-way
proposed for closure. If private utilities do exist, easements satisfactory to
the utility company, must be provided.
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.
¦ Attachments:
Staff Report and Disclosure Statements
Minutes of Planning Commission Hearing
Ordinance
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department
City Manager: V . "
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Virginia Wesleyan Gollege
Discontinuance, ciosure and abandQnrnent of an unimprpved
Right-of-way knpwn as Burma Road
Dlstr(ct 4
Bayside
July 9, 2014
CQNSENT
An applicatian of Virginia Wesleyan College for a discantinuance, closure and abandonment of
Burma Road, District 4, Bayside. GPIN: 14589596620000.
CONPITIONS
1. The City Attorney's Office will rnake the final determination regarding ownership of the
underlying fee, The purchase price ta be paid fio the City shell be determined according to
the "Policy Regarding Purchase of City's Interest in Streets Pursuanfi to Street Closures,"
appraved by City Cauncil. Copies oF the policy are avaitable in the Planning Qepartment.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the
closed area into the adjoining parcels. The plat must be submitted and approved for
recordation prfor ta final street closure approval.
3. TMe applicant shall verify that no private utilities exist within the right-ofi-way praposed for
closure. Preliminary comments from the utility companies indicate that there are no private
utilities within the right-af-way proposed for closure. If private utilities do exist, easements
satisfactory to the utllity company, must be provided.
4. Glosure of the right-of-way shall be contin$ent upon Gompl(ance with fihe abave stated
Gonditions within 365 days of appraval by City Council. !f the canditians noted above are not
accamplished and the flnal plat is not appraved within one year of ths City Cauncil vote to
ctose the right-of-way this approval shall be cansidered null and void.
A motian was made by Cammissioner Hadgsan and seconded by Commissioner Horsley to
approve item 1$.
AYE 11 NAY 0 ABS Q ABSENT 0
BROCKWELL AYE
HOpGSC}N AYE
H4RSl.EY AYE
INMAN AYE
Item #18
Virginia Wesleyan College
Page 2
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THC)RNTON AYE
WEINER AYE
By a vote af 11-0, the Gommissian approved item 18 for consent.
15ACONTACT INFORMATION
Applicant's Name: 1?ir??1,t1t,4
StreetAddress;_
City/State/Zip: i?`tr? ls?`•vi?? VfJ
Telephone: Fax:
E-mail: g 1'.4t.4t`r/1?11il ?'- v l.f c h i4_
Applicant's Representative: '?aLc?
Street Address: /1? ZWof??/,? L )ie& Z/ =
CitytState/Zip: 1/4- 2:3 y"5
Telephone: -,??,'7 Fax: _7s"7 YG% ?44414
E-mail: ?='?u?'?-1?.?.??`? ?fG?1L:-.:-• L-- ba..-
DESCRIPTION OF PROPERTY
Street Name & Location af Proposed Closure:
41611L111 &01y,.?t?-` r?e,,i6 bt3
? . 3 , jd' &,
Land Area (in acres or square feet): , 3Ys' tc46 t_ AICUZ Zone: ?e.s3 ;WAAt &.!' b,;;i_
City Council Election District: ?&?/S1btF
DESGRIPTlON (?F ADJACENT PROPERTiES
List *GPIN Number, Owner Name, Address, and Existing Zoning of all Adjacent
Properties befow: (continue an nexf page or attach pages if necessary)
AVtri'Gir1.'lr}- L;HStFujt:-oL.EcG-r )ii, %-31 /jC3
/r 1?3 3 ,f.? ?1)? ir r0l_ ?. x
BiihAk-i.?IA
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DECLARATION OF FINANCiAL RESPONSIBILITY FOR ADVERTISING GOSTS:
I understand tha# the cost of newspaper advertising for public hearing notification purposes is my responsibility and agree to pay alf
notices of payment due and bills ass d with adve costs for this a lication.
Party responsible for advertising costs:?Applicant ?RepresentativeOwner
(Bil1 will be meiled to party respansible for adverfising cost)
Street Cfosure Apptication
Page 7 of 10
Revised 11/112013
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APPLICATION
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Please explain the reason for the street closure and provide any additional infarmation
that may be useful in the review af this applicatian (attach additional pages if
necessary).
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Street Closure Application
Page 8 of 90
Revised 1111f2013
D?ISCLOSURE STATEMENT
APPLICANT DISCLOSURE
ff the applicant is a corporation, partnership, firm, bUSln@55, or other unincorporated
organization; compiete #he fallawing:
1. List the applicant name followed by the names of all ofFicers, members, trustees,
partners, etc. belaw: (Attach lrst if necessary)
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach Gst if necessary)
.,J 1A-
? Check here if the applicant is NOT a corporation, partnership, firm, business, ar
other unincarparated organization.
See next page far footnotes
Street Closure Application
Page 9 nf 10
Revised 1 i/1/2013
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DISCLOSURE STATEMENT
ADDtTIC1NAL 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)
N
'"Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the vating
power af 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 contro!ling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that shauld 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 ar commingied funds or assets, the
business entities share the use af the same offices or empioyees 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 F
22-3101.
CERTIFICATION: 1 certify #hat #he infarmation contained herein is true and accurate.
I understand that, upon receipt of nofification (postcard) that the application has been scheduled for
public hearing, ( am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according ta the instructions in this package. The
undersigned afsa consents to entry upon the subject property by emplayees of the Department of
Planning to photograp"nd view the site for purposes of processing and evaluating this application.
Prin ame
Property Owner's Signature (if dif#erent than applicant) Print Name
Street Gosnre Application
Page 10 of 10
Revised 11/1(2013
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1 ORDINANCE APPROVING APPLICATION OF
2 VIRGINIA WESLEYAN COLLEGE FOR THE
3 CLOSURE OF A 15,036 +/- SQ. FT. PORTION
4 OF BURMA ROAD
5
6 WHEREAS, Virginia Wesleyan College (the "Applicant") applied to the
7 Council of the City of Virginia Beach, Virginia, to have the hereinafter described right-of-
8 way discontinued, closed, and vacated;
9
10 WHEREAS, a portion of the right-of-way (the "Right-of-Way") described
11 below, has remained unimproved and is no longer needed by the City for right-of-way or
12 other purposes;
13
14 WHEREAS, the Right-of-Way is located adjacent to the property known as
15 5900 Wesleyan Drive (GPIN 1458-95-9662) (the "College Property") owned by the
16 Applicant;
17
18 WHEREAS, the Applicant desires to combine the Right-of-Way with the
19 College Property in order to allow for additional parking for its students and faculty
20 and/or potential development;
21
22 WHEREAS, the Applicant has maintained the Right-of-Way for numerous
23 years; and
24
25 WHEREAS, it is the judgment of the Council that the Right-of-Way be
26 discontinued, closed, and vacated, subject to certain conditions having been met on or
27 before one (1) year from City Council's adoption of this Ordinance, and conveyed to
28 Virginia Wesleyan College in accordance with the conditions set forth below.
29
30 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
31 Virginia Beach, Virginia:
32
33 SECTION I
34
35 That the hereinafter described unimproved right-of-way be discontinued,
36 closed and vacated, subject to certain conditions being met on or before one (1) year
37 from City Council's adoption of this Ordinance:
38
39 All that certain piece or parcel of land situate, lying and being
40 in the City of Virginia Beach, Virginia, designated and
41 described as "FORMER RIGHT-OF-WAY OF BURMA
42 ROAD OWNERSHIP UNKNOWN AREA = 15,036.39 S.F. /
43 0.345 AC. (D.B. 1547 PGS. 467-468) (M.B. 113 PG. 22)" as
44 shown on that certain exhibit entitled "BOUNDARY SURVEY
45
NO GPIN (RIGHT-OF-WAY)
ADJACENT TO GPIN: 1458-95-9662
46 OF LOTS 19, 26, 27, 28, 29, L& J SITES AND A PORTION
47 OF THE "VIRGINIA WESLEYAN COLLEGE SITE"
48 STANDING IN THE NAME OF VIRGINIA WESLEYAN
49 COLLEGE LOCATED IN THE BAYSIDE DISTRICT CITY
50 OF VIRGINIA BEACH, VIRGINIA," Scale: 1"=100', dated
51 June 27, 2003, prepared by LandTech Resources, Inc., a
52 copy of which is attached hereto as Exhibit A.
53
54 SECTION II
55
56 The following conditions must be met on or before one (1) year from City
57 Council's adoption of this Ordinance:
58
59 1. The City Attorney's Office will make the final determination
60 regarding ownership of the underlying fee. The purchase price to be paid to the City is
61 normally determined according to the "Policy Regarding Purchase of City's Interest in
62 Streets Pursuant to Street Closures," approved by City Council. Copies of said policy
63 are available in the Planning Department.
64
65 2. The Applicant shall resubdivide the property and vacate internal lot
66 lines to incorporate the closed area into the adjoining parcel. The plat must be
67 submitted and approved for recordation prior to final street closure approval.
68
69 3. The Applicant shall verify that no private utilities exist within the
70 right-of-way proposed for closure. Preliminary comments from the utility companies
71 indicate that there are no private utilities within the right-of-way proposed for closure. If
72 private utilities do exist, easements satisfactory to the utility company must be provided.
73
74 4. Closure of the right-of-way shall be contingent upon compliance
75 with the above stated conditions within 365 days of approval by City Council. If the
76 conditions noted above are not accomplished and the final plat is not approved within
77 one year of the City Council vote to close the right-of-way this approval shall be
78 considered null and void.
79
80 SECTION III
81
82 1. If the preceding conditions are not fulfilled on or before September 3,
83 2015, this Ordinance will be deemed null and void without further action by the City
84 Council.
85
86 2. If all conditions are met on or before September 3, 2015, the date of
87 final closure is the date the street closure ordinance is recorded by the City Attorney.
88
89 3. The City Manager or his designee is authorized to execute whatever
90 documents are necessary to convey the City's interest in the underlying fee to Virginia
2
91 Wesleyan College in accordance with the conditions in Section II, provided said
92 documents are approved by the City Attorney's Office.
93
94 SECTION IV
95
96 A certified copy of this Ordinance shall be filed in the Clerk's Office of the
97 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY
98 OF VIRGINIA BEACH as "Grantor" and VIRGINIA WESLEYAN COLLEGE, as
99 "Grantee."
100
101 Adopted by the Council of the City of Virginia Beach, Virginia, on this
102 day of 12014.
103
APPROVED AS TO LEGAL
SUFFICIENCY:
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Plann
ENT:
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS
OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL
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CITY OF VIRGINIA BEACH
AGENDAITEM
ITEM: SUNDIN DENTAL CENTER, LLC (Applicant / Owner), Modification of
ProfFers of a Conditional Change of Zoning (approved 1/23/2001). 1385
Laskin Road (GPIN 2417290029). COUNCIL DISTRICT - BEACH.
MEETING DATE: September 2, 2014
¦ Background:
The City Council approved a Change of Zoning for the subject site from 0-2
Office District to Conditional B-2 Community Business District on January 23,
2001. The purpose of that zoning change was to permit use of 900 square feet of
the 4,850 square foot office building as a wholesale antique furniture and
decorative arts business. The dental office continued operation in the remainder
of the building.
¦ Considerations:
The dental operation now occupies the entire first floor of the building leaving a
vacant, leasable area on the second floor, adjacent to the wholesale antique
business. The applicant desires to lease this area to an office user that, if not for
the proffer limiting the use of the building, would be allowed as a matter of right in
the B-2 Business District. Additionally, the applicant also wants the opportunity to
use the area of the building currently being used by the antique business for
other uses permitted in the B-2 Business District. This part of the request will not
be triggered until the antique business closes or ceases to operate. The
proposed changes to the 2001 proffers will allow the applicant to use the building
as described.
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 proffers submitted by the applicant:
PROFFER 1:
Approximately 900 square feet of the 4,854 total square feet of the building
situate upon the Property will be used to operate a wholesale business now
known as "Thee and Me Antiques", formerly known as "Dealers Choice
Antiques", which will sell antique furniture and decorative arts to other dealers
and decorators. The said antique business will be open by appointment only.
SUNDIN DENTAL CENTER
Page 2 of 3
In the event that the said antique business closes or relocates to another
property, then and in that event, the space formerly used by the antique
business shall be used for any purpose listed as a permitted use under the B-
2 zoning classification.
PROFFER 2:
The remainder of the space located on the second floor of the building situate
upon the Property may be used to operate one of the following permitted
uses, it being the intention of the Grantor to lease the remaining space to a
third party tenant: (i) Building mounted antennas meeting the requirements of
Section 207 of the CZO; (ii) Business studios, offices and clinics; (iii) Child
care and child care education centers; (iv) Communication towers meeting the
requirements of Section 2320) of the CZO; (v) Drugstores, beauty shops and
barbershops and other similar personal service establishments; (vi) Eating
and drinking establishments with drive-through windows; (vii) Eating and
drinking establishments without drive-through windows; (viii) Banks; (ix)
Florists, gift shops and stationery stores; (xi) Funeral homes; (xii) Furniture
repair and upholstering, repair services for radio and television and household
appliances and other than those with gasoline engines; carpet and linoleum
laying; tile setting, sign shops and other small service businesses; (xiii)
Greenhouses and plant nurseries; (xix) Grocery stores, carry-out food stores
and convenience stores all being both freestanding and in a structure with a
gross floor area of less than five thousand (5,000) square feet; (xv) Grocery
stores, carry-out food stores and convenience stores whether or not
freestanding but in a structure with a gross floor area of less than five
thousand (5,000) square feet; (xvi) Grocery stores, carry-out food stores and
convenience stores any of which are not freestanding but in a structure with a
gross floor area of less than five thousand (5,000) square feet; (xvii)
Laboratires and establishments for the production and repair of eye glasses,
hearing aids and prosthetic devices; (xviii) Laundry and cleaning agencies;
(xix) Liquor stores, package only; (xx) Medical and dental offices and clinics;
(xxi) Medical laboratories; (xxii) Museums and art galleries; (xxiii) Newspaper
printing and publishing, job and commercial printing; (xxix) Off-site parking
facilities, subject to the provisions of subsection (c)X of the CZO; (xxv)
Outdoor cafes; (xxvi) Outdoor plazas; (xxvii) Personal service establishments,
other than those listed separately; (xxviii) Public buildings and grounds; (xxix)
Public utilities installations and substations provided storage and maintenance
facilities shall not be permitted; and provided further that utilities substations,
other than individual transformers, shall be surrounded by Category IV
screening solid except for entrances and exits; and provided also, transformer
vaults for underground utilities and the like shall require only Category I
screening, solid except for access openings; (xxx) Public utility offices; (xxxi)
Recreational facilities other than those of an outdoor nature, with a maximum
floor area of 7,500 square feet; (xxxii) Religious uses with a maximum floor
area of 4,000 square feet; (xxxiii) Repair and sales for radio and television and
other household appliances and small business machines; (xxxiv) Retail
SUNDIN DENTAL CENTER
Page 3 of 3
establishments, other than those listed separately, including the incidental
manufacturing of goods for sale only at retail on the premises; retail sales and
display rooms and lots, provided that yards for storage of new or used building
materials or yards for any scrap or salvage operations or for storage or display
of any scrap, salvage or secondhand building materials or automobile parts
shall not be allowed, further provided that adult book stores shall be prohibited
from locating within five hundred (500) feet of any apartment or residential
district, single or multiple family dwelling, church, park or school; (xxxv)
Specialty shops; (xxxvi) Wholesaling and distribution operations, provided that
such operations do not involve the use of more than finro thousand (2,000)
square feet of floor area for storage of wares to be sold at wholesale or to be
distributed, or any vehicle rated at more than one and one-half (1.5) tons, or a
total of more than five (5) delivery vehicles; (xxxvii) Wind energy conversion
systems, freestanding, except as further provided in the CZO; and (xxxviii)
Wind energy conversion systems, roof-mounted, except as further provided in
the CZO.
PROFFER 3:
No chemicals will be stored outside on the Property as the Property is located
within the Resource Protection Area.
PROFFER 4:
This Amended and Restated Proffer Agreement replaces the Proffer
Agreement previously recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Deed Book 4354, at page 277.
PROFFER 5:
Further lawful conditions or restrictions against the Property may be required
by Grantee during the review of the Modification of Conditions Application and
during review and administration of applicable codes and regulations of
Grantee by all appropriate agencies and departments of Grantee, which shall
be observed or performed by Grantor. Grantor acknowledges that additional
further lawful conditions or restrictions may be imposed by Grantee as a
condition of approvals.
¦ Attachments:
Staff Report and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agenc : Planning Department
City Manager: Y
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D2
July 9, 2014 Public Hearing
APPLICANT & PROPERTY OWNER:
THE SUNDIN
DENTAL CENTER,
LLC
STAFF PLANNER: Carolyn A.K. Smith
REQUEST:
Modification of Conditional Chanqe of ZoninQ approved by the City Council on January 23, 2001.
ADDRESS / DESCRIPTION: 1365 Laskin Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24172900290000 BEACH 20,500 square feet Greater than 75 dB
DNL
BACKGROUND / DETAILS OF PROPOSAL
Backaround
The Conditional Rezoning from 0-2 Office District to Conditional B-2 Community Business District was
approved by the City Council on January 23, 2001. This request permitted the conversion of a portion of
an existing 4,850 square foot office building for use as a wholesale antique furniture and decorative arts
business. The Conditional Rezoning has one proffer, listed below, that limits 900 square feet of the
building for use solely by a wholesale antique sales operation and limits the remainder of the building for
use solely as a dentist office.
2001 Proffer Agreement:
1. Approximately 900 square feet of the 4,854 total square feet of the building on the Property will
be used to operate a wholesale business known as "Dealers' Choice Antiques" ("new business")
which will sell antique furniture and decorative items to other dealers and decorators. The new
business will be open by appointment only. The remaining office space shall continue to be used
as dental offices.
Details
The existing dental operation now occupies the entire first floor of the building leaving a vacant, leasable
area on the second floor, adjacent to the wholesale antique business. The applicant would like to lease
THE SUNDIN DENTAL CENTER, LLC
Agenda Item D2
Page 1
this area to an office user that, if not for the limiting proffer, would be allowed as a matter of right in the
B-2 Business District. In addition, in the event that the antique operation vacates the building, the
applicant would like to remove the existing limitation on 900 square feet of the building and now allow
more uses within the building permitted in the B-2 Business District.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Dental office and wholesale antique business
SURROUNDING LAND North: . Laskin Road
USE AND ZONING: . Single family dwellings / R-20 Residential District
South: . Preschool / 0-2 Office District
East: . Offices / 0-2 Office District
West: . Offices / 0-2 Office District
NATURAL RESOURCE AND The property is located within the Chesapeake Bay watershed. The
CULTURAL FEATURES: rear of the property is within the 100-year floodplain and the
southern property line is within Lake Fremac. The site is
predominately impervious as there is an existing building and
parking lot on the approximately 20,000 square foot lot.
COMPREHENSIVE PLAN: The Hilltop SGA Master Plan was adopted by reference in the
Comprehensive Plan on August 28, 2012. The Ptan's vision is to transform this area into "a convenient,
regional retail destination within close proximity to the beach." Specifically for this location, the Plan calls
for non-residential mixed use: "a mixture of retail, office, and other non-residential uses."
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Laskin
Road is a four-lane major urban arterial. The VDOT Laskin Road Phase I, which is currently unfunded for
construction, will widen Laskin Road to six lanes and remove the feeder road in front of this site. The site
will have a direct access point to Laskin Road after completion of this project.
TRAFFIC: Present
Street Name Present Capacity Generated Traffic
Volume
Laskin Road 32,300 ADT 27,300 ADT (Level of Existing Land Use -
Service "D") - 31,700 131 ADT
ADT' (Level of Service Proposed Land Use 3-
"E" 148 ADT
Average Daily Trips
2 as defined b dental office and furniture store
THE SUNDIN DENTAL CENTER, LLC
Agenda Item D2
Page 2
as defined by a dental office, furniture store and office
WATER & SEWER: This site is already connected to both City water and sewer. There is no anticipated
impact expected with this request.
EVALUATION AND RECOMMENDATION
As desired by the applicant in 2001, the existing proffer agreement limits 900 square feet of the existing
building for use solely by a wholesale antique sales operation and restricts the remainder of the building
for use solely as a dentist office. As the applicant wishes to offer a portion of the building to another
tenant, specifically a pest control business, a modification to the existing proffers is required. If not for the
existing limiting proffer agreement, this office use could operate on this site as a matter of right. This
request does not represent a significant departure from the existing office uses on this site and is
consistent with the Hilltop Strategic Growth Area Plan recommendation for non-residential mixed use: "a
mixture of retail, office, and other non-residential uses."
Staff recommends approval of this request with the submitted proffers. The proffers are provided below.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).
The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(§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:
Approximately 900 square feet of the 4,854 total square feet of the building situate upon the Property will
be used to operate a wholesale business now known as "Thee and Me Antiques", formerly known as
"Dealers Choice Antiques", which will sell antique furniture and decorative arts to other dealers and
decorators. The said antique business will be open by appointment only. In the event that the said
antique business closes or relocates to another property, then and in that event, the space formerly used
by the antique business shall be used for any purpose listed as a permitted use under the B-2 zoning
classification.
PROFFER 2:
The remainder of the space located on the second floor of the building situate upon the Property may be
used to operate one of the following permitted uses, it being the intention of the Grantor to lease the
remaining space to a third party tenant: (i) Building mounted antennas meeting the requirements of
Section 207 of the CZO; (ii) Business studios, offices and clinics; (iii) Child care and child care education
centers; (iv) Communication towers meeting the requirements of Section 232(j) of the CZO; (v) Drugstores,
beauty shops and barbershops and other similar personal service establishments; (vi) Eating and drinking
establishments with drive-through windows; (vii) Eating and drinking establishments without drive-through
THE SUNDIN DENTAL CENTER, LLC
Agenda Item D2
Page 3
windows; (viii) Banks; (ix) Florists, gift shops and stationery stores; (xi) Funeral homes; (xii) Furniture
repair and upholstering, repair services for radio and television and household appliances and other than
those with gasoline engines; carpet and linoleum laying; tile setting, sign shops and other small service
businesses; (xiii) Greenhouses and plant nurseries; (xix) Grocery stores, carry-out food stores and
convenience stores all being both freestanding and in a structure with a gross floor area of less than five
thousand (5,000) square feet; (xv) Grocery stores, carry-out food stores and convenience stores whether
or not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet;
(xvi) Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but in
a structure with a gross floor area of less than five thousand (5,000) square feet; (xvii) Laboratires and
establishments for the production and repair of eye glasses, hearing aids and prosthetic devices; (xviii)
Laundry and cleaning agencies; (xix) Liquor stores, package only; (xx) Medical and dental offices and
clinics; (xxi) Medical laboratories; (xxii) Museums and art galleries; (xxiii) Newspaper printing and
publishing, job and commercial printing; (xxix) Off-site parking facilities, subject to the provisions of
subsection (c)X of the CZO; (xxv) Outdoor cafes; (xxvi) Outdoor plazas; (xxvii) Personal service
establishments, other than those listed separately; (xxviii) Public buildings and grounds; (xxix) Public
utilities installations and substations provided storage and maintenance facilities shall not be permitted;
and provided further that utilities substations, other than individual transformers, shall be surrounded by
Category IV screening solid except for entrances and exits; and provided also, transformer vaults for
underground utilities and the like shall require only Category I screening, solid except for access openings;
(xxx) Public utility offices; (xxxi) Recreational facilities other than those of an outdoor nature, with a
maximum floor area of 7,500 square feet; (xxxii) Religious uses with a maximum floor area of 4,000 square
feet; (xxxiii) Repair and sales for radio and television and other household appliances and small business
machines; (xxxiv) Retail establishments, other than those listed separately, including the incidental
manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots,
provided that yards for storage of new or used building materials or yards for any scrap or salvage
operations or for storage or display of any scrap, salvage or secondhand building materials or automobile
parts shall not be allowed, further provided that adult book stores shall be prohibited from locating within
five hundred (500) feet of any apartment or residential district, single or multiple family dwelling, church,
park or school; (xxxv) Specialty shops; (xxxvi) Wholesaling and distribution operations, provided that such
operations do not involve the use of more than two thousand (2,000) square feet of floor area for storage
of wares to be sold at wholesale or to be distributed, or any vehicle rated at more than one and one-half
(1.5) tons, or a total of more than five (5) delivery vehicles; (xxxvii) Wind energy conversion systems,
freestanding, except as further provided in the CZO; and (xxxviii) Wind energy conversion systems, roof-
mounted, except as further provided in the CZO.
PROFFER 3:
No chemicals will be stored outside on the Property as the Property is located within the Resource
Protection Area.
PROFFER 4:
This Amended and Restated Proffer Agreement replaces the Proffer Agreement previously recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4354, at page 277.
PROFFER 5:
Further lawful conditions or restrictions against the Property may be required by Grantee during the review
of the Modification of Conditions Application and during review and administration of applicable codes and
regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed
or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions
may be imposed by Grantee as a condition of approvals.
STAFF COMMENTS:
The revised proffers are acceptable as the uses permitted have been expanded while maintaining the
character of the building and surrounding area, thereby reducing the need for additional modifications to
THE SUNDIN DENTAL .CEN`TER,'LLC
Agenda Item; D2
' Page 4
the agreement in the future
The City Attorney's Office has reviewed the proffer agreement dated June 4, 2014, and found it to be
legally sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicab/e City Ordinances
and Standards. Any site p/an submitted with this application may require revision during detailed
site plan review to meet all applicab/e City Codes and Standards. All applicab/e permits required by
fhe City Code, including those administered by the Department of P/anning / Deve%pment Services
Center and Department of P/anning / Permits and lnspections Division, and the issuance of a
Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid.
The applicant is encouraged to contact and work with the Crime Prevention Offi'ce within the Police
Department for crime prevention techniques and Crime Prevention Through Environmenta/ Design
(CPTED) concepts and strategies as they perfain to this site.
THE SUNDIN DENTAL CENT-ER, LLC
Agenda Item' D2
Page 5
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THE SUNDIN DENTAL CENTER, LLC
Agenda Item D2
Page 7
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THE SUNDIN DENTAL CENTER, LLC ?
Agenda Item D2 '
Page 8 '
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The Sundin Dental Center, L.L.C
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ZONING HISTORY
# DATE REQUEST ACTION
1 01/23/00 Rezonin 0-2 to Conditional B-2 Granted
2 02/10/98 Rezonin 0-2 to Conditional B-1A Granted
THE SUNDIN DENTAL CENTER, LLC
Agenda Item D2
Page 9
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APPI.ICANT 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)
T6e S+M i AJlan C.
10.
2. List all businesses that have a parent-subsidiary' or affiliated business entityZ
relationship with the applicant: (Atfach lisf if necessary)
nJ /A
1
? 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 e corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the properiy owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Atfach list if necessary)
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Aftach lisf if necessary)
IJ/A_
? Check here if the properiy owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& See next page for footnotes
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Does an official or em loyee of the City of Virginia Beach have an interest in the
subject land? Yes No R
If yes, what is the name of the official or employee and the nature of their interest?
f11,4
AArxiifiratinn nf ('nnrlitinna Annlirafinn
DISCLOSURE STATEMENT
THE SUNDIN DENTAL,dENTER;"L LC
Agenda Iterri D2
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)
c ohr? ln/. A"ctiardson anol jl?avf'ma,i an ('anvl.es
'"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 entiry 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 notificat+on (postcard) that the apptication has been scheduled for
public hearing, t am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the schedufed 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 p oses of processing and evaluating this application.
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Property Owner's ' at re {if different than applicant) Print Name
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DISCLOSURE STATEMENT
THE SUNDIN DENTAL CENTER, LLC
Agenda Item D2
Page 11
Item #D2
The Sundin Dental Center
Modification of Conditions
1385 Laskin Road
District 6
Beach
July 9, 2014
CONSENT
An application of The Sundin Dental Center for a Modification of Conditional Change of Zoning
approved by the City Council on January 23, 2001 on property located at 1365 Laskin Road,
District 6, Beach. GPIN: 24172900290000.
PROFFERS
PROFFER 1:
Approximately 900 square feet of the 4,854 total square feet of the building situate upon the
Property will be used to operate a wholesale business now known as "Thee and Me Antiques"
formerly known as "Dealers Choice Antiques", which will sell antique furniture and decorative
arts to other dealers and decorators. The said antique business will be open by appointment
only. In the event that the said antique business closes or relocates to another property, then
and in that event, the space formerly used by the antique business shall be used for any
purpose listed as a permitted use under the B-2 zoning classification.
PROFFER 2:
The remainder of the space located on the second floor of the building situate upon the
Property may be used to operate one of the following permitted uses, it being the intention of
the Grantor to lease the remaining space to a third party tenant: (i) Building mounted antennas
meeting the requirements of Section 207 of the CZO; (ii) Business studios, offices and clinics;
(iii) Child care and child care education centers; (iv) Communication towers meeting the
requirements of Section 232(j) of the CZO; (v) Drugstores, beauty shops and barbershops and
other similar personal service establishments; (vi) Eating and drinking establishments with
drive-through windows; (vii) Eating and drinking establishments without drive-through
windows; (viii) Banks; (ix) Florists, gift shops and stationery stores; (xi) Funeral homes; (xii)
Furniture repair and upholstering, repair services for radio and television and household
appliances and other than those with gasoline engines; carpet and linoleum laying; tile setting,
sign shops and other small service businesses; (xiii) Greenhouses and plant nurseries; (xix)
Grocery stores, carry-out food stores and convenience stores all being both freestanding and in
a structure with a gross floor area of less than five thousand (5,000) square feet; (xv) Grocery
stores, carry-out food stores and convenience stores whether or not freestanding but in a
structure with a gross floor area of less than five thousand (5,000) square feet; (xvi) Grocery
stores, carry-out food stores and convenience stores any of which are not freestanding but in a
Item #D2
The Sundin Dental Center
Page 2
structure with a gross floor area of less than five thousand (5,000) square feet; (xvii)
Laboratories and establishments for the production and repair of eye glasses, hearing aids and
prosthetic devices; (xviii) Laundry and cleaning agencies; (xix) Liquor stores, package only; (xx)
Medicai and dental offices and clinics; (xxi) Medical laboratories; (xxii) Museums and art
galleries; (xxiii) Newspaper printing and publishing, job and commercial printing; (xxix) Off-site
parking facilities, subject to the provisions of subsection (c)X of the CZO; (xxv) Outdoor cafes;
(xxvi) Outdoor plazas; (xxvii) Personal service establishments, other than those listed
separately; (xxviii) Public buildings and grounds; (xxix) Public utilities installations and
substations provided storage and maintenance facilities shall not be permitted; and provided
further that utilities substations, other than individual transformers, shall be surrounded by
Category IV screening solid except for entrances and exits; and provided also, transformer
vaults for underground utilities and the like shall require only Category I screening, solid except
for access openings; (xxx) Public utility offices; (xxxi) Recreational facilities other than those of
an outdoor nature, with a maximum floor area of 7,500 square feet; (xxxii) Religious uses with a
maximum floor area of 4,000 square feet; (xxxiii) Repair and sales for radio and television and
other household appliances and small business machines; (xxxiv) Retail establishments, other
than those listed separately, including the incidental manufacturing of goods for sale only at
retail on the premises; retail sales and display rooms and lots, provided that yards for storage of
new or used building materials or yards for any scrap or salvage operations or for storage or
display of any scrap, salvage or secondhand building materials or automobile parts shall not be
allowed, further provided that adult book stores shall be prohibited from locating within five
hundred (500) feet of any apartment or residential district, single or multiple family dwelling,
church, park or school; (xxxv) Specialty shops; (xxxvi) Wholesaling and distribution operations,
provided that such operations do not involve the use of more than two thousand (2,000)
square feet of floor area for storage of wares to be sold at wholesale or to be distributed, or
any vehicle rated at more than one and one-half (1.5) tons, or a total of more than five (5)
delivery vehicles; (xxxvii) Wind energy conversion systems, freestanding, except as further
provided in the CZO; and (xxxviii) Wind energy conversion systems, roof-mounted, except as
further provided in the CZO.
PROFFER 3:
No chemicals will be stored outside on the Property as the Property is located within the
Resource Protection Area.
PROFFER 4:
This Amended and Restated Proffer Agreement replaces the Proffer Agreement previously
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed
Book 4354, at page 277.
PROFFER 5:
Further lawful conditions or restrictions against the Property may be required by Grantee
during the review of the Modification of Conditions Application and during review and
Item #D2
The Sundin Dental Center
Page 3
administration of appiicable codes and regulations of Grantee by all appropriate agencies and
departments of Grantee, which shall be observed or performed by Grantor. Grantor
acknowledges that additional further lawful conditions or restrictions may be imposed by
Grantee as a condition of approvals.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to
approve item D2.
AYE 11 NAY 0
ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
I N MAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUS50 AYE
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commission recommended approval of item D2 by consent.
The applicant Betty Sundin appeared before the Commission.
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CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-8997
T : Mark D. Stiles
4m: B. Kay Wilson
DATE: August 20, 2014
DEPT: City Attorney
DEPT: City Attorney
RE: Modification of Conditional Change of Zoning; The Sundin Dental Center,
LLC
The above-referenced modification of conditional change of zoning application is
scheduled to be heard by the City Council on September 2, 2014. I have reviewed the
subject proffer agreement, dated July 9, 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/ks
Enclosure
cc: Kathleen Hassen
AMENDED AND RESTATED PROFFER AGREEMENT
THIS AMENDED AND RESTATED PROFFER AGREEMENT ("Agreement")
made this 9th day of July, 2014, by and between THE SUNDIN DENTAL CENTER, L.L.C., a
Virginia limited liability company (the "Grantor"); and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia (the "Grantee"), with an address of
2425 Nimmo Parkway, Virginia Beach, VA 23456.
RECITALS
A. Grantor is the owner of a certain parcel of property located in the City of Virginia
Beach, Virginia located at 1385 Laskin Road, Virginia Beach, Virginia 23451 and being more
fully described on "Exhibit A" (the "Property")
B. The existing proffers applicable to the Property are dated August 15, 2000 and
were approved by City Council on December 13, 2000 and were recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4354 at page 277 (the
"Existing Proffers") .
C. Grantor has requested approval of this Amended and Restated Proffer Agreement
in order to modify the existing proffers to allow for more uses on the Property.
D. Grantee's policy is to provide for the orderly development of land for various
purposes, including commercial purposes, through zoning and other land development
legislation.
Prepared by:
John W. Richardson, Attorney at Law GPIN NO. 2417-29-0029-0000
Kaufman & Canoles, P.C.
2101 Parks Avenue
Suite 700
Virginia Beach, VA 23451
E. Grantor desires to offer the City of Virginia Beach certain conditions for the
enhancement of the community and to provide for the highest quality and orderly development
of the Property.
F. The conditions outlined in this Agreement have been proffered by Grantor and
allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance
("CZO") and the Zoning Map. These conditions shall continue in full force and effect until a
subsequent amendment changes the zoning of the Property; provided, however, that such
conditions shall continue if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance of Grantee.
NOW, THEREFORE, for and in consideration of the approval and acceptance by the
City of Virginia Beach (the "City") of this Amended and Restated Proffer Agreement, Grantor
agrees that it will meet and comply with all of the following conditions, in developing the
Property, superseding the Existing Proffers. In the event the requested amendment to the
Existing Proffers is not granted by the City, these Amended and Restated Proffers shall
thereupon become null and void. Grantor, its heirs, successors, assigns, grantees and other
successors in title or interest to the Property, voluntarily and without any requirement by or
exaction from Grantee or its governing body and without any element or compulsion or quid pro
quo for zoning, rezoning, site plan, building permit or subdivision approval, makes the foregoing
declaration of conditions and restrictions governing the use and physical development and
operation of the Property, and covenants and agrees that this declaration and the further terms of
this Agreement shall constitute covenants running with the Property, which shall be binding
upon the Property, and upon all persons and entities claiming under or through the Grantor, its
2
heirs, successors and assigns, grantees and other successors in interest or title to the Property;
namely:
CONDITIONS
1. Approximately 900 square feet of the 4,854 total square feet of the building
situate upon the Property will be used to operate a wholesale business now known as "Thee and
Me Antiques", formerly known as "Dealers Choice Antiques", which will sell antique furniture
and decorative arts to other dealers and decorators. The said antique business will be open by
appointment only. In the event that the said antique business closes or relocates to another
property, then and in that event, the space formerly used by the antique business shall be used for
any purpose listed as a permitted use under the B-2 zoning classification.
2. Other than the existing medical/dental office that was in existence prior to the
adoption of Section 1804 of the City of Virginia Beach Zoning Ordinance, the remainder of the
space in the building shall be uses permitted in accordance with the City of Virginia Beach
Zoning Ordinance and shall be further limited to: (i) Building mounted antennas meeting the
requirements of Section 207 of the CZO; (ii) Business studios and offices; (iii) Communication
towers meeting the requirements of Section 2320) of the CZO; (iv) Drugstores, beauty shops and
barbershops and other similar personal service establishments; (v) Eating and drinking
establishments with drive-through windows; (vi) Eating and drinking establishments without
drive-through windows; (vii) Banks; (viii) Florists, gift shops and stationery stores; (ix) Funeral
homes; (x) Furniture repair and upholstering, repair services for radio and television and
household appliances and other than those with gasoline engines; carpet and linoleum laying; tile
setting, sign shops and other small service businesses; (xi) Greenhouses and plant nurseries; (xii)
Grocery stores, carry-out food stores and convenience stores all being both freestanding and in a
structure with a gross floor area of less than five thousand (5,000) square feet; (xiii) Grocery
3
stores, carry-out food stores and convenience stores whether or not freestanding but in a structure
with a gross floor area of less than five thousand (5,000) square feet; (xiv) Grocery stores, carry-
out food stores and convenience stores any of which are not freestanding but in a structure with a
gross floor area of less than five thousand (5,000) square feet; (xv) Laboratires and
establishments for the production and repair of eye glasses, hearing aids and prosthetic devices;
(xvi) Laundry and cleaning agencies; (xvii) Liquor stores, package only; (xviii) Newspaper
printing and publishing, job and commercial printing; (xix) Off-site parking facilities, subject to
the provisions of subsection (c)X of the CZO; (xx) Outdoor cafes; (xxi) Outdoor plazas; (xxii)
Personal service establishments, other than those listed separately; (xxiii) Public buildings and
grounds; (xxiv) Public utilities installations and substations provided storage and maintenance
facilities shall not be permitted; and provided further that utilities substations, other than
individual transformers, shall be surrounded by Category IV screening solid except for entrances
and exits; and provided also, transformer vaults for underground utilities and the like shall
require only Category I screening, solid except for access openings; (xxv) Public utility offices;
(xxvi) Recreational facilities other than those of an outdoor nature, with a maximum floor area of
7,500 square feet; (xxvii) Repair and sales for radio and television and other household
appliances and small business machines; (xxviii) Retail establishments, other than those listed
separately, including the incidental manufacturing of goods for sale only at retail on the
premises; retail sales and display rooms and lots, provided that yards for storage of new or used
building materials or yards for any scrap or salvage operations or for storage or display of any
scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further
provided that adult book stores shall be prohibited from locating within five hundred (500) feet
of any apartment or residential district, single or multiple family dwelling, church, park or
4
school; (xxix) Specialty shops; (xxx) Wholesaling and distribution operations, provided that such
operations do not involve the use of more than two thousand (2,000) square feet of floor area for
storage of wares to be sold at wholesale or to be distributed, or any vehicle rated at more than
one and one-half (1.5) tons, or a total of more than five (5) delivery vehicles; (xxxi) Wind energy
conversion systems, freestanding, except as further provided in the CZO; and (xxxii) Wind
energy conversion systems, roof-mounted, except as further provided in the CZO.
3. No chemicals will be stored outside on the Property as the Property is located
within the Resource Protection Area.
4. This Amended and Restated Proffer Agreement replaces the Proffer Agreement
previously recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Deed Book 4354, at page 277.
5. Further lawful conditions or restrictions against the Property may be required by
Grantee during the review of the Modification of Conditions Application and during review and
administration of applicable codes and regulations of Grantee by all appropriate agencies and
departments of Grantee, which shall be observed or performed by Grantor. Grantor
acknowledges that additional further lawful conditions or restrictions may be imposed by
Grantee as a condition of approvals.
6. All references hereinabove to zoning districts and to regulations applicable
thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date
the conditional rezoning amendment is approved by the Grantee.
7. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of
Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions
5
and restrictions specified in this Agreement, including (i) the ordering in writing of the
remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or
suit to ensure compliance with such conditions, including mandatory or prohibitory injunction,
abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all
conditions shall constitute cause to deny the issuance of any of the required building or
occupancy permits as may be appropriate; and (3) the Zoning Map shall show by an appropriate
symbol on the Map the existence of conditions attaching to the zoning of the subject Property on
the Map and that the ordinance and conditions may be made readily available and accessible for
public inspection in the office of the Zoning Administrator and in the Planning Department and
that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia and indexed in the name of the Grantor and Grantee.
[REMAINDER OF PAGE INTENTIONALLY
LEFT BLANK]
6
WITNESS the following signatures and seals:
THE SUNDI I)ENTAL CENTER, L.L.C.,
a Virgi ' 1' ' ed lia company
By. ?
Allan C. Sundin, Member/Manager
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, - FarQ -r 7A*r , the undersigned, a Notary Public in and for the City and State
a f o r esaid, do hereb y certif y that Allan C. Sundin, as Member and Manager of The Sundin Dental
Center, L.L.C., a Virginia limited liability company, has sworn to, subscribe d an d ac k now le dge d
the same before me in the City and State aforesaid, this 9th day of July, 2014, on behalf of said
' ited,liability company. He is _ personally known to me, or X has produced
? for identification purposes.
?
Notary #ullic
My commission expires:
Notary commission number: Cya y?
TARA T. DECKER
Notary Public
Commonwealth of Virginia
Registration # 192699
7
EXHIBIT A
LEGAL DESCRIPTION
ALL THAT certain lot, piece or parcel of land lying, situate and being in the City
of Virginia Beach, Virginia, and being known, numbered and designated as Lot
Two (2), as shown on that certain plat entitled "Fremac Lake Shores" made by
Frank H. Gay, C.E., dated September 1956, and duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book
42, at page 28.
13022940v3
!04 .
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CITY OF VIRGINIA BEACH
AGENDA ITEM .
ITEM: DIANA BUHRMANN (Applicant) / HOOPER MANAGEMENT CO. (Owner),
Conditional Use Permit (Family [Child] Daycare Home). 3245 Florence
Street (GPIN 1496093603). COUNCIL DISTRICT - BEACH.
MEETING DATE: September 2, 2014
¦ Background:
The applicant requests approval of a Conditional Use Permit for a Home Family
[Child] Daycare facility for a maximum of 12 children. The applicant currently
operates a childcare from her home, has the requisite City business license, and
is licensed by the Virginia Department of Social Services (DSS) for up to ten
children. Should the City Council approve the applicant's request, the applicant
will be required as a condition of approval to update her license with DSS for a
maximum of 12 children.
¦ Considerations:
The typical hours of operation are 7:00 a.m. to 6:00 p.m., Monday through
Friday. The applicant has been operating a daycare at this location for eight
years, utilizing one full-time assistant, and has an emergency backup as needed.
The applicant has a staggered schedule for parents and guardians to arrive and
depart with the children, which occurs in the driveway on the property.
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 home daycare shall be limited to a total of twelve (12) children, other
than children living in the home.
2. No more than one (1) person, other than the applicant, shall assist with
the operation of the Family Daycare Home at any one time.
3. The applicant shall stagger the arrival and departure times for the children
such that vehicular congestion is avoided.
DIANA BUHRMANN
Page 2 of 2
4. A sign, no greater than one square foot in size, identifying the daycare
home, may be installed on the house.
5. The applicant shall be licensed with the Commonwealth of Virginia for this
use for a maximum of twelve (12) children.
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's Office
for use of the house as a Family Daycare Home.
¦ Attachments:
Staff Report and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting Department/Agency: Planning Department
City Manager. ?.,, Z??o?
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July 9, 2014 Public Hearing
APPLICANT:
DIANA
BUHRMANN
PROPERTY OWNER:
HOOPER
MANAGEMENT
r?.,.xecoew..vww..o..sw.n?a? CUP for Momo famlly Oaycan CO ¦
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CHRISTOPHER
HOOPER
STAFF PLANNER: James McNamara & Carolyn A.K. Smith
REQUEST:
Conditional Use Permit (Home Occupation - Home Family Daycare)
ADDRESS / DESCRIPTION: 3245 Florence Street
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14960936030000 BEACH 8,872 square feet 70-75 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
Backaround
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 on the subject site, which is located
at the intersection of Dauphin Lane and Florence Street. According to the application, typical hours of
operation for the daycare are proposed as 7:00 a.m. to 6:00 p.m., Monday through Friday. The applicant
has been operating a daycare at this location for eight years, utilizing one full-time assistant and an
emergency backup as needed. According to the application, pick-up and drop-off times are staggered,
and the children are dropped-off and picked-up in driveway. She currently has a Virginia Beach Business
License and is licensed by the Virginia Department of Social Services for up to ten children. As a
condition of approval, the applicant will be required to update her license with Social Services for up to 12
children.
DIANA BUHRMANN
Agenda Item 3
Page 1
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Single-family dwelling
SURROUNDING LAND North: . Florence Street
USE AND ZONING: • Single-family dwellings / R-7.5 Residential District
South: • Single-family dwellings / R-7.5 Residential District
• Lark Street
East: . Single-family dwellings / R-7.5 Residential District
West: . Dauphin Lane
• Single-family dwellings / R-7.5 Residential District
NATURAL RESOURCE AND This property is in the Chesapeake Bay Watershed. There are no
CULTURAL FEATURES: known cultural or significant environmental features on the
property.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban
Area. The general planning principles for the Suburban Area focus on preserving and protecting the
overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning
principles have been established in the Comprehensive Plan to promote this stability: preserve
neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve
neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses,
neighborhood commercial use, compatible infill development and conditions on places of special care
and home occupations. Achieving these goals requires that all land use activities, such as home
occupations, either maintain or enhance the existing neighborhood through compatibility with
surroundings, quality and attractiveness of site and buildings, improved mobility, environmental
responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the
surrounding uses.
IMPACT ON CITY SERVICES
WATER & SEWER: This site is already connected to both 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
DIANA BUHRMANN
Agenda Item-3
Page 2
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.
It is Staff's opinion that the fenced in backyard provides an ample outdoor play area for the children.
Sufficient 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
1. The home daycare shall be limited to a total of twelve (12) children, other than children living in
the home.
2. No more than one (1) person, other than the applicant, shall assist with the operation of the
Family Daycare Home at any one time.
3. The applicant shall stagger the arrival and departure times for the children such that vehicular
congestion is avoided.
4. A sign, no greater than one square foot in size, identifying the daycare home, may be installed
on the house.
5. The applicant shall be licensed with the Commonwealth of Virginia for this use and for up to
twelve (12) children.
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's Office for use of the house as a Family Daycare Home.
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 P/anning /
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
Permif are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Departmenf for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strategies as they pertain to this site.
IA BUHRMANN
' Agenda Item 3
Page 3
AERIAL OF SITE LOCATION
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SITE LAYOUT
4BUHRMANN
Agenda Item 3
Page 5
ZONING HISTORY
No Zoning History to report.
DIANA BUHRMANN
Agenda Item 3
Page 6
AppL{CAN'T Di5CLOSURE
(f the app?cant Is a corpora6on, ps?ership, ?irm, business, ar oiher waincorpa?ted
organizoon, cahPlete the foAowing:
1. ?.ist the appr?a+?t name folowed bY the ngmes of att officers, rremt?ers, trustaes,
partners, tta below: (Attach tisf lf itscesserY)
v)I n na
2. List all buSinsssas thet have a parenk subsidiary1 or affitiated busmess entit?
refaiiarship with the applicant (Aitach !!st lf necessa?Y)
? Che?ck here if the appiicant is NO'?a corporation, Aartnershfp, ftm1. business, or
e ck
other uninoorporated orpsr+izetion.
PROPERTY OWNF-R DISCLOSURE
Compjee Mis section anly !f propertY owner is diffwenf from aAAlic?
}f the ProPedy owner ls a vot'pora#ian. Pertner5h113. firm, busitieas, er other
unincorporAt+ed organiaafion. complete the foNowing:
1. List the proPertY Q`h'r'e? name f°n°wed by the namas of a{I otflcers, memhers,
Wmbus, partners, etc, belaw: (Atfiach list if necessarY)
2. List aii busir?esm that have a parent-subsidlary ' ot affitiated business entity2
refaWnMp With the applicant (AttWh llst if neceSMy)
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? Chedc here if the property owner is NOT a oorporatioll, Partrfership, firtr+?
business, or c#er unincorporated org2nization.
g sm rext pagetOrfootnotss
poes an offiaal or . em ioy?e af the Clty of Vir?ginia Beach have an interest in the
sub)ect land? Yes No IK
[f yes, what is the name ofi the ofFicial ar emplayee end the natuce af lheir interes+?
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DISCLOSURE STATEMENT
DIANA)BUHRMANN
?Agenda Item-3
Page 7
ON
? . .
C ADGRIONAL DlSCLOSURES
? L.isk al known conhactorr, ¢r businesaes thaf have or will provide serolce5 with respect
? to the requested prap" use, ;nduding but nat (imited to ti1e providers af architectural
services, real estate seMces, finencial serviccs, acoounting servioe3, and legal
i services: (AttachPst if necessary)
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I "Parerrt-subsidiary reiationship` means "a reWlorrft #hat exists when om '.
ccuporatlon directy or indlrectly owns shares possessing mare than 50 percent of_the uoting
pOwe?' t?f a?rlhet corpcrrativn,'° See Stafe and Lacal GovemmsnE Conflfcf of Ir?terem Act, Va.
code § 22-3101. .
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2oAffiGated business sntity relationsttlp" meanS "a teW1on9tYp, othePtriatl parent
subsidisry nelstionahip, that exiats wher? il} vt?e busfness er?ity has a controthng ovvr?ershfp
Intetest in the other busi?ess et?[ty. (1) a corrtcolling owner in one s?tity is algo a conb•olling
Owner in ffie other entity, or (iii) there is'shared rnaneigement orcoMrol beiwftn the busmass'
enMies. Factors #hat should be cansldered In determinfno the Wstence of an afflllated
bustness endry relatlonshlp inclucle that the same person or subsbntially the seme person
awn nr manage the two entities; ihere are cammon or commingled funds or asse#s; the
bualness entkies share the use of the sams oftices ar empJoyees ar vthwMse share activitles,
Fez-ources or pe(sonnel on a repular basis; or there is otherwisq acloee woricing rahaqanship
betwoeen the entkias.' Spe Sfia#e and Loca! GovemMent Confl)ct of ln*eg% Aa#, va. Code §
2.2-390'I.
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CERT1FICATiON: ! certify t?o the informatbA rAntatned harein la we entl acourste.
I undersrend lhat, upon recW of noffflUdon (postcard) tlIat the apalk'atlvn hag been aehedufed for
Aubfte hearing, I an rmponslble for abtslning and PDSoxJ the requUsd slgn on the aub*t P?nA" at
INsi 30 days prfor to the stlt8duled pubuC tlearing aoeording to the NnattuctiOns h? tWe packege. The
trxlerslgned also cansertts to enxy upon the subject propertY bY emPoYm of tne Qcpartrnant of
Planning #o photograph xnd viaw the ahe far vurposgs of prboessing and evatupling ihis spplkgtbn.
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? Print Name?--`
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tRt111 Appltt?rit) ' 'Pri??t Name . ?-'.
DISCLOSURE STATEMENT
DIANA BUHRMANN
Agenda Item 3
Page 8
Item #3
Diana Buhrmann
Conditional Use Permit
3245 Florence Street
District 6
Beach
July 9, 2014
CONSENT
An application of Diana Buhrmann for a Conditional Use Permit (Home Occupation - Home
Family Daycare) on property located at 3245 Florence Street, District 6, Beach. GPIN:
14960936030000.
CONDITIONS
1. The home daycare shall be limited to a total of twelve (12) children, other than children
living in the home.
2. No more than one (1) person, other than the applicant, shall assist with the operation of the
Family Daycare Home at any one time.
3. The applicant shall stagger the arrival and departure times for the children such that
vehicular congestion is avoided.
4. A sign, no greater than one square foot in size, identifying the daycare home, may be
installed on the house.
5. The applicant shall be licensed with the Commonwealth of Virginia for this use and for up to
twelve (12) children.
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's Office for use of the house as a Family Daycare
Home.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to
approved item 3.
AYE 11 NAY 0 ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
Item #3
Diana Buhrmann
Page 2
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RI PLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commission recommended approval of item 3 by consent.
The applicant Diana Buhrmann appeared before the Commission.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: ANTOINETTE HENDERSON (Applicant) / BRIAN & KIM MOSES (Owner),
Conditional Use Permit (Family [Child] Daycare Home with a maximum of
12 children). 1812 Brownstone Court (GPIN 1485115870). COUNCIL
DISTRICT - CENTERVILLE.
MEETING DATE: September 2, 2014
¦ Background:
The applicant requests approval of a Conditional Use Permit for a Home Family
[Child] Daycare facility for a maximum of 12 children. The applicant requests a
Conditional Use Permit to allow the continued use of the site as an in-home day
care for 12 children. The applicant is licensed with the Department of Social
Services (DSS); it was through the license renewal process that she became
aware of the need for a Conditional Use Permit.
¦ Considerations:
The applicant and one assistant provide care for up to 12 children between the
hours of 6:00 a.m. and 6:00 p.m., Monday through Friday. The applicant has a
staggered schedule for parents and guardians to arrive and depart with the
children, which occurs in the driveway on the property.
Further details pertaining to the applicant's operation, 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 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. Hours of operation shall be limited to Monday through Friday, 6:00 A.M. to
6:00 P.M.
ANTOINETTE HENDERSON
Page2of2
3. No more than one (1) person, other than the applicant and immediate
family, shall assist with the operation of the home daycare.
4. All requirements of the 2009 Virginia Residential Code as it applies to
above-ground pools shall be met.
5. All requirements of the Virginia Administrative Code (VAC) as it applies to
the regulation of Family Daycare Homes by the Department of Social
Services (DSS) shall be met.
6. The applicant shall stagger the arrival and departure times for the children
such that no more than two vehicles are scheduled to drop-off children at
one time.
7. A non-illuminated sign, no greater than one square foot in size, advertising
the home daycare may be installed on the house.
8. The applicant shall be licensed with the Commonwealth of Virginia for a
maximum of twelve (12) children.
9. 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.
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Submitting DepartmenUAgency: Planning Department
City Manager. ? ? W>Z
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:ENTHRVILLE
10
July 9, 2014 Public Hearing
APPLICANT:
ANTOINETTE
HENDERSON
PROPERTY OWNER:
BRIAN & KIM
MOSES
r_ro.+c?v?. a« sw.. ?a
REQUEST:
Conditional Use Permit for a Family (Child) Home Daycare
ADDRESS / DESCRIPTION: 1812 Brownstone Court
STAFF PLANNER: Kristine Gay
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14851158700000 CENTERVILLE 7187 square feet Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests a Conditional Use Permit to allow the continued use of the site as an in-home day
care for twelve children. The applicant is licensed with the Department of Social Services (DSS); it was
through the license renewal process that she became aware of the need for a Conditional Use Permit.
The applicant and one assistant provide care for up to12 children between the hours of 6:00 am and 6:00
pm, Monday through Friday. Children are dropped-off and picked-up by their parents or guardians at the
applicanYs driveway.
The site is 7,187 square feet in area and is located on the cul-de-sac of Brownstone Court. A two-story
single family home is situated in the center of the lot. An 8-foot tall wooden privacy fence extends from
the house and borders the back yard. Projecting off of the rear faCade of the house is a wooden deck.
The deck consists of a sitting and eating area which is connected to a raised and gated portion of the
deck which surrounds the above ground swimming pool. The remainder of the rear yard is flat and grassy
and serves as the children's play area.
ANTOINETTE HENDERSON
Agenda Item 10
Page 1
car ?nirowycrn
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: single-family home
SURROUNDING LAND North: ?
USE AND ZONING: South: ,
East: ?
West: ?
Single-family homes / R5D-Residential Districl
Single-family homes / R5D-Residential District
Single-family homes / R5D-Residential District
Single-family homes / R5D-Residential District
NATURAL RESOURCE AND The site is relatively flat and grassy. There do not appear to be
CULTURAL FEATURES: any significant natural or cultural features located on this site.
COMPREHENSIVE PLAN:
The Comprehensive Plan defines the area of which the subject site is located as a Suburban Area. To
maintain the stability of Suburban Areas, the Comprehensive Plan recommends the preservation of
neighborhood quality, the creation and protection of open spaces, and the connection of suburban
mobility.
EVALUATION AND RECOMMENDATION
The applicant is requesting a Conditional Use Permit for a Family [Child] Daycare Home for 12 children.
As the Zoning Ordinance requires a Conditional Use Permit when more than five children are cared for in
a dwelling, the applicant requires a Conditional Use Permit to continue operation.
Traffic is low at the site's street frontage due to being located on a cul-de-sac. Due to the orthogonal
design of the cul-de-sac as compared to a typical circular cul-de-sac design, most residents park their
vehicles perpendicular to the curb. Parents and guardians dropping off children park their vehicle at the
end of the applicanYs driveway or perpendicular to the curb just as the neighbors do. To avoid minor
vehicle collisions from numerous vehicles reversing out of their driveways and the corner of the cul-de-
sac, Staff has included a condition requiring that the applicant staggering the arrival of children to no
more than two vehicles at a time.
As noted in the summary section of this report, there is an above-ground pool located in the rear yard. It
appears as though the pool meets the barrier requirements of the 2009 Virginia Residential Code and the
Virginia Administrative Code (VAC) as it applies to the regulations of Family Daycare homes by the
Department of Social Services (DSS) by having the 6-foot tall privacy fence surrounding the rear yard, a
self-locking gate, and an additional four-foot tall barrier surrounding the pool to separate it from the play
area which is within 30 feet of the pool.
Staff does not believe any nuisance to the surrounding property owners will result for the proposed use.
For the reasons stated above as well as the proposals consistency with the Comprehensive Plan, Staff
recommends approval of the Conditional Use Permit subject to the following conditions.
ANTOINETTE; tiENDERSON
Agenda Itern 10
Page 2
CONDITIONS
1. The 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. Hours of operation shall be limited to Monday through Friday, 6:00 A.M. to 6:00 P.M.
3. No more than one (1) person, other than the applicant and immediate family, shall assist with
the operation of the home daycare.
4. All requirements of the 2009 Virginia Residential Code as it applies to above-ground pools shall
be met.
5. All requirements of the Virginia Administrative Code (VAC) as it applies to the regulation of
Family Daycare Homes by the Department of Social Services (DSS) shall be met.
6. The applicant shall stagger the arrival and departure times for the children such that all vehicles
picking-up or dropping-off children such that no more than two vehicles are scheduled to drop-
off children at one time.
7. A non-illuminated sign, no greater than one square foot in size, advertising the home daycare
may be installed on the house.
8. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said
license in good standing shall result in revocation of this Use Permit.
9. The applicant shall obtain all necessary permits 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 p/an submitted with this application may require revision
during detailed site plan review to meet all applicable City Codes and Standards. All applicable
permits required by the City Code, including those administered by fhe Department of P/anning /
Development Services Center and Department of Planning /Permits and /nspections Division,
and the issuance of a Certiricafe of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strafegies as they pertain to this site.
ANTOINETTE HENDERSON
Agenda Itero 10
Page 3
AERIAL AND PHOTO OF SITE
ANTOINETTE HENDERSON
Agenda Item 10
Page 4
.Op QU?R NA,(l
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AERIAL OF SITE I
I
ANTOINETTE HENDERSON j?
Agenda Item 10 ?
Page 5 !'
ZONING HISTORY
No applications have been submitted for discretionary action within the vicinity of the
subject site encompassed by the map above.
?.
ANTOINETTE HENDERSON ;
Agenda Item 10
Page 6
?F OU? At??r?
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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 ali officers, members, trustees, ,
partners, etc. below: (Attach list if necessary)
?
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1
2. List all businesses that have a parent-subsidiary' or affiliated business entity2 i
relationship with the appiicant: (Attach lisf if necessary) '
? Check here if the applicant is NOT a corporation, partnership, firm, business, or ?
other unincorporated organization. 1
1
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 offcers, members,
trustees
artners
etc
belo
Att
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w: (
ac
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2. Lis# all businesses that have a parent-subsidiary' or affiliated business entity2 F
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relationship with the applicant: (Attach list if necessary)
F
?
? Check here if the property owner is NOT a corporation, partnership, firm, F
r
business, or other unincorporated organization. ?
1 & See next page for footnotes ?
?
Does an official or em loyee of the City of Virginia Beach have an interest in the ?
R
subject land? Yes No
If yes, what is the name of the official or employee and the nature of their interest? I1-_
?
?
onditional Use Pemiit Application ??
DISCLOSURE STATEMENT
ANTOINETTE.HENDERSON
Agenda Iteria 10
Page 7
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ancrnoNa. aIscLosuRrs
l.ist ail kerOwn cdr?traotors or buslrtes"a lhat halte Of Will ptbvide servit:es wlth n9sp"
1o th8reqtilQStCd pMWY USSi includtng but not limiisd to Ih! pN`OVMers of atct?I#sCturAl
servlcea, reei estato oervicee, t'nanclsl servfaes, aocountfmg seivic0-3, and (egal
servicgs: (Atlach 113# if necemary)
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,.Pe?ent-subsFaiary relaHonship^ means "? reMt??h? thgt exiObt when or?e
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cprpprattor? dlrecqy or indirectly owna shares possesbing more than 50 psrcenl af ihw yotirg
powoBr of anqther carporatbn." Soo Stata and Locai Govemmank Conflkot at lnterests Act, Vs.
Code § 2.2-3141.
1 `Atfiliated bwbreae midty relatianship° means "a relat(arshlp, athw than para*
subsidlary releftnghip, thai cxiste when (i) ono bushsge 6rttny t+as a coniro!ling Ownership
IMereA in the other bueir?ees anNty. (p) a aontroqinq awner in ane entityr is ai8o a aontroldnp
awnsr tn the other eMlyr, or (1N) th+ere ia eMrod managernent or cantral bcMreen the business
anlities. Faclore thnt sha4Ad be oa?nsldered in datermining the exislenoe ef sn affirotad
businees anfity roiatfonship Mduda that the somo peson or substanUly the seme person
oann Or tnanage the twA ontiUes; tlwe ara oommcm or canurdrrglad tun* or aj*ets; ttie
busbteo entiiW fshere the use of iM same offkes c?r emplayees a aiher+aiee ehare actlviifes,
casaurcex or pereonnvl an smgular begfs: ar #here is othemiee a cbge woOft rsletlonghtp
betv~ the errtttiee " Soe State and Locai Govornment Conflict ot Intereo Act. Va. Gode §
2.2-3iQ1.
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t`rOMFICATiON: i oCNfy thst !hC Intotrttaaon oontoMrd hWein is itUe 401d gCCUrete.
I UnlprstMd ", upot? rooeiPt ot nWoUqn (p861C8r4) thait the appllcastior, has been sohedulOtl ior
puA#C heMiYg, 1, dm respodlsible (PC "it1kV a11d pwNrV the f+sqUlPCd StQn On th8 SubjBCt omAefiY at
least 30 doya Fdoi to t!e aahedubd publks heerhp ooCOrQing to the inakNc0ons in thls paekefle. The
po
Urdem18r"4 dlsb cansenl9 b antry vpolt the a1Jb)oCt prwpori'Y bY empbyee'e of fhe ?'7ep8Rme+?t Ot
p1ann;np to Phoiopreph ond vi0w ft sitc fvr purpasea of prouaesing and evaluating thia *pokadon,
U-IA-ban - E 1i.dl? . P aA/
APPGwx nYB Sipnet nt Nome
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DISCLOSURE STATEMENT
ANTOINETTE':IiENDERSON
'Agenda Iterra 10
Page 8
Item #10
Antoinette Henderson
Conditional Use Permit
1812 Brownstone Court
District 1
Centerville
July 9, 2014
CONSENT
An application of Antoinette Henderson for a Conditional Use Permit for a Family (Child) Home
Daycare on property located at 1812 Brownstone Court, District 1, Centerville. GPIN:
14851158700000.
CONDITIONS
1. The 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. Hours of operation shall be limited to Monday through Friday, 6:00 A.M. to 6:00 P.M.
3. No more than one (1) person, other than the applicant and immediate family, shall assist
with the operation of the home daycare.
4. All requirements of the 2009 Virginia Residential Code as it applies to above-ground pools
shall be met.
5. All requirements of the Virginia Administrative Code (VAC) as it applies to the regulation of
Family Daycare Homes by the Department of Social Services (DSS) shall be met.
6. The applicant shall stagger the arrival and departure times for the children such that all
vehicles picking-up or dropping-off children such that no more than two vehicles are
scheduled to drop-off children at one time.
7. A non-illuminated sign, no greater than one square foot in size, advertising the home
daycare may be installed on the house.
8. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said
license in good standing shall result in revocation of this Use Permit.
Item #10
Antoinette Henderson
Page 2
9. 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 10.
AYE 11 NAY 0
ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RI PLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commissioner recommended approval of item 10.
Kianca Henderson appeared before the Commission on behalf of the applicant.
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CITY OF VIRGINIA BEACH
AGENDA ITEM .
ITEM: SOUTHERN PERFORMANCE (Applicant) / BROTHERS TOO, LLC (Owner),
Conditional Use Permit (Motor Vehicle Repair). 5156 Virginia Beach
Boulevard (GPIN 1467861619). COUNCIL DISTRICT - BAYSIDE.
MEETING DATE: September 2, 2014
¦ Background:
The applicant requests a Conditional Use Permit for a motor vehicle repair
garage. There is currently one building on the subject site. The building, which
was developed through three separate additions, extends toward the rear of the
lot. There is an existing automobile-related business, Cap City USA, located on
the site. That business occupies the front portion of the building.
¦ Considerations:
The applicant's proposed automobile repair will take place in the rear two bays of
the building. The scope of work will largely consist of the installation of Jeep tops,
as well as repair of suspensions, cleaning and repair of diesel systems, emission
control systems, and other similar engine repairs. The applicant will use counter
space, which will be shared with Cap City USA in the front portion of the building,
to assist customers. Typical hours of operation will be 8:30 a.m. to 6:00 p.m.,
Monday through Friday and 9:00 a.m. to 2:00 p.m. on Saturday.
Further details pertaining to the applicant's operation, 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. All motor vehicle repairs shall take place inside the building.
2. No outside storage of equipment, parts, or materials shall be permitted.
3. No outside storage of vehicles in a state of obvious disrepair shall be
permitted. If vehicles in this condition require storage, then such vehicles
shall be stored within the building.
SOUTHERN PERFORMANCE
Page 2 of 2
4. Category I landscaping shall be planted and maintained between the
building and the property line adjacent to Virginia Beach Boulevard.
5. A permit shall be obtained from the Planning Department, Zoning Division,
for any new signage that is added to the site.
¦ Attachments:
Staff Report and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting DepartmenUAgency: Planning Department
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City Manager. tL "
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CLP !w Automobi/e Reoair Carane
REQUEST:
Conditional Use Permit for Automobile Repair Garage
ADDRESS / DESCRIPTION: 5156 Virginia Beach Boulevard
5
July 9, 2014 Public Hearing
APPLICANT:
SOUTHERN
PERFORMANCE
INTERNATIONAL,
L.L.C.
PROPERTY OWNER:
B ROTH E RS TOO,
L.L.C.
STAFF PLANNER: Kevin Kemp
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14678616190000 BAYSIDE 1.171 acres Less than 65 dB DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant requests a Conditional Use Permit to allow the use of the site as an automobile repair
garage. The approximately one acre site is located on Virginia Beach Boulevard, in an area that is largely
commercial in nature. The automobile repair will take place in the rear two bays of a long, warehouse
style building that is currently being used for automotive repair. According to the application, the scope of
work will include the installation of Jeep tops and other minor bolt-on accessories, as well as repair of
suspensions, clean diesels, emission control systems, and other similar engine repairs. The applicant will
use counter space that is shared with Cap City USA in the front portion of the building to assist
customers. Typical hours of operation will be 8:30 a.m. to 6:00 p.m., Monday through Friday and 9:00
a.m. to 2:00 p.m. on Saturday. The operation will employ two people, both co-owners of the business.
SOUTHERN PERFORMANCE INTERNATIONAL, L.L.C.
Agenda Item 5
Page 1
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Automobile Repair Garage
SURROUNDING LAND North: . Single family homes / A-12 Apartment District
USE AND ZONING: South: . Virginia Beach Boulevard
• Retail / B-2 Community Business District
East: . Furniture Showroom / B-2 Community Business District
West: . Home remodeling showroom / B-2 Community Business
District
NATURAL RESOURCE AND A majority of the site is developed with a one-story structure and
CULTURAL FEATURES: paved parking surface. The rear portion of the site is an
undeveloped grassy area. The site is located in the Chesapeake
Bay Watershed. There do not appear to be any significant cultural
features associated with the site.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban
Area. The general planning principles for the Suburban Area focus on preserving and protecting the
overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning
principles have been established in the Comprehensive Plan to promote this stability: preserve
neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve
neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses,
neighborhood commercial use, compatible infill development and conditions on places of special care
and home occupations. Achieving these goals requires that all land use activities, such as home
occupations, either maintain or enhance the existing neighborhood through compatibility with
surroundings, quality and attractiveness of site and buildings, improved mobility, environmental
responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the
surrounding uses. (pp. 3-1, 3-2)
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia
Beach Boulevard in the vicinity of this application is considered an eight-lane divided major urban
arterial. The Master Transportation Plan proposes an eight-lane facility within a 155 foot right-of-way.
Currently, this segment of roadway is functioning under capacity at a Level of Service C.
No roadway Capital Improvement Program projects are slated in the general vicinity of the subject site.
TRAFFIC: Street Name Present present Capacity Generated Traffic
Volume
Virginia Beach 34,729 ADT 34,940 ADT (Level of No change is
Boulevard Service "C") expected with this
56,240 ADT' Level of a lication
SOUTHERN PERFORMANCE INTERNATIONAL, L.L.C.
' Agenda It'em 5
Page 2
Service "D")
64,260 ADT' (Level of
Service "E"
Average Daily Trips
WATER: This site currently connects to City water. There are existing 20-inch, 16-inch, and 8-inch City
water mains along Virginia Beach Boulevard.
SEWER: This site currently connects to City sanitary sewer. There are existing 10-inch and 8-inch City
sanitary sewer gravity mains along Virginia Beach Boulevard.
EVALUATION AND RECOMMENDATION
The proposed conditional use for an automobile repair garage is consistent with the Comprehensive
Plan's land use policies regarding compatible development in the Suburban Area. The site is currently
being used for automotive repair, and no changes to the site or exterior of the building are included in this
application. The addition of the applicant's business is not expected to have any adverse effects on traffic
volume on Virginia Beach Boulevard, which is currently operating under capacity.
The applicant indicates that all automotive repairs will take place inside the building. Vehicles awaiting
repair or pick-up will be parked in the designated spaces to the west of the building, and will remain there
for short periods of time. The existing parking area can accommodate these vehicles, as well as customer
traffic. The applicant states that there will be no outside storage of equipment or vehicles in obvious
disrepair. In accordance with staff's recommendation, the property owner has removed debris and trash
from the grassy area at the rear of the site. Additionally, the applicant has agreed to install a row of
Category I plant material in the grassy area between the structure and Virginia Beach Boulevard.
For the reasons stated above, staff recommends approval of this application with the conditions listed
below.
CONDITIONS
1. All motor vehicle repairs shall take place inside the building.
2. No outside storage of equipment, parts, or materials shall be permitted.
3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in
this condition require storage, then such vehicles shall be stored within the building.
4. Category I landscaping shall be planted and maintained between the building and the property
line adjacent to Virginia Beach Boulevard.
SOUTHERN PERFORMANCE INTERNATIONAL, L.L.C.
? Agenda It?m 5
P?N 3
5. A permit shall be obtained from the Planning Department, Zoning Division, for any new signage
that is added to the site.
NOTE: Furfher conditions may be required during the administration of applicable City
Ordinances and Standards. Any site p/an submitted with this application may require revision
during detailed site p/an review to meet all applicable City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of Planning /
Development Services Center and Department of Planning / Permits and Inspections Division,
and the issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Offi'ce within the
Police Department for crime prevention techniques and Crime Prevention Through
Environmenta/ Design (CPTED) concepts and strategies as they pertain to this site.
SOUTHERN PERFORMANCE INTERNATIONAL, L.L.C.
. Agenda It,6m -5
Pa?r? 4
AERIAL OF SITE LOCATION
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SOUTHERN PERFORMANCE INTERNATIONAL, L.L.C.
Agenda Item 5 ?to
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RMANCE INTERNATIONAL, L.L.C.
SOUTHERN PERFO
Agenda Item 5
Page 6 "
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ning with CondilionaPro//sn, Open Spacs Promotion GUY TOI HU[OI?7VUnC RrNari vaic
ZONING HISTORY
# DATE REQUEST ACTION
1 06/25/2013 Conditional Use Permit Indoor Recreational Facilit A roved
02/23/2010 Conditional Use Permit Motor Vehicle Sales A roved
08/12/2008 Conditional Use Permit (Motor Vehicle Sales A proved
10/20J1986 Conditional Use Permit Motor Vehicle Sales and Service Ap roved
06/24/1985 Conditional Use Permit Automobite Repair Approved
2 03/12/2013 Modification of Conditions A roved
08/14/2007 Conditional Use Permit (Motor Vehicle Sales A roved
3 03/11/2003 Chan e of Zonin (A-12 to B-2 A roved
4 03/14/1995 Conditional Use Permit Motor Vehicle Sales A proved
5 02/22/1994 Change of Zoning (A-12 to B-2 A roved
6 11/10/1993 Conditional Use Permit Automobile Repair A roved
7 07/13/1993 Conditional Use Permit Motor Vehicle Sales Ap roved
8 12/05/1983 Conditional Use Permit (Car Wash Denied
SOUTHERN PERFORMANCE
iNAL, L.L.C.
)enda Item 5
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: (Atfach list if necessary)
Southern Performance International LLC
William J. O'Donnell, Janos A. Sipos, Brent F. McDaniel, Christopher W. McDaniel
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach iist if necessary)
? Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complefe 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 ali officers, members,
trustees, partners, etc. below: (Atfach /isf if necessary)
Brothers Too LLC
Christopher W. McDaniel, Brent F. McDaniel
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
F]Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& See next page for footnotes
Does an official or em loyee of the City of Virginia Beach have an interest in the
subject land? Yes No ?
If yes, what is the name of the official or employee and the nature of their interest?
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DISCLOSURE STATEMENT
,. ° SOUTHERN PERFORMANCE INTERNATIONAL, L.L.C.
' `Agenda Item 5
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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)
Southem Perfortnance lrrtemadonal 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 befinreen 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 othervvise 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 inforrnation contained herein is true and accurate.
I understand that, upon receipt of nofrfication (postcard) that the application has been schedu(ed 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 f purposes of processing and evaluating this application.
r
- Q William J. O'Donnell
rop Applican ' Print Name
? Christopher McDaniel
erty Owner's Signature f different than applicant) Print Name
DISCLOSURE STATEMENT
SOUTHERN PERFORMANCE INTERN
90NAL, L.L.C.
Agenda Item 5
Pgge 9
Item #5
Southern Performance
Conditional Use Permit
5156 Virginia Beach Boulevard
District 4
Bayside
July 9, 2014
CONSENT
An application of Southern Performance for a Conditional Use Permit for Automobile Repair
Garage on property located at 5156 Virginia Beach Boulevard, District 4, Bayside. GPIN:
14678616190000.
CONDITIONS
1. All motor vehicle repairs shall take place inside the building.
2. No outside storage of equipment, parts, or materials shall be permitted.
3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles
in this condition require storage, then such vehicles shall be stored within the building.
4. Category I landscaping shall be planted and maintained between the building and the
property line adjacent to Virginia Beach Boulevard.
5. A permit shall be obtained from the Planning Department, Zoning Division, for any new
signage that is added to the site.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to
approve item 5.
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
Item #5
Southern Performance
Page 2
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commission recommended approval of item 5 by consent.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CAMERON JUSTIN MUNDEN (Applicant) / GRANTED WISH, LLC (Owner),
Conditional Use Permit (bulk storage yard). 853 South Birdneck Road
(GPIN 2416641885). COUNCIL DISTRICT - BEACH.
MEETING DATE: September 2, 2014
¦ Background:
The applicant is requesting a Conditional Use Permit for a bulk storage yard on a
0.69-acre subject site zoned I-1 Light Industrial. The site is currently being used
in this capacity, housing the applicant's erosion and sediment control
construction business.
¦ Considerations:
The submitted site plan depicts a gravel area on the northwest portion of the site
that will be used as the "large equipment parking area." There are two large
Hydroseeding trucks and one flatbed truck. Occasionally there will be materials
delivered to the site and stored until they are used. These materials, such as
grass seed, mulch, and wood stakes, will be palletized and shrink-wrapped. This
area will be shielded from view of the right-of-way by a six-foot high solid fence
along the entire front property line and the side property line adjacent to the
storage area. Mature vegetation along the right-of-way will remain and provide
additional screening.
Further details pertaining to the applicant's operation, 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 otherwise modified by any other condition of this Use Permit,
the site shall be developed in substantial conformance with the submitted
plan, entitled "SITE EXHIBIT", prepared by Timmons Group, dated
04/01 /14.
CAMERON JUSTIN MUNDEN
Page 2 of 2
2. Any lighting for the storage yard shall be limited to light packs installed on
the building and fence, as well as pole lighting not to exceed a maximum
height of 14 feet. All lighting shall be shielded and directed downward to
limit the amount of light overspill outside the property boundary.
3. A six foot fence shall be installed as shown on the submitted site plan.
Fence shall be solid and constructed of wood, vinyl or a similar
maintenance free material. Existing fencing along entire east side, rear
portion of the west side and rear property lines shall remain. The existing
fencing shall be retained and maintained in good condition. When the
existing fence needs to be replaced, it shall be replaced with a minimum, 6
foot in height solid fence.
4. Existing mature landscaping along South Birdneck Road shall be retained
and maintained in good condition.
5. The nonconforming sign located on the property line adjacent to South
Birdneck Road shall be removed. The applicant may install a new sign
meeting the requirements of the Zoning Ordinance. If a new sign is
installed, the applicant shall obtain a permit from the Planning
Department, Zoning Division.
¦ 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
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July 9, 2014 Public Hearing
APPLICANT:
CAMERON
JUSTIN MUNDEN
PROPERTY OWNER:
GRANTED WISH,
L.L.C.
STAFF PLANNER: Kevin Kemp
REQUEST:
Conditional Use Permit (Bulk Storage Yard)
ADDRESS / DESCRIPTION: 853 South Birdneck Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24166418850000 BEACH 0.69 acres Greater than 75 d6
DNL
BACKGROUND / DETAILS OF PROPOSAL
The applicant is requesting a Conditional Use Permit for bulk storage on the 0.69 acre subject site zoned
I-1 Light Industrial. The site is currently being used in this capacity and houses the applicanYs
construction business. The business typically operates from 7:30 a.m. to 5:00 p.m., but there are times
when these hours may be extended. The application states that the designated areas on the site will be
used to store construction vehicles and materials. There are two large Hydroseeding trucks and one
flatbed truck. Occasionally there will be materials dropped off on site and stored until they are used.
These materials, such as grass seed, mulch, and wood stakes, will be palletized and shrink wrapped.
The submitted site plan depicts a gravel area on the northwest portion of the site that will be used as the
"large equipment parking area". This area will be shielded from view of the right-of-way by a 6 foot solid
fence along the entire front property line and the side property line adjacent to the storage area. Mature
vegetation along the right-of-way will remain and provide additional screening. There is an existing free-
standing sign at the entrance. The applicant will modify the sign to comply with zoning requirements.
CAMERON JUSTIN MUNDEN
Agenda Item 6
Page 1
There are two existing structures on the site. A one-story building at the front of the site is used as the
office. The larger accessory building at the rear corner of the site is used for storage of materials. No
changes to the exterior of these buildings are proposed with this application. Employee parking is
provided on the concrete surface behind the office and along the rear property line. The applicant will
provide for the required ADA parking space and access to the office building. The grassy area at the
eastern portion of the site will remain undeveloped.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Construction company office and bulk storage yard
SURROUNDING LAND North: . South Birdneck Road
USE AND ZONING: • Seatack Elementary School / P-1 Preservation District
South: . Virginia Beach Fire Training Facility / B-2 Community
Business District
East: . Vacant Parcel / I-1 Light Industrial District
West: . Single-family residential / I-1 Light Industrial District
NATURAL RESOURCE AND A majority of the site is developed with a one-story building, large
CULTURAL FEATURES: storage shed and concrete and gravel surface. There is an
undeveloped grassy area located behind the building on the
eastern portion of the site. The site is located in the Owls Creek
Watershed. There do not appear to be any significant cultural
features associated with the site.
COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the
Suburban Area. The general planning principles for the Suburban Area focus on preserving and
protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and
reinforcing the suburban characteristics of commercial centers and other non-residential areas that
comprise part of the Suburban Area. Achieving these goals requires that all land use activities either
maintain or enhance the existing neighborhood through compatibility with surroundings, quality and
attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and
effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1,
3-2)
WATER: This site currently connects to City water. There is an existing 30-inch City water main and 12-
inch City water line on S. Birdneck Road. There is also an abandoned 30-inch City water main and an
abandoned 12-inch City water line on S. Birdneck Road. The existing 5/8-inch meter (City ID
#95035173) can be used or upgraded.
CAMERON JU$TIN MUNDEN
Agenda Item 6
Page 2
SEWER: The site currently connects to City sanitary sewer. There is an existing 16-inch City gravity
sanitary sewer main on S. Birdneck Road and an existing 16-inch City sanitary sewer force main located
within a public easement along the southern property line.
EVALUATION AND RECOMMENDATION
The applicanYs request for a Use Permit to operate a bulk storage yard at this site is acceptable. The site
as shown on the submitted site plan is generally consistent with the Comprehensive Plan's land use
policies and Special Area Development Guidelines regarding compatible development and landscaping.
This site has been used as a contractor storage yard for a number of years and this application proposes
no change of use or expansion of the facilities.
The location of the area used for storage of large equipment and materials is in close proximity to right-of-
way; however, existing mature vegetation will ensure limited visibility from South Birdneck Road.
Condition 5 is recommended to ensure that this vegetation is retained and maintained. Additionally, the
contents of the storage area will be screened along the front and side property lines by a 6 foot in height
solid fence. This fencing will extend across the entire front of the property, with exception to the access
drive. The existing 3 foot high hedges along this property line will remain.
The elimination of the screening requirements along the east, south and west property lines may only be
allowed as part of this Use Permit. Section 228 of the Zoning Ordinance provides the standards to be
applied to a Use Permit for a bulk storage yard; one of the standards is that the area be entirely enclosed
by Category VI landscaping. Category VI landscaping consists of a 6 foot high solid fence and Category I
landscape plantings within a minimum 5 foot wide planting bed. The screening shown on the submitted
site plan along South Birdneck Road meets the ordinance requirements. As noted above, however, the
remaining perimeter of the storage yard does not have a 6 foot in height solid wood fence with the
required landscaping. The existing fence that is to remain is 5%z feet in height. The Planning Commission
(and City Council) may allow a deviation from this requirement "for good cause shown upon a finding that
there will be no significant detrimental effects on surrounding properties," (Section 221(i)). Reasonable
deviations from the following requirements otherwise applicable to the proposed development are
allowed:
(1) Required setbacks;
(2) Required landscaping;
(3) Height restrictions, except as provided in Section 202(b); and
(4) Minimum lot area requirements.
Staff concludes that a deviation from the landscaping requirement for a 6 foot solid fence with a Category
I landscape buffer around the entire bulk storage yard is appropriate and will not adversely impact the
adjacent properties. There is existing densely wooded vegetation along the side and rear property lines
and there is substantial distance between the storage area and any other principle structure. The property
to the rear of the site is the City of Virginia Beach Fire Training Facility.
The Zoning Ordinance (Section 1005(a)) allows for this site to have one freestanding sign not to exceed
32 square feet of surface area per face. The Zoning Ordinance (Section 210(c)) defines a double-faced
sign shall be considered a single sign, provided the two faces are not separated by an angle greater than
CAMERON JUSTIN MUNDEN
Agenda Item 6
Page 3
15 degrees and are part of the same structure. The existing 'wedge-shaped' sign conforms to the size
requirements, however, is considered two signs due to the angle of separation. Condition 5 is
recommended to bring the existing sign into conformance.
For the reasons stated above, Staff recommends approval of this request with the conditions below.
CONDITIONS
1. Except as otherwise modified by any other condition of this Use Permit, the site shall be
developed in substantial conformance with the submitted plan, entitled "SITE EXHIBIT",
prepared by Timmons Group, dated 04/01/14.
2. Any lighting for the storage yard shall be limited to light packs installed on the building and
fence, as well as pole lighting not to exceed a maximum height of 14 feet. All lighting shall be
shielded and directed downward to limit the amount of light overspill outside the property
boundary.
3. A six foot fence shall be installed as shown on the submitted site plan. Fence shall be solid and
constructed of wood, vinyl or a similar maintenance free material. Existing fencing along entire
east side, rear portion of the west side and rear property lines shall remain. The existing fencing
shall be retained and maintained in good condition. When the existing fence needs to be
replaced, it shall be replaced with a minimum, 6 foot in height solid fence.
4. Existing mature landscaping along South Birdneck Road shall be retained and maintained in
good condition.
5. The nonconforming sign located on the property line adjacent to South Birdneck Road shall be
removed. The applicant may install a new sign meeting the requirements of the Zoning
Ordinance. If a new sign is installed, the applicant shall obtain a permit from the Planning
Department, Zoning Division.
NOTE: Further conditions may be required during the administration of applicab/e City
Ordinances and Standards. Any site plan submitted with this application may require revision
during detailed site p/an review to meet all applicable City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of Planning /
Development Services Center and Department of Planning / Permits and Inspections Division,
and the issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through
Environmental Design (CPTED) concepts and strategies as they pertain to this site.
CAMERON JUSTIN MUNDEN
Agenda Item 6
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)enda Item 6
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Agenda Item 6
Page 6
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,genda Item 6 ?
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CUP for Bulk Storage Yard
ZONING HISTORY
# DATE REQUEST ACTION
1 06/14/2011 Conditional Use Permit Outdoor Recreation Facilit A roved
06/14/2011 Chan e of Zoning (P-1 to B-2) A roved
2 03/28/1995 Enlargement to a Nonconforming Use A roved
CAMERON JUSTIN MUNDEN
Agenda Item 6
Page 8
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APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complete the following:
9. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach lisf if necessary)
GZ ra.•.'? 1..? ? s r? L?..C.
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Affach list if necessary)
? Check here if the applicant is NOT a corpora6on, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Comp/ete this section only if properfy 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)
C^1?'a.?-rEb ??SM. LL..L'.
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2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
F-I Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& See next page for footnotes
Does an official or employee of the ity of Virginia Beach have an interest in the
subject land? Yes [I No
If yes, what is the name of the official or employee and the nature of their interest?
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CAMERON JUSTIN MUNDEN
Agenda Item 6
Page 9
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ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate 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 af the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
Z"Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business ent+ty has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entiry is also a controlling
owner in the other entiry, 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 othervvise a close working relationship
between the entities.° See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
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CERTIFICATION: I certify that the infoRnation contained herein is vue 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 photogr and view the site for purposes of processing and evaluating this application.
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App ica s S' nat Print Name
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Property wner Signature (if different than applicant) Print Name
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DISCLOSURE STATEMENT
CAMERON JUSTIN MUNDEN
Agenda Item 6
Page 10
Item #6
Cameron Justin Munden
Conditional Use Permit
853 South Birdneck Road
District 6
Beach
July 9, 2014
CONSENT
An application of Cameron Justin Munden for a Conditional Use Permit (Bulk Storage Yard) on
property located at 853 South Birdneck Road, District 6, Beach. GPIN: 24166418850000.
CONDITIONS
1. Except as otherwise modifies by any other condition of this Use Permit, the site shall be
developed in substantial conformance with the submitted plan, entitled "SITE EXHIBIT",
prepared by Timmons Group, dated 04/01/14.
2. Any lighting for the storage yard shall be limited to light packs installed on the building and
fence, as well as pole lighting not to exceed a maximum height of 14 feet. All lighting shall
be shielded and directed downward to limit the amount of light overspill outside the
property boundary.
3. A six foot fence shall be installed as shown on the submitted site plan. Fence shall be solid
and constructed of wood, vinyl or a similar maintenance free material. Existing fencing
along entire east side, rear portion of the west side and rear property lines shall remain. The
existing fencing shall be retained and maintained in good condition. When the existing
fence needs to be replaced, it shall be replaced with a minimum, 6 foot in height solid
fence.
4. Existing mature landscaping along South Birdneck Road shall be retained and maintained in
good condition.
The existing sign located along South Birdneck Road shall be altered to meet the
requirements of the Zoning Ordinance, or a new sign installed in its place. A permit from the
Planning Department, Zoning Division shall be obtained for work done on the existing sign,
or any new signage installed on the site.
6. The nonconforming sign located on the property line adjacent to South Birdneck Road shall
be removed. The applicant may install a new sign meeting the requirements of the Zoning
Ordinance. If a new sign is installed, the applicant shall obtain a permit from the Planning
Department, Zoning Division.
Item #6
Cameron Justin Munden
Page 2
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to
approved item 6.
AYE 11 NAY 0
ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RI PLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commission recommended approval of item 6 for consent.
Brent Thompson appeared before the Commission on behalf of the applicant.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 211 of the
City Zoning Ordinance, Pertaining to Allowed Signage for Schools.
MEETING DATE: September 2, 2014
¦ Background:
Staff has drafted this amendment in order to resolve a conflict between the
signage allowed for school sites by the City Zoning Ordinance and the signage
actually existing at school sites. It appears that prior to 1994, there were no
regulations regarding school signs. In 1994, the City Zoning Ordinance was
amended to allow one sign with two faces and a maximum of 24 square feet per
face.
The confusion and inconsistency among Zoning and School staff regarding
school signage appears to have been caused by the following:
The Zoning Ordinance does not currently require sign permits for school
signs. They are permitted in all districts in the same manner as public
signs, temporary signs, political signs and construction signs. For the most
part, zoning enforcement was not reviewing or focusing on these signs.
Staff has adjusted the proposed amendment to ensure this issue is
clarified and that permits are required for all school signage.
2. In the past, the current regulation allowing one 24 square foot sign per
school property was interpreted by some as applying only to the
freestanding signs. The proposed amendment clarifies these issues and
sets standards for both the freestanding sign and the building signs.
3. It appears that signs on the newer schools have been constructed by the
builder and not permitted separately. Where school signs are installed by
sign companies, permits have been obtained and the 24 square foot sign
allowance has been adhered to for freestanding signs. Again, staff has
adjusted the proposed amendment to ensure this issue is clarified and that
permits are required for all school signage.
Schools have changed considerably since 1994, warranting revision of the sign
regulations. New school buildings are now larger, have multiple stories and some
are located further from the street. In addition, public schools today often have
multiple academies within one school building which need to be identified. Larger
AMENDMENT TO THE ZONING ORDINANCE
Signs for Schools
Page 2 of 3
freestanding signs are needed in order to accommodate changeable copy signs
that inform students, parents and the community of school activities.
On August 19, 2014, the City Council deferred this item to the September 2,
2014 meeting for the purpose of addressing concerns presented by City Council
members. Staff is scheduled to give a short presentation on school signs at the
September 2"d informal meeting with pictures demonstrating the need for the sign
ordinance revisions.
¦ Considerations:
The proposed sign amendment as presented to the Planning Commission allows
each school site to have one freestanding sign per entrance. Each freestanding
sign can have a maximum height of eight feet, with two faces per sign and a
maximum of 40 square feet per face. In addition, a school may have two wall
signs for each building fagade facing a public street. Such wall signs can have
one square foot per linear foot of each building wall facing a public street.
In response to concerns expressed by City Council, staff has revised the
amendment as follows:
Sign permits are required for all school signs.
(1) Wall Signs. Schools may have a maximum of two (2) wall signs for
each building wall facing a public street, as prescribed below.
a. One (1) square foot of wall signage for every two (2) linear feet
of each building wall facing a public street. Said signage shall
not exceed a maximum of one hundred (100) square feet for
each such wall.
b. Any building wall located five hundred (500) feet or more from a
public street shall not exceed a maximum of finro hundred and
fifty (250) square feet for each such wall.
(2) Freestanding Signs. Schools may have freestanding monument signs
as prescribed below.
a. Any school located on a lot with an area less than fifteen (15)
acres shall be permitted one (1) freestanding monument sign
with a maximum of two (2) faces of forty (40) square feet per
face.
b. Any school located on a lot with an area of fifteen (15) acres or
more in size shall be permitted one (1) freestanding monument
sign per street, located at the principal vehicular entrance of
AMENDMENT TO THE ZONING ORDINANCE
Signs for Schools
Page 3 of 3
each street. In no case, shall there be more than one (1)
freestanding monument sign on each street. Each sign shall not
exceed a maximum of two (2) faces of forty (40) square feet per
face.
c. No freestanding monument sign shall be installed within fifty
(50) feet of a residential use.
The revised amendment places more restrictions on school signage than the
amendment originally proposed, but allows enough flexibility to accommodate the
sign needs of most schools.
There was no opposition to the original amendment at the Planning Commission
public hearing.
¦ 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
Minutes of Planning Commission Hearing
Ordinance
Recommended Action: Staff recommends approval of revised amendment. Planning
Commission recommends approval.
,
Submitting Department/Agency: Planning Department
City Manager:
N"It
1 REVISED VERSION
2
3 AN ORDINANCE TO AMEND SECTION 211 OF THE CITY
4 ZONING ORDINANCE, PERTAINING TO ALLOWED
5 SIGNAGE FOR SCHOOLS
6
7 SECTION AMENDED: City Zoning Ordinance Section 211
8
9 WHEREAS, the public necessity, convenience, general welfare and good zoning
10 practice so require;
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14
15 That Section 211 of the City Zoning Ordinance is hereby amended and
16 reordained, to shall read as follows:
17
18 Sec. 211. Signs permitted in all districts.
19
20 ....
21
22 (j) Signs for public schoo/s and private schools having curricu/ums similar to
23 public schools. 9ne--s+gn not to-eX .,°d tweRty eU_^` °r'u"re fee+ per
24 faGe.-Ne--s+gfl--s#?'a-R,,,?FnetC-tttaR +,.,,, (2) f,,,os. No sogn s"^l--be
25 ?qs{allod ,•,c+hi„ fcf+., (50) feet nf?ido„+,?e. The followinq signs shall
26 be permitted with the issuance of a siqn permit as provided for in Section
27 210.1:
28
29 (1) Wall Siqns. Schools mav have a maximum of two (2) wall siqns for
30 each buildinq wall facinq a public street, as prescribed below.
31
32 a. One (1) square foot of wall sianaqe for everv finro (2) linear feet
33 of each buildinq wall facinq a public street. Said siqnaqe shall
34 not exceed a maximum of one hundred (100) square feet for
35 each such walL
36 b. Anv buildinq wall located five hundred (500) feet or more from a
37 public street shall not exceed a maximum of finro hundred and
38 fifty (250) square feet for each such wall.
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(2) Freestandin.q Si.qns. Schools mav have freestandinq monument siqns
as prescribed below.
a. Any school located on a lot with an area less than fifteen (15)
acres shall be permitted one (1) freestandinq monument siqn
with a maximum of two (2) faces of forty (40) square feet per
face.
b. Any school located on a lot with an area of fifteen (15) acres or
more in size shall be permitted one (1) freestandinq monument
siqn per street, located at the principal vehicular entrance of
each street. In no case, shall there be more than one (1)
freestandinq monument siqn on each street. Each sign shall not
exceed a maximum of two (2) faces of fortv (40) square feet per
face.
c. No freestandinq monument siqn shall be installed within fiftv
(50) feet of a residential use.
COMMENT
The amendments increase the amount of signage allowed to public and private schools.
Under the current ordinance the signage allotment is one freestanding sign no greater than 24
square feet in area. The amendments allow one monument-style sign no greater than 40 square feet
per face in area for any school on less than 15 acres. This is increased to 1 sign per street for every
principal entrance if the site is 15 acres or more. The size of wall signage is determined by the
width of the building fagade upon which they are mounted (1 square foot for every 2 linear feet of
building width). There are also maximum size requirements, 100 square feet and 250 square feet if
the fagade is 500 feet or more from the public street. School signs are also required to obtain a sign
permit.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
, 2014.
CA-13028/R-6/August 27, 2014
Approved as to Legal Sufficie
.? ncy:
J,YL,?
City Attorney's Office
2
Approved as to Content:
L. APPOINTMENTS
BOARD OF ZONING APPEALS
CHESAPEAKE BAY PRESERVATION BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
0. ADJOURNMENT
PUBLIC COMMENT
Non-Agenda Items
Each Speaker will be allowed 3 minutes
and each subject is limited to 3 Speakers
*****??+?***************?****
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 MEETINGS RESCHEDULED
EFFECTIVE: JUNE 11 2014
FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS
FIRST TUESDAYS: OPEN CITIZEN DIALOGUE
SE, COND/FOURTH TUESDAYS: WORKSHOPS - 4: 00-6: 00 PM
CITY COUNCIL
FALL RETREAT
Econorrlic Development Conference Room
Towrt Center
September 8, 2014
8:30 AM to S: 00 PM
.................................................................................
NOVEMBER COUNCIL MEETING SCHEDULE ?
• rid-%x7r%4DL'D ATH DL'C!''ATi'717TT Ti'il .
l v 1v u v LivitsEtc ZZ) i n ,
NOVEMBER 11TH - CANCELLED
:................................................................................
2014 CITYHOLIDAYS
Veterans Day - Tuesday, November 11
Tlzanksgiving Day and Day after Thanksgiving -
Thursday, November 27 and Friday, November 28
Christmas Eve (half-day) - Wednesday, December 24
Christrrias Day - Thursday, December 25
C/TY OF V/RGIN/A BEACH ?
SUMMARY OF CO(INCIL ACTIONS I
R
O
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UATE: 08/ I 9/2014 PAGE: 1 S- ?
H S
AGENDA H M A E W
t"I'EM # SUBJECT MOTION VOTE E J A M S U I
D N O K R M M S H L N
Y L N A T O O O R S O
E E E N 1 S N M I O O
L R Y S E N S D S N N D
I/I[/111AN/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
V, VI -E S1:SSION
MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
A igust >, 2014
G M:1YOIt'S PRF.SENTATIONS
U V ITED WAY Carol McCormack
11 PUBL[C HEARING:
?
l. ACQUISITION BY AGREEMENT or No Speakers
CON DEMNATION
Pacific Avenue Improvements
Phase [
I/I Ordinance to AUTHORIZE acquisition ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
ofeasements for Pacific Avenue Phase I CONSENT
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2
Ordinances to
ADOPTED, BY
11-0
Y
Y
Y
Y
Y
Y
Y
Y
Y
Y I
ACCEPT/APPROPRIATE/ CONSENT ?
TRANSFER:
a. $17Q500 re police
eyuipment/canines/DONATION of
tourniquets from Police Foundation
b. $55,000 to Police re internet crimes
against children
c. $7,974 re Victim Witncss
d. $150,000 to the City's cable television
franchise renewal rocess
K, 1 LLOYD T1'RONE HINESExpansion ofa APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
NOmconforming Use at 1209 Edison Road CONDITIONED, BY
CONSENT
PIZINCESS ANNE - DISTRICT 7
2 N6ARY MEYER CUP home-based DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
wildlife rehab at 547 Susan Constant INDEFINITELY
Drive
DISTRICT 5 - LYNNHAVEN
3 OVE SHOT TATTOO CUP re a tattoo APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
parlor at 1764 Independence Boulevard CONDITIONED, BY
CONSENT
B.aYSIDE - DISTRICT 4 _.l
CITY OF VIRG/NIA BEACH ?
S(14LMAR )' OF COUNClL ACT[ONS i
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t)ATF,: 08/19/2014 PAGE: 2 S-
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AGENDA H M A E W
I"ILM # SUBJECT MOTION VOTE E J A M S U 1
D N O K R M M S H L W
Y L N A T O O O R S O
E E E N I S N M I O O
R Y S E N S D S N N D
?
=1 CIllEWATERMEDICAL APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
TTtAINING/NORTHAMPTON CONDITIONED, BY
EXECUTIVE CENTER, LLC CUP re CONSENT
Vocational School at 1300 Diamond
Springs Road
BAYSIDE - DISTRICT 4
5 LILLEL FARMS, INC. COZ from PD- APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y l"
pROFFERED RE
H2 to P-1 to preserve open space at OPEN SPACE, BY
2120/2150 Centerville Turnpike CONSENT
CENTERVILLE - DISTRICT 1
6 HOME ASSOCIATES OF V[RGINIA, DEEERRED 11-0 Y Y Y Y Y Y Y Y Y Y
Conditional COZ from AG-1 to
InC INDEFINITELY, BY
. CONSENT
Conditional R-15 re single family at 1864
[ndian River Road !
PKINCESS ANNE - DISTRICT 7 ?
?
?
7 PILINCESSBORO DEVELOPMENT DEFERRED TO 11_0 Y Y Y Y Y Y Y Y Y Y
Conditional COZ from AG-2 to SEPTEMBER 16,
Conditional B-2 at 1901 Sandbridge Road 2014, BY CONSENT
re a rctaillandscape/garden nursery
PRINCESS ANNE - DISTRICT 7
3 NORTHAMPTON EXECUTIVE APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y l"
CLNTER, LLC Conditional COZ from PROFFERED
B-2 to Conditional A-36 re apartments
at 1300 Diamond Springs Road
B,1YSIDE - DISTR[CT 4 I
i
---7 ',
9 BREEDEN INVESTMENT APpROVED AS 11_0 y y y y Y Y Y Y Y Y
PROPERTIES, INC. COZ from B-2/R- PROFFERED, BY
?
CONSENT
51) to A-36 re multifamily dwellings at
Dulton/Alicia Drives
BAYSIDE - DISTRICT 4
I(: Ordinance Co AMEND the Public Works DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Dcsign Standards Manual: INDEFINITELY, BY
CONSENT
a. ADD Sections 209.3 re Temporary
Commercial Parking Lot Standards to ?
conform with Sections of Appendix l
of the CZO
b. Sections ofthe Subdivision Regulations
(Appendix B)
c. Sections of the Site Plan Ordinance
d. Sections of the Chesapeake Qay
Preservation Area Ordinance
(Appendix F)
( C/TY OF VIRGIN/A BEACH
SUd4MAR 3' OF COUNCIL ACTIONS
R
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AGENDA H M A E W
ITi:M # SUBJECT MOTION VOTE g J A M S U I {
D N O K R M M S H L W I
Y L N A T O O O R S O ?
E E E N I S N M I
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D
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I 1 Ordinances to AMEND the CZO:
a. Section 211 re signage for schools DEFERRED TO
SEPTEMBER 2, 11-0 Y Y Y Y Y Y Y Y Y Y Y
2014, BY CONSENT
b. Sections allowing farm breweries as ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
a permitted use in Agricultural CONSENT
Zoning Districts
l. N'IRGINIA BEACH COMMUNITY RESCHEDULED g y C O N S E N S U S
? llEVELOPMENT CORPORATTON
'c.
CHESAPEAKE BAY Appointed Unexpired 11-0 Y Y Y Y Y Y Y 1' Y Y Y
PRESERVAT[ON BOARD thra 12/3 1/14 + 3-Yr
Term 1/1/15 -
12/31/17
David France
Reappointed 3-Yr
Term 1/1/15 - ?
12/31/17
J. Reese Smith, Jr.
Dennis Sobota
GREEN R[BBON COMY[ITTEE Reappointed 1-Yr 11-0 Y Y Y Y Y Y Y Y Y Y `(
Term 10/1/14-
9/30/15 4
William R. Almond f
Jason Barney ?
Jane Barrett-McDanieis F
R. Edward Bonrdon,Jr. ?
Joshua D. Clark .
Jeanne Evans-Coz
Christy Everett- Ez Off.
Andrew Fine '
Karen Forgel I
i
Myrina L. Gaglione ?
Wayne McCoy
Robert Miller, tll
John Olivieri
Emily Steinhilber
IIIS'I'ORICAL REVIEVI' BOARD Reappointed 2-Yr 11-0 Y Y Y Y Y Y Y Y Y Y Y i
Term ll/1/14-
10/31/16
Debbie L. Bright ?
I Kimberle Rizzo ?
-i
M'N UNFINISHED BUSINESS
CiTY COUNC[L SESSIONS - APPROVED B Y C O N S E N S U S
NOVEMBER, 2014
a. NOVEMBER 4th RESCHEDULED
TO NOVEMBER 18, 2014
b. NOVEMBER llth
RESCHEDULED TO
?
i NOVEMBER 25, 2014
-
r -
CITY OI' 6'LRGlNIA BEACH
SUt14MAR 3' OF CO(INCLL ACTIONS
R
O
S
I)nl'li: 08/19/2014 PAGE: 4 S-
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AGENDA H M A E W
I"1liM # SUBJECT MOTION VOTE E J A M S U I
D N O K R M M S H L W
Y L N A T O O O R S O
E E E N I S N M I O O
R Y S E N S D S N N D
O ADJOL;RNMENT 6:14 PM
NOVEMBER CITY COUNCIL
SESSIONS
November 4"' - Election Day
Resc/zeduled to Novenzber I S'h
November 11`" - Veteran's Day
Rescheduled to November 25`h
CITYCODNCIL RETREAT
Economic Development Office
Town Center
Monday, September 8, 2014
2014 CITYHOLIDAYS
6=eierun,s 7)at' - Tcce,crlrn', ;1'orentlaer 11
?hunksgivirtg 1)ui' nird Dtav ufter Thnnlisivinr -
Tltt?r.sclt?y, :?4?vernber 27 rntd ! rit/u1', .l'r?vetnJ?er 28
Chri,strnas Eve (Ctalf=rlrq) - lt "erhze.s(tcry, Deccmfier 24
C7rrisonus Dar - Thur.cria)" Decemher 25
CITY COUNCIL MEETINGS RESCHEDULED
EFFECTIVE: J(INE 1, 2014
FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL
SESSIONS
FIRST TUESDAYS: OPEN CITIZEN DIALOGUE