SEPTEMBER 16, 2014 AGENDACITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WILLIAM D. SESSOMS, JR.. At Laroe
VICE MAYOR LOUIS R. JONES, Bnvside - Disti-ict 4
ROBERT M. DYER, Ceuteivil[e - District 1
BARBARA M. HENLEY, Princess Anne - Disti-ict 7
SHANNON DS KANE, Rose Ha[l - Disti-ict 3
BKAD MARTIN, P.E., At Lmge
JOHN D.MOSS, At Large
AMELlA ROSS-HAMMOND, Kempsville - Disti-ict 1
JOHN E. UNR/N, Bench - Disti-ict 6
ROSEMARY W/LSON. At Large
JAMES L. WOOD, Lvmalraven -District 5
CITY COUNCIL APPOINTEES
C/TY MANAGER - JAMES K. SPORE
C/TY ATTORNEY - MARK D. STlLES
C/TYASSESSOR JERALD D. BANAGAN
C/TYAUDITOR - LYNDON S. REM/AS
CITYCLERK RU THHODGESFR,4SER,MMC
CITY COUNCIL AGENDA
16 SEPTEMBER 2014
MAYOR WILLIAM D. SESSOMS, JR.
PRESIDING
ClTYHALL BUILDING
2401 COURTHOUSE DRNE
VIRGINLA BEACH, VIRGINIA 23456-900_5
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Crycncl@vbgov.coni
1. CITY COUNCIL BRIEFINGS - Conference Room - 4:00 PM
A. VIRGINIA BEACH DEVELOPMENT AUTHORITY ANNUAL REPORT
Elizabeth A. Twohy, Chair
B. LYNNHAVEN AQUACULTURE CENTER
Karen Forget, Executive Director Lynnhaven River NOW
Alan Gonyo, P.E., Langley & McDonald, Inc.
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL
5:00 PM
C. RECESS TD CLOSED SESSION
V. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Wayne Rickman
Senior Pastor
Saint Andrews United Methodist Church
C. PLEDGE OF ALLEGIANCE
D. ROLL CALL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
INFORMAL and FORMAL SESSIONS
G. FORMAL SESSION AGENDA
1. CONSENT AGENDA
H. PUBLIC HEARING
1. 2015 Legislative Agenda to the Virginia General Assembly
1. ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND the City Code:
a. Section 18-108 re temporary and transient businesses
b. Section 2-105 re Re-Employment
c. Sections re Southern Watersheds Management Ordinance
1. 1, 2, 3, 5, 7, 9, 11, 12 and 14 re various references
2. 8-31 re Permit Fees
3. 23-50 re Excessive Growth
4. 30-78 re Erosion and Sediment Control
5. Appendix D, Sec 1-6, re Technical Criteria
6. Appendix K, Sec 4.10, 6.3 and 6.4, re the Floodplain
September 2, 2014
2. Ordinance to CARRY FORWARD and APPROPRIATE previously approved funding in the
FY 2013-14 Budget:
a. $813,045 to the General Fund
b. $160,543 to the DEA Seized Property Special Revenue Fund
Resolution to ESTABLISH a Domestic Violence Fatality Review Team to be appointed by
City Council and annually report to the Council
4. Resolution to APPROVE a contract between the Community Services Board and the
Commonwealth of Virginia re mental health, retardation and substance abuse
5. Resolution to AUTHORIZE the Establishment of Robbie's Ambulance Service with an annual
EMS Permit re private ambulance services
6. Ordinance to AUTHORIZE temporary encroachments into portions of City property for
Michael and Lynda Tubridy re an existing walk and to construct and maintain a vinyl fence
and landscaping adjacent to 205 Aqua Lane
DISTRICT 6 - BEACH
7. Ordinance to TRANSFER $56,000 to the Sheriff's FY 2013-14 Operating Budget re excess
expenditures and encumbrances
J. PLANNING
Application of FIVE DOG NIGHT, LLC. for a Floodplain Variance and Modification of
Conditions of a Conditional Use Permit (approved February 22, 2005 ) re a Veterinary office and
Care Center at 1515 Drakesmile Road (Deferred from July 9, 2014)
DISTRICT 3 - ROSE HALL
RECOMMENDATION: APPROVAL
2. Application of TODD SWEIGART and MICHELE MATTIOLI for an Enlargement of a Non-
Conforming Us at 5000 Atlantic Avenue
DISTRICT 5 - LYNNHAVEN
RECOMMENDATION: APPROVAL
3. Application of COASTAL SUILDING GROUP, LLC for aSpecial Exception for Alternative
Compliance re Form-Based Code in the Oceanfront Resort District at 520 21 St Street
DISTRICT 6 - BEACH
RECOMMENDATION:
APPROVAL
4. Application of CAROLYN LATIOLAIS for a Conditional Use Permit re truck and trailer
rentals at 1209 Baker Road
DISTRICT 4 - BAYSIDE
RECOMMENDATION:
APPROVAL
5. Application of 30 WEST PERSHING, LLC/58" STREET WAREHOUSE, LLC for a
Conditional Use Permit re an outdoor recreation facility at Greenwich Road and I-264
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION:
APPROVAL
6. Application of VERIZON WIRELESS for a Conditional Use Permit re a communication tower
at 2185 Recreation Drive
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION:
APPROVAL
7. Application of VIRGINIA SEAGULL TRAVF,L BUS, INC for a Conditional Use Permit re a
transportation terminal at 649 Newtown Road
DISTRICT 2 - KEMPSVILLE
RFCOMMENDATION:
APPROVAL
8. Application of PAUL BRADLEY dba BRADLEY MARINE, LLC for a Conditional Use Permit
re boat repair and bulk storage at 588B Central Drive
DISTRICT 6 - BEACH
RECOMMENDATION:
APPROVAL
9. Application of PRINCESSBORO DEVELOPMENT for a Conditional Change of Zoning from
AG-2 Agricultural to Conditional B-2 Community Business at 1901 Sandbridge Road re a retail
landscape and garden center (Deferred August 19, 2014)
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION:
K. APPOINTMENTS
APPROVAL
BOARD OF ZONING APPEALS
CHESAPEAKE BAY PRESERVATION BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT COKPORATION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
??***«?*********?***»********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
*??**?****:?*•?:?**?*..+******
CITY COUNCIL MEETINGS RESCHEDULED
EFFECTIVE: JUNE 1, 2014
FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS
FIRST TUESDAYS: OPEN C/TIZEN DIALOGUE
SECOND/FOURTN TUESDA YS: WORKSHOPS - 4:00-6: 00 PM
***?*****?*:**********?*******
CITY COUNCIL WINTER RETREAT
Economic Development Conference Room
Town Center
Suite 700, 4525 Main Street
January 5-6, 2015
8:30 AM to S: 00 PM
2014 CITYHOLIDAYS
Yeferrrns DtXti, - Tuesrfcg, .1%ovember II
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Thurvdrr)% Nrrverrihtrr. ?? lrnr1 /-riclrrY, Nr3verncer 28
CFtristrrws I:?-e (IirKCf-drrj') - Wedrresclai', Dcrc•crnrlicrr 24
Clrr•is7mas i)trt° - T%rursdab'. Decerrzber 25
MAYOR WILLIAM D. SESSOMS, JR.
PRESIDING
1. CITY COUNCIL BRIEFINGS - Conference Room - 4:00 PM
A. VIRGINIA BEACH DEVELOPMENT AUTHORITY ANNUAL REPORT
Elizabeth A. Twohy, Chair
B. LYNNHAVEN AQUACULTURE CENTER
Karen Forget, Executive Director Lynnhaven River NOW
Alan Gonyo, P.E., Langley & McDonald, Inc.
II. CITY COUNCIL COMMENTS
III. CITY COUNCIL AGENDA REVIEW
IV. INFORMAL SESSION - Conference Room - 5:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL
C. RECESS TO CLOSED SESSION
IV. INFORMAL SESSION - Conference Room - 5:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- City Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Wayne Rickman
Senior Pastor
Saint Andrews United Methodist Church
C. PLEDGE OF ALLEGIANCE
D. ROLL CALL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
INFORMAL and FORMAL SESSIONS
September 2, 2014
G. FORMAL SESSION ACENDA
1. CONSENT AGENDA
H. PUBLIC HEARING
2015 Legislative Agenda to the Virginia General Assembly
I. ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND the City Code:
a. Section 18-108 re temporary or transient businesses
b. Section 2-105 re Re-Employment
c. Sections re Southern Watersheds Management Ordinance
1. 1, 2, 3, 5, 7, 9, 11,12 and 14 re various references
2. 8-31 re Permit Fees
3. 23-50 re Excessive Growth
4. 30-78 re Erosion and Sediment Control
5. Appendix D, Sec 1-6, re Technical Criteria
6. Appendix K, Sec 4.10, 6.3 and 6.4, re the Floodplain
2. Ordinance to CARRY FORWARD and APPROPRIATE previously approved funding in the
FY 2013-14 Budget:
a. $813,045 to the General Fund
b. $160,543 to the DEA Seized Property Special Revenue Fund
3. Resolution to ESTABLISH a Domestic Violence Fatality Review Team to be appointed by
City Council and annually report ro the Council
4. Resolution to APPROVE a contract between the Community Services Board and the
Commonwealth of Virginia re mental health, retardation and substance abuse
5. Resolution to AUTHORIZE the Establishment of Robbie's Ambulance Service with an annual
EMS Permit re private ambulance services
6. Ordinance to AUTHORIZE temporary encroachments into portions of City property for
Michael and Lynda Tubridy re existing wallc and to construct and maintain a vinyl fence and
landscaping adjacent to 205 Aqua I.ane
DISTRICT 6 - BEACH
7. Ordinance to TRANSFER $56,000 to the Sheriff s FY 2013-14 Operating Budget re excess
expenditures and encumbrances
t u ?^,
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Section 18-108 of the City Code Pertaining to
Temporary or Transient Businesses
MEETING DATE: September 16, 2014
¦ Background: In March 2001, the City Council enacted a business license
subclassification for community events. The 2001 Ordinance authorized organizations
that sponsor community events to apply for an umbrella license that satisfies the
business license requirement for all merchants and vendors selling goods and wares for
the duration of the community event. To meet the requirements for community event,
the host must be a nonprofit charitable organization, and the event cannot have a
duration of longer than thirty days. The cost of such umbrella license is $10 per
merchant or vendor; provided, however, the minimum is $50 and the maximum is $500.
¦ Considerations: The attached ordinance allows nonprofit churches and
religious bodies to obtain an umbrella license for no cost when the event is limited to
one calendar day. As a sponsoring organization, the church or religious body is
required to make application to the Commissioner of the Revenue. The ordinance also
provides that the umbrella license applies solely to the merchants and vendors. The
sponsoring organization may need other approvals if it is selling food and alcohol that
are outside of the scope of the community event umbrella license.
¦ Public Information: Public information will be provided through the normal
Council agenda process.
¦ Attachments: Ordinance
Requested by Councilmember Henley
REQUESTED BY COUNCILMEMBER HENLEY
1 AN ORDINANCE TO AMEND SECTION 18-
2 108 OF THE CITY CODE PERTAINING TO
3 TEMPORARY AND TRANSIENT
4 BUSINESSES
5
6 SECTION AMENDED: § 18-108
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 18-108 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and reordained to read as follows:
13 Sec. 18-108. Temporary or transient businesses.
14 (a) Except as provided in subsection (b) of this chapter, every person who engages
15 in, or transacts any temporary or transient business in the city for the sale of any goods,
16 wares, merchandise or services and who, for the purpose of carrying on such business,
17 hires, leases, uses or occupies any building or structure, motor vehicle, tent, car, boat or
18 public room, or any part thereof, including rooms in hotels, lodging houses or houses of
19 private entertainment, or in any street, alley or other public place, for the exhibition of or
20 sale of such goods, wares, merchandise or services, shall pay for such privilege a tax of
21 $500.00. Any such person conducting business in the city for thirty (30) consecutive
22 days or more shall obtain the license and pay the tax or fee required by sections 18-5
23 and 18-5.2 of this chapter. The license required by this section shall not be transferable.
24 (b) (1) The sale of goods, wares, merchandise and services in the city by merchants
25 and vendors at a community event or an event conducted by a nonprofit
26 charitable organization is hereby recognized as a distinct activity. Any
27 organization conducting such an event may obtain an umbrella license from the
28 commissioner of the revenue that will satisfy the business license requirement
29 for business transacted by all registered merchants and vendors at the event.
30 For any other business conducted in the city by any such merchant or vendor,
31 the appropriate license required by this chapter must be obtained.
32 (2) The cost of the umbrella license described in subsection (b)(1) shall be $10.00
33 per merchant or vendor; provided, however, that regardless of the number of
34 merchants and vendors, the cost of such license shall not be less than $50.00
35 nor more than $500.00.
36 (3) Notwithstandinq subsection (b)(2) a communitv event sponsored bv a nonprofit
37 church or other reliqious bodv may obtain an umbrelta license described in
38 subsection (b)(1) for no cost provided: (i) the nonprofit church or other reliqious
39 bodv makes proper application to the commissioner of the revenue; (ii) the
40 duration of the community event is limited to one calendar dav; and (iii) such
41 umbrella license is only applicable to merchants or vendors and is not
42 applicable to other activities such as the sale of prepared food or alcohol.
43 (43) As used in this section, a"community event" is any fair, show, exhibition,
44 or celebration conducted over a period of less than thirty (30) consecutive days
45 for which a permit is required pursuant to section 4-1 or section 24-6 of this
46 Code, and has been obtained. A"nonprofit charitable organization" means a
47 nonprofit corporation organized for charitable purposes that has been
48 designated by the Internal Revenue Service as a 501(c)(3) organization.
49 (54) For purposes of this section, a person shall be considered a merchant or
50 vendor at a community or charitable event only if he or she (i) has registered
51 with the event organizer, and (ii) only conducts business within the boundaries
52 of the area in which the event is held.
53 (6 5) Any organization issued an umbrella license pursuant to subsection (b) of
54 this section shall, within ten (10) days of the last day of the event for which such
55 license was issued, file with the commissioner of the revenue on a form
56 prescribed by the commissioner of the revenue, a final accounting of the
57 merchants and vendors who actually conducted business at the event.
58 (7 6) The provisions of this subsection are applicable only to the activities of
59 temporary or transient merchants and vendors, and shall not be applicable to
60 other licensable activities, including, but not limited to, persons operating
61 amusement and recreation parks, businesses or carnivals, street fairs and tent
62 shows. Any person who does business at a community event or event
63 conducted by a qualifying nonprofit organization and is not registered as a
64 merchant or vendor for the event shall be considered a temporary or transient
65 merchant as described in subsection (a), and shall be required to pay the tax
66 required by that subsection.
67 (c) Every person who has not been licensed for at least one year to sell or to offer
68 for sale goods, wares or merchandise, and who shall apply for a license to offer or sell
69 goods, wares or merchandise within the city, shall file, with the application for such
70 license, an affidavit from the owner of the building, structure or other property to be
71 used by such applicant, showing for what period of time the property to be used by such
72 applicant has been hired or leased by such applicant. No license, the license tax for
73 which is set out in this section, shall be issued unless such affidavit is attached to the
74 application; provided, however, that the commissioner of the revenue may, in lieu of
75 such affidavit, issue a regular merchant's or regular auctioneer's license to any applicant
76 upon the giving of a bond or security in such amount as will equal the specific tax
77 required by this section for a period of one year from the date of the applicant for such
78 license. Such bond or security shall provide that such amount shall be paid to the city in
79 the event and at any time during any such year that the commissioner of the revenue
80 shall receive sufficient evidence showing that it was the applicant's intention to engage
81 in or transact a temporary or transient business in the city.
82 (d) No person shall be exempt from the payment of the license tax imposed by this
83 section by reason of associating temporarily with any local merchant, dealer, trader or
84 auctioneer, or by reason of conducting such temporary or transient business in
85 connection with or as a part of the business in the name of any local merchant, dealer,
86 trader or auctioneer.
87 (e) The provisions of this section shall not apply to the sale, at an auction, of any
88 wagon, carriage, automobile, mechanics' tools, used farming implements, livestock,
89 poultry (dressed or undressed), seafood, vegetables, fruits, melons, berries, flowers or
90 leaf tobacco; or to the sale of used household furniture and used household effects,
91 when being sold at the residence of the housekeeper desiring to dispose of the same;
92 or to sales made to dealers by commercial travelers or selling agents or regularly
93 established merchants or manufacturers selling to the trade by sample for future
94 delivery from their established place of business; or to the sale of products raised upon
95 lands leased or owned by the seller; or to the sale of vegetables, fruits or other farm
96 products; or to hawkers on the streets; or to the sale of any goods by an assignee,
97 trustee, executor, fiduciary, officer in bankruptcy or other officer appointed by any court
98 of this state or of the United States; or to peddlers licensed under this chapter.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2014.
APPROVED AS TO LEGAL SUFFICIENCY:
?.
' y A or y's ffice
CA13101
R-2
September 8, 2014
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CITY OF VIRGINIA BEACH
AGENDA ITEM ,
ITEM: An Ordinance to Amend Section 2-105 of the City Code Pertaining to Re-
Employment
MEETING DATE: September 16, 2014
¦ Background: Under the current Health Plan Document, City and Schools
employees, hired before July 1, 2014, who retire with 25 years or more of service may
receive a City contribution towards the cost of remaining on the City's health care plan.
This contribution continues until the retiree becomes Medicare eligible (age 65, unless
they are disabled and became eligible for Medicare earlier).
The Health Plan Document is silent on how the 25 years is to be computed with respect
to retirees who have had a break in service. This has led to confusion in the
administration of the retiree health care plan. Schools counts total time with the
organization, even if the employee had breaks in service. However, two sections of the
City Code arguably limit the ability to treat City employees similarly. Specifically, Section
2-106 provides that if an employee leaves City employment but returns within twelve
(12) consecutive months, the emplovee is deemed to be reinstated and prior service
time is credited toward the probation period, annual leave, service awards, and other
longevity-based employment conditions or benefits. However, if an employee returns
following a separation from City employment of more than twelve (12) consecutive
months, Section 2-105 characterizes this return as re-employment and provides that
time served in prior employment with the City shall not be counted towards the
probation period, annual leave, service awards, or other longevity-based employment
conditions or benefits with the exception of the Virginia Retirement System benefit,
which is determined in accordance with state law.
It is not clear that City Council intended this result as it relates to the computation of
service time for purposes of the health care employer contribution. Prior resolutions of
the Council relative to retiree health care suggest that the Council intended for retirees
with cumulative service of 25 years or more to be entitled to employer contributions for
retiree health care coverage without regard to breaks in service. For example, the
Council's resolution in 2008 noted in a"whereas" clause (emphasis added):
[I]t is the desire of City Council that the premium charged for single
subscriber HMO coverage for City retirees who retire with at least 25
years of service with the City or combined years of service with the City,
Public Schoo/s, and/or a state agency whose employees are covered by
the City's healthcare plan, as well as those who retire on a work-related
disability compensable under the Workers Compensation Act before age
65 with at least 5 years of services with any combination of the above-
Ordinance Regarding Re-Employment
Page 2 of 2
listed employers, shall be the same premium for single subscriber HMO
coverage that employees pay for single subscriber HMO coverage ....
The resolution then directed (emphasis added):
That the premium charged for single subscriber HMO coverage for
retirees who retire from the City with at least 25 combined years of service
with the City, Virginia Beach Public Schools, and/or a state agency whose
employees are covered by the City's healthcare plan, as well as those
who retire on a work-related disability compensable under the Workers
Compensation Act before age 65 with at least 5 years of service with any
combination of the above-listed employers, shall be the same premium for
single subscriber HMO coverage that employees pay for single subscriber
HMO coverage.
That language is consistent with language in similar resolutions adopted by the Council
in 1992, 1990 and 1987. Therefore, in order to provide clarity on this point and to
ensure consistent treatment for our City and Schools employees, this amendment would
modify Section 2-105 to specifically provide that all benefits-eligible time in City
employment is included for purposes of determining eligibility for the employer's
contribution toward retiree health care premiums, regardless of breaks in service.
¦ Considerations: Six retired City employees who had a break in service of more
than twelve months but whose cumulative years with the City totaled 25 years or more
have received retiree health care coverage with the employer contribution. Of those six,
two are no longer on the plan because they are Medicare eligible. The total amount of
employer contributions to date for these six retirees is approximately $92, 000.
¦ Public Information: Public information will be provided through the normal
Council agenda process.
¦ Alternatives: Adopt the ordinance, which would affirm the current practice of
providing employer contributions to retirees with at least 25 cumulative years of service,
or not adopt the ordinance, which will mean that employees with a break in service of
more than a year will no longer receive credit for service years prior to the break in
service for purposes of determining eligibility for the employer contribution for retiree
health care coverage.
¦ Recommendations: Staff recommends that City Council adopt the ordinance.
¦ Attachments: Ordinance.
Recommended Action: Approval
Submitting DepartmentlAgency: Human Resour4"°
? _'v
City Manager. L , vy-4?_
1 AN ORDINANCE TO AMEND SECTION 2-105
2 OF THE CITY CODE PERTAINING TO RE-
3 EMPLOYMENT
4
5 SECTION AMENDED: § 2-105
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 2-105 of the Code of the City of Virginia Beach, Virginia, is hereby
11 amended and reordained to read as follows:
12 Sec. 2-105. Re-employment.
13 (a) Re-employment shall be defined as the employment of a former permanent or
14 probation city employee following a separation from city employment of more than
15 twelve (12) consecutive months, or the employment of a former part-time city
16 employee, hired on or after July 1, 1996, following a separation from city
17 employment of any length of time. All other conditions of section 2-104 shall apply.
18 (b) All time served in previous employment with the city shall not be counted towards
19 the probation period, annual leave, service awards, or other longevity-based
20 employment conditions or benefits with the exception ofL.L11 the Virginia Retirement
21 System benefit that is determined in accordance with state law: and (2) determininq
22 eliqibility for the employer's contribution toward retiree healthcare qremiums.
23 Eligible veterans returning to the city should refer to the V°+°ra^°' °° °^,^'^„m°^+
24 Military Leave Policy and Procedure.
25 Adopted by the City Council of the City of Virginia Beach, Virginia, on this _
26 day of 12014.
APPROV , AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
H man Resources City ttorney's Office
CA 13044
R-1
June 16, 2014
CITY OF VIRGINIA BEACH
AGENDA ITEM ,
ITEM: An Ordinance to Amend Sections 1, 2, 3, 5, 7, 9, 11, 12 and 14 of the
Southern Watersheds Management Ordinance (Appendix G) Pertaining to
the References to Southern Watersheds
An Ordinance to Amend Section 8-31 of the City Code Pertaining to
Permit Fees and the Reference to Southern Watersheds
An Ordinance to Amend Section 23-50 of the City Code Pertaining to the
Accumulation and Excessive Growth of Grass and Weeds and the
Reference to Southern Watersheds
An Ordinance to Amend Section 30-78 of the City Code Pertaining to
Erosion and Sediment Control and the Reference to Southern Watersheds
An Ordinance to Amend Section 1-6 of the Stormwater Management
Ordinance (Appendix D) Pertaining to the Reference to Southern
Watersheds
An Ordinance to Amend Sections 4.10, 6.3 and 6.4 of the Floodplain
Ordinance (Appendix K) Pertaining to the Reference to Southern
Watersheds
MEETING DATE: September 16, 2014
¦ Background: Earlier in 2014, the Environment and Sustainability Office and the
Center for GIS, with input from the Department of Parks and Recreation and the
Department of Public Works, worked together to update the Primary and Secondary
Regulatory Watersheds for the City of Virginia Beach to develop a consistent set of
maps that could be used throughout the City. An effort was made to make watershed
areas and names consistent with State and Federal watersheds. In order to do this,
several new secondary watersheds were included on the maps to show areas where
water drains directly into the Atlantic Ocean or Chesapeake Bay and the Southern
Watersheds was renamed to the Southern Rivers Watershed.
¦ Considerations: The proposed amendments would formally change the name
of the Southern Watersheds to the Southern Rivers Watershed, making the naming of
this watershed consistent with the state name and the newly developed GIS maps. This
change is necessary to begin using the new maps without a break in enforcement.
There will be no impacts other than formalizing the name change.
¦ Public Information: Public information will be provided through the normal
Council agenda process.
Chesapeake Bay Gateways Grant
Page 2 of 2
¦ Recommendations: Approve the Ordinance.
¦ Attachments: Ordinance.
Recommended Action: Apprc
Submitting DepartmentlAgen
City Manager: ?
1 AN ORDINANCE TO AMEND SECTIONS 1,
2 2, 3, 5, 7, 9, 11, 12 AND 14 OF THE
3 SOUTHERN WATERSHEDS MANAGEMENT
4 ORDINANCE (APPENDIX G) PERTAINING
5 TO THE REFERENCES TO SOUTHERN
6 WATERSHEDS
7
8 SECTIONS AMENDED: Southern Watersheds
g Management Ordinance §§ 1, 2, 3, 5, 7, 9, 11,
10 12 and 14
11
12 WHEREAS, the public necessity, convenience, general welfare and good zoning
13 practice so require;
14
15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
17
18 That Sections 1, 2, 3, 5, 7, 9, 11, 12 and 14 of the Southern Watersheds
19 Management Ordinance are hereby amended and reordained to read as follows:
20
21 APPENDIX G: SOUTHERN RIVERS WATERSHEDS MANAGEMENT ORDINANCE
22
23 Sec. 1. Title.
24
25 This ordinance shall be known as the Southern Rivers Watersheds Management
26 Ordinance of the City of Virginia Beach.
27
28 Sec. 2. Findings af fact.
29
30 (a) The watersheds of the North Landing River, the Northwest River, the
31 Small Coastal South Watershed and Back Bay, collectively referred to herein as the
32 Southern Rivers Watersheds of the city, and the waterways they contain, constitute a
33 unique and sensitive environment inclusive of coastal primary sand dunes, tidal
34 wetlands, nontidal wetlands and sensitive soils.
35
36 (b) Extensive floodplains and marsh fringes bordering the waterways within
37 the Southern Rivers Watersheds provide a unique and valuable habitat. Lands adjacent
38 to waterways have an intrinsic water quality value due to the ecological and biological
39 processes they perform or which accur within them.
40
41 (c) Much of the land area comprising the Southern Rivers Watersheds
42 currently supports forestal, agricultural, recreational, and conservation activities. Any
43 future development must be undertaken in a manner which encourages harmony
44 among development, agriculture, recreation and conservation.
45
46 (d) The primary topographic feature characterizing the Southern Rivers
47 Watersheds is the flatness of the lands surrounding Back Bay, the North Landing River,
48 the Northwest River, and the Small Coastal South Watershed and their respective
49 tributaries. The lack of topographic relief is a unique characteristic of the Southern River
50 Watersheds which must be considered when undertaking development and agricultural
51 activities within the watersheds.
52
53 ....
54
55 (u) Much of the area within the Southern Rivers Watersheds lies within
56 natural areas identified in the Virginia Beach Natural Areas Inventory and contains
57 significant natural heritage resources.
58
59 Sec. 3. Objectives.
60
61 This ordinance is intended to protect, enhance and restore the quality of waters
62 within the Southern Rivers Watersheds of the city. In order to protect, maintain, and
63 enhance both the immediate and the long-term health, safety and general welfare of the
64 citizens of the City of Virginia Beach, this ordinance has the following objectives:
65
66 ....
67
68 (b) To enhance, restore and protect the chemical, physical and biological integrity
69 of waters within the Southern Rivers Watersheds;
70
71 ....
72
73 (e) To minimize or reduce the transport of pollutants to the waters of the Southern
74 Rivers Watersheds;
75
76 ....
77
78 (j) To protect, restore and maintain plant and animal, including fish, communities in
79 the Southern Rivers Watersheds;
2
80
81 ....
82
83 Sec. 5. Applicability.
84
85 This ordinance shall apply to:
86
87 (a) Development upon any lands or waters within the watershed of the North
88 Landing River, the Northwest River, the Small Coastal South Watershed, or
89 Back Bay, which watersheds are collectively referred to herein as the Southern
90 Rivers Watersheds;
91
92 (b) Any artificial alteration of the level or flow of any watercourse or impoundment of
93 water; and
94
95 (c) To the extent set forth in section 10 of this ordinance, agricultural activities
96 within the Southern Rivers Watersheds.
97
98 ....
99
100 Sec. 7. Performance standards.
101
102 ....
103
104 (c) Development in, or within fifty (50) feet of, any wetland or shoreline,
105 except wetlands or shorelines established in connection with structural best
106 management practice facilities, shall be prohibited; provided, however, that vegetation
107 may be cleared for the establishment of access paths if such removal is undertaken in a
108 manner which minimizes land disturbance and impacts to remaining vegetation and
109 maintains the functional value of the fifty-foot area as a stormwater filter; and provided
110 further, that water-dependent facilities may be located within such area. Public
111 highways may be constructed in or across wetlands or shorelines or within fifty (50) feet
112 thereof under the following conditions:
113
114 (1) Any land-disturbing activity associated with such construction shall be in
115 compliance with the erosion and sediment control requirements set forth in
116 sections 30-56 through 30-78 of the City Code, or in the case of state agency
117 projects, with such conservation plan or erosion and sediment control
118 specifications as may be approved by the department of conservation and
119 recreation;
3
120
121 (2) There is no practicable alternative location which would have less adverse
122 impact on wetlands or waters within the Southern Rivers Watersheds, taking
123 into consideration cost, existing technology, and logistics in light of overall
124 project purposes; and
125
126 (3) Appropriate and practicable measures are taken to minimize potential adverse
127 effects of such construction, including any discharge of material associated
128 therewith, on wetlands or waters within the Southern Rivers Watersheds.
129
130 ....
131
132 Sec. 9. Southern Rivers Watersheds Management Plan.
133
134 (a) The developer of any land within the Southern Rivers Watersheds shall,
135 prior to undertaking any land-disturbing activity, submit a Southern Rivers Watersheds
136 Management Plan if such development is subject to the requirements of section 7(e)
137 hereof. No such land-disturbing activity shall take place until the plan is approved and
138 all required permits and approvals have been granted. There shall be included in the
139 plan sufficient information for the development services center and the departments of
140 planning, agriculture and public works to evaluate the environmental characteristics of
141 the affected areas, the potential and predicted impacts of the proposed activity on
142 waters and wetlands within the Southern Rivers Watersheds and the effectiveness and
143 acceptability of those measures proposed by the applicant for preventing or minimizing
144 adverse impacts. The plan shall contain maps, charts, graphs, tables, photographs,
145 narrative descriptions and explanations and citations to supporting references, as
146 appropriate, to communicate the information required by this section.
147
148 ....
149
150 Sec. 11. Procedures.
151
152 (a) A presubmittal meeting with the development services center to discuss
153 the project in order to facilitate the development review process is encouraged.
154
155 (b) A processing fee shall be collected at the time the Southern Rivers
156 Watersheds Plan is submitted, which fee shall defray the cost of administration of this
157 ordinance, including costs associated with plan review, issuance of permits, periodic
158 inspection for compliance with approved plans, and necessary enforcement. Such fee
4
159 shall be in an amount equal to the fee required by section 7 of the Stormwater
160 Management Ordinance [Appendix D].
161
162 (c) Within sixty (60) working days after submission of the completed Southern
163 Rivers Watersheds Plan, the development services center shall approve the plan, with
164 or without specified conditions or modifications, or reject the plan, and shall notify the
165 applicant accordingly. If the development services center has not rendered a decision
166 within sixty (60) working days after submission of the plan, the plan shall be deemed
167 approved and the applicant shall be authorized to proceed with the proposed activity. If
168 the plan is rejected or modified, the development services center shall specify such
169 modifications, terms or conditions as will allow approval of the plan; provided, however,
170 that it shall not be the responsibility of the development services center to design an
171 acceptable project.
172
173 [(d), (e) Reserved.]
174
175 (f) The Southern Rivers Watersheds Management Plan shall not be
176 approved unless it clearly indicates that the proposed development meets all
177 requirements of this ordinance, except such requirements as have been deleted or
178 modified pursuant to variance.
179
180 (g) Inspections: No Southern Rivers Watersheds Management Plan shall be
181 approved without adequate provision for inspection of the property, as follows:
182
183 (1) Initial inspection: prior to approval of the management plan;
184 (2) Bury inspection: prior to burial of any underground drainage structure;
185 (3) Erosion control inspection: prior to any land-disturbing activity and as
186 deemed necessary thereafter to ensure effective control of erosion and
187 sedimentation; and
188 (4) Finish inspection: at such time as all land-disturbing or development
189 activities have been completed.
190
191 ....
192
193 Sec. 12. Variances and Appeals.
194
195 (a) The city manager or his designee may authorize in specific cases a
196 variance from any retorernen requirement of this ordinance which will not be contrary to
197 the public interest when, by reason of the existence of special conditions, a strict
5
198 enforcement of such requirement will result in unnecessary hardship. No variance shall
199 be authorized unless:
200
201 ....
202
203 When a variance is granted, the city manager or his designee may attach such
204 conditions and safeguards as are deemed necessary to protect water quality in the
205 Southern Rivers Watersheds, and may require a guarantee or bond to assure
206 compliance....
207
208 Sec. 14. Enforcement.
209
210 (a) Any development commenced without the prior approval of a Southern
211 Rivers Watershed-s Management Plan or which is conducted contrary to such approved
212 plan shall be deemed a public nuisance and may be enjoined or abated by the city in a
213 manner provided by law without the necessity of showing that no adequate remedy at
214 law exists.
215
216 ....
217
218 (e) Prior to the approval of any Southern Rivers Watersheds Management
219 Plan, there shall be required of the applicant a reasonable performance bond, cash
220 escrow, letter of credit or other legal surety or combination thereof acceptable to the city
221 attorney to ensure that measures may be taken by the city, at the applicant's expense,
222 should he fail, after reasonable notice, within the time specified in such notice, to
223 comply with the requirements of this ordinance. Within sixty (60) days after final
224 inspection of the development activity, such surety, or the unexpended or unobligated
225 portion thereof, shall be returned to the applicant or terminated, as the case may be.
226
227 ....
228
229 COMMENT
230
231 There has been some confusion as to the exact name and location of the Southern
232 Watersheds. This amendment will clarify and more accurately identify the Southern Watersheds,
233 as the Southern Rivers Watershed. This amendment brings the name into conformity with the
234 identification used by the Commonwealth.
235
236 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
237 of , 2014.
6
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
?
Plannin D artment City Attorney's Office
CA13067
R-3
August 12, 2014
1 AN ORDINANCE TO AMEND SECTION 8-31
2 OF THE CITY CODE PERTAINING TO
3 PERMIT FEES AND THE REFERENCE TO
4 SOUTHERN WATERSHEDS
5
6 SECTION AMENDED: City Code § 8-31
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 8-31 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and ordained to read as follows:
13
14 Sec. 8-31. Permit fees-Building permits.
15
16 ....
17
18 (10) Alterations, repairs, private piers, bulkheads, pools, elevators, commercial
19 interior finish, miscellaneous structures and structures located in a
20 Chesapeake Bay Preservation Area or a Southern Rivers Watersheds
21 Area for which a permit fee is not otherwise prescribed by this section,
22 including, but not limited to, patios and driveways-value of construction-
23 Thirty dollars ($30.00) plus five dollars ($5.00) for each one thousand
24 dollars ($1,000.00) of value of construction or fraction thereof.
25
26 ....
27
28 COMMENT
29
30 There has been some confusion as to the exact name and location of the Southern
31 Watersheds. This amendment will clarify and more accurately identify the Southern Watersheds,
32 as the Southern Rivers Watershed. This amendment brings the name into conformity with the
33 identification used by the Commonwealth.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2014.
APPROVED AS TO CONTENT
Planning Qopartment
APPROVED AS TO LEGAL SUFFICIENCY:
.
?
City Attorney's Office
CA13069/R-21August 6, 2014
1 AN ORDINANCE TO AMEND SECTION
2 23-50 OF THE CITY CODE PERTAINING
3 TO THE ACCUMULATION AND
4 EXCESSIVE GROWTH OF GRASS AND
5 WEEDS AND THE REFERENCE TO
6 SOUTHERN WATERSHEDS
7
8 SECTION AMENDED: City Code § 23-50
9
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12
13 That Section 23-50 of the Code of the City of Virginia Beach, Virginia, is hereby
14 amended and ordained to read as follows:
15
16 Sec. 23-50. Accumulations of trash, garbage, etc., or excessive growth of weeds
17 or grass.
18
19 ....
20
21 (f) The provisions of subsection (b) shall not apply to the following areas:
22
23 ....
24
25 (12) Any other area required to be vegetated by reason of the application of the
26 City Zoning Ordinance [appendix A], Subdivision Ordinance [appendix B],
27 Site Plan Ordinance [appendix C], Stormwater Management Ordinance
28 [appendix D], Chesapeake Bay Preservation Area Ordinance [appendix
29 F], Southern Rivers Watersheds Management Ordinance [appendix G], or
30 any other ordinance or provision of law.
31
32 COMMENT
33
34 There has been some confusion as to the exact name and location of the Southern
35 Watersheds. This amendment will clarify and more accurately identify the Southern Watersheds,
36 as the Southern Rivers Watershed. This amendment brings the name into conformity with the
37 identification used by the Commonwealth and the provisions of Appendix G.
38
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
? kA44r----- [??Lm N i+VA 1/0
Planning D partment City Attorney's Office
CA13070/R-2/August 6, 2014
1 AN ORDINANCE TO AMEND SECTION
2 30-78 OF THE CITY CODE PERTAINING
3 TO EROSION AND SEDIMENT CONTROL
4 AND THE REFERENCE TO SOUTHERN
5 WATERSHEDS
6
7 SECTION AMENDED: City Code § 30-78
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11
12 That Section 30-78 of the Code of the City of Virginia Beach, Virginia, is hereby
13 amended and ordained to read as follows:
14
15 Sec. 30-78. Incorporation of Chesapeake Bay Preservation Area Ordinance and
16 the Southern Rivers Watersheds Management Ordinance.
17
18 The provisions of the Chesapeake Bay Preservation Area Ordinance and the
19 Southern Rivers Watersheds Management Ordinance and any future amendments
20 thereto, are hereby adopted and incorporated by reference as requirements of this
21 article in the areas of the city to which they apply. Such provisions shall be deemed to
22 be in addition to, and not in lieu of, the provisions of this article except in cases of
23 conflict, in which event the more restrictive provision shall apply.
24
25 COMMENT
26
27 There has been some confusion as to the exact name and location of the Southern
28 Watersheds. This amendment will clarify and more accurately identify the Southern Watersheds,
29 as the Southern Rivers Watershed. This amendment brings the name into conformity with the
30 identification used by the Commonwealth and Appendix G.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of 12014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
?.
r
Plannin Department City Attorney's Office
CA13071/R-2/August 6, 2014
1 AN ORDINANCE TO AMEND SECTION 1-6
2 OF THE STORMWATER MANAGEMENT
3 ORDINANCE (APPENDIX D) PERTAINING
4 TO THE REFERENCES TO SOUTHERN
5 WATERSHEDS
6
7 SECTION AMENDED: Stormwater Management
8 Ordinance § 1-6
9
10 WHEREAS, the public necessity, convenience, general welfare and good zoning
11 practice so require;
12
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15
16 That Section 1-6 of the Stormwater Management Ordinance is hereby amended
17 and reordained to read as follows:
18
19 Sec. 1-6. Stormwater management plan; content of plan.
20
21 A. The Stormwater Management Plan, required in section 1-4 of this
22 Ordinance, must apply the stormwater management technical criteria set forth in
23 sections 1-10 through 1-19 and 1-22 through 1-27 of this Ordinance to the entire site or
24 common plan of development or sale where applicable, consider all sources of surface
25 runoff and all sources of surface and groundwater flows converted to surFace runoff.
26 Individual lots in new residential, commercial or industrial developments shall not be
27 considered separate land-disturbing activities. Approved stormwater management plans
28 for residential, commercial or industrial subdivisions govern the individual parcels within
29 that plan throughout the development life of the lots even with subsequent owners.
30
31 The Stormwater Management Plan shall include the following information:
32
33 ....
34
35 8. A map or maps of the site that depicts the topography of the site
36 and includes:
37
38 ....
39
40 X. All Southern Rivers Watershed buffers and nontidal
41 wetlands, pursuant to Appendix G of the Virginia Beach City
42 Code; and
43 ....
44
45 COMMENT
46
47 There has been some confusion as to the exact name and location of the Southern
48 Watersheds. This amendment will clarify and more accurately identify the Southern Watersheds,
49 as the Southern Rivers Watershed. This amendment brings the name into conformity with the
50 identification used by the Commonwealth and the provisions of Appendix G.
51
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:
Planning
CA13066
R-3
August 6, 2014
City Attorney's Office
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
AN ORDINANCE TO AMEND SECTIONS
4.10, 6.3 AND 6.4 OF THE FLOODPLAIN
ORDINANCE (APPENDIX K) PERTAINING
TO THE REFERENCE TO SOUTHERN
WATERSHEDS
SECTIONS AMENDED: Floodplain Ordinance
§§ 4.10, 6.3 and 6.4
WHEREAS, the public necessity, convenience, general welfare and good zoning
practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 4.10, 6.3 and 6.4 of the Floodplain Ordinance are hereby amended
and reordained to read as follows:
APPENDIX K FLOODPLAIN ORDINANCE
Sec. 4.10. Floodplain subject to special restrictions.
A. All FIRM delineated SFHAs located in the following areas shall be
identified as a floodplain subject to special restrictions:
1. North Landing River and its tributaries south of Lynnhaven Parkway;
2. West Neck Creek and its tributaries south of Shipps Corner Road, London
Bridge Road, and the portion of Dam Neck Road east of its intersection
with London Bridge Road; and
3. Bays, creeks, lakes, guts, coves, wetlands, marshes and swamps and
their tributaries comprising the Back Bay and Small Coastal South
watersheds south of South Birdneck Road and east of Princess Anne
Road and General Booth Boulevard.
41
42 COMMENT
43
44 There has been some confusion as to the exact name and location of the Southern
45 Watersheds. This amendment will clarify and more accurately identify the Southern Watersheds.
46 The Small Coastal South Watershed is the portion of Sandbridge that drains into the Atlantic
47 Ocean, and should be included as part of the floodplains subject to special restrictions.
48
49 Sec. 6.3. Application Process.
50
51 ....
52
53 B. All applications shall be accompanied by the following:
54
55 1. A separate map, on a 1" =100' or greater scale, identifying all
56 proposed land disturbance, including fill and mitigation areas, and
57 the limits of the existing and proposed SFHAs, tidal and non-tidal
58 wetlands, Southern Rivers Watershed Management Area Buffer,
59 and CBPA Resource Protection Area Buffer; and
60
61 ....
62
63 Sec. 6.4. Requirements.
64
65 No variance shall be granted unless the following requirements are met:
66
67 ....
68
69 G. All variances shall meet all of the requirements for the Chesapeake Bay
70 Preservation Area Ordinance (Appendix F) and the Southern Rivers Watersheds
71 Management Ordinance (Appendix G), unless a variance therefrom is granted.
72
73 COMMENT
74
75 There has been some confusion as to the exact name and location of the Southern
76 Watersheds. This amendment will clarify and more accurately identify the Southern Watersheds,
77 as the Southern Rivers Watershed. This amendment brings the name into conformity with the
78 identification used by the Commonwealth.
2
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:
Plann g epartment City Attorney's Office
CA13068
R-4
August 12, 2014
3
r„??? m?•,b?.., g1
YC ?S
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Carry Forward and Appropriate $973,588 for Purposes
Previously Approved in FY 2013-14 into the FY 2014-15 Operating Budget
MEETING DATE: September 16, 2014
¦ Background: The Annual Appropriation Ordinance provides for the carry
forward of appropriation authority to the next fiscal year for authorized obligations and
encumbrances. S.ee § 8 of the FY 2014-15 Operating Budget Appropriation Ordinance.
On the other hand, funds that are approved for a specific purchase or contract, but
remain unobligated or unencumbered at the end of the year, may be requested by
departments to be carried forward to the next fiscal year. Situations that might
necessitate funds being carried forward include the following:
Funding was approved in FY 2013-14 to purchase a piece of equipment or
renovate a small building but, due to extenuating circumstances, the department
did not finalize the purchase or complete the project prior to the end of the fiscal
year;
Funds were approved by City Council by a budget amendment or City Manager
by authorized transfer late in the fiscal year and the expenditure could not be
completed prior to the end of the fiscal year; and
Funds provided for a specific grant program were unused during the fiscal year
and are being carried forward to combine with grant funds in the new fiscal year.
Funds that are approved to be carried forward are then re-appropriated from the fund
balance of their respective funds into the current fiscal year. Budget and Management
Services reviews all departmental carry forward requests to determine that the request
meets the eligibility requirements (discussed below) and also to ensure that there is
sufficient fund balance to meet City Council's fund balance policy.
¦ Considerations: Criteria applied by Budget and Management Services to
determine whether or not funds are eligible to be carried over from one fiscal year to the
next are as follows:
• The funds requested to be carried over must remain in the same fund, budget
unit, and account code in the new fiscal year as they were in the old fiscal year;
• Situations outside of the control of the department prevented the expenditure of
funds for the uses for which they were originally budgeted;
• Funds that are intended for a specific timeframe, such as personal services, are
not eligible for consideration;
• The purpose for which funds are requested to be carried forward are not also
budgeted in the department in the new fiscal year;
• Funds can only be carried forward to the new fiscal year for the same purpose
that they were specifically budgeted in the previous fiscal year;
. Funding is available in the legal appropriation unit (as identified in the Operating
Budget Ordinance) or department to be carried over to the next fiscal year; and
• The item(s) for which funding is requested to be carried over must be critical to
the mission of a program or service offered by the City.
The total amount of this request is $973,588. Of that amount, $813,045 is for the
General Fund; $160,543 is for the DEA Seized Property Special Revenue Fund.
¦ Public Information: Public information will be handled through the normal City
Council agenda process.
¦ Attachments: Ordinance, Exhibit A: FY 2013-14 Items Requested for Carry
Forward into FY 2014-15.
Recommended Action: Approval of Ordinance
Submitting Department/Agency: Budget and Management Servi
City Manager:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AN ORDINANCE TO CARRY FORWARD AND
APPROPRIATE $973,588 FOR PURPOSES PREVIOUSLY
APPROVED IN FY 2013-14 INTO THE FY 2014-15
OPERATING BUDGET
Whereas, funding totaling $973,588 were unexpended at the close of the in the
FY 2013-14 fiscal year and require re-appropriation to achieve the purposes for which
such funds were included in the FY 2013-14 Operating Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $973,588 is hereby appropriated in the FY 2014-15 Operating Budget for
the purposes and amounts as set forth in the attachment entitled "Exhibit A: FY 2013-14
Items Requested for Carry Forward into FY 2014-15," with revenue from the respective
fund balances of each fund.
Requires an affirmative vote by a majority of all of the members of City Council.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget and Management Serv)ces City Attorney's Office
CA13099
R-1
September 3, 2014
Exhibit A: FY 2013-14 Items Requested for Carry Forward into FY 2014-15
Department Amount Purpose / Comments
City Attorney's Office $ 54,694 Outside counsel for Light Rail Project.
Commissioner of Revenue $ 1,391 Accela Governmentai Software annual maintenance.
Finance/Director's Office $ 50,000 Contractual services for Light Rail Project.
Finance/Comptroller's Office $ 26,495 Replacement costs for the Comprehensive Annual
Financial Reporting System (CAFR).
Public Works/Engineering $ 45,640 Studying the options for Light Rail.
Planning/Environment and Sustainability $ 4,628 Virginia Land Conservation Foundation
Economic Development $ 100,790 Moving offices expense: signage, miliwork, AV,
furniture, door, goods/services, and miscellaneous
items.
Cultural Affairs $ 29,074 Return of fund balance for funding to arts and cultural
obligations.
Non Departmental/VB Living River Trust $ 100,000 legal and operational elements towards project
implementation.
ComIT/Computer Replacements $ 173,629 Continue replacement of City's computers.
Museums/Aquarium $ 64,742 Completion of the digital radio system.
Museums/3D Theater $ 90,000 Advertising & lease/rental of equipment for grand
opening.
Museums/Guest Operations $ 2,500 AED's
Museums/Historic Homes Admin $ 52,962 Condition assessment reports and professional
conservation of museum objects.
Strategic Growth Areas $ 16,500 Costs associated with the move and build out: locks,
glass, furnishings, duct work, cabinetry, bookshelves,
electrician work, and recessed lighting.
TOTAL GENERAL FUND $ 813,045
Police - DEA - Special Investigative Division $ 160,543 Originally appropriated from funds given by the Office
of the Attorney General to use for Crisis Intervention
Training of Law Enforcement over a two year period.
TOTAL DEA SEIZED PROPERTY SPECIAL REVENUE $ 160,543
FUND
TOTAL CARRY FORWARDS $ 973,588
wee???
CITY OF VIRGINIA BEACH
` AGENDA ITEM
ITEM: A Resolution Establishing a Domestic Violence Fatality Review Team for
Virginia Beach
MEETING DATE: September 16, 2014
¦ Background: The General Assembly, upon the request of a task force of the
Virginia Commission on Family Violence Prevention, adopted legislation designed to
address domestic violence fatalities. The legislation authorizes localities to establish
family violence fatality teams to examine fatal family violence incidents and to create a
body of information to help prevent family violence fatalities. The Commonwealth's
Attorney has requested, and the City Manager has recommended, that the City Council
establish a domestic violence fatality review team (the "Review Team") for Virginia
Beach.
¦ Considerations: The attached resolution will establish the Review Team. The
purposes of the Review Team will be (1) to engage agencies, organizations and
systems which provide services to victims and perpetrators to identify gaps in system
responses and provide for increased communication and collaboration amongst the
agencies involved; (2) to operate under the assumption that all persons and agencies
involved care deeply about preventing violence within the family and operate in good
faith, using best judgment and information available at the time; (3) to evaluate events
that lead to family and intimate partner violence fatalities; and (4) to offer
recommendations that will benefit the community and improve public safety.
The Review Team will have the authority to review the facts and circumstances
of all fatal family violence incidents that occur in the City. The Review Team will consist
of a representative from each of the following entities: the Virginia Beach
Commonwealth's Attorney's Office, the State Medical Examiner's Office, the Virginia
Beach Department of Social Services; Samaritan House; the Virginia Beach Community
Corrections and Pretrial; the Virginia Beach Magistrate Office; the Virginia Beach
Victim-Witness Office; and Fleet & Family Support Services. The Review Team will
also include other representatives from organizations or other professionals as defined
in the Domestic Violence Fatality Review Resource Manual developed by Virginia's
Chief Medical Examiner and a Virginia Beach Fatality Review Team facilitator. The
Review Team's activities will be governed by the provisions of the state law that
authorizes its creation. Finally, the Review Team will submit an annual report to the
City Council.
¦ Public Information: Public information will be provided through the normal
Council agenda process.
Domestic Violence Fatality Review Team
Page2of2
¦ Attachment: Resolution
Recommended Action: Approval
Submitting Department/Agency: Commonwealth's Attorney /?(j?5
l/L?J
City Manager: L . ?6NOL
A RESOLUTION ESTABLISHING A DOMESTIC VIOLENCE
FATALITY REVIEW TEAM FOR VIRGINIA BEACH
1 WHEREAS, the Virginia General Assembly, upon the request of a task force of
2 the Virginia Commission on Family Violence Prevention, adopted legislation designed to
3 address domestic violence fatalities; and
4 WHEREAS, this legislation, found at Virginia Code § 32.1-283.3, authorizes
5 localities to establish family violence fatality teams "to examine fatal family violence
6 incidents and to create a body of information to help prevent family violence fatalities";
7 and
8 WHEREAS, the Commonwealth's Attorney has requested, and the City Manager
9 has recommended, that the Virginia Beach City Council establish a domestic violence
10 fatality review team (the "Review Team") for Virginia Beach; and
11 WHEREAS, the City Council agrees that establishment of such a Review Team
12 would serve an important public purpose and therefore wishes to establish such a team
13 for Virginia Beach.
14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA, THAT:
16 1. The Virginia Beach Domestic Violence Fatality Review Team (the "Review
17 Team") is hereby created.
18
19 2. The purposes of the Review Team shall be:
20 a. To engage agencies, organizations and systems which provide services to
21 victims and perpetrators to identify gaps in system responses and provide for
22 increased communication and collaboration amongst the agencies involved;
23 and
24 b. To operate under the assumption that all persons and agencies involved care
25 deeply about preventing violence within the family and operate in good faith,
26 using best judgment and information available at the time; and
27 c. To evaluate events that lead to family and intimate partner violence fatalities;
28 and
29 d. To offer recommendations that will benefit the community and improve public
30 safety.
31
32 3. The Review Team shall have the authority to review the facts and circumstances
33 of all fatal family violence incidents that occur within Virginia Beach. All
34 information and records obtained or created regarding the review of fatality shall
35 be considered confidential and shall be excluded from the Virginia Freedom of
36 Information Act, in accordance with Virginia Code § 2.2-3705.5(9).
37
38 4. The Review Team shall consist of the following:
39 a. A representative from the Virginia Beach Commonwealth's Attorney's Office,
40 designated by the Commonwealth's Attorney.
41 b. A representative from the Virginia Beach Police Department.
42 c. A representative from the State Medical Examiner's Office.
43 d. A representative from the Virginia Beach Department of Social Services.
44 e. A representative from the Samaritan House.
45 f. A representative from the Virginia Beach Community Corrections and Pretrial.
46 g. A representative from the Virginia Beach Magistrate Office.
47 h. A representative from the Virginia Beach Victim-Witness Office.
48 i. A representative from Fleet & Family Support Services.
49 j. Other representatives from organizations or other professionals as defined in
50 the Domestic Violence Fatality Review Resource Manual developed by
51 Virginia's Chief Medical Examiner.
52 k. A Virginia Beach Fatality Review Team facilitator.
53
54 5. The members of the Review Team shall elect a Chair or Co-Chairs and a Vice-
55 Chair. The Review Team may organize itself into subgroups in order to facilitate
56 its work.
57 a. The Virginia Beach Fatality Team facilitator shall be responsible to organize
58 the Review Team's initial meeting at which the Chair or Co-Chairs and Vice-
59 Chair will be selected and the Team will establish its operating procedures.
60 b. The Review Team shall refer to the Domestic Violence Fatality Review
61 Resource Manual developed by Virginia's Chief Medical Examiner as a
62 means to organize itself and conduct its activities.
63
64 6. The Review Team's activities will be governed by the provisions of Virginia Code
65 § 32.1-283.3 as it may be amended from time to time.
66
67 7. The members of the Review Team shall serve as such without compensation.
68
69 8. The Review Team shall submit an annual report to the City Council in order for
70 the Council to evaluate the continued need for the Review Team and its
71 activities.
72 Adopted by the Council of the City of Virginia Beach, Virginia on the
73 day of 2014.
APPRO ED AS TO CONTENT:
Commonwealth's Attorney's Office
APPROVED AS TO LEGAL SUFFICIENCY:
? Y
City Attorney's Office
CA13096 R-2 September 2, 2014
r aNctA B
i.?4s '?-???,•g'7
.:z?... w . ,
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Approving a Contract between the Community Services Board and
State
MEETING DATE: September 16, 2014
¦ Background: The Commonwealth of Virginia provides funding for mental health,
mental retardation and substance abuse services through the performance contract with
local Community Services Boards. The contract requires localities to specify how funds
will be utilized and the number of individuals served with State, Federal and Medicaid
funding as well as the local match (minimum of 10% required). It also contains a
number of outcome and patient information reporting requirements.
¦ Considerations: The contract provides a substantial amount of funding needed to
maintain important services. This funding has previously been appropriated by the State
in its FY 2014-15 Operating Budget ($9,583,852 and $79,025 of State retained
earnings) as well as the City in the FY 2014-15 Operating Budget of the Human
Services Department ($16,894,333), and involves fee revenue of $25,676,210 and
federal revenue of $2,174,243. As required by law, the Community Services Board
endorsed the performance contract at its July 31, 2014 meeting.
¦ Public Information: This item was discussed at the July 31St meeting of the
Community Services Board. The item will be advertised as part of the normal Council
agenda process. Additionally, the performance contract was made available for public
comment for a period of 30 days.
¦ Alternatives: Pursuant to Code of Virginia §37.2-508, if the City Council does
not approve the proposed performance contract by September 30, 2014, the contract
shall be deemed approved.
¦ Recommendations: It is recommended that City Council adopt the resolution to
approve the performance contract between the Community Services Board and the
State.
¦ Attachments: Resolution and "Proposal Summary and Exhibit A: Resources and
Services" (the financial summary of the Performance Contract for FY2015)
Recommended Action: Approval
Submitting Department/Agency: Department of Human Services
City Manager: ?, ?
1 A RESOLUTION APPROVING A CONTRACT BETWEEN
2 THE COMMUNITY SERVICES BOARD AND STATE
3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA:
5 That the City Council hereby approves Fiscal Year 2014-15 perFormance contract
6 between the City of Virginia Beach Community Services Board and the Virginia
7 Department of Behavioral Health and Developmental Services (a summary of which is
8 attached as Exhibit A), which provides State-controlled performance contract funding to the
9 Community Services Board.
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:
?J ??'?.ID l? , Y??L?L+??"?
Budget and Management Services
City Attorney's Office
CA13081
R-1
August 18, 2014
EXHIBIT A
FY 2015 Community Services Per€ormance Contract Proposal Summary
Proposed Number of
Program Service Unit Funding Consumers
Mental HeaEth
4utpatierit Services $7,164,893.00 3644
Case Management Services $3,915,380.00 2064
Residential Crisis Stabi{ization Services $2,541,9$7.00 490
Ambulatory Crisis Stab $495,121,00 242
Day Treatment/Partial Hospitalizatian $945;571.00 95
Rehabilitafion/Habilitation $2,374,295.00` 412
Individual Supported Employment $128,401.00 26
Supervised Residential Seivices (551) $1;889;172A0 47
Supportive Residential Services (581) $1,439,764.00 233
Discharge Assistance Project (DAF') 32
MH Child and Adolescent Services Initiative 85
Juvenile Detention Cenfer 270
Pharmacy 215
PATH s?a
Developrnentaf Services
Outpatient Services $369,518.00 20
Case Management Services $3,090,018.00 801
Rehabilitation $4,308,777.00 219
Supportive Residentia( Services $2,980,912.00 79
Supervised Residential Services $357,173.00 4
Intensive Residential $2,912,422.00 26
Group $upported Employment $673,859.00 55
Individual Supported Employment $969,221.00 215
Highfy [ntensive Residential $12,077,514.00 49
Substance Abuse
Outpatient $402,661.00 190
Case Management Services $2,519.00 4
Day Treatment/Partial Hospitalization $141,547.00 50
Highly Intensive Residential Services $824,233.00 160
Intensive Residential Services $82,712.00 40
Supportive Residential Services $413,197.00 30
Prevention Services $1,410,992.00 N/A
Proposed Number of
Program Service Unit Funding Consumers
Services Available Ou#side of a
Program Area
Emergency Services $1,739,480.00 2904
Assessment and Evaluation $303,475.00 531
Motivationa! Services $226,046.00 1418
Consumer Manitoring Services $226,803.00 364
Program Admin & Centralized Services $4,479,138.00 All Consumer5
Total Funding
$54,407,663.00
Note: Program Admin & Centralized Services @$4,479,138 is allocated among all
service costs.
FY 2015 And FY 2016 Community Services Performance Contract
FY 2015 Exhibit A: Resaurces and Services
Virginia Beach Commuhify 5ervices Board
Consalidafed Budget (Pages AF-3 through AF-S)
Funding Sources Mertat NeaEth
Servlces Developmental
Serv9ces Substance
Abuse
Services TOTAL
State Funds 6.531,709 836.973 2,215:770 9,583:852
Local Matching Funds 8.430.272 7.205;433 1.258,628 76,894;333
Total Fees 5.193,453 19.706.724 776.033 25:676.210
TransFer Fees En!(Out) 0 0 0 0
Federat Funds 460,024 0 1.714.279 2.174:243
Other Funds 0 0 0 0
5tate RetainQd Earnings 79.025 0 0 79,025
Federal Retained Eamings 0 "?- 0 0
Other Retained Earnings
---------.?.---- --...?_.._._..__...-._ 0
-...---_---- 0
--- --- --- 0
-- ---.--- -_. 0
_.----- ---
SUkTtOtal C3rlgOfng FUndS 20.694.483 27,749.130 5.964,050 54,407;663
State Funds One-Time 0 --- ?_? '- p 0
Fesferal Fands [7ne-Time 0 V-
... p 0
Subtotai Dne -Time Funds o ? 0
? 0 0
7C7TALALL FEJM1taS 2n,694.483 27.749.130 5.964,050 54:407.663
Costfor MHIDVTSA Services 20.894.584 27,739.414 3.277.861 51.911>859
Cost for Emergency Sen+iCes (AP -0) 1,739,480
Cost for Ancillary Sen+ices (AF-4) 756.324
Total COSt
? 54.407.66$
Loca! Match Computation C3B AdminEstratlve Expenses ?
Total State Funds 9.583,852 Tataf Admin. Expenses 4,a7s,3a
Total l.GCal Matching Funds 16.894.333 ToYal Fxpenses 54.407,663
Tatal State and Locat Funds 26,478.185 Admin[strative Percent 823%
Tota! Loea3 Match %
L.^..r.aEIT^vial .C.cai+?. i. L^vcal) - - ... _ . 63.80%
Repart Drate 91212014 AF-1
FY 2015 Corrtmanify Services perfarmance Contract Financial Summary
Exhibit A_ Resources and Services
Mentaf Health (MN) 3ervices
Virginia Beach CQmrrEUnELy Services Board
Funding Sources Funrts
FEES
MH Medicaid Fees 4,318,848
NAH Fees: Other 874,605
Total MH Fees 5,193,453
MH Trarisfer Fees IN(Out) 0
MH Met Fees 5,193,453
FEDERAL FUidQS
MH FBG SED Chfld & Adolescent (93.958) 221,924
MFf FBG SMI {93.958} 15,184
i11[H FBG SMI PACT (93.958) 0
MH FBG 3MI SWVMH Board (93.958) 0
7ofa[ MH FBG SMI FUNDS • 15,184
MH FBG Geriatrics (93.958) 0
- -----.--MH-FB6-Geflsumer Sefvices-(93-.95$}--------------- -------. _. -0. --
Ta1al MH FBG Adult Funds 15,184
MH Fedewal PATH (93.150) 21,955
MH Other Federal - DBH DS 0
MH Other Federal - CSS 200,961
TOTAL MH FEDERAL FUNDS 460,024
STAI`E FllPIQS
Regional Funds
MH Acu#e Care (Fiscal Agent) 0
NAH Acu#e Care Transfer IrJ(Out) 0
MN Net Acute Gare - Restricted 0
MH Regional aJ4P (Fisaa) Agent) 0
MH Regional UAP Transfer [n/(OuE) U
MH Net Regional bAP - Restriafed 0
MH Casis Stabitizativn (Fiscal Aqent) Q
MH Recovery (Fiscal Agent) 4
MH Other Merged Regional Fun.cis (Flscal qqent} 0
MH Tofal Regional Transfer ln!(fJut) 2,058,812
MH Net Unrestricted Regional State Funds 2,056,812
7ota1 MH Net Regional5tals runcis 2,056,612
Report Date 9/212014 QF-3
FY 2015 Commun€ty Services Performance Contract Finarecial Summary
Exhibit A: Resaurces artd Services
Menfal Hea[th (MW) 5ervices
Virginia Beach Commurtify Services Board
Fanding Sources
GhiEtiren Stabe Funds
MH Child & Adolescent Servims initiafive
MH Ghildren's Outpatient Services
Total MH Restricbed Children's Funds
MH State Children's Services
MH Juvenile Detention
MH tletno ProjtiSystem of Care (Ghild)
Total MH EJnrestricted ChildrerYs Funds
MH Crisis Response & Child Psychiatry (Fiseal Agent)
MH Csisis Resportse & Child Psychiatry Transfer In!(Out)
Total N!H Met Restriabed Crisis Response & Cbifd Psychiatry
7afaE MH State Ctiildren's Funds
Funds
338,6fi1
75,000
413.661
25,UOQ
111,724
4
136,724
a
88,690
88,690
639,075
MH Law Fteform 397,790
NJH Pharmacy - Medication Supports 29,948
MH Jail Qiuersion Services 354,300
MW Adult Outpatien# Competency Restoration Srvs 0
MH CIT Assessrrtent Sites Q
MH Expanderl Cornmunity Capacity (Fiscaf Agerzt) Q
MH Expanded Communit}r Capacity 7ransfei En/(Qut) 296,386
Total MH Net Expanded Cnmmuniiy Capaciiy 296,386
MH 2014 i]AF' (Fisca[ Agent) 0
MH 2014 DAP Transfer tnl(Out) 0
Total MH Net 209417AP 0
Total MH RestRCted Other State Funds 1,078,4?25
MH State Funds 2,757,597
MH State Regional Deaf Services 0
MH State NGRI Funds b
MH PAC3' 0
MH Geriatrics Services 0
Total MH Unrestricted Other Stabe Funds 2,757,597
Total MH Other State Funds 3,836,022
TOTAL MH STATE FUNDS 6,531,709
Report Da#e 9/2/2014 aF-4
FY 2015 Community Services Perfomtance Gontract rinanCial Suminary
Exhibit A: Resources and Services
MerYtal Health (MFE) 5enrices
Virgin"sa Beach Community Services Board
Funding Souress Funds
G17'HEFt FUNDS
MH Other Funds a
MH FeBeral Retained Eamings 0
MH Stata Retained Earnings a
MH Sfate Retained Earnfngs - Regiona! Prog 79,025
MH Qther Retained Eamings 0 11
Totai MH Other Funds 79,025
I,OCAL MATCHlIJG FUNDS
MFE Lacal GovernmeritAppropriations 8,430,272
MH Philanthropic Cash GoMribufiorts 0
MH In-Kind Contributions 0
MH Locai lnterest Revenue 0
Tdfal MH Local Matching Furttls 8,430,272
--------------- ---•--•-----'Fotal-#H-Ftonds------------ --,..__.-.__?.._._.-?U;?69A;483. _-- -° -- --:.. _.-.-.,- -------=------
ONE TtME FUNQS
MH FBG SMI (93.958) ?
MH FBG SEd ChFld & Adolescenf (83.958) 0
tNti FBG Consumer Services (93.958) 0
MH Sfate Funds 0
Total MFi One Tirne Funds 0
Total MH A[I Funds 20,694,483
Repart Date 9/2/2014 AF-5
FY 2015 Cammunity Services Performance Cantract Financial Summary
Exhibit A: Resources and Senicas
Developmenta! Services (DV)
1firginia Beach Community5ervices Board
Funding Saurces
FEES
D1/ (Yther Medicaid Fees
DV Medicaid 1CFJI0 Fees
DV Fees: EJther
Funds
7,561,938
10,509,081
1,535,705
Total DV Fees
DV Traftsfer Fees In/4outj
C1Y NET FEf5
FEDERAL FUNI}S
DV Other Pederal - DBHDS
DV Other Federal - CSB
TOTAL DV FEDERA! FUNDS
. . -----------.:.---------? 5TATE FUNDS_-...__. ?. _
DV State Funds
D11 OSRA
Total DV llnrestricted 5tate Funds
DV Crisis Stabitization iFiscal Agent)
6y Etenta! SubsidEes
DV Crisis Stabilizatinn - Chitdren
TOTAL DV Restricted State Funds
TOTAL DV STATE FlJNDS
UTHER FUNDS
DV Workshnp Sales
DV Other Funds
DV State Retainec4 Earnings
DV State Retained Earnings-Etegianat Prog
DV Other Retained Earnings
TOTAL DV Oi'HER FUNDS
? LOCAL MATCfiING FU'l1iD5
DV Local Covernment Apprvpriations
DV Philanthropic Cash Contrihutions
[3V In-Kind Contributions
DV Lvcal Interest Revenue
70TAL DV LQCAL MQTCHIlVG FUNDS
TQta! DV AIE FundS
Report Date 9/2f Z014
19,706,724
0
19,706,724
0
0
a
809,053
27,915
836,973
0
0
0
d
836,973
a
D
a
a
0
0
7,205,433
Q
0
0
7,205,433
27,749,130
AF-6
FY 2015 Comrrtunity Services Performance Cvntract Financia! 5urr€mary
Exhfbit A: Resources and Sernces
SubStance Abuse (5A). Services
VirgEnia Beach Community Services 6oard
Funding Sources
Funds
FEES
SA Medicaid Fees
5A Fees: Other
Total SA Fees
SA TranSfer Fees In/(put)
5AlVET FEES
545,345
130.688
776,033
0
776,b33
FEDEItAL FUNDS
SA FBG Altohal jDrug Trmt (93.959)
SA FBG SAaPOS (93.859)
5A FBG laii Sen?ices (93.959)
SA FBG Co-Dccurring {93.959}
SA FBG lVew Directions 93.959
??
SA FBG Fteoovery (93.959)
Tota! SA FBG A/D Trmt Funds
985,9fi8
65,23J.
265;147
34,574
-------.-.?. a-- -- •- ._..----_ ,? ?:_?_. _-_._-?
a_
1,250,920
SA FBG Women (includes UMK at G CSBs) (93.959) 167,279
5A FBG Preventian-Women (LINK) (93.1359) 20_000
Tota15A FBG Wortten Funds 187,279
SA FBG Prevention (93:959) 276,020
SA FBG Prev-Family 1Neltness (93.959) _ _0
7fltat SA FBG Prevention Funds 276,1720
SA (Yther Federal- DBfiDS 0
SA Other Federal - CSB Q
TOTAI. SA FEDERAL FUNDS 1,714,219
STAYE FUMDS
Ftegianal Funds
SA Facllity Reinvestment (Fiscai Agent) O
SA Facility Reiavestment Transfer ln/(Out) 476,036
SA Net Facility Reinuestment 476,036
Report Date 912/2014 AF-7
FY 2015 Cammunity Services Perfarmance Contract Financia! Summary
ExhibitA: Resource5 and Services
Substance Abuse (SA) Senrices
Virginis Beach Cammunity Services BQara)
Funding Snurces
Funds
C]ther State Funds
SA Women (includes L1NK at 4 CSBs) (Restricted)
Unresfricted Other State Funds
SA State Funds
SA Region V Residential
SA.7ail 5ervicesJJuv detention
SA IVIAT - Medica[!y Assisted Treatment
SA SARPQS
SA Ftecovery
SA F[!V/Ali?5
Total SA Unrestricted Other 5tate Funds
TOTAL SA STATE FUNDS
OTHER FUNDS
5A Qther Funds
5A Federal Retained Earnings
5A State Retained F.arnings
SA 5tate Retained Earnings-Regianal Prog
5A Other Retained Eamings
TO'FALSp OTHER FUNDS
LQCAL MATGHING FUNUS
SA LocaC Government Appropriatians
SA Philairthropic Gash Carrtributions
5A fn-Kirtd itantributians
SA Local Irrterest ldevenue
TOTALSA LOCAL MATCHING FUNDS
TOTAL SA Furtds
ONE-TEME Fi.lNDS
SA FBG AlcaholJDrug 7rmt (93.959)
SA FBG Women (includes L[NK-6 CSBs) {93.959)
SA FBG Preventicn (93.959)
SA State Funds
TOTAL SA ONE-TIME FUNpS
TOTAL ALL SA Funds
1,800
1,400,234
131.,215
27,216
0
76,057
0
102;572
1,737,334
------1,.739,-134. ------ ------
2,215,170
0
0
4
0
0
Q
1,258,628
0
0
0
1,258,628
5,9&4,050
0
a
0
0
0
5,964,050
ReporCDate 9/212014 AF-S
FY 2015 CommunityServices Perfnrmance Cantract
Local Government Tax Apprapriations
Vfrginia Seach Communitp Senrices Board
GifyJCou nty
Virginia Beach City
Total lota! Govemment Tax Funds:
Tax Appropriation
16,894,333
16,894,333
Report Aate 91212024 AF-9
FY 2015 And FY 2015 Community Services Performance Contract
F"Y' 2015 Exhibit A: Resonrces and 5ervices
Suppiem ental Information
Reconciliahau af Projected Revenues and Uiilia?,tttion Data Core Services Cosfs by Program Area
Virginia Beach Comimunii.y Services Board
1VX$ DV SA Lmergeney Auciltary
Serv'rces Services Services Services Services Tofar
Tofai All Funds (Page AF'-1) 20,654,483 27,744,134 5;964,050 54;407,563
Cost for MH, DV, SA, Emergency, 20,894,584 27,739,414 3,277,861 1,739,480 756,324 5-4;407,663
aQd Ancillary Services (Page AF 1) _
I}ifference -ZOO,IOI 9,716 2,686,189 =1,739,480 -156,324 0 Other: 0
Explanation of Other in Table Abave;
ReportDate 912/2014 AF-70
FY 2015 And FY 2096 Commurtity Services PerPormance Contract
FY 2075 Exhibit A: Resources and Services
CSB 900 Mental Health Services
Virginia Beach Communify Services Board
Report for Fflnn 11
Core Services Code Projected
Service Capacity I'rojected
Costs
390 Oufpatierrt Services 3425 FrES $7;164,893
320 Case iVlanagerrient Serviaes 54:16 FTEs $3,915,380
410 Day Treatment or Partial Hospitalization 42 Slots $945,571
424 Ambulakory Crisis Stabifzation Services 6 Slofs $495,121
425 11rFental Hea[th Rehabi[itatidR 175 Slats
$2;314,295
460 lrrdividual 5upported Empfoyment 1.5 FTES $128,401
510 Residerrtial Crisis Siabiliza#ion 5ervices
_...._._._...____.?._.___._.._._...----------.._.__.??......----•-•----.:_.: 13 Beds
_:.. _....--- $2,541,987
-?.-.?__.
551 Supervised Residential Services 32 Beds $1,889,172
587 Supportive Residenfial Services 11 FTEs $1,439,764
Total Costs 520,894,584
Reparl lTate 912I2014 AP-i
FY 2095 And FY 2016 Cammunify Services Performance Contract
FY 2015 Exhiait A: Resotirces and Services
CSB 200 Developmental Services
Virginia E3each Cotnmunify Services Board
Report for Form 21
Corc Services Code
? T Projected
Service (,?apacify Projected
Cosfs
?310 Outpatient Serviees 4_7$ FTEs
$368,5'!8
1320 Case Jtilanagement Senrices 35.15 FTEs
$3,d9oA't8
425 Devefopmental Habilitation
?
i 197 5lats $4,308,777
465 Group Suppnrled Employment 2451bts $673,859
460 Individual Suppoiied Employmenf 12.8 FTEs $969,221 .
509 Developmenial Migh[y lotensive Residential ServicES (Community-Based 1CF/1D Services}
. 47 Beds $12,077,514
?_.
521 Intensive ResidenSaE Services
-- --- ----...?------------ ----------_..__ . ? _. ._.._ _-•- ---..__ _ ---- - -_ -__ --- 25 Beds
- --- ---- $2,912,422.
- -
551 Supervised Residentiaf Services 4 BEas $357,173
589 Supportive Resideirtia! Senrices 32 FI-Es $2,980,912
Ttital CU5LS $27,739,414
RegartDate 9i2l2014 AP-2
FY 201S And FY 2Q'ffi Cornrrtunify Services I'erformanca Confract
FY 2015 Exhibit A: Resources and Services
CSB 300 Substance Abuse Services
V'rrginia Beach Community Services Board
Report for Form 31
? Core Services Code Projec#ed
serv?ce c?pacity Projected
cosrs
_
ir330 0utpatient Services
I
? 2 FTEs $402,661
320 Case Management Services 0 d25 FTEs $2,519
410 Day Treatmenf ot Partial Hospitafzafion 3 s3ots $141,547
507 Substance Abuse Highty fntsnsnre Ftesidential Services (Medically Managed VIlithdrawal
Senrices) 4 Beds $$24,233
521 Irrtensive Residential5ervices 4 Seds $82,772
587 Supparfive Residentiaf Senrices 2:5 FTES $413,197
610 Preveniion Services
?--__ -----. ----_.-----...--------- --- -- -----._ ._.._ -. ...?.------ .-. .__ 9.03 F'fEs $1,410,992
TOlsl CPStS $3,271,8$1
Report Dafe 9f2/2014 AP-3
FY20`[§ And FY 2016 Community Services Performance Contract
FY 2076 Exhibit A: Resources and Services
CSB 400 Emergency and Ancillary Senrices
Virginia Beach Communif.y Services Board
Report far Form Ol
Core Services Code Projected
Service Capacity projectecI
Gosts
160 Emergency Services 15.75 FTEs $1,739,480
398 Motivational Treatment Services
I 2:5 FTES $726,046
380 Consumer Moni3vring Senrices 3:13 FTEs $226,803
720 Assessment and EValuation Services 1.5 FTEs $303,475
T4tS1 GOSts $2;495,$04
Repart I3ate 9!2/2014 AP-4
r"r, ??`.BE1Cl
F ???'''°"Nn`.°? %'!,t
i
t ?,?a.'f?'. ^ • ?
<?`?µM?speck+'?'4.4y
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution to Approve Establishment of Robbie's Ambulance Service, Inc. in
Virginia Beach and to Approve an Annual EMS Permit for Providing Private
Ambulance Services
MEETING DATE: September 16, 2014
¦ Background: Code of Virginia Section 15.2-955 requires City Council to
approve, by resolution, the establishment of any emergency medical service
organization wishing to operate in the City of Virginia Beach. Further, Code of Virginia
Section 32.1-111.14 and City Code Section 10.5-2 require such organizations to obtain
an annual permit authorizing its operation. The annual permit may only be granted by
City Council.
¦ Considerations: Robbie's Ambulance Service, Inc.'s application for the
operation of a private EMS agency was processed by the Department of Emergency
Medical Services. The Department of Emergency Medical Services is recommending
approval of both the establishment and operation of Robbie's Ambulance Service, Inc.
in Virginia Beach as necessary to assure the provision of adequate and continuing
emergency services and to preserve, protect and promote the public health, safety and
general welfare.
If granted, this permit shall be effective immediately and until June 30, 2015. The
City Code provides that permits shall be valid until June 30'h, regardless of when they
are issued. If the applicant remains in compliance and seeks renewal, the applicant's
renewal request will be included with all of the other permit renewals, which are brought
to City Council for its consideration each June.
¦ Public Information: Public information will be handled through the normal
agenda process.
¦ Recommendations: Approve Resolution.
¦ Attachments: Resolution.
Recommended Action: Approval
Submitting Department/Agency: Department of Emergency Medical Services
City Manager:
%
1 A RESOLUTION TO APPROVE ESTABLISHMENT OF
2 ROBBIE'S AMBULANCE SERVICE, INC. IN VIRGINIA
3 BEACH AND TO APPROVE AN ANNUAL EMS PERMIT FOR
4 PROVIDING PRIVATE AMBULANCE SERVICES
5
6 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must
7 approve the establishment of an emergency medical service organization in the City of
8 Virginia Beach; and
9
10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code §
11 10.5-2 , any individual or organization that desires to operate an emergency medical
12 services agency or emergency medical services vehicles in Virginia Beach for emergency
13 transport or non-emergency transport purposes must apply for a permit; and
14
15 WHEREAS, a request for establishment and an application for a permit has been
16 received from Robbie's Ambulance Service, Inc.; and
17
18 WHEREAS, this request and application has been recommended for approval by
19 the Virginia Beach Department of Emergency Medical Services; and
20
21 WHEREAS, City Council finds the approval of this request and application is in the
22 best interests of the citizens of Virginia Beach as it will assure continued and adequate
23 emergency services and will preserve, protect and promote the public health, safety and
24 general welfare of the citizens.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
29 That the request of Robbie's Ambulance Service, Inc. for the establishment of its
30 emergency medical service in the City of Virginia Beach, and its application for an annual
31 EMS permit for providing private EMS ambulance services in the City of Virginia Beach is
32 hereby approved and granted, effective immediately and until June 30, 2015.
33
34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
35 , 2014.
APPROVED AS TO CONTENT:
r
?-?
rgency Medical Services
APPROVED AS TO LEGAL
SUFFICIENCY:
AAA??_
LAIM
City Attorney's ffice
CA13095
R-1
September 2, 2014
Nu ?y
CITY OF VIRGINIA BEACH
AGENDA ITEM .
ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of the
City Right-of-Way known as Aqua Lane for Michael and Lynda Tubridy
MEETING DATE: September 16, 2014
¦ Background: Michael and Lynda Tubridy (the "Applicants") have requested
permission to maintain an existing flagstone walk, and to construct and maintain a four
(4) foot vinyl fence and landscaping (the "Encroachments") adjacent to their property
located at 205 Aqua Lane. The Encroachments would extend eighteen (18) feet into
the City's right-of-way known as Aqua Lane, for a distance of forty-eight (48) feet.
There are other encroachments in the Croatan neighborhood of a similar nature. Public
Works has identified one such encroachment that was approved by City Council, but
others are unauthorized encroachments.
¦ Considerations: City Staff reviewed the requested Encroachments and
recommends denial because the encroaching fence obstructs the public from City
property and has the practical effect of re-appropriating public property for private use.
Although Staff recommends denial, the Applicants have requested this item be
forwarded to City Council for a vote.
¦ Public Information: Advertisement of City Council Agenda.
¦ Alternatives: Approve the Encroachment as presented, disapprove the
Encroachment, or add conditions as desired by Council.
¦ Recommendations: Disapprove Encroachment request.
¦ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map
Recommended Action: Disapproval
Submitting Department/Agency: Public Works / Real Estate P L
City Manager: ,?, 1??
1 AN ORDINANCE TO AUTHORIZE
2 TEMPORARY ENCROACHMENTS INTO A
3 PORTION OF THE CITY RIGHT-OF-WAY
4 KNOWN AS AQUA LANE FOR MICHAEL
5 AND LYNDA TUBRIDY
6
7 WHEREAS, Michael and Lynda Tubridy (the "Applicants") desire to maintain an
8 existing flagstone walk, and construct and maintain a four (4) foot vinyl fence and
9 landscaping (the "Encroachments") to extend eighteen (18) feet into a portion of the
10 City's right-of-way known as Aqua Lane, located adjacent to 205 Aqua Lane, in the City
11 of Virginia Beach, Virginia.
12
13 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107,
14 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
15 City's property subject to such terms and conditions as Council may prescribe.
16
17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19
20 That pursuant to the authority and to the extent thereof contained in §§15.2-2009
21 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, Michael and Lynda
22 Tubridy, their heirs, assigns and successors in title are authorized to construct and/or
23 maintain the Encroachments extending eighteen (18) feet into a portion of the City's
24 right-of-way known as Aqua Lane, and as shown on the map entitled: "EXHIBIT A
25 SHOWS ENCROACHMENT ONTO CITY PROPERTY FOR FENCE AND
26 LANDSCAPING FOR MICHAEL & LINDA TUBRIDY", a copy of which is attached
27 hereto as Exhibit A, and on file in the Department of Public Works, to which reference
28 is made for a more particular description;
29
30 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject to
31 those terms, conditions and criteria contained in the agreement between the City of
32 Virginia Beach and Michael and Lynda Tubridy (the "Agreement"), an unexecuted copy
33 of which has been presented to the Council in its agenda, will be recorded among the
34 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach;
35
36 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
37 is hereby authorized to execute the Agreement; and
38
39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
40 time as the Applicants and the City Manager or his authorized designee execute the
41 Agreement.
42
43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day
44 of .2014.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFIC,IENCY AND FORM:
?v?
P LIC WORKS / REAL ESTATE CI
CA12972
\\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D002\P018\00152415.doc
R-1
September 4, 2014
OF PAVEMENT
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I EXHIBIT A &SNI'G
SHOWS ENCROACHMENT ONTO CITY PROPERTY FOR FENCE AND LANDSCAPING FOR MIKE & LINDA TUBRIDY _,
PREPARED BY VIRGINIA BEACH
CITY ATfORNEY'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, VIR_GINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and MICHAEL TUBRIDY and LYNDA
TUBRIDY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 10A" as shown that certain plat entitled:
"RESUBDIVISION OF PROPERTY LOTS 9, 10 & ADJOINING WESTERN 7.5' OF
CLOSED ALLEY BLOCK 17 CROATAN BEACH (M.B.24, P.37) VIRGINIA BEACH,
VIRGINIA, SCALE 1"=30', NOVEMBER 5, 2002, prepared by GALLUP SURVEYORS
AND ENGINEERS, LTD. ," and said plat is recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia as Instrument Number 200212263085291,
and being further designated, known, and described as 205 Aqua Lane, Virginia Beach,
Virginia 23451;
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 Aqua Lane (50' R/W) the "Encroachment Area"; and
GPIN: CITY RIGHT OF WAY - 2426-38-6467-0000; (205 Aqua Lane)
WHEREAS, it is proposed by the Grantee to maintain an existing
flagstone walk, and construct and maintain a four (4) foot vinyl fence and landscaping,
collectively, the "Temporary Encroachment", in the City of Virginia Beach; and
WHEREAS, the Grantee has requested that the City permit the
Temporary Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particufarly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
SHOWING ENCROACHMENT ONTO CITY PROPERTY
FOR FENCE AND LANDSCAPING FOR MICHAEL AND
LYNDA TURBIDY," a copy of which is attached hereto as
Exhibit "A" and to which reference is made for a more
particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
1)
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.
!t is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
Z
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirernents, as established by
the City.
It is further expressly understood and agreed that the Grantee must
submit for review and approval, a survey of the Encroachment Area, certified by a
registered professional engineer or a licensed land surveyor, andlor "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.
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.
a
iN WITNESS WHEREOF, Michael Tubridy and Lynda Tubridy, the said
Grantee, have caused this Agreement to be executed by their signatures. Further, that
the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
S
CITY OF VIRGINIA BEACH
gy (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2014, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Numbe; :
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
7he foregoing instrument was acknowledged before me this day of
, 2014, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Numbec-:
My Commission Expires:
A
gy ?---t'
?Ow ?
*ca ubr idy, n By
Lynda/Tubridy, Owner
STATE OF
CITY/COUNTY OF
4.cqGC,: 3c4-- , to-wit:
The foregoing instrument was acknowledged before me this day of
Zj- _, 2014, by Michael Tubridy, Owner.
? ..? (SEAL)
ry ublic
.-.?...??......, ...,
\lotarv Registration Number: JoYCE A Bu1TrRFiELn
` Notary Public
CommooweaIM of Virginia
My Commission Expires: 6.2-0-ig- e064111
My comnas:ion expires Feb 2e, 2015
STATE OF / _
CITY/COUNTY OF h? Gt Z_--?-, to-wit:
?-
The foregoing instrument was acknowledged before me this ? day of
! , 2014, by Lynda Tubridy.
6"
Cublic 4- ?1p? (SEAL)
4?
N a
otary Registration Number:
N
My Commission Expires: bV- o? - ;Wk5-
7
JOYCE A. BU1TEflFIELD
Notary Public
Commonweatth of Virpinia
4064111
Commission Expirea Feb 28, 2015
APPROVED AS TO CONTENTS
?-?..
rS,t6NATU RE
DATE
PUBLIC WORKS / REAL ESTATE
DEPARTMENT / DIVISION
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
?--°------
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D A . A YER,
QiSSOCIATE CiTY ATTORNEY
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EDGE OF PAVEMENT
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1 EXHIBIT A ? - SHOWS ENCROACHMENT ONTO CITY PROPERTY
FOR FENCE AND LANDSCAPING
FOR MIKE & LINDA TUBRIDY
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Example of one of many illegal encroachments in Croatan neighborhood
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Front view of an approved encroachment - Fence, Landscaping and
Fountain -corner of Croatan Dr. & Virginia Dare Avenue
o s0OMEN o s e a J
Side view of same approved encroachment- corner of Croatan Dr.
& Virginia Dare Ave.
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Location Map
?
m ? LOCATION MAP
'`• .??"' J ? ENCROACHMENT REQUEST
Legend ? FOR MICHAEL AND LYNDA TUBRIDY
205 AQUA LANE
--- Propoced Location ot Fence GPIN 2426-38-6467
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205 AQUA LANE
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Transfer Funds to the FY 2013-14 Operating Budget of the
Sheriff's Office
MEETING DATE: September 16, 2014
¦ Background: In the FY 2013-14 Operating Budget of the Sheriff's Office, the
combination of expenditures and encumbrances exceeded appropriations by $55,306. A
major contributing factor was the $390,311 for unused vacation and sick leave balances
as a result of retirements, resignations, dismissals, or administrative separations
involving 57 personnel. To fund the excess amount the Sheriff's Office Budget requires
additional appropriations.
¦ Considerations: The additional appropriations needed to fund the excess
expenditures and encumbrances are available from General Fund Reserve for
Sequestration. The attached ordinance will transfer $56,000 to the Sheriff's FY 2013-14
Operating Budget. Also, the ordinance makes the request immediate to allow the
Department of Finance to accrue the amounts to FY 2013-14.
In addition, FY 2013-14 actual revenues in the Sheriff's Department Special Revenue
Fund were $560,605 less than estimated. While there was sufficient fund balance to
absorb most of this shortFall for FY 2013-14, the remaining amount is not adequate to
fully cover the planned use for FY 2014-15. Should revenues again experience a similar
shortfall, this will present major funding problems for the FY 2014-15 Sheriff's Office
Budget.
¦ Recommendations: Approve the attached ordinance.
¦ Attachments: Ordinance
Recommended Action: Approval
evices4ance
Submitting Department/Agency: Budget and Management Se City Manager. ? 6 n z t
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
AN ORDINANCE TO TRANSFER FUNDS TO THE FY
2013-14 OPERATING BUDGET OF THE SHERIFF'S
OFFICE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That $56,000 is hereby transferred from FY 2013-14 General Fund
Reserve for Sequestration to the FY 2013-14 Operating Budget of the Sheriff's Office to
fund excess expenditures and encumbrances.
2. This ordinance is effective immediately to allow accrual of the above
transfer to fiscal year 2014.
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:
,
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Budget and Management Services City Attorney's Office
CA 13098
R-1
September 2, 2014
NIn B??f'
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NOTICE OF PUBLIC HEARING
The regular meeting of the City Council of the City of Virginia Beach will be held
in the Council Chamber of the City Hail Building, Municipal Center, Virginia
Beach, Virginia, on Tuesday, September 16, 2014 at 6:00 P.M., at which time
the following applications will be heard:
DISTRICT 5 - LYNNHAVEN
Todd Sweigart and Michel Mattioli Application: EniaraPment of a Non
Conformine Use at 5000 AtlaNic Avenue (GPIN 2418883978).
DISTRICT 4 - BAYSIDE
Carolyn Latiolais/Northampton Business Center Associates Application:
Conditional Use Permit (Truck and Trailer Rentals) at 1209 Baker Road, Suite
504 (GPIN 1458999842).
DIS7RICT 2 - KEMPSVILLE
30 West Pershing, LLC (Applicant) / 58'" SiREET WAREHOUSE, LLC (Owner),
Conditional Use Permit (Outdoor Recreation Facility). Site is located between
Greenwich Road and south side of I-264, approximately 1,350 feet east of
Business Park Drive (GPIN 1464445974).
Virginia Seagull Travel Bus, Inc./New[own Baker Shopping Center, LLC (Owner),
Conditional Use Permit (Passenger Transportation Terminal [Bus)) at 649
Nevrtown Road, Suite 101 (GPIN 1468313784).
DISTRICT 7 - PRINCESS ANNE
Verizon Wireless/City Of Virginia Beach Application: Conditional Use Permit
(Wireless Communication Tower). 2185 Recreaiion Drive - behind the Virginia
Beach Amphitheater (GPIN 1484493328).
DISTRICT 6 - BEACH
Coastal Building Group, LLC/Sarah E. Ward Application: Snariai Fxceotion for
Alternative Comoliance to the Oceanfront Resort District Form-Based Code, 520
21" Street (GPIN 2417987080; 2417988034).
Paul Bradley DBA Bradley Marine, LLC/CILOU, LLC (Owner) Applicafion:
Conditional UGe Permit (boat and vessel repair and bulk storage yard) at 5886
Central Drive (GPIN 1496764804).
DISTRICT 3 - ROSE HALL
Five Dog Night, LLC Application: Floodolain Variance and Modification of
Conditional Use Permit (Kennel - Granted 2/22/2005) to allow the construction
of two new buildings on the property. 1515 Drakesmile Road (GPIN
1495466961).
All interested citizens are invited to attend.
Ruth Hodges Fraser, MMC
City Clerk
Copies of the proposed ordinances, resolutions and amendments are on file
and may be examined in the Department of Planning or online at
For information call 385-4621.
If you are physically disabled or visually impaired and need assistance at this
mpelina, please call tne CITY CLERK'S Or'FICE at 385-4303.
BEACON: AUG 31 & SEPT 7, 2014 24316537
J. PLANNING
1. Application of FIVE DOG NIGHT, LLC, for a Floodplain Variance and Modification of
Conditions of a Conditional Use Permit (approved February 22, 2005 ) re a Veterinary office and
care center at 1515 Drakesmile Road (Deferred from July 9, 2014)
DISTRICT 3 - ROSE HALL
RECOMMENDATION:
APPROVAL
2. Application of TODD SWEIGART & MICHELE MATTIOLI for an Enlargement of a14on-
Conforming Use at 5000 Atlantic Avenue
DISTRICT 5 - LYNNHAVEN
RECOMMENDATION:
APPROVAL
3. Application of COASTAL BUILDING GROUP, LLC for aSpecial Exception for Alternative
Compliance re Form-Based Code in the Oceanfront Resort District at 520 21 s` Street
DISTRICT 6 - BEACH
RECOMMENDATION:
APPROVAL
4. Application of CAROLYN LATIOLAIS for a Conditional Use Permit re truck and trailer
rentals at 1209 Baker Road
DISTRICT 4 - BAYSIDE
RECOMMENDATION:
APPROVAL
5. Application of 30 WEST PERSHING, LLC/58th STREET WAREHOUSE, LLC for a
Conditional Use Permit re an outdoor recreation facility at Greenwich Road and I-264
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION:
APPROVAL
6. Application of VERIZON WIRELESS for a Conditional Use Permit re a communication tower
at 2185 Recreation Drive
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION:
APPROVAL
7. Application of VIRGINIA SEAGULL TRAVEL BUS, INC for a Conditional Use Permit re a
transportation terminal at 649 Newtown Road
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION:
APPROVAL
8. Application of PAUL BRADLEY dba BRADLEY MARINE, LLC for a Conditional Use Permit
re boat repair and bulk storage at 588B Central Drive
DISTRICT 6 - BEACH
RECOMMENDATION:
APPROVAL
9. Application of PRINCESSBORO DEVELOPMENT for a Conditional Change of Zoning from
AG-2 Agricultural to Conditional B-2 Community Business at 1901 Sandbridge Road re a retail
landscape and garden center (Deferred August 19, 2014)
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION:
APPROVAL
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CITY OF VIRGINIA BEACH
AGENDA ITEM ,
ITEM: FIVE DOG NIGHT, LLC (Applicant/Owner), Floodplain Variance and
Modification of Conditional Use Permit (Kennel - Granted 2/22/2005). 1515
Drakesmile Road (GPIN 1495466961). COUNCIL DISTRICT - ROSE HALL.
MEETING DATE: September 16, 2014
¦ Background:
A Conditional Use Permit permitting an upscale, suite only, indoor animal kennel
was approved by the City Council on February 22, 2005. The Conditional Use
Permit has three conditions, which are listed on page seven of the attached staff
report. The site contains recreational, training and physical therapy opportunities
for dogs such as walking trails, an obstacle course and an outdoor swimming
pool. The existing 3,700 square foot building contains a grooming parlor, a
physical therapy salon, indoor daycare, a cat `condo' and 10 luxury suites. A
1,200 square foot residence was also planned for the onsite caretaker, above the
main building. On the 2005 conceptual layout of the site, additional parking and
two buildings were proposed in future phases.
The applicant is now ready to move forward with the second phase expansion;
however, since the current proposal is different from the original second phase
plan, a modification to the existing Conditional Use Permit is necessary. In
addition, much of the property is located in the Floodplain Subject to Special
Restrictions. Other than a few specific exceptions, the Floodplain Ordinance
prohibits fill (including land disturbance) within this floodplain unless authorized
by a variance to the Floodplain Ordinance. Regardless of the size and location of
any expansion to the existing business on this site, disturbance in the floodplain
is unavoidable; hence, a Floodplain Variance is required.
¦ Considerations:
The proposal is specifically to add finro buildings: a 5,200 square foot building for
general veterinary care/office visits and a second 6,600 square foot building for
an indoor pool for dog recreation and physical therapy. Thirty-one new parking
spaces are also planned with this phase of the operation. The existing
ingress/egress points along both rights-of-way, Drakesmile and Shipps Corner
Roads, will continue to provide vehicular access to the site.
Further details pertaining to the site and building design, the floodplain variance,
as well as Staff's evaluation of the request, is provided in the attached staff
report.
There was opposition to the request.
FIVE DOG NIGHT
Page 2 of 2
¦ 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 the Use Permit and
the Floodplain Variance to the City Council with the following conditions:
1. All conditions attached to the Conditional Use Permit granted by the City
Council on February 22, 2005, are deleted and are replaced with the
conditions listed below.
2. With the exception of any modifications required by any of these
conditions or as a result of development site plan review, the site shall be
developed substantially in conformance with the conceptual layout plans
entitled, "Floodplain Exhibit of Five Dog Night, LLC, Animal Kennel,
Virginia Beach, VA," and "Conditional Use Modification Exhibit of Five Dog
Night, LLC, Animal Kennel, Virginia Beach, VA," dated July 23, 2014,
prepared by Site Improvement Associates, Inc. Said plans have been
exhibited to the Virginia Beach City Council and are on file in the Planning
Department.
3. The Proposed Buildings depicted on the plan referenced in Condition 2
above , when constructed, shall be in substantial conformance with the
exhibits entitled, "Five Dog Night, LLC, Proposed Building Renderings."
The Existing Building referenced on the exhibit referenced in Condition 2
above as such, shall be constructed as represented on the elevations
entitled, "Proposed Elevations of Johnson Kennels," prepared by Martin &
Martin Architecture, Inc., dated December 2004.
4. Consistent with the 2005 City Council approval, the Shipps Corner Road
ingress/egress is limited to a right-in and a right-out only.
5. Unless otherwise required by the Planning Department/Development
Services Center, the on-site floodplain mitigation shall be as depicted on
the Plan and the detail referenced in Condition #2 above.
¦ 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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August 13, 2014 Public Hearing
APPLICANT & PROPERTY
OWNER:
FIVE DOG NIGHT,
LLC
STAFF PLANNER: Kevin Kemp
REQUEST:
(a) Floodplain Variance to Section 4.10 of the Floodplain Ordinance, fill within the Floodplain Subject to
Special Restrictions.
(b) Modification of a Conditional Use Permit for an animal kennel facility, approved by the Virginia Beach
City Council on February 22, 2005.
ADDRESS / DESCRIPTION: 1515 Drakesmile Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
146954569610000 ROSE HALL 7.46 acres APZ 1
Greater than 75 dB
DNL
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BACKGROUND / DETAILS OF PROPOSAL
Backqround
The Conditional Use Permit permitting an upscale, suite only, indoor animal kennel was approved by the
City Council on February 22, 2005. The Conditional Use Permit has three conditions. The full list of the
conditions is provided at the end of this report. The site contains recreational, training and physical
therapy opportunities for dogs such as walking trails, an obstacle course and an outdoor swimming pool.
The existing 3,700 square foot building contains a grooming parlor, a physical therapy salon, indoor
daycare, a cat condo and 10 luxury suites. A 1,200 square foot residence was also planned for the onsite
caretaker, above the main building. On the 2005 conceptual layout of the site, additional parking and two
buildings were proposed in future phases. As the applicant is now ready to move forward with the
expansion, a modification to the existing Conditional Use Permit for additions to the facility is necessary.
In addition, much of the property is located in the Floodplain Subject to Special Restrictions. Other than a
FIVE DOG NIGHT, LLC
Agenda Item D1
Page 1
few specific exceptions, the Floodplain Ordinance prohibits fill (including land disturbance) within this
floodplain unless authorized by a variance to the Floodplain Ordinance. Regardless of the size and
location of any expansion to the existing business on this site, disturbance in the floodplain is
unavoidable; hence, a Floodplain Variance is required.
Details
The proposal is specifically to add two buildings: a 5,200 square foot building for general veterinary
care/office visits and a second 6,600 square foot building for an indoor pool for dog recreation and
physical therapy. Thirty-one new parking spaces are also planned with this phase of the operation. The
existing ingress/egress points along both rights-of-way, Drakesmile and Shipps Corner Roads, will
continue to provide vehicular access to the site. Consistent with design of the existing buildings on the
property, the elevations of the two proposed structures reflect the vernacular beach style, reminiscent of
the lifesaving station at the oceanfront, with an exterior of light grey horizontal, cement fiberboard siding
(Hardiplank); white trimmed clad windows; and, a green asphalt shingle roof. Architectural accents
include copper standing seam metal roof on pop-outs and entrances and interesting trim above the
covered porch main entrance. Details related to stormwater management will be addressed during final
site plan review to the Development Services Center.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Animal kennel and spa, veterinarian services.
SURROUNDING LAND North: . Shipps Corner Road
USE AND ZONING: • Concrete facility & office, office warehouse / I-2 Industrial
District
South: • Dam Neck Road
• Woods, stormwater management facility / I-2 Industrial
District, I-1 Light Industrial District
East: . London Bridge Road
• Single family dwelling, mulch facility / I-1 Light Industrial
District
West: . West Neck Creek, woods / AG-2 Agricultural District
NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed and a portion of
CULTURAL FEATURES: the site is within the Resource Protection Area, the most stringently
regulated portion of the Chesapeake Preservation Area. The site is
heavily wooded and contains 100-year Floodplain Subject to
Special Restrictions (as defined by the Floodplain Ordinance) and
some non-tidal wetlands.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this property as being within the
Suburban Area and, more specifically, within Special Economic Growth Area 3(SEGA 3), South Oceana.
The SEGAs are located adjacent to NAS Oceana and have significant economic value and growth
potential, targeting land uses compatible with the military uses. The City supports development of and
redevelopment of SEGAs consistent with AICUZ provisions and the City's economic growth strategy.
Portions of SEGA 3 are impacted by high noise zones, accident potential zones, Navy restrictive
easements, floodplain and other environmental constraints.
FIVE DOG NIGHT;:'LLC
Agenda Item D1
Page 2
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Shipps
Corner Road in the vicinity of this site is a two-lane collector. Drakesmile Road in the vicinity of the site is
a four-lane suburban minor arterial. There are no CIP projects on Drakesmile Road; CIP Project
2.414.000 Shipps Corner Road Improvements consists of access management, turn lanes, geometric
improvements, and pedestrian improvements with 90 percent design expected to be submitted in July
2014.
TRAFFIC:
Street Name Present
Present Capacity
Generated Traffic
Volume
Drakesmile Road 23,000 ADT 6,200 ADT (Level of
Service "C") - 9,900
ADT' (Level of Service 2
Existing Land Use -
Unknown ADT
28,200 ADT' (Level of Proposed Land Use 3-
Shipps Corner ? 9
100 ADT Service "C") - 30,600
' 25 additional ADT
Road , (Level of Service
ADT
«p„)
Average Daily Trips
Z as defined by existing kennel use
3as defined b area of roposed additional veterina office use
WATER: This site is connected to City water. There is a 12-inch water main in Shipps Corner Road.
SEWER: This site is already connected to City sewer and is currently utilizing a private force main. There
is an existing six-inch City sanitary sewer force main in Shipps Corner Road.
Water and sanitary sewer service must be verified and improved, if necessary, so that the new buildings
will have adequate water pressure, fire protection and sanitary sewer service. Additional detailed review
will be done during final site plan review.
Section 6.2 of the Floodplain Ordinance states that the City Council may grant variances that:
... will not be contrary to the public interest in cases in which the strict application of the
provisions of this ordinance would effectively prohibit or unreasonably restrict the use of
the subject property. No variance shall be granted for any proposed use, development, or
activity within any Floodway District that will cause any increase of the base flood
elevation."
Section 6.4 states that the granting of a variance cannot create or result in:
1. Unacceptable or prohibited increases in flood heights;
2. Additional threats to public safety;
3. Extraordinary public expense;
4. Nuisances; or
5. Fraud or victimization of the public.
FIVE DOG NIGHT; ?LC
Agenda Itern' D1
Page 3
And, furthermore:
• The granting of such variance will not be detrimental to other property in the vicinity.
. The circumstances giving rise to the variance application are not of a general or recurring nature.
• Such circumstances arise from the physical character of the property or from the use or
development of adjacent property and not from the personal situation of the applicant.
• The granting of such variance will not be in conflict with any city ordinance or regulation.
• Variances shall be the minimum necessary to provide relief.
• All variances shall meet all of the requirements for the Chesapeake Bay Preservation Area
Ordinance (Appendix F) and the Southern Watersheds Management Ordinance (Appendix G),
unless a variance therefrom is granted.
EVALUATION AND RECOMMENDATION
City Zoninp Ordinance - Section 220 - Purpose of Conditional Use Permits
It shall be the duty of the City Council under the provisions of this article to evaluate the impact and the compatibility
of each [conditional] use, and to stipulate such conditions and restrictions including those specifically contained
herein as will assure fhe use being compatible with the neighborhood in which it is located, both in terms of exisfing
land uses and conditions and in terms of development proposed or permitted by right in the area; or where that
cannot be accomplished, to deny the use as not being in accordance with fhe adopted Comprehensive Plan or as
being incompatible with the surrounding neighborhood.
The existing animal kennel and associated services is reflective of the desirable non-residential uses
outlined in the Zoning Ordinance for properties within the Greater than 75 d6 Ldn AICUZ and the
Accident Potential Zone 1. The existing operation and the proposed expansion add to the mix of quality
services available to Virginia Beach residents. It's Staff's opinion that the existing kennel and the
proposed modifications are consistent with the recommendations found in the Comprehensive Plan for
this area that calls for non-residential uses including a mix of light industrial, low-rise office and limited
retail use. The high quality exterior building materials for the proposed two structures will mimic those
utilized on the existing buildings and reflect the Comprehensive Plan's building design guidelines.
When the project was originally considered in 2005, a Floodplain Variance was not required for the
development of the property. Today, due to the low elevation on the majority of the site, the new buildings
and parking areas require encroachment into flood zone "AE." Other than a few specific exceptions,
Section 4.10 of the City's Floodplain Ordinance prohibits fill in Special Flood Hazard Areas identified as
Floodplains Subject to Special Restrictions. As set forth in the ordinance, filling, grading and all other
associated construction activities qualifies as "developmenY" requiring a Floodplain Variance. The
request is to place approximately 650 cubic yards of fill on the property for the construction of the two new
buildings and a parking lot.
Section 4.3 of the Floodplain Ordinance requires new construction or any substantial improvement of any
commercial, industrial, or non-residential building or manufactured home to have the lowest floor,
including basement, be elevated a minimum of two feet above the base flood elevation (BFE). The BFE
on this site is six feet; therefore, the finished floor elevation must be at eight feet or higher. The applicant
will meet this requirement. The applicant intends to utilize a raised exterior perimeter building wall to
minimize the amount of fill immediately adjacent to the buildings. In order to meet this requirement,
either fill or piles are required to bring the improvements two feet above the BFE. Non-residential
buildings located in "AE" flood zones may be flood-proofed in lieu of being elevated provided that the
building components are water tight, as required in the Floodplain Ordinance. While flood-proofing is an
FIVE DOG 1VIGHT; LLC
Agenda Item D1
Page 4
option, based on the existing elevation of the drive aisle and existing elevation of the property where
improvements are proposed it is not a suitable option. Based on this, the proposal is to raise the
elevation of this section of the property up to 10 feet in elevation, necessitating a Floodplain Variance.
The only high land available for mitigation outside of flood zone "AE" is heavily wooded and within the
Resource Protection Area (RPA), the most stringently regulated portion of the Chesapeake Bay
Presenration Area. In lieu of removing mature trees to achieve mitigation, the flood storage mitigation is
proposed within stone and pipe under the future parking lot. A 1:1 mitigation ratio is desirous, but in
direct relation to the topography of the site, the applicant is only able to mitigate a volume of 350 cubic
yards without disturbance of mature vegetation within the RPA.
In line with the stipulations for granting a Floodplain Variance, it is truly the physical character of the
property and not from the personal situation of the applicant that this request for a variance is sought. In
addition, the applicanYs professional engineer has indicated that the overall impact to the floodplain as a
result of this disturbance will be less than a 0.05 foot increase. The proposed improvements are located
out of the RPA, immediately adjacent to the interior drive aisle, so as to reduce the impact as much as
possible to the environmentally sensitive portions of the parcel. It is Staff's opinion that the site has
carefully considered floodplain impacts, and has worked to both minimize the amount of fill required on
the site and to provide acceptable on-site mitigation. Based on this, Staff recommends approval of both
the Modification to the existing Conditional Use Permit and the Floodplain Variance.
CONDITIONS
1. All conditions attached to the Conditional Use Permit granted by the City Council on February 22,
2005, are deleted and are replaced with the conditions listed below.
With the exception of any modifications required by any of these conditions or as a result of
development site plan review, the site shall be developed substantially in conformance with the
conceptual layout plans entitled, "Floodplain Exhibit of Five Dog Night, LLC, Animal Kennel,
Virginia Beach, VA," and "Conditional Use Modification Exhibit of Five Dog Night, LLC, Animal
Kennel, Virginia Beach, VA," dated July 23, 2014, prepared by Site Improvement Associates, Inc.
Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning
Department.
The Proposed Buildings depicted on the plan referenced in Condition 2 above , when constructed,
shall be in substantial conformance with the exhibits entitled, "Five Dog Night, LLC, Proposed
Building Renderings." The Existing Building referenced on the exhibit referenced in Condition 2
above as such, shall be constructed as represented on the elevations entitled, "Proposed
Elevations of Johnson Kennels," prepared by Martin & Martin Architecture, Inc., dated December
2004.
4. Consistent with the 2005 City Council approval, the Shipps Corner Road ingress/egress is limited
to a right-in and a right-out only.
5. Unless otherwise required by the Planning Department/Development Services Center, the on-site
floodplain mitigation shall be as depicted on the Plan and the detail referenced in Condition #2
FIVE DO.G ;N1GHT;`1LC Agenda Itern D1
Page 5
above.
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 / Deve/opment
Services Center and Department of P/anning / Permits and Inspections Division, and the issuance
of a Certiricate of Occupancy, are required before any uses allowed by this Use Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Ofrice within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
FIVE DOGNIGHT;
Agenda Itern' D1
Page 6
Conditions of Februarv 22 2005 Conditional Use Permit
1. The site shall be developed in substantial conformance with the submitted concept plan entitled,
Preliminary Layout for Animal Kennel, 2901 Shipps Corner Road, dated 11/1/04, prepared by Site
Improvement Associates, Inc., with the ingress/egress at Shipps Corner Road limited to a right in
and a right out ingress/ egress and subject to approval by the Department of Public Works, Traffic
Engineering.
2. When the buildings are constructed on the property, they shall all be in substantial conformance
with the elevations entitled, "Proposed Elevations of Johnson Kennels," prepared by Martin &
Martin Architecture, Inc., dated December 2004, in terms of building materials, architectural
design and color scheme.
3. A reservation of 26.5 feet shall be depicted on the final site plan along Shipps Corner Road. All
structures shall meet the minimum required setback from the reservation line.
CONDITIONS OF PREVIOUSLY APPROVED
CONDITIONAL USE PERMIT
FIVE DOG N1GHT; LLC
Agenda Iterra D1
Page 7
AERIAL OF SITE LOCATION
FIVE DOG NIGHT, LLC
Agenda Item D1
Page 8 ?
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FIVE DOG NIGHT, LLC ? II
Agenda Item D 1
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3259 V1RCINIA BEACN BLVD.
X?ti`? : o YIRGlN1A BEACN, VA 23452
(PH) (757) 408-1445
$ QX} (757) 463-4788
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FIVE DOG NIGHT, LLC
Agenda Item D1
Page 11
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RENDERINGS OF PROPOSED BUILDINGS
(Condition 3)
RENDERINGS OF PROPOSED BUILDINGS
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ZONING HISTORY
# DATE REQUEST ACTION
1 02/22/05 Conditional Use Permit animal kennel) Granted
2 01/11/05 Rezonin AG-1 & AG-2 to Conditional I-1) Granted
3 03/23/04 Conditional Use
4 01/02/03 Conditional Use
5 10/09/02 Rezonin I-1 &
6 02/01/00 Rezonin Cond
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APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firm, business, or other unincorporated
organization, complste the following:
1. List the applicant name followed by the names of all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Five Dog Night, LLC - William R. Johnson and Margaret D. Johnson - owners
2. List all businesses that have a parent-subsidiary' or affiliated business entifiy2
relationship with the applicant: (Aftach list ifnecessary)
? Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Comp/ete fhis section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Aftach list if necessary)
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2. List all businesses that have a parent-subsidiary' or afFliated business entity2
relationship with the applicant: (Attach list if necessary)
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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 eoyee 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?
DISCLOSURE STATEMENT
FIVE DOG,iVIGHT;".?,LC
Agenda Item D1
Pag6 16
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)
Site Improvement Associates, Inc.
Martin & Martin Architecture, Inc.
'"Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Govemment Conflict of Interests Act, Va.
Code § 2.2-3101.
2"Affiliated business entity relationship° means "a relationship, other than parent-
L2.23 iary relationship, that exists when (i) one business entity has a controlling ownership
t in the other business entity, (ii) a controlling owner in one entity is also a controlling
in the other entity, or (iii) there is shared management or control befinreen the business
. Factors that should be considered in determining the existence of an affiliated
s entity relationship include that the same person or substantially the same person
manage the two entities; there are common or commingled funds or assets; the
ss entities share the use of the same offices or employees or otherwise share activities,
es or personnel on a regular basis; or there is otherwise a close working relationship
n the entities." See State and Local Government Conflict of Interests Act, Va. Code §
1.
CERTlFICATION: I certify that the information contained hereinis true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
ApplicanYs Signature
William R. Johnson
Print Name
Print Name
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Modification of Conditions Application
DISCLOSURE STATEMENT
FIVE DOG NIGHT,:LLC
Agenda Item; D1
Page 17
rroperry uwners 5ignature (iT airrerent cnan appucant)
Item D-1
Five Dog Night, L.L.C.
Floodplain Variance
Modification of Conditional Use Permit
1515 Drakesmile
District 3
Rose Hall
August 13, 2014
REGULAR
An application of Five Dog Night, L.L.C. for a(a) Floodplain Variance to Section 4.10 of the
Floodplain Ordinance, fill within the Floodplain Subject to Special Restrictions; and an
application of Five Dog Night, L.L.C. for a(b) Modification of a Conditional Use Permit for an
animal kennel facility, approved by the Virginia Beach City Council on February 22, 2005 on
property located at 1515 Drakesmile Road, District 3, Rose Hall. GPIN: 146954569610000.
CONDITIONS
1. All conditions attached to the Conditional Use Permit granted by the City Council on
February 22, 2005, are deleted and are replaced with the conditions listed below.
2. With the exception of any modifications required by any of these conditions or as a result of
development site plan review, the site shall be developed substantially in conformance with
the conceptual layout plans entitled, "Floodplain Exhibit of Five Dog Night, LLC, Animal
Kennel, Virginia Beach, VA," and "Conditional Use Modification Exhibit of Five Dog Night,
LLC, Animal Kennel, Virginia Beach, VA," dated July 23, 2014, prepared by Site Improvement
Associates, Inc. Said plans have been exhibited to the Virginia Beach City Council and are on
file in the Planning Department.
3. The Proposed Buildings depicted on the plan referenced in Condition 2 above , when
constructed, shall be in substantial conformance with the exhibits entitled, "Five Dog Night,
LLC, Proposed Building Renderings." The Existing Building referenced on the exhibit
referenced in Condition 2 above as such, shall be constructed as represented on the
elevations entitled, "Proposed Elevations of Johnson Kennels," prepared by Martin & Martin
Architecture, Inc., dated December 2004.
4. Consistent with the 2005 City Council approval, the Shipps Corner Road ingress/egress is
limited to a right-in and a right-out only.
Unless otherwise required by the Planning Department/Development Services Center, the
on-site floodplain mitigation shall be as depicted on the Plan and the detail referenced in
Condition #2.
A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to
approve item D-1.
Item D-1
Five Dog Night, L.L.C.
Page 2
AYE 11
NAY 0 ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RU550 AYE
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commission approved item D-1.
Claude Lym appeared before the Commission on behalf of the applicant.
Linda Russell appeared before the Commission in opposition.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on
Property Located at 5000 Atlantic Avenue (GPIN 2418883978) and Owned by Todd
Sweigart and Michele Mattioli. COUNCIL DISTRICT - LYNNHAVEN.
MEETING DATE: September 16, 2014
¦ Background:
The applicants request approval of enlargements to a nonconforming garage
apartment and single-family dwelling. The dwelling and garage apartment were
built in 1960, and both the single-family dwelling and garage apartment were
permitted uses in what was then the R-D 2 Residence Duplex zoning district of
the Master Zoning Plan of Princess Anne County. With the adoption of the
Comprehensive Zoning Ordinance in November 1973, garage apartments were
removed as a permitted use. The current City Zoning Ordinance, adopted on
April 18, 1988, does not permit garage apartments or a second single-family
dwelling in the R-5R Residential District. The garage apartment on the site is
connected to the single-family dwelling by an enclosed hallway, but the hallway is
substandard with regard to constituting a connection that would result in the
garage apartment and the house being considered one dwelling. Per the
provisions of Section 105 of the City Zoning Ordinance, the garage apartment
and the single-family dwelling are nonconforming; therefore, any proposed
change to either must be approved by the City Council.
Section 105 of the City Zoning Ordinance regulates nonconforming uses and
structures. Section 105(b) states that it is the intent of the Zoning Ordinance to
allow nonconformities to continue until they are removed, but not to allow them to
become enlarged, expanded, extended, or relocated "except upon a resolution of
the City Council authorizing such conversion, based upon its finding that the
proposed use is equally appropriate or more appropriate to the district than is the
existing nonconforming use."
¦ Considerations:
The applicants are proposing to expand the east side of the garage apartment.
The addition will place the exterior wall of the garage apartment seven feet from
the existing single-family dwelling. The substandard existing hallway connection
to the dwelling would be removed.
Todd Sweigart and Michele Mattioli
Page 2 of 3
The applicants will also be renovating the single-family dwelling. A second story
will be added as well as a sunroom, bedrooms, first and second floor decks on
the front and rear of the south side, and a reconfigured front porch with a new
metal roof. The total floor area will increase from 2,119 square feet to 3,013
square feet. All of the additions will be within the area of the existing yard
setbacks.
¦ Recommendations:
Staff concludes that the proposed enlargement of the existing nonconforming use
is reasonable and will be as appropriate to the zoning district as is the existing
nonconforming use. The request, therefore, is acceptable as submitted, subject
to the conditions below.
The site shall be developed substantially in accordance with the submitted
site plan entitled "Non-Conforming Use Exhibit", dated August 20, 2014
and prepared by WPL. Said plan has been exhibited to the Virginia Beach
City Council and is on file in the Planning Department.
2. The exterior appearance of the dwelling shall be in substantial
conformance with the submitted colored elevation drawings labeled
`Southside Elevation,' `Rear Elevation,' and `Front Elevation.'
3. The two live oak trees, as shown on the plan referenced above, and the
evergreen trees adjacent to 50th Street shall be retained. The limits of
construction shall be delineated on the site to protect the integrity of each
tree's root system.
¦ Attachments:
Staff Review and Disclosure Statement
Resolution
Location Map
Recommended Action: Approval.
Submitting DepartmentlAgency: Planning Department
City Manager: k, ,
'6
1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF
2 A NONCONFORMING USE ON PROPERTY LOCATED AT
3 5000 ATLANTIC AVENUE
4
5 WHEREAS, Todd Sweigart and Michele Mattioli, (hereinafter the "Applicants")
6 have made application to the City Council for authorization to enlarge a nonconforming
7 use located at 5000 Atlantic Avenue in the R-5R Resort Residential District; and
8
9 WHEREAS, this lot contains a single-family dwelling and a garage apartment,
10 which are not allowed on one lot within the R-5R Resort Residential District, however,
11 the dwellings were built prior to the adoption of the applicable zoning regulations and
12 are therefore nonconforming; and
13
14 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the
15 enlargement of a nonconforming use is unlawfut in the absence of a resolution of the
16 City Council authorizing such action upon a finding that the proposed use, as enlarged,
17 will be equally appropriate or more appropriate to the zoning district than is the existing
18 use;
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
23 That the City Council hereby finds that the proposed use, as enlarged, will be
24 equally appropriate to the district as is the existing nonconforming use under the
25 conditions of approval set forth hereinbelow.
26
27 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
28 BEACH, VIRGINIA:
29
30 That the enlargement of the nonconforming use is hereby authorized, upon the
31 following conditions:
32
33 1. The site shall be developed substantially in accordance with the submitted
34 site plan entitled "Non-Conforming Use Exhibit", dated August 20, 2014
35 and prepared by WPL. Said plan has been exhibited to the Virginia Beach
36 City Council and is on file in the Planning Department.
37
38 2. The exterior appearance of the dwelling shall be in substantial
39 conformance with the submitted colored elevation drawings labeled
40 `Southside Elevation,' `Rear Elevation,' and `Front Elevation.'
41
42 3. The existing evergreen trees along 50th Street shall remain to screen the
43 house and pool area. Should the trees become diseased or die, they shall
44 be replaced in accordance with the City of Virginia Beach Landscaping
45 Guide.
46
47 Adopted by the Council of the City of Virginia Beach, Virginia, on the
48 of 12014.
APPROVED AS TO CONTENT
i
Pla rtment
CA-13097
R-2
September 8, 2014
day
APPROVED AS TO LEGAL SUFFICIENCY:
,))?w , k I -
V2
City Attorney's Office
2
LYNNNAVEN
Todd Swei art & Michele Mattioli
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September 16, 2014 City Council
Hearing
APPLICANTS & PROPERTY
OWNERS:
TODD SWEIGART
& MICHELE
MATTIOLI
STAFF PLANNER: Graham Owen
REQUEST:
Enlarqement of a Nonconforminca Use
ADDRESS / DESCRIPTION: 5000 Atlantic Avenue
GPIN: ELECTION DISTRICT: SITE SIZE: AICU2:
24188839780000 LYNNHAVEN 11,563 square feet 65-70 d6 DNL (Sub-
Area 1)
BACKGROUND / DETAILS OF PROPOSAL
Backaround
The applicants request approval of enlargements to a nonconforming garage apartment and single-family
dwelling. The dwelling and garage apartment were built in 1960, and both the single-family dwelling and
garage apartment were permitted uses in what was then the R-D 2 Residence Duplex zoning district of
the Master Zoning Plan of Princess Anne County. With the adoption of the, the Comprehensive Zoning
Ordinance in November 1973, the zoning of the site became R-8, and garage apartments were removed
as a permitted use. The current City Zoning Ordinance, adopted on April 18, 1988, does not permit
garage apartments or a second single-family dwelling in the R-5R Residential District. The garage
apartment on the site is connected to the single-family dwelling by an enclosed hallway, but the hallway is
substandard with regard to constituting a connection that would result in the garage apartment and the
house being considered one dwelling. Per the provisions of Section 105 of the City Zoning Ordinance, the
garage apartment and the single-family dwelling are nonconforming; therefore, any proposed change to
either must be approved by the City Council.
TODD SWEIGART & MICHELE MATTIOLI
SEPTEMBER 6, 2014 CITY COUNCIL HEARING
Page 1
While enlargements to nonconformities are not allowed per Section 105 (d)(1) of the Zoning Ordinance,
they may be permitted by the City Council as follows:
As an exception to the above, any condition of development prohibited by this section may be
permitted by Resolution of the City Council based upon its finding that the proposed condition is
equally appropriate or more appropriate to the district than is the existing nonconformity. City
Council may attach such conditions and safeguards to its approval as it deems necessary to fulfill
the purposes of this ordinance.
Summarv of Proposed Improvements
Garage Apartment Addition - The applicants are proposing to build an addition to the garage apartment
on the side of the structure closest to the single-family dwelling, increasing the total floor area of the
apartment from 664 square feet to 699 square feet. The substandard existing hallway connection to the
dwelling would be removed, and the garage apartment would be seven feet from the single-family
dwelling. The proposed second floor dormers on the garage apartmenYs pitched roof would have a rear
yard (Myrtle Avenue side) setback of 13.8 feet instead of the required 20 feet, but would not encroach
further than the existing 9.8-foot setback of the existing first and second floor exterior wall. A summary of
the existing and proposed structure and lot dimensions is shown in the table below.
Single-Family Dwelling Addition - The applicants are also proposing expansion of the footprint of the
single-family dwelling and the addition of a second story, increasing the total floor area from 2,119 square
feet to 3,013 square feet. The proposal includes several new additions, including a sunroom, bedrooms,
first and second floor decks on the front and rear of the south side, and a reconfigured front porch with a
new metal roof. With the exception of the front porch roof, all of the second floor and associated roof
additions would incorporate shingles and fascia that match the existing structure.
New Front Garage - The applicants are proposing to add an attached garage to the front of the single-
family dwelling, with a concrete driveway that will provide access to the Atlantic Avenue feeder road.
New Swimming Pool - The applicants are also proposing to add a small swimming pool behind the
dwelling. The pool meets the setback requirements for in-ground pools, and has been located so as to
preserve a mature live oak within the rear of the property.
Sing le-Family Dwelling Yartl Requirements for 11-5111 District
Front ltard
Setback (feet) Rear Yartl
Setback (feat) 50th Street Side
Yard Setback
(feet) North Side Yard
tback (feet)
?
Minimum Required 20.00 20.00 18.00 8.00
Existing 30.53 9.80 18.33 6.67
Proposed 20.38 9.80 10.50 6.67
TODD SWEIGART & MICHELE'MATTIOLI
SEPTEMBER 6, 2014 CITY COUNCIL HEARING
Page 2
Sinyle-Family Residentiat Lat and Structure Requirements for R-SR District
Totat Lot
Gaverage ' Totat Building Floor
Area as a% of
At#awable Lot
Coverage
Total Irnpervious Gover
Maximum Permitted 35% 200% 60%
Existing 27% 69% 37%
Proposed 33% 92% 52%
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Single-family dwelling with garage apartment
SURROUNDING LAND North: . Single-family dwelling / R5R Residential District
USE AND ZONING: South: . Single-family dwelling / R5R Residential District
• 50th Street
East: . Single-family dwelling / R5R Residential District
• Atlantic Avenue
West: • Single-family dwelling / R5R Residential District
NATURAL RESOURCE AND The dwelling is located on a parcel that ranges in elevation from 9.2
CULTURAL FEATURES: to 18.2 feet. The parcel is located in the Chesapeake Bay
watershed, and outside of the 100 year floodplain. There are 2
mature live oaks on this site that are proposed for retention.
COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the Suburban Area,
Suburban Focus Area 7-North Beach Area. North Beach, located on both sides of Atlantic Avenue from
42"d Street to 89th Street, is characterized by a compact arrangement of single-family and duplex units with
much of the land zoned Residential Resort District (R-5R). Moreover, the North Beach area is
characterized by a relatively high density of single-family/duplex housing, high impervious surface
coverage and problematic topographic conditions, all of which combine to create recurring stormwater
drainage problems. Recommendations for North Beach include parcel consolidation, density stabilization
and the use of Best Management Practices (BMPs) for stormwater control. Improvement and
reconstruction should use porous materials for driveways, walkways and other similar surfaces, where
feasible, to achieve a net reduction of impervious coverage. Attractive and high quality materials capable
of withstanding severe weather events should be used (p. 3-24).
The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines -
Suburban Areas found in the Comprehensive Plan's Reference Handbook, which address both site and
building design.
TODD SWEIGART & MICHELE MATTIOLI
SEPTEMBER 6, 2014 CITY COUNCIL HEARING
Page 3
Design Guidelines for the Suburban Area applicable to this request are as follows, followed by an analysis
of each:
• The mass, or overall size and height of the structure should be appropriate to the surroundings.
Materials used on structures should be long-lasting, attractive, and high quality. Building materials
should reflect the character of the area associated with it.
The proposed elevations illusfrate balanced facades with windows, metal roof accents, railing, and
column and trim details that are consistenf with the suburban design guidelines and the character
of the surrounding area.
• Whenever possible, stormwater retention and detention systems are encouraged to be designed
as open space or landscape amenities.
To further address the North Beach Suburban Focus Area goals, impervious features can be
incorporated such as stormwater management through biorefention/landscaping features or use of
porous materials for driveways, walkways and other similar surfaces where feasible. Retaining
the gravel driveway assists with stormwater management.
IMPACT ON CITY SERVICES
WATER AND SEWER: This site currently connects to City water. The existing 5/8" meters (City ID
#95098668) can be used or upgraded to accommodate the proposed development. This site also
connects to City sewer and is located in the Pump Station 103 Service Area.
EVALUATION AND RECOMMENDATION
The lot was platted in September 1956 as a part of the North Hollies subdivision. When the home and
attached garage apartment were built in 1960 the original Princess Anne County Zoning Ordinance
allowed garage apartments by-right in the RD-2 District. With the adoption of the Comprehensive Zoning
Ordinance in November 1973, the zoning of the site became R-8, and garage apartments were removed
as a permitted use. The current City Zoning Ordinance, adopted on April 18, 1988, does not permit
garage apartments or a second single-family dwelling in the R-5R Residential District. The garage
apartment on the site is connected to the single-family dwelling by an enclosed hallway, but the hallway is
substandard with regard to constituting a connection that would result in the garage apartment and the
house being considered one dwelling. Per the provisions of Section 105 of the City Zoning Ordinance, the
garage apartment and the single-family dwelling are nonconforming; therefore, any proposed change to
either must be approved by the City Council.
The original zoning ordinance permitted a minimum side yard setback of 6 feet, which the home
conformed to at the time of construction with an actual side yard setback of 6.67 feet. The 1973
Comprehensive Zoning Ordinance changed the side yard setback for the R-8 District to permit a minimum
of 5 feet on one side yard and 10 feet on the other side yard. City Council amended the side yard setback
TODD SWEIGART & MICHELE-MATTIOLI
SEPTEMBER 6, 2014 CITY COUNCIL HEARING
Page 4
for the R-8 district on January 16, 1978 to 8 feet in either side yard, thus making the 6.67 foot existing
side yard setback nonconforming.
The original zoning ordinance permitted a rear yard setback of 10 feet for garages and accessory
buildings. However, the survey performed for the proposed additions indicates that the garage apartment
has a rear yard setback of 9.8 feet, which does not conform to the original setback requirement or the
current rear yard setback of 20 feet. Therefore, the applicants are requesting a clean-up setback
deviation of 9.8 feet instead of the required 20 feet.
Except as specified above, the proposed enlargement meets the other applicable lot and structural
requirement of the R5-R District, including maximum lot coverage, floor area, and impervious cover, and
the minimum parking requirement of four spaces for the two dwelling units. While the proposal does
increase impervious cover by 15 percent, the applicants have offered to retain the two existing live oaks
on the property, as well as the existing row of evergreens along 50'h Street.
The North Beach Civic League was briefed on the site plan and building elevations and supports this
proposal. The Civic League did express concerns regarding an earlier iteration of the plan, which called
for the proposed swimming pool to be located adjacent to the property line along 50th Street. In response
to that concern, the applicant revised the site plan to move the location of the proposed pool out of the
required side yard setback.
Section 105 of the City Zoning Ordinance regulates nonconforming uses and structures. Section 105(b)
states that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they are
removed, but not to allow them to become enlarged, expanded, extended, or relocated "except upon a
resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is
equally appropriate or more appropriate to the district than is the existing nonconforming use."
Based on Staff's evaluation of the proposal, Staff finds that that the proposed enlargement is reasonable,
will have a minimal impact, and will be as appropriate to the district as the existing non-conforming use.
The request, therefore, is recommended for approval with the conditions below.
CONDITIONS
1. The site shall be developed substantially in accordance with the submitted site plan entitled "Non-
Conforming Use ExhibiY", dated August 20, 2014 and prepared by WPL. Said plan has been
exhibited to the Virginia Beach City Council and is on file in the Planning Department.
2. The exterior appearance of the dwelling shall be in substantial conformance with the submitted
colored elevation drawings labeled 'Southside Elevation,' 'Rear Elevation,' and 'Front Elevation.'
3. The two live oak trees, as shown on the plan referenced above, and the evergreen trees adjacent
to 50th Street shall be retained. The limits of construction shall be delineated on the site to protect
the integrity of each tree's root system.
TODD SWEIGART & iVIICHELE?MATTIOU
SEPTEMBER 6, 2014 CITY COUNCIL HEARING
Page 5
NOTE: Further conditions may be required during the administration of applicab/e City
Ordinances and Standards. Any site p/an submifted with this application may require revision
during detailed site p/an review to meet all applicab/e City Codes and Standards. All applicab/e
permits required by the City Code, including those administered by the Department of P/anning /
Development Services Center and Department of P/anning / Permits and Inspections Division, and
the issuance of a Certiricate of Occupancy, are required before any uses allowed by this
application are valid or any structures may be occupied.
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 Environmental
Design (CPTED) concepts and strategies as they pertain to this site.
TODD SWEIGART & MICHELE"MATTIOU
SEPTEMBER 6, 2014 CITY COUNCIL HEARING
Page 6
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TODD SWEIGART & MICHELE MATTIOL
SEPTEMBER 6, 2014 CITY COUNCIL HEARINC
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SEPTEMBER 6, 2014 CITY COUNCIL HEARING
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TODD SWEIGART & MICHELE MATTIOLI
SEPTEMBER 6, 2014 CITY COUNCIL HEARING
Page 9
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Page 10
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SEPTEMBER 6, 2014 CI'
MICHELE MATTIOL
COUNCIL HEARINC
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TODD SWEIGART & MICHELE MATTIOLI
SEPTEMBER 6, 2014 CITY COUNCIL HEARING
Page 12
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TODD SWEIGART & MICHELE MATTIOL
SEPTEMBER 6, 2014 CITY COUNCIL HEARINC
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TODD SWEIGART
SEPTEMBER 6, 2014 CI'
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ZONING HISTORY
# DATE REQUEST ACTION
1 01/14/2014 Alteration to a Nonconformin Use Approved
2 02/12/2013 Alteration to a Nonconforming Use Approved
3 01/28/2003 Street Closure A roved
'?-'...?i="J-;-,.•?FAt r • J
TODD SWEIGART
SEPTEMBER 6, 2014 CI'
COUNCIL HEARINC
Page 1;
a
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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 all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Todd Sweigart and Michele Mattioli
2. List all businesses that have a parent-subsidiary' or affiliated business entityZ
relationship with the applicant: (Attach list if necessary)
? Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DtSCLOSURE
Complete this section only if property owner is different from applicanf.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach list if necessary)
V\J 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 M
If yes, what is the name of the official or employee and the nature of their interest?
DISCLOSURE STATEMENT
TODD SWEIGART & MICHELE`MATTIbLI
SEPTEMBER 6, 2014 CITY COUNCIL HEARINC
Page 16
ADDITIONAL DISCLOSURES
List ail known contractors or businesses that have or wili 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)
WPL
Redfearn Custom Designs
'"Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Govemment Conflict of Interests Act, Va.
Code § 2.2-3101.
2"Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controtling 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 oontroi 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 oommon or commingled funds or assets; the
business entities share the use of the same ofrices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is othervvise a close working reiationship
between the entities.° See State and Local Govemment Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certiry that the infom?ation contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the appfica6on 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 enVy upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
/
` Todd Sweigart
Applicant s Signature Print Name
Property Owner's Signature (ff different than applicant)
Same
Print Name
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DISCLOSURE STATEMENT
TODD SWEIGART & MICHELE MATTIOLI
SEPTEMBER 6, 2014 CITY COUNCIL HEARING
Page 17
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CITY OF VIRGINIA BEACH
, AGENDA ITEM ,
ITEM: COASTAL BUILDING GROUP, LLC (Applicant) / SARAH E. WARD (Owner),
Special Exception for Alternative Compliance to the Oceanfront Resort
District Form-Based Code, 520 21st Street (GPIN 2417987080;
2417988034). COUNCIL DISTRICT - BEACH.
MEETING DATE: September 16, 2014
¦ Background:
The applicant requests a Special Exception for Alternative Compliance to the
Oceanfront Resort District (ORD) Form-Based Code (FBC). The purpose of the
request is to allow an alternative to the prescribed form and criteria for a
Detached House Building Type, as outlined in Section 2.9 of the FBC. That
prescribed form allows one Detached House Building Type per lot. The applicant
is proposing more than one Detached House on one lot. To develop the site as
proposed, a Special Exception for Alternative Compliance would need to be
approved by the City Council.
¦ Considerations:
The applicant proposes to subdivide the site into two 45'x 130' parcels and erect
two Detached House Building Types on each lot, for a total of four structures.
Two three-story units will front on 21 st Street and two three-story units will front
on 20th'/2 Street.
The front units have a footprint of 1,072 square feet and include a one or two-
story covered porch, three bedrooms, a permeable paver patio, and a single-car
garage. Exterior materials for the front units include board and batten, fiber-
cement lap siding, white trim, a variation of window type and size, brackets on
the porch, standing-seam metal roofing, architectural shingles, and decorative
garage doors. The units have a maximum height of 35 feet and a front yard
setback of ten feet from the front property line.
The rear units have a footprint of 955 square feet and also include a front porch,
three bedrooms, and a single-car garage. Exterior materials for these units
include architectural shingles, fiber-cement lap siding, white trim, trellises, and
decorative garage doors. These units have a maximum height of 31 feet, and the
"front entrance" faces 21 st Street, as well as the alley of 20th '/2 Street.
Further details pertaining to the site layout and building plans, as well as Staff's
evaluation of the request, are provided in the attached staff report.
COASTAL BUILDING GROUP
Page2of3
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:
With the exception of any modifications required by any of these
conditions or as a result of development site plan review, the layout of the
site shall be substantially as shown on the site plan entitled "CONCEPT
PLAN, LOTS 20, 22, 24, BLOCK 45" dated May 28, 2014 as prepared by
Gallup Surveyors and Engineers, LTD,. Said drawing has been exhibited
to the City Council and is on file in the Department of Planning.
2. With the exception of any modifications required by any of these
conditions or as a result of reviews under the International Building Code,
the dwellings on the site shall be substantially as shown on the drawings
entitled "LPS-1837" dated 6/12/2014, "LPS-2313" dated 6/12/2014, and
"LPS-2313 Alt. ELEVATIONS" dated 7/17/2014, as drawn by J Bengtson.
Said drawings have been exhibited to the City Council and are on file in
the Department of Planning.
3. At the time of installation and at any time of maintenance or replacement,
the landscaping, fencing, pavers, and use of trellises, shall substantially
be as shown on the submitted landscape plan titled, "LANDSCAPE PLAN
LOTS 20, 22, 24" and dated 7/31/2014. Said drawing has been exhibited
to the City Council and is on file in the Department of Planning.
4. A subdivision plat shall be submitted to the Planning Department /
Development Services Center for approval. Said subdivision plat shall
show the removal of the existing interior lot line and the dedication of 2.5
feet along the southern lot line to the City of Virginia Beach.
5. The applicant shall make all proposed right-of-way improvements as
required for 21St Street and 20th'/2 Street as further required by Public
Works / Traffic Engineering and Planning / Development Services Center
as part of development site plan review.
6. The existing curb-cut / driveway access located on 21 St Street shall be
removed.
7. The portions of the driveways called out as "PROPOSED PAVER
DRIVEWAY," as well as the patios, shall be constructed of permeable
pavers. The driveway runners may be paved.
COASTAL BUILDING GROUP
Page3of3
8. All landscaping must be maintained in good health. All landscape that fails
to grow or is determined to be in poor health shall be replaced with a
similar type of plant that conforms to the landscaping depicted on the
plans referenced by Condition 3. All replacement landscaping shall be
approved by the City Landscape Architect for consistency with the
conditioned plan.
9. All mechanical equipment, including but not limited to HVAC units, shall be
screened year-round by landscaping or fencing. Screening shall, at a
minimum, be the height of the equipment.
¦ Attachments:
Staff Report and Disclosure Statements
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submitting DepartmentlAgency: Planning Department
City Manager. ? , D??
BEACX
Coastal Buildin Grou , L.L.C.
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D2
August 13, 2014 Public Hearing
APPLICANT:
COASTAL
BUILDING GROUP,
L.L.C.
PROPERTY OWNER:
SARAH E. WARD
STAFF PLANNER: Kristine Gay
REQUEST:
Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code.
ADDRESS / DESCRIPTION: 520 21s' Street
GPINS: ELECTION DISTRICT: SITE SIZE: AICUZ:
2417-98-7080 BEACH 11,700 Feet 65-70 d6 DNL (Sub-Area 1)
2417-98-8034
BACKGROUND / DETAILS OF PROPOSAL
BACKGROUND
The applicant requests a Special Exception for Alternative Compliance to the Oceanfront Resort District
(ORD) Form-Based Code (FBC). The purpose of the request is to allow an alternative to the prescribed
form and criteria for a Detached House Building Type, as outlined in Section 2.9 of the FBC. That
prescribed form allows one Detached House Building Type per lot. The applicant is proposing more than
one Detached House on one lot. To develop the site as proposed, a Special Exception for Alternative
Compliance would need to be approved by the City Council.
The subject site currently consists of two parcels: 60' x 130' and 30' x 130'. The site is adjacent to the
southern side of 215t Street and the northern side of the alley of 20th %z Street. Currently, the subject site
consists of a duplex dwelling. Towards the eastern portion of the lot there is one curb cut for vehicular
access. The remainder of the site is flat, grassy, and occupied by overgrown mature canopy trees and
shrubs.
The applicant proposes to subdivide the site into two 45'x 130' parcels and erect 2 Detached House
Building Types on each lot, for a total of 4 structures. As noted above, since the applicant is proposing
more than one Detached House Type on one lot, the site can only be developed as proposed with the
approval of a Special Exception for Alternative Compliance by the City Council.
COASTAL BUILDING GROUP, L.L.C.
Agenda Item D2
Page 1
Other Building Types allowed on a Gateway 3 Frontage (21st Street) would generate the following
number of dwelling units:
Buildin T e Number of Dwellin Units
A artment 7
Row House 5
Detached House 3
' Each of these detached houses could be used as a duplex as well as have a 700
square foot "backyard cottage" over the detached garage; this would produce a
total of 6 to 9 dwelling units.
The applicant is proposing one dwelling unit within each of the Detached Houses, for a total of four
dwelling units.
The proposed development consists of two three-story units, fronting on 21 St Street, and two three-story
units in the rear yard, adjacent to 20th %z Street. The front units have a footprint of 1,072 square feet and
include a one or two-story covered porch, three bedrooms, a permeable paver patio, and a single-car
garage. Exterior materials for the front units include board and batten, fiber-cement lap siding, white trim,
a variation of window type and size, brackets on the porch, standing-seam metal roofing, architectural
shingles, and decorative garage doors. The units have a maximum height of 35 feet and a front yard
setback of ten feet from the front property line.
The rear units have a footprint of 955 square feet and also include a front porch, three bedrooms, and a
single-car garage. Exterior materials for these units include architectural shingles, fiber-cement lap siding,
white trim, trellises, and decorative garage doors. These units have a maximum height of 31 feet, and the
"front entrance" faces 21 St Street, as well as the alley of 20th %2 Street.
As shown on the site plan, a four-foot high picket fence will border the perimeter of the site with the
exception of the southern lot line. The applicant is proposing a heavily landscaped shared pedestrian
corridor to double as both pedestrian access and as a site amenity. A centered gate in the front fence will
open to a stepping stone path bordered by an extension of the picket fencing, 5 small canopy trees, and a
variety of evergreen shrubs, and ornamental grasses. The path will lead from the front lot line to the
driveways of the rear units. The applicant is proposing two medium canopy trees along the front lot line.
By placing the trees as close as possible to the front lot line, it is the applicanYs intent that they double as
shade for pedestrians using the 21 St Street sidewalk as well as count towards interior canopy coverage for
the lot. The center of the lot is left open and consists of lawn, stepping stones, and the permeable paver
patios, and driveways. The applicant is proposing to close the existing curb cut on 21St Street, and provide
for all vehicular access off the alley.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Duplex dwelling unit
SURROUNDING • 21St Street
LAND USE AND North . Duplex dwellings with garage apartment / OR Oceanfront
ZONING: : Resort District
• Multi-family residential / OR Oceanfront Resort District
COASTAL BUILDING
Agenda Iterti D2
Pane 2
• 20th %2 Street
South: Duplex dwellings / OR Oceanfront Resort District
East: . Duplex dwellings / OR Oceanfront Resort District
West: • Single-family dwellings / OR Oceanfront Resort District
NATURAL AND CULTURAL FEATURES: There are no known significant cultural or natural resource
features on this site.
COMPREHENSIVE PLAN: The subject site is located in the Oceanfront Resort Strategic Growth Area
(SGA). It is zoned Oceanfront Resort (OR) and land use is regulated by the Oceanfront Resort District
Form-Based Code (FBC), which was approved on July 10, 2012 as part of the implementation of the
recommendations of the Comprehensive Plan for this SGA. The Resort Area Strategic Action Plan
(RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in this
area.The RASAP calls for improved transit and pedestrian connections between destinations, and a
transition in use and design from the Resort Area to the neighborhoods.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Access to
this site is from 20 '/2 Street between Mediterranean Avenue and Baltic Avenue. 20 '/z Street is a minor
two-lane alley with a 20-foot right-of-way width. The site is also adjacent to 21 St Street, which is a four-
lane minor urban arterial roadway with an 80-foot right-of-way width. There are currently no proposed or
ongoing Roadway Capital Improvement Program (CIP) projects associated with either of these two
roadways in the vicinity of this site.
TRAFFIC:
Street Name
Present Volume
Present Capacity
Generated Traffic
21 S Street 11,300 ADT (2013) 14,800 ADT (Level of Existing Land Use
Service "C") - 27,400 ADT' - 20 ADT
(Level of Service "E")
Proposed Land Use 3
- 40 ADT
Average Daily Trips
Z as defined by two single-family dwellings
3as defined b four sin le-famil dwellin s
WATER: This site currently connects to City water. The existing 5/8-inch meter (City ID #95033956) can
be used or upgraded to accommodate the proposed development. There is an existing 8-inch City water
line on 21 S' Street. There is also an abandoned 2-inch and 4-inch City water line on 21 St Street.
SEWER: The site currently connects to City sanitary sewer. Analysis of Pump Station #003 and the
sanitary sewer collection system is required to ensure future flows can be accommodated. There is an
existing 8-inch and 10-inch City gravity sanitary sewer main on 21 St Street.
COASTAL BUILDING GROIJI
Agenda
L:L.C:
Itern D2
Page 3
EVALUATION AND RECOMMENDATION
By-right development of the site following the prescribed criteria of the Detached House Building Type is
capable of yielding up to 9 units based on the Frontages and Building Type regulations of Chapter 2 of
the Oceanfront Resort District (ORD) Form-Based Code (FBC), which. The applicant proposes to achieve
a lower density using an Alternative Form of four Detached House Building Types.
As specified by Section 2.9 of the FBC, one Detached House is allowed on a single lot; therefore, the
applicant's proposal to subdivide the site into two 45' x 130' lots and to place two Detached Houses on
each lot requires City Council approval of a Special Exception for Alternative Compliance.
As shown in the "Criteria Table" located on page 20 of this report, the proposal is deficient with regard to
two of the prescribed criterion associated with a Detached House Building Type: the minimum lot area
and individual story height. Each of the proposed Detached Houses should have a minimum lot area of
3,000 square feet, and thus, 12,000 square feet total for the four. The subject site is 11,700 square feet in
area; this is a total deficiency of 300 square feet or 75 square feet per unit. To compensate for the minor
deficiency in lot size, the applicant has proposed leaving the center of the site open instead of separating
the lots with a picket fence, thus resulting in a larger shared space for the residents. Further, the applicant
has worked with the City's Landscape Architect to provide an alternative to the minimum landscaping
requirements that will maximize the amount of open space while providing a heavy amount of
landscaping at more appropriate and functional portions of the site. To address the deficiency in story
height, the applicant has used narrower windows and exceeds the transparency requirement, as a means
of producing a more vertical and open appearance to the faCade. Staff concludes that the deficiencies are
equitably addressed through the alternative design solutions proposed by the applicant.
Section 7.3.3 of the FBC provides the 'Review Standards' for Alternative Compliance applications, noting
that the City Council "shall consider the extent to which the proposed development, taken as a whole,"
satisfies the standards. Each of those standards is listed below, followed by comments from the staff
pertaining to the degree to which the applicanYs proposal meets each standard:
Promotes modes of transportation other than the automobile, including walking and
transit. Staff Comments: The applicant will be responsible for reconstructing the existing portion
of sidewalk adjacent to the subject site along 215t Street such that it is consistently 8-foot wide.
The applicant will also be dedicating to the City of Virginia Beach a 2.5-foot wide strip of land
adjacent to and running parallel to the 20th'h Street alley. The applicant will be improving the
portion of the alley adjacent to the site in accordance with Public Works Standards for a 24-foot
wide alley. The applicant will be removing the existing curb cut located on 215t Street and is
proposing that all vehicular access to the site be from the alley.
Creates a built environment that is in scale with pedestrian-oriented activities and
provides visual interest and orientation for pedestrians. Staff Comments: The proposal is
consistent with the prescribed ground-story height; build-to zone, and build-to percentage as
provided by Section 2.9 of the Form-Based Code. The proposed porches, landscaping, and four-
foot high 50 percent transparent picket fence will provide a gradual transition from the private
residential space to the public sidewalk. Having the shared walkway gated as part of the front
picket fence communicates that while it connects all the way through to the alley, it is for the
residents of the subject site only. The front entrances of the rear units will be visible to
pedestrians on the sidewalk. The applicant explored providing trees in the public right-of-way of
21St Street: however, due to dimensional restraints between the curb and existing sidewalk;`the
COASTAL BUILDING GROUP, L.L.C.
Agenda Item D2
Page 4
applicant has instead included two medium canopy trees within three feet of the front lot line to
shade the pedestrian and provide interest to the streetscape.
Contributes to a mix of uses in the area that are compatible with each other and work
together to create a memorable and successful place. Staff Comments: W hile this proposal
includes only residential uses, if it is desired in the future, the Detached House Building Type is
capable of containing office and retail uses by-right, per Section 5.2 of the FBC.
Is consistent with the intent of the regulations applicable to the street frontage in which it
is located, as set forth in Sec. 2.1 of this code. Staff Comments: The site is located on a
Gateway 3 Frontage. This Frontage is intended for key streets entering the Resort Area,
transitioning from small-scale residential to larger-scale mixed use. The proposed residential use
and scale of the proposal is consistent with the Gateway 3 Frontage.
Is physically and functionally integrated with the built environment in which it is located.
Staff Comments: The two front units included in this proposal each have a 31.15-foot wide front
facade. As shown in the site plan, the applicant has chosen to break up the width of the faCade by
stepping back 7.17 feet. By stepping back, the facades of the proposed units are within 5 feet and
12 feet of the front farade of the existing residential dwellings located on the adjacent lots. In this
way, the site is 'physically integrated' with the adjacent parcels and surrounding built
environment.
If each of the subject lots were developed by-right with one detached house, each lot would have
a minimum of a 13-foot wide (26-foot wide total) curb-cut to allow vehicular access. By removing
the existing curb cut and proposing that all vehicular access be from the alley, this proposal
provides a minimum of an additional 22 feet of public parking on the street and a less interrupted
public sidewalk and is therefore functionally integrated with the built environment.
Additionally, the applicant has provided an anticipated general stormwater management plan to
ensure that the proposed lot coverage is appropriate and that the proposed and conditioned
landscaping is feasible such that the proposal is capable of ineeting the required 20% Outdoor
Amenity Space (OAS). When measured as specified by the FBC, the proposed site plan uses 41
percent of the site as OAS. By comparison, excluding that area of the OAS is also designated as
the primary infiltration area shown on the stormwater plan, the proposal would still provide 21
percent OAS, which exceeds the requirement by 1 percent. While this anticipated stormwater
plan is general and not referenced in Staff's conditions, it is an additional indicator that the
proposed site plan will be physically and functionally integrated.
Advances the goals and objectives of the parking strategy for the District. Staff Comments:
Per Section 6.2.2(B) of the FBC, each residential unit [of any Building Type] requires two parking
spaces. The applicant has provided two parking spaces for each residential unit. As previously
mentioned, the proposal includes the closing of an existing 22-foot wide curb cut. While closing
this curb cut will result in one additional qublic on-street parking space, Section 6.2.5 of the FBC
allows this additional parking space to be counted by the applicant towards meeting the minimum
parking requirement. By providing a total of nine parking spaces for the subject site, the parking
requirements of Section 6.2.2(B) of the FBC have been exceeded, and accordingly, the goals and
objectives of the parking strategy have been advanced.
The City Council shall also consider the potential impacts of the proposed deviation on
surrounding properties and the extent to which any adverse impacts from such deviation
can be mitigated. Staff Comments: Staff finds that the impacts to the surrounding area as a
result of the proposed deviations are limited. The primary difference of the proposed alternative
COASTAL BUILDING GROUP, L".L.C.:
Agenda Itern D2
Page 5
form from the prescribed form is the size of the rear structures. Following the Detached House
Building Type criteria, use standards, and definitions of the FBC, the rear structures would be
limited to a 700 square foot "Backyard Cottage." A Backyard Cottage may be at ground level or
above a garage. Thus, by-right, a 700 square foot 2-story garage with an average height of 26 to
28 feet could be built. This structure could be located within 5 feet of the property line and would
not have any form criteria specified for it by the Form-Based Code. The subject site could have
three of these two-story Backyard Cottages / Garages for a total of 2,100 square feet. The
proposed alternative Form Type of the rear structure has a footprint of 955 square feet. While the
individual footprint of the proposed alternative form of the rear structures is larger, given that only
two are proposed, for a total of 1,910 square feet, the overall footprint of the proposed alternative
is smaller. The proposed rear structures have a height of 31 feet. While this is approximately 5
feet taller than the average 2-story garage, the proposed units will be situated 11 feet from each
of the side lot lines as compared to only 5 feet as required by the FBC. Further, the rear
structures have a relatively high side transparency percentage of 14 percent on the ground level
and 13 percent on the upper level, as well as a mixture of exterior materials.
Associated with the alternative form of the rear structures is a slightly more intensive residential
use. The 700 square foot Backyard Cottage is anticipated to be used by one person or a couple,
as a studio. The parking requirement for a Backyard Cottage is only 1 space. The proposed rear
units will have 3 bedrooms, and will be considered a residential unit instead of a backyard
cottage. The applicant has therefore included two parking spaces for each of the rear units as
well as a single-car garage. Staff finds that the impacts to the surrounding area as a result of the
proposed deviations in form and the associated heightened use of the site are limited.
Section 7.3.4 of the Form-Based Code provides City Council with the ability to add "reasonable conditions
of approval to an application for Alternative Compliance. Such conditions shall be limited to those
intended to mitigate any adverse visual, functional, or other impacts of the deviation from the provisions of
this Code or to promote compliance with the goals and objectives of the Resort Area Strategic Action
Plan and this Code."
Based on staff's evaluation of this request, approval is recommended subject to the conditions below.
CONDITIONS
1. With the exception of any modifications required by any of these conditions or as a result of
development site plan review, the layout of the site shall be substantially as shown on the site
plan entitled "CONCEPT PLAN, LOTS 20, 22, 24, BLOCK 45" dated May 28, 2014 as prepared
by Gallup Surveyors and Engineers, LTD,. Said drawing has been exhibited to the City Council
and is on file in the Department of Planning.
2. With the exception of any modifications required by any of these conditions or as a result of
reviews under the International Building Code, the dwellings on the site shall be substantially as
shown on the drawings entitled "LPS-1837" dated 6/12/2014, "LPS-2313" dated 6/12/2014, and
"LPS-2313 Alt. ELEVATIONS" dated 7/17/2014, as drawn by J Bengtson. Said drawings have
been exhibited to the City Council and are on file in the Department of Planning.
COASTAL BUILDING GROUP, L':L.C:
Agenda Itern D2
Page 6
3. At the time of installation and at any time of maintenance or replacement, the landscaping,
fencing, pavers, and use of trellises, shall substantially be as shown on the submitted landscape
plan titled, "LANDSCAPE PLAN LOTS 20, 22, 24" and dated 7/31/2014. Said drawing has been
exhibited to the City Council and is on file in the Department of Planning.
4. A subdivision plat shall be submitted to the Planning Department / Development Services Center
for approval. Said subdivision plat shall show the removal of the existing interior lot line and the
dedication of 2.5 feet along the southern lot line to the City of Virginia Beach.
5. The applicant shall make all proposed right-of-way improvements as required for 21St Street and
20th'/2 Street as further required by Public Works / Traffic Engineering and Planning /
Development Services Center as part of development site plan review.
6. The existing curb-cut / driveway access located on 21 St Street shall be removed.
7. The portions of the driveways called out as "PROPOSED PAVER DRIVEWAY," as well as the
patios, shall be constructed of permeable pavers. The driveway runners may be paved.
8. All landscaping must be maintained in good health. All landscape that fails to grow or is
determined to be in poor health shall be replaced with a similar type of plant that conforms to the
landscaping depicted on the plans referenced by 6eRd+tiea1 Condition 3. All replacement
landscaping shall be approved by the City Landscape Architect for consistency with the
conditioned plan.
9. All mechanical equipment, including but not limited to HVAC units, shall be screened year-round
by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment.
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 p/an review to meet all applicab/e City Codes and Standards. All applicab/e
permits required by the City Code, including those administered by the Department of Planning /
Deve/opment Services Center and Department of P/anning / Permits and /nspections 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.
COASTAL BUILDING GROUP, L.?.C.
Agenda Item D2
Page 7
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COASTAL BUILDING GROUP, L.L.C. ,
Agenda Item D2
Page 9
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enda Item D2
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PRELIMINARY STORMWATER PLAN
COASTAL BUILDING GROUP, L.L.C.
Agenda Item D2
Page 12 a i
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BUILDING ELEVATIONS, NORTHEAST UNIT
COASTAL BUILDING GROUP, L.L.C. ?
Agenda Item D2
Page 13
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BUILDING ELEVATIONS, NORTHWEST UNIT
COASTAL BUILDING
II
GROUP, L.L.C.
Agenda Item D2 Page 14 ?
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BUILDING ELEVATIONS, REAR UNITS
COASTAL BUILDING GROUP, L.L.C.
Agenda Item D2 -
Page 15
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RENDERING OF SITE FROM 21ST STREET
COASTAL BUILDING
31ROUP, L.L.C. ?
genda Item D2
Page 16
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RENDERING OF SITE FROM ABOVE
COASTAL BUILDING
Agenda Item D2
Page 17
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RENDERING OF SITE FROM ALLEY OF 2'2 STREET
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COASTAL BUILDING GROUP, L.L.C.
Agenda Item D2
Page 18
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DENSITY MASSING STUDY
VIEW FROM 21 ST STREET
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DENSITY MASSING STUDY
VIEW FROM ALLEY OF 20TM'/: STREET
Agenda Item D2
? Page 19
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11,700 SF total
Area 3,000 square feet 2,925 SF er structure
90' Total
Width gp' 45' er front structure
21" Street Setback (minimum) 5' 4.05'
5' and 6.84' Side Setback
Side + Rear Setback (Common Lot Line) 5' 6' Rear Setback
Build-To Zone 5' - 20' 10.9'
Building Width in Build-To Zone 45' (50%) 62.3' (69%)
Total Required Parking Spaces $ $
Outdoor Amenity Space 20% 41 %
' 35' (front units)
Building Height 45
max 31' rear units
Ground Story Height 10, 10'
Upper Story Height 10' 9' and 8'
/0 (front units)
35°
Ground Story Transparency (minimum) 15% ?
27
/o rear units
Upper Story Transparency (minimum) 15% 26% (front units)
20 /o rear units
Street Facing Entrance Required Proposed
' 6.84' (front units)
Porch Depth g 5.84'-8.84' rear units
CRITERIA TABLE
COASTAL BUILDING GROIiP, L,!LyC:
Agenda Iterr? D2
Page 20
ZONING HISTORY
There have been no previous applications submitted for review
by Planning Commission or City Council in this area
COASTAL BUILDING GROUP, L.L.C.
Agenda Item D2
Page 21
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Applicant Disclosure
H the applitsnt is a corp4rakiori, partrwership, firm, busine9s, tar ather unlnpotpGraled oryanization,
oomple+le Rhs fdbwing: ?
i. L,isk ths appkanl nanne foFlo+Med by the nsmes af sN oMeers, rnanb?rs, buslees, pe?tnsm, etc.
Gebw: (At1aG? fist if r?ecasssuY)
CppoW W1dVg Gi{owp, LLC: JonethM P. OecNer. Mnm6 m; JaNncyFt M"Idr* Morrtber: MiCheeA J. Fhmdar.lAmnbor. 2, Lisl il bucinosaof MW fw.+a a panant-av6sidimy' or atflliatGrf businaas anGty? raietionehip with
ttre arppkarrt (Attach tist jY +reoessarY)
I LJCheck hers I} tFwo oppliprnt is IYt)Ta axporaticue., partnerehip, f`vmm, businsas, a otiw I
I unlnoqrporratpd organlzptbn,
Property Owner Uisclosure
CompWbe #1i* udion only 'rf property ewner is dWferent f rpm appGicarN.
I If the property ovmer is a earporatttxi, partnership, ilrm, bvsiness, or other urrincarparatad wganisa-
? tfaa, complete 1rie fcNowing:
1. List the property owner nsrne fopowed by ihe x?ameg of etl alYicers, memDest, irusiees, pertnm,
Bbc. trelow: (Aq`ach fraf 1r*MWY)
Ssran E. WaM
? 2. Liek ell Wfiinessee lhat have a partnl-subaidiary` or affiliaied b?raineas en1lty3 relatiwishoip with ?
1he aPPkant (Alfach ksf #'trecassary)
?
MGhadc here ft lhe prope+ty armer Is NQ7a aorporakion, peMnership, frm, Duslnass, or other unin- '
eorpareied argwuzatAan_ ?
i a see ne$i neX,e tcr daotnotes f
Doee ars otfiekW or emplpy" of !ht Gily at Virqinia Beach have an Irrteresa im the subjed land?
Yea n,NoMi N yea, whet ie tha npme of the aftir.iel or employee and the natusa oF their interest?
DISCLOSURE STATEMENT
COASTAL BUILDING t?ROUP, L:? C.
Age:nda Iter? D2
Page22
F,A-d-d'itional Disclnsures . ?
Lisl aII knrnm oonlxactors or buxrnesses M have or wiN prpvide sesvvices wiIIh reapeCt !u 1he
requesbed Kuope+ty use, inckicling but not Iimitetl to ft prpyidet9 of anChltedural sarvtices, real
estatt serriots tnanCial serrioes, accaunting aervices, and iegaf 3e+vicea: (Attach list rf
neceesery)
Sykes, Bourdanf Ahern & L4vy, P.C.
Land Flanntny Solutions
Gallup 5urveyors E Engineers, Ltd.
"Patent subsd+ary reletionahip" means "a relat+waship tnat eirifls whee one wrporaGon
directty of indir+ectly owns snpres pasSeuing more tlhan 50 percent of ttse wob" ppwvu of another
ppeparatian." See StaDe and Locel C+pvemment Gontict of lntereals Act, Va Code §2 2•3143.
'.Aftated business entEy refaboroship' means 'a reUtioreship, other than parent-
subsidlary relakionship, that exists when (I) ate buskesa entlly has a contmlhng ownersshlp Interest
in 1he oqwr 4trsiness entity. (ii) a aontrrolling owner in one enaly is also b oontrollirtg owner fn Ihe
other entity nr (m) 1here IS shaed management or Con" beMreere the buslnm entities. Fpcws
that ahauld be considered in delemllnaV Ute emisUence of an affiiiatad business enlily rel3hivnship
ixciwdc Cnat the Eame person or suhstantiary the same perspse pwn or manage the tws enEities;
Phere are common o( 4bmrrtingled funda or essets; Ihe husineas enUties ahare the use of the sAtr*
affioes or empbyees ar otfierweat share activitie3, resources a pecsonnel can iMgs11i+ hasis; or
ftne is a4howise a cloee warlcueg relatiCmship beNveen the enEitaes' See StoEe irtd Local
Govemmenl Ccrflitt of Interests ACt, Va CoA+E § 2.2-3101.
CCttIf1C8t1OIt ?
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I oertdy that ftre IndormAbos conkained herein ,? b-ve and accurete. ?
I understend that, upon reoeipt at notifiCaGon {posicarq} tt+at the applicatoae h85 beott scheduied
tpr puiCgC hoaring. I am respwvsMie for ob4ainong and posting Ures required sign on the suCpw
Rsoperty at Was13D daya prior ta bie schedtAed public hearinig aocor" td the instruc4ions in thiS
! package. The undersgned afso ppntent3 to e+atry upon the subject praperty by e+mployees of the ?
Depu4ment of Planning 4a phata}raph and view the srte ftx Ewrppses of prbcessing and e+rahuwting
Mi5 appli:stion
? e??,. ????_ .'- e-?•.,?..?_cs?._
IicBnt's Signatlure
-' (,/?-di hiF?ermst
?' Pro erty Owners ?uign?te?*e ii# Usan 8DPlieant)
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RriM Name
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Prmt Matrte
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DISCLOSURE STATEMENT
COASTAL BUILDING GROUP, L.L.C.
Agenda Item D2
Page 23
Item D-2
Coastal Building Group
Alternative Compliance
520 215Y Street
District 6
Beach
August 13, 2014
CONSENT
An application of Coastal Building Group for a Special Exception for Alternative Compliance to
the Oceanfront Resort District Form-Based Code on property located at 520 21ST Street, District
6, Beach. GPIN: 2417-98-7080; 2417-98-8034.
CONDITIONS
1. With the exception of any modifications required by any of these conditions or as a result of
development site plan review, the layout of the site shall be substantially as shown on the
site plan entitled "CONCEPT PLAN, LOTS 20, 22, 24, BLOCK 45" dated May 28, 2014 as
prepared by Gallup Surveyors and Engineers, LTD,. Said drawing has been exhibited to the
City Council and is on file in the Department of Planning.
2. With the exception of any modifications required by any of these conditions or as a result of
reviews under the International Building Code, the dwellings on the site shall be
substantially as shown on the drawings entitled "LPS-1837" dated 6/12/2014, "LPS-2313"
dated 6/12/2014, and "LPS-2313 Alt. ELEVATIONS" dated 7/17/2014, as drawn by J
Bengtson. Said drawings have been exhibited to the City Council and are on file in the
Department of Planning.
3. At the time of installation and at any time of maintenance or replacement, the landscaping,
fencing, pavers, and use of trellises, shall substantially be as shown on the submitted
landscape plan titled, "LANDSCAPE PLAN LOTS 20, 22, 24" and dated 7/31/2014. Said
drawing has been exhibited to the City Council and is on file in the Department of Planning.
4. A subdivision plat shall be submitted to the Planning Department / Development Services
Center for approval. Said subdivision plat shall show the removal of the existing interior lot
line and the dedication of 2.5 feet along the southern lot line to the City of Virginia Beach.
5. The applicant shall make all proposed right-of-way improvements as required for 21st
Street and 20th % Street as further required by Public Works / Traffic Engineering and
Planning / Development Services Center as part of development site plan review.
6. The existing curb-cut / driveway access located on 21st Street shall be removed.
7. The portions of the driveways called out as "PROPOSED PAVER DRIVEWAY," as well as the
patios, shall be constructed of permeable pavers. The driveway runners may be paved.
Item D-2
Coastal Building Group
Page 2
8. All landscaping must be maintained in good health. All landscape that fails to grow or is
determined to be in poor health shall be replaced with a similar type of plant that conforms
to the landscaping depicted on the plans referenced by Condition 3. All replacement
landscaping shall be approved by the City Landscape Architect for consistency with the
conditioned plan.
9. All mechanical equipment, including but not limited to HVAC units, shall be screened year-
round by landscaping or fencing. Screening shall, at a minimum, be the height of the
equipment.
A motion was made by Commission Hodgson and seconded by Commissioner Horsley to
approve item D-2.
AYE 11
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUS50 AYE
THORNTON AYE
WEINER AYE
NAY 0 ABS 0 ABSENT 0
By a vote of 11-0, the Commission approved item D-2 by consent.
Eddie Bourdon appeared before for the Commission on behalf of the applicant.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CAROLYN LATIOLAIS (Applicant) / NORTHAMPTON BUSINESS CENTER
ASSOCIATES (Owner), Conditional Use Permit (Truck and Trailer Rentals).
1209 Baker Road, Suite 504 (GPIN 1458999842). COUNCIL DISTRICT -
BAYSIDE.
MEETING DATE: September 16, 2014
¦ Background:
The applicant is requesting a Conditional Use Permit for Motor Vehicle Sales and
Rentals to operate a U-Haul truck and trailer rental service in a business center
located on Northampton Boulevard at its intersection with Baker Road. The
applicant had been operating the business without the required Use Permit.
Upon notification of the violation, the applicant submitted this request for a Use
Permit.
¦ Considerations:
The business center consists of 5 one-story buildings that contain a total of 50
suites with a variety of offices, shops, and restaurants. U-Haul trucks and
equipment were being stored immediately to the west of Building 4(see site plan
on page 7 of the attached staff report) and in a row of parking stalls abutting the
public right-of-way on Baker Road. Staff worked with the applicant to designate a
location on the site that meets the requirements of the Zoning Ordinance. The
storage and display location is now limited to the `Designated Parking Area,'
which is shown on Map 2 located on page 9 of the attached staff report.
Further details pertaining to the applicant's truck and trailer rental operation, as
well as Staff's evaluation of the request, are provided in the attached staff report.
With the addition of the conditions below, the applicant's operation meets the
standards for truck and trailer rentals, which are provided in Section 242.2 of the
City Zoning Ordinance.
There was no opposition to the request.
¦ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0, to recommend approval of this request to the
City Council with the following conditions:
1. There shall be no more than a total of five (5) vehicles (including trailers)
CAROLYN LATIOLAIS
Page 2 of 2
on the site. The storage and display location shall be limited to the
`Designated Parking Area' as shown on Map 2 on page 9 of this report.
2. No vehicles shall be parked within any portion of the public right-of-way,
and furthermore, no vehicle shall be parked within ten (10) feet of the
public right-of-way on Baker Road or Northampton Blvd.
3. Vehicles and equipment that are too large to fit in a parking stall shall be
parked perpendicular to as many parking stalls as necessary in the far
northwest corner of the parking lot.
4. No repair, washing, or detailing of vehicles or equipment shall be
permitted on the site, and no outside storage of parts, or wrecked or
inoperative vehicles is permitted.
5. All signage on the site shall conform to the requirements of the City
Zoning Ordinance.
6. This Use Permit is for the rental of trucks and trailers only. Sale of trucks,
trailers, or other vehicles shall not be permitted on the site.
7. Based on a finding that the nature of the strip center precludes the use of
a fenced and landscaped area for a storage area, as required by Section
242.2(d) of the City Zoning Ordinance, as well as a finding that the lack of
the required type of screening will have no significant detrimental effect on
properties surrounding the subject site, a deviation from said requirement
is allowed such that vehicles are stored consistent with the conditions of
this Use Permit.
¦ 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
City Manage • ?.,? bY? ?
BAYEIDE
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1
August 13, 2014 Public Hearing
APPLICANT:
CAROLYN
LATIOLAIS
PROPERTY OWNER:
NORTHAMPTON
BUSINESS
CENTER
ASSOCIATES
STAFF PLANNER: Graham Owen
REQUEST:
Conditional Use Permit (Truck and Trailer Rentals)
ADDRESS / DESCRIPTION: 1209 Baker Road, Suite 504
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
1458999842000 BAYSIDE 179,467.20 square Less than 65 dB DNL
feet (4.12 acres)
BACKGROUND / DETAILS OF PROPOSAL
Backqround
The applicant is requesting a Conditional Use Permit (CUP) for Motor Vehicle Sales and Rentals to
operate a U-Haul truck and trailer rental service in a business center on Northampton Boulevard. An
anonymous complaint was registered with the Zoning Office, because the rental service was operating
without the required CUP. Upon notification of the violation, the applicant submitted this request for a
CUP in order to bring the service into conformance with the requirements of the B-2 Community Business
District.
Details
The U-Haul office is located in a business center that encompasses four parcels at the northwest corner
of Northampton Boulevard and Baker Road. The subject parcel is 179,467 square feet in area, and
constitutes approximately 45 percent of the business center's total area. The suite containing the U-Haul
office is approximately 990 square feet.
CAROYLN LATIOLAIS
Agenda Item 1
Page 1
The business center consists of 5 strip-style, one-story buildings that contain a total of 50 suites housing
a variety of offices, shops, and restaurants. An outparcel on the corner of Northampton Boulevard and
Baker Road is also located in the center, and currently contains a fast-food restaurant. Vehicles enter
and exit the site via four curb cuts on Baker Road and two curb cuts on Northampton Boulevard.
Discussions with the property owner confirmed that existing parking on-site is sufficient to meet the needs
of the applicant as well as the other business center tenants and customers.
U-Haul trucks and equipment are currently stored immediately to the west of Building 4(see site plan,
page 7) and in a row of parking stalls abutting the public right-of-way on Baker Road. Vehicles may be
returned to the site 24 hours a day and keys are dropped in a key box at the office suite outside of
scheduled business hours. The applicant is not proposing any new construction on the site at this time.
The applicant operates the rental service seven days a week on the following schedule:
Monday - Saturday: 8am - 5pm
Sunday: 11 am - 3pm
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Commerical business center / B-2 Community Business District
SURROUNDING LAND North: . Manufactured home park (Colonial Run) / A-12
USE AND ZONING: Apartment District
• Pond
South: . Commercial strip development / B-2 Business District
• Northampton Boulevard
East: . Warehouses / I-1 Light Industrial District
• Commercial development / B-2 Business District
• Baker Road
West: . Truck plaza / I-1 Light Industrial & B-2 Business District
NATURAL RESOURCE AND The site is developed as a business and shopping center, and
CULTURAL FEATURES: contains a stormwater detention basin in the western portion of the
parcel. A large pond for stormwater detention is located in the
parcel adjacent to the northern and western property lines of the
business center. The site is located in the Chesapeake Bay
Watershed. There do not appear to be any cultural features on
the site.
COMPREHENSIVE AND SGA PLAN: This property is located in the Burton Station Strategic Growth
Area as identified by the Comprehensive Plan and the Northampton Boulevard Corridor SGA
Implementation Plan (also known as the Burton Station SGA Plan), which was adopted on January 27,
2009.
The Burton Station SGA Plan identifies this site within the Northampton-Diamond Springs portion of the
CAROYLN LATIOLAIS
Agenda Item 1
Page 2
Burton Station SGA. The plan calls for new commercial and flex use buildings to face the two primary
roads as well as secondary roads servicing the interior of this study area. The plan also calls for a new
hotel and apartments in this area. New connections for vehicles and pedestrians are encouraged to link
the primary locations in the Burton Station SGA and tie in to the commercial corridors (p. 26).
The proposed conditional use permit for truck and trailer rentals is somewhat consistent with the long
range vision for this area of the Burton Station SGA. Although the existing building configuration and
road layout does not match the vision that will have to wait until the site is redeveloped. In the interim,
the proposed use can be considered a compatible flex use if the number and location of vehicles is
conditioned to limit the size, number, and visibility of the rental vehicles.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP):
Northampton 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 190 foot right-of-way.
Currently, this segment of roadway is functioning over-capacity at a Level of Service E.
Baker Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial.
This section of Baker Rd is not included in the Master Transportation Plan. Currently, this segment of
roadway is functioning under capacity at a Level of Service C or better.
No Roadway Capital Improvement Program projects are slated for this area.
TRAFFIC:
Street Name Present
Volume
Present Capacity
Generated Traffic
Northampton Blvd 63,658 ADT 34,940 ADT (Level of
Service "C")
64,260 ADT' (Level of Existing Land Use 2-
Service "E" 80 ADT
Baker Rd 6,489 ADT 13,600 ADT (Level of Proposed Land Use 3
Service "C") - 32 ADT
16,200 ADT' (Level of
Service "E"
Average Daily Trips
2 as defined by retail
3
as defined b truck & trailer rentals - 1 em lo ee
WATER: This site is already connected to City water.
SEWER: This site is already connected to City sanitary sewer.
CAROYLN LATIOLAIS
Agenda Item 1
Page 3
EVALUATION AND RECOMMENDATION
Citv Zoninq Ordinance - Section 220 - Purpose of Conditional Use Permits
It shall be the duty of the City Council under the provisions of this article to evaluate the impact and the compatibility
of each [conditional] use, and to stipulate such conditions and restrictions including those specifically contained
herein as will assure the use being compatible with the neighborhood in which it is located, both in terms of existing
land uses and conditions and in terms of development proposed or permitted by right in the area; or where that
cannot be accomplished, to deny the use as not being in accordance with the adopted Comprehensive Plan or as
being incompatible with the surrounding neighborhood.
Section 242.2 of the City Zoning Ordinance (CZO) provides the following Specific Standards for truck and
trailer (motor vehicle) rentals:
a. The minimum lot size shall be twenty thousand (20,000) square feet.
b. Trucks and trailers for rental shall be displayed in an area designated on a site plan submitted
with the application for a conditional use permit, no more than three (3) trucks or trailers for rent
shall be displayed and no truck or trailer shall be displayed within the first ten (10) feet of any
front or side yard abutting the right-of-way line of a street to be measured from the property line to
any displayed truck or trailer on the premises.
c. All lighting shall be directed toward the interior of the site and away from adjoining properties.
d. Trucks or trailers for rental which are not being displayed as provided for in (b) above shall be
located within a building or in a designated area located behind the nearest portion of a building
adjacent to a public street. The designated area shall be screened, except for necessary opening
for ingress and egress, from any public right-of-way or adjoining residential or apartment zoning
district within one hundred (100) feet of the designated area by a fence not less than six (6) feet
in height and Category Vl landscaping.
This Conditional Use Permit request is generally consistent with these requirements and with the
Comprehensive Plan and Burton Station SGA Implementation Plan's land use policies. The truck and
trailer rental service is complementary to the surrounding commercial, office, and industrial uses in the
neighborhood, and existing vegetation and fencing on the northern property line adequately screens the
business center from the adjacent Colonial Run manufactured home park. Furthermore, the placement of
the designated parking area in the far northwest corner of the lot provides a visual and auditory buffer
between the service and Colonial Run. While this screening is not consistent with the requirement of
Section 242.2(d), staff finds that it is sufficient and meets the intent of the requirement. Based on this,
staff recommends use of Section 221(i) of the CZO to allow the applicant to deviate from the requirement.
Section 221(i) states the following:
The City Council may, for good cause shown and upon a finding that there will be no significant
detrimental effects on surrounding properties, allow reasonable deviations from the following
requirements otherwise applicable to the proposed development:
(1) Required setbacks;
(2) Required landscaping;
CAROYLN LATIOLAIS
Agenda Item 1
Page 4
(3) Height restrictions, except as provided in Section 202(b); and
(4) Minimum lot area requirements.
Staff finds that the nature of the strip center precludes the use of a fenced and landscaped area for such
a storage area, and the lack of the required type of screening will have no significant detrimental effect on
properties surrounding the subject site. As noted above, the proposed location for vehicles that are not on
display is well-screened by the buildings located within the center.
Staff recommends approval of this request with the conditions below.
CONDITIONS
1. There shall be no more than a total of five (5) vehicles (including trailers) on the site. The
storage and display location shall be limited to the `Designated Parking Area' as shown on Map
2 on page 9 of this report.
2. No vehicles shall be parked within any portion of the public right-of-way, and furthermore, no
vehicle shall be parked within ten (10) feet of the public right-of-way on Baker Road or
Northampton Blvd.
3. Vehicles and equipment that are too large to fit in a parking stall shall be parked perpendicular to
as many parking stalls as necessary in the far northwest corner of the parking lot.
4. No repair, washing, or detailing of vehicles or equipment shall be permitted on the site, and no
outside storage of parts, or wrecked or inoperative vehicles is permitted.
5. All signage on the site shall conform to the requirements of the City Zoning Ordinance.
6. This Use Permit is for the rental of trucks and trailers only. Sale of trucks, trailers, or other
vehicles shall not be permitted on the site.
7. Based on a finding that the nature of the strip center precludes the use of a fenced and
landscaped area for a storage area, as required by Section 242.2(d) of the City Zoning
Ordinance, as well as a finding that the lack of the required type of screening will have no
significant detrimental effect on properties surrounding the subject site, a deviation from said
requirement is allowed such that vehicles are stored consistent with the conditions of this Use
Perm it.
CAROYLN LATIOLAIS
Agenda Item 1
Page 5
NOTE: Further conditions may be required during the administration of applicab/e City
Ordinances and Standards. Any site p/an submiffed with fhis application may require revision
during detailed site p/an review to meet all applicab/e City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of P/anning /
Deve/opment Services Center and Department of P/anning / Permits and Inspections Division,
and the issuance of a Certifcate of Occupancy, are required before any uses allowed by this Use
Permit are valid.
The applicant is encouraged to contact and work with the Crime Prevention Ofrice within the
Police Department for crime prevention techniques and Crime Prevention Through
Environmenta/ Design (CPTED) concepts and strategies as they pertain to this site.
CAROYLiV LATIOLi41S
Agenda Item 1
Page 6
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4genda Item 1
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Page 10
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ZONING HISTORY
# DATE REQUEST ACTION
1 02/25/2014 Modification of Use Permit (Service station and car wash) Approved
2 02/12/2013 Conditional Use Permit (Mini warehouse and self-storage) A roved
3 11/22/2011 Conditional Change of Zonin (B-2 & I-1 to Conditional A-18) A roved
4 09/26/2006 Conditional Use Permit (Car Wash A roved
5 07/12/2005 Conditional Use Permit (Gas station with convenience store) A roved
6 05/24/2005 Conditional Chan e of Zonin (Conditional I-1 to Conditional B-2 A proved
7 01/25/2005 Conditional Change of Zoning (0-2 to Conditional I-1)
Conditional Use Permit (Hotel/Motel Approved
8 02/13/2001 Conditional Change of Zoning (B-2, 0-2 & I-1 to Conditional I-2)
Conditional Use Permit Hotel/Motel Approved
9 06/27/2000 Conditional Use Permit Gas station with convenience store Approved
10 1/26/1999 Conditional Use Permit Automobile service station A roved
11 12/08/1998 Conditional Use Permit (Automobile repair ara e A roved
12 01/14/1997 Conditional Chan e of Zonin B-2 to Conditional I-1 A proved
.N LATIOLAIS
Agenda Item 1 'i
Page 11
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U-Haul Office (Suite 503)
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Agenda Item 1
Page 12 ?
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Current parking conditions (in and adjacent to public right-of-way)
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Agenda Item 1
Page 13
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Current parking conditions (screened by building from public right-of-way and
adjacent apartment district)
Staff's recommended Designated Parking Area
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ATIOLAIS
nda Item 1 ?
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Page 15 °
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Staff's recommended Designated Parking Area
CAROYLN LATIOLAIS
Agenda Item 1
Page 16
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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 all officers, members, trustees,
partners, e#c. below: (Attach list if necessary)
C'h, MLu n ??, f: ia.?? s
.
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach lisf if necessary)
F] Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation ?? 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: (Attach list if necessary)
1?a2'mtJ AosS.••FSS Ge0F2 4Sscd,aTE5
I?A?NF?I -a, WP CJ N ch L"'1' Fw rr:, W?PA/L?NF-,e.5 1AlILm f?l P4??fp
2. List all businesses that have a parent-subsidiary' or affliated 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.
8 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 Li I
If yes, what is the name of the official or employee and the nature of their interest?
DISCLOSURE STATEMENT
CAROYLN LATIOLAIS
Agenda Item 1
Page 17
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect
to the requested property use, inciuding but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal
services: (Attach list if necessary)
'"Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code § 2.2-3101.
2"Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controAing ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or 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 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.
CERTlFICATION: I certify that the information contained herein is true and accurate.
1 understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application,
n ' O q??,? i 5
ApplicanY ure _ Print Name
Ao? ?i ?? ?1 ? 1't fl C C
Ofo erty Owner's Signature (if diffe ent than applicant) Print Name
DISCLOSURE STATEMENT
CAROYLN LATIOLAIS
Agenda Item 1
Page 18
Item #1
Carolyn Latiolais
Conditional Use Permit
1209 Baker Road, Suite 504
District 4
Bayside
August 13, 2014
CONSENT
An application of Carolyn Latiolais for a Conditional Use Permit (Truck and Trailer Rentals) on
property located at 1209 Baker Road, Suite 504, District 4, Bayside. GPIN: 1458999842000.
CONDITIONS
1. There shall be no more than a total of five (5) vehicles (including trailers) on the site. The
storage and display location shall be limited to the 'Designated Parking Area' as shown on
Map 2 on page 9 of this report.
2. No vehicles shall be parked within any portion of the public right-of-way, and furthermore,
no vehicle shall be parked within ten (10) feet of the public right-of-way on Baker Road or
Northampton Blvd.
3. Vehicles and equipment that are too large to fit in a parking stall shall be parked
perpendicular to as many parking stalls as necessary in the far northwest corner of the
parking lot.
4. No repair, washing, or detailing of vehicles or equipment shall be permitted on the site, and
no outside storage of parts, or wrecked or inoperative vehicles is permitted.
5. All signage on the site shall conform to the requirements of the City Zoning Ordinance.
This Use Permit is for the rental of trucks and trailers only. Sale of trucks, trailers, or other
vehicles shall not be permitted on the site.
7. Based on a finding that the nature of the strip center precludes the use of a fenced and
landscaped area for a storage area, as required by Section 242.2(d) of the City Zoning
Ordinance, as well as a finding that the lack of the required type of screening will have no
significant detrimental effect on properties surrounding the subject site, a deviation from
said requirement is allowed such that vehicles are stored consistent with the conditions of
this Use Permit.
Item #1
Carolyn Latiolais
Page 2
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to
approve item 1.
AYE 11
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
NAY 0 ABS 0 ABSENT 1
By a vote of 11-0, the Commission approved item 1 by consent.
The applicant Carolyn Latiolais appeared before the Commission.
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CITY OF VIRGINIA BEACH
AGENDA ITEM .
ITEM: 30 WEST PERSHING, LLC (Applicant) / 58TH STREET WAREHOUSE, LLC
(Owner), Conditional Use Permit (Outdoor Recreation Facility). Site is
located between Greenwich Road and south side of I-264, approximately
1,350 feet east of Business Park Drive (GPIN 1464445974). COUNCIL
DISTRICT - KEMPSVILLE.
MEETING DATE: September 16, 2014
¦ Background:
The applicant requests a Conditional Use Permit to allow development of the site
for an indoor-outdoor recreational golf and entertainment facility that operates
under the name TopGolf. The site is zoned I-1 Light Industrial, and a Use Permit
is required in the I-1 District for `Recreational Facilities of an Outdoor Nature.'
¦ Considerations:
The applicant's proposed development consists of a recreation component and
an entertainment component that are a unique combination of the following:
• Driving-range golf, either as a competitive team game experience or as a
personal game experience);
• Dining (informal and formal);
• Meeting facilities appropriate to corporate retreats and special events; and
• Entertainment (music, indoor games, viewing of televised sports events,
etc. ).
The game experience consists of driving a golf ball from one of 34 indoor
stations, or `bays,' located on one of three building levels (102 total stations)
toward a field with a length of approximately 220 yards. The field contains
`dartboard-like' targets situated at ground-level. The closer to the center of a
target and the farther the ball is hit, the more points the player earns. Every
aspect of the game and the facility utilizes computer technology to control the
game and the environment, and the scoring of the game is dependent on the
technology. Each indoor station has a touch-screen console that displays the
scores, controls the station, and provides the opportunity to order food and drink
(which is delivered to the station by staff). The golf ball contains a microchip that
is `registered' to each individual player. Each section of every target has a
`reader' that detects the microchip within the player's golf ball. The `reader'
computes the score based on the accuracy and distance of the shot, and then
sends the score to the screen at the player's station.
30 WEST PERSHING
Page 2 of 3
Further details pertaining to the applicant's operation, site and building plan, as
well as Staff's evaluation of the request, are provided in the attached staff report.
There was no opposition to the request.
¦ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 9-0-2, to recommend approval of this request to the
City Council with the following conditions:
With the exception of any modifications required by any of these
conditions or as a result of development site plan review, the site shall
be developed substantially in conformance with the submitted plan
entitled "Conceptual Site Plan, TopGolf - Virginia Beach," prepared by
ARCO Murray Design Build I Manhard Consulting, Ltd., and WPL,
dated June 2, 2014.
2. With the exception of any modifications required by any of these
conditions or as a result of review of the building plans, the structure
on the site shall be substantially in conformance with the design and
the exterior materials shown on the submitted elevation plans entitled
"Exterior Elevations 1, 2, and 3, TopGolf, Virginia Beach, VA,"
prepared by Aria Group Architects, Inc., dated 5-30-2014.
3. The site identification sign shall be located as shown on the plan
referenced in Condition 1 and shall be in conformance with the design
shown on the submitted plan entitled "Conceptual Monument Sign,
TopGolf, Virginia Beach, VA," prepared by Aria Group Architects, Inc.,
dated 6-9-2014.
4. There shall be one building identification sign and said sign shall be in
substantial conformance with that shown on the front building elevation
referenced in Condition 2. Said sign shall consist of individual backlit
letters.
5. The height of the field netting along the northern side of the driving
range field shall be increased in height to at least 170 feet.
6. The "Color Changing LED Washing Metal Mesh" installed on the
exterior of the building shall be designed such that the colors displayed
on the mesh change in a slow `wash.'
7. Live amplified music performed outdoors shall not occur after 10:00
p.m., Sunday through Thursday, and after 12:00 a.m. (midnight),
30 WEST PERSHING
Page 3 of 3
Friday and Saturday.
¦ 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 Department/Agency: Planning Department
City Manager:
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August 13, 2014 Public Hearing
APPLICANT:
30 WEST PERSHING,
L.L.C.
PPERTY OWNER:
58TH STREET
WAREHOUSE, L.L.C.
STAFF PLANNER: Stephen J. White
REQUEST:
Conditional Use Permit (Outdoor Recreation)
ADDRESS / DESCRIPTION: Between I-264 and Greenwich Road, approximately 1,350 feet east of
Business Park Drive
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
1467445974 KEMPSVILLE Total Site Area ±17 acres Less than 65 dB
Use Permit Area ±12 acres DNL
BACKGROUND / DETAILS OF PROPOSAL
Backqround
The applicant requests a Conditional Use Permit to allow development of the site for an indoor-outdoor
recreational golf and entertainment facility that operates under the name TopGolf. The site is zoned I-1
Light Industrial, and a Use Permit is required in the I-1 District for'Recreational Facilities of an Outdoor
Nature.'
The current Industrial zoning of the site derives from a comprehensive rezoning initiated by the City
Council in October 1968. The subject parcel and the parcels on the north and south side of this segment
of Greenwich Road between I-264 and the former Norfolk Southern right-of-way were rezoned to MI-3
(now I-1). This zoning change occurred concurrent with the acquisition of the right-of-way needed to
construct Greenwich Road in 1967, which was the same year that the Virginia Beach-Norfolk Expressway
(now I-264) opened to traffic. The intent of these combined actions was to provide development
opportunities for light industrial and office uses that desired immediate access to the expressway, which
was available via the Witchduck Road and Newtown Road interchanges. In the following years, the area
developed with a mix of light industrial and office uses. The subject site is part of what were originally five
parcels under single ownership. Three of the parcels were north of Greenwich Road, and were combined
TOPGOLF, LLC
Agenda Item 5
Page 1
in 1986, creating the subject parcel. Two of the parcels were south of Greenwich Road. One parcel is the
site of the Virginian-PiloYs newspaper printing and distribution center. The other parcel was sold in 2008
and was subsequently rezoned in 2011 to A-36 Apartment for the development of 224 apartment units.
Details
The applicant's proposed development consists of a recreation component and an entertainment
component that are a unique combination of the following:
• Driving-range golf, either as a competitive team game experience or as a personal game
experience);
• Dining (informal and formal);
• Meeting facilities appropriate to corporate retreats and special events; and
• Entertainment (music, indoor games, viewing of televised sports events, etc.).
The game experience consists of driving a golf ball from one of 34 indoor stations, or'bays,' located on
one of three building levels (102 total stations) toward a field with a length of approximately 220 yards.
The field contains 'dartboard-like' targets situated at ground-level. The closer to the center of a target and
the farther the ball is hit, the more points the player earns. Every aspect of the game and the facility
utilizes computer technology to control the game and the environment, and the scoring of the game is
dependent on the technology. Each indoor station has a touch-screen console that displays the scores,
controls the station, and provides the opportunity to order food and drink (which is delivered to the station
by staff). The golf ball contains a microchip that is 'registered' to each individual player. Each section of
every target has a'reader' that detects the microchip within the player's golf ball. The `reader' computes
the score based on the accuracy and distance of the shot and then sends the score to the screen at the
player's station.
Each station (or driving bay) is reminiscent
of a bowling alley play area with seating
and dining tables. The stations are climate-
controlled through a unique combination of
heating and cooling methods that permits
game play throughout the year. Each
station has a high-level of lighting to provide
good visibility of the tee and to ensure the
outside edge of the floor level is clearly
visible. To provide additional safety, capture
netting extends outward from the edge of
the two upper floor levels. The facility also
has a set of safety rules that each customer
must obey (see page 14 for list of rules).
For example, purposeful attempts to drive a golf ball over the nets along the side and rear of the field will
result in the customer being directed out of the facility. Since the golf balis are 'registered' to each player
by the microchip installed in the ball, staff can match `erranY balls to the player.
Site Lavout
• The south and west sides of the subject site consist of the vehicle parking and maneuvering area.
The service and delivery area is located at the northern end of the building; the parking lot drive aisles
have been designed to accommodate the maneuvering clearances needed by service and delivery
vehicles.
• The main customer entrance to the building is located on its western side, where a double-lane drop-
off area is located.
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Agenda Item 5 ?
Page 2 '
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• Vehicular access to the parking lot is provided at two locations on Greenwich Road, one at each end
of the site.
• The building is oriented north to south, separating the parking lot and the driving range field. The
orientation of the building results in the stations being located on the east side of the building and the
driving range field being oriented west to east.
• The field is surrounded by strong, fine-mesh netting secured to netting posts that the submitted site
plan shows at a height of 90 feet adjacent to the building and then quickly transitioning upward to 150
feet along the sides and rear of the field.
• The surface of the driving range field is artificial turf of two consistencies - one for the fairway and
one for the rough. The field has
varying ground elevations intended
to make the game more challenging.
• The field is lit by a series of
floodlights installed on the edge of
the roof parapet (55 feet high). The
lights are directed downward and
angled toward the field, preventing
glare and excessive light spillover
outside the facility. Due to the
outdoor character of the facility and
the lighting associated with it, the
Wrr_
applicant submitted a photometric iilgic
plan, which was routed to the City's
lighting specialist in the Police
Department. The plan was reviewed
8nd fOUIICj 8CC@ptabl@. Exterior of a TopGoH facility that is similar to (bu[ not the same as) the exterior proposed
for the Virginia Beach facility
Buildinq Desiqn
• As noted previously in this report, the building consists of three levels, and the maximum height of the
building is 55 feet.
• The eastern side of the building, which is the tocation of the tee stations, is open to the outside.
• The western side of the building, which provides customer access to the facility, has a modern
contemporary style consistent with the 'high-tech' character and function of the interior.
• The design of the farade produces a high level of visual interest through use of intersecting wall
planes, box and rectangular shapes, :
and angles created through the use
of varying materials, colors, and ?
lighting. , - _
• Exterior materials include a clear-
glass curtain wall system, stone-
faced panels, Exterior Insulating ?ar?
Finish System (EIFS), and wood
panels. The exterior also features
two areas of inetal mesh with a LED
light system that changes color in a
slow `wash' process.
• The northern end of the building has
an outdoor patio area that provides
seating, tables, and casual eating
and drinking. Recorded music is
played in the patio area, and live music events occur periodically as well.
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LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Undeveloped field.
SURROUNDING LAND North: . Interstate Highway 264
USE AND ZONING: . Lake (former borrow pit for I-264 fill) / 0-2 Office District
• Undeveloped site / I-1 Light Industrial District
South: . Greenwich Road
• Manufacturing and Processing Facilities /-1 Light
Industrial District
• Multi-family dwellings / Conditional A-36 Apartment
District
East: . Interstate Highway 264
• Future 2.04-acre parcel (undeveloped) / I-1 Light
Industrial District
West: . Lake (former borrow pit for I-264 fill) / I-1 Light Industrial
District
NATURAL RESOURCE AND The eastern portion of the site consists of low vegetation
CULTURAL FEATURES: commonly associated with a previously disturbed field (prior to the
1960s, the site was used for pasture and crop cultivation). The
western 150 feet of the site consists of trees and associated
vegetation. A stormwater drainage ditch serving I-264 is located
adjacent to the northern lot line. As noted above, similar to much
of the city, the site was previously a farm, and farm-related
structures were located on the site; however, there are no known
significant cultural / historical features associated with that use on
the site.
COMPREHENSIVE PLAN: The site is located at the eastern end of the Newtown Strategic Growth Area
(SGA) as identified by the 2009 Comprehensive Plan and the Newtown SGA Master Plan (adopted on
July 6, 2010). The subject site is located within the Plan's "Eastern Office Developments" area. The Plan
states this area is "an ideal setting for new office buildings or flex light industrial uses" and in particular,
the subject site is a"gateway site" ideally suited for "signature architecture" due to the high visibility
created by I-264 (p. 34).
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP):
Greenwich Road is designated as a two-lane undivided collector street. Currently, this segment of
roadway is functioning at its capacity (LOS D).
TOPGOLF, LLC
Agenda Item 5
Page 4
TRAFFIC:
Street Name Present
Volume
Present Capacity
Generated Traffic
Greenwich Road 6,900 ADT 6,200 ADT (Level of Existing Land Use -
(2013) Service "C") - 9,900 897 ADT
ADT' (Level of Service Proposed Land Use 3
"D" / ca acit - 2,690
Average Daily Trips
Z as defined by 12 acres of light-industrial land use
3 based on TIS for To Golf in Loudon Count
Comments from Public Works / Traffic Enqineerinq:
1. Traffic Engineering has determined that a Traffic Impact Study will not be required for this proposed
development based on the type of traffic and the location of the site.
2. Traffic Engineering has conceptually approved the proposed entrance locations as shown on the
Conceptual Site Plan dated June 2, 2014; however, as discussed with TopGolf and their design
consultant, a left-turn lane will be required on Greenwich Road at the western access point. This left-
turn lane may require some widening of Greenwich Road, but it may be possible to restripe the
roadway to accommodate the turn lane.
3. Traffic Engineering is concerned with the possibility of errant golf balls from the facility landing in
either Greenwich Road or I-264. The height of the netting must be worked out so that golf balls
cannot be hit into either of the roadways.
Comments from Public Works / Roadwav Transportation Division
1. VDOT has an active project to improve and widen eastbound I-264 from the I-64 interchange to the
Witchduck Road interchange. Based on VDOT highway plans dated 4/28/2011, the widening of I-
264 will impact this site along the northern property line.
2. As part of VDOT's eastbound I-264 improvements, Greenwich Road will be realigned such that it
crosses over to the north side of I-264 and connect with Cleveland Street. The relocated Greenwich
Road alignment will be built on the "Flyover Parcel" shown on the submitted site plan. At the time of
construction, VDOT may require a variable width temporary construction easement along the
western property line for the construction of the retaining wall of the flyover. The segment of
Greenwich Road adjacent to the subject site will intersect with the realigned Greenwich Road just
west of this site. After the completion of the proposed Greenwich Road relocation, intersection, and
flyover, the section of Greenwich Road adjacent to the subject site will be terminated by a cul-de-sac
just south of the former railroad right-of-way.
WATER: This site must connect to City water. There is no water line in Greenwich Road adjacent to the
site. There is, however, an existing 10-inch City water line that terminates near the southwestern corner
of the property adjacent to Greenwich Road, and there is an existing 12-inch City water line that
terminates near the southeastern corner of the property adjacent to Greenwich Road. There is a 30-inch
raw water transmission main along Greenwich Road to the east of the site that continues northward
within an easement on the eastern portion of the property (but outside the area of the development site).
SEWER: This site must connect to City sanitary sewer. There is an existing 8-inch City gravity sanitary
sewer line within Greenwich Road. Analysis of Pump Station #355 and the sanitary sewer collection
system is required to ensure future flows can be accommodated.
TOPGOLF,tLLC
?Agenda Item 5
Page 5
EVALUATION AND RECOMMENDATION
Citv Zoninq Ordinance - Section 220 - Purpose of Conditional Use Permifs
It shall be the duty of the City Council under the provisions of this article to evaluate the impact and the compatibility
of each [conditional] use, and to stipulate such conditions and restrictions including those specifically contained
herein as will assure the use being compatible with the neighborhood in which it is located, both in terms of existing
land uses and conditions and in terms of development proposed or permitted by right in the area; or where that
cannot be accomplished, to deny the use as not being in accordance with the adopted Comprehensive Plan or as
being incompatible with the surrounding neighborhood.
The applicant is requesting approval of a Conditional Use Permit for an Outdoor Recreational Facility.
The Use Permit is required to allow development of the subject site for an indoor-outdoor recreational golf
and entertainment facility that operates under the name TopGolf.
Staff reviewed the proposed development for the purpose of evaluating its impact and compatibility with
the surrounding area as well as its consistency with the policies and recommendations of the
Comprehensive Plan. The following issues were identified as those requiring a higher degree of
evaluation:
1. Consistency with the Comprehensive Plan, and in particular, the Newtown SGA Master Plan
(adopted on July 6, 2010);
2. The potential for'erranY golf balls to strike vehicles on Greenwich Road and I-264;
3. Stormwater management; and
4. The potential disturbance of residents at the apartments located to the southeast of the site due
to the activity and music from the outdoor patio.
With regard to the Comprehensive Plan, the site is located within the "Eastern Office Developments
Area," one of several key development initiative areas designated by the Newtown SGA Master Plan. The
Plan states this area is "an ideal setting for new office buildings or flex light industrial uses," and in
particular, the subject site is a"gateway site" ideally suited for "signature architecture" due to the high
visibility created by I-264 (p. 34). If strictly interpreted, the proposed use of the site would be considered
not consistent with the Newtown SGA Plan. Of note, however, is the fact that the recommendations of the
SGA Plan as adopted for this area were compromised when a large portion of the "Eastern Office
Developments Area" was recently rezoned for and developed with multi-family residential. The rezoning
of that site is an indication that there is limited market demand for the type of office development
envisioned by the SGA Plan at this time. Interestingly, however, there is potential for the applicanYs
facility to raise the awareness of the area's potential for high-end office development, due to the high-
quality character of the facility and the fact that the applicant markets to companies and corporations as
an excellent location for meetings and team-building events. The applicant has been very successful in
doing so in cities where other facilities are located. Thus, while not strictly consistent with the
recommendations of the SGA Plan, the proposed use could be a complement to and attract other
corporate office uses for the other areas in the Newtown and Pembroke SGAs designated for corporate
office development.
With regard to the potential for `erranY golf balls to strike vehicles on Greenwich Road and I-264, staff
finds that such potential is minimal based on the applicanYs experience at other facilities throughout the
nation. Additionally, the distance between the tee bays and either roadway is considerable. The distance
to Greenwich Road, due to the intervening parking lot, ranges from 130 yards to 300 yards, and that
distance is measured along a straight-line from the tee to the roadway. Of significance when considering
TOPGOLF, LLC
Agenda Item 5
Pade 6
the potential for balls reaching Greenwich Road is that the ball must first overcome the 150-foot high
netting. Only a limited number of golf players using the applicant's facility will have the ability to strike the
ball and achieve the height and distance required for the ball to reach Greenwich Road, even if the shot is
errant. With regard to I-264, the potential for golf balls to reach I-264, while still unlikely, has a greater
probability than that for Greenwich Road. In this instance, the straight-line distance from the tees to the
existing travel lanes of I-264 ranges from 90 yards to 250 yards. Again, the height of the net must be
overcome, but there is a higher potential, particularly when an additional lane is added to eastbound I-264
in the future, as discussed in the Traffic section of this report. To address this potential, the applicant has
proposed an increase of the netting on the I-264 side of the driving range field to 165 feet. Staff has
included that increased height as one of the recommended conditions provided below.
With regard to managing the stormwater flow on and from the site, the submitted plan does not show any
accommodation for managing stormwater. Staff's discussions with the applicant reveal that the applicant
is pursuing a design consisting of initial on-site control methods with discharge into a drainage ditch that
crosses the extreme northwest corner of the subject site and then flows into the lake on the western side
of the site. That drainage ditch is part of the stormwater management system for I-264, and the majority
of that ditch is located within the I-264 right-of-way. The applicant has and continues to discuss with
VDOT the proposed connection to that drainage system, and the proposal has been positively received;
however, final approval will require review by several other state agencies. Since the drainage ditch
crosses the subject site at a point on the site where the submitted plan shows parking spaces will be
located, it is probable that the applicant will need to pipe that section of the drainage system and provide
VDOT with an access and maintenance easement. That issue will be addressed during construction site
plan review.
With regard to the potential for sound emanating from the patio area impacting the residential community
to the southeast of the site, staff finds that such potential is minimal. The patio area is located on the
northern side of the building adjacent to I-264, a distance of approximately one-quarter mile to the closest
of the apartment buildings. The applicant has, however, agreed to limit the hours during which music will
be allowed on the patio area, which will further reduce the potential for any negative impact. Staff has
included that limitation as one of the recommended conditions provided below.
Based on staff's evaluation of the applicant's proposed use, including the findings and recommended
actions related to the issues identified above, staff recommends approval of this request with the following
conditions.
CONDITIONS
1. With the exception of any modifications required by any of these conditions or as a result of
development site plan review, the site shall be developed substantially in conformance with the
submitted plan entitled "Conceptual Site Plan, TopGolf - Virginia Beach," prepared by ARCO
Murray Design Build I Manhard Consulting, Ltd., and WPL, dated June 2, 2014.
2. With the exception of any modifications required by any of these conditions or as a result of
review of the building plans, the structure on the site shall be substantially in conformance with
the design and the exterior materials shown on the submitted elevation plans entitled "Exterior
Elevations 1, 2, and 3, TopGolf, Virginia Beach, VA," prepared by Aria Group Architects, Inc.,
dated 5-30-2014.
TOPGOLF, LLC
Agenda Item 5
Page 7
3. The site identification sign shall be located as shown on the plan referenced in Condition 1 and
shall be in conformance with the design shown on the submitted plan entitled "Conceptual
Monument Sign, TopGolf, Virginia Beach, VA," prepared by Aria Group Architects, Inc., dated 6-
9-2014.
4. There shall be one building identification sign and said sign shall be in substantial conformance
with that shown on the front building elevation referenced in Condition 2. Said sign shall consist
of individual backlit letters.
5. The height of the field netting along the northern side of the driving range field shall be increased
in height to at least 170 feet.
6. The "Color Changing LED Washing Metal Mesh" installed on the exterior of the building shall be
designed such that the colors displayed on the mesh change in a slow 'wash' that requires at
least one minute to transform from one color to another.
7. Live amplified music performed outdoors shall not occur after 10:00 p.m., Sunday through
Thursday, and after 12:00 a.m. (midnight), Friday and Saturday.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site plan submitted with this application may require revision
during detailed site plan review to meet all applicab/e City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of 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.
TOPGOLF,;LLC
Agenda Item 5
Page 8
AERIAL OF SITE LOCATION
TOPGOLF, LLC ?
Agenda Item 5 ?
Page 9
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Agenda Item 5 I
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TOPGOLF, LLC r? il
Agenda Item 5 ; Page 11 E'
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SIDES OF BUILDING
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PROPOSED MONUMENT SIGN
(Condition 3)
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?F cue Nat?e
At Topgoif, everyone's safety is very important. Combining a few laughs, great food, and hours of Topgolf can
create some epic memories. So for ail Aarties involved, and v+e do mean parties, piease foliow these safeiy rules:
0 Obey all verbai and posted rules and mstructions. Use common sense to protect yourself and others.
0 A31 players must hit from the mat at ail times. No runniny starts (we all loved that movie too...)
0 Only the person hitting a ball should stand beyond the red line. Aii other players should stand behind the red tine
at a!I times. Players are responsible for the safety of others around ihem and should always check the+r
surroundings bFfore swinging a club.
? Aim for the taryets at all thnes - how eise are you yoing to score? Hitting gotf balls over the boundary netting is
prohibitad, and all piayers are responsibte for damages or injuries caused by any balls hit outside of the premises.
(TOpGoif balis report back to us when they've lost their way outside our nets...)
O Throwing golf balls is proh+bited.
0 Guests under 14 should be supervised by an adult when playing.
0 Players must stay behind the yellow line at all times. Please take extra care when playing from upstalrs bays.
0 Topgolf is about having fun, let's keep st that way, and Let's Play.
SAFETY RULES (Top)
PHOTO OF TYPICAL TEE STATIONS (Bottom)
*1
Page 14
OUR
PHOTO OF CASUAL DINING & GAME AREA (Top)
PHOTO OF FORMAL DINING & MEETING AREA (Bottom)
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ZONING HISTORY
# DATE REQUEST ACTION
1 07/03/12 Street Closure Approved
11/14/83 Street Closure Denied
07/02/91 Street Closure Denied
2 10/23/01 Conditional Use Permit (motor vehicle sales) Approved
10/24/06 Modification of Conditions Approved
10/24/06 Zoning Change (R-7.5 to Conditional B-2) Approved
05/23/88 Conditional Use Permit (auto sales and repair) Approved
05/25/93 Conditional Use Permit (parking and storage in connection with sales Approved
and re air of motor vehicles
3 01/11/05 Zonin Chan e(R-7.5 to conditional B-2 Approved
4 06/24/08 Modification of Conditions Ap roved
5 09/11/07 Conditional Use Permit (Motor Vehicle Repair Ap roved
6 03/08/11 Zoning Change (I-1 to Conditional A-36) A proved
1,A_ BEAC?.
Agenda Item 5
Page 16
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APPLICANT DISCLOSURE
If the applicant is a corpvration, partnership, firm, business, or other unincorporated
organization, complete the following:
l. List the applicant name followed by the names of all officers, members, trustees, pariners,
etc. below: (Attach list if necessary)
30 West Pershing LLC (sole member - F,PR Pronerties): Qperatin entity - Top Igo`f USA
Vireinia Beach. LLC (sole msmber - Topv,olf USA REIT, LLC)
2. List all businesses that have a parent-subsidiary' or affiliated business endty relationship
with the applrcant: (Attach list if necessury)
Topzolf International, Inc.
? Check here if the applicant is NOT a corporation, parfiership, firm, business, or other
unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only ifproperry mvner is differem from applicant.
If the property owner is a corporarion, partnership, firm, business, or other unincorporated
organization, compiete the following:
1. List the property owner name followed by the names of a!I officers, members, trustees,
partners, etc. belaw: (Attach list if necessary)
5e Street Warehfluse. LLC (sole member- Thalia Bay Shoppes, LLC, the
members/manaeers of which are Page S. Johnson, II and Mark F. Garcea)
2. List all businesses that have a parent-subsidiary' or affiliated business e»tity2 relationship
with the applicant: (Attach list if necessary)
Harmonv Investments. Inc.
? Check here if the applicarrt is NOT a cocporation, partnership, firtn, business, or other
unincorporated organization.
?7& Z See next paRe for footnotes
Docs an official or employee of the City of Virginia Beach have an interest in the subject
land? Yes n No O
If yes, what is the name of the official or employee and the naiure of their interest?
NJA
DISCLOSURE STATEMENT
TOPGOLF, LLC
Agenda It5
Page 17
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with respect to
the requested property use, including but not limited to the providers of architectural
services, real estate services, financial services, accounting services, and legal services:
(Attach list if necessary)
Troutman Sanders LLP - Legal Services
WPL - Landscape Design Services
Manhard Consulting. LTD - Civil En ineering?Service
s
T'halhimer - Real Estate Brokerage Services
Arco Murray Design Build - Planning and Engineering Services
Kimlev-Horn & Associates - Civil Engineerinp, Services
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation direct(y 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 controUing 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 shoutd be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the applicarion has been scheduled
for public hearing, I am responsible for obtaining and posting the required sign on the subject
property at teast 30 days prior to the scheduled public hearing according to the instructions in
this package. The undersigned also consents to entry upon the subject properiy by employees of
the Department of Planning to photograph and view the site for purposes of processing and
evaluat? this application.
z?rl5t?a(?- -T?PCro?
i ant's Signature Print Name
&[1E S . <J O NN :iO tJ ? ?
different than applicant) Print Name
DISCLOSURE STATEMENT
TOPGOLF, LLC
Agenda Item 5
Page 18
Item #5
30 West Pershing, L.L.C.
Conditional Use Permit
Between Greenwich Road and the south side of I-264
District 2
Kempsville
August 13, 2014
CONSENT
An application of 30 West Pershing, L.L.C. for a Conditional Use Permit (Outdoor Recreation) on
property located between I-264 and Greenwich Road, approximately 1,350 feet east of
Business Park Drive, District 2, Kempsville. GPIN: 1464445974.
CONDITIONS
1. With the exception of any modifications required by any of these conditions or as a result of
development site plan review, the site shall be developed substantially in conformance with
the submitted plan entitled "Conceptual Site Plan, TopGolf-Virginia Beach," prepared by
ARCO Murray Design Build I Manhard Consulting, Ltd., and WPL, dated June 2, 2014.
2. With the exception of any modifications required by any of these conditions or as a result of
review of the building plans, the structure on the site shall be substantially in conformance
with the design and the exterior materials shown on the submitted elevation plans entitled
"Exterior Elevations 1, 2, and 3, TopGolf, Virginia Beach, VA," prepared by Aria Group
Architects, Inc., dated 5-30-2014.
3. The site identification sign shall be located as shown on the plan referenced in Condition 1
and shall be in conformance with the design shown on the submitted plan entitled
"Conceptual Monument Sign, TopGolf, Virginia Beach, VA," prepared by Aria Group
Architects, Inc., dated 6-9-2014.
4. There shall be one building identification sign and said sign shall be in substantial
conformance with that shown on the front building elevation referenced in Condition 2.
Said sign shall consist of individual backlit letters.
5. The height of the field netting along the northern side of the driving range field shall be
increased in height to at least 170 feet.
6. The "Color Changing LED Washing Metal Mesh" installed on the exterior of the building
shall be designed such that the colors displayed on the mesh change in a slow `wash' that
requires at least one minute to transform from one color to another.
Item #5
30 West Pershing, L.L.C.
Page 2
7. Live amplified music perFormed outdoors shall not occur after 10:00 p.m., Sunday through
Thursday, and after 12:00 a.m. (midnight), Friday and Saturday.
A motion was made and seconded by Commissioner Horsley to approve item 5.
AYE 9 NAY 0 ABS 2 ABSENT 0
BROCKWELL AYE
HODGSON ABS
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUS50 AYE
THORNTON ABS
WEINER AYE
By a vote of 9-0-2, with the abstentions so noted, the Commissioner approved item 5 for
consent.
R.J. Nutter appeared before the Commission on behalf of the applicant. The applicant Zack
Short appeared before the Commission.
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CITY OF VIRGINIA BEACH
` AGENDA ITEM
ITEM: VERIZON WIRELESS (Applicant) / CITY OF VIRGINIA BEACH (Owner),
Conditional Use Permit (Wireless Communication Tower). 2185 Recreation
Drive - behind the Virginia Beach Amphitheater (GPIN 1484493328).
COUNCIL DISTRICT - PRINCESS ANNE.
MEETING DATE: September 16, 2014
¦ Background:
The applicant requests a Conditional Use Permit to allow for the installation of a
wireless communication tower. The purpose of the tower is to resolve issues
related to the need for additional wireless data capability during events at the
Virginia Beach / Farm Bureau Live Amphitheater.
¦ Considerations:
The proposed tower is an 80-foot high portable tower delivered on a truck that
also contains the support equipment for the antennas. The system is referred to
as a COW (Cell on Wheels). The tower is supported by a series of four guyed
wires located at three equal distances at the sides of the tower. The guyed wire
supports are attached at the ground to 4'x4'x3' concrete anchor blocks, which are
located 45 feet from the center point of the tower. The facility meets the
requirements of the Building Code.
The tower is located in a fenced area behind the amphitheater adjacent to an
existing sewer pump station and approximately 100 feet from the concessions
buildings on that side of the amphitheater.
Further details pertaining to this request, as well as Staff's evaluation, are
provided in the attached staff report.
There was no opposition to the request.
¦ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0, to recommend approval of this request to the
City Council with the following conditions:
1. With the exception of any modifications required by any of these
conditions or as a result of development site plan review, the `Cell on
Wheels' (COW) tower installation shall be substantially in conformance
VERIZON WIRELESS
Page 2 of 2
with the submitted plan set (Sheets T-1, SP-1, SP-2, SP-3, and SP-4) and
entitled "VB Amphitheater, Temporary Site, 2185 Recreation Drive,
Virginia Beach, Virginia," dated 5/20/2014
2. The COW tower facility shall be permitted on the site at the location
specified in the plan set referenced by Condition 1 from May 1 to October
31.
¦ 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 'b? City Manager: V ` av?
ORINCESS ANNE
6
August 13, 2014 Public
Hearing
APPLICANT:
VERIZON
WIRELESS
PROPERTY OWNER:
CITY OF VIRGINIA
BEACH
REQUEST:
Conditional Use Permit (Wireless Communication Tower)
STAFF PLANNER: Stephen J. White
ADDRESS / DESCRIPTION: 2185 Recreation Drive (rear [west] side of the amphitheater)
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
1484493328 PRINCESS ANNE TOTAL SITE: 221.8 acres 65 to 70 dB DNL
USE AREA: Approx. 10,500 SF (ITA)
BACKGROUND / DETAILS OF PROPOSAL
Backqround
The applicant requests a Conditional Use Permit to allow for the installation of a wireless communication
tower. The purpose of the tower is to resolve issues related to the need for additional wireless data
capability during events at the Virginia Beach / Farm Bureau Live Amphitheater.
Details
The proposed tower is an 80-foot high portable tower delivered on a truck that also contains the support
equipment for the antennas. The system is referred to as a COW (Cell on Wheels). The tower is
supported by a series of four guyed wires located at three equal distances at the sides of the tower. The
guyed wire supports are attached at the ground to 4'x4'x3' concrete anchor blocks, which are located 45
feet from the center point of the tower.
The tower is located in a fenced area behind the amphitheater adjacent to an existing sewer pump station
and approximately 100 feet from the concessions buildings on that side of the amphitheater.
VERIZON WIRELESS
Agenda Item 6
Page 1
'+-wv ????.aa sw o??^^ CUP - CeNUlar TekpAOne Antenna
The tower will remain on site during the concert season (May through October). Verizon Wireless has a
'Distributed Antenna System' in design that will be installed during the 'off-season,' which should
eliminate the need for the portable antenna system in 2015.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Pump station enclosure associated with an outdoor amphitheater
SURROUNDING LAND North: . Parking lots associated with amphitheater / AG-1
USE AND ZONING: Agricultural District
South: . Amphitheater support buildings / AG-1 Agricultural District
East: . Amphitheater concession buildings / AG-1 Agricultural
District
West: • Wooded area / AG-1 Agricultural District
NATURAL RESOURCE AND There are no known significant natural resource or cultural
CULTURAL FEATURES: features at this location.
COMPREHENSIVE PLAN: The Comprehensive Plan identifies this parcel as being within the Princess
Anne Special Economic Growth Area (SEGA 4). The controlling master plan for Princess Anne SEGA 4
is the Interfacility Traffic Area (ITA) and Vicinity Master Plan.
IMPACT ON CITY SERVICES
The use of the portable communication tower at the proposed location will have no impact on City
services.
EVALUATION AND RECOMMENDATION
City Zoninq Ordinance - Section 220 - Purpose of Conditional Use Permits
It shall be the duty of the City Council under the provisions of this article to evaluate the impact and the compatibility
of each [conditional] use, and to stipulate such conditions and restrictions including those specifically contained
herein as will assure the use being compatible with the neighborhood in which it is located, both in terms of existing
land uses and conditions and in terms of development proposed or permitted by right in the area; or where that
cannot be accomplished, to deny the use as not being in accordance with the adopted Comprehensive Plan or as
being incompatible with the surrounding neighborhood.
VERIZON WIRELESS
Agenda Item 6
Page 2
The proposed use of a temporary communication tower at the subject site through use of a COW (Cell on
Wheels) is acceptable. The cell tower facility will address a communication issue occurring at one of the
city's most significant entertainment venues. The proposal is generally consistent with the
Comprehensive Plan's land use policies, particularly with regard to the Plan's recommendation that the
City's "information and communication infrastructure is tightly connected with the world and is of the
highest efficiency and quality."
The proposed wireless communication tower meets the relevant provisions of Section 232 of the City
Zoning Ordinance, which provides the Specific Standards for the evaluation of Communication Towers.
Staff recommends approval of this request with the conditions below.
CONDITIONS
1. With the exception of any modifications required by any of these conditions or as a result of
development site plan review, the `Cell on Wheels' (COW) tower installation shall be
substantially in conformance with the submitted plan set (Sheets T-1, SP-1, SP-2, SP-3, and
SP-4) and entitled "VB Amphitheater, Temporary Site, 2185 Recreation Drive, Virginia Beach,
Virginia," dated 5/20/2014
2. The COW tower facility shall be permitted on the site at the location specified in the plan set
referenced by Condition 1 from May 1 to October 31.
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 p/an review to meet all applicab/e City Codes and Standards. All applicab/e
permits required by the City Code, including those administered by the Department of P/anning /
Deve/opment Services Center and Department of Planning / Permits and /nspections Division,
and the issuance of a Cerfiricate 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.
VERIZflN WIRE
Agenda
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VERIZON WIRELESS
Agenda Item 6
Page 4
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PROPOSED TOWER ELEVATION I
(Condition 1) ?I
VERIZON WIRELESS
Agenda Item 6
Pa e 7
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PHOTOS OF COW INSTALLATION
VE
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)N WIRELESS
Agenda Item 6
Page 8 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 all officers, members, trustees,
partners, etc. below: (Attach Jist if necessary)
Verizon Wireless
2. List all businesses that have a parent-subsidiary' or affiliated business entityZ
relationship with the applicant: (Aftach list if necessary)
? Check here if the applicant is NOT a cofporation, partnership, firrn, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete fhis section only if property owner is different from applicanf.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
City of Virginia Beach, a municipal corporation of
the Commonwealth of Virginia
2. List all businesses that have a parent-subsidiary' or affiliated business entityZ
relationship with the applicant: (Attach list if necessary)
N/A
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 Iand7 Yes No -Z
If yes, what is the name of the official or employee and the nature of their interest?
DISCLOSURE STATEMENT
VERIZflN WIRE
Agenda I
0
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E0m 6
aye 9
I
ADDITIONAL DISCLOSURES
List ail known contractors or businesses that have or will provide services with respect
to the requested property use, including but not limited to the providers of architectural
services, real estate services, financiai senrices, accounting services, and legal
services: (Attach list if necessary)
Engineering Concepts, A Z Engineering, GDN Sites
'"Parent-subsidiary relationship" means "a relationship that exists when one
corporation diredly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Governmerrt 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 () one business entity has a controlling ownership
interest in the other business entity, (ii) a controlGng owner in one errtity is also a corrtrolling
owner in the other entity, or (iii) there is shared management or corrtrol 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 othen+vise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posdng the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instruotions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
4N U1t 6'l.12
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DISCLOSURE STATEMENT
VERIZON WIRELESS
Agenda Item 6
Page 10
Meet the Board
5hellye L. Archambeau
Vic-w
Fresfile
Richard L. Carrion
View
F*afif I=
Metanie L. Healey
? Vie&
F*Oi IE-
_ M. Frances Keeth
'4f I E14'
Fr--filc
Robert YV. Lane
View
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Lowell C. McAtiam
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Donald T. Micolaisen
Viev=
P'rcfi i e
Clarenc;e tltis, Jr.
Vicrtr
Fdofile
Rodncy E. 5later
Uiew
P.c:file
Ka#htyn A. Tesija
VI £1Y
FtefiilE-
Gregary D. Wasson
V iew
F±zf i l e
DISCLOSURE STATEMENT
VERIZON WIRELESS
Agenda Item 6
Page 11
Item #6
Verizon Wireless
Conditional Use Permit
2185 Recreation Drive
District 7
Princess Anne
August 13, 2014
CONSENT
An application of Verizon Wireless for a Conditional Use Permit (Wireless Communication
Tower) on property located at 2185 Recreation Drive (rear [west] side of the amphitheater),
District 7, Princess Anne. GPIN: 1484493328.
CONDITIONS
1. With the exception of any modifications required by any of these conditions or as a result of
development site plan review, the `Cell on Wheels' (COW) tower installation shall be
substantially in conformance with the submitted plan set (Sheets T-1, SP-1, SP-2, SP-3, and
SP-4) and entitled "VB Amphitheater, Temporary Site, 2185 Recreation Drive, Virginia
Beach, Virginia," dated 5/20/2014
2. The COW tower facility shall be permitted on the site at the location specified in the plan
set referenced by Condition 1 from May 1 to October 31.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to
approve item 6.
AYE 11
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
NAY 0 ABS 0 ABSENT 0
By a vote of 11-0, the Commission approved item 6 by consent.
Steve Romine appeared before the Commission on behalf of the applicant.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: VIRGINIA SEAGULL TRAVEL BUS, INC. (Applicant) / NEWTOWN BAKER
SHOPPING CENTER, LLC (Owner), Conditional Use Permit (Passenger
Transportation Terminal [Bus]). 649 Newtown Road, Suite 101 (GPIN
1468313784). COUNCIL DISTRICT - KEMPSVILLE.
MEETING DATE: September 16, 2014
¦ Background:
The applicant is requesting Modification of a Conditional Use Permit for a
passenger transportation terminal at 649 Newtown Road, Suite 101. The
applicant operates a private bus company from a suite in the Newtown Baker
Crossing Shopping Center, using the site as a terminal and ticketing office. City
Council approved a Conditional Use Permit for a passenger transportation
terminal in the same suite at the request of a previous applicant on December
13, 2011. The applicant is requesting modification of one of the conditions
pertaining to operating hours.
¦ Considerations:
The applicant requests modification of Condition 9 of the current Use Permit,
which regulates bus loading and unloading, to allow for a more flexible schedule
of bus arrivals and departures. The existing Use Permit limits departures and
arrivals to 12:30 a.m., 10:30 a.m., and 3:30 p.m.
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. Buses shall only load and unload in the Designated Loading / Unloading
Area shown on the submitted site plan and the site plan enlargement
entitled "Newtown Baker Crossing by S.L. Nusbaum Realty" and
contained in this application.
VIRGINIA SEAGULL
Page 2 of 2
2. Buses that are not in operation shall be parked in the Designated
Overnight Parking Area as shown on the submitted site plan and site plan
enlargement entitled "Newtown Baker Crossing by S.L. Nusbaum Realty"
and contained in this application.
3. The restroom in the office suite shall be made available for passengers
and those waiting for passengers during normal office hours.
4. At least finrenty (20) seats shall be available within the office for
passengers to wait before or after their scheduled bus departs.
5. No vehicle service, repair, or maintenance activities shall be performed at
this site.
6. The applicant shall obtain all necessary permits, inspections, and
approvals from the Fire Department and the Permits and Inspections
Division of the Planning Department. A Certificate of Occupancy shall be
obtained from the Permits and Inspections Division of the Planning
Department.
7. Administrative review of the Use Permit shall be conducted once a year
(from the date of City Council approval) by the Zoning Administrator.
8. The operation of the buses shall be limited to the schedule provided by the
applicant:
Departures - 10:00am and 11:45pm; Arrivals - 10:00pm and
12:00am. Operating times may deviate reasonably from the stated
times in order to accommodate traffic.
9. No more than one (1) bus shall load or unload passengers during each
scheduled stop.
¦ 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 ?? . ? ?
KEMP5V,LLE
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2
August 13, 2014 Public Hearing
APPLICANT:
VIRGINIA
SEAGULL TRAVEL
BUS, INC.
PROPERTY OWNER:
N EWTOWN
BAKER
SHOPPING
CENTER
STAFF PLANNER: Graham Owen
REQUEST:
Modification of a Conditional Use Permit (Passenger Transportation Terminal - Bus)
ADDRESS / DESCRIPTION: 649 Newtown Road, Suite 101
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14683137840000 KEMPSVILLE 10.095 acres Less than 65 d6 DNL
BACKGROUND / DETAILS OF PROPOSAL
Backqround
The applicant is requesting a modification to a Conditional Use Permit to allow a passenger transportation
terminal at 649 Newtown Road, Suite 101. The applicant operates a private bus company from a suite in
the Newtown Baker Crossing shopping center, using the site as a terminal and ticketing office. City
Council approved a Conditional Use Permit for a passenger transportation terminal at the request of a
previous applicant on December 13, 2011, and the applicant is proposing to modify the conditions of that
permit to reflect the applicanYs operations. The original Conditional Use Permit had nine (9) conditions,
which are listed below.
1. When buses are not in operation, they shall be parked in the designed "overnight parking" spaces
as shown within the marked-up site plan entitled, "Newtown Baker Crossing" and by S.L.
VIRGINIA SEAGULL TRAVEL BUS, INC.
Agenda Item 2
Page 1
Nusbaum Realty. Said plan has been exhibited to the Virginia Beach City Council and is on file
with the Virginia Planning Department.
2. A landscape buffer shall be installed within the area north of the designated "overnight parking"
spaces as shown on the marked-up site plan entitled, "Newtown Baker Crossing" and by S.L.
Nusbaum Realty. Category VI plant material shall be provided except when within the Dominion
Transmission Rights-of-Way were the plant material shall conform to Category I plant material.
3. Buses shall load and unload in the designated loading and unloading area as shown on the
marked-up site plan entitled, "Newtown Baker Crossing" and by S.L. Nusbaum Realty. Said plan
has been exhibited to the Virginia Beach City Council and is on file with the Virginia Planning
Department.
4. There shall be a restroom, located in suite 101, and available to passengers during all hours that
the facility is in operation.
5. At least twenty (20) seats shall be available within the office for passengers to wait before or after
their scheduled bus departs or arrives.
6. No transfers or connections onto other buses shall be conducted onsite.
7. No vehicle service repair or maintenance activities shall be performed at this site.
8. The applicant shall obtain all the necessary permits, inspections, and approvals from the Fire
Department and the Permits and Inspections Division of the Planning Department. A Certificate of
Occupancy for the use shalf be obtained from the Permits and Inspections Division of the
Planning Department.
9. The operation of the buses shall be limited to the schedule provided by the applicant:
a. Three times daily - 12:30am, 10:30am, and 3:30pm
The applicant is proposing to modify Condition 9 to allow for a more flexible schedule of bus arrivals and
departures and to better accommodate the traffic uncertainties of interstate travel. Buses currently carry
passengers between Virginia Beach and New York City, departing from the site at 12:00am and 10:00am
and returning at 12:00am and 11:00pm. The applicant operates a second Virginia Beach terminal and
ticketing office at 313 and 329 Kellam Road, respectively. New York-bound buses load a primary group
of passengers at the Kellam Road location, and then load additional passengers at the subject site on
their way out of Virginia Beach.
The parking lot on the western side of the shopping center senres as the center of activity for the
proposed use. Buses load and unload passengers in a two-way drive aisle abutting the western edge of
the building. Several rows of parking stalls serve as an overnight parking area for buses and passenger
vehicles. Passengers may purchase tickets at the office from 10:00am to 12:00am or online.
Discussions with the applicanYs representative indicated that the bus service is currently operating on the
weekends only, but will likely expand service to the weekdays in the future. The applicanYs
representative also indicated that all bus maintenance and repair work is performed at a location in New
York, including washing and sewage tank pumping.
A number of other businesses operate from suites near the terminal office, including a daycare center and
a cell phone store.
VIRGINIA SEAGULL TRAVEL BUS, INC.
Agenda Item 2
Page 2
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Commercial shopping center
SURROUNDING LAND North: . Multi-family dwellings / A-18 Apartment District
USE AND ZONING: . Hampshire Lane
South: . Intersection of Baker Road and Newtown Road
East: • Shopping center with many uses including day care
center, vacant out parcel, car wash facility and gas
station / B-2 Community Business District
West: . Multi-family dwellings / A-12 Apartment District
• Mini-warehouses, church, child care center / B-2
Community Business District
• Hampton Roads Transit Bus Route 27 (Baker Road)
NATURAL RESOURCE AND The site is fully developed as a commercial shopping center.
CULTURAL FEATURES: There are no known natural or cultural resources associated with
this site.
COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in the Suburban Focus
Area 2, Lake Edward. Lake Edward's community leaders have focused their goals around improving
public safety, revitalizing homes, increasing recreational and educational opportunities and compatible
surrounding land uses (p. 3-11). The general planning principles for the suburban area focus on
preserving and protecting the overall character, economic value, aesthetic quality of the stable
neighborhoods and reinforce the suburban characteristics of commercial centers and other non-
residential areas that make up part of the Suburban Area. Achieving the goals of preserving
neighborhood quality requires that all new development or redevelopment, whether residential or non-
residential, either maintain or enhance the overall area. (p. 3-2).
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP1:
Newtown Road in the vicinity of this application is considered a four-lane divided minor suburban
arterial. The Master Transportation Plan proposes a six-lane facility within a 150-foot wide right-of-way.
Currently, this segment of roadway is functioning under capacity at a Level of Service C.
There is a Roadway Capital Improvement Program project slated for this area. Newtown Road and
Baker Road Intersection Improvements (CIP 2-037) is for the construction of additional turn lanes and
reconfiguration of the Newtown Road/Baker Road intersection.
VIRGINIA SEAGULL TRAYEL BUS,.iNC.
Agenda Item 2
Page 3
TRAFFIC: Street Name Present
Volume present Capacity Generated Traffic
Newtown Road 23,608 ADT 28,200 ADT (Level of Existing Land Use -
Service "C") 344 ADT
32,800 ADT' (Level of Proposed Land Use 3
Service "E" - 246
Average Daily Trips
Z as defined by bus terminal - 56 passengers/bus/trip + office
3 as defined b bus terminal 58 passen ers/bus/tri + office
WATER & SEWER: This site is already connected to City water and sewer.
EVALUATION AND RECOMMENDATION
Citv Zoninp Ordinance - Section 220 - Purpose of Conditional Use Permits
It shall be the duty of the City Council under the provisions of this article to evaluate the impact and the compatibility
of each [conditional] use, and to stipulafe such conditions and resfrictions including those specifically contained
herein as will assure the use being compatib/e with the neighborhood in which it is located, both in terms of existing
land uses and conditions and in terms of development proposed or permitted by right in the area; or where that
cannot be accomplished, to deny the use as not being in accordance with the adopted Comprehensive Plan or as
being incompatible wifh the surrounding neighborhood.
This request for a modification to a Conditional Use Permit for a passenger transportation terminal is
reasonable. Private bus companies have operated from this location since at least 2007 with minimal
impacts on the surrounding neighborhood, and the applicanYs proposal is similar to previous uses at the
shopping center. Onsite landscaping, which was installed to the north of the designated parking area per
Condition 2 in the original Conditional Use Permit, adequately screens the designated overnight parking
area from the surrounding multifamily dwellings across Hampshire Lane. Also, the designated
loading/unloading area is located in a well-lit portion of the shopping center parking lot.
Staff recommends annual administrative review of this Conditional Use Permit in order to determine that
the continuation of the Use Permit would not cause a public inconvenience, annoyance, disturbance, or
have an undue impact on the community or be incompatible with other uses of land in the zoning district.
This recommendation is invoked in Condition 7 below. Several other conditions have been also been
modified from the original Conditional Use Permit. Given these considerations, staff recommends
approval of this request with the conditions below.
VIRGINIA SEAGULL TRAVfL BUS,.tNC.
Agenda Item 2
Page 4
CONDITIONS
1. Buses shall only load and unload in the Designated Loading / Unloading Area shown on the
submitted site plan and the site plan enlargement entitled "Newtown Baker Crossing by S.L.
Nusbaum Realty" and contained in this application.
2. Buses that are not in operation shall be parked in the Designated Overnight Parking Area as
shown on the submitted site plan and site plan enlargement entitled "Newtown Baker Crossing
by S.L. Nusbaum Realty" and contained in this application.
3. The restroom in the office suite shall be made available for passengers and those waiting for
passengers during normal office hours.
4. At least twenty (20) seats shall be available within the office for passengers to wait before or
after their scheduled bus departs.
5. No vehicle service, repair, or maintenance activities shall be performed at this site.
6. The applicant shall obtain all necessary permits, inspections, and approvals from the Fire
Department and the Permits and Inspections Division of the Planning Department. A Certificate
of Occupancy shall be obtained from the Permits and Inspections Division of the Planning
Department.
7. Administrative review of the Use Permit shall be conducted once a year (from the date of City
Council approval) by the Zoning Administrator.
8. The operation of the buses shall be limited to the schedule provided by the applicant:
Departures -10:OOam and 11:45pm; Arrivals - 10:00pm and 12:00am. Operating times may
deviate reasonably from the stated times in order to accommodate traffic.
9. No more than one (1) bus shall load or unload passengers during each scheduled stop.
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 p/an review to meet all applicable City Codes and Standards. All applicab/e
permits required by the City Code, including those administered by the Department of P/anning /
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
Environmenta/ Design (CPTED) concepts and strategies as they pertain to this site.
VIRGINIA SEAGULL TRAVEL BUSjNG
Agenda Ite,m 2
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VIRGINIA SEAGULL TRAVEL BUS, INC. ?
Agenda Item 2 ,
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SITE PLAN SHOWING PROPOSED
AREA OF OPERATION (Conditions 1& 2)
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VIRGINIA SEAGULL TRAVEL BUS, INC.
Agenda Item 2
Page 7
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4genda Item 2
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DESIGNATED OVERNIGHT PARKING AREA
VIRGINIA SEAGULL TRAVEL BUS, INC.
Agenda Item 2
Page 10
,
ZONING F115 I UKY
# DATE REQUEST ACTION
1 7/2/2013 Change of Zoning (B-2 to A-18 Apartment District) Approved
6/23/2009 Conditional Use Permit (Church) A roved
2 3/26/2013 Conditional Change of Zoning (R-7.5 to Conditional PD-H2(A-18) Approved
Planned Unit Development (Apartment) District)
3/26/2013 Modification of Conditional Change of Zoning Approved
5/24/2011 Conditional Change of Zoning (A-18 to Conditional PD-H2(A-18) Approved
5/25/2010 Street Closure (Shurney Lane adjacent to Newtown Rock Creek Lane) Approved
5/25/2010 Conditional Chan e of Zonin (R-7.5 to Conditional A-18 A roved
3 7/3/2012 Conditional Use Permit (Motor vehicle rentals) Approved
12/13/2011 Conditional Use Permit (Passenger transportation terminal) Approved
6/27/2006 Conditional Use Permit Church - shoppin center A roved
4 9/11/2007 Subdivision Variance Withdrawn
5 7/9/2009 Conditional Use Permit (Bingo hall) Withdrawn
3/8/2005 Conditional Use Permit Church A roved
6 6/12/2007 Conditional Use Permit Car wash facilit
7 2/27/2001 Conditional Use Permit Mini-warehouse / Stora e facility A roved
VIRGINIA SEAGULL
A roved
?VEL BUS, INC.
Agenda Item 2
Page 11
APPLICANT DISCLOSURE
If the applicant is a corporation, partnership, firrn, business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members, tnustees,
partners, etc. below: (Attach Iisf if necessary)
_W(6 vi I tA 4-C u? 4 +_
2. List all usinesses that have a parent-sub 'diary' or affliated business entity2
relationship with the applicant: (Attach list if necessary)
? Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Atfach list if necessary)
e4w 4414te
? Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
& See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes No
If yes, what is the name of the o icial or employee and the nature of their interest?
DISCLOSURE STATEMENT
VIRGINIA SEAGULL TRAVEL BUS, INC.
Agenda Item 2
Page 12
A?DDITlONAL 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
senrices: (Attach list if necessary)
'"Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power-ofanathereorporatiorr."-See Sfiateand-L-ocaf Governmertt E-onflict-vflnterestsAet;-fa-
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 managemen# or cflntrol 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 subskantialty 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 othetwise a close working relationship
between the entities." 5ee State and Local Govemment Conflict of Interests Act, Va. Code §
2.2-3101.
CERT1FiCA7iON: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in thls package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
ApplicenYs Signature Print Name
S / _J"el/ ??-
Property Owner's Si 6RCre (i d ent than applicant) Print Name
DISCLOSURE STATEMENT
VIRGINIA SEAGULL TRAYfL BUS, INC.
Agenda It+em 2
Page 13
Item #2
Virginia Seagull Travel Bus, Inc.
Modification Conditional Use Permit
649 Newtown Road, Suite 101
District 2
Kempsville
August 13, 2014
CONSENT
An application of Virginia Seagull Travel Bus, Inc. for a Modification of a Conditional Use Permit
(Passenger Transportation Terminal - Bus) on property located at 649 Newtown Road, Suite
101, District 2, Kempsville. GPIN: 14683137840000.
CONDITIONS
1. Buses shall only load and unload in the Designated Loading / Unloading Area shown on the
submitted site plan and the site plan enlargement entitled "Newtown Baker Crossing by S.L.
Nusbaum Realty" and contained in this application.
2. Buses that are not in operation shall be parked in the Designated Overnight Parking Area as
shown on the submitted site plan and site plan enlargement entitled "Newtown Baker
Crossing by S.L. Nusbaum Realty" and contained in this application.
3. The restroom in the office suite shall be made available for passengers and those waiting
for passengers during normal office hours.
4. At least twenty (20) seats shall be available within the office for passengers to wait before
or after their scheduled bus departs.
5. No vehicle service, repair, or maintenance activities shall be performed at this site.
6. The applicant shall obtain all necessary permits, inspections, and approvals from the Fire
Department and the Permits and Inspections Division of the Planning Department. A
Certificate of Occupancy shall be obtained from the Permits and Inspections Division of the
Planning Department.
7. Administrative review of the Use Permit shall be conducted once a year (from the date of
City Council approval) by the Zoning Administrator.
8. The operation of the buses shall be limited to the schedule provided by the applicant:
Departures - 10:00am and 11:45pm; Arrivals - 10:00pm and 12:00am. Operating times may
deviate reasonably from the stated times in order to accommodate traffic.
Item #2
Virginia Seagull Travel Bus, Inc.
Page 2
9. No more than one (1) bus shall load or unload passengers during each scheduled stop.
A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to
approved item 2.
AYE 11 NAY 0 ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commission approved item 2 by consent.
The applicant Keven Dong appeared before the Commission.
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CITY OF VIRGINIA BEACH
, AGENDA ITEM ,
ITEM: PAUL BRADLEY DBA BRADLEY MARINE, LLC (Applicant) / CILOU, LLC
(Owner), Conditional Use Permit (boat and vessel repair and bulk storage
yard). 588B Central Drive (GPIN 1496764804). COUNCIL DISTRICT -
BEACH.
MEETING DATE: September 16, 2014
¦ Background:
The applicant is requesting a Conditional Use Permit to use an existing facility for
the repair of boats and for a bulk storage yard to temporarily store boats awaiting
repair. Over the past 22 years, there have been a number of Use Permits
granted on this property for uses similar to the applicant's request. A list of those
Use Permits and the subsequent modifications are outlined in the attached staff
report.
¦ Considerations:
A majority of the site is a bulk storage facility that encompasses two parcels
under the same ownership. The total area of the two parcels is approximately
four acres. The subject site for this Use Permit request is the western parcel,
which is 2.04 acres. A one-story brick building containing offices and repair
facilities for automobiles and boats is located on the site. The boat repair and
storage will take place within finro repair bays located at the northern end of the
building.
Consistent with the conditions previously approved on the site for automobile
repair, all boat repairs will be perFormed inside the buildings. Boats awaiting
repair will be stored in the fenced area to the rear of the building. This area is
separated from the larger storage facility by a six foot chain link fence, and is
composed of a mix of concrete and gravel surface. Access to the repair facility
and the storage area will be from the existing access point on Industry Lane.
Further details pertaining to the proposal, as well as Staff's evaluation of the
request, are provided in the attached staff report.
There was no opposition to the request.
PAULBRADLEY
Page 2 of 3
¦ Recommendations:
The Planning Commission placed this item on the Consent Agenda, passing a
motion by a recorded vote of 11-0, to recommend approval of this request to the
City Council with the following conditions:
1. All conditions attached to the Conditional Use Permits granted by City
Council on May, 12 1992, October 13, 1992 and October 29, 1996, and
subsequent Modification of Conditions granted on June 24, 2008, shall be
deleted and replaced with the following:
a. With the exception of any modifications required by any of these
conditions, use of the site may include bulk storage, motor vehicle
repair garage, and boat and vessel repair, and shall be developed and
maintained substantially in conformance with the submitted site plan
entitled "PARKING PLAN OF LOT 24, LONDON BRIDGE
INDUSTRIAL PARK II, PHASE ONE AND LOT 41, LONDON BRIDGE
INDUSTRIAL PARK II, PHASE TWO FOR OCEAN PROPERTIES,
LLC," prepared by John E. Sirine and Associates, Ltd. and dated
March 30, 2011.
b. Stormwater management facilities shall be provided to control runoff in
accordance with the provisions of the Stormwater Management
Ordinance.
c. No outside storage of equipment, parts, or materials shall be permitted.
d. All automobile and boat repair work shall be performed inside the
building.
e. No more than 50 inoperative vehicles awaiting parts or undergoing
damage evaluation for insurance processing may be stored on the
subject site at any given time. No inoperative vehicle may be stored
on-site for more than 30 days.
f. Boats awaiting service or pick-up shall be stored in the area marked as
"BOAT STORAGE AREA" on the submitted site plan.
g. The bulk storage yard and automobile and boat repair garages shall be
enclosed by a six-foot high solid fence with Category I landscape
screening adjacent to Central Drive and Industry Lane. The existing
chain-link fencing along the property lines not adjacent to rights-of-way
is acceptable for screening purposes.
h. All curb-cuts accessing the site shall be paved.
PAULBRADLEY
Page3of3
i. The automotive repair garage parking area shall be paved, curbed,
and guttered.
j. Any new signage shall obtain a permit from the Planning Department /
Zoning Office.
¦ 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:
MACM
Nhub's-, Paul Bradley / Bradley Marine, L.L.C.
3
August 13, 2014 Public Hearing
APPLICANT:
PAUL BRADLEY /
B RAD LEY MARI N E,
L.L.C.
PROPERTY OWNER:
CILOU L.L.C.
:«w.,. C??. a- u-cur . eon seo..oe
STAFF PLANNER: Kevin Kemp
REQUEST:
Conditional Use Permit (boat and vessel repair and bulk storage yard)
ADDRESS / DESCRIPTION: 588 B Central Drive
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
14967648040000 BEACH 88,850 square feet >75 dB DNL, APZ-2
BACKGROUND / DETAILS OF PROPOSAL
Backqround
The applicant is requesting a Conditional Use Permit to use an existing facility for the repair of boats, as
well as a Use Permit for a bulk storage yard to be able to temporarily store boats awaiting repair. Over the
past 22 years, there have been a number of Use Permits granted on this property for uses similar to the
applicanYs request. These Use Permits and subsequent modification are outlined below.
• On May 12, 1992 a Use Permit was granted for the use of the property as a contractor's
equipment storage yard. One condition of the approval stated that the entire perimeter of the site
must be screened with Category IV landscaping.
• On October 13, 1992 a Use Permit was granted for an automobile repair garage on the property.
A small repair garage was proposed to be constructed at the southeast corner of the site.
Category IV landscaping remained required around the exterior perimeter of the site. It appears
that this building was never constructed.
• On October 29, 1996 a Use Permit was granted for an automobile repair garage and bulk storage
facility on the property. The automobile repair took place in the existing building. The conditions
PAUL BRADLEY / BRADLEY MARINE, L.L.C.
Agenda Item 3
Page 1
required that the auto repair garage be enclosed by a minimum six-foot privacy fence with
category IV landscaping.
On June 24, 2008 a modification of the conditions of all previous Use Permits on the property was
granted. This modification was granted so that the applicant could store up to 50 damaged
vehicles on site within parking spaces located in the storage yard, a condition not allowed as per
the 1992 and 1996 Use Permits. As a condition of the approval, the applicant agreed to install 6
inches of aggregate in the storage area, as well as retaining the previous screening requirements.
The site is currently operating as an automobile repair garage and bulk storage facility for boats,
recreational vehicles, and contactor's equipment. The site is screened along Central Drive and Industry
Lane with a six-foot privacy fence and a row of shrubs. The northern property line is secured using chain
link fencing with barbed wire. In 2010, this portion of the fencing was reviewed for compliance with the
approved conditions. Following staff review, it was determined that a privacy fence with Category IV
landscaping was not required along this property line, due to its location adjacent to a 70-foot wide
drainage easement and another industrial property sharing a similar use.
Details
A majority of the existing site is a bulk storage facility that encompasses two parcels under the same
ownership. The total area of the two parcels is approximately 4 acres. The subject parcel of this Use
Permit request is the western parcel, which is 2.04 acres. A one-story brick building containing offices and
repair facilities for automobiles and boats is located on the site. The boat repair and storage will be take
place within the existing facility and storage area, specifically the approximately half-acre southern portion
of the site.
The applicant proposes to use 2,500 square feet of the existing facility, located in the northern two repair
bays. Consistent with the conditions previously approved on the site for automobile repair, all boat repairs
will be performed inside the buildings. Boats awaiting repair will be stored in the fenced area to the rear of
the building. This area is separated from the larger storage facility by a six foot chain link fence, and is
composed of a mix of concrete and gravel surface. Access to the repair facility and the storage area will
be from the existing access point on Industry Lane.
The applicant intends on providing general boat repair services for small boats, 30 feet or less in length.
Services will include repairing electrical systems and components, installation of electronics and
accessories, as well as repair and preventative maintenance for outboard engines. Repairs will be
scheduled by appointment only, ensuring the number of boats being stored on the site at any one time is
minimal. The hours of operation will be 8 a.m. to 5 p.m. Monday through Friday, and 9 a.m. to 1 p.m. on
Saturdays. The business will employ two full-time boat technicians and the operating manager.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Commercial office space, bulk storage facility, automobile and boat repair.
SURROUNDING LAND North: . Bulk storage facility / I-1 Light Industrial District
USE AND ZONING: South: . Quality Court
• Office-warehouse / I-1 Light Industrial District
East: . Bulk storage facility / I-1 Light Industrial District
PAUL BRADLEY / BRADLEY Mi4RINE, L:L.C.
Agenda Item 3
Page 2
West: • Central Drive
• Office-warehouse / I-1 Light Industrial District
NATURAL RESOURCE AND A majority of the site is undeveloped area with a gravel surface
CULTURAL FEATURES: covering. A portion of the site is developed with a one story
structure and a paved parking 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 Special
Economic Growth Area (SEGA) 2- West Oceana. West Oceana SEGA is generally bound by London
Bridge Road, Lynnhaven Creek, South Lynnhaven Road, and Potter's Road. The majority of the area
has been subdivided and is zoned for commercial and industrial uses. Much of the area is subject to
Navy restrictive easements and all of the area is inside the AICUZ high noise zone. The entire site is
within the over 75 dB DNL noise zone. All new or improved development proposals must adhere to the
City's AICUZ provisions (p. 3-30)
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Central
Drive in the vicinity of this site is a two lane collector street. Central Drive has a right-of-way width of 60
feet, and the Master Transportation Plan shows an undivided roadway with an ultimate right-of-way
width of 60 feet. There is currently no capital improvement project scheduled for this segment of right-of-
way.
TRAFFIC: Street Name Present
Volume present Capacity Generated Traffic
Central Drive 4,845 ADT 6,200 ADT (Level of The generated traffic
Service "C") due to the addition of
9,900 ADT' (Level of this proposed use is
Service "D") negligible.
11,000 ADT' (Level
of Service "E"
Average Daily Trips
WATER & SEWER: The site is already connected to the City water and sewer systems.
EVALUATION AND RECOMMENDATION
Citv Zoninq Ordinance - Section 220 - Purpose of Conditional Use Permits
It shall be the duty of the City Council under fhe provisions of fhis article to evaluate the impact and fhe compatibility
PAUL BRADLEY / BRADLEY MARINE, L:L.C.
'Agenda Itern 3
Page 3
of each [conditional] use, and to stipulate such conditions and restrictions including those specifically contained
herein as will assure the use being compatible with the neighborhood in which it is located, both in terms of existing
land uses and conditions and in terms of development proposed or permitted by right in the area; or where that
cannot be accomplished, to deny the use as not being in accordance with the adopted Comprehensive Plan or as
being incompatible with the surrounding neighborhood.
The applicanYs request for a Use Permit to operate a boat repair and storage facility at this site is
acceptable. The use of the site, as shown on the submitted site plan, is generally consistent with the
Comprehensive Plan's land use policies for the West Oceana SEGA 2. Additionally, the proposed use
adheres to the City's AICUZ provisions for sites located in Accident Potential Zone II, and is consistent
with the use of the surrounding properties. The site has been used as an automobile repair facility and
bulk storage yard for a number of years, and the applicant proposes only to add boat repair as a
permitted use. No expansion of the facilities is proposed with this application.
There are no changes proposed to the exterior of the building with this application. Should the applicant
desire to install additional signage, such signs must meet all requirements of the Zoning Ordinance.
There are no improvements required for the site with this application. A majority of the storage area to the
rear of the building is concrete and crushed gravel, and is acceptable ground cover for a bulk storage
facility.
In May 2010, staff informed the property owner that a solid six-foot high fence with Category IV
landscaping was required along the property lines adjacent to Central Drive and Industry Lane. The
chain-link fence along Industry Lane was replaced with a solid wood fence, and shrubs were planted
adjacent to both rights-of-way. The owner was informed that solid fencing and landscaping were not
required along the rear property line. Moreover, a deviation from the landscape screening requirement
along the north and east property lines is being addresses 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
standard is that the area be entirely enclosed by Category VI screening. Category VI screening consists
of a six-foot high solid fence with Category I landscape plantings within a minimum five-foot wide bed.
The screening on the site along Central Drive and Industry Lane meets these requirements; the chain-link
fence along the north property lines does not. The 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 requirements for a six-foot high solid fence with
Category I landscaping around the entire bulk storage area will not adversely impact adjacent properties.
The property directly to the north was granted a Use Permit for bulk storage in 2003, and is similar in use
and character. Additionally, a 70 foot drainage easement separated the two properties.
Based on staff's evaluation, as summarized above, approval of this request is recommended with the
conditions below.
PAUL BRADLEY / BRADLEY MARINE, L.L.C.
Agenda Item 3
Page 4
CONDITIONS
1. All conditions attached to the Conditional Use Permits granted by City Council on May, 12 1992,
October 13, 1992 and October 29, 1996, and subsequent Modification of Conditions granted on
June 24, 2008, shall be deleted and replaced with the following:
With the exception of any modifications required by any of these conditions, use of the site
may include bulk storage, motor vehicle repair garage, and boat and vessel repair, and shall
be developed and maintained substantially in conformance with the submitted site plan
entitled "PARKING PLAN OF LOT 24, LONDON BRIDGE INDUSTRIAL PARK II, PHASE
ONE AND LOT 41, LONDON BRIDGE INDUSTRIAL PARK II, PHASE TWO FOR OCEAN
PROPERTIES, LLC," prepared by John E. Sirine and Associates, Ltd. and dated March 30,
2011.
b. Stormwater management facilities shall be provided to control runoff in accordance with the
provisions of the Stormwater Management Ordinance.
c. No outside storage of equipment, parts, or materials shall be permitted.
d. All automobile and boat repair work shall be performed inside the building.
e. No more than 50 inoperative vehicles awaiting parts or undergoing damage evaluation for
insurance processing may be stored on the subject site at any given time. No inoperative
vehicle may be stored on-site for more than 30 days.
f. Boats awaiting service or pick-up shall be stored in the area marked as "BOAT STORAGE
AREA" on the submitted site plan.
g. The bulk storage yard and automobile and boat repair garages shall be enclosed by a six-
foot high solid fence with Category I landscape screening adjacent to Central Drive and
Industry Lane. The existing chain-link fencing along the property lines not adjacent to rights-
of-way is acceptable for screening purposes.
h. All curb-cuts accessing the site shall be paved.
i. The automotive repair garage parking area shall be paved, curbed, and guttered.
j. Any new signage shall obtain a permit from the Planning Department / Zoning Office.
PAUL BRADLEY / BRADLEY MARINE, L.L.C.
Agenda Item 3
Page 5
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 p/an review to meet all applicable City Codes and Standards. All applicab/e
permits required by the City Code, including those administered by the Department of P/anning /
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.
PAUL BRADLEY / BRADLEY MARINE, L.L.C.
Agenda Item 3
Page 6
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PAUL BRADLEY / BRADLEY MARINE, L.L.C.
Agenda Item 3
Page 7
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PAUL BRADLEY / BRADLEY MARINE L.L.C.
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Agenda Item 3
Page 8 *
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PAUL BRADLEY / BRADLEY MARINE, L.L.C.
Agenda Item 3
Page 9
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ZONING HISTORY
# DATE REQUEST AC TION
1 06/26/2012 Use Permit Wind Ener S stem A roved
2 11/25/2008 Use Permit Bulk Stora e Yard A roved
3 06/24/2008 Modification of Use Permit A roved
10/29/1996 Use Permit Automobile Re air A roved
10/13/1992 Use Permit Automobile Re air A roved
05/12/1992 Use Permit Stora e or Processin of Salva e, Scra or Junk A roved
4 08/12/2003 Use Permit Bulk Stora e Yard A roved
5 02/26/2002 Use Permit Bulk Stora e Yard A roved
02/26/2002 Use Permit Cellular Tower A roved
6 05/12/1998 Use Permit Bulk Stora e Yard A roved
7 02/24/1998 Use Permit Bulk Stora e Yard A roved
8 03/28/1995 Use Permit (Automobile Repair) Ap roved
PAUL BRADLEY / BRADLEY MARINE, L. L.C.
Agenda Ite m 3
Pag e 10
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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 ofi all officers, members, trustees,
partners, etc. below: (Atfach list if necessary)
Bradley Marine LLC / Paul M. Bradley and Melissa D. Bradley
2. List ail businesses that have a parent-subsidiary' or affiliated business entw
relationship with the applicant: (Attach lrst if necessary)
F-] Check here if the applicant is NOT a corporafion, partnership, firm, business, or other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section onty if property owner is differrent from applicanf.
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) Cilou LLC/ William Terry and William DeSteph ?
I
I
2. List all businesses that have a parent-subsidiary' or affiliated business entity2 ?
relationship with the applicant: (Attach lisf if necessary)
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? Che here if the property owner is NOT a corporation, partnership, firm, ?
business, or other unincorporated organization. ,
& See next page for footnotes ?
J
Does an official or employee of?City of Virginia Beach have an interest in the 1
subject land? Yes ? No
If yes, what is the name of the official or employee and the nature of their interest? ?
WiUiam R. DeSteph - Managing Member Cilou LLC ?
i
DISCLOSURE STATEMENT
PAUL BRADLEY / BRADLEY MARINE, L.L.C.
Agenda Item 3
Page 11
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ADDiTIONAL DISCLOSURES
List a!i known contractors or businesses that have or wiii provide services with respect
#o the requested proper#y 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)
y
'"Parent-subsidiary relationshiptl means "a relationship that exists when one
corporation directly or indirecty owns shares possessing more fhan 50 percent of the voting
power of another corporation." See State and Local Govemment Conflict of Interests Ad, Va.
Code § 2.2-3101.
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14
2"Affiliated business entity relationship" means "a reiationship, other than parent-
subsldiary 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 indude 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 entifies share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Govemment Gonflict of Interests Act, Va. Code §
2.2-3101.
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{ CERTIFICATION: I certify that the information contained herein is true and accurate.
PI I understand that, upon receipt of notiflcation (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 heartng according to the instructions in this package. The
undersigned also consents to entry upon the subjed property by employees of the Department of
t Planning to photograph and view the site for purposes of processing and evaluating this application.
? Paul Bradley
? plicanYs Si n Print Name
.
? ?-
J.6e, William Terry
roperty Owner's Signatur rffieren an applicant) Print Name
?
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DISCLOSURE STATEMENT
PAUL BRADLEY / BRADLEY MARINE, L.L.C.
Agenda Item 3
Page 12
; I I lw
Item #3
Paul Bradley d/b/a Bradley Marine, L.L.C.
Conditional Use Permit
588B Central Drive
District 6
Beach
August 13, 2014
CONSENT
An application of Paul Bradley d/b/a Bradley Marine, L.L.C. for a Conditional Use Permit (boat
and vessel repair and bulk storage yard) on property located at 588 B Central Drive, District 6,
Beach. GPIN:14967648040000.
CONDITIONS
1. All conditions attached to the Conditional Use Permits granted by City Council on May, 12
1992, October 13, 1992 and October 29, 1996, and subsequent Modification of Conditions
granted on lune 24, 2008, shall be deleted and replaced with the following:
a. With the exception of any modifications required by any of these conditions, use of the site
may include bulk storage, motor vehicle repair garage, and boat and vessel repair, and shall
be developed and maintained substantially in conformance with the submitted site plan
entitled "PARKING PLAN OF LOT 24, LONDON BRIDGE INDUSTRIAL PARK II, PHASE ONE AND
LOT 41, LONDON BRIDGE INDUSTRIAL PARK II, PHASE TWO FOR OCEAN PROPERTIES, LLC,"
prepared by John E. Sirine and Associates, Ltd. and dated March 30, 2011.
b. Stormwater management facilities shall be provided to control runoff in accordance with
the provisions of the Stormwater Management Ordinance.
c. No outside storage of equipment, parts, or materials shall be permitted.
d. All automobile and boat repair work shall be performed inside the building.
e. No more than 50 inoperative vehicles awaiting parts or undergoing damage evaluation for
insurance processing may be stored on the subject site at any given time. No inoperative
vehicle may be stored on-site for more than 30 days.
f. Boats awaiting service or pick-up shall be stored in the area marked as "BOAT STORAGE
AREA" on the submitted site plan.
g. The bulk storage yard and automobile and boat repair garages shall be enclosed by a six-
foot high solid fence with Category I landscape screening adjacent to Central Drive and
lw
Item #3
Paul Bradley d/b/a Bradley Marine, L.L.C.
Page 2
Industry Lane. The existing chain-link fencing along the property lines not adjacent to rights-
of-way is acceptable for screening purposes.
h. All curb-cuts accessing the site shall be paved.
i. The automotive repair garage parking area shall be paved, curbed, and guttered.
j. Any new signage shall obtain a permit from the Planning Department / Zoning Office.
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
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote 11-0, the Commission approved item 3 by consent.
There was no representative.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: PRINCESSBORO DEVELOPMENT (Applicant & Owner), Change of Zoning
(AG-2 Agricultural to Conditional B-2 Community Business). 1901
Sandbridge Road (GPIN 2414316172). PRINCESS ANNE DISTRICT.
MEETING DATE: September 16, 2014
¦ Background:
The applicant proposes to rezone the existing site, which is currently zoned AG-2
Agricultural District, to Conditional B-2 Community Business District for the
purpose of developing 7.56 acres of a 23.53-acre site for a retail garden center.
On August 19, 2014, the City Council deferred this application to the September
16 meeting for the purpose of providing the applicant time for further discussion
and revision of the proffered plan. Based on subsequent discussion between the
applicant, staff, the Transition Area - Interfacility Traffic Area Citizen Advisory
Committee (TA-ITA CAC), and the District Councilmember, the applicant has
revised the proffered site plan and has also proffered a landscape plan.
The 23.53-acre site was established through subdivision of a 56.01-acre site in
2012. That subdivision created the lots associated with the 2009 Conditional
Change of Zoning of the property to the west to B-2 Community Business and 0-
2 Office. The subject parcel was not part of that zoning change, but the layout of
the subdivision provided the site with frontage on Fisher Arch, reducing the
potential for direct access to the subject site from Sandbridge Road. A previous
subdivision plat, recorded in 2005, reserved 3.71-acres of the site adjacent to
Sandbridge Road for future widening of Sandbridge Road.
¦ Considerations:
The site design shows the parking lot in front of the main retail building, which is
centered on the site and consists of 21,279 square feet of floor area. Connected
to the rear of the main building is a covered 11,726 square foot greenhouse. The
area within the store devoted to cafe seating is 5,598 square feet; the area of
greenhouse devoted to cafe seating is 2,065 square feet. An outdoor sales area,
consisting of 53,020 square feet, is located adjacent to the northern and eastern
sides of the greenhouse and retail building. A six-foot high wrought-iron style
fence is located along the periphery of the outdoor sales area. The site plan also
shows a 1,625 square foot service building located at the southwestern corner of
the outdoor sales area.
PRINCESSBORO DEVELOPMENT
Page 2 of 3
Based on the floor area of the garden center's outdoor sales area and
greenhouse, the cafe, and the retail space, the Zoning Ordinance requires 262
parking spaces for the proposed development. The site plan shows a total of 178
parking spaces. The applicant explained to staff that the reduced number of
parking spaces is sufficient for the store (based on the history of their Newport
News store). Moreover, the lower number of parking spaces eliminates what
would have been a higher percentage of the site devoted to impermeable
surfaces. To address the parking space deficiency, the applicant is submitting a
parking study to the Zoning Administrator per Section 203(b)(11) of the Zoning
Ordinance.
Further details pertaining to the site, building, and landscape designs, as well as
Staff's evaluation of the request, are provided in the attached staff report.
There was no opposition to the request.
¦ Recommendations:
The Planning Commission passed a motion by a recorded vote of 11-0, to
recommend approval of this request to the City Council as proffered.
PROFFER 1:
When the Property is developed, it shall be developed substantially as shown
on the exhibit entitled "REZONING EXHIBIT OF PROPOSED ANDERSON'S
HOME AND GARDEN CENTER FOR PRINCESSBORO DEVELOPMENT",
dated 02/ 06/14, prepared by Kellam Gerwitz, P.C., which has been exhibited to
the Virginia Beach City Council and are on file with the Virginia Beach
Department of Planning (hereinafter referred to as the "Conceptual
Development Plan").
PROFFER 2:
When the Property is developed, the structures depicted on the Conceptual
Development Plan shall be developed using architectural designs, materials and
colors substantially as designated and shown on the three (3) exhibits entitled
"ANDERSON'S HOME AND GARDEN SHOWPLACE" (a) "Elevation -
Sandbridge Road", (b) "Perspective" and (c) "Material Color Selections",
prepared by arci architects, copies of which have been exhibited to the Virginia
Beach City Council and are on file with the Virginia Beach Department of
Planning (hereinafter referred to as the "Elevations").
PROFFER 3:
The freestanding sign depicted on the Conceptual Development Plan shall be a
monument style sign substantially as depicted on the exhibit entitled
"ANDERSON'S HOME AND GARDEN SHOWPLACE, Elevation - Street
Signage", prepared by arci architects, a copy of which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning (hereinafter referred to as the "Sign Elevation").
PRINCESSBORO DEVELOPMENT
Page 3 of 3
PROFFER 4:
When the Property is developed, it shall be extensively landscaped in
substantial compliance with the detailed landscape plans designated
"LANDSCAPING SHEET OF ANDERSON'S SHOWPLACE", Sheet L1 and
"LANDSCAPE NOTES & DETAILS OF ANDERSON'S SHOWPLACE", Sheet
L2 presented by Kellam Gerwitz, P.C., which have been exhibited to the Virginia
Beach Department of Planning (the "Landscape Plan").
PROFFER 5:
Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City Codes by all cognizant City
Agencies and departments to meet all applicable City Code requirements.
¦ Attachments:
Staff Report and Disclosure Statements
TA-ITA CAC Design Subcommittee Comments
Minutes of Planning Commission Hearing
Location Map
Recommended Action: Staff recommends approval. Planning Commission
recommends approval.
Submittin9 DePartmenUA9encY: Plannin9 DePartment
City Manager:
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11
July 9, 2014 Public Hearing
(report revised for 9/16/14 City
Council meeting based on
most recent proffered plan)
APPLICANT & PROPERTY
OWNER:
PRINCESSBORO
DEVELOPMENT
STAFF PLANNER: Stephen J. White
REQUEST: Chanae of Zoninq (AG-2 Agricultural District to Conditional B-1 Community Business
District)
ADDRESS / DESCRIPTION: 1901 Sandbridge Road
GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ:
24143161720000 PRINCESS ANNE Total Site Area: 23.53 acres 65 to 70 d6 DNL
Area to be Rezoned: 7.56 acres AICUZ (Sub Area
2)
BACKGROUND / DETAILS OF PROPOSAL
Backpround
The applicant proposes to rezone the existing site, which is currently zoned AG-2 Agricultural District, to
Conditional B-2 Community Business District for the purpose of developing 7.56 acres of a 23.53-acre
site for a retail garden center.
The 23.53-acre site was established through subdivision of a 56.01-acre site in 2012 (Instrument Number
20120615000663450). That subdivision created the lots associated with the 2009 Conditional Change of
Zoning of the property to the west to B-2 Community Business and 0-2 Office. The subject parcel was not
part of that zoning change, but the layout of the subdivision provided the site with frontage on Fisher
Arch, reducing the potential for direct access to the subject site from Sandbridge Road. A previous
subdivision plat, recorded in 2005, reserved 3.71-acres of the site adjacent to Sandbridge Road for future
widening of Sandbridge Road.
Details of Proposal - Site Desiqn
• Vehicular access to the site is located on Fisher Arch in two locations. One access point, located
approximately 300 feet south of Sandbridge Road is primarily intended for customers. A second
PRINCESSBORO DEVELOPMENT
Agenda Item 11
Page 1
access point located approximately 450 feet south of Sandbridge Road is primarily intended for
delivery and service trucks, but remains accessible to customers.
The design of the site locates the parking lot in front of the main retail building, which consists of
21,274 square feet of floor area. Connected to the rear of the main building is a covered 11,726
square foot greenhouse. A cafe area is located within an area of the retail store and the
greenhouse. The area within the store devoted to cafe seating is 5,598 square feet; the area of
greenhouse devoted to cafe seating is 2,065 square feet. An outdoor sales area, consisting of
53,020 square feet, is located adjacent to the northern and eastern sides of the greenhouse and
retail building. A six-foot high wrought-iron style fence is located along the periphery of the
outdoor sales area. The site plan also shows a 1,625 square foot service building located at the
southwestern corner of the outdoor sales area.
There are 171 parking spaces located between the front of the retail building and Fisher Arch and
an additional 7 parking spaces at the cafe side of the building; thus, a total of 178 parking spaces
are provided. Consistent with Section 246 of the Zoning Ordinance (Retail Design Standards), a
25-foot wide landscaped pedestrian connection between Fisher Arch and the front of the store is
located in the center of the parking lot. A second pedestrian connection is located between
Sandbridge Road and the north side of the store, closest to the outdoor sales area. The Retail
Design Standards also require that the parking lot not be closer than 30 feet to the public right-of-
way, and that the area be landscaped. The submitted plan meets that requirement.
Located at the southern corner of the intersection of Fisher Arch and Sandbridge Road is an 8-
foot high, 12-foot wide monument-style sign.
Based on the floor area of the garden center's outdoor sales area, the cafe, and the retail space,
the Zoning Ordinance requires 262 parking spaces for this use. As noted above, 178 parking
spaces are being provided. To address the deficiency, the applicant is submitting a parking study
to the Zoning Administrator per Section 203(b)(11) of the Zoning Ordinance.
In addition to automobile parking, the Zoning Ordinance requires motorcycle and bicycle parking
spaces for this zoning district. The number of spaces devoted to each is based on the number of
overall spaces. Six motorcycle spaces are required; however, those spaces are not shown on the
site plan. Staff will require the developer to show the location devoted to such spaces during
development site plan review. Parking spaces for seven bicycles are required. The site plan
shows the required bicycle parking area within the 25-foot wide landscaped connection between
the store and Fisher Arch.
A delivery and service vehicle area is located south of the retail building and outdoor sales area.
The area is wide enough to allow for delivery vehicles to enter, and then, turn around and exit the
site. The trash dumpsters are also located within this area. The dumpsters will be enclosed with
materials matching the exterior of the building.
The proffered site plan shows a 50-foot wide landscaped buffer area between the development
site and the future Sandbridge Road right-of-way. Located within this buffer is an eight-foot wide
multi-purpose trail. There is an existing trail adjacent to this portion of Sandbridge Road; thus, the
trail shown on the proposed site plan will replace that existing trail segment. The section of
Sandbridge Road has recently been designated by the Capital Improvement Program for
improvement. Accordingly, there may be a need for the applicant to coordinate the construction of
the trail and other required improvements adjacent to Sandbridge Road with the design of the
roadway improvements.
The proffered site plan shows that the stormwater management facility will be located on the
eastern 110 feet of the site. A proposed 20-foot wide drainage easement is shown on the plan,
which will connect the proposed stormwater facility with a major ditch that drains this general area
of the city.
PRINCESSBORO DEVELOPIVIf NT
Agenda Item 11
Page 2
Details - Buildinq Desiqn
• The building design is primarily that of a retail commercial building, consisting of a rectangular
layout enclosed by walls that are slightly higher than a standard one-story building and covered
by a flat roof. The primary exterior facade material is a rough-texture wall panel.
. The front faCade is enhanced by a projecting main entrance area that features a covered
entrance with a hipped roof supported by columns. The exterior roof material is a green standing
seam metal. The exterior walls of this area consist of Hardieplank° lap siding in three different
colors and three large windows are located on both sides of the doors for the store. The highest
point above the main entrance is further enhanced with a roofed skylight area.
• A second architectural feature that enhances the front faCade is located on the northern end at its
intersection with the north-facing faCade. This feature replicates the design of the main entrance
area with the same style and colors for the siding and roof. Similarly, a window of the same style
is located within the faCade of this building feature.
The access to and from the parking lot for the outdoor garden sales area is emphasized with a
building that is designed with the same style, materials, and colors or the other architectural
features on the main building.
LAND USE AND COMPREHENSIVE PLAN
EXISTING LAND USE: Undeveloped - formerly used for the cultivation of crops.
SURROUNDING LAND North: . Sandbridge Road
USE AND ZONING: . Religious Facility (church) / R-20 Residential District
• Red Mill Farms Park / B-2 Community Business
South: . Single-family residential (under development) and
associated open space / R-10 Residential District and P-1
Preservation District
East: • Single-family residential / R-20 Residential District
West: . Fisher Arch
• Undeveloped site / AG-2 Agricultural District
• Undeveloped site / Conditional B-2 Community Business
NATURAL RESOURCE AND The site consists of vegetated fields, divided at equal intervals by
CULTURAL FEATURES: ditches formerly used when the fields were cultivated. Those
ditches connect with a larger ditch that drains the larger area and
connects to Ashville Bridge Creek farther to the north. There are no
known features of cultural significance located on the site.
COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being within the
Transition Area. The Transition Area serves as a unique land use area buffering the low density Rural
Area to the south from the more densely developed Suburban Area to the north. It does this by providing
a hybrid of the two types of development patterns, promoting open space and flexible community
planning that employs the most creative planning and development techniques. Discretionary
development proposals within the Transition Area should be well-planned by adhering to the planning and
design principles cited in the Transition Area Design Guidelines. All projects should seek to employ
energy efficient systems, preferably equivalent to or higher than the standards set for the Leadership in
Energy and Environmental Design (LEEDT^^) `Certified' rating, (p. 4-1 to 4-4, 4-19).
PRINCESSBORO DEVf LOPMf NT
Agenda Item 11
Page 3
The Transition Area / ITA Citizen's Advisory Committee (ITAITA CAC) Design Review Subcommittee
(DRS) received its first briefing on the proposal on January 23, 2014. At that time, the developer
described a concept of interconnected pathways, use of the outdoor nursery area as open space,
irrigation with filtered stormwater, as well as greenhouses with removable roofs. No proposed
architectural renderings or site plan were available at that time; therefore, the proposal was provided only
through description from the developer. However, one the objectives, as stated by the developer, was to
reduce impervious surfaces by designing the parking lot with large landscaped islands, and building the
parking lot it in phases by "land banking" sections for future expansion, should it be needed. As described
at that time, the DRS was generally supportive of the concept, subject to a second review consisting of
the proposed architectural renderings and the preliminary site plan.
On May 6, 2014, the developer presented the proposed architectural renderings and site plan to the DRS.
Based on the renderings and site plan presented at that meeting, the DRS concluded that the proposed
building and site plan design was not in keeping with the character and vision for the Transition Area, as
expressed by the policies of the Comprehensive Plan for the Transition Area. The DRS found many
aspects of the site plan, building design, and overall commercial concept proposal that were in need of
improvement to maintain the integrity of the Transition Area as a unique section of the city.
In response to the concerns and comments expressed by the DRS at the May 6 meeting, a third
presentation by the developer was provided on July 1, 2014. The DRS recognized the improvements
made to the previous proposal based on the comments provided to the applicant on May 6. Nevertheless,
the DRS recommended additional improvements be made, including (1) introduction of ineasures to the
parking lot that result in reduced impervious surface or enhanced stormwater management, and (2)
further revision of the building design to be consistent with the Transition Area rural style architectural
theme.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP) : Access to
this site is proposed from Fisher Arch, which is a loop road connecting Princess Anne Road and
Sandbridge Road. Fisher Arch is a two-lane local roadway with a sixty (60-ft) right-of-way width. It is not
included on the City's Master Transportation Plan (MTP) Map. Princess Anne Road is a two-lane minor
suburban arterial with a variable-width right of way near the intersection with Fisher Arch. The MTP
indicates an ultimate right-of-way width of 135 feet for a four-lane divided roadway for this section of
Princess Anne Road. Sandbridge Road is a two-lane minor suburban arterial with a variable-width right-
of-way in this location. The MTP shows an ultimate right-of-way width of 135 feet for a four-lane divided
roadway for this section of Sandbridge Road.
A Capital Improvement Plan (CIP) project, Princess Anne Road Phase VII (CIP 2-195) is fully funded in
the current CIP, and is scheduled to begin construction in May 2016 with a completion of May 2018. The
project has recently been modified to include this portion of Sandbridge Road, and the scope of the
improvements proposed for this section of roadway is currently under consideration, while the project is
under design.
PRINCESSBORO DEVftOPMENT
Agenda Itern 11
Page 4
TRAFFIC:
Street Name Present Volume Present Capacity Generated Traffic
13,600 ADT ?
(Level of Service "C"?
Sandbridge Road 13,040 ADT' 15,000 ADT
(CAPACITY / Level of
(2013) Service "D"?
16,200 ADT
(Level of Service "E")
6,200 ADT (Level of
Service "C") Existing Land Use Z-10 ADT
91900 ADT (CAPACITY / Proposed Land Use 3- 2,074 ADT
Fisher Arch No data is available Level of Service "D") (174 PM Peak Hour)
11,100 ADT (Level of
Service "E")
13,600 ADT (Level of
Princess Anne Road 13,000 ADT ' Service "C")
15,000 ADT (CAPACITY
(2013) / Level of Service "D")
16,200 ADT (Level of
Service "E"
Average Daily Trips
2 based on 7.56 acres of Agriculturally-zoned property
3 based on 40,864 SF of Freestandin Discount Store
Comments
Traffic Engineering has reviewed the June 2014 Traffic Impact Study (TIS) Update of the original 2009
Princessboro TIS. The update includes the proposed Anderson Home and Garden Center development.
Traffic Engineering has approved the study methodology and results. Based on our review of the study,
the following comments are provided:
o The TIS concludes that a traffic signal may be warranted at the intersection of Fisher Arch and
Sandbridge Road upon the complete development of the existing Business and Office zoned
parcels along Fisher Arch as well as the proposed Anderson Home and Garden Center.
o A traffic signal at the intersection of Fisher Arch and Sandbridge Road will not be warranted with
the opening of the Home and Garden Center given the limited development at this time of the
remainder of Fisher Arch. The TIS indicates, however, since the intersection will not be
signalized, there will be significant vehicular delays (Level of Service "F") for vehicles turning left
from Fisher Arch to Sandbridge Road in the afternoon peak hour.
o A traffic signal bond will be required during development site plan review for the Anderson Home
and Garden Center, with the amount of the bond to be determined based on projected vehicular
trips generated by the proposed development.
o Traffic Engineering reserves the right to make further detailed comments regarding site and right-
of-way improvements, according to Public Works Standards, during development site plan
review.
WATER: This site must connect to City water. There is an existing 8-inch water line in Fisher Arch and an
PRINCESSBORO DEVELOPMENT
Agenda Item 11
Page 5
existing 10-inch City water line in Sandbridge Road.
SEWER: This site must connect to City sanitary sewer. There is an existing 8-inch gravity sanitary sewer
and 6-inch sanitary sewer force main in Fisher Arch. Analysis of Pump Station #650 and the sanitary
sewer collection system is required to ensure future flows can be accommodated.
EVALUATION AND RECOMMENDATION
The applicant is requesting rezoning of the subject site to B-2 Community Business for the purpose of
developing a retail garden center. The site is located within the Transition Area, which the
Comprehensive Plan designates as an area of the city where use and general character of the land
should be consistent with that transition. The application of the Comprehensive Plan's site and building
design recommendations for non-residential development in the Transition Area could lead to some doubt
as to whether this proposal is consistent with those recommendations, and thus, appropriate for this site.
Discussion and debate on this issue among the staff as part of the overall evaluation of the proposal has
been difficult at times, particularly when input from the Transition Area / Interfacility Traffic Area Citizen
Advisory Committee (TA-ITA CAC) is also factored into the evaluation.
Significant to staff's evaluation, and ultimately conclusion, with regard to the proposed development is the
location of the site, including the adequacy of surrounding infrastructure to support the development. The
site fronts on and the development has its access from Fisher Arch, a recently constructed roadway,
designed to serve retail and office uses associated with a'business park' created through a 2009
rezoning. The northern side of the site is adjacent to a segment of Sandbridge Road programmed for
improvement and widening, thus enhancing its ability to accommodate existing and future traffic volumes.
The use of the site for a non-residential use, particularly one that is lower intensity retail, is appropriate for
a parcel located on a roadway intended to serve such uses. When the parcels located along Fisher Arch
are fully developed, the overall land use character will be such that the proposed development will be
consistent with and compatible with that development. This northern edge of the Transition Area, due to
past rezoning actions, as well as commercial zoning in place for decades, is the center of commercial use
in this area of the city. As noted with a 2013 rezoning for a site at the intersection of Princess Anne Road,
Upton Drive, and Sandbridge Road, this commercial area should be and is the limit of such development
in the Transition Area. Such development should not be allowed farther south on Princess Anne Road
and it should also not be allowed to go any farther east past Heritage Park.
With regard to public utilities, both City water and sewer are available within the Fisher Arch right-of-way.
With regard to traffic impact, a Traffic Impact Study has been conducted, and the results indicate that the
impact on the existing transportation system is acceptable, but as expected, when the business park
along Fisher Arch is completely developed, a traffic control signal will be necessary at the intersection of
Sandbridge Road and Fisher Arch. This signal would be required once the business park fully develops,
with or without the proposed development; therefore, the developer will be required to provide a bond for
a portion of the cost of that signal. In sum, the infrastructure of the surrounding area is capable of
supporting the proposed development, without any negative impacts.
Also related to the location of the site is the site and building design. The location on Fisher Arch at the
intersection with Sandbridge Road influences the degree to which the design of the building should
include architectural details that invoke what is commonly known to be `rural character.' The applicant, in
response to recommendations of the TA-ITA CACs Design Review Committee, has introduced such
PRINCESSBORO DEVEtOPMENT
Agenda Item 11
Page 6
design elements into the building design. For this location, at the eastern end of a business park, staff
concludes that the degree to which the applicant has integrated 'rural' design elements into the building is
appropriate. The design of the site is such that the 50-foot wide landscaped buffer on Sandbridge Road,
the eight-foot high wrought-iron style fence, the 30-foot wide street frontage buffer on Fisher Arch, and
the landscaped nature of the outdoor sales area will create a primarily 'green,' open space character to
the site.
Based on staff's evaluation of the request, as provided above, staff recommends approval of this reauest
as proffered.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).
The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted
these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is
acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit
Court and serve as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
When the Property is developed, it shall be developed substantially as shown on the exhibit entitled
"REZONING EXHIBIT OF PROPOSED ANDERSON'S HOME AND GARDEN CENTER FOR
PRINCESSBORO DEVELOPMENT", dated 02/ 06/14, prepared by Kellam Gerwitz, P.C., which has been
exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of
Planning (hereinafter referred to as the "Conceptual Development Plan").
PROFFER 2:
When the Property is developed, the structures depicted on the Conceptual Development Plan shall be
developed using architectural designs, materials and colors substantially as designated and shown on the
three (3) exhibits entitled "ANDERSON'S HOME AND GARDEN SHOWPLACE" (a) "Elevation -
Sandbridge Road", (b) "Perspective" and (c) "Material Color Selections", prepared by arci architects,
copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia
Beach Department of Planning (hereinafter referred to as the "Elevations").
PROFFER 3:
The freestanding sign depicted on the Conceptual Development Plan shall be a monument style sign
substantially as depicted on the exhibit entitled "ANDERSON'S HOME AND GARDEN SHOWPLACE,
Elevation - Street Signage", prepared by arci architects, a copy of which has been exhibited to the
Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter
referred to as the "Sign Elevation").
PROFFER 4:
When the Property is developed, it shall be extensively landscaped in substantial compliance with the
detailed landscape plans designated "LANDSCAPING SHEET OF ANDERSON'S SHOWPLACE", Sheet
L1 and "LANDSCAPE NOTES & DETAILS OF ANDERSON'S SHOWPLACE", Sheet L2 presented by
Kellam Gerwitz, P.C., which have been exhibited to the Virginia Beach Department of Planning (the
"Landscape Plan").
PRINCESSBORO DEVELOPMENT
Agenda Item 11
Page 7
PROFFER 5:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers are acceptable, as each ensures that development of the site and
building will be as shown on the plans shown within this report and presented to the Planning
Commission and City Council.
The City Attorney's Office has reviewed the proffer agreement dated February 28, 2014 and found it to be
legally sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicable City
Ordinances and Standards. Any site plan submitted with this application may require revision
during detailed site plan review to meet all applicab/e City Codes and Standards. All applicable
permits required by the City Code, including those administered by the Department of Planning /
Development Services Center and Department of P/anning / Permits and Inspections Division, and
the issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use
Permit or Change of Zoning are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the
Police Department for crime prevention techniques and Crime Prevention Through Environmental
Design (CPTED) concepts and strategies as they pertain to this site.
PRINCESSBORO DEUELOPMENT
Agenda Item 11
Page 8
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PRINCESSBORO DEVELOPMENT
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nda Item 11
Page 17
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LUNIIVIi I'lIJ I VKT
# DATE REQUEST ACTION
1 10/12/2012 Conditional Use Permit Communications Tower Granted
2 02/28/2012 Conditional Use Permit bulk stora e Granted
3 02/24/2009 Chan e of Zonin AG-1 & AG-2 to Conditional B-2 & 0-2 Granted
10/31/2013 Modification of Proffers Granted
4 03/28/2006 Change of Zonin (AG-1 & AG-2 to Conditional PD-H2 [R-10 and P-1 Granted
5 06/14/2005 Conditional Use Permit (Child Care Education Center Granted
Rezoning (AG-1 & AG-2 to Conditional R-20 & P-1)
6 08/12/2003 Conditional Use Permit (open space promotion) Granted
Conditional Use Permit outdoor recreation facilit - e uestrian
7 05/25/1999 Chan e of Zonin AG-2 to Conditional B-2 Granted
08/28/1993 Modification of Conditions (church expansion) Granted
8 03/26/1990 Conditional Use Permit church Granted
ar.>n ?.' i??r
PRINCESSBORO DEVELOPMENT
Agenda Item 11
Page 18 J ?
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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 all officers, members, trustees,
partners, etc. below: (Attach list if necessary)
Princessboro Development Company, Incorporated: David E. Kellam, President; Susan F. Fisher, Vice President
Suzanne K. Parker, Treasurer, Catherine Flinn Kellam, Secretary; John S. Kellam, Director, David E. Kellam, Jr., Director
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Aftach list if necessary)
F] Check here if the applicant is NOT a corporation, partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers, members,
trustees, partners, etc. below: (Attach list if necessary)
2. List all businesses that have a parent-subsidiary' or affiliated business entity2
relationship with the applicant: (Attach lisf if necessary)
FICheck 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 n
If yes, what is the name of the official or employee and the nature of their interest?
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DISCLOSURE STATEMENT
PRINCESSBORO DEVELOPMENT
Agenda Item 11
Page 19
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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
senrices, real estate services, financial senrices, accounting services, and legal
services: (Attach list if necessary)
Sykes, Bourdon, Ahern & Levy, P.C.
Kellam Gerwitz, P.C.
Harvey Lindsay Commercial Real Estate
'"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.
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2 "Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code §
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing, I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
? David E. Kellam, President
1;?? V-?a,
Applicanf's ignature Print Name
Property Owner's Signature (if different than applicant)
Print Name
DISCLOSURE STATEMENT
PRINCESSBORO DEVELOPMf NT
Agenda Item 11
Page 20
Transition Area/ITA Citizens' Advisory Committee
Design Review Subcommittee
Comments for the Planning Commission July Agenda
Item# 11 Princessboro Development
On Tuesday July 1, 2014, the Transition Area/ITA Citizens' Advisory Committee Design Review
Subcommittee met to receive a third briefing on the proposed Anderson's Home, Garden,
Boutique, Cafe, and Landscaping Center. The committee commends the improvements made
to the proposal presented on January 23, 2014. For instance, via applicant's acquisition of
additional site acreage, the new proposal incorporates both the BMP and the delivery drive
aisle on to the site layout. Nevertheless, the committee recommends additional
improvements be made in order that the proposal meet the Transition Area Guidelines for
non-residential development. To that end, the committee recommends the following:
RECOMMENDATIONS:
Minimize impervious surface by reducing size of parking lot and/or using pervious pavement
materials and increasing parking area landscaping/green areas.
a. Reduction of the pervious parking lot may be accomplished by shifting the layout of the
structures (including location of outdoor retail space), BMP, and parking lot so that the
majority of the parking area is shielded from the front and side facing Sandbridge Road.
b. Atlantic Garden Center, previously located at the corner of PA Road and General Booth
Blvd. had pervious parking throughout and to the side and back of the building front.
c. See London Bridge Garden Center:
d. Movement of the BMP to a location closer to the impervious runoff area (parking
surface) would also maximize drainage potential from the lot to the BMP to be filtered
before it leaves the site.
e. Movement of the BMP would also encourage incorporation of BMP as site amenity.
2. Design proposed building to be compatible with the TA rural style architecture theme in order to
respect the community character associated with the TA.
a. Atlantic Garden Center, once located at the corner of PA Rd. and General Booth, had a
large veranda-type porch feature spanning the length of the building front. This would
be more in keeping with the thematic illustrated in Transition Area documents provided
to applicant during January meeting.
3. Provide a detailed landscape plan that clarifies fencing type and design, addresses the type and
size of landscaping, and incorporates a landscaped screening buffer along the boundary of the
parcel adjacent to other properties.
4. Convey open space percentages and amenities on site plan.
a. The site plan indicates approximately 33% of this site in open space as landscaping,
buffers, and grassy areas. These amenities and percentages should be included on the
site plan. Retail space, whether open and outside or enclosed and inside, should not be
considered open space.
Item #11
Princessboro Development
Page 2
all we provided was the elevations so you see what the building which is going to look like, that
building, comprises only 16%Z percent of the entire frontage on Sandbridge Road. It will all be
landscaped, again with exception of the parking lot. The site has 56 percent open space. And
open space is what is not a building and what is not a parking lot covered with asphalt, and
what is not a greenhouse. So that 56 percent open space does not include, building,
greenhouse or asphalt parking drive aisles, etc. The building comprises lot coverage of 7.3
percent of the property. It is 7%2 acre piece of property, and the fa?ade of the building is only
16%2 feet in elevation. By contrast, the church across the street, and all of the retail to the west
of this property, the fa?ade of those buildings, range from 24-26 feet on the low end to well
over 40 feet on the high end. The lot coverage on all of those other sites goes from 14 percent
to almost 30 percent for the retail buildings. So, it is a very open and green site that we are,
and you all spoke about this this morning in the informal, because it is a nursery. It is a lot more
than that, but that is essentially what it is as far as the view from the street is concerned. The
Anderson's, before they applied for this It is Princessboro's application and they own the
property but it is really Anderson's application obviously. Before applying, they met with the
TA/ IT Citizens Advisory Committee, and I was told, I was not there, I'm told it was a very
positive meeting; so, they proceeded putting together plans, and had me on behalf of them and
Princessboro, file this application. They met a second time with the Committee back in May,
and actually it was with a subcommittee. It happened to be a very positive day. It was the day
the City Council was about to approve the new CIP, again, Ms. Henley was successful in getting
much needed improvements to Sandbridge Road in that CIP. And as a result, we did need to
change the plan because it didn't have that additional 50-foot butter. We needed to move it
back as Dr. White described this morning has been done. The other main thing at that second
meeting, which again, the Anderson's presented, it is a family business. They've never
developed any real estate in their lives. Their elevations that they had done were not, and I
have to agree, the elevations were not attractive enough. They were not particularly
appropriate in terms of their appearance, and there was a lot of other discussion at that
meeting; so, they went back and they were encouraged to do so by the subcommittee to their
credit, and they went back and revised the elevations to what you have today. At the third
meeting, which was the second meeting with the subcommittee which I presented, I felt like
the subcommittee was for the most part very appreciative of the improvements that had been
made to the building and there was some concern about it not being rural enough, and that is
okay. These are business folks. It's their business. They have been very successful with their
business. We think it is rural enough. I believe it is more rural than anything else that is out
there. It is certainly more in keeping with the Equi-Kids facility to the east than it is with
anything to the west, and most importantly we believe, and my clients believe very much so,
that this will be a show place. It will be a very successful place, and one that everyone in the
community will come to and will enjoy. That is what they hope will be the case. It has certainly
been the case with their facility on Jefferson Boulevard in Newport News. And we appreciate
everyone's time and effort and look forward to moving on to City Council.
Item #11
Princessboro Development
Page 3
Dave Redmond: Are there any questions for Mr. Bourdon? No questions for Mr. Bourdon.
Thank you Mr. Bourdon. You can hang close just in case there is any rebuttal necessary. Mr.
Thornton?
Bob Thornton: We have no one to speak in opposition.
Dave Redmond: We have no speakers in opposition. Mr. Bourdon, therefore, does not need
another bite at the apple. So, we will close up the public hearing and open it up for discussion
amongst the members. Mr. Horsley.
Don Horsley: Mr. Chairman, as we discussed this morning, this is a home and garden center. I
think that the applicant has done an outstanding job of ineeting the concerns of the Citizen's
Advisory Group. I think the landscaping and whatever will be there for the home and garden
center, the buffer along Sandbridge Road, the entrance does not enter on Sandbridge Road, it is
Fishers Arch. I think when the development, as stated this morning, I think when the
development of this whole area is completed, this home and garden center will kind of be a
beautiful entrance to that area with the landscaping and the building that is going to be there.
And, in my way of thinking, it does meet the rural character of the area. So, with that being
said, I'm prepared to make a motion that we approve the application as we have today in our
packet.
Jan Rucinski: Second.
Dave Redmond: Is there any other discussion? I just want to say one piece, and that is that I
live very near a garden center in an entirely different part of the city, and i found that it is a
tremendous asset to our community and it draws people out of our neighborhoods and other
places, and it is a truly, enjoyable place particularly for me on Saturday or a Sunday morning,
and I don't understand, frankly, why there was, what I would consider to be, quite of bit of
anxiety about the potential use of this property. I think this is an ideal use virtually in any place
and adjacent to any neighborhood on virtually any roadway. But certainly within a Transition
Area, a garden center that highlights planted material and is both a credit and an attraction to
homeowners and people who want to beautify their home or their business or any place else.
That strikes me as an ideal use. And I think it will be a real asset to this community. So I think it
is a fine building. The materials are excellent materials of high quality that are meant to last
and maintain their appearance for a very long time. And I think, as I said, this is going to be a
real credit to the community. So, I appreciate the work that the applicant has done to get it
here, and I look forward to seeing it, visiting it many years to come. Is there anybody else?
Mike Inman: I feel like the Andersons are being welcomed here to Virginia Beach and that this
is an outstanding looking facility. It seems very appropriate for the area in terms of need and
where it is situated, and I would hope that we could approve this application.
Item #11
Princessboro Development
Page 4
Dave Redmond: Thank you Mr. Inman. Are there any other comments? There is a motion on
the floor made by Commissioner Horsley and seconded by Ms. Rucinski, thank you. We are
ready to vote.
AYE 11 NAY 0
ABS 0 ABSENT 0
BROCKWELL AYE
HODGSON AYE
HORSLEY AYE
INMAN AYE
OLIVER AYE
REDMOND AYE
RIPLEY AYE
RUCINSKI AYE
RUSSO AYE
THORNTON AYE
WEINER AYE
By a vote of 11-0, the Commission recommended approving item 11 Princessboro
Development.
Eddie Bourdon: Thank you very much.
Dave Redmond: Thank you Mr. Bourdon: Are there any other matters to come before this
Commission? Anybody? Last chance? Okay, we are adjourned. See you next month.
CITY OF VIRGINIA BEACH
1NTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-8922
TO: Mark D. Stiles
FROM: B. Kay Wilson
DATE: August 11, 2014
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application; Princessboro Development
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on August 19, 2014. I have reviewed the subject proffer agreement, dated
February 28, 2014 and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Kathleen Hassen
PRINCESSBORO DEVELOPMENT COMPANY, INCORPORATED, a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 28th day of February, 2014, by and between
PRINCESSBORO DEVELOPMENT COMPANY, INCORPORATED, a Virginia corporation,
Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, Grantee.
WITNESSETH:
PREPARED BY:
ij,, C SYkES, DOURI90N.
MU All FRN &LEVY, I'.C.
WHEREAS, the Grantor is the owner of a 26.303 acre parcel of property located in
the Princess Anne District of the City of Virginia Beach, designated as Parcel D-2A and
described in Exhibit "A" attached hereto and incorporated herein by reference; and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of
the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the
Zoning Classifications of a 7.56 acre portion of Parcel D-2A (hereinafter referred to as the
"Properly") from AG-2 Agricultural District to Conditional B-2 Commercial District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of the
Property and at the same time to recognize the effects of change, and the need for various
types of uses, certain reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to land similarly zoned are
needed to cope with the situation to which the Grantor's rezoning application gives rise; and
GPIN: Part of 2414-31-6172
Prepared by:
R. Edward Bourdon, Jr., Esquire
Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
VSB #22i6o
1
PREPARED BY:
: : SMS, I$OURDON.
r'.R AIIFRN & L£VI', P.C.
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map, in addition to the regulations provided for the B-2 Zoning District by the
existing overall Zoning Ordinance, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted as a part of said
amendment to the Zoning Map relative and applicable to the Property, which have a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, representatives, assigns,
grantees, and other successors in title or interest, voluntarily and without any requirement
by or exaction from the Grantee or its governing body and without any element of
compulsion or auid pro -quo for zoning, rezoning, site plan, building permit, or subdivision
approval, hereby makes the following declaration of conditions and restrictions which
shall restrict and govern the physical development, operation, and use of the Property and ,
hereby covenants and agrees that this declaration shall constitute covenants running with
the Property, which shall be binding upon the Property and upon all parties and persons ,
claiming under or through the Grantor, its successors and assigns, grantees, and other
successors in interest or title:
i. When the Property is developed, it shall be developed substantially as shown
on the exhibit entitled "REZONING EXHIBIT OF PROPOSED ANDERSON'S HOME AND
GARDEN CENTER FOR PRINCESSBORO DEVELOPMENT", dated 02/06/14, prepared
by Kellam Gerwitz, P.C., which has been exhibited to the Virginia Beach City Council and
are on file with the Virginia Beach Department of Planning (hereinafter referred to as the
"Conceptual Development Plan").
2. When the Property is developed, the structures depicted on the Conceptual
Development Plan shall be developed using architectural designs, materials and colors
substantially as designated and shown on the three (3) exhibits entitled "ANDERSON'S
HOME AND GARDEN SHOWPLACE" (a) "Elevation - Sandbridge Road", (b)
"Perspective" and (c) "Material Color Selections", prepared by arci architects, copies of
which have been exhibited to the Virginia Beach City Council and are on file with the
Virginia Beach Department of Planning (hereinafter referred to as the "Elevations").
3. The freestanding sign depicted on the Conceptual Development Plan shall be
a monument style sign substantially as depicted on the exhibit entitled "ANDERSON'S
HOME AND GARDEN SHOWPLACE, Elevation - Street Signage", prepared by arci
2
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architects, a copy of which has been exhibited to the Virginia Beach City Council and is on
file with the Virginia Beach Department of Planning (hereinafter referred to as the "Sign
Elevation").
4. When the Property is developed, it shall be extensively landscaped in
substantial compliance with the detailed landscape plans designated "LANDSCAPING SHEET OF ANDERSON'S SHOWPLACE", Sheet Li and "LANDSCAPE NOTES &
DETAILS OF ANDERSON'S SHOWPLACE", Sheet L2 presented by Kellam Gerwitz, P.C.
which have been exhibited to the Virginia Beach City Council and are on file with the ?
Virginia Beach Department of Planning (the "Landscape Plan").
5. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
All references hereinabove to the AG-2 and B-2 Districts and to the requirements
and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of
approval of this Agreement by City Council, which are by this reference incorporated ?
herein.
The above conditions, having been proffered by the Grantor and allowed and '
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is
part of a comprehensive implementation of a new or substantially revised Zoning
Ordinance until specifically repealed. The conditions, however, may be repealed,
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and executed by the record owner of the
Property at the time of recordation of such instrument, provided that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the I
Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code I,
PREPARED BY:
: SYUES, RoURDON, of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
r''itl Afl ER1v & LEVy, P.C. said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
3
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 and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied, and (b) to bring legal action or suit to insure compliance with
such conditions, including mandatory or prohibitory injunction, abatement, damages, or
other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantor shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed
in the names of the Grantor and the Grantee.
PREPARED BY:
43: SYKES, BOURDON,
Oil AxRN & L?'Vl', P.C.
4
WITNESS the following signature and seal:
Grantor:
Princessboro Development Company, Incorporated,
a Virginia corporation
ft ? ?
By: -t _?f :?-- ;(SEAL)
David E. Kellam, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 4th day of March, 2014;,
by David E. Kellam, President of Princessboro Development Company, Incorporated, at
Virginia corporation, Grantor.
? GTIM?&_
Notary Public
PREPARED BY:
018 SYIC£S, BOURI?ON,
Gjil A14ERN & LEVI'. P.C
My Commission Expires: August 31, 2014
Notary Registration Number: 192628
5
EXHIBIT "A"
PARCEL D-2A
ALL THAT certain lot, piece or parcel of land with any improvements thereon, situate,
lying and being in the City of Virginia Beach, Virginia, and being known, numbered and
designated as Parcel D-2A as shown on that certain plat entitled, "SUBDIVISION OF
SANDBRIDGE MARKETPLACE (Instr. No. 20051228002079030) (MB iio, PG 19)
Virginia Beach, Virginia", prepared by MSA, P.C., dated June 29, 2011, which said plat is
duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, as Instrument Number 2012o615000663450•
GPIN: 2414-31-6172
REZONING PARCEL (the "PROPERTY")
ALL THAT CERTAIN PIECE OR PORTION OF "PARCEL D-2A", gpin 2414-31-6172,
located in the Princess Anne District of the City of Virginia Beach, Virginia, containing 7.56
acres and being more particularly described as follows:
BEGINNING at a point on the eastern right of way line of Fisher Arch at the point of
intersection with the southern boundary line of a"Right of Way Reservation Area = 20,541
SF OR 0.472 AC." granted to the Ciry of Virginia Beach, Virginia as depicted and described
on that Plat recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, as Instrument Number 2005122800207903o and from said point of beginning
running South 50° 04' 20" East, 684.07 feet along the southern boundary of the afore
referenced "Right of Way Reservation Area = 20,541 SF or 0.472 AC." to a point; thence
South 39° 57' 18" West, 497.86 feet to a point; thence North 50° 02' 42" West, 514.65 feet
to a point; thence North 26° 26' 06" West, 178.29 feet to a point along the eastern right of
way line of Fisher Arch; thence following the eastern right of way line of Fisher Arch along
the arc of a curve to the left with a radius of 230.01 feet in a northeasterly direction an arc
length of 119.22 feet; thence along the eastern right of way line of Fisher Arch North 33°
52' oo" East, 176.33 feet; thence along the eastern right of way line Fisher Arch along the
arc of a curve with a radius of 969•94 feet in a northeasterly direction an arc length of
108.6o feet; thence following the eastern right of way line of Fisher Arch North 40° 16' 53"
East, 26.20 feet to the Point of Beginning.
PART OF GPIN: 2414-31-6172
PREPARED Bv: H:\AM\Conditional Rezoning\Princessboro Development\Anderson's Home & Garden\Proffer 6-19-14.doc
018 SYkES, wURIDON,
gil AlIERN & LEVY. P.C.
K. APPOINTMENTS
BOARD OF ZONING APPEALS
CHESAPEAKE BAY PRESERVATION BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
*******?****?****************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
****r**r*****?************?***
CITY COUNCIL MEETINGS RESCHED UL ED
EFFECT/VE: JUNE l, 2014
FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS
FIRST TUESDAYS: OPEN CITIZEN DIALOGUE
SECOND/FOURTH TUESDAYS: WORKSHOPS - 4: 00-6:00 PM
CITY COUNCIL WINTER RETKEAT
Economic Development Conference Room
Town Center
Suite 700, 9525 Main Street
January 5-6, 2015
8: 30 AM to S: 00 PM
2014 CITYHOLIDAYS
Y crderr,rtrs Dnj' - Trre.stlrrY, Novnrnber 11
Thurrksgivr'ng Mct' «rrc! Dat' trfter 7lxcrrrlc.cgiving -
"I'ttursttay, A'«ncrinber 27 irnd Frirfqy> ld'onventher Zt;
C/rri.slrnirs f:ve (7xrrlf-rli7)'1 - 14'c>drec.0rr7', t')ec•ember?4
ChrAirrrrr.+ Dat` - 7lrrar0rri'_ Det•errrber 25
CITY OF VIRG/N/A BEACH
SUMMARY OF COUNC/L ACTIONS
R
O
S
DATE: 09/02/2014 PAGE: I S-
H S
AGENDA H M A E W
I fk:M # SUBJEC'T MO"TION VOT[ E J A M S U I
D N O K R M M S H 1. W
Y L N A T O O O R S O
E E E N I S N M 1 O O
R Y S E N S D S N N D
VA SCHOOL SiGNS Karen Lasley, Zoning
Administratot
Tony Arnold, Director
of Facili[ies Planning
and Construction -
Schools
E3 LEGISLATIVE AGENDA Robert Matthias,
Assistant to the City
Mana er
II/lll/NN/ CERTIFICA7'ION OF CLOSED CER1'IFIED 1 1-0 Y Y Y Y Y Y Y Y Y Y Y"
VI-E SESSION
F' MINUTES APPROVED 10-0 Y Y Y A Y Y Y Y Y Y Y
B
August 19, 2014 S
T
A
1
N
E
D
G/11/1 MAYOR'S PRESENTATIONS
RESOLUTION IN MEMOR1i1M - Mary Honorable Delega[es
Russo Bill DeSteph and
Ron Villanueva
Ken Cummings, 2014
Chair
2 PRESENTATION OF KING NEPTUNE
XLI, THOMAS A. BARTON, III and
COURT Norwood Thomas
3 D-DAY COMMEMORATION REPORT
1/1 PLBLIC HEARING:
EXCESS CI'i'Y-OWNED PROPERTY No Speakers
253-257 Roselynn Lane
J/I Ordinance to DECLARE EXCESS ADOP1'ED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
NROPER7'Y at 253/257 Roselynn CONSENT
Lane/AUTHORIZE sale to Betty S.
Rouse
C/TY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
R
O
S
DATE: 09/02/20 ] 4 PAGE: 2 S-
H S
AGGNDA H M A E W
(TEM # SUBJECT MOT10N VOTF? F 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
F F. E N 1 S N M I O O
R Y S E N S D S N N D
2 Ordinances to AUTHORIZE temporary ADOPTED, BY I 1-0 Y Y Y Y Y Y Y Y Y Y Y
encroachments into of City-owned rights- CONSENT
of-way for:
a. CHESAPEAKE BAY
FOUNDATIONinto Marlin Bay
Drive re "Brock Environmental
Center"
b. TCA BLOCK ll OFFICE,
LLC/TCA BLOCK 11 GARAGE,
LLC/TOWN CENTER
CONDOMINIUM 11 OWNERS
ASSOC. re overhangs/canopies at
Main Street/"I'own Center Drive
3 Ordinances to ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
ACCEPT/APPROPRIATE/ CONSENI
TRANSFER funds.
a. $257.14 to 2012-13 FOUR FOR
LIFE
b. $200A0 from Fire Department's GiTt
Fund re Station 11
c. $1,155,151 re Pacific Avenue Water
Improvements
4 Resolution to RESCHEDULE Nov 4, ADOP7 ED, BY 1 1-0 Y Y Y Y Y Y Y Y Y Y ti'
2014, City Council Session to Nov 25, CONSENT
2014/CANCEL Nov 11, 2014 Briefing
Session
K/1 VA WESLEYAN COLLEGE Street APPROVED/ II-0 Y Y Y Y Y Y Y Y Y Y ti'
Closure: portion of Burma Road CONDITIONED, BY
"
DISTRIC7 4 - BAYSIDE l
CONSEN
2 SUNDIN DENTAL CENTER, LLC APPROVED/ 11_0 y Y Y Y Y Y Y Y Y Y Y
Modification of PROFFERS re space of a CONDITIONED, BY
Conditional COZ re retail/oftice uses at CONSENT
1385 Laskin Road
DISTRICT 6 - BEACH
3 DIANA BUHRMANN/HOOPER APPROVED/ 11_0 y Y Y Y Y Y Y Y Y Y Y
MANAGF.MENT CO. CUP re Home COND[TIONED, BY
CONSENT
Family Child Daycare at 3245 Florence
Street
DISTRICT 6 - BEACH
4 ANTOINETTE HENDERSON/BRIAN APPROVED/ 11_0 y Y Y Y Y Y Y Y Y Y Y
and KIM MOSES CUP re Home Family CONDITIONED, BY
Child Daycare 1812 Brownstone Court CONSENT
DISTRICT 1 - CENTERVILLE
CITY OF V/RG/N/A BEACH
SUMMARY OF COUNCIL ACT/ONS
R
O
S
DA' f E. 09/02/2014 PAGE: 3 S-
H S
AGENDA H M A E W
ITEM tt SUBJECT MOTION VOTE g ) 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 1 O O
R Y S E N S D S N N D !
5 SOLfTHERN PERFORMANCE/ APPROVED/
'
' 11_0 Y Y Y Y Y Y Y Y Y Y Y
BROTHERS TOO, LLC CUP re vehicle IONF.D, QY
CONDI
i
"
repair at 5156 Virginia Beach Boulevard l
CONSEN
DISTRICT 4 - BAYSIDE
6 CAMERON JLISTIN APPKOVED/ 11_0 Y Y Y Y Y Y Y Y Y Y Y
MUNDEN/GRANTED WISH, LLC CONDITIONED, BY
"
'
CONSEN
I
CUY re bulk storage at 853 South
Birdneck Road
DISTRICT 6 - BEACH
7 Ordinance to AMEND Sec 211 of CZO A-'PROVED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
re signage Tor schools CONSENT
L CHESAPEAKE BAY RF,SCHEDULED B y C O N S E N S U S
PRESERVATION BOARD
VIRGiMA BEACH COMMLJNITY
DEVELOPMENT
CORPORATION
BOARD OF ZONING APPEALS Appointed Unexpired 1 1-0 Y Y Y Y Y Y Y Y Y Y Y
thru 12/3 1/14 + 5-Yr
Term Ul/1> -
I 2/3 I /20
C. David Whitley
M/NO ADJOURNMENT 627 PM
NUBLIC COMMF.NT 628-6:36 PM
3 Speakers
CITY COIINCIL
FALL RETREAT
Economic Development Conference
Room
Town Center
September 8, 2014
8:30 AM to S: 00 PM
C/7'Y OF V/RG/NIA BEACH
SUMMARY OF COUNC/L ACTIONS
R
O
S
DA"fE: 09/02/2014 PAGE: 4 S-
H S
AGI:NDA H M A F. W
ITEM # SUBJECT MOT10N VOTE E ] 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 1 O O
R Y S E N S D S N N D
,?,.so?..>N..?....?,..._......w...a?.....M...,a...,...w..tt.<.«.,....,..»...<
. NOVEMBER COUNCIL MEETING SCHEDULE
NOVEMBER 4r" - RESCHEDULED
TO NOVEMBER 25TH
NOVEMBER 11T" - CANCELLED
2014 CITYNOLIDAYS
6'eterans 17crY - Tucsday, N'avenzfier 11
7ltunk:sgiving !)rrr ?rrr?l C)i{t? crfier TYrrrrrk.s,?r?irtg -
Thur•sdny, Nvvemher 27 uirtl FritlttY, ;ti'ovemher 28
Christmas f;"vc: (ha1 f-drry ) - 11%dne.cday. I)ctcc:rnher 24
Cftristnzrrs 1)crr - 7'tudrsrdt{p, C)ccerrrher 25
CITY COUNCIL MEETINGS RESCHEDULED
EFFECTIVE: JUNE 1, 2074
FIRST/THIRD TUESDAYS: BR/EFING//NFORMAL/FORMAL
SESSIONS
FIRST TUESDA YS: OPEN CITIZEN DIALOGUE