HomeMy WebLinkAboutMARCH 8, 2005 MINUTES
CITY OF VIRGINIA BEACH
COMMUNITY FOR A LIFETIME
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DlEZEL Kempsville - District 2
ROBERT M DYER, Centerville - District I
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Princess Anne - District 7
PETER w: SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CI7Y MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES SMITH, MMC
8 March 2005
I.
CITY MANAGER'S BRIEFINGS
- Conference Room -
A. OLD BEACH DISTRICT MASTER PLAN
Robert Scott, Director, Department of Planning
B. KROC and SALVATION ARMY COMMUNITY CENTER SITES
Cindy Curtis, Director, Department of Parks and Recreation
C. NEIGHBORHOOD CHANNEL DREDGING
Dean Block, Director, Department of Public Works
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA ITEMS
IV. INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E-MAiL: Ctycncl@vbgov.com
1:00PM
4:30PM
V. FORMAL SESSION
- Council Chamber -
6:00PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Charles H. Williams
Pastor, Morning Star Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL AND FORMAL SESSIONS
March 1, 2005
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. ORDINANCES/RESOLUTION
1. Ordinance to AMEND Chapters 1-2,6-3,6-5,6-10,6-30,6-114, and 31-28 of the City Code
re the definition of "resort season".(Deferred January 4th, 11 th and February 8th, 2005)
2. Ordinance to AMEND the City's Open Air Cafe regulations to AUTHORIZE Atlantic
Avenue sidewalk cafes between 15th and 24th Streets and ESTABLISH criminal penalties for
the failure to comply with orders closing or revoking the franchises for such cafes (Deferred
February 8th, 22nd and March 1,2005)
3. Ordinance to TRANSFER $2,000,000 from the Debt Service fund and $9,138 from Reserve
for Contingencies to "Police Training Facility" and the Police Department's FY 2004-2005
operating budget re services at the Blackwater Lodge and Training Center; and
AUTHORIZE the City Manager to execute the services contract.
4. Ordinance to AUTHORIZE a temporary encroachment into a portion ofthe right-of-way at
904 Verano Court by JAMES R. and MARL YN V. BROOKS to construct and maintain a
pier. (DISTRICT 7 - PRINCESS ANNE)
5. Resolution to ESTABLISH the public's interest in Cape Henry Beach and AUTHORIZE
acceptance of dedicated public beach easements re implementation of an erosion plan.
J. PLANNING
1. Variance to g4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all
the requirements ofthe City Zoning Ordinance (CZO) for RONALD LEE and PENNY
MICHELE CASON at 6476 Knotts Island Road. (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPROV AL
2. Application ofSENTARA HEALTHCARE at Concert Drive and Princess Anne Road:
(DISTRICT 7 - PRINCESS ANNE)
a. Chanfle of Zoninfl District Classification from Conditional 0-2 Office District to
Conditional B-2 Community Business District
b. Conditional Use Permit for a hospital, athletic club, eating and drinking establishments,
sale of convenience goods and personal services )other than those permitted as principal
uses) and hair care centers
c. Resolution to AUTHORIZE a First Amendment re Sentara Healthcare Development
Agreement
RECOMMENDATION:
APPROVAL
3. Application of the SNYDER FAMILY TRUST at Clearfield Avenue and Virginia Beach
Boulevard: (DISTRICT 2 - KEMPSVILLE)
a. Chanfle ofZoninfl District Classification from R-7.5 Residential District to Conditional
B-2 Community Business District to expand an existing automobile sales and repair
facility
b. Modification of Conditions for a Conditional Use Permit approved by City Council
October 23,2001
RECOMMENDATION:
APPROVAL
4. Application of WORD OF LIFE FAMILY WORSHIP CENTER for a Conditional Use
Permit for a church at 4726 Larkspur Square Shopping Center. (DISTRICT 2-
KEMPSVILLE)
RECOMMENDATION:
APPROV AL
5. Application ofTIDEW ATER INSTITUTE OF SPORTS, L.L.C. for a Conditional Use
Permit re a recreational facility of an outdoor nature at Harpers Road and Dam Neck Road.
(DISTRICT 6 - BEACH)
RECOMMENDATION:
APPLICANT REQUESTS DEFERRAL TO 3/22/05
6. Application of PERFECTING SAINTS WORSHIP CENTER for a Conditional Use
Permit re a church at 620 Baker Road. (DISTRICT 2 - KEMPSVILLE)
RECOMMENDATION:
APPROVAL
7. Application of GARDEN OF THE PINES for a Conditional Use Permit re a pet crematory
at 2685 Salem Road. (DISTRICT 7 - PRINCESS ANNE)
RECOMMENDATION:
APPRO V AL
K. APPOINTMENTS
Community Policy and Management Team - CSA At Risk
Community Services Board
Francis Land House Board of Governors
Health Services Advisory Board
Human Rights Commission
Investment Partnership Advisory Committee
Minority Business Council
Parks and Recreation Commission
Performing Arts theatre Advisory Committee
Personnel Board
The Planning Council
Towing Advisory Board
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 427-4303
Hearing impaired, call: VIRGINIA RELAY at 1-800-828-1120
***********
Agenda 03/08/05 slb
www.vbgov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
8 March 2005
Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re OLD BEACH DISTRICT
MASTER PLAN, in the Council Conference Room, City Hall, on Tuesday, March 8, 2005, at 1:00 PM.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Richard A,
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt,
Rosemary Wilson and James L. Wood
Council Members Absent:
Vice Mayor Louis R. Jones
[Out of the City ]
Ron A. Villanueva
[Entered: 1: 15 PM.]
- 2-
CITY MANAGER'S BRIEFING
OLD BEACH DISTRICT MASTER PLAN
1 :00 P.M.
ITEM # 53665
Robert J Scott, Director of Planning, advised this Briefing re the Old Beach District Plan, is the second of
four (4) presentations which the City Council will be receiving over the next few weeks re Oceanfront related
matters. Information re Building a First Class Resort was presented on February 22, 2005, Resort Area
Mobility is scheduled for March 15, 2005 and on March 22, 2005, Financial and Debt Capacity is
scheduled. Mr. Scott introduced Peter Kindel, Skidmore, Owings & Merrill LLP - Chicago Office. Due to
inclement weather, Michael Higbe of Development Concepts - Indianapolis, was delayed at the
Washington, D. C. airport. However, his ideas are encapsulated in the presentation. This Plan also
incorporates the efforts of staff from Planning, Public Works, Convention and Visitors Bureau, Finance,
Economic Development, and Management Services. The Resort Advisory Commission Design and the Old
Beach Advisory Committees have been involved. Billy Almond, Chair of both these Committees is in
attendance. On January 27,2004, City Council ADOPTED:
Resolution to ACCEPT and APPROVE the concept of the Old Beach
District study; and, AUTHORIZED the committee to continue its
public involvement process with a final recommendation on the
refined study after the consultant completes its work.
Mayor Oberndorf recognized Captain Thomas Keeley, Commanding Officer - NAS Oceana, in attendance.
Peter Kindel, Skidmore, Owings and Merrill LLP, advised the principals, which were established after
approval of the concept, have been maintained. The original Master Planning work, which was approved
in January 2004, has been carriedforward:
Build a Landmark Convention Center with supporting development
Create a vibrant mixed-use City Center
Restore residential neighborhoods as great places to live
Re-establish commercial corridors as Great Places to shop and work
Implement an Open Space Network that embraces the Beach's natural
amenities
Create a District of good streets
Mr. Kindel displayed depictions of the approved Concept Plan - 2004, the Plan today and the Vision, The
original idea was to link the Convention Center utilizing a series of Park blocks. This idea has since been
modified to reduce the acquisition requirements. The other key component, which is no longer in the Plan
is the Public Use Campus, which had included a school at the time, In general, the majority of the elements
are still there. The project area actually went up to 22nd Street, down to 1 ?h Street, encompasses the Trailer
Park site, then continues west over to Birdneck Road and then east to Atlantic Avemie (including the
Convention Center area). The idea of a Central Park has evolved from the original Master Plan concept,
which organizes development and increases value for the neighborhood adjacent to the Dome site.
March 8, 2005
- 3-
CITY MANA GER 'S BRIEFING
OLD BEACH DISTRICT MASTER PLAN
ITEM # 53665 (Continued)
Why Invest in Old Beach?
Leverage Convention Center Investment
Enhance Convention Visitor Experience
Increase Tax Base
Investment will yield an estimated ten times return
Upgrade infrastructure and improve the public realm
Capture higher percentage of restaurant and tourism market
Current Old Beach District market leakage is estimated at S137-MILLION
Old Beach District lacks diversity in restaurant and entertainment options
Capture regional demand of office, commercial and new housing development
The Old Beach District is easily accessible from 1-264 and could
be serviced by Bus Rapid Transit (BRT)
Make the Oceanfront a year-round destination for both locals and visitors
Increase the number of year-round residents and repeat visitors
The Virginia Beach population has increased .79%. The Old Beach District and neighborhoods
experienced no real growth. Reinvestment is necessary as the Old Beach District population is getting older.
Why Reinvestment is Necessary
Income
The Old Beach District has a lower per capita and median income
compared to Virginia Beach
Income levels in the surrounding neighborhoods rose notably faster
than the Old Beach District in the 1990's.
30% of the Old Beach District population live below poverty level,
compared to Virginia Beach's 6.3%
An accepted benchmark is 5% below poverty level
Residential Market
Number of Old Beach District housing units dropped in the 1990's
Office Market
Oceanfront has low vacancy and high lease rates
Hotel Market
There is a need for more hotels of better quality
The Convention Center has lost potential business opportunities due
to lack of a Headquarters Hotel
Entertainment Market
Old Beach District spends below national average in all entertainment
categories
March 8. 2005
- 4 -
CITY MANA GER 'S BRIEFING
OLD BEACH DISTRICT MASTER PLAN
ITEM # 53665 (Continued)
Conclusions
One-dimensional market limits investment potential
Leading economic indicators, household income, poverty rate, job
growth and new investment are in negative position
Exiting improvements are marginal - a drag on economic growth
Land appreciation requires "higher and better use" development
scenario
The Old Beach District Center's enhanced image is important to
Virginia Beach's future role in regional economy
Mr. Kindel detailed the physical changes proposed re creating an Old Beach District Center. There is a
strong resort corridor along Atlantic and Pacific with wonderful residential neighborhoods. The east/west
corridors are: Laskin Road Corridor, 2lst/22nd, 1 Jlh Street and Norfolk Avenue.
Fourteen (I4) components compose the Plan:
Oceanfront Connection
The Dome Site
Central Park
Higher-Density Residential Development
An improved 19th Street
Potential Linear Park
New Retail Development
New Residential Infill
Office and Commercial Corridor at 21st/22nd Streets
Stronger Existing Neighborhoods
A Headquarters Hotel
An Upgraded I1h Street
A Commercial Corridor at I1h Street
New Entertainment Venue
Mr. Kindel displayed a schematic of the land use proposed with urban mixed-use residential (21st to south
of 18th Street). This is the core of the Plan comprised of residential, neighborhood commercial, some
entertainment uses. A potential headquarters hotel is bringproposed adjacent to the Convention Center, with
the Dome site as a mixed-use retail facility and the 17th/21st and 22nd Corridor is proposed to evolve in the
future as higher density residential, with a very strong mix of commercial and office. In terms of parking in
major streets, parking would be primarily accessed from 1 Jlh Street and 2]'1 Street or from Pacific, thus,
avoiding bringing an abundance of traffic through the core of these neighborhoods. Phase I only
encompasses two (2) parking structures adjacent to the Dome site. Re Open Space, the original idea
proposed a series of park blocks and is still preserved but, in a much reduced scale. 1 <Jh Street will be
improved. An idea of a linear park, may in the future run along 1 <Jh Street, but will be organized around a
Central Park, and be adjacent to the Dome site. Bus Rapid Transit can connect all major public investments
and is integral to the Plan. 1 <Jh Street and 1 Jlh Street have been designed to accommodate future bus rapid
transits.
March 8, 2005
-5-
CITY MANA GER 'S BRIEFING
OLD BEACH DISTRICT MASTER PLAN
ITEM # 53665 (Continued)
Building the Public Realm
1 ~h Street: 19'h Street will be a civic destination and the gateway to the
District Center, The right-of-way regularized to eighty feet (80').
Sixteen- foot (16') sidewalks and four (4) - eleven foot (11 ') travel
lanes. Bus Rapid Transit is incorporated in a dedicated lane in each
direction of travel. Design will incorporate a wave theme for paving,
lighting and landscaping.
Central Park: The idea of smaller rooms inside of a larger space. This
would link closely into the 1 Cfh Street design to provide a
comprehensive identity for this area.
Oceanfront Connection: A very simple connection is proposed to the
Beachfront. The schematic displayed a one-story commercial use
which was the suggested location to cut through to the Oceanfront.
17h Street: Longer term project, widened to 100 to105-foot right-of-
way with fifteen-foot (I5') sidewalks, five (5) travel lanes and a
landscaped median. The Bus Rapid Transit is incorporated in an east-
bound exclusive lane. Design guidelines will be incorporated
Linear Park: Enhance 19'h Street: This will be a very long term
project. As properties are redeveloped along 19'h Street, there is a
proposal that some business could be slightly set back creating a
stronger park around 1 Cfh Street and enhancing the walk or connection
through this neighborhood.
Five Key Private-Realm Projects
Dome Site: This site will include 500,000 square feet of new
development: 6.5-acre site, four (4) development parcels, 200,000
square feet of retail/entertainment and restaurant, one hundred (I 00)
residential units, 300 hotel keys, a public plaza and a structured
parking for up to 1,000 cars to be developed north and south of the
site.
Headquarters Hotel: A new landmark Headquarters Hotel is proposed
for development on a site adjacent to the Convention Center (6.5 acre
site, 3 development parcels, 300-400 keys in one (1) tower, with
potential to expand). The supporting uses to include fitness center,
retail, restaurant, ballroom and office. There will be structured
parkingfor up to 800 cars.
Performance Venue: A new performance venue is proposed for the
western edge of 19'h Street: 11.8 acre site (four (4) development
parcels), Performance Venue of up to 2,500 seats at 19'h Street, office
and retail at 1 Jlh Street, new park at Birdneck and 19'h Street will
preserve existing trees). There will be structured parking for up to
1,000 cars.
March 8. 2005
- 6-
CITY MANA GER 'S BRIEFING
OLD BEACH DISTRICT MASTER PLAN
ITEM # 53665 (Continued)
Five Key Private-Realm Projects (Continued)
New Residential neighborhood: The Trailer Park and Water Tower
sites provide an opportunity for the emergences of a new
neighborhood (50 acre site, up to 500 units of single family
residential, mixed-use of 1 Jlh Street). A new neighborhood will
preserve existing trees.
Old Beach District Infill: This would be a long term program of
residential, commercial, some office in this District from 22nt! down to
17th Streets. Properties would gradually be acquired or consolidated
either by the City or private developers and then turned over and
developed by private interests. Gradually, some of the projects
illustrated in the Plan would come to fruition.
Old Beach District Center
Catalyst Projects (Phase 1) Foundation Projects (Phase 2) Legacy Projects (Phase 3)
Public-Realm Projects Public Realm Projects Public Realm Projects
ll)1h Street Improvements Oceanfront Connection Linear Park
Central Park West ll)1h Street 17th Street
Parking
Private-Realm Projects Private-Realm Projects Private-Realm Projects
Dome Site Performance Venue A new neighborhood
Begin Urban Mixed-Use/ Urban Mixed- Use/ Residential
Residential Infill Infill
Headquarters Hotel
Implementation Schedule
Phase I:
Phase II:
Phase III:
2005 - 2010
2008 - 2015
2010 - 2020
Mr. Scott advised the Tentative Time Schedule*:
Public Hearing
City Council Public Hearing
Adoption of the Plan
Incorporation of Plan into Revised
Resort Area Concept Plan
Stakeholders involvement
Comprehensive Plan Amendment
First week of April 2005
April 12, 2005
April 26, 2005
Spring, Summer, Fall, 2005
October 2005
March 8, 2005
- 7 -
CITY MANA GER 'S BRIEFING
OLD BEACH DISTRICT MASTER PLAN
ITEM # 53665 (Continued)
Council Lady McClanan advised the date suggested for the Public Hearing is Easter vacation for the
School system.
Mr. Scott advised this time schedule could be adjusted as per the advice of City Council. Councilman Wood
expressed concern as it appears the entire project has migrated slightly north. Mr, Scott advised the Plan
is basically the same as approved: 22nd Street to 1 ?h Street and ~ block on either side. Councilman Wood's
main concern is the ~ block on either side. Because of a substandard alley behind 22nd Street, office and
commercial could not be channeled from the back of the building. Councilman Wood suggested continuing
22nd Street all the way through. The area should not be separated by a 10-foot alley. An emergency vehicle
would have difficulty traversing this alley. Concern was expressed re the need for office space as there is
already much vacant office space. Mr. Scott advised, as part of the overall economic development effort,
an office market study would be pursued.
Councilman Diezel advised he would be particularly sensitive to the Navy's concerns re the Plan and
inquired whether the Master Street and Highway Plan was incorporated into the design. Mr. Scott advised
the "key" is l?h Street, which needs to be a divided road with an attractive medium, The traffic carrying
capacity will probably have to be increased to make this system work over time. The Dome site is still
contemplated as an entertainment venue.
Councilman Dyer advised that to-date, the Navy has not been solicited for comments. Mr. Scott advised
the staff indicated to the Navy, upon advice by consultants, the need is to increase the number of residential
units in this area by approximately 3,000. The Navy needs to be part of discussions entailing the location
of this residential. These 3,000 units are less than allowed by the present zoning. Council Lady McClanan
expressed concern re the lack of financial information and she did not understand the necessity for
additional residential housing and taking of people's property for other uses. Council Lady McClanan will
compile a list of questions and requested the City staff respond.
Mr. Scott advised the locality only has the right to take land for public purpose. The Headquarters Hotel
is not essential, the Convention Center will open without a Headquarters Hotel.
Councilman Villanueva inquired re discussions with the Doubletree Hotel as a headquarters hotel. Mr, Scott
and James Ricketts, Director - Conventions and Visitors Bureau, had discussions with potential investors
in that property within the week. Re the mobile home park, these ideas will go forward on the time line felt
appropriate by the property owner. No decisions have been made. Mr. Scott shall provide a copy of the map
of the Plan "at scale ".
Councilman Schmidt inquired all the ongoing projects and the associated debt, if the Plan is adopted. Are
there any requisite spending requirements? Mr. Scott advised there are two (2) decisions which City
Council must make to activate this Plan, budgetary decisions in the Capital Improvement Program and
amendments to the zoning in the Resort Area Concept Plan.
Council Lady Wilson stressed the necessity to know the public financing tools. The Schools have a long list
of necessities as well. All projects need to be reviewed and prioritized.
James Ricketts, Director - Convention and Visitors Bureau, advised although the Hampton Convention
Center was opening a month prior to Virginia Beach's Convention Center, this would not affect the City's
ability to sell conventions or trade shows. These are two (2) different markets and types of buildings,
Virginia Beach is an established convention and trade show destination and has been since the Dome was
opened thirty (35) years ago. If the newspaper is accurate, Hampton has booked in 2006 - 14,000 room
nights for Conventions. Virginia Beach has booked 115,000 room nights for Conventions.
March 8, 2005
-8-
CITY MANAGER'S BRIEFING
OLD BEACH DISTRICT MASTER PLAN
ITEM # 53665 (Continued)
Councilman Maddox advised the Retail Consultants suggested the City add 3,000 residences to the Resort
area. Councilman Maddox requested what number that would be allowed by-right. Mr, Scott estimated in
excess of 10,000. The Zoning Ordinance needs to be revised by acceptably reducing the number of units the
Ordinance now allows. One of the key methods is by encouraging a high degree of retail.
Councilman Reeve advised the Plan has had stakeholder involvement. The City Council appointed the Old
Beach District Master Plan Advisory Committee, Mr. Scott advised William Almond is the Chairman.
Barbara Yates and MaryAnne Nixon represent the neighborhoods involved. Hotels, Restaurants and the
Design community area also involved.
Mayor Oberndorf referenced the Doubletree Hotel approval and the concern of the Navy. Mayor Oberndorf
did not vote for the hotel as she was concerned re the height. The opportunity at the Oceanfront is
extraordinary, but the City must be cognizant of the United States Navy, The City needs to receive comment
from the Navy concerning protecting encroachment onto the Base or encroachment into the air rights for
their pilots. Mayor Oberndorf requested the JOINT LAND USE PLAN be scheduled for the City Council
Workshop of March 15, 2005, at 6:00 P.M. in the City Council Chamber to allow a larger number of
attendees to be accommodated.
Council Members Reeve, Maddox, the City Manager, City Attorney, and Robert Scott met with Admiral
Turcotte yesterday, March 7, 2005, and believed the City Council Workshop of March 15, 2005, was an
appropriate time to address the JOINT LAND USE PLAN.
Mayor Oberndorf advised the Navy's perspective needs to be heard re what they need to keep their industry
(Oceana) strong in Virginia Beach.
BY CONSENSUS, the JOINT LAND USE PLAN Workshop shall be scheduled for the City Council
Workshop of March 15, 2005, with a Briefing by the City and Navy.
March 8, 2005
-9-
CITY MANA GER 'S BRIEFING
KROC and SAL VATION ARMY COMMUNITY CENTER SITES
2:45 P.M.
ITEM # 53666
Mayor Oberndorf advised the Department of Parks and Recreation received many requests to open the
Recreation Centers earlier. The Centers are now open at 6:30 A,M, People wait in line to "work out",
These privileges cost only $50.00 a year. Parks and Recreation has partnered with Public Health and the
Heart Association for individuals to participate in a program by Sentara. Mayor Oberndorf introduced
Cindy Curtis, Director - Parks and Recreation.
Cindy Curtis referenced a pre-school program at the Kempsville Recreation Center has commenced as a
"pilot" program. For the first time, an all day preschool care is being provided in a licensed environment.
Mrs. Curtis advised the department is conducting discussions with the Salvation Army replacing a Joan and
Ray Kroc Community Center at the Williams Farm property in Virginia Beach. Ray and Joan Kroc,
founders of the McDonald's restaurant chain donated $1.5-BILLION to the Salvation Army to build and
operate a limited number of community centers (25-30) in the United States. The first Ray and Joan Korc
Corps Community Center was built in San Diego, California in 2002.
Mission Statement
In keeping with the mission of The Salvation Army, the Ray and Joan
Kroc Corps Community Center provides facilities, programs and
services that encourage positive life-changing experiences for children
and adults, strengthening for families and life enrichment for seniors
Salvation Army Kroc Center (San Diego) is a 12-acre family support, education, recreation and cultural
arts facility. The Center provides a variety of programs for individuals of all ages. The Community Center
is available to members and the general public.
The San Diego Corps Community Center includes:
Aquatics complex (3 Pools)
Ice arena
Gymnasium
Recreation field Rock Climbing Tower and Challenge Course
Indoor Skate Park
600-seat Joan B. Kroc Theatre for the Performing Arts
School of Visual and Performing Art
Teaching/Mentoring Area and Computer Lab and Internet-Based
Library
Facility size:
Construction cost:
Construction time:
Operating Budget:
Number of Employees:
190,000 squarefeet on 12.5 acre site
$ 57-MILLION
September 2002 to June 2002
$ 6-MILLION
280 year round Part Time and Full Time and
350 Summer
6,238 after first full year of being open
Number of Members
March 8. 2005
- 10-
CITY MANA GER 'S BRIEFING
KROC and SALVATION ARMY COMMUNITY CENTER SITES
ITEM # 53666 (Continued)
The San Diego Corps Community Center (Continued)
Average Neighborhood Membership Fees (New 2005 rates)
$10/month (Youth Ages 3-17)
$13/month (Seniors Ages 62 and over)
$18/month (Adults Ages 18 - 61)
$35/month (Single-parent family)
$45/month (Family - up to 4 members)
80% of Center membership are Family Members
Fees slightly higher for areas outside of 3-mile radius of the Center
In the Summer of2004, the Salvation Army had preliminary discussions with officials from various Hampton
Roads cities about the potential to locate a Kroc Community Center in Hampton Roads. In the Fall of2004,
staff evaluated six potential sites City-wide and recommended four (4) sites based on the Salvation Army's
criteria:
Size: 10-12 acres of developable land
Location: Areas of low-income households, yet accessible to residents
of all socio-economic households
"Highly visible" location, in regards to length of road frontage and
proximity to major roadways
Generally located in an area of recreational need
The potential Virginia Beach site is the Williams Farm in the 900 block of Newt own Road. Williams Farm
is 57.6 acres and was acquired through the Open Space plan for $5-MILLION in January 2004. The
planned use is primarily open space/active recreation, elementary school and other potential community
facilities.
Demographic Information within I-mile Radius of Site of Williams Farm
Total Population 18,126
Age Distribution
21 Under 6,463 35,66%
22-39 6,304 34.78%
40-59 3,588 19.79%
60 Up 1,771 9.77%
Citywide Median Family Income $48,705
Site Median Family Income $37,863
% of Households w/Low/Moderate income 48.92%
% w/High School Diploma or GED 85.97%
March 8, 2005
- 11 -
CITY MANA GER 'S BRIEFING
KROC and SALVATION ARMY COMMUNITY CENTER SITES
ITEM # 53666 (Continued)
School Indicator Information Within 3-Mile Radius of Williams Farm
Schools Adjacent to Williams Farm Number of Students Reduced and Free % of Total Student
Lunches Population
Bayside Middle 1,240 696 56.13%
Newtown Elementary 905 639 70.61%
Williams 773 541 69.99%
Total including other 12 Schools 10, 741 4,155 38.68%
combined within 3-mile radius
Through dialogue with stakeholders (Community Civic Leagues, the neighborhood, Schools, Police and
Social Services), programs were recommended to be contained within this Kroc and Salvation Army
Community Center:
Recommended Programs, Facilities and Services for in Virginia Beach
Cultural Arts Programs and Facilities Physical Fitness Programs and Facilities
Culturallperforming arts classes Fitness programs and equipment (i. e. circuit
Art classes and gallery equipment, free weights. aerobics)
Dance studio and programs Organized/team sports
Music programs, instruments and recording Multi-purpose gymnasium
studio Multi-purpose playing fields
English and foreign language programs Water park and aquatic program
Child Care, educational and Vocational Overall Community Center Support
Programs
Certification program for various clerical, Senior center - i. e. educational and social
paraprofessional, technical occupations activities, exercise and health programs, meal
Computer skill development lab and program program
Mentorship Program for Youth Community meeting rooms
Child care and Early Childhood Development Infrastructure for community access to and from
Programs for school readiness the Kroc Center (sidewalks, bike paths,
Library services supervised shuttles)
Advisory Board for overall community center
operations
In December 2004/January 2005, the Salvation Army chose one City-owned site, the Williams Farm, as a
potential community center location in Virginia Beach. Sites in the Cities of Chesapeake (Battlefield
Boulevard/Military Highway corridor, Norfolk (Broad Creek) and Portsmouth are also being considered
by the Salvation Army.
March 8, 2005
- 12-
CITY MANA GER 'S BRIEFING
KROC and SALVATION ARMY COMMUNITY CENTER SITES
ITEM # 53666 (Continued)
STATUS
The Salvation Army, in their January 25th correspondence requested
additional information from each City on the recommended sites
The staff is gathering comprehensive responses regarding Williams
Farm location by the Salvation Army's March 18, 2005, deadline
The Salvation Army is to evaluate responses from the four (4) cities
and determine final recommended location for Joan and Ray Kroc
Community by the end of Spring 2005.
Ms. Curtis advised the Salvation Army will be operating the site. The Salvation Army has funding to build
an approximate 100,000 square foot facility and would like to model it as the prototype of the new Jewish
Center. They will come forward with approximately $25-MILLION for the development of afacility and need
to come up with an endowment of 200% (another $50-MILLION) to cover long term operating costs.
Councilman Villanueva, Co-Champion with Vice Mayor Jones of the Bayside Action Plan, welcomed this
opportunity. Councilman Villanueva requested his fellow colleagues on City Council lobby the Salvation
Army for this facility. Councilman Villanueva appreciates the staff's vision and willingness to proceed. A
Resolution shall be scheduled for the City Council Session of March 22, 2005.
March 8, 2005
- 13-
CITY MANA GER 'S BRIEFING
NEIGHBORHOOD CHANNEL DREDGING
3:12 P.M.
ITEM # 53667
E. Dean Block, Director - Public Works, presented information re Neighborhood Channel Dredging:
Purpose and Objectives
Provide City Council information on Types of "City" Dredging
Describe/provide examples of policy considerations
Briefly reprise prior work for background
Seek direction
Key Issues
What ought to be the Government's level/type of involvement in
Ancillary Channel Dredging?
If there is extensive City government involvement, how is the Program
carried out?
Who pays and how much?
Fundamental Realities
Complex issues/ competing interests
Potentially expensive, extensive and intrusive
Mechanical Dredging
Limited Disposal sites
Subject to Environmental Agency approval
Mechanical Dredging will be the mechanism of choice in any long term program undertaken, including the
existing program of dredging the two (2) main channels. Mr. Block referenced the channel definitions to
assist the City Council re the issue of Ancillary Channels. Mr. Block displayed illustrations depicting:
Main Channels: Officially designated, City maintained: New
dredging opportunity within two (2) years re the Western Branch. The
illustration depicts where the channel passes re the
Thoroughgood/Church Point neighborhood (depicted in black on the
illustrations).
Ancillary Channels: All channels other than Main channels (depicted
in red on the illustrations). These channels are divided into three (3)
categories:
Access Channel: Channel between Main Channel and Branch
Channel- gates to the communities. (depicted in blue)
Branch Channel: Channel between Access Channel and
Individual Channel - similar to neighborhood streets
(depicted in yellow),
Individual Channel: Channel between Branch Channel and pier
- similar to driveways (depicted in red)
March 8, 2005
-14 -
CITY MANAGER'S BRIEFING
NEIGHBORHOOD CHANNEL DREDGING
ITEM # 53667 (Continued)
Alternative 1
(Current program)
Defined as: Dredging of Ancillary Channels managed by neighborhoods under
private contracts.
No active City management of privately contracted dredging projects
Limited City involvement
Disposal site option available
City provides guidance to neighborhoods as requested
Periodic opportunities to piggyback City projects in the Lynnhaven branches
Other ways City could assist neighborhoods
Transfer Site Options available
Accelerate Western Branch (Lynnhaven River project)
Mr. Block displayed maps of two (2) currently proposed private projects: Thoroughgood/Church Point and
Chesopeian Colony. These examples indicate participation is not 100% and the community is responsible
for all the work up to the main channel.
Alternative 2
Expanded Lynnhaven Program
Defined As: City Expands Dredging Program to include Access Channels in
addition to the existing City Maintained Channels in The Lynnhaven River.
Brings Deep Water Access to "Gate" of Neighborhood
Less Channel responsibility for property owners
Increased City project frequency
Provides more opportunity for piggybacking
Keeps City projects and private projects contractually
independent
Grand Total Expanded program
Eastern Branch = 9.0 miles
Western Branch = 8.4 miles
Approximately Total = 17.4 miles
March 8,2005
-15 -
CITY MANAGER'S BRIEFING
NEIGHBORHOOD CHANNEL DREDGING
ITEM # 53667 (Continued)
Alternative 3
Neighborhood Partnership Program
Defined As: projects which dredge Ancillary Channels, managed by the City upon requestfrom
substantial majority of Waterfront property owners in neighborhood
3A - Privately Funded Program 3B - Cost Shared Program
Current Program plus engineering, permitting Current program plus engineering, permitting
and construction management by City and construction management by City.
Construct cost borne by neighborhood Construction cost shared between neighborhood
and City
65% neighborhood, 35% City
Alternative 4
Citywide Dredging Program
Defined As: City expands dredging program to include access and Branch
Channels in addition to existing City maintained Main Channels.
Expand City program to include all feasible Channels, systematically,
with a target of completion in ten (10) years
Does not include individual Channels or Slips
City prioritizes program
None of the alternatives involve the City building the Individual Channels (denoted in "red"), which are
always private sector responsibilities.
Cost Distribution
Alternative 1 - Current Program Alternative 2 - Expanded Lynnhaven Program
Neighborhood Costs (From Private Dock to Main City Neighborhood Costs (From Private Dock to Nearest City
Channel) Network)
$10,000 - $20,000 per waterfront property owner on $8,500 - $17,000 per waterfront property owner on
average. average.
Includes: (Private Contract) Includes: (Private Contract)
Engineering/Permitting/Construction Costs Engineering/Permitting/Construction Costs
City Costs (Main Channels as Currently Designated) City Costs (Main Channels plus Expanded Channel
Network)
$500,000/year to maintain existing channels in the $500,000/year to maintain existing channels in the
Lynnhaven River Lynnhaven River
$250,000 possible Capital Improvement - Transfer Sites Additional $500.000/year for Expanded Channel
Few, if any, Real Estate issues Network
Total Costs to City - (approx.) $500,000/year $250,000 possible Capital Improvement - Transfer Sites
Few Real Estate issues
Total Costs to City - (approx.) $l-MILLION/year
March 8, 2005
- 16-
CITY MANAGER'S BRIEFING
NEIGHBORHOOD CHANNEL DREDGING
ITEM # 53667 (Continued)
Cost Distribution
Alternative 3A - Neighborhood/ City Alternative 3B - Neighborhood/ City Alternative 4 - Citywide Program
Partnership Program Partnership Program
Neighborhood Costs (From private Neighborhood Costs (From private Neighborhood Costs (Tie In from
dock to Main City Channel) dock to Main City Channel) private dock to new City Network
$8,000 - $16,500 per waterfront $6,000 - $12,000 per waterfront $4,000 - $8,000 per waterfront
property owner on average property owner on average property owner on average
Includes Construction costs only Includes shared (65%) Construction
costs - partially funds City contract
City Costs (Main City Channels plus City Costs (Main Channels, Ancillary City Costs (Main City Channels plus
Ancillary Channel design) Channel design, plus portion of newly designated channels
Access and Branch Channel
Construction
$500,000/ year to maintain existing $500,000/year to maintain existing $500,000/year to maintain existing
channels in the Lynnhaven River Channels in the L ynnhaven River channels in the L ynnhaven River
Additional $600,000/year for Additional 600, OOO/year for Additional $3-MILLION/year to
engineering, permitting and engineering, permitting and construct new channels citywide
Contract management for "non- contract management for "non- $250,000 possible Capital
city" channels City" Channels Improvement - Transfer Sites
$250,000 possible Capital Plus $1,200,000/year- shared (35%) Real Estate issues
Improvement - Transfer Sites Construction costs Total Costs to City (approx)
Likely Real Estate issues $250,000 possible Capital $3,500, OOO/year)
Total Costs to City (approx) Improvement - Transfer Sites (Does not include real estate costs)
$1,100, OOO/year) Likely Real Estate Issues
Total Costs to City (approx.)
$2,300,000/year
Considerations
Performance Risk
No guarantee for Permit Approval
Real Estate issues, private ownership of River Bottom
Increased Liability - Dredging and Maintenance
Transfer Sites in neighborhoods
Disposal Areas
Prioritization
First/Last neighborhood
Basis (Permits/Cash/Need)
Decision
Mayor Oberndorf expressed appreciation to Mr. Block and Stephen Van Essendelft, Engineering - Public
Works, Beach Management, for this very comprehensive and understandable report re dredging.
March 8, 2005
-17 -
CITY COUNCIL COMMENTS
3:54 P.M.
ITEM # 53668
Council Lady McClanan distributed articles from the Daily Press, Sunday March 6, 2005, entitled "The
Business of Base Closures" and "Stop Whining and Learn to Love the Property Tax".
ITEM # 53669
Councilman Schmidt distributed a PRELIMINARY DRAFT:
Ordinance to establish a process for the preparation for the City's
Operating Budget
Formalizing the discussion of the City Council Retreat on March 4,2005, re separation of the assessment
processfrom the development of the Operating Budget. This is a "rough" draft but could be used as a "tool"
to acknowledge there is no relationship between the Operating Budget and the real estate assessment.
Councilman Schmidt requested this be discussed at a future City Council Session.
March 8, 2005
- 18-
AGENDA RE VIE W SESSION
3:55 P.M.
ITEM # 53670
I2. Ordinance to AMEND the City's Open Air Cafe
regulations to AUTHORIZE Atlantic Avenue sidewalk
cafes between 15th and 24th Streets and ESTABLISH
criminal penalties for the failure to comply with orders
closing or revoking the franchises for such cafes
(Deferred February 8th, 22nd and March 1, 2005)
Councilman Maddox referenced revision of the Open Air Cafe regulations, which provide that the effective
date for the facade requirements is January 1, 2006. No franchise agreement will be granted or renewed that
extends beyond April 30, 2006, unless the franchisee has complied with the facade requirements.
The City Attorney advised although the facade provision was contained in the copy of the revised regulations
that were included in City Council's agenda, the provision was revised again to address the effective date
of the facade requirements. The City Attorney advised the correspondence addressing the revised
regulations and design guidelines has been distributed Relative the design guidelines, the City Attorney's
office has worked with Billy Almond to be certain the Resort Advisory Commission and the Design Review
Committee concur with the facade requirements of the open air cafes between 15th and 24th Streets.
ITEM # 53671
BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA:
ORDINANCES/RESOLUTION
II. Ordinance to AMEND Chapters 1-2,6-3,6-5,6-10, 6-30,
6-114, and 31-28 of the City Code re the definition of
"resort season ".(DeferredJanuary 4th, 1 ph and February
8th, 2005)
I2. Ordinance to AMEND the City's Open Air Cafe
regulations to AUTHORIZE Atlantic Avenue sidewalk
cafes between 15th and 24th Streets and ESTABLISH
criminal penalties for the failure to comply with orders
closing or revoking the franchises for such cafes
(Deferred February 8th, 22nd and March 1,2005)
I3. Ordinance to TRANSFER $2,000,000 from the Debt
Servicefund and $9, 138from Reservefor Contingencies
to "Police Training Facility" and the Police Department's
FY 2004-2005 operating budget re services at the
Blackwater Lodge and Training Center; and
AUTHORIZE the City Manager to execute the services
contract.
I4. Ordinance to AUTHORIZE a temporary encroachment
into a portion of the right-ofway at 904 Verano Court by
JAMES R. and MARLYN V BROOKS to construct and
maintain a pier. (DISTRICT 7 - PRINCESS ANNE)
March 8, 2005
- 19-
AGENDA RE VIE W SESSION
ITEM # 53671 (Continued)
I5. Resolution to ESTABLISH the public's interest in Cape
Henry Beach and A UTHORIZE acceptance of dedicated
public beach easements re implementation of an erosion
plan.
Item II. will be DENIED, BY CONSENT.
Item I2. will be ADOPTED, BY CONSENT, AS REVISED.
March 8, 2005
- 20-
AGENDA RE VIE W SESSION
ITEM # 53672
J.2. Application of SENTARA HEALTHCARE at Concert
Drive and Princess Anne Road: (DISTRICT 7 -
PRINCESS ANNE)
a. Change of Zoning District Classification from
Conditional 0-2 Office District to Conditional B-
2 Community Business District
b. Conditional Use Permit for a hospital, athletic
club, eating and drinking establishments, sale of
convenience goods and personal services )other
than those permitted as principal uses) and hair
care centers
c. Resolution to AUTHORIZE a First Amendment
re Sentara Healthcare Development Agreement
Mayor Oberndorf requested a presentation by Attorney R. J. Nutter during the Formal Session.
Councilman Reeve advised the Navy does not have concerns re these applications.
Council Lady McClanan did not wish any of the ancillary uses to occur until after completion of the medical
facilities. Attorney Nutter advised these uses would be the last phase of the project.
ITEM # 53674
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA:
J.1, Variance to 94.4 (b) of the Subdivision Ordinance that
requires all newly created lots meet all the requirements
of the City Zoning Ordinance (CZO) for RONALD LEE
and PENNY MICHELE CASON at 6476 Knotts Island
Road. (DISTRICT 7 - PRINCESS ANNE)
J.3. Application of the SNYDER FAMILY TRUST at
Clearfield Avenue and Virginia Beach Boulevard:
(DISTRICT 2 - KEMPSVILLE)
a. Change of Zoning District Classificationfrom R-
7.5 Residential District to Conditional B-2
Community Business District to expand an
existing automobile sales and repair facility
b. Modification o(Conditions (or a Conditional Use
Permit approved by City Council October 23,
2001 (incorporate three (3) rezoned parcels into
whole project)
March 8, 2005
- 21 -
AGENDA RE VIE W SESSION
ITEM # 53674 (Continued)
J.4. Application of WORD OF LIFE FAMILY WORSHIP
CENTER for a Conditional Use Permit for a church at
4726 Larkspur Square Shopping Center, (DISTRICT 2 -
KEMPSVILLE)
J.5. Application of TIDEWATER INSTITUTE OF SPORTS,
L.L.C. for a Conditional Use Permit re a recreational
facility of an outdoor nature at Harpers Road and Dam
Neck Road. (DISTRICT 6 - BEACH)
J. 6. Application of PERFECTING SAINTS WORSHIP
CENTER for a Conditional Use Permit re a church at 620
Baker Road. (DISTRICT 2 - KEMPSVILLE)
J. 7. Application of GARDEN OF THE PINES for a
Conditional Use Permit re a pet crematory at 2685
Salem Road. (DISTRICT 7 - PRINCESS ANNE)
Council Lady McClanan will vote a VERBAL NAY on Item J.3a/b (Snyder Family Trust)
Item J.5 will be DEFERRED, BY CONSENT, until the City Council Session of March 22, 2005.
March 8, 2005
- 22-
ITEM # 53675
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective
candidates for employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of specific public officers, appointees
or employees pursuant to Section 2.2-3711 (A) (1).
To Wit: Appointments: Boards and Commissions:
Community Policy and Management Team - CSA At Risk
Community Services Board
Francis Land House Board of Governors
Health Services Advisory Board
Human Rights Commission
Investment Partnership Advisory Committee - PPEA
Minority Business Council
Parks and Recreation Commission
Performing Arts Theatre Advisory Committee
Personnel Board
The Planning Council
Towing Advisory Board
PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition, or use of real property for public purpose, or of the disposition of
publicly-held property, or of plans for the future of an institution which could affect
the value of property owned or desirable for ownership by such institution pursuant
to Section 2.2-3711(A)(3),
Kroc and Salvation Army Community Center Sites
LEGAL MA TTERS: Consultation with legal counselor briefings by staff members,
consultants, or attorneys pertaining to actual or probable litigation, or other specific
legal matters requiring the provision of legal advice by counsel pursuant to Section
2.2-3711 (A)(7).
Beach Service Contract
PUBLIC CONTRACT: Discussion or consideration by a responsible public entity
or an affected local jurisdiction, as those terms are defined in Section 56-557, of
confidential proprietary records excludedfrom this chapter pursuant to Section 2,2-
3705.6(11) AND Discussion of the award of a public contract involving the
expenditure of public funds, and discussion of the terms or scope of such contract,
where discussion in an open session would adversely affect the bargaining position
or negotiating strategy of the public body.
Southeastern Public Service Authority (SPSA)
March 8, 2005
- 23-
ITEM # 53675 (Continued)
Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council voted to proceed into
CLOSED SESSION (4:14 P.M.).
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Mayor Meyera
E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Richard A. Maddox
Councilman Maddox left at 4: 14 PM due to illness
(Closed Session: 4:14 P.M. - 5:50 P.M.)
(Break: 4:20 P.M. - 4:30 P.M.)
(Dinner: 5:50 P.M. - 6:13 P.M.)
March 8, 2005
- 24-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
March 8, 2005
6:05 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 18, 2005, at 6: 15 P.M.
Council Members Present:
Harry E. Diezel, Robert M, Dyer, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva, Rosemary Wilson and James 1. Wood
Council Members Absent:
Vice Mayor Louis R. Jones
[Out of the City)
Richard A. Maddox
[Left at 4:14 P.M. due to illness)
INVOCATION: Ruth Hodges Smith, MMC
City Clerk
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman
and Company and is directly and indirectly involved in many of Goodman and Company's transactions,
However, due to the size of Goodman and Company and the volume of transactions it handles in any given
year, Goodman and Company has an interest in numerous matters in which her husband is not personally
involved and of which she does not have personal knowledge. In order to ensure her compliance with both
the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to
thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters
in which she might have an actual or potential conflict, If, during her review she identifies any matters, she
will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council.
Council Lady Wilson regularly makes this disclosure, Council Lady Wilson's letter of January 27, 2004, is
hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential. and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not
personally involved and ofwhich she does not have personal knowledge. In order to ensure her compliance
with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her
practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any
matters in which she might have an actual or potential conflict. If, during her review she identifies any
matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of
City Council. Council Lady Wilson regularly makes ths disclosure, Council Lady Wilson's letter of January
27,2004, is hereby made a part of the record.
March 8. 2005
- 25 -
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 53676
Upon motion by Council Lady Wilson, seconded by Councilman Schmidt, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Richard A. Maddox
March 8, 2005
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in I ITEM # 53675, page 22, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-371l(A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
March 8, 2005
- 26-
Item V-F.l.
MINUTES
ITEM # 53677
Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of March 1, 2005.
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Mayor Meyera
E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Richard A. Maddox
March 8, 2005
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
BY CONSENSUS, City Council ADOPTED:
- 27-
ITEM # 53678
AGENDA FOR THE FORMAL SESSION
March 8,2005
- 28-
Item V-L
ORDINANCES/RESOLUTION
ITEM # 53679
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council APPROVED
IN ONE MOTION Items 1 (DENIED), 2 (AS REVISED), 3, 4 and 5 of the CONSENT AGENDA.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Mayor Meyera
E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Richard A. Maddox
March 8, 2005
- 29-
Item V-I.1.
ORDINANCES/RESOLUTION
ITEM # 53680
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council DENIED:
Ordinance to AMEND Chapters 1-2, 6-3, 6-5, 6-10, 6-30, 6-114, and
31-28 of the City Code re the definition of "resort season ",(Deferred
January 4th, 1 ph and February 8th, 2005)
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Mayor Meyera
E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Richard A. Maddox
March 8, 2005
- 30-
Item V-I.2.
ORDINANCES/RESOLUTION
ITEM # 53681
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED, AS
REVISED*:
Ordinance to AMEND the City's Open Air Cafe regulations to
AUTHORIZE Atlantic Avenue sidewalk cafes between 15th and 24th
Streets and ESTABLISH criminal penalties for the failure to comply
with orders closing or revoking the franchises for such cafes (Deferred
February 8th, 22nd and March 1, 2005)
*Section 5.5R of Resort Open Air Cafe Regulations provides that the effective date for the facade
requirements is January 1, 2006. No franchise agreement will be granted or renewed that extends beyond
April 30, 2006, unless the franchisee has complied with the facade requirements,
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Mayor Meyera
E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Richard A. Maddox
March 8, 2005
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO AMEND THE CITY'S
OPEN AIR CAFE REGULATIONS TO
AUTHORIZE ATLANTIC AVENUE SIDEWALK
CAFES BETWEEN 15TH AND 24TH STREETS
AND ESTABLISH CRIMINAL PENALTIES
FOR THE FAILURE TO COMPLY WITH
ORDERS CLOSING OR REVOKING THE
FRANCHISES FOR SUCH CAFES
WHEREAS, by resolution adopted November 15, 1985, City
11 Council authorized the City Manger to promulgate Open Air Cafe
12 Regulations, which have been amended, from time to time, to
13 address concerns and lssues that have arlsen during the
14 operation of these cafes;
15
WHEREAS, these Regulations have, to date, prohibited
16 sidewalk cafes on Atlantic Avenue between 15th and 24th Streets;
17
WHEREAS, a pilot program permitting sidewalks cafes ln
18 this area was conducted during the summer of 2004; and
19
WHEREAS, after the success of this pilot program, a
20 modification to the Regulations that would permit sidewalk cafes
21 on Atlantic Avenue between 15th and 24th Streets has been
22 proposed.
23
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
24 CITY OF VIRGINIA BEACH, VIRGINIA:
25
1.
That the City Manager is hereby authorized to
26 amend the Open Air Cafe Regulations to permit sidewalk cafes on
27 Atlantic Avenue between 15th and 24th Streets, as detailed in the
28 proposed revisions presented to the City Council.
29 2. That any owner, operator or employee of an open
30 air cafe located on Atlantic Avenue between 15th and 24th Streets
31 who willfully fails or refuses to comply with a lawful order of
32 a public safety official of the City of Virginia Beach to close
33 such open air cafe immediately or at such later time as may be
34 directed by such public safety official, for reasons of crowd
35 control, unruly behavior either within the establishment or in
36 nearby areas or for other reasons related to preservation of
37 public safety or public order, shall be guilty of a misdemeanor
38 punishable by confinement in jail for not more than thirty (30)
39 days and a fine of not more than One Thousand Dollars ($1,000),
40 either or both.
41
3.
That, upon revocation or suspension by the City
42 Manager of a franchise to operate an open air cafe on Atlantic
43 Avenue between 15th and 24th Streets, any owner or operator
44 failing to comply with the order of the City Manager revoking or
45 suspending such a franchise shall be guilty of a misdemeanor
46 punishable by confinement in jail for not more than thirty (30)
47 days and a fine of not more than One Thousand Dollars ($1,000),
48 either or both.
49
2
50
Adopted by the Council of the City of Virginia Beach,
51 Virginia, on the 8TH day of
CA-9487
OIDjordresjopenairregsord.doc
R-5
January 24, 2005
March
, 2005.
APPROVED AS TO CONTENT:
;~:/2~" $ ~
Virginia Beach Convention and
Visitors Bureau
APPROVED AS TO LEGAL SUFFICIENCY:
"
,4~ ')rrjr
City Attorney' Office
3
REVISED RESORT OPEN AIR CAFE REGULATIONS
SECTION 1. GENERAL PURPOSE
Rev. 03/08/05
1. The Resort Open Air Cafe regulations are for the R T -1, R T - 2, and R T - 3 zoning
districts located in the resort area specifically identified as adjacent to the
Boardwalk, Connector Parks, Atlantic Avenue, or Atlantic Avenue side streets.
The regulations are designed to encourage cafes where they are appropriate, and
promote an ambiance conducive to public health, safety, general welfare, and
would serve as a public amenity. These general goals include, among others, the
following specific purposes:
1.I.A To promote cafes as visual amenities which improve the appearance and
pedestrian ambience of the Boardwalk, Connector Parks, Atlantic Avenue
sidewalks, and Atlantic Avenue side streets.
1.1.B To preserve and enhance the character of the resort area.
1.1.C To ensure that adequate clearance is maintained for pedestrians and
bicyclists adjacent to cafes.
1.1.D To establish administrative and enforcement procedures for Open Air
Cafes that are effective, efficient, and enforceable.
1.1.E To promote the construction of lightweight removable structures and the
most desirable use of public property. Materials permitted for use in cafe
construction are indicated in Section 5, "Cafe Requirements". The
structure must be dismantled easily and not permanently attached to
adjacent building.
SECTION 2. DEFINITIONS
2.1 Resort Open Air Cafe is an outdoor restaurant directly adjoining an existing
restaurant facility in the RT-I, RT-2 or RT-3 Zoning District which is exempt
from additional off-street parking requirements. Cafes are franchised to operate
on public property and are required to provide waiter and waitress full table
service in a specific semi-enclosed space as described herein. No portion of an
Open Air Cafe shall be used for any purpose other than dining or related
circulation. Cafes must have direct access to the host restaurant. All cafes and the
required adjacent/operating business will meet all ADA Standard disability access
requirements (including rest room facilities). There are four types of cafes.
2.1.A Cafe employees shall not prepare or pour alcoholic beverages for delivery
or sale to patrons within any category A, B, C, or D cafe; provided, however, that
patrons may consume alcoholic beverages in these cafes in compliance with state
regulations.
2.1.B Solicitation of any type, as described in Section 26-3 of the City code,
from any cafe will result in immediate termination of franchise agreement.
Category A - Boardwalk Cafe. A resort open airlboardwalk cafe is located on
public property facing the boardwalk in the RT -1 zoning district.
Category B - Connector Park Cafe. A resort connector park cafe is to be
located on public property in a Connector Park in the RT-1 zoning districts. The
Cafe is not to extend East ofthe building's property line.
Category C - Atlantic Avenue Sidewalk Cafe. An Atlantic Avenue sidewalk
cafe is to be located on the public sidewalk along Atlantic Avenue directly
adjoining an existing restaurant facility in the RT-2 Zoning Districts. Cafes are
not permitted between 15th and 24th Streets an }Atlantie Avenue.
Category D - Atlantic Avenue Side Street Cafe. A resort side street cafe is to
be directly adjoining an existing restaurant facility in the RT-2 or RT-3 zoning
district; is to be located on public property; and is to be located on side streets
only between Atlantic and Pacific Avenues. No cafes are authorized west of
Pacific Avenue.
Catef!orv E - Atlantic Avenue Sidewalk Cafe-15th to 24th Streets. An
Atlantic Avenue-15th to 24th Streets sidewalk cafe is to be located on the public
sidewalk along Atlantic Avenue directly adioining an existing restaurant facility
in the RT-2 Zoning Districts between 15th and 24th Streets on Atlantic Avenue.
SECTION 3. RESTAURANTS NOT CONSIDERED FOR THE CAFE PROGRAM
3.1 Fast Food Establishments. An establishment franchised or otherwise that offers
quick food service of items already prepared and held for service, or prepared,
fried, griddled quickly or heated in a device such as a microwave oven. Orders
are not generally taken at the customer's table and food is generally served from a
counter in disposable wrapping or containers, exclusive of full waiter/waitress
table service. Fast Food establishments will not be considered for outdoor cafes.
SECTION 4. ENTERTAINMENT/AMPLIFIED MUSIC
4.1 Live or recorded entertainment is allowed under the following conditions in all
outdoor cafes:
4.1.A During the hours 12:00 p.m. to 11 :00 p.m.
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4.1.B Solo or duo live entertainment only. Connecting cafe do not constitute
more than one entertainment venue.
4.1.C All patrons of cafes shall be seated when being served in the cafe area.
4.1.D The cafe franchise agreement administrator/city officials shall have the
sole discretion in determining if the music sound level emanating from the
cafe is considered loud or disturbing. Amplification of music shall be
directed within cafe area.
4.1.E Cafe operators shall receive one written warning that the music is not
complying to the cafe regulations. Upon notice of a second violation, the
cafe will forfeit their entertainment within the cafe. Continued violations
or disregard will be grounds to terminate the cafe franchise agreement.
SECTION 5. CAFE REQUIREMENTS
5.1 Category A - Boardwalk Cafe. A resort open airlboardwalk cafe is located on
public property facing the boardwalk in the RT-1 zoning district.
S.1.A Setbacks: Category A cafes shall have a minimum setback often (10) feet
form the western edge of the bicycle path. Pending review of specific cafe
site plans, additional setbacks and clear path space may be required.
5.1.B Floor: Floor shall be a smooth clean permanent surface as required by the
City of Virginia Beach Health Department. Footings, pavers and concrete
flooring are permissible.
5.1.e Perimeter Fence: A perimeter fence shall be a minimum of thirty (30)
inches in height and maximum 42" height. It shall be constructed of
finished painted wood, factory-finished metal glass or masonry block, or a
manufactured fiberglass or metal railing system.
5.1.D Canopy: Boardwalk Cafes shall have a soft top, temporary canopy
constructed as specified herein. The canopy shall only cover the top of
the Boardwalk Cafes, except that transparent vinyl or plastic curtains may
be used on the sides as windbreaker. At no point shall the height of the
canopy be lower than eight (8) feet above the floor of the Boardwalk Cafe.
The valence ofthe awning shall not exceed twelve (12) inches in width.
All canopies shall be constructed of fire resistant vinyl fabric or canvas as
approved by the City of Virginia Beach Planning Department/Permits and
Inspection Division, and shall meet all applicable Building, Structural, and
Fire Codes. Supporting Structure shall be metal pipe or tube system not to
exceed 2" in Diameter. Deviations shall be individually reviewed by the
City.
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5.1.E Fixtures: The furnishings of the interior of a resort open air cafe shall
consist solely of moveable tables and chairs and decorative accessories. In
no event shall such objects penetrate the exterior perimeter boundary or
the canopy. Planter boxes on cafe railing are allowed. All movable objects
required for operation of a resort cafe shall be removed from the cafe area
and stored out of view during adverse weather conditions acclaimed by the
City during, the off-season, or when the cafe is not in operation for more
than a five (5) day period. These objects include tables, chairs,
furnishings, and decorative fixtures.
5.1.F Planting: Planting shall be provided and properly maintained by the
owner/applicant around the perimeter of the Boardwalk Cafe. One
planting bed of not less than five (5) feet nor more than ten (10) feet. The
City Landscape Services Department shall review and approve the
applicants landscape plan prior to operating the cafe.
5.1.G Access: Only one well-defined entrance opening connected to an existing
or new walkway system which connects to the boardwalk should be
permitted. Access will meet all ADA Standard Disability Access
requirements.
5.1.H Size: Improvements on public property are limited to a cafe (maximum
800 sq. ft.) and one five (5) foot walkway.
5.1.1 Maintenance: Cleanup and necessary maintenance of the area of a Resort
Open Air/Boardwalk Cafe including landscape areas and City property
adjacent to cafe is the sole responsibility of the designated franchisee.
5.1.J Lighting: Only incandescent lighting, candles, Christmas lights, and
ceiling fans are permitted on the interior of the Boardwalk Cafe.
5.1.K Storage: Storage of any kind is not permitted on public property;
including trash or refuse.
5.1.L Signs: One (1) menu board is permitted within the perimeter of the resort
open air cafes. The menu board shall not be larger than five (5) square
feet. The name of the establishment may be painted or sewn in a single
location on the valence of the canopy with a maximum of eight (8)-inch
lettering.
5.1.M Bicycle Parking Area: Bicycle parking areas are recommended to be
integrated with the cafe improvements. The bicycle parking area will be
approximately eight (8) feet by eleven (11) feet concrete, brick pavers, or
similar paved area with a single load bicycle rack. This area will not be
4
included in franchise cafe area allowance, however, it should be made
available for general public use.
5.2 Category B - Connector Park Cafe. A resort connector park cafe is to be
located on public property in a Connector Park in the RT -1 zoning districts. The
Cafe is not to extend East ofthe building's property line.
5.2.A Setbacks: Category B Cafes shall be a required to have minimum setback
of ten (10) feet from the Atlantic Avenue curbline. The Cafe is not to
extend East of the building's property line. Pending review of specific cafe
site plans, additional setbacks and clear path space may be required.
5.2.B Floor: The existing paved park surface may be used. In addition to floor
requirements, the floor shall be a smooth clean permanent surface as
required by the City of Virginia Beach Health Department. Footings,
pavers and concrete flooring are permissible.
5.2.C Perimeter Fence: A perimeter fence shall be a minimum of thirty (30)
inches in height and maximum 42" height. It shall be constructed of
finished painted wood, factory-finished metal glass or masonry block, or a
manufactured fiberglass or metal railing system.
5.2.D Canopy: Canopies are permitted but not required. If specified, canopies
for Category B Cafes (Connector Park Cafes) should have a soft top,
temporary canopy constructed as specified herein. The canopy shall only
cover the top of Category B Cafes (Connector Park Cafes), except that
transparent vinyl or plastic curtains may be used on the sides as
windbreaker. At no point shall the height of the canopy be lower than
eight (8) feet above the floor of the Category B Cafe (Connector Park
Cafes). The valence of the awning shall not exceed twelve (12) inches in
width. Umbrellas are permitted.
All canopies shall be constructed of fire resistant vinyl fabric or canvas as
approved by the City of Virginia Beach Planning Department/Permits and
Inspection Division, and shall meet all applicable Building, Structural, and
Fire Codes. Supporting Structure shall be metal pipe or tube system not to
exceed 2" in Diameter. Deviations shall be individually reviewed by the
City.
5.2.E Fixtures: The furnishings of the interior of a resort open air cafe shall
consist solely of moveable tables and chairs and decorative accessories. In
no event shall such objects penetrate the exterior perimeter boundary or
the canopy. Planter boxes on cafe railing are allowed. All movable objects
required for operation of a resort cafe shall be removed from the cafe area
and stored out of view during adverse weather conditions acclaimed by the
City during, the off-season, or when the cafe is not in operation for more
5
than a five (5) day period. These objects include tables, chairs,
furnishings, and decorative fixtures.
5.2.F Planting: Additional planting may be required by City Staff for Category
B Cafes (Connector Park Cafes). The City Landscape Services
Department shall review and approve the applicants landscape plan.
5.2.G Access: One well-defined opening is required. Orientation of that opening
will be reviewed by the City staff according to pedestrian safety and the
aesthetic requirements of each location. Access will meet all ADA
Standard Disability Access requirements.
5.2.H Size: Improvements on public property are limited to a cafe (maximum
800 sq. ft.).
5.2.1 Maintenance: Cleanup and necessary maintenance of the area of a
Category B (Connector Park Cafe) including landscape areas and City
property adjacent to cafe is the sole responsibility of the designated
franchisee.
5.2.J Lighting: Only incandescent lighting, candles, Christmas lights, and
ceiling fans are permitted on the interior of the Category B Cafe
(Connector Park Cafe).
5.2.K Storage: Storage of any kind IS not permitted on public property;
including trash or refuse.
5.2.L Signs: One (1) menu board is permitted within the perimeter of the resort
open air cafes. The menu board shall not be larger than five (5) square
feet. The name of the establishment may be painted or sewn in a single
location on the valence of the canopy with a maximum of eight (8)-inch
lettering. If umbrellas are used the name of the cafe may appear on the
valence of each umbrella.
5.2.M Bicycle Parking Area: Bicycle parking areas are not allowed in the
Connector Parks. Category B Cafes (Connector Park Cafes) must use
existing parking racks.
5.2.N Service Bar Openings: Service bar openings for waiter/waitress use are
allowed into a Connector Park Cafe only~ Service bar opening will be
maximum of 5 feet wide. Operation of bar must meet all ABC
regulations.
5.3 Category C - Atlantic Avenue Sidewalk Cafe. An Atlantic Avenue
Sidewalk Cafe is to be located on the public sidewalk along Atlantic Avenue
directly adjoining an existing restaurant facility in the RT-2 Zoning Districts.
Cafes are Bot permitted between 15th and 24th Streets on Atlantic Avenue will
be permitted separately as Catel!orv E cafes. Canopies are not allowed for
6
Category C cafes. However, awnings are permitted as defined in Section 5.3.D,
Awnings. Category C Cafes are to be temporary in nature and designed so that all
chairs, tables, planters, fences, etc. can be removed during periods of non-use.
5.3.A Setback: Category C Cafes are required to be setback a minimum of eight
(8) feet from the curb line and all obstructions in the public right-of-way.
Pending review of specific cafe site plans, additional setbacks and clear
path space may be required. The minimum distance shall be measured
from the portion of the cafe frontage which is nearest the obstruction. For
the purpose of these guidelines obstructions shall be defined as vertical
public infrastructure improvements such as traffic ~ignal poles, sign poles,
light poles, planting areas, trees, trash receptacles, benches, bike racks,
parking meters, etc.
5.3.B Floor: Only the existing paving or sidewalk is to be used for placement of
removable cafe furnishings. Should the building be setback from the curb
line, the development of new surfaces for seating may be permitted.
5.3.C Perimeter Fence: A perimeter fence shall be a minimum of thirty (30)
inches in height and maximum 42" height. It shall be constructed of
finished painted wood, factory-finished metal glass or masonry block, or a
manufactured fiberglass or metal railing system.
5.3.D Awnings: Canopies are not allowed for Category C Cafes(Atlantic
Avenue Sidewalk Cafes), but awnings as allowed through the Resort Area
Facade Program are permitted; awnings extending beyond the dimension
permitted in the Resort Area Facade Program (3') may be permitted based
on review by City staff and the Resort Advisory Commission (RAC).
Umbrellas are permitted. If umbrellas are used the name of the cafe may
appear on the valence of each umbrella.
5.3.E Fixtures: The furnishings of the interior of a resort open air cafe shall
consist solely of moveable tables and chairs and decorative accessories. In
no event shall such objects penetrate the exterior perimeter boundary or
the canopy. Planter boxes on cafe railing are allowed. All movable objects
required for operation of a resort cafe shall be removed from the cafe area
and stored out of view during adverse weather conditions acclaimed by the
City during, the off-season, or when the cafe is not in operation for more
than a five (5) day period. These objects include tables, chairs,
furnishings, and decorative fixtures.
5.3.F Planting: Perimeter planting in planters or planter boxes will be required;
selection of planting will be determined by City staff. All such planters or
plantings shall be on or within the cafe.
5.3.G Access: Only one well-defined entrance opening is permitted to the cafe
area; the cafe area must be connected to the corresponding business
7
entrance. Orientation of that opening will be reviewed by the City staff
according to pedestrian safety and the aesthetic requirements of each
location. Access will meet all ADA Standard Disability Access
requirements.
5.3.H Size: Category C Cafes may not cover more than the front face of the
operating business building. In addition, the scale, proportion, and overall
design of the cafe shall be reviewed by City staff to ensure the cafe is
compatible with the adjacent building, the street block face, and the
overall goals of the Resort Area Facade Program and the Resort
Streetscape Improvements.
5.3.1 Maintenance/Operation: The Category C Cafe operator will be
responsible to maintain an attractive and clean cafe area at all times.
5.3.J Lighting: Only incandescent lighting, candles, and Christmas lights are
permitted on the interior of the Category C Cafe (Atlantic Avenue
Sidewalk Cafe).
5.3.K Storage: Storage of any kind IS not permitted on public property;
including trash or refuse.
5.3.L Signs: One (1) menu board is permitted within the perimeter of the resort
open air cafes. The menu board shall not be larger than five (5) square
feet. Ifumbrellas are used the name of the cafe may appear on the valence
of each umbrella.
5.3.M Bicycle Parking Area: Bicycle parking areas are not allowed to be
installed on City Property. Category C Cafes (Atlantic Avenue Sidewalk
Cafes) must use existing bike racks.
5.4 Category D - Atlantic Avenue Side Street Cafe. A Category D Cafe (Atlantic
Avenue Side Street Cafe) is to be directly adjoining an existing restaurant facility
in the RT-2 or RT-3 zoning district; is to be located on public property; and is to
be located on side streets only between Atlantic and Pacific Avenues. No cafes
are authorized west of Pacific Avenue. Category D Cafes are to be temporary in
nature and designed so that all chairs, tables, planters, fences, etc. can be removed
during periods of non-use. Canopies are allowed for Category D cafes but not
required.
5.4.A Setback: Category D Cafes (Atlantic Avenue Side Street Cafes) are
recommended to be setback eight (8) feet, but a minimum distance of (6)
feet clear sidewalk width, free from obstruction, is required for all
Category D Cafes.
Pending review of specific cafe site plans, additional setbacks and clear
path space may be required. The minimum distance shall be measured
8
from the portion of the cafe frontage which is nearest the obstruction. For
the purpose of these guidelines obstructions shall be defined as vertical
public infrastructure improvements such as traffic signal poles, sign poles,
light poles, planting areas, trees, trash receptacles, benches, bike racks,
parking meters, etc.
5.4.B Floor: Only the existing paving or sidewalk is to be used for placement of
removable cafe furnishings. Should the building be setback from the curb
line, the development of new surfaces for seating may be permitted.
5.4.C Perimeter Fence: A perimeter fence shall be a minimwn of thirty (30)
inches in height and maximum 42" height. It shall be constructed of
finished painted wood, factory-finished metal glass or masonry block, or a
manufactured fiberglass or metal railing system.
5.4.D Canopy: Canopies are permitted but not required. If specified, a Category
D Cafe (Atlantic Avenue Side Street Cafe) shall have a soft top, temporary
canopy constructed as specified herein. The canopy shall only cover the
top of Category D Cafes ( Atlantic Avenue Side Street Cafes), except that
transparent vinyl or plastic curtains may be used on the sides as
windbreaker. At no point shall the height of the canopy be lower than
eight (8) feet above the floor of the Category D Cafe (Atlantic Avenue
Side Street Cafes). The valence of the awning shall not exceed twelve
(12) inches in width. Umbrellas are permitted. If umbrellas are used the
name of the cafe may appear on the valence of each wnbrella.
All canopies shall be constructed of fire resistant vinyl fabric or canvas as
approved by the City of Virginia Beach Planning Department/Permits and
Inspection Division, and shall meet all applicable Building, Structural, and
Fire Codes. Supporting Structure shall be metal pipe or tube system not to
exceed 2" in Diameter. Deviations shall be individually reviewed by the
City.
5.4.E Fixtures: The furnishings of the interior of a resort open air cafe shall
consist solely of moveable tables and chairs and decorative accessories. In
no event shall such objects penetrate the exterior perimeter boundary or
the canopy. Planter boxes on cafe railing are allowed. All movable objects
required for operation of a resort cafe shall be removed from the cafe area
and stored out of view during adverse weather conditions acclaimed by the
City during, the off-season, or when the cafe is not in operation for more
than a five (5) day period. These objects include tables, chairs,
furnishings, and decorative fixtures.
9
5.4.F Planting: Perimeter planting in planters or planter boxes will be required;
selection of planting will be determined by City staff. All such planters or
plantings shall be on or within the cafe.
5.4.G Access: Only one well-defined entrance opening is permitted to the cafe
area; the cafe area must be connected to the corresponding business
entrance. Orientation of that opening will be reviewed by the City staff
according to pedestrian safety and the aesthetic requirements of each
location. Access will meet all ADA Standard Disability Access
requirements.
5.4.H Size: A Category D Cafe (Atlantic Avenue Side Street Cafe) may not
cover more than the front face of the operating business building. In
addition, the scale, proportion, and overall design of the cafe shall be
reviewed by City staff to ensure the cafe is compatible with the adjacent
building, the street block face, and the overall goals of the Resort Area
Facade Program and the Resort Streetscape Improvements.
5.4.1 Maintenance: The Category D Cafe operator will be responsible
to maintain an attractive and clean cafe area at all times.
5.4.J Lighting: Only incandescent lighting, candles, Christmas lights and
ceiling fans are permitted on the interior of the Category D Cafe (Atlantic
Avenue Side Street Cafe).
5.4.K Storage: Storage of any kind IS not permitted on public property;
including trash or refuse.
5.4.L Signs: One (1) menu board is permitted within the perimeter of the resort
open air cafes. The menu board shall not be larger than five (5) square
feet. The name of the establishment may be painted or sewn in a single
location on the valence of the canopy with a maximum of eight (8)-inch
lettering. If umbrellas are used the name of the cafe may appear on the
valence of each umbrella.
5.4.M Bicycle Parking Area: Bicycle parking areas are not allowed to be
installed on City Property, Category D Cafes (Atlantic Avenue Sidewalk
Cafes) must use existing bike racks.
5.5 Cate 0 E - Atlantic Avenue Sidewalk Cafe--15th to 24th Streets.
A Category E Cafe (Atlantic Avenue Sidewalk Cafe-15th to 24 Streets)
is to be located on the public sidewalk along Atlantic Avenue directly
adjoining an existing restaurant facility in the RT -2 Zoning Districts
between 15th and 24th Street. A franchise for these cafes will only be
granted to those restaurants located on private property with 80% or more
10
of interior space dedicated to table and chairs for sit down service by a
waiter or waitress.
Category E Cafes are to be temporary in nature and designed so that all
chairs. tables. planters. fences. etc. can be removed during periods of non-
use.
5.5.A Setback: Category E Cafes are required to be setback a minimum
of eight (8) feet from the curb line and all obstructions in the public right-
of-way.
Pending review of s{Jecific cafe site plans. additional setbacks and clear
path space may be required. The minimum distance shall be measured
from the {Jortion of the cafe frontage. which is nearest the obstruction. For
the purpose of these guidelines obstructions shall be defined as vertical
public infrastructure improvements such as traffic signal {Joles. sign {Joles.
light poles. planting areas. tree grates. trees. trash receptacles. benches.
bike racks. parking meters. etc.
5.5.B Floor: Only the existing paving or sidewalk is to be used for
placement of removable cafe furnishings. Should the building be setback
from the curb line. the development of new surfaces for seating may be
permitted on private property only.
5.5.C Perimeter Fence: A perimeter fence shall be a minimum of thirty
(30) inches in height and maximum 42" height. It shall be decorative in
nature and constructed of finished painted wood. factory-finished metal. or
a pre-manufactured heavy grade fiberglass or ornamental metal railing
system. All cafe perimeter fence systems shall be reviewed by the city
prior to approval for their use. Planter systems are encouraged to
complement the fencing svstem.
5.5.D Awnin2s: Canopies are not allowed for Category E Cafes
(Atlantic Avenue Sidewalk Cafes), but awnings as allowed through the
Resort Area Facade Program are permitted: awnings extending beyond the
dimension permitted in the Resort Area Facade Program (3') may be
permitted based on review by City staff and the Resort Advisory
Commission (RAC) Planning Design Review Subcommittee (PDRC).
Umbrellas are {Jermitted. If umbrellas are used the name of the cafe may
appear on the valence of each umbrella.
5.5.E Cafe Furnishin2s: The furnishings of the interior of a resort open
air cafe shall consist solely of moveable tables and chairs and decorative
accessories. Tables and chairs shall be constructed of stainless steel.
11
fiberglass. powder coated aluminum or other metal. painted. treated or
natural finish exterior grade wood. high density polyethylene (HDPE) or
an approved site furnishing system. All cafe furnishings shall be reviewed
by the city prior to approval for their use. In no event shall such obiects
penetrate the exterior perimeter boundary or the canopy. All movable
obiects required for operation of a resort cafe shall be removed from the
cafe area and stored out of view during adverse weather conditions
acclaimed by the City during. the off-season. or when the cafe is not in
operation for more than a five (5) day period. These obiects include tables.
chairs. furnishings. and decorative fixtures.
5.5.F Plantin2: Planter boxes on cafe railings are allowed. Selection of
planting will be reviewed by City staff. All such planters or plantings
shall be on or within the cafe. Cafe operators will be responsible for
landscape maintenance of all planters
5.5.G Access: Only one well-defined entrance opening is permitted to
the cafe area: the cafe area must be connected to the corresponding
business. Special consideration should be given to refurbishment of the
restaurant facade to allow access to the cafe from the interior of the
restaurant at another location than the main restaurant entrance. French
doors or similar door systems should be used to open the existing
restaurant directly on to the outdoor cafe so as to not conflict with the
main restaurant entrance area. In all possible cases. cafes should be
accessed from the interior of the restaurant and not from the Atlantic Ave.
sidewalk area Orientation of that opening will be reviewed by the City
staff according to pedestrian safety and the aesthetic requirements of each
location. Access will meet all ADA Standard Disability Access
requirements.
5.5.H Size: Category E Cafes may not cover more than the front face of
the operating business building. In addition. the scale. proportion. and
overall design of the cafe shall be reviewed by City staff to ensure the cafe
is compatible with the adiacent building. the street block face. and the
overall goals of the Resort Area Facade Program and the Resort
Streetscape Improvements Program.
5.5.1 Maintenance/Operation: The Category E Cafe operator will be
responsible to maintain an attractive and clean cafe area at all times.
5.5.J Lightin2: Only incandescent lighting. candles. and holiday lights
are permitted on the interior of the Category E Cafe. Special
considerations may be extended to cafes located directly under city
provided street lighting.
12
5.5.K Storae:e: Storage of any kind is not permitted on public property:
including trash or refuse.
5.5.L Sie:ns: One (1) menu board is permitted within the perimeter of the
resort open air cafes. The menu board shall not be larger than five (5)
square feet. If umbrellas are used the name of the cafe may appear on the
valence of each umbrella.
5.5.M Bicycle Parkine: Area: Bicycle parking areas are not allowed to be
installed on City property. Category E Cafes must use existing bike racks.
5.5.N Special Franchise Requirements: Every Category E Cafe
franchise agreement shall contain the following special requirements.
which shall control in the event of a conflict with any other provisions of
the Resort Open Air Cafe Regulations:
1. Alcoholic beverages shall only be served with meals. and only
in unbreakable drinkware:
2. The operator shall not permit persons other than patrons or
employees of the establishment to enter the premises or to
congregate therein. other than at tables provided by the
establishment:
3. In the event a public safety official determines that the open air
cafe should be closed earlier than the normal closing time for
reasons of crowd control. unruly behavior either within the
establishment or in nearby areas. or for other reasons related to
preservation of public safety or public order. the operator shall
close the open air cafe immediately or at such later time as directed
by the public safety official. and the willful failure or refusal of
any person to comply with such order shall be punishable as a
misdemeanor. as provided by City ordinance:
4. The establishment must offer a full service menu (a copy of
which shall be provided to the City Manager as part of the
franchise application). and the open-air cafe may remain open only
so long as all regular menu items served by the establishment are
available to patrons:
5. All tables and chairs shall be removed from the premises upon
the close of business each day and stored inside the establishment.
and the operator shall not permit the franchised area to be used for
storage of furniture or equipment or for any purpose other than as
an open-air cafe:
13
6. The operator shall not allow persons awaiting entry into the
establishment or open-air cafe to form lines on the sidewalk. but
shall admit patrons only from the inside of the establishment; and
7. The operator shall strictly complY with all fire. building.
zoning. alcoholic beverage control. or health regulations in the
operation of the open air cafe and the remainder of the
establishment.
5.5.0 Revocation of Franchise: The franchise agreement shall provide
that a Category E franchise may be revoked by the City Manager
whenever the City Manager determines that one of the following
conditions has occurred:
1. The owner or operator of the establishment has been found
guilty of a criminal offense arising from the operation of the
establishment;
2. The owner or operator of the establishment has been assessed a
civil penalty for violation of any fire. building. zoning. alcoholic
beverage control. or health regulation arising from the operation of
the establishment:
3. The presence of the open-air cafe is causing or contributing to a
deterioration of the Quality of the pedestrian experience or general
environment in the area:
4. The open-air cafe is in violation of any material term of its
franchise agreement or the Resort Open Air Cafe Regulations: or
5. The operator has failed to comply with an order of a public
safety official of the City directing that the open-air cafe be closed.
as provided by Section 5.5.N (3) of the Resort Open Air Cafe
Regulations.
The franchise agreement shall also provide that the City Manager may
suspend the owner or operator's privilege to operate the open air cafe
under the franchise pending a final disposition of any criminal charge.
alcoholic beverage control violation. or civil infraction arising from the
operation of the establishment.
5.5.P Effect of Revocation of Franchise: The franchise agreement shall
provide that. upon revocation or suspension of a franchise by the City
Manager. the owner or operator shall immediately cease operation of the
open air cafe and shall remove all tables. chairs and other items located on
City pro?erty within twenty-four (24) hours of the revocation or
suspension. As provided by City ordinance. the failure of the owner or
operator to comply with the order of the City Manager revoking or
14
suspending a franchise shall punishable as a misdemeanor. The franchise
agreement shall authorize the City Manager to remove or contract for the
removal of any tables. chairs. barriers and other items encroaching upon
City property and charge the costs thereof to the owner or operator. which
costs may be collected as real estate taxes are collected.
5.5.R Facade Review and Improvements: Prior to the consideration of
any application for a Category E franchise. the applicant must submit a
preliminary concept of the proposed cafe. including photographs of the
existing fayade of the associated restaurant building and adiacent building
facades. and architectural renderings demonstrating how the cafe will be
integrated with the associated restaurant building's facade. The facade
must be structurally sound and in good repair. and the proposed cafe and
facade must be consistent with the Resort Area Facade Program Design
Guidelines. The Resort Advisory Commission Design. Committee will
review the proposed cafe and the condition of the existing building facade.
and either (1) approve the preliminary concept or (2) provide the applicant
with recommended changes for the proposed cafe. the facade or both.
Only after the preliminary concept is approved will an application for a
Category E franchise be considered under section 6.1. The effective date
of this subsection shall be January 1. 2006. No Category E franchise shall
be granted or renewed for a term that extends beyond April 30. 2006.
unless the franchisee has complied with the requirements of this
subsection.
SECTION 6. ADMINISTRATION AND ENFORCEMENT
6.1 Requirements for Application
In order to create a Resort Open Air Cafe, the granting of a franchise agreement
will be required. Applications (per Section 6.2) will be made to the Office of the
City Manager or his designated representative, the Departmont of Convention and
Visitor~ DevelopmentJResort Management Office and the Design & Planning
Committee of the Resort Advisory Commission, and shall ensure continued
compliance with applicable policies and guidelines in addition to those
specifically stated herein. These requests will be reviewed by the Office of the
City Manager or his designated representative, the Department of Convention and
Visitor Development (Resort Management Office), with recommendation for
approval/disapproval from the Resort Advisory Commission, and will be
reviewed and acted upon by the City Council ofthe City of Virginia Beach.
The regulations herein are intended to establish the necessary criteria with which
the Resort Open Air Cafes shall first comply in order to be eligible for
consideration for such a franchise agreement.
Request for a variance to any of the following regulations may be reviewed by
15
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staff and the Resort Advisory Commission. Such consideration shall apply only
to conditions relevant to the site and placement of the cafe, NOT construction
material.
Approval of the City of Virginia Beach Health Department and (when applicable)
the State of Virginia Alcoholic Beverage Control Board is required for operation
of Resort Open Air Cafes.
A fee of one-hundred dollars ($100.00) shall be paid to the City for the processing
of an application for a franchise. The City Manager or his designated
representative shall not accept any application unless such fee be paid at the time
application is filed. Applications for cafe franchises to be received no later than
March 1, proceeding summer season of anticipated construction and operation.
No application shall be processed for the year in question that fails to meet the
application deadline.
The City Manager or his designated representative, is hereby authorized and
directed to prepare and adopt a procedure for the processing of such applications
and the reporting to City Council of any detrimental effect which requested
franchise may have on the public health, safety, welfare, and interest.
City Council may deny or grant a franchise subject to such terms and conditions
as City Council may, in its discretion deem proper. Notwithstanding any other
provision of law, City Council shall deny any franchise request it determines, in
its discretion, to be detrimental to the public health, safety, and welfare or interest.
6.2 Documents and Review Required for Application
Three (3) copies of a preliminary site development plan, including a current
physical survey, no older than 90 days, from building to the curb line, finish
schedule, a landscape plan, and elevation drawings showing canopies and their
relationship to the support buildings.
Engineering/Site Plan review will be necessary for cafes requiring construction of
a concrete slab and/or temporary improvements in the public right-of-way.
Fifteen (15) copies of the final site plan will be required and should be submitted
to the Development Services Center, Room 180, at the Municipal Center
Operations Building (Building #2).
Photographs of the proposed cafe site and building facade.
RAC - Design Committee review and recommendation for approval/denial.
16
Plan Content: Plans shall be prepared using a minimum scale of 1" = 1 0'0" and
shall show by name and dimension all existing property lines, easements,
buildings, and other structures, vehicular use areas (including parking stalls,
driveways, service areas, etc.), proposed and existing walkway systems, and
proposed Open Air Cafe. Physical survey by land surveyor showing clear path
and all obstructions.
Elevations: Elevation drawings shall be prepared using a minimum scale of 1" =
1 0'0" and shall show all existing and proposed structures directly adjoining the
proposed cafe structures. Two elevations are required: one front elevation and
one side elevation and/or section drawing.
Finish Schedule: Finish schedule shall include all finish materials proposed for
the Open Air Cafe construction including a landscape plan.
Blueprints/Copies: All drawings shall be in reproduced form, no originals shall be
accepted.
6.3 Insurance and Fees
Applicant will provide liability insurance coverage not less than one million
dollars ($1,000,000) for personal injury and property damage as required.
The franchise fee is to be determined on a gross square foot basis/per year,
payable to the City of Virginia Beach no later than May of the year in effect. The
fees are as follows:
Category A:
Category B:
Category C:
Category D:
Category E:
Boardwalk Cafe
Connector Park Cafe
Atlantic Avenue Sidewalk Cafe
Atlantic Avenue Sidestreet Cafe
Atlantic Avenue Sidewalk Cafe - 15th to 24th Streets
2001 2002 2003 2004 2005
Category A 3.25 4,00 5.00 6.00 7.00 3%**
Category B 3.25 4.00 4.75 5.50 6.00 3%**
Category C 3.25 4.00 4.50 5.00 5.00 3% ..
Category 0 3,25 4.00 4,00 4.00 4.00 3% .*
Category E 5.00 3%.*
* * 3 % increase each year thereafter
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Prior to commencement of operations the Grantee must execute a bond or letter of
credit in favor of the City of Virginia Beach in the amount of ten thousand dollars
($10,000) as determined by the Public Works Department and the Resort
Management Office.
6.4 Enforcement
The franchise period shall be for one (1) year for the first year of operation.
Based upon compliance with these regulations and the Council's desire to
continue to allow Open Air Cafes, an extension of the franchise may be
authorized by the City Council for up to an additional five (5) year period.
During the period in which the franchise is in effect, the Office of the City
Manager or his designated representative is to enforce the provisions of the
franchise agreement, and is authorized to suspend the agreement if there is a
violation of the agreement.
In the event the City determines that the Grantee has failed to properly comply
with any of the terms or conditions of this Agreement, Grantee shall be given a
minimum of twenty-four (24) hours and a maximum often (10) calendar days to
remedy its non-conformance. The amount of time that Grantee shall be permitted
to gain compliance shall be determined in the sole discretion of the City, by its
authorized officer, agent, or employee. However, such time shall be reasonable
and shall be based upon the level of severity of the noncompliance. If Grantee
fails to effect compliance within the time allowed, the City shall have the right to
suspend Grantee's operation, in whole or in part, until such time as Grantee shall
remedy its non-compliance.
No portion of the open air/boardwalk cafes shall open or project beyond the
designated perimeters of the cafe area.
SECTION 7. DEMOLITION
If applicant is required to demolish or remove cafe or any portion thereof, the applicant
must submit approval plans to the Department of Planning for review.
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Design Guidello~s
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INTRODUCTION
The following design guidelines have been developed for the City of Virginia
Beach by Philip.A. Shaw and Associates; and. Planning Design Resources/Morton
B. Gulak of Richmond. Virginia. The guidelines have been reviewed by
representatives of the Resort Area business community through a process of
public workshops and presentations. In addition, the guidelines have been
reviewed by members of the Resort Area Advisory Commission and City departments
including Zoning and Permits, the City Attorney's Office. Public Works/Real
Estate. and the Resort Programs Office. Through the review process a variety
of recommendations an~ revisions have been incorporated in the guidelines.
The guidelines are intended to assist
appearance of commercial properties, and
vitality of the resort area.
resort businesses in improving the
therefore, improving the economic
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RF30RT AREA. FACADE PROGIWI
DESIGN GUIDBLIN'BS
VIRGINIA BEACH, VIRGINIA
PURPOSE
The program of improvements to the Resort Area commercial district is intended
to maintain its economic position and attraction to future consumers. The
process to accomplish this program is complicated and requires many components
to achieve its purpose. Urban design. one of the components, can achieve
dramatic results through simple rehabilitation of building facades. The
following guidelines establish a uniform approach to facade improvements
through an overall design theme for the Resort Area. By following these
guidelines, property owners and merchants will improve the appearance of their
individual building and the entire area as well.
SCOPE
These design guidelines apply to commercial buildings directly adjacent to the
public right-of-way in the Resort Area as delineated by the boundaries of the
Beach Borough.
GENERAL DESIGN rKATURES
The following are the design features that ar~ important to producing a
cohesive shopping environment in the Resort Area and providing an identity for
individual facades:
SCALE - the relationship of buildings and their parts to human size and
perception.
RHYTHK - .the pattern of repeating elements such as individual facades
or signs that exist on each block.
PROPORTION - the proper fit of building parts and the overall facade
(windows. doors, roofline and decorative trim) to each other.
MATERIALS - the facade materials in relation to the original facade
design and construction and to neighboring facades.
COLOR - colors should respect the building's architecture. be coordi-
nated along each block and create a mood for the street.
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Actions are necessary by each building owner to transform these design features
into a quality shopping district. These actions may be minor involving only
paint, a sign or an awning, or major involving the restoration of the entire
storefront. Each action. no matter what scale, when guided by these guidelines
will help to make the area into a more coherent shopping district.
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:FACADB DESIGN GUIDHLINBS
1. R!TAIN .AND RlSTOllI THE ORIGIRAL S'l'ORKP1Dll WHERE POSSIlU.E
The original storefront was designed to present that business in an
attractive manner through a coordination of scale, proportion and
alignment of its features. Restoration of this design, in most cases,
will reestablish the building '.s scale and character and expose the
original design relationships. Painting, removing later additions to
the facade or adding trim or other elements can also achieve the
restoration of the intended design statement.
2. BACH STORKPRoNT SHOULD BE mENTIFIABI.B:
Additions to facades over time and renovations that include two to
three storefronts within one design exist in sections of the Resort
Area. These are confusing to shoppers when trying to locate the
entrance to a particular business. Color and design should be used to
properly identify each storefront and reestablish the rhythm of facades
along the street.
3. EXPOSB ORIGINAL WINDOW AND DOOR OPENINGS
Once the original openings for storefront windows and doors are
restored, the proper proportions of the facade will be more clear.
Where this is not pOSSible, due to later construction or the present
type of business, efforts should be 'made to identify these openings
with paint or applied trim.
4. AVOm ARTD'ICIAL MATERIALS THAT DO HOT :FIT WITH THE ORIGINAL DESIGN
lR'I.'D1TIONS
Materials that are artificial to the original design, construction and
materials present a confusing identity to visitors. Aluminum siding,
for example, is a residential material and does not fit in a commercial
district. The use of wood, brick, stucco and glass is appropriate but
should be designed to fit with the lines for the facade and its urban
setting.
5. RDfOVE EXTlW1EOUS MATERIAL ROM 'l'BB FACADE
Unused sign mounting brackets, old metal clips, utility boxes, obsolete
pipes, vents and, if possible, front air conditioners should be removed
to clean-up the facade and prevent rust stains and mortar deteriora-
tion.
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6.
RHHOVE SIGNS THAT DO NOT FIT WITH 'l'HE DESIGN CHARACTER AND PROPORTIONS
OF 'l'IIR FACADE
Signs can provide a level of distinctive identity to the Resort Area.
Their design should be compatible with the building and storefront in
addition to identifying the nature of the business. Individuality and
image are encouraged within a framework of quality. Sign color,
material, size and shape should reinforce the proportions of the facade
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and be coordinated with. other features of the building. Signs should
be legible_ clear, attractive, placed logically and not obscure
openings or building details, and be constructed of durable materials.
Generally, signs should be indirectly lighted. Self-illuminated signs
should not be more intense than neighboring signs so that all signs are
visible to shoppers.
This guideline should be used in conjunction with the City of Virginia
Beach's new sign ordinance. Signs allowed under this ordinance along
with the guideline will create a pattern of coherence and quality along
Atlantic Avenue.
7. PLACE BOTl'OK OJ' SIGHS AT m.EVEN l'EET FROM SIDEWALK GRADE
A strong sense of cohesiveness and order is achieved when signs are
aligned to establish a visual base line on the street. The eleven foot
placement will provide an easily identifiable location for shoppers to
look fora particular business and reduce confusion. Individuality is
encouraged in sign shape since a whole block will become unified
through this element. When placement of signs is not possible at
eleven feet, city staff will recommend placement and notify zoning
officials of their recommendations. .
8. ENCROAClIHKNTS SHOULD BE KEPT TO A MINIHmI
Fixed, rigid frame awnings may be placed over facade openings if needed
for sun or weather protection. Awnings should be designed to comple-
ment the architectural features of the facade and not overwhelm the
building or the street. Signs on awnings are encouraged but will be
considered a portion of the building sign allotment. A maximum of six
inch letters should be used on awning signs. Recommended size of
awnings is:
Width - 85% of the front footage of the facade (recommended),
the awning is not to extend to the property line or edge of
the face of the building.
htensions
(maximum)
three feet beyond the face of the facade
Bottom Height eight feet six inches above the sidewalk
grade (minimum) with an additional eight inches allowable for
a valence.
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There may be unusual situations where
height may not be possible, in those
ensure that the awning dimensions
buildings and awnings.
the recommended awning width and
situations it is important to
are compatible with the adjacent
The attached list of recommended awning colors should be used to coordinate
awnings with other colors on the street.
NOTE: Approval for encroachments in the public way is required for awnings
recOlllDeOded in this guideline.
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Many of the resort area bui~dings include facade elements which overhang the
public right-of-way, these elements include roofs. canopies. awnings. marquees.
Encroachments for these elements may be considered based on the following
criteria:
Original Part of Structure - overhanging elements must be an
integral part of the original building structure. The
encroachment applicant is responsible for providing
appropriate information relating to the design. and
construction specifications of the overhanging elements.
Unreasonable Damage - overhanging elements should be per-
mitted only if the property owner can demonstrate the removal
would cause unreasonable damage to the building.
Overhanging elements or portions of the elements should not be
permitted based on the following criteria:
Signs - no signs allowed on overhanging elements except as
identified in the awning guidelines.
Visual supports - overhangs supported by cables and other
structural supports which are visible from the exterior of
the building are not permitted.
Dimensions width, bottom height. and extension should
comply with the awning dimensions outlined above. In some
cases compliance with the recommended dimensions may be
modified and permitted based on structural and or design
consistency, considerations for public safety, and
coordination with adjacent building.
9. LIGHT INTERIOR OF STOREFRONT WINDOWS AND NOT THE EXTERIOR OF THE FACADE
Lighting of interiors behind the storefront glass reduces glare and
allows displays to be visible from the outside. Interior lighting can
also ~prove security by making activities visible from the outside.
Interior lighting is a general recommendation and not necessarily
appropriate for all businesses, however, all retail display windows
should be adequately lighted from interior sources.
A consistent level of exterior lighting along each block should be
implemented. Exterior lighting should emphasize signs and the top of
facades from eleven feet to the roof line of buildings. Until the time
that pedestrian level lights are installed. exterior lighting of
buildings may be permitted as follows:
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Hounting - exterior lights should be flush mounted and not
extend more than 12" (twelve) inches maxiinum from the face of
the building facade.
Direction - no more than 507. of the illumination of the
lights should fall on the face of the building.
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NUmber - flush mounted lights are not to exceed three (3) for
each twenty feet of building frontage.
Awning lighting - lights beneath the awnings for the purpose
of backlighting the awning or storefront entry lighting may
be permitted.
Perimeter lighting - nonpu1sating, white, perimeter lights
outlining only awnings and the building rooflines will be
permitted. Adjacent or connected buildings should be
encouraged to coordinate this type of lighting to facilitate
a unified and consistent treatment of building facades.
10. USE COLORS nOM THE RECOMHBNDED COLOR SCBEHE FOR ATLANTIC AVF.N1JE FOR
PAINTING :rACADES AND. BUILDING PAR'l'S.
Colors should compliment the architectural facade and be compatible
with adjacent buildings. Color combinations on each facade should be
limited to three colors: an overall base color and two accent colors.
Side and rear walls should avoid harsh shifts from the facade colors.
The attached list of recommended colors should be used to produce a
complimentary series of facades on each block and a consistent mood
throughout the shopping district. Colors will be reviewed for
compatibility with adjacent properties and overall conformity with the
int,entions of the facade program. UnuS11al or special situations my
occur which will require a flexible interpretation of the color
recommendations.
11. 'l'WO STORY FACADES SHOULD FOLLOW THP'SB GlJIDI<<.l:NBS FOIl IKPROVEMENTS
These guidelines are intended for two story buildings with activities
on the second floor as well as for one story buildings. Buildings with
three or more floors should apply these guidelines to first floor
commercial frontage and to the rest of the building as appropriate.
12. HAINTAIN BUILDINGS PROPDLY
Facades of buildings should be maintained to prevent structural
deterioration of materials and an unsightly appearance. Each facade
should be inspected and evaluated to determine the effects of weather
on the condition of materials. Proper maintenance includes the
following facade elements:
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Masonry (brick, stone_ terra cotta...) requires periodic
cleaning to remove surface dirt and grime. Water or gentle
chemicals should be used. Sandblasting is not recommended.
Paint on masonry should be replaced every two to five years
to preserve the quality of the color and the surface finish
on the facade. Repainting to replace washed out mortar or
repair cracks should be mixed to match the color and consist-
ency of the existing mortar.
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Wood should be repainted every two to five years. Rotted or
damaged pieces should be replaced in a manner as to conceal
their installation.
Parapet walls and copings should be repaired and restored to
their original size and shape. The joint at the intersection
of the roof and parapet should be properly flashed and sealed
to prevent water from entering the building.
Roofs should be repaired, if leaking_ and gutters. downspouts
and flashing repaired or replaced.
Storefront windows and c~ulkin8 should be replaced, if
needed, and drip sills set at the top and bottom of windows
to prevent water from flowing behind surface materials. Weep
holes should be opened at the base of facades if there is an
indication of water behind the surface.
Metal surfaces should be cleaned gently to remove loose or
peeling paint and all corrosion in preparation for painting.
Prime surfaces with an appropriate rust inhibitor and then
paint with an oil base paint.
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RBSORT AREA llACADE PROGRAM
VIRGINIA BEACH, VIRGINIA
RecOIIIIleIlded Paint Colors
Color
Number
Manufacturer 1
Base Colors:
Bedford Blue
Coral Tan
Tawny Coral
Clay Basket
Autumn Mist
Appalachian Fern
4070
3250
4252
3611
2536
3428
Pittsburgh
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If
Trim Colors:
Colony Red
Grotto Green
Valley Forge Green
Black Umber
Sonoma Grape
Slate Mill
4187
.4039
7428
7613
4073
3751
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ReCOIIIIleIlded Awning Colors2 J 3
Salmon
Aquamarine
Beige
True Brown
Sky Blue
4627
4623
4620
4621
4624
Sunbrella 1
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1 Manufacturers names are for color reference only. The selected color does
not have to be from the planned manufacturer.
2 Acrylic fabric is recommended. however. canvas is permitted as specified in
the Statewide Building Code (BOCA).
3 Two .combinations of these colors are recommended as are white or another
neutral color with an approved color.
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Item V-I.3.
ORDINANCES/RESOLUTION
ITEM # 53682
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to TRANSFER $2,000,000 from the Debt Service fund and
$9,138 from Reserve for Contingencies to the "Police Training
Facility" and the Police Department's FY 2004-2005 operating budget
re services at the Blackwater Lodge and Training Center; and
A UTHORIZE the City Manager to execute the services contract,
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Mayor Meyera
E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A, Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Richard A. Maddox
March 8, 2005
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5
6
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AN ORDINANCE TO TRANSFER $2,000,000 FROM THE
DEBT SERVICE FUND AND $9,138 FROM RESERVE FOR
CONTINGENCIES-REGULAR TO CAPITAL PROJECT #3-
229, "POLICE TRAINING FACILITY," AND TO THE
POLICE DEPARTMENT'S FY 2004-05 OPERATING
BUDGET TO FUND SERVICES AT THE BLACKWATER
LODGE AND TRAINING CENTER AND TO AUTHORIZE THE
CITY MANAGER TO ENTER INTO A SERVICES CONTRACT
WITH BLACKWATER LODGE AND TRAINING CENTER,
INC.
11
WHEREAS, the City Council approved a site selection study in
12 2003 to determine how firearm training needs for the Police
13 Department could be met;
14 WHEREAS, the study identified the possibility of an agreement
15 with a third party to provide training services, and an RFP was
16 issued to determine the feasibility of such an arrangement;
17
WHEREAS,
Blackwater Lodge and Training Center,
Inc. ,
18 ("Blackwater") submitted a response that has been determined by
19 City staff to provide the best solution for the Police Department's
20 firearm training needs; and
21 WHEREAS, under this proposal, a driving track, and a firearms
22 simulation and classroom training facility will be located at the
23 Creeds Air Field site, and live firearms training will be conducted
24 at Blackwater facilities located in Moyock, North Carolina under a
25 service contract with Blackwater.
26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28
1. That Capital Project #3-229, "Police Training Facility -
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34
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36
37
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39
40
41
42
43
44
45
46
47
48
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Site Selection and Design," is hereby renamed to Capital
Project #3-229, "Police Training Facility," with its scope
modified to provide for design and construction of a
driving track, firearms simulation and classroom training
facility and to allow site acquisition, as available, for
a noise buffer zone at the Creeds Air Field site.
2. That $2,000,000 is hereby transferred from the Debt
Service Fund, and $9,138 is hereby transferred from the
General Fund's Reserve for Contingencies - Regular, in the
amounts and for the purposes set forth below:
a) $1,360,000 to Capital Project #3-229, "Police Training
Facility," for the design and construction of a
driving track,
firearms simulation and classroom
training facility and to allow site acquisition for a
noise buffer zone at the Creeds Air Field site;
b) $516,000 to the FY 2004-05 Operating Budget of the
Police Department to fund a deposit associated with
services at the Blackwater Lodge and Training Center;
and
c) $133,138 to the FY 2004-05 Operating Budget of the
Police Department to fund a portion of the annual
contract payment, for the period beginning March 2005
through June 2005, for services at the Blackwater
Lodge and Training Center.
53
3. That the City Manager is hereby authorized to enter into a
54
services contract for live firearms training with
55
Blackwater Lodge and Training Center, Inc., in Moyock,
56
North Carolina as described in the Summary of Terms
57
provided to the City Council.
58
59
Adopted by
Virginia, on the
Council of the
day of March
the
8th
APPROVED AS TO CONTENT:
J;JcGu
CA9515
P&A/GG/ordres/Blackwater
February 24, 2005
R-2
Ordinance.DOC
City of
, 2005.
Virginia
Beach,
APPROVED AS TO LEGAL
SUFFICIENCY:
;:e~
City Attorney'~e
Agreement for Services Between the City
and Blackwater Lodge and Training Center, Inc.
SUMMARY OF TERMS
City:
City of Virginia Beach (the "City")
Owner:
Blackwater Lodge and Training Center, Inc. ("Blackwater")
Location of
Services:
850 Puddin Ridge Road, Moyock, North Carolina, 27958
Scope of
Services:
Provide firearms range time to VBPD at specific ranges in the facility 365 days per
year.
Provide building space at the Facility for the exclusive use of the VBPD for
classrooms, offices equipment storage and gun cleaning within 180 days from the
Commencement Date.
Provide all related services including, but not limited to, facility security, all facility
and building maintenance and repairs (structural & non-structural), range maintenance
(including all environmental cleanup), utilities including, but not limited to, heat & air
conditioning, electricity, water, sewage, and trash disposal and landscaping services.
Term:
Ten years. Contract may be renewed for an additional ten years.
Cost:
Initial Deposit of $516,000 payable upon the Commencement Date. The Initial
Deposit shall be divided by 12, the quotient of which shall be $43,000. Said sum shall
be subtracted from each quarterly payment ofthe Base Service Fee during the first 3
years of the Initial Term. The annual Base Service Fee (less the unamortized portion of
the Initial Deposit) for years 1-3 of the Initial Term shall be $432,560. The annual
Base Service Fees for years 4-10 shall be $604,560.
Responsibilities of the City:
. Shall undertake and assure that all Virginia Beach personnel participating in training at he
facility shall receive a Notice to Participant at all safety briefings conducted prior to training.
The Notice warns all participants of the risks associated with firearms training.
. Shall pay for all premiums associated with the purchase of an insurance policy to cover claims
made against Blackwater by Virginia Beach employees for injuries suffered at the facility. The
cost of said insurance policy shall be passed through to the City without markup. The City will
be a named insured on the policy.
Responsibilities of Blackwater:
. Shall indemnify the City for all tort and environmental liability.
Other Terms:
. Ifthe Contract is terminated due to Blackwater's default the City will be entitled to a refund of
any unamortized portion ofthe Initial Deposit. Ifthe Contract is terminated due to the City's
default, any unamortized portion of the Initial Deposit shall be deemed non-refundable.
. The Contract shall be governed by Virginia law, but venue shall lie in the Superior or Circuit
Court in Currituck or Camden County, North Carolina or the United States District Court of
North Carolina, if federal jurisdiction exists.
. All financial obligations of the City under this Contract are subject to appropriations.
- 32-
Item V-L4.
ORDINANCES/RESOLUTION
ITEM # 53683
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to A UTHORIZE a temporary encroachment into a portion
of the right-of way at 904 Verano Court by JAMES R. and MARLYN
V. BROOKS to construct and maintain a pier, (DISTRICT 7 -
PRINCESS ANNE)
The following conditions shall be required:
1. The temporary encroachment shall 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 as to size, alignment and
location.
2, The temporary encroachment shall terminate upon notice by the
City to the applicant and, within thirty (30) days after such notice
is given, the temporary encroachment must be removed from the
encroachment area by the applicant and the applicant will bear
all costs and expenses of such removal,
3. The applicant shall indemnify and hold harmless the City, its
agents and employees from and against all claims, damages,
losses and expenses, including reasonable attorney'sfees in case
it shall be necessary to file or defend an action arising out of the
location or existence of the temporary encroachment.
4. 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 applicant.
5. The applicant agrees to maintain the temporary encroachment so
as not to become unsightly or a hazard.
6. The applicant must obtain a permit from the Office of
Development Services Center, Planning Department prior to
commencing any construction within the Encroachment Area.
March 8, 2005
- 33-
Item V-I.4.
ORDINANCES/RESOLUTION
ITEM # 53683 (Continued)
7. The applicant shall obtain and keep in force all risk property
insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additional named insured or loss payee, as applicable.
The applicant must also carry comprehensive general liability
insurance in an amount not less than Five Hundred Thousand
Dollars ($500,000), combined single limits of such insurance
policy or policies. The applicant must 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 applicant assumes all
responsibilities and liabilities, vested or contingent, with relation
to the temporary encroachment.
8. The City, upon revocation of such authority and permission so
granted, may remove the temporary encroachment and charge
the cost thereof to the applicant and collect the cost in any
manner provided by law for the collection of local or state taxes;
may require the applicant to remove such temporary
encroachment; and, pending such removal, the City may charge
the applicantfor the use of such portion of the City's right-of-way
encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
applicant; and if such removal shall not be made within the time
specified by the City, the City shall impose a penalty in the sum
of One Hundred Dollars ($100,00) per day for each and every
day that such temporary encroachment is allowed to continue
thereafter; and, shall collect such compensation and penalties in
any manner provided by law for the collection of local or state
taxes.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Mayor Meyera
E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Richard A. Maddox
March 8, 2005
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE A
4 TEMPORARY ENCROACHMENT INTO
5 A PORTION OF THE RIGHT-OF-WAY
6 LOCATED BEHIND 904 VERANO
7 COURT BY JAMES R. BROOKS AND
8 MARL YN V BROOKS, THEIR HEIRS,
9 ASSIGNS AND SUCCESSORS IN
10 TITLE
11
12 WHEREAS, James R. Brooks and Marlyn V. Brooks desire to construct and
13 maintain a pier within the City's right-of-way located behind 904 Verano Court.
14 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107,
15 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the
16 City's right-of-way subject to such terms and conditions as Council may prescribe.
17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA:
19 That pursuant to the authority and to the extent thereof contained in 99 15.2-
20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, James R. Brooks and Marlyn
21 V. Brooks, their heirs, assigns and successors in title are authorized to construct and
22 maintain a temporary encroachment for a pier in the City's right-of-way as shown on the
23 map entitled: "Exhibit A, LOT-252 GPIN: 2414-92-7883 LAGOMAR ENCROACHMENT
24 AGREEMENT PLAT," a copy of which is on file in the Department of Public Works and
25 to which reference is made for a more particular description; and
26 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly
27 subject to those terms, conditions and criteria contained in the Agreement between the
28 City of Virginia Beach and James R. Brooks and Marlyn V. Brooks (the "Agreement"),
29 which is attached hereto and incorporated by reference; and
30 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee
31 is hereby authorized to execute the Agreement; and
32 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such
33 time as James R. Brooks and Marlyn V. Brooks and the City Manager or his authorized
34 designee execute the Agreement.
35 Adopted by the Council of the City of Virginia Beach, Virginia, on the
36
8thdayof Miirch
,2005.
37
38 APPROVED AS TO CONTENTS
39 '?I&lfmf!; C, ~s "::I
40 GNATURE
41 flu R [flJ Edak
42 DEPARTMENT
43
44
45
46
47
48
49
50
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
Wi#. ic (J,MUw
CITY A ORNEY
.ff:\tata\A'lY\CAxlll\~FW CRDIN\cA9467 Bt"cx:K<3.d::x::
CA- '1qc. 1
PREPARED: 1/12/05
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
58.1-811(c)(3)
" >-l. ~ --
THIS AGREEMENT, made this _ day ofL hUOf1' 20 OS, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City",
and JAMES R. BROOKS AND MARL YN V. BROOKS, THEIR HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel ofland
designated and described as "LOT 252" as shown on that certain plat entitled "SUBDIVISION OF
LAGOMAR, SECTION 6, PHASE 3, PART C, NOVEMBER 29, 1993 SHEET 1 OF 5
PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA" and being further designated
and described as 904 Verano Court, Virginia Beach, Virginia 23456; and
That, WHEREAS, it is proposed by the Grantee to construct and maintain a private
pier, "Temporary Encroachment", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City 100' drainage easement
"The Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area.
GPIN 2414-92-7883
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as shown
on that certain plat entitled: "ENCROACHMENT AGREEMENT
PLAT project: LOT -252 GPIN: 2414-92-7883 LAGOMAR ," a copy
of which is attached hereto as Exhibit "A" and to which reference is
made for a more particular description.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnifY and
hold harmless 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 location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
2
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is deemed necessary
by the City, and all insurance policies must name the City as additional named insured or loss
payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance
in an amount not less than $500,000.00, combined single limits of such insurance policy or
policies. 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 ofthe insurance
policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with
relation to the Temporary Encroachment.
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 herein above 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.
3
IN WITNESS WHEREOF, James R. Brooks and Marlyn V. Brooks, the said
Grantee has caused this Agreement to be executed by their signature(s) and seales) duly affixed.
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.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
ff.~~~
/James R. Broo s
/
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,20_, by
, CITY MANAGER! AUTHORIZED DESIGNEE OF
THE CITY MANAGER.
Notary Public
My Commission Expires:
.
4
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
Notary Public
My Commission Expires:
~~OF \J"';&
~OUNTY OF V LVZJL/L1../.-- 1 tLC.llt:1-wit:
rJ'L
. ..' The foregoing instrument was acknowledged before me this 1-. day of
(-~ 20 DS: by James R. Brooks. /t_...
L?;!;;:W;P- CbJt~~~_
My Commission Expires: ;j_d_ 3 J - .:)--00',/
~~~gimTY OF VL.~ (/l-~ &~-t6!wit~
__, The foregoing instrument was acknowledged before me this iJ'''--L_ day of
.----7t' L L:::::J, 20 oS; by Marlyn V_Brooks. _...... .' /} J
U <... '- ,L/;c___ .
Not Public
My Commission Expires: :';.3/- ".)0 c/7
,
'--'-
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
(~\ /l',.J
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SiGNATURE
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DEPARTMENT
tJJ!~q tL/1jJl/J#.
5
, ,
JR BROOKS.DGN M.J.S.
PREPARED BY PM' ENG. CADD DEPT. NOVEMBER 3,2004
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VIRGINIA BEACH, VIRGINIA, FOR DRAINAGE PURPOSES
AND PUBLIC USE. (M.8. 77, P.14)
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PROPOSED PIER
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dote: 02/10/05
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- 34-
Item V-I.5.
ORDINANCES/RESOLUTION
ITEM # 53684
Todd Solomon, President - Shore Drive Community Coalition, 2260 First Landing Lane, Phone: 496-5733,
expressed appreciation to the City Council re adoption of the Resolution. Mr, Solomon recognized members
in attendance from Westminster Canterbury, Lesner Point East and the Landings Association. The Shore
Drive Community Coalition also suggests a Task Force be created to maintain the momentum of this
initiative.
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to ESTABLISH the public's interest in Cape Henry Beach
and A UTHORIZE acceptance of dedicated public beach easements
re implementation of an erosion plan
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Mayor Meyera
E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R, Jones and Richard A, Maddox
March 8, 2005
1 A RESOLUTION EXPRESSING THE
2 CITY COUNCIL'S INTENTION TO
3 ESTABLISH THE PUBLIC'S INTEREST
4 IN CAPE HENRY BEACH AND
5 AUTHORIZING THE ACCEPTANCE OF
6 OFFERS TO DEDICATE PUBLIC BEACH
7 EASEMENTS FROM BEACHFRONT
8 PROPERTY OWNERS
9
10 WHEREAS, the beach along Cape Henry, from First Landing State Park to the
11 Lynnhaven Inlet, is a valuable public resource, providing protection from storms and numerous
12 recreational opportunities; and
13 WHEREAS, portions of Cape Henry Beach are eroding and are in need of
14 restoration and replenishment; and
15 WHEREAS, portions of Cape Henry Beach have previously been established as
16 being available for public enjoyment, while others are subject to claims of private ownership;
17 and
18 WHEREAS, the City Council has adopted the Beach Management Plan (Plan)
19 which was prepared by the Beaches and Waterways Advisory Commission; and
20 WHEREAS, the Plan places the highest priority on the establishment of the public
21 interest in all of the sandy beaches in the City; and
22 WHEREAS, the Plan also recommends that sand from the Lynnhaven Inlet
23 maintenance dredging project be used to restore and replenish Cape Henry Beach, and that such
24 sand from the inlet be distributed between Ocean Park Beach and Cape Henry Beach; and
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
WHEREAS, certain property owners along Cape Henry Beach have offered to
dedicate public beach easements to the City so as to clarify the public's interest in the beach
fronting their properties; and
WHEREAS, the City Council is of the opinion that sand from Lynnhaven Inlet
should be used to restore and replenish Cape Henry Beach in addition to Ocean Park Beach; and
WHEREAS, the Council is further of the opinion that the public's interest in and
right to enjoy the recreational opportunities provided by Cape Henry Beach, should be clearly
established.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the City Council declares that it desires to establish the public interest
in Cape Henry Beach from First Landing State Park to the Lynnhaven Inlet.
2. That the City Manager is authorized to accept, on behalf of the city, public
beach easements from those beachfront owners who have previously stated a desire to dedicate
such easements on Cape Henry Beach. Easement dedications shall be approved as to legal form
by the City Attorney prior to acceptance by the City Manager.
3. That the City Manager is directed to contact other waterfront property
owners on Cape Henry Beach for the purpose of requesting voluntary dedication of public beach
easements, and to accept such dedications on behalf of the City, subject to approval as to legal
form by the City Attorney.
2
47
4.
That the City Manager is directed to request the Army Corps of Engineers
48 to accept the publicly owned portions of Cape Henry Beach as a dredged material placement area
49 for the Lynnhaven Inlet maintenance dredging project, and to implement a program to share the
50 dredged sand between Ocean Park Beach and Cape Henry Beach.
51
52
Adopted by the Council of the City of Virginia Beach, Virginia, on the
53
8th
day of M~rch
,2005.
APPROVED AS TO CONTENT:
1-~~
APPROVED AS TO LEGAL SUFFICIENCY:
--
~-J"-(;S
CA9484
ord/res/cape henry beach
R-2
March I, 2005
3
City c>f~ -V-irgiT1ia13each
DEPARTMENT OF PUBLIC WORKS
757-427-4167
FAX (757426-5783
TOO (757) 427-4305
VBgov.com
MUNICIPAL CENTER
BUILDING 2 ROOM 340
2405 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9031
DATE: November 23,2004
TO: James K. Spore, City Manager
FROM: E. D. Block, Director of Publi
SUBJECT: Cape Henry Beach
As an on-going issue and follow-up to City Council's June 2001 adoption of the Beach
Management Plan, we have explored methods of resolving the beach ownership issue
and addressing erosion along Cape Henry Beach - from Lynnhaven Inlet east to our
boundary with First Landing State Park. The Beach Management Plan places a priority
on resolving beach ownership in this area, and recommended the use of a portion of the
sand dredged from Lynnhaven Inlet for replenishment and maintenance of the beach.
We believe these objectives can be achieved, to a degree, and are prepared to
recommend an implementation plan. However, as with any new program or expansion
there are several specific considerations and broad policy issues that need to be
addressed. Fortunately, the Beach Management Plan focused on the issues relevant to
this topic and provides a policy frame work for making this recommendation. This
memorandum is to outline those considerations and a potential implementation plan.
The principle policy issue is the question of public domain over our shorelines. After
many public meetings, deliberation and formal adoption, the Beach Management Plan
places the highest priority on resolving claims of private ownership of our beaches.
While we are sensitive to the rights of those property owners with interest in the beach,
real or perceived, our policy is to create a documented public interest in all of our
beaches for their recreational, economic and storm protection benefits to the
community.
The sandy beach along Cape Henry consists of a variety of real estate interests, While
the entire sandy beach vvas once claimed as private, several public recreation
easements and rights of way have been dedicated, creating a checker-board pattern of
public rights. An attached map of Cape Henry Beach indicates the current status of
James K. Spore, City Manager
Cape Henry Beach
November 23, 2004
Page 2
public interest along this beach. A group of properties in the central portion of the
beach (shown on the map) have stated a willingness to dedicate public beach
easements over their platted land, seaward of their improvements.
Erosion is not generally severe along Cape Henry Beach, however these 'willing to
dedicate' properties are located in an area where erosion has created the need for
beach restoration and replenishment. While our policy is to obtain a documented public
interest in the beach, the decision to accept the offered easements must be made with
the understanding that there will be an expectation for the City to address erosion and
maintain the beach.
Fortunately, in this case a source of sand is available, subject to policy review and
modification. The federal navigation project for Lynnhaven Inlet has produced hundreds
of thousands of cubic yards of beach quality sand over its history. The City's role in the
inlet maintenance project, as a local sponsor in a formal agreement with the Corps of
Engineers, is to provide adequate disposal areas for the material dredged from the
channel and to pay the costs associated with the disposal area preparation and
restoration. Aside from the significant benefit of inlet maintenance by the federal
government, the City is granted ownership of the sand removed from the inlet, and
nearly all of the sand dredged from the inlet has been used in our beach restoration and
maintenance programs.
The current arrangement for managing the sand dredged from Lynnhaven Inlet is to
place the entire volume on Ocean Park Beach. The 'disposal area', or beach
replenishment area, is the 6,4QO-foot long portion of the bay shoreline on the west side
of the inlet, extending from the inlet to the west side of Aires on the Bay - an area
clearly documented as public beach. The program for managing and making use of the
dredged sand from Lynnhaven Inlet evolved over a number of years, and it is important
to note that the current arrangement has only been in place since 2001. We anticipate
the need to modify the program again as the placement of the entire volume of sand
dredged from the inlet on Ocean Park Beach does not appear to be sustainable.
By way of brief program history, sand removed from the inlet during the initial years of
the project (1960's) was placed both on Ocean Park Beach and, by use agreement, on
private property fronting Pleasure House Creek. Starting in the 1970's, the majority of
the sand was placed in the then newly acquired "Lynn haven Inlet Sand Stockpile", the
site of the new boat ramp and beach use facility. The material placed in the "stockpile",
by Council policy, was truck-hauled to the Resort Beach as source material for the
annual beach replenishment project at the oceanfront. A small portion of the sand was
periodically placed on Ocean Park Beach to check erosion during this period. After
nearly two decades of this practice, during the late 1980's, erosion became significant
along Ocean Park Beach - the beach was contributing more sand to the inlet by erosion
than was being returned in beach replenishment.
.1
James K. Spore, City Manager
Cape Henry Beach
November 23,2004
Page 3
While the practice of using Lynnhaven Inlet sand as a source for the Resort Beach
replenishment program continued until the construction of "Big Beach" in 2001, the
distribution of sand between Ocean Park Beach and the stockpile was adjusted in the
early 1990's to better match the natural erosion in an attempt to stabilize Ocean Park
Beach. The effort was a success; erosion at Ocean Park Beach has essentially been
kept in check,
The Resort Beach replenishment program was completely revised in 2001. Sand for
the Resort Beach now is mined from offshore, eliminating the need to use sand from the
Lynnhaven Inlet system. The 2001 Lynnhaven Inlet dredging project placed all sand
removed from the inlet on Ocean Park Beach. Another cycle of dredging is anticipated
for this winter, February-March 2005. Again, the entire volume of sand removed from
the inlet will be placed on Ocean Park Beach - at this point in time it is our only viable
option.
In round numbers, representing long-term averages, the inlet shoals at a rate of about
45,000 cubic yards per year. The primary source of the shoaling sand is the adjacent
beaches. The material is dredged once every three to four years, generating a volume
of 150,000 to 200,000 cubic yards per cycle of dredging. Ocean Park Beach has been
surveyed and studied with respect to erosion for over 20 years, and documented to
erode at a rate of about 30,000 cubic yards per year, primarily into the inlet.
While volumes in excess of the erosion rate can be placed of Ocean Park Beach for
some period of time, reversing the natural damage done over the years and restoring
the beach to a wider and higher dimension, at some point we will realistically face a
circumstance of having too much sand on Ocean Park. The primary concern would be
impacts to the inlet - new shoaling patterns would form, the inlet could try to migrate
easterly, and dredging may be required more frequently to maintain the channel at its
current location.
With the inlet shoaling at about 45,000 cubic yards per year, and Ocean Park Beach
eroding at 30,000 cubic yards per year, it seems apparent that the beaches to the east,
Cape Henry Beach, erode and contribute to shoaling at the rate of approximately
15,000 cubic yards per year. Fewer erosion studies have been performed on Cape
Henry Beach, due to its relatively low net erosion rate. However, the studies that have
been performed do indicate a relatively small net loss of sand, and the deduced erosion
rate of 15,000 cubic yards per year appears to be reasonable.
It is for these reasons that the Beaches and Waterways Advisory Commission
recommended a program of distributing the sand between the two beaches. The
principle impediment to accomplishing this goaL however, has been the claim of private
ownership of portions of Cape Henry Beach. While public interest in the beach is not
uniform and complete throughout this section of shoreline, we feel that the existing
James K. Spore, City Manager
Cape Henry Beach
November 23, 2004
Page 4
public beach areas combined with the easements currently being offered are large
enough public beach segments to implement the sand distribution plan. It would, of
course, be more desirable and consistent with our policy to establish public interest
along the entirely of Cape Henry Beach. The program should be structured toward
achieving this objective by enabling staff to seek additional voluntary easement
dedications to fill the gaps in public beach interest.
The distribution of inlet sand could be accomplished a number of ways, by alternating
the use of either beach as the inlet disposal area, or using both during the same
dredging cycle. The least costly solution would be to alternate uses, avoiding the set-up
costs for both beaches during the same contract. The condition of the beaches
antecedent to the dredging cycle should be the chief consideration in the planning.
Funding is another major policy issue. If this were a beach replenishment project
proposal, and if the costs were significant, the example that City Council set with a
Special Service District in Sand bridge may be applicable. However, this proposal is
inlet maintenance: sand must be removed from the inlet, we have a need for a
sustainable program to 'dispose' of the dredged sand. The incremental costs for
placing the sand on Cape Henry Beach, as opposed to the current plan of placing it on
Ocean Park Beach are essentially zero - the costs are basically the same to put the
sand on either the eastern or western adjacent beach. The fact that we cannot
indefinitely place the material on the western beach justifies any marginal cost increase.
Nevertheless, we do not expect that this proposal would significantly affect our typical
inlet project cost-share, and for that reason we do not see funding as an issue.
Based on these considerations, it does appear that the proposal merits consideration. I
recommend that City Council be asked to consider adopting a resolution authorizing the
acceptance of the offered easements and the implementation of a program for
distributing dredged sand from Lynnhaven Inlet between Cape Henry and Ocean Park
Beaches. Further, to address a primary policy consideration, I recommend that the
proposed resolution authorizes staff to approach the bay front property owners who
have not dedicated a public beach easement and seek voluntary dedications.
I would be pleased to discuss this at your convenience or provide any further
information you may need. With your concurrence, our staff will work with the City
Attorney's Office to develop the resolution for Council's consideration.
EDB/PJR
Attachment
cc: Charlie Meyer, Chief Operating Officer
Leslie L. Lilley, City Attorney
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- 35 -
Item J.
PLANNING
ITEM # 53685
1. RONALD LEE AND PENNY MICHELE CASON
2. SENTARA HEALTHCARE.
3. SNYDER FAMILY TRUST
4. WORD OF LIFE FAMILY WORSHIP CENTER
5. TIDEWATER INSTITUTE OF SPORTS, L.L.c.
6. PERFECTING SAINTS WORSHIP CENTER
7. GARDEN OF THE PINES
,
VARIANCE
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
RESOLUTION TO AUTORIZE A FIRST
AMENDMENT RE DEVELOPMENT
AGREEMENT
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
Modification of Conditions
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
March 8, 2005
- 36-
Item V-J.
PLANNING
ITEM # 53686
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council APPROVED
IN ONE MOTION Items 1, 3,4, 5 (DEFERRED), 6 and 7 of the PLANNING BY CONSENT AGENDA.
Item J.5. will be DEFERRED, BY CONSENT, until the City Council Session of March 22, 2005,
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Mayor Meyera
E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Richard A. Maddox
Council Lady McClanan voted NAY on Item J.3. (Snyder Family Trust)
March 8, 2005
- 37-
Item V-J.1.
PLANNING
ITEM # 53687
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council APPROVED
a Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the
requirements of the City Zoning Ordinance (CZO) for RONALD LEE and PENNY MICHELE CASON:
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Ronald Lee
Cason and Penny Michele Cason, Property is located at 6476 Knotts
Island Road (GPIN 23379182570000), DISTRICT 7 - PRINCESS
ANNE
The following condition shall be required:
1. The property shall be substantially configured as shown on the
plat entitled; "Site Plan Parcel Designated c.T. Dozier 0.59
Acres Plat of C. T. Dozier, " dated June 21, 2004 by Bonifant
Land Surveys.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Mayor Meyera
E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Richard A. Maddox
March 8, 2005
- 38-
Item V-J2,
PLANNING
ITEM # 53688
Attorney R. J Nutter, 222 Central Park Avenue, Phone: 687-7500, represented the applicant. This
application is the culmination of approximately one year of work by representatives of Sentara. Mr, Nutter
advised Sentara engaged an architectural and engineering firm specializing in health campuses around
the United States, Sentara requested Robert Scott, Director of Planning, serve on a Design Review
Committee to assist in development of a revise~ plan. Sentara met with the Stakeholders: area Civic
Leagues along Princess Anne Road, sports affiliated teams and representatives of the School
Administration (Landstown High and Middle Schools) to consider amendments. Attorney Nutter
highlighted the amendments to the plan and displayed the new and improved Site Plan. The development
of the site for the Princess Anne Commons Health Campus, was approved by City Council on
December 3,2002.
Donald V. Jellig, Vice President - Sentara, advised in the original plan, the Ambulatory Surgery Center was
to be a stand-alone building (treated similar to a hospital). Now the Center will be inside a medical office
building on the second floor and is subject to real estate taxes, The revised plan will increase the number
of jobs originally envisioned. The time line for construction of the Center is dependent upon the
Certificate of Need authorization from the General Assembly.
Upon motion by Councilman Reeve, seconded by Councilman Dyer, City Council ADOPTED Ordinances
upon application of SENTARA HEALTHCARE for a Conditional Change of Zoning, Conditional Use
Permit and a Resolution to AUTHORIZE a First Amendment re the Sentara Healthcare Development
Agreement.
The revisions to the Plan for the Princess Anne Commons Health Campus provide a desired improvement
over the 2002 Plan and are more consistent with the recommendations of the Comprehensive Plan. The
appearance of the buildings will maintain the quality level provided for in 2002, and Proffer 7 requires the
overall architectural and landscape design of the site be governed by the Design Guidelines for Princess
Anne Commons. The Guidelines will act as the "development criteria "for this development, Architectural,
site and landscape plans for each component of the development will be submitted to the Director of
Planning to ensure consistency of the design with the Design Guidelines.
ORDINANCE UPON APPLICATION OF SENTARA HEALTHCARE
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
CONDITIONAL 0-2 TO CONDITIONAL B-2 Z03051217
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Sentara Healthcare for a Change of
Zoninf! District Classification from Conditional 0-2 Office District to
Conditional B-2 Community Business District on property located at
the southeast intersection of Concert Drive and Princess Anne Road
(GPIN 14856140280000 - part oj). The Comprehensive Plan
designates this site as being part of Strategic Growth Area 12 - North
Princess Anne Commons area, suitable academic institutions, medical
center, recreation opportunities and entertainment venues consistent
with the policies of the Comprehensive Plan. DISTRICT 7 -
PRINCESS ANNE
March 8, 2005
- 39-
Item V-J2.
PLANNING
ITEM # 53688 (Continued)
The following condition shall be required:
1. An agreement encompassing revised proffers shall be recorded
with the Clerk of Circuit Court and is hereby made a part of the
record.
AND,
ORDINANCE UPON APPLICATION OF SENTARA HEALTHCARE
FOR A CONDITIONAL USE PERMIT R030531235
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sentara Healthcare for a Conditional
Use Permit for a hospital, athletic club, eating and drinking
establishments, sale of convenience goods and personal services other
than those permitted as principal uses and hair care centers, including
barber shops and beauty salons, on property located on the south side
of Princess Anne Road and the east side of Concert Drive, (GPIN
14856140280000 - part oj). DISTRICT 7 PRINCESS ANNE
The follOWing conditions shall be required:
1. The site shall be developed for a hospital in the 0-2 Zoning District,
athletic club in the 0-2 Zoning District, eating and drinking
establishment in the 0-2 Zoning District, establishments for the sale of
convenience goods and personal services establishments other than
those permitted as principal uses in the 0-2 Zoning District, and hair
care centers, including barber shops and beauty salons in the 0-2
Zoning District and shall be developed in phases which may occur over
a period of several years, substantially in compliance with the site plan
entitled "Campus Master Plan - Princess Anne Commons Health
Campus" prepared by HDR, Inc. (the "Site Plan "). A campus
environment, containing a central landscaped common area with
adjacent buildings and required parking substantially as depicted on
the Site Plan, shall be provided as a prominent feature of the
development. The building locations, sizes and configurations may
change, provided that the overall campus environment and central
landscaped common area remain. A copy of the Site Plan has been
exhibited to the City Council and is on file with the Virginia Beach
Planning Department.
2. The overall architectural, site and landscape design of the site shall be
subject to the Design Guidelines for Princess Anne Commons, in effect
as of the date of the approval of this Conditional Use Permit by the
City Council, which Guidelines are on file with the Planning
Department of the City of Virginia Beach. The Guidelines shall act as
the "development criteria" for this development. Architectural, site,
and landscape plans for each component of the development shall be
submitted to the Director of Planning, or his designee, to ensure
consistency of the design with the Design Guidelines.
March 8, 2005
Item V-J.2.
PLANNING
- 40-
ITEM # 53688 (Continued)
3. The Property shall contain an at-grade pedestrian walkway system
connecting Princess Anne Road, Concert Drive and Princess Anne
Park to the campus, in addition to other pedestrian routes within the
campus. Such pedestrian walkway features shall be developed in
phases as each building is constructed.
4. Mechanical equipment adjacent to any structures on the site shall be
screened with appropriate fencing and/or landscaping, and any
mechanical equipment located on the top of any structures on the
property shall be enclosed on four sides of screened walls with
appropriately sized parapet.
5. All exterior dumpster areas on the site shall be screened utilizing
building materials such as brick, pre-cast or other materials that are
compatible with the building materials utilized on the primary
structures on the site.
6. The site shall be developed with a common landscape plan, which may
be introduced in phases as portions of the site are developed, providing
for continuity throughout the site with respect to compatible tree
planting, shrubs and other landscape features.
7. A lighting and/or a photometric diagram plan for review by City staff
shall be submitted with any submitted site plan. The lighting plan shall
include the height of poles located in the parking lots along with the
location of all pole mounted and building mounted lighting fixtures.
The plan shall also list the lamp type, wattage and type of fixture.
Lighting shall be uniform throughout the parking area and shall
minimize reflection or glare toward properties and streets outside the
complex.
8. In addition to the conditional uses designated Condition 1, the
following accessory uses may be developed in conjunction with the
hospital facility and overall health care campus. These accessory uses
shall include, but not be limited to: allied health facilities, medical
laboratories, helipads/helistops, cafeteria facilities, nursing and other
health-related vocational/educational facilities and pharmacy
facilities, sale of medical/home health care equipment, sale of diabetes
supplies, ophthalmologist/optometrist offices and eyewear sales, sale
of nutrition and health supplements, sale of physician fitness
equipment, wig shop, dry cleaners, bookstore/newsstand, coffee shop,
postal/shipping store, copy center, gift/card shop, baby/infant shop,
and bank branch (without a drive-thru).
9. The restricted access of the site to Princess Anne Road shall be limited
to emergency vehicles only and shall have a gated entrance to prevent
any access by vehicles other than emergency vehicles.
March 8, 2005
- 41 -
Item V-J.2.
PLANNING
ITEM # 53688 (Continued)
10. In addition to any rights afforded by Section 15,2-2307 of the Code of
Virginia, 1950, as amended and consistent with Section 221(g) of the City
Zoning Ordinance of the City of Virginia Beach authorizing the City Council
to specifically provide activation time periods and procedures uniquely
applicable to a Conditional Use Permit in lieu of those otherwise provided
in Section 221(g); and given the unique circumstances surrounding the
delayed possession of the property upon which this development is proposed,
the phasing of its development and the inter-relation of the combined uses
shown on the Site Plan, the following shall apply to this Conditional Use
Permit:
The commencement of the development of any portion of the Conditional
Use Permit site for any of the uses set forth in this Conditional Use Permit
application shall have the effect of fully activating this Conditional Use
Permit for all uses permitted hereunder and shall satisfY the requirement
of Section 221 (g) of the City Zoning Ordinance of the City of Virginia
Beach.
AND,
Resolution to AUTHORIZE a First Amendment re Sentara Healthcare
Development Agreement,
These Ordinances shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of March Two Thousand Five
Voting:
9-0
Council Members Voting Aye:
Harry E, Diezel Robert M. Dyer, Reba S. McClanan, Mayor
Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R, Jones and Richard A. Maddox
March 8, 2005
1
2
3
4
5
6
A RESOLUTION APPROVING AND AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO THE
SENTARA HEALTHCARE DEVELOPMENT AGREEMENT
WHEREAS, the City of Virginia Beach (the "City") and
7 Sentara Healthcare ("Sentara") are parties to a Development
8
Agreement dated as of February 12, 2003
(the "Development
9 Agreement") for the development of certain real property located
10 in the Princess Anne District of the City of Virginia Beach into
11 a health care office, educational and recreational campus; and
12 WHEREAS, pursuant to the Development Agreement, Sentara has
13 developed a new Campus Master Plan (the "New Site Plan"); and
14
WHEREAS, in order to accommodate the uses contemplated by
15 the New Site Plan, the City Council on this date conditionally
16 rezoned a 4.3 acre portion of Parcel 2A of the property (the "B-
17
2 Parcel" )
from 0-2 Office (Conditional)
to B-2 Community
18 Business (Conditional), so as to allow two freestanding eating
19 and drinking establishments in accordance with the provisions of
20 the Conditional Zoning Agreement dated as of November 29, 2004,
21 and approved by the City Council in conjunction with the
22 aforesaid conditional rezoning, and also granted a modified
23 Conditional Use Permit (the "Modified CUP") with respect to the
24 balance of Parcel 2A of the Property (approximately 51 acres);
25 and
1
......
26
WHEREAS, the City and Sentara are entering into the First
27 Amendment to Development Agreement in order to modify the
28 Development Agreement so as to ensure its conformity with the
29 New Site Plan, as approved pursuant to the conditional rezoning
30 of the B-2 Parcel and the Modified CUP described above;
31
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
32 CITY OF VIRGINIA BEACH:
33
1.
That the City Council hereby approves the First
34 Amendment to Development Agreement between the City of Virginia
35 Beach and Sentara Healthcare in the form attached as Exhibit A
36 to this Resolution; and
37
2.
That the City Manager is authorized to execute and
38 deliver the First Amendment to Development Agreement, together
39 with any other documents necessary to implement the terms of the
40 First Amendment, so long as such documents are acceptable to the
41 City Manager and the City Attorney.
Adopted by the City Council of the City of Virginia Beach
on the 8th
day of March, 2005.
CA-9485
F:\Data\ATY\OID\REAL ESTATE\Commercial
Projects\Sentara\resolution to amend dv agrmt.DOC
R-2
March 2, 2005
2
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
tIJ c/;/M If/. fYJ~
City Attorney's Office
3
Prepared by:
Stephen R. Davis, Esq.
Willcox & Savage, P.C.
222 Central Park Avenue Suite 1500
Virginia Beach, VA 23462
Exempt from recordation taxes under Section 58.1-811(C)(3)
FIRST AMENDMENT TO
DEVELOPMENT AGREEMENT
THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") is
made as of the day of March, 2005, by and between SENTARA HEALTH CARE, a
Virginia corporation ("Sentara"), a grantor for indexing purposes, and the CITY OF VIRGINIA
BEACH, a municipal corporation ofthe Commonwealth of Virginia (the "City"), a grantee for
indexing purposes.
RECITALS:
R-1. The City and Sentara are parties to a certain Development Agreement (the
"Development Agreement") dated February 12, 2003, relating to certain real property (the
"Property") located in the City of Virginia Beach, Virginia, and more particularly described in
the Development Agreement. The Development Agreement was originally recorded in the
Clerk's Office of the Circuit Court ofthe City of Virginia Beach, Virginia, as Instrument No.
200302240025582, and was corrected and re-recorded in the aforesaid Clerk's Office as
Instrument No. 200410130163283.
R-2. In furtherance ofthe Development Agreement and the "RFP Response"
referenced therein, Sentara has developed a new Campus Master Plan (the "Site Plan"), a copy of
which is on file with the Planning Department ofthe City of Virginia Beach.
R-3. In order to accommodate the uses contemplated by the Site Plan, a portion of
Parce12A of the Property (the "B-2 Parcel") has been rezoned from Conditional 0-2 to
Conditional B-2 and a new, modified Conditional Use Permit (the "Modified CUP") has been
approved with respect to the balance ofParcel2A ofthe Property.
R-4. The City and Sentara are entering into this Amendment in order to modify the
Development Agreement to reflect the new Site Plan and the rezoning and Modified CUP
described above.
AGREEMENT
NOW, THEREFORE, in consideration ofthe foregoing, the mutual covenants contained
herein and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the City and Sentara hereby agree as follows:
GPIN #'s: 1485-61-4028
1485-50-2885
1-630505,2
03/01/05
1
1. Development and Use. City and Sentara agree that Paragraph l(a) ofthe
Development Agreement is amended and restated as follows:
" (a) Sentara agrees that development and use ofthe Property (excluding the B-2
Parcel) shall be in accordance with the Agreement dated October 24, 2002, between the City and
Sentara relating to the Property, as such Agreement may be subsequently amended in accordance
with applicable law (the "First Proffer Agreement"). The First Proffer Agreement is recorded in
the Clerk's Office as Instrument Number 20012173081100. Furthermore, Sentara agrees that
development and use of the portion ofthe Property that is subject to the Modified CUP shall be
in accordance with the Modified CUP and the conditions related thereto (as they may be
subsequently amended in accordance with applicable law, the "Conditions"). In addition,
Sentara agrees that development and use of the B-2 Parcel shall be in accordance with the
Agreement dated November 29, 2004, and approved by the City on March 8, 2005, between the
City and Sentara relating to the B-2 Parcel, as such Agreement may be subsequently amended in
accordance with applicable law (the "Second Proffer Agreement"). The Second Proffer
Agreement is recorded in the Clerk's Office as Instrument Number
"
2. Reverter. Sentara and the City acknowledge and agree that commencement of
construction of a medical office building of at least 40,000 square feet in accordance with the
new Site Plan on or before the date required under Paragraph 2 of the Development Agreement
will satisfy the requirements of Paragraph 2 of the Development Agreement.
3. Right of First Offer. Sentara and the City acknowledge and agree that the City's
right of first offer under Paragraph 4 of the Development Agreement shall only apply if Sentara
proposes to sell all or any portion ofthe Property to a third party other than a sale in furtherance
of the development plan contemplated by Sentara's RFP Response, the new Site Plan and/or the
medical, health, educational and other uses permitted under the zoning and Conditional Use
Permit affecting the Property.
4. Successors and Assigns.
(a) The terms and provisions ofthis Amendment are binding upon and will
inure to the benefit of the parties, their respective successors and assigns. The rights and
obligations included in this Amendment shall run with the land and shall be binding upon all
owners ofthe Property during their period of ownership except as otherwise provided herein.
(b) Sentara and the City agree that this Amendment shall be recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia.
5. Miscellaneous. Except as expressly modified in this Amendment, the
Development Agreement will remain in full force and effect. Any defined terms not defined in
this Amendment shall have the same definition and meaning as set forth in the Development
Agreement. In the event of a conflict between the terms, conditions and provisions of this
1-630505.2
03/01/05
2
Amendment and those of the Development Agreement, the terms, conditions and provisions of
this Amendment shall prevail.
WITNESS the following signatures and seals:
SENTARA:
SENT ARA HEAL THCARE
By:
(SEAL)
Donald V. Jellig
Vice President
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this _ day of March, 2005, by
Donald V. Jellig, Vice President ofSentara Healthcare, a Virginia corporation, on its behalf. He
is personally known to me.
Notary Public
My Commission expires
CITY:
CITY OF VIRGINIA BEACH
By:
(SEAL)
City Manager/Authorized
Designee of City Manager
ATTEST:
Ruth Hodges Smith
City Clerk
1-630505,2
03/01/05
3
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this _ day of March, 2005, by
, City Manager/Authorized City Manager of the City
of Virginia Beach, Virginia, on its behalf. He/she is personally known to me.
Notary Public
My Commission expires
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this _ day of March, 2005, by.
, City Clerk ofthe City of Virginia Beach, Virginia, on its behalf.
She is personally known to me.
Notary Public
My Commission expires
Approved as to Content:
Approved as to Form:
Real Estate Agent
City Attorney
1-630505.2
03/01/05
4
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF -6066
DATE: February 10, 2005
TO:
Leslie L. Lilley
William M. Macali (J.fi
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE: Conditional Zoning Application; Sentara Hea1thcare
The above-referenced conditional zoning application is scheduled to be heard by the City
Council on March 8, 2005. I have reviewed the subject proffer agreement, dated November 29,
2004, 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.
WMMIn1b
Enclosure
cc: Kathleen Hassen
. ..
Prepared BylReturn To:
Troutman Sanders LLP
222 Central Park A venue, Suite 2000
Virginia Beach, Virginia 23462
AGREEl\1ENT
THIS AGREEl\1ENT (the "Agreement") is made as of this 29th day of November, 2004
by and between SENT ARA HEAL THCARE, a Virginia Corporation (the "Grantor"), the
current owner of that certain property generally located on Princess Anne Road and Concert
Drive in Virginia Beach, Virginia, which property is more particularly described in Exhibit A
attached hereto and incorporated herein by reference (the "Property") and the CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter
referred to as "Grantee").
WITNESSETH:
WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification
of the property, which is more fully described in the attached Exhibit A, from Conditional 0-2 to
Conditional B-2; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes, including mixed use purposes, through zoning and other land development
legislation; 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 subject Property
and at the same time to recognize the effects of the change and the need for various types of uses,
certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned B-2 are needed to cope with
the situation to which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
Zoning Map, in addition to the regulations provided for in the existing B-2 districts by the
existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the
physical development, operation and use of the Property to be adopted as a part of said
GPIN NO.: 1485-61-4028 -0000
amendment to the new Zoning Map relative to the Property, all of which have a reasonable
relation to the rezoning and the need for which is generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall
continue in full force and effect until a subsequent amendment changes the zoning on the
Property covered by such conditions; provided, however, that such conditions shall continue
despite a subsequent amendment if the subsequent amendment is part of the comprehensive
implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record
owner of the subject Property at the time of recordation of such instrument; provided, further,
that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-
2204, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
NOW THEREFORE, the Grantor, for itself, it's successors, assigns, grantees, and other
successors in title or interest, voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion of quid pro quo for
zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following
declaration of conditions and restrictions which shall restrict and govern the physical
development, operation and use of the Property and hereby covenant and agree that these proffers
(collectively, the "Proffers") shall constitute covenants running with the said Property, which
shall be binding upon the Property and upon all parties and persons claiming under or through
the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest
or title, namely:
1. The Property may be developed for no more than two (2) eating and drinking
establishments. No other principal uses shall be permitted on the Property.
2
2. The location and orientation of the eating and drinking establishments on the
property, together with setbacks and landscaping, shall be subject to the approval of the Planning
Director; however, the structures shall be setback a minimum of seventy-five (75) feet from
Princess Anne Road.
3. Drive-through facilities shall not be permitted on the Property.
4. No structures on the Property shall exceed one (1) story or thirty-five (35) feet in
height.
5. The eating and drinking establishments on the Property shall not be entitled to any
free-standing signage located adjacent to either Princess Anne Road or Concert Drive.
6. The architectural design and exterior building materials of the eating and drinking
establishments on the Property shall be substantially compatible with the architectural design and
quality of the exterior building materials of the primary structures located within the Princess
Anne Health Campus located directly adjacent to the Property.
7. The overall architectural, site, and landscape design of the site shall be subject to
the Design Guidelines for Princess Anne Commons, in effect as of the date of the approval of
this Conditional Rezoning application by the City Council, which guidelines are on file with the
Planning Department of the City of Virginia Beach. The Guidelines shall act as the
"development criteria" for this development. Architectural, site, and landscape plans for each
component of the development shall be submitted to the Director of Planning or his designee to
ensure consistency of the design with the Design Guidelines.
Further conditions mandated by applicable development ordinances may be required by
the Grantee during detailed site plan and/or subdivision review and administration of applicable
City Codes by all cognizant City agencies and departments to meet all applicable City Code
requirements.
All references hereinabove to zoning districts and to regulations applicable thereto, refer
to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
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,
3
including (i) the ordering in writing of the remedying of any noncompliance with such
conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,
including mandatory or prohibitory injunction, abatement, damages or other appropriate action,
suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the
City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an
appropriate symbol on the map the existence of conditions attaching to the zoning of the subject
Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee.
[Remainder of Page Intentionally Left Blank]
4
IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the
date first written above.
GRANTOR:
SENTARA HEALTHCARE
By: ~ eM- 1c:L v b./
Donald V. Jel 'g, Ice President
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me thisd.\~day of \\.1::I'I6't.~'t..~ ,
2004, by Donald V. Jellig, Vice President of Sentara Healthcare, a Virginia Corporation, on its
behalf. He is personally known to me or has produced as
identification. ~ '-?~
Notary Public
My Commission Expires: ~ \ ~i:)\ "'~.J~<:)\,
275799vI
5
EXHIBIT A
LEGAL DESCRIPTION
A portion of property, approximately 4.3 acres in size as shown on the exhibit titled "Sentara -
Princess Anne Commons-Rezoning Metes & Bounds Exhibit" dated October 28,2004 and
attached hereto.
IT BEING part of that certain lot, piece or parcel of land, situate, lying and being in the City of
Virginia Beach, Virginia, and designated and described as "PARCEL 2A GPIN 1485-61-4028
2,429,791 SQ. Fr. ::; 55.78033 ACRES," as shown on that certain plat entitled: "PLAT
SHOWING SUBDMSION OF PRINCESS ANNE PARK PARCEL 2 AND PARCEL 4 MAP
BOOK 275 PAGES 55-68 AND A PORTION OF RECREATION DRIVE (CLOSED) FOR
THE CITY OF VIRGINIA BEACH," dated Sept. 9, 2002, Scale: 1"::; 200', and recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No.
200212203084143, to which reference is made for a more particular description.
6
- 42-
Item V-J.3
PLANNING
ITEM #53689
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED
Ordinances upon application of SNYDER FAMILY TRUST for a Conditional Change of Zoning and
MODIFIED, Conditional Use Permit to incorporate three (3) rezoned parcels into whole project (approved
by City Council October 23, 2001):
ORDINANCE UPON APPLICATION OF SNYDER FAMILY TRUST
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-7.5 TO CONDITIONAL B-2 Z03051218
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Snyder Family Trustfor a Chanrze of
Zoninrz District Classification from R-7.5 Residential District to
Conditional B-2 Community Business District on property located on
the east side of Clearfield Avenue, approximately 600 feet south of
Virginia Beach Boulevard (GPINS 14676612940000;
14676621650000; 14676610690000). The Comprehensive Plan
designates this site as part of Strategic Growth Area 3 - Newtown
Area, suitable for office and light industrial uses. The purpose of the
rezoning is to expand an existing automobile sales and repair facility.
DISTRICT 2 - KEMPSVILLE
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court.
ORDINANCE UPON APPLICATION OF SNYDER FAMILY TRUST
FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL
USE PERMIT APPROVED BY CITY COUNCIL ON OCTOBER 23,
2001 R030531236
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Snyder Family Trust for a Modification
of Conditions for a Conditional Use Permit approved by City Council
on October 23, 2001 on property located at 5225 Virginia Beach
Boulevard and on the east side of Clearfield Avenue, approximately
600 feet south of Virgin ia Beach Boulevard (GPINS 14676612940000;
14676621650000; 14676610690000; 14676692260000). DISTRICT
2 - KEMPSVILLE
These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eight of March Two Thousand Five
March 8, 2005
Item V-J.3
PLANNING
Voting:
- 43-
ITEM #53689
8-1 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Mayor Meyera E. Oberndorf, Jim
Reeve, Peter W Schmidt, Ron A, Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Vice Mayor Louis R, Jones and Richard A. Maddox
March 8, 2005
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6057
DATE: February 10, 2005
TO:
Leslie L. Lilley
William M. Macali ~
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE: Conditional Zoning Application; Checkered Flag/Snyder Family Trust
The above-referenced conditional zoning application is scheduled to be heard by the City
Council on March 8, 2005. I have reviewed the subject proffer agreement, dated November 22,
2004, 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.
WMM/nlb
Enclosure
cc: Kathleen Hassen
pThis Document Prepared by:
Fine, Fine, Legum & McCracken, LLP
THIS AGREEMENT made this 22nd day of November, 2004, by and between
STEPHEN M. SNYDER. TRUSTEE OF THE SNYDER F AMIL Y TRUST and
EVERGREEN VIRGINIA. L.L.C. a Virginia limited liability company, collectively referred
to herein as Property Owner, and CHECKERED FLAG MOTOR CAR COMPANY. INC., a
Virginia corporation, Lessee of Evergreen Virginia, L.L.c. and The Snyder Family Trust, herein
\
collectively referred to as Grantors, party of the first part; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the
second part.
WITNESSE TH:
WHEREAS, Property Owner is the owner of certain parcels of property located in the
Lynnhaven Borough of the City of Virginia Beach, more particularly described as follows:
PARCEL ONE - GPIN 1467-66-1294-0000
ALL THA T certain lot, piece or parcel of land, with the buildings
and improvements thereon, situate, lying and being in the city of
Virginia Beach, Virginia, being known, numbered and designated
as Lot 21, as shown on that certain plat entitled,"REVISED PLAT
OF CLEAR ACRES", which plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia
in Map Book 13, at page 57.
PARCEL TWO - GPIN 1467-66-2165-0000
ALL THA T certain lot, piece or parcel of land, with the buildings
and improvements thereon and appurtenances thereunto belonging,
situate, lying and being in the City of Virginia Beach, Virginia, and
known, numbered and designated as Lot 23, as shown on that
certain lat entitled "REVISED PLAT OF CEDAR ACRES", said
plat is duly recorded in the Clerk's Office of the Circuit Court of
GPIN 1467-66-1294-0000; 1467-66-2165
& 1467-66-1069 Page I of 7
PARCEL THREE - GPIN 1467-66-1069
ALL THAT certain lot, piece or parcel of land, with the buildings
and improvements thereon, situate, lying and being in the City of
Virginia Beach, Virginia, and being known, numbered and
designated as Lot 25, as shown on that certain plat entitled,
"REVISED PLAT OF CLEAR ACRES, PRINCESS ANNE
COUNTY, VIRGINIA,", which plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia
in Map Book 13, at Page 57.
said parcels hereinafter collectively referred to as the "Property"; and
WHEREAS, the Grantors have initiated a conditional amendment to the zoning map of
the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the
Zoning Classification of the Property from R-7.5 Residential District to B-2 Community
Business District (Conditional); and
WHEREAS, the Grantee's policy is to provide only for the orderly development ofland
for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible
development of various types of uses conflict and that in order to permit different types of uses
on and in the area of the Property and at the same time to recognize the effects of change that will
be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of
the Property for the protection of the community that are not generally applicable to land
similarly zoned are needed to resolve the situation to which the Grantors' rezoning application
gives rise; and
WHEREAS, the grantors have voluntarily proffered, in writing, in advance of and prior
to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map
Page 2 of 7
with respect to the Property, the following reasonable conditions related to the physical
development, operation, and use of the Property to be adopted as a part of said amendment to the
Zoning Map relative and applicable to the Property, which has a reasonable relation to the
rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns,
Grantee, and other successors in title or interest, voluntarily and without any requirement by or
exaction from the Grantee or its governing body and without any element of compulsion or quid
pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes
the following declaration of conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and hereby covenants and agrees that this
declaration shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the Grantors, their successors,
personal representatives, assigns, Grantees, and other successors in interest or title:
1. When the Property is developed, it shall be developed substantially as shown on the
exhibit entitled "Checkered Flag Parking Lot Expansion" dated 11/22/04, prepared by MSA, P.C.,
Virginia Beach, Virginia, which has been exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning (hereinafter "Site Plan").
2. When the Property is developed, it shall be landscaped substantially as depicted on the
exhibit entitled "Checkered Flag Parking Lot Expansion", dated 11122/04 prepared by MSA, P.C.,
Virginia Beach, Virginia, which has been exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning (hereinafter Landscape Plan").
3. The use of the Property shall be automobiles sales display area and/or accessory
parking in accordance with a conditional use permit duly approved by the City Council of the City of
Page 3 of 7
Virginia Beach.
4. 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 B-2 Zoning District and to the requirements and regulations
applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the
City of Virginia Beach, Virginia, in force as ofthe date of approval of this agreement by City Council,
which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantors and allowed and accepted
by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and
effect until a subsequent amendment changes the zoning of the Property and specifically repeals
such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning
Ordinance even if the subsequent amendment is part of a comprehensive implementation of a
new or substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the Clerk's
Office of the Circuit Court ofthe City of Virginia Beach, Virginia, and executed by the record
owner of the Property at the time of recordation of such instrument, provided that such
instrument is consented to by the Grantee in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the
Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with
said instrument as conclusive evidence of such consent, and if not so recorded, said instrument
Page 4 of 7
shall be void.
The Grantors covenant and agree that:
(I) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and
(b) to bring legal action or suit to insure compliance with such conditions, including mandatory
or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, the 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
Grantors and the Grantee.
Page 5 of 7
WITNESS the following signatures and seals:
CHECKE~OR SAR COMPANY, INC.
By -
EJw(1lJ D. Sl1ydel, Preside~1 . ~ ,J-+-
.5feph(/I 11. Snydtr I ' ,~e 1 ,~~, (fIn
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, fly k /Ie II. ;0' ~ (j re. , a Notary Public in and for the City and
State aforesaid, do hereby certify at Stephen M. Snyder, Trustee of the Snyder Famlly Trust as
as Member/Manager of Evergreen Virginia, L.L.C., whose name is signed to the f<?J.~g0in~~;~"
instrument dated .the ~ J- day of November, 2004 did personally appear before 11 i.~.~.~~;,
and State aforesaid and acknowledge the same to me. t;"'~Y? ~\~ ....~~
GIVEN under my hand and seal this t:2 ~ day of NovembeI)- 2004. Ei l ~t~~ J ~ ~
a::L .'\. ~. .:<f .,~?;
~~~ .... ~ ....€.I
':..~':.. ~~ .", .- ~
a k ~~~. .4~. .............. .~~
Notary Publl'C "';~l<;t-JfI -~,
'''';''~;1~'''
My commission expires:
~.3!)- ~/
Page 6 of 7
STATE OF VIRGINIA . S!-</I}('/J M J/?yd-("r;
CITY OF VIRGINIA BEAC. H, to-Wl.t: ~ V,C e j/rc? S ;' ell' '/ "l'-
I, /lJ- /47c /l. ~ /1 tJ, G- . a Not ublic in and for the City and
'-" .
State aforesaid, do hereby certify that Edwci1d D. SuyJI;;I, PIl;;sident of Checkered Flag Motor Car
Company, Inc., a Virginia corporation whose name is signed to the foregoing instrument dated
the ~ day of November, 2004 did personally appear before me in my City and State aforesaid
and acknowledge the same to me.
GIVEN under my hand and seal this=? C;; day of November, 2004. "-
) a
My commission expires:
Notary Public
9" Jtf. iJ;/
Page 7 of 7
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- 44-
Item V-J.4.
PLANNING
ITEM #53690
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of WORD OF LIFE FAMILY WORSHIP CENTER for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF WORD OF LIFE FAMILY
WORSHIP CENTER FOR A CONDITIONAL USE PERMIT FOR A
CHURCH R030531237
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Word of Life Family Worship Center
for a Conditional Use Permit for a church on property located at 4726
Larkspur Square Shopping Center (GPIN 14762550910000).
DISTRICT 2 - KEMPSVILLE
The following conditions shall be required:
1. All necessary permits and inspections and a certificate of
occupancy for the change of use shall be obtained from the
Department of Planning / Permits and Inspections Division
before occupancy and use of the unit for a church.
2. Church attendance shall be limited to that which will be specified
on the Certificate of Occupancy issued by the Department of
Planning / Permits and Inspections Division as required by
Condition One.
3. Parkingfor the use shall be established at one (I) space for every
jive individuals attending as determined under Condition 2.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of March Two Thousand Five
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel Robert M Dyer, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A,
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R, Jones and Richard A, Maddox
March 8, 2005
- 45 -
Item V-J. 5.
PLANNING
ITEM #53691
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council DEFERRED
until the City Council Session of March 22,2005, an Ordinance upon application of TIDEWATER
INSTITUTE OF SPORTS, L.L.C :
ORDINANCE UPON APPLICATION OF TIDEWATER INSTITUTE
OF SPORTS, L.L.c. FOR A CONDITIONAL USE PERMIT FOR A
RECREATIONAL FACILITY OF AN OUTDOOR NATURE
Ordinance upon Application of Tidewater Institute of Sports, L.L. C.for
a Conditional Use Permit for a recreational facility of an outdoor
nature on property located on the east side of Harpers Road,
approximately 1080 feet north of Dam Neck Road (GPINS
24054531390000;24057503860000;24048796590000), DISTRICT
6-BEACH
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel Robert M. Dyer, Reba S. Mc Clan an, Mayor
Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Richard A, Maddox
March 8, 2005
- 46-
Item V-J. 6.
PLANNING
ITEM #53692
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of PERFECTING SAINTS WORSHIP CENTER for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF PERFECTING SAINTS
WORSHIP CENTER FOR A CONDITIONAL USE PERMIT
R030531238
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Perfecting Saints Worship Center for
a Conditional Use Permit for a church on property located at 620
Baker Road (GPIN 14682182260000). DISTRICT 2 - KEMPSVILLE
The follOWing conditions shall be required:
1. Parking shall be provided for the church at the ratio of one
parking space for every five seats in the primary meeting area
during Sunday services, The Zoning Administrator shall conduct
a yearly review of the parking situation to determine if there are
any conflicts with the community centerlchurch use.
2. The Conditional Use Permit for Indoor Recreation - Bingo,
approved by City Council on May 29, 1990, is no longer valid.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance,
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of March Two Thousand Five
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel Robert M. Dyer, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R, Jones and Richard A. Maddox
March 8, 2005
- 47-
Item V-J. 7.
PLANNING
ITEM #53693
Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of GARDEN OF THE PINES for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF GARDEN OF THE PINES
FOR A CONDITIONAL USE PERMIT FOR A PET CREMATORY
R03053139
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Garden of the Pines for a Conditional
Use Permit for a pet crematory on property located at 2685 Salem
Road (GPIN 14834918780000). DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. The crematory unit shall be located in the area shown on the
submitted physical survey dated October 2, 1995. Specifications
for the unit, to include details on the emission and odor controls,
shall be submitted to the Planning Department prior to obtaining
a building permit to install the unit.
2. The applicant shall receive approval from the Fire Marshall's
office, if required, for any above ground fuel storage tanks.
3. Carcasses shall be contained in airtight bags and placed in a
freezer until cremation and must be cremated within 48 hours of
their delivery to the site.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of March Two Thousand Five
Voting: 9-0
Council Members Voting Aye:
Harry E. Diezel Robert M Dyer, Reba S. McClanan, Mayor
Meyera E. OberndorJ, Jim Reeve, Peter W Schmidt, Ron A,
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Louis R. Jones and Richard A. Maddox
March 8, 2005
Item V-.K.l.
- 48-
APPOINTMENTS
ITEM #53694
BY CONSENSUS, City Council RESCHEDULED:
COMMUNITY POLICY AND MANAGEMENT TEAM - CSA At Risk
COMMUNITY SERVICES BOARD
FRANCIS LAND HOUSE BOARD OF GOVERNORS
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE
MINORITY BUSINESS COUNCIL
PARKS AND RECREATION COMMISSION
PERFORMING ARTS THEATRE ADVISORY COMMITTEE
PERSONNEL BOARD
THE PLANNING COUNCIL
TOWING ADVISORY BOARD
March 8, 2005
- 49-
Item V-No
ADJOURNMENT
ITEM # 53695
Mayor Meyera E. OberndorfDECLARED the City Council Meeting ADJOURNED at 6:54 P.M.
a~ [).~Q
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Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~~-;;~~
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
March 8, 2005