HomeMy WebLinkAboutMARCH 27, 2007 AGENDA
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WUlS R. JONES, Bay.,ide - District"
WILLIAM R. DeSTEPH, At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER" Centerville - District I
BARBARA M. HENLEY, Princess Anne - District 7
REBA S. McCLANAN, Rose Hall - District 3
JOHN E. UHRIN, Beach - District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD. Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER -JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LIllEY
CITY CLERK - RUTH HODGES FRASER. MMC
27 MARCH 2007
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 234568005
PHONE: (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycnc/@vbgov.com
1.
CITY MANAGER'S BRIEFING
- Conference Room -
A. EMERGENCY REPSONSE SYSTEM (ERS)
Charles W. Meyer, Chief Operating Officer
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA
IV. INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
2:00 PM
3:30 PM
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B.
INVOCATION:
Father James C. Griffin
Pastor, Saint Mark's Catholic 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 13,2007
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARINGS
1. LEASE OF CITY-OWNED PROPERTY
a. Rosemont Commerce Center
b. 3rd Street and Atlantic Avenue
1. PRESENTATION
1. FY 2007-2008 RESOURCE MANAGEMENT PLAN (Proposed Budget)
Catheryn Whitesell, Director, Management Services
J. CONSENT AGENDA
K. RESOLUTIONS/ORDINANCES
1. Resolution to DIRECT the City Manager to prepare the City's Annual Budget based
upon limited growth in real estate tax revenues (requested by Council Members DeSteph
and McClanan
2. Resolution to RENEW annual EMS permits for area private and non-profit organizations:
a. Lifeline Ambulance Service, Inc.
b. Life Evac of Virginia
3. Ordinance to AUTHORIZE the Virginia Beach Development Authority to enter into an
agreement with the Virginia Beach Golf Club, LLC, for the management and operation of
the VIRGINIA BEACH NATIONAL GOLF COURSE (formerly TPC) in Virginia
Beach, Virginia.
4. Ordinance to AUTHORIZE the City Manager to execute a lease of City-owned property
with DOLPHIN RUN CONDOMINIUM ASSOCIATION at 3rd Street and Atlantic
Avenue re area for overflow parking
DISTRICT 6 - BEACH
5. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property for
RUDEE INLET OWNERS' ASSOCIATION, INC. (AKA RUDEE INLET
CONDOMINIUM, a condominium) to construct and maintain boat lifts, piers, a bulkhead,
mooring piles and a walkway into a portion of City property known as Lake Rudee.
DISTRICT 6 -BEACH
6. Ordinance to REVISE the time limit for individual speakers during Public Comment
Session from three (3) minutes to five (5) minutes.
7. Ordinances to ACCEPT and APPROPRIATE:
a. $90,000 from the Fund Balance of the General Fund to provide an interest-free
loan to the Ocean a Volunteer Fire Department re the purchase of a new
salvage truck
b. $3,000 donated by the GEICO Philanthropic Foundation to the Police Department
FY 2006-07 Operating Budget; and ACCEPT a $3,000 donation each year
thereafter for two (2) years re the "Every 15 Minutes" teen educational program
L. PLANNING
1. Applications of SALT MEADOW BAY, L.L.C., re a multifamily structure with eight
(8) units at Oakland Avenue and Barberton Drive:
DISTRICT 6 - BEACH
a. Discontinuance, closure and abandonment of an unimproved portion of Oakland
Avenue to incorporate the land into the adjoining parcels
b. Chan~e of Zoning District Classification from R -7.5 Residential District to
Conditional A-12 Apartment District
RECOMMENDA nON
APPROVAL
2. Variances re the creation of a lot for a single-family home at 1428 Campbells Landing Road:
DISTRICT 7 - PRINCESS ANNE
a. g5(b) of the Site Plan Ordinance that requires all newly created lots meet the
requirements of the Floodplain Regulations for THEODORE E. THIEMAN
b. g4.4(d) of the Subdivision Ordinance that requires all newly created lots meet the
requirements of the City Zoning Ordinance (CZO) for JESSICA XENAKIS and
JEREMY DAUGHTRY
STAFF RECOMMENDATION
PLANNING COMMISSION RECOMMENDA nON
DENIAL
APPROVAL
3. Applications re gasoline sales with a convenience store at Nimmo Parkway and Princess
Anne Road:
DISTRICT 7 - PRINCESS ANNE
a. ARMADA/HOFFLER COMMERCE ASSOCIATES, L.P. for a Modification
of Proffers to reconfigure the parcels for a Conditional Change of Zoning
(approved on June 8, 2004)
b. W A W A, INC. for a Conditional Use Permit for gasoline sales with a convenience
store
RECOMMENDA nON
APPROV AL with the Elimination
of certain text in Proffer 3
4. Application ofDA VID PARKER for a Conditional Use Permit re a bulk storage yard at
1228 Jensen Drive.
DISTRICT 6 - BEACH
RECOMMENDATION
APPROVAL
5. Applications of V ALUE PLACE REAL ESTATE SERVICES, LLC, at 1357
Diamond Springs Road
DISTRICT 4 - BA YSIDE
a. Modification of Proffers to allow a change of use from an office/warehouse facility
to development of a hotel (Conditional Change of Zoning approved on February 28,
2006)
b. Conditional Use Permit: 121-unit limited service hotel
DEFERRED
RECOMMENDA nON
March 13,2007
APPROVAL
M. APPOINTMENTS
HEALTH SERVICES ADVISORY BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
TOWN HALL MEETINGS
April 17
September 18
November 20
Location To Be Announced -7:15 pm
Location To Be Announced -7:15 pm
Location To Be Announced - 7:15 pm
CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE
April 10 (Workshop)
April 17 (Workshop)
April 19 (public Hearing)
April 24 (Workshop)
April 24 (Public Hearing)
May 1 (Workshop)
May 8 (Reconciliation Workshop)
May 15 (Adoption)
Council Conference Room
Council Conference Room
Bayside High School at 6:00 p.m.
Council Conference Room
Council Chamber at 6:00 p.m.
Council Conference Room
Council Conference Room
Council Chamber at 6:00 p.m.
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If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
Agenda 0312012007mb
www.vbgov.com
1. CITY MANAGER'S BRIEFING
- Conference Room -
2:00 PM
A. EMERGENCY REPSONSE SYSTEM (ERS)
Charles W. Meyer, Chief Operating Officer
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA
IV. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
3:30 PM
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM
D. CALL TO ORDER - Mayor Meyera E. Obemdorf
E.
INVOCATION:
Father James C. Griffin
Pastor, Saint Mark's Catholic Church
F. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
G. ELECTRONIC ROLL CALL OF CITY COUNCIL
H. CERTIFICATION OF CLOSED SESSION
1. MINUTES
1. INFORMAL and FORMAL SESSIONS
March 13,2007
J. AGENDA FOR FORMAL SESSION
Ilrsolutinu
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded here and in accordance with the provisions of The
Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 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.
K. PUBLIC HEARINGS
1. LEASE OF CITY-OWNED PROPERTY
a. Rosemont Commerce Center
b. 3rd Street and Atlantic Avenue
PUBLIC HEARING
LEASE OF CITY PROPERTY
The Virginia Beach City Council will hold a PUBLIC
HEARING on the proposed leasing of City-owned
property on Tuesday, March 27, 2007, at 6:00
p.m. in the Council Chamber of the City Hall Build-
ing (Building #1) at the Virginia Beach Municipal
Center, Virginia Beach, Virginia. The purpose of this
Hearing will be to obtain public comment on the
City's proposal to lease the following parcels:
Approximately 0.15 acres of land used for egress to
and from Rosemont Commerce Center.
Approximately 0.09 acres of land located at 3rd
Street and Atlantic Avenue.
If you are physically disabled or visually
impaired and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at
385-4303.
Any questions concerning this matter should be
directed to the Department of Management Ser-
vices - Facilities Management Office, Room 228,
Building 18. at the Virginia Beach Municipal Center.
The Facilities Management Office telephone number
is (757) 385 8234.
~~
/
Ruth Hodges Fraser, MMC
City Clerk
Beacon March 18, 2007
16700174
L. PRESENTATION
1. FY 2007-2008 RESOURCE MANAGEMENT PLAN (Proposed Budget)
Catheryn Whitesell, Director, Management Services
M. CONSENT AGENDA
N. RESOLUTIONS/ORDINANCES
1. Resolution to DIRECT the City Manager to prepare the City's Annual Budget based
upon limited growth in real estate tax revenues (requested by Council Members DeSteph
and McClanan
2. Resolution to RENEW annual EMS permits for area private and non-profit organizations:
a. Lifeline Ambulance Service, Inc.
b. Life Evac of Virginia
3. Ordinance to AUTHORIZE the Virginia Beach Development Authority to enter into an
agreement with the Virginia Beach Golf Club, LLC, for the management and operation of
the VIRGINIA BEACH NATIONAL GOLF COURSE (formerly TPC) in Virginia
Beach, Virginia.
4. Ordinance to AUTHORIZE the City Manager to execute a lease of City-owned property
with DOLPHIN RUN CONDOMINIUM ASSOCIATION at 3rd Street and Atlantic
Avenue re area for overflow parking
DISTRICT 6 - BEACH
5. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property for
RUDEE INLET OWNERS' ASSOCIATION, INC. (AKA RUDEE INLET
CONDOMINIUM, a condominium) to construct and maintain boat lifts, piers, a bulkhead,
mooring piles and a walkway into a portion of City property known as Lake Rudee.
DISTRICT 6 -BEACH
6. Ordinance to REVISE the time limit for individual speakers during Public Comment
Session from three (3) minutes to five (5) minutes.
7. Ordinances to ACCEPT and APPROPRIATE:
a. $90,000 from the Fund Balance of the General Fund to provide an interest-free
loan to the Oceana Volunteer Fire Department re the purchase of a new
salvage truck
b. $3,000 donated by the GEICO Philanthropic Foundation to the Police Department
FY 2006-07 Operating Budget; and ACCEPT a $3,000 donation each year
thereafter for two (2) years re the "Every 15 Minutes" teen educational program
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
A Resolution Directing the City Manager to Prepare the City's Annual
Budget Based Upon limited Growth in Real Estate Tax Revenues
MEETING DATE: March 27, 2007
. Background:
The primary revenue source for localities in the Commonwealth of Virginia is the
real estate tax. Annual real estate assessments have been growing at rates that
have caused annual growth in the City's overall budget to exceed the annual
growth in the Consumer Price Index.
. Considerations:
The attached resolution would direct the City Manager to limit growth in the City's
revenues received from real estate taxes from FY 2006-07 to FY 2007-08 to 3.5
percent of the FY 2006-07 revenues received from real estate taxes. For the
City's annual budget for FY 2008-09, the City Manager would limit growth in the
City's revenues received from real estate taxes from FY 2007-08 to FY 2008-09
to the percent change in the level of the Consumer Price Index for All Urban
Consumers from January 2007 to January 2008. In preparation of all future
budgets, the City Manager would limit growth in the City's revenues received
from real estate taxes to the percent change in the level of the Consumer Price
Index for All Urban Consumers for the prior year.
. Public Information:
This item will be advertised in the same manner as other agenda items.
. Attachments:
Resolution
Requested by Councilmembers DeSteph and McClanan
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REQUESTED BY COUNCILMEMBERS DeSTEPH AND
McCLANAN
A RESOLUTION DIRECTING THE CITY MANAGER TO
PREPARE THE CITY'S ANNUAL BUDGET BASED UPON
LIMITED GROWTH IN REAL ESTATE TAX REVENUES
WHEREAS the primary revenue source for locali ties in the
Commonwealth of Virginia is the real estate tax; and
WHEREAS annual real estate assessments have been growing at
rates that have caused the annual growth in the City'S overall
budget to exceed the annual growth in the Consumer Price Index;
and
WHEREAS the City Council desires to limit the increase In
real estate tax levies to efficiently balance the services to be
provided by the City with the costs of those services to its
citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
(1) That in preparation of the city's annual budget for FY
2007-08, the City Manager is directed to limit the growth in the
City's revenues received from real estate taxes from FY 2006-07
to FY 2007-08 to 3.5 percent of the FY 2006-07 revenues received
from real estate taxes.
(2) That in preparation of the city's annual budget for FY
2008-09, the City Manager is directed to limit the growth in the
City's revenues received from real estate taxes from FY 2007-08
to FY 2008-09 to the percent change in the level of the Consumer
Price Index for All Urban Consumers from January 2007 to January
2008.
(3) That in preparation of all future budgets, the City
Manager is directed to limit the growth in the City's revenues
received from real estate taxes to the percent change in the
level of the Consumer Price Index for All Urban Consumers for
the prior year.
Adopted by the
Virginia, on the
Council
day of
of
City of Virginia
, 2007.
the
Beach,
Approved As To Legal
Sufficiency:
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March 20, 2007
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CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM: A Resolution to Approve Annual EMS Permits for Providing Private EMS Ambulance
Services in Virginia Beach to American Lifeline Medical Transport and life EVAC of
Virginia
MEETING DATE:
March 27,2007
. Background: In accordance with Virginia Code ~ 32.1-111.14, City Code ~ 10.5-2
requires any individual or organization that desires to operate an emergency medical services
agency or emergency medical services vehicle in the City for emergency transport or non-
emergency transport purposes to first be granted a permit to do so by the City Council.
. Considerations: The following applications have been processed by the Department of
Emergency Medical Services for the operation of a private permitted EMS agency:
o BlS ground transport - American Lifeline Medical Transport. American Lifeline
Medical Transport has recently expanded its service and coverage area and will be
offering interfacility transportation services in Virginia Beach. American Lifeline
Medical Transport is an EMS agency licensed and in good standing with the Virginia
Office of EMS.
o Air ambulance - life Evac of Virginia. Life Evac of Virginia recently placed a
helicopter base in West Point, Virginia and will be offering interfacility air medical
transport services in Virginia Beach. Life Evac of Virginia is an EMS agency licensed
and in good standing with the Virginia Office of EMS.
. Public Information: The public will be notified of the pending action via the Council
Agenda as printed in the Beacon.
. Alternatives: Failure to issue these permits would prohibit these agencies from
providing any emergency or non-emergency medical transport services within the City. This is
not a function provided by the City's volunteer rescue squads.
. Recommendations: The Department of Emergency Medical Services recommends
approval of this permit application.
. Attachments: Resolution
Recommended Action: Approval
Submitting Department/Agency: Department of Emergency Medical Services
CityManager~ l, ~
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A RESOLUTION TO APPROVE ANNUAL EMS
PERMITS FOR PROVIDING PRIVATE EMS
AMBULANCE SERVICES IN VIRGINIA BEACH TO
AMERICAN LIFELINE MEDICAL TRANSPORT AND
LIFE EVAC OF VIRGINIA
WHEREAS, in accordance with Virginia Code ~ 32.1-111.14,
City Code ~ 10.5-2 requires any individual or organization that
desires to operate an emergency medical services agency or
emergency medical services vehicle in Virginia Beach for
emergency transport or non-emergency transport purposes to apply
for a permit; and
WHEREAS, the City Code requires that City Council approve
all such applications; and
WHEREAS, applications have been received from American
Lifeline Medical Transport and Life EVAC of Virginia; and
WHEREAS, these applications have
recommended for approval by the Virginia
Emergency Medical Services; and
been processed
Beach Department
and
of
WHEREAS this Council finds the approval of both of these
applications is in the best interest of the citizens of Virginia
Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That
Transport
providing
Beach are
the applications of American Lifeline Medical
and Life Evac of Virginia for annual EMS permits for
private EMS ambulance services in the City of Virginia
hereby approved and granted, effective immediately.
COMMENT:
This resolution will grant a permit to the American Lifeline Medical Transport and the Life
EV AC of Virginia, allowing these organizations to operate in Virginia Beach for emergency
transport of injured/ill persons. The Virginia Beach Department of EMS recommends approval of
both applications.
of
the
City of Virginia
, 2007.
Beach,
the Council
day of
Adopted by
Virginia on the
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
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Department of Emergency
Medical Services
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March 20, 2007
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance approving and authorizing the Virginia Beach Development
Authority to enter into a management agreement with Virginia Beach Golf Club,
LLC, for the management and operation of the Virginia Beach National Golf
Course in the City of Virginia Beach, Virginia.
MEETING DATE: March 27, 2007
. Background: The City of Virginia Beach leased the land that is now the
site of the Tournament Players Club at Virginia Beach to the City of Virginia
Beach Development Authority (VBDA) in 1997. The VBDA then entered into a
sublease agreement with the Tournament Players Club of Virginia Beach, LLC
(TPC) in October 1997 for the purposes of developing and operating the TPC golf
course. The term of the sublease was for 40 years expiring in 2037. On October
3, 2006 City Council approved an Ordinance authorizing the VBDA to terminate its
sublease and acquire the golf facility located at Princess Anne Road from the
TPC. On December 12, 2006, City Council adopted an Ordinance to provide
funding to the VBDA in order to retain TPC management of the golf course
through March 31, 2007.
During this period, City Council directed the Procurement Division to move
forward with a Request for Proposal advertisement for the purpose of managing
and operating this golf facility located at Princess Anne Road. The City received
numerous proposals for operating the course on November 27, 2006. Following
an extensive review of the proposals the top candidate was selected and
negotiations began. This candidate is the Virginia Beach Golf Club, LLC, (VBGC),
a Virginia Limited Liability Company.
. Considerations: Following extensive technical proposal discussions, a
summary of the terms of the management agreement for the operation,
management and upkeep of the Virginia Beach National Golf Course located at
Princess Anne Road shall commence April 1, 2007 and terminate, effective
midnight, December 31, 2011 (the initial term). The initial term may be extended
at the mutual option of VBGC and VBDA for three two-year terms. During the
initial term, a lease payment shall be made monthly to the City in an amount equal
to five percent (5%) of the gross received in the preceding month. VBGC shall
contribute an additional five percent (5%) of gross receipts during each month of
this Agreement to the VBDA as the capital improvement payment For each year
of this agreement VBGC shall make a profit sharing payment to VBDA in the
amount of 25% of the amount exceeding $100,000 net profit. For the first year of
this Agreement (April 1 , 2007 until December 31, 2007), the lease payment and the
capital improvement payment shall be abated. Therefore VBGC's lease payment
and capital improvement payment shall not be due until February 15, 2008.
During the terms of the Agreement, VBGC shall operate the golf course
facility as a Tier III Golf Course. VBGC shall operate a restaurant and ensure it is
open for breakfast, lunch and bar service on each day the golf course facility is
open to the public. VBGC shall be responsible for all repairs and capital
maintenance costing less than $10,000. Repairs and capital maintenance in
excess of $10,000 shall be approved by the VBDA and funded from the Capital
Improvement Account. The City or VBDA shall retain the right to realign the
course layout provided they give the specified notification, retain the Pete Dye
architecture and ensure that VBGC's lease, capital improvement, and profit
sharing payments are properly adjusted in accordance with the terms of the
management agreement. VBGC will agree to honor the contracts and partner
passes previously agreed to by the former operator, the TPC. VBGC shall
maintain all necessary insurances. VBGC agrees to negotiate with the First Tee
of Virginia Beach to provide maintenance and grounds keeping services on a
reimbursable basis at no charge to VBDA. VBGC will comply with all
environmental standards and applicable laws.
. Public Information: Public information will be handled through the normal
agenda process.
. Alternatives: The first alternative would be to require the Department of
Parks and Recreation to take over operations and management of the course 1
April 2007. If this alternative were selected, the City could expect an immediate
annual expense in excess of $700,000 and a significant delay in the public's
ability to use the facility. The second alternative would be to begin negotiations
with the alternate golf management RFP .respondent in hopes that they could take
over from Parks and Recreation in about four months. Thirdly, it would be
erroneous to believe that the City could just close the course and place it into
caretaker status should we be unable to corne to resolution on the management
agreement. If the course were to be put into caretaker status, expenses would
exceed $5,000 a month as well as forego any revenue generation.
. Recommendations: City Council approve and authorize the City of Virginia
Beach Development Authority to enter into a management agreement with the
Virginia Beach Golf Club, LLC for the initial term operation and management of
the Virginia Beach National Golf Course effective April 1 , 2007.
. Attachments: Ordinance, Summary of Terms.
Recommended Action: Approval of attached Ordinance.
Submitting Dep-artm.entlAgency: Chief of Finance and Technology
"( (\\
City Manager::",.' ~;\;,,\~\ ,
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AN ORDINANCE REQUESTING THE VIRGINIA
BEACH DEVELOPMENT AUTHORITY TO ENTER
INTO A MANAGEMENT AGREEMENT WITH
VIRGINIA BEACH GOLF CLUB, LLC FOR THE
OPERATION OF THE TPC GOLF COURSE
WHEREAS, the TPC Golf Course is owned by the Virginia Beach
Development Authority (~VBDAH);
WHEREAS, the Tournament Players Club of Virginia
L.L.C. (~TPC L.L.C.H) has a contractual obligation to
the TPC Golf Course through March 31, 2007; and
Beach,
operate
WHEREAS, the City of Virginia Beach issued a Request for
Proposal for the management and operation of the TPC Golf
Course, and has selected Virginia Beach Golf Club, LLC (~VBGCH)
to operate and manage the TPC Golf Course.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby requests the VBDA to execute a
management agreement between VBGC and the VBDA for the operation
of the TPC course consistent with the summary of terms attached
hereto.
Adopted by the
Virginia on the
Council of
day of
the
City of Virginia
, 2007.
Beach,
CA10303
V:\applications\citylawprod\cycom32\WpdocS\DOZZ\POOZ\00030310.DOC
R-1
March 22, 2007
APEROVED-AS TO CONTENT:
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APPROVED AS TO LEGAL
SUFFICIENCY:
SUMMARY OF TERMS
Term: Initial term of April 1, 2007 through midnight, December 31, 2011 (the initial
term).
Three two-year renewal optional extensions on mutual agreement of VBDA and
VBGC.
Payments:
(i) A monthly operations payment of five percent (5%) of the gross revenues
of VBGC, including all revenues from operation of the restaurant on the
Golf Facility (the "Operations Payment").
(ii) A monthly capital maintenance payment to the VeDA of five percent (5%)
of gross revenues of VBGC, including all revenues from the operation of
the restaurant on the Golf Facility (the "Capital Improvement Paymenf').
(iii) A profit sharing payment equal to twenty-five percent of all net profit in
excess of $100,000.00 (the "Profit Sharing Paymenf'). This payment shall
be made annually.
(iv) For the first year of this Agreement (April 1, 2007 until December 31,
2007), the Operations Payment and the Capital Improvement Payment
shall be abated.
Course Realignment:
During the term of the Agreement, the VBDA shall have the right to realign the
course should it deem such action appropriate.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance authorizing the City Manager to execute a lease for less than
five years with the Dolphin Run Condominium Association, Inc., a Virginia
non-stock corporation, for 0.09 acre of City owned land located at 3rd Street
and Atlantic Avenue
MEETING DATE: March 27, 2007
. Background: The Dolphin Run Condominium Association, Inc., a Virginia
non-stock corporation (the "Dolphin Run Condominiums") would like to
lease 0.09 acre of property from the City of Virginia Beach (the "City")
located at the corner of 3rCl Street and Atlantic Avenue. The City acquired
the land in the Rudee Loop area. Dolphin Run Condominiums leased this
small parcel of land from the previous owners. When the City of Virginia
Beach acquired this land, it was understood that Dolphin Run
Condominiums desired to continue leasing the land until the City was
ready to use it for future City projects. This parcel will be used by the
Dolphin Run Condominiums to augment vehicular parking for guests
staying at its establishment. The lease is for four (4) months and has a
thirty-day (30) termination clause in the event the City needs the land prior
to the termination of the lease.
. Considerations: This lease would be for a term of four months and the city
has a thirty-day (30) termination option.
.
Public Information:
Advertisement of Public Hearing
Advertisement of City Council Agenda
. Alternatives: Approve Lease Agreement as presented, change
conditions of the Lease Agreement or deny leasing of subject premises.
. Recommendations: Approval
. Attachments: Summary of Terms
Ordinance
Lease
Location map
Recommended Acdon: Approval
Submitting Department/Agency: Management serv~lIIties Management Office
City Manager:~ \L. '8c3~
SUMMARY OF TERMS
LEASE FOR THE USE OF .09 ACRE OF
CITY REAL PROPERTY
LESSOR: City of Virginia Beach
LESSEE: Dolphin Run Condominium Association, Inc.
PREMISES: Approximately .09 acre of City property located at the corner of 3rd Street
and Atlantic Avenue
TERM: May 15, 2007 through September 15, 2007
RENT: Rent shall be $4,320, payable either in a lump sum or in equal monthly
installments of $1,080.00.
RIGHTS AND RESPONSmILITIES OF
DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC.:
. Will use the Premises for overflow parking for its guests and for no other purpose.
. Will keep, repair, and maintain the Premises at its expense and will do so in a
workmanlike manner.
. Will maintain commercial general liability insurance coverage with policy limits of
not less than one million dollars ($1,000,000) combined single limits per occurrence,
issued by an insurance company licensed to conduct the business of insurance in
Virginia. Such insurance shall name the City of Virginia Beach as an additional
insured. Lessee shall provide a certificate evidencing the existence of such insurance.
. Will maintain Automobile Liability Insurance including coverage for non-owned
and hired vehicles in an amount not less than five hundred thousand dollars
($500,000) combined single limits per occurrence, issued by an insurance company
licensed to conduct the business of insurance in Virginia. Licensee shall provide a
certificate evidencing the existence of such insurance.
. Will assume the entire responsibility and liability for any and all damages to
persons or property caused by any act or omission of the Lessee or its agents, etc.
associated with the use of the Premises.
. Will comply with all applicable laws, ordinances, and regulations in the
performance of its obligations under the Lease.
RIGHTS AND RESPONSmILITIES OF
THE CITY:
. Will have access to the Premises at any time, without prior notice, in the event of an
emergency or public necessity.
· Will have the right to require Dolphin Run Condominium Association, Inc. to
surrender possession and control of the Premises to the City upon forty-eight (48)
hours notice in the discharge of its powers, purposes, or responsibilities.
. Will have the right to grant easements and rights of way across the Premises for
streets, alleys, public highways, drainage, and other similar purposes.
TERMINATION: The City may terminate the Lease upon providing thirty (30) days
written notice to Dolphin Run Condominium Association, Inc.
1
2
3 AN ORDINANCE AUTHORIZING THE
4 CITY MANAGER TO EXEUTE A LEASE
5 FOR LESS THAN FIVE YEARS WITH
6 THE DOLPHIN RUN CONDOMINIUM
7 ASSOCIATION, INC., A VIRGINIA
8 NON-STOCK CORPORATION, FOR 0.09
9 ACRE OF CITY OWNED LAND LOCATED
10 AT 3RD STREET AND ATLANTIC
11 AVENUE
12
13
14 WHEREAS, the City of Virginia Beach (the "City") is
15 the owner of that certain 0.09 acre of land located at 3rd
16 Street and Atlantic Avenue in Virginia Beach, virginia (the
17 "Premises") ;
18
19 WHEREAS, the Dolphin Run Condominium Association, Inc.
20 (the "Dolphin Run Condominiums") would like to enter into a
21 formal lease arrangement with the City for the Premises
2 2 shown on Exhibi t A;
23
24 WHEREAS, the Premises will be utilized as an overflow
25 parking lot for the registered guests of the Dolphin Run
26 Condominiums, and for no other purpose;
27
28 WHEREAS, the Dolphin Run Condominiums has agreed to
29 pay the City $4,320.00 for the use of the Premises for a
30 four month period;
31
32 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
33 THE CITY OF VIRGINIA BEACH, VIRGINIA:
34
35 That the City Manager is hereby authorized to execute
36 a lease for the term of less than five years, between the
37 Dolphin Run Condominium Association, Inc., a Virginia non-
38 stock corporation, and the City of Virginia Beach, for that
39 certain 0.09 acre of City-owned land located at 3ro Street
40 and Atlantic Avenue, Virginia Beach, Virginia in accordance
41 with the Summary of Terms attached hereto and such other
42 terms, conditions or modifications as may be satisfactory
43 to the City Attorney and the City Manager.
44 Adopted by the Council of the City of Virginia Beach,
45 Virginia on the day of , 2007
CA-10297
V:\applications\dtyJawp'0d\A:yc0m32\ Wpdocs\DOO9\POO21OOO29583.DOC
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March 8, 2007
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
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APPROVED AS TO CONTENT
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Department I
EXHIBIT "A"
TO BE LEASED TO THE DOLPHIN RUN CONDIMINIUM
ASSOCIATION BY THE CITY OF VIRGINIA BEACH
0.09 Acres at 3 rd Street
and Atlantic Avenue
- Interstate .
- Primary Roads
- Streets
Parcel
. Water Bodies
N
SCALE 1: 1.767
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A
10
SUMMARY OF TERMS
LEASE FOR THE USE OF .09 ACRE OF
CITY REAL PROPERTY
LESSOR:
City of Virginia Beach
LESSEE:
Dolphin Run Condominium Association, Inc.
PREMISES: Approximately .09 acre of City property located at the corner of 3rd Street
and Atlantic Avenue
TERM:
May 15, 2007 through September 15, 2007
RENT:
Rent shall be $4,320, payable either in a lump sum or in equal monthly
installments of $1,080.00.
RIGHTS AND RESPONSIBILITIES OF
DOLPHIN RUN CONDOMINIUM ASSOCIATION, INC.:
· Will use the Premises for overflow parking for its guests and for no other purpose.
· Will keep, repair, and maintain the Premises at its expense and will do so in a
workmanlike manner.
. Will maintain commercial general liability insurance coverage with policy limits of
not less than one million dollars ($1,000,000) combined single limits per occurrence,
issued by an insurance company licensed to conduct the business of insurance in
Virginia. Such insurance shall name the City of VIrginia Beach as an additional
insured. Lessee shall provide a certificate evidencing the existence of such insurance.
. Will maintain Automobile Liability Insurance including coverage for non-owned
and hired vehicles in an amount not less than five hundred thousand dollars
($500,000) combined single limits per occurrence, issued by an insurance company
licensed to conduct the business of insurance in Virginia. Licensee shall provide a
certificate evidencing the existence of such insurance.
,. Will assume the entire responsibility and liability for any and all damages to
persons or property caused by any act or omission of the Lessee or its agents, etc.
associated with the use of the Premises.
. Will comply with all applicable laws, ordinances, and regulations in the
performance of its obligations under the Lease.
RIGHTS AND RESPONSIBILITIES OF
TIlE CITY:
. Will have access to the Premises at any time, without prior notice, in the event of an
emergency or public necessity.
. Will have the right to require Dolphin Run Condominium Association, Inc. to
surrender possession and control ofthe Premises to the City upon forty-eight (48)
hours notice in the discharge of its powers, purposes, or responsibilities.
. Will have the right to grant easements and rights of way across the Premises for
streets, alleys, public highways, drainage, and other similar purposes.
TERMINATION: The City may terminate the Lease upon providing thirty (30) days
written notice to Dolphin Run Condominium Association, Inc.
THIS LEASE AGREEMENT ("Lease"), made this day of
,2007, by and between the CITY OF VIRGINIA BEACH
(GRANTOR/LESSOR), a municipal corporation of the Commonwealth of Virginia,
hereinafter referred to as "CITY" or "LESSOR," and Dolphin Run Condominium
Association, Inc., a Virginia non-stock corporation (GRANTEE/LESSEE),
hereinafter referred to as "Lessee."
WITNESSETH
1. LEASED PREMISES. That for and in consideration of the rents,
covenants and agreements hereinafter reserved and contained on the part of the
Lessee to be observed and performed, LESSOR leases to Lessee and Lessee
rents from LESSOR the following property, hereinafter referred to as the "Property",
delineated as shaded area upon the attached map labeled "Exhibit A" entitled
"EXHIBIT "A" TO BE LEASED TO THE DOLPHIN RUN CONDOMINIUM
ASSOCIATION BY THE CITY OF VIRGINIA BEACH", reference being made to said
Exhibit for a more accurate description thereof.
2. RENT. That for and in consideration of the sum of $4,320.00, payable
either in a lump sum or in equal monthly payments of $1,080.00 no later than the
5th of each month, over the term of this Lease (the "Rent"), LESSOR does hereby
lease and demise unto Lessee the Property.
3. TERM. The term of this Lease shall be for four months commencing
May 15, 2007 and expiring September 15, 2007.
4. USE OF PROPERTY -PURPOSES. Lessee covenants that the
Property shall be used solely for overflow parking for guests staying at the Dolphin
Run Condominiums. This Lease may be terminated on thirty (30) days notice by
LESSOR to Lessee. Lessee shall use the Property only for the purposes listed
herein and any other use thereof, unless necessarily incidental to such listed and
allowed uses, shall constitute a breach of this Lease and cause its immediate
termination. The Property is leased by LESSOR to Lessee "as is," and the sole
responsibility for the maintenance and upkeep of the Property shall be with Lessee.
5. ASSIGNMENT AND SUBLEASE. This Lease may not be assigned
or transferred, and the Property shall not be sublet, either in whole or in part, by
Lessee without LESSOR's prior written consent.
6. TERMINATION AND RIGHT OF ENTRY BY LESSOR.
A. In the event that Lessee shall for any reason be in default of the
terms of this Lease, the LESSOR may give Lessee written notice of such default by
certified mail/return receipt requested at the address set forth in Paragraph 14 of
this Lease. Unless otherwise provided, Lessee shall have ten (10) days from the
date such notice is mailed in which to cure the default.
Upon the occurrence of a default, in addition to all other rights and
remedies as provided by law, the LESSOR shall have the right to: (a) terminate this
Lease, whereupon Lessee shall quit and surrender the Property to the LESSOR
and Lessee shall remain liable for all Rent that may be due up to the time this Lease
terminates or the LESSOR takes possession of the Property; (b) reenter and
repossess the Property and lock out the Lessee; and (c) cure the breach or default
at Lessee's expense. Lessee shall remain liable for all costs, fees and expenses
incurred by the LESSOR in curing the default and the same shall be additional Rent
payable to LESSOR on demand.
2
B. LESSOR reserves the right at any time, without prior written
notice to enter upon the Property after it has been determined that an emergency or
a public necessity exists.
C. The parties acknowledge that LESSOR has certain powers,
purposes and responsibilities. To discharge its powers, purposes or
responsibilities, LESSOR shall have the right to require Lessee to immediately
dismantle and remove any and all improvements from the Property, within forty-
eight hours after notice is given to Lessee. Thereafter, LESSOR shall have the
exclusive right to enter upon and use the Property, and Lessee shall surrender
possession and control thereof to LESSOR.
D. Further, LESSOR reserves the right to terminate this Lease by
giving written notice to Lessee at least thirty (30) days prior to the date of
termination. All Rent paid in advance shall be refunded.
7. Lessee will keep all equipment and improvements, if any, placed upon
the Property by Lessee, in a safe, clean, and orderly condition; be responsible for all
activities on the Property that fall under its control; and will act immediately in
response to any notices by LESSOR with reference to the forgoing.
It is further understood and agreed as part of the consideration hereof,
that Lessee shall be responsible for the maintenance and/or repair of the Property
arising out of Lessee's use of the Property. Should any maintenance and/or repair
work be deemed necessary, then the decision of LESSOR as to the scope of the
required work and the amount of such liability shall control and be binding on
Lessee.
3
8. LESSOR'S RIGHT TO GRANT EASEMENTS. LESSOR reserves
the right to grant easements and rights of way across or upon the Property, for
streets, alleys, public highways, drainage, utilities, telephone and telegraph
transmissions lines, pipelines, irrigation canals, and similar purposes.
9. INDEMNIFICATION/INSURANCE BY LESSEE. Lessee shall
indemnify and save harmless LESSOR and all its officials, agents and employees
from and against all losses and expenses incurred because of claims, demands,
payments, suits, actions, recoveries, and judgments of every nature and description
brought or recovered against them by reason of any injuries to property or person,
including death, occurring on the Property, arising out of or in connection with
Lessee's use of the Property. During the term of this Lease, Lessee shall obtain
and keep in force the following policies of insurance:
A) Worker's Compensation Insurance as required under Title 65.2 of
the Code of Virginia.
B) Commercial General Liability Insurance in an amount not less than
one million dollars ($1,000,000) combined single limits (CSL). Such insurance shall
name LESSOR as an additional insured.
C) Automobile Liability Insurance including coverage for non-owned
and hired vehicles in an amount not less than five hundred thousand dollars
($500,000) combined single limits (CSL).
All policies of insurance required herein shall be written by insurance
companies licensed to conduct the business of insurance in the Commonwealth of
Virginia and, acceptable to LESSOR, and shall carry the provision that the
insurance will not be canceled or materially modified without thirty days (30) prior
4
written notice to LESSOR. Lessee shall provide a certificate evidencing the
existence of such insurance.
10. APPLICABLE LAW. This Lease shall be deemed to be a Virginia
Lease and shall be governed as to all matters whether of validity, interpretations,
obligations, perfonnance or otherwise exclusively by the laws of the Commonwealth
of Virginia, and all questions arising with respect thereto shall be determined in
accordance with such laws. Regardless of where actually delivered and accepted,
this Lease shall be deemed to have been delivered and accepted by the parties in
the Commonwealth of Virginia.
11. COMPLIANCE WITH ALL LAWS. Lessee shall comply with all laws,
rules and regulations of LESSOR and all other governmental authorities respecting
the use, operation and activities on the Property, including all applicable
environmental laws, and shall not make or be a party to any unlawful, improper or
offensive use of such premises or nuisance thereon.
City hereby represents to the Lessee, that to the best of the City's
knowledge, without the requirement for independent investigation, no hazardous
material such as petroleum products, asbestos and any other hazardous or toxic
substance has been used, disposed of, or is located on the leased Property or the
soil or groundwater on or under the leased Property. Any costs associated with
violations of the law including, but not limited to, remediations, clean up costs, fines,
administrative or civil penalties or charges, and third party claims imposed on the
City by any regulatory agency or by any third party as a result of the noncompliance
with federal, state or local environmental laws and regulations or nuisance statutes
by the Lessee or by its employees, contractors, consultants, subconsultants, or any
other persons, corporations or legal entities retained by it for the leased Property,
shall be paid by the Lessee.
It is expressly understood and agreed that Lessee, in no way,
represents or acts on behalf of LESSOR or any department thereof.
5
12. VENUE. Any and all suits for any claims or for any and every breach
or dispute arising out of this Lease shall be maintained in the appropriate court of
competent jurisdiction in the City of Virginia Beach.
13. INVALIDITY. If any section, paragraph, subparagraph, sentence,
clause or phrase of this Lease shall be declared or judged invalid or
unconstitutional, such adjudication shall not affect the other sections, paragraphs,
sentences, clauses or phrases.
14. NOTICES. Any notice which may be or is required to be given
pursuant to the provisions of this Lease shall be delivered or sent by certified mail,
prepaid, retum receipt requested, and addressed as follows:
If to Lessee, to:
DOLPHIN RUN CONDOMINIUM
ASSOCIATION, INC.
303 ATLANTIC AVENUE
VIRGINIA BEACH, VA 23451
If to LESSOR, to:
FACILITIES MANAGEMENT OFFICE
2424 COURTHOUSE, ROOM 228
MUNICIPAL COMPLEX, BUILDING 18
VIRGINIA BEACH, VA 23456
15. ENTIRE AGREEMENT. This Lease contains the entire agreement
between the parties hereto and may not be modified orally or in any manner other
than an agreement in writing, signed by all the parties hereto and their respective
successors in interest. This Lease shall inure to the benefit of and be binding upon
the respective heirs, legal representatives, successors, and permitted assigns of the
parties hereto.
6
16. SURVIVAL. The representations, warranties, and agreements
of the parties contained in this Lease and in all other documents delivered in
connection with this Lease shall survive the expiration or sooner termination of this
Lease.
17. HOLDOVER. If Lessee fails to surrender the Property on the date
that the Term of this Lease expires or terminates, Lessee's continued occupancy
shall be deemed to be a tenancy-at-will (and not a tenancy from month-to-month
or from year-to-year) cancelable by LESSOR upon 48 hours prior oral or written
notice, and such tenancy shall be subject to all of the provisions of this Lease,
except that Rent during the holdover tenancy shall be equal to twice the Rent in
effect immediately prior to the end of the Term.
IN WITNESS WHEREOF I the parties hereto have each caused this Lease to
be executed by their proper representatives as of the day and year first above
written, pursuant to due authority.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
Ruth Hodges Fraser
City Clerk
7
Lessee:
DOLPHIN RUN CONDOMINIUM
ASSOCATION, INC., a Virginia non-stock
corporation
By:
Name:
Title:
Facilities Management Office
Department of Management Services
APPROVED AS TO
r~GAL S!i17
Law~em
APPROVED AS TO CONTENT:
APPROVED AS TO CONTENT:
Risk Management
8
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this _ day
of ,2007, by , City Manager/Authorized Designee of
the City Manager of the City of Virginia Beach, on its behalf. He/She is personally
known to me.
Notary Public
My commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this _ day
of , 2007, by Ruth Hodges Fraser, City Clerk of the City of Virginia
Beach, on its behalf. She is personally known to me.
Notary Public
My commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this _ day
of , 2007, by , , Lessee,
on its behalf. He/She is personally known to me.
Notary Public
My commission expires:
9
EXHIBIT" A"
TO BE LEASED TO THE DOLPHIN RUN CONDIMINIUM
ASSOCIATION BY THE CITY OF VIRGINIA BEACH
_ Interstate
_ Primary Roads
_ Streets
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. water Bodies
0.09 Acres at 3rd Street
and Atlantic Avenue
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ENCROAC ENT
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ENCROACHMENT REQUEST
FOR
RUDEE INLET CONDOMINIUM ASSOCIATION
INTO A PORTION OF RUDEE INLET
GPIN 2427-02-5288 (PART OF 2427-01-8282) 2427-02-6368
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City Property
known as Lake Rudee by the Rudee Inlet Owners' Association, Inc., a Virginia non-stock
corporation (AKA Rudee Inlet Condominium, a condominium).
MEETING DATE: March 27,2007
. Background:
The Rudee inlet Owners' Association, Inc., a Virginia non-stock corporation (aka Rudee
Inlet Condominium, a condominium) (the "Condominium") has requested permission to
reconstruct and maintain boatlifts, piers, a bulkhead, mooring piles, and a walkway into a
portion of City property known as Lake Rudee, located at the rear of 600-622 Terrace
Avenue, Virginia Beach, Virginia.
Sometime in 1980 the existing encroachments were placed into Lake Rudee, but an
encroachment agreement was never issued by the City of Virginia Beach for the
encroachments. The existing encroachments are starting to deteriorate, which is why
the Condominium is requesting to reconstruct those encroachments. In addition to the
existing encroachments, the 12 boatlifts and the 8 cat-walk portions of the finger piers
are new structures. These new structures do not encroach any farther channelward
than the existing mooring piles.
. Considerations:
City Staff has reviewed the request for the proposed encroachments into Lake Rudee
and has recommended approval.
Staff can support a decision to grandfather the existing encroachments even though the
proposed encroachments do not meet the Public Works Specification and Standards,
Section 12.11 Waterfront Construction of Piers and Docks - which specify that a twenty-
five foot (25') channel set back is required. These encroachments maintain only a 10
foot (10') set back. Research of similar encroachments in Lake Rudee recently
approved by City Council indicate that applicants were required to maintain the twenty-
five foot (25') set back.
. Public Information: Advertisement of City Council Agenda
. Alternatives: Approve the encroachments as presented, deny the encroachments, or
add conditions as desired by Council.
. Recommendations: Approve the request subject to the terms and conditions of the
Agreement.
. Attachments: Ordinance, Agreement, Plat and Pictures.
Recommended Action: Approval of the ordinance.
Submitting Department/Agency: Public WorkslReal Estate ~~ ~~
CityManager:~)L .~6'r"'t
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 A PORTION OF CITY PROPERTY
6 KNOWN AS LAKE RUDEE BY THE
7 RUDEE INLET OWNERS'
8 ASSOCIATION, INC., A VIRGINIA
9 NON-STOCK CORPORATION (AKA
10 RUDEE INLET CONDOMINIUM, A
11 CONDOMINIUM)
12
13 WHEREAS, RUDEE INLET OWNERS' ASSOCIATION, INC., a Virginia
14 non-stock corporation (AKA RUDEE INLET CONDOMINIUM, a
15 condominium) desires to reconstruct and maintain boatlifts,
16 piers, a bulkhead, mooring piles, and a walkway into a portion
17 of City property known as Lake Rudee located at the rear of 600-
18 622 Terrace Avenue, Virginia Beach, Virginia.
19 WHEREAS, City Council is authorized pursuant to SS 15.2-
20 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
21 authorize temporary encroachments upon the City's property
22 subject to such terms and conditions as Council may prescribe.
23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25 That pursuant to the authority and to the extent thereof
26 contained in ss 15.2-2009 and 15.2-2107, Code of Virginia, 1950,
27 as amended, Rudee Inlet Owners' Association, Inc., a Virginia
28 non-stock corporation (AKA Rudee Inlet Condominium, a
29 condominium), its assigns and successors in title, are
30 authorized to reconstruct and maintain temporary encroachments
31 for boatlifts, piers, a bulkhead, mooring piles, and a walkway
32 in the City's property as shown on the map marked Exhibit "A"
33 and entitled: "ENCROACHMENTS FOR RUDEE INLET OWNERS
34 ASSOCIATION, INC. MB. 148 P. 11 VIRGINIA BEACH, VIRGINIA SCALE
35 I" 40' 25 JANUARY 2007 MADE FOR: RUDEE INLET CONDOMINIUM
36 ASSOCIATION" a copy of which is on file in the Department of
37 Public Works and to which reference is made for a more
38 particular description; and
39 BE IT FURTHER ORDAINED, that the temporary encroachments
40 are expressly subj ect to those terms , conditions and criteria
41 contained in the Agreement between the City of Virginia Beach
42 and RUDEE INLET OWNERS' ASSOCIATION, INC., a Virginia non-stock
43 corporation (AKA RUDEE INLET CONDOMINIUM, a condominium) (the
44 "Agreement"), which is attached hereto and incorporated by
45 reference; and
46 BE IT FURTHER ORDAINED, that the City Manager or his
47 authorized designee is hereby authorized to execute the
48 Agreement; and
49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in
50 effect until such time as RUDEE INLET OWNERS' ASSOCIATION, INC.,
51 a Virginia non-stock corporation (AKA RUDEE INLET CONDOMINIUM, a
52 condominium) and the City Manager or his authorized designee
53 execute the Agreement.
54 Adopted by the Council of the City of Virginia Beach,
55 Virginia, on the day of 2007.
CA-I0177
X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA 10177 Rudee Inlet Owners' Association, Inc.doc
V:\applications\citylawprod\cycom32\Wpdocs\D006\POOl\OO027787.DOC
R-l
PREPARED: 2/19/07
APPROVED AS TO CONTENTS
r\')
ESTATE
APPROVED AS TO LEGAL
If. U~FICIENCY AN. D rfORM
{ vkRiJU ~
CITY ATTORNEY
PREPARED BY AND RETURN TO
VIRGINIA BEACH CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.I-81I(e) (4)
THIS AGREEMENT, made this ! q day of '-:j.cj)jLi.lftll'1 ' 2007, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", RUDEE INLET OWNERS' ASSOCIATION,
INC., a Virginia non-stock corporation (AKA RUDEE INLET CONDOMINIUM, a
condominium) and ITS ASSIGNS AND SUCCES SORS IN TITLE, "Grantee", even though
more than one, whose address is 604 Terrace Avenue, Virginia Beach, Virginia 23451.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of those certain units or parcels of
land designated and described as "UNIT I", "UNIT 2", "UNIT 3", "UNIT 4", "UNIT 5",
"UNIT 6", "UNIT 7", "UNIT 8", "UNIT 9", "UNIT 10", "UNIT II", "UNIT 12" as shown on
that certain plat entitled: "CONDOMINIUM PLAT OF RUDEE INLET CONDOMINIUM
BEING LOTS 12, 13, 14, AND 15 BLOCK 31 SHADOW LAWN HEIGHTS M. B. 7 P.14
VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VA. SCALE 1" = 10' 21 MAY 1981"
and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia in Map Book 148, at page 10, and being further designated, known, and described as
600, 602, 604, 606, 608, 610, 612, 614, 616, 618, 620 and 622 Terrace Avenue, Virginia Beach,
Virginia 23451;
GPINS: 2427-02-5288 and 2427-01-8282 City Property known as Lake Rudee;
2427 -02-6368-6030, 2427-02-6368-6040, 2427 -02-6368-6050, 2427 -02-6368-6060,
2427 -02-6368-6070, 2427-02-6368-6080, 2427 -02-6368-6090, 2427 -02-6368-6100,
2427-02-6368-6110,2427-02-6368-6120, 2427-02-6368-6130, 2427-02-6368-6140 and
2427-02-6368
WHEREAS, it is proposed by the Grantee to reconstruct and maintain boatlifts,
piers, a bulkhead, mooring piles, and a walkway collectively, the "Temporary Encroachment", in
the City of Virginia Beach;
WHEREAS, in reconstructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of existing City property known as Lake
Rudee, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the
Grantee permission to use the Encroachment Area for the purpose of reconstructing and
maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
reconstructed and maintained in accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City's specifications and approval and is
more particularly described as follows, to wit:
Temporary Encroachment into the Encroachment Area as shown
on that certain plat entitled: "EXHIBIT "A"
ENCROACHMENTS FOR RUDEE INLET OWNERS
ASSOCIATION, INC. MB. 148 P. 11 VIRGINIA BEACH,
VIRGINIA SCALE 1" = 40' 25 JANUARY 2007 MADE FOR:
RUDEE INLET CONDOMINIUM ASSOCIATION," a copy of
which is attached and to which reference is made for a more
particular description.
2
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment
from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall
bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and 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 construction, location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain 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
3
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 of
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of the
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection oflocal or state taxes.
IN WITNESS WHEREOF, the said Rudee Inlet Owners' Association, Inc., a
Virginia non-stock corporation (aka Rudee Inlet Condominium, a condominium), has caused this
Agreement to be executed in its corporate name and on its behalf by its president with due
authority to bind the corporation and the Condominium. Further, that the City of Virginia Beach
4
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
RUDEE INLET OWNERS' ASSOCIATION, INC.,
a Virginia non-stock corporation (AKA Rudee Inlet
Condominium, a condominium)
~~,
Leo Thomas, Jr., Pr ident
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 2007, by
DESIGNEE OF THE CITY MANAGER.
, CITY MANAGER/AUTHORIZED
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 200_, by RUTH HODGES FRASER, City Clerk for the CITY OF
VIRGINIA BEACH.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY/COill4TY Or\J~Y'~~(Lt'L to-wit:
The foregoing instrument was acknowledged before me this \ q day of
6
_~""'~l.r"""'D ' 2007, by Leo Thomas, Jr., President on behalf of Rudee Inlet Owners'
Association, Inc., a Virginia non-stock corporation (aka Rudee Inlet Condominium, a
condominium).
Notarv Pu lic
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AREA OF ENCROACHMENT
EXHIBIT "A"
ENCROACHMENTS
For RUDEE. INLET OWNERS ASSOCIA TlON, INC.
MS. 148 P. 11
VIRGINIA BE.ACH, VIRGINIA
Scale 1" = 40' 25 January 2007
Made for: Rudee Inlet Condominium Association
Parcel A
Va. Beach Marlin Club
2427 -02-9253
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Bonitant Land Surveys
P.O. Box 6385
Virginia Beach, VA 23456
(757) 426-3361
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM:
An Ordinance Approving and Adopting a Revised Policy Pertaining to
Time Limits for Speakers at City Council Meetings
MEETING DATE: March 27,2007
. Background:
On March 11, 2003, City Council adopted a policy entitled, "Time Limits for
Speakers at City Council Meetings." The policy permitted public comment only
on items included in Council's agenda. On September 14, 2004, City Council
amended the policy to allow public comment on items that are not on Council's
agenda. Public comment on non-agenda items is allowed at the end of the first
formal session of each month. Speakers are allowed three minutes each. The
attached revision to the policy would allow speakers five minutes to speak on
non-agenda items.
. Considerations:
When the revised policy was adopted in 2004, it contained a "sunset clause"
whereby the provisions allowing public comment on non-agenda items would
expire in March 2005. City Council chose to allow comment on non-agenda
items to continue after that date, so the attached amended policy deletes the
obsolete sunset language.
. Public Information:
This item will be advertised in the same manner as other agenda items.
. Attachments:
Ordinance
Revised Policy
Recommended Action: Approval
Requested by City Council
City Manager:
1
2
3
4
5
6
AN ORDINANCE
ADOPTING A
PERTAINING TO
SPEAKERS AT CITY
APPROVING AND
REVISED POLICY
TIME LIMITS FOR
COUNCIL MEETINGS
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 1. That the City Council hereby approves and adopts the
11 revised policy entitled "Time Limits for Speakers at City
12 Council Meetings," dated March 27, 2007, which policy has been
13 exhibited to the City Council and a true copy of which is on
14 file in the City Clerk's Office.
15
16 Adopted by the City Council of Virginia Beach, Virginia on
17 this day of March, 2007.
APPROVED AS TO LEGAL SUFFICIENCY:
;??~ r
City Attorney's Office
CA-I0339
V;\applications\citylawprod\cycom32\Wpdocs\D013\P002\OO029764.DOC
R3
March 20, 2007
Ocy Council Policy
Title: Time Limits for Speakers at City Council Meetings Index Number:
Date of Adoption: March 11, 2003 Dates of Revisions: September 14, 2004 Page I of 2
March 27, 2007
1.0 Purpose and Need
The purpose of this policy is to provide reasonable, workable time limits for speakers at City Council meetings. The need
for such a policy was determined by the City Council at its retreat on February 18, 2003. The policy is intended to
recognize and accommodate the mutual interests of persons desiring to speak at City Council meetings, the value to the
City Council of public comment, and the need for the City Council to conduct business in an orderly, expeditious manner.
This policy shall not apply to the discussion of agenda items by members of the City Council during City Council
meetings or to City Staff members acting in such capacity.
2.0 Time Limits
2.1 Planning Agenda Items
(a) Planning Agenda items include rezonings, conditional zonings, conditional use permits, land use plan approvals,
code and Comprehensive Plan amendments, nonconforming use resolutions, street closures and any other items for
which a public hearing is required pursuant to Chapter 22 of Title 15 of the Virginia Code.
(b) The applicant, or representative of the applicant (generally, an attorney. professional engineer or other professional
retained by the applicant) shall be allowed ten minutes for his or her initial presentation and an additional three minutes
for rebuttal if any opponents of the application have spoken.
(1) If there is more than one applicant (as, for example, when both the property owner and proposed developer
are applicants) or if the applicant and representative both desire to speak, only one of them shall be allowed to
speak for ten minutes. Upon request, however, the presiding officer may allow them to divide their time equally,
so long as the total time of their initial presentation does not exceed ten minutes.
(2) Speakers addressing the City Council in a representative capacity shall not be allowed additional time in
which to speak on his or her own behalf.
(c) All other persons speaking in support of the application shall be allowed three minutes, and shall not be entitled to
speak in rebuttal of any opposition comments.
(d) Opponents of an application shall be allowed three minutes each. In the event the opponents are represented by an
attorney, engineer or other professional whose profession includes, as a customary part thereof, appearing before
governmental bodies in a representative capacity, such representative shall be allowed ten minutes. In such cases,
persons represented shall be encouraged not to provide additional comments.
Title: Time Limits for Speakers at City Council Meetings Index Number:
Date of Adoption: March ll, 2003 Dates of Revisions: September 14, 2004 Page 2 of 2
March 27, 2007
(1) Only one speaker in opposition to the application shall be allowed ten minutes to speak. If there is more than
one representative described in subsection (d), only one of them shall be allowed to speak for ten minutes.
Upon request, however, the presiding officer may allow them to divide their time equally, so long as the total
time of their presentation does not exceed ten minutes.
(e) Opponents of an application shall not be entitled to address the City Council in rebuttal of any statements or other
material provided to the City Council during the applicant's rebuttal.
2.2. Regular Agenda Items
(a) Regular agenda items include all other agenda items at which public comment is allowed.
(b) Each speaker, whether or not in a representative capacity, shall be allowed three minutes.
2.3 Comment on Non-Agenda Items
(a) Time shall be allotted after the conclusion of the first formal session of each month for non-televised public
comments on non-agenda items.
(b) Each speaker, whether or not in a representative capacity, shall be allowed three (~) five (5) minutes.
(c) At each meeting, up to ten (10) speakers may register to speak on non-agenda items. If more than ten speakers
request an opportunity to speak, only the first ten to register with the City Clerk shall be allowed to speak.
(d) The pr.o'lisions of this subsection shall expire after the conclusioR of the ~rst formal session in Mar:ch 2005.
3.0 Timekeeping; Written Material
(a) The City Clerk shall keep time for each speaker in accordance with the provisions of Section 2, and shall verbally
notify the speaker and presiding officer at the expiration of the time allowed for each speaker.
(b) Written comments or other material may be tendered to the City Clerk by any person desiring to do so.
4.0 Modification of Time Limits
(a) The presiding officer, with the consent of the City Council, may extend or reduce any of the time limits set forth in
Section 2.
(b) The time limits for speakers set forth in Section 2 shall be exclusive of the time taken in responding to questions of
members of the City Council.
5.0 Registration of Speakers
Any person desiring to address the Council shall register with the City Clerk prior to the opening of the meeting. The
inadvertent failure to do so shall not, however, disqualify any person from speaking.
6.0 Public Notice of Policy
In accordance with City Code Section 2-41, this policy shall be included on the City's internet web site, posted outside of
the City Council Chambers, and published in the City Council agenda for each regular meeting.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate $90,000 from the Fund Balance of the General Fund to
Provide an Interest-Free Loan to the Oceana Volunteer Fire Department for the
Purchase of a New Salvage Truck
MEETING DATE:
March 27, 2007
. Background: For many years the City of Virginia Beach has financially assisted the
volunteer fire and rescue squads. In addition to providing support for continuing expenses such
as fuel and insurance and small monthly stipends to offset operating expenses, the City has
provided interest-free loans for the purchase of emergency vehicles staffed by the members of
the volunteer organizations. Under the interest-free loan program, the volunteer fire
departments and rescue squads repay the loans on a regular timetable.
Oceana Volunteer Fire Department is the last remaining active volunteer fire organization and is
responsible for staffing the salvage and support vehicle ("Salvage 8") that responds to all
working fires and other major events. The crews on Salvage 8 provide breathing air to
firefighting crews, lights, property conservation equipment and other support efforts. The
vehicle is staffed solely with volunteer support technicians specially trained to provide this
valuable service to the department and the community.
. Considerations: The Oceana Volunteer Fire Department is requesting an interest-free
loan in the amount of $90,000.00 toward the purchase of a replacement salvage and support
truck. The current vehicle, originally purchased solely with donations, is built on a 1992 chassis
that has exceeded acceptable service life for an emergency response vehicle. The safety of the
volunteer responders as well as significant increases in maintenance costs are the driving
forces behind this loan request to replace the vehicle. Oceana Volunteer Fire Department will
be covering $120,000 of the total $210,000 replacement cost out of their treasury and
anticipated proceeds from the sale of their current vehicle. The loan is scheduled to be repaid
over a ten-year period as set forth in the attached Promissory Note. A separate Memorandum
of Understanding has been created to define remaining terms of the financial agreement as well
as operational parameters dealing with maintenance, equipment and response.
. Public Information: Public information will be handled through the normal Council
agenda process.
. Recommendations: The Fire Department recommends approval of this request.
. Attachments: Ordinance, Promissory Note and Memorandum of Understanding
Recommended Action: Approval
Submitting Department/Agency: Fire Department
CityManag~ t-, ~~
1 AN ORDINANCE TO APPROPRIATE $90,000 FROM THE
2 FUND BALANCE OF THE GENERAL FUND TO PROVIDE AN
3 INTEREST- FREE LOAN TO THE OCEANA VOLUNTEER
4 FIRE DEPARTMENT FOR THE PURCHASE OF A NEW
5 SALVAGE TRUCK
6 WHEREAS, the Oceana Volunteer Fire Department does not
7 presently have adequate funds to purchase a new salvage truck but
8 has represented that fund-raising efforts will provide sufficient
9 funds to repay an interest-free loan in the amount of $90,000.
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 1. That $90,000 is hereby appropriated from the fund balance
15 of the General Fund for an interest-free loan to the Oceana
16 Volunteer Fire Department for the purchase of a salvage truck.
17
18 2. That this loan is to be repaid by the Oceana Volunteer Fire
19 Department over ten (10) years, according to the terms of the
20 attached promissory note.
21
22 3. That the City Manager is hereby authorized to enter into a
23 Memorandum of Understanding with Oceana Fire Department, in a form
24 acceptable to the City Attorney, setting forth the obligations and
25 duties of the parties.
26
27 Requires an affirmative vote by a majori ty of the members of the
28 City Council.
29
30
Adopted by the
Virginia, on the
Council
day of
of
the
City of Virginia Beach,
, 2007.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~~'~ffice
CAI0226
V:\applications\citylawprod\cycom32\WpdocS\D028\P001\OO029004.DOC
R-2
March I, 2007
Memorandum of Understanding Between The City of Virginia Beach
and The Oceana Volunteer Fire Department.
THIS AGREEMENT, made and entered into this 28th day of February 2007, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA (CITY) and the Oceana
Volunteer Fire Department in accordance with the provisions of Code of Virginia 99
27-15.2 and 27-23.6.
WHEREAS each of the parties hereto maintains equipment and personnel for
emergency fire and medical services within the City of Virginia Beach; and
WHEREAS, the Oceana Volunteer Fire Department desires to provide the
CITY with qualified and certified volunteer personnel to augment existing emergency
fire and medical services, and
WHEREAS, the CITY hereto desires to support the volunteer fire and emergency
medical services availability in Virginia Beach by the Oceana Volunteer Fire
Department; and
WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial
for the parties to enter into this agreement to render support and services to one another in
accordance with these terms.
WITNESSETH
For and in consideration of the mutual promises and covenants set forth herein,
and for other valuable consideration related to the acquisition of a salvage and support
response vehicle, the parties enter into the following agreement as defmed below:
PURPOSE
A. To outline the responsibilities that the CITY may assume on behalf of
the Oceana Volunteer Fire Department.
B. To outline the responsibilities that the Oceana Volunteer Fire
Department may assume on behalf of the CITY.
C. To outline the mutual obligations of each party should Oceana
Volunteer Fire Department disband or otherwise cease to exist.
1
RESPONSIBILITIES OF THE CITY
A. Provide a no interest loan to the Oceana Volunteer Fire
Department for the purchase of the salvage and support response
vehicle.
B. Provide all maintenance and inspection services, including payment of
the annual maintenance fee, in support of the salvage and support
response vehicle through the Division of Automotive Services as long
as the vehicle remains a City insured vehicle in the fleet. The city shall
maintain all maintenance records and allow Oceana Volunteer Fire
Department officers access to those records upon request. The
Virginia Beach Fire Department shall be responsible for all breathing
air systems maintenance and required air quality testing.
C. Provide standardized equipment required for operations within the
City including but not limited to mobile communications devices,
pagers, and map books.
D. Provide or pay for insurance covering emergency service and support
vehicles owned by the Oceana Volunteer Fire Department.
E. Provide fuel for the salvage and support response vehicle.
RESPONSIBILITIES OF THE OCEANA VOLUNTEER FIRE DEPARTMENT
A. The Oceana Volunteer Fire Department shall allow only
qualified and certified personnel to utilize volunteer-owned or City-
owned equipment and facilities as necessary for the day-to-day
operation of fire and emergency medical services within the City.
B. Oceana Volunteer Fire Department shall repay the loan for the
salvage and support response vehicle according to the Promissory
Note. Oceana Volunteer Fire Department shall have the ability
to request reasonable relief on the due date/amount should extenuating
circumstances occur. This request for extension shall be made to the
Fire Chiefno less than 30 days prior to the payment due date.
C. Items purchased with CITY loans will revert to the CITY in the event
the Oceana Volunteer Fire Department defaults on the loan. The
CITY may provide a rebate to the Oceana Volunteer Fire
Department based on the net difference between the fair market
2
value of the reverted item and the unpaid portion of the loan. An
independent, mutually agreed upon third party may determine the fair
market value of the item.
D. If the salvage and support response vehicle is ever sold, after satisfying
all conditions of the loan, the city-owned equipment shall be removed
and returned to the City prior to the sale of the vehicle unless prior
arrangements have been made to reimburse the City for the fair market
value of specified city owned equipment.
G. All operation and maintenance of volunteer-owned and City-owned
vehicles and equipment shall be in accordance with Virginia Beach
Fire Department Standard Operating Procedures as well as City of
Virginia Beach Policies and Procedures.
REVIEW AND TERMINATION OF AGREEMENT
A. This MOD may be reviewed at any time upon the direction of the City
Manager. Each party must agree to any subsequent modification in
writing.
B. Oceana Volunteer Fire Department shall give the CITY a
minimum of 30 days notice before executing any corporate
dissolution, or permanently withdrawing services from the CITY.
C. In the event of a corporate dissolution or withdrawal of service to the
CITY, the Oceana Volunteer Fire Department shall identify any
and all buildings, equipment and supplies owned by the Oceana
Volunteer Fire Department. allowing the CITY to make
alternative arrangements to fill any service voids.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day
and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
By:
James K. Spore, City Manager
3
ATTEST:
City Clerk
:~. FlRED ARTMENT.mC.
Title: Yf~j . eo," .'
By: tU?/~J!/a,,:~
Title: / dill!!';::
APPROVED AS TO CONTENT:
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Virginia Beach Risk Management
APPROVED AS TO LEGAL SUFFICIENCY:
~l
Virginia Beach City At rney's Office
4
PROMISSORY NOTE
$90.000
Virginia Beach, Virginia
March 13, 2007
FOR VALUE RECEIVED, Oceana Volunteer Fire Department. Incorporated. ("Maker"),
promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at
Municipal Center, Virginia Beach, V A, or such other place as Noteholder may designate in
writing, the principal sum of ninety-thousand dollars ($90,000) with no interest thereon.
From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of
ZERO Percent (0%) per annum.
Payment on principal shall be as follows:
On or before 12/31/07 - $ 9,000
On or before 12/31/08 - $ 9,000
On or before 12/31/09 - $ 9,000
On or before 12/31/10 - $ 9,000
On or before 12/31/11 - $ 9,000
On or before 12/31/12 - $ 9,000
On or before 12/31/13 - $ 9,000
On or before 12/31/14 - $ 9,000
On or before 12/31/15 - $ 9,000
On or before 12131/16 - $ 9,000
This note may be prepaid in whole or in part without penalty. Any such prepayments
shall be applied to principal.
If the Noteholder has not received the full amount of the annual payment by the end of 15
calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The
amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late
charge promptly but only once on each late payment.
If Maker does not pay the full amount of each annual payment on the date it is due,
Maker will be in default, and the entire principal amount hereof, together with all accrued
interest and late charges, shall become immediately due and payable at the option of the
Noteholder. Failure to exercise this option upon any default shall not constitute or be construed
as a waiver of the right to exercise such option subsequently.
Presentment, demand, protest, notices of dishonor and of protest, and all defenses and
pleas on the ground of any extension or extensions of the time for payment or of the due dates of
this note, the release of any parties who are or may become liable heron, in whole or in part,
before or after maturity, with or without notice, are waived by the Maker and are jointly and
severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed
by each of the foregoing parties that they will pay all expenses incurred in collection this
obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid
when due.
WITNESS the following signature(s).
OCEANA VOLUNTEER FIRE DEPARTMENT, INC.
(SEAL)
/' tll-'1Jtf! E}d;:t:d#fJv.Y2 (SEAL)
By: W e F. Richardson, Fire Chief
Oceana Volunteer Fire Dept., Inc.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM: An Ordinance to Accept and Appropriate a $3,000 Donation From the GEICO
Philanthropic Foundation to the Police Department's Operating Budget Beginning
in FY 2006-07, and Accept a $3,000 Donation Each Year Thereafter For Two
Years to Assist in Funding the "Every 15 Minutes" Program
MEETING DATE: March 27,2007
. Background: The GEICO Philanthropic Foundation (the "Foundation") is a division
of GEICO General Insurance Company. The Foundation, which is one of the area's largest
corporate citizens, provides funds to support traffic-safety issues and community~based
programs. The Foundation wishes to donate $3,000 per year to the Police Department
over a three-year period to assist in funding the "Every 15 Minutes" program.
The Virginia Beach Police Department's Crime Prevention Unit, in coordination with the
City of Virginia Beach Public Schools, conducts an anti-drinking and driving awareness
program called "Every 15 Minutes." This program is designed as a two-day program that
educates high school students by identifying problems associated with their driving,
socializing, and alcohol-related activities. The name of the program was derived from the
fact that every fifteen minutes in the United States at least one person is killed as a result
of an alcohol-related incident.
. Considerations: This donation provides a significant benefit to the City, in that it
will aid in the continuation and enhancement of the "Every 15 Minutes" Program."
. Public Infonnation: Public information will be provided through the normal
Council agenda process.
. Recommendations: Adopt an ordinance to accept and appropriate a $3,000
donation from the GEICO Philanthropic Foundation to the Police Department's FY 2006-
07 Operating Budget and accept a $3,000 donation each year thereafter for two years.
. Attachments: Ordinance and Award Letter
Recommended Action: Approval
Submitting Department/Agency: Police Department
City Manage,O l Oe~
1
2
3
4
5
6
7
AN ORDINANCE TO ACCEPT AND APPROPRIATE A
$3,000 DONATION FROM THE GEICO PHILANTHROPIC
FOUNDATION TO THE POLICE DEPARTMENT'S
OPERATING BUDGET BEGINNING IN FY 2006-07, AND
ACCEPT A $3,000 DONATION EACH YEAR THEREAFTER
FOR TWO YEARS TO ASSIST IN FUNDING THE "EVERY
15 MINUTES" PROGRAM
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
WHEREAS, The Virginia Beach Police Department's Crime
Prevention Unit in coordination with the City of Virginia Beach
Public Schools conducts an anti-drinking and driving awareness
program called "Every 15 Minutes."
NOW, THEREFORE, BE IT ORDINANED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $3,000 per year is hereby accepted and appropriated from
GEICO Philanthropic Foundation to the Police Department's FY 2006-
07 Operating Budget and accepted each year thereafter, for two
years for the Police Department's "Every 15 Minute Program," with
donations revenue increased accordingly.
Adopted by the
Virginia, on the
Council
day of
of
the City of Virginia Beach,
, 2007.
Requires an affirmative vote by a majority of the members of
the City Council.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
, fl11fYU ~/k"
City Attorne 's Offlce
CAI0206
V:\applications\citylawprod\cycorn32\Wpdocs\D022\P001\OO028726.DOC
R-3
February 23, 2007
O. PLANNING
1. Applications of SALT MEADOW BAY, L.L.C., re a multifamily structure with eight
(8) units at Oakland A venue and Barberton Drive:
DISTRICT 6 - BEACH
a. Discontinuance, closure and abandonment of an unimproved portion of Oakland
A venue to incorporate the land into the adjoining parcels
b. Change of Zoning District Classification from R-7.5 Residential District to
Conditional A-12 Apartment District
RECOMMENDATION
APPROVAL
2. Variances re the creation of a lot for a single-family home at 1428 Campbells Landing Road:
DISTRICT 7 - PRINCESS ANNE
a. ~5(b) of the Site Plan Ordinance that requires all newly created lots meet the
requirements of the Floodplain Regulations for THEODORE E. THIEMAN
b. ~4.4(d) of the Subdivision Ordinance that requires all newly created lots meet the
requirements of the City Zoning Ordinance (CZO) for JESSICA XENAKIS and
JEREMY DAUGHTRY
STAPF RECOMMENDATION
PLANNING COMMISSION RECOMMENDATION
DENIAL
APPROVAL
3. Applications re gasoline sales with a convenience store at Nimmo Parkway and Princess
Anne Road:
DISTRICT 7 - PRINCESS ANNE
a. ARMADAlHOFFLER COMMERCE ASSOCIATES, L.P. for a Modification
of Proffers to reconfigure the parcels for a Conditional Change of Zoning
(approved on June 8,2004)
b. W A W A, INC. for a Conditional Use Permit for gasoline sales with a convenience
store
RECOMMENDATION
APPROV AL with the Elimination
of certain text in Proffer 3
4. Application ofDA VID PARKER for a Conditional Use Permit re a bulk storage yard at
1228 Jensen Drive.
DISTRICT 6 - BEACH
RECOMMENDATION
APPRO V AL
5. Applications of VALUE PLACE REAL ESTATE SERVICES, LLC, at 1357
Diamond Springs Road
DISTRICT 4 - BA YSIDE
a. Modification of Proffers to allow a change of use from an office/warehouse facility
to development of a hotel (Conditional Change of Zoning approved on February 28,
2006)
b. Conditional Use Permit: 12 I-unit limited service hotel
DEFERRED
RECOMMENDA nON
March 13,2007
APPROVAL
NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Cen
ter, 2401 Courthouse Drive, Tuesday, March 27, 2007, at 6:00 p.m.
The following applications will be heard:
DISTRICT 6 - BEACH
David Parker Application: Conditional Use Permit for a bulk storage yard al
1228 Jensen Drive lGPIN 24173267690002).
Salt Meadow Bay. L.L.C. Application: Discontinuance, closure and abandon-
ment of a portion of Oakland Avenue.
Salt Meadow Bay, L.L.C. Application: Change of Zon;n!:! District Classifica-
tion from R-7.5 Residential to Conditional A-12 Apartment at Barberton Drive
.3nd Oakland Avenue ,GPIN 2417798677). The Comprehensive Plan desig-
nates this area as the Resort Area, suitable for a variety of residential. lodging,
,~ommercial, and tourist-onented uses. The purpose of this zoning change is to
develop the site with dwelling units.
DISTRICT 7 . PRINCESS ANNE
Armada/Hoffler Commerce Associates, L.P. Applicatior: Modification of
~onditions for a Change of Zoning (approved by City Council on June 8, 2004)
at Nimmo Parkway and Princess Anne Road (GPIN 1494632595 - part of).
Wawa, Inc. Application: Conditional Use Permit for gasoline sales in con.
junction with a convenience store at Nimmo Parkway and Princess Anne Road
.GPIN 1494632595 - part of).
Theodore E. Thieman Application: Variance to Section 58 of the Site Plan Ordi-
nance. Floodplain Regulations at 1428 Campbells Landing Road (GPIN
2319707733).
Appeal to Decisions of Administrative Officers in regard to certain elements of
the Subdivision Ordinance, Subdivision for Jessica Xenakis and Jeremy Jaugh-
try at 1428 Campbells Landing Road (GPIN 2319707733).
All interested citizens are Invited to attend.
/.-; / '.
"-~~<~
/
Ruth Hodges Fraser, MMC
City Clp.rk
Copies of the proposed ordinances, resolutions and amendments are on file
~nd may b.:; examined in the Department of Planning or oniine al
http://www.vbe:ov.com/pC For information call 385-4621.
'f :.0:'" are physically disabled or visually impaired and 'leec assistanct;- '3t
::lIS meeting, pl",ase ,:all the CITY CLERK'S OFFICE at 385-4303.
6':':1<:0" ~1~rrh :1 ,~ 18, 2007
16S52679
Conditional Zoning Change from Rl.5 to Conditional A-36
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: In the matter of closing, vacating and discontinuing a portion of that
certain street designated and described as "OAKLAND AVENUE (30' R1W)" as
shown on that certain plat entitled "STREET CLOSURE PLAT OF A PORTION OF
OAKLAND AVENUE VIRGINIA BEACH, VIRGINIA" DISTRICT 6 - BEACH
MEETING DATE: March 27,2007
. Background:
The applicant, Salt Meadow Bay, L.L.C., a Virginia limited liability company,
proposes to close an unimproved portion of Oakland Avenue beginning on the
east side of Barberton Drive and continuing in an easterly direction 476.29 feet
(approximately 14,200 square feet). The applicant will incorporate the closed
right-of-way into adjoining property. The property to the south is the subject of a
separate rezoning request from R-7.5 Residential to Conditional A-36 Apartment
for the development of a multifamily structure with eight (8) units.
. Considerations:
The Viewers have determined that the proposed closure will not result in a public
inconvenience; therefore, they recommend closure of the right-of-way.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve the request, with the following conditions:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City
shall be determined according to the "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closures," approved by City Council.
Copies of the policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to
incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure
approval. Said plat must include a drainage easement over the entire
property for future use as deemed necessary by the City of Virginia
Beach.
3. The applicant shall verify that no private utilities exist within the right-of-
way proposed for closure. Preliminary comments from the utility
companies indicate that there are no private utilities within the right-of-way
proposed for closure. If private utilities do exist, easements satisfactory to
SALT MEADOW SAY - Street Closure
Page 2 of 2
the utility company must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 365 days ot approval by City Council. It the
conditions noted above are not accomplished and the tinal plat is not
approved within one year of the City Council vote to close the right-ot-way
this approval shall be considered null and void.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Ordinance
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmenrj;/
CityManager:~ lL~~
SALT MEADOW
BAY
Agenda Item 13
February 14, 2007 Public Hearing
Staff Planner: Jane Planner
REQUEST:
Discontinuance. Closure and Abandonment of a
portion of Oakland Avenue beginning on the
east side of Barberton Drive and continuing in
an easterly direction a distance of 476.10 feet.
ADDRESS I DESCRIPTION: Property located on the east side of Barberton Drive at its intersection with
Oakland Avenue.
COUNCIL ELECTION DISTRICT:
6 - BEACH
SITE SIZE:
- 14,000 square feet
SUMMARY OF REQUEST
The applicant proposes to close a portion of Oakland Avenue
(approximately 14,200 square feet). The applicant will incorporate the closed right-of-way into adjoining
property. The property to the south is the subject of a separate rezoning request from R-7.5 Residential to
Conditional A-36 Apartment for the development of a multifamily structure with eight (8) units.
EXISTING LAND USE: Undeveloped vacant site.
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
West:
LAND USE AND ZONING INFORMATION
. Single-family dwelling, open space I R-7.5 Residential District,
A-36 Apartment District
. Marsh, multifamily dwellings I A-18 Apartment District
. Marsh
. South Barberton Drive, single-family dwellings I R-7.5
Residential District
NATURAL RESOURCE AND
The site is heavily wooded and located within the Chesapeake Bay
SALT MEADOW SAY
Agenda Item 13
Page 1
CULTURAL FEATURES:
watershed.
AICUZ:
The site is in an AICUZ of 70 - 75 dB Ldn surrounding NAS Oceana and
within close proximity of Accident Potential Zone 1.
Recommendation:
The Viewers have determined that
the proposed closure will not result in a public inconvenience; therefore, they recommend closure of the
right-of-way.
RECOMMENDA TION
Staff recommends approval with the conditions below.
CONDITIONS
1. The City Attorney's Office will make the final determination regarding ownership of the
underlying fee. The purchase price to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"
approved by City Council. Copies of the policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the
closed area into the adjoining parcels. The plat must be submitted and approved for
recordation prior to final street closure approval. Said plat must include a drainage easement
over the entire property for future use as deemed necessary by the City of Virginia Beach.
3. The applicant shall verify that no private utilities exist within the right-of-way proposed for
closure. Preliminary comments from the utility companies indicate that there are no private
utilities within the right-of-way proposed for closure. If private utilities do exist, easements
s.atisfactory to the utility company must be provided.
4. Closure of the right-of-way shall be contingent upon compliance with the above stated
conditions within 365 days of approval by City Council. If the conditions noted above are not
accomplished and the final plat is not approved within one year of the City Council vote to
close the right-of-way this approval shall be considered null and void.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPT ED ) concepts and strategies as they pertain to this site.
SALT MEADOW SAY
Agenda Item 13
Page 2
~ER'~\. Of SI1'E \.OC~11(
SAL 1 MEADOW aP-:
Agenda \tero 1
Page
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DRIVE (70' R4fl - , '9' 61 0 ~ JOSEPH Go ClLLfJV
4 I // \30. :"> GPIN: 2417-79-7932
~ . \ ii ~~~ I ~ (LOT 6. BLOCK 4)
~~~:ltO~ . O~ ~j,' ~ ~ \ ,~ "BEAN GAROEN" I]
O'"'~ ~ \ \.... ~,~ \ t ~ (0.8. 4007. Pc. 390/
~~ ~~ LOi t\01 \ LOi \\L01 ~' (M.8. 16. pc;. 5.1)
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c;, ,&"..... IJf1(;II i 5'> '\. (/) 01 GPIN: 2418-80-0689
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. t...~~ """~, ,/ t-) ~ 't;a "SAL T MEADOW BA y-
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GPIN: 2417-79-8677 LOT 6\ \ Wf)f)/JED (Jl i\ = 2003022700J()()85)
LOTS 1 - 10, BLOCK 5 -"\ I"'l f"\ (M.8. .105, Pc. 97)
-BEAN GARDEN- . " LOi 7 ~ lJIIIlS (F
(O.B. 4719, PG. 1488) '........-.-.- ~ ~ R.oaJZONEX
(II B 16 PG 53) - - " ,'. .- lJI/11StF
m.. . . 01 8 ' . . ~ R.0QfJ ZONE
AREA = '129,426 S. ~. - l.! ",,"I' / SHNJED-X
OR 2.971 AC. ~ . ~ 5 I.M1S f.F
OCE'AN PINES :ri - - ("A ~ ?' FLflaJ ZONE
CONOOMINllIMS 0,"-- ~ lOi 9 to. AE (liFE-7)7
(as. 2458, gf Wf)f)/JED ~ -
PC 1092 & 10942- ll) lJIIITS OF
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~ ~ S!:l ~ . ~ PAPDi S1HEE7 AIlS IS
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~ ~ iE ~ ~ ~'3'1-'" (/).8. 2J~ Pt;. pt; J2)
s:) ~ G I C;, Qo/M' 2417-89-0595
;a ~ ~ ~ PHYSICAL SURVEY
~ 'i,./ OF
,/ LOTS 1 THROUGH 10, BLOCK 5
BEAN GARDEN
(M.B. 16, PG. 53)
VIRGINIA BEACH. VIRGINIA
FOR
SAL lUEAOOW SA ~ liC
,.-.' oM! 1M1m' '~,I'IIII
FUJa} 8lIE .Q!7SlIIlIVA1Jl:W IS IIASETJ DN TIE
RQQI) ~ HAle IMPS NiID IIOES NOr
.tIRl' 7HAT 1JII$ ~ ICJ. (R ICJ. NOr
/IIF /fREE Jl!R(M ~ tR DMlAGE:
SURVEY OF AREA TO BE CLOSED
SALT MEADOW BAY
Agenda Item 13
Page 4
Conditional Zoning Change from R7.5 to Conditional A-36
1 03/11/03 CHANGE OF ZONING (R-7.5 to A- Granted
12 with PD-H2 Overlay)
STREET CLOSURE Granted
2 07/09/03 STREET CLOSURE Granted
3 01/22/02 CHANGE OF ZONING (R-7.5 to A- Granted
36)
STREET CLOSURE Granted
4 06/26/01 STREET CLOSURE Granted
ZONING HISTORY
SALT MEADOW BAY
Agenda Item 13
Page 5
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DISCLOSURE STATEMENT
APPLICANT DISCLOSURE
If the applicant is a corporation. partnership, firm. business, or other unincorporated
organization, complete the following:
1. List the applicant name followed by the names of all officers, members. trustees.
partners, etc. below: (Attach list if necessary)
Saltmeadow Bay LLC
Andrew s. Fine
Morris H. Fine
Michael J. Barrett
2. list all businesses that have a parent-subsidiary1 or affiliated business entiti
relationship with the applicant: (Attach list if necessary)
The Runnymede Corporation
Andrew S. Fine, President
Morris H. Fine, Secretary/Treasurer
Michael J. Barrett, Chief Executive Officer
o Check here if the applicant is NOT a corporation. partnership, firm, business, or
other unincorporated organization.
PROPERTY OWNER DISCLOSURE
Complete this section only if property owner is different from applicant.
If the property owner is a corporation, partnership, firm, business, or other
unincorporated organization, complete the following:
1. List the property owner name followed by the names of all officers. members,
trustees, partners. etc. below: (Attach list if necessary)
I I
2. List all businesses that have a parent-subsidiary1 or affiliated business entiti
relationship with the applicant: (Attach list if necessary)
I I
o Check here if the property owner is NOT a corporation, partnership, firm. business,
or other unincorporated organization.
1 & :2 See next page for footnotes
Street Closure Application
Page 12 of 13
Revised 9/112004
SALT MEADOW SAY
Agenda Item 13
Page 6
DISCLOSURE STATEMENT
ADDITIONAL DISCLOSURES
List all known contractors or businesses that have or will provide services with
respect to the requested property use, including but not limited to the providers of
architectural services, real estate services, financial services, accounting services,
and legal services: (Attach list if necessary)
The Runnymede Corporation, BTR Architects, MSA, P.C., virginia
Equipment and Development, VIRTEXCO
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of
the voting power of another corporation." See State and Local Government Conflict
of Interests Act, Va. Code ~ 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than
parent-subsidiary relationship, that exists when (i) one business entity has a
controlling ownership interest in the other business entity. (ii) a controlling owner in
one entity is also a controlling owner in the other entity, or (iii) there is shared
management or control between the business entities. Factors that should be
considered in determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person own or manage the
two entities; there are common or commingled funds or assets; the business entities
share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working
relationship between the entities." See State and Local Government Conflict of
Interests Act, Va. Code ~ 2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and
accurate. I understand that, upon receipt of notification (postcard) that the
application has been scheduled for public hearing, I am responsible for obtaining
and posting the required sign on the subject property at least 30 days prior to the
scheduled public hearing according to the instructions in this package.
. n;-;;
/)/\ 11](\(' , /'... . J j
I t r I. ' (./V'-'<-"v] M.J. Barrett
Applicant's Signature I Print Name
Property Owner's Signature (if different than applicant)
Print Name
Street Closure Application
Page 13 of 13
Revised 91112004
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SALT MEADOW SAY
Agenda Item 13
Page 7
Items #13 & #14
Salt Meadow Bay, L.L.c.
Discontinuance, closure and abandonment of a portion of
Oakland Avenue
Change of Zoning District Classification
East Side of Barberton Drive
District 6
Beach
February 14, 2007
REGULAR
Barry Knight: Okay. Mr. Secretary, the next item to be heard.
Joseph Strange: The next items are item #13 and #14, Salt Meadow Bay, L.L.c. An
application of Salt Meadow Bay, L.L.C. for the discontinuance, closure and abandonment
of a portion of Oakland Avenue beginning on the east side of Barberton Drive and
continuing in an easterly direction a distance of 476.10 feet, District 6, Beach. An
application of Salt Meadow Bay, L.L.C. for a Change of Zoning District Classification
from R-7.5 Residential District to Conditional A-12 Apartment District on property
located on the east side of Barberton Drive at its intersection with Oakland Avenue with
seven proffers and four conditions.
Barry Knight: Welcome Mike.
Michael Barrett: Mr. Chairman.
Barry Knight: Please state your name for the record.
Michael Barrett: Michael Barrett. I represent the Runnymeade Corporation and Salt
Meadow Bay, L.L.c. I'm a little perplexed. I actually thought we were going to be on
consent. So, I guess I might ask, if I could. I can make the full presentation, although the
staff has fully been supportive, and the Navy has listened carefully last time. We did to,
and we changed it to comply with their requirements. Is there an issue?
Barry Knight: Sir. We had you on the consent agenda, but we had a speaker sign up in
opposition; so, we are required to hear it. We don't know what that opposition is.
Possibly, my suggestion would be give us a slight overview and see what the problem is,
and we will give you a chance to come back and rebut and address the questions.
Michael Barrett: That is fine. Ms. Gillian is here, who is the other party in the street
closure. She is in support, obviously. I didn't know. She might have checked the wrong
box.
Joseph Strange: 'No.
Items #13 & #14
Salt Meadow Bay, L.L.c.
Page 2
Michael Barrett: I'm sorry. There's an opponent? I'll be happy to give the presentation.
Barry Knight: Yes.
Michael Barrett: You recall the presentation last time, and I'm not going to go into great
detail, because I think you all got the full picture. But I will emphasize, once again that
this application has been reviewed by the Chesapeake Bay Preservation Area Board, and
our entire intent here was to create a project that complied with the density that is
appropriate in the neighborhood. But to follow the rules and requirements of both the
CBP A and your planning staff, in an attempt to make this as compatible with the
environment as we could. The way we did that was to follow what's in your
Comprehensive Plan for environmentally sensitive sites like this. One of the things that
you try to do is to cluster the development at the high end of the property, and stay as far
away from the marsh as you possibly can. And, put the same number of units that you
can develop, but put them in a part of the property that is most appropriate. So, in fact,
that is what we did. The site is only about 3 acres. We basically placed the units in the
middle. We have gone up instead of spread out in order to reduce the amount of
impervious surface. And in fact, we have even put the parking, which would be required
for newly developed single-family homes, we've put it under the buildings so that its in
the same footprint. As a result of that design, we have the same number of units that we
could develop, eight single-family homes, but we've clustered them on the best part of
the site so that we reduce the environmental impact on that site. I have to tell you that the
Chesapeake Bay Preservation Area Board, I think, was very pleased with our application
in that we followed their recommendations, and those also that appear in your
Comprehensive Plan. So, in order to do hat, we had to list some proffers, and we had to
have a rezoning. The property is zoned R-7.5. In order to have a condominium on it, we
basically need. multi-family zoning, but again, the density is not at all multi-family. It is
at the same density that you would have if we just went, and we have ten lots, and built
on those lots. So, we feel that our application is in accord with the Comprehensive Plan.
It is in accord with what's in the neighborhood, which is basically a multi-family district
with also some single-family homes. We're surrounded by multi-family housing projects
at the A-36 density, the A-24 density, A-12. There are some single-family homes but
predominately in the neighborhood is multi-family. So, we've asked for a multi-family
zoning, but in our proffers, we make it clear that is not the density. We're building only
the same number of units that we could build. Let me make a clear comment upon the
Navy situation, because that is what we really talked about in the last meeting. As you
know, this is in a 70-75 dB noise zone. It is not in an Accident Potential Zone, but it is in
a noise zone. We have put proffers in that we will reduce the sound transmission and all
that is required by your ordinances, and that sort of thing. We have met all of the Navy
requirements in that regard. We will tell the perspective buyers that we are in a noise
zone. We're required to do that. The new regulation now just adopted by the City
Council, and I know you know about, basically requires that if you're in an AICUZ zone,
and we're in the 70-75, that you can't do anything that's not compatible with what the
Navy says you can do unless it is the only reasonable use. Now, I suggest to you that the
Items #13 & #14
Salt Meadow Bay, L.L.c.
Page 3
allowable uses include resource extraction like mining, industrial use services, repair
services. I know that City Council and you know that you never put one of those uses on
a one-acre parcel in the middle of a neighborhood. There are no appropriate uses that are
allowed under the Navy Table of Compatibility. Now, the new manner of understanding
is to acknowledge that there are going to be circumstances like that. This is a perfect
example. You wouldn't put a chemical petroleum plant, which is an allowable
compatible use, in the middle of a residential neighborhood. So, it allows that there be
residential use as long as it is at the same basic density, the lowest maximum
development that would be allowed in that district. That is what we have done. Staff
said you can develop eight units there, and that is exactly what we're planning to do. So,
I believe, based on my conversation with the AICUZ officer, Ray Firenze, that they are
fine with it. I don't see them here; so, I don't think it is a problem. You do have a letter
in your packet, but that was the letter that was submitted when we first applied over a
year ago, and of course, the MOU now has been signed, and so has the change. So with
that, I think that you will find that it is an environmentally compatible project. It is
certainly compatible with the neighborhood. It is complementary to what we have
developed out there already, the 229 apartment units, the condos, and single-family
homes. It's all kind ofthemed. We are going to use the same materials. The density, and
we're not asking for any increase. And, I certainly would hope that you act favorably on
it.
Barry Knight: Thank you.
Michael Barrett: Thank you.
Barry Knight: Commander Lauterbach, we would like to commend you on your
camouflage techniques over there. Mr. Strange?
Joseph Strange: Speaking in opposition, we have Anita Cosby.
Barry Knight: Welcome ma'am.
Anita Cosby: Hi.
Barry Knight: Please state your name for the record.
Anita Cosby: Anita Cosby. I manage the Holly Bend Condominiums, located directly on
the marsh. They have been there for over 20 years. I can tell you that they have lost 8 to
10 feet of property. They have a very serious flooding problem that has been brought to
the City's attention. The more land that you take away and hard surfaces that you are
building is making it worse. I think to approve anymore until this is thoroughly addressed
would be a big mistake. We have water coming into the crawl spaces of these buildings.
We have one building that literally sits three feet from the marsh now. We've had to put
riprap on our property to prevent losing more of it. Ijust think it would be very
Items #13 & #14
Salt Meadow Bay, L.L.c.
Page 4
detrimental to any of the communities on the marsh area especially Holly Bend
Condominiums. Take away any more land and put hard surfaces there.
Barry Knight: Ma'am? Could you take the pointer right there, and show us where you're
talking about? Just pull it right off. Push the button.
Anita Cosby: . Holly Bend Condominiums is located directly on the marsh. These are
some of our buildings here (pointing to PowerPoint). There are more right here. The
corner of the building right here literally floods with the least amount of rain into the
crawl spaces of the building.
Barry Knight: Thank you. Are there any questions? Mr. Henley?
Al Henley: Yes ma'am. I think you already answered it. The flooding? Is that
associated with the rain or is it a tidal?
Anita Cosby: Tidal and rain. It holds a lot more water than it did before all those
buildings have gone up down there. I have been working with the community since
January 2004. The residents obviously, could speak longer if they known that this was
another one to come in before them. But since 2004, I can tell you that flooding has
almost tripled with all the construction down there since when I first took over
management in this community.
Al Henley: Thank you.
Barry Knight: Are there any other questions? Yes. Ms. Anderson?
Janice Anderson: Did you say that you have talked to Public Works?
Anita Cosby: Yes. We tried Public Works.
Janice Anderson: Okay. Is there any discussion?
Anita Cosby: They started some construction to help repair the drains on Kilbome. The
repairs started about 2 months ago. It has been sitting with no action for at least a month
now. Nothing has helped that they have done so far.
Janice Anderson: Okay. There is construction going on right up there at the Harris
Teeter there.
Anita Cosby: They have built all types.
Janice Anderson: They built more on the other side. Thank you.
Items #13 & #14
Salt Meadow Bay, L.L.c.
Page 5
Barry Knight:. Are there any other questions of Ms. Cosby? Thank you ma'am.
Anita Cosby: Thank you.
Barry Knight: Mr. Strange?
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Joseph Strange: There are no other speakers.
Barry Knight:. Mr. Barrett?
Michael Barrett: Thank you very much. In some ways, I guess I would say that it is very
appropriate that we're acting exactly the way we are, because it is basically to prevent
exactly the same kind of certainty that Ms. Cosby spoke about, but the older
developments, before we had the Chesapeake Bay Preservation Bay Preservation Act,
were probably constructed to close to the marsh. As you know, now, we are required to
setback at least 50 to 100 feet, and secondly, of course, new projects are required to
incorporate what we call "best management practices". I think we borrowed that from the
rural part of the city. But what it comes to mean is storm water management practices that
prevent erosion, and increase water quality. In our project, by doing what you all have
told us to do, to cluster this project, on the high-end of the property, to put the parking
underneath, we are absolutely minimizing the amount of impervious surface that will be
placed on this site. For example, if we were to act by-right to develop the 10 single-
family lots that we have there, assuming we could build on eight of them, you would have
to build a public street that would be all macadam. It would have to meet the City's
requirements, have a curb and gutter because Al has written those regulations so tight that
you got to have all that stuff. We have driveways for each of the houses. The amount of
impervious surface would probably be 3 or 4 times the amount that we're doing by
following your recommendations and those of the Chesapeake Bay Preservation Act
Board. So, I think we're, and I'm not saying there isn't development, there is, but we
have a matter of right to develop our property. What we tried to do was absolutely
minimize the impact of that development.
Barry Knight: Thank you Mr. Barrett. Are there any questions of Mr. Barrett? Thank
you SIr.
Michael Barrett: Thank you.
Barry Knight: Discussion? Mr. Henley?
Al Henley: I would like to comment on the lady that was addressing the tlooding
problems. I distinctly remember when Harris Teeter was filling that land and developing
that portion, that particular street that she lived incidentally, that those areas were
flooding at that particular time. The Department of Public Works took into the evaluation
to their engineering, and they had determined that at that time, a lot of the drainage in that
Items #13 & #14
Salt Meadow Bay, L.L.c.
Page 6
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area had failed because of its age, and the part of the construction that is addressing that
situation now. Why it is standing still? I really don't have an answer for that, but that
particular area where she resides has flooded historically prior to Harris Teeter being
developed. And, of course, a lot of the residents believe that Harris Teeter had a lot to do
with it, but evaluation by the engineers did reveal there were a lot of collapsed
underground lines in that particular area and a lot of ditches needed to be regraded out.
So, hopefully that will give the lady some reassurance that the City has been trying to
address that at this time.
Barry Knight: Thank you Mr. Henley. Ms. Anderson?
Janice Anderson: I'm glad Mrs. Cosby came, because there was another representative
from that neighborhood that had mentioned the flooding problem before; so, I'm not quite
sure whether, like AI had mentioned, drainage needs repair or improvement or it is due to
some type of development. From what I understand, when most developments get
approved. they have to maintain all water on site and that is even before it gets an okay or
a start. But 1 would definitely, and coming here today also encourages Public Works to
look at that drainage problem, because you all do need some help there. With regard to
this application, when we first saw it, Mr. Barrett brought it to us, and the time before, 1
was definitely in favor of it. As he has stated, he has done everything that we looked for
to consider having eight individual sites if he's got eight buildable lots, and he has got
four sites where he is putting four footprints for those eight units. As he has stated, there
is no extra driveway or parking lots. They are all underneath, in the same building
footprint. So, with regard to this development, this is exactly what we want - to limit the
area that you are paving over. He and his business partner developed the property to the
north and they have done a very attractive job there, and they're proposal here, I believe,
is also the same quality and attractiveness, and I would be in support.
Barry Knight: Thank. you. Is there any other discussion? The Chair will entertain a
motion.
Janice Anderson: I make a motion to approve the application with the existing proffers.
Eugene Crabtree: I second it.
Barry Knight: Okay. Thank you. There is a motion on the table to approve by Jan
Anderson and seconded by Gene Crabtree. Is there any other discussion? I'll call for the
question.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
Items #13 & #14
Salt Meadow Bay, L.L.c.
Page 7
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Ed Weeden: By a vote of 10-0, the Board has approved the application of Salt Meadow
Bay.
1 IN THE MATTER OF CLOSING, VACATING AND
2 DISCONTINUING A PORTION OF THAT CERTAIN
3 STREET DESIGNATED AND DESCRIBED AS
4 "OAKLAND AVENUE (30' R/W)" AS SHOWN ON
5 THAT CERTAIN PLAT ENTITLED "STREET
6 CLOSURE PLAT OF A PORTION OF OAKLAND
7 AVENUE VIRGINIA BEACH, VIRGINIA"
8
9
10 WHEREAS, Salt Meadow Bay, L.L.C. a Virginia limited
11 liability company (the "Applicant") applied to the Council of
12 the City of Virginia Beachr Virginia, to have the hereinafter
13 described street discontinued, closed, and vacated; and
14
15 WHEREAS, it is the judgment of the Council that said
16 street be discontinued, closed, and vacated, subj ect to certain
17 condi tions having been met on or before one (1) year from City
18 Council's adoption of this Ordinance;
19
20 NOW, THEREFORE, BE IT ORDAINED by the Council of the
21 City of Virginia Beach, Virginia:
22
23 SECTION I
24
25 That the hereinafter described street be discontinued,
26 closed and vacatedr subj ect to certain conditions being met on
27 or before one (1) year from City Council's adoption of this
28 ordinance:
29
30 All that certain piece or parcel of land
31 situate, lying and being in the City of
32 Virginia Beach, Virginia, designated and
33 described as "OAKLAND AVENUE (30' R!W)"
34 shown as the hatched area containing 14,246
35 Sq. Ft. on that certain plat entitled:
36 "STREET CLOSURE PLAT OF A PORTION OF OAKLAND
37 AVENUE VIRGINIA BEACH, VIRGINIA" Scale:
38 1"=60', dated 02/09/05, prepared by MSA,
39 P.C., a copy of which is attached hereto as
40 Exhibit A.
41
42
43 GPIN: 2417-79-8677, 2418-80-0499 and 2417-79-7932
1
44 SECTION I I
45
46 The following conditions must be met on or before one
47 (1) year from City Council's adoption of this ordinance:
48
49 1. The City Attorney's Office will make the final
50 determination regarding ownership of the underlying fee. The
51 purchase price to be paid to the City shall be determined
52 according to the "Policy Regarding Purchase of City's Interest
53 in Streets Pursuant to Street Closures," approved by City
54 Council. Copies of said policy are available in the Planning
55 Department.
56
57 2. The applicant shall resubdi vide the property and
58 vacate internal lot lines to incorporate the closed area into
59 the adjoining parcels. The resubdivision plat shall be
60 submi t ted and approved for recordation prior to final street
61 closure approval. Said plat must include a drainage easement
62 over the entire property for future use as deemed necessary by
63 the City of Virginia Beach.
64
65 3. The applicant shall verify that no private
66 utili ties exist wi thin the right-of-way proposed for closure.
67 Preliminary comments from the utility companies indicate that
68 there are no private utili ties wi thin the right-of-way proposed
69 for closure. If private utilities do exist, the applicant shall
70 provide easements satisfactory to the utility companies.
71
72 4. Closure of the right-of-way shall be contingent
73 upon compliance with the above stated conditions wi thin one (1)
74 year of approval by City Council. If all conditions noted above
75 are not in compliance and the final plat is not approved within
76 one (1) year of the City Council vote to close the street, this
77 approval will be considered null and void.
78
79 SECTION III
80
81 1. If the preceding conditions are not fulfilled on
82 or before March 26, 2008, this Ordinance will be deemed null and
83 void without further action by the City Council.
84
85 2. If all conditions are met on or before March 26,
86 2008, the date of final closure is the date the street closure
87 ordinance is recorded by the City Attorney.
88
2
89 3. In the event the City of Virginia Beach has any
90 interest in the underlying fee, the City Manager or his designee
91 is authorized to execute whatever documents, if any, that may be
92 requested to convey such interest, provided said documents are
93 approved by the City Attorney's Office.
94
95 SECTION IV
96
97 A certified copy of this Ordinance shall be filed in
98 the Clerk's Office of the Circuit Court of the City of Virginia
99 Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA
100 BEACH as "Grantor" and SALT MEADOW BAY, L.L.C. as "Grantee."
101
102 Adopted by the Council of the City of Virginia Beach,
103 Virginia, on this day of , 2007.
CA-9671
V :lapplicationslcitylawprodlcycom3 2\ WpdocslD0281POO 1 lOOO28992.DOC
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Date: March 6, 2007
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
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City Attorney
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2306 STREET CLOSURE PLAT OF
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II MSA, P.C. II
Landscape Design. Planning Surveying
Engineering' Environmental Sciences
5033 ROUSE DRIVE, VIRGINIA BEACH, VA 23462-3708
PHONE (757) f90-9264 . FAX (757) f9O..063f SHEET 1 OF 1
PLAT RECORDED IN
U.B. 16, PG. 53
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SAL !MEADOW BA Y LL. C.
GPIN: 2417-79-8677
LOTS 1 - 10, BLOCK 5
"BEAN GARDEN"
(as. 4719. PG. 1488)
(MoB. 16. PG. 53)
AOJO/NERS
(DSAL 'TMEAOOW BA Y L.L. C.
GPIN: 2418-80-0689
PARCEl A
"SAL T MEAOOW BA Y'"
(lNST. NQ 200302270030085)
@ .JOSEPH G. GILLEN
GPIN: 2417-79-7932
(LOT 6. BLOCK 4)
b'EAN GARDEN"
(0.B. 4007, PG. 390)
(AlB. 16. PG. 53)
BLOCK 5
~ CROSS-HATCHED AREA DENOTES
PORTION OF OAKLAND STREET TO
BE; CLOSED. AREA = 14,246 SQ. FT.
JOB#9603SD
ZONED: N/ A
'.""60'
DATE: 2/09/05
SCALE:
OWN BY: KCR
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.!ERRY F. 30.13'
McDONNElL S 29"00'52- W
(D.B. .2~ P(;. P(;.12)
GPIN: 2117-89-0595
Exhibit A
Conditional Zoning Change from R7.5 to Conditional A-36
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of Salt Meadow Bay, L.L.C. for a ChanQe of ZoninQ District
Classification from R-7.5 Residential District to Conditional A-36 Apartment
District on property located on the east side of Barberton Drive at its intersection
with Oakland Avenue (GPIN 2417798677). DISTRICT 6 - BEACH
MEETING DATE: March 27, 2007
. Background:
The applicant proposes to rezone 3.298 acres (1.28 acres of upland) of existing
R-7.5 property to Conditional A-36 for the development of a multifamily structure
with eight (8) units. A portion of the proposed development site consists of right-
of-way from Oakland Avenue being requested for closure under a separate
application. The site currently consists of ten (10) nonconforming lots, of which
eight (8) lots are buildable. The site is located in the 70 to 75 dB Ldn AICUZ and
in close proximity to an Accident Potential Zone. The applicant initially proposed
12 units, four above what could be built by-right. The United States Navy
opposed the construction of 12 units, as it represented an increase in density
over what is currently allowed. Based on the Navy's concern, the Planning
Commission deferred the requests at their December 13, 2006 public hearing. In
response to the commission's comments and the concerns of the Navy, the
applicant then revised the proposal to only eight (8) units, consistent with the
number allowed by-right.
. Considerations:
The density of the proposal is now approximately 6.25 units to the acre. The
applicant's proposed four-story structure, 59 feet in height, will have parking
beneath the units. The 59-foot height of the buildings is the reason the applicant
is requesting the A-36 Apartment District, as that district allows such height while
the A-12 Apartment District does not. The density, however, is proffered to the
eight (8) units. The exterior building materials include brick, cement fiber board,
and architectural grade shingles. Open space on the site consists of 2.9 acres
(including wetlands and water within the property's boundary). The site is highly
impacted by the Chesapeake Bay Preservation Area, and thus the reason the
applicant desires to construct a multifamily dwelling rather than eight (8) single-
family dwellings, as the multifamily dwelling results in less impact to the natural
resources adjacent to the site. The project has been reviewed and approved by
the Chesapeake Bay Preservation Area Board on August 22,2005,
The Comprehensive Plan recognizes this area as being within the Resort Area,
an area planned for resort uses including lodging, retail, entertainment,
recreation, cultural and other uses.
Saltmeadow Bay, L.L.C.
Page 2 of 2
Section 1803 of the City of Virginia Beach Zoning Ordinance states that
discretionary development applications (rezoning requests, for example) in the
70-75 dB Ldn AICUZ shall not be approved unless the uses and structures it
contemplates are designated as "compatible" under Table 1 in the City's Zoning
Ordinance, unless the City Council finds that no reasonable use designated as
compatible under the table can be made of the property. In such a case, approval
of a proposed use of property must be at the least density or intensity of
development that is reasonable.
Under Table 1 of the AICUZ Overlay Ordinance, multifamily dwellings are
deemed incompatible in the 70-75 AICUZ. The United States Navy has reviewed
this request, and due to the fact that multi-family dwellings in this AICUZ are
deemed to be incompatible by the OPNAV Instruction, has written a letter
objecting to the request. The Navy was contacted after the applicant reduced the
number of units from 12 to 8 to determine if their position had changed. The Navy
noted that the letter sent in 2005 still applied, as the type of use remained the
same, and that use is not compatible.
Under the provisions of the AICUZ Overlay Ordinance pertaining to discretionary
development applications, Staff concludes that the most reasonable use is the
one proposed by the applicant. It must be remembered that single-family
dwellings, a use allowed by-right and which the applicant can construct without
approval of the City Council, is also deemed incompatible in the 70-75 AICUZ.
The applicant's proposal results in the same number of units that can be built by-
right; however, the type of dwelling and the way that it will be placed on the site
are more environmentally advantageous. Staff, therefore, is supportive of the
requested change in zoning from R-7.5 to a zoning that results in eight (8)
multifamily units.
There was opposition to the request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve the request as proffered.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department ^ ~
CityManager~s k.~~ . ~..
1 AN ORDINANCE APPROVING THE APPLICATION OF
2 SALT MEADOW BAY, LLC FOR A CHANGE OF ZONING
3 DISTRICT CLASSIFICATION FROM R-7.5
4 RESIDENTIAL DISTRICT TO CONDITIONAL A-36
5 APARTMENT DISTRICT ON PROPERTY LOCATED AT
6 BARBERTON DRIVE AND OAKLAND AVENUE (GPIN
7 2417798677)
8
9
10 WHEREAS, Salt Meadow Bay, LLC (hereinafter the
11 "Applicants") has made application to the City Council for a
12 change of zoning district classification from R-7. 5 Residential
13 District to Conditional A-36 Apartment (hereinafter "the
14 Application") on 3.298 acres of property, of which 1.28 acres
15 are outside of wetlands, located at Barberton Drive and Oakland
16 Avenue (GPIN 2417798677, in the Beach District; and
17
18 WHEREAS, the application contemplates the development of
19 eight (8) single-family dwellings on the Property; and
20
21 WHEREAS, the Property is located with the 70-75 dB DNL
22 Noise Zone; and
23
24 WHEREAS, the Property can lawfully be developed with eight
25 (8) single-family dwelling units as a matter of right under the
26 current R-7.5 Residential District zoning classification; and
27
28 WHEREAS, the Applicant has submitted proffers as part of
29 its conditional zoning application, one of which proffers
30 restricts the development on the Property to eight (8) dwelling
31 units, such that no additional density will be allowed on the
32 Property as a result of its rezoning to Conditional A-36
33 Apartment District; and
34
35 WHEREAS, pursuant to Section 1804 of the City Zoning
36 Ordinance, it is the policy of the City Council that no
37 application for a change of zoning of property within the 70-75
38 dB DNL Noise Zone shall be approved unless the uses and
39 structures contemplated by the application are designated as
40 "Compatible" under Table 1 of City Zoning Ordinance Section
41 1804 (b), unless the City Council finds that no reasonable use
42 designated as "Compatible" can be made of the property, and that
43 in such cases, the City Council shall approve the proposed use
44 at the least density or intensity that is reasonable;
45
46 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
47 OF VIRGINIA BEACH, VIRGINIA:
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
That the City Council hereby finds that:
1. No reasonable use designated as "Compatible" under
Table 1 of City Zoning Ordinance Section 1804 (b) can
be made of the Property; and
2. The proposed density of development contemplated by
the Application, to-wit: eight (8) dwelling units on
3.298 acres of property, of which 1.28 acres are
outside of wetlands, is the lowest density that is
reasonable under the facts and circumstances of the
Application.
BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Application is hereby approved, subj ect to the
terms and conditions set forth in the Conditional Zoning
Agreement dated May 25, 2006, which Agreement was exhibited to
the City Council this date.
Adopted by the Council of the City of Virginia Beach on the
day of , 2007.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
{A;rJi)J~ )1 fJIbJ
City Attorney's Office
\
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CA10279
v:\applications\citylawprod\cycom32\WpdocS\D012\P002\OO029637.DOC
R-1
March 12, 2007
2
SAL TMEADOW SAY,
LLC
Agenda Item 14
February 14, 2007 Public Hearing
Staff Planner: Carolyn A.K. Smith
REQUEST:
Chanae of Zonina District Classification from R-
7.5 Residential District to Conditional A-36
Apartment District.
ADDRESS I DESCRIPTION: Property located on the east side of Barberton Drive at its intersection with
Oakland Avenue.
GPIN:
2417798677
COUNCIL ELECTION DISTRICT:
6 - BEACH
SITE SIZE:
3.298 acres, 1.28 acres of upland
SUMMARY OF REQUEST
The applicant proposes to rezone 3.298 acres (1.28 acres of
upland) of existing R-7.5 property to Conditional A-36 for the
development of a multifamily structure with eight (8) units. A portion of the proposed development site
consists of right-of-way from Oakland Avenue being requested for closure under a separate application. A
request for 12 multifamily units was deferred by the Planning Commission on December 13, 2006. The
density of the proposal is now approximately 6.25 units to the acre. A portion of Oakland Avenue to the
west across Barberton Drive was closed by the applicant in 2003 and 17 single-family dwellings were built
in a condominium form of ownership.
There are currently ten (10) platted lots on the site, only eight (8) of which have development potential
due to environmental constraints of the site. Two (2) of the lots are within the marsh and have very limited
development potential, if any.
The applicant's proposed four-story structure, 59 feet in height, will have parking beneath the units. The
exterior building materials include brick, cement fiber board, and architectural grade shingles. Each unit
is proposed with approximately 2, 400 square feet of living area. The square footage of the living areas is
subject to change as the applicant redesigns the building from 12 units down to eight (8). Open space on
the site consists of 2.9 acres (including wetlands and water within the property's boundary). The site is
highly impacted by the Chesapeake Bay Preservation Area. The project has been reviewed and approved
by the Chesapeake Bay Preservation Area Board on August 22, 2005, with the fOllowing conditions:
SALT MEARAV\' aA,(::i!LC
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1. A pre-construction meeting shall be convened with Civil Inspections prior to any land disturbance,
inclusive of demolition.
2. A wire re-enforced silt fence shall be installed prior to any land disturbance and shall remain in
place until such time as vegetative cover is established.
3. A heavy-duty construction fence, acceptable to Civil Inspections, shall be installed along the
aforementioned E & S controls and shall be maintained during all phases of construction.
4. Permanent or temporary soil stabilization shall be applied to all disturbed I denuded area(s) prior
to a final building inspection or certificate of occupancy.
5. Construction limits shall lie a maximum of 15' seaward of improvements. The authorized limits of
construction shall also be the limits of managed turf on the site. Please note on the site plan.
6. The construction access way shall be noted on the site plan, as well as the stockpile staging
area.
7. All stormwater from proposed impervious cover shall be conveyed to structural stormwater
management facilities.
8. As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program
prior to or concurrent with site plan approval. Payment shall be in the amount of $3,397.00 and is
based on 25% of the proposed impervious cover. Said payment shall provide for the equivalent
of an approximate 3,701 sq. ft., 12-inch deep oyster shell plant within the Lynnhaven River Basin.
9. All areas outside limits of construction shall be left in a natural state to include the forest floor (leaf
litter) left intact. Said condition shall be so noted in bold on the site plan.
10. The proposed ingress shall be relocated to the north and adjoin the proposed egress. The
proposed "pad & walk" shall be reconfigured.
11. Tree compensation shall be at a 1:1 ratio and shall be comprised of 50% evergreen and 50%
deciduous species. Said tree compensation is above and beyond that associated with trees
required pursuant to the Parking Lot Foundation and Specifications Manual.
12. The conditions and approval associated with this variance are based on the site plan dated July
19, 2005.
13. A revised site plan shall be submitted to the Department of Planning, Development Services
Center for review and approval prior to the issuance of a building permit.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped vacant site.
South:
East: .
West:
. Single-family dwelling, open space I R-7.5 Residential District,
A-36 Apartment District
. Marsh, multifamily dwellings I A-18 Apartment District
. Marsh
. South Barberton Drive, single-family dwellings I R-7.5
Residential District
SURROUNDING LAND
USE AND ZONING:
North:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is heavily wooded and located within the Chesapeake Bay
watershed. In particular, a portion of the property is within the Resource
Protection Area, the most stringently regulated portion of the
Chesapeake Bay Preservation Area. There are highly erodible soils and
tidal wetlands on the property as well.
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AICUZ:
The site is in an AICUZ of 70 - 75 dB Ldn surrounding NAS Ocean a and
within close proximity of Accident Potential Zone 1. See the "Evaluation"
section of this report pertaining to rezoning requests within this AICUZ.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP):
Barberton Drive is a two lane undivided street. No CIP projects are slated for this roadway.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Barberton Drive No Data 6,200 ADT (Level of Existing Land Use - 0
Available Service "Ci - 11,100 ADT ADT (undeveloped site)
1 (Level of Service "En) Potential Land Use 2 -
100 ADT
Proposed Land Use 3 _
50 ADT
.
Average Dally Tops
2 as defined 10 single-family lots
3 as defined by the proposed 8 apartment units
Traffic Engineering Staff has noted concerns about the location of the proposed ingress/egress. The entrance
to Osprey Point should align with Oakland Avenue or offset Oakland Avenue by at least 100 feet (tangent
section). The entrance dimensions and median must confonn to Chapter 3.10 and Detail 0-6 of the City of
Virginia Beach. Public Works Standards and Specifications.
WATER: This site must connect to City water. There is an eight (8) inch water main in Barberton Drive.
SEWER: This site must connect to City sanitary sewer. There is an eight (8) inch sanitary sewer main in
Barberton Drive fronting the site. Sanitary sewer and pump station analysis for Pump Station 111 is required to
determine if flows can be accommodated.
SCHOOLS:
School Current Capacity Generation 1 Change 2
Enrollment
W.T. Cooke Elementary 505 561 2.4 2
Virainia Beach Middle 676 699 1.2 1
First Colonial High 2151 1730 1.3 1
, , "
'generation represents the number of students that the development will add to the school
2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The
number can be positive (additional students) or negative (fewer students).
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SALT MEADOW SAy'fLG
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EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of both the rezoning request and the street closure provided that the proffers
are accepted and the conditions of the street closure are adhered to as well.
Comprehensive Plan:
The Comprehensive Plan recognizes this area as being within the Resort Area, an area planned for resort
uses including lodging, retail, entertainment, recreation, cultural and other uses.
Evaluation:
The Viewers have detennined that the proposed closure will not result in a publiC inconvenience;
therefore, they recommend closure of the right-of-way.
Section 1803 of the City of Virginia Beach Zoning Ordinance states that discretionary development
applications (rezoning requests, for example) in the 70-75 dB Ldn AICUZ shall not be approved unless
the uses and structures it contemplates are designated as "compatible" under Table 1 in the City's Zoning
Ordinance, unless the City Council finds that no reasonable use designated as compatible under the table
can be made of the property. In such a case, approval of a proposed use of property must be at the least
density or intensity of development that is reasonable. Under Table 1, multifamily dwellings are deemed
incompatible in the 70-75 AICUZ. It must be noted, however, that single-family dwellings, a use allowed
by-right and which the applicant can construct without approval of the City Council, is also deemed
incompatible in the 70-75 AICUZ. The applicant's proposal results in the same number of units that can
be built by-right; however, the type of dwelling and the way that it will be placed on the site is more
environmentally advantageous. Staff, therefore, is supportive of the requested change in zoning from R-
7.5 to a zoning that results in eight (8) multifamily units. This request for eight (8) units adheres to the
guidance provided in the Zoning Ordinance for discretionary rezoning requests. Staff, therefore,
recommends approval. It should be noted that while the applicant is requesting a zoning of A-36
Apartment District, it is solely for the purpose of using the maximum height allowed in the A-36 District,
and not for density.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) ofthe City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(S107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and seNe
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
The project shall be developed substantially as shown on the Exhibits for Conditional Rezoning dated may
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26.2005 entitled, "Osprey Point, Saltmeadow Bay, Boards 1-3," prepared by BRT Architects, which has
been exhibited to the City of Virginia Beach City Council and are on file with the Department of Planning
(hereinafter "Concept Plan"), which plan provides for 2.2 acres of open space.
PROFFER 2:
The project shall not exceed 8 units.
PROFFER 3:
The height of the building shall not exceed 60 feet.
PROFFER 4:
The exterior design, material, and colors of the condominium building shall adhere to the elevations shown
on the exhibit dated May 26,2005 and entitled "Osprey Paint Saltmeadow Bay, Virginia Beach, VA"
prepared by BTR Architects, which have been exhibited to the Virginia Beach City Council and are on file
with the Virginia Beach Department of Planning (hereinafter "Elevations"), which materials have been
coordinated with the approved design, materials, and colors of the adjacent Saltmeadow Bay Apartment
project. The materials will be hardie plank or similar cement fiber siding and shingles, brick on the face of
the first floor garage, architectural shingles on the roof, and porch railings of weather resistant vinyl or similar
material.
PROFFER 5:
The building envelope (exterior walls, roof system and exposed floor at garage level) will be designed in
accordance with industry standard, sound reduction construction materials and teChniques. Installation of
these exterior elements will be in accordance with accepted sound reduction construction practices.
PROFFER 6:
The Developer shall prepare a deed of easement to the City of Virginia Beach for natural open space,
acceptable in fonn and content to the Grantee, over the protected open space of this site that will preserve
and protect these valuable resources in perpetuity.
PROFFER 7:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The proffers are acceptable, as the proposed density is in line with the requirements
of the City's Zoning Ordinance for discretionary development proposals within the 70-75 AICUZ as no
increase above the property's existing development potential is proposed.
The City Attorney's Office has reviewed the proffer agreement dated May 25, 2006, and found it to be legally
sufficient and in acceptable legal fonn.
SALT MEADOW SAy';;:LLC..
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NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
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Conditional Zoning Change from R7.5 to Conditional A-36
1 03/11/03 CHANGE OF ZONING (R-7.5 to A- Granted
12 with PD-H2 Overlay)
STREET CLOSURE Granted
2 07/09/03 STREET CLOSURE Granted
3 01/22/02 CHANGE OF ZONING (R-7.5 to A- Granted
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STREET CLOSURE Granted
4 06/26/01 STREET CLOSURE Granted
ZONING HISTORY
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APPLICANT OISCLOSURE
If the appih~anl i$ ~l 0of'tll;.lfatiQl"1, partnership, fi:rn. business, or otl1er lJnjncorpon~te(i
Qrganization, ccmpl~t-e the following:
1. UstlM applicant namefuHowed by the names (lhill office()~: members, trustees,
partners. etc. t::elo1f1' (Att$ci'; list irno'ci3.1SS<.lryj
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2. Ust ail bU$ji1e$...~e:s t1'l<1lthave ~IPal'eht~sub$jdiat'/ oraffiHated busfn~ss el"ltir/
relattoosh;p with the applicant:~{Attach tist jf necessary} .
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: 0 Check rlereif the appllcanUs NOT a corr>on~tkU), pa.rtnership, firm. business. or
. othor In'liflcoq::mrated organization.
PROPERTY OWNER DISCLOSURE
: Com;;iete mis SOt,'tiCfi (Vify if properly owner is different fromappijci~1it.
If me propectY(J\...'n~H' is~c~rp{)~ticn. partn~rship. firm~ business. or ct.t1er
ul1inCOrpc.r~lted organization, complete the fOlll.....Wing:
1. U~tthl$ prQ~rt'j owner nsme followed by the names of aHc<lficers, members,
trustees, partners; et("; below: (AlfachlisUfnecessiJr.,1
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2. USt: a): businesses that have' a p~rent;"$l..lpsictiari or ~ffiliated i:>u$iness eniity"
relatic<nship With trH~ applicant (Attach iisf if necessary.?
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~ DCheCk hereiftne propertfcwner Is NOTacorporatlOl"!,.p:llrtnerShlp, firm: l:luSiri~!SS,
. or other :,.lflint:;orporated organizat.ion.
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ADDItiONAL DISClQ5Ut{ES
l..3stalikn<::'wn c;:mtractof$orhlJsit'le$~~$ll1~thavet)r wgj'PI'OvideserviCl.l!$ Wilh r~s!>ed .
to. ttle~ql1estaO ptopettyu5e;incll.loil'lg bi.lt nOni!Tlit~t,1 te, the pl:OVldr~:'$ darct;a~cMa!
services, re:aJestate services. fH"n~ndal ser'lices,acc,Quntin~ services. and lqgal
sel'llices:\Attach li$tif 11e('.essal'y)
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:: "Affiliated til..lsinas$ fllltitYfflfati\)I'1$l'1IP" means ~';1!ralatjon$hip,. otl'liilf tha,i
parerlt--stlbsldfaryralatir>ostljp, ti)$t e~j$ts When (ii. (}W~hllsi!1eSS .eritityh~$ a .. .
. {:CrlttoniMgownershipjn1er~stinthe(Jlr,~r. blJslne$s entitjl,\!!) ~l. Cotlrf(tiling. o\i<merin
oheentityis aiw .~.Ct>ntrollirigowhetinJhe nth$r. f,!htity,. (ir Wi) :th~f~i;>~h~m~d
. rT'lanage:m~r.tQt CQr,trol' ~w,.eer\tlwl)tI$lf'l<a$$etltitiiZS;. . F" ilctore mat ~Molfibe
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Items #13 & #14
Salt Meadow Bay, L.L.C.
Discontinuance, closure and abandonment of a portion of
Oakland Avenue
Change of Zoning District Classification
East Side of Barberton Drive
District 6
Beach
February 14,2007
REGULAR
Barry Knight: Okay. Mr. Secretary, the next item to be heard.
Joseph Strange: The next items are item #13 and #14, Salt Meadow Bay, L.L.c. An
application of Salt Meadow Bay, L.L.c. for the discontinuance, closure and abandonment
of a portion of Oakland Avenue beginning on the east side of Barberton Drive and
continuing in an easterly direction a distance of 476.10 feet, District 6, Beach. An
application of Salt Meadow Bay, L.L.C. for a Change of Zoning District Classification
from R-7.5 Residential District to Conditional A-12 Apartment District on property
located on the east side of Barberton Drive at its intersection with Oakland A venue with
seven proffers and four conditions.
Barry Knight: We1come Mike.
Michael Barrett: Mr. Chairman.
Barry Knight: Please state your name for the record.
Michael Barrett: Michael Barrett. I represent the Runnymeade Corporation and Salt
Meadow Bay, L.L.c. I'm a little perplexed. I actually thought we were going to be on
consent. So, I guess I might ask, if I could. I can make the full presentation, although the
staff has fully been supportive, and the Navy has listened carefully last time. We did to,
and we changed it to comply with their requirements. Is there an issue?
Barry Knight: Sir. We had you on the consent agenda, but we had a speaker sign up in
opposition; so, we are required to hear it. We don't know what that opposition is.
Possibly, my suggestion would be give us a slight overview and see what the problem is,
and we will give you a chance to come back and rebut and address the questions.
Michael Barrett: That is fine. Ms. Gillian is here, who is the other party in the street
closure. She is in support, obviously. I didn't know. She might have checked the wrong
box.
Joseph Strange: No.
Items #13 & #14
Salt Meadow Bay, L.L.c.
Page 2
Michael Barrett: I'm sorry. There's an opponent? I'll be happy to give the presentation.
Barry Knight: Yes.
"--
Michael Barrett: You recall the presentation last time, and I'm not going to go into great
detail, because I think you all got the full picture. But I will emphasize, once again that
this application has been reviewed by the Chesapeake Bay Preservation Area Board, and
our entire intent here was to create a project that complied with the density that is
appropriate in the neighborhood. But to follow the rules and requirements of both the
CBP A and your planning staff, in an attempt to make this as compatible with the
environment as we could. The way we did that was to follow what's in your
Comprehensive Plan for environmentally sensitive sites like this. One of the things that
you try to do is to cluster the development at the high end of the property, and stay as far
away from the marsh as you possibly can. And, put the same number of units that you
can develop, but put them in a part of the property that is most appropriate. So, in fact,
that is what we did. The site is only about 3 acres. We basically placed the units in the
middle. We have gone up instead of spread out in order to reduce the amount of
impervious surface. And in fact, we have even put the parking, which would be required
for newly developed single-family homes, we've put it under the buildings so that its in
the same footprint. As a result of that design, we have the same number of units that we
could develop, eight single-family homes, but we've clustered them on the best part of
the site so that we reduce the environmental impact on that site. I have to tell you that the
Chesapeake Bay Preservation Area Board, I think., was very pleased with our application
in that we followed their recommendations, and those also that appear in your
Comprehensive Plan. So, in order to do hat, we had to list some proffers, and we had to
have a rezoning. The property is zoned R-7.5. In order to have a condominium on it, we
basically need multi-family zoning, but again, the density is not at all multi-family. It is
at the same density that you would have if we just went, and we have ten lots, and built
on those lots. So, we feel that our application is in accord with the Comprehensive Plan.
It is in accord with what's in the neighborhood, which is basically a multi-family district
with also some single-family homes. We're surrounded by multi-family housing projects
at the A-36 density, the A-24 density, A-12. There are some single-family homes but
predominately in the neighborhood is multi-family. So, we've asked for a multi-family
zoning, but in our proffers, we make it clear that is not the density. We're building only
the same number of units that we could build. Let me make a clear comment upon the
Navy situation, because that is what we really talked about in the last meeting. As you
know, this is in a 70-75 dB noise zone. It is not in an Accident Potential Zone, but it is in
a noise zone. We have put proffers in that we will reduce the sound transmission and all
that is required by your ordinances, and that sort of thing. We have met all of the Navy
requirements in that regard. We will tell the perspective buyers that we are in a noise
zone. We're required to do that. The new regulation now just adopted by the City
Council, and I know you know about, basically requires that if you're in an AICUZ zone,
and we're in the 70-75, that you can't do anything that's not compatible with what the
Navy says you can do unless it is the only reasonable use. Now, I suggest to you that the
Items #13 & #14
Salt Meadow Bay, L.L.c.
Page 3
allowable uses include resource extraction like mining, industrial use services, repair
services. I know that City Council and you know that you never put one of those uses on
a one-acre parcel in the middle of a neighborhood. There are no appropriate uses that are
allowed under the Navy Table of Compatibility. Now, the new manner of understanding
is to acknowledge that there are going to be circumstances like that. This is a perfect
example. You wouldn't put a chemical petroleum plant, which is an allowable
compatible use, in the middle of a residential neighborhood. So, it allows that there be
residential use as long as it is at the same basic density, the lowest maximum
development that would be allowed in that district. That is what we have done. Staff
said you can develop eight units there, and that is exactly what we're planning to do. So,
I believe, based on my conversation with the AICUZ officer, Ray Firenze, that they are
fine with it. T don't see them here; so, I don't think it is a problem. You do have a letter
in your packet, but that was the letter that was submitted when we first applied over a
year ago, and of course, the MOU now has been signed, and so has the change. So with
that, I think that you will find that it is an environmentally compatible project. It is
certainly compatible with the neighborhood. It is complementary to what we have
developed out there already, the 229 apartment units, the condos, and single-family
homes. It's all kind of themed. We are going to use the same materials. The density, and
we're not asking for any increase. And, I certainly would hope that you act favorably on
it.
Barry Knight: Thank you.
Michael Barrett: Thank you.
Barry Knight: Commander Lauterbach, we would like to commend you on your
camouflage techniques over there. Mr. Strange?
Joseph Strange: Speaking in opposition, we have Anita Cosby.
Barry Knight: Welcome ma'am.
Anita Cosby: Hi.
Barry Knight: Please state your name for the record.
Anita Cosby: Anita Cosby. I manage the Holly Bend Condominiums, located directly on
the marsh. They have been there for over 20 years. I can tell you that they have lost 8 to
10 feet of property. They have a very serious flooding problem that has been brought to
the City's attention. The more land that you take away and hard surfaces that you are
building is making it worse. I think to approve anymore until this is thorougWy addressed
would be a big mistake. We have water coming into the crawl spaces of these buildings.
We have one building that literally sits three feet from the marsh now. We've had to put
riprap on our property to prevent losing more of it. I just think it would be very
Items #13 & #14
Salt Meadow Bay, L.L.C.
Page 4
detrimental to any of the communities on the marsh area especially Holly Bend
Condominiums. Take away any more land and put hard surfaces there.
Barry Knight: Ma'am? Could you take the pointer right there, and show us where you're
talking about? Just pull it right off. Push the button.
Anita Cosby: Holly Bend Condominiums is located directly on the marsh. These are
some of our buildings here (pointing to PowerPoint). There are more right here. The
comer of the building right here literally floods with the least amount of rain into the
crawl spaces of the building.
Barry Knight: Thank you. Are there any questions? Mr. Henley?
AI Henley: Yes ma'am. I think you already answered it. The flooding? Is that
associated with the rain or is it a tidal?
Anita Cosby: Tidal and rain. It holds a lot more water than it did before all those
buildings have gone up down there. I have been working with the community since
January 2004. The residents obviously, could speak longer if they known that this was
another one to come in before them. But since 2004, I can tell you that flooding has
almost tripled with all the construction down there since when I first took over
management in this community.
AI Henley: Thank you.
Barry Knight: Are there any other questions? Yes. Ms. Anderson?
Janice Anderson: Did you say that you have talked to Public Works?
Anita Cosby: Yes. We tried Public Works.
Janice Anderson: Okay. Is there any discussion?
Anita Cosby: They started some construction to help repair the drains on Kilborne. The
repairs started about 2 months ago. It has been sitting with no action for at least a month
now. Nothing has helped that they have done so far.
Janice Anderson: Okay. There is construction going on right up there at the Harris
Teeter there.
Anita Cosby: They have built all types.
Janice Anderson: They built more on the other side. Thank you.
Items #13 & #14
Salt Meadow Bay, L.L.c.
Page 5
Barry Knight: Are there any other questions of Ms. Cosby? Thank you ma'am.
Anita Cosby: Thank you.
Barry Knight: Mr. Strange?
Joseph Strange: There are no other speakers.
Barry Knight: Mr. Barrett?
Michael Barrett: Thank you very much. In some ways, I guess I would say that it is very
appropriate that we're acting exactly the way we are, because it is basically to prevent
exactly the same kind of certainty that Ms. Cosby spoke about, but the older
developments, before we had the Chesapeake Bay Preservation Bay Preservation Act,
were probably constructed to close to the marsh. As you know, now, we are required to
setback at least 50 to 100 feet, and secondly, of course, new projects are required to
incorporate what we call "best management practices". I think we borrowed that from the
rural part of the city. But what it comes to mean is stormwater management practices that
prevent erosion, and increase water quality. In our project, by doing what you all have
told us to do, to cluster this project, on the high-end of the property, to put the parking
underneath, we are absolutely minimizing the amount of impervious surface that will be
placed on this site. For example, if we were to act by-right to develop the 10 single-
family lots that we have there, assuming we could build on eight of them, you would have
to build a public street that would be all macadam. It would have to meet the City's
requirements, have a curb and gutter because AI has written those regulations so tight that
you got to have all that stuff. We have driveways for each of the houses. The amount of
impervious surface would probably be 3 or 4 times the amount that we're doing by
following your recommendations and those of the Chesapeake Bay Preservation Act
Board. So, I think we're, and I'm not saying there isn't development, there is, but we
have a matter of right to develop our property. What we tried to do was absolutely
minimize the impact of that development.
Barry Knight: Thank you Mr. Barrett. Are there any questions of Mr. Barrett? Thank
you sir.
Michael Barrett: Thank you.
Barry Knight: Discussion? Mr. Henley?
AI Henley: I would like to comment on the lady that was addressing the flooding
problems. I distinctly remember when Harris Teeter was filling that land and developing
that portion, that particular street that she lived incidentally, that those areas were
flooding at that particular time. The Department of Public Works took into the evaluation
to their engineering, and they had determined that at that time, a lot of the drainage in that
Items #13 & #14
Salt Meadow Bay, L.L.c.
Page 6
area had failed because of its age, and the part of the construction that is addressing that
situation now. Why it is standing still? I really don't have an answer for that, but that
particular area where she resides has flooded historically prior to Harris Teeter being
developed. And, of course, a lot of the residents believe that Harris Teeter had a lot to do
with it, but evaluation by the engineers did reveal there were a lot of collapsed
underground lines in that particular area and a lot of ditches needed to be regraded out.
So, hopefully that will give the lady some reassurance that the City has been trying to
address that at this time.
Barry Knight: Thank you Mr. Henley. Ms. Anderson?
Janice Anderson: I'm glad Mrs. Cosby came, because there was another representative
from that neighborhood that had mentioned the flooding problem before; so, I'm not quite
sure whether, like AI had mentioned, drainage needs repair or improvement or it is due to
some type of development. From what I understand, when most developments get
approved, they have to maintain all water on site and that is even before it gets an okay or
a start. But I would defInitely, and coming here today also encourages Public Works to
look at that drainage problem, because you all do need some help there. With regard to
this application, when we first saw it, Mr. Barrett brought it to us, and the time before, I
was definitely in favor of it. As he has stated, he has done everything that we looked for
to consider having eight individual sites if he's got eight buildable lots, and he has got
four sites where he is putting four footprints for those eight units. As he has stated, there
is no extra driveway or parking lots. They are all underneath, in the same building
footprint. So, with regard to this development, this is exactly what we want - to limit the
area that you are paving over. He and his business partner developed the property to the
north and they have done a very attractive job there, and they're proposal here, I believe,
is also the same quality and attractiveness, and I would be in support.
Barry Knight: Thank. you. Is there any other discussion? The Chair will entertain a
motion.
Janice Anderson: I make a motion to approve the application with the existing proffers.
Eugene Crabtree: I second it.
Barry Knight: Okay. Thank you. There is a motion on the table to approve by Jan
Anderson and seconded by Gene Crabtree. Is there any other discussion? I'll call for the
question.
AYE 10
NAY 0
ABSO
ABSENT 1
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
Items #13 & #14
Salt Meadow Bay, L.L.c.
Page 7
HENLEY
HORSLEY
KATSlAS
KNIGHT
LIVAS
REDMOND
STRANGE
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
AYE
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved the application of Salt Meadow
Bay.
Conditional Zoning Change from R7.5 to Conditional A-36
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6206
DATE: March 12,2007
FROM:
Leslie L. Lilley~
B. Kay WilSOW
DEPT: City Attorney
DEPT: City Attorney
TO:
RE: Conditional Zoning Application: Saltmeadow Bay, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on March 27, 2007. I have reviewed the subject proffer agreement, dated May
26, 2005 and have determined it to be legally sufficient and in proper legal form. A copy of
the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/als
Enclosure
cc: Kathleen Hassen
This Document Prepared by:
Fine, Fine, Legum & Fine, P.A.
THIS AGREEMENT made this 26th day of May, 2005 by and between
SALTMEADOW BAY. LLC, Property Owner/Grantor; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the
second part.
W ! T N E ~ ~ E T H:
WHEREAS, Property Owner is the owner of certain parcels of property located in the
Beach District of the City of Virginia Beach, more particularly described in exhibit "A".
WHEREAS, the Grantor initiated a conditional amendment to the zoning map of the
City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning
Classification of the Property from R-7.5 Residential District to Conditional A-36 Apartment
District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible
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 Grantor's 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 grantor has voluntarily proffered, in writing, in advance of and prior to
the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map
GPIN: 2417-79-8677
Page 1
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 Grantor, 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. The project shall be developed substantially as shown on the Exhibits for Conditional
Rezoning dated May 26,2005 entitled Osprey Point, Saltmeadow Bay, Boards 1-3
prepared by BTR Architects which has been exhibited to the City of Virginia Beach City
Council and is on file with the Department of Planning (hereinafter "Concept Plan"),
which plan provides for 2.2 acres of open space.
2. The project shall not exceed the 8 units.
3. The height of the building shall not exceed 60 feet.
4. The exterior design, material, and colors of the condominium building shall adhere to the
elevations shown on the exhibit dated May 26, 2005 and entitled "Osprey Point
Saltmeadow Bay, Virginia Beach, V A" prepared by BTR Architects, which have been
exhibited to the Virginia Beach City Council and are on file with the Virginia Beach
Department of Planning (hereinafter "Elevations"), which materials have been
coordinated with the approved design, materials, and colors of the adjacent Saltmeadow
Bay Apartment project. The materials will be hardie plank or similar cement fiber siding
and shingles, brick on the face of the first floor garage, architectural shingles on the roof,
and porch railings of weather resistant vinyl or similar material.
5. The building envelope (exterior walls, roof system and exposed floor at garage level) will
be designed in accordance with industry standard, sound reduction construction materials
Page 2
and techniques. Installation of these exterior elements will be In accordance with
accepted sound reduction construction practices.
6. The Developer shall prepare a deed of easement to the City of Virginia beach for natural
open space, acceptable in form and, content to the Grantee, over the protected open space
of this site that will preserve and protect these valuable resources in perpetuity.
7. Further conditions may be required by the GRANTEE during detailed Site Plan review
and administration of applicable City codes by all cognizant city agencies and
departments to meet all applicable City code requirements.
The above conditions, having been proffered by the Grantor and allowed and
. accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full
force and effect until a subsequent amendment changes the zoning of the Property and
specifically repeals such conditions. Such conditions shall continue despite a subsequent
amendment to the Zoning Ordinance even if the subsequent amendment is part of a
comprehensive implementation of a new or substantially revised Zoning Ordinance until
. specifically repealed. The conditions, however, may be repealed, amended, or varied by written
instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the Property at the time of recordation of such
instrument, provided that 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 shall be void.
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,
Page 3
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 ofthe City of Virginia Beach, Virginia, and indexed in the names of the
Grantors and the Grantee.
WITNESS the following signatures and seals:
GRANTOR:
SALTMEADOW BAY LLC
~~JZd:J
'Andrew s.~
~() ~'
Michael J. arrett
STATE OF VIRGINIA
CITY OF VA.86"Aefl
; to-wit:
Page 4
I, /J~ oJ! ~~ , a Notary Public in and for the City and State aforesaid,
do hereby certify that An rew S. Fine, whose name is signed to the foregoing instrument dated
the 26th of May, 2005 did personally appear before me in my City and State aforesaid and
acknowledge the same to me.
GIVEN under my hand and seal this 26th day of May, 2005.
I~~~~i~
My commission expires: / :J...j3JI/ (J y'
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, it~.u ~ cr~ , a Notary Public in and for the City and
State aforesaid, do ereby certIfy that MIchael J. Barrett whose name IS sIgned to the foregomg
instrument dated the 26th of May, 2005, did personally appear before me in my City and State
aforesaid and acknowledge the same to me.
GIVEN under my hand and seal this 2:~~a~~
f otary Publi
My commission expires:
102-/.81 }01
f .
Page 5
Exhibit "A"
Parcell. ALL THOSE certain lots, pieces or parcels ofland together with the buildings and
improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the
City of Virginia Beach, Virginia, and being known, numbered and designated as Lots 1 through
10, inclusive, in Block 5, on a certain plat entitled, "Bean Garden Located near Virginia Beach,
Virginia in Princess Anne County", dated June 12, 1944 said plat duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 16 at page 53.
It being a portion of the same property conveyed to Salt Meadow Bay, LLC by deed of The
Runnymede Corporation dated December 19,2000 and recorded in Deed Book 4340 at page 604
and corrected and re-recorded in Deed Book 4719 at page 1488.
Page 6
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Subdivision Variance and Flood Plain Variance
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: a) Application of Theodore E. Thieman for a Variance to Section 5B of the
Site Plan Ordinance, Floodplain Regulations on property located at 1428
Campbells landing Road (GPIN 2319707733). DISTRICT 7 - PRINCESS ANNE
b) Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Jessica Xenakis and
Jeremy Daughtry. Property located at 1428 Campbells landing Road (GPIN
2319707733). DISTRICT 7 - PRINCESS ANNE
MEETING DATE: March 27,2007
. Background:
The applicant requests variances from the floodplain regulations of the Site Plan
Ordinance and the regulations of the Subdivision Ordinance to allow the creation
of a lot for a single-family house. The existing lot is 29.715 acres and is a
cultivated field with marsh on the eastern side of the property. The proposed 3-
acre lot is located within the existing lot. The proposed lot has no frontage on a
public right-of-way. Access will be from an ingress-egress easement on the
existing lot. The proposed parcel is also located completely within the floodplain
subject to special restrictions.
Section 4.4(d) of the Subdivision Ordinance requires that all newly created lots
have direct access to a public street. The Subdivision Ordinance further requires
that all newly created lots meet the requirements of the Zoning Ordinance.
Section 200 (c) of the Zoning Ordinance excludes floodplains subject to special
restrictions from counting towards minimum lot area and lot width requirements.
At least two (2) lots have already been carved out the larger parcel, shown as
Parcel 2-A on the submitted plan, one (1) lot in 1992 and one (1) in 1969. Based
on the 1994 amendments to the Agricultural zoning districts, "any lot fifteen (15)
acres or larger meeting the requirements of section 200(a) of this ordinance
lawfully created on or prior to the effective date of this ordinance may be
subdivided of right into a total of two (2) building sites provided that each lot
satisfies all state and local development regulations," (Section 402(b), City
Zoning Ordinance). The proposed Parcel 3 cannot satisfy the local zoning
regulations, as the lot width is zero (0) feet and the lot area is entirely within the
floodplain.
Theodore E. Thieman / Jessica Xenakis & Jeremy Daughtry
Page 2 of 2
. Considerations:
The site is located entirely within the floodplain of Back Bay that is subject to
special restrictions. According to the plan and survey submitted, the entire site
lies within the floodplain since the highest elevation on the site is indicated as
elevation 1.4 feet, well below the floodplain elevation in this area of 5.0 feet mean
sea level (msJ). The site will require some fill to ensure proper drainage and may
require some additional fill material for the driveway and parking in accordance
with the Virginia Uniform Statewide Building Code. The applicant's
representative has indicated that the house will be constructed on piles. This fill
material, along with the construction of the dwelling, is in conflict with Section
5B.5(b) and (c) of the Site Plan Ordinance. That section states that "no filling
shall be permitted, including filling with material excavated from the same site. .
." except for 1) the purpose of public roadway or other similar public works
construction; or 2) the maintenance of bonafide agricultural ditches or swales, or
those ditches required or proper lot drainage; 3) as provided in subdivision
5B.5(d); or 4) the City Manager, or his designee, may approve the placement of
fill provided that certain criteria are met. Additional details are provided in the
attached staff report.
Evaluation of this request reveals that the applicant has not met the criteria listed
in Section 9.3. Application of the existing ordinances and regulations produces
no undue hardship upon the site. The site can still be used in accordance with
the current zoning and under the current ordinances and regulations in place.
The rural area of the city is characterized by low, flat land and wide floodplains.
This piece of property is typical of many others in the surrounding area. Granting
this variance could prompt owners of similar properties with similar
characteristics in the rural area of the city to request this same combination of
variances in the future. Setting a precedent by allowing new residential
development within the floodplain will also compromise the City's efforts to
protect floodplains and to support and conform to the policies of the National
Flood Insurance Program. Continued granting of variances may jeopardize the
City's status under that program.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve the requests.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends denial. Planning Commission recommends
approval. ~
Submitting Department/Agency: Planning Department
City Manager~~ k-:ogQYJ"L
THEODORE E.
THIEMAN I
JESSICA XENAKIS
& JEREMY
DAUGHTRY
Agenda Items 17 &
18
February 14, 2007 Public Hearing
Staff Planner: Carolyn A. K. Smith
REQUEST:
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Subdivision Variance and Flood Pla;n Variance
17) Floodplain Variance to Section 5B.5(b) and (c) of the Site Plan Ordinance: new residential dwelling
structures in the floodplain subject to special restrictions are not permitted and filling within the
floodplain subject to special restrictions is not permitted.
18) Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance: all newly created lots must have
direct access to a public street. Section 200 (c) of the Zoning Ordinance excludes floodplain area
subject to special restrictions from counting towards minimum lot area and lot width requirements and
the Zoning Ordinance requires all newly created lots to adhere to the requirements of the Subdivision
Ordinance.
ADDRESS I DESCRIPTION: 1428 Campbells Landing Road
GPIN:
2319707733
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
3 acres
SUMMARY OF REQUEST
Existing Lot: The existing lot is 29.715 acres and is a cultivated field with marsh on the eastern side of
the property.
Proposed Lots: It is the intent of the applicant to subdivide 3.00 acres from the site to be developed for
one (1) single-family dwelling. The proposed lot has no frontage on a public right-of-way. A Subdivision
Variance is being requested.
THIEMAN, XENAKIS, AND DAUGHtRY
Agenda:Uems 1 T& 18
P~ge 1
1tem D.........;..........I Parcel 3
Lot Width in feet 125 0*
Lot Area in square feet 43,560 0*
*Variance required
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Vacant agricultural field
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
· Grass field / AG-1 Agricultural District
. Campbells Landing Road
· Single-family dwelling / AG-1 & 2 Agricultural Districts
. Marsh
· Single-family dwellings / AG-1 & 2 Agricultural Districts
· Single-family dwellings / AG-1 & 2 Agricultural Districts
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
The entire property is located within floodplain of special significance
and within the Southern Watershed Management Area, specifically the
Back Bay watershed. The elevation of this property (1.4 feet) is well
below the floodplain elevation of 5.0 feet.
AICUZ:
The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana, and is thus out of the area of concern.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Morris
Neck is a two (2) lane undivided collector. There are no plans in the current MTP for this road.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Morris Neck 600 ADT T 6,200 ADT 1 (Level of Existing Land Use 2 - 20
Road Service "C") - 9,900 ADT 1 ADT
(Level of Service "0") Proposed Land Use 3_
10 ADT
.-
Average Dally Tnps
2 as defined by 3 acres of agricultural uses
3 as defined by a single-family dwelling
WATER & SEWER: There is no City water or sewer service to this property.
THIEMAN, XENAKIS, AN6 DAUGHliRY
Agenda-Items 17~r18
Pag~ ~
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends denial of these requests.
Comprehensive Plan:
The Comprehensive Plan recognizes this site to be within the "Rural Area." The area is characterized as
low, flat land with wide floodplains and altered drainage with uses related to farming, forestry, rural
residential, and other rurally compatible uses. Land use planning policies strive to maintain the Rural
Area as "rural into the foreseeable future and, as such, it must rely on sound rural planning principles and
effective economic strategies to help maintain its character and vitality." (Pg. 162) "From providing a
legacy for a future generation of farmers, to providing habitat for wildlife, keeping taxes low, and
maintaining the rural community, the vision for our rural landscape is important." (Pg. 161)
Evaluation:
This request is contrary to the intent of the requirements of not only the Subdivision Ordinance, but also
the Zoning Ordinance and the Site Plan Ordinance.
Floodolain Variance:
The site is located entirely within the floodplain of Back Bay that is subject to special restrictions.
According to the plan and survey submitted, the entire site lies within the floodplain since the highest
elevation on the site is indicated as elevation 1 .4 feet, well below the floodplain elevation in this area of
5.0 feet mean sea level (msl). The Public Works Specifications and Standards Manual indicate that the
tidal flood elevation for the Back Bay watershed is 2.0 feet msl. In other words, it is expected that property
below 2.0 feet msl will flood at least once during a one (1) year period. While the submitted plan depicts
an area where, in 1999, an area was established for a septic field, the Health Department did not finalize
that request, and it was never approved. The applicant has reapplied and is awaiting determination from
the Health Department. It is Staff's desire to have additional information by the time of the Planning
Commission meeting regarding whether this site can be approved or disapproved for a septic system.
The site will require some fill to ensure proper drainage and may require some additional fill material for
the driveway and parking in accordance with the Virginia Uniform Statewide Building Code. The
applicant's representative has indicated that the house will be constructed on piles. This fill material,
along with the construction of the dwelling, is in conflict with Section 5B.5(b) and (c) of the Site Plan
Ordinance as described below.
Section 5B of the Site Plan Ordinance restricts development in the floodplain of Back Bay as noted:
. Section 5B.5(b) - Residential dwelling structures shall not be located within the floodplains
subject to special restrictions. . . on lots created after the effective date of this ordinance
(October 23, 2001).
. Section 5B.5(c) - No filling shall be permitted, including filling with material excavated from the
same floodplain in the bays, creeks, lakes, guts, coves, wetlands, marshes and swamps and their
THIEMAN, XENAKIS, AND DAUGHTRY
Agendp.~ltems 17 ..~. 18
Pag.e 3
tributaries comprising the Back Bay watershed south of South Birdneck Road and east of
Princess Anne Road and General Booth Boulevard.
In accordance with the City of Virginia Beach, Site Plan Ordinance - Appendix C, Section 5B.5(c)
Floodplains subject to special restrictions, "no filling shall be permitted, including filling with material
excavated from the same ..." except for 1) the purpose of public roadway or other similar public works
construction; or 2) the maintenance of bonafide agricultural ditches or swales, or those ditches required or
proper lot drainage; 3) as provided in subdivision 5B.5(d); or 4) the city manager, or his designee, may
approve the placement of fill provided that the following criteria are met:
a) One hundred (100) percent of the proposed fill within the floodplain must be mitigated to
result in no decrease in flood storage.
b) The mitigation must also provide a one (1) for one (1) replacement for the flood storage
volume of floodplain filled.
c) The areas of mitigation or replacement must be contiguous to the existing floodplain.
d) The proposed fill within the floodplain must be limited to the smallest amount of area and
fill possible to correct irregularities within the boundary of the project, and shall note
exceed five (5) percent of the total area within the flood fringe located on the property to
be filled.
e) One hundred (100) percent mitigation must be provided on-site.
In accordance with the above requirements: 100 percent of the proposed fill within the floodplain cannot
be mitigated on-site; therefore, a "no decrease" in flood storage cannot be achieved. Mitigation cannot be
provided on-site; therefore, a one (1) for one (1) replacement for the flood storage volume of floodplain
filled cannot be achieved. Mitigation or replacement cannot be contiguous to the existing floodplain since
there is no area on-site to mitigate. The proposed fill within the floodplain may not be least amount
necessary to construct a dwelling nor does it appear to correct irregularities within the boundary of the
project. Finally, one hundred (100) percent mitigation cannot be mitigated on-site as the entire site is
below the floodplain.
It is important to understand the reasoning for not allowing fill in the floodplain. First, introducing fill into
the floodplain takes up valuable flood storage that may potentially mean the difference in someone else's
structure becoming flooded in a major storm event. It is the cumulative affect of even small amounts of fill
that contribute to the flooding problem in this part of the city. Second, flooded septic systems and related
drainfields represent a health hazard and risk to property and life. The city experiences difficulties during
major storm events with property outside of the floodplain and on the fringe of the floodplain. It is
unreasonable to expect that during a significant storm event on property with elevations this low that the
proposed drainage system will function properly after a storm. In addition, this property is impacted by
not only flooding from rain events but also from flooding from wind tides.
Standards set forth in the Comprehensive Plan indicate that locating this dwelling in the floodplain of
special restrictions without opportunity for mitigation would not comply with the Plan's land use policies.
'We must orient rural residential development away from sensitive environmental resources to areas
consisting of well-drained soils and deeper water tables that are capable of handling septic systems"
(page 164). Proposed development within these areas that the Comprehensive Plan talks about should
serve to minimize impacts to the natural environment, the agricultural nature of the area, and the adjacent
rural residential community through overall site design.
THIEMAN, XENAKIS, AND DAUGHlRY
Agendaltems 17~J8
Page 4
The rural area of the city is characterized by low, flat land and wide floodplains. This piece of property is
typical of many others in the surrounding area. Granting this floodplain variance could potentially invite
other variance requests to Section 5B of the Site Plan Ordinance. In addition, granting this variance
could prompt owners of similar properties with similar characteristics in the rural area of the city to request
this same combination of variances in the future. Setting a precedent by allowing new residential
development within the floodplain without any compensation will compromise the City's efforts to protect
floodplains and to support and conform to the policies of the National Flood Insurance Program. As the
entire site is within the floodplain, there is no opportunity to mitigate whatsoever.
Subdivision Variance:
On June 29, 2006, this site was disapproved for a preliminary subdivision due to deficiencies in meeting
the floodplain requirements and the requirements of the Zoning and Subdivision Ordinances. Section
4.4(d) of the Subdivision Ordinance requires that all newly created lots have direct access to a public
street. The Zoning Ordinance requires all newly created lots to adhere to the requirements of the
Subdivision Ordinance. In addition, Section 200 (c) of the Zoning Ordinance excludes floodplains subject
to special restrictions from counting towards minimum lot area and lot width requirements.
Section 9.3 of the Subdivision Ordinance states:
No variance shall be authorized by the Council unless it finds that:
A. Strict application of the ordinance would produce undue hardship.
B. The authorization of the variance will not be of substantial detriment to adjacent property,
and the character of the neighborhood will not be adversely affected.
C. The problem involved is not of so general or recurring a nature as to make reasonably
practicable the formulation of general regulations to be adopted as an amendment to the
ordinance.
D. The hardship is created by the physical character of the property, including dimensions
and topography, or by other extraordinary situation or condition of such property, or by
the use or development of property immediately adjacent thereto. Personal or self-
inflicted hardship shall not be considered as grounds for the issuance of a variance.
E. The hardship is created by the requirements of the zoning district in which the property is
located at the time the variance is authorized whenever such variance pertains to
provisions of the Zoning Ordinance incorporated by reference in this ordinance.
At least two (2) lots have already been carved out the larger residual parcel, shown as Parcel 2-A on the
submitted plan, one (1) lot in 1992 and one (1) in 1969. Based on the 1994 amendments to the
Agricultural zoning districts, "any lot fifteen (15) acres or larger meeting the requirements of section
200(a) of this ordinance lawfully created on or prior to the effective date of this ordinance may be
subdivided of right into a total of two (2) building sites provided that each lot satisfies all state and local
development regulations," (Section 402(b), City Zoning Ordinance). However, any subdivision must
satisfy all state and local regulations. The proposed Parcel 3 cannot satisfy the local zoning regulations,
as the lot width is zero (0) feet and the lot area is entirely within the floodplain.
Evaluation of this request reveals that the applicant has not met the criteria listed in Section 9.3 as
provided above. Application of the existing ordinances and regulations produces no undue hardship upon
the site. The site can still be used in accordance with the current zoning and under the current ordinances
and regulations in place. The existing lot shares the same topographical characteristics as other lots
THIEMAN, XENAKIS, ANBDAUGHSfRY
Agend~::ltems 17 .,.~.. 18
R~,9EZ 5
within the area, and thus, a "domino effect" could occur if the door is opened by approving this variance in
conjunction with the Floodplain Variance. Staff, therefore, cannot support the request.
NOTE: a variance to the Southern Watershed Management Ordinance must also be submitted to the Planning
Department for consideration for the fill placed in the buffer and for the proposed land disturbance within the buffer.
That review is an administrative process.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
THIEMAN, XENAKIS, ANB DAUGH1HY
Agenda:1tems 17& 18
Page 6
AERIAL OF SITE
THIEMAN, XENAKIS, AN6 DAUGHTRY
Agenda.::ltems 17:& 18
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THIEMAN, XENAKIS, AN6 DAUGHTRY
Agenda Items 178t. 18
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Flood Plain Variance
CUP outdoor recreational facili
SUBDIVISION VARIANCE
Granted
Granted
ZONING HISTORY
THIEMAN, XENAKIS, AND DAUGH]'HY
Agenda Items 17::l-t8
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OlSCLOSURE S,. ~"EtAEN"
iHIEM,I>.N, )(.EN,I>.KIS. ,1>.\'40 b,l>.UGKjf\~
Agenda\terns'\ 7.&'\:
page '\
Items #17 
Theodore E. Thieman
Jessica Xenakis and Jeremy Daughtry
Floodplain Regulations
Subdivision Ordinance
1428 Campbells Landing Road
District 7
Princess Anne
February 14, 2007
REGULAR
Barry Knight: Mr. Secretary, the next item to be heard.
Joseph Strange: The next items are items #17 & #18, Theodore E. Thieman and Jessica
Xenadis and Jeremy Daughtry. An application of Theodore E. Thieman for a Variance to
Section 5B of the Site Plan Ordinance, Floodplain Regulations on property located at
1428 Campbells Landing Road, District 7, Princess Anne and appeal to Decisions of
Administrative Officers in regard to certain elements of the Subdivision Ordinance,
Subdivision for Jessica Xenakis and Jeremy Daughtry. The property is located at 1428
Campbells Landing Road, District 7, Princess Anne.
Barry Knight: Welcome again Eddie.
Eddie Bourdon: Thank you Chairman, again, Eddie Bourdon, a Virginia Beach attorney.
It is my privilege to come before the Commission this afternoon representing, actually
three generations of the same family that are here this afternoon. They are Mr. & Mrs.
Thieman, Jessie's grandparents, Jessie Xenakis and her husband Jeremy Daughtry, who
are the applicants, and Jessie's parents, Nick Xenakis and his wife Linda Thieman
Xenakis. I have some comments but if you would indulge me, I would like Jessie Xenakis
to come up. She has a very brief statement she would like to leave for the record then I'll
do comments.
Barry Knight: Welcome Jessie.
c::=....
Jessica Xenakis: Thank you. Good afternoon. My name is Jessica Xenakis. My
husband and I, Jeremy Daughtry, are life long residents of Virginia Beach. We fully
intend to continue to live in Virginia Beach. We are rooted here. Jeremy has worked for
the City for 12 years, and I'm a teacher at Back Bay Christian Academy in Pungo. We're
currently residing with my parents and are preparing for a new addition in our own
family. I grew up on Campbells Landing Road with 26 other family members. At one
point, we had five generations of family members living on the street. It was the intention
of my grandparents and their parents with the purchase of this property nearly 50 years
ago to be able to pass this on to their decedents. It is our dream to be able to provide the
same environment for our children. My parents live next door and my grandparents live
Items #17 & #18
Theodore E. Thieman, Jessica Xenakis and Jeremy Daughtry
Page 2
behind the property. Over the years, I have assisted my mother with her herb farm and I
would like to continue to helping out in the future, as well as being able to take care of
my grandparents with their daily needs. Thank you for your time. Are there any
questions?
Barry Knight: Are there any questions?
Jessica Xenakis: Thank you.
Barry Knight: Thank you.
c=..
Eddie Bourdon: Mr. Chairman, this is an application and there is a lot written up in the
write up. I'm just going to give you some overview and some little bit of history. I know
Mr. Horsley is very much familiar with. Back in the 80' s and into the 90' s, we had a lot
of round and round down in the county about how to handle development. A lot of time
was spent on the current provisions, which have lasted us for 13 years and served us very
well. They were adopted in 1994. I think, the piece and what's happened since that time
is truly remarkable because if you go back ten years to 50 years before that, it was
definitely a difficult situation. When with the current provisions that deal with the
agricultural area, and nothing is perfect, but when we did those, Mr. Baum and Mr.
Horsley were a big part of it. The Council and Planning Commission provided an
exceptional opportunity for, it is called a one-lot family member exception, if you had one
of those 15 acres, you could create one lot for a family member. All of the other things in
there such as the by-right, the Conditional Use Permit for a rural residential development
is a different issue. I want to point out because there were some questions about the
domino effect this morning. Under Section 405 for rural residential and development
under a Conditional Use Permit, you can't even do that here. Okay. One of the
requirements of that provision in our ordinance is that be at elevation 5Y2 feet. That is not
even available. So, there is no precedent or argument that some developer is coming in
and buying low land and trying to get a Use Permit to build a bunch of houses. It can't
even happen under that ordinance. And, until the year 2001 or 2002, this family could
have carved out a lot for their granddaughter as a matter of right with no political review
given the fact that it perks and the Health Department approved the septic tank. Again, in
200 1 or 2002, we adopted a Floodplain Ordinance that changes the southern part of the
city that really we're in anyway to address the situation where there is a family farm.
We're trying to create a one-lot subdivision by right for a family member. If it was
dealing with more of a large-scale, suburban type residential development that we're
trying to stay out of and away from the flag lots. This type of development for this family
who are fully familiar with this area, lived there all their lives. They did not come here.
They are not going to call the City complaining about the fact that a wind tide blows a
couple of inches off of Back Bay. It doesn't create a problem for anybody. It doesn't
create a problem for other people's property for flooding in any way, shape or form. It is
exactly the situation that we looked at in 1994. We want to preserve the opportunity. To
my knowledge, there was a situation on Colechester Road, the Riggs Family that you all
Items #17 & #18
Theodore E. Thieman, Jessica Xenakis and Jeremy Daughtry
Page 3
talked about at the informal. I think that is probably the only case that is 100 percent
similar to this. The situation for the Waterfield's and Mr. Lee that is somewhat similar,
and the other one was the wildlife sanctuary has gotten similar similarities. This is very
much the same situation as the Colechester application was. No one is harmed by it. The
house will be built on highlands so there are no finished floors. It is high enough so you
won't have flood insurance problems or issues other than to have flood insurance. But
there really isn't any harm done by this. The main thing is and I agree with what with Bill
Macali said this morning. The present argument is over use and over blunt. If I disagree
with that, which I don't, this case, in no way, sets any kind of significant precedent at all
because the opportunity for this to occur may happen a couple of more times conceivably
but there it is not anything of a grand scale. The Floodplain Ordinance is really the issue
here. We could have laid this lot out with frontage on Camphells Landing Road hut none
of the frontage would count. It is on a floodplain. If you put Campbells Landing Road up
there and the houses, all of these houses are on lots that are entirely in the floodplain. So,
none of them could be created today without the same variance. Every single one of them
because it is flat down there. It is all in the floodplain. So, we could have laid this lot out
so it had frontage but the frontage wouldn't have counted. So, we have the same variance
that we're asking for. There is a driveway here that serves the grandparent's residence
and the parent's residence will use the same driveway. Judy Thieman, who lives next-
door, has allowed it go across the corner of her lot so that it doesn't impact anybody
else's property. So, again, it is a situation that the family farm and the family exception,
that is something that a lot of people felt very strongly about. It is still in there. In some
instances, it has been used a number of times down in the county. This is only the second
time that I'm aware of that it totally fits, the other one being on Colechester Road, which
you have here. It is not opening Pandora's box by anybody's stretch of the imagination. I
will answer any questions that you may have.
Barry Knight: Thank you Mr. Bourdon. Are there any questions? No questions. Thank
you. I'll open it up for discussion.
c=..
Donald Horsley: Mr. Chairman, I guess I could start and all of you can follow. I think
this is a situation where family has worked the situation out among the family within the
family. I relate back to what Mr. Bourdon said back in the community where we allowed
for provisions for this. We had the argument that family doesn't always stay together.
But, we do believe there are families that do stay together. This is one of them that fits
that view very, very well. We've been assured this morning concerning the Floodplain
Ordinance. We're not going to lose a lot of stormwater storage here. Putting this house
up, the family has decided that is the best thing to do so we're going to build that up.
They've been there. They've seen water in the fields before. They are going to build that
house up. Grandma and grandfather they got theirs down. They're going to have theirs
up. So they have learned to adapt to this. They want to stay there with their family. And,
I don't see any reason why we shouldn't approve this. Mr. Macali has helped us out on
the domino effect. I don't think we are going to have that. With four our five, as Mr.
Bourdon says the way it is written, I think a case-by-case basis it needs to be heard
Items #17 & #18
Theodore E. Thieman, Jessica Xenakis and Jeremy Daughtry
Page 4
anyway. So, I don't have a problem with this. They got the septic tank approval and as
far as I'm concerned, that is a big issue right there in itself. So, when you're ready for a
motion, we'll move on. Mr. Henley.
Barry Knight: Thank you. Mr. Henley?
Al Henley: I will throw in a ditto that everything that Don has said especially in this day
and age. Family members are taken away from their immediate families and they work
allover the world. Either in the military or as professionals taking them allover the
place. Today, I'm very proud to say that I'm going to be in support of this application. I
think it means a great deal and says a lot to their family members here that they want to
stay together. I think there is a lot of love and affection with the families. As a matter of
fact, I know there is. I live down in the county as most of you know, and my road flies.
So, it is a big difference as Don was saying as equal to come from the west side and live
in other areas of the city or state or country and come here and they live here, and they
anticipate there is not going to be any flooding. Sure enough, the southern wind tides
come in and the street floods. They go berserk and they get afraid. You get the native
people who have lived here all their life. They know this is going to happen. They
anticipate it is going to happen. They make arrangements for it. It is an inconvenience.
I'm the first one to tell you that but I guess if the street didn't flood, I would be
disappointed. It certainly would be an improvement but the only thing that I can say that
right now, I'm not worried about setting a precedent and I'm not worried about any
developers or individuals with a battering ram trying to knock the doors down to develop
in a floodplain, but I feel very proud that I can support, especially a family member
whether it is a grandchild or a sibling or any member who wants to come back and build
on a family farm. I think we should encourage that if it can be done in accordance with
state and federal guidelines. And as Don was saying earlier, just getting the State Health
Department to have grant the septic tank is a great improvement. Once you have
accomplished that, hopefully you are on your way. I would be supporting this application.
Thank you.
Barry Knight: Thank you Mr. Henley. Mr. Bourdon. I may correct you on one thing. I
think you said three generations. It looks like there are four generations down there. Mr.
Bernas?
Jay Bernas: I got a question for staff. This might be the same question but maybe
different. But, aside from the floodplain, how many lots, I guess in the Princess Anne
area have been subdivided that don't have frontage beside the whole floodplain issue? I
mean this one doesn't. Part of this is the floodplain and part of it is the subdivision
variance? The subdivision variance is we're creating an internal lot without frontage.
Are you aware of any other instances where that has occurred?
c::::::::...
Stephen White: No. We would have to do a study. We don't have this information.
Items #17 & #18
Theodore E. Thieman, Jessica Xenakis and Jeremy Daughtry
Page 5
Eddie Bourdon: There is no doubt about the fact that there have been lots approved down
in the county without frontage, in fact, lots that were in the floodplain without frontage.
Also, I'm not disagreeing with Stephen. Stephen didn't say there weren't any. He just
hasn't looked into it. There have been and I know for a fact there have been. But more
important just so you will understand the situation. In the case for Tim Lane, that was
one. Any lot that you approve in the southern part of the city, even if it is on high ground,
if it is frontage is in the floodplain, it is considered not to have frontage. So, again, we
could have laid this lot out with road frontage. Not a problem. We will still need the
same exact variance because the frontage isn't considered to be frontage under the
Floodplain Ordinance. Okay. We did it this way to conserve and add more land and
cultivation but if it meant anything to anybody we could easily do the same lot with
frontage on Campbel1s Landing Road, meeting the requirements if it were on high land,
but it doesn't. It is not high land. All those lots, if you were creating any of them today,
would need the same Subdivision variance because none of them have frontage on a road
that counts under a Floodplain Ordinance. And that makes sense. That is what it says.
So, anytime a lot is created in the southern part of the city. I've done one in Knotts Island
within the last couple of years. I'm getting senile in myoId age. We had high land but
the frontage was in a floodplain so we had to get a subdivision variance for not having
any frontage even though it had 100 and whatever feet of frontage.
Jay Bernas: I want to ask staff another question.
Barry Knight: Certainly.
Jay Bernas: What is the basis for you recommendation for denial? Could you clarify? Is
it the floodplain? Is it the subdivision variance? Or is it both?
Stephen White: It is really both. Both of them are variances to our ordinances, which a
variance you need to show the hardship, and there are criteria that are stressed in the
ordinance provided to what a hardship is, and we didn't see there was any hardship in
either case. So, our recommendation was to deny the applications.
Jay Bernas: Did they have another alternative that I guess wasn't presented or did you
present something to them that you would approve and they didn't want to do? Or is
there really no option here?
Stephen White: We didn't get an alternative. That wasn't discussed.
c:::::=..
Barry Knight: Mr. Bernas, I hate to answer for staff but I'm very familiar with this
property down here. Basically, it is all the same elevation down there. One reason, I
think that house is strategically located where it is as opposed to being on the road. They
are very astute. They positioned their house between two babysitters, mom and dad, and
grandma and grandpa in the back. They could have positioned that house anywhere up or
Items #17 & #18
Theodore E. Thieman, Jessica Xenakis and Jeremy Daughtry
Page 6
down the road, anywhere on the family farm but they choose to put it there. They don't
have to put another driveway in there. They access the same driveway.
Eddie Bourdon: Could I try to help Mr. Bernas on just one issue. He asked the question.
Before the Floodplain Ordinance occurred, this lot would have been laid out with
frontage here coming back because this is where you want to put it for the reason why
Mr. Knight mentioned but also that is where the good soil is. It would have had frontage.
It would have been able to be approved by right. There would have been no variances
whatsoever. The subdivision variance is necessitated because now everything that is in
the floodplain doesn't count. Now, rather than make the lot large we just kept the farm
intact but we could do that as a matter to anybody that prior to the Floodplain Ordinance
would have been a by-right, done deal. We wouldn't be here. It wouldn't be in front of
the Planning Commission. It wouldn't be at City Council. So, I know they say they
oppose it for both reasons but I frankly think that the genesis of it, I don' think it can
really be reasonably argued to the contrary is the floodplain changes. So, nothing counts
as frontage. So, we can create frontage but it wouldn't count. Just like these lots are here
now. If they were to be created today, they need the same variance without having
frontage because none of the frontage counts. I respectfully suggest that is the floodplain
changes for the southern part of the city that created the need for this, and even if we had
200 feet of frontage, it wouldn't count. We still would need the same subdivision
variance. It is the Floodplain Ordinance that creates the need for both variances.
Barry Knight: Are there any other questions for Mr. Bourdon?
Don Horsley: I just want to mention that if you show that picture with the houses in the
middle Stephen, you see that the site is probably, to me, and I didn't go on the tour and I
apologize but looks like to me to be the highest spot on the field by looking at it through
the pictures. They held the camera to make it look that way. It does appear that way.
Barry Knight: If there is no other discussion, the Chair will accept the motion by Mr.
Horsley and a second by Mr. Henley. Is there any other discussion? I'll call for the
question.
AYE 10 NAY 0 ABSO ABSENT 1
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KA TSIAS AYE
L-- KNIGHT AYE
LIV AS AYE
REDMOND AYE
Items #17 & #18
Theodore E. Thieman, Jessica Xenakis and Jeremy Daughtry
Page 7
STRANGE
WOOD
AYE
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved the applications of Theodore
Thieman, Jessica Xenakis and Jeremy Daughtry.
Barry Knight: Mr. Secretary, any other items?
Joseph Strange: There are no other items.
Barry Knight: Okay. The meeting is adjourned.
AG-I
b
..
AG-J
Modification of Proffers and CUP for WaWa
4€~~:'.d~~~
(::"":w
--....'-'"
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: a) Application of Armada/Hoffler Commerce Associates, L.P. for a
Modification of Conditions for a Change of Zoning that was approved by City
Council on June 8, 2004 on property located at the southwest intersection of
Nimmo Parkway and Princess Anne Road (GPIN 1494632595 - part of). DISTRICT
7 - PRINCESS ANNE
b) Application of Wawa, Inc. for a Conditional Use Permit for gasoline sales
in conjunction with a convenience store on property located at the southwest
intersection of Nimmo Parkway and Princess Anne Road (GPIN 1494632595 - part
of). DISTRICT 7 - PRINCESS ANNE
MEETING DATE: March 27, 2007
. Background:
On June 8, 2004, the City Council granted a Conditional Change of Zoning from
AG-1 and AG-2 Agricultural Districts and B-1 Neighborhood Business District
with a Historic and Cultural District overlay to Conditional B-2 Community
Business District with a Historic and Cultural District overlay. The Change of
Zoning was necessary to allow the development of the site for a shopping center
with outparcels. The Conditional Change of Zoning has six proffers. Proffer 2
references the conceptual site plan, which depicts three (3) outparcels between
Princess Anne Road and the main strip of shops fronting Nimmo Parkway.
Proffer 5 limits the proposed uses on those outparcels. Drive-thru uses are
limited to Parcels 1 and 2, and drive-thru uses in conjunction with a restaurant
are not allowed on Parcel 3. The applicant requests a modification of the 2004
proffers to reconfigure this portion of the center into four (4) outparcels, with a
Wawa convenience store and gasoline pumps on Parcel 4 and a drive-thru in
conjunction with a restaurant on Parcel 3. The applicant also requests a
Conditional Use Permit to allow development of Parcel 4 for a convenience store
and gasoline pumps.
. Considerations:
The submitted site plan depicts a convenience store, eight fueling stations and a
canopy, associated parking, and landscaping on Parcel 4 of the Courthouse
Marketplace. The proposed building and canopy are of the same architectural
design and building materials as the existing shopping center. A unique aspect of
the proposed building is the location of entrances on both the front and the rear
of the store. The applicant met with the Historic Review Board and received
approval for the proposed building and canopy.
Armada Hoffler Commerce Associates
Wawa, Inc.
Page 2 of 3
The request for modification of the proffers is acceptable; however, the Planning
Commission's recommendation of approval was tied to the applicant removing
from Proffer 3 all references to a plaza with a statue of the mythological god
Neptune. The commission found that a statue of Neptune was not appropriate at
this location, noting that Neptune has nothing to do with the historical roots of
Princess Anne County. The commission felt a plaza and a statue are
commendable, but stressed that any statue should relate to the historic
foundations of the City of Virginia Beach and Princess Anne County rather than a
god of the Roman Empire. The applicant has submitted a revised set of proffers
that remove the reference to such a statue.
The request for a Conditional Use Permit for gasoline sales in conjunction with a
convenience store is acceptable. The applicant worked with staff and the Historic
Review Board to insure the physical layout of the site and the architectural
design of the proposed building and canopy are acceptable for the area and
consistent with the existing shopping center and surrounding municipal uses.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
recommend approval of the Change of Zoning, as proffered, but with the
elimination of the text in Proffer 3, as noted above. The commission also
recommended approval of the Conditional Use Permit, with the following
conditions:
1. The site shall be developed substantially in accordance with the submitted
"Conceptual Site Layout and Landscape Plan of WaWa at Courthouse
Center, Princess Anne Road and Nimmo Parkway", prepared by MSA, P.C.,
dated 05/01/06. Said plan has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Planning Department.
2. The proposed building and canopy shall be constructed substantially in
accordance with the submitted elevations entitled "Proposed WaWa, Princess
Anne Road and Nimmo Parkway, Virginia Beach, Virginia", dated November
4,2006, and prepared by Iynchmartinez architects, L.L.C. Said plan has been
exhibited to the Virginia Beach City Council and is on file with the Virginia
Beach Planning Department.
3. The applicant shall submit an exterior lighting (photometric) plan for review
and approval during the detailed site plan review process.
4. As per the initial recommendations of the Traffic Impact Study prepared in
2004, signalization of Nimmo Parkway and the entrance to the Judicial Center
shall not be granted.
5. The applicant shall provide pedestrian access, in accordance with Section
246 of the City Zoning Ordinance, to the existing shopping center and
adjacent out parcels.
Armada Hoffler Commerce Associates
Wawa, Inc.
Page 3 of 3
6. The applicant shall meet all the requirements of the Certificate of
Appropriateness (#01-07) approved by the City of Virginia Beach Historic
Review Board.
7. There shall be no signs installed on the windows or doors, canopy supporting
poles, or light poles.
8. No outdoor vending machines and lor display of merchandise shall be
allowed.
9. Bicycle racks shall be provided near the entrance of the store.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen~
City Manager~l. ~ ,~ ~
ARMADA I HOFFLER
COMMERCE
ASSOCIATES, L.P.
WAWA, INC.
Agenda Items 9 & 1 0
February 14, 2007 Public Hearing
Staff Planner: Faith Christie
REQUEST:
9) Modification of Proffers from the Conditional Change of Zoning from AG-1 and AG-2 Agricultural
Districts and B-1 Neighborhood Business District with a Historic and Cultural District Overlay to
Conditional B-2 Community Business District with a Historic and Cultural District Overlay, granted by
the City Council on June 8, 2004.
10) Conditional Use Permit for Gasoline Sales in conjunction with a Convenience Store
ADDRESS I DESCRIPTION: Property located at the southwest intersection of Nimmo Parkway and Princess
Anne Road
GPIN:
Part of 14946325950000
COUNCIL ELECTION DISTRICT:
7 - PRINCESS ANNE
SITE SIZE:
1.68 acres
SUMMARY OF REQUEST
Modification of Proffers
The Conditional Rezoning from AG-1 and AG-2 Agricultural Districts and B-1 Neighborhood Business
District with a Historic and Cultural District overlay to Conditional B-2 Community Business District with a
Historic and Cultural District overlay was approved by the City Council on June 8, 2004. The Conditional
Rezoning has six proffers:
ARMADA HOFFLER COMMERCE ASSOCIATES, L.P.
WAWA, INC.
Agenda Items 9 & 10
Page 1
1. When the Property is developed, the grocery store/retail facility shall be developed and
landscaped substantially as shown on the exhibits entitled (a) COURTHOUSE MARKETPLACE,
dated 6/3/03, prepared by Engineering Services, Inc., and (b) PROPOSED DEVELOPMENT
COURTHOUSE MARKETPLACE, Virginia Beach, VA, dated June 3,2003, prepared by HBA
which have been exhibited to the Virginia Beach City Council and are on file with the Virginia
Beach Department of Planning (hereinafter referred to as the "Conceptual Site Plans"). A
detailed landscape plan for the Property which is coordinated with the Grantee's landscaping
plans for Nimmo Parkway and Ferrell Parkway/Princess Anne Road, must be approved by the
Planning Director prior to issuance of a building permit. The landscape plan for the Property will
require that at least thirty percent (30%) of the new trees to be planted will be "evergreen" trees.
2. The Conceptual Site Plan depicts outparcels and illustrates a possible development layout for
each. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a
General Certificate of Appropriateness shall be obtained from the Department of Planning prior to
development of the Property. The General Certificate of Appropriateness may be issued
following review by the Historic Review Board of the architectural style and building materials of
the structures, the location, size, number and character of the proposed signage, and the
proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be
constructed on each outparcel depicted on the Conceptual Site Plan must be approved by the
Planning Director, prior to the issuance of a building permit. The Planning Director shall
determine that each building on an outparcel is appropriately oriented along the principal drive
aisles in a manner that promotes a "main street" atmosphere.
3. The architectural design and building materials of the grocery store/retail structure to be
constructed on the Property shall be substantially compatible with the architectural style and
materials depicted on the two (2) exhibits entitled "PROPOSED DEVELOPMENT COURTHOUSE
MARKETPLACE" dated June 3, 2003, prepared by HBA, which have been exhibited to the
Virginia Beach City Council and are on file with the Virginia Beach Department of Planning
(hereinafter referred to as the "Elevation Plans").
4. When the Property is developed, no internally illuminated, building mounted signage will be
permitted. Outparcels, as depicted on the Conceptual Site Plan shall be restricted to building
mounted signs only. The only freestanding signage permitted on the Property, shall be one along
the frontage of Ferrell Parkway/Princess Anne Road and one along the frontage of Nimmo
Parkway.
5. The following uses shall not be permitted on the Property: automobile repair facilities, automobile
service stations, bingo halls, car wash facilities, flea markets, heliports and helistops, mini-
warehouses, motor home sales and motor vehicle sales and rentals. In addition, on Outparcels
designated "1" and "2" on the Conceptual Site Plan, no drive through uses shall be permitted. On
the Outparcel designate "3", no drive through associated with a restaurant shall be permitted.
6. When the Property is developed, a public use, ingress-egress easement shall be dedicated over
the two drive aisles/access roads which traverse the Property perpendicular to Nimmo Parkway
curb cuts on Nimmo Parkway to the northwestern boundary line of the Property, as depicted on
the Conceptual Site Plan. The owner of the Property will agree to grant an appropriate ingress-
egress easement to serve both "Lot 16" and "Lot 22A" as depicted on the Conceptual Site Plan,
from the easternmost main drive aisle, subject to the owner(s) of Lot 16 and Lot 22A executing a
reasonable shared maintenance agreement with the Party of the First Part which reflects a
reasonable sharing of construction and maintenance costs for the drive aisles and associated
landscaping.
ARMADA HOFFLER COMMERCE ASSOCIATES, L.P.
WAWA, INC.
Agenda Items 9 & 10
Page 2
7. 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.
Proffer 2 references the conceptual site plan, which depicts the possible development layout for each
outparcel. Currently, the plan for this portion of the center depicts 30utparcels. Proffer 5 limits the
proposed uses on the outparcels. Additionally, Proffer 5 limits drive-thru uses to outparcels 1 and 2, and
does not permit drive-thru uses in conjunction with a restaurant on Parcel 3. The applicant proposes a
reconfiguration of this portion of the center into 4 outparcels. The applicant proposes a WAWA
Convenience store and gasoline pumps on outparcel 1 and a drive-thru in conjunction with a restaurant
on outparcel 3. Therefore the modifications are requested to allow the proposed development of the
outparcels.
Conditional Use Permit
The applicant requests a Conditional Use Permit to allow development of the site for a convenience store
and gasoline pumps. The submitted site plan depicts a convenience store, eight fueling stations and a
canopy, associated parking, and landscaping proposed on outparcel4 of the Courthouse Center. The
proposed building and canopy are of the same architectural design and building materials as the existing
shopping center. A unique design of the proposed building is a double entrance to the store. The
applicant met with the Historic Review Board and received approval for the proposed building and canopy
subject to the following conditions:
~ Change the landscaping plan by substituting three (3) live oaks for the three (3) willow oaks.
o The shrubs shall be allowed to grow to four (4) feet in height.
o All exterior materials will match the colors of the shopping center.
c The metal doors will be painted to match the brick color.
e Quoins will be extended to the full height of the brick wall.
o No mechanical equipment shall be visible above the roofline.
o The ends of the porch roof will be closed the same as the canopy.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Undeveloped site
SURROUNDING LAND
USE AND ZONING:
North:
. Princess Anne Road
. Across Princess Anne Road are small service uses I AG-2
Agricultural and B-1 Neighborhood Business
. Courthouse Marketplace I Conditional B-2 Business with a
Historic and Cultural District Overlay
. Nimmo Parkway and Municipal Center
. Law office I 0-2 Office
South:
East:
West:
NATURAL RESOURCE AND
The majority of the site is a grass field. There are no City-defined
ARMADA HOFFLER COMMERCE ASSOCIATES, L.P.
WAWA, INC.
Agenda Items 9 & 10
Page 3
CULTURAL FEATURES:
wetlands or floodplain areas on the subject site. The site is located
within the Courthouse Historical and Cultural District.
AICUZ:
The site is in an AICUZ of Less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP):
Princess Anne Road in front of this application is a two-lane undivided major suburban arterial.
Princess Anne Road Phase IV (CIP 2.305) will improve this section of Princess Anne Road with
construction of a four-lane parkway from Dam Neck Road to Nimmo Parkway, a distance of
approximately 2.6 miles. A 250-foot right-of-way will be acquired to provide for ultimate expansion to
eight lanes in the future. Aesthetic treatments of landscaping, street lighting, and signage will create a
typical section that establishes a unique and identifiable roadway. This roadway improvement project,
which is currently under design, will be administered by the Virginia Department of Transportation.
Construction is scheduled to begin in 2009.
Nimmo Parkway adjacent to this site is a four (4) lane divided roadway. Princess Anne Road Phase IV
(CIP 2.305) will extend Nimmo Parkway as a four-lane parkway from Princess Anne to Holland Road.
Nimmo Parkway Phase V-a (CIP 2.121) will extend Nimmo Parkway from Holland Road to General
Booth Boulevard to the east. This roadway improvement project, which is currently under design, will be
administered by the Virginia Department of Transportation. Construction is scheduled to begin in 2010.
Nimmo Parkway will be a major east/west suburban arterial when this extension is completed.
The proposed Wawa gas station and food market is shown to generate 2,604 vehicular trips per day
and 214 vehicular trips in the PM peak hour. This proposed use was not accounted for in the approved
Traffic Impact Study (TIS) for the Courthouse Marketplace by URS for Armada Hoffler dated December
23, 2003. Therefore, all of the Wawa generated vehicular trips must be considered to be over and
above the outparcel trip generation approved with the original rezoning for Courthouse Marketplace.
The approved TIS included five outparcels. The trip generation for the five outparcel uses totaled 5,321
vehicle trips per day. One of the five outparcels. outparcel 4, was shown as a proposed medical/dentist
office. A Wendy's fast food restaurant with a drive-thru site plan has been developed on the site.
Including the proposed Wawa and the Wendy's in place of the medical/dentist office outparcel, there are
now six outparcels proposed at the Courthouse Marketplace with this application, and the trip
generation for these six outparcel uses totals 10,185 vehicle trips per day. Thus, the traffic related result
of the addition of the Wawa and modification of outparcels uses is that outparcel traffic will nearly
double, with an increase of 4,864 vehicle trips per day_
The approved TIS for Courthouse Marketplace concluded that traffic signals would not be warranted at
either main shopping center access point on Nimmo Parkway. However, the un-signalized Level of
Service at both intersections was shown as "E" and "F", which indicates high delays for the shopping
ARMADA HOFFLER COMMERCE ASSOCIATES, L.P.
WAWA, INC.
Agenda Items 9 & 10
Page 4
center traffic exiting to Nimmo Parkway. If the Wawa is approved in the location shown on the site plan
near the easternmost access point on Nimmo Parkway across from the Judicial Center, traffic will be
concentrated in that intersection such that a traffic signal will likely be warranted. According to the
conclusions of the approved TIS for Courthouse Marketplace, if a traffic signal is warranted at either
intersection, the traffic signal must be built at the intersection of Nimmo Parkway and George Mason
Drive, and left turns out of and into Courthouse Marketplace at the easternmost entrance will become
prohibited. This is a Public Works requirement because, as the TIS concludes, a traffic signal at the
easternmost access point across from the Judicial Center would cause major operational problems for
Nimmo Parkway both before and after Nimmo Parkway is extended thru to General Booth Boulevard.
A full traffic siQnal bond has been posted by the Harris Teeter. Sun Trust Bank. and Wendy's for the
sianal that will be installed at the Nimmo Parkway / Georae Mason Drive intersection if a traffic siQnal
becomes warranted. The Wawa will be required at site plan submittal staae to bond for the cost of
roadway improvements required to close the median crossina on Nimmo Parkway at the easternmost
entrance to Courthouse Marketplace opposite the Judicial Center. The bond will be called if a traffic
sianal is warranted and is built at the Nimmo Parkway / Georae Mason Drive intersection.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Nimmo Parkway N/A ADT 34,900 ADT Existing Land Use L._
12,247 ADT
Princess Anne Proposed Land Use 3 -
Road 26,219 ADT 1 17,100 ADT 1 17,111 ADT
.
Average Dally Tnps
2 as defined by 2004 approved Traffic Impact Study
3 as defined by Wawa and other proposed out parcel use modifications
WATER: There is a 12-inch City water main in a public utility easement along Nimmo Parkway. The proposed
outparcels must connect to City water.
SEWER: There is a 16-inch City force main and a 42-inch HRSD force main in Nimmo Parkway. The
proposed outparcels must connect to City sewer. Analysis of Pump Station 642 and the sanitary sewer
collection system is required to ensure future flows can be accommodated.
Recommendation:
Staff recommends approval of the
requests with the submitted proffers and the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan recognizes this site to be within the Transition Area / Princess Anne. The land
use planning policies and principles focus strongly on promoting this area as a well-planned, low density,
fiscally sound and desirable destination for people to live, work, and play.
ARMADA HOFFLER COMMERCE ASSOCIATES, L.P.
WAWA,INC.
Agenda Items 9 & 10
Page 5
Evaluation:
The request for modification of the proffers is acceptable provided the outparcels are developed
substantially in accordance with the existing center and the design guidelines for retail establishments
found within the City Zoning Ordinance. The proffers listed below insure the proposed outparcels will be
developed consistent with the existing shopping center.
The request for a Conditional Use Permit for gasoline sales in conjunction with a convenience store is
acceptable. The applicant worked with staff and the Historic Review Board to insure the physical layout of
the site and the architectural design of the proposed building and canopy are acceptable for the area and
consistent with the existing shopping center and surrounding municipal uses.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107{h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(9107{h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
PROFFER 1:
Proffer number "2" in the 2003 Proffers is amended to read: The Conceptual Site Plans depict outparcels
and illustrate a possible development layout for each. With respect to Outparcels numbered 1, 2, 3 and 4,
the possible development layout for each is hereby modified by the "Conceptual Site Layout & Landscape
Plan of WAWA AT COURTHOUSE CENTER", dated 05/01/06, prepared by MSA, P.C. (hereinafter referred
to as the "Modified Partial Conceptual Site Plan"), which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning. In accordance with Section 1304 of
the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained
from the Department of Planning prior to development of the Property. The General Certificate of
Appropriateness may be issued following review by the Historic Review Board of the architectural style and
building materials of the structures, the location, size, number and character of the proposed signage, and
the proposed exterior lighting arrangements. A site plan and rendering{s) for any building{s) to be
constructed on each outparcel depicted on the Conceptual Site Plan must be approved by the Planning
Director, prior to the issuance of a building permit. The Planning Director shall determine that each building
on an outparcel is appropriately oriented along the principal drive aisles in a manner that promotes a "main
street" atmosphere.
PROFFER 2: [added to reflect action of the Historic Review Board]
Proffer number "4" in the 2003 Proffers is amended to read: When the Property is developed. no internally
illuminated. buildina mounted sianaqe will be permitted. With the exception of Outparcel 4 as depicted on the
"Modified Partial Conceptual Site Plan", all outparcels depicted on the Modified Partial Conceptual Site Plan
and those outparcels depicted on the oriqinal "Conceptual Site Plan", which outparcels are not beina
modified herein. shall be restricted to buildina mounted siqns only. The only freestandinq siqnaqe permitted
on the Property. shall be one alona the frontaae of Ferrell Parkway/Princess Anne Road, one alona the
frontaae of Nimmo Parkway. and one displayinq qas prices upon Outoarcel #4.
ARMADA HOFFLER COMMERCE ASSOCIATES, L.P.
WAWA, INC.
Agenda Items 9 & 10
Page 6
PROFFER 3:
Proffer numbered "5" in the 2003 Proffers is amended to read: The following uses shall not be permitted on
the Property: automobile repair facilities, bingo halls, car wash facilities, flea markets, heliports and
helistops, mini-warehouses, motor home sales and motor vehicle sales and rentals. In addition, on
Outparcels designated "1" and "2" on the Modified Partial Conceptual Site Plan, no drive-thru associated
with a restaurant shall be permitted. On the Outparcel designated "3", a drive-thru shall be permitted,
provided the drive-thru pick-up window is located on the north side of the building and the drive-thru is not
used in conjunction with a Quick Service Restaurant.
PROFFER 4:
When any outparcel on that portion of the Property depicted on the Modified Partial Conceptual Site Plan is
developed, the "Central Plaza Feature" shall be created substantially as shown on the exhibits entitled
"Conceptual View of Courthouse Marketplace Plaza" al'l€l "Qliltail ef KiR~ ~JIil~twREl, CewrtR9WSEl Marl,Elt~IGlse
PlaJ:6!", [struck per the direction of the Planning Commission] dated 5/31/06, prepared by HBA, which have
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning (hereinafter "Central Plaza Exhibits").
PROFFER 5:
All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #
200407120106393, save and except, Proffers 2 and 5, as specifically amended and modified herein, shall
remain in force and effect, running with the Property and binding upon the Property and upon all parties and
persons claiming under, by or through the Grantor, its heir, personal representatives, assigns, tenants, and
other successors in interest or title.
STAFF COMMENTS: The proffers listed above are acceptable as they insure that the uses on the proposed
out parcels will be of high quality and compatible to the surrounding area.
The City Attorney's Office has reviewed the proffer agreement dated May 30,2006, and found it to be legally
sufficient and in acceptable legal form.
CONDITIONS
1. The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout
and Landscape Plan of WaWa at Courthouse Center, Princess Anne Road and Nimmo Parkway",
prepared by MSA, P.C., dated 05/01/06. Said plan has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Planning Department.
2. The proposed building and canopy shall be constructed substantially in accordance with the submitted
elevations entitled "Proposed WaWa, Princess Anne Road and Nimmo Parkway, Virginia Beach,
Virginia", dated November 4,2006, and prepared by Iynchmartinez architects, L.L.C. Said plan has
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning
Department.
ARMADA HOFFLER COMMERCE ASSOCIATES, L. P.
WAWA, INC.
Agenda Items 9 & 10
Page 7
3. The applicant shall submit an exterior lighting (photometric) plan for review and approval during the
detailed site plan review process.
4. As per the initial recommendations of the Traffic Impact Study prepared in 2004, signalization of
Nimmo Parkway and the entrance to the Judicial Center shall not be granted. Additionally, if and 'Nhon
a traffic signal is installed at the intersection of George Mason Drive and Nimmo Parkway, the median
oponing at tho entrance to tho shopping Genter opposite the access point to tho .Jl::ldicial Center shall
bo modified to no longer allow left in to or left out of tho Courthouse Marketplace. [struck by Planning
Commission]
5. The applicant shall provide pedestrian access, in accordance with Section 246 of the City Zoning
Ordinance, to the existing shopping center and adjacent out parcels.
6. The applicant shall meet all the requirements of the Certificate of Appropriateness (#01-07) approved
by the City of Virginia Beach Historic Review Board.
7. There shall be no signs installed on the windows or doors, canopy supporting poles, or light poles.
8. No outdoor vending machines and / or display of merchandise shall be allowed.
9. Bicycle racks shall be provided near the entrance of the store.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
ARMADA HOFFLER COMMERCE ASSOCIATES, L.P.
WAWA, INC.
Agenda Items 9 & 10
Page 8
AERIAL OF SITE LOCATION
ARMADA HOFFLER COMMERCE ASSOCIATES. L.P.
WAWA, INC.
Agenda Items 9 & 10
Page 9
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ARMADA HOFFLER COMMERCE ASSOCIATES, L.P.
WAWA, INC.
Agenda Items 9 & 10
Page 10
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ARMADA HOFFLER COMMERCE ASSOCIATES, L.P.
WAWA, INC.
Agenda Items 9 &10
Page 11
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ARMADA HOFFLER COMMERCE ASSOCIATES, L.P.
WAWA, INC.
Agenda Items 9 & 10
Page 12
Modification of Proffers and CUP for WaWa
1.
6/8/04
8/26/86
7/11/77
Rezoning (AG-1 & AG-2 Agricultural and B-1 Business with
a Historic and Cultural Overlay to Conditional B-2 Business
with a Historic and Cultural Overlay)
Down zoning (B-1 Business to AG-1 & AG-2 Agricultural)
Rezonin (AG-1 & AG-2 A ricultural to B-1 Business)
Approved
Denied
Approved
ZONING HISTORY
ARMADA HOFFLER COMMERCE ASSOCIATES, L.P.
WAWA, INC.
Agenda Items 9 &10
Page 13
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ARMADA HOFFLER COMMERCE ASSOCIATES, l.P.
WAWA, \NC.
Agenda \terns 9 & 10
Page 14
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ARMADA HOFFLER COMMERCE ASSOCIATES, L.P.
WAWA, \NC.
Agenda \tems 9 & 10
Page 15
V/A'VA. INC.
Corporate Officers
President and Chief
Executive Officer
Richard D. \Vood. Jr.
Executive Vice President -
Administration and Finance
Edward H. Chambers
Executive Vice President -
Supply Chain, !vlarketing
and Human Resources
Howard B. Stoeckel
Senior Vice President - Law and
Government Relations,
General Counsel and Secretary
Vincent P. Anderson
Senior Vice President - Real Estate
Assistant Secretary
Joseph C. Losak
Senior Vice President - Store
Operations
Henrv J. McHuQ.h
" ~
Senior Vice President - Safety,
Quality Assurance and Finance
There du Pont
Vice President - Human Resources
Karen J. Casale
Vice President - Petroleum Supply
James K. Bluebello
Assistant Secretary and Treasurer
Anne i\.1ane Murray
Assistant Secretary
l\'lark N. Suprenant
Assistant Secretary
Roxanne Arena
DISCLOSURE STATEMENT [Addendum]
ARMADA HOFFLER COMMERCE ASSOCIATES, LP.
WAWA, INC.
Agenda Items 9 & 10
Page 16
Items #9 & #10
Armada Hoffler Commerce Associates
Wawa, Inc.
Modification of Conditions
Conditional Use Permit
2444 Nimmo Parkway
District 7
Princess Anne
February 14,2007
REGULAR
Barry Knight: Mr. Secretary, the next item to be heard.
Joseph Strange: The next items are items #9 and #10, Armada Hoffler Commerce
Associates, L.P. and Wawa, Inc. An application of Armada Hoffler Commerce
Associates, L.P. for a Modification of Conditions for a Change of Zoning that was
approved by City Council on June 8, 2004 on property located on the southwest
intersection of Nimmo Parkway and Princess Anne Road, 2444 Nimmo Parkway, District
7, Princess Anne, and item 10, an application ofWawa, Inc. for a Conditional Use Permit
for gasoline sales in conjunction with a convenience store on property located at the
southwest intersection of Nimmo Parkway and Princess Anne Road, 2444 Nimmo
Parkway, District 7, Princess Anne. This is with four proffers and nine conditions.
Barry Knight: Welcome Eddie.
Eddie Bourdon: Thank you Mr. Strange. Mr. Chairman and members of the
Commission, again for the record, my name is Eddie Bourdon, a Virginia Beach attorney,
and I have the privilege of representing both of these applicants, Armada Hoffler and
Wawa, Inc., on the applications that Mr. Strange just read. Let's step back a second. I
did want to welcome Mr. Whitney. I thought your comments this morning in the
informal were very appropriate and entertaining. I really enjoyed what you had to say. I
look forward to working with you and this great staff that you inherited. This application
from the informal discussion this morning has only three issues, that I think, need to be
discussed, and I am going to discuss two of them, and Nancy Creech, is going to discuss
the principal condition that you all have an issue with. First I want to put on the record
the Wawa plan that was reviewed by the Historic Review Board. They failed to show a
price sign. They need to have a brick faced price sign on their site. The site is not on
Nimmo Parkway or Princess Anne, as you all are aware, it is actually internal to the
actual Courthouse Market Place site. So, that was over sight on our part, and having
caught that we will go to the Historic Review Board, show them the sign that we would
propose, the typical Wawa sign is twelve feet in height. This one will be much shorter
than that. It would be on site. It won't visible from either of the major roadways. I don't
anticipate that anyone will have a problem with that, but since it is not on the plan itself,
and because it wasn't on the plan, I neglected to modify the proffer to indicate that both
Items #9 & #10
Armada Hoffler Commerce Associates
Wawa, Inc.
Page 2
of those things will take place, if you all see fit to approve this between now and this
matter going before the City Council. ThaI is issue number one. Issue number two, if
you would look at condition 4 on page 7 of this agenda item, that condition gives us some
heartburn. It deals with the fact that Courthouse Market Place today has two entrances to
it from Nimmo Parkway. Eventually, when Princess Anne Road is widened, there will be
a third entrance which will be a right in only off of Princess Anne Road on the eastern
side - northern side. This deals with the fact that at some point in the future there will be
a stop light installed at Nimmo Parkway and George Mason, which is actually down here
at the bottom (point to PowerPoint), where we currently have an entrance here and an
entrance here. Eventually, this may become signalized and bonds have been posted for
that possibility. That is the first sentence in condition 4. Obviously, we have no problem
with that. The second sentence there, however, we do not believe should be a condition
of this Use Permit. Both Armada Hoffler and Wawa are aware of the potential. Now
when that happens depending upon the traffic warrants and the traffic counts at that time
that the median break that exists here may be closed. The point there is "may". We don't
believe that this condition that says it "shall" be is an appropriate condition at this
juncture. Frankly, depending upon the status of our roadway improvements throughout
this part of the city, for instance West Neck Parkway to the west extending Nimmo
Parkway from Salem Road all the way across Holland and General Booth Boulevard, we
don't know what the traffic will be at that point. Because we're trying to create a main
street type atmosphere here, it may come to pass that this is closed temporary and opened
up when the entire road system is completed. We just don't know. The point is that we
are aware that might happen. I think that is what Traffic Engineering is telling us.
Frankly, our own traffic impact study when we did the shopping center indicated that
might be the case. It is not something that is surprising to us, but to have it as a
condition, the second sentence, we think this should not be a condition of the Use Permit
for Wawa. It should be something that will be, and is initially within the purview of the
city, and the traffic department to close that, if that is deemed necessary at that time. We
don't think it should be a condition of the Use Permit for Wawa. Those are my only two
issues. I would request, again if you all deem this application favorably upon that you
consider deleting that second sentence in condition 3 but be fully cognizant that we aware
that is a possibility. Now, Ms. Creech will come up unless you have any questions?
Barry Knight: Are there any questions of Mr. Bourdon? Ms. Anderson?
Janice Anderson: When I was reading through the application, it was my understanding
that they put the condition 4 in because of the request, that your changing and adding
another out parcel, and then your modifying what you had proffered before which has
more traffic, a lot more traffic.
Eddie Bourdon: Thank you Ms. Anderson. I neglected to mention that very important
point. The other aspect of this that was not, and I'm sure wasn't taken into account. We
didn't submit a new traffic impact study with this proposal. We eliminated two other
Items #9 & #10
Armada Hoffler Commerce Associates
Wawa, Inc.
Page 3
buildings that won't be built on the site. I believe it is something like 5,000 or 10,000 -
twu 5,000 square fuut buiklings that have been eliminated from the site. In other words,
the point that we are making, and it falls right in line with what I was saying, is that we
need to have a full impact study done when the signalization is warranted. We believe
that is what Traffic Engineering has assumed here based on this application is not
accurate. They were not aware of the fact there is 10,000 square feet of retail that is not
being constructed now on this site. Your point is very well taken. I should have
mentioned that as well. They're dealing with incomplete information. They made the
assumption because we didn't tell them otherwise that everything was the same except
this, but this isn't the case. There is 10,000 square feet of retail that was in the original
shopping center that is not going to be built.
Barry Knight: Are there any other questions of Mr. Bourdon? Mr. Bourdon, we have two
issues that you have brought up. If you would just tell me, you're asking us to modify the
proffer to let Wawa have a sign to advertise their gas prices, tell me about the sign. Is it a
monument style sign?
Eddie Bourdon: It is a monument style sign. The sign base itself is four feet seven inches
in height. The sign will be located in this area here (pointing to PowerPoint), if the
Historical Review Board approves that. They have to give a Certificate of
Appropriateness, either will be here or the other opportunity would be here. Again, this
will eventually be right in coming through here, and then going out here, which today is a
median break. It may not be in the future but there is right turn out. It will most likely be
in this location or possibly in this location.
Barry Knight: You said the key word when you said the Historical Review Board has to
approve it.
Eddie Bourdon: That is exactly right. Their larger signs are still pretty unobtrusive but
this one will be smaller. The shrubbery that will be shown around it is suppose to grow
to four feet so they would like to have a four foot brick base. We will do whatever the
staff or the Historic Review Board suggests in that regard.
Barry Knight: Thank you. Are there any other questions? Mr. Redmond?
David Redmond: Mr. Bourdon, the gas prices advertised would be digital on the sign?
Eddie Bourdon: That is what they generally do. It may not be because of the location of
the Historical District. Generally, that is what they prefer to do is digital. Again, because
of the special nature of this district, and Wawa has worked with the Historical Review
Board on their plans. This Wawa, and I'm not degrading any of the other ones, because I
think they're all attractive, have gone the extra mile to be what they asked and everything
Items #9 & #10
Armada Hoffler Commerce Associates
Wawa, Inc.
Page 4
that they have been asked. I would anticipate digital, but, again, it may not be. The
Historical Review Board will have to give us their opinion on that subject.
David Redmond: Thank you.
Barry Knight: Are there any other questions of Mr. Bourdon? Thank you.
Eddie Bourdon: The other issue, which Ms. Creech will address, is the open space
common area where it is showing a statute of King Neptune, which is all done at the
expense of the developer.
Barry Knight: I think what we will do now is that we will address the concern about the
traffic. We've addressed the concern about the monument sign, and then we will bring
Mrs. Creech up here. Thank you. Rick, will you come up here, please? This condition,
and I'm sure you heard Mr. Bourdon, and you understand Mr. Bourdon's concerns, can
you tell us why this condition is in there, specifically the second sentence. If you think
you could live with taking it out, or why you would like to see it stay in?
Rick Lowman: Okay. For the record, Rick Lowman, City of Virginia Beach Traffic
Engineering. We talked about this a few minutes ago. The reason why the condition was
put in there, and in reviewing the traffic study that was approved in December 2003, and
this was for the first part of the shopping, which is the main part, but it did include the out
parcels at that time. At that time, it looked like there was going to be five out parcels.
What I did was summarize for you, based on what was in this report what they have
proposed the last time, and then the changes that have occurred since. I didn't know
about the loss of 10,000 square foot of retail but in looking at it, that would be about 600
trips. What we're talking about is a Wawa type facility, or a gas station type facility, in
addition to the Wendy's, which I don't believe was specifically in this traffic impact
study. So, that is where I came up with the increase traffic numbers, as far as that
question goes. As far as the condition that we talked about, in the study they agreed that
there couldn't ever be a traffic signal at this intersection here because it was just too close
to this intersection in here. We worked out in the original plan we had hoped that they
could try to move the entrance back a little bit further, but that is where they wanted it to
be, and so we said "okay" and since that is where it is going to be, two conclusions were
reached through this study. Number one was that a signal would never be put here, and if
a signal was warranted in the future, that it would be placed here on George Mason. The
other condition would be that once a signal was installed at this location, that basically
this entrance would turn into nothing more than a right in/right out entrance because of
the problems with having traffic coming here. We figured that once we got a signal here
this was great access for the shopping center. The need for the lefts out would go away.
The real problem that we have and this is why we put the condition in there. We like the
condition in there. When cars turnout, as many of you know and if you have been here or
around here at 5:00 or 5:30, anytime in the afternoon, this left turn backs all the way to
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George Mason. It is impossible to turn out of the shopping center to turn left. When you
do try to turn out, you'll stack up at the intersection, which causes other problems. So,
the report and Armada Hoffler's consultant said that when a signal is put in at George
Mason that median cross over would be eliminated. That entrance would be turned into a
right in/right out. So, what we are trying to do was get that provision into the conditions
so at least the applicant would know that condition would exist in the future if a signal
was put in at that location.
Barry Knight: Mr. Lowman to kind of understand, and I heard what you said but to cut to
the chase with the way it is presented now, would you still like to see this sentence left in
there? You tell me. I know that you said there have been some changes. Some up and
some down. I don't know what the net affect is.
Rick Lowman: The net effect is that traffic in there is going to be more then what is
expected here in this report. We envisioned it at some point even with the traffic that was
generated from this report that at some point, especially when Nimmo Parkway is opened,
a signal is going to be required there. Right now, there really isn't any traffic on Nimmo
Parkway. It is just a cut through road, but once it gets opened all the way to General
Booth, you are going to have a lot of through traffic on that street, which is going to
eliminate the break in traffic that you see now for traffic to turn in and out of that
shopping center. A signal is going to be required. When this was written back in 2003, it
was envisioned that Princess Anne Road and Nimmo Parkway would be built by 2008.
We all know that we don't have a date on that project now because of the funding issues
with VDOT. So, whether a signal is going to be put in there, it may be tied to opening up
Nimmo Parkway to General Booth. That may be in the not for seeable future. So, as
long that it is acknowledged that this may happen when a signal is installed at George
Mason, if and when a signal is installed at George Mason, I think that Traffic Engineering
could take that stipulation out as long that is acknowledged by Wawa and by Armada
Hoffler that it is recommendation and it will happen if a signal is installed.
Barry Knight: Mr. Crabtree has a question.
Eugene Crabtree: Basically, that is what I was going to ask. You're going to put the
signal in at George Mason, and at the time, Traffic Engineering is going to close this left
inlleft out there, why do we need this condition on Wawa because it is not Wawa's
choice. It is not their business. They are not going to do it. The City is going to do it. It
is Traffic Engineering, so it seems to me, that it would be a mute point to put it in here
because it holds no restriction to Wawa. They know it's coming.
Rick Lowman: It would basically, and it was the thinking at the time they were basically
adding teeth because a lot of times what is included in these studies don't always make it
to the proffers or the conditions. It is just assumed this would happen. And when the
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actual time to do this happens, everybody is all upset because they are unaware that this
was ever a condition that would happen. So, [or us, it was to add more teeth.
Eugene Crabtree: They know it now.
Rick Lowman: They do.
Barry Knight: Ms. Anderson?
Janice Anderson: I can definitely agree with you Rick that when things come 4 or 5 years
down the road and it is not in writing everybody kind of forgets. Could you change it to
take out "shall" and not make it an actual condition if you just want to kind of put them
on notice and say it "may" be modified because you all have to look at it again and not
just automatic. Just to make sure that the numbers are high enough that the conditions
have not changed that you would have to close it. I think that would be the way to do it.
Rick Lowman: I think that we can definitely live with putting "may" require. Again, it
puts them on notice there is a document that does recommend it, and that city has
approved that document with Traffic Engineering and their consultant.
Barry Knight: Mr. Macali?
Bill Macali: Mr. Chairman, I shared the same thoughts as Mr. Crabtree and Ms.
Anderson about why wouldn't this be a condition ofWawa. I think the applicant will
simply acknowledge in writing and put something in the record of this proceeding that
will go to City Council that what is going to happen - what might happen, will happen,
etc. That will take care of it. There is not need for that condition. I think Mr. Bourdon
will be agreeable to doing that.
Barry Knight: Thank you Mr. Macali. Are there any other questions? Mr. Whitney?
Jack Whitney: Let me say this for the record, and to indicate that typically conditions
require performance or compliance from the applicant. It seems to me that this is more of
a nature of disclosure statement to the applicant. I understand the interest in emphasizing,
and this is a development area. Traffic is going to be managed as things change over time.
It is important that all the interested parties in that area are aware of these studies and the
potential that patterns could change. This is really a disclosure. Mr. Bourdon has made a
good point. He's acknowledge that he understands that either through an estimate in
writing on the applicant or some other way to characterize it for the record would be
preferable than putting it in as a condition on Wawa. I think, I agree with Mr. Crabtree,
and certainly Mr. Macali. The applicant is fully aware of it. I think Traffic Engineering
has made their point well. It is just a lot cleaner to separate to it as a condition.
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Barry Knight: Okay. Are there any other questions? Rick. Thanks for coming.
Rick Lowman: Sure. Thank you.
Barry Knight: Mr. Macali? Let me ask you a question. You were in the informal
session. You understand where we're going on the Wawa application. We have another
part about a statue. Would it be prudent to let Mr. Bourdon rebut now or would we like
to hear Mrs. Creech, and let Mr. Bourdon rebut in the end?
Bill Macali: I think probably having him do it at the end. It is up to the Commission.
There is no preorder.
Eddie Bourdon: I am not here to rebut.
Barry Knight: Okay.
Barry Knight: We didn't call you back up Mr. Bourdon.
Eddie Bourdon: Actually, I probably won't speak after Mrs. Creech unless there is
someone here in opposition. So, I'll save you that. I was just going to again indicate that
number one it is the traffic impact study that was done by Armada Hoffler that says this is
a first, so they are aware. Number two, Mr. Nero is here, and I will be happy to provide,
for the record, a letter from both Armada Hoffler and from Wawa acknowledging our
awareness of this possibility.
Barry Knight: Thank you. Good to see you Tiny. Mr. Strange?
Joseph Strange: No one in opposition. Ms. Creech is here.
Barry Knight: Mrs. Creech? You didn't fill out a card. If you would like to come
forward and speak we would like to have you. But I think Mr. Weeden is going to require
you to fill out a card when you get done. Welcome Nancy. Please state your name for the
record.
Nancy Creech: My name is Nancy Creech. It is nice to see all you ladies and gentlemen.
I apologize. I mistakenly thought that perhaps that Mr. Bourdon had filled out a card for
me. So, I apologize for that. It is nice to be here again, and to see all of you again. I
appreciate you hearing this. I represent the Neptune Festival. As probably most of you
know, and I'm sure your familiar with the fact that in 2005 the Neptune Festival Family,
as we hear to the members who are involved in it one on one, elected to build and to pay
for and to dedicate to the city the statue of Neptune, which sits a the boardwalk. Now
that statute is not King Neptune as represented by our annual festival. That statue is a
representation of the mythological god of the sea that goes back to civilization times to
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the Romans and to the Greeks. It represents that relationship between our City of
Virginia Beach and the sea and the shore, which is unique to our city amongst cities
many, many places certainly in the Hampton Roads area. In the early civilizations as you
know, the sea was essential to the people. That is where they got their food, and it was
their mode of transportation, and indeed, it was the mode of transportation in the late
1600's when the first settlers came to this area and established the first colonists here.
So, before there was a City of Virginia Beach and before there was any commercial,
residential, rural or agricultural, or any kind of activity here, except by the Indians, I
suppose, we had the shore. We had the sand. We had the sea. So it is a heritage that we
all share. When we built the statue we had an idea that it was going to be embraced by
the citizens as well as visitors as it has been. It has become something that has been
reproduced over and over again, everything from calendars to sports magazine to the
cover of the legislative proposal that we sent to the General Assembly, to al sorts of
things. It is on web sites everywhere. And, in fact, when we built the world's tallest
sandcastle last year during festival time, and the sandcastle builders went to go look...
Ed Weeden: You have about 45 seconds left.
Nancy Creech: I'm just going to have to talk fast. 1'm sorry. I didn't realize that. It has
just become a very popular thing. What it does, we have numerous boroughs and they all
have traditions, and they all have history. But we don't have anything that maybe brings
all of these groups together that we share as a community. As a community, the statue of
Neptune, which is fine art, has become something that we all embrace together because
the festival is something we all embrace together. And every segment of the community
from the military to the senior citizens and their children take pride in. And as such, this
is the heartbeat of our city, the municipal center, where our leadership lives and works
and provides for us, just as you do. This is the geographical center of our city. It is an
opportunity to place that symbol that speaks for all of us here at the municipal center
where we know from where we emanate and where we make our city great. It is an
opportunity to put a piece of fine art here which is happening allover America in cities,
that is being paid for by a private enterprise. I believe that Armada Hoffler doesn't have
an idea of placing something different there. This was the idea because of what it is. And
so as such, we feel that it is very appropriate. I believe it would be hard to find one other
thing that is appropriate to all of us, that would represent the commercial centers, the
residential, the beach front, and the rural areas more than this does, because again, it goes
all the way back to the very beginnings of our area. And as such, we think it would be
something that people would enjoy, and it would give us an opportunity to rally around as
we do now.
Barry Knight: Thank you Ms. Creech.
Nancy Creech: Did I use my 45 seconds?
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Barry Knight: Are there any questions for Ms. Creech at this time. Thank you ma'am.
Joseph Strange: Also speaking in support we have Tony Nero.
Barry Knight: Welcome Tony.
Tony Nero: Mr. Knight? My name is Tony Nero. I'm with Armada Hoffler. I guess by
way of disclosure, Mr. Knight was a trident with me at the Neptune Festival. Seriously,
we try to do things that I think are socially responsible and appealing to the community.
When we started designing this Wawa, and the rest of what was going to go on here, we
also wanted to take a look at the district it was going in. We have a lot of people that are
going through the municipal center and looking for places to gather, eat lunch and things
like that, and looking around there aren't a lot of those kind of focal points. I have the
pleasure this year of being Chairman of the Neptune Festival, and have been very
involved. I don't have the history that a lot of other people have in this community, but I
do have the history that I can see what the Neptune Festival means to the community. I
can't speak to the significance of the statue the way Nancy can. I'm not going to dine our
store for a statue but what we're really trying to accomplish when you think about is that
the TPC course wasn't here in the 18005 of a historical significance. So, you got to blend
all of these elements together and integrate into something that I think is social
responsible. We were trying to create a little park area where people can buy lunch, have
a place to sit, have something to talk about. That is all that we were trying to accomplish.
It was never required by the city. We were trying to be grateful and do that, and we'll
defer to the Commission. But, I want to explain why I thought it was a good idea. My
connection with the festival, and my care as a community leader on trying to do the things
that are right for the community, and for the historic district, specifically, and with that, I
will conclude my remarks.
Barry Knight: Thank you. Tony, you talked about the focal point where people gather.
You are familiar with Town Center?
Tony Nero: Yes sir.
Barry Knight: Okay. That is a nice place. I thought I would put a plug in for you on that
one. Are there any questions for Mr. Nero? Thank you Tony.
Joseph Strange: That concludes the speakers.
Barry Knight: No other speakers. I'll open it up for discussion among the
Commissioners. Mr. Henley.
Al Henley: I don't believe any on this Commission or in the City of Virginia Beach can
disagree that the Neptune Festival has been a tremendous success for the City of Virginia
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Beach. I, for one, have been a great supporter of that. It is known wherever you go that
the Neptune Festival is at Virginia Beach. It has definitely helped the City of Virginia
Beach on the map. Toward the application, I am completely in favor of the application. I
think the Market Place is a tremendous asset to the Courthouse complex. The architect is
wonderful. It coincides with the complex that we have at the Courthouse, and the
architect that will take place with the Wawa, and I am in support of that. However, the
King Neptune really strikes a point with me. I do not personally believe that it is in the
character of the Princess Anne Courthouse. If you would read in this document there is at
least six references that it is a historical district. We all know that the Historical Review
Board has reviewed the architect and all the other elements that have corne in proposal of
this particular area. King Neptune has never been heard of in Princess Anne County, City
of Virginia Beach or Maryland or anyplace else for that matter because as Ms. Creech
well mentioned, it was going on in Greek mythology and other places of the world. My
knowledge, it was never recognized on the western continent. But, all said and done, I
think that Neptune rising out of the sea on the Oceanfront is wonderful. It is quite
obviously a beautiful piece of artwork. I believe, in consideration there are other statues,
I believe there are 5 or 6 more statues to be placed in the City of Virginia Beach.
Hopefully, a review board or a commission or a group of people can get together and see
where the proper locations that these particular statues need to go. I agree that they need
to go in other places in Virginia Beach. Princess Anne Courthouse is not one of those.
Once again that is my personal opinion. Princess Anne County goes back and my family
goes back to 1599. I am proud to say that most of us are still here, both sides of my
family. I take a great deal of pride in that and always well. My children and my
grandchildren are well versed on the Princess Anne County history and what we had to
do. So, when you're speaking of history you're talking to me, something that I live and
breathe everyday because I cherish that history. I guess, to get off my soap-box, I will be
in favor of this application, but I would like a recommendation, and l' lllet some of the
other Commissioner's speak if they are so incline to do that on Proffer 3 that the wording
where it says "detail of King Neptune" be taken out of that context. Those are my
comments, and I feel very strongly on that. I do not mean to delay the intentions of
Armada Hoffler but I think a statue of some other dedication should be made in the
courtyard, I think that it would be very appropriate to do something related to agriculture,
fishing or hunting, that this area was so prominent in. Thank you very much.
Barry Knight: Thank you Mr. Henley. Is there any other discussion? Mr. Horsley.
Donald Horsley: I think Al has summarized it up pretty good, but I think there are some
things that need to be said that. Ms. Creech, I think she really hit the nail on the head
with the history of King Neptune and all that, and I have some pretty dear feelings for the
Neptune, and their activities that they carry. I have been involved in years past myself. I
think, just in this area, Virginia Beach is a diverse city. This is something that sometimes
we fail to recognize. I mean, we had Virginia Beach back many years and when
annexation occurred and we all became one, we still have diversity within the City. I
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think that this section of the city, the southern section of the city as we call it of the
county section, I think that the King Neptune reaily is not symbolic of what has taken
place here over the years of the history. Even though I haven't lived here all my life, I
lived here the better part of my life, and I think that maybe this is the right symbol for the
City to adopt. But I don't think that is the consensus to do that, and to start placing these
statues over the city. I can see what the people from down in the county are going to tell
me Ms. Nancy. What in the world are you all doing to the City? I think that places that
these statues will blend into the neighborhoods very well. Ijust don't think it is right here
at the municipal center. What we need to put here I don't know. I don't exactly know the
answer. Someone sitting in your comer don't think that is exactly the right thing either,
maybe a statue of Dick Cockrell or somebody. Who knows? But, I think we need to think
hard on that. Just don't think that statue of King Neptune would be properly located here.
So, as far as the rest of the application, I don't have any problem with that. I kind of
agree with AI that we need to eliminate this section of about the statue of King Neptune
at this time.
Barry Knight: Thank you Mr. Horsley. Mr. Redmond.
David Redmond: Mr. Chairman, before we go any further, I want to make a disclosure. I
filed a letter with the clerk. I am presently employed by Divaris Real Estate, Inc. as a
Retail Sales and Leasing Associate. DRE's principals and Armada Hoffer are partners in
some ventures, and Armada Hoffler is a client ofDRE's in other instances. At
Courthouse Marketplace, DRE's sole involvement is as the inclusive leasing
representative, though the agency of a colleague. Courthouse Marketplace is not a joint
venture of Armada Hoffler and ORE, and I do not personally provide services to Armada
Hoffler. After consulting the City Attorney's office and reviewing the applicable
provisions of the State and Local Government Conflict of Interests Act, I believe I am
able to participate in the Planning Commission's deliberations on this application fairly,
objectively, and in the public interest, and will exercise my vote. The letter is on file with
the clerk.
Barry Knight: Thank you for the disclosure Mr. Redmond. Is there any other discussion
on this? Ms. Anderson.
Janice Anderson: Ijust want to state that the statue of Neptune down at the beach is
spectacular. I think it is perfect there. I can see it becoming a symbol of the beach, but
with art everybody is going to have a different opinion. I believe that they were going
forward with the statue to be an enhancement, to be a special attraction. I applaud them
for that but I am also cognizant with the gentleman from this area and their opinion where
it may not fit here. So, I would probably support and respect that opinion.
Barry Knight: Thank you. Mr. Crabtree.
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Eugene Crabtree: I intend to agree with Jan that the statue out at the beach, like you said,
is outstanding and is appropriate. It's in an appropriate piace. Anything aiong the
Chesapeake Bay and all that part of the City would be appropriate. But with the history
of Princess Anne and the history of Princess Anne County, what it has done in the past, I
agree with Don and Al that this isn't appropriate here. I think something should be in that
area. I think there should be something in that area because I think it will enhance the
area itself. Ijust don't think the Neptune statue is it. I'm not sure a John Deere tractor
would be either but at the same point, I think we need to look for something that is a little
bit more appropriate and historical in that area. So, I will support the application but the
provision that would be withdrawn on the application.
Barry Knight: Thank you. Mr. Whitney, would you like to give us in the public forum
what comments you made about possibly founding out about placement of statues in this
location, other locations about possibly a workshop? What are your suggestions?
Jack Whitney: Reflecting back on the discussion we had in the informal session about
King Neptune and listening to this discussion, I think there is consensus that we welcome
this fine art in to the community. I think it has some iconic value. It really, along with
the documentary that was put together about its creation are really a fine, fine thing for
the City. I agree with everything that Ms. Creech said. Knowing that there may be
several of these smaller size reproductions of the original piece for placement in the
community, if the Commission is so incline, we would be happy to work with the festival
and Ms. Creech in any other appropriate interest to come up with some ideas about where
these additional pieces might be appropriately located in the community to maximize
their iconic value, and the opportunity for our citizens to experience and enjoy them
rather than kind of having to do them on an individually case by case basis attached to
rezoning or Conditional Use Permit applications. So, if that would be helpful to the
process, I would certainly offer staff's assistance in that regard.
Barry Knight: Thank you for getting those comments on the record Mr. Whitney. If there
is no other discussion, the Chair will entertain a motion.
Donald Horsley: I make a motion that the application be approved as proffered and
conditioned with the exception of the condition, which involves the King Neptune statue.
I think that needs to be eliminated.
Kathy Katias: So moved.
Barry Knight: Alright on proffer #3. Mr. Horsley, would you like to on condition #4
strike the last sentence?
Donald Horsley: Yes. In condition #4, we strike the last sentence.
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Barry Knight: Do we modify the proffer between here and Council to make mention of
the elevation or the monument sign?
Donald Horsley: Yes.
Barry Knight: Okay. We have a motion on the floor by Mr. Horsley. I have a second by
Ms. Katsias. Is there any other discussion? I'll call for the question.
AYE 10 NAY 0 ABSO ABSENT 1
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
K.A TSIAS AYE
KNIGHT AYE
LIVAS AYE
REDMOND AYE
STRANGE AYE
WOOD ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved the application of Armada
Hoffler Commerce Associates and Wawa, Inc. with the modified proffer #3 and the
modification of condition #4 before City Council.
Eddie Bourdon: Thank you all very much.
Barry Knight: Thank you.
DavalO1 S. lRedmomil
1453 Ewell Road
Virginia Beach, VA 23455
February 9, 2007
Mr. Jack Whitney
Interim Director
Virginia Beach Planning Department
2405 Courthouse Drive, Room 115
Building 2, Room 115
Virginia Beach, V A 23456
Re: Disclosure of Interest Pursuant to Virginia Code ~ 2.2-3115(H)
Dear Mr. Whitney:
I'm writing in my capacity as a Planning Commissioner for District 4 - Bayside, for the purpose
of disclosing my employer's relationship to an upcoming applicant. Armada Hoffler Commerce
Associates, L.P. and Wawa, Inc. have applied for a Modification of Proffers to a Conditional
Change of Zoning granted by the City Council on June 8, 2004 and a Conditional Use Permit for
Gasoline Sales in conjunction with a Wawa Convenience Store in the development known as
Courthouse Marketplace, which the Virginia Beach Planning Commission will consider at its
February 14,2007 meeting. I am presently employed by Divaris Real Estate, Inc. (DRE) as a
Retail Sales and Leasing Associate. DRE's principals and Armada Hoffler are partners in some
ventures, and Armada Hoffler is a client of DRE' s in other instances. At Courthouse
Marketplace, DRE's sole involvement is as the exclusive leasing representative, through the
agency of a colleague. Courthouse Marketplace is not a joint venture of Armada Hoffler and
DRE, and I do not personally provide services to Armada Hoffler.
After consulting the City Attorney's office and reviewing the applicable provisions of the State
and Local Government Conflict of Interests Act, I believe I am able to participate in the Planning
Commission's deliberations on this application fairly, objectively, and in the public interest, and
will exercise my vote.
As always, please don't hesitate to contact me if you have any questions or I can assist you in
any way.
David S. edmond
Planning Commissioner
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6512
DATE: March 16,2007
TO:
FROM:
Leslie L. Lilley
B. Kay WiISO~
DEPT: City Attorney
DEPT: City Attorney
RE: Conditional Zoning Application: Armada/Hoffler Commerce Associates
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on March 27, 2007. I have reviewed the subject proffer agreement, dated May
30, 2006 and have determined it to be legally sufficient and in proper legal form. A copy of
the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/als
Enclosure
cc: Kathleen Hassen
PREPARED BY:
~m SillS. ROURDON.
mll AHmN &. LM. P.C
FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS
ARMADA/HOFFLER COMMERCE ASSOCIATES, L.P., a Virginia limited partnership
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITI OF VIRGINIA BEACH
THIS AGREEMENT, made this 30th day of May, 2006, by and between
ARMADA/HOFFLER COMMERCE ASSOCIATES, L.P., a Virginia limited partnership,
Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of that certain parcel of property located in the
Princess Anne District of the City of Virginia Beach, Virginia, designated as Parcel "A-1"
containing approximately 16.473 acres and described in Exhibit "A" attached hereto and
incorporated herein by this reference said property hereinafter referred to as the "Property";
and
WHEREAS, the Grantor has initiated a modification to a conditional amendment to
the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to
modify conditions to the Zoning Classification of the Property; and
WHEREAS, the Grantor has requested Grantee to permit this modification of the
previously proffered Covenants, Restrictions and Conditions dated June 1, 2003
(hereinafter "2003 Proffers"), to reflect amendments applicable to the land use plan on the
Property; and
GPIN: 1494-63-2595 (Part of)
1
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to recognize
the effects of change that will be created by the proposed modification of conditions to the
zoning, 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 application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior
to the public hearing before the Grantee, as a part of the proposed modification to the
existing zoning conditions with respect to the Property, the following reasonable conditions
related to the physical development, operation, and use of the Property to be adopted, which
conditions have a reasonable relation to the proposed modification and the need for which
is generated by the proposed modification.
NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in title or interest, voluntarily and without any requirement
by or exaction from the Grantee or its governing body and without any element of
compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision
approval, hereby makes the following declaration of conditions and restrictions which shall
restrict and govern the physical development, operation, and use of the Property and hereby
covenants and agrees that this declaration shall constitute covenants running with the
Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in interest or title:
PREPARED BY:
1. Proffer number "2" in the 2003 Proffers is amended to read: The Conceptual
Site Plans depict outparcels and illustrate a possible development layout for each. With
respect to Outparcels numbered 1, 2, 3 and 4, the possible development layout for each is
hereby modified by the "Conceptual Site Layout & Landscape Plan of WAWA AT
COURTHOUSE CENTER", dated 05/01/06, prepared by MSA, P.C. (hereinafter referred to
as the "Modified Partial Conceptual Site Plan"), which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning. In
accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General
~ SYKIS. !lOnRDON.
.. Am:RN &. UVY. P.c.
2
Certificate of Appropriateness shall be obtained from the Department of Planning prior to
development of the Property. The General Certificate of Appropriateness may be issued
following review by the Historic Review Board of the architectural style and building
materials of the structures, the location, size, number and character of the proposed
signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for
any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plans or
Modified Partial Conceptual Site Plan must be approved by the Planning Director, prior to
the issuance of a building permit. The Planning Director shall determine that each building
on an outparcel is appropriately oriented along the principal drive aisles in a manner that
romotes a "main street" atmosphere.
2 Proffer number "4" in the 2003 Proffers is amended to read: When the
Property is developed, no internally illuminated, building mounted signage will be
permitted. With the exception of Outparcel 4 as depicted on the "Modified Partial
Conceptual Site Plan", all outparcels depicted on the Modified Partial Conceptual Site Plan
and those outparcels depicted on the original "Conceptual Site Plan", which outparcels are
not being modified herein, shall be restricted to building mounted signs only. The only
eestanding signage permitted on the Property, shall be one along the frontage of Ferrell
Parkway 1 Princess Anne Road, one along the frontage of Nimmo Parkway, and one
displaying gas prices upon Outparcel #4.
'?;>..z Proffer numbered "5" in the 2003 Proffers is amended to read: The following
ses shall not be permitted on the Property: automobile repair facilities, bingo halls, car
ash facilities, flea markets, heliports and helistops, mini-warehouses, motor home sales
nd motor vehicle sales and rentals. In addition, on Outparcels designated "I" and "2" on
e Modified Partial Conceptual Site Plan, no drive-thru associated with a restaurant shall
e permitted. On the Outparcel designated "3", a drive-thru use shall be permitted, provided
e drive-thru pick-up window is located on the north side of the building and the drive-
hru is not used in conjunction with a Quick Service Restaurant.
k 7- When any outparcel on that portion of the Property depicted on the Modified
Partial Conceptual Site Plan is developed, the "Central Plaza Feature" shall be created
substantially as shown on the exhibit entitled "Conceptual View of Courthouse Marketplace
PREPARED BY: Plaza" dated 5/31/06, prepared by HBA, which has been exhibited to the Virginia Beach City
1mB SY~ES. !BOURDON. Council and is on file with the Virginia Beach Department of Planning (hereinafter "Central
m Al-l![RN &. LEVY, P.C
Plaza Exhibit").
3
PREPARED BY:
'; / All of the terms, conditions, covenants, servitudes and agreements set forth in
the 2003 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, as Instrument # 200407120106393, save and except, Proffers 2 and 5, as
specifically amended and modified herein, shall remain in force and effect, running with the
Property and binding upon the Property and upon all parties and persons claiming under,
by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other
successors in interest or title.
The Grantor further covenants and agrees that:
All references hereinabove to the B-2 District and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of
approval of this Agreement by City Council, which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part
of a comprehensive implementation of a new or substantially revised Zoning Ordinance
until specifically repealed. The conditions, however, may be repealed, amended, or varied
by written instrument recorded in the Clerk's Office of the Circuit Court of the City of
irginia Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by the
Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted
by the governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as
amended. Said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded, said instrument shall be void.
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with such
· SYKES. ROURDON.
M]!]{N &. 1m. P.c.
4
I"REI"ARED BY:
rmB SYKIS, ROURDON,
OIl AllfRN &. llVY. P.C
conditions, including mandatory or prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office of
the Zoning Administrator and in the Planning Department, and they shall be recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in
the names of the Grantors and the Grantee.
5
PREPARED BY:
~ SYIG:S. ROURDON.
.. Am::RN &.lIVY. P.c.
WITNESS the following signature ancl seal:
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Grantor:
Armada/Hoffler Commerce Associates, L.P.,
a Virginia limited partnership
By: Armada Hoffler Commerce Associates, Inc.,
General Partner
By:
YJ~ (SEAL)
- Louis S. Haddad, Vice President
STATE OF VIRGINIA
CI1Y OF VIRGINIA BEACH, to wit:
&t; 11
The foregoing instrument was acknowledged before me this L day of /L~-,--
2006, ~y Louis S. Haddad, Vice President of Armada Hoffler Commerce Associat~
General Partner of Armada/HoIDer Commerce Associates; L.P., Grantor.
~..1- I ..:i/J/J~
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Notary Public
My Commission Expires: .1.- J9-~
6
PREPARED BY:
~ SYKJ:::S. !BOURDON.
m AArnN &. liVY. P.c.
EXHIBIT "A"
ALL THAT certain lot, piece or parcel ofland with the buildings and improvements thereon,
situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered
and designated as Parcel A-I, as shown on that certain plat entitled, "SUBDMSION PLAT
OF PARCEL A COURTHOUSE MARKETPLACE, Virginia Beach, Virginia", prepared by
Engineering Services, Inc., dated 9/14/05, which said plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument #
20060202000188730.
GPIN: 1494-63-2595 (Part of)
ModConditionsl Armada.HofflerCommerceAssociates/Proffer
7
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CUP for: Bulk 5
forage Yard
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: Application of David Parker for a Conditional Use Permit for a bulk storage
yard on property located at 1228 Jensen Drive (GPIN 24173267690002). DISTRICT
6 - BEACH
MEETING DATE: March 27, 2007
. Background:
The applicant requests a Conditional Use Permit to allow bulk storage of various
types of marine craft (boats, jet skis, etc.). The property is currently being utilized
for this purpose. The applicant was unaware of the need for a Conditional Use
Permit.
Currently, an eight (8)-foot timber privacy fence and an eight (8)-foot chain link
fence enclose the lot. Access to the lot is by a gravel drive from Jensen Drive.
The portions of the site being used for bulk storage are covered with crusher run
gravel.
. Considerations:
The Comprehensive Plan Map designates this area of the city as Primary
Residential, being slightly outside of Strategic Growth Area 8, East Oceana Area.
This area is constrained by high noise and an accident potential zone, which limit
the types of appropriate uses. Bulk storage of marine craft is a compatible use
within this AICUZ and APZ. Light industrial use is compatible with the
surrounding character of this area, which primarily includes some light industrial
and commercial uses. There is, however, a residential area to the south. An
adequate buffer between the applicant's use and the residences to the south will
be required for the purpose of reducing noise and aesthetically improving the
view of the site from the residential homes.
The Planning Commission placed this item on the consent agenda because they
concluded the use is appropriate for this location, the use is consistent with the
recommendations of the Comprehensive Plan, and there was no opposition at
the hearing.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request, with the following conditions:
1. A site plan depicting the overall design and layout of the bulk storage yard
shall be submitted within sixty (60) days to the Planning Department I
David Parker
Page 2 of 2
Development Services Center for review and approval. Water quality and
quantity measures shall be depicted on the plan.
2. The equipment storage yard shall be enclosed with Category VI and Category
II screening, as specified in the Landscape, Screening, and Buffering
Specifications and Standards for the City of Virginia Beach.
3. The equipment storage yard may be gravel provided water quality and fire
safety measures are implemented and approved by the Planning Department
and Fire Department. Evidence shall also be provided demonstrating that the
current foundation I gravel adequately supports material stored on site.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen~
City Manager:r k -O@"-"
DAVID PARKER
Agenda Item 5
February 14, 2007 Public Hearing
Map L-7
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Staff Planner: Leslie Bonilla
REQUEST:
Conditional Use Permit for bulk storage yard.
ADDRESS I DESCRIPTION: 1228 Jensen Drive.
GPIN:
24173267690002
COUNCIL ELECTION DISTRICT:
6-BEACH
I-I
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CUP for: Bulk Storage Yard
SITE SIZE:
61,900 square feet
SUMMARY OF REQUEST
The applicant requests a Conditional Use Permit to allow bulk
storage of various types of marine craft. The property is currently being utilized for this purpose. The
applicant was unaware of the need for a Conditional Use Permit to store marine craft material in bulk
within the 1-1 District.
Currently, an eight (8) foot timber privacy fence and an eight (8) foot chain link fence enclose the lot.
Access to the lot is by a gravel drive from Jensen Drive. The upland of the site is covered with crusher
run gravel. No buildings or pavement are planned within the confines of the site.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Marine craft bulk storage yard
SURROUNDING LAND North: .
USE AND ZONING:
South: .
East: .
West: .
Light industrial and warehouse buildings / 1-1 Light Industrial
District
Single-family homes / R-1 0 Residential District
Light industrial and warehouse buildings 11-1 Light Industrial
District
Vacant wood lot 11-1 Light Industrial District
DAVID PARKER
Agenda Item 5
P~g:e 1
NATURAL RESOURCE AND
CULTURAL FEATURES:
The site is located within the Chesapeake Bay Preservation Area and
possesses a 50-foot seaward and 50-foot landward butter. Chesapeake
Bay and Wetland Administrators on Staff have reviewed the proposal
and note that Board approval will not be required. The applicant has
agreed to obtain Chesapeake Bay Board approval if Staff finds that
approval is warranted in the future. The western portion of the site is
wooded and there are no known cultural or historical features on the
site.
AICUZ:
The site is in an AICUZ of Greater than 75 dB Ldn and within APZ 1
surrounding NAS Ocean a and is subject to an easement owned by the
Navy. The Navy has no objection to this request, as the use is
compatible with this AICUZ and APZ. A bulk storage yard for marine
craft is also allowed under the terms and conditions of the Grant of
Easement.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Birdneck
Road in the vicinity of this application is a two lane undivided minor suburban arterial. The Birdneck
Road widening project is scheduled to begin construction in 2007.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Birdneck Road 16,977 ADT 1 13,600 ADT 1 (Level of Land Use ~ - 290
Service "C")
15,000 ADT 1 (CAPACITY
/ Level of Service "D")
16,200 ADT (Level of
Service "E")
,
Average Dally Tnps
2 as defined by a 16.200 square foot bulk storage facility
WATER: No City water is required for this use. There is a 6-inch water main in Jensen Drive fronting the site.
SEWER: No City gravity sanitary sewer is required for this use. There is a private gravity main within a private
utility easement fronting the site.
STORM WATER MANAGEMENT: At minimum, the site must be graveled. Currently the lot is mostly forested
and unpaved. Compensating water quality and quantity measures must be constructed.
FIRE: The applicant must comply with the Fire Department's requests regarding separation of marine crafts
and accessibility for fire apparatus.
DAVID PARKER
Agenda lt~m5
.. P;;lg~2
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request with the conditions below.
Comprehensive Plan:
The Comprehensive Plan Map designates this area of the city as Primary Residential, being slightly
outside of Strategic Growth Area 8, East Oceana Area. This area is constrained by high noise and an
accident potential zone, which limit the types of appropriate uses.
Evaluation:
High noise and accident potential zones limit allowable development and uses on the site. Bulk storage
of marine craft is an allowable light industrial use that is compatible with the surrounding character of this
area, which primarily includes some light industrial and commercial uses. There is, however, a residential
area to the south. An adequate buffer between the applicant's light industrial use and the residences to
the south will be required for the purpose of reducing noise and aesthetically improving the view of the
site from the residential homes. As such, Staff recommends approval of the request with the conditions
listed below.
CONDITIONS
1. A site plan depicting the overall design and layout of the bulk storage yard shall be submitted within
sixty (60) days to the Planning Department / Development Services Center for review and approval.
Water quality and quantity measures shall be depicted on the plan.
2. The equipment storage yard shall be enclosed with Category VI and Category II screening, as
specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of
Virginia Beach.
3. The equipment storage yard may be gravel provided water quality and fire safety measures are
implemented and approved by the Planning Department and Fire Department. Evidence shall also be
provided demonstrating that the current foundation / gravel adequately supports material stored on
site.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPT ED) concepts and strategies as they pertain to this site.
OAVID PAR~ER
. Agendalt~~ 5
Pag~3
AERIAL OF SITE LOCATION
DAVID PARIL(ER
"Agenda Jt~t)15
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1
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DATE
4/22/03
2/25/03
8/14/89
9/28/93
2/27/89
2/10/98
12/10/91
6
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CUP for: Bulk Storage Yard
REQUEST
Conditional Use Permit Bulk Stora e
Conditional Use Permit Bulk Stora e
Conditional Use Permit Auto Re air
Conditional Use Permit Auto Re air & Bulk Stora e
Zoning Change (R-10 to 1-1)
Zonin Chan e R-10 to 1-1
Conditional Use Permit Church Addition
ACTION
Granted
Granted
Granted
Granted
Granted
Granted
Granted
ZONING HISTORY
DAVID PAR,ER
. Agendalt~~ 5
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DISCLOSURE STATEMENT
DAVID PARKER
. 'Agenda It~rn 5
P~9'e ?
Item #5
David Parker
Conditional Use Permit
1228 Jensen Drive
District 6
Beach
February 14,2007
CONSENT
Janice Anderson: The next application is agenda item #5. That is the application of
David Parker. It is for a Conditional Use Permit for a bulk storage yard on property
located at 1228 Jensen Drive in the Beach District. Mr. Bourdon?
Eddie Bourdon: Madame Secretary, Mr. Chairman and members of the Commission, for
the record, my name is Eddie Bourdon, I'm a Virginia Beach attorney representing Mr.
Parker. We really appreciate being on the consent agenda. The three conditions
recommended by staff are acceptable.
Janice Anderson: Thank you. Is there any opposition to this application being placed on
the consent agenda? The Chairman has asked Jay Bernas to review this application.
Jay Bernas: Thank you. This is an application for a Conditional Use Permit for a bulk
storage yard that is located at 1228 Jensen Drive in the Beach District. Basically, the
applicant was operating using this site as a bulk storage yard but didn't know that he
needed to get a Conditional Use Permit. Once they realized that, they worked with staff
to get this rectified. So, basically they would like to use this site for bulk storage for
marine craft. Currently, there is an eight (8) foot timber privacy fence and an eight (8)
foot chain link fence that encloses the lot. In addition, this is located in a high noise and
Accident Potential Zone that limits the use. We feel that a bulk storage is compatible
with the current zoning. In addition, due to the surrounding neighborhood to the south,
we have ask that they provide Category 6 and Category 2 screening to provide additional
buffer to the adjacent neighborhood. Therefore, we felt that this was approvable on the
consent agenda.
Janice Anderson: Thank you Jay. Mr. Chairman, I have a motion to approve the
following item on the consent agenda. It is agenda item 5.
Barry Knight: There is a motion on the floor. Mr. Crabtree? There is a motion on the
floor to approve the consent agenda item. The motion was made by J an Anderson and
seconded by Gene Crabtree. Is there any discussion? I'll call for the question.
AYE 10
NAY 0
ABSO
ABSENT 1
c:::::::::..
ANDERSON AYE
Item #5
David Parker
Page 2
BERNAS
CRABTREE
HENLEY
HORSLEY
KA TSIAS
KNIGHT
LIV AS
REDMOND
STRANGE
WOOD
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
AYE
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved item 5 for consent.
c=..
- 48-
Item V-K.6.
PLANNING
ITEM # 54969
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED
Ordinance upon application of TANK LINES, INC. for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF TANK LINES, INe. FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO
CONDITIONAL I-I Z02061242
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Tank Lines, Inc. for a Chanf!e of Zoning
District Classification from B-2 Community Business District to
Conditional 1-1 Light Industrial District on property located at 1357
Diamond Springs Road (GPIN 14690099940000). The Comprehensive
Plan designates this site as being within Strategic Growth Area #1,
suitable for major corporate, employment and industrial uses. The
purpose of this rezoning is to construct an officelwarehouse. DISTRICT
4 -BAYS/DE
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the
Circuit Court.
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 Twenty-eighth of February, Two
Thousand Six
Voting:
10-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.
Maddox, Mayor Meyera E. Obemdorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Robert M. Dyer
February 28, 2006
- 35 -
Item v'K.2.
PLANNING
ITEM # 56205
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until
the City Council Session of March 27, 2007, Ordinances upon application of VALUE PLACE REAL
ESTATE SERVICES, LLC. for a Modification of Proffers to allow a change of use from an
office/warehouse facility to the development of a hotel (approved on February 28, 2006) and a
Conditional Use Permit for a hotel:
ORDINANCE UPON APPLICATION OF VALUE PLACE REAL
ESTATE SERVICES, L.L.C FOR A MODIFICATION OF PROFFERS
Ordinance upon application of Value Place Real Estate Services, L.L.C
for a Modification of Proffers approved by City Council on February 28,
2006. Property is located at 1357 Diamond Springs Road (GPIN
1469009994). DISTRICT 4 - BAYSIDE
AND,
ORDINANCE APPLICATION OF VALUE PLACE REAL ESTATE
SERVICES, L.L.c. FOR A CONDITIONAL USE PERMIT FOR A
HOTEL
Ordinance Application of Value Place Real Estate Services, L.L.Cfor a
Conditional Use Permitfor a hotel on property located at 1357 Diamond
Springs Road (GPIN 1469009994). DISTRICT 4 - BAYSIDE
Voting:
11-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 13, 2007
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: a) Application of Value Place Real Estate Services, L.L.C. for a Modification
of Proffers approved by City Council on February 28,2006. Property is located at
1357 Diamond Springs Road (GPIN 1469009994). DISTRICT 4 - BAYSIDE
b) Application of Value Place Real Estate Services, L.L.C. for a Conditional
Use Permit for a hotel on property located at 1357 Diamond Springs Road (GPIN
1469009994). DISTRICT 4 - BAYSIDE
MEETING DATE: March 27, 2007
. Background:
A Conditional Rezoning from B-2 Community Business District to 1-1 Light
Industrial District was approved by the City Council on February 28, 2006. The
purpose of the rezoning was to allow redevelopment of the site for office-
warehouse facilities for Tank Lines. The site is now being proposed for a hotel,
which necessitates modification of the 2006 proffers, as they tied that rezoning to
a specific site plan for the office-warehouse facility.
On March 13, 2007, the City Council deferred this application to allow the
applicant time to meet with the Northwest Beach Partnership, who had requested
such an opportunity.
. Considerations:
The applicant proposes to redevelop the subject site for a 121 unit limited service
hotel. The applicant has emphasized to staff that its hotels focus on providing a
quality, low-cost hotel alternative, and the choice of the subject site is designed
to meet that need in this area, which is predominantly devoted to transportation
and warehousing. The hotel will offer lodging to drivers of long-distance trucks, to
sales representatives doing business with firms in the immediate area, as well as
general travelers. Staff, therefore, concludes that the hotel will provide a needed
service in this area.
The proposal is well-organized and configured to promote safe and functional on-
site access and circulation. The proposed hotel use and accompanying
modification to the proffered covenants and development restrictions are
consistent with the Comprehensive Plan's land use development policies
established for this area.
The hotel's exterior is a simple traditional design using a "Hardiplank" lap siding
in two complementary colors with mullioned windows. The building will be four
stories in height, topped with a gable end asphalt composition shingled roof.
Value Place Real Estate Services, L.L.C.
Page 2 of 2
The proposed site design for the hotel utilizes the required stormwater
management facility as an entrance feature with fountains fronting along
Diamond Springs Road. The hotel is situated centrally on the lot with parking
along the sides and rear of the hotel. An existing buffer of trees along the rear of
the property will be maintained.
The Planning Commission placed the items on the consent agenda because they
concluded the use is a quality complementary use in the area, the proposal is
consistent with the recommendations of the Comprehensive Plan, and there was
no opposition to the request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve the requests, as proffered.
. Attachments:
Staff Review
Disclosure Statement
Planning Commission Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Departmen+-
City Manager: ~ ~. ~~
VALUE PLACE
REAL ESTATE
SERVICES, LLC
Agenda Items 6 & 7
February 14, 2007 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
6) Modification of Proffers from the Conditional Change of Zoning from B-2 Community Business
District to Conditional 1-1 Industrial District granted by the City Council on February 28,2006.
7) Conditional Use Permit for a hotel.
ADDRESS I DESCRIPTION: Property located at 1357 Diamond Springs Road.
GPIN:
14691009070000
COUNCIL ELECTION DISTRICT:
4 - BA YSIDE
SITE SIZE:
2.399 Acres
SUMMARY OF REQUEST
A Conditional Rezoning from B-2 Community Business District
to 1-1 Light Industrial District was approved by the City Council on February 28, 2006. The Conditional
Rezoning has two (2) proffers:
1. When the property is developed, in order to achieve a coordinated design and development on
the site in terms of vehicular access, parking, building orientation, building appearance and
landscaping, the conceptual site plan and building elevations entitled "NEW SHELL OFFICE -
WAREHOUSE BUILDING TANK LINES, Virginia Beach, Virginia" (pages 1 and 2), dated
8/30/2005, prepared by Lyall Design Architects, which has been exhibited to the Virginia Beach
City Council and is on file with the Virginia Beach Department of Planning ("Conceptual Plan")
shall be substantially adhered to.
2. 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.
VALUE PLACE REAL ESTATE SERVICES, LLC
Agenda Items 6 & 7
Page 1
Proffer 1 describes a site plan and building elevations for an office warehouse. This proffer is requested
for modification to accommodate a new proposal to build a hotel on this site.
The proposed site design for the hotel utilizes the required stormwater management facility as an
entrance feature with fountains fronting along Diamond Springs Road. The hotel is situated centrally on
the lot with parking along the sides and rear of the hotel. An existing buffer of trees along the rear of the
property will be maintained.
The hotel's exterior is a simple traditional design using a "Hardiplank" lap siding in two complementary
colors with mullioned windows. The building will be four stories in height, topped with a gable end asphalt
composition shingled roof.
The proposed 121-unit limited service hotel will operate 365 days a year, 24 hours a day. An employee
will be available on-site at all times to serve customers and to oversee day-to-day operations. A
manager's office will be open Monday through Friday during the day and on Saturdays half a day.
LAND USE AND ZONING INFORMATION
EXISTING LAND USE: Commercial site with paved parking.
SURROUNDING LAND
USE AND ZONING:
North:
South:
East:
. Office-warehouse /1-1 Light Industrial District
. Retail/ B-2 Community Business District
. Across Diamond Springs Road is an office building / B-2
Community Business District
. Warehouse /1-1 Light Industrial District
West:
NATURAL RESOURCE AND
CULTURAL FEATURES:
There are no significant natural resources or cultural features associated
with this site.
AICUZ:
The site is in an AICUZ of less than 65 dB Ldn surrounding NAS
Oceana.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Diamond
Springs Road in the vicinity of this application is considered a four-lane divided minor suburban arterial.
The Master Transportation Plan proposes a six-lane divided facility within a 150 foot right-of-way. No
Capital Improvement Program projects are slated for this area. One ingress/egress access point is
proposed in the same location as the existing entrance.
VALUE PLACE REAL ESTATE SERVICES, LLC
Agenda Items 6 & 7
Page 2
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Diamond Springs 31,698 ADT 28,200 ADT (Level of Existing Land Use L -
Road Service "C") 50 ADT
30,600 ADT 1 (Level of Proposed Land Use 3 -
Service "D") / capacity 880 ADT
32,800 ADT 1 (Level of 41 AM Peak Hour
Service "E") Vehicles (entering)
45 PM Peak Hour
Vehicles (entering)
,
Average Dally Tnps
2 as defined by existing office I storage
3 as defined by hotel - limited services
Traffic Engineering may have some concerns with the precise entrance location. This concern can be
addressed during site plan review through DSC.
WATER: This site must connect to City water. There is a 12-inch City water main on Diamond Springs Road.
SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station 326 and the sanitary sewer
collection system is required to ensure future flows can be accommodated. There are two 10-inch City sanitary
sewer gravity mains on Diamond Springs Road.
HRSD: There is a 20-inch and 48-inch HRSD force main on Diamond Springs Road fronting the site.
FIRE & EMERGENCY SERVICES: No comment at this time. The Fire Department comments will be provided
during the site plan review process.
POLICE DEPARTMENT: Provide a photometric plan during site plan review. All lighting on the site should be
consistent with those standards recommended by the Illuminating Engineering Society of North America.
EVALUATION AND RECOMMENDATION
Recommendation:
Staff recommends approval of this request with the submitted proffer provided below.
Comprehensive Plan:
The Comprehensive Plan recognizes this area as being within Strategic Growth Area 1. Development
proposals in this major evolving employment corridor must demonstrate a commitment to design and
materials especially when viewed from adjacent major thoroughfares, Northampton Boulevard and
Diamond Springs Road.
Evaluation:
The proposed hotel will provide a needed service for this area, which is predominantly devoted to
transportation and warehousing, as the hotel will offer lodging to drivers of long-distance trucks, to sales
representatives doing business with firms in the immediate area, as well as general travelers. The
VALUE PLACE REAL ESTATE SERVICES, LLC
Agenda Items 6 & 7
Page 3
applicant has emphasized to staff that its hotels focus on providing a quality, low-cost alternative to other
hotels, and the choice of the subject site is designed to meet that need in this area. Staff concludes that
this proposal is well-organized and configured to promote safe and functional on-site access and
circulation. The proposed hotel use and accompanying modification to the proffered covenants and
development restrictions are consistent with the Comprehensive Plan's land use development policies
established for this area.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(91 07(h)(1 )). Should this application be approved, the proffers will be recorded at the Circuit Court and serve
as conditions restricting the use of the property as proposed with this change of zoning.
MODIFIED PROFFER 1:
When the Property is developed, in order to achieve a coordinated design and development on the site in
terms of vehicular access, parking, building orientation, building appearance and landscaping, the
conceptual site plan entitled "Value Place Hotel, 1357 Diamond Springs Road, Virginia Beach, Virginia",
dated October 26, 2006, prepared by Woolpert, Inc. and the building elevation entitled "Value Place Hotel,
Virginia Beach, Virginia", dated October 24,2006 prepared by Howard & Helmer Architects, P.A., which
have been exhibited to the Virginia Beach City Council ("City Coucnil") and are on file with the Virginia
Beach Department of Planning (collectively, the "Concept Plan") shall be substantially adhered to..
EXISTING PROFFER 2 TO REMAIN:
Further conditions may be required by the Grantee during detailed Site Plan review and administration of
applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code
requirements.
STAFF COMMENTS: The modified proffers listed above are acceptable as they continue to dictate the level
of quality of the project and ensure its consistency with the Comprehensive Plan recommendations.
The City Attorney's Office has reviewed the amendment to the proffer agreement dated November 1, 2006,
and found it to be legally sufficient and in acceptable legal form.
NOTE: Further conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
VALUE PLACE REAL ESTATE SERVICES, LLC
Agenda Items 6 & 7
Page 4
AERIAL OF SITE LOCATION
VALUE PLACE REAL ESTATE SERVICES, LLC
Agenda Items 6& 7
Page 5
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VALUE PLACE REAL ESTATE SERVICES, LLC
Agenda Items 6 & 7
Page 7
1 02/28/06 Conditional Rezoning from B-2 to 1-1 Granted
2 04/11/00 Conditional Use Permit (communications facility) Granted
3 12/08/98 Conditional Use Permit (automobile repair garage) Granted
4 06/24/97 Street Closure Granted
5 08/27/91 Conditional Use Permit (recreational facility) Granted
6 09/11/89 Conditional Rezoning from B-2 to 1-1 Denied
7 09/11/89 Subdivision Variance Granted
8 02/27/89 Conditional Rezoning from R-5D to B-2 Granted
ZONING HISTORY
VALUE PLACE REAL ESTATE SERVICES, LLC
Agenda Items 6 & 7
Page 8
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VALUE PLACE REAL ESTATE SERVICES, LLC
Agenda Items 6 & 7
Page 9
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VALUE PLACE REAL ESTATE SERVICES, LLC
Agenda Items 6 & 7
Page 10
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VALUE PLACE LI.C
Officers for
Value Place Rea) Estate Services L.L.c.
Member: Value Place L.L.c.
Chairman: Jack P. DeBoer
CEO: Greg Kossover
President: David Redfern
CFO and Secretary: Randy Shaffer
Assistant Secretary: Bill Wagner
Assistant Secretary: Todd Richardson
Assistant Secretary: Kevin Jantzen
ScniQrVice-President:
Senior Vice-President:
Douglas G. Rupe
Phil White
<~621 E.:!J~:St.r""Cl?"".Stlil;;;250 . \Vk;h~ta~Kans;::s (;7206 316.6'~IHl:~.~()fpJ. ,1hJ):~11~:;~~il'l
LO\Y COST . CLEA:\ . SAFE . SI'\WLE
DISCLOSURE STATEMENT
VALUE PLACE REAL ESTATE SERVICES, LLC
Agenda Items 6 & 7
Page 11
Items #6 & #7
Value Place Real Estate Services, L.L.c.
Modification of Proffers
Conditional Use Permit
1357 Diamond Springs Road
District 4
Bayside
February 14,2007
CONSENT
Janice Anderson: The next items are agenda items #6 & 7. Those are the applications of
Value Place Real Estate Services, L.L.c. This is for a Modification of Proffers that were
approved by City Council on February 28,2006. The property is located at 1357 Diamond
Springs Road. It also involves an application for a Conditional Use Permit for a hotel
located on the same property. This is in the Bayside District. Mr. Romine? Welcome.
Steve Romine: Thank you. Good afternoon. Chairman and members of the
Commission, my name is Steve Romine, a local attorney for Value Place. We appreciate
being put on the consent agenda. The Modification of Proffers, as recommended by staff
is acceptable to us.
Janice Anderson: Thank you.
Steven Romine: Thank you.
Janice Anderson: Is there any objection to these two items being placed on the consent
agenda? The Chairman has asked David Redmond to review these applications for us.
David Redmond: Mr. Chairman, a Conditional Rezoning from B-2 Community Business
District to I-I Light Industrial District was originally approved by the City Council on
February 28, 2006. The original application described a site plan and building elevations
for an office warehouse. This proffer, which is requested for modification is to
accommodate a new proposal to build a hotel on this site. Specifically, a 121 unit limited
service hotel that would operate 365 days a year and for 24 hours a day. The proposed
site design for the hotel utilizes the required stormwater management facility as an
entrance feature with fountains fronting along Diamond Springs Road. The hotel is
situated centrally on the lot with parking along the sides and rear of the hotel. An
existing buffer of trees along the rear of the property will be maintained. The
Commission is unaware of any opposition to this proposal. We believe it would be an
attractive addition to this corridor that would further diversify the product in the Bayside
District. As a result, we believe was most appropriate for the consent agenda. Thank you.
Janice Anderson: Thank you Dave. Mr. Chairman, I have a motion to approve the
following items on the consent agenda, They are agenda items 6 and 7.
Items #6 & #7
Value Place Real Estate Services, L.L.c.
Page 2
Barry Knight: There is a motion on the floor. Mr. Crabtree? There is a motion on the
floor to approve the consent agenda item. The motion was made by Jan Anderson and
seconded by Gene Crabtree. Is there allY uisl:Ussiun? I'll call [or the question.
AYE 10 NAY 0 ABSO ABSENT 1
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY AYE
KA TSIAS AYE
KNIGHT AYE
LIV AS AYE
REDMOND AYE
STRANGE AYE
WOOD ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved items 6 and 7 for consent.
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6623
DATE: February 28, 2007
FROM:
Leslie L. Lilley ~
B. Kay WilSO~
DEPT: City Attorney
DEPT: City Attorney
TO:
RE: Conditional Zoning Application: Value Place Real Estate Services, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on March 13, 2007. I have reviewed the subject proffer agreement, dated
November 1, 2006 and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/als
Enclosure
cc: Kathleen Hassen
TANK LINES, INC., a Virginia Corporation
TO (AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia.
THIS AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS ("Amendment") made this 1 st day of November 2006, by and between TANK
LINES, INC., a Virginia corporation, Grantor, and THE CITY OF VIRGINIA BEACH, a
municipal corporation ofthe Commonwealth of Virginia, Grantee, provides and states as
follows:
WITNESSETH:
WHEREAS, Grantor is the owner of a parcel of real property located in the City of
Virginia Beach, Virginia, containing 2.399 acres of land commonly referred to as 1357 Diamond
Springs Road, Virginia Beach, Virginia, GPIN #1469-00-9994 (previously GPIN #1469-10-0907
and part of GPIN # 1469-10-0669), more particularly described in Exhibit A, attached hereto and
incorporated herein by reference ("Property");
WHEREAS, on February 28, 2006, the City Council of the City of Virginia Beach,
Virginia, approved a conditional amendment to the Zoning Map of the City of Virginia Beach,
Virginia, so as to change the Zoning Classification of the Property from B-2 Commercial District
to Conditional I-I Industrial District.
WHEREAS, an Agreement of Proffered Covenants, Restrictions and Conditions executed
by Grantor was recorded March 8, 2006 as Instrument Number 20060308000354540 in the
Clerk's Office of the City of Virginia Beach, Virginia (the "Proffered Conditions") in connection
with the conditional amendment to the Zoning Map; and
WHEREAS, Grantor and Grantee desire to amend the Proffered Conditions as herein
provided in order to allow for the design and development of the Property in accordance with a
new conceptual site plan and building elevations.
NOW, THEREFORE, the Grantor, its successors, assigns, grantees and other successors
in titJe or interest, voluntarily and without any element of compulsion or quid pro quo for zoning,
rezoning, site plan, building permit, or subdivision approval, hereby make the following
amendment to the Proffered Conditions which shall restrict and govern the physical
development, operation, and use of the Property and hereby covenant and agree that this
Amendment shall constitute covenants running with the Property, which shall be binding upon
GPIN: 1469-00-9994 (previously GPIN #1469-10-0907 and part ofGPIN #1469-10-0669)
Prepared by: LeClair Ryan, A Professional Corporation
999 Waterside Drive, Suite 2525
Norfolk, Virginia 23510
the Property and upon all parties and persons claiming under or through the Grantor, its
successors, assigns, grantees and other successors in interest or title:
1. Item # 1 of the Proffered Conditions is hereby amended by deleting the existing sentence
and replacing it with the following sentence:
"When the Property is developed, in order to achieve a coordinated design and
development on the site in terms of vehicular access, parking, building orientation,
building appearance and landscaping, the conceptual site plan entitled "Value Place
Hotel, 1357 Diamond Springs Road, Virginia Beach, Virginia", dated October 26,2006
prepared by W oolpert, Inc. and the building elevation entitled "Value Place Hotel,
Virginia Beach, Virginia", dated October 24,2006, prepared by Howard & Helmer
Architects, P .A., which have been exhibited to the Virginia Beach City Council ("City
Council") and are on file with the Virginia Beach Department of Planning (collectively,
the "Concept Plan") shall be substantially adhered to."
Grantor further covenants and agrees that:
The above amendment having been proffered by Grantor and allowed and accepted by
Grantee as part of the amendment to the Zoning Ordinance shall continue in full force and effect
until a subsequent amendment changes and zoning of the Property and specifically repeals such
conditions. Such conditions shall continue despite a subsequent amendment to the Zoning
Ordinance even if the subsequent amendment is part of a comprehensive implementation of a
new or substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record
owner of the Property at the time of recordation of such instrument, provided that said instrument
is consented to by Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of Grantee, after a public hearing before Grantee
which was advertised pursuant to the provisions of Section 15.2-2204 ofthe Code of Virginia,
1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded, said instrument shall be void.
Grantor covenants and agrees that:
1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all
necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including
the authority (a) to order, in writing, that any noncompliance with such conditions be
remedied, and (b) to bring legal action or suit to insure compliance with such conditions,
2.
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 ofthe Zoning Administrator, made pursuant to these
provisions, Grantor shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
4. The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the 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 Grantor and Grantee.
WITNESS the following signature and sed:
GRANTOR:
By:
Name:
Title:
C., a Virginia corporation
(SEAL)
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledge before me this 15J:' day of AJcNe~
2006 by Charles R. Malbon, Jr., as President of Tank Lines, Inc., a Virginia corporation, on
behalf of said corporation.
My Commission Expires:
1/3,),
I
3.
EXHIBIT A
PROPERTY DESCRIPTION
ALL THAT certain tra.~ piece or parcel of land, lJing, situate and being in the City
of VIrginia Beach, Virginia, designated as CPARCEL XUV-B>>, on that certain plat
entitled "RESUBDMSION OF PARCEL XUV, AIRPORT INDUSTRIAL PARK -
BAYSIDE (MB 116, PG 25) AND 11iE PROPER1Y OF CLARA S. MALBON
(Instrument No. 200310170169982) Virginia. Beach, Vu-ginia". prepared by
Engineering Services, Inc., and duly recorded in the Clerk's office of the Circuit
Court of the City of Virginia Beach, Vtrginia, as Instrument 1# 20051215002001950.
GPIN #1469-00-9994
(previously GPIN #1469-10-0907 and part ofGPIN #1469-10-0669)
4.
P. APPOINTMENTS
HEAL TH SERVICES ADVISORY BOARD
Q. UNFINISHED BUSINESS
R. NEW BUSINESS
S. ADJOURNMENT
TOWN HALL MEETINGS
April 17
September 18
November 20
Location To Be Announced -7:15 pm
Location To Be Announced -7:15 pm
Location To Be Announced - 7:15 pm
CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE
April 10 (Workshop)
April 17 (Workshop)
April 19 (Public Hearing)
April 24 (Workshop)
April 24 (public Hearing)
May 1 (Workshop)
May 8 (Reconciliation Workshop)
May 15 (Adoption)
Council Conference Room
Council Conference Room
Bayside High School at 6:00 p.m.
Council Conference Room
Council Chamber at 6:00 p.m.
Council Conference Room
Council Conference Room
Council Chamber at 6:00 p.m.
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
***********
Agenda 03/20/2007mb
www.vbgov.com
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIavS
V
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DATE: March 13,2007 M B L
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AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
II CITY MANAGER'S BRIEFINGS:
A ULI - "PUNGO CROSSING" Report Jack Whitney,
Interim Director,
Department of
Planning
B BUDGET EXECUTION REPORTS Fagan
Stackhouse,
I. Human Resources Director
2. Economic Development David Bradley,
Interim Director
3. Communications & Information Technology Gwen Cowart,
(COMIT) Director
IIIIII/ CERTIFICA nON OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
IV IV /
VII
VII -E
F-I MINUTES - March 6, 2007 APPROVED 9-0 Y A Y Y Y Y Y Y A Y Y
B B
S S
T T
A A
I I
N N
E E
D D
GIH-I PUBLIC HEARING: NO SPEAKERS
OPEN AIR CAFE LEASES
I/JIK- Ordinance to AUTHORIZE a new/Franchise
1 Agreementre Open Air Cafl! at:
a 2417 Atlantic Ave to Blaster Fries, Inc. tla ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Lighthouse Beach Grill CONSENT
lib Renew seventeen Franchise Agreements re Open ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Air Cafes at: CONSENT
615 AtlanticAve to Ramada on the Beach, LC Va
Mahi Mah's
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCU Acnavs
V
DATE: March 13, 2007 0 I
M B L
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AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
c 615 AtlanticAveto Ramada on the Beach, LCtla ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Mahi Mah's CONSENT
d 701 Athlltic Ave to Burlage Management Co., ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y
Inc. tla Lavernes CONSENT B
S
T
A
1
N
E
D
e 809 Atlantic Ave to Barclay Restaurant ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y
Corporation tla Barclay Towers CONSENT B
S
T
A
I
N
E
D
f 812 Atlantic Ave toNWG, Inc. tla Kimbels ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
CONSENT
g 910 Atlantic Ave to Atlantic Bistro, LLC tla ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Ribley's CONSENT
h 1101 Atlantic Ave to TC JR, Inc. t/a T Casper's ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Deck and Galley CONSENT
i 1905 Atlantic Ave to Osprov Respublik.lnc. t/a ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Oceanhouse Waterfront CONSENT
J 2207 Atlantic Ave to Osprov Respublik, Inc. t/a ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
23m St Raw Bar CONSENT
k 2224 Atlantic Ave toAHA T A, Inc. t/a Pier 23 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
CONSENT
I 2613 Atlantic Avenue to Marianna Enterprises, ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Inc. t/a Little Feels CONSENT
m 2901 Atlantic Ave to Maria Sofia, Inc. t/a ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Ellington's CONSENT
n 3107 Atlantic Ave to Ocean Ranch Motel ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Corporation t/a Timbuktu CONSENT
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTJ(XVS
V
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DATE: March 13,2007 M B L
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PAGE: 3 S I E J L N U N I
T E D N 0 A D H U L W
AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
0 3301 Atlantic Ave to Four Sails Timeshare ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Owners Assoc., Inc. tJa Four Sails CONSENT
p 202 22nd St to DAP, Inc. tJa 2r St Raw Bar ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
CONSENT
q 203 22nd St to Tampico Enterprises, Inc. t/a ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Abbey Road CONSENT
r 206 2r St to Luna Sea, Inc. t/a Luna Sea ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
CONSENT
2 Ordinanceto AUTHORIZE Franchise Agreement ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
with VERlZON V A, INC. re Cable system within CONSENT
the City effectiveretroactiveto December 22, 2006
3 Ordinance to AUTHORIZE contract with ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
CherrylBekaertlHoIland LLP, follndependent CONSENT
Audit of the CitylDevelopment Ahy
4 Resolution to AUTHORIZE agreement with ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
property owners on Lake RudeelLake CONSENT
Wesley/Owl's Creek, who have valid dredging
permits, to use the Lake Rudee Disposal Area
for privately dredged materials
KIt V A BEACH RACQUET CLUB NORm APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
ASSOC, LP, at Thomas Bishop LanelNorth CONDITIONED
Great Neck Road. (DISTRICf $- BY CONSENT
L YNNHA VEN)
a. Variance to 94.4(b) of Subdivision Ord that all
lots meet CZO forthree single family
dwellings
b. CUP: a community pier
2 VALUE PLACE REAL ESTATE DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y
SERVICES, LLC, 1357 Diamond Springs 3/27/07, BY
Road: (DISTRlCf 4- BA YSIDE) CONSENT,
a. Modification of Proffers to allow change of
use from office/warehouse to a hotel
(approved on February 28, 2006)
b. CUP: 121-unitIimited servicehotel
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTJ(XVS
V
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DATE: March 13, 2007 M B L
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E D H C R A W
PAGE: 4 S I E J L N U N I
T E D N 0 A D H U L W
AGENDA E Z Y L N N 0 R E S 0
ITEM # SUBJECT MOTION VOTE P E E E E A R I V 0 0
H L R Y S N F N A N D
3 WANDA DINARDO CUP home daycare to APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y
accommodate up to nine (9) children at 2424 CONDITIONED
Peritan Road (DlSTRICf 6- BEACH) BY CONSENT
4 GREATER REFUGE OUTREACH APPROVEDI 11-0 Y Y Y Y Y Y Y Y Y Y Y
MISSION CUP re church in strip retail area at CONDITIONED
6113 Indian River Road (DlSTR1Cf l- BY CONSENT
CENTERVILLf)
L APPOINTMENTS
INVESTMENT PARTNERSHIP ADVISORY REMOVED B Y C 0 N S E N S U S
COMMITTEB-PPEA FROM AGENDA
BEACHES AND W ATERW A YS Barbara Ferguson 11-0 Y Y Y Y Y Y Y Y Y Y Y
COMMISSION Appointed
Unexpired thru
6/30/07 Plus 3 yrs
7/1107 - 6/30/10
Ken Jobe
Appointed
Unexpired thru
6/30/08
HEALTH SERVICES ADVISORY BOARD Dr. Chris Hooper 11-0 Y Y Y Y Y Y Y Y Y Y Y
Appointed
Unexpired thru
3/31/08
Esther Martin
Appointed
Unexpired thru
3/3 I 109
Glen C. Snyders
Reappointed
3 yrs 4/1/07-
3/31/10
MINI ADJOURNMENT 6:13PM
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