HomeMy WebLinkAboutFEBRUARY 3, 2009
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR WILLIAM D. SESSOMS ,JR., At-Large
HCE MAYOR LOUIS R. JONES, Bayside - District 4
GLENN R. DAVIS, Rose Hall- District 3
WILLIAM R. DeSTEPH, At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER" Centerville - District /
BARBARA M. HENLEY, Princess Anne - District 7
JOHN E. UHRIN, Beach District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
3 FEBRUARY 2009
CITY HALL BUILDING
240i COURTHOUSE DRiVE
ViRGINIA BEACH, VIRGINIA 23456-8005
PHONE.'(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K SPORE
CITY ATTORNEY - LESLIE L. LIllEY
CITY ASSESSOR - JERALD BANAGAN
CITY AUDITOR - l.YNDON S. REM/AS
CITY CLERK - RUTH HODGES FRASER. MMC
I.
CITY COUNCIL'S BRIEFINGS
- Conference Room -
2:00 PM
A. HAMPTON ROADS PARTNERSHIP UPDATE
E. Dana Dickens, President/CEO, Hampton Roads Partnership
B. SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) UPDATE
Michael J. Barrett, SPSA
II. CITY MANAGER'S BRIEFING
A. OVERVIEW and STATUS OF PEMBROKE AREA IMPLEMENTATION PLAN
Burrell Saunders, AlA, Principal, CMSS Architects
Tom Pauls, Comprehensive Planning Coordinator
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL-COMMENTS
V. CITY COUNCIL AGENDA REVIEW
VI. INFORMAL SESSION
- Conference Room -
4:30 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B.
INVOCATION:
Reverend Richard Sherrill
Chaplain, Virginia Beach Correctional Center
c. PLEDGE: OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIF'ICATION OF CLOSED SESSION
F. MINUTl8:S
I. INFORMAL and FORMAL SESSION
January 27,2009
G. FORMAL SESSION AGENDA
H. CONSENT AGENDA
I. ORDINANCES/RESOLUTIONS
1. Ordinances re SPORTSPLEX:
a. AUTHORIZE Lease of City property with future option for additional acreage for
athletic fields at 2181 and 2257 Landstown Road to VIRGINIA BEACH FIELD
HOUSE, LLC
b. ACCEPT non-binding Term Sheets re Management Agreements for operation and
management of the Sportsplex and United States Field Hockey National Training
Center
c. ACCEPT Ground Lease re construction of a retail center
2. R€:solution to APPOINT William M. Macali as Acting City Attorney, effective
February 16,2009.
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3. Resolutions re Virginia Department of Transportation (VDOT) re Urban Maintenance:
a. ACCEPT additional streets
b. ACCEPT corrections/deletions re Road Inventory
4. Ordinance to ACCEPT and APPROPRIATE $70,000 from the Federal Emergency
Management Agency (FEMA) for the deployment of Virginia Task Force-2 to the
Fire Department re Hurricane Omar.
J. PLANNING
1. Applications of the CITY OF VIRGINIA BEACH:
a. 2181 and 2257 Landstown Road (deferred November 25,2008)
DISTRICT 7 - PRINCESS ANNE
1. Chan~e of Zoning District Classification from AG-1 Agricultural District
to B-2 Community Business District re sports enhancement
2. Conditional Use Permit re recreational facilities
RECOMMENDATION
APPROV AL
K. APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
BIKEWAYS/TRAILS ADVISORY COMMISSION
COMMUNITY SERVICES BOARD
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
PERSONNEL BOARD
WETLANDS BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
Effective January 1, 2009:
Virginia Beach City Council will hold
Informal and Formal Sessions
on the Second and Fourth Tuesdays of each month.
Workshops will be scheduled
:for the First and Third Tuesdays of each month
PRIOPOSED RESOURCE MANAGEMENT PLAN
FY 2010 BUDGET WORKSHOPS
February 9, 10
Workshop to Develop Program Priorities
Economic Development - Conference Room - 8 a.m.-5 p.m.
March 24
City Manager's Presentation of Budget and CIP to City Council
Council Chamber - 6 p.m.
April 7
April 14
April 21
April 16
April 28
May 5
May 12
Workshop
Workshop
Workshop
Public Hearing
Public Hearing
Reconciliation Workshop
Adoption
Council Conference Room
Council Conference Room
Council Conference Room
Green Run High School- 6 p.m.
Council Chamber - 6 p.m.
Council Conference Room
Council Chamber - 6 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 2/3/09atb
www.vbl!ov.com
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I. CITY COUNCIL'S BRIEFINGS
- Conference Room -
2:00 PM
A. HAMPTON ROADS P ARTNERSHIP UPDATE
E. Dana Dickens, President/CEO, Hampton Roads Partnership
B. SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) UPDATE
Michael J. Barrett, SPSA
II. CITY MANAGER'S BRIEFING
A. OVERVIEW and STATUS OF PEMBROKE AREA IMPLEMENTATION PLAN
Burrell Saunders, AlA, Principal, CMSS Architects
Tom Pauls, Comprehensive Planning Coordinator
III. CITY COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. CITY COUNCIL AGENDA REVIEW
I I I I
VI. INFORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
4:30 PM
I I I
VII. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor William D. Sessoms, Jr.
B.
INVOCATION:
Reverend Richard Sherrill
Chaplain, Virginia Beach Correctional Center
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 SESSION
January 27, 2009
G. FORMAL SESSION AGENDA
.tsnlutinu
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the a1nrmative 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, TIIEREFO~, B~ 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 exemptc::d 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.
H. CONSENT AGENDA
I. ORDINANCES/RESOLUTIONS
1. Ordinances re SPORTSPLEX:
a. AUTHORIZE Lease of City property with future option for additional acreage for
athletic fields at 2181 and 2257 Landstown Road to VIRGINIA BEACH FIELD
HOUSE, LLC
b. ACCEPT non-binding Term Sheets re Management Agreements for operation and
management of the Sportsplex and United States Field Hockey National Training
Center
c. ACCEPT Ground Lease re construction of a retail center
2. Resolution to APPOINT William M. Macali as Acting City Attorney, effective
February 16,2009.
3. Resolutions re Virginia Department of Transportation (VDOT) re Urban Maintenance:
a. ACCEPT additional streets
b. ACCEPT corrections/deletions re Road Inventory
4. Ordinance to ACCEPT and APPROPRIATE $70,000 from the Federal Emergency
Management Agency (FEMA) for the deployment of Virginia Task Force-2 to the
Fire Department re Hurricane Omar.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
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ITEM: An ordinance to authorize the lease of 13.9 acres +/-, with an option to
lease an additional 23.6 acres +/-, at the Sportsplex, to Virginia Beach
Field House, L.L.C.
MEETING DATE: February 3,2009
. Background: On October 4,2007, City Council issued its Request for
Statements of Interest and Qualifications Virginia Beach Sportsplex seeking
qualified applicants to enter into a public-private partnership to design, construct
and operate new indoor and outdoor sports facilities and associated sports
service facilities (the "RFI").
Among the responsive applicants was Princess Anne Athletic Development, LLC
("PAAD"). On the recommendation of staff, City Council directed staff to attempt
to finalize negotiations with the principals of PAAD for a development consistent
with the goals of the RFI.
PAAD proposed the construction of a 166,000 square-foot indoor field house (the
"Field House") on approximately 13.9 acres of City-owned property located to the
northwest of the existing Sportsplex (the "Leased Property"). The Leased
Property would be leased by the City to Virginia Beach Field House, L.L.C., a
related entity to PAAD ("VBFH"). VBFH would also pave the parking lot of the
existing Sportsplex as a part of the construction of the Field House.
In addition to leasing the property required for the Field House, VBFH and City
staff have negotiated an option allowing VBFH to lease an additional 23.6 acres
adjacent to the Field House for the purpose of constructing six outdoor, lighted,
artificial turf athletic fields (the "Option Property"). This option would last for a
period of three years from the execution of the Field House lease and be at no
cost to VBFH. If exercised, the terms of the lease of the option property would
be consistent with the terms of the lease for the Field House.
The Lease!d Property and the Option Property are each part of a parcel leased by
the City to the City of Virginia Beach Development Authority ("VBDA") by a Multi-
Purpose Stadium Ground Lease dated as of October 6, 1997 (the "VBDA
Lease"). Prior to execution of the new lease and the granting of the option to
VBFH, the City would have to amend the terms of the VBDA Lease to exclude
the Leased Property and Option Property. On January 20, 2009, VBDA voted to
terminate its interest in that portion of the VBDA Lease necessary for the
transactions contemplated by this Ordinance.
. Conlsiderations: The City commissioned a feasibility study by Brailsford &
Dunlavey in 2006 to explore the viability of a new indoor sports facility in Princess
Anne Commons. The results of the study found that this type of venue would
complement the existing inventory of athletic and recreation spaces within the
Commons, could be financially successful with modest public support, and would
make the Athletic Village a year-round destination.
By separat1e ordinance, staff is recommending approval of a term sheet with
Hometown Sports Management, LLC (a co-respondent with PAAD to the RFI)
and Sportsplex Commons, LLC for the management of the Sportsplex and
United States Field Hockey National Training Center, and the construction of a
retail center at the Sportsplex.
. Public Information: Advertisement of Public Hearing, held December
9,2008, and Advertisement of City Council Agenda
. Altelrnatives: Approve terms of the Lease Agreement and option as
presented, alter terms of the proposed Lease Agreement or option or deny
leasing of subject premises and granting of option.
. Recllmmendations: Approval
. Attalchments: Ordinance
Location map
Term Sheet
Submitting Department/Agency: Parks & Recreation ~
City Manager: ~t:.. ~
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1 AN ORDINANCE TO AUTHORIZE THE LEASE OF
2 13.9 ACRES +/-, WITH AN OPTION TO LEASE AN
3 ADDITIONAL 23.6 ACRES +/-, AT THE
4 SPORTSPLEX, TO VIRGINIA BEACH FIELD HOUSE,
5 L.L.C.
6
7 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain
8 parcel of land located at 2181 and 2257 Landstown Road, adjacent to the
9 Sportsplex, in the City of Virginia Beach as shown on Exhibit A as the (the "Leased
10 Property");
11
12 WHEREAS, on October 4, 2007, City Council issued its "Request for
13 Statements of Interest and Qualifications Virginia Beach Sportsplex" seeking
14 qualified applicants to enter into a public-private partnership to design, construct and
15 operate new indoor and outdoor sports facilities and associated sports service
16 facilities (the "RFI") at the Sportsplex;
17
18 WHEREAS, Princess Anne Athletic Development, LLC ("PAAD") responded
19 to the RFI, and staff and PAAD negotiated a potential development on the Leased
20 Property;
21
22 WHEREAS, Virginia Beach Field House, L.L.C., a Virginia limited liability
23 company ("VBFH"), is an entity affiliated with PAAD, and desires to lease the Leased
24 Property from the City for an initial term of twenty (20) years, with two ten (10) year
25 renewal terms at the option of VBFH;
26
27 WHEREAS, VBFH would use the Leased Property to construct and operate
28 an approximately 166,000-square-foot indoor field house (the "Field House") and
29 associated infrastructure improvements (the "Lease");
30
31 WHEREAS, in addition to the construction of the Field House, VBFH desires
32 the City to grant VBFH an option to lease approximately 23.6 acres adjacent to the
33 Leased Property for the construction of six outdoor lighted artificial turf athletic fields
34 (the "Option Property"), as shown on Exhibit A attached hereto. VBFH's option to
35 lease the Option Property would be for a period of three years after the execution of
36 the Field House lease; and
37
38 WHEREAS, The Leased Property and the Option Property are each part of a
39 parcel leased by the City to the City of Virginia Beach Development Authority
40 ("VBDA") by a Multi-Purpose Stadium Ground Lease dated as of October 6, 1997
41 (the "VBDA Lease"). Prior to execution of the new lease and the granting of the
42 option to VBFH, the City would have to amend the terms of the VBDA Lease to
43 exclude the Leased Property and Option Property. VBDA approved such an
44 amendment of the terms of the VBDA Lease at its January 20, 2009 meeting.
45 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
46 VIRGINIA BEACH, VIRGINIA:
47
48 1. That the City Manager is hereby autharized to' execute a lease af 13.9
49 acres (thE! "Leased Praperty"), as shawn an Exhibit A attached heretO' and made a
50 part hereof, far the canstructian and aperatian af a field hause far the term af twenty
51 years with twO' aptianal ten-year renewal terms with Virginia Beach Field Hause,
52 l.l.C. ("VI3FH"), in accardance with the Field Hause Ground Lease Term Sheet
53 Summary (the "Term Sheet Summary"), attached heretO' as Exhibit B, which
54 summariZE!S the propased Lease previausly provided to' City Cauncil, and such ather
55 terms and canditians deemed necessary and sufficient by the City Manager and in a
56 farm deemed satisfactary by the City Attarney;
57
58 2. That the City Manager is hereby autharized to' grant an aptian to' VBFH
59 to' lease an additianal 23.6 acres (the "Optian Property"), as shawn an Exhibit A, far
60 a term cancurrent with the term af the Lease, far the canstructian and aperatian af
61 six autdaor, lighted, artificial turf fields, in accardance with the afarementianed
62 propased Lease and Term Sheet Summary, and such ather terms and conditians
63 deemed necessary and sufficient by the City Manager and in a farm deemed
64 satisfactory by the City Attarney; and
65
66 3. Cauncil autharizes the amendment af the Multi-Purpase Stadium
67 Graund Lease dated as af Octaber 6, 1997 between the City and City af Virginia
68 Beach Develapment Autharity (the "VBDA Lease") to' exclude the Leased Praperty
69 and the Optian Property, and the City Manager is hereby autharized to' execute such
70 necessary dacuments to' evidence that amendment.
71
72 Adapted by the Cauncil af the City af Virginia Beach, Virginia an the
73 day af , 2009.
APPROVED AS TO LEGAL
SUFFICIENCY AN~~~ORM-)
~~;;2;? .
APPROVED AS TO CONTENT
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City Attarnoy
CA 10778
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January 29,2009
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EXHIBIT B
Field House Ground Lease Term Sheet Summary (1/27/09).
PROPERTY:
13.9 acres adjacent to the Sportsplex as shown as "Leased
Property" on Exhibit A, attached hereto.
LANDLORD:
The City of Virginia Beach (the "City")
TENANT:
Virginia Beach Field House, L.L.C. (the "Tenant"). Tenant shall
have the right to assign the Lease to a qualified assignee.
PURPOSE:
The City will lease the Property to the Tenant. Tenant will be
obligated to construct and operate on the Property a multi-purpose
166,000 sq. ft. field house (the "Field House")
TERM:
20 years with 2 options to renew for 10 years each. Thus, Term
could potentially be 40 years.
RENT:
Rent shall consist of two components:
1) Ground Rent: A one-time payment of $100 due on the day
Tenant executes the Lease; and
2) Percentaae Rent: An annual amount equal to five percent
(5%) of the annual gross revenues of the Field House in
excess of $5,500,000.
MAINTENANCE: The City shall have no maintenance obligations with respect to the
Property.
TAXES: Tenant pays all taxes (but see Incentive Payment below)
UTILITIES: Tenant pays for all utility services.
INCENTIVE
PAYMENT: For the first ten (10) years of the Term, the City will pay Tenant an
annual incentive payment equal to the total amount of Real Estate
Taxes payable by Tenant for the Field House for the immediately
preceding year. The purpose of the Incentive Payment is to offset
the costs incurred by Tenant for the infrastructure improvements
and the additional costs needed to construct the Field House in
accordance with the Princess Anne Commons Design Guidelines.
TITLE TO
FIELD HOUSE: Title to Field House improvements transfer to City upon Lease
termination.
USE
RESTRICTIONS: 1 )
PAVING OF
PARKING lOT:
OPTION:
NAMING
RIGHTS:
SPORTS
MARKETING:
Use of Field House to be limited to sports and recreation
with only incidental retail (no more than 10% of Field House
to be used for retail sales).
2) Tenant must not generate more than 30% of its gross
revenues from the sale of food and beverage.
Tenant to pave existing parking lot adjacent to Sportsplex, and
make improvements to the access road as part of construction of
Field House.
Tenant shall have a 3 year option to lease an additional 23.6 acres
shown as "Option Property" on Exhibit A, attached hereto, solely for
the construction of 6 lighted outdoor artificial turf fields. Rent for the
Option Parcel would consist of three components:
1) Ground Rent: $100 for the entire Term;
2) Percentaae Rent: An annual amount equal to five percent
(5%) of the annual gross revenues attributed to the Option
Parcel in excess of $900,000; and
3) Participant Fee: $1 per participant at any organized
tournament held on the Option Parcel (payable annually in
arrears ).
Tenant shall have the right to sell naming rights to the Field House
(with any proceeds from such sale being included for purposes of
revenue sharing) during the term of the Lease without the prior
consent of Landlord unless the proposed name is associated with a
tobacco or alcohol product. In that case, the Landlord's prior
written consent shall be required.
Tenant shall reasonably cooperate with Landlord in the promotion
of sports marketing for the Field House and the surrounding athletic
venues.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM: An Ordinance to approve Non-binding Term Sheets for (i) Management
Agreements for the operation and management of the Sportsplex and United
States Field Hockey National Training Center Facility; and (ii) a Ground Lease
for the construction of a Retail Center adjacent to the Sportsplex
MEETING DATE: February 3,2009
. Background: On October 4,2007, City Council issued its Request for
Statements of Interest and Qualifications Virginia Beach Sportsplex seeking qualified
applicants to enter into a public-private partnership to design, construct and operate
new indoor and outdoor sports facilities and associated sports service facilities (the
"RFI").
Among the responsive applicants was Hometown Hero's Sports, LLC ("HHS"). City
Council directed staff to attempt to finalize negotiations with the principals of HHS for
the management of the existing Sportsplex and United States Field Hockey National
Training Center ("USFH"), and the ground lease of property for the construction of a
sports-themed retail center on property adjacent to the Sportsplex.
Representatives from Hometown Sports Management, LLC, and Sportsplex Commons,
LLC, each affiliated entities of HHS, have worked with the City Manager and City staff to
develop non-binding term sheets for the management and operation of the Sportsplex
and United States Field Hockey National Training Center (the "Management
Agreements"). The parties have also developed a non-binding term sheet for the
ground lease for construction of a retail center adjacent to the Sportsplex (the "Retail
Lease"). The retail center will be between 50,000 and 100,000 square feet and be
limited to sports-related uses. Sportsplex Commons, LLC will have a five-year option to
begin construction on the retail center prior to the Retail Lease taking effect.
Copies of the term sheets outlining the conditions of the Management Agreements and
Retail Lease are attached to the Ordinance, and have been distributed to City Council
prior to the February 3, 2009 meeting.
. Considerations: Both the Sportsplex and USFH have been operated by the
City at a loss for several years. One of the goals of the RFI was to locate a private
operator for those facilities and relieve the City of the ongoing financiallosses~s a
part of the operation of the Sportsplex and USFH, Hometown Sports Management, LLC
("HSM") will make substantial improvements to those facilities, including the installation
of an artificial turf field at the Sportsplex. These improvements will allow greater use of
the Sportsplex and USFHNTC, and should increase revenues generated by both
facilities.
. Public Information: Advertisement of City Council Agenda
. Alternatives: Approve terms of the proposed Management Agreements and
Retail Lease and option as presented, alter the proposed terms, or deny entering
into the Management Agreements and Lease Agreement and option.
. Recommendations: Approval
. Attachments: Ordinance
Term Sheets
Location map
Submitting DEtpartmentlAgency: Parks & Recreation ~
City Manager: ~t.. ~
1 AN ORDINANCE TO APPROVE NON-BINDING TERM
2 SHEETS FOR (i) MANAGEMENT AGREEMENTS FOR THE
3 OPERATION AND MANAGEMENT OF THE SPORTSPLEX
4 AND UNITED STATES FIELD HOCKEY NATIONAL
5 TRAINING CENTER FACILITY; AND (ii) A GROUND
6 LEASE FOR THE CONSTRUCTION OF A RETAIL
7 CENTER ADJACENT TO THE SPORTSPLEX
8
9 WHEREAS, On October 4,2007, City Council issued its Request for Statements
10 of Interest and Qualifications Virginia Beach Sportsplex seeking qualified applicants to
11 enter into a public-private partnership to design, construct and operate new indoor and
12 outdoor sports facilities and associated sports service facilities (the "RFI").
13
14 WHEREAS, Hometown Hero's Sports, LLC ("HHS") responded to the RFI, and
15 City Council directed staff to attempt to finalize negotiations with the principals of HHS
16 for (i) the management of the existing Sportsplex and United States Field Hockey
17 National Training Center facilities, and (ii) a ground lease of property for the
18 construction of a sports-related retail center on 7.1 acres of City-owned property
19 adjacent to the Sportsplex;
20
21 WHEREAS, representatives from Hometown Sports Management, LLC, and
22 Sportsplex Commons, LLC, each affiliated entities of HHS (collectively "Developer")
23 have worked with the City Manager and City staff to develop non-binding term sheets
24 for the management and operation of the Sportsplex and United States Field Hockey
25 National Training Center Facility, each dated January 27, 2009 (collectively the
26 "Management Agreement Term Sheets"), and a Term Sheet for a ground lease for the
27 construction of a retail center adjacent to the Sportsplex, also dated January 27, 2009
28 (the "Retail Center Term Sheet", and collectively with the Management Agreement Term
29 Sheets, the 'Term Sheets");
30
31 WHEREAS, a location map showing the property to be subject to the
32 Management Agreement Term Sheets as "Management Agreement Area", and the
33 property to be leased for the Retail Center as "Retail Lease Area" is attached hereto as
34 Exhibit A:
35
36 WHEREAS, complete copies of the Term Sheets are attached to this Ordinance
37 as Exhibit B, and have been provided to Council prior to the February 3, 2009 meeting;
38
39 WHEREAS, the City Council finds the actions contemplated by the Term Sheets
40 will further the goals identified in the RFI and promote the Athletic Village at Princess
41 Anne Commons; and
42
43 WHEREAS, the City Council desires that the City Manager pursue the
44 development of documents to be negotiated in substantial conformity with the terms
45 outlined in the Term Sheets, including but not limited to management agreements and a
46 ground lease.
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NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That the City Council approves non-binding term sheets for (a) the
Sportsplex Management, the USFH Management Agreement (collectively, the
"Management Agreement Term Sheets") between the City of Virginia Beach and
Hometown Sports Management, LLC, (b) the Sportsplex Retail Center Ground Lease
(the "Retail Ce!nter Term Sheet", and collectively with the Management Agreement Term
Sheets, the "Term Sheets") between the City of Virginia Beach and Sportsplex
Commons, LLC. Copies of the Term Sheets are attached to this Ordinance as Exhibit
B.
2. That the City Manager and the City Attorney, on behalf of the City of
Virginia Beach, are hereby authorized and directed to proceed with the development of
such documents necessary and appropriate to implement the transactions substantially
as outlined in the Term Sheets, and such other terms and conditions deemed necessary
and sufficient by the City Manager and in a form deemed satisfactory by the City
Attorney; and
3. The City Manager is directed to return to City Council for approval of the
final documents.
of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2009.
day
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
~#...~)
------.
City Attorney
CA-10987
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EXHIBIT B
~ortsplex Manaaement Aareement Term Sheet (1/27/09)
PROPERTY:
OWNER:
MANAGER:
PURPOSE:
TERM:
REVENUE
SHARING:
IMPROVEMEN1rs:
CAPITAL
MAINTENANCE:
& REPAIRS:
Approximately 25 acres shown as "Sportsplex Area" on Location
Map, attached.
The City of Virginia Beach (the "City")
Hometown Sports Management, LLC ("HSM")
HSM will operate and manage on behalf of the City the athletic
facility known as the Sportsplex.
16 years.
HSM to pay City an annual amount equal to five percent (5%) of
the annual gross revenues of the Sportsplex in excess of
$850,000. Any revenue generated from the sale of sponsorships
or naming rights shall be included in the calculation of gross
revenues.
HSM shall expend approximately $1,000,000 for improvements to
the Sportsplex, including the upgrading of the playing field to an
artificial turf surface acceptable to the City.
City responsible for all major capital expenditures and repairs at
the Sportsplex; the necessity and timing of such repairs to be in
the sole discretion of the City and subject to the appropriation of
funds by City Council. Major capital expenditures to be defined
as any expense with a minimum cost of $10,000 and a life
expectancy in excess of 5 years. HSM to be responsible for
maintenance of existing scoreboard, but City shall be responsible
for replacement of scoreboard when deemed necessary by City.
The City projects that $4.7 million in capital repairs will be
necessary in the first ten years of the Management Agreement.
Exhibit B
Page 1 of 6
I I
ORDINARY
MAINTENANCE
& REPAIRS:
HSM responsible for all non-capital repairs and maintenance,
including maintenance and replacement of all lights
PERFORMANCE
PAYMENT:
The City shall make an annual performance payment to HSM in
an amount equal to the real estate taxes paid at Sportsplex
Commons (the retail center), subject to HSM installing the
improvements at the Sportsplex and the USFH (see attached
term sheet), and the Sportsplex Commons being constructed and
opened for business (see attached term sheet), This
performance payment shall continue for ten years or for so long
as the Sportsplex Commons remains open, whichever is shorter.
TITLE TO
SPORTSPLEX:
To remain vested in City. HSM shall not encumber the Sportsplex
with any liens.
PERMISSIBLE
USES: A list of pre-approved uses of the Sportsplex shall be agreed on
by City and HSM prior to the execution of the Management
Agreement. City may object to any proposed use of the
Sportsplex not pre-approved.
PERFORMANCE
STANDARDS: The Sportsplex shall be operated in conformity with the
performance standards as set by the City of Virginia Beach Parks
and Recreation Department.
Exhibit B
Page 2 of 6
PROPERTY:
OWNER:
HSM:
PURPOSE:
TERM:
REVENUE
SHARING:
~SFH Manaaement Aareement Term Sheet (1/27/09l
Approximately 40 acres shown as "USFHA Area" on Location Map,
attached.
The City of Virginia Beach (the "City")
Hometown Sports Management, LLC ("HSM")
HSM will operate and manage on behalf of the City the United
States Field Hockey National Training Center ("USFH").
16 years.
HSM to pay City an annual amount equal to five percent (5%) of the
annual gross revenues of the USFH in excess of $400,000. Any
revenue generated from the sale of sponsorships or naming rights
shall be included in the calculation of gross revenues.
IMPROVEMENTS: HSM shall expend approximately $200,000 for improvements to the
USFH, including bleachers, tented semi-permanent concession
areas, and two video towers.
CAPITAL
MAINTENANCE
& REPAIRS:
ORDINARY
MAINTENANCE
& REPAIRS:
City responsible for all major capital expenditures and repairs at the
USFH; the necessity and timing of such repairs to be in the sole
discretion of the City and subject to the appropriation of funds by
City Council. Major capital expenditures to be defined as any
expense with a minimum cost of $10,000 and a life expectancy in
excess of 5 years. HSM to be responsible for maintenance of
existing scoreboard, but City shall be responsible for replacement
of scoreboard when deemed necessary by City.
The City projects that a total of $4.7 million in capital repairs will be
necessary in the first ten years of the Management Agreement for
the Sportsplex and USFH .
HSM responsible for all non-capital repairs and maintenance,
including maintenance and replacement of all lights.
Exhibit B
Page 3 of 6
PERFORMANCE
PAYMENT:
TITLE TO
USFH:
PERMISSIBLE
USES:
EXISITING
AGREEMENT:
PERFORMANCE
STANDARDS:
The City shall make an annual performance payment to HSM in an
amount equal to the real estate taxes paid at Sportsplex Commons
(the retail center), subject to (i) HSM installing the improvements at
the Sportsplex (see attached term sheet) and the USFH; and (ii)
the Sportsplex Commons being constructed and opened for
business (see attached term sheet), This performance payment
shall continue for ten years or for so long as the Sportsplex
Commons remains open, whichever is shorter. This fee covers
both the Sportsplex and USFH.
To remain vested in City. HSM shall not encumber the USFH with
any liens.
A list of pre-approved uses of the USFH shall be agreed on by City
and HSM prior to the execution of the Management Agreement.
City may object to any proposed use of the USFH not pre-
approved.
The USFH shall be operated in accordance with the terms of the
existing Joint Use and Cost Participation Agreement between the
City and the United States Field Hockey Association, Inc. (the
"US FHA Agreement"). As a part of the USFHA Agreement, United
States Field Hockey Association, Inc, will be entitled to 25% of all
revenue generated by the sale of naming rights through the term of
that agreement.
The USFH shall be operated in conformity with the performance
standards as set by the City of Virginia Beach Parks and
Recreation Department.
Exhibit B
Page 4 of 6
Sportsp~ex Retail Center Ground Lease Term Sheet (1/27/09\
PROPERTY:
7.1 acres as shown as "Retail Center Area" on Location Map,
attached.
LANDLORD:
The City of Virginia Beach (the "City")
TENANT:
Sportsplex Commons, LLC
PURPOSE:
The City will lease the Property to the Tenant. Tenant will be
obligated to construct on the Property a retail center of between
50,000 and 100,000 square feet (the "Retail Center").
TERM:
Twenty years with two options to renew for ten years each. Thus,
Term could potentially be forty years. Tenant shall have the right to
assign its interest in the Lease to a qualified assignee.
RENT:
Rent shall consist of two components:
1) Ground Rent: A one-time payment of $100 due on the day
Tenant executes the Lease; and
2) Percentaae Rent: Five percent (5%) of the annual gross
revenues generated at the Retail Center in excess of an amount
equal to $20 per square foot of 90% of the net leasable space of
the Retail Center, (for example, if Tenant constructs 50,000 square
feet with a net leasable space of 48,000 square feet, Landlord will
receive 5% of gross revenues over $864,000,000 ($20 X 90% x
48,OOOSF)
OPTIONI
EFFECTIVE DATIE
OF LEASE: Tenant shall have a five (5) year option, beginning with the
execution of the Lease, to give notice of Tenant's intention to
commence construction. The Lease shall not become effective and
the Tenant shall not assume control of the Property until Tenant
gives Landlord this notice. However, the term of the Lease shall
not exceed 40 years from the execution of the Lease (for example,
if construction commences two years from execution, the term of
the lease shall be for 38 years).
TAXES:
Tenant pays all taxes (but see Incentive Payment described in
Sportsplex Management Agreement and USFHA Management
Agreement Term Sheets).
Exhibit B
Page 5 of 6
I I I
UTILITIES:
Tenant pays for all utility services.
TITLE TO
RETAIL CENTER: Title of all Retail Center improvements transfer to City upon Lease
termination.
PERMISSIBLE
USES:
Only sports-related, sports medicine or sports themed food and
beverage shall operate at the Retail Center. Tenant anticipates a
tenant mix of 80% retail and 20% medical office if the Retail Center
is 50,000 square feet, and a tenant mix of 40% retail, 10% medical
office, and 50% office space under a 100,000 square foot scenario.
DEFAULT
RENT:
In the event that Tenant defaults under either the Sportsplex
Management Agreement or the USFHA Management Agreement,
then Rent under the Sportsplex Retail Center Ground Lease shall
equal the prevailing market rate as determined by the City.
Exhibit B
Page 6 of 6
I I
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Appointing William M. Macali as Acting City Attorney
MEETING DATE: February 3, 2009
. Background: City Attorney Leslie L. Lilley has been appointed by the General
Assembly to the position of circuit court judge. City Charter ~ 9.01 provides that City
Council shall appoint the new City Attorney.
. Considerations: This resolution appoints Deputy City Attorney William M.
Macali as Acting City Attorney, beginning on February 16, 2009, and continuing until
. such time as a candidate appointed by City Council to serve as City Attorney begins his
or her term of office. In light of the additional responsibilities and increased work load
that an Acting City Attorney must assume, the resolution provides that Mr. Macali's
compensation shall be increased by $2000 per month for the period of time that he
serves as Acting City Attorney.
. Attachment: Resolution
Requested by City Council
1 A RESOLUTION APPOINTING WILLIAM M. MACALI AS
2 ACTING CITY A TIORNEY
3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA:
5
6 1. That pursuant to 9 9.02 of the City Charter, William M. Macali is hereby
7 appointed as the Acting City Attorney, effective February 16, 2009. He shall serve in that
8 capacity until sllch time as a candidate appointed by City Council to serve as City Attorney
9 begins his or hHr term of office.
10
11 2. Mr. Macali's compensation shall be increased by $2000 per month for the
12 period of time that he serves as Acting City Attorney.
13
14 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of
15 ,2009.
APPROVED AS TO
LEGAL SUFFICIENCY:
~~ ;f---
City Attorney's Office
CA 10984
R-2
January 28, 2009
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CITY OF Vi:RrnNIA BEACH
AGENDA ITEM
~
ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation to Accept
Additional Streets for Urban Maintenance Payments
(2) A Resolution Requesting the Virginia Department of Transportation to Accept
Corrections/Deletions to the Road Inventory for Urban Maintenance
Payments
MEETING DATE: February 3, 2009
. Background: The Virginia Department of Transportation (UVDOT") maintenance
funding is conditioned upon City Council submitting to VDOT resolutions for all new streets
and for all corrections/deletions to the City's road inventory.
. Considerations: The first resolution requests the addition of 8.73 lane miles of new
streets which will be eligible for urban maintenance funds beginning July 1, 2009. The 8.73
lane miles are classified as local/collector streets. At the present rate of $9,796 per lane
mile, the City will receive $85,519.08 per year based on the current VDOT reimbursement
rates.
The second resolution reflects a net decrease in lane miles of local/collector streets in the
urban street inventory. This decrease is the result of corrections due to the reconstruction
of streets to add, lengthen, and/or replace lanes and the deletion of streets from the street
inventory. There are 4.32 of lane miles classified as collectorllocal streets that are being
corrected/deleted. At the present rate of $9,796 per lane mile, the City will lose
$42,318.72.
Based on the current VDOT rates, the city will net an increase of $43,200.36 in revenue for
urban maintenance funding beginning July 1, 2009, as a result of the above changes. A
list of streets is attached.
. Public Information: The item will be publicized as part of the City Council's
agenda.
. Recommendation: Approval
. Attachments: Resolutions, Form U-1 (New Street)(UExhibit A"), and Form U-1
(Additions/Replaced Deletions)(UExhibit B")
Recommended Action: Approval
Submitting Department/Agency: Public Works 1) tJ'\
CityManag~ ~,~~ rlW
1 A. RESOLUTION REQUESTING THE VIRGINIA
2 DEPARTMENT OF TRANSPORTATION TO ACCEPT
3 ADDITIONAL STREETS FOR URBAN MAINTENANCE
4 PAYMENTS
5
6
7 WHEREAS, the Virginia Department of Transportation requires a City Council
8 resolution prior to accepting additional streets for urban maintenance payments;
9
10 WHEREAS, the 8.73 (Local/Collector) lane miles streets listed on Exhibit A
11 (attached) have been constructed in accordance with standards established by the
12 Virginia Department of Transportation;
13
14 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain
15 these streets; and
16
17 WHEREAS, a representative from the Virginia Department of Transportation has
18 inspected and approved these streets.
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
23 That City Council hereby requests the Virginia Department of Transportation to
24 accept the streets listed on Exhibit A, attached hereto and incorporated by reference,
25 and to begin paying urban maintenance payments to the City of Virginia Beach based
26 on the established rate.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of ,2009.
Approved as to Content:
Approved as to Legal Sufficiency:
PJelh'rJ A ~~
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CA 10978
R-1
January 22,2009
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1 A RESOLUTION REQUESTING THE VIRGINIA
2 DEPARTMENT OF TRANSPORTATION TO ACCEPT
3 CORRECTIONS/DELETIONS TO THE ROAD INVENTORY
4 FOR URBAN MAINTENANCE PAYMENTS
5
6
7 WHEREAS, the Virginia Department of Transportation requires a City Council
8 resolution prior to accepting corrections or deletions to the revised road inventory for
9 urban maintenance payments;
10
11 WHEREAS, City personnel have reviewed the revised road inventory prepared
12 by the Virginia Department of Transportation and have determined that some
13 inaccuracies exist;
14
15 WHEREAS, corrections to the revised road inventory have been made as shown
16 on Exhibit A (attached); resulting in a net decrease of 4.32 (Local/Collector) lane miles,
17 and
18
19 WHEREAS, a representative from the Virginia Department of Transportation has
20 inspected and approved these corrections.
21
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
25 That City Council hereby requests the Virginia Department of Transportation to
26 accept the corrections listed on Exhibit B, attached hereto and incorporated by
27 reference, and to begin paying urban maintenance payments to the City of Virginia
28 Beach based on the established rate.
of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
,2009.
day
Approved as to Content:
Approved as to Legal Sufficiency:
P~i1 Jt.J)ru)P~
Public W rks
~&ce
CA 10980
R-2
January 23, 2009
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CITY OF VIRGINIA BEACH
AGENDA ITEM
~
ITEM: An Ordinance to Accept and Appropriate Funds to the Fire Department for FY
2008-09 Costs Related to Deployment of the Virginia Task Force-2 (VA-TF 2)
Urban Search and Rescue Team
MEETING DATE: February 3, 2009
. Background: The City of Virginia Beach is the sponsoring agency for VA-TF 2,
FEMA Urban Search and Rescue Team. Individuals as well as the team were activated
to assist the US Virgin Islands and Puerto Rico for Hurricane Omar October 15, 2008
through October 16, 2008.
After activation and deployment, FEMA provides funding to reimburse participants for
eligible equipment, supplies and overtime supporting these deployments (from
activation through demobilization). FEMA has sent the City the award form containing
the authorized spending limit for the team deployment ($275,000).
. Considerations: As the sponsoring agency, the City of Virginia Beach Fire
Department is responsible for administrative and fiscal management of the team and its
assets. Consistent with previous deployments, DHS/FEMA had authorized the
reimbursement of all eligible expenses related to activation, mobilization, deployment
and demobilization ofVA-TF 2. The Fire Department has finalized expenditure reporting
for Hurricane Omar ($70,000).
. Public Information: Public Information will be handled through the normal
agenda process.
. Alternatives: The City's designation as sponsoring agency for FEMA VA-TF2 is
a pre-arranged relationship and an obligation between the City of Virginia Beach and
DHS/FEMA.
. Recommendations: Approve and appropriate the following amounts to cover
expenses of V A- TF2 for the assistance of the Search and Rescue Plans related to
Hurricane Omar ($70,000).
. Attachments: Ordinance
Recommended Action: Approval of ordinance.
Submitting Department/Agency: Fire Department
City Manager~<" k .7:.t3 (fr{
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FUNDS FROM THE FEMA RELATED TO
3 DEPLOYMENT OF THE VIRGINIA TASK FORCE-2
4 URBAN SEARCH AND RESCUE TEAM
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
9 (a) Funds are hereby accepted from the U.S. Department of Homeland Security,
10 Federal Emergency Management Agency for costs related to the deployment of Virginia
11 Task Force-2 (VA-TF2) Team for Hurricane Omar, in the amount of $70,000, with
12 estimated revenues increased accordingly.
13
14 (b) Appropriations to the FY 2008-09 Operating Budget of the Fire Department
15 for costs relatl~d to the deployment of V A- TF2 team for Hurricane Omar are hereby
16 increased by $'70,000.
of
Adopted! by the Council of the City of Virginia Beach, Virginia on the
_, 2009.
day
Requires an affirmative vote by a majority of all members of the City Council.
Approved as to Content:
Approved as to Legal
Sufficiency:
Jj~ Ct
~-g---
CI Q. S e
Management Services
CA 10979
R-2
January 22, 2009
J. PLANNING
1. Applications of the CITY OF VIRGINIA BEACH:
a. 2181 and 2257 Landstown Road (deferred November 25,2008)
DISTRICT 7 - PRINCESS ANNE
1. Change of Zoning District Classification from AG-1 Agricultural District
to B-2 Community Business District re sports enhancement
2. Conditional Use Permit re recreational facilities
RECOMMENDATION
APPROVAL
NOTICE OF PUBLIC HEARING
Virginia Beach City Council will meet in the Chamber
at City Hall, Municipal Center, 2401 Courthouse
Drive, Tuesday, February 3, 2009, at 6:00 p.m. The
following applications will be heard:
PRINCESS ANNE DISTRICT
CITY OF VIRGINIA BEACH Application: Change of
Zoning District Classification from AG-1 Agricultural
(ITA) to Conditional B-2 Community Business (ITA),
2181 Landstown Road (GPINs 1484871819;
1484879998 - portion of). Comprehensive Plan:
Transition Area/Princess Anne. The purpose of this
rezoning is to develop a commercial complex with
associated recreational facilities. AICUZ is 70-75
and Interfacility Traffic Area.
CITY OF VIRGINIA BEACH Application: Conditional
Use Permit (recreational facilities of an indoor and
outdoor nature). 2181 and 2257 Landstown Road
(GPINs 1484871819; 1484879998 - portion of;
1484869245 - portion of). AICUZ is 70-75 and
Interfacility Traffic Area.
All interested citizens are invited to attend.
Ruth Hodges Fraser, MMC
City Clerk
Copies of the proposed ordinances, resolutions and
amendments are on file and may be examined in the
Department of Planning or online a1
http://www.vbgov.com/pc For information call
385-4621.
If you are physically disabled or visually Impaired
and need assistance at this meeting, please call the
CITY CLERK'S OmCE at 385-4303.
Beacon January 18 & 25,2009
19753514
II
- 42-
Item V-K.5.a.1.2.
PLANNING
ITEM # 58295
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED
INDEFINITEL Y Ordinances upon application of the City of Virginia Beach re Chan~e of Zonins:
District Classification from AG-l Agricultural District to B-2 Community Business District re sports
enhancement and a Conditional Use Permit re recreational facilities
ORDINANCE UPON APPLICATION OF THE cm OF VIRGINIA
BEACH, CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-l AGRICULTURAL DISTRICT TO B-2 COMMUNITY BUSINESS
DISTRICT
Ordinance upon application of the cm OF VIRGINIA BEACH, Chanlle
of Zoninll District Classification from AG-l Agricultural District to B-2
Community Business District. PRINCESS ANNE DISTRICT
AND,
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH, RE CONDITIONAL USE PERMIT FOR RECREATIONAL
FACILITIES, 2181 AND 2257 LANDSTOWN ROAD. PRINCESS ANNE
DISTRICT
Ordinance upon application of the City of Virginia Beach. re
Conditional Use Permit for recreational facilities. 2181 and 2257
Landstown Road.
PRINCESS ANNE DISTRICT
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.
Oberndorj. John E. Uhrin, Ron A. Villanueva, Rosemary Wi/son and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
November 25. 2008
CITY OF VIRGINIA BEACH - REZONING
'1(,.'
'.'t.....
Conditional Zoning Change from Ag-1 (ITA) to Conditional B-2 (ITA)
Relevant Information:
· The applicant proposes to rezone the 7.1 acres to Conditional B-2 Community
Business District for the purpose of developing a sports-related facility with retail.
· Examples include sports skills instruction, sports training, sports therapy,
wellness training and conditioning, a restaurant, as well as sports-related retail.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0)
· There was no opposition.
· Consent agenda.
4'~
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH, Chanae of Zonina District Classification from
AG-1 Agricultural District to B-2 Community Business District. PRINCESS
ANNE DISTRICT
MEETING DATE: February 3,2009
. Background:
The applicant proposes a Change of Zoning of 7.1 acres of a 91.5-acre site to B-
2 Community Business District for sports-related retail, sports skills instruction,
sports training, sports therapy, wellness training and conditioning, and a
restaurant.
. Considerations:
The proposed retail will be located to the northwest of the existing Sportsplex
stadium in an area that is currently gravel parking. Paved parking meeting
requirements associated with the uses will be provided around the proposed
building.
The retail layout forms an "L -shape" with an open landscaped courtyard at the
intersection to view the Field Hockey Complex beyond and as a pedestrian
access to the Field Hockey or Sportsplex. The retail building design is
complementary to the existing Sportsplex building and an adjacent proposed
indoor fieldhouse. The design utilizes elements and materials of the existing
Sportplex as well as the Retail Design Guidelines.
The Planning Commission placed this item on the consent agenda because the
use is appropriate for this site, consistent with the recommendations of the
Comprehensive Plan for this area, and there was no opposition to the request.
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request as proffered.
. Attachments:
Staff Report
Disclosure Statement
Minutes
Location Map
CITY OF VIRGINIA BEACH - REZONING AT SPORTSPLEX
Page 2 of 2
Recommended Action: Staff recommends approval. Planning Commission recommends
approval. ,
Submitting Department/Agency: Planning Department ^}~'},
City Manager~ It .~~ \
CITY OF VIRGINIA
BEACH
Agenda Item 5
October 8, 2008 Public Hearing
Staff Planner: Karen Prochilo
REQUESTS:
Chanae of Zonina District Classification from AG-1
Agricultural District to Conditional B-2 Community
Business District.
ADDRESS I DESCRIPTION: Property located at 2181 & 2257 Landstown Road.
GPIN:
14848718190000 portion of,
14848799980000 portion of
COUNCIL ELECTION DISTRICT:
PRINCESS ANNE
SITE SIZE:
Total City owned site size: 91.5 acres
Parcel to be rezoned: 7.1 acres
SUMMARY OF REQUEST
The applicant requests rezoning of 7.1 acres of a larger parcel of 91.5 acres, zoned AG-1 Agricultural
District and located in the Interfacility Traffic Area (ITA). The applicant proposes to rezone the 7.1 acres to
Conditional B-2 Community Business District for the purpose of developing a sports-related facility with
retail. Examples of uses within this area include sports skills instruction, sports training, sports therapy,
wellness training and conditioning, a restaurant, as well as sports-related retail.
The proposed retail will be located to the northwest of the existing Sportsplex stadium in an area that is
currently gravel parking. Paved parking meeting requirements associated with the uses will be provided
around the proposed building.
The retail layout forms an "L -shape" with an open landscaped courtyard at the intersection to view the
Field Hockey Complex beyond and as a pedestrian access to the Field Hockey or Sportsplex. The retail
building design is complementary to the existing Sportsplex building and an adjacent proposed indoor
fieldhouse. The design utilizes elements and materials of the existing Sportplex as well as the Retail
Design Guidelines.
CITY OF VIRGINIA BEACH - REZONING
Agenda Item 5
Page 1
LAND USE AND ZONING INFORMATION
EXISTING lAND USE: Partially developed site used as an outdoor recreational facility with associated paved
and gravel parking areas.
SURROUNDING lAND
USE AND ZONING:
North:
South:
East:
West:
· Sportsplex facility and parking / AG-1 Agricultural District
· Sportsplex facility and parking / AG-1 Agricultural District
· U.S. Field Hockey complex / AG-1 Agricultural District
· Across Landstown Road, Princess Anne Athletic Area / AG-1
Agricultural District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The subject portion of this site is developed with an outdoor stadium and
associated parking, which is primarily gravel. There are also a few
structures associated with the outdoor field hockey center. The
remaining property is undeveloped. There are some specimen nursery
trees also located on the site.
AICUZ:
The site is in an AICUZ of 70 -75 dB Ldn surrounding NAS Oceana and
within the Interfacility Traffic Area (ITA). Compliance with noise level
reduction features, as set forth in the Virginia Statewide Building Code,
will be required during construction.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Landstown
Road is a two-lane local collector roadway. The MTP recommends a 150-foot wide parkway section for this
roadway. Currently, there are no plans for roadway improvements for Landstown Road. Dam Neck Road in
this vicinity of the application is considered a four-lane divided major suburban arterial. The Master
Transportation Plan recommends a divided facility with bikeway within a 125-foot wide right-of-way. A Capital
Improvement Program project (CIP) is slated for Dam Neck Road in the vicinity of this site. Elbow Road
Extended - Phase II (CIP 2-152) is a First Cities Project which involves improving Elbow Road from Indian
River Road to Dam Neck Road, just west of Landstown Road. The improvements include a four-lane divided
highway within a 125-foot wide right-of-way with a sidewalk, multi-use path, landscaping and aesthetic
features. The project will also replace the existing sub-standard Elbow Road Bridge. The start date for
construction has been moved beyond 2016 due to reduced state funding.
CITY OF VIRGINIA BEACH - REZONING
Agenda Item 5
Page 2
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Landstown 2,261 ADT 1 6,200 ADT (Level of Existing Land Use L -
Road Service "Cn) 1 0 ADT
9,900 ADT 1 (Level of Proposed Land Use 3 -
Service "D") Icapacitv 5,648 ADT
Dam Neck 10,600 ADT 32,500 ADT (Level of
Road Service "C")
34,900 ADT 1 (Level of
Service "D") 1 capacity
Average Dally Tnps
2 as defined by current AG-1 zoning
3 as defined by 150,000 s.f. field house [separate Use Permit application] and 50,000 s.f. retail center
NOTE: The trip generation estimates for this proposed land use are preliminary. A Traffic Impact Study (TIS)
will be required. Traffic Engineering will reserve comment until after the TIS has been reviewed.
A dedication of 61 feet adjacent to Landstown Road such that the ultimate right-of-way of 150 feet, in
accordance with the Master Transportation Plan, amended 10/12/04, is achieved.
WATER: There is a 12-inch City water line in a variable width public utility easement in Landstown Road.
Separately platted parcels must connect directly to City water. Any extension of City water in a right-of-way will
require hydraulic analysis to ensure the potential demand can be supported. Plans and bonds are required for
construction and extension of the water system.
SEWER: There is a 1 O-inch t012-inch City sanitary sewer gravity main in a variable width publiC utility
easement within Landstown Road. There is a 12-inch to 16-inch City sanitary sewer force main in a variable
width public utility easement within Landstown Road. There is also a 42-inch HRSD force main in an
easement. Separately platted parcels must connect to City sanitary sewer. Analysis of the receiving Pump
Station # 647 and the sanitary sewer collection system is required to ensure future flows can be
accommodated.
STORMWATER: Final site plan must address stormwater quantity and quality in accordance with current
regulations. No such measures are evident on this plan.
FIRE: No Fire Department comments at this time. Comments will be made during site plan review.
POLICE: As a matter of public safety, the developer must provide a photometric plan for review 1 approval by
the Police Department or appropriate city staff.
VIRGINIA NATURAL GAS: Virginia Natural Gas (VNG) has a 16-inch steel gas main in an easement along
the property line of this proposed development. Any digging within this easement will require an Encroachment
Agreement. A VNG inspector will need to be on-site if excavation takes place in the immediate area of VNG
gas main.
CITY OF VIRGINIA BEACH - REZONING
Agenda Item 5
Page 3
Recommendation:
Staff recommends approval of this
request with the submitted proffers, provided below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The Comprehensive Plan designates this site as being within the Transition Area (Princess Anne). The
land use planning polices 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.
The site and building design of office development within the Transition Area should be of exceptional
quality and should serve to showcase the area within which they are located. With appropriate design and
site placement, office parking can provide shared parking opportunities for certain recreational,
entertainment and other activities (p 149).
Whether formal or informal, a rhythm should be created through the placement of landscape elements,
such as trees, light poles, and benches. At areas of importance along the corridor, such as plazas or
intersections, the landscaping treatment should be intensified to reflect the intended use (Princess Anne
Commons Design Guidelines p 13).
The building should possess details that are pedestrian in nature. Amenity features such as public plazas,
staggered storefronts, gazebos, fountains, circular passenger drop-off points and distinctive storefront
architecture should be included in the design of retail centers (p 158).
The side or rear facade of a building located adjacent to and visible from a roadway should be designed
so as to possess as much detail as the primary facade. Visual interest should be provided through
window and door details, varied rooflines, consistent textures and color, as well as staggered placement
of the buildings to create interest. Lighting of non-residential buildings should be designed as an integral
part of the building's architecture to be as unobtrusive as possible (p 159).
Evaluation:
The proposed use is compatible with the AICUZ, Princess Anne Commons and Transition Area
guidelines of the Comprehensive Plan. The submitted building rendering depicts a retail design
complementary with the existing Sportsplex. The proposed retail will enhance the City's venues in this
vicinity, and will reduce the need for those working or training at the facilities in the area to add vehicle
trips to the roadway system in search of sports-related goods or restaurant establishments.
In sum, Staff recommends approval of the request as proffered.
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The
applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these
proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable,"
(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.
CITY OF VIRGINIA BEACH - REZONING
Agenda Item 5
Page 4
PROFFER 1:
The property when developed, shall be developed in substantial conformity with the conceptual site plan
entitled "Princess Anne Athletic Development, LLC Generalized Plan of Development Virginia Beach
Sportsplex" dated September 22, 2008, prepared by Landmark Design Group, which has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning.
PROFFER 2:
The property when developed shall be in substantial conformity with the rendering entitled "Sportsplex
Commons - Virginia Beach" dated September 22,2008, prepared by Baskervill, which has been exhibited to
the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning.
PROFFER 3:
The uses on the Property shall be consistent with the concept of an "athletic village" containing facilities to
accommodate the full range of sports skills instruction, sports training, sports therapy, wellness training and
conditioning and sports related retail which are predominately oriented toward those who have or might in
the future avail themselves of the facilities located throughout Princess Anne Commons and the athletic
village. Additional permitted uses shall be eating and drinking establishments without drive-through, outdoor
cafes and outdoor plazas. No drive though uses shall be permitted.
PROFFER 4:
Developer will work with the City of Virginia Beach staff to incorporate elements of LEED Certification where
feasible.
PROFFER 5:
Mechanical equipment located adjacent to any structure on the site shall be screened with an appropriate
structure, fence and / or landscaping. Any mechanical equipment located on the top of any structures on the
property shall be enclosed on four sides with appropriately sized parapet walls to screen equipment.
PROFFER 6:
No separate monument sign for the retail. The retail sign shall be incorporated into the monument style sign
approved by the Planning Director or his designee for the entire site. Materials to be compatible with the
building exteriors on the site as well as adhere to the design guidelines for the Princess Anne Commons.
PROFFER 7:
Building mounted signs shall be reviewed prior to building plan approval by the Planning Director or his
designee.
PROFFER 8:
All exterior dumpster areas shall be screened utilizing materials and colors that are compatible with the
primary structures exterior.
PROFFER 9:
All outdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or photometric
diagram plan shall be submitted with any site plan for review by City staff. The lighting plan shall include the
height of poles located in the parking lots along with the location of all pole-mounted and building mounted
lighting fixtures. The plan shall also list type, wattage and fixture type. Lighting shall be uniform throughout
the parking area, and shall minimize reflection or glare toward properties and streets outside the site.
PROFFER 10:
A Traffic Impact Study shall be submitted to the Grantee on or before submittal of the initial engineered site
plan for review. Grantor shall make any roadway improvements to adjacent roadways and modifications to
CITY OF VIRGINIA BEACH - REZONING
Agenda Item 5
Page 5
the location or configuration of the depicted site access roads required by the Grantee pursuant to the
recommendations contained in the Traffic Impact Study.
PROFFER 11:
All buildings and structures constructed on the Property shall be designed in a manner complementary with
the Princess Anne Commons Design Guidelines.
PROFFER 12:
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 listed above are acceptable as they dictate the level of quality of the
project and ensure compatibility of the project to the surrounding area.
The City Attorney's Office has reviewed the proffer agreement dated September 22, 2008, 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.
CITY OF VIRGINIA BEACH - REZONING
Agenda Item 5
Page 6
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AERIAL OF SITE LOCATION
CITY OF V\RG\NIA BEACH - REZONiNG
Agenda Item 5
Page 7
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CITY OF VIRGINIA BEACH - REZONING
Agenda Item 5
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CITY OF VIRGINIA BEACH - REZONING
Agenda Item 5
Page 10
'.'.....=
Conditional Zoning Change from Ag-1 (iTA) to Conditional B-2 (ITA)
1 OS/27/08 Conditional Rezoning from AG-1 to B-2
Conditional Use Permit indoor & outdoor recreational Granted
2 08/22/06 Conditional Rezoning from AG-1 to B-2
Street Closure Granted
3 07/07/98 Conditional Use Permit for communications tower Granted
4 03/28/95 Conditional Rezonina from R-10 to AG-1
Conditional Use Permit recreational facility outdoor nature Granted
5 09/14/87 Conditional Use Permit substation Granted
CITY OF VIRGINIA BEACH - REZONING
Agenda Item 5
Page 11
I DISCLOSURE STATEMENT
I
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)
City of Virginia Beach
2. List all businesses that have a parent-subsidiary 1 or affiliated business entitl
relationship with the applicant: (Attach list if necessary)
D 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)
City of Virginia Beach
2. List all businesses that have a parent-subsidiary 1 or affiliated business entifl
relationship with the applicant: (Attach list if necessary)
D Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
~~e next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes ~ No II
If yes, what is the name of the official or employee and the nature of their interest?
Condilionall~ezo",ng Appl.callon
Page 11 0112
Revised 1 1/16/2006
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Agenda Item 5
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DISCLOSURE STATEMENT I
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)
Landmark Design Group - engineering and surveying services
INSites Landscape Architecture - design services
1 .Parent-subsidiary relationship. means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code ~ 2.2-3101.
2 "Affiliated business entity relationship. means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity, (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code ~
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that, upon receipt of notification (postcard) that the application has been scheduled for
public hearing. I am responsible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
Cindy A. Curtis. P&R Director
Print Name
James K. Spore, City Manager
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n applicant)
Print Name
Conditional Rezoning Application
Page 12 of 12
Revised 7/312007
DISCLOSURE STATEMENT
CITY OF VIRGINIA BEACH - REZONING
Agenda Item 5
Page 13
Item #5 & 6
City of Virginia Beach
Change of Zoning District Classification
Conditional Use Permit
2181 & 2257 I....andstown Road
District7
Princess Anne
October 8, 2008
CONSENT
Joseph Strange: The next items are items 5 & 6. It's an application of the City of Virginia
Beach for a Change of Zoning District Classification from AG-l Agricultural District to
Conditional R.2 Community Business District on property located at 2181 and 2257
Landstown Road, and an application for a Conditional Use Permit for a recreational facility
of an indoor and outdoor nature on property located at 2181 and 2257 Landstown Road, with
12 conditions.
Janice Anderson: Good afternoon Barbara.
Barbara Duke: Thank you. Good afternoon. I'm Barbara Duke with the City of Virginia
Beach, Department of Parks and Recreation, and we are in agreement with all of the proffers
for item 5 and all of the conditions for item 6.
Joseph Strange: Okay. Thank you. The Chairman has asked Al Henley to review this item.
AI Henley: The applicant requests rezoning of 7.1 acres of a larger parcel of 91.5 acres,
zoned AG-I Agricultural District and located in the Interfacility traffic Area. The applicant
proposes to rezone 7.1 acres to Conditional B-2 Community Business District for the purpose
of developing a sports-related facility with retail. Examples of uses include sports skills
instruction, sports training, sports therapy, wellness training and conditioning, a restaurant, as
well as a sport-related retail. The proposed use is compatible with the AICUZ, Princess
Anne Commons and Transition Area guidelines of the Comprehensive Plan. The proposed
retail will enhiIDce the city's venue in this vicinity, and will reduce the need for those
working or training at the facilities in the area to add additional vehicle trips to the roadway
system in search of sports-related goods or restaurant establishments. Staff recommends
approval of this application. Therefore, the Planning Commission has placed this on the
consent agenda. Thank you.
Note: Though the Conditional Use Permit was not included in the Planning
Commission review of this item, the summary is as follows:
The subject parcel is 91.5 acres, zoned AG-I Agricultural District and is located in the
Interfacility Traffic Area. The applicant proposes a Conditional Use Permit over 84.4 acres
of the existing agricultural property for the purpose of developing an indoor sports facility
with the potential of outdoor recreational fields at a later date. The indoor facility will be
'II
Item #5 & 6
City of Virginia Beach
Page 2
located to the northeast of the existing Sportsplex stadium in an area that is currently gravel
parking. Additional paved parking will be spaced around the proposed building. The
structure utilizes elements and materials of the existing Sportsplex. The facility will house
indoor recreational fields in varying sizes for a variety of sports.
Joseph Strange: Thank you AI. Madame Chairman, I would like to make a motion to
approve agenda items 5 & 6.
Janice Anderson: A motion by Joe Strange and a second by Barry Knight.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY
KATSIAS AYE
KNIGHT AYE
LIVAS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved items 5 & 6 for consent.
Janice Anderson: Thank you. Is there any additional business? I believe Dave Redmond
has something to say.
David Redmond: I just want to make one point for the record on items 5 & 6 with regard to
the property on Landstown Road. That which we have before us, is in my view decidedly
less detailed then we normally get when we review any sort of sizeable retail establishment
within this district. And in fact, while the recommendation is that they adhere to the design
criteria, we non the less as a city typically require when there is some action required quite a
bit more than that, such as berms, or closing an entrance for a number of different applicants.
There are a number of very high quality retail establishments within that district. We have
set the bar very high. I think it is important that I accept the staff s judgment, and their
promise that they will adhere to very high quality standards in improving this. I have the
utmost respect and confidence in Mr. Whitney, and I accept the developers pledge that he
will do the same. I simply would like to remind everyone that this is a place where we have
very, very high standards, and I'm not greatly comforted by the fact that we expect it to be
complementary to the architectural design of the Sportsplex. There isn't much. And, so I
would hope we aim just a good deal higher than that with regard to the retail element. It is
not a field house. It's not a stadium. A retail element can, if we're not careful be pretty
rotten, and I hope it won't be. I hope it will adhere to very high standards. And that we have
Item #5 & 6
City of Virginia Beach
Page 3
before. That is only fair, I think to our citizens, and to all the people that come here with
applications that we continue to do that. So, I would hope if we keep that very much in
mind. Thank you.
Janice Anderson: Thank you.
I 1,1
CITY OF VIRGINIA BEACH - USE PERMIT FOR FIELD HOUSE
City of Virginia Beach
CUP for Indoor - Outdoor Recreatiun Facilities
Relevant Information:
· The applicant proposes a Conditional Use Permit over 84.4 acres of the existing
agricultural property for the purpose of developing an indoor sports facility with
the potential of outdoor recreational fields at a later date.
· AICUZ is Less than 65.
Evaluation and Recommendation:
· Planning Staff recommended approval
· Planning Commission recommends approval (10-0)
· There was no opposition.
· Consent agenda.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: CITY OF VIRGINIA BEACH (Virginia Beach Field House, LLC), Conditional
Use Permit for recreational facilities, 2181 and 2257 Landstown Road.
PRINCESS ANNE DISTRICT
MEETING DATE: February 3, 2009
. Background:
This request was deferred by the City Council on November 25. 2008. at the
request of the applicant.
The applicant proposes a Conditional Use Permit on 84.4 acres of a 91.5-acre
site for indoor and outdoor recreation consisting of soccer, field hockey. lacrosse
and flag football on various sized indoor playing fields. The facility will also
incorporate locker rooms. party rooms. a concession area and a small gym. The
indoor facility will be located to the northeast of the existing Sportsplex stadium in
an area that is currently gravel parking. Additional paved parking will be spaced
around the proposed building.
The structure utilizes elements and materials of the existing Sportsplex. The
facility will house indoor recreational fields in varying sizes for a variety of sports.
This project was originally initiated as the Princess Anne Athletic Development.
LLC.
. Considerations:
The proposed use is compatible with the AICUZ. Princess Anne Commons
Design Guidelines. and Transition Area guidelines of the Comprehensive Plan.
The submitted indoor facility rendering depicts a contemporary design
complementary with the existing Sportsplex. The proposed indoor facility will
promote a year-round athletic destination and enhance the Princess Anne
Commons venues in this vicinity.
The Planning Commission placed this item on the consent agenda because the
use is appropriate for this site. consistent with the recommendations of the
Comprehensive Plan for this area. and there was no opposition to the request.
CITY OF VIRGINIA BEACH / VIRGINIA BEACH FIELD HOUSE
USE PERMIT
Page 2 of 3
. Recommendations:
The Planning Commission passed a motion by a recorded vote of 10-0 to
approve this request with the following conditions:
1. The property when developed, shall be developed in substantial
conformity with the conceptual site plan entitled "Princess Anne Athletic
Development, LLC Generalized Plan of Development Virginia Beach
Sportsplex" dated September 22, 2008, prepared by Landmark Design
Group, which has been exhibited to the Virginia Beach City Council and is
on file with the Virginia Beach Department of Planning.
2. The property when developed shall be in substantial conformity with the
rendering entitled "Virginia Beach Field House" prepared by Baskervill,
which has been exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning.
3. The developer shall work with the City of Virginia Beach staff to
incorporate elements of LEED Certification where feasible.
4. The principal uses on the property shall be recreational facilities of an
indoor nature and recreational facilities of an outdoor nature.
5. The existing gravel parking shall be paved. The developer shall submit a
parking lot landscape plan in accordance with the design guidelines for
Princess Anne Commons, incorporating large landscape islands, prior to
the paving of the existing gravel parking lot or the construction of new
parking.
6. No outdoor storage shall be allowed.
7. Mechanical equipment located adjacent to any structure on the site shall
be screened with an appropriate structure, fence and I or landscaping.
Any mechanical equipment located on the top of any structures on the
property shall be enclosed on four sides with appropriately sized parapet
walls to screen equipment.
8. All exterior trash dumpster areas shall be screened utilizing materials and
colors that are compatible with the primary structures exterior.
9. There shall be only one monument-style sign for the entire site, approved
by the Planning Director or his designee. Exterior materials of said sign
shall be compatible with the building exteriors on the site, as well as
adhere to the design guidelines for Princess Anne Commons.
CITY OF VIRGINIA BEACH I VIRGINIA BEACH FIELD HOUSE
USE PERMIT
Page 3 of 3
10. All outdoor lighting shall be shielded to direct light and glare onto the
premises. A lighting or photometric diagram plan shall be submitted with
any site plan for review by City staff. The lighting plan shall include the
height of poles located in the parking lots along with the location of all
pole-mounted and building mounted lighting fixtures. The plan shall also
list type, wattage and fixture type. Lighting shall be uniform throughout the
parking area, and shall minimize reflection or glare toward properties and
streets outside the site.
11.A Traffic Impact Study shall be submitted to the City of Virginia Beach on
or before submittal of the initial engineered site plan for review. The
developer shall make any roadway improvements to adjacent roadways
and modifications to the location or configuration of the depicted site
access roads required by the City pursuant to the recommendations
contained in the Traffic Impact Study.
12. All buildings and structures constructed on the Property shall be designed
in a manner complementary with the Princess Anne Commons Design
Guidelines.
. Attachments:
Staff Report
Disclosure Statement
Minutes
Location Map
Recommended Action: Staff recommends approval. Planning Commission recommends
approval.
Submitting Department/Agency: Planning Department
)L \Cf3~
CITY OF VIRGINIA
BEACH
Agenda Item 6
October 8, 2008 Public Hearing
Staff Planner: Karen Prochilo
REQUEST:
Conditional Use Permit for indoor and outdoor
recreational facility.
ADDRESS I [IESCRIPTION: Property located at 2181 & 2257 Landstown Road.
GPIN: COUNCIL ELECTION DISTRICT:
14848718190000, 7 - PRINCESS ANNE
14848799980000 portion of,
14848692450000 portion of
SITE SIZE:
Total city owned site size: 91.5 acres
Proposed parcel: 84.4 acres
SUMMARY OF REQUEST
The subject parcel is 91.5 acres, zoned AG-1 Agricultural
District and is located in the Interfacility Traffic Area. The
applicant proposes a Conditional Use Permit over 84.4 acres of the existing agricultural property for the
purpose of developing an indoor sports facility with the potential of outdoor recreational fields at a later
date. This proposal is for year-round, multi-sport activities consisting of soccer, field hockey, lacrosse and
flag football on various sized indoor playing fields. The facility will also incorporate locker rooms, party
rooms, a concession area and a small gym.
The indoor facility will be located to the northeast of the existing Sportsplex stadium in an area that is
currently gravel parking. Additional paved parking will be spaced around the proposed building.
The structure utilizes elements and materials of the existing Sportsplex. The facility will house indoor
recreational fiellds in varying sizes for a variety of sports.
LAND USE AND ZONING INFORMATION
EXISTING LAIND USE: Partially developed site used as an outdoor recreational facility with associated paved
and gravel parking areas.
SURROUNDING LAND
North:
· Sportsplex facility and parking I AG-1 Agricultural District
CITY OF VIRGINIA BEACH - INDOOR/OUTDOOR SPORTS FACILITY
Agenda Item 6
Page 1
'Ii
USE AND ZONING:
South:
East:
West:
. Sportsplex facility and parking 1 AG-1 Agricultural District
. U.S. Field Hockey 1 AG-1 Agricultural District
. Across Landstown Road, Princess Anne Athletic Area 1 AG-1
Agricultural District
NATURAL RESOURCE AND
CULTURAL FEATURES:
The majority of the site is grass field. There are a two large oak trees
aside of the existing ditch bank.
AICUZ:
The site is in an AICUZ of 70 -75 dB Ldn surrounding NAS Oceana and
within the Interfacility Traffic Area (ITA). Compliance with noise level
reduction features, as set forth on the Virginia Statewide Building Code,
will be required during construction.
IMPACT ON CITY SERVICES
MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP): Landstown
Road is a two-lane local collector roadway. The MTP recommends a 150-foot wide parkway section for this
roadway. Currently, there are no plans for roadway improvements for Landstown Road. Dam Neck Road in
this vicinity of the application is considered a four-lane divided major suburban arterial. The Master
Transportation Plan recommends a divided facility with bikeway within a 125-foot wide right-of-way. A Capital
Improvement Program project (CIP) is slated for Dam Neck Road in the vicinity of this site. Elbow Road
Extended - Phase II (CIP 2-152) is a First Cities Project which involves improving Elbow Road from Indian
River Road to Dam Neck Road, just west of Landstown Road. The improvements include a four-lane divided
highway within a 125-foot wide right-of-way with a sidewalk, multi-use path, landscaping and aesthetic
features. The project will also replace the existing sub-standard Elbow Road Bridge. The start date for
construction has been moved beyond 2016 due to reduced state funding.
TRAFFIC: Street Name Present Present Capacity Generated Traffic
Volume
Landstown 2,261 ADT 6,200 ADT 1 (Level of Existing Land Use ~ -
Road Service "CO) 10 ADT
9,900 ADT 1 (Level of Proposed Land Use 3 -
Service "0") Icaoacitv 5,648 ADT
Dam Neck 10,600 ADT 32,500 ADT (Level of
Road Service "C")
34,900 ADT 1 (Level of
Service "0") 1 caoacitv
1
Average Dally Tnps
2 as defined by current AG-1 zoning
3 as defined by 150,000 s.f. field house [separate Use Permit application] and 50,000 s.f. retail center
NOTE: The trip generation estimates for this proposed land use are preliminary. A Traffic Impact Study (TIS)
will be required. Traffic Engineering will reserve comment until after the TIS has been reviewed.
A dedication of 61 feet adjacent to Landstown Road such that the ultimate right-of-way of 150 feet, in
accordance with the Master Transportation Plan, amended 10/12/04, is achieved.
WATER: There is a 12-inch City water line in a variable width public utility easement in Landstown Road.
CITY OF VIRGINIA BEACH - INDOOR/OUTDOOR SPORTS FACILITY
Agenda Item 6
Page 2
Separately platted parcels must connect directly to City water. Any extension of City water in a right-of-way will
require hydraulic analysis to ensure the potential demand can be supported. Plans and bonds are required for
construction and extension of the water system.
SEWER: There is a 10-inch t012-inch City sanitary sewer gravity main in a variable width public utility
easement within Landstown Road. There is a 12-inch to 16-inch City sanitary sewer force main in a variable
width public utility easement within Landstown Road. There is also a 42-inch HRSD force main in an
easement. Separately platted parcels must connect to City sanitary sewer. Analysis of the receiving Pump
Station # 647 and the sanitary sewer collection system is required to ensure future flows can be
accommodate!d.
STORMWATER: Final site plan must address stormwater quantity and quality in accordance with current
regulations. No such measures are evident on this plan.
FIRE: No Fire Department comments at this time. Comments will be made during site plan review.
POLICE: As al matter of publiC safety, the developer must provide a photometric plan for review I approval by
the Police Department or appropriate City staff.
VIRGINIA NA'rURAL GAS: Virginia Natural Gas (VNG) has a 16-inch steel gas main in an easement along
the property line of this proposed development. Any digging within this easement will require an Encroachment
Agreement. A VNG inspector will need to be on-site if excavation takes place in the immediate area of VNG
gas main.
Recommendation:
Staff recommelnds approval of this
request with the conditions below.
EVALUATION AND RECOMMENDATION
Comprehensive Plan:
The ComprehEmsive Plan designates this site as being within the Transition Area (Princess Anne). The
land use planning polices 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.
The site and building design of office development within the Transition Area should be of exceptional
quality and should serve to showcase the area within which they are located. With appropriate design and
site placement, office parking can provide shared parking opportunities for certain recreational,
entertainment and other activities (p 149).
Whether formal or informal, a rhythm should be created through the placement of landscape elements,
such as trees, light poles, and benches. At areas of importance along the corridor, such as plazas or
intersections, the landscaping treatment should be intensified to reflect the intended use (Princess Anne
Commons Design Guidelines p 13).
CITY OF VIRGINIA BEACH - INDOOR/OUTDOOR SPORTS FACILITY
Agenda Item 6
Page 3
The building should possess details that are pedestrian in nature. Amenity features such as public plazas.
staggered storefronts, gazebos. fountains. circular passenger drop-off points and distinctive storefront
architecture should be included in the design of retail centers (p 158).
The side or rear facade of a building located adjacent to and visible from a roadway should be designed
so as to possess as much detail as the primary facade. Visual interest should be provided through
window and door details. varied rooflines, consistent textures and color, as well as staggered placement
of the buildings to create interest. Lighting of non-residential buildings should be designed as an integral
part of the building's architecture to be as unobtrusive as possible (p 159).
Evaluation:
The proposed use is compatible with the AICUZ, Princess Anne Commons Design Guidelines and
Transition Area guidelines of the Comprehensive Plan. The submitted indoor facility rendering depicts a
contemporary design complementary with the existing Sportsplex. The proposed indoor facility will
promote a year-round athletic destination and enhance the Princess Anne Commons venues in this
vicinity.
Approval is recommended with the following conditions.
CONDITIONS
1. The property when developed, shall be developed in substantial conformity with the conceptual site
plan entitled .Princess Anne Athletic Development, LLC Generalized Plan of Development Virginia
Beach Sportsplex" dated September 22, 2008, prepared by Landmark Design Group, which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of
Planning.
2. The property when developed shall be in substantial conformity with the rendering entitled .Virginia
Beach Field House" prepared by Baskervill, which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning.
3. The developer shall work with the City of Virginia Beach staff to incorporate elements of LEED
Certification where feasible.
4. The principal uses on the property shall be recreational facilities of an indoor nature and recreational
facilities of an outdoor nature.
5. The existing gravel parking shall be paved. The developer shall submit a parking lot landscape plan in
accordance with the design guidelines for Princess Anne Commons. incorporating large landscape
islands, prior to the paving of the existing gravel parking lot or the construction of new parking.
6. No outdoor storage shall be allowed.
7. Mechanical equipment located adjacent to any structure on the site shall be screened with an
appropriate structure, fence and I or landscaping. Any mechanical equipment located on the top of any
structures on the property shall be enclosed on four sides with appropriately sized parapet walls to
screen equipment.
8. All exterior trash dumpster areas shall be screened utilizing materials and colors that are compatible
CITY OF VIRGINIA BEACH - INDOOR/OUTDOOR SPORTS FACILITY
Agenda Item 6
Page 4
with the primary structures exterior.
9. Then~ shall be only one monument-style sign for the entire site, approved by the Planning Director or
his dl~signee. Exterior materials of said sign shall be compatible with the building exteriors on the site,
as wBII as adhere to the design guidelines for Princess Anne Commons.
10. All oLltdoor lighting shall be shielded to direct light and glare onto the premises. A lighting or
photometric diagram plan shall be submitted with any site plan for review by City staff. The lighting
plan shall include the height of poles located in the parking lots along with the location of all pole-
mounted and building mounted lighting fixtures. The plan shall also list type, wattage and fixture type.
Lighting shall be uniform throughout the parking area, and shall minimize reflection or glare toward
prop€irties and streets outside the site.
11. A Traffic Impact Study shall be submitted to the City of Virginia Beach on or before submittal of the
initial engineered site plan for review. The developer shall make any roadway improvements to
adjac1ent roadways and modifications to the location or configuration of the depicted site access roads
required by the City pursuant to the recommendations contained in the Traffic Impact Study.
12. All buildings and structures constructed on the Property shall be designed in a manner complementary
with the Princess Anne Commons Design Guidelines.
NOTE: Furthl~r conditions may be required during the administration of applicable City Ordinances.
Plans submitted with this rezoning application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police
Department for crime prevention techniques and Crime Prevention Through Environmental Design
(CPTED) concepts and strategies as they pertain to this site.
CITY OF VIRGINIA BEACH - INDOOR/OUTDOOR SPORTS FACILITY
Agenda Item 6
Page 5
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RENDERING OF PROPOSED BUILDING
CITY OF VIRGINIA BEACH - INDOOR/OUTDOOR SPORTS FACILITY
Agenda Item 6
Page 8
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ELEVATION OF PROPOSED BUILDING
CITY OF VIRGINIA BEACH - INDOOR/OUTDOOR SPORTS FACILITY
Agenda Item 6
Page 9
CUP for Indoor - Outdoor Recreation Facilities
1 OS/27/08 Conditional Rezonina from AG-1 to B-2
Conditional Use Permit indoor & outdoor Granted
recreational
2 08/22/06 Conditional Rezonina from AG-1 to B-2
3 07/07/98 Conditional Use Permit for communications Granted
tower
4 03/28/95 Conditional Rezonina from R-10 to AG-1
Conditional Use Permit recreational facility Granted
outdoor nature
5 09/14/87 Conditional Use Permit substation Granted
ZONING HISTORY
CITY OF VIRGINIA BEACH - INDOOR/OUTDOOR SPORTS FACILITY
Agenda Item 6
Page 10
I DISCLOSURE STATEMENT
I
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)
City 01 Virginia Beach
2. List all businesses that have a parent-subsidiari or affiliated business entityZ
relationship with the applicant: (Attach list if necessary)
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. Li~;t the property owner name followed by the names of all officers. members,
trustees. partners, etc. below: (Attach list if necessary)
City of Virginia Beach
2. List all businesses that have a parent-subsidiary' or affiliated business entityZ
relationship with the applicant: (Attach list if necessary)
o Check here if the property owner is NOT a corporation, partnership, firm,
business, or other unincorporated organization.
r::-r.:
& See next page for footnotes
Does an official or employee of the City of Virginia Beach have an interest in the
subject land? Yes ~ No
If yes, what is the name of the official or employee and the nature of their interest?
Condilional Use Penni! Apphcallon
Page 9 0110
Revised 7/3/2007
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CITY OF VIRGINIA BEACH - INDOOR/OUTDOOR SPORTS FACILITY
Agenda Item 6
Page 11
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DISCLOSURE STATEMENT I
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)
Landmark Design Group - engineering and surveying services
INSites Landscape Architecture - design services
1 "Parent-subsidiary relationship" means "a relationship that exists when one
corporation directly or indirectly owns shares possessing more than 50 percent of the voting
power of another corporation." See State and Local Government Conflict of Interests Act, Va.
Code ~ 2.2-3101.
2 "Affiliated business entity relationship" means "a relationship, other than parent-
subsidiary relationship, that exists when (i) one business entity has a controlling ownership
interest in the other business entity. (ii) a controlling owner in one entity is also a controlling
owner in the other entity, or (iii) there is shared management or control between the business
entities. Factors that should be considered in determining the existence of an affiliated
business entity relationship include that the same person or substantially the same person
own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities,
resources or personnel on a regular basis; or there is otherwise a close working relationship
between the entities." See State and Local Government Conflict of Interests Act, Va. Code ~
2.2-3101.
CERTIFICATION: I certify that the information contained herein is true and accurate.
I understand that. upon receipt of notification (postcard) that the application has been scheduled for
pUblic hearing, I am responSible for obtaining and posting the required sign on the subject property at
least 30 days prior to the scheduled public hearing according to the instructions in this package. The
undersigned also consents to entry upon the subject property by employees of the Department of
Planning to photograph and view the site for purposes of processing and evaluating this application.
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Prope~ner's Sign"liture (if differen~ lf1an applicant)
Cindy A. Curtis. P&R Director
Print Name
James K. Spore. City Manager
Print Name
Conditional Use Pemul Applicalion
Page 10 of 10
Revised 7/312007
DISCLOSURE STATEMENT
CITY OF VIRGINIA BEACH - INDOOR/OUTDOOR SPORTS FACILITY
Agenda Item 6
Page 12
Item #5 & 6
City of Virginia Beach
Change of Zoning District Classification
Conditional Use Permit
2181 & 2257 Landstown Road
District7
Princess Anne
October 8, 2008
CONSENT
Joseph Strange: The next items are items 5 & 6. It's an application of the City of Virginia
Beach for a Change of Zoning District Classification from AG-l Agricultural District to
Conditional B-2 Community Business District on property located at 2181 and 2257
Landstown Road, and an application for a Conditional Use Permit for a recreational facility
of an indoor and outdoor nature on property located at 2181 and 2257 Landstown Road, with
12 conditions.
Janice Anderson: Good afternoon Barbara.
Barbara Duke: Thank you. Good afternoon. I'm Barbara Duke with the City of Virginia
Beach, Department of Parks and Recreation, and we are in agreement with all of the proffers
for item 5 and all of the conditions for item 6.
Joseph Strange: Okay. Thank you. The Chairman has asked Al Henley to review this item.
Al Henley: The applicant requests rezoning of 7.1 acres of a larger parcel of 91.5 acres,
zoned AG-l Agricultural District and located in the Interfacility traffic Area. The applicant
proposes to rezone 7.1 acres to Conditional B-2 Community Business District for the purpose
of developing a sports-related facility with retail. Examples of uses include sports skills
instruction, sports training, sports therapy, wellness training and conditioning, a restaurant, as
well as a sport-related retail. The proposed use is compatible with the AICUZ, Princess
Anne Commons and Transition Area guidelines of the Comprehensive Plan. The proposed
retail will enhance the city's venue in this vicinity, and will reduce the need for those
working or training at the facilities in the area to add additional vehicle trips to the roadway
system in search of sports-related goods or restaurant establishments. Staff recommends
approval of this application. Therefore, the Planning Commission has placed this on the
consent agenda. Thank you.
Note: Thougb the Conditional Use Permit was not included in the Planning
Commission rleview of this item, the summary is as follows:
The subject parcel is 91.5 acres, zoned AG-l Agricultural District and is located in the
Interfacility Traffic Area. The applicant proposes a Conditional Use Permit over 84.4 acres
of the existing agricultural property for the purpose of developing an indoor sports facility
with the potential of outdoor recreational fields at a later date. The indoor facility will be
Item #5 & 6
City of Virginia Beach
Page 2
located to the northeast of the existing Sportsplex stadium in an area that is currently gravel
parking. Additional paved parking will be spaced around the proposed building. The
structure utilizes elements and materials of the existing Sportsplex. The facility will house
indoor recreational fields in varying sizes for a variety of sports.
Joseph Strange: Thank you AI. Madame Chairman, I would like to make a motion to
approve agenda items 5 & 6.
Janice Anderson: A motion by Joe Strange and a second by Barry Knight.
AYE 10 NAY 0 ABSO
ANDERSON AYE
BERNAS AYE
CRABTREE AYE
HENLEY AYE
HORSLEY
KA TSIAS AYE
KNIGHT AYE
LIVAS AYE
REDMOND AYE
RUSSO AYE
STRANGE AYE
ABSENT 1
ABSENT
Ed Weeden: By a vote of 10-0, the Board has approved items 5 & 6 for consent.
Janice Anderson: Thank you. Is there any additional business? I believe Dave Redmond
has something to say.
David Redmond: I just want to make one point for the record on items 5 & 6 with regard to
the property on Landstown Road. That which we have before us, is in my view decidedly
less detailed then we normally get when we review any sort of sizeable retail establishment
within this district. And in fact, while the recommendation is that they adhere to the design
criteria, we non the less as a city typically require when there is some action required quite a
bit more than that, such as berms, or closing an entrance for a number of different applicants.
There are a number of very high quality retail establishments within that district. We have
set the bar very high. I think it is important that I accept the staff's judgment, and their
promise that they will adhere to very high quality standards in improving this. I have the
utmost respect and confidence in Mr. Whitney, and I accept the developers pledge that he
will do the same. I simply would like to remind everyone that this is a place where we have
very, very high standards, and I'm not greatly comforted by the fact that we expect it to be
complementary to the architectural design of the Sportsplex. There isn't much. And, so I
would hope we aim just a good deal higher than that with regard to the retail element. It is
not a field house. It's not a stadium. A retail element can, if we're not careful be pretty
rotten, and I hope it won't be. I hope it will adhere to very high standards. And that we have
Item #5 & 6
City of Virginia Beach
Page 3
before. That is only fair, I think to our citizens, and to all the people that come here with
applications that we continue to do that. So, I would hope if we keep that very much in
mind. Thank you.
Janice Anderson: Thank you.
I II I
K. APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
BIKEW A YS/TRAILS ADVISORY COMMISSION
COMMUNITY SERVICES BOARD
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
PERSONNEL BOARD
WETLANDS BOARD
I II I
L. UNFINISHED BUSINESS
"II I II I
M. NEW BUSINESS
N. ADJOURNMENT
**********************************
PUBLIC COMMENTS
Non-Agenda Items
**********************************
Effective January 1, 2009:
Virginia Beach City Council will hold
Informal and Formal Sessions
on the Second and Fourth Tuesdays of each month.
Workshops will be scheduled
for the First and Third Tuesdays of each month
PROPOSED RESOURCE MANAGEMENT PLAN
FY 2010 BUDGET WORKSHOPS
February 9, 10
Workshop to Develop Program Priorities
Economic Development - Conference Room - 8 a.m.-5 p.m.
March 24
April 7
April 14
April 21
April 16
April 28
May 5
May 12
Agenda 2/3/09afb
www.vbgov.com
City Manager's Presentation of Budget and CIP to City Council
Council Chamber - 6 p.m.
Workshop
Workshop
Workshop
Public Hearing
Public Hearing
Reconciliation Workshop
Adoption
Council Conference Room
Council Conference Room
Council Conference Room
Green Run High School- 6 p.m.
Council Chamber - 6 p.m.
Council Conference Room
Council Chamber - 6 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
***********
CITY OF VIRGINIA BEACH
SUMMARY OFCOUNCU ACnONS
V
I
DATE: 1/27/09 L
D S L
E D H E A W
PAGE: I D S I E J S U N I
A T E D N 0 S H U L W
AGENDA V E Z Y L N 0 R E S 0
ITEM # SUBJECT MOTION VOTE I P E E E E M I V 0 0
S H L R Y S S N A N D
VA BRIEFINGS:
COMPREHENSIVE PLAN OPEN Tom Pauls -
HOUSE Comprehensive
Planning
Coordinator -
Planning
B PLANNING ITEMS - Pending City Jack Whitney,
Council Agenda Director -
Planning
C INTERIM FINANCW, STATEMENT Patricia Phillips,
Director -
Finance
D FY2010 BUDGET REVENUE Catheryn
FORECAST and PRELIMINARY Whitesell,
BUDGET Director -
Management
Services
II/III/IV N CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
SESSION
VII/F MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
01/13/2009
G/H-I PUBLIC HEARINGS
LEASE OF CITY OWl\IED PROPERTY
a. 1401 Southern Boulevard No speakers
ST ABCO, Inc.
b. 3425 Clubhouse Road No speakers
Bow Creek Neighborhood Park
2 SALE OF EXCESS CITY PROPERTY - No speakers
12th Street
I/J-I Ordinance to AMEND City Code Sect 21- ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
303 re penalties for parlting violations CONSENT
2 Ords re HousinglNeigbborhood ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Preservation re FY 2008-2009 Operating CONSENT
Budget:
a. AMENDrrRANSFER revenue to
reprogram unused
operational/administrative funds from prior
years
b. APPROPRIATE increased revenue
from Federal Housing Choice Voucher
Droe:ram
'II
i II:
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCU ACnONS
V
I
DATE: 1/27/09 L
D S L
E D H E A W
PAGE: 2 D S I E J S U N I
A T E D N 0 S H U L W
AGENDA V E Z Y L N 0 R E S 0
ITEM # SUBJECT MOTION VOTE I P E E E E M I V 0 0
S H L R Y S S N A N D
3 AGRICULTURAL RESERVE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
PROGRAM: CONSENT
a. Resol to AUTHORIZE
Intergovernmental Agreement (IA) with
Agriculture Consumer Services re ARP
easements
b. Ord to AMEND Sec I I of Agricultural
Lands Preservation re repurchases of
develoDment ri.ilits
4 Ord to AUTHORIZE Lease with Stabco, ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Inc. at 1401 Southern Blvd CONSENT
DISTRICT 6 - BEACH
5 Ord to AWARD a Lease to nTelos at 3425 ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Clubhouse Road (Bow Creek Neighborhood CONSENT
Park) re wireless telecommunications.
DISTRICT 3 - ROSE HALL
6 Ord DECLARING parcels at 12th St ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
EXCESS/ AUTHORIZE sale of property CONSENT
to WBM L.L.C. DISTRICT 6 - BEACH
7 Ord to ACCEPT 86 Chevy Celebrity ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
station wagon as donation to Police
8 Ordinance to APPROPRIA TE $50,000 ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
from DEA to Police re comprehensive job CONSENT
task analvsis.
9 Ordinance to TRANSFER $927,984 to ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
fund Interactive Internet Phase II system for CONSENT
Planning's Permits/Insnections.
K-I CITY to adopt NORTHAMPTON APPROVED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
BOULEVARD CORRIDOR CONSENT
STRA TEGIC GROWTH AREA
IMPLEMENTATION PLAN as
Appendix to Camp Plan
2 LAWRENCE E.lJUNG Y. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
VALENTINE/CHARLES B./DIANA CONDITIONED
SCHA FER closure of portion of alley at BY CONSENT
609 South Atlantic Avenue (Croatan Beach)
into single-family residential
DISTRICT 6 - BEACH
3 CHARLES EDWARD/AMY H. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
DRESCHER for Modification of CONDITIONED
Conditions (approved June 23, 1980) at BY CONSENT
1201/1209 Hill Road re flag lot
DISTRICT 5 - L YNNHA VEN
4 BARBARA IRVING CUP re residential APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
kennel for Shih Tzu dogs at 5568 CONDITIONED
Forestview Drive. BY CONSENT
DISTRICT 4 - BA YSIDE
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
V
I
DATE: 1/27/09 L
D S L
E D H E A W
PAGE: 3 D S I E J S U N I
A T E D N 0 S H U L W
AGENDA V E Z Y L N 0 R E S 0
ITEM # SUBJECT MOTION VOTE I P E E E E M I V 0 0
S H L R Y S S N A N D
5 BARTON HERITAGE L.L.C. CUP re APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
motor vehicle rentals ( low speed CONDITIONED
vehicles) at 665 SandbridgeRoad. BY CONSENT
DISTRICT 7 - PRINCESS ANNE
6 GA TEW A Y ENTERPRISES, L.L.C. DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y
COZ from AG-2 to Conditional 0-2 at BACK TO PC
2084 Princess Anne Road. DISTRICT 7 - MARCH
PRINCESS ANNE AGENDA
7 PRINCESSBORO COMPANY, INC. DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y
COZ from AG-I to Conditional 0-2/ 02/24/09 BY
Conditional B-2 at Pril~cess CONSENT
Anne/Sandbridge Roads
DISTRICT 7 - PRINCESS ANNE
L APPOINTMENTS: RESCHEDULED B Y C 0 N S E N S U S
ARTS AND HUMANmES
COMMISSION
BIKEW A YSrrRAILS ADVISORY
COMMISSION
COMMUNITY SERVICES BOARD
HUMAN RIGHTS COMMISSION
MINORITY BUSINESS COUNCIL
PERSONNEL BOARD
ADD ON RECESS TO CLOSED SESSION @ 6: 15
PM
ADD ON CERTIFICATION OF CLOSED SESSION CERTIFIED @ 11-0 Y Y Y y y y y y y y Y
6:40 PM
MIN/O ADJOURNMENT 6:42 PM
Effective January 1,2009:
Virginia Beach City Council will hold
Informal and Formal Sessions
Olll the Second and Fourth Tuesdays of each month. Workshops will be scheduled
for the First and Third Tuesdays of each month.
PROPOSED RESOURCE MANAGEMENT PLAN
FY 2010 BUDGET WORKSHOPS
February 9, 10
Workshop to Develop Program Priorities
Economic Development Large
Conference Room - 8 a.m.-S p.m.
March ~:4
City Manager's Presentation of Budget
and CIP to City Council
Council Chamber - 6 p.m.
April 7
April I-I
April 21
April 16
April 28
MayS
May 12
Workshop
Workshop
Workshop
Public Hearing
Public Hearing
Reconciliation Workshop
Adoption
Council Conference Room
Council Conference Room
Council Conference Room
Green Run High School- 6 p.m.
Council Chamber - 6 p.m.
Council Conference Room
Council Chamber - 6 p.m.