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FEBRUARY 10, 2004 AGENDACITY COUNCIL MA YOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZ, EL. Kempsville - District 2 MARGARET L. EURE, Centerville - District 1 REBA S. McCLANAN, Rose Hall - District $ RICHARD A. MADDOX, Beach * District 6 l JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 JAMES K. SPORE, City Manager LESLIE L. MI, LEE City Attorney RUTH I-lODGES SMITH, MMCA, City Clerk CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA CITY HALL BUILDING I 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4305 FAX (757) 426-5669 E MAIL:Ctycncl~vbgov. com February 10, 2004 I. CITY MANAGER'S BRIEFINGS - Conference Room 1:00 P.M. to Bo Co Do Eo BOARD OF ZONING APPEALS (BZA) ANNUAL REPORT James A. Wood, Chairman CONVENTION CENTER REPLACEMENT UPDATE James B. Ricketts, Director, Convention and Visitors Bureau TOURISM 2004 MARKETING PRESENTATION James B. Ricketts, Director Convention and Visitors Bureau RESORT IMPROVEMENTS 2004 Steven T. Thompson, Chief Financial Officer Charles W. Meyer, Chief Operations Office MILITARY APPRECIATION WEEKEND - JULY 4th EVENT City Council Discussion and Direction II. REVIEW OF AGENDA ITEMS I11. CITY COUNCIL COMMENTS INFORMAL SESSION - Conference Room 4:30 P.M. A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION FORMAL SESSION - Council Chamber 6:00 P.M. A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Rabbi Benjamin Shull Temple Emanuel Synagogue C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS February 3, 2004 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. RESOLUTIONS / ORDINANCE . Resolution to REFER to the Virginia Beach Development Authority, for their consideration and recommendations, amendments to the Economic Development Investment Program (EDIP) Policy and Procedure. Resolution to RECEIVE and ACCEPT the Senior Citizen Real Estate Tax Relief Task Force's report; and, REQUEST appropriate action by the City Manager and support for legislative changes from the General Assembly. 3. Resolution to REQUEST the Commonwealth Transportation Board to ESTABLISH a project for improvement of thc Colonial Education Center at the Lynnhaven House. 4. Resolution re interim guidelines governing applications for land development in Air Installations Compatible Use Zones (AICUZ). 5. Resolution in SUPPORT of efforts to bring Major League baseball to the Hampton Roads Area. . Ordinance to ACCEPT and APPROPRIATE $465,399 from the Federal Emergency Management Agency (FEMA), APPROPRIATE $153,817 in the fire programs fund and TRANSFER $365,556 within the Fire Department's FY 2003-04 operating budget for replacement of breathing apparatus. J. PLANNING o Petition for a Variance for CAROL ANN PROPERTIES, INC to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and allow the property to subdivide into two lots at Highland Drive and Highland Court. (DISTRICT 1 - CENTERVILLE) Recommendation: APPROVAL . Applications ofF. DONALD REID at 3592 Indian River Road: (DISTRICT 7- PRINCESS ANNE) ao Variance to § 4.4Co) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and to allow a forty-five (45) foot lot subdivision with open space and walking trails in the Transition Area bo Change o_fZoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R20 Residential District c. Conditional Use Permit re Open Space DEFERRED: DEFERRED INDEFINITELY: Recommendation: December 2, 2003 for Sixty (60) days September 23, 2003 APPROVAL o Application of PAUL DANIEL BRENNEMAN re Conditional Use Permit for a commercial kennel at 3661 North Landing Road. (DISTRICT 7- PRINCESS ANNE) Recommendation: APPROVAL , Application of LI'L ONES HOME DAY CARE for a Conditional Use Permit re family care home (home day care) at 2038 Lyndora Road. (DISTRICT 1 - CENTERVILLE) Recommendation: APPROVAL o Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Change of Zoning District Classification from AG-2 Agricultural District and R-10 Residential District to Conditional R-7.5 Residential District at 960, 964 and 966 Old Dam Neck Road. (DISTRICT 7- PRINCESS ANNE) DEFERRED INDEFINITLEY: Recommendation: October 28, 2003 APPROVAL e Applications of A. NEAL KELLUM at 105 Happy Street: (DISTRICT 3 -ROSE HALL) a. Change of Zoning District Classification from A-12 Apartment District to R-7.5 Residential District (DISTRICT 3- ROSE HALL) b. Conditional Use Permit for a pet crematory Recommendation: APPROVAL . Applications of GS DEVELOPMENT, L.L.C. 959 Virginia Beach Boulevard: (DISTRICT 6 - BEACH) ao MODIFICATION of Proffers to a Conditional Zoning A-12 Apartment District to Conditional B-2 Community Business (Approved by City Council December 1 O, 2002) re storage of vehicles, plants, soil, mulch and decorative stone b. MODIFICATION of Conditions to a Conditional Use Permit (Approved by City Council December 1 O, 2002) (i) Number 1 re storage of vehicles, plants, soil, mulch and decorative stone (ii) Number 5 re standard operating hours Monday through Sunday from 6:00 a.m. to 8:00 p.m. Recommendation: APPROVAL o Application of JACK RABBIT SELF-STORAGE for a MODIFICATION_of Condition No. 10 to Conditional Use Permit (approved by City Council September 25 2001) re shared entrances at 5950 Providence Road. (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL ii i K. APPOINTMENTS BOARD OF BUILDING CODE APPEAL- Plumbing/Mechanical COMMUNITY POLICY and MANAGEMENT TEAM - CSA AT-RISK YOUTH COMMUNITY SERVICES BOARD - CSB (nominated 02/03/04) Madelyn H. Reass M.J. Nero FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE - HREDA HUMAN RIGHTS COMMISSION MINIORITY BUSINESS COUNCIL OPEN SPACE COMMITTEE PARKS and RECREATION COMMISSION PUBLIC LIBKARY BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION-VBCDC L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) Agenda02/10/04\bb www.vbgov.com I. CITY MANAGER'S BRIEFINGS - Conference Room 1:00 P.M. A. BOARD OF ZONING APPEALS (BZA) ANNUAL REPORT James A. Wood, Chairman Bo CONVENTION CENTER REPLACEMENT UPDATE James B. Ricketts, Director, Convention and Visitors Bureau Co TOURISM 2004 MARKETING PRESENTATION James B. Ricketts, Director Convention and Visitors Bureau Do Eo RESORT IMPROVEMENTS 2004 Steven T. Thompson, Chief Financial Officer Charles W. Meyer, Chief Operations Office MILITARY APPRECIATION WEEKEND - JULY 4th EVENT City Council Discussion and Direction II. REVIEW OF AGENDA ITEMS Ill. CITY COUNCIL COMMENTS INFORMAL SESSION - Conference Room 4:30 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. V. FORMAL SESSION - Council Chamber 6:00 P.M. A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Rabbi Benjamin Shull Temple Emanuel Synagogue C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS February 3, 2004 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. RESOLUTIONS / ORDINANCE . Resolution to REFER to the Virginia Beach Development Authority, for their consideration and recommendations, amendments to the Economic Development Investment Program (EDIP) Policy and Procedure. Resolution to RECEIVE and ACCEPT the Senior Citizen Real Estate Tax Relief Task Force's report; and, REQUEST appropriate action by the City Manager and support for legislative changes fi.om the General Assembly. . . o o Resolution to REQUEST the Commonwealth Transportation Board to ESTABLISH a project for improvement of thc Colonial Education Center at the Lynnhaven House. Resolution re interim guidelines governing applications for land development in Air Installations Compatible Use Zones (AICUZ). Resolution in SUPPORT of efforts to bring Major League baseball to the Hampton Roads Area. Ordinance to ACCEPT and APPROPRIATE $465,399 from the Federal Emergency Management Agency (FEMA), APPROPRIATE $153,817 in the fire programs fund and TRANSFER $365,556 within the Fire Department's FY 2003-04 operating budget for replacement of breathing apparatus. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Referring to the Development Authority Proposed Amendments to the Economic Development Investment Program Policy and Procedure MEETING DATE: February 10, 2004 Background: The City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 196 4, as amended and supplemented by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"). One of the primary purposes of the Act is "to promote industry and development trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate or remain in the Commonwealth .... " The City of Virginia Beach (the "City") established the Economic Development Investment Program ("EDIP") in FY1993-94, and has thereafter provided EDIP appropriations to the Authority to facilitate the accomplishment of the aforesaid purpose of the Act and the goals and objectives of the Authority as set forth in the Act. On January 25, 1994, the City and the Authority approved the Economic Development Investment Program Policy and Procedure (the "EDIP Policy") to ensure that the expenditure of EDIP funds is made in the public interest and is in fur/herance of the purposes for which the EDIP was established. City staff has recommended certain changes to the EDIP Policy. The EDIP Policy may not be amended without the prior consent of the City Council and the Authority. The Resolution refers the proposed amendments to the Development Authority for its consideration and recommendation. Public Information: Notice of this Resolution will be handled through the normal agenda process. Recommendations: Staff recommends that Council adopt the Resolution. Attachments: Resolution, Proposed Amendments to the EDIP Policy. Recommended Action: Approval Submitting Agency: Mayor Meyera E. Oberndorf and Councilmember Rosemary Wilson 1 2 3 5 6 7 8 9 10 Requested by Mayor Meyera E. Oberndorf and Councilmember Rosemary Wilson A RESOLUTION REFERRING TO THE DEVELOPMENT AUTHORITY PROPOSED AMENDMENTS TO THE ECONOMIC DEVELOPMENT INVESTMENT PROGRAM POLICY AND PROCEDURE WHEREAS, on January 25, 1994, the City Council of the City of Virginia Beach (the "City Council") and the City of Virginia Beach Development Authority (the "Authority:") approved the Economic Development Investment Program Policy and Procedure (the "EDIP Pol!cy") to ensure that the expenditure of Economic Development Investment Program ("EDIP") funds is made in the public interest and is in furtherance of the purposes for which the EDIP was established; WHEREAS, City staff has recommended certain changes to the EDIP Policy; and WHEREAS, Section 9 of the EDIP Policy provides that the EDIP Policy shall not be amended without the pdor consent of the City Council and the Authority. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There is hereby referred to the Development Authority, for its consideration and recommendation, proposed amendments to the EDIP Policy. A true copy of such proposed amendment is hereto attached. Adopted by the City Council of the City of Virginia Beach, Virginia, on the~ day ,2004. 26 of 24 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 CA-9076 C:~Documents and Settings\gfentres~Local Settings\Temp~EDIPPOL.res.wpd January 28, 2004 R-J Approved as to Legal Sufficiency: City Attorney's Office ECONOMIC DEVELOPMENT INVESTMENT PROGRAM POLICY AND PROCEDURE WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"); WHEREAS, one of the primary purposes of the Act is to enable development authorities "to promote industry and develop trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or remain in the Commonwealth .... "; WHEREAS, pursuant to § 6 of the Act, the Authority has the power, inter alia, "to sell, exchange, donate and convey any or all of its facilities or other properties whether realty or personalty whenever the Authority shall find any such action to be in furtherance of the purposes for which the Authority was organized"; WHEREAS, pursuant to § 7 of the Act, "the Authority may foster and stimulate the development of industry in the area within its jurisdiction... [and] may accept, and expend for the purposes stated above, money from any public or private source .... "; WHEREAS, pursuant to § 10 of the Act, the City of Virginia Beach (the "City") "is authorized and empowered to make appropriations and to provide funds for the operation of the Authority and to further its purposes"; WHEREAS, the economic development goals and objectives of the City include achieving a higher ratio of nonresidential to residential real estate assessments, investing in land and infrastructure to benefit future economic growth, and maximizing the return of economic development efforts through the development and implementation of programs and strategies that facilitate new business investment and encourage retention and expansion activities thereby improving the overall quality of life in the City; WHEREAS, the City has established the Economic Development Investment Program CEDIP") in ~h¢ ~.~" """ "~ ~"" ~ ~'"° "" '~--"-~ ' ............ "' ..... its overall effort to enhance the City's ability to accomplish these goals and objectives; WHEREAS, pursuant to the authority and empowerment set forth in § 10 of the Act, City Council has determined that it would be in the best interests of the City-to h-Zdisf~r "-- c.__.,_ -_ thc 1'"~'"" '- "~- '""---"-' ,~,..,,, account ,,., .,~ ~,,,.,,,.,,,,~ &ad to provide ftnm'e EDIP appropriations to the Authority to enable the Authority to more effectively continue its efforts to foster and stimulate economic development by ~ inducing businesses to locate or remain in the City; and (ii..) providing incentives to qualifying developers and property owners for the development or redevelopment of under improved or underdeveloped properties, or brown, fields, grey fields, or abandoned or blighted properties in areas of the City which have been designated as "Strategic Growth Areas" or "Economic Redevelopment ..Areas", including infill development within such areas; and WHEREAS, the City and the Authority have agreed that the provision of funds in the EDIP account to the Authority for economic development purposes, and the subsequent provision of such funds by the Authority to qualifying tmsmesses recipients, should be subject to policies and procedures which will ensure that the expenditure of such funds is in the public interest and is in furtherance of the purposes for which the EDIP was established; NOW, THEREFORE, the City of Virginia Beach and the City of Virginia Beach Development Authority hereby adopt the following Economic Development Investment Program Policy and Procedures (the "Policy"): PART A: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING BUSINESSES. 1. PURPOSE AND INTENT. The mating purpose of Part A of the Economic Development Investment Program shall be to enhance the ability of the City of Virginia Beach Development Authority to foster and stimulate economic development in the City by inducing new businesses to locate in the City, and existing businesses to remain in City · ,, ...... ., ....... the or to expand their operations· ~,, ~,..[,~,,~,~u~ ~,, ~,.,~· funds -'--" 1'~ I .J 1'~__ -1 J -' ....... !-. -'-- --' J 11 .i. &l- _ L ___ _Jla. --C -- -'_.--~. - __.la.l- &L_'_ -- 2 .................... a. _ L a... I __ _.1 ___ _-'__ _ __2'~ __ _,__ ..J_'_ . _'__& .... 6-- r?.hTl~ J~-,.__ I ...... 1--- L-- ._,L_'I_'__-I ~. ....J___L ___ -'~. lllL~;,i~,~)t~. J,_~J..,~'l ! ·U. IIU.~ Il·ely CU,,~I~J [J~ U. LllJ./,~;;~J. [U {v~J/lUllllv~ (]l~vlllLK~.l~vtU.J, tll CU.iu ~ll~J,.lJ~llll,~ ,3-'_----&1-. I Ja._ _-' ....... -'- J I ___&-'__-'--'_a2 JI --__:__a._ L_: ____ J,,_~.- .1 1.... ,LI--__ I _,~.1-- __--.2'.,.-_ --__ 1----!-- --1.~ --.L~ J.l_ _ 2 INVESTMENT CRITERIA "~ .......th '": ....... = = .....'- · . "~. VVlll~,lil;~Vll;,t~; U~LUL UI ~U~U/t~ .... ' ......fig -- b h~ f ~ '--'~-~'-- ~ ........ '--- ~ --- ~ '- p id ~ ~--- ~- ~.,~.,~., a rcgu -scheduled ~, ~w~,~,,,~-,,~ of ~c Au . Except as o~e~ise provided in p~a~aph ~4 of ~is P~ A, prior [~ n~ng ~,, ~ ,.~,,~,,~,,, ~. ~nds may be aw~ded p~su~t to P~ A of ~is Policy where ~e Dkector of ~ono~c Developmegt {~e "Dkector") has detained, ~d has advised ~e Au~ofity ~at one or mom of ~e following cfiteha have been met: .:;. .. ~,., -.. ir. a_. The net amount of direct tax revenues returned to the City by a business to which EDIP funds are provided will exceed the amount of EDIP funds so provided no later than thirty (30) months from the date on which the business commences operations at a new or renovated facihty; iix. b~ For every one dollar ($1.00) in EDIP funds provided, the business to which such funds are provided will spend twenty-five dollars ($25.00) or more in new capital investment, including buildings, furnishings, and/or equipment; and/or iii. c_ Every one thousand dollars ($1,000.t30) in EDIP funds provided will yield at least one (1) new "full-time equivalent" employment opportunity paying an average annual salary of $35,000 (excluding benefits) in the business to which such funds are provided. These criteria shall be reviewed by the Director Econoridc Dcvclop,~e.at and the Director of the Department of Management and Budget on a bi-annual basis, be ag ,,,1 ~,,,~L,o~, I, ~:,:,o, provided, '- .......... __.2.~.t- .... 1_ g a.t.. _2a._2 _ _'L _!1 -- _a. t.. ...... -1_ -1 __.-'a.L _._a. 1- --: ---~. -1 1 _~, .,__ ,-,: ..... -1 .~__ , __.,__-._. pri ,,, ~,,~ ,..,,j ~L,~ ,,,, ~,,-,,,~-,j. The Director shall recommend any appro ate revisions to the City Conncil and the Authority for further consideration and action. APPLICATION FOR EDIP AWARD. A business who desires EDIP funds to locate, relocate or expand its business in the City of Virginia Beach may make application for that purpose through the Department of Economic Development. The applicant shall submit such information and documentation concerning its application as may be required by the Director. The Director shall review the application and information submitted and may, if the Director finds that the application meets the requirement of this Part A, recommend to the Authority that it award EDIP funds to the business. 54. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director - ~,, ~,.u,,,,1,-,~ ,.,~,~,,,F,--~,l,, acting on behalf of the Authority, determines the need to provide EDIP funds to a specific business, but the criteria set forth in paragraph 2 of this Part A have not been met, the Authority shall obtain specific approval from City Council prior to its approval of the provision of EDIP funds for such purpose. 45. AUTHORITY FINDINGS AND ACTION. Based upon the recommendation of the Director~,~ ~,~,~'~,v'-~-~, the Authority shall either approve or disapprove err the proposed provision of EDIP funds to the business;. The Authority shall not be required to approve the Director' s recommendation,.but shall exercise its legislative discretion in determining whether,, and to what.extent, the application satisfies Part A of this Policy and the Authority's .objective of fostering and stimulating the development of industry in the City, Provided ~, however, that prior to approval, the Authority must make the following findings: a. That the animating purpose of the proposed provision of EDIP funds to the business is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach, and that the expenditure of such funds will only incidentally enure to the benefit of private interests, if at all; and b. That the proposed provision of EDIP funds to the business is in furtherance of the purposes for which the Authority was created-:-; c. That without the stimulus of the EDIP award it is unlikely that the business would locate or remain in the City; and d. That as of the date of approval of the EDIP award, the business had not yet commenced construction of the proposed improvements. 5~_. APPROVAL OF AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds to a specific business pursuant to this Part A shall be in the form of a resolution which shall include the following information: a. The name, location, and nature of the business to which the funds will be provided; b. The amount of funds that will be provided; c. The purpose or purposes for which the funds will be provided; d. A statement that the criteria set forth in paragraph 2 of this Part A ~""-:- Policy a-id ~----~--- ~,~ ~,,.~ ,,~,~.~,u~ have been met; or, in the alternative, that City Council has specifically approved provision of EDIP funds for such purpose pursuant to paragraph ~34 of this Part A; and e. A statement that the findings set forth in paragraph ~_ of this and ,~ocedure Part A have been made by the Authority. ~J. i-/'t I IVll,.ll I VI I,..l~/Ir ~},/lll,/qk,1, UlJk~ LJlU ~i~J¥i~iU/i Ui J-~J-JJ.[ ILlll~ LU C{ L..--" .... L--- L ............ J L-. 4.L_ & _.~.L--24.-. a.L_ /?..--J-- _L_11 ----1-. L ...... :J--J 4.~ UU3111G~3 LX(I,3 Ul.,~11 ~%tJI.)IUYGU U.¥ tlJG Z'~UtlIUJ./L~ UIG lUJlklb ~ilcl.1/ UJ/i.~ U~: IJxu¥xuK3u LU L.. --" ......... 4.L .... L__-: -----' ---- _.E' =' .... .' .... L .... _'__ __ 4.L -- _ _,4.,.. --1 -- -- -.a--- -' ...... J L-. 4.L _ L.. --' fo~- thc pu~-posc o~- pui-t:,oscs `~ ..... ~':-'- '~-- ':---: ....... ~ ' iui wiii~, ul~ lu.u~ wc,~ _£ovidcd; PART B: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN STRATEGIC GROWTH AREAS OR ECONOMIC REDEVELOPMENT AREAS. 1. PURPOSE AND INTENT. It is recognized that within the City there are areas that are currently brownficlds, greyfields or vacanL abandoned, under improved or underdeveloped with improvements or land uses which are not economically viable but, if developed, should stimulate industry and economic development within the City.. Moreover, such properties and areas, if d. eveloped or redeveloped, may reasonably be expected to (i) generate additional tax revenue as a result of capital investment; (ii) create additional job opportunities; (iii) influence similar redevelopment and additional investment in nearby properties;(iv) further the goals of the Comprehensive Plan and be consistent with good zoning principles; and (v) lead to the establishment of safe and convenient neighborhoods and workplaces. Accordingly, it is the animating purpose of the Economic Development Investment Program under Part B of this Policy to enhance the ability of the City of Virginia Beach Development Authority to foster and stimulate economic development in the City_ by providing incentives for the development or redevelopment of properties described herein. 2. ECONOMIC REDEVELOPMENT AREAS AND STRATEGIC GROWTH AREAS. The Directors of the Departments of Economic Development and Planning shall identify areas of the City (i) that are currently brownfields, greyfields, or vacanL abandoned, under improved or underdevelopedg and (ii) which should be considered for redevelopment or special development opportunities, but may lie outside of the Strategic Growth Areas as set forth in the City's Comprehensive Plan. Such areas shall be known as "Economic Redevelopment Areas". Once identified, an Economic Redevelopment Area must be submitted to the City Council for designation as such by ordinance. To qualify for EDIP funds under Part B of this Policy, a developer or owner of property must demonstrate that the subject property is located within a Strategic Growth Area which has been designated as such in the Comprehensive Plan or has been designated an Economic Redevelopment Area as defined herein by ordinance of the City Council. For p.urposes of this Policy, the term "brownfields" means vacant, abandoned or under improved real property large enough to support significant expansion, redevelopment or reuse, but for which such expansion, redevelopment or reuse is complicated by the presence of a substantial amount of hazardous substances, pollu..tants, or contamination. 3. QUALIFYING LAND USES. ED1P funds under Part B of this Policy may be provided for office~ industrial, retail, hotel and. mixed use development (including high density and multi-family residential uses). 4. INVESTMENT CRITERIA. EDIP funds may be awarded pursuant to Part B of this Policy, in such instances where the Director has determined, and has advised the Authority, that .both of the following criteria have been met: a. The net amount of direct tax revenues returned to the City as a result of the development or redevelopment for which the EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following .the. payment of the EDIP award; or where flexibility for tax abatement has been granted by the City, the .....amount of direct tax revenues abated as a result of the development or redevelopment for which EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award. b. For every one dollar ($1.00) in EDIP funds provided, the. owner or developer of the development or redevelopment for which such funds are provided will spend twelve and 50/100 dollars ($12.50) or more in new capital investment, including buildings, furnishings, .and/or equipment. The foregoing investment criteria and required return to the City shall be interpreted as being a threshold for consideration for the award of EDIP funds. No award of such funds may be made unless all other requirements of Part B of this Policy are satisfied and all findings stated in Part B of this Policy are made. 5. AVAILABILITY OF FUNDS. EDIP funds may be authorized for use pursuant to Part B of this Policy only to the extent that they have been. appropriated by the City Council. Further, provided that in any given fiscal year, the Authority shall not award more than fifty percent (50 %) of its appropriation for EDIP use for that year for development or redevelopme, nt. purposes pursuant to Part B of this Policy without authorization of the City Council. ': ,:' * [ ' ti .~. "---'.: 6. APPLICATION FOR EDIP AWARD. A qualifying developer or owner of land who desires EDIP funds for use in the development or redevelopment of property located in a Strategic Growth Area or an Economic Redevelopment Area may make application for that purpose through the Department of Economic Development. The applicant shall submit such information and documentation concerning its application as may be required b.y the Director. The Director shall review the application and information submitted and may~ if the Director finds that the development or redevelopment of the property described in the application satisfies all requirements of this Part B, recommend to the Authority that it award EDIP funds to the applicant. In determining whether to recommend that EDIP funds be awarded to an applicant, the Director shall find as follows: a. Whether the provision of EDIP funds is necessary to stimulate the development or redevelopment of the property/_ar_ ea; and b. Whether the development or redevelopment satisfies the investment criteria set forth in paragraph 4 of this Part B. Additionally, the Director may consider the following: c. The amount of EDIP funds remaining and available for use pursuant to this Policy for the fiscal year. d. The economic return to the City generated by the development or redevelopment in addition to the criteria set forth in paragraph 4 of this PartB. e. The expertise and experience of the developer or property owner in redeveloping brownfields, greyfields, abandoned, blighted, under improved and underdeveloped properties. f. The degree to which the redevelopment may influence development or redevelopment within the Strategic Growth Area or the Economic Redevelopment Area and adjacent or nearby properties. g. The extent to which the development or redevelopment may serve to implement a change.in use which is consistent with and/or furthers the goals of the Comprehensive Plan. h. The number and types of jobs which the development or redevelopment may expect to generate. ~. '~ h '.', ';4 ," "'[ ~,~ i. The amount of the applicant's capital investment in the development or redevelopment of the property. j. The extent to which the plan of development or redevelopment incorporates mixed uses , provides open space and focuses on transportation and transit accessibility_. 7. AUTHORITY FINDINGS AND ACTION. Based upon the recommendation of the Director, the Authority shall either approve or disapprove the award of EDIP funds to the applicant. The Authority may attach conditions to the approval of the award of EDIP funds. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the applicant' s proposed development or redevelopment satisfies Part B of this Policy and the Authoritw's objective of fostering and stimulating the development of industry in the City. Provided, however, that prior to approval of the award of EDIP funds to an applicant, the Authority must make the following findings: a. That the animating purpose of the proposed provision of EDIP funds to the applicant is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach, and that the expenditure of such funds will only incidentally enure to the benefit of private interests, if at all; b. That the proposed provision of EDIP funds to the applicant is in furtherance of the purposes for which the Authority was created; c. That without the stimulus of the EDIP award it is unlikely that the property would be developed or redeveloped to the extent proposed, or at the current time; d. That as of the date of approval of the EDIP award, the applicant had not yet commenced construction of the proposed development or redevelopment; e. That the property has been designated (or is in an area which has been designated) as a Strategic Growth Area by the Comprehensive Plan or an Economic Redevelopment Area by ordinance of the City Council; f. That the proposed development is consistent with the City's Comprehensive Plan: and g. That, the scope and quality of the plan of development or redevelopment as proposed, will serve to influence redevelopment and additional capital investment in adjacent or nearby.properties. 8. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the, Authority of the provision of EDIP funds pursuant to this Part B shall be in the form of a resolution which shall include the following information: a. The name of the owner or developer of the property, and .the. location and a brief description of the development or redevelopment; b. The amount of funds that will be provided; c. The purpose or purposes for which the funds are to be provided; d. A statement that the criteria set forth in paragraph 4 of this Part B have been met; e. A statement that the findings set forth in paragraph 7 of this Part B have been made by the Authority; and. f. Any conditions to the approval of the award of the EDIP funds by the Authority. 9. ALTERNATIVE USES OF PART B FUNDS BY THE AUTHORITY TO PURCHASE PROPERTY IN A STRATEGIC GROWTH AREA. The Authority may use EDIP Funds to purchase property within a Strategic Growth Area or an Economic Redevelopment Area. Prior to the approval of the use of EDIP funds for such acquisition, the Authority must find that: a. The property is located within a Strategic Growth Area or an Economic Redevelopment Area; and b. The acquisition of the property by the Authority and its subseque.n.t development or redevelopment will be in conformity with and/or t:I ~-"Y, 4 ..:..~', ~,\ :/': ~:~ i~. '?, .......... furthers the goals of the City's Comprehensive Plan and Part B of this Policy. Any property purchased by the Authority using EDIP funds pursuant to paragraph 10 of this Part B may disposed of in accordance with state law and may be subsequently be sold to a private party for development or redevelopment. In the event of such sale, the Authority shall attach appropriate conditions to assure that the development or redevelopment is in conformity with and/or furthers the goals of the City's Comprehensive Plan, and is in furtherance of the objectives of Part B of this Policy. The proceeds of any property purchased by the Authority and sold pursuant to paragraph 10 of this Part B shall be returned to the EDIP fund account. PART C: GENERAL PROVISIONS APPLICABLE TO BOTH PARTS A AND B. 7-:1_. SEPARATE ACCOUNT FOR EDIP FUNDS. EDIP funds shall be maintained by the Authority in a separate account and shall not be commingled with other Authority funds. 2_ EDIP FUND EXPENDITURES. All expenditures of EDIP funds shall be in keeping with this Policy and may enure only incidentally to the benefit of private interests. In addition to the use of EDIP funds pursuant to Parts A and B of this Policy, EDIP funds may also be utilized to conduct appraisals, financial and market studies, .and architectural and engineering studies directly related to specific economic development initiatives and/or projects being conducted by the Authority on behalf of the City. PAYMENT OF EDIP FUNDS. When EDIP funds are awarded pursuant to either Part A or Part B this Policy, they shall be paid to the authorized business or the owner or developer at such time as the Director shall (i) obtain copies of invoices/receipts from the business, or owner or developer showing the actual costs incurred for the purpose or purposes for which the funds are to be provided; (ii) determine that the development or redevelopment is in conformity with the plan of development presented to the Authority and with all conditions which may have been attached to the approval of the award of the funds by the Authority; and (iii) where required bythe Authority, the business, or owner or developer shall execute and deliver to the Authority an EDIP Recapture Agreement in a form acceptable to counsel for the Authority. 4. SPECIFIC PURPOSES FOR THE USE OF EDIP FUNDS. When EDIP funds are awarded to an applicant pursuant to this Policy, such funds shall be used for ~.~ 't~ 10 i. , ~..~, ,~:. !..; ...... = ~,. the purposes set forth in § 2.2- 115( C )of the Code of Virginia. These purposes are as follows: Public and private utility extension or capacity development on and off~site~ road, rail, or other transportation access costs beyond the funding capability of existing programs; training costs; site acquisition: grading, drainage, paving, and any other activity required to prepare a site for construction; construction or build-out of publicly owned buildings; or anything else permitted by law. 8.5. REPORTING. The Authority shall provide City Council semi-annual reports, on or before June 30 and December 31 of each year, outlining, in detail, the manner in which the funds were provided. Such reports shall include, at a minimum, the information required by subsections a, b, and c of paragraph 5 of Part A, subsections a, b, and c of paragraph 8 of Part B, and information demonstrating compliance with the provisions of this Policy and Procedure. 9:.6~ AMENDMENTS TO POLICY. The provisions of this Policy and Pmeettm~ shall not be amended without the prior consent and approval of the City Council and the Authority. -H~.7~ APPLICATION OF POLICY. This Policy and Proccd-ai-e is specifically applicable to the expenditure of ~' ..... '- '" .... ' ....... ' ........... " ..... EDIP funds. This Policy a,ad Proccd-arc is not intended to be, nor shall it be deemed to be, applicable to the use of public funds from any source other than the EDIP. -1-tx. 8~ EFFECTIVE DATE OF POLICY. This Policy a,ad ~----'---- · ·~,,,,,~u·~ shall become effective immediately upon its approval by the City of Virginia Beach and the City of Virginia Beach Development Authority, which approval shall be evidenced by signature of the Mayor of the City of Virginia Beach and the Chairman of the City of Virginia Beach Development Authority acting by, and on behalf of, the City and the Authority, respectively. Mayor, City Of Virginia Beach F:\Users\WaIId¢}IWP~BZA'tEDIPR4.POLwpd DF-4471 11 Chairman, City of Virginia Beach Development Authority .: ..-: .-~.-'~"~.~'~. ~ . ~, ""~. ~, r: 2. o ~ '" : '.' ':; ii: ¢\ ~: I., ,:,.-: : ~'~. ,, ,. ... . :'~ .' ..g' ' ' "~ ' ' ' , · '"- '~, r ......... :~. ., ,{ .. <:-. . '(,.. ' ... . ~:.. ... '.'~:"~~ '3 · . . ;~ II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution to Receive and Accept the Report of the Senior Citizen Real Estate Tax Relief Task Force and Request Appropriate Action by the City Manager and the General Assembly MEETING DATE: February 10, 2004 Background: The City Council created the Senior Citizen Real Estate Tax Relief Task Force on May 6, 2003, charging it with studying the impact of rising real estate tax assessments on senior citizens. After a series of meetings, the Task Force prepared a comprehensive report, which was presented to the City Council on December 2, 2003. Considerations: The Task Force's report recommended changes to the City's existing real estate tax relief program, such as increasing net worth and income limits, that can be implemented under existing law. It also proposed revisions to the current state law and the Virginia Constitution to provide localities more flexibility in fashioning exemptions for senior citizens, including the ability to freeze the amount of real estate taxes paid by residents once they reach the age of 65. The proposed resolution accepts the Task Force's report, and requests that the City Manager act on the recommendations that require no state law changes, such as increasing existing net worth and income limits. The resolution further requests that copies of the report be transmitted to members of the City's local delegation to the General Assembly, and that the General Assembly support the changes to state law and the Constitution that are outlined in the report. Public Information: A public hearing on this subject was conducted on January 6, 2004. resolution will be publicized through advertisement of the Council agenda. This Attachment: Resolution Recommended Action: NIA Submitting Department/Agency: City Council City Manager: Requested by Councilmembers Jim Reeve, Richard Maddox and Ron Villanueva A RESOLUTION TO RECEIVE AND ACCEPT THE SENIOR CITIZEN REAL ESTATE TAX RELIEF TASK FORCE'S REPORT AND TO REQUEST APPROPRIATE ACTION BY THE CITY MANAGER AND THE GENERAL ASSEMBLY 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS, the Senior Citizen Real Estate Tax Relief Task Force ("Task Force") was created on May 6, 2003, and charged with studying the impact of rising real estate tax assessments on senior citizens; WHEREAS, the Task Force researched the issues involved and prepared a comprehensive report, which includes recommendations on increasing existing income and net worth limits on eligibility for tax relief, as well as suggested state law revisions and a proposed amendment to the Virginia Constitution that will offer localities flexibility in providing tax relief for senior citizens; and WHEREAS, the Task Force presented its report on December 2, 2003, to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the Task Force's report dated October 21, 2003, is hereby received and accepted by the City Council. 24 25 26 27 28 29 2. That the City Clerk is hereby requested to transmit a copy of the Task Force's report to all members of the City's local delegation to the General Assembly. 3. That the General Assembly is hereby requested to support the revisions to state law and the amendment to the Virginia Constitution proposed by the Task Force's report. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. CA-9105 ORDIN\NONCODE\seniorcitres.wpd R-2 February 4, 2004 APPROVED AS TO LEGAL SUFFICIENCY' ITEM' MEETING DATE: CITY OF VIRGINIA BEACH AGENDA ITEM A Resolution to Request the Commonwealth Transportation Board to Establish a Project for Improvement of the Colonial Education Center at the Lynnhaven House February 10, 2004 Background: Lynnhaven House, Southeastern Branch APVA, plans to construct a Colonial Education Center. An exhibition is planned for the Education Center that will focus on the importance of Cape Henry in U. S. history, and especially in the development of water transportation on the Chesapeake Bay. Lynnhaven House has requested a $334,000 grant from the Commonwealth Transportation Board. Considerations: The resolution requests the Virginia Department of Transportation to establish this exhibit as a project. It does not create a financial obligation on the part of the Public Information' To be publicized as part of the City Council's agenda. Attachments: Resolution Executive Summary Application Form Recommended Action: N/A Submitting Department/Agency: City Manager: City Council H:\GG\ordres\Colonial Education Ctr.arf. doc 1 Requested by Councilmember Rosemary Wilson 2 3 A RESOLUTION TO REQUEST THE COMMONWEALTH 4 TRANSPORTATION BOARD TO ESTABLISH A PROJECT 5 FOR IMPROVEMENT OF THE COLONIAL EDUCATION 6 CENTER AT THE LYNNHAVEN HOUSE 7 8 WHEREAS, in accordance with Commonwealth 9 Transportation Board Construction allocation procedures, it is 10 necessary that a request by resolution be received from the 11 local government or state agency for the Virginia Department of 12 Transportation program a transportation enhancement project in 13 the City of Virginia Beach. 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 That the City of Virginia Beach requests the 17 Commonwealth Transportation Board to establish a project for the 18 improvement of The Colonial Education Center at Lynnhaven House, 19 called The Museum of Water Transportation: The Chesapeake and 20 Its Tributaries, 1607 to the Present; "The King's Hyway." 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the day of , 2004. CA-9109 H:\GG\OrdRes\Colonial Education Ctr.res.doc R-1 February 4, 2004 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney'~~Office .lan-26-O4 O7:59A Elizabeth D. Mooz (757) 422-6127 P.03 EXECI.ITIVE SUMMARY EXHIBI'I'I ON PI.ANS lb:: the COI,ONIAL EDUCAIION CENTER ot INNNHAVEN HOUSF., .qourtheastern Branch APVA. Virginia [,each, ~'a. i.ynnhaven House desires to install an cx.hibition using virtual reality tcchrr combined with actual historical objects in its newly constructed Center. TI be hou.,;ed in its rnain cnmu~ce, principal corridor and ~.he multi-mcr.ia galle supplemented by changing: exhibits in the Great Hall. l'he exhibit will Ibc~ import;race of Cape Henry the importancc of wmer translXm in the hislory Chcmpcakc and its tributaries and thc role of l~ynnhaven House ami the I; 1 lem'y l.ighthousc, sister [.fistoric sites owned by thc APVA. in the cstablisl creation of the UNITED STATES. Four of thc many purpo~s ofthe pro tbllows: quo8 te exhibits will ry. It will be ~s on the of the 91 (.'.ape tment and icct are as *** To dramatically den:onstrat¢ the hnportance of WATER TRYaN SPO TI'A']'I (-)N. especially in colonial time:;, eCklcate others al~mt thc role water trm~sporl I .lays today and t6ster thinking about how water transport can be used h~ the future to perhaps relieve certain problems in land tmnsln~rt or hclp postpone some of tho.,e .~roblcn ~s tmtil even more creative .,~dutions lc, improve transportation can be inspired. *** To provide local inhabitants, school children and tourists an experice¢c of seeing a ~¢at surviving house from early colonial times, complete with authentically clothed doccms and actual object:: l¥om the period which tell the stoW of t~meric~ 's tbrmative years. *** 1'o create another m:w major tourist destination point in Virginia Beaclx, offer a quality activity ~dl visitors, desired by the affluent mark~ sector a;xl other: alike, and encourage longer stays by the 2-3 million visitors who r~w tx~me to our mea each year. *** l'o help educate Americans about the hnportaace of Cape Henry in ¢'ur Nations' history and take its rightft~l place along with Plymouth Rock, lnd¢l:cndenc .' l tail, Williantsburg, etc., as a primal site in thc lbrmation of our coumD,. Cape I [enry &' the place where the first permanent settlers of America came ashore, tl' e scene of the great. lmval battle which won th,: American Revolution, and the l'~fint of navigati on and commerce at the time of the Articl~ ol'ConI;2dcration that providet majo~ impetus to the convcntiom~ at. MI. Vernon, Annapolis and Philadelphia ia 1787. which resalted in the adoption of our United Slates Constitmion. Tlu.t.lUtwls to build the Center have already been secured by priva,'e donariom'. A grant _[bom the ( ~mmonwealth ,?f girginia 's Dep~tmem of Tra~rtation h~ been wriffen requesting $ 334, 0~0 to create, lmoduce a~ install the exhibilion. The h stow and themes' presented in the C~nter shouM open the way.fiJr conlinuin~rj~ndit g pom local and National ,~'ources. Jn a~tion, t~ t.~nter and its ~hibition shrmM in :rease tourist admissiome for Lynnhaven Hou. re, the 179t Lighthot~e a~ other aistoric sites in our area a~ make m,w economic impact.for Vi~inia Beach. ~a 1/22/04 jan-26-04 08:00A Elizabeth D. Mooz (757) 422-6127 ENHANCEMEI A. The Boa: 4401 Wishes V irginia Bee B. As Abov C. Hon. Re 757-422. D. R. Peter '757-422. E. #12 Esta F. Museum the Presc working G. Create, p related t¢ fisrt porn a major i the Virgi include c show pr, .watcrwa,. multi-me ! I. Early Fei I. As above j. Sec attac K. The Bo~ L. $334,000 M. $95,000 (Total co N. $95,000 25,000 a 9,000 aP 60,000 p building 4T PRO.1ECT APPI,ICATION FORM 1/22/04 rd of Directors, Lsxmhaven House, Southeastern E;r,-mch ,tPVA. Rd. :h, VA. 23455 ,maw Wilson. Chairman. Board of Directors 0733 Fax 757-428-8783 rwilson3 l~i~cox.m :! Mooz, PhD., Executive Director 6182 Fax 757-422-6127 pm2345 l(c~iaol.cm n alish Transportation Museums >f Water Transportation: The Che~peake and it,. Tribut tries, 1607 to E, at the Colonial Education Center ol'l.ynnhave~'~ Iious¢. ( tentative ,,xhibition title: "The King's tt~vay") 'educe and install an exhibition of water transport ~ttion, ¢ the period 1607 to 1789 when Cape Henry witnessed th, anent sc'triers, the winning naval battle of thc Am~xican i; .apetus to the adoption of the lis Constitution as ,,~ell as aa Beach area m~d daily lifo at Lynnhaven Hou.se. The pr, hanges and development in thc waterway in the I~t~ and ;pcoially : arrival ffthc evolution, and peal events in :sentation will !0m century, :scm tmasporlation modes and foster thinking abmt thc ase o1' 's in thc lhture. Il will be installed in the entrance, nmin c ~rridor ',and lie galleries of the Center now lhnded and under ,:onstruxion. rd of Dir.ectors of Ly~mhaven House, Southeastent Brancn APVA. cash, plus in-kind and volunteer services s! of project $430,000. Match equals 25.8%) building fund ¢onfa'med 95,000 ,lx>rtioncd part of site work donation anticipated total 1,~0,000 ,artioned part of in-kind construction nmm~tgemcm~ confia med total us volunteer time of architects, accountants, bushtess lea lets and other xpcrts, etc est. total 100,000; m~d paid stall' time uontrib ~tion 40,000. II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Adopting Interim Guidelines Governing Applications for Development in Air Installations Compatible Use Zones (AICUZ) MEETING DATE: February 10, 2004 Background: On December 9, 2003, the City Council established the Task Force on Land Use in Air Installations Compatible Use Zones (AICUZ) and charged it with overall duty to "work cooperatively with the Navy, the Department of Defense, the Congress of the United States, and other components of the United States Government at the highest possible levels to reach mutually acceptable and beneficial solutions by which reasonable development opportunities within the City may be maintained without adversely affecting flight operations or compromising the Navy's mission." In accomplishing this task, one of the specific responsibilities given the Task Force was to develop intedm policies governing applications for land development which the Navy feels would be incompatible with flight operations. · Considerations: The Task Force met on February 3 and developed the interim policies, which are set forth in the Resolution and in the attached document entitled "Interim Guidelines Governing Applications for Development in Air Installations Compatible Use Zones (AICUZ)" · Public Information: This resolution has been advertised in the same manner as other City Council agenda items. · Recommendations: Adoption of Resolution · Attachments: Proposed Resolution and Interim Development Guidelines Recommended Action: Approval Submitting Department/Agency: Planning Departmen~~~-~ City Manager' ~~"~ 1/~ .'~ ~ rt- 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 A RESOLUTION ADOPTING INTERIM GUIDELINES GOVERNING APPLICATIONS FOR DEVELOPMENT IN AIR INSTALLATIONS COMPATIBLE USE ZONES (AICUZ) WHEREAS, on December 9, 2003, the City Council established the Task Force on Land Use in Air Installations Compatible Use Zones (AICUZ) and charged it with the duty to "work cooperatively with the Navy, the Department of Defense, the Congress of the United States, and other components of the United States Government at the highest possible levels to reach mutually acceptable and beneficial solutions by which reasonable development opportunities within the City may be maintained without adversely affecting flight operations or compromising the Navy's mission;" and WHEREAS, in accomplishing this task, one of the specific responsibilities given the Task Force was to develop interim policies governing applications for land development which the Navy feels would be incompatible with flight operations; and WHEREAS, the Task Force has developed the aforesaid interim policies, which are set forth hereinbelow and in the attached document entitled "Interim Guidelines 26 Governing Applications for Development in Air Installations 27 Compatible Use Zones (AICUZ);" 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 That the City Council hereby adopts the Interim 31 Guidelines Governing Applications for Development in Air 32 Installations Compatible Use Zones (AICUZ), as hereinafter 33 set forth' 34 Interim Guidelines Governing Applications for Development in Air 35 Installations Compatible Use Zones (AICUZ) 36 1. Purpose. 37 The City of Virginia Beach has agreed to engage with 38 the Navy in a Joint Land Use Study (JLUS) to resolve 39 conflicts between development and jet aircraft operations 4O near NAS Oceana. This agreement necessitates a careful 41 balance between the City's commitment to act in a timely 42 manner on land use proposals in the affected area and the 43 City's commitment to partner with the Navy to carefully and 44 comprehensively work toward a mutually acceptable land use 45 solution. It is reasonably anticipated that the JLUS 46 effort will take at least six (6) months and perhaps a year 47 to complete, such that this passage of time will work 48 against the interests of those citizens seeking quick 49 50 51 52 53 54 55 56 57 58 59 60 61 62 64 65 67 68 69 70 71 resolution to their land use issues. Accordingly, the City Council of the City of Virginia Beach sets forth these interim guidelines intended to move forward, for resolution on their merits, those rezoning and conditional use permit requests that are impacted by the AICUZ program but whose impact is not deemed detrimental to the desired balance to be struck through the JLUS effort. 2. Application. (a) These guidelines govern the procedural aspects of discretionary development applications (i.e., applications for rezonings, conditional zonings and conditional use permits requiring hearing by the City Council and 'Planning Commission) pertaining to property located wholly or partially within an Air Installations Compatible Use Zone (AICUZ), except for those applications which have been filed with the Department of Planning as of February 3, 2004. (b) These guidelines do not apply to the review of subdivision plats, site plans or other forms of review of proposed developments not requiring the approval of the City Council nor to applications for discretionary approvals on property entirely outside of an AICUZ area. 72 3. Guidelines. 73 (a) Infill development on tracts or parcels of less 74 than ten (10) acres, where all of the following conditions 75 are present should be considered by the Planning Commission 76 and City Council in the normal course and should be decided 77 on the merits of the application' (1) the existing zoning 78 is unreasonable; (2) the requested action would give rise 79 to development substantially similar to that on surrounding 80 properties; and (3) the requested use is the least 81 intensive necessary to achieve consistency with the 82 surrounding properties. 83 (b) Development proposals for property wholly or 84 partially located in AICUZ areas and not meeting the 85 criteria set forth in subsection (3) (a) above should be 86 considered by the Planning Commission and City Council in 87 the normal course and should be decided on the merits of 88 the application where all of the following conditions are 89 present: (1) the property is not located, wholly or 90 partially, within an Accident Potential Zone; (2) the 91 development proposal represents the lowest reasonable 92 density or intensity for the property, given its location 93 and surrounding land uses; (3) the property is not located, 94 wholly or partially, within a noise zone greater than 70 dB 95 96 Ldn (except where the uses proposed are deemed compatible with their location in such noise zone pursuant to Section 97 221.1 of the City Zoning Ordinance); and (4) all 98 99 appropriate noise attenuation measures specified by Section 221.1 of the City Zoning Ordinance are provided. 100 (c) Ail other applications should be deferred by the 101 Planning Commission or City Council, as the case may be, 102 pending completion of the Joint Land Use Study. 103 104 105 Virginia, Adopted by the Council of the City of Virginia Beach, on the day of , 2004. CA-9110 H:\OID\ordres\interimAICUZ guidelinesres.doc R-1 February 3, 2004 APPROVED AS TO CONTENT: Planning Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Interim Guidelines Governing Applications for Development in Air Installations Compatible Use Zones (AICUZ) 1. Purpose. The City of Virginia Beach has agreed to engage with the Navy in a Joint Land Use Study (JLUS) to resolve conflicts between development and jet aircraft operations near NAS Oceana. This agreement necessitates a careful balance between the City's commitment to act in a timely manner on land use proposals in the affected area and the City's commitment to partner with the Navy to carefully and comprehensively work toward a mutually acceptable land use solution. It is reasonably anticipated that the JLUS effort will take at least six (6) months and perhaps a year to complete, such that this passage of time will work against the interests of those citizens seeking quick resolution to their land use issues. Accordingly, the City Council of the City of Virginia Beach sets forth these interim guidelines intended to move forward, for resolution on their merits, those rezoning and conditional use permit requests that are impacted by the AICUZ program but whose impact is not deemed detrimental to the desired balance to be struck through the JLUS effort. 2. Application. (a) These guidelines govern the procedural aspects of discretionary development applications (i.e., applications for rezonings, conditional zonings and conditional use permits requiring hearing by the City Council and Planning Commission) pertaining to property located wholly or partially within an Air Installations Compatible Use Zone (AICUZ), except for those applications which have been filed with the Depamnent of Planning as of February 3, 2004. (b) These guidelines do not apply to the review of subdivision plats, site plans or other forms of review of proposed developments not requiring the approval of the City Council nor to applications for discretionary approvals on property entirely outside of an AICUZ area. 3. Guidelines. (a) Infill development on tracts or parcels of less than ten (10) acres, where all of the following conditions are present should be considered by the Planning Commission and City Council in the normal course and should be decided on the merits of the application: (1) the existing zoning is unreasonable; (2) the requested action would give rise to development substantially similar to that on surrounding properties; and (3) the requested use is the least intensive necessary to achieve consistency with the surrounding properties. (b) Development proposals for property wholly or partially located in AICUZ areas and not meeting the criteria set forth in subsection (3) (a) above should be considered by the Planning Commission and City Council in the normal course and should be decided on the merits of the application where all of the following conditions are present: (1) the property is not located, wholly or partially, within an Accident Potential Zone; (2) the development proposal represents the lowest reasonable density or intensity for the property, given its location and surrounding land uses; (3) the property is not located, wholly or partially, within a noise zone greater than 70 dB Ldn (except where the uses proposed are deemed compatible with their location in such noise zone pursuant to Section 221.1 of the City Zoning Ordinance); and (4) all appropriate noise attenuation measures specified by Section 221.1 of the City Zoning Ordinance are provided. (c) All other applications should be deferred by the Planning Commission or City Council, as the case may be, pending completion of the Joint Land Use Study. CITY OF VIRGINIA BEACH AGENDA ITEM II ITEM: MEETING DATE: A Resolution in Support of Efforts to Bring Major League Baseball to the Hampton Roads Area February 10, 2004 Background: An effort is underway to bring a major league baseball team (the Montreal Expos) to the Hampton Roads area. Considerations: Councilmembers Ron Villanueva, Richard Maddox and Jim Reeve requested that this resolution be placed on the Council' agenda. Public Information' Public Information will be handled through the normal process Attachment: Resolution Recommended Action: NIA Submitting Department/Agency: City Manager: City Council H :\GG\orders\baseballarf. doc Requested by Councilmembers Ron Villanueva, Richard Maddox, and Jim Reeve A RESOLUTION IN SUPPORT OF EFFORTS TO BRING MAJOR LEAGUE BASEBALL TO THE HAMPTON ROADS AREA WHEREAS, the citizens of the Hampton Roads area are 7 bonded together by years of mutual support, as well as their 8 appreciation of outdoor recreation and sporting activities, and 9 especially their enthusiasm for the national pastime of 10 baseball. 11 WHEREAS, the Montreal Expos franchise is currently for 12 sale, and the Hampton Roads area is the largest population 13 center in the United States without a professional sports 14 franchise; 15 WHEREAS, the Major League Baseball franchise would 16 bring hundreds of millions of dollars of revenue deriving from 17 payroll, construction and tourism, and incalculable excitement 18 to the entire region; 19 WHEREAS, the Virginia Baseball Stadium Authority 20 allows state taxes generated from the stadium site to be rebated 21 to the Stadium Authority to sell bonds for stadium construction; 22 WHEREAS, our neighbors and colleagues in the City of 23 Norfolk have rallied behind the effort to bring a Major League 24 Baseball franchise to the Hampton Roads area; 25 WHEREAS, Major League Baseball has recognized the 26 efforts of the Mayor and Council of the City of Norfolk, the 27 Hampton Roads Partnership and the Norfolk Baseball Company by 28 sending a site selection committee to the area in consideration 29 of the bid; 30 WHEREAS, the City of Virginia Beach and the City of 31 Norfolk have a history of successful partnerships; and 32 WHEREAS, the establishment of a Major League Baseball 33 franchise will create a new era of partnership and cooperation 34 between these cities. 35 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 36 CITY OF VIRGINIA BEACH, VIRGINIA: 37 That the Council extends to its colleagues in the City 38 of Norfolk, the Hampton Roads Partnership, the Norfolk Baseball 39 Company, and all those involved in this effort its sincere best 40 wishes and whole-hearted support in their goal of acquiring the 41 Montreal Expos and bringing a professional sports franchise to 42 our region. 43 44 Adopted by the Council of the City of Virginia Beach, 45 Virginia, on the day of , 2004. CA-9113 GG/ordres/baseballres. doc R-3 February 5, 2004 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney) s ~ I ITEM: MEETING DATE' CITY OF VIRGINIA BEACH AGENDA ITEM Fire Act Grant and SCBA Replacement February 10, 2004 Background: The Fire Department uses highly specialized self-contained breathing apparatus (SCBA) to meet OSHA requirements for respiratory protection in environments that are immediately dangerous to life and health. The National Fire Protection Association (NFPA) and National Institute for Occupational Safety and Health provide the regulatory standards for performance and maintenance of these units. The Fire Department had applied for and was awarded a Fire Act grant to upgrade all 388 SCBA harnesses, regulators and facepieces to meet the current edition of the NFPA standard and maintain state of the art respiratory equipment for firefighters. This grant did not include replacement of SCBA air cylinders as they have a 15-year life cycle, were not due for replacement for another 7-8 years. The current cylinders are compatible with the equipment upgrades specified in the Fire Act grant. However, less than one month ago, a non-visible structural weakness to a number of cylinders was discovered. This condition creates an immediate threat to the safety of not only the wearer of a cylinder, but also to other firefighters nearby. In the interest of firefighter safety, the department feels it is necessary to immediately replace all 776 SCBA cylinders. Considerations: The grant request approved by the Federal Emergency Management Agency requires a 30% local cash match. The total grant awarded was $664,855, including $465,399 in federal funds and $199,456 in match funding. The total cost to replace all SCBA cylinders as well as fulfill the grant commitment to upgrade all SCBA harnesses and face-pieces is $1,190,772. The department has expended $215,000 of Fire Programs funds to facilitate the immediate replacement of front-line SCBA cylinders (approximately half of the total cylinders owned by the department). The remaining balance of $975,772 is requested to be met in the following manner: $465,399 in federal funds from the 2003 FEMA Fire Act Grant, $153,817 from Fire Programs Fund Balance, and transfer $356,556 of excess salary funds within the Fire Department general operating budget. The excess salary funds are created as uniform position vacancies occur during the year that cannot be immediately be filled due to fixed scheduling of recruit training academies. Any revenue received from the sale of old SCBA harnesses following the upgrade would be used to reimburse the general operating budget for funds allocated to this project. Public Information' Public Information will be handled through the normal Council Agenda process. Alternatives: The unanticipated need to replace the cylinders is an immediate safety issue that must be addressed as expediently as possible. It is also necessary to continue funding the upgrade of the SCBA hamesses to meet the Fire Act grant commitment. Without this action, the safety of the existing cylinders may continue to pose a substantial personal injury threat to fire personnel. Recommendations: Adoption of the proposed ordinance. Attachments: Ordinance Grant Award Letter Recommended Action: Approve Submitting Department/Agency: Fire Department City Manager~~'~ ')~.. ~)~ 00'~ F:'~ata~A. ty\Ordin~qoncode~Firc Act ARF.DOC AN ORDINANCE TO ACCEPT AND APPROPRIATE $465,399 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY, APPROPRIATE $153,817 IN FIRE PROGRAMS FUND BALANCE AND TRANSFER $356,556 WITHIN THE FIRE DEPARTMENT'S FY 2003-04 OPERATING BUDGET FOR REPLACEMENT OF BREATHING APPARATUS WHEREAS, the Federal Emergency Management Agency has 10 approved grant funds for the replacement of breathing apparatus 11 components, and the Fire Department has recently discovered a 12 defect in the current breathing apparatus air cylinders that 13 necessitates replacement. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, Virginia: 16 1. That $465,399 is hereby accepted from the Federal 17 Emergency Management Agency and appropriated to the 18 Fire Department's FY 2003-04 Operating Budget for 19 purchasing breathing apparatus components and 20 cylinders. 21 2. That $153,817 in Fire Programs Fund Balance is hereby 22 appropriated to the Fire Department's FY 2003-04 23 Operating Budget for purchasing breathing apparatus 24 components and cylinders. 25 3. That $356,556 is hereby transferred within the Fire 26 Department's FY 2003-04 Operating Budget to provide 27 the required 30% grant match of $199,456 and the 28 29 30 4. 31 remaining funds needed to complete the replacement of breathing apparatus components and cylinders. That federal revenue in the FY 2003-04 Operating Budget is hereby increased by $465,399. 32 Adopted by the Council of the City of Virginia Beach, 33 Virginia on the day of , 2004. CA-9095 Ordin/Noncode/Fire Act Ord. doc R-3 January 29, 2004 Approved as to Content Management Servi Approved as to Legal Sufficiency City Att~rq~'s 6ffice Panel Re'view Page 2 of 8 Federal Emergency Management Agency Washington, D.C. 20472 Mr. Randy Journigan City of Virginia Beach Municipal Center-Building 21 Virginia Beach, Virginia 23456-9065 Re: Grant No. EMW-2003-FG-16678 Dear Mr. Joumigan: Congratulations. Your grant application submitted to the Emergency Preparedness & Response Directorate (EP&R/FEMA of DHS) for the FY03 Assistance to Firefighters Grant Program in the program area of Fire Operations and Firefighter Safety has been approved. The approved project costs amount to $664,855.00. The Federal share is 70 percent or $465,399.00 of the approved amount and your share of the costs is 30 percent or $199,456.00. As part of your award package, you will find EP&R's grant Agreement Articles. Please make sure you read and understand the Articles as they outline the terms and conditions of your grant award. Maintain a copy of these documents for your official file. You establish acceptance of the Grant and EP&R's grant Agreement Articles when you request and receive any of the Federal grant funds awarded to you. For your convenience, we will have an on-line system that will accept payment requests. The first step to request your grant funds is to ensure that EP&R has your correct direct deposit information on-line. Please log onto https://portal.fema.qov/using your usedd and password and confirm the direct deposit information. Once you have confirmed your direct deposit information, pdnt a copy of it by clicking the Print SF 1199A button on the screen. Sign the form and take it to your bank to complete the bottom portion. Please wdte your grant number on the top of your SF 1199A before mailing it to EP&R. Once your bank has completed and signed the form, mail it by priority mail, with the odginal signatures, to the address below: Emergency Preparedness and Response Directorate (EP&R) Financial & Acquisition Management Division Grants Management Branch Attn: Assistance to Firefighters Grant Program 500 C Street, SW, Room 334 Washington, D.C.-20472 If you currently have Assistance to Firefighters Grant with EP&R and your direct deposit information has not changed, you do not need to resubmit that information. If your direct deposit information has changed, please follow the detailed instructions in the preceding paragraph. The second step will be to request your grant funds. Grant funds should be requested to meet your immediate needs and should therefore be requested as close as possible to the time that you will actually spend the funds. If you have any questions or concerns regarding the process to request your grant funds, please contact your Grants Management Specialist, Arlyce Powell at 202-646-3973. Sincerely, httr~e-l/nnrta! £om~ c~ovlfiro.~rRntli.qr~/fire admin/awards/soec/view award r~acka~e.do?a~zre... 1/12/2004 Panel Review Page 3 of 8 Patricia A. English Senior Procurement Executive https://p~rta~.fema.g~v~~regrant/jsp/~re-admirdawards/spec/view-award-package.d~ ? agre... 1/12/2004 Panel Review Page 4 of 8 Agreement Articles Federal Emergency Management Agency Washington, D.C. 20472 AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM GRANTEE: City of Virginia Beach PROGRAM: Fire Operations and Firefighter Safety AGREEMENT NUMBER: EMW-2003-FG-16678, AMENDMENT NUMBER: TABLE OF CONTENTS Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article X Article XI Article XII Project Description Grantee Concurrence Period of Performance Amount Awarded Requests for Advances or Reimbursements Budget Changes Financial Reporting Performance Reports FEMA Officials Other Terms and Conditions General Provisions Audit Requirements Article I - Project Description The grantee shall perform the work described in the approved grant application's program narrative. That narrative is made a part of these grant agreement articles by reference. The purpose of the AssiStance to Firefighters Grant Program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the grantee's project, as detailed in submitted project narrative and budget information, submitted as part of the grantee's application (and considered part of this agreement by reference), was consistent with the program's purpose and worthy of award. As such, any deviation from the approved program narrative must have prior written approval from FEMA. Please contact your Grants Management Specialist if you are seeking a deviation from the approved program narrative. Article II - Grantee Concurrence https://p~rta~fema~g~v/~regrant/jsp/~re-adn~n/awards/spec/view-award-package~d~?agre~ 1/12/2004 Panel Review Page 5 of 8 By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts and agrees to abide by the terms and conditions of the grant as set forth in this document and the documents identified below. All documents submitted as part of the application are made a part of this agreement by reference. Article III - Period of Performance The period of performance (grant period) shall be from 01-FEB-04 to 31-JAN-05. The grant funds are available to the grantee for obligation only during the period of performance of the grant award. The grantee is not authorized to incur new obligations after the expiration date unless the grantee has requested, and FEMA has approved, a new expiration date. The grantee has 90 days after period of performance to incur costs associated with closeout or to pay for obligations incurred during period of performance. Award expenditures are for the purposes detailed in the approved grant application only. The grantee cannot transfer funds to other agencies or departments without prior written approval from FEMA. Article IV - Amount Awarded The amount of the award is detailed on the Obligating Document(76-10A) for Award attached to these articles. Following are the budgeted estimates for object classes for this grant (including Federal share plus grantee match): Personnel $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $638,155.00 Supplies $0.00 Contractual $26,700.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 Total $664,855.00 Article V - Requests for Advances or Reimbursements Grant payments under the Assistance to Firefighter Grant Program are made on an advance or reimbursable basis for immediate cash needs. When the grantee needs grant funds, the grantee fills out the on-line Request for Advance or Reimbursement, after completing the SF 1199A, Direct Deposit Form, on-line. Payments under this grant program are made via direct deposit, therefore before a payment is made, grantees must confirm their on-line Direct Deposit information, print a copy, sign it and mail (with an original signature) the hardcopy to FEMA by priority mail to at the following address: Department of Homeland Security Emergency Preparedness and Response Directorate (FEMA) Grants Management Branch 500 C Street, SW, Room 350 Washington, DC 20472 Attn: Assistance to Firefighters Grant Program Article VI - Budget Changes Generally, changes in the budget-line items are permitted, as long as the original program narrative is https://p~rta~~fema~g~v~firegrant~jsp/~re-admin/awards/spec/view-award-package~d~ ? agre~~~ 1/12/2004 Panel Review Page 6 of 8 accomplished. The only exception to this provision is for grants where the Federal share is in excess of $100,000.00. In grants where the Federal share exceeds $100,000.00, the budgeted line items can be changed, but if the cumulative changes exceed ten (10) percent of the total budget, FEMA must approve those changes. Please submit a request for an amendment through the on-line system by clicking the Grants Management option and selecting the option for amendment requests. Article VII - Financial Reporting The Request for Advance or Reimbursement mentioned above will also be used for interim financial reporting purposes. At the end of the performance period, or upon completion of the grantee's program narrative, the grantee .must complete, on-line, a final financial report that is required to close out the grant. The Financial Status Report is due within 90 days after the end of the performance period. Article VIII - Performance Reports The grantee must submit a semi-annual and a final performance report to FEMA. The final performance report should provide a short narrative on what the grantee accomplished with the grant funds and any benefits derived there from. The semi-annual report is due six months after the award date. Please log into the firegrants system when your department is eligible to submit a semi-annual performance report. Article IX - FEMA Officials Program Officer: Brian A. Cowan, Chief of the Grants Program Office, is the Program Officer for this grant program. The Program Officer is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. Grants Assistance Officer: Richard Goodman, Chief of the Grants Management Branch, or Sylvia A. Carroll, Grants Management Specialist, is the Assistance Officer for this grant program. The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. Grants Management Specialist: Arlyce Powell 202-646-3973 is the Grants Management Specialist for this grant award and shall be contacted for all financial and administrative grant business mattem. Article X - Other Terms and Conditions A. Pre-award costs directly applicable to the awarded grant are allowable if approved in writing by the FEMA program official prior to the award and after the close of the application period. B. The grantee agrees to maintain their operating expenditures in the funded grant category during the pedod of performance at a level equal to or greater than the average of their operating expenditures in the two fiscal yeare preceding the fiscal year in which assistance is awarded. C. The grantee agrees to provide information to the National Fire Incident Reporting System for the pedod covered by the grant. D. The grantee agrees to complete timely cioseout of the grant. E. The grantee agrees to keep an official grant file, maintaining copies of all actions taken on the grant from application through to closeout for a period of three yearn after the official grant closeout date. Article Xl - General Provisions The following are hereby incorporated into this agreement by reference: 44 CFR, Emergency Management and Assistance https://p~rta~~fema~g~v/~regrant/jsp/~re-admin/awards/spec/view-award-package~d~?agre~~~ 1/12/2004 Panel Review Page 7 of 8 Part 7 Part 13 Pad 17 Pad 18 Nondiscrimination in Federally-Assisted Programs Uniform administrative requirements for grants and cooperative agreements to state and local governments Government-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for Drug-free Workplace (Grants) New Restrictions on Lobbying 31 CFR 205.6 Funding Techniques OMB Circular A-122 Cost Principles for Non-Profit Organizations OMB Circular A- 110 Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other NonProfit Organizations Assistance to Firefighters Grant Application and Assurances contained therein. Article Xll- Audit Requirements All grantees must follow the audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. The main requirement of this OMB Circular is that grantees that expend $300,000.00 or more in Federal funds (from all Federal sources) must have a single audit performed in accordance with the circular. As a condition of receiving funding under this grant program, you must agree to maintain grant files and supporting documentation for three years after the conclusion of the grant. You must also agree to make your grant files, books, and records available for an audit by FEMA, the General Accounting Office (GAO), or their duly authorized representatives to assess the accomplishments of the grant program or to ensure compliance with any requirement of the grant program. Additional Requirements if applicable This grant award was reduced by $166,280. The approved amount for SCBA's is $1,1 76 reduced by 100 and $230 for face pieces reduced by 214 in the initial application. The reduction has already been made in the grant award and in the application as approved by the grantee (Chief Randy Joumigan) via email on December 9, 2003. The total project cost was reduced per the program office comments from $831,675 to $664,885. The federal share was reduced from $582,173 to $465,399. The applicant share was reduced from $249,502 to $199,456. https:#p~rta~~fema~g~v/~regrant~jsp/~re-admin/awards/spec/view-award-package~d~?agre~~~ 1/12/2004 Panel Review ~'age u oI u la. AGREEMENT NO. EMW-2003-FG-16678 6. RECIPIENT NAME AND ADDRESS City of Virginia Beach Municipal Center-Building 21 Va. Beach Virginia, 23456-9065 9. NAME OF RECIPIENT PROJECT OFFICER Randy Joumigan 11. EFFECTIVE DATE OF THIS ACTION 01-FEB-04 FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT 2. AMENDMENT 3. RECIPIENT NO. NO. 54-0722061 0 7. ISSUING FEMA OFFICE AND ADDRESS FEMA/Financial and Grants Management Division 500 C Street, S.W., Room 350 Washington DC, 20472 Specialist:Adyce Powell 202-646-3973 PHONE NO. 757-427-8137 4. TYPE OF ACTION AWARD 8. PAYMENT OFFICE AND ADDRESS FEMA/Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20472 10. NAME OF FEMA PROJECT COORDINATOR Bdan Cowan 5. CONTROL NO. W358175N PHONE NO. (202) 646-2821 12. METHOD OF PAYMENT SF-270 13. ASSISTANCE ARRANGEMENT Cost Sharing 14. PERFORMANCE PERIOD From:01-FEB- To:31-JAN-05 04 15. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA NAME (AACS CODE) ACRONYM XXXX-XXX-XXXXXX-XXXXX- XXXX -XXXX -X AFG 83.554 2004-57-6410RA-63210000- 4101-D Budget Period From:01-OCT- O3 To:30-SEP-04 PRIOR AMOUNT CURRENT CUMMULATIVE TOTAL AWARDED THIS TOTAL AWARD NON- AWARD ACTION FEDERAL + OR (-) COMMITMENT $0.00 $465,399.00 $465,399.00 $199,456.00 TOTALS $0.00 $465,399.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. N/A $465,399.00 $199,456.00 16 a. FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Assistance to Firefighters Grant Program recipients are not required to sign and retum copies of this document. However, recipients should print and keep a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE N/A N/A 18. FEMA SIGNATORY OFFICIAL (Name and Title) DATE Richard Goodman 23-DEC-03 https://p~rt~fema~g~v/~r~gran~jsp/~re-admin~awards/spec/view-award-package~d~ ?agre~ 1/12/2004 A RESOLUTION EXPRESSING SUPPORT FOR HONORING THE NATION'S MILITARY BY HAVING A MILITARY APPRECIATION DAY ON MEMORIAL DAY WEEKEND, 2005 WHEREAS, for more than two centuries, the unflinching 7 bravery and willingness to serve of the men and women comprising 8 the nation's military have safeguarded the freedoms enjoyed by all 9 Americans; and 10 WHEREAS, nowhere are the nation's armed forces admired 11 and appreciated more than in Virginia Beach; and 12 WHEREAS, it is the sense of the City Council that that 13 admiration and appreciation should be fully and formally 14 demonstrated on Memorial Day Weekend; 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: First: 18 That the City Council hereby expresses its wholehearted 19 support for endeavoring to demonstrate its sincere appreciation of, 20 and admiration for, our nation's military at a Military 21 Appreciation Day to ibe held on Memorial Day Weekend, 2005; and 22 Second: 23 That to that end, the City Manager is hereby directed to 24 work with the Navy League, the USO and the Chamber of Commerce to 25 provide all such support as may be necessary or appropriate to 26 bring to fruition such celebration of Military Appreciation Day on 27 Memorial Day Weekend, 2005. 28 29 Adopted by the Council of the City of Virginia Beach, 30 Virginia, on the day of , 2004. 31 32 CA-9125 33 wmm\ ordre s ~mi 1 appdayre s 34 R-1 35 February 10, 2004 J. PLANNING lo Petition for a Variance for CAROL ANN PROPERTIES, INC to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and allow the property to subdivide into two lots at Highland Drive and Highland Court. (DISTRICT 1 - CENTERVILLE) Recommendation: APPROVAL . Applications ofF. DONALD REID at 3592 Indian River Road: (DISTRICT 7- PRINCESS ANNE) Variance to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and to allow a forty-five (45) foot lot subdivision with open space and walking trails in the Transition Area bo Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R20 Residential District c. Conditional Use Permit re Open Space DEFERRED: DEFERRED INDEFI2NITELY: Recommendation: December 2, 2003 for Sixty (60) days September 23, 2003 APPROVAL o Application of PAUL DANIEL BRENNEMAN re Conditional Use Permit for a commercial kennel at 3661 North Landing Road. (DISTRICT 7- PRINCESS ANNE) Recommendation: APPROVAL . Application of LI'L ONES HOME DAY CARE for a Conditional Use Permit re family care home (home day care) at 2038 Lyndora Road. (DISTRICT 1 - CENTERVILLE) Recommendation: APPROVAL o Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Change qfZoning District Classification from AG-2 Agricultural District and R-10 Residential District to Conditional R-7.5 Residential District at 960, 964 and 966 Old Dam Neck Road. (DISTRICT 7- PR1NCESS ANNE) DEFERRED INDEFINITLEY: Recommendation: October 28, 2003 APPROVAL o Applications of A. NEAL KELLUM at 105 Happy Street: (DISTRICT 3 - ROSE HALL) a. Change of Zoning District Classification from A-12 Apartment District to R-7.5 Residential District (DISTRICT 3 - ROSE HALL) b. Conditional Use Permit for a pet crematory o . Recommendation: APPROVAL Applications of GS DEVELOPMENT, L.L.C. 959 Virginia Beach Boulevard: (DISTRICT 6- BEACH) ao MODIFICATION of Proffers to a Conditional Zoning A-12 Apartment District to Conditional B-2 Community Business (Approved by City Council December 1 O, 2002) re storage of vehicles, plants, soil, mulch and decorative stone b. MODIFICATION of Conditions to a Conditional Use Permit (Approved by City Council December 1 O, 2002) (i) Number 1 re storage of vehicles, plants, soil, mulch and decorative stone (ii) Number 5 re standard operating hours Monday through Sunday from 6:00 a.m. to 8:00 p.m. Recommendation: APPROVAL Application of JACK RABBIT SELF-STORAGE for a MODIFICATION_of Condition No. 10 to Conditional Use Permit (approved by City Council September 25, 2001) re shared entrances at 5950 Providence Road. (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL THE .BEACON SUNDAY, JANUARY 25, 2004 SUflDAY,- FEBRUA~RY '1:200:4 'NOTICE OF PUBMC HEARIN6 Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, February 10, 2004, .at 6:00 p.m. The following applications will be heard: DISTRK~T 1 * CENTERVILLE 1. Li'l Ones Home Day Care Application: Conditional Use Permit for a family care home (home day care) at 2038 Lyndora Road. 2. Appeal to Decisions of Administrative Officers in regard to certain ele- ments of the Subdivision Ordinance, Subdivision for Carol Ann Proper- ties, Inc. at the southem terminus of Highland Drive. DISTRICT 6 - BEACH 3. ' GS Development L.L.C. Application: Modification of Proffers for a request approved by City Council on December 10, 2002 at 959 Vir- ginia Beach. 4. GS Development L.L.C. Application: Modific.~ation of a Conditional Use Permit approved by City Council on December 10, 2002 at 959 Vir- ginia Beach Boulevard. DISTRICT 7 - PRINCESS ANNE 5. Paul Daniel Brenneman Application: Conditiqnal Use Permit for a commercial kennel at 3661 North Landing Road DISTRICT 3 - ROSE HALL - 6. A. Neal Kellum Application: Change of Zoning District Classification from A-12 Apartment to R-7.5 Residential at 105 Happy Street. The Comprehensive Plan identifies this site as being within the Strategic Growth Area #5. 7. A. Neal Kellum Application: Conditional Use Permit for a crematory at 105 Happy Street DISTRICT 2 - KEMPSVlLLE 8. Jack Rabbit Self-Storage Application: Mod.'rficati~)n of {~ Conditional Use Permit for a mini-warehouse facility approved by City Council on Sep- tember 25, 2001 at 5950 Providence Road. All interested citizens are invited to attend. Ruth Hodges Smith, MMC City Clerk BEACON: JANUARY 25 and FEBRUARY 1, 2004 11042918 NOTICE OF PUBUC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, February 10, 2004, at 6:00 p.m. The following applications will be heard: DISTRICT 1- CENTERVILLE 1. U'I Ones Home Day Care Application: Conditional U.se Permit for a family care home (home day care) at 2038 Lyndora Road. 2. Appeal to Decisions of Administrative Officers in regard to certain ele- ments of the Subdivision Ordinance, Subdivision for Carol Ann Proper- ties, Inc. at the southern terminus of Highland Drive. DISTRICT 6 - BEACH 3. GS Development L_L.C. Application: MOdification.of Proffers for a request approved by Cit7 Council on December 10, 2002 at 959 Vir- ginia Beach. 4. GS Development L.L.C. Application: Modification of a Conditional Use Permit approved by City Council on December 10, 2002 at 959 Vir- ginia Beach Boulevard. DISTRICT 7 - PRINCESS ANNE 5. Paul Daniel Brenneman Application: Conditional Use Permit for a commercial kennel at 3661 North Landing Road DISTRICT 3 - ROSE HALL 6. A. Ne. al Kellum Application: Chanj~e of Zonin~ DiStrict Classification from A-3~. Apartment to R-7.5 Residential at 105 Happy Street.. The Comprehensive Plan identifies this site as being within the Strategic Growth Area #5.' 7. A. Neal Kellum Appl' .marion: Conditional Use Permit for a crematory at 105 Happy Street DISTRICT 2 - KEMPSVILLE 8. Jack Rabbit Self-Storage Application: Modification of a Conditional Use Permit for a mini-warehouse facility approved by City Council on Sep- · tember 25, 2001 at 5950 Providence Road. All interested citizens are invited to attend. Ruth Hodges Smith, MMC City Clerk BEACON: JANUARY 25 and FEBRUARY 1, '2004 110429'~8 ~ ~-'~ ~arot ,~nne ~-ro. ~erttes M~ No% to Scale Subdivision Variance l# I DATE I REQUEST I ACTION 1. 4-24-01 Modification of Proffers (granted 1-8-91) Granted 5-23-95 Modification of Proffers (granted 1-8-91) Denied 1-8-91 Rezoning (AG-2 Agricultural to conditional B-2 Granted Business) Conditional Use Permit (kennel) Rezoning (R-4 Residential to AG-2 Agricultural) Conditional Use Permit (horse stables) 2. 3-3-86 Granted 7-2-84 Granted 7-2-84 Granted I I III I II I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Carol Ann Properties, Inc.- Subdivision Variance MEETING DATE: February 10, 2004 · Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Carol Ann Properties, Inc. Property is located at the southern terminus of Highland Drive, approximately 400 feet south of Highland Court (GPIN 14841183620000). DISTRICT 1 - CENTERVILLE Considerations: The existing lot is 14.625 total acres, 3.39 acres of which are outside of City- defined wetlands. It is the intent of the applicant to subdivide the lot into two lots, One of which would be a flag lot. An additional lot could be created without a variance if the cul-de-sac were extended by 150 to 200 feet, and the applicant has submitted a plat demonstrating this fact and showing adequate building area for each lot. However, rather than construct more road unnecessarily in this environmentally sensitive area, a variance has been requested. Staff recommended approval. There was no opposition to the request. Noting he was not opposed to the matter, Samuel Hinkle, owner of Sterling Meadows appeared to express concern about the potential impact that noise from his boarding kennels might have on the future buyers of the two proposed lots. The applicant agreed to include notification in the purchase contracts for these two lots regarding the existence of the boarding kennels. Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request, with the following conditions: 1. The property shall be subdivided in substantial compliance with the plat entitled, "Subdivision of Lot 13 Highland Acres, Phase Two" dated Carol Ann Properties Page 2 of 2 August 12, 2003 by Midgette & Associates, P.C. . The width and surface material for the driveway serving Lot 4 shall be subject to approval by the Fire Department. All residential structures shall be within 500 feet of a fire hydrant. Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department~,~ City Manager: ~~F~'''~ ~/"-~ ~'~~ ~rZ~" - F12 - 212 - SVR - 2003 CAROL ANN PROPERTIES, INC. Agenda Item # 18 January 14, 2004 Public Hearing Staff Planner: Ashby Moss The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance LOCATION: Property located at the southern terminus of Highland Drive. GPIN: COUNCIL ELECTION DISTRICT: 14841183620000 I - CENTERVILLE CAROL ANN PROPERTIES Agenda Item.# 1.8 Page 1 . . . SITE SIZE: 14.624 acres EXISTING LAND USE AND ZONING: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: Currently undeveloped / R-15 Residential District North: South/East/ West: · Single-family homes on Highland Drive / R-15 Residential District · Wetlands and natural drainage features ! R-15 Residential District The rear part of the property contains an extensive area of wetlands and "floodplains subject to special restrictions" as defined by the Site Plan Ordinance. The lot is in an AICUZ of 65 to 70dB Ldn and 70 to 75dB Ldn surrounding NAS Oceana and Fentress ALF. The buildable area of the lot is in the less intense of the two noise zones. Existing Lot: The existing lot is 14.625 total acres, 3.39 acres of which are outside of City-defined wetlands. Proposed Lots: It is the intent of the applicant to subdivide the lot into two lots, one of which would be a flag lot. Item Reouired ~ Lot19 Lot Width in feet 100 100 20* Lot Area in square feet 15,000 52,295 584,746 Lot Area in square feet outside water, marsh, or wetlands 15,000 25,341 122,364 CAROL ANN PROPERTiIES Agenda Item.# .1.8 ~pa.ge 2 *Variance required Staff recommends approval of this request. Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: Ao C, Di Eo Strict application of the ordinance would produce undue hardship. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff's evaluation of this request reveals the proposal, through the submitted materials, does provide evidence of a hardship justifying the granting of a variance to the requirements of the Subdivision Ordinance. The applicant has demonstrated a hardship through the presence of wetlands and floodplains in the immediate vicinity. Due to the sensitive nature of this land, additional impervious surfaces should be avoided where possible. An additional lot could be created without a variance if the cul-de-sac were extended by 150 to 200 feet, and the applicant has submitted a plat demonstrating this fact and showing adequate building area for each lot. However, rather than construct more road unnecessarily in this environmentally sensitive area, a variance has been requested. CAROL ANN :PROPERS'lEs Agenda Item#. 18 Page 3 Staff, therefore, recommends approval of this request. Conditions . The property shall be subdivided as shown on the plat entitled, "Subdivision of Lot 13 Highland Acres, Phase Two" dated August 12, 2003 by Midgette & Associates, P.C. , The width and surface material for the driveway serving Lot 4 shall be subject to approval by the Fire Department. All residential structures shall be within 500 feet of a fire hydrant. NO TE: I Further conditions may be required during the administration of applicable City Ordinances. CAROL ANN'PROPERT! ES Agenda Item # 1.8... Page .4 Supplemental Information'~!I Map F-12 IVt~p No-t ~c Sc~[~ Zonin~ History Carol ~~ _Pro ' AG-I R-IS L · .. ... . Subdivision Variance AG'I Icc I DATE [REQUEST I ACTION . . 4-24-01 5-23-95 1-8-91 3-3-86 7-2-84 7-2-84 Modification of Proffers (granted 1-8-91) Modification of Proffers (granted 1-8-91 ) Rezoning (AG-2 Agricultural to conditional B-2 Business) Conditional Use Permit (kennel) Rezoning (R-4 Residential to AG-2 Agricultural) Conditional Use Permit (horse stables) Granted Denied Granted Granted Granted Granted CAROL ANN':PROPERTIES Agenda Item'# _18 · Page 5 Public Agency Comments Public Works There will be no significant increase in traffic generated by the one additional lot. Public Utilities The property must connect to City water and sewer located in Highland Drive. Public Safety I Police- I No comments. Fire and Rescue: A minimum 18-foot wide access road with an all weather surface must be provided. The structure must be within 200 feet of the road surface for Fire Department access. A fire hydrant must be within 500 feet of the residential structure. CAROL ANN'PROPERT!IES Agenda Item:.# 18 page 6 Exhibits '"~ Exhibit A Aerial of Site Location CAROL ANN PROPERTIES Agenda Item #.18 ..Page 7 . .-- . i Exhibit B Proposed Subdivision CAROL ANN.PROPERTIES Agenda Item.~#.. 18 page 8 I i Exhibit D Possible Subdivision if Existing Roadway Extended CAROL ANN PROP'ERTI'Es Agenda Item. # 18 Page ..9 NOII~l'Idd~ ~I3~A NOlSI~(I~Ifl$ Exhibit E Disclosure Statement CAROL ANNPROPERTIES Agenda Item#..18 Page 1.0 Item # 18 Carol Ann Properties, Inc. Appeal of Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance Southern terminus of Highland Drive District 1 Centerville January 14, 2004 REGULAR Robert Miller: The next item is Item #18 Carol Ann Properties, Inc. Eddie Bourdon: Mr. Chairman, members of the Planning Commission. My name is Eddie Bourdon, a Virginia Beach attorney representing Carol Ann Properties, Inc. I noted that this matter was on the consent agenda this morning so I will endeavor to be brief. The property involved is a 14.5 acre piece of property at the end of Highland Drive. The property could be subdivided as a matter of right. This is not a zoning application to do two lots by extending the cul-de-sac but to do so would be more environmentally intrusive into the area that does start to get lower and involves flood plain issues. It could only be done and how that could be done is in your package. We have two houses this way. We have the same density and there is no changes in density, two houses but we have a flag lot configuration which results in far less impervious surface and also results in the ability to have the houses better sited so they' re not right on the front yard setbacks of the two lots. Our feeling and I know that staff concurs that this will result in a more attractive layout. It will not change the density available on the property. You will have 1-1/4 acre lot, another 13 plus acre lot. There is no better way to develop the subject piece of property without in anyway changing the density that would be able to be placed there othenvise. The two conditions that are recommended by your staff are both acceptable to us. I understand that there is someone here to speak in opposition. We'll be happy to respond. Ronald Ripley: Are there any questions? Thank you. Robert Miller: In opposition, Samuel Hinkle. Samuel Hinkle: Hello. My name is Sam Hinkle. I live at the property right there. There's our house. We own the boarding kennel right here at Sterling Meadows Farms. I really don't have an objection to the actual development of the property other than the fact that I guess the same concern that the Navy has as far as noise. We are a boarding kennel. We have over 200 pets and they cannot see the kennel from where they are at because of the wood line. I can assure you they can hear us. That's my only concern that they be somehow noted that when people buy these properties that there is a boarding kennel directly behind the property. They may not see through the woods but once again like my house is right them. At night, I can see the street light from over there. I just wanted to voice that concern because I know this has been a family business. My mother and father started it and my wife and I are continuing it. We are raising a family there. Hopefully one day, my son or daughter would be willing to continue the operation. The only thing that we're concerned about are the neighbors complaining about noise and eventually trying to curb our business for what we do there now. Thank you. Ronald Ripley: Are there any questions? Thank you very much. Mr. Bourdon, do you want to readdress? Eddie Bourdon: Well, I just want to say that as one of the very loyal clients of Sterling Meadows Farms, our two dogs would rather be there than be at home, we think. I do recognize that it's a wonderful business. I know the gentleman's father in law very well. I'll be more than happy to ask my client and I would readily agree to put something in the contract on these two homes that notify people that Sterling Meadows Farm is there. Actually this is slicing the bologna pretty thin but if we extended the cul-de-sac to where one house would be on this side, it would actually be closer to Sterling Meadows than it would be with this configuration by probably about 50-75 feet. We are actually going to have the houses further away but well away from Sterling Meadows Farm by the way we developed the property. Ronald Ripley: Are there any other questions? Thank you. We'll open it up for discussion up here. Does anybody have anything to discuss? Robert Miller: I make a motion that we approve the item. Dorothy Wood: Second it. Ronald Ripley: We have a motion by Bob Miller and seconded by Dot Wood to approve this item. We're ready to vote. AYE 9 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WOOD AYE ABSENT Ronald Ripley: By a vote of 9-0, the motion carries. Ma~ ~, ~ ~ ~ F. Donald Reid Mop Not to Scoie AG-I aG -~ AG-2 AG'I ZONING HISTORY 1. 8-10-87: Conditional Use Permit (Single-family dwelling) - Approved 2. 3-25-83: Conditional Use Permit (Additions to cemetery) - Approved 3. 1'1-28-88: Subdivision Variance - Approved 8-13-9'1: Conditional Use Permit (Church)- Approved '1-13-98: Conditional Use Permit (Private School)- Approved 4. 5-25-99: Rezoning (AG-1 & 2 Agricultural to Conditional R-15 Residential) Approved 6-27-00: Rezoning (AG-1 & 2 Agricultural to Conditional R-15 Residential) Approved 4-24-0'1: Modification of Proffers - Approved ITEM: F. Donald Reid- Subdivision Variance, Change of Zoning District Classification and a Conditional Use Permit MEETING DATE: February 10, 2004 · Background: (a) An Ordinance upon Application of F. Donald Reid for a Conditional Use Permit for an Open Space Promotion on property located at 3592 Indian River Road (GPIN 1483386300). DISTRICT 7 - PRINCESS ANNE (b) An Ordinance upon Application of F. Donald Reid for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential District on property located at 3592 Indian River Road (GPIN 1483386300). The Comprehensive Plan recommends use of this property for appropriate growth opportunities consistent with the economic vitality policies of the City of Virginia Beach. DISTRICT 7 - PRINCESS ANNE (c) Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for F. Donald Reid. Property is located at 3592 Indian River Road (GPIN 1483386300). DISTRICT 7 - PRINCESS ANNE The City Council indefinitely deferred this matter on September 23, 2003 and on December 2, 2003..~ Under the provisions of the Interim Guidelines Governing Applications for Development in Air Installations Compatible Use Zones (AICUZ), as reviewed with the City Council, on February 3, 2004, this request, since it was submitted prior to February 3, 2004, is to be considered by the City Council and decided on the merits of the application. Considerations: The existing site is heavily wooded with mature trees and vegetation. Wetlands areas and Southem Watershed Management Areas exist on the western side of the site. The highest noise zone under the AICUZ designation encumbers the eastern side of the site. A single-family dwelling occupies the site. The site is zoned AG-1 and AG-2 Agricultural. The applicant proposes to rezone the site from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential District and to obtain a Conditional Use Permit for Open Space Promotion. The Open Space Promotion allows for a F. Don Reid Page 2 of 3 reduction in lot sizes provided a minimum of 15 percent open space is provided throughout the development. Within the R-20 Residential Open Space Promotion, the minimum lot size is 12,000 square feet. The proposed development will consist of 45 lots varying in size from 12,000 square feet to 41,129 square feet with an average lot size of 15,875 square feet. Four of the lots do not meet the required lot widths in the Conditional R-20 Residential District with an Open Space Promotion. The lots are shown as flag lots on the submitted plan. The applicant is seeking a Subdivision Variance for those lots. The site is located within the Transition Area. Residential development should be a secondary component of the open space, and the overall development should strive to achieve a minimum of 50 percent open space using the existing natural resources. The applicant proposes 60 percent open space throughout the development, including areas of the existing natural resources and the land area encumbered by the greater than 75dB Ldn AICUZ. Staff utilized the Transition Area Matrix to determine the permitted number of lots within the proposed development. The proposed development is configured to protect and maintain the existing natural areas along the right-of-way and perimeter of the site. A minimum 300- foot buffer of existing treed areas along Indian River Road is maintained as a scenic buffer, as recommended by the Transition Area Design Guidelines. The buffer area will insure that a wooded area is maintained along Indian River Road and will effectively camouflage the residential development from the roadway. Large open space areas of woods and wetlands are maintained on both the western and eastern sides of the site. Eight foot wide mulch trails meander through the buffer areas. The applicant has submitted a conceptual site plan with proffers that effectively addresses the recommendations of the Transition Area Design Guidelines. Staff recommended approval. There was no opposition to the request. · Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0-1 to approve the requests as proffered and with the following conditions: Conditions for Use Permit: . The proposed development shall substantially adhere to the submitted Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. F. Don Reid Page 3 of 3 . Before any land disturbance occurs on the site, the applicant shall submit a detailed tree protection and restoration plan to the Development Services Center of the Planning Department for review and approval. The plan shall clearly delineate vegetation to be preserved and all restoration areas. Tree mitigation for the restoration areas shall be 2:1. , Residential lot tree canopy shall be double the total canopy cover specified in the City of Virginia Beach's "Residential Tree Requirement Table." , For the purpose of screening the development from the existing agricultural operations to the northwest, supplemental plantings of evergreen trees shall be required along the boundaries of lots 31 through 40 in the open space area adjacent to the parcel to the west, if needed. 5. Right and left turn lanes shall be provided into the site. The design and location are subject to the approval of the Public Works Department. 6. The eight foot mulched trails proposed on the eastern portion of the site shall be modified to provide connectivity with the parcel to the east. 7. A note shall be placed on the plat for Lots 31 to 40 as follows: "Lots 31 to 40 may be subject to sounds, odors, and other affects commonly associated with agricultural operations." Conditions for Subdivision Variance: 1. The subdivision shall substantially adhere to the submitted Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department .~""~., l,f,. F. DONALD REID / # 34, 35 & 36 August 13, 2003 APPLICATION NUMBER: General Information: F13-213-SVR-2003 F 13-213-CRZ-2002 F13-213-CUP-2002 REQUEST: 34) 35) Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential District. ADDRESS: 36) 3592 Indian River Road Conditional Use Permit for an Open Space Promotion. Map: F, G - 13 M~ Not t~ F. Donald Reid Gp~n 14~3-3~-~300 Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 1 GPIN: ELECTION DISTRICT: SITE SIZE: STAFF PLANNER: PURPOSE: 14833863000000 7- PRINCESS ANNE 51.4 acres (47.35 developable acres) Faith Christie The applicant is proposing a 45-1ot subdivision with open space of walking trails and wetland areas in the Transition Area. Major Issues: · Degree to which the application complies with the Transition Area Design Guidelines, as adopted by the City Council on January 25, 2003. · Consistency with the recommendations of the Comprehensive Plan for the Transition Area. Land Use, Zoning, and Site Characteristics: Existing Land Use and Zoninq The existing site is heavily wooded with mature trees and vegetation. Wetlands areas and Southern Watershed Management Areas exist on the western side of the site. The highest noise zone under the AICUZ designation encumbers the eastern side of the site. A single-family dwelling occupies the site. The site is zoned AG-1 and AG-2 Agricultural. Planning Commission Agenda August '13, 2003 F. DONALD REID I # 34, 35 & 36 Page 2 Surrounding Land Use and Zoninq North: South: East: West: Single-family dwellings t A church and private school/AG-1 and AG-2 Agricultural Districts · Indian River Road · Across Indian River Road are Single-family dwellings / AG-1 and AG-2 Agricultural Districts · Vacant, undeveloped land / AG-1 and AG-2 Agricultural Districts · Single-family dwelling / AG-1 and AG-2 Agricultural Districts Zoning and Land Use Statistics With Existing Zoning: Three single-family lots or any of the uses permitted in the Agricultural District such as agricultural and horticultural uses, borrow pits, churches, golf courses, horse stables, kennels, public utility installations, public buildings and grounds, recreational and amusement facilities of an outdoor nature, and schools. With Proposed Zoning: Forty-five (45) single-family residential dwellings and dedicated open spaces. Zoning History There is no zoning history to report for this site. The site has been zoned agricultural since the creation of the City of Virginia Beach. Air Installation Compatible Use Zone (AICUZ) The majority of the site is in an AICUZ of 70 to 75dB Ldn. A portion of the site is in a greater than 75 dB Ldn surrounding Fentress Airfield and NAS Oceana. The United States Navy comments that "residential land use is not compatible" within the greater than 75 dB Ldn AICUZ zone. The United States Navy "would view residential development of this site as an encroachment upon operations at Naval Air Station Oceana". Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 3 Environmental Concerns The site is comprised of heavily wooded areas, City-defined wetlands, Southern Watershed Management Areas and isolated pockets of wetlands under the jurisdiction of the Corps of Engineers (but are not City-defined). The Department of Agriculture examined the site for soil types and wetland areas in conjunction with their review of the proposal. They concurred with the Planning Department's analysis that for the purpose of calculating density (Section 200 of the City Zoning Ordinance), 47.35 acres of the site qualify. Public Facilities and Services Water and Sewer There is no City water or sewer available to the site. Water analysis, construction plans and bonds are required for the water system. Sewer analysis, pump station calculations, construction plans and bonds are required for the sewer system. Transportation Master Transportation Plan (MTP) I Capital Improvement Program (CIP): Indian River Road in front of this site is currently an undivided two lane rural highway. It is depicted on the Master Transportation Plan as a 120-foot divided right- of-way with a multi-use trail and controlled access. Right-of-way reservation or dedication for Indian River Road will be addressed during detailed construction and subdivision plan review. Left and right turn lane improvements will be required with the development of the site. Traffic Calculations' Street Name Present Present Generated Traffic ,. Volume Capacity ExiSting Land Use z_ 50 Indian River Road 5,000 ADT 1 7,400 ADT ~ Proposed Land Use 3_ 513 Average Daily Trips 2 Based upon the current AG-1 & 2 Zoning classification 3 Based upon the proposed Rezoning to R-20 (OP) and the subdivision of the site into 45 residential lots Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 4 Schools ._ School Current Capacity Generation ~ Change 2 Enrollment North Landing 611 690 15 14 Elementary Landstown Middle 1,617 2,143 8 7 ,. Landstown High 1,910 1,931 10 10 "generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Safety Police: 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. Fire and Rescue: Fire hydrants must be located within 500 feet of residential structures. Structures must be located within 200 feet of the road surface for fire department access. Comprehensive Plan The Comprehensive Land Use Map identifies the site as being within the Transition Area. The Comprehensive Plan states "this area of the City serves as a land use buffer between the clearly urbanizing area of the north and the clearly rural area of the south". The Comprehensive Plan notes that residential growth within the Transition Area should be considered a special type of growth with its own development standards suitable to the atmosphere and character of the area. Two of the primary criteria specified by the Plan for development in the Transition Area are Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 5 1. Demonstration to the City Council that the project establishes the residential component as secondary to the open space component; 2. Demonstration to the City Council that the character of the project is in keeping with the character of the Transition area. The proposal must also demonstrate adherence to the recently adopted Transition Area Design Guidelines. This development's degree of adherence to the Guidelines is discussed below in the Proffers section. Summary of Proposal Proposal · The applicant proposes to rezone the site from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential District and to obtain a Conditional Use Permit for Open Space Promotion. The Open Space Promotion allows for a reduction in lot sizes provided a minimum of 15percent open space is provided throughout the development. Within the R-20 Residential Open Space Promotion, the minimum lot size is 12,000 square feet. The proposed development will consist 45 lots varying in size from 12,000 square feet to 41,129 square feet with an average lot size of 15,875 square feet. The site is located within the Transition Area. Residential development should be a secondary component of the open space and strive to achieve a minimum of 50 percent open space using the existing natural resources. The applicant proposes 60 percent open space throughout the development, including areas of the existing natural resources and the land area encumbered by the greater than 75dB Ldn AICUZ. Staff utilized the Transition Area Matrix to determine the permitted number of lots within the proposed development. A copy of the matrix can be found at the conclusion of this report. Site Desi.qn · The proposed development is configured to protect and maintain the existing natural areas along the right-of-way and perimeter of the site. A minimum 300-foot buffer of existing treed areas along Indian River Road is maintained as'a scenic buffer, as recommended by the Transition Area Design Guidelines. The buffer area will insure that a wooded area is maintained along Indian River Road and effectively camouflage the residential development from view. Large open space areas of woods and wetlands are maintained on both the western and eastern sides of the site. Eight foot wide mulch trails meander through the buffer areas. Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 6 A single entrance from Indian River Road curves through approximately 600 feet of buffer area into the development. Pedestrian crosswalks and a sidewalk are also proposed along the main roadway. ConceptuaJ Site Layout Plan Of North Landing Estates Virstnla Beach, VA ~ ~,~m~ ~ , 77 .'i ...... r7 ....................... m ,~,~ ~ .... a~ . :: 1~ '.',, ...,... . · ~ . .. ~, 1.,,,..: ;,..'i ":., ii. F,~,i , ....... ,, ~ =~'~.' ...... , ........ ..... .... · ~.: . DATE: 05/0~/03 The proposed lots are arranged in groupings along the main entrance road and through four cul-de-sacs. All of the proposed lots are sited so the rear and some of the side yards are adjacent to open space areas. All of the lots have been located outside of the "City-defined" wetlands and Southern Watershed Management Area buffers. Stormwater management ponds are integrated into the site. One of the ponds, located adjacent to the primary roadway, provides a visual amenity for the development. Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 7 Vehicular and Pedestrian Access Vehicular access is limited to a single entrance from Indian River Road. The entrance road curves through approximately 600 feet of wooded open space. The design of the entrance provides a scenic view into the development. · Eight foot wide mulched trails are proposed through the open space along the eastern side of the site and along the front of the site. · A sidewalk and pedestrian crosswalks are proposed along the main entrance road. Stub streets are proposed for connectivity to adjacent parcels. Architectural Desig,n · The applicant did not proffer architectural elevations for the proposed dwellings within the development. Proffer 6 limits exterior finishes to brick, stone, hardi-plank siding or dryvit. No vinyl siding will be permitted. Living area within the dwellings will be a minimum of 2,400 square feet for ranch style structures and 2,600 square feet for two-story structures. All homes are required to have a two-car garage and exposed aggregate or stamped concrete driveways. Considering the minimum square footage of the dwellings, the required exterior building materials, and the sales prices of homes situated to the north on Indian River Road, staff concludes that the homes will have a value of $400,000 or more, consistent with the recommendations of the Comprehensive Plan for the Transition Area. While not proffered, the applicant has submitted elevation drawings of homes that a builder has proposed for this development as well as a letter from that builder noting that the lots within the development will sell between $110,000 to $135,000 and the sales prices will start in the Iow $400,000 range. Landscape and Open Space · Wetlands areas are located on the eastern portion of the site. The western portion is heavily wooded and impacted by the highest AICUZ. The applicant has designed the site to take advantage of the natural resources and AICUZ impacted areas that currently exist. Both of these areas will be left as natural open spaces, with recreational trails meandering throughout. A varying natural buffer of a minimum of 300 feet wide will be maintained along Indian River Road, in keeping with the recommendations of the Transition Area Design Guidelines. Proffer 7 will insure that existing natural areas depicted on the proffered site plan are protected. If clearing does occur within those areas, the applicant will be responsible for restoring the site subject to the approval of the Planning Director. Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 8 While the submitted site plan does not depict on-site landscaping, the applicant will have to provide tree canopy cover as specified in the City of Virginia Beach's "Residential Tree Requirement Table" on each residential lot. Subdivision Variance Four of the lots do not meet the required lot widths in the Conditional R-20 Residential District with an Open Space Promotion. The lots are shown as flag lots on the submitted plan. Item Required Lot 16 Lot 17 Lot 31 Lot 40 Lot Width in feet 100 42* 36* 40* 40* Lot Area in square feet 12,000 19,247 18,318 22,715 41,129 *Variance required Proffers PROFFER # 1 Staff Evaluation: PROFFER # 2 When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than forty-five (45) building lots substantially in conformance with the Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). The proffer is acceptable. It insures that the proposed development will be in accordance with the submitted conceptual site layout plan. When the Property is developed, the pedestrian trail system and open space improvements shall be constructed substantially as depicted on the Concept Plan. Approximately 33.3 acres of landscaped parklands with pond features and an extensive trail system as depicted on the Concept Plan shall be dedicated to and maintained by the Property Owners Association. A public use easement Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 9 shall be dedicated on those portions of the trail system located within the 300' Transition Area Buffer adjacent to Indian River Road. Staff Evaluation: The proffer is acceptable. It insures that the goal of 50 percent or more open space within a residential development in the Transition Area is achieved. The applicant has designed the development to provide a minimum of a 300-foot buffer along Indian River Road. This natural buffer should effectively screen the homes and provide a natural scenic view along the right-of-way. The proposed trail system is to be dedicated for public use thus accomplishing the goal of providing an amenity that is visually and operationally available to those who do not live within the development. Additionally the trail system can easily be integrated into the proposed trail system for Indian River Road. The landscaped parklands and pond features provide additional open space and visual amenities within the development. PROFFER # 3 The community entrances and the proposed street section of the roads within the community shall be constructed and installed substantially in conformance with the detailed plans on the Concept Plan. No on-street parking shall be permitted on one side of every road within the community. Staff Evaluation: The proffer is acceptable concerning the proposed entrance and street sections as they meet the minimum requirements established by the Public Works Department. Regarding the no on-street parking on one side of the road, the proffer is negligible in terms of effect. The applicant would have to request that the Traffic Engineering Division of Public Works post the roadway in order for the Po/ice Department to enforce the no parking requirement. PROFFER # 4 When the property is developed a left turn lane shall be constructed at the entrance to the community from Indian River Road. A public right of way shall be dedicated to the adjoining property to the east and the adjoining property to Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 10 Staff Evaluation: PROFFER # 5 Staff Evaluation: PROFFER # 6 Staff Evaluation: the north as depicted on the Concept Plan. The proffer is acceptable. The Traffic Engineering Division of Public Works determined that left and right turn lanes will be required during the detailed subdivision and construction plan review process. Staff requested connectivity with the adjoining parcels be depicted on the conceptual site plans. Proffering the turn lane and right-of- way connections within the development will reduce any confusion between the applicant and the staff during the detailed site plan review process. When the property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions, and Restrictions ("Deed Restrictions") administered by the Property Owners Association which shall be responsible for maintaining all open space areas, including the community owned parklands, pedestrian trail, and the entrance features. The proffer is acceptable. It meets the requirement in the of the City Zoning Ordinance open space promotion section concerning improved open space areas to be maintained by the Homeowner's Association. All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doom, which is no less than eighty percent (80%) brick, stone, stucco or similar quality materials. Any one-story dwelling shall contain no less than 2400 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage and a driveway (including apron) with a minimum of four hundred ninety (490) square feet of hardened surface area. The proffer is acceptable. The size of the proposed homes and the proposed quality building materials will contribute to the high quality appearance of the subdivision. The Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 11 required two (2)-car garages and driveway for each dwelling will help alleviate on-street parking within the proposed development. PROFFER # 7 When the Property is developed, every reasonable effort will be made to preserve the existing mature trees on the site and a tree preservation and restoration plan shall be submitted to the Grantee for review along with the Preliminary Subdivision Plan. Staff Evaluation: The proffer is acceptable. It insures that the areas depicted for open space will be protected and preserved, if there are areas that must be disturbed during the construction process the proffer insures that those areas will be restored. Staff will not permit any land clearing activities to occur until the preservation and restoration plan has been reviewed and approved. PROFFER # 8 The Grantor recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on November 4, 1997. The Comprehensive Plan states that development taking place in this area should support the primary purpose of advancing open space and recreational uses. In addition to committing sixty-four percent (64%) of the Property to open space preservation, via the dedication of approximately thirty-three and three-tenths (33.3 +/-) acres of Property to the Property Owners Association as permanent open space the Grantor agrees to contribute the sum of Seven Hundred Fifty Dollars ($750.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space promotion pursuant to Grantee's Outdoors Plan. If funds proffered by the Grantor in this paragraph are not used by the Grantee anytime within the next twenty years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. Grantor agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. Staff Evaluation: The proffer is acceptable. It provides funds for purchase of open space (or for any other public purpose after 20 years) Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 12 PROFFER # 9 Staff Evaluation: City Attorney's Office: within the City. The proffered $750.00 per lot equates to $33,750.00 Further conditions may be required by the Grantee during detailed Site Plan and / or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R- 20 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by the City Council, which are by this reference incorporated herein. The proffer is acceptable. The City Attorney's Office has reviewed the proffer agreement dated June 26, 2003, and found it to be legally sufficient and in acceptable legal form. Evaluation of Request The request to rezone the site from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential District, and obtain a Conditional Use Permit for Open Space Promotion is acceptable as proffered and subject to the conditions listed below. The applicant has submitted a conceptual site plan and proffer agreement that effectively addresses the recommendations of the Transition Area Design Guidelines. A copy of the Transition Area Matrix can be found at the end of this report. Conditional Chanqe of Zonin.q and Conditional Use Permit The Transition Area Design Guidelines suggest that developments should strive for a minimum of 50 percent open space by designing with nature, making a special effort to preserve and showcase significant environmental resources. The applicant is proposing 60 percent open space in the form of wetlands areas, heavily wooded areas encumbered by the highest noise zone designation surrounding Fentress Airfield and NAS Oceana, and a varying width buffer of a minimum 300-foot along Indian River ! Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 13 Road, which preserves the existing scenic view. Mulched walking trails meander through the buffer along Indian River Road and the eastern side of the site. The Guidelines suggest that the development should contain lots of varying sizes. The proposed Conditional R-20 Residential District with an Open Space Promotion allows the lots to be reduced in size to 12,000 square feet in order to preserve open space. The applicant proposes lots varying in size from 12,000 square feet to 41,129 square feet with an average lot size of 15,875 square feet. The lots are clustered in cul-de-sacs and in small groups along the main roadway with all rear yards and some side yard facing open space areas. The Guidelines suggest that the development should be fiscally neutral. The applicant provided documentation that the minimum starting price for a home within the proposed development will be in the Iow $400,000 dollar range. The proposed dwellings will be constructed of high quality building materials, minimum square footage requirements, and double car driveways and garages. Additionally, the applicant is proffering cash proffers of $750.00 per lot, which equates to $33,750.00, for purchase of open space (or for any other public purpose after 20 years) within the City of Virginia Beach. Subdivision Variance Four of the lots in the development do not meet minimum lot width and thus a variance to the requirements of the Subdivision Variance is required. Staff evaluation of a Subdivision Variance is based on several factors, including the degree of compliance with City ordinances and regulations, consistency with the Comprehensive Plan, and adherence to good accepted land use and development practices and theory. Personal hardship does not enter into the Staff's evaluation. Above all, Staff's evaluation is based on Section 9.3 of the Subdivision Ordinance, which addresses variances to the ordinance. Section 9.3 of the Subdivision Ordinance states: Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be Planning Commission Agenda August 13, 2003 F. DONALD REID i # 34, 35 & 36 Page 14 Do E. adopted as an amendment to the ordinance. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff recommends approval of the requests for a conditional change of zoning from AG- I and AG-2 Agricultural Districts to Conditional R-20 Residential District as proffered, a Conditional Use Permit for an Open Space Promotion subject to the conditions listed below, and a Subdivision Variance subject to the conditions below. Conditions for Use Permit I , . . . The proposed development shall substantially adhere to the submitted Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Before any land disturbance occurs on the site, the applicant shall submit a detailed tree protection and restoration plan to the Development Services Center of the Planning Department for review and approval. The plan shall clearly delineate vegetation to be preserved and all restoration areas. Tree mitigation for the restoration areas shall be 2:1. Residential lot tree canopy shall be double the total canopy cover specified in the City of Virginia Beach's "Residential Tree Requirement Table." For the purpose of screening the development from the. existing agricultural operations to the northwest, supplemental plantings of evergreen trees shall be required along the boundaries of lots 31 through 40 in the open space area Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 15 adjacent to the parcel to the west, if needed. 5. Right and left turn lanes shall be provided into the site. The design and location are subject to the approval of the Public Works Department. 6. The eight foot mulched trails proposed on the eastern portion of the site shall be modified to provide connectivity with the parcel to the east. Conditions for Subdivision Variance . The subdivision shall substantially adhere to the submitted Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. NO TE : Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with these rezoning and conditional use permit applications may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within f2 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 16 Transition Area Matrix NORTH LANDING ESTATES- DATED 5/6/03 Allowable maximum residential density for any rezoning in the Transition Area under the policies of the Comprehensive Plan is 1 unit per acre. The maximum density can be achieved through adherence to the Evaluative Criteria provided below and further explained in the Design Guidelines for the Transition Area. Each section of the Evaluative Criteria below ties to the Design Guidelines through the graphic icon at the top of the section. For further guidance on the respective section of the Matrix, turn to the page of the Guidelines that has the corresponding graphic icon. Staff will 'score' the proposed development for its consistency with the Evaluative Criteria below. The scores are then totaled and the total is 'plugged' into the formula below to determine the recommended maximum density for the development. Evaluative Criteria Total Comments Natural Resources Degrees to which the project preserves and integrates into the 2.0 overall project the natural resource amenities on the site. ,, Amenity Nature and degree of the 3.5 amenit}/ Design Degree to which the project 4.5 incorporates good design into the project Line A -- Line B -- Line C - Line D - Line E -- (A) TOTAL: (B) TOTAL i 11 possible points (C) Line (a) * 0.5 = (D) Line (C) + 0.5 du/acre = (E) Line D * total developable acres (47.35) 0.91I 0.46I 0.96 dulacre I 45 units total number of points from the worksheets on the following pages. total divided by the total number of possible points, which is 11 total from Line B multiplied by 0.5, which is the amount between the baseline density of 0.5 dwelling units per acre and the possible I dwelling unit per acre (alu/ac). total from Line C added to 0.5 du/ac (the baseline density) to obtain the maximum density for the site. total from Line D multiplied by the number of developable acres on the site, thus providing the maximum number of units for the site. ii Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 17 (1) Natural Resources Existing forests, wetlands, meadows, cultivated fields, and related features Tot al a) Are natural resources protected? Comments: · Yes, the proposed lots have been located YES (0 to 1 1 outside of the City defined wetlands and the point) Southern Watershed Management buffer. NO (0 points) b) Are natural resources integrated into project? I Comments: YES (0 to 1 · Yes, wooded areas with recreational trails, a 1 minimum of 300 feet in width are retained point) along the right-of-way. A pubfic use easement shall be dedicated over the trail system as part of the proffered Rezoning ' I agreement. ! · The wetlands area to the east and the high noise area to the west, with recreational ! trails, are left as open space. I NO (0 points) TOTAL (NATURAL RESOURCES) 2 Insert in appropriate box on page 1 Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 18 (2) Amenity A feature that increases the attractiveness or value of the site consistent with the goals and objectives of the Comprehensive Plan for the Transition Area. Total a) Is the amenity, if present, visually or operationally available to those who do not own property in the development? ' YES (0 to I 1 Comments: point) · Yes, in the form of a minimum 300-foot buffer along the right-of-way that has recreation trails within it. The wide buffer is visually and operationally available to those who do not own property in the subdivision through the dedication of a pubfic use easement. · Large wooded portion of the site are also provided as amenities. NO (0 points) b) Does the amenity consist of recreational components? Comments: YES (0 to 1 .75 · Yes in the form of trails and open space point) areas. However the trail system proposed on the eastern side of the site needs to provide connectivity with the adjacent parcel. I ~ NO (0 points) Planning Commission Agenda August 13, 2003 F. DONALD REID i # 34, 35 & 36 Page 19 , ., c) Are improvements made that provide visual or physical access to the natural resources on the site OR are improvements made to create a new amenity to the property? YES (0 to 1 1 point) Comments: · Yes, the trails provide access to the open space areas, and the proposed storm water management facilities. · Storm water management facilities are integrated into the site as amenities. NO (0 points) d) Is there connectivity linking any open space and/or amenities between this development and adjacent existing or future developments? YES (0 to I .75 ~ Comments: point) · The proposed trails are not linked with the surrounding parcels. · The trails proposed along the right-of-way can be easily integrated into the trail system proposed for Indian River Road. · Future right-of-way connections to adjacent parcels are depicted. NO (0 points) TOTAL (AMENITY) 3.5 Insert in appropriate box on page 1 Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 20 ,. (3) Desiqn ~re~tion or execution in an artistic or highly skilled manner consistent with the goals and objectives of the Comprehensive Plan for the Transition Area. Total ,. a) Are natural or manmade water features incorporated into the development in a way that they serve as amenities? YES (0 to 1 Comments: point) .75 · Yes, City defined wetlands areas and Southern Watershed Management buffer areas are preserved and depicted as open space. · Storm water management ponds are integrated into the project and serve as NO (0 points) visual amenities. b) Is there an attempt to integrate units with amenities within the development? Comments: YES (0 to 1 .75 · Yes, there is an attempt to integrate the units point) with the amenities within the development through the trail system. NO (0 points) Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 21 c) Does the development retain or create views or scenic vistas that can be seen from the road? YES (0 to I 1 point) Comments: · Yes, a minimum of a 300- foot buffer of existing wood/ands will be retained along the right-of-way maintaining the existing natural view. · The entrance curves into the site so that no structures are visible from the right-of-way thereby maintaining the natural view from the ' right-of-way. NO (0 points) I I d) Is a mixture of lot sizes and the clustering or massing of homes used to achieve a primarily open space development? YES (0 to 1 1 Comments: point) · Yes, there is a mixture of lot sizes. The proposed lots are clustered and sited so that all rear yards and some side yards abut open space areas. · The development exceeds the 50% open space goal. NO (0 points) Planning Commission Agenda August 13, 2003 F. DONALD REID i # 34, 35 & 36 Page 22 e) Does the development use roadway and "hard infrastructure" that is appropriate for its design? Is it consistent with the vision and recommendations of this area as expressed in YES (0 to I 1 the Comprehensive Plan? point) Comments: · The proposed roadway section is appropriate for its design. NO (0 points) i TOTAL (DESIGN) 4.5 Insert in appropriate box on page 1 Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 23 :il Planning Commission Agenda {~:~ August 13, 2003~' ' ..... ~,~ F. DONALD REID / # 34, 35 & 36 ~ Page 24 Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 25 Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 26 DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH. VIRGINIA 23460-2168 .. · .11~ RF_PL¥ REFER TO:. :~:, .ir..-, ,.., ' .~.~.;,~.~,'. '.' ...... 5'726 ........ Set 32/0260 July 1, 2003 Ms. Faith Christie Planning Department City of Virginia Beach Building 2, Room i00 2405 Courthouse Drive· Virginia Beach, VA 23456 Dear Ms. Chrisnie: Item 1 on the Planning Co~mission Agenda for July 9, 2003, is a rezoning reques~ and proposed residential development by F. Donald Reid. The site .is located in the 70-75 decibel (dB) day-nigh~ average (Ldn) noise zone and partially in the greater than 75 db Ldn. The Navy's Air Installations Compatible Use Zones Program states tha~ residential land use is not compatible in this zone. The Navy acknowledges the landowners' desire to develop their property, but I urge you to deny 'their request. We would view residential development at this site as encroachment upon operations at Naval Air Station Oceana. if you have any questions, please· contact my Community Planning Liaison Officer, Mr. Ray Firenze at (757} 433-3158. Copy to: COMNAVREG MID.LANT Mayor Meyera Oberndorf Sincerely and very respectfully, Virginia Beach City Council Virginia Beach Planning Co~mission Mr. Robert Scott, Virginia Beach Planning Director Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 27 SPECIAL POWER OF ATTORNEY Applica£ion N=: ........ Property DeSCnl~c~n (13-d~jit Tax Map Number, Street Aaclress or Common Description, Borough):. 3.~,83-38-6300 3592 ?~,~_~ River Roacl; N~rth sicle of Inclian River ~, - ' -- Illll d I I I I ' I II II I ' '"'" ' J Nature ~ U~ Pe~ ~ugn= ...... ~ _~ ~~ E} me applicant for the alcove referenced application ~ ~s owner of ms property described above l/we ~ta hereby man. c=nsf~'~t~, and appoint .~,. ~ ~u=4o~,._ ,1.-~., ~:sq. ,... o~. Sykes, ~~, ahezn ,s, .~.evy, _ ,, , rr~ true and i i i iii I m ~1 ., __ I i i_ _1 I _ lawful a~mey-qn-fact, ana gram unto rrly al:tc~ay-~-~ f~ll power aaa authori~ fa make application for ~lle use permit application descn'be~ above, and ta perfccrn ali acts and make alt repmsema~ns as sucfl parson si'loll deem necessary or appropriate in regard to satd application, w~t any limttation whatsoever, inducting but net limit, ed to ~e fallowing authority: ~ offer a3ndit~n$ to whict~ the proposed ~e gl' the property woulct be subject; aaa fo rn~rfy ar amend any documents in whole or ~n pad: relating to tl3e apphca~on, The dgnas, powers, and au~ori~' of said ~mey-in-fac~ herein granted snail c~mmenm and be in full force aaa effe¢~ on the :LS~..t~ ~ay of shall remain in full force and effec~ thereafter unal actual neeco, by ¢effi~ea mail, return receipt requ~ is mca'n/ed by me Planning Deparm~em cf ~ City ~ Cllesa~lea~ t~t the terrr~ of ~is power Ilave be~n revoked ar mc~e(:l. , / stating o~' Subscribed and swam to before me mis " If ina 6w-ne~ Or-~ip-pli~r~s---~-'corpora~n, pam'mrship, or similar er~y, ~locumenmtion EEl Ap¢ t' ' ' day of., .x~/~¢'x'-)/g='~' 20 ¢,-~ , must be attached wtmcll establishes that me pe~sn.n signing o.n be.half ~'l:he entib, has tP, e authority m act on behatf of anti to t3inc~ that entity. Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 28 Z Z I i i iiiiii i I i i Applicant's Name: ?. Do~-Ld Re.J.d List All Current Property Owners: Harry A. Potter PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) N/A if the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, or other · umncorporated organization. If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) N/A If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION., list all members or partners in the organization below: (Attach list if necessery) ~. Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: ! certify that the information contained herein is true and accurate. Signature Print Name I il , Ill Ill Ill I Il .... ~ Conditional Use Permit Application Page 8 of 12 Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 29 Z 'Z Applicant's Name: List All Current Property Owners: i ii iiii r I i 'I i "' i ...... F. Donald Reid Har~%/ A. Potter PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) ~/A If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) .... ~_/_a_ .................................. [] Check here if the property owner is NOT a corporation, partnership, firm, or other o unincorporated organization. ff the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) __~_/_~ .............. if the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if neces.sary) N/A ~[] Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true and accurate. Signature Print Name ........ fill, I ~ , ,1 llll Il Ill 1, T ' 11 Conditional R.ezoning Application Page 10 of 14 Planning Commission Agenda August 13, 2003 F. DONALD REID I # 34, 35 & 36 Page 30 Applicant's Name: F. Dona.}d Reid List All Current Property Owners: Haryy ^. Potter PROPERTY OWNER DISCLOSURE if the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) .... If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) N/A k'-I Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) , If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) I[3 Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: ! certify that the information contained herein is true and accurate. Signature Print Name Subdivision Variance Application Page 9 of 13 Modified: 10.1.6.2002 Z Planning Commission Agenda August 13, 2003 F. DONALD REID / # 34, 35 & 36 Page 31 Item #34, 35 & 36 F. Donald Reid Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance Change of Zoning District Classification Conditional Use Permit 3592 Indian River Road District 7 Princess Anne August 13, 2003 REGULAR Robert Miller: The next items are Items #34, 35 & 36, F. Donald Reid. Mr. Chairman, I need to abstain from these. Eddie Bourdon: For the record, Eddie Bourdon representing the applicant. I know from the informal session, and the lateness of the hour you prefer that I would be brief so I will do my best to do just so. The piece of property that I think most of you know, Mr. Reid, who is here, as is Steve Val, one of the principals from Lifestyle Homes, and they will be ones who will be building these very beautiful homes that are proposed on this project. The property has been in the Potter family for over a half century. Actually, I thought Mr. Potter was going to be here from Florida, but we haven't seen him. The properties on Indian River Road, just at the north side of the Transition Area, adjacent to the green line and you can see a little bit of what's up there and the fact that development is occurring on the other side of the bridge north of this site. The proposal as your staff has, and we have worked with them for frankly ten months in working through this process and waiting for the TATAC Committee. I guess Jon Glass is watching. This application was filed before the TATAC Committee was organized. This is not a rushed application after TATAC. I don't think we have any of those, but anyway the application involves dedicated 60 percent of the site to open space with extensive trail system. The property itself is 47.3 acres of developable lands and only 45 lots are being proposed. We maintain a beautiful buffer that exists today, very heavily treed along Indian River Road. This property in my comment to Don when it was first brought in, lays out perfectly for what the Comprehensive Plan is looking for and as TATAC went through and made their recommendations, it totally fell into place. We provided a trail system both along Indian River Road of 300 feet or more of area that's maintained existing vegetation, a well- treated open space. We put a trail through here, as well as trails up in this area of open space on the property. This can easily be put within the trail system that is anticipated and envisioned from Stumpy Lake to Back Bay Wildlife Refuge. The trails will be a creation by the developers of the property. We have a very nice entrance road. Create an entrance road on both sides, sidewalks on both sides. You don't see the housing from the road at all. There will be a beautiful entryway. The proffers are actually what we seen in the previous Transition Area application. We provided access to the property here for the future and also access to the property here for the future development. This is the AICUZ line and the high noise zone over here. Under the current AICUZ map and that's based on flight operations out of Fentress, which is slated to hopefully go away or significantly reduced. We put the housing over here on the land that's not in a high noise zone. I think staffhas done, and I can't find fault with anything staffhad to say. I think they hit the nail on the head with this application in terms of their review of it. We worked sensitively with them. We have open space provided along most of the border of the property where we adjoin an agricultural use. There is some low land over here but that is what it is and has been, and we have no problem with the condition that we will supplement existing trees with additional trees and along here we will plant a complete road trees. There are trees there, and we will maintain them and plant additional trees. That's one of the conditions that we have no problem with at all. The only condition as Stephen White had mentioned this morning that's problematic for us is the condition that involves mandating that we put in a left and right hand turn lane. Left turn is not a problem which we have no problem with a left hand turn lane. We will construct. We can provide the additional right-of-way for that and frankly that is going to be the more utilized because that is where the traffic is coming from and most of the traffic is going. There is no traffic coming northbound that would turning into here and there would be some but the majority of the trips would be leaving and going north and coming back and leaving there would be the normal destination points would not be going to the south but there will be some. And, were not adverse to putting in a right turn lane. We just have ability to effectuate that. We don't own the property here. The idea of moving the entrance over here is one that we could do but for the fact that there are some isolated non tidal wetlands in this area and that would require getting permits from the DEQ to do that. And, I wouldn't say we won't do that, we are concerned about being in a position where that's no do able, and we are stuck with having to come back for this process. So, we are perfectly happy with putting in a left mm lane and we're willing and I think someone is here who will be speaking regarding the property to our south or to our west. If we can obtain from them the needed right-of-way along Indian River Road we'll put the mm lane in. It's just we don't have the authority or the ability to get that, and we have put this entrance road at the location that is the highest ground and also significant distance from the curb here. But, again, that is not saying that if we moved it up here or a mm lane in that would be a problem. It wouldn't but we do have a concern about the permitting process for the non-tidal wetlands that would involve some disturbance. Ronald Ripley: Did you do wetlands delineation? Have you quantified what's there? Eddie Bourdon: There's been delineation there. Unfortunately, Mike Perry is not here so I'm not really in a position, and I don't know much about it, but there are some non-tidal wetlands, specifically in this area but they are eye sight but there really isn't, and we did look at is there a way to come through here without impacting those and the answer is no. So, that's the problem. Their indication to me was that it would be problematic to get those permits. Ronald Ripley: How problematic? Eddie Bourdon: I'm not the one who can answer that question. Ronald Ripley: Is it a big deal or not? Having that right mm in there would be a good safety thing especially on a small rural road. And, not having it is obviously not a good safety situation. Eddie Bourdon: Well, we are comfortable working with staff and working the property owner to try to make that happen or to go through the permitting process but those are both options that are out there but mandating it when this is the way we do it. We don't believe that there's enough fight-of-way there to do a proffered job in the existing job with a fight hand mm lane. Ronald Ripley: Faith, did you all look at that? Eddie Bourdon: Faith is not here. Ronald Ripley: This is your application? Did you look at the degree of wetlands that are in them that are kind of problematic situation you might see? Stephen White: I know that Mr. Bourdon is correct, and that there are isolated ihead- water wetlands in that area. I can't tell you the exact location though. I discussed this with Mr. Bourdon yesterday and actually suggested a realignment of that road as your all talked about. But as notes, it would require them getting permits to go through those isolated head water wetlands, and he could work with the adjoining property owner if so inclined to provide that right hand turn lane. But, we agree with you that it is a safety issue and definitely do need to get that fight hand turn lane in there. Eddie Bourdon: And, my understanding is that there is someone here who is involved with the property adjacent to us. They have met with and talked with City representatives. They have not contacted me so I have an idea of what they're going to be talking about, and I suspect that there will be a way to make it happen because I have not had any communication with them. They haven't communicated with me on it. Let's see what they have to say. Ronald Ripley: I think Don has a question. Eddie Bourdon: I think we can provide it. Donald Horsley: You got an access just to that property? Eddie Bourdon: Yes. We provided an access to that property here. Donald Horsley: Well, if that property is developed will your road be the access to that property? Eddie Bourdon: That's the way we've done it. Donald Horsley: Well that would make that fight turn lane pretty much a natural. Eddie Bourdon: Correct. We have designed this to provide them so that it will be a shared access situation if and when this property comes into development and apparently that is what is being contemplated, so they would not have to have another entrance other than Indian River Road and clearly that's what would be afforded if that happens. The problem there is that under the current AICUZ line, they're in the high noise zone so that's a potential problem that they face. We've also provided a point of access to this property as well as required by staff so we can have connectivity. Donald Horsley: Alright. Ronald Ripley: Are there any other questions? Yes, Will. William Din: Can you address Lot 45 and maybe the right turn lanes coming into Indian River Road there? Does it just come fight out? Would you need a fight and left turn lane there also? Eddie Bourdon: Lot 45. That's where the existing home on the property is located and that lot will be retained. It will be a larger than standard lot. A new house will be built there and replace the one that is there. Across the entire frontage back there will be an easement for the maintenance of the open space. This part of the lot going back and I dare say 200 feet would be natural, preserve, stay as it is. The driveway that is there now will remain. There will be a new house that will be built in place of the one that is there now. But there would not be a turn lane for that one house. No. It's the same situation that exists there today. You have one house. Ronald Ripley: Okay. I think we have some speakers. Sorry. Barry Knight: Eddie, on condition ~4, which is the neighbor to the west, Mr. Harrison, Agricultural Operation you said something about planting some trees but they're Evergreen trees. Eddie Bourdon: Evergreen trees. The condition is absolute acceptable as written. Barry Knight: And, also we discussed this earlier but the adjoining neighbor also had a concern. He has an agricultural operation there and wanted to know if it would be okay to put in additional condition which would be condition #7, which states that the note shall be placed on the plat of Lots 31-40 as follows: Lots 31-40 may be subject to sounds, odors and other effects commonly associated with agricultural operations. Eddie Bom'don: Perfectly acceptable. Barry Knight: Thank you. Eddie Bourdon: That's standard language that we see down the center part of the state. I'll be happy to add that condition. Ronald Ripley: Okay. Dot. Dorothy Wood: Mr. Rabe£ Wade Rabey: Rabey? Dorothy Wood: I don't know. It looks like R-A-B-E-F. Wade Rabey: R-A-B-E-Y. Dorothy Wood: Okay. Thank you. Wade Rabey: Hello folks. My name is Wade Rabey. I'm with Rose & Womble, and I represent both the Lees, which is across the street here and the Graves property, so this particular Graves property obviously is going to have to be coordinated with the road that they're planning on putting in the Potter's piece. I've talked to the Graves, and they would love to see this project happen. They would have no problem working with the developer as far as the intersection there. We do have one concern though. It doesn't line up with the Lee property. There is a wedge that is owned by the State that is directly across from this intersection fight here that we would have to purchase in order to line our entrance up with this entrance. We really prefer to have that thing shifted over and the Graves would be willing to dedicate right-of-way for that to happen so that when we and if we ever do be able to develop these two properties we'll have the entrance in place and we won't have to put another one that's down here and mess up the taper on the tum lanes and everything. But we would be willing to give a turn lane fight-of-way dedication for the tum lane and the possibility of giving a fight-of-way dedication down in this area. I believe that when they did the wetlands study for the Potters they also had a wetlands study for the Graves, so they should enough information to see if there is a possibility for them to shift that down without slowing their process down any. The other is the pump station. We don't have any problem with the location. We just want to make sure that we are going to be included. We fully realize that when we tap into that that will we have to pay a pro-rata type situation, but we just want to make sure that if we have the possibility to develop these two pieces that it's sort of master planned with the Potters piece. And, that's basically all we have. We'll be happy to meet with Eddie and Mr. Reed and work that out. The both of these properties are for sale and based on that noise issue which is really what's been holding these people back other than the Transition Area. All those people down there have been waiting for a long time. They're ecstatic over this. We appreciate it. Thank you. Dorothy Wood: Mr. Lee. W.J. Lee. Ronald Ripley: Before Mr. Lee speaks, Bob, making adjustment to entrances like that this is a proffered plan, I'm not sure on how that would fit in at this point. Robert Scott: I think what you have here is a plan where we're not intending to nail down the exact location of Indian River Road where that road would com. There is some flexibility and it follows a general concept. And you already heard mention of the wetlands. I don't know where they are but I think wetlands would be a legitimate reason to adjust some road and other element locations consistent with the overall concept. Obviously, they can't move the road east. They have no place to move it to but things could be done. I think that one of the reasons why people go through subdivision review is that we can coordinate the location of elements like this that develops or properties are potential subdivisions in the area is to coordinate. If it requires minor adjustments to elements, and the plans like this then as long as a major concept is adhered to, I don't see a problem with it. Ronald Ripley: Okay. Just wanted to make sure that you were okay with that. Please come up. W.J. Lee: My name is Bill Lee. I'm a property owner and a resident practically just across the street from the Potter property. It's right across here. The line runs right straight across these two properties were probably at one time one piece. I've lived out there for 25 years and every time you lose electricity you have no water flushing toilets. I've raised five kids on the property, so that was a problem, so I'm all for the project particularly the decadence, possibly coming into fruitation along with the water comes the water and sewage. And, I'm listed with Rose & Womble and the Graves and myself, we've had our properties for sale. I think the Graves will probably be willing dedicate some property if this road was moved this way, and they would probably dedicate property for a turn lane. If that's not done, this runs directly into a piece of property that the State owns and then if this is developed, you will have access here but my piece on this side would have to be another road access to Indian River Road. By moving this over this way with a dedication you would have one intersection and that would limit the access to Indian River Road to one position. That's my comments on the project. Ronald Ripley: You pretty much confirmed with the previous speaker said. We appreciate it. W.J. Lee: I'm sorry. Ronald Ripley: I said you're confirming with what the previous speaker said. W.J. Lee: Right. Exactly. I've lived there 25 years. My taxes are more than double. I've got nothing in the last 25 years other than the garbage collection. For the ones who can't develop or maybe to small to get water and sewage and ones that do develop will realize something for the property they lived off. I'm retired so I can use the benefits from it. Ronald Ripley: Thank you Mr. Lee. Are there any other questions of Mr. Lee? Thank Dorothy Wood: Bobby Roundtree. Bobby Roundtree: I've been referred to Ray Firenze. I'm just here to answer any operational questions. Ray Firenze: Good afternoon. My name is Ray Firenze. I'm a Community Planmng Liaison Officer for Naval Air Station Oceana. I'm here today on behalf of the Navy to oppose the planned subdivision by F. Donald Reid and we respectfully urge, that the rezoning be denied. I will be speaking on operational issues that will affect this area and any questions regarding the actual operation of an airplane. I would like to refer that to Mr. Bobby Roundtree. Bobby is signed up as a speaker. Bobby is a retired Naval aviator. He flew Tomcats, Hornets. He was a squadron commander for VFA-136, the Nighthawks out of Oceana. In his last assignment was executive officer of Oceana. The proposed project would be located about 5½ miles southwest of Oceana and three miles north of Fentress in a 70-75 decibel day/night average noise zone and partially greater than 75-decibel noise zone. This site is directly aligned to Oceana's Runway Five, one of our busiest runways. There are several key flight tracks that pilots use to navigate to and from Oceana and Fentress that concern us, as they should you. In 2002, Runway Five accounted for 44 percent of 218,000 annual flight operations. Aircraft on approach to Oceana conducting straight instrument procedures will fly directly over this property as well overhead arrivals enter a facility arrivals and departures to and from Fentress. We are on the north end trending runway. This is our routine right through here. Airplanes that depart Fentress, Runway Five part come direct to the airport. Airplanes that depart Fentress after 11:00 o'clock at night between 11-7 will climb to 1,000 feet and landing configuration proceed direct or straight into the runway. I did an analysis of the traffic count from August 2002 to date and along this path only. Straight in we flew 6,686 instrument arrivals along that path. This subdivision will be impacted by flight operations will be subject to high single event noise levels. An F-18 Hornet of 1,000 feet has a sound exposure level of 109 decibels. An F-18 Super Hornet is expected to have a sound exposure level of 114 decibels. These are the levels that will be typical for an aircraft on late night straight in arrivals from Fentress. At an attitude of 1,500 feet on an instrument approach, the Hornet has a sound exposure level of 106 decibels and a Super Hornet is a 110 decibels. The sound exposure level represents both the intensity of the sound and its duration. I'm almost done. So, for an airplane that flies over it includes both the maximum and lower decibels level and is representative of the entire event. Oceana and Fentress are both 24-hour facilities. We ask that you please consider our concerns on your way to your final decision. We view further development in this area as incompatible and an encroachment upon the operational mission of Oceana. Thank you. Ronald Ripley: Any questions? Eugene Crabtree: I've got one question. Ronald Ripley: Gene. Eugene Crabtree: Looking at the two diagrams, one is that we've got protected up there got a black line to it. It shows the high decibel zone is to the right of that. Yet, you show here in your diagram that it goes directly over the entire property. Ray Firenze: Well no. I actually and I guess I should have made a Power Point. Eugene Crabtree: I'm just curious as to how those relate to each other. Ray Firenze: Where the high decibels are posted. I'm not a great artist. I put the 75 here so I have most of the property in the 70-75. Eugene Crabtree: So, the one up on the projection up there then is correct. Is that to the left hand side is in a permissible zone where that to the right hand is in a non-permissible zone. Right? Ray Firenze: We do not recommend residential develop in the high noise zone of 70-75. Eugene Crabtree: Okay. And, it is in the direct flight line with the runways. Ray Firenze: Yes sir. Ronald Ripley: Okay. Are there any other questions? Charlie. Charlie Salle': If I'm understanding your graphic, I assume the red piece is the piece of property in question. Ray Firenze: Yes sir. Charlie Salle': What does the yellow represent? Ray Firenze: That's the Transition Area. Charlie Salle': Okay. So, how much of the yellow area is impacted that all you would object to any development? Ray Firenze: It's a real good question. This is a great development if you could just move it from here to here. You know, of all the places its right underneath a major league flight tracks into Oceana on that runway. If you could flip these flight tracks over its the same story up there except nobody lives out over the water. Charlie Salle': So, within the area, I guess it looks like a triangular. Is that coming from Fentress? Ray Firenze: These are different flight tracks. This would be an instrument arrival on a radar approach, which I quoted you as 6,600 plus here. And, this is another instrument approach, which is what we call a tactical approach where the pilot just navigates the thing by himself. Here he is getting help from the comptroller. He navigates by himself and he's being monitored. But coming off ofFentress going straight northeast especially after 11:00 o'clock he does his touch and go at Fentress, he comes up and gets to 1,000 feet, wheels down for landing straight in to Oceana so he's just screening the noise straight across. Charlie Salle': You see that triangular path that goes from Fentress? Ray Firenze: Here? Charlie Salle': No. That you've drawn on here. It looks'like all of that area and I guess it's anything outside of that area okay. It looks like the base of the triangle, the broad part is at Fentress and it narrows down to the apex at Oceana. Is everything between those lines the area that you have a problem with? Ray Firenze: Yes sir. And it's not just they're going to be effected by noise from the repetitive patterns operations at Fentress and the straight in arrivals to Oceana. So, while they're spinning around out here on Runway Five, they're in a repetitive operation and they'll get it again once they come off and come back. Ronald Ripley: Gene Crabtree has a question. Eugene Crabtree: Does the current environmental impact study that apparently is being done still verify this as a danger zone? Ray Firenze: It all depends on what the Secretary of the Navy picks. There are eight basing options. There's two preferred options but they're all out there on the table. Okay, to answer your question, if he picks option six, alternative number six, not much changes. But, we don't know that until he makes a decision and we put it on paper. Eugene Crabtree: I understand that he hasn't made his decision yet. Ray Firenze: No sir, he has not. After the 18th of August, anytime after that a decision could be made. Eugene Crabtree: So, we're in limbo. Ray Firenze: Yes sir. Ronald Ripley: Are there any other questions? Okay, next speaker. Ray Firenze: Thank you. Ronald Ripley: Thank you. Dorothy Wood: John Harris. John Harris: My concerns were taken care of this morning. I'm good to go. Dorothy Wood: The only other speaker we have is Mr. Roundtree, did you want add anything now Bobby? Bobby Roundtree: No ma'am. Dorothy Wood: Thank you. That's all the speakers. Ronald Ripley: We have a gentleman raising his hand back there. You already spoke and only if its new information. W.J. Lee: It's in reference to the noise. I live right there directly in the path. Ronald Ripley: Come on up if its new information please. W.J. Lee: It's in reference to the noise information that you received from Mr. Firenze. I live right there directly in the path probably. Sometimes the airplane goes right over the house and sometimes it's to the right and to the left. I have a high regard for the military and the Navy but at one time, their high noise zone was on the other side was on the other side of North Landing Road. Fentress is fixed plus Oceana has cross-runways. All the traffic doesn't go between Oceana and Fentress. It has a cross runway. It depends on the wind but they can also land in different directions. Fentress has two landing practice positions, I guess or whatever you might call it whether it can come in and practice on any and I guess sometimes they do their go around on the Chesapeake side and sometimes they do it closer to the Beach side. So, I know there's a noise issue but I'm trying to down play it I guess to some extent because I live there and when I'm in the house the noise doesn't bother me at all. It doesn't bother me when I'm outside. The 75 decibels or higher was totally on the other side of North Landing Road one time and Fentress is fixed. And for some reason they moved it over to the Potter side the lease side of North Landing Road. ! don't know why they did that but maybe they got some pressure from Chesapeake to switch it or something. They don't always go directly to one field to the other plus they have cross-runways that they could use. Ronald Ripley: Thank you very much. Eddie Bourdon: Mr. Chairman, first of all with regard to Mr. Rabey's comments, Mr. Lee's comments, we're in total agreement. Master planning is the way to go. We don't control where the pump station would be located, but the pump station will be there and a service area will encompass some or all of their properties. We are perfectly happy to work, as I said and as I kind of thought was going to be the case, with moving the entrance over if they'll dedicate the land, we'll build it and we'll build the right mm lane. That's an easy one. And, that works for everybody. We tried to master plan it. I see where they thought it was better if it was over here. If they'll work with us we'll do it. I think any change in that regard is within the Planning Director's discretion as being substantially and keeping with the plan because we're not changing anything as far as the nuts and bolts of development, just makes it a better plan and a better development. They'll do what they indicated we're there with them. We'll build the road and put the mm lane in and that works very well. My comments with regard to what I heard from the Navy. I understand that Bobby and Ray are the messengers and as all they are. The expressions of disappointment, then let it be a disappointment, and they are not necessarily directed at them. But, a number of years ago when the first BRAC Commission came about, Senator Warner represented a picket, represented as a TVA, TVR, Virginia Beach Division, City of Virginia Beach all worked and stake holders all worked diligently for many, many months. In finally resolving an issue that had been out there for years as to how to handle land use issues around Oceana, given the noise issues and that has worked very, very well for quite a number of years. And, now all of a sudden and I could only count because I think this is where it lies lack of political leadership and lack of strength and some Navy admirals getting involved in politics rather than dealing with staying the course, 'doing the right thing. Now we got changing of positions. Moving all around. It's a moving target. Telling people and taking the land over without buying, affecting what they can do without paying for it. It wasn't the case before we had something we could deal with. Something that everybody was dealing with and now because of the Hornet basing decision, which has been out there for many, many months, we see a change in policy. And, that is actually what is happening. It's a change in policy. Where were the Navy representatives when we decided to spend $200 and some million dollars for the Pavilion expansion? Where were they? We didn't hear from them. Is the City paying $200 million dollars to put a Pavilion expansion in the high noise zone where it shouldn't be? There are a lot of other examples that I can sight but I'm not going to go through it all tonight or today. You all know it. You understand the situation. I'm not going to go into it in great detail. But, this kind of politics, why doesn't make any sense. We're living under the rules that we all lived under and are working with as a community tried to work with. I support the Navy strongly as anybody does and a lot of other people in this community that when this stuff starts flipping and flopping and going all over the place, you have rural support and that's what will happen if they don't stay the course and stay consistent in their leadership. Thank you. Ronald Ripley: Thank you. That's getting on the soapbox there. Okay. Are there any other speakers? We'll open it up for comments. Donald Horsley: I'll start because I have to go. I think the applicant did an outstanding job developing a piece of property that probably ten years ago everybody rode by and said that property will never be developed. But, I think he's done an outstanding job. I think he's addressed the concerns of any neighbors that came by. I think he's shown a willingness to work with the adjoining property owners, and I think this is a good amenity in the Transition Area. The 60 percent open space is a benchmark for a lot of the developments we can look at now. So, I support the application. When you're ready for a motion, I'll make it. Ronald Ripley: Are there any other comments? Barry. Barry Knight: I support the application also. I did have a little bit of concern about and I've heard it said so many times about the Navy has a moving target. We all support the Navy. We all want as many squadrons here as we can possibly get, and we want to support them but this moving target. We've it mentioned many, many times but this a nice development. Just actually like Don said and when it is time to make a motion please include condition #7. Ronald Ripley: Is there anybody else? Jan. Janice Anderson: I'm going to support the project also. I think it falls fight in place with what the Transition Area. So far as the noise zone, I think we have to stick like Mr. Bourdon said right now, housing is allowed in these other places from 70 up to 75 and that's what it is zoned now, so I don't see holding it up and thinking five months about it may change. And they don't have any housing in that higher zone so I don't have any problem with that. Ronald Ripley: Does anybody wish to say anything else? Gene. Eugene Crabtree: I have a problem with the noise zone and the direct flights because as everyone knows I support the Navy and the air space totally. I think the development is an excellent development and the way it's drawn up on the board. But I do have reservations because it's in that direct flight line. However, if it's built and people buy in that area then they're taking their own chance. I wouldn't want them ten years from now coming back and blaming the Navy for it. Not being able to hear right or whatever. But I just want to say that and I do have reservations about this. Ronald Ripley: It appears to meet the intent of the guidelines for the Transition zone. It seems like it's been worked through pretty thoroughly. I do also favor approval of this. I say it's uniquely laid out, but it's laid out for the Transition guidelines, which does make it unique. I am concerned too with the noise zone issue, but on the other hand I have some concerns with the way perhaps we need to resolve that difference, and we need to resolve the policy if you will so that the Navy and the City can reside together, and we don't have conflicts on this type of issue. Barry, do you wish to make a motion? Barry Knight: I'm ready to make a motion. Ronald Ripley: Please. Barry Knight: I'd like to make a motion that we approve agenda items//34, 35 & 36 and add condition #7 as I read before. I can read it again. Condition #7, a note shall be placed on the plat on Lots 31-40 as follows: Lots 31-40 may be subject to sounds, odors and other effects commonly associated with agricultural operations. Ronald Ripley: That's a motion by Barry. Seconded by Don Horsley. Let the record that Bob Miller left before the proceedings, and I think he had to abstain on it anyway. I think his firm did the design. So, are we ready to vote? Let's call for the question. AYE 9 NAY 1 ABS 1 ABSENT 0 ANDERSON AYE CRABTREE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE NAY ABS Ronald Ripley: By a vote of 9-1, the motion carriers. I think were completed. This meeting is adjourned. FORM NO. I~,S. lB 0,~ OUR N ~,~'I~ City of Virginia Beach INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5669 DATE: TO: FROM: Leslie L. Lilley B. Kay Wilson~k'x~ November 24, 2003 DEPT: City Attorney Conditional Zoning Application F. Donald Reid and Harry A. Potter DEPT: City Attorney The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 2, 2003. I have reviewed the subject proffer agreement, dated June 26, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY: SYI([$, I~OUtlDON. Attl;RN 8, LCd. P.C. F. DONALD REID HARRY A. POTTER TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth Virginia of THIS AGREEMENT, made this 26th day of June, 2003, by and between F. DONALD REID, Grantor, party of the first part; HARRY A. POTTER, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 51.4 acres and described as "Parcel One" in Exhibit "A" attached hereto and incorporated herein by this reference which parcel is herein referred to as the "Property"; and WHEREAS, the party of the first part is contract purchaser of "Parcel One" has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-1 and AG-2 to Conditional R-20 Residential District with a Conditional Use Permit for Open Space Promotion; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and GPIN: 1483-38-6300 PREPARED BY: §YI~[$. t~OURDON. AltON & LDg'Y. ]).C. WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-20 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title and which w/il not be required of the Grantors until the Property is developed: 1. When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than forty-five {45) building lots substantially in conformance with the Exhibit entitled "CONCEPTUAL SITE LAYOUT PLAN OF POTTER TRACT, VIRGINIA BEACH, VIRGINIA", dated 05-06-03, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning {"Concept Plan"}. 2. When the Property is developed, the pedestrian trail system and open space improvements shall be constructed substantially as depicted on the Concept Plan. Approximately 33.3 acres of landscaped parklands with pond features and an extensive pedestrian trail system as depicted on the Concept Plan shall be dedicated to and maintained by the Property Owners Association. A public use easement shall PREPARED BY: S~t;$. ~OU~DON, Att~N & IJ2'VY, P.C. be dedicated on those portions of the trail system located within the 300' Transition Area Buffer adjacent to Indian River Road. 3. The community entrances and the proposed street section of the roads within the community shall be constructed and installed substantially in conformance with the detailed plans on the Concept Plan. Sidewalks shall be provided on the main entrance road as depicted on the Concept Plan. No on-street parking shall be permitted on one side of every road within the community. 4. When the Property is developed a left turn lane shall be constructed at the entrance to the community from Indian River Road. A public right of way shall be dedicated to the adjoining property to the east and the adjoining property to the north as depicted on the Concept Plan. 5. When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners Association which shall be responsible for maintaining all open space areas, including the community owned parklands, pedestrian trail, and the entrance features. 6. Ail residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which is no less than eighty percent (80%) brick, stone, stucco or similar quality materials. Any one story dwelling shall contain no less than 2400 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage and a driveway (including apron) with a minimum of four hundred ninety (490) square feet of hardened surface area. 7. When the Property is developed, every reasonable effort will be made to preserve the existing mature trees on the site and a tree preservation and restoration plan shall be submitted to the Grantee for review along with the Preliminary Subdivision Plan. 8. The Grantor recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on November 4, 1997. The Comprehensive Plan states that development PREPARED BY: SYI([S. I}OUttDO~, taking place in this area should support the primary purpose of advancing open space and recreational uses. In addition to committing over sixty-four percent (64%) of the Property to open space preservation, via the dedication of approximately thirty- three and three-tenths (33.3i) acres of the Property to the Property Owners Association as permanent open space the Grantor agrees to contribute the sum of Seven Hundred Fifty Dollars ($750.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantor in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. Grantor agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. 9. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-20 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the PREPARED BY: SYI(ES. ROURDON. A~ERN & L~2vY. P.C governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; {3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching .to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY'. H§YI3iS. t~0tr~ON, Att[RN & lEVY. P.e. WITNESS the following signature and seal: GRANTOR: F. Donald Reid (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 7th day of July, 2003, by F. Donald Reid, Grantor. ' [%' I ~ ~, .: "' ~'~"f " ,.~ ~...'5'" · 75. I',:' %.'?', ,.': Notary Public My Commission Expires: August 31, 2006 PREPARED BY: .~,~ SYKES. I~OLr~DON. Altt~N & LEVY, WITNESS the following signature and seal: STATE OF FLORIDA CITY/COUNTY OF Harry A~c~er" //! / ~.~z/'c.~ (SEAL) Manatee , to-wit: The foregoing instrument was acknowledged before me this July ,2003, by Harry A. Potter. 7th .~?' .... ~'/'ffN~)tafy' Pubfic Kathryn A. Se£der My Commission Expires: 9 / 19 / 0 5 -~ KATHRYN A. SEIDEFI Notary Public, State of Florida ~ My comm. expires Sept. 19, 2005~ ~ Comm. No. DD058821 Bonded Thru Service !nsurance Comp,any, Inc.[ day of PREPARED BY: SYEES, ]~OURDON. _ Att~N & W~'Y. P.C. EXHIBIT "A" PARCEL ONE: All that certain tract of land located in the Princess Anne Borough of the City of Virginia Beach, Virginia, marked Harry A. Potter 50.42 AC., as shown on a certain plat entitled "Survey of Property of George W. Bratten, Jr., et al, W.B. 35 P. 374, Harry A. Potter D.B. 663 p. 598, Princess Anne Borough, Virginia Beach, Va." Made by Gallup Surveying, Ltd., dated May 28, 1974, and revised September 28, 1979, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 144, page 10, and being more particularly described as follows: Beginning at a pin in the north side of Indian River Road at the dividing line between the Harry A. Potter and Edmonds tracts as shown on said plat, and from said point of beginning running N 56 degrees 10 minutes 33 seconds W, along the north side of said road, a distance of 980.90 feet to a point; thence continuing along the north side of said road in a radial arc with a radius of 373.89 feet a distance of 188.21 feet to a point; thence continuing along the north side of said road N 27 degrees 20 minutes 03 seconds W a distance of 323.51 feet to a point; thence running N 60 degrees 57 minutes 21 seconds E a distance of 1044.49 feet to a pin; thence running N 27 degrees 20 minutes 03 seconds W a distance of 208.70 feet to a pin; thence running N 62 degrees 32 minutes 08 seconds E a distance of 783.92 feet to a poplar; thence running S 24 degrees 50 minutes 53 seconds W a distance of 935 feet to a pin; thence running S 61 degrees 32 minutes 33 seconds E a distance of 1125.31 feet to a pipe; thence running N 28 degrees 14 minutes 07 seconds E along a ditch a distance of 187.22 feet to a point; thence running S 64 degrees 44 minutes 06 seconds E a distance of 632.60 feet to a pipe; thence running S 64 degrees 13 minutes 52 seconds W a distance of 932.04 feet to a pin; thence running S 89 degrees 46 minutes 08 seconds W a distance of 75 feet to a pin; thence running S 86 degrees 43 minutes 52 seconds W a distance of 379.50 feet to a pin; thence running S 74 degrees 13 minutes 52 seconds W a distance of 404.61 feet to a pin, the point of beginning PARCEL TWO: All that certain tract of land located in the City of V/rginia Beach, Virginia formerly Seaboard Magisterial District, Princess Anne County, Virginia, lying north of the Indian River Turnpike, containing Forty-five (45) acres, more of less, out of a tract of seventy-nine (79) acres, as shown by plat of the same recorded in Map Book 10 page 90, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. Said tract being bounded on the North, by Salem Pubhc Road; on the East, by the property now formerly Sam Snowden; on the South by the Indian River Turnpike and on the West, by the property now or formerly Bratten and Sawyer. GPIN: 1483-38-6300 CONDREZONE/REID/PROFFER.3 REV.6/26/03 Not to ~cale F. Donald Reid AG-I AG-2 AG-I ZONING HISTORY 1. 8-10-87: Conditional Use Permit (Single-family dwelling)- Approved 2. 3-25-83: Conditional Use Permit (Additions to cemetery)- Approved 3. 11-28-88: Subdivision Variance -Approved 8-13-91: Conditional Use Permit (Church)- Approved 1-13-98: Conditional Use Permit (Private School) - Approved 4. 5-25-99: Rezoning {AG-1 & 2 Agricultural to Conditional R-15 Residential) Approved 6-27-00: P, ezoning (AG-1 & 2 Agricultural to Conditional 13,-15 Residential) Approved 4-24-01: Modification of Proffers - Approved M~p No-r. t~o Scale Daniel Brenneman ~ A(S~_2 ~ ~G-2 AG-I AG-I AG-I AG CUP - Commercial Kennel AG-2 I# DATE I REQUEST 1 8-27-86 Downzone to AG-I/AG-2 Agricultural I ACTION I Denied Although not in the immediate vicinity of this application, a Conditional Use Permit for a commercial kennel to breed small dogs for sale was approved on Old Carolina Road in the spring of 2000. The applicant was limited to 40 adult dogs on the property. Paul Daniel Brenneman Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ~ City Manager: ~ ~---'-'~ G13 - 213 - CUP - 2003 PAUL DANIEL BRENNEMAN Agenda Item # 6 January 14, 2004 Public Hearing Staff Planner: Ashby Moss The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: Conditional Use Permit for commercial kennel LOCATION: Property located at 3661 North Landing Road Daniel Brenneman CUP - Commercial Kennel GPIN: COUNCIL ELECTION DISTRICT: 14836672080000 7 - PRINCESS ANNE PAUL DANIEL..'BRENNEMAN Agenda Item::# 6 .Page 1 SITE SIZE: 3.04 acres EXISTING LAND USE AND ZONING: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: The property is currently used as a residence and is zoned AG-2 Agricultural District. Mixed agricultural and rural residential land uses / AG-1 and AG-2 Agricultural Districts The property is mostly wooded with evergreens and deciduous trees. There are no wetlands or water features on the property. The site is in an AICUZ of greater than 75dB Ldn surrounding NAS Oceana and NALF Fentress. The applicant proposes to breed small dogs for sale to the public. Initially, the applicant proposes to keep six adult dogs but anticipates increasing this number in the future. The dogs will be kept in an 800 square foot fenced kennel area outside. According to Section 223 of the Zoning Ordinance, the kennel must be at least 100 feet from any adjacent property. Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. --- .. .. .. , .,: PAUL DANIELBRENNEMAN Agenda Item Cf 6. page 2 · Mitigation of noise and other nuisance factors associated with the kennel and its impact on neighboring property owners. · Compliance with Section 223 of the Zoning Ordinance regarding kennels. ComprehenSive plan' The subject property is located within Princess Anne (the Transition Area) as designated by the Comprehensive Plan. Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposars strengths in addressing the 'Major Issues' are (1) The outside kennel area will be kept at least 100 feet from any adjacent properties as required by Section 223 of the Zoning Ordinance. (2) The property has ample space for this type of use and is surrounded by agricultural land with few neighboring houses. The closest residential structure on any adjacent properties is approximately 350 feet from the outside kennel area. Staff, therefore, recommends approval of this request subject to the following conditions: Conditions o No more than 15 adult dogs (over six months of age) shall be kept on the property at any time. PAUL DANIELB-RENNEMAN Agenda Item?# 6: Page: 3 2. The applicant shall comply with Section 223 of the Zoning Ordinance. NOTE: iii Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. PAUL DANIEL.BR:ENNEMAN Agenda Item: # 6 page 4 Supplemental Information~lii M~ Map No't. t.o Scale AP_;-2 Zoning History Daniel Brenneman ~G-2 AG-I AG-I AG-I AG CUP - Commercial Kennel AG-2 I # I DATE I REQUEST 1 8-27-86 Downzone to AG-I/AG-2 Agricultural I ACTION Denied Although not in the immediate vicinity of this application, a Conditional Use Permit for a commercial kennel to breed small dogs for sale was approved on Old Carolina Road in the spring of 2000. The applicant was limited to 40 adult dogs on the property. PAUL DANIEL B:RENNEMAN Agenda Item:i# 6 Page..5 Public A_~ency, Comments Police: Public Safety IThere have been n° n°ise c°mplaints reported at thisproperty. I Fire and Rescue: I No comments. PAUL DANIEL BRENNEMAN Agenda Item# 6 Page .6 Exhibit A Aerial of Site Location · . . PAUL DANIEL.BRENNEMAN Agenda Item# 6 Page: .7 ~_~-~'I~F-~ ~-~A 7.~ i,~m~, ~'~' ~-~ ' -~ d.~' ~ ~lS IS TO CERTI[Y T~T I, ON ~~ ~ ,lg~ ,SU~ED~PROPER~ ~ SHOWN ON THIS P~T, AND T~T THE ~E UNE'S AND ~E W~ OF Tt~UI~INGS % ~E ~ SHOWN ON THIS P~T. ~ H - "- - ' ~ THE eUl~lN~ STAND STRI~f W~HIN THE roLE LINES ~D ~R~~' C, WARREN, JR. ~ NO ~CROACHME~S OF OTHER BUI~INOS ON THE PROPERS. EXCEPT ~ SHOWN. No. 95~ IX,lOIRTi.--I [_A, txJIDINJG D,.OA, L~ Exhibit B Proposed Site Plan PAUL DANIEL :B'RENNEMAN Agenda Item:'# 6 Page .8 · t Exhibit C Proposed Plan (DETAIL) PAUL DANIEL BRENNEMAN Agenda Item # 6 Page9 Exhibit D Disclosure Statement PAUL DANIELBRENNEMAN Agenda Item:# 6 Page.'i..1.0 Item #6 Paul Daniel Brenneman Conditional Use Permit 3661 North Landing Road District 7 Princess Anne January 14, 2004 CONSENT Dorothy Wood: The next item is Item #6 Paul Daniel Brenneman. It's an ordinance for Mr. Brenneman for a Conditional Use Permit for a commercial kennel that's located on North Landing Road in the Princess Anne District. It has two conditions. Mr. Brenneman? Paul Brenneman: Paul Brenneman. Dorothy Wood: Have you read the conditions sir? Paul Brenneman: Yea. Dorothy Wood: And you agree with them sir? Paul Brenneman: Yes. Dorothy Wood: Thank you. Is there any opposition to this application? We do have a letter from Mr. & Mrs. Hendrick. Are they here? Ronald Ripley: We have a letter of opposition. Dorothy Wood: Opposition. Yes. Hearing no opposition. Gene, would you please comment on this one. Eugene Crabtree: Yes. This kennel is in the Princess Anne District. It is in the Transition zone. It is also located within the noise zone that is identified by the Department of Defense for Oceana. The kennel is an appropriate use for the properties within this area. The kennels would be at least 100 feet away from any existing residence in the future and currently it is over 300 feet away from any existing residences. Therefore, we feel like that it is a suitable use for this property and will be well used within this and the transition area. It does fall into the realm of the uses of the property within our Comprehensive Plan. So therefore, we put it on the consent agenda. Dorothy Wood: Thank you. Is there any opposition on Item//6? Hearing none. Mr. Ripley, I would move to approve this item on the consent agenda, Item #6 with two conditions. Ronald Ripley: We have a motion to approve this consent agenda item. Do we have a second? William Din: Second. Ronald Ripley: Seconded by Will Din. We're ready to vote. AYE 9 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WOOD AYE ABSENT Ronald Ripley: By a vote of 9-0, this consent agenda item passes. We, the tenants of 2038 Lyndora Rd., respectfully request our neighbors acceptance in obtaining a Conditional Use Permit for our property as to the purpose of operating our in home day care business. -Address Printed Name S i gn~f~ "-f'~ ~., ,...~...~. ~. c~.~ ...~~ .... ~,~~~~ CITY OF VIRGINIA BEACH Department of Planning (757) 427-4621 Fax (757) 426-5667 INTER-OFFICE MEMORANDUM February 4, 2004 TO: FROM: SUBJECT: James K. Spore, City Manager Stephen J. White, Planning Evaluation Coordinato~ Application of Li'l Ones for the February 10, 2004 Agenda The Li'l Ones application for home day care at 2038 Lyndora Road is somewhat unique due to the number of children potentially involved, ten (10), and the size of the dwelling unit (townhouse). The Planning Department has in recent years witnessed an increasing number of requests for home day care of ten and sometimes twelve children. We find this to be indicative of a societal trend toward child care in a home environment and an overall increase in the demand for child care. In the case of Li'l Ones, the Planning Staff, and subsequently the Planning Commission, found three factors to be instrumental in the recommendation of approval for this request: 1. There have been several other requests for home day care with 10 or more children in the recent past. One was recently approved by the City Council for a townhome in Magic Hollow. That approval was for 11 children. In 1996, the City Council approved a home day care for 11 children just to the south of the Li'l Ones site on Lyndora Road. 2. The applicant presented the Staff and the Planning Commission with a petition signed by her immediate neighbors and others in the community noting their support for the applicant and the request. 3. The Department of Social Services has final review and authority on these matters. They have reviewed the request for 10 children and have granted approval of the request, subject to the applicant obtaining the required use permit from the City of Virginia Beach. If you have any questions, please let us know. Map D-II Mo Not ~.o Scole Li'l Ones Home R-7o P-I CUP-Family Care Home (home day care) I ACTION 1 # I DATE I REQUEST 1 12-3-96 Conditional Use Permit (home daycare-up to 11 Granted children) Rezoning (R-5 Residential to A-1 Apartment) Rezoning (R-5 Residential to R-8 Residential) 2 2-6-84 Granted 3 8-15-83 Granted In addition to #1 listed above, several Conditional Use Permits for home daycare centers have been approved in the City in recent years: · December 15, 1992, Kings Point Road, up to nine children · October 28, 1997, North Piping Rock Road, up to 12 children · August 13, 2002, Forest Glen Road, up to eight children · August 13, 2002, Blue Knob Road, up to 10 children · January 28, 2003, Dubois Place, up to 10 children · September 23, 2003, Sandy Point Key, up to 10 children CITY OF VIRGINIA BEACH AGENDA, ITEM ,, , ITEM: Li'l Ones Home Day Care - Conditional Use Permit (family care home) MEETING DATE: February 10, 2004 [] Background: An Ordinance upon Application of Li'l Ones Home Day Care for a Conditional Use Permit for a family care home (home day care) on property located at 2038 Lyndora Road (GPIN 14659194430000). DISTRICT 1 -CENTERVILLE Considerations: The property is currently used as a residence (townhouse) and as a home day care center for five children (as permitted without a Conditional Use Permit). The property is zoned A-12 Apartment District. The applicant proposes to operate a home daycare for up to ten children. Hours of operation are from 6:30 a.m. to 6:00 p.m., Monday through Friday. One assistant is required to help care for the children. The exterior play area is fenced and is adequate to accommodate the ten children requested. Staff recommended approval. There was no opposition to the request. Recommendations: The Planning Commission passed a motion by a recorded vote of 6-3 to approve this request with the conditions below. The Planning Commission recommended an additional condition (Condition 8) to increase the height of the rear fence to six feet and to move the lock to the outside of the gate. However, due to the need for an emergency exit from the rear of the house and yard, any such lock should be placed on the inside of the gate so that the gate can be opened quickly. Accordingly, Condition 8, below, has been amended to require a lock on the inside of the fence. 1. The home daycare shall be limited to a total of 10 children other than children living in the home. There shall be no more than five children under the age of 2~ in the home at one time. Lrl Ones Home Day Care Page 2 of 2 2. Hours of operation shall be limited to Monday through Friday, 6:30 a.m. to 6:00 p.m. 3. One parking space shall be kept open in the driveway for parents dropping off and picking up their children. 4. No more than one person other than a relative residing in the home shall be employed by the home daycare. 5. No signs advertising the home daycare shall be permitted on the lot or buildings on the lot at any time. . The applicant shall maintain a family day home license with the Commonwealth of Virginia. Failure to maintain a family day home license shall result in revocation of the Conditional Use Permit for the family day care home. 7. The applicant shall obtain a Certificate of Occupancy from the Building Official for the home daycare/residential use. 8. The height of the fence shall be increased to six (6) feet, and a lock shall be placed on the ~ inside of the gate. Attachments: Staff Review (including Disclosure Statements) Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department~~j~J~,. City Manage~ Dll - 211 - CUP - 2003 LI'L ONES HOME DAY CARE Agenda Item # 5 January 14, 2004 Public Hearing Staff Planner: Ashby Moss The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: Conditional Use Permit for family care home (home day care) LOCATION' Property located at 2038 Lyndora Road D-Il i ) .... s~,, L I Ones Home Davy Care CUP-Famil~ C~e Ho~ (~ ~ rare) GPIN' COUNCIL ELECTION DISTRICT: 14659194430000 1 - CENTERVILLE . . .. LI'L ONES HOME DAY CARE Agenda Item; # 5 :Page l SITE SIZE: EXISTING LAND USE AND ZONING: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: 5,471 square feet The property is currently used as a residence (townhouse) and as a home day care center for five children (as permitted without a Conditional Use Permit). The property is zoned A-12 Apartment District. North/South /West: East: Townhouses / A-12 Apartment District · Single-family homes are located farther south on Lyndora Road / R-5D Residential District · Drainage feature at rear of property / A-12 Apartment District A natural drainage feature is located at the rear of the property. A drainage easement encumbers the rear half of the property. The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of'pr°p°Sa 7 The applicant proposes to operate a home daycare for up to ten children. Hours of operation are from 6:30 a.m. to 6:00 p.m., Monday through Friday. One assistant is required to help care for the children. The exterior play area is fenced and appears to be adequate to accommodate the ten children requested. The applicant currently cares for up to five children, which is permitted. LI'L ONES HOME DAY CARE Agenda Item# 5 :page 2 The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. · Impact of additional noise and traffic on neighboring properties. The subject property is located within a Primary Residential Area as designated by the Comprehensive Plan. The Comprehensive Plan policies recognize that all neighborhoods have a legitimate need for a limited amount of compatible support uses and activities like home daycare centers. However, these support uses must not disrupt or adversely impact stable neighborhoods. Staff Evaluation Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses the 'Major Issue' identified above. The proposal's strengths in addressing the 'Major Issue' are LI'L ONES HOME-DAY CARE Agenda Item# 5 Page .3 (1) The applicant has been operating the home daycare business for five children since September 2003. To date, there have been no complaints or problems reported. The applicant has submitted a petition of support from all of the neighbors in the immediate vicinity of her home. (2) One parking space is always available in the applicant's driveway for parents dropping off and picking up. Drop-off and pickup times are staggered, thereby preventing potential traffic congestion on Lyndora Road. (3) The applicant has already received a license from the State Department of Social Services, which is the agency responsible for ensuring quality care for the children. Condition 6 below requires that the applicant maintain the license from the State; therefore, inspections and requirements of that agency must continue to be met. Staff, therefore, recommends approval of this request with the recommended conditions below. Conditions 1. The home daycare shall be limited to a total of 10 children other than children living in the home. There shall be no more than five children under the age of 2~ in the home at one time. 2. Hours of operation shall be limited to Monday through Friday, 6:30 a.m. to 6:00 p.m. 3. One parking space shall be kept open in the driveway for parents dropping off and picking up their children. 4. No more than one person other than a relative residing in the home shall be employed by the home daycare. 5. No signs advertising the home daycare shall be permitted on the lot or buildings on the lot at any time. . The applicant shall maintain a family day home license with the Commonwealth of Virginia. Failure to maintain a family day home license shall result in revocation of the Conditional Use Permit for the family day care home. 7. The applicant shall obtain a Certificate of Occupancy from the Building Official for the home daycare/residential use. LI'L ONES HOME DAY CARE Agenda Item..# 5 Page. 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval See Section 220(g) of the City Zoning Ordinance for further information. LI'L ONES HOME.DAY'CARE Agenda Item # 5 Page _5 Supplemental Information'S' Ma~ D-II Not to Scale R-7o Li'l Ones Home Zoning History P-I CUP-Family Care Home (home day care) I # I DATE I REQUEST ]ACTION 1 12-3-96 Conditional Use Permit (home daycare-up to 11 children) Granted 2 2-6-84 Rezoning (R-5 Residential to A-1 Apartment) Granted 3 8-15-83 Rezoning (R-5 Residential to R-8 Residential) Granted In addition to #1 listed above, several Conditional Use Permits for home daycare centers have been approved in the City in recent years: · December 15, 1992, Kings Point Road, up to nine children · October 28, 1997, North Piping Rock Road, up to 12 children · August 13, 2002, Forest Glen Road, up to eight children · August 13, 2002, Blue Knob Road, up to 10 children LI'L ONES HOME DAY CARE Agenda Item.'# 5 Page 6 · January 28, 2003, Dubois Place, up to 10 children ° September 23, 2003, Sandy Point Key, up to 10 children Public A ency Comments Public Works Master Transportation Plan (MTP): Lyndora Road is a two lane undivided local residential road. This road is not designated in the MTP nor are there any projects listed to improve this road in the current adopted Capital Improvement Plan. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use z - 30 ADT Lyndora Not 6,200 - 9,900 Road available ADT ~ Proposed Land Use 3_ 52 ADT ' Average Daily Tdps 2 as defined by townhouse plus five children 3 as defined by townhouse plus ten children Public Safety I police: I No comments. Fire and Rescue: No more than five children under the age of 2 ~ are permitted; any more than five would qualify as an institutional use group per the Uniform Statewide Building Code. A Fire Department inspection will be required in order to obtain a license from Social Services. LI'L ONES HO:ME DAY CARE Agenda Item# 5 Page. 7 Exhibits Exhibit A Aerial of Site Location LI'L ONES HO:ME DAY CARE Agenda Item'.# 5 'Page .8 ; ~s TO DE~,~RE THAT t, O~ APRIL ~?, ~00~ SUR~D ~E PROPER~ ~0~ ~ND ~AT ~ ~ UNES AND PH~CAL tUPRO~ENTS ARE AS ~0~ HEREON. tHMEN~ OR ~BLE EAS~ENTS EXCEPT AS ~0~ HEREON. PR~ER~ SHO~ HERE~ APPE~S TO UE ~IN Z~E A ('AREA OF IOO-~AR 'ASE ~0~ E~VAn~S ~D ~0~ HAZA~ FACTORS NOT DE~M~EO.*) AND Z~E R AREAS] ('AREAS D~MW~ TO BE ~ 5~ ~AR ~PLAIN. '~ ACCEDING ~EMA - N~P ~MUNI~ PAN~ NUMB~ 51~31-~46~ DA~ ~2/05/96. ;TERMINA~ IS BA~D ON ~E ~0~ tN~RAN~ RA~ MAPS ~D O~S NOT IMPLY ~S PR~ ~ ~ ~ NOT BE ~EE ~ ~NG ~ DAMA~. C~TACT ~E '~MUNi~ ~0~ ~ TO C~RRM ~E ABO~ i~MA~. ~ ~ WAS SCALD ~OM ~E.M,A. ~ M~S ~D AC~RACY IS NOT R~NG AND ~, /NC. IS NOT A P~ tN DE~R~NING ~E RETIREMENTS ~SURAN~ ~ ~E PR~ER~ ~0~ E~S~NCE ~: HAZArdS WASPS, ~TA~ ~DS, OR ~DAL ~S WAS IH~S~GA~D N~ C~RRM~ DURING ~E P~F~MAN~ ~ ~lS SURLY. OF ~E PROPER~ ~0~ H~E~ WAS P~F~MED ~T B~RT ~ A ~RR~T =OR~ ~O C~SE~Y MAY NOT OEPICT ~ MA~RS A~C~NG ~E PR~ER~ iERE~'. ~ ~0~ HERE~ ARE 72' ~ U~ O~SE NO~. .. ; (c), A · W~g ~d ~, I~ ~ r~te ~ R~c~ ~out wdtt~ ¢~t of the land ~, ~ eEARING ,, I DISTANCE NO3'16'12"W J 20.00" S51 "55'29'E / 30.29' Exhibit B Existing Site Layout PHYSICAL* SURVEY OF' LOT 3, BLOCK H SUBDIVISION OF )SEMONT FOREST $OU SECTION NINE VIRGINIA BEACH, VIRGINIA APRIL 17. 2001 SCALE: 1'=25' EXCLUSIVELY FOR 15' MAIN EASEMENT ZONE ZONE DEMARCA~ONUNE ZONE [OT~ER LOT 2 LOT 4 531.13' TO E~SUOND STREET L YNDORA A VENUE (50' RIGHT OF' WAY,) ...... · :, LI'L ONES HOME,.DAY'CARE Agenda Item'# 5 Page ~9 ~ 131: ~' ~ 'I~ ' Exhibit C c~ u-) Existing Site ~ ~ ~ Layout (DETAIL) EDGE OF WATER 0.6'~ 531, I3' TO ESMOND STREET ZONE A OOD i ZONE DEMARCATtON LINE ZONE X [O~H£R ~R£~S] LOT 4. LYNDORA A VENUE {50' RIGHT OF WAY)., LI'L ONES HOME DAY'CARE Agenda Item:.# 5 .Page'.l.0 Exhibit D Disclosure Statement O~ .".~_ Bo 'ii' '*-0 '"1 LI'L ONES HOME.. DAY CARE Agenda Item:# 5 Page.11 Item//5 Li'l Ones Home Day Care Conditional Use Permit 2038 Lyndora Road District 1 Centerville January 14, 2004 REGULAR Robert Miller: The next item is Item #5, Li'l Ones Home Day Care. Annabelle Launder: Hello. My name is Annabelle Launder and I'm the owner of the daycare business. I have read all the conditions in here and I do agree with them. Ronald Ripley: This item is being heard. So the purpose of this is for you to explain what your business will be about and how many children will be there. How it is conducted? I think the concerns that were expressed were the concerns about the number of children and the safety close to the lake and those types of things. The purpose of this is to give you an opportunity to kind of talk about this so the Commission can also talk to you about it also. So, if you don't mind, take a minute and just kind of walk us through what this application is all about. Annabelle Launder: Okay. It's a home day care business. I have a state license for up to nine kids right now. I have a business license for up to five kids. I have more than five kids there but they are not there at the same time. Some of the parents have different schedules so they work mornings or afternoons. Some of them are in and some of them are out. So, they just come and go. My hours of operation are Monday- Friday, 6:30 a.m. until 6:00 p.m. Drop off'and pick up times are still different times. I have a driveway for two cars and I always have one spot available for when the parents come to drop off and pick up. I also collect plenty of signatures through all my neighbors next door and across the street, pretty much the entire block. I haven't had any concerns or problems whatsoever so far. So some of my kids belong to the neighborhood. Some of them are probably a five-minute ride. Ronald Ripley: Okay. Annabelle Launder: Okay. Ronald Ripley: Are there any questions of the applicant? Yes, Dot? Dorothy Wood: Yes ma'am. I had a question about the backyard. Could you please go back to that slide? It doesn't look like that fence is very secure. Is there a reason that it goes down? Annabelle Launder: That specific picture was taken right after the hurricane and the tree fell down. Dorothy Wood: I don't mean the tree. Annabelle Launder: It hurt a little bit the fence. So that's been fixed. You're referring to the gaps? Is that what you're talking about? Dorothy Wood: No ma'am. I'm talking about the height of the fence in the back on the lake. Annabelle Launder: That's like five feet. It pretty much goes up to my neck, I would say. Dorothy Wood: And the gate? I was concerned about the gate. Annabelle Wood: The gate is locked all the time. What other concern do you have? Dorothy Wood: That was my main concern. Annabelle Launder: Okay. The gate is locked all the time. There is one adult that stays with the kids all the time when they're playing in the backyard. They're never unattended. Dorothy Wood: How many children do you have there now? Annabelle Launder: Right now? Dorothy Wood: Yes. Annabelle Launder: I have up to eight kids right now. But sometimes it is like five or four. Sometimes they are three. It depends on when they come and go. They are not there all the time. Dorothy Wood: You never have any on weekends? Annabelle Launder: No. I don't have any on weekends. I don't work on weekends. I have one child's mothers working with me when I need her so she is kind of my assistant. I have someone helping out there all the time. Dorothy Wood: All the time or when you need her? Annabelle Launder: She comes three or four times a week. It all depends on the hours when I need her. If I have two or three kids I don't need her. She would come when I have most of the kids. Dorothy Wood: Thank you. Ronald Ripley: Kathy Katsias. Kathy Katsias: You're license by the State for nine children? Annabelle Launder: By the Planning Council. Kathy Katsias: So, do you have to go back for anything additional now that you're requesting ten children? Are you required to go back and get recertified or whatever needs to be done by the State? Annabelle Launder: No. Kathy Katsias: I thought I heard you say that the State has authorized nine children. Annabelle Launder: Nine children. They're extending my license up to 12 kids. Kathy Katsias: Oh they are. I'm sorry. Annabelle Launder: Yes. Kathy Katsias: Is there any reason why the height of the rear part of the fence is lower than the side? Would you object to increasing the height of the fence? Annabelle Launder: If I have to do it, I'll do it. We bought the house and it was like that. Kathy Katsias: And the lock is on the inside or the outside? Annabelle Launder: It's on the inside. Kathy Katsias: It would probably be safer if it were on the outside so children wouldn't play with the lock. Annabelle Launder: The outside? Okay. That is something that can be fixed real easy. If I need to fix the height I would do it if I have to. I have no problem with that. Ronald Ripley: Mr. Miller has a question. Robert Miller: You said you have eight children right now that you take care at various times but no more than five at a time obviously. What ages are they approximately? Annabelle Launder: I have after school kids, which is like six or seven. I have one four years old. I have two little babies. One is two months old and the other one is six. I have three and two years old. I have different ages. Robert Miller: So, if you have different age groups then they have different needs. Obviously the baby has different needs and the older children would have other needs. That would be the time you would have your assistant there to help out? Annabelle Launder: Yes. She's available anytime I need her. Robert Miller: And the children that are playing in the backyard I would assume are not the babies. Annabelle Launder: No. The babies stay pretty much inside. Right now, nobody is playing outside. The weather is not good for that. So, it's pretty much during the summertime when it's not cold outside. Right now, they don't go outside. Robert Miller: We don't do this and the point that Kathy was making about the State, do they inspect your facility on a regular basis? Annabelle Launder: Yes. I am subjected to three or four unannounced visits during the year. I get three or four announced visits. They are coming pretty often. I had. an inspection done before they gave me the license. They have been watching all the steps that I've been going through. Robert Miller: I think the idea of putting the lock outside the gate in addition to perhaps the one that is inside the gate certainly guarantees that someone can not reach over and do something to unlock that gate. It's a beautiful view. I would hate to see a higher fence so you can't see out there. Annabelle Launder: I can tell you that the kids don't even reach there. They would have to climb on something to reach it. They won't do that. We are outside with them when they're outside and watching them. They are never alone. Robert Miller: Thank you. Ronald Ripley: Are there any other comments? Joe? Joseph Strange: Does the Association prevent you from building that fence higher back there? A lot of times when you have a fence on a lake they won't allow it to be higher. Annabelle Launder: No. I've never had anybody say anything before. If it's a problem I can fix it. Ronald Ripley: There are two things that I sense from the Commission that they're concerned about. First of all is encouraging and seeing this type of use in neighborhoods is a good thing because there's a real need for it. Normally it is in a single family home and there seems to be more space for the driveways and for people to come and go. Annabelle Launder: There's never traffic. Ronald Ripley: Well, my point is that you're in a townhouse sort of in the middle of the townhouses and we were concerned number one about that type of congestion and if the neighborhood had a problem with it. It looks like you have a petition here that seems to say that's not a problem. The other thing is the fence. The fence was probably built like that to take advantage of the view. I don't think the building was built with the intent to be a daycare. Annabelle Launder: Probably not. Ronald Ripley: We now have a little different situation. It looks like you have a shed there. Does that block part of that? Is the shed backed up to the fence? Is that a shed to the left? Annabelle Launder: Yes. Ronald Ripley: How far does that go over the sideline? Does it adjoin? Annabelle Launder: That is like half of the shed. It's just a little bit longer. Ronald Ripley: Does it abut up? Annabelle Launder: It's like 700 square feet or so. Ronald Ripley: Does it abut to the other fence on the left side? Annabelle Launder: Yes. Can I go show you on the screen? Ronald Ripley: Yeah, sure. Actually ma'am, can you come back here please? You got a pointer and we need you to speak into the mic. Annabelle Launder: Oh, I'm sorry. Ronald Ripley: See this little thing right here, the little black box. Annabelle Launder: This here? Ronald Ripley: Just pick it up. Push the button and point it over there. Annabelle Launder: I don't know how to use this thing. Ronald Ripley: They don't let us use them either. There we go. Annabelle Launder: If you see in here and compare it to this side of the fence it's pretty much the same size as this one. Ronald Ripley: So, it sits in the middle. Annabelle Launder: No. It's next to this area in here so it's next to the fence. Robert Miller: It's not open. Ronald Ripley: It's not open? Annabelle Launder: It's not open. Ronald Ripley: The only opening that you have is like the area right there where the pointer is? Annabelle Launder: Yes. This fence is the same level as this fence. The fence on this side is the same level as this side. Ronald Ripley: If somehow we could raise the fence there. Annabelle Launder: This side? Ronald Ripley: Yeah. I would feel better about it because you got children back there and there is potential. My children when they were small, I know we were real sensitive to making sure that the fences were in place. Annabelle Launder: That's fine. Ronald Ripley: You have a commercial operation. Annabelle Launder: That is something that could be done. I wouldn't have any problem. Ronald Ripley: Yes, Gene? Eugene Crabtree: One other thing talking about the fence to the gaps in between the fence in the back. Children have a habit of trying to stick their heads through things with the gaps them. Annabelle Launder: They're not that wide. They don't fit through there. Eugene Crabtree: I was going to say are they close enough to prevent the child from trying to squeeze through the gaps there or is there some way you can close those to prevent that possibility from happening? Annabelle Launder: I will just have to replace the fence. That's easier. Ronald Ripley: I think so too. Eugene Crabtree: Okay. Ronald Ripley: Gene, I mean Jan, I'm sorry. Janice Anderson: You changing my name? I know that there is concern and I'm not saying that it's not valid but I don't have a big concern with the fence. I like it being open. You're not going to be in a big tunnel box. She says that there will be someone out there with the children at all times. I don't think that slots are big enough. I think the recommendation with double locking the gate might be a good recommendation. She has been certified by the State and the State is coming out there and whether there is a safety issue I think the State would pick up on. They're in the business of looking at daycares and what's adequate for our children in Virginia and Virginia Beach. That is what their task is and if they cited her to make a change over it then I don't have a concern on that part especially that the children will be supervised out there. Annabelle Launder: I'm sorry. The only concern they had when they came over was to keep the shed locked and that is what I did. Janice Anderson: There are tons of hazards. If you could come up with something that a child couldn't get into, anywhere, that could be safe but if its not supervised. The main thing is that the children will be supervised when they are out there. Annabelle Launder: They are all the time. Ronald Ripley: Was that a motion? Janice Anderson: Yes. That was a motion to approve it as presented without a condition to change the fence. Robert Miller: I'll second it. Ronald Ripley: We have a motion by Jan Anderson to approve and a second by Bob Miller. Is there any further discussion? I think the applicant has heard their concerns and obviously your running a business that seems to be nmning well and you want to expand it. We're concerned about the safety and so if you'll take that into consideration. Annabelle Launder: I understand. Ronald Ripley: That's critical to us. Yes. Dot Wood? Dorothy Wood: I know that I'm the only one that always has a concern about having children in a home daycare. I know that you're really trying to do a service but I can't support it because I think there are too many children. I often think of how I would feel if I lived next door with ten children in my backyard. Annabelle Launder: As I said before, they're not there all the time. They are not there at the same time. Dorothy Wood: Thank you. Annabelle Launder: I never have ten children there. I have it in my paperwork but they are just not there from 6:00 - 6:00 all the time. Ronald Ripley: Okay. Thank you very much. Annabelle Launder: Thank you. Ronald Ripley: Is there any other discussion? Yes, Kathy? Kathy Katsias: Can you clarify this now? Is she going to increase the height of the fence? Ronald Ripley: That is not the motion. The motion as read is the conditions as in the agenda. Is there any further discussion? Kathy Katsias: I think the application, if she increases the rear fence and put the lock on the outside I would be in support. As is, I can't support it. Ronald Ripley: Do you want to make an amendment to the motion, a substitute motion? Kathy Katsias: I would like to make a substitute motion to add one more condition that the rear fence be increased to six feet. Ronald Ripley: We got a substitute motion to increase the fence to six feet. Kathy Katsias: And have the lock on the outside. Annabelle Launder: How about the gaps? Do you need the fence on the side fixed? Kathy Katsias: It probably would be nice to make it all uniform but I don't think there is a problem with the slots, just making it a little bit higher. Ronald Ripley: We have a substitute motion. Do we have a second? Do we have a second to the substitute? Eugene Crabtree: I'll second it. Ronald Ripley: We got a second by Gene Crabtree: There is no discussion on the substitute so we just vote? We're ready to vote. Kay Wilson: We're voting on the substitute motion. Ronald Ripley: On the substitute motion. AYE 6 NAY 3 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY KATSIAS AYE KNIGHT MILLER RIPLEY AYE STRANGE AYE WOOD NAY NAY NAY ABSENT Ronald Ripley: By a vote of 6-3, the motion carries. So the fence needs to be added. Now do we vote on the primary motion? Kay Wilson: You don't need too. Ronald Ripley: We don't need too? Okay. Your application is approved but we've added a fence to the back of the property. Annabelle Launder: Okay. Ronald Ripley: If you get with staff they'll work with you on the type of fence and everything. Annabelle Launder: Okay. Ronald Ripley: Thank you. December 2, 2003 it off until another day only to keep deferring these issues. This issue makes sense. It really does. I believe the other application made sense and there are a few others that I have announced that I am going to defer that makes sense as well. But, I believe that it is prudent. Some may call it political -- I really hate to characterize my actions that way, but it is what it is -- that we take our time and show good faith that we are going to express our concerns all the way up the Chain of Command and show them the ridiculous nature of which they are now wanting us to work under. So, it is not my intention to continue to delay these items. I apologize. I may not be fulfilling all my obligations to this Applicant. That is not my intent, but I believe that this has to be seen in its totality with the other applications. MAYOR OBERNDORF: the question? We have a motion and a second on the floor to defer this for 60 days. Are we ready for CITY CLERK: By a vote of 10 to 0 you have deferred for 60 days the Application of Home Associates of Virginia, Incorporated. piece of land. December 2, 2003 I just have to look at the bigger picture and make a statement that, you know, I'm willing to wait 60 days. No matter how much it makes sense I apologize, but I must move for a 60-day deferral of this Application. COUNCILMAN MADDOX: Second. MAYOR OBERNDORF: There is a motion and a second for a 60-day deferral. Mr. Schmidt. COUNCILMAN $CHMIDT: Thank you, Madam Mayor. I'd offer this, Mr. Arnold. I concur with you. I don't believe we are going to get this thing answered in 60 days, but I do believe that we will get some measure of clarification, but I know land use studies takes longer than that. But I would hope that we would get a sense that our plea, if you will, our concerns are not falling on deaf ears. I think we are certainly ready to engage this Application, but I trust that we will work collaboratively and get some feel that these kind of Applications make perfect sense. MAYOR OBERNDORF: Mr. Reeve. COUNCILMAN REEVE: If I could just add to that. I know that Mr. Arnold and many others have been dealing with the Application and Mr. Arnold is probably the -- he has used the term worst case example of the unknown guidelines that he was asked to work under in the Transition Area and then we was continually being delayed. It would go to the last vote and be deferred again. Go through the process and change his plans to accommodate someone's wishes and at the last minute defer it again. I appreciate not only the frustration, but the cost that bears on the proposed development and the cost that he has to bear. It is not my intent to dissolve my responsibilities tonight and put December 2, 2003 This Application makes total sense. We have a small piece of agricultural land in the midst of a sea of residential next to an elementary school that has been there going on over a decade. But, there is a bigger issue and whether or not we put a few houses on this area once again isn't going to be the straw that breaks the camel's back. I think the hundred-thousand-plus households already in the noise zone is. And, maybe in 60 days we cannot get a clear answer from the "powers to be" I'm a bit of an idealist and I believe that this Council will take it seriously aggressively and take it to our Congressional Delegation and take it to the Department of Defense and show them the actual implications of this change of directive in that we may get a better understanding from them or us expressing to them of the stupidity of this not being a reasonable use of this piece of land. That if this is incompatible, then we might as well shut down the entire City and allow bombing to happen off our coast, because no housing is compatible if this is not compatible. But, I said I'm going to unilaterally ask for a deferral for 60 days for any application in my District to allow this Council to be proactive and be more diligent in our attempt to work with the Delegation and work with the Department of Defense to try to express to them the implications and reality of something just like this. I greatly respect Mr. Arnold. He and I have worked together quite closely with TATAC. I found him to be an honorable, responsible member of our community and one that is in the process of developing land. I know that he does a quality project and I am very much looking forward to the Heritage Park that he will be developing soon. But, at this time I don't believe that we should vote it up or down. It's just like in the Transition Area we took our time. We developed guidelines. We got citizen input. We got citizen consensus and we've been able to defuse a lot of the criticism and criticizing that has been hampering this section of the City for many years. It has now been greatly diffused, because I believe we put a clear, concise vision together that has managed growth plans that made sense for that area. As much sense as these houses make for this one December 2, 2003 The situation that we have right now with a small piece of residential -- completely surrounded by residential, baits the question. When we come up here to ask for a rezoning, it is our face that you see. When we come over to talk to you folks, it's our face you see. We represent other residents of the City. In this particular case, three residents of the City that we've assembled. It's very difficult to go back to them and say this is the kind of thing that's going on, whether we agree or disagree. The only reason I came up to speak is that -- with all due respect, Councilman Reeve, there is no way in the world do I believe that in 60 days that you can get an answer on this complex subject. It has been addressed with our Comprehensive Plan. Our Comprehensive Plan does address a lot of those issues. That's why you see all the industrial that's around that. It's addressed every time somebody brings a rezoning up here. So, I would respectfully suggest that -- I understand why we may want to do that politically. We have such honorable men that come up here and suggest us take a look at that. There's all this "ric-rac" talk. I don't think anybody was under any "guys" that CCAJN was here tonight with their sheep skin rather than their wolf skin on. I've been at those meetings with those guys. So, I do have a responsibility also to these other people and I guess what I respectfully suggest is that you vote on it. If you have to vote it down because of you're conscience, I would suggest that we do that. I would appreciate that. Thank you. CITY CLERK: I think the others have left. MAYOR OBERNDORF: Why don't you just call the other two names so it will be on the record. CITY CLERK: Ail right. John Schick and Kim Johnson. MAYOR OBERNDORF: Thank you. Mr. Reeve. COUNCILMAN REEVE: Thank you, Madam Mayor. December 2, 2003 You will see a cul-de-sac added to an existing residential street with a series of lots consistent with the lots in the community. The other thing I would point out is that on the comprehensive map of the property surrounding, in addition to the elementary school, there are multi-family residential units located on Upton Drive in close proximity to the property across Dam Neck Road. The Atlantic Shores Retirement community exists and there is zoning in place for 560 multi-family residential units on property owned by Mr. McClesky. The property is essentially surrounded by residential development and an elementary school. The property is currently under our AICUZ Map, the 1999 projected AICUZ Map, in the 70 to 74 LBN noise zone, conditionally compatible residential use up until the unilateral change. Once again based on the Base Operations Map from the Year 2000, used by the Department of Defense and supporting the bringing of the boards here, this property is no longer in a 65 to 74 LBN. It is outside. The land use that is proposed is the only reasonable land use for this piece of property. I do not believe that the City of Virginia Beach will be moving Ocean Lakes Elementary School or probably any other elementary schools in the future, unless they are in a crash zone, which this is not. Again, this Application should be approved. We would respectfully request your approval. I do know my client would like to speak also. Thank you very much. CITY CLERK: Mr. Arnold. JIM ARNOLD: Madam Mayor and Members of Council, I'm Jim Arnold. I didn't prepare anything, because I didn't plan to speak tonight. I have gone out to speak at all the FA-18 Open Sessions, wanting all ten squadrons to come here, not eight. We certainly endorse that and I actively endorse that. MAYOR OBERNDORF: December 2, 2003 Number 6. Mrs. Smith. CITY CLERK: This is the Application of Home Associates of Virginia, Incorporated, for a Change of Zoning from AG-2 and R-10 to Conditional R-7.5, in the Princess Anne District. Mr. Bourdon is representing the Applicant and the Applicant has already registered to speak. MAYOR OBERNDORF: Mr. Reeve. COUNCILMAN REEVE: Madam Mayor, if I could ask the Applicant and Mr. Bourdon, with the discussions we have already had tonight, I respect your request on this, but knowing that I'm going to unilaterally ask for a deferral for the full 60 days of the Application, would you amenable to that deferral or do you want to proceed with the Application? EDDIE BOURDON: on this Application. My client and I would both like to be heard and then you can take action as you see fit COUNCILMAN REEVE: Yes, sir. Thank you. EDDIE BOURDON: This is an Application for a Conditional Rezoning for a little over five acres of land. It is an assemblage of three separate small parcels of land, all of which are zoned agriculture even though by their size and their location agriculture is not an appropriate zoning for the property. The property is located on Old Dam Neck Road and Upton Drive, adjacent to the Ocean Lakes Elementary School and adjacent to the Pinehurst Estates Subdivision. In accordance with your Comprehensive Plan, we have a Conditional Rezoning Application, which meets the requirements of the Comprehensive Plan, that is consistent with the development that surrounds it and recommended for approval by your planning staff, recommended approval unanimously by your Planning Commission and no one spoke in opposition at the Planning Commission. - 35 - Item V-J. 6. PLANNING ITEM # 519 72 Attorney R. Edward Bourdon, Pembroke One Building, 5ta Floor, Phone: 499-8971, represented the applicant Jim Arnhold, 1612, Centervlle Turnpike #3007, the applicant Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council DEFERRED Sixty (60) days until the City Council Session of February 10, 2004, Ordinance upon application of HOME AS$OCIATE$ OF VIRGINIA, INC.: ORDINANCE UPON APPLICATION OF HOME ASSOCIATES OF VIRGINIA, INC. FOR A CHANGE OF ZONING DISTRICT CLA SSIFICA TION FR OMA G- 2 AND R- 10 TO CONDITIONAL R- 7. 5 Ordinance upon Application of Home Associates of Virginia, Inc. for a Change of Zoning District Classification from AG-2 Agricultural District and R- 10 Residential District to Conditional R- 7. 5 Residential District on property located at 960, 964 and 966 Old Dam Neck Road (GPINs 24156491440000; 24157424560000; 24157415220000). The Comprehensive Plan recommends use of this site for residential uses above 3.5 dwelling units per acre. DISTRICT 7 - PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva · o' December 2, 2003 Virginia Beach City Council December 2, 2003 9:12 p.m. CITY COUNCIL: Meyera E. Oberndorf, Mayor Vice Mayor R. Jones Harry E. Diezel Margaret L. Eure Reba S. McClanan Richard Maddox Jim Reeve Peter W. Schmidt Ron Villanueva Rosemary Wilson James L. Wood At-Large Bayside - District 4 Kempsville - District 2 Centerville District ! Rose Hall - District 3 Beach - District 6 Princess Anne - District 7 At-Large At-Large At-Large Lynnhaven - District 5 CITY MANAGER: CITY ATTOR/FEY: CITY CLERK: STENOGRAPHIC REPORTER: James K. Spore Leslie L. Lilley Ruth Hodges Smith, MMC Dawne Franklin Meads VERBATIM Application of Home Associates of Virginia, Incorporated Map L-lO Home Associates o.f Virginia, Inc. _ ~A~ ........... ~1;~-~---- ...... . .... ~" Conditional Zoning Change from AG-2 to R-SD ZONING HISTORY 1. 11114195- REZONING from AG-2 Agricultural to Conditional A-12 Apartment District - Approved 2. 3119184- REZONING from AG-2 Agricultural to R-9 Residential District- Withdrawn 3. 1128185- REZONING from AG-2 Agricultural to R-5 Residential District- Approved 4. 6/27195 - SUBDIVISION VARIANCE - Approved 5. 8~20~84- REZONING from AG-2 Agricultural to R-8 Residential District- Approved CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Home Associates of Virginia, Inc.- Change of Zoning District Classification (AG-2 Agricultural District to Conditional R-7.5 Residential District) MEETING DATE: February 10, 2004 · Background: An Ordinance upon Application of Home Associates of Virginia, Inc. for a Chan.qe of Zoninq District Classification from AG-2 Agricultural District to Conditional R-7.5 Residential District on property located at 960, 964 and 966 Old Dam Neck Road (GPINs 24156491440000; 24157424560000; 24157415220000). The Comprehensive Plan recommends use of this site for residential uses above 3.5 dwelling units per acre. DISTRICT 7 - PRINCESS ANNE The City Council indefinitely deferred this matter on October 28, 2003 and December 2, 2003. Under the provisions of the Interim Guidelines Governing Applications for Development in Air Installations Compatible Use Zones (AICUZ), as reviewed with the City Council, on February 3, 2004, this request, since it was submitted prior to February 3, 2004, is to be considered by the City Council and decided on the merits of the application. Considerations: The property consists of three separate lots and is zoned AG-2 Agriculture. The westernmost lot has one house located on it. There are at least five small houses on the two eastern lots. The houses were established on the eastern side of the site over thirty years ago for farm workers, when the surrounding area was a farm. The houses on the eastern lots are now considered non-conforming uses. The applicant is proposing to remove all of the existing structures on the subject site and to rezone and subdivide the 5.06-acre property for seventeen (17) single-family home sites, resulting in a density of 3.3 units per acre. The applicant's plan has many features that will help to reinforce the positive characteristics of the existing neighborhoods to the south and east of the site. The majority of the proposed lots will be between 8,000 and 10,000 square feet in size. New homes do not back up to the main roadway, Old Dam Neck Road; instead, there is an open space and stormwater management area serving as a roadside buffer. The new street serving the proposed subdivision will connect to an existing neighborhood street. Some of the trees on the site will be preserved Home Associates Page 2 of 2 in a 15 foot wooded buffer that will provide some continuity in the landscape for the existing homes in Pinehurst Estates that have backed up to this wooded area for over 15 years. Two very large oak trees located in the northwestern corner of the stormwater management green area will also be preserved. The proposed subdivision meets the Comprehensive Plan objectives for healthy neighborhoods and the density requested is in keeping with the Comprehensive Plan recommendations. The Planning Commission placed this item on the consent agenda because the proposal is consistent with the recommendations of the Comprehensive Plan and the development will enhance the area. Staff recommended approval. 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 Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agen,cy: Planning Department~ City Manager:~'~ ~-- ~~~~) ~ ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 5.06 acres STAFF PLANNER: Barbara J. Duke PURPOSE' To develop seventeen single-family homes Major Issues: · Degree to which the proposal meets Comprehensive Plan objectives Land Use, Zoning, and Site Characteristics: Existin,q Land Use and Zonin,q The property consists of three separate · lots and is zoned AG-2 Agriculture. The westernmost lot has one house located on it. There are at least five small houses on the two eastern lots. The houses were established on the eastern side of the site over thirty years ago for farm workers, when the surrounding area was an operating farm. The houses on the eastern lots are now considered non-conforming uses. Surrounding Land Use and Zonin,q North: South: East: West: · Ocean Lake Elementary School/R-10 Residential District · Single-family homes / R-5D Residential District · Single-family homes / R-10 Residential District · Single-family home and vacant property / AG-2 Agricultural District Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA I # 1 Page 2 HOME ASSOCIATES OF VA/# 1 September 10, 2003 General Information: APPLICATION NUMBER: L10-213-CRZ-2003 REQUEST: Change of Zoninq District Classification from AG-2 Agricultural District to Conditional R-7.5 Residential District, ADDRESS' Property located at 960, 964, and 966 Old Dam Neck Road ~ ~o Home ~lssociates o h4~ Not ~,o Sco].e Conditional Zoning Change from AG-2 to R-SD GPIN' 24156491440000; 24157424560000; 24157415220000 Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA I # 1 Page 1 Zoning and Land Use Statistics With Existing Zoning: The non-conforming structures on the site cannot be improved or replaced without City Council approval. If the non-conforming structures were removed, the property could be developed into two new single-family home sites. With Proposed Zoning: Seventeen single-family homes developed in accordance with the proposed proffer agreement. Zonin_~ History The residential neighborhoods to the south and east of this site were developed during the 1980s. There is a condominium development west of Upton Drive that was mom recently rezoned in 1995. Air Installation Compatible Use Zone (AICUZ) The site is in an AICUZ of 70'to 75dB Ldn surrounding NAS Oceana. The Navy has reviewed this proposal and does not support the requested rezoning. A copy of a letter noting the Navy's position on this rezoning is provided at the end of this report. Public Facilities and Services Water and Sewer This site must connect to City water and sewer service. Them is a 12-inch water main in Old Dam Neck Road. Them is a 16-inch gravity sanitary sewer main in Old Dam Neck Road. Sewer and pump station analysis for Pump Station 603 is required to determine if flows can be accommodated. Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA ! # 1 Page 3 Transportation Master Transportation Plan (MTP) / Capital Improvement Program (ClP): There are no planned roadway projects or other capital improvement projects in the immediate area surrounding this proposal. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity No Count Existing Land Use z_ 20 Old Dam Neck Road 13,600 ADT Available Proposed Land Use 3_ 170 Average Daily Trips 2 as defined by two single-family homes 3 as defined by seventeen single-family homes Schools School Current Capacity Generation ~ Change 2 Enrollment Ocean Lakes 643 846 5 5 Elementary Corporate Landing 1,727 2,115 3 3 Middle Ocean Lakes 2,241 2,273 3 3 Senior High 1 "generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). Public Safety Police: 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 Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA I # 1 Page 4 Fire and Rescue: Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire Department concerns will be addressed during detailed subdivision review and building permit review. Comprehensive Plan The subject site is located in the Courthouse/Sandbridge Planning Area. The Comprehensive Plan Land Use Map identifies this area as appropriate for residential use with a density of 3.5 units to the acre or more. The density on the subject site should be kept close to 3.5 units per acre due to this property's location within the 70-75 dB Ldn noise zone near Naval Air Station Oceana. New residential development in this area should generally try to reinforce rather than change the positive character of our neighborhoods. Summary of Proposal Proposal · The subject site is a consolidation of three separate parcels currently zoned for agriculture. One of these existing parcels does not have frontage on a public street and shares access with the eastern front parcel via a shared driveway off of Old I. ;~ " ". Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA/# 1 Page 5 Dam Neck Road. There are several non-conforming structures on the two eastern parcels of the subject site as well. The applicant is proposing to remove all of the existing structures on the subject site and to rezone and subdivide the 5.06-acre property for seventeen (17) single-family home sites, resulting in a density of 3.3 units per acre. There is a small piece of property on the eastern edge of this site, adjacent to Storm Lake Drive that is not a part of this subdivision. Title to this small piece, which measures 26 feet wide by 187 feet long, is in question. The applicant is in the process of researching the title and intends to pursue purchase of this property and incorporate it into the proposed subdivision. Site Design · The applicant is proposing to develop seventeen (17) single-family homes on lots ranging from 7,500 square feet to 13,861 square feet in size. · One cul-de-sac street is proposed to serve as access to the new lots. · A stormwater management pond has been located along Old Dam Neck Road, separating the home lots from the road. Vehicular and Pedestrian Access The proposed subdivision plan shows one new cul-de-sac street serving the new homes. The new street connects to an existing residential street to the east of the property known as Storm Lake Drive. Storm Lake Drive is the main access road for the neighborhood known as Pinehurst Estates. No access from Old Dam Neck Road is proposed. Architectural Desiqn · The homes that will be constructed will be a mix of one story and two story models. The applicant has proferred an elevation for both types. All homes will contain no less than 2,100 square feet and an attached garage containing no less than 315 square feet. The style and size of the homes proffered is compatible with the surrounding neighborhoods. Landscape and Open Space · The plan shows a stormwater management pond located along the frontage of Old Dam Neck Road. There is some green area around the pond that will remain open and will be dedicated and maintained by a homeowner's association. This will provide a visual, passive open space amenity for the neighborhood. Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA I # 1 Page 6 The Subdivision Ordinance requires that 5 percent of the area on site be dedicated as open space. This equates to 11,020 square feet. The total square footage of the stormwater management pond and green area is 34,657 square feet. At least 15,000 square feet of area is outside of the pond and therefore meets the requirement for open space dedication in accordance with the Subdivision Ordinance. There are two large existing oak trees in the northwest corner of the stormwater management green area that will be preserved. A corner of the open space will front on the subdivision roadway at the entrance to this subdivision, enhancing and defining the entrance. The applicant is attempting to acquire the small piece of property, measuring 26 feet wide by 187 feet long, that is located between the open space area and Storm Lake Drive. If acquired, this area will be incorporated into the development as additional open space. The northern half of the subject site is wooded. The applicant has noted on the proffered site plan that a wooded buffer of at least 15 feet in width will be preserved on lots 3 through 9. There are two existing City neighborhood parks within walking distance of the proposed subdivision. Proffers PROFFER # 1 Staff Evaluation: When the Property is developed, it shall be as a single family residential community of no more than seventeen (17) building lots substantially in conformance with the Exhibit entitled "COLLINGS QUAY, A SINGLE FAMILY SUBDIVISION," dated 5/02/03, prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). This proffer is acceptable. The number of lots shown on the plan is in conformance with the density recommendation set forth in the Comprehensive Plan and the applicant has provided open space in accordance with the Subdivision Ordinance requirements. The size of the lots is compatible with the subdivisions on the north side of Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA/# 1 Page 7 PROFFER# 2 Staff Evaluation: PROFFER # 3 Staff Evaluation: PROFFER # 4 Staff Evaluation: PROFFER # 5 Old Dam Neck Road and east of the subject site. The open space provided at the front of the site will serve as a roadside buffer and visual amenity for the subject property as weft as the surrounding neighborhood. The site plan identifies two significant oak trees at the western edge of the site that will be preserved within the open space area and also identifies that a 51 foot wide buffer of existing trees will be preserved on lots 3 through 9. When the Property is developed, the party of the third part shall install sidewalks within the public right-of-way on both sides of the road as depicted on the Concept Plan. This proffer is acceptable. When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owner's Association. The Deed Restrictions will include Articles providing for Architectural Controls and mandatory assessments for maintenance of community open space. This proffer is acceptable. Although the subdivision contains only 17 lots, the amount of open space that requires maintenance is also small. Staff feels that a reasonable maintenance fee can be established that would not become burdensome to the homeowners. All homes constructed on the lots depicted on the Concept Plan shall have exterior architectural features, design and building materials substantially similar to homes depicted on the drawings labeled "Building Elevations- COLLINGS QUAY" dated 5/02/03, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. This proffer is acceptable and ensures that the new homes constructed will be compatible in style and quality to the surrounding homes. All homes constructed on the lots shall contain no less Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA i # 1 Page 8 Staff Evaluation: PROFFER # 6 Staff Evaluation: than 2100 square feet of enclosed living area excluding garage area and an attached garage containing no less than 315 square feet. This proffer is acceptable and ensures that the new homes constructed will be compatible in size to the surrounding homes. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R- 7.5 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. This proffer states a standard policy and is acceptable. City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated May 23, 2003, and found it to be legally sufficient and in acceptable legal form. Evaluation of Request The request to rezone the subject site from AG-2 Agricultural District to Conditional R- 7.5 Residential District is acceptable. The applicant's plan has many features that will help to reinforce the positive characteristics of the existing neighborhoods to the south and east of the site. The majority of the proposed lots will be between 8,000 and 10,000 square feet in size. New homes do not back up to the main roadway, Old Dam Neck Road; instead, there is an open space and stormwater management area serving as a roadside buffer. The new street serving the proposed subdivision will connect to an existing neighborhood street. Some of the trees on the site will be preserved in a 15 foot wooded buffer that will provide some continuity in the landscape for the existing homes in Pinehurst Estates that have backed up to this wooded area for over 15 years. Two very large oak trees located in the northwestern corner of the stormwater management green area will also be preserved. The proposed subdivision meets the Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA I # 1 Page 9 Comprehensive Plan objectives for healthy neighborhoods and the density requested is in keeping with the Comprehensive Plan recommendations. There is one improvement that the staff feels would make this proposal even better, and that would be to include the two remaining agricultural zoned parcels to the west of this site into this development. Consolidation of parcels is always encouraged for infill development as it results in a more coordinated, higher quality proposal. The applicant noted that he has tried to purchase the parcels, but the owner is unwilling to sell at this time. Staff recommends that the request to rezone the subject site from AG-2 Agricultural District to Conditional R-7.5 Residential District be approved as proffered. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require rew'sion during detailed site plan review to meet all applicable Cit~/ Codes. Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA I # 1 Page 10 DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH, VIRGIN~ 23460-2168 IN REPLY REFER TO: 5726 Set 32/0313 August 4, 2003 Ms. Barbara Duke Municipal Cent.er Department of Planning Building 2, Room. 100 2405 Courthouse Drive Virginia Beach, VA 23456 Dear Ms. Duke: Thank you for the opportunity to comment on the rezoning request for the proposed construction of Co!lings Quay, a single-family subdivision. The site is located in 5he 70-75 decibel (dB) day-night average (Ldn) noise zone. The Navy's Air Installations Compatible Use Zones Program states that residential land use is incompatible in this zone. The Navy acknowledges the landowners' desire to develop their property, but I urge you to deny their request. We would v~.ew residential development at this site as encroachment upon operations at Naval Air Station Oceana. If you have any questions, please contact my Community Planning Liaison Officer, Mr. Ray Firenze at (757) 433-3158. Sincerely and very res' ca~i~ u/s ~ ~avy Comma:~/q~ Officer Copy to: COMNAVREG MIDLANT Mayor Meyera Oberndorf Virginia Beach City Council Virginia Beach Planning Commission Dectful!y, Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA I # 1 Page 11 Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA ! # 1 Page 12 Model 300 II ... r r.rrrrr rrrr~ r~ Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA / # 1 Page 13 Model 301 Optional Brick Elevation Planning Commission Agenda ~~..}"~ September 10, 2003 ~x.~~~.....~. HOME ASSOCIATES OF VA I # 1 ~ Page 14 I,, Planning Commission Agenda ~4~i ~'~.-~ September 10, 2003 ~ ~ HOME ASSOCIATES OF VA/# 1 ~ .... Page 15 ii i Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA/# 1 Page 16 DISCLOSURE STATEMENT ' ~ ~ ~ I i ii ,it,I '11 I iiii ii i iiii ' ill , I .............. Applicant's Name: _j[_._A_,~._~ INC. List All Current ESTATE OF ODELL WRIGHT BY JEFFREY T. TALBERT, Property Owners: ESQUIRE, ANCILLARY ADMINISTRATOR PROPERTY OWNER DISCLOSURE If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) ICI Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. If 'the applicant is not the current owner of the property, complete the Applicant Disclosure section below: APPLICANT DISCLOSURE if the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary) J.%MES H. ARNHOLD, CHAIRMAN; ROBERT L. PRODA_N_,__I_I_,_P_.R_ESID__EN_T_L ....... BRENDA CARUANA, VICE PRESIDENT; MARY L. HEALD~. SECRETARY If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all members or partners in the organization below: (Attach list if necessary) I'-I Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated organization. CERTIFICATION: I certify that the information contained herein is true a~u, rate. B~.~,~ _..-~ _J..AM__.ES M. ~RNI{OLD. CJ~AJ~L__ ..,.t .,,,.,, Subdivision Variance Application Page 9 of 13 Modified: 10.16~2002 Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA I # 1 Page 17 DEPARTMENT OF THE NAVY NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINIA BEACH, VIRGINIA 23460-2168 IN REPLY REFER TO: 5726 Ser 32/0313 August 4, 2003 Ms. Barbara Duke Municipal Center Department of Planning Building 2, Room 100 2405 Courthouse Dri've Virginia Beach, VA 23456 Dear Ms. Duke: Thank you for the opportunity to comment on the rezoning request for the proposed construction of Col!ings Quay, a single-family subdivision. The site is located in the 70-75 decibel (dB) day-night average (Ldn) noise zone. The Navy's Air Installations Compatible Use Zones Program states that residential land use is incompatible in this zone. The Navy acknowledges the landowners' desire to develop their property, but I urge you to deny their request. We would view residential development at this site as encroachment upon operations at Naval Air .Station Oceana. If you have any questions, please contact my Community Planning Liaison Officer, Mr. Ray Firenze at (7'57) 433-3158. Sincerely and very respectfully, CommaCa~i d~ ' Copy to: CO'.~AVREG MIDLANT Mayor Meyera Oberndorf Virginia Beach City Council Virginia Beach Planning Co~mission Planning Commission Agenda September 10, 2003 HOME ASSOCIATES OF VA I # 1 Page 18 Item #1 Home Associates of Virginia, Inc. Change of Zoning District Classification 960, 964, 966 Old Dam Neck Road District 7 Princess Anne September 10, 2003 CONSENT Ronald Ripley: The next order of business is our consent agenda and Vice Chairman Dot Wood will present this. Dot. Dorothy Wood: Thank you Mr. Chairman. This afternoon we have 10 items on the consent agenda. As I call the item will you please step to the podium and tell us whether or not you've read the conditions and whether or not you agree with them. The first item is Item #1, Home Associates of Virginia. It's an Ordinance to Change of Zoning District Classification from AG-2 Agriculture District and R-10 Residential District to Conditional R-7.5 Residential District on Old Dam Neck Road and this in the Princess Anne District and it has six proffers. Mr. Bourdon. Eddie Bourdon: Thank you madam secretary. Eddie Bourdon, for the record and obviously we are in agreement with the proffers that we've submitted and appreciate being on the consent agenda. Dorothy Wood: Thank you sir. Barry, would like to comment on that item? Barry Knight: On this proposed rezoning, the applicant's plan has many features that will help reinforce the positive characteristics of the existing neighborhood to the south and east of the site. The majority of the proposed lots will be between 8,000-10,000 square feet in size. Also some of the trees on the site will be preserved in a fifteen foot wooded buffer and in addition two very large oak trees on the northwest comer of the storm water management green area will also be preserved. The proposed subdivision meets the Comprehensive Plan objectives for healthy neighborhoods and the density request is in keeping with the Comprehensive Plan recommendations. Therefore, we view this as an appropriate use of this property. Dorothy Wood: Thank you. Is there any opposition to Item #1, Home Associates of Virginia? This is an application for a Change of Zoning District? This is in the Princess Anne borough. Hearing none. Mr. Ripley, I would move to approve this consent agenda item number one Home Associates of Virginia with six proffers. Ronald Ripley: We have a motion to approve this consent agenda item. Do I have a second? Seconded by Mr. Will Din. Is there any discussion on the motion? Okay, we'll call for the question. Item # 1 Home Associates of Virginia, Inc. Page 2 AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE SALLE' AYE STRANGE AYE WOOD AYE ABSENT Ronald Ripley: By a vote of 10-0, the motion passes. Item #1 Home Associates of Virginia, Inc. Page 3 ;-©RM NC), P.S. lB City o£ Virginia Beach In Reply Refer To Our File No. DF-5759 DATE: November 20, 2003 TO: Leslie L. Lilley DEPT: City Attorney i FROM: B. Kay Wilson''~~ DEPT: City Attorney Conditional Zoning Application Home Associates of Virginia, Inc., et als The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 2, 2003. I have reviewed the subject proffer agreement, dated May 23, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure PREPARED BY: SYI([$. ~OUP,.DON, AnE~N & LivY. P.C. WESLEY J. BARNES, Executor of the Estate of Mary Henley Barnes, deceased CLIFFORD C. COLLINGS, III and PHILIP A. LIEBMAN HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 23rd day of May, 2003, by and between WESLEY J. BARNES, Executor, Grantor, party of the first part; CLIFFORD C. COLLINGS, III and PHILIP A. LIEBMAN, Grantors, parties of the second part; HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation, party of the third party; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the fourth part. WITNESSETH: WHEREAS, the party of the first part is the owner of one (1) parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.164 acres as more particularly described as Parcel 1 in Exhibit "A' attached hereto and incorporated herein by this reference, which parcel, along with the other parcels referenced herein and described in Exhibit "A' are herein referred to as the "Property"; and WHEREAS, the parties of the second part are the owners of two (2) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.899 acres as more particularly described as Parcels 2 and 3 in Exhibit "A' attached hereto and incorporated herein by this reference, which parcels, along with the other parcel referenced herein and described in Exhibit "A' are herein referred to as the "Property"; and GPIN: 2415-74-1522 2415-64-9144 2415-74-2456 PREPARED BY: S~[S. t~OI~DOI~, WHEREAS, the party of the third part is the contract purchaser of the Property and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-2 Agricultural District to Conditional R-7.5 Residential District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-7.5 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, PREPARED BY: $~l;S. t~OUImON. ~I~ A~N & [gVY. P.e. which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title and which will not be required of the Grantor until the Property is developed: 1. When the Property is developed, it shall be as a single family residential community of no more than seventeen (17) building lots substantially in conformance with the Exhibit entitled "COLLINGS QUAY, A SINGLE FAMILY SUBDIVISION," dated 5/02/03, prepared by Site Improvement Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the Property is developed, the party of the third part shall install sidewalks within the public right-of-way on both sides of the road as depicted on the Concept Plan. 3. When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owner's Association. The Deed Restrictions will include Articles providing for Architectural Controls and mandatory assessments for maintenance of community open space. 4. All homes constructed on the lots depicted on the Concept Plan shall have exterior architectural features, design and building materials substantially similar to homes depicted on the draw/ngs labeled "Building Elevations - COLLINGS QUAY" dated 5/02/03, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 5. All homes constructed on the lots shall contain no less than 2100 square feet of enclosed living area excluding garage area and an attached garage containing no less than 315 square feet. 6. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-7.5 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date PREPARED BY: SYKES, t~OUtlDON. Att[tiN & LEVY. P.C of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and ff not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; PREPARED BY: _~ $~[s. t~Ot~DO~. ~ Altt;I~N & LEVY. P.C (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. PREPARED BY: SYI(E$. I~0Ut~DON. AllEN & [nc?. P.C. WITNESS the following signature and seal: GRANTOR: THE ESTATE OF MARY HENLEY BARNES By :L~?.~.,",~L(~' d- ~,.,~.'uL/~ (SEAL) Wesle~/fJ. Barnes, Executor STATE OF VIRGINIA, / · , CITY/COUNTY OF ~ The foregoing instrument was acknowledged before me this ~', day of ¥'~'"~t3~'"\_, 2003, by Wesley J. Barnes, Executor of The Estate of M~--y Henley Barnes. ~ . Notary Public My Commission Expires: PREPARED BY: []SYKE§. t~OURDON. AttmN & LEVY. P.e. WITNESS the following signature and seal: GRANTOR: · ~ .>~' , ~ ......... ~>~ ~-~ ,~ ~_.r (SEAL) Clifford ~'~ ColOnes STATE OF VIRGINIA CITY/COUNTY OF V!?.G!_NTA REACH , to-wit: The foregoing instrument was acknowledged before me this30 TH day of _HaY , 2003, by Clifford C.. Coilings., by Ph±l±p A. L±ebman, his agent and attorney in fact. My Commission Expires: January 31, 2004 PREPARED BY: MS~[S. POU~DON. AltmN R [DRY. RC. WITNESS the following signature and seal: GRANTOR: Phillip A. Liebman (SEAL) STATE OF VIRGINIA CITY/COUNTY OF VIRGINIA BEACH , to-wit: The foregoing instrument was acknowledged before me this 30th day of May, 2003, by Phillip A. Liebman. Notary My Commission Expires: January 31, 200/, PREPARED BY: RSYI([S. ROURDON. Att[tiN & LEVY. P.C WITNESS the following signature and seal: GRANTOR: HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation By: man (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this Z~ day of May, 2003, by James M. Arnhold, Chairman of Home Associates of Virginia, Inc., a Virginia corporation. ~~ My Commission Expires: 5'51'D~ PREPARED BY: §YK[g. tlOURDON. AttEI/N & [Bar. p.e. EXHIBIT "A" PARCEL 1: ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto, situate, lying and being in the Princess Anne District of the City of Virginia Beach, Virginia, and being more particularly designated as tract "Parcel 5, 2.164 AC." on that certain plat entitled, "Survey of Property of Mary H. Barnes, D.B. 653 P. 397 Princess Anne Borough Virginia Beach, Va.", which said plat is duly recorded in the aforesaid Clerk's Office in Map Book 170, at Page 27; reference to which plat is hereby made for a more particular description of the tract. GPIN: 2415-74-1522 PARCEL 2: ALL of that certain tract, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto appertaining, situate, lying and being in the Princess Anne District of the City of Virginia Beach, Virginia, and being more particularly designated as tract "Parcel 6, 0.536 AC." on that certain plat entitled, "Survey of Part of Property of Mrs. W. O. Gilbert Princess Anne Borough Virginia Beach, Va.", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 69, at Page 4; reference to said plat being made for a more particular description and location of the aforementioned property. GPIN: 2415-64-9144 PARCEL 3: ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto appertaining, situate, lying and being in the Princess Anne District of the City of Virginia Beach, Virginia, and being more particularly designated as tract "Parcel 7, 2.363 AC,", on that certain plat entitled, "Survey of Part of Property of Mrs. W. O. Gilbert Princess Anne Borough Virginia Beach, Va.", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 69, at Page 4; reference to said plat is hereby made for a more particular description of the aforementioned property. GPIN: 2415-74-2456 CONDREZONE/HOMEASSOCIATES/COLLINGSQUAY/PROFFER 10 Ma~ ~-~ A Neal Kellum Zoning Change from A-12 to R7.5 CUP- Crematory I # I DATE I REQUEST I ACTION 1 6-25-96 Rezoning (O-1 Office to R-7.5 Residential) Approved 6-25-96 Conditional Use Permit (crematory) Approved 7-9-91 Rezoning (A-12 Apartments to O-1 Office) Approved 2 9-28-93 Conditional Use Permit (cemetery/mausoleum) Approved I CITY OF VIRGINIA BEACH AGENDA ITEM II II ITEM: A. Neal Kellum - Change of Zoning District Classification (A-12 Apartment District to R-7.5 Residential District) and a Conditional Use Permit (crematory) MEETING DATE: February 10, 2004 · Background: (a) An Ordinance upon Application of A. Neal Kellum for a Change of Zoning District Classification from A-12 Apartment District to R-7.5 Residential District on property located at 105 Happy Street. The Comprehensive Plan identifies this site as being within the Strategic Growth Area #5. (GPIN 14872356900000). DISTRICT 3- ROSE HALL (b) An Ordinance upon Application of A. Neal Kellum for a Conditional Use Permit for a crematory on property located at 105 Happy Street (GPIN 14872356900000). DISTRICT 3- ROSE HALL Considerations: The applicant proposes to expand an existing pet crematory business onto the adjacent two vacant lots that are currently zoned A-12 Apartment District. Since the Apartment Districts do not allow crematories, even as conditional uses, a change of zoning is necessary to expand the facility. The existing facility was granted the same two requests, a change of zoning from A-12 Apartment District to R-7.5 Residential District and a Conditional Use Permit for a crematory, in 1996. The submitted plans show a one-story 1,837 square foot addition on the southern side of the existing building. The addition will approximately double the footprint of the existing building. The parking area east of the building along Happy Street is also shown expanded onto the adjacent property. A total of seven parking spaces are proposed. A landscape buffer is shown along the southern and western property lines where the subject property abuts residential zoning (A-12 Apartment District). Category IV landscaping is proposed within the western buffer, and Category I landscaping is proposed within the southern buffer. Architecturally, the existing building appears residential. Siding is a combination of brick veneer and vinyl. While the existing building is one-story, the proposed addition is two-story, but also residential in character. Exterior siding will also be a combination of brick veneer and vinyl, matching the existing. The Planning Commission placed the items on the consent agenda because this is the expansion of an existing use and is compatible with surrounding uses. Staff recommended approval. There was no opposition to the proposal. Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: 1. The site shall be developed as depicted on the submitted site plan entitled, "Pet Cremation Services" dated 6/17/03 by Lewis White & Associates. 2. The building addition shall be constructed as depicted in the elevation entitled, "Front Elevation Study, Addition to Pet Cremation Services of Tidewater" dated October 2003 by Crow Architectural Services. 3. Signage on the site shall be monument type with external illumination. 4. All animals and cadavers shall be removed from vehicles within the confines of the structure completely out of public view. Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency/: Planning Department ~_~~'~--~ City Manager: F07 - 210 - REZ- 2003 F07 - 210 - CUP - 2003 A. NEAL KELLUM Agenda Items # 7 and # 8 January 14, 2004 Public Hearing Staff Planner: Ashby Moss The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: (7) (8) Change of Zoninq District Classification from A-12 Apartment District to R-7.5 Residential District. Conditional Use Permit for crematory LOCATION: Property located at 105 Happy Street ~M~ ~-, A, Neal Kellurn Nat ~t~ Zoning Change from A-12 to R7.5 CUP- Crematory A. NE.AL KELLUM Agenda Items # 7 and # 8 Page 1 GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: EXISTING LAND USE AND ZONING: SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: (7) (Change of Zoning) 14872356900000 (8) (Conditional Use Permit) 14872356900000 and 14872356870000 3 - ROSE HALL (7) (Change of Zoning) 5,000 square feet (8) (Conditional Use Permit) 14,071 square feet The northwest corner of Bonney Road and Happy Street contains the existing Kellum pet crematory business. This portion of the property is zoned R-7.5. The applicant proposes to expand the building onto the adjacent property, which is vacant. The vacant property is currently zoned A-12 Apartment District. North' South: East: West: · Across Bonney Road, mixed retail uses / B-2 Community Business District · Single-family dwelling / A-12 Apartment District · Across Happy Street, commercial and office complex/B-2 Community Business District · Townhouses / A-12 Apartment District There are no significant natural resource or cultural features on the site. The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. The applicant proposes to expand the existing pet crematory business onto the adjacent two vacant lots that are currently zoned A-12 Apartment District. Since the Apartment Districts do not allow crematories, even as conditional uses, a change of zoning is A. NEAL KELLUM Agenda Items # 7 and. # 8 page 2 necessary to expand the facility. The existing facility was granted the same two requests, a change of zoning from A-12 Apartment District to R-7.5 Residential District and a Conditional Use Permit for a crematory, in 1996. Conditions of the 1996 Use Permit included' . The applicant shall adhere to the submitted site plan entitled "Exhibit For Rezoning From B-2 to R-7.5 of Virginia Humaniteks" dated April 23, 1996. The applicant shall also adhere to the submitted renderings entitled "Happy Street and Bonney Road Elevations." Signage on the site shall be monument type with external illumination. All animals and cadavers shall be removed from vehicles within the confines of the structure completely out of public view. The currently submitted plans show a one-stow 1,837 square foot addition onto the southern side of the building. This will approximately double the footprint of the building. The parking area east of the building along Happy Street is also shown expanded onto the adjacent property. A total of seven parking spaces are proposed. A landscape buffer is shown along the southern and western property lines where the subject property abuts residential zoning (A-12 Apartment District). Category IV landscaping is proposed within the western buffer, and Category I landscaping is proposed within the southern buffer. Architecturally, the existing building appears residential. Siding is a combination of brick veneer and vinyl. While the existing building is one-story, the proposed addition is two- story, but also residential in character. Exterior siding will also be a combination of brick veneer and vinyl, matching the existing. Major Issues The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. · Compatibility of proposed pet crematory expansion with adjacent properties. · Compatibility of proposed zoning district with adjacent zoning districts. A. N:EAL KELLUM Agenda Items # 7 and .# 8. Page :3 The Comprehensive Plan policies and Map designation for this area support Iow scale nonresidential uses that are consistent with the mixture of land use found in this corridor. The land use policies also recognize the potential for a greater amount of nonresidential uses to occur provided those development proposals are attractive, safe, economically viable, and well executed to enhance the area's character and quality of life. The subject request is consistent with Comprehensive Plan policies. Staff Evaluation Staff recommends approval of this request. Staffs evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses each of the 'Major Issues' identified above. The proposars strengths in addressing the 'Major Issues' are (1) The pet crematory has proven compatible at this location for the past eight years. The expanded R-7.5 zoning change is also appropriate for this location. If the use were ever moved from this location, the unconditional single-family residential zoning would prevent incompatible uses from the site. (2) Proposed landscaping will buffer the use from adjacent residential properties. Staff, therefore, recommends approval of this request subject to the recommended conditions below. Conditions 1. The site shall be developed as depicted on the submitted site plan entitled, "Pet Cremation Services" dated 6/17/03 by Lewis White & Associates. A. 'NEAL KEELUM Agenda Items Cf 7 andcf 8 · Page 4 . The building addition shall be constructed as depicted in the elevation entitled, "Front Elevation Study, Addition to Pet Cremation Services of Tidewater" dated October 2003 by Crow Architectural Services. 3. Signage on the site shall be monument type with external illumination. 4, All animals and cadavers shall be removed from vehicles within the confines of the structure completely out of public view. 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. A. NEAL KELLUM Agenda Items # 7 and# 8 Page 5 Supplemental Informational Zonin~ History '"",~ '~-~ A Neal Kellum ~'1~ No~c 'co ~c~].e · Zoning Change from A-12 to R7.5 CUP - Crematory I DATE I REQUEST I ACTION 6-25-96 Rezoning (O-1 Office to R-7.5 Residential) Approved 6-25-96 Conditional Use Permit (crematory) Approved 7-9-91 Rezoning (A-12 Apartments to O-1 Office) Approved 9-28-93 Conditional Use Permit (cemetery/mausoleum) Approved Public A.qency Comments Public .Works A..N:EAL KELL:UM Agenda Items # 7 and'::# 8 .Page 6 Master Transportation Plan (MTP): Bonney Road in the vicinity of this application is a four lane undivided minor urban arterial as is designated on the MTP. There are no projects to upgrade this roadway in the current adopted Capital Improvement Program. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use z - 40 ADT 17,000 17,300 Bonney Road ADT ~ ADT ~ Proposed Land Use 3_ 20 ADT Average Daily Trips 2 as defined by six apartments on the A-12 zoned parcel 3 as defined by 1837 sq. ft. office Public Utilities Water: There is a 10-inch water main in Bonney Road and a six-inch line in Happy Street. The existing business is already connected to City water. The 5/8-inch meter may be upgraded. Sewer: There is an 8-inch sewer main in Happy Street. The site is already connected to City sewer. Public Safety I Police: I No comments. Fire and Rescue: The applicant must obtain the necessary permits from the Permits and Inspections Division of the Planning Department. Private fire hydrants must be maintained annually as identified in National Fire Protection Association 25. A fire hydrant must be within 400 feet of the commercial structure. A. :NE.AL KELEUM Agenda Items # 7 and'.:::.# 8 'Page 7 ............ ~ Exhibits 2: Exhibit A Aerial of Site Location A.'.NEAL KELLUM Agenda Items # 7 and:'# 8 Page 8 Exhibit B Proposed Site Plan ~% ,gg'66 OVO~ X3NN08 A. NEAL' KELEUM Agenda Items # 7 and # 8 page 9 -. ,. Exhibit C1 Proposed Building Elevation A. NEAL KELLUM Agenda Items # 7 and. # 8 Page..10 z 0 o o 0 z Exhibit C2 Proposed Building Elevation A. :NE.AL KELLU'M Agenda Items # 7 and: # 8 Page '. 11 NOI~LIFDYIdd-V lII~td ~tSfl q~N~OIJ. I(I~09 i i i i. i i -~:~ Exhibit D Disclosure Statement NOIJ.¥D1FIddV J. II~~[ct ~tSFi TVNOIJ;If[NOD A. :NEAL KELLUM Agenda Items # 7 and :# I8 P.,lalge'l2 Item #7 & 8 A. Neal Kellum Change of Zoning District Classification Conditional Use Permit 105 Happy Street District 3 Rose Hall January 14, 2003 CONSENT Dorothy Wood: The next items are Items #7 & 8. Item #7 is an application of Neal Kellum for change of zoning from A-12 Apartment to R-7.5 Residential on property located at 105 Happy Street. The next one is Item #8, a Conditional Use Permit for a crematory on property located at 105 Happy Street. Louis White: My name is Louis White. I'm the agent for Mr. Kellum on these properties. We have read the conditions and find them acceptable. Dorothy Wood: You've read the four conditions sir? Louis White: Yes. Dorothy Wood: Thank you. Is there any opposition to Mr. Kellum's property on Happy Street for a crematorium? Hearing none. Gene, would you please tell us about this one? Eugene Crabtree: I'll be more than happy to. This is located in the Rose Hall district. This crematorium is compatible with the other uses along Bonney Road as well as the increasing industrial and businesses that are being developed on Bormey Road. The crematorium has been there for a period of time already. This is just merrily increasing it in size. It has not presented any intrusive adverse impacts on the community. In fact, it is a very non-descript quiet business. Most people do not even know that it exists there. It falls within the realms of the Comprehensive Plan for uses of the properties along this area. So therefore, we feel like it is a suitable item for the consent agenda. Dorothy Wood: Thank you. Is there any opposition to the pet crematorium on Happy Street? Hearing none. Mr. Ripley, I would move to approve these items on the consent agenda, Items #7 & 8 with four conditions. Ronald Ripley: We have a motion to approve this consent agenda item. Do we have a second? William Din: Second. Ronald Ripley: Seconded by Will Din. We're ready to vote. AYE 9 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WOOD AYE ABSENT Ronald Ripley: By a vote of 9-0, this consent agenda item passes. Map L-6,7 GS Dev, LLC Not ~o Scale A-12 Modifications of Proffers DATE I REQUEST IACTION I 1. 6-23-93 12-10-02 2 10-10-88 8-14-89: 2-11-92; 10-28-93; 10-24-95; 4-25-00 Enlargement of a Nonconforming Use Rezoning (A-12 Apartment to Conditional B-2) and a Conditional Use Permit (Bulk Storage) Rezoning (B-2 Commercial to A-12 Apartment) and a Conditional Use Permit (Group Home) Conditional Use Permit (Group Home- Addition) Approved Approved Approved Approved CITY OF VIRGINIA BEACH AGENDA ITEM I II II I ITEM: GS Development, L.L.C. - Modification of Proffers and Modification of a Conditional Use Permit approved by City Council on December 10, 2002 MEETING DATE: February 10, 2004 · Background: An Ordinance upon Application of GS Development L.L.C. for a Modification of Proffers for a request approved by City Council on December 10, 2002. Property is located at 959 Virginia Beach Boulevard (GPIN 24177515700000). An Ordinance upon Application of GS Development L.L.C. for a Modification of a Conditional Use Permit approved by City Council on December 10, 2002. Property is located at 959 Virginia Beach Boulevard (GPIN 24177515700000). DISTRICT 6 - BEACH Considerations: The Conditional Rezoning from A-12 Apartment District to Conditional B-2 Community Business District was approved by the City Council on December 10, 2002 with two (2) proffers. Proffer 2 is instrumental to the current request: Proffer 2 limits storage on the site to primarily automobiles, motor homes, campers, boats and trailers. The proffer is requested for modification because the applicant would like to allow a landscaping company to store vehicles, plants, soil, mulch and decorative stone on the site. The Conditional Use Permit permitting a Bulk Storage Facility was approved by the City Council on December 10, 2002 with seven (7) conditions. Conditions 1 and 5 are instrumental to the current request: Condition 1 limits storage on the site to automobiles, motor homes, campers, boats and boat trailers. The condition is requested for modification because the applicant wishes to allow a landscaping company to store vehicles, plants, soil, mulch and decorative stone on the site. Condition 5 limits the hours of operation on the site. The applicant and neighboring community are agreeable to standard hours of operation of GS Development Page 2 of 3 Monday through Sunday, from 6:00 a.m. to 8:00 p.m. provided the recreational boats are parked on the east side of the site, as close to Virginia Beach Boulevard as possible. The applicant, with the December 2002 approval, proposed a temporary use of the subject parcel until such time that either (1) the new convention center is opened (first phase is scheduled to open in spring 2005) or (2) five years has passed since the commencement of the use permit (building permits representing the commencement of the use were issued on March 26, 2003). The proposed use, a bulk storage yard, is not the type of use envisioned by the Comprehensive Plan for this area, but the applicant has proposed that the use would be temporary. The proposed modifications to the proffers of the Conditional Zoning Agreement and the Conditional Use Permit would allow the applicant to expand the storage operation to include a landscaping operation's vehicles and materials, and to expand the hours of operation on the site. The applicant, adjacent townhome neighborhood, and Staff have worked together to achieve a plan for the site that is acceptable for the temporary use of the property. The Planning Commission placed this item on the consent agenda because the requested modifications are reasonable, representing an appropriate temporary use for the site. Staff recommended approval. · Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve the Modification of Proffers, as proffered, and to approve the Modification of the Conditional Use Permit with the following conditions: 1. All conditions with the exception of Number 1 and Number 5 attached to the Conditional Use Permit granted by the City Council on December 10, 2002 remain in affect. 2. Condition Number I of the December 10, 2002 Conditional Use Permit is deleted and replaced with the following: Recreational boats, trailers, landscape and contractor vehicles shall not be parked on the west side of the site between the office / apartment building and the rear of the site. Storage of plants, mulch, soil and decorative stone shall be limited to the rear (southern end) of the site. There shall be no chipping or mulch processing on the site. Said conditional use shall terminate five (5) years from the time said conditional use commenced or when the new convention center to be located on the site of the existing Pavilion on 19th Street opens for business to the public, whichever is less. The Planning Director shall review the towing portion of the operation administratively on a yearly basis. GS Development Page 3 of 3 3. Condition Number 5 of December 10, 2002 Conditional Use Permit is deleted and replaced with the following: The hours of operation for the overall storage yard shall be Monday through Sunday, 6:00 a.m. to 8:00 p.m. Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department~~ City Manager: ~~-- · ~~ L06-215-MOD-2003 L06-216-MOD-2003 GS DEVELOPMENT L.L.C. Agenda Items # 3 and # 4 January 14, 2004 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this appfication. Location and General Information REQUEST: (3) LOCATION- (4) Modification of Proffers from the Conditional Change of Zoning from A-12 Apartment to Conditional B-2 Business granted by the City Council on December 10, 2002. Modification of Conditions placed on a Conditional Use Permit for a Bulk Storage Facility that was approved by City Council on December 10, 2002. 959 Virginia Beach Boulevard ,GS Development I. LC Modifications o£ Proffers GS DEVELOPMENT, L.L.c. Agenda Item # 3 and'# 4 page 1 GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE' EXISTING LAND USE: SURROUNDING LAND USE AND ZONING' NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: 24177515700000 6 - BEACH 4 acres The site is being used for bulk storage consistent with the proffers and conditions in effect. North: South: East: West: · Virginia Beach Boulevard · Across Virginia Beach Boulevard are various retail and service type uses / RT-3 Resort Tourist · Mobile Home Park and Multiple-Family dwellings / A-12 and A-18 Apartment · Mobile Home Park / A-12 Apartment · Gas Station and Convenience Store and a Townhouse Community / B-2 Business and A-12 Apartment A two-story structure, gravel parking pads, and drive aisle occupy the site. The rear portion of the site is lawn and mature trees. The site is in the Owls Creek watershed. The southwestern portion of the site is in the greater than 75 dB Ldn AICUZ surrounding NAS Oceana. The northeastern portion of the site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana. Summary of Proposa The Conditional Rezoning from A-12 Apartment District to Conditional B-2 Community Business District was approved by the City Council on December 10, 2002, and has two (2) proffers: GS DEVELOPMENT, Li:L-.C. Agenda Item # 3 and. i# 4 Page. 2 o The property may be used for all principal uses and any conditional uses specifically authorized by City Council with a Conditional Use Permit, within the B-2 Community Business District as set forth in the Zoning Ordinance (as defined herein), except for the following uses, which shall not be permitted: · Automobile Repair Garage; · Boat Sales with Outside Storage of Boats; · Body Piercing Establishments: · Borrow Pit; · Eating and Drinking Establishments with Drive-thru pick-up windows: · Flea Markets: · Furniture Repair and Upholstering; · Marinas, commercial; · Mini-warehouses; · Mobile Home Sales; · Motor Vehicle Sales; · Passenger Transportation Terminals for Buses; · Passenger Vessels permitted by the U.S. Coast Guard regulations; · Personal Watercraft Rentals; · Public Utility Storage or Maintenance Installations; · Tattoo Parlors; and · Wholesaling and Distribution as a stand-alone use. , The property, upon issuance of a Conditional Use Permit, may be used as a bulk storage yard primarily for the storage of automobiles, motor homes, campers, boats and boat trailers. Said conditional use shall be limited to a period of either five (5) years from the time of said conditional use commences or when the new convention center to be located on the site of the Pavilion on 19th Street opens for business to the public, whichever is less, as set forth in the Conditional Use Permit. Proffer 2 limits storage on the site to primarily automobiles, motor homes, campers, boats and trailers. The proffer is requested for modification because the applicant would like to allow a landscaping company to store vehicles, plants, soil, mulch and decorative stone on the site. The Conditional Use Permit permitting a Bulk Storage Facility was approved by the City Council on December 10, 2002. The Conditional Use Permit has seven (7) conditions: 1. The property shall be used as a bulk storage yard primarily for the storage of automobiles, motor homes, campers, boats and boat trailers. Said conditional use shall be limited to a period of either five (5) years from the time of issuance GS DEVELO...P...MENT, L.;L.C. Agenda Item # 3 and.:'# 4 Pag.e:3 of this conditional use permit or when the new convention center to be located on the site of the existing Pavilion on 19th Street opens for business to the public, whichever is less. The Planning Director shall review the towing portion of the operation administratively on a yearly basis. . The bulk storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach, or by an alternative method as approved by the Planning Director. The screening shall be installed and approved by the end of the first planting season following occupation of the site. , The bulk storage yard may be gravel, except for necessary access for fire equipment, provided a waiver of on-site improvements is requested and approved by the Planning Director. , Vehicles that are towed to the site shall only be from authorized and licensed automotive repair facilities. No wrecked or inoperative vehicles shall be stored on the site without a valid service ticket outlining the work to be performed and date that the project is promised to be delivered to the customer. Vehicle towing shall only occur Monday through Friday, between the hours of 8:00 a.m. and 8:00 p.m., and on Saturday from 9:00 a.m. to 8:00 p.m. There shall be no towing on Sunday. 5. The hours of operation for the overall storage yard shall be Monday through Saturday, 6:00 a.m. to 8:00 p.m. and Sunday, 9:00 a.m. to 8:00 p.m. 6. There shall be no disposal of remnant sewage from recreational vehicles on the site. , If the existing building is to be used for the office and or caretaker's quarters the applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of Planning and the Fire Department. A certificate of occupancy shall be obtained from the Building Code Official before a business is issued. Condition 1 limits storage on the site to automobiles, motor homes, campers, boats and boat trailers. The condition is requested for modification because the applicant wishes to allow a landscaping company to store vehicles, plants, soil, mulch and decorative stone on the site. Condition 5 limits the hours of operation on the site. The applicant and neighboring community are agreeable to standard hours of operation of Monday through Sunday, L. GS DEVELOPMENT, L':L.'C. Agenda item # 3 and::# 4 :Page.: 4 . . from 6:00 a.m. to 8:00 p.m. provided the recreational boats are parked on the east side of the site, as close to Virginia Beach Boulevard as possible. ajor ssues · The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. This site is located on a primary entrance into the resort area - 17th Street / Virginia Beach Boulevard. Consistency with the recommendations of the Comprehensive Plan is vital. Compmhensiv'e Plan The Comprehensive Plan identifies this area as the Oceanfront Resort Area. The Old Beach District Center Plan recommends that this commercial corridor be strengthened as a mixed-use corridor and re-established as a 'great place to work, shop and live.' To achieve this goal, light industrial, storage and other inappropriate uses need to be relocated to other areas of the city. A variety of public uses exist on 17th Street that present a strong civic presence. The relocation of inappropriate land uses may also present an opportunity for a new neighborhood and a new office district that would work toward strengthening the year-round presence in the resort area. New development and redevelopment along this corridor should be of a quality that builds on the quality of the 19th Street Corridor. GS DEVELOPMENT, L';;L.C. Agenda item # 3 and:';# 4 -.. Page .5 ................... Proffers-- The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER # 1 [Original PROFFER # 2, referred to in the Proffer below] The Property, upon issuance of a Conditional Use Permit, may be used as a bulk storage yard in accordance with the conditions set forth in the Application for Conditional Use. Said conditional use shall be limited to a period of either five (5) years from the time said conditional use commences or when the new convention center to be located on the site of the Pavilion on 19th Street opens for business to the public, whichever is less, as set forth in the Conditional Use Permit. PROFFER # 2 All of the terms, covenants and conditions set forth in the Declaration of Conditions and Restrictions dated October 31,2002, and recorded in the Clerk's Office as Instrument Number 200212233084232, save and except Proffer 2, as specifically amended and modified herein, shall remain in full force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through Grantor, its assigns, tenants and other successors in interest or title. Staff Evaluation of The submitted modification is acceptable. Proffers: GS DEVELOPMENT, L,L.C. Agenda Item # 3 and # 4 Page...6 City Attorney's Office: The City Attorney's Office has reviewed the proffer agreement dated December 29, 2003, and found it to be legally sufficient and in acceptable legal form. Staff Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials and proffers, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are The Comprehensive Plan recommends this area as a mixed-use corridor, which is a mix of commercial, residential and civic uses. The applicant, with the December 2002 approval, proposed a temporary ,use of the subject parcel until such time that either (1) the new convention center is opened (first phase is scheduled to open in spring 2005) or (2) five years has passed since the commencement of the use permit (building permits representing the commencement of the use were issued on March 26, 2003). The proposed use, a bulk storage yard, is not the type of use envisioned by the Comprehensive Plan for this area, but the applicant has proposed that the use would be temporary. The applicant previously submitted a Conditional Zoning Agreement with proffers that identify uses that will not be allowed on the site because they are not consistent with the vision for the 17th Street/Virginia Beach Boulevard Corridor. The proposed modifications to the proffers of the Conditional Zoning Agreement and the Conditional Use Permit would allow the applicant to expand the storage operation to include a landscaping operation's vehicles and materials, and to expand the hours of operation on the site. The applicant, adjacent townhome neighborhood, and Staff have worked together to achieve a plan for the site that is acceptable for the temporary use of the property. Staff, therefore, recommends approval of this request. Condition,s GS DEVELOPMENT, L'~L.c. Agenda Item # 3 and:?:# 4 Page. 7 1. All conditions with the exception of Number 1 and Number 5 attached to the Conditional Use Permit granted by the City Council on December 10, 2002 remain in affect. 2. Condition Number 1 of the December 10, 2002 Conditional Use Permit is deleted and replaced with the following: Recreational boats, trailers, landscape and contractor vehicles shall not be parked on the west side of the site between the office / apartment building and the rear of the site. Storage of plants, mulch, soil and decorative stone shall be limited to the rear (southern end) of the site. There shall be no chipping or mulch processing on the site. Said conditional use shall terminate five (5) years from the time said conditional use commenced or when the new convention center to be located on the site of the existing Pavilion on 19th Street opens for business to the public, whichever is less. The Planning Director shall review the towing portion of the operation administratively on a yearly basis. 3. Condition Number 5 of December 10, 2002 Conditional Use Permit is deleted and replaced with the following: The hours of operation for the overall storage yard shall be Monday through Sunday, 6:00 a.m. to 8:00 p.m. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application require revision during detailed s, ite, plan review to meet afl applicable Cit~ ,Codes. , , GS DEVELOPMENT, L~L.C. Agenda Itbm # 3 and # 4 Page .8 Supplemental lni~/~ation~ M~p L--~7 M~ No~ 'co S¢ole GS Develo Zonin~ History LLC Modifications of Proffers I # I DATE 1. 6-23-93 12-10- O2 2 10-10- 88 8-14-89; [REQUEST Enlargement of a Nonconforming Use Rezoning (A-12 Apartment to Conditional B-2) and a Conditional Use Permit (Bulk Storage) Rezoning (B-2 Commercial to A-12 Apartment) and a Conditional Use Permit (Group Home) Conditional Use Permit (Group Home- Addition) 2-11-92; 10-28-93; 10-24-95; 4-25-00 I ACTION Approved Approved Approved Approved GS DEVELOPMENT, L,L.C. Agenda Item # 3 and.'# 4 Page 9 Public A enc¥ Comments Public Works Master Transportation Plan (MTP): Virginia Beach Boulevard in front of this site is a four- lane major collector roadway. There are no plans to improve the roadway in the CIP project list. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Existing Land Use z - 198 Virginia Beach 9,644 13,100 Boulevard ADT ~ ADT ~ Proposed Land Use 3_ 1,485 ~ Average Daily Tdps 2 as defined by A-12 Apartment Distdct -* as defined by B-2 Business District Public Utilities Water: There is a twenty-four (24) inch and a twelve (12) inch water main in Virginia Beach Boulevard fronting the property. The site has an existing two (2) inch meter, that may be used. ISewer: There is a twenty (20) inch sanitary sewer force main in Virginia Beach Boulevard.. T. he site is connected to City sewer. Police: Public Safety 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. Adequate access and an all weather road surface are _ GS DEVELOPMENT, .L:L.'C. Agenda it6m # 3 and. # 4 P. age'..10 required for Fire Department access. GS DEVELOPMENT, Li'L.C. Agenda item # 3 and# 4 Page.11 Exhiibits Exhibit A Aerial of Site Location GS DEVELO.PM'ENT, L.',L.C. Agenda Item # 3 and:# 4 Page..!.12 .. NOIJ~¥gI~IddY ONLtNOZ~ ~NOIJ~I~O~ Exhibit B Disclosure Statement GS DEVELOPMENT, LL.C. Agenda Item # 3 and:# 4 Page..'.1.3 ~OI~,~I'ItI~ SNOIJ, IflN09 ~IO N~OIJ, V31~(IO~ Exhibit B Disclosure Statement GS DEVELOPMENT, L:L.'C. Agenda Item # 3 and# 4 page..14 Item #3 & 4 GS Development, L.L.C. Modification of Proffers Modification of a Conditional Use Permit 959 Virginia Beach Boulevard District 6 Beach January 14, 2004 CONSENT Dorothy Wood: The next items are Items #3 & 4. It's GS Development Company. It's an ordinance upon application of GS Development for modification of proffers for property located at 959 Virginia Beach Boulevard and an ordinance upon application of GS Development for modification of a Conditional Use Permit that was approved by City Council on December 10, 2002. Property is also located at 959 Virginia Beach Boulevard. It's in the Beach district and it has two proffers and three conditions. Is there anyone here representing GS Development? Whitt Sessoms: Yes ma'am. My name is Whitt Sessoms. Dorothy Wood: Have you read the conditions sir? Whitt Sessoms: Yes I have and we accept them. Dorothy Wood: Thank you. Is there any opposition to Items #3 & 4 GS Development? Hearing none. Barry, would you please tell us about this item. Barry Knight: This site is being used for bulk storage consistent with the proffers and conditions that were passed on December 10, 2002. The condition is for a period of five years or until the Pavilion on 19th Street opens. And the applicant wishes to modify one of the proffers to allow plants soil, mulch and decorative stone on the site. We feel that this is an appropriate use for this property. Dorothy Wood: Thank you. Is there any opposition to this Planning Commission item? Hearing none. Mr. Ripley, I would move to approve these items on the consent agenda, Items #3 & 4, which has two proffers and three conditions. Ronald Ripley: We have a motion to approve these consent agenda items. Do we have a second? William Din: Second. Ronald Ripley: Seconded by Will Din. We're ready to vote. Item//3 & 4 GS Development, L.L.C. Page 2 AYE 9 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WOOD AYE ABSENT Ronald Ripley: By a vote of 9-0, these consent agenda items pass. FO~M NO. f~.$. ~B Cit~ o£ ~rir~ix~ia INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5794 DATE: January 28, 2004 TO: Leslie L. Lilley, ~,N DEPT: City Attorney FROM: B. Kay Wilsb~TM DEPT: City Attorney Conditional Zoning Application GS Development, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 10, 2004. I have reviewed the subject proffer agreement, dated December 29, 2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure AMENDMENT TO CONDITIONS THIS AMENDMENT TO CONDITIONS ("Amendment") made this 29t~ day of December, 2003, by and between GS DEVELOPMENT, LLC, a Virginia limited liability company , successor-in-title to SEASIDE MOBILE PARK, L.C., a Virginia limited liability company ("Owner"), GRANTOR, and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE, provides and states as follows: WITNESSETH: WHEREAS, GRANTOR is the owner of a parcel of real property located in the City of Virginia Beach, Virginia, commonly referred to as 959 Virginia Beach Boulevard, GPIN NO: 2417-75-1570, more particularly described in Exhibit A, attached hereto and incorporated herein by reference, said property being referred to herein as the "Property"; and WHEREAS, GRANTOR has initiated modifications to a conditional amendment to the Zoning Map of the City of Virginia Beach by petition addressed to GRANTEE so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, GRANTOR has requested GRANTEE to permit this modification to the previously proffered covenants and conditions dated October 31, 2002, recorded as Instrument Number 200212233084272, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, (the "Clerk's Office"), to reflect the amendments applicable to the land use plan on the Property; and WHEREAS, GRANTEE's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing typ~ of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and GPIN: 241%75-1570 Prepared by: Hofheimer Nusbaum, P.C. 999 Waterside Drive, Suite 1700 Norfolk, Virginia 23510 WHEREAS, GKANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before the GKANTEE, as part of the proposed modifications to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted which conditions have a reasonable relation to the proposed modifications and the need for which is generated by the proposed modification. NOW, THEREFORE, the GRANTOR, its successors, assigns, grantees and other successors in tire or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this Declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, its successors, assigns, grantees and other successors in interest or title: 1. Proffer 2 is hereby amended to read: The Property, upon the issuance of a Conditional Use Permit, may be used as a bulk storage yard in accordance with the conditions set forth in the Application for Conditional Use. Said conditional use shall be limited to a period of either five (5) years from the time said conditional use commences or when the new convention center to be located on the site of the Pavilion on 19~ Street opens for business to the public, whichever is less, as set forth in the Conditional Use Permit. 2. All of the terms, covenants and conditions set forth in the Declaration of Conditions and Restrictions dated October 31, 2002, and recorded in the Clerk's Office as Instrument Number 200212233084232, save and except Proffer 2, as specifically amended and modified herein, shall remain in full force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through GRANTOR, its assigns, tenants and other successors in interest or title. GRANTOR further covenants and agrees that: Any references herein to B-2 Business District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Amendment by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the Amendment to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Amendment is approved by the Virginia Beach City Council ("Zoning Ordinance"), shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implememation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of GRANTEE, after a public hearing before GRANTEE which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attached to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of GRANTOR and WITNESS the following signature and seal. GRANTOR: GS DEVI~J.OPMENT, LLC a Virginia limited liability company Manager STATE OF IRGEN-IA~ CITY OF .~t'~.~ , TO-WIT: The for.egojng instrument was acknowled~ged before me this~ day of December, 2003_, by ~ ~'-~ ~ ~~'5 '~,-- , Manager of GS Development, LLC, on its behalf. He/she is personally known to me or has produced a driver's license as identification. Notary Public My commission expires: c'{.. 30.07 EXHIBIT A PARCEL ONE: ALL THAT certain tract, piece or parcel of land, situate, lying and being near the City of Virginia Beach, in Lynnhaven Borough of the City of Vkginia Beach, Virginia, and more particularly described and bounded as follows: BEGINNING at a point on the southern line of Virginia Beach Boulevard 200 feet distance in a westerly direction from its intersection with the dividing line between the property now or formerly belonging to Vernon Drinkwater and the property of the City of Virginia Beach, upon which is erected its water tower, and running thence South 5 degrees 28 minutes East 777.5 feet to a pin; thence South 55 degrees 18 minutes West 164.3 feet to a pin; thence North 5 degrees 28 minutes West 857.8 feet to a pin on the southern line of said Virginia Beach Boulevard; thence along the southern line of said Virginia Beach Boulevard Noah 84 degrees 32 minutes East 143.4 feet to a pin, the point of beginning; containing two and seven-tenths (2.7) acres according to plat of property made April 17, 1946 by W.B. Gallup, County Surveyor, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 18, at Page 3 and referred to in Deed Book 236, at Page 43 and reference to the same is hereby made for a more particular description. PARCEL TWO: ALL THOSE certain lots, pieces or parcels of land, with the appurtenances thereunto belonging or in anywise appertaining situate, lying and being in the Lynnhaven Borough of the City of Virginia Beach, Virginia, known, numbered and designated on the amended plat of "Virginia Beach Annex" made by Raymond C. Almond, C.L.S., May, 1956, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 41, at page 41, as Lots Twenty (20) to Thirty-four (34), both inclusive, in Block Thirteen (13). EXCEPTING: The property sold to Willie E. Sawyer and Florence W. Sawyer by deed dated October 10, 1962 and described as follows: ALL THOSE certain lots, pieces or parcels of land with the appurtep~nces thereunto belonging, or in otherwise appertaining, situate, lying and being in the Lyrmhaven Borough of the City of Virginia Beach, Virginia, known, numbered and designated on the amended plat of Virginia Beach Annex, made by Raymond C. Almond, C.L.S., May, 1956, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 41, at Page 41 as Lots 20, 21, 22 and the eastern one-half of Lot 23, in Block 13. WHICH SAID PROPERTY IS FURTHER DESIGNATED AS: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situated, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as "Resubdivision of Parcel Designated as Vernon Drinkwater, 2.7 acres" as shown on plat titled "Property of Vernon Drinkwater located near Va. Beach in Princess Anne Co., Va., and the Western one-half of Lot 23, all of Lots 24 thru 34, inclusive, Block 13, Virginia Beach Annex, Princess Anne County amended plat", which said plat is duly recorded in the Clerk's Office of the Circuit Court for the City of Virginia Beach, Virginia, in Map Book 230, Page 38. IT BEING the same property conveyed to SEASIDE MOBILE PARK, L.C., a Virginia limited liability company by deed of Mulberry Corporation dated August 1, 1994, recorded in the Circuit Court Clerk's Office of the City of Virginia Beach in Deed Book 3420, at page 1097. TOGETttER WITH all rights of the Grantor to an easement for a sewer line benefitting the property described above as set forth in that certain agreement dated October 10, 1962, by and between Willie E. Sawyer and Florence W. Sawyer and Virginia Beach Trailer Village, Incorporated, which agreement is filed for record in Deed Book 753, page 259, and as set forth in that certain Deed of Easement dated July 3, 1957, by and between R. Wilson Chaplain and Elsie B. Chaplain and the City of Virginia Beach, which deed is filed for record in Deed Book 503, page 224, and that certain Deed of Easement dated June 26, 1958, by and between tL Wilson Chaplain and Elsie B. Chaplain and the City of Virginia Beach, which deed is filed for record in Deed Book 581, page 551. Map ~-~,9 !ck Rabbit No~ Sco!~ Modificatia~s of Conditions I # I DATE I REQUEST I ACTION 9-12-66 10-8-84 9-25-01 3-11-03 3-10-61 4-27-93 8-14-65 8-22-95 7-13-81 11-8-82 3-21-83 4-23-90 2-27-78 7-10-78 7-12-77 12-12-78 3-12-79 1-28-80 8-25-80 11-8-65 11-8-65 Rezoning (R-S3 Residential to C-L1 Commercial) Rezoning (B-2 Business to A-2 Apartment) Conditional Use Permit (mini-warehouse facility) Modification of Conditions to 9-25-01 CUP Conditional Use Permit (church) Conditional Use Permit (church expansion) Conditional Use Permit (church) Conditional Use Permit (church expansion) Conditional Use Permit (telecommunications tower) Rezoning (R-5 Residential to B-2 Business) Rezoning (R-5 Residential to O-1 Office) Rezoning (B-2 Business to R-40 Residential) Conditional Use Permit (mini-warehouses) Conditional Use Permit (mini-warehouse expansion) Subdivision Variance Subdivision Variance Subdivision Variance Subdivision Variance Subdivision Variance Rezoning (R-S3 Residential to C-L1 Commercial) Conditional Use Permit (gas station) Approved Withdrawn Approved Approved Approved Approved Approved Approved Approved Denied Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved CITY OF VIRGINIA BEACH ~ ....... AGENDA ITEM I I III III I I I I ~ ITEM: Jack Rabbit Self-Storage - Modification of a Conditional Use Permit (mini- warehouse facility) MEETING DATE: February 10, 2004 · Background: An Ordinance upon Application of Jack Rabbit Self-Storage for a Modification of a Conditional Use Permit for a mini-warehouse facility approved by City Council on September 25, 2001. Property is located at 5950 Providence Road. DISTRICT 2 - KEMPSVILLE Considerations: The Conditional Use Permit permitting the mini-warehouse facility was approved by the City Council for another applicant on September 25, 2001. The Use Permit was later modified by the current applicant on March 11, 2003 to change the site and architectural design and signage for the facility. A condition of the modification in 2003 requires a shared entrance with the adjacent property aligned with the Reon Drive/Providence Road intersection. At the time this condition was approved, the applicant believed the adjacent property owner would be agreeable to the shared entrance. However, the adjacent property owner has stated the shared entrance will interfere with needed turnaround area and building access on that property, and is not agreeable to sharing an entrance. As a result, the applicant is requesting to modify Condition 10 to eliminate the shared entrance requirement, but to allow for the possibility of sharing an entrance in the future. The Department of Public Works / Traffic Engineering will determine the safest design for the entrance and any intersection improvements during the detailed plan review process. Although a shared vehicular entrance would be ideal if it worked for the benefit of both property owners, the adjacent property owner has not agreed to this concept, making it impossible for the applicant to comply with Condition 10. If the entrances cannot be shared, Traffic Engineering has determined the two entrances should be separated as much as possible to avoid traffic confusion. The exact placement of the access will be determined during detailed site plan review. Jack Rabbit Page 2 of 2 The Planning Commission placed this item on the consent agenda because the change is appropriate at this time. Staff recommended approval. There was no opposition to the request. · Recommendations: The Planning Commission passed a motion by a recorded vote of 8-0 with 1 abstention to approve this request with the following conditions: 1. All conditions with the exception of Number 10 attached to the Conditional Use Permit granted by the City Council on September 25, 2001 and modified on March 11,2003 remain in effect. 2. Condition Number 10 of the September 25, 2001 Conditional Use Permit is deleted and replaced with the following: The applicant shall work with the adjacent property owner to construct a shared entrance aligned with the Reon Drive and Providence Road intersection. If the shared entrance cannot be negotiated, the entrance to the subject site and any intersection improvements shall be designed as required by the City's Public Works Traffic Engineering Division during the detailed site plan review process. Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Department~-~,'~ {1~,, .~'. '~ ' Submitting Department/Agency: Planning ,.~/1~~ "" City Manager~~ ~ ~~, BO8-2'13-MOD-2003 ~'~¥~" ~:: JACK RABBIT SELF-STORAGE ~'"~ z,., ..' :'"l ..: ~. ~,.>.~ ~.~¢_.,?' Agenda Item # 14 ~%~ Januaw 14, 2004 Public Hearing Staff Planner: Ashby Moss The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. ........... '-- --- ~;' '=~- :!~-.'-"~.--7 ~% ............... Location and General Inforrnation'~l REQUEST: Modification of Conditions placed on a Conditional Use Permit for a mini-warehouse facility on September 25, 2001 and modified on March 11,2003. LOCATION: Property located at 5950 Providence Road GPIN: COUNCIL ELECTION 14566422600000 JACK RABBIT SELF-STORAGE Agenda Item#' 14 Page 1 DISTRICT: 2 - KEMPSVILLE SITE SIZE: EXISTING LAND USE AND ZONING' SURROUNDING LAND USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: AICUZ: 4.39 acres The front of the property was formerly used for a commercial day care facility, and the rear of the property was used for a plant nursery. Both uses terminated some time ago, but the buildings are still present on the site. The property is zoned B-2 Community Business District. North: South: East: West: · Single family residential / R-10 Residential District · Office warehouse facility / B-2 Community Business District · Across Providence Road, convenience store, commercial day care, mini-warehouse facility (also owned by applicant), mixed retail and office uses / B-2 Community Business District · Church / B-2 Community Business District · Woodstock Elementary School/R-10 Residential District The rear property line approximately coincides with a perennial stream that is a tributary of the Chesapeake Bay. Consequently, approximately 100 feet of the rear portion of this property contains Resource Protection Area (RPA) as defined by the Chesapeake Bay Preservation Area Ordinance. No construction or land disturbance other than additional planting is proposed in the RPA. The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. The Conditional Use Permit permitting the mini-warehouse facility was approved by the City Council for another applicant on September 25, 2001. The Use Permit was later modified by the current applicant on March 11, 2003 to change the site and architectural JACK RABBIT SELF-STORAGE Agenda Ite.m..'#...14 Page 2 design and signage for the facility· The conditions of the Use Permit, as modified in 2003, are as follows: · The site shall be developed as depicted on the site plan entitled, "Jack Rabbit- College Park- Phase 2" which has been exhibited to City Council and is on file with the Planning Department. The plan shall also include the following landscaping: a. A staggered row of wax myrtles around the perimeter of the property with the exception of the north side adjacent to the stormwater management facility, b. Foundation landscaping along the full lengths of both end-caps facing Providence Road, and c. Additional landscape beds in the front driveway portion of the site. 2. There shall be no land disturbance other than landscaping in the Resource Protection Area. 3. The buildings shall be constructed as follows: a. The end caps of the buildings facing Providence Road shall be all brick with a shake mansard roof. A five-foot wide tower structure with a mansard or other type roof shall be added to the end-caps adjacent to the primary access to the site. b. The east and west sides of the front portion of the buildings shall be all brick with a shake mansard roof. c. The south side of the building shall be all brick. . Any outdoor lighting fixtures shall not be erected any higher than 14 feet. According to Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini-warehouse premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. 5. There shall be no electric or diesel power generator or generator fueled by any other source of energy located outside of any building. , The storage units shall be used only for storage of non-hazardous goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 7. The building sign shall be individual non-internally illuminated letters mounted on the mansard roof. There shall be no freestanding sign and no other signage on the site. - ...... _- JACK RABBIT SELF-STOOGE Agenda Item #..14 .P'age. 3 8. The gate enclosing the site shall be wrought-iron style. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or on any fence enclosing the property. 9. There shall be no display, storage, or parking of commercial trucks or trailers in the front parking area between the main entrance gate and Providence Road. 10. The applicant shall construct a shared entrance with the adjacent property aligned with the Reon Drive/Providence Road intersection. The applicant shall also construct a left turn lane to serve these two properties and any other improvements to be determined during the site plan review process. Condition 10 requires a shared entrance with the adjacent property aligned with the Reon Drive/Providence Road intersection. At the time this condition was approved, the applicant believed the adjacent property owner would be agreeable to the shared entrance. However, the adjacent property owner has stated the shared entrance will interfere with needed turnaround area and building access on that property, and is not agreeable to sharing an entrance. As a result, the applicant is requesting to modify Condition 10 to eliminate the shared entrance requirement, but to allow for the possibility of sharing an entrance in the future. Public Works Traffic Engineering will determine the safest design for the entrance and any intersection improvements during the detailed plan review process. The following represent the significant issues identified by the staff concerning this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. Vehicular ingress and egress plan. JACK RABBIT SELF~STORAGE Agenda Item. # 1'4 Page. 4 Staff recommends approval of this request. Staff's evaluation of this request reveals the proposal, through the submitted materials, adequately addresses the 'Major Issue' identified above. Although a shared vehicular entrance would be ideal if it worked for the benefit of both property owners, the adjacent property owner has not agreed to this concept, making it impossible for the applicant to comply with the Condition 10. If the entrances cannot be shared, Traffic Engineering has determined the two entrances should be separated as much as possible to avoid traffic confusion. Staff recommends that Condition 10 be worded to provide for the future opportunity of a shared access point, but to also provide that the current access to the site and any other improvements to the intersection must be designed in a manner acceptable to Traffic Engineering to create the safest design possible to serve the two properties. This will be determined during the detailed plan review process. Staff, therefore, recommends approval of this request to modify Condition 10 as recommended below. Conditions 1. All conditions with the exception of Number 10 attached to the Conditional Use Permit granted by the City Council on September 25, 2001 and modified on March 11, 2003 remain in effect. 2. Condition Number 10 of the September 25, 2001 Conditional Use Permit is deleted and replaced with the following: The applicant shall work with the adjacent property owner to construct a shared entrance aligned with the Reon Drive/Providence Road intersection. If the shared entrance cannot be negotiated, the entrance to the subject site and any intersection improvements shall be designed as required by the City's Public Works Traffic Engineering Division during the detailed site plan review process. JACK RABBIT SELF,STOOGE Agenda Item.#.:14 · page 5 NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval See Section 220(g) of the City Zoning Ordinance for further information. i JACK RABBIT SELF-STORAGE Agenda Item.# 14 Page..6 Supplemental lnformation Map B-8,9 Mo Not. ~o Scole Rabbit Zoninq History )ODSTOCK ELEMENI ~Y B-2 Modifications of Conditions l# I DATE I REQUEST [ACTION 1 9-12-66 10-8-84 9-25-01 3-11-03 2 3-10-61 4-27-93 3 8-14-65 8-22-95 4 7-13-81 5 11-8-82 Rezoning (R-S3 Residential to C-L1 Commercial) Rezoning (B-2 Business to A-2 Apartment) Conditional Use Permit (mini-warehouse facility) Modification of Conditions to 9-25-01 CUP Conditional Use Permit (church) Conditional Use Permit (church expansion) Conditional Use Permit (church) Conditional Use Permit (church expansion) Conditional Use Permit (telecommunications tower) Rezoning (R-5 Residential to B-2 Business) Approved Withdrawn Approved Approved Approved Approved Approved Approved Approved Denied JACK RABBIT SELF,STO'~GE Agenda Item # 14 Page .7 3-21-83 6 4-23-90 7 2-27-78 7-10-78 8 7-12-77 12-12-78 3-12-79 1-28-80 8-25-80 9 11-8-65 11-8-65 Rezoning (R-5 Residential to O-1 Office) Rezoning (B-2 Business to R-40 Residential) Conditional Use Permit (mini-warehouses) Conditional Use Permit (mini-warehouse expansion) Subdivision Variance Subdivision Variance Subdivision Variance Subdivision Variance Subdivision Variance Rezoning (R-S3 Residential to C-L1 Commercial) Conditional Use Permit (gas station) Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved Approved Public A_ ency Comments Public Works Master Transportation Plan (MTP)/Capital Improvement Pro_qram (ClP): Providence Road in the vicinity of this application is a four lane divided minor urban arterial. The MTP designates this facility as a divided roadway with a bikeway within a 130-foot right-of-way. There are no projects listed for this section of Providence Road in the current adopted CIP. Traffic Calculations: Street Name Present Present Generated Traffic Volume Capacity Zoned Land Use z_ 14,800- 2,420 ADT 2§,000 Providence Road ADT ~ 22,800 ADT ~ Pro~oosed Land Use '- 159 ADT Average Daily Trips 2as defined by 4.4 acres of retail 3 as defined by mini-warehouse JACK RABBIT SELF-STORAGE Agenda Item # 14 page 8 Exhibits Exhibit A Aerial of Site Location JACK RABBIT SELF,STOOGE Agenda Item:# 14 Page. 9 . Exhibit A2 Aerial of Site Location (DETAIL) JACK RABBIT sELF'sToRAGE. Agenda Item #...14 Pag'e !.1.0 .. ... . . ... ... · .. Exhibit B Approved Use Permit Plan JACK RABBIT SELF-STORAGE Agenda Item # 14 Pagel.l ~01I~l]da~ ~;NOIiION03 ~I0 NOIi¥3I~tI(IOI~ Exhibit C Disclosure Statement JACK RABBIT SELF-STOOGE Agenda Item#..14 Page i'.!:2 Exhibit F Supplemental Information JACK RABBIT S:ELF-STO~GE Agenda Item.# 14 Page 1.3 Item # 14 Jack Rabbit Self-Storage An ordinance upon application of Jack Rabbit Self-Storage for a modification of a Conditional Use Permit for a mini-warehouse facility approved By City Council on September 25,2001 5950 Providence Road District 2 Kempsville January 14, 2004 CONSENT Dorothy Wood: The next item is Item #14, which is the Jack Rabbit Self-Storage. It's an application of Jack Rabbit Self-Storage for a Conditional Use Permit for a mini- warehouse facility. This was approved by the City Council in 2001 and it has two conditions. R.J. Nutter: Actually, this is a change of condition. There's a new Condition #10 and the new conditions are perfectly acceptable. Thank you. Dorothy Wood: Is there any opposition to this consent agenda item? I'm sorry Mr. Nutter, would you please state your name? R.J. Nutter: I'm sorry. For the record, my name is R.J. Nutter. I'm an attorney representing the applicant. This is the applicant John Aspinwall, who is the president of Jack Rabbit Self-Storage. Dorothy Wood: Thank you. R.J. Nutter: My pleasure. Dorothy Wood: Jan, would you please explain this item? Janice Anderson: Thank you. This is just a modification of conditions that were attached to a Conditional Use Permit for a mini-warehouse. The Use Permit was authorized back in September 25, 2001. They're changing one condition, which is condition number ten. That condition originally required that there be a shared entrance between the Jack Rabbit Storage and the adjacent side. That hasn't actually worked out so the condition will allow an access site on the Jack Rabbit Storage property. They' re just requesting if we could work it out with Traffic Engineering's request that the entrance be as far apart from the adjacent entrance on that road to avoid any traffic problems. That's an appropriate change and we're recommending approval. Dorothy Wood: Thank you. Mr. Ripley, I would move to approve this item on the consent agenda, Item #14 with the change to condition number ten. Ronald Ripley: We have a motion to approve this consent agenda item. Do we have a second? William Din: Second. Ronald Ripley: Seconded by Will Din. Any discussion? Eugene Crabtree: I need to abstain from Item #14. Ronald Ripley: Because? Eugene Crabtree: Because I'm an employee of Jack Rabbit Self-Storage, Inc. Ronald Ripley: Okay. Thank you. So noted. Does anybody else have any comments? We're ready to vote. AYE 8 NAY 0 ABS 1 ABSENT 1 ANDERSON AYE CRABTREE DIN AYE HORSLEY KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WOOD AYE ABS ABSENT Ronald Ripley: By a vote of 8-0 with the abstention noted, this consent agenda item passes. K. APPOINTMENTS BOARD OF BUILD~G CODE APPEAL- Plumbing/Mechanical COMMUNITY POLICY and MANAGEMENT TEAM - CSA AT-RISK YOUTH COMMUNITY SERVICES BOARD - CSB (nominated 02/03/04) Madelyn H. Reass M.J. Nero FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE - HREDA HUMAN RIGHTS COMMISSION MINIORITY BUSINESS COUNCIL OPEN SPACE COMMITTEE PARKS and RECREATION COMMISSION PUBLIC LIBKARY BOARD TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION-VBCDC II · · I I L. UNFINISHED BUSINESS II · I II I M. NEW BUSINESS N. ADJOURNMENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS v 0 I M B L C E S L DATE: 2/3/2004 D C M R C A W PAGE: I I J L A N R H N I E E O A D D E M U L W AGENDA Z U N N D O E I E S O ITEM # SUBJECT MOTION VOTE E R E A O R V D V O O L E S N X F E T A N D I. INFORMAL SESSION Il. CITY COUNCIL BRIEFING: Council Members: A ANNUAL MILITARY APPRECIATION JULY 4TM WEEKEND Rosemary Wilson Richard Maddox ill. BRIEHNGS: A. VMSM Exhibit Renovation Don Patterson, President, VMSM Foundation, Inc. Peter Sollogub, Principal Architect Catheryn B. AICUZ INTERIM GUIDELINES Whitesell, Director, Department of Management Services C. FIVE-YEAR FORECAST Catheryn Whitesell, Director, Department of Management Services IV/V/VI CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y I F MINUTES - APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y SPECIAL SESSION 1/20/04 INFORMAL/FORMAL SESSIONS 1/27104 G/H/F1 Ordinance to ACCEPT a gift of DVD ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y equipment/services from Nightingale Regional Air Ambulance for Fire Dept. 2 Ordinance re City Council Policy/Procedure re ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y lo~al pmpert~ tax exemption .,. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 2/3/2004 PAGE: 2 AGENDA ITEM # SUBJECT MOTION VOTE M C E S L D C M R C A W I J L A N R H N I E E O A D D E M U L W Z U N N D O E I E S O E R E' A O R V D V O O L E S N X F E T A N D 3 Resolution to REDEFINE mission of SDAC ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y J. APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S BOARD OF BUILDING CODE APPEALS - Plumbing/Mechanical COMMUNITY POLICY& MGMT TEAM - ! 1-0 Y Y Y Y Y Y Y Y Y Y Y CSA AT-RISK YOUTH Reappointed: 2 Years 1/1/04- 12131/05 Michael E. Sawyer COMMUNITY SERVICES BOARD 11-0 Y Y Y Y Y Y Y Y Y Y Y Council Selected to be appointed on 2/10/04 Madelyn H. Reass M. J. Nero FRANCIS LAND HOUSE BOARD OF 11-0 Y Y Y Y Y Y Y Y Y Y Y GOVERNORS Reappointed: 3 Years 1/1/04- 12/31/06 Glenda Knowles HAMPTON ROADS ECONOMIC 1 I-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT ALLIANCE Reappointed: I Year 1/1/04- 12/31/04 Eric A. Hauser Robert G. Jones Donald L. Maxwell Meyera E, Obemdoff HUMAN RIGHTS COMMISSION 11-0 Y Y Y Y Y Y Y Y Y Y Y Appointed: 3 Years 21310~- 1/31/07 Sylvia N. Stricldand Reappointed: 3 Years 2/3/04-1/31/07 Audrey Mills Gene A. Woolard MINORITY BUSINESS COUNC1L RESCHEDULED B Y C O N S E N S U S OPEN SPACE COMMITEE RESCHEDULED B Y C O N S E N S U S PUBLIC LIBRARY BOARD RESCHEDULED B Y C O N S E N S U S PARKS AND RECREATION RESCHEDULED B Y C O N S E N S U 'S COMMISSION CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 2/3/2004 PAGE: 3 AGENDA ITEM # SUBJECT MOTION VOTE D C M I J L A E E O A D Z U N N D E R E A O L E S N X o E S L R C A W N R H N I OIEI I IEISIoI RIVIDIVlOI OI SENIOR SERVICES OF SOUTHEASTERN 11-0 Y Y Y Y Y Y Y Y Y Y Y VIRGINIA (SEVAMP) Unexpired to 12/31/05 Comell Fuller Kevin B. Rack TIDEWATER REGIONAL GROUP HOME RESCHEDULED B Y C O N S E N S U S COMMISSION TOWING ADVISORY BOARD 11-0 Y Y Y Y Y Y Y Y Y Y Y Appointed: Unexpired plus 3 Years to 5/31/07 Barbara Yates VIRGINIA BEACH COMMUNITY 11-0 Y Y Y Y Y Y Y Y Y Y Y DEVELOPMENT CORPORATION (VBCDC) Appointed: 4 Years 1 / 1/04 - 12/31/07 Jeffrey L. Marks WETLANDS 11-0 Y Y Y Y Y Y Y Y Y Y Y Unexpired to 9/30/06 Bryan Plumlee K. UNFINISHED BUSINESS Briefings Continued: Robert Scott, Director, A. TAX RELIEF FOR THE ELDERLY Department of Planning Don Maxwell, Director, B. ECONOMIC DEVELOPMENT Department of INCENTIVES PROGRAM (EDIP) Economic Development; Robert Scott, Director, Department of Planning L/M ADJOURNMENT 7:15 P.M.