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AUGUST 10, 2004 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" COUNCIL MAYOR MEYERA E. OBERNDORF, Ai -Large VICE MAYOR LOUIS R. JONES. Bayside - Disrric! 4 HARRYE. DIEZ,FL, KempsWlle - Dacricl2 ROBERT M. DYER. Centerville- Dirnicr I REBA S. McCLANAN. Rose Hall - Districl 3 RICHARD A. MADDOX Beach - District 6 JIM REEVE. Princes Anne - District 7 PETER W SCHMIDT. At -large RO.NA. VILLANUEVA, At -Large ROSFkIARY R7LSON, Ai -Large JAMES L. WOOD. Lynnhaven -District 5 JAMES K. SPORE. Chv Manager LESLLE L. LILLEY. Cuy Attorney RUTH HODGES SMITH MMC4, Cm Clerk CITY COUNCIL AGENDA 10 August 2004 CIIYHALL BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E A4A1L:CrycnclCvbgov.com I. CITY MANAGER'S BRIEFING - Conference Room A. Corps of Engineers' Lynnhaven River Environmental Restoration Study Charles W. Meyer, Chief Operating Officer COUNCIL LIASION REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS INFORMAL SESSION - Conference Room A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 2:30 P.M. 4:00 P.M. FORMAL SESSION - Council Chamber 6:00 P.M. A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Lt. Commander Timothy J. Oswald Chaplain, Oceana Naval Air Station Chapel 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 INFORMAL AND FORMAL SESSION July 13, 2004 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA ORDINANCES/RESOLUTION Ordinance to AMEND and REORDAIN City Code §23-38 re destruction of property by any one who is not the owner. 2. Ordinance to AMEMD §35-64 of the City Code re Real Estate Tax exemption, deferral or freeze for elderly or disabled persons by revising eligibility criteria to conform with state law changes. Ordinance to EXTEND the term of the Memorandum of Understanding (MOU) between the City and Lyunhaven River 2007 re improvement of water quality, restoration and preservation of the estuary habitats in the river 4. Ordinance to AUTHORIZE the City Manager to execute a Deed of Release and Exchange re an Agricultural Lands Preservation Easement (ARP) on property owned Charles W. and Arlene C. Lewis, Jr. 5. Ordinance to AUTHORIZE a temporary encroachment to construct and maintain an irrigation pipe and sleeve into a portion of the City's right-of-way at Holly Road by PRINCESS ANNE COUNTRY CLUB. 6. Ordinance to ACCEPT $19,894 from the U.S. Department of Justice and APPROPRIATE $19,285 to the Police Department plus $609 to the Sheriffs Department re the purchase of bullet proof vests. Resolution to AUTHORIZE the City Manager to dispose of certain property, previou on loan to the City, and return the blue glass crystal collection to the Estate of Irving Kline. Application of the VIRGINIA BEACH DEPARTMENT OF PARKS and RECREATION for a Variance to §5B of the Site Plan Ordinance re improvements to the existing golf course at Red Wing Lake to extend water and sewer utilities to the site, construct new irrigation systems, new greens complexes, renovate cart path and improve the maintenance facilities at 1080 Prosperity Road. (DISTRICT 6 — BEACH) RECOMMENDATION: G17�:Z�]7\71 2. Application of MARRILYN L. DAVIS for a Conditional Use Permit for a home occupation (daycare) at 1432 Glenwood Links Lane (DISTRICT 1 — CENTERVILLE) RECOMMENDATION: APPROVAL 3. Application of CHECKERED FLAG MOTOR COMPANY for a Conditional Use Permit for bulk storage (vehicles) at 3177 Virginia Beach Boulevard. (DISTRICT 3 — ROSE HALL) RECOMMENDATION: APPROVAL Application of NORTH LANDING DEVELOPMENT, L.L.C. for a Change of Zoning District Classification from R-SD Residential Duplex District to Conditional1-1 and 1-2 Industrial Districts with P-1 Preservation District to accommodate manufacturing and warehouse uses on the west side of Holland Road, south of Shipps Corner Road. (DISTRICT 3 — ROSE HALL) RECOMMENDATION: APPROVAL 5. Applications of PLEASANT RIDGE AUTO PARTS, INC. re retail sales establishment specializing in auto parts and undefined future expansion: (DISTRICT 7 — PRINCESS ANNE) C'l I a. Chanyeof Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional B-2 Community Business District at 4164 West Ne Road b. MODIFICATION of Conditions re a Conditional Use Permit, (approved by City Council on November 24, 1998, in behalf of Mr. and Mrs. Philip Wayne Murden, Jr.) to remove the three -acre area requested for rezoning from the area encumbered by the 1998 Conditional Use Permit Deferred: RECOMMENDATION: June 22 & July 13. 2004 APPROVAL Applications of HIGHCOURT ASSOCIATES, L.L.C. at Holland and Princess Anne Roads: (DISTRICT 7 — PRINCESS ANNE) a. MODIFICATION of Conditions for a Change of Zoning District Classification approved by City Council on May 25, 1999 b. Change of Zoning District Classification from Conditional R-10 Residential District with Historic and Cultural District Overlay to Conditional R-10 Residential District with a PD-112 Planned Unit Development District Overlay and with Historic and Cultural District Overlay RECOMMENDATION: APPROVAL Application of ALCAR, L.L.C. for a Change of Zoning District Classification from A- 12 Apartment District and R-51) Residential Duplex District to Conditional A-18 Apartment District at Bonney Road and Windbrooke Lane. (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: APPROVAL CITY OF VIRGINIA BEACH Ordinances re Laskin Road Gateway: a. AMEND § 102 of the City Zoning Ordinance (CZO) re establishing the Laskin Road Gateway Overlay within the RT-3 Resort Tourist District b. ESTABLISH use regulations, dimensional requirements, sign regulations, off- street parking regulations and density restrictions in the RT-3 (LRG) Laskin Road Gateway Overlay District C. AMEND the official zoning map by ADDING of the Laskin Road Gateway Overlay District within the RT-3 District (zoning map) d. AMEND the Comprehensive Plan to include the Laskin Road Gateway Design Guidelines RECOMMENDATION: APPROVAL K. APPOINTMENTS DEVELOPMENT AUTHORITY HEALTH SERVICES BOARD PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) SOCIAL SERVICES BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNAMENT 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) a:tr�yr��rks�■ Agenda 08/10/04\sb www.vbgov.com 10 August 2004 CITY MANAGER'S BRIEFING - Conference Room 2:30 P.M. A. Corps of Engineers' Lynnhaven River Environmental Restoration Study Charles W. Meyer, Chief Operating Officer COUNCIL LIASION REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS 'WronluttLitt 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. u y�. ,.r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND CITY CODE SECTION § 23-38 PERTAINING TO DESTRUCTION OF PROPERTY MEETING DATE: AUGUST 10, 2004 ■ Background: Section §23-38 of the City Code currently classifies the unlawful destruction of property as a Class 1 misdemeanor. State law provides that unintentional acts, which damaged property, are punishable as Class 3 misdemeanors. ■ Considerations: Amending City Code §23-38 as proposed will conform the ordinance with the State Code. ■ Public Information: This ordinance will be advertised in the same manner other Council agenda items are advertised. ■ Recommendations: Adoption of Ordinance ■ Attachments: Ordinance Recommended Action: Adoption Submitting Department/Agency: City Attorney City Manage • 0� I AN ORDINANCE TO AMEND AND REORDAIN CITY CODE 2 SECTION 23-38 PERTAINING TO DESTRUCTION OF 3 PROPERTY 4 5 SECTION AMENDED: § 23-38 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 23-38 of the City Code is hereby amended and 10 recrdained, to read as follows: 11 Sec. 23-38. Damaging, defacing, etc., property generally. 12 a) If any person, unlawfully but not feloniously, akeS, 13 , destroys, defaces, �s damages or removes 14 without the intent to steal any property, real or personal, not his 15 own, he shall be guilty of a Class 1 3 misdemeanor. 16 b) If any person intentionally causes such injury, he shall 17 be guilty of a Class 1 misdemeanor if the value of or damage to the 18 property is less than $1 000.00. The amount of loss caused by the 19 destruction defacing damage or removal of such property may be 20 established by proof of fair market cost of repair or fair market 21 replacement value. Upon conviction the court may order that the 22 defendant pay restitution. 23 COM11fENT 24 This amendment changes the criminal classification of the destruction of property offense from 25 a Class 1 misdemeanor to a Class 3 misdemeanor, if the offense was unlawful but not intentional. 26 27 28 Adopted by the City Council of the City of Virginia Beach, 29 Virginia, on this day of , 2004. 1 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: Polic City torne 's ice CA-9299 H:\2A\GG\ORDRES\PROPOSED\23-38 ORD.DOC R2 - June 10, 2004 x CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the City Code Pertaining to Real Estate Tax Exemption, Deferral or Freeze for Elderly or Disabled Persons by Revising Eligibility Criteria to Conform with State Law Changes MEETING DATE: August 10, 2004 ■ Background: As authorized by state law, the City of Virginia Beach has adopted real estate tax exemption, deferral or freeze ordinances to assist elderly and disabled persons. State law also requires the City to establish income and net worth limits for persons seeking real estate tax relief. Currently, an applicant may have a net worth of up to $147,400 for the City's tax exemption or freeze programs, and a net worth of up to $195.000 for the deferral program. ■ Considerations: In the past, state law provided that the calculation of an applicant's net worth had to exclude the value of the applicant's home and up to one acre of surrounding land. Now, state law requires the City's ordinance to provide that the value of an applicant's home and up to ten acres of surrounding land be excluded when determining the applicant's net worth. The proposed ordinance makes the required changes to the appropriate section of the City Code. ■ Public Information: The ordinance is to be advertised as a routine agenda item. ■ Recommendation: Approval ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Age ln /cy: Real Estate Assessor City Manager. 5 - , 1) ( H:\PA\GGIORDRESIARF'S\Exemption Net worth ARF.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO AMEND CITY CODE PERTAINING TO REAL ESTATE TAX EXEMPTION, DEFERRAL OR FREEZE FOR ELDERLY OR DISABLED PERSONS BY REVISING ELIGIBILITY CRITERIA TO CONFORM WITH STATE LAW CHANGES SECTION AMENDED: § 35-64 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-64 of the City Code is hereby amended and reordained, to read as follows: 15 Sec. 35-64. General prerequisites to grant; effect of residency in 16 hospital, nursing home, etc. 17 18 (a) Either the exemption, deferral or freeze, but not more than 19 one (1), as provided for in this division shall be granted to 20 persons subject to the following provisions: 21 . . . 22 (5) For the tax exemption programs, the net combined financial 23 worth, including equitable interests, as of December thirty-first 24 of the year immediately preceding the taxable year, of the 25 owners, and of the spouse of any owner, excluding the value of 26 the dwelling and the land (not exceeding e+i ten acres) upon 27 which it is situated, shall not exceed one hundred forty-seven 28 thousand four hundred dollars ($147,400.00). 29 (6) For the tax freeze program, the net combined financial 30 worth, including equitable interests, as of December thirty-first 31 of the year immediately preceding the taxable year, of the 32 owners, and of the spouse of any owner, excluding the value of 33 the dwelling and the land (not exceeding e_ae -e ten acres) 34 upon which it is situated, shall not exceed one hundred forty- 35 seven thousand four hundred dollars ($147,400.00). 36 (7) For the tax deferral program, the total combined income 37 received from all sources during the preceding calendar year by: 38 (i) the owner or owners of the dwelling who use it as their 39 principal residence and (ii) the owner's or owners' relatives who 40 live in the dwelling, shall not exceed fifty-two thousand dollars 41 ($52,000.00) provided that the first eight thousand five hundred 42 dollars ($8,500.00) of income each relative, other than a spouse 43 of the owner, who is living in the dwelling, shall not be 44 included in such total; and provided further that the first seven 45 thousand five hundred dollars ($7,500.00) or any portion thereof 46 of income received by a permanently and totally disabled owner 47 shall not be included in such total. 48 (8) For the tax deferral program, the net combined financial 49 worth, including equitable interests, as of December thirty-first 50 of the year immediately preceding the taxable year, of the 51 owners, and of the spouse of any owner, excluding the value of 52 the dwelling and the land (not exceeding = ten acres) upon 53 which it is situated, shall not exceed one hundred ninety-five 54 thousand dollars ($195,000.00). 55 (9) The dwelling is occupied. 56 . . . 57 COMMENT 58 State law establishes income and net worth limits for elderly or 59 disabled persons seeking real estate tax relief. Currently, an applicant 60 may have a net worth of up to $147,400 for the City's tax exemption or 61 freeze programs, and a net worth of up to $195,000 for the deferral 62 program. 63 64 In the past, state law provided that the calculation of an applicant's net 65 worth had to exclude the value of the applicant's home and up to one acre 66 of surrounding land. Now, state law requires the City's ordinance to 67 provide that the value of an applicant's home and up to ten acres of 68 surrounding land be excluded when determining the applicant's net 69 worth. The proposed ordinance makes the required changes to the 70 appropriate section of the City Code. 71 72 73 Adopted by the City Council of the City of Virginia Beach, 74 Virginia, on this day of , 2004. CA-9311 OID/ordres/proposed/35-64 ord.doc R3 July 2, 2004 APPROVED AS TO CONTENTS: v �O al Estate A essor APPROVED AS TO LEGAL SUFFICIENCY: �, City Attorne 's Office k3 ;ems s. i . CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Approve the Extension of the Term of the Memorandum of Understanding Between the City of Virginia Beach and Lynnhaven River 2007 to August 31, 2005. MEETING DATE: August 10, 2004 ■ Background: On September 2, 2003,the City Council adopted an ordinance authorizing the City Manager to execute a Memorandum of Understanding ("MOU") with Lynnhaven River 2007 ("LR2007") a private non -stock, corporation with a tax-exempt status. LR2007 was formed for the purpose of supporting and enhancing the City's existing programs and other future programs, services, facilities and technology as they relate to the improvement of water quality and the restoration and preservation of estuary habitats in the Lynnhaven River (the "Lynnhaven River 2007 Project'). The term of the MOU expires on August 31, 2004. The term may be extended for one year with the approval of City Council. ■ Considerations: City staff recognizes the benefits of its association with LR 2007. The original terms and conditions of the MOU will continue to be in full force and effect with the exception of the due dates and amount of the semi-annual installment payments required to be paid by LR 2007. These payments reimburse the City for a portion of the hours the Executive Director (who is a city employee) devotes to his or her work for LR 2007. The amount of the payments will increase from $14,400 to $15,000 semi- annually, for a total sum of $30,000. The new due dates will be December 1, 2004 and June 1, 2005. The city employee will continue to be a "loaned executive" who shall devote no more than16 hours (of his or her normal work week) per week to LR2007 at the offices of LR2007. ■ Public Information: Public Information will be handled through the normal agenda process. ■ Recommendations: Adopt the Ordinance approving the extension of the term of the MOU for one year expiring on August 31, 2005. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Parks and Recreation City Manager:��J p ORDINANCE NO. 1 AN ORDINANCE TO APPROVE THE 2 EXTENSION OF THE TERM OF THE 3 MEMORANDUM OF UNDERSTANDING 4 BETWEEN THE CITY AND LYNNHAVEN RIVER 5 2007 TO AUGUST 31, 2005 6 WHEREAS, on September 2, 2003, the City Council adopted an ordinance 7 authorizing the City Manager to enter into a Memorandum of Understanding ("MOU") with 8 Lynnhaven River 2007 ("LR 2007") for the purpose of supporting and enhancing the City's existing 9 programs and other future programs, services, facilities and technology as they relate to the 10 improvement of water quality and the restoration and preservation of the estuary habitats in the 11 Lynnhaven River (the "Lynnhaven River 2007 Project"); 12 WHEREAS, the City recognizes and acknowledges that its association with LR 2007 13 has been beneficial to the City's interests in the enhancement, restoration and preservation of the 14 estuary habitats in the Lynnhaven River; 15 WHEREAS, the term of the MOU will expire on August 31, 2004, and the approval 16 of City Council is required to extend the term thereof; and 17 WHEREAS, the City and LR2007 wish to assure the continuing success of the 18 Lynnhaven River 2007 Project by extending the term of the MOU for an additional year expiring on 19 August 31, 2005. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 24 25 26 27 28 29 That the Memorandum of Understanding between the City and LR2007 is hereby extended for an additional one-year term expiring August 31, 2005. 2. That all other terms and conditions of the Memorandum of Understanding shall remain in full force and effect, except that (i) the due dates for the semi-annual installments required to be paid by LR2007 shall be December 1, 2004 and June 1, 2005. and (ii) the amount of the semi-annual installments shall be $15,000 each for a total sum of $30,000. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2004. CA-9323 F:\Users\VValldej\WP\13ZA\LR2007.ord2.wpd R-1 07/13/04 APPROVED AS TO CONTENT: Depaarnento & Recreation 2 APPROVED AS TO LEGAL SUFFICIENCY: Tj City Attorney's Office 00-E'` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Authorizing and Directing the City Manager to Execute a Deed of Release and Exchange Pertaining to an Agricultural Lands Preservation Easement (Property of Charles W. Lewis, Jr. and Arlene C. Lewis) MEETING DATE: August 10, 2004 ■ Background: In October 2002, Charles W. Lewis, Jr. and Arlene C. Lewis, the owners of a parcel of land located on Blackwater Road, placed the property in the City's Agricultural Reserve Program (ARP). As part of the transaction, the property owners reserved, for future development, two (2) three -acre building sites. Mr. And Mrs. Lewis now desire that City release the ARP easement from the two reserved sites and, in exchange, place the easement on another portion of the property not presently under an ARP easement. ■ Considerations: The attached preliminary subdivision plat shows the areas that would be exchanged. The respective areas are approximately equal in area. The appraiser who appraised the property for the original ARP purchase has stated by letter dated April 29, 2004 that there is no difference in the market value of the two sites. Section 11 of the Agricultural Lands Preservation Ordinance expressly allows exchanges of the type sought by the applicants, and states that the City Council shall allow such exchanges under certain conditions. Those conditions, which are set forth in the attached ordinance as findings of the City Council, are as follows: (1) the acquisition of the proposed Preservation Easement in lieu of the existing Preservation Easement does not adversely affect the City's interests in accomplishing the purposes of the Ordinance; (2) the proposed Preservation Easement area meets all of the eligibility requirements set forth in Section 7 of the Ordinance; (3) the land to be encumbered by the proposed Preservation Easement is of at least equal fair market value, is of greater value as permanent open space, and of as nearly as feasible equivalent usefulness and location for use as permanent open -space land as the property on which the existing Preservation Easement is located; and (4) the consideration for the acquisition of the new Preservation Easement consists solely of the extinguishment of the existing Preservation Easement. The proposed ordinance authorizes and directs the City Manager to execute a Deed of Release and Exchange pursuant to which of the 3-acre sites reserved for future development is exchanged for another reserved site. Such direction is subject to the City Attorney's determination that there are no defects in title to the property to be placed under the ARP Easement or other restrictions or encumbrances thereon which may, in the opinion of the City Attorney, adversely affect the City's interests. ■ Public information: No special form of advertising is required ■ Alternatives: The City Council may deny the proposed exchange if it finds that the requirements specified above have not been met. ■ Recommendations: Adoption of the ordinance allowing the exchange of reserved sites. ■ Attachments: Preliminary subdivision plat Survey showing existing and proposed areas reserved for future development. Recommended Action: Approval Submitting Department/Agency: Agriculture Department, City Manager: VUU 1 AN ORDINANCE AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE A DEED OF RELEASE 3 AND EXCHANGE PERTAINING TO AN AGRICULTURAL 4 LANDS PRESERVATION EASEMENT LOCATED ON LAND 5 OF CHARLES W. LEWIS, JR. AND ARLENE C. LEWIS 6 7 WHEREAS, on December 19, 2001, the City of Virginia Beach 8 (hereinafter "the City") and Charles W. Lewis, Jr, and Arlene C. 9 Lewis (hereinafter "Lewis") entered into Installment Purchase 10 Agreement Number 2001-37, whereby the City acquired an 11 Agricultural Lands Preservation Easement (hereinafter 12 "Preservation Easement") upon certain property owned by Lewis; 13 and 14 WHEREAS, as part of the aforesaid transaction, Lewis 15 reserved for future development two building sites having a 16 combined area of 6.0 acres, more or less, such that the 17 Preservation Easement does not encumber the area reserved for 18 future development; and 19 WHEREAS, Lewis desires to exchange an area of land not 20 encumbered by the Preservation Easement for an equal area of 21 land which is to be encumbered by the Preservation Easement, as 22 shown on the attached "Preliminary Subdivision of Property of 23 Charles W. Lewis, Jr. & Arlene C. Lewis," dated October 27, 2003 24 and prepared by Gallup Surveyors & Engineers, Ltd.; and 25 WHEREAS, pursuant to Section 11 of the Agricultural Lands 26 Preservation Ordinance (hereinafter "Ordinance"), a landowner 27 may petition the City Council for the extinguishment of a 28 Preservation Easement in exchange for the conveyance to the City 29 of a Preservation Easement on a different portion of the 30 landowner's property, under certain conditions set forth in the 31 Ordinance; and 32 WHEREAS, the Ordinance provides that the City Council shall 33 approve such an exchange if it makes certain findings enumerated 34 in the Ordinance; and 35 WHEREAS, the City Council does hereby make such findings, 36 to -wit: 37 (1) the acquisition of the proposed Preservation 38 Easement in lieu of the existing Preservation Easement does 39 not adversely affect the City's interests in accomplishing 40 the purposes of the Ordinance; 41 (2) the proposed Preservation Easement area meets all 42 of the eligibility requirements set forth in Section 7 of 43 the Ordinance; 44 (3) the land to be encumbered by the proposed 45 Preservation Easement is of at least equal fair market 46 value, is of greater value as permanent open space, and of 47 as nearly as feasible equivalent usefulness and location 48 for use as permanent open -space land as the property on 49 which the existing Preservation Easement is located; and 2 50 (4) the consideration for the acquisition of the new 51 Preservation Easement consists solely of the extinguishment 52 of the existing Preservation Easement. 53 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 54 CITY OF VIRGINIA BEACH: 55 That subject to the determination of the City Attorney that 56 there are no defects in title to the property to be placed under 57 the Preservation Easement or other restrictions or encumbrances 58 thereon which may, in the opinion of the City Attorney, 59 adversely affect the City's interests, the City Manager be, and 60 hereby is, authorized and directed to execute a Deed of Release 61 and Exchange pursuant to which the City releases the existing 62 Preservation Easement on a portion of the property, as shown on 63 the aforesaid preliminary subdivision plat, and acquires, in 64 exchange therefore, land equal in area to be placed under the 65 Preservation Easement, as shown on such preliminary subdivision 66 plat. 67 68 Adopted by the City Council of the City of Virginia Beach, 69 Virginia, on this day of , 2004. 70 CA-9262 71 OID\ordres\ARP\Lewisexchangeordin.doc 72 July 28, 2004 73 R-1 74 75 76 3 77 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: m 79 M@ City Attorney's Office ra § | b \ d kk � �•;; q A§ r SIRE; ƒ § ; | 2 m ! ; |� | .a_• � � -14 Ns 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment Request to construct and maintain 6" PVC irrigation pipe and sleeve for Princess Anne Country Club MEETING DATE: August 10, 2004 ■ Background: Princess Anne Country Club, a Virginia corporation has requested permission to encroach into a portion of the City's right of way located at Holly Road. The purpose of this encroachment is to construct and maintain a 6" PVC irrigation pipe and sleeve. ■ Considerations: Staff has reviewed the requested encroachment and recommended approval of same, subject to certain conditions outlined in the agreement. ■ Public Information: Advertisement of City Council Agenda. ■ Alternatives: Approve the encroachment as requested, deny the encroachment, or add conditions as desired by Council. ■ Recommendations: Staff recommends approval of this encroachment subject to the applicant complying with conditions set forth in the agreement. Authorize City Manager to sign agreement. ■ Attachments: Ordinance, Location Map, Agreement and Pictures Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate % City Manager: E—. 1 �L_ XAProjectslEncroach 1Princ a Anne Country Club — Irrigation Pipe etc. Unkhom Dr. - RAIMAGENDA.FORM.doc I Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE RIGHT OF WAY 6 LOCATED AT HOLLY ROAD, BY 7 PRINCESS ANNE COUNTRY CLUB, A 8 VIRGINIA CORPORATION, ITS 9 ASSIGNS AND SUCCESSORS IN 10 TITLE 11 12 WHEREAS, Princess Anne Country Club, a Virginia corporation, desires to 13 construct and maintain a 6" PVC irrigation pipe and sleeve within the City's right of way 14 located at Holly Road. 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's rights of way subject to such terms and conditions as Council may prescribe. 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Princess Anne Country Club, 22 a Virginia corporation, its assigns and successors in title are authorized to construct and 23 maintain a temporary encroachment for a 6" PVC irrigation pipe and sleeve in the City's 24 right of way as shown on the map entitled: "PRINCESS ANNE COUNTRY CLUB 3800 25 PACIFIC AVENUE VIRGINIA BEACH, VA 23451 6" IRRIGATION PIPE 26 ENCROACHMENT IN HOLLY ROAD RIGHT-OF-WAY" a copy of which is on file in the 27 Department of Public Works and to which reference is made for a more particular 28 description; and 29 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 30 subject to those terms, conditions and criteria contained in the Agreement between the 31 City of Virginia Beach and Princess Anne Country Club, a Virginia corporation, (the 32 "Agreement"), which is attached hereto and incorporated by reference; and 33 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 34 is hereby authorized to execute the Agreement; and 35 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 36 time as Princess Anne Country Club, a Virginia corporation, and the City Manager or his 37 authorized designee execute the Agreement. 38 Adopted by the Council of the City of Virginia Beach, Virginia, on the 39 day of 2004. 0 41 PPROVED AS TO CONTENTS 42 C•O G 43 dKGNATURE 44 PLO ka) Cr ckib 45 DEPARTMENT 46 47 APPROVED AS TO LEGAL 48 S F IENCY AND FORM 49 50 CI A 51 CAgaSA 52 X:1ProjectsW=ncroachm9MslPrinwes Anne Country Club — Irrigation Pipe etc. Ltnkhorn Dr. - RAB1OrdinanceYnn.doc 2 i' PREPARED BY VIRGINIA BEACH ;CITY ATIORNEY'S OFFICE `EXEMPTED FROM RECORDATION TAXES THIS AGREEMENT, made this 20th day of July, 2004, by and between the OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ANNE COUNTRY CLUB, A VIRGINIA CORPORATION, ITS ASSIGNS AND IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of designated and described as "RESERVED FOR CLUBHOUSE PRINCESS ANNE CLUB C" as shown on that certain plat entitled: "MAP OF LINKHORN PARK OF VIRGINIA BEACH DEVELOPMENT CO. AND ADJACENT as recorded in Map Book 5, at page 151, 3 of 3, in the Clerks Office of the Court of the City of Virginia Beach, Virginia and being further designated and described 3800 Sea Pines Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 6" PVC pipe and sleeve, "Temporary Encroachment", in the City of Virginia Beach; i WHEREAS, in constructing and maintaining the Temporary Encroachment, it is I necessary that the Grantee encroach into a portion of an existing City right of way known as l Holly Road "The Encroachment Area"; and li WHEREAS, the Grantee has requested that the City permit a Temporary jEncroachment within The Encroachment Area. i ' 'GPIN 2418-94-2388 f NOW, THEREFORE, for and in consideration of the premises and of the benefits �i j ;accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in i `hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the jl jGrantee permission to use The Encroachment Area for the purpose of constructing and i maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be and maintained in accordance with the laws of the Commonwealth of Virginia and City of Virginia Beach, and in accordance with the City's specifications and approval and is particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "PRINCESS ANNE COUNTRY CLUB 3800 PACIFIC AVENUE VIRGINIA BEACH, V IRGINIA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment authorized terminates upon notice by the City to the Grantee, and that within thirty (30) 1 !days after the notice is given, the Temporary Encroachment must be removed from The iI Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such II iiremoval. It is further expressly understood and agreed that the Grantee shall indemnify and i 1hold harmless the City, its agents and employees, from and against all claims, damages, losses land expenses including reasonable attorneys' fees in case it shall be necessary to file or defend ii an action arising out of the location or existence of the Temporary Encroachment. i It is further expressly understood and agreed that nothing herein contained shall i be construed to enlarge the permission and authority to permit the maintenance or construction of 2 !any encroachment other than that specified herein and to the limited extent specified herein, nor i to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. ii The Grantee will provide endorsements providing at least thirty (30) days 3 I I I' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Princess Anne Country Club, a Virginia corporation, has caused this Agreement to be executed in its corporate name and on its behalf by Jock R. Wheeler, President. Further, that the City of Virginia Beach has caused this Agreement CI to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk PRINCESS ANNE COUNTRY CLUB, a Vi ginia co r kio i Jock R. ler, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me thisA04t Iday of ,CCJ(. , 2004, by DESIGNEE OF THE CITY MANAGER. j My Commission Expires:\ 1 CITY MANAGER/AUTHORIZED Notary Public 9 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: �i The foregoing instrument was acknowledged before me this day of 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA �i BEACH. is Notary Public My Commission Expires: STATE OF CITYhe6b T-Y OF Vtlzkol WA G94cgto-wit: The foregoing instrument was acknowledged before me thisob-t" day of ' tl c , 2004, by Jock R. Wheeler, President, on behalf of Princess Anne Country Club, a Virginia corporation. Notary Public My Commission Expires: (,- 31 -Cio APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFIECIENCY AND FORM i IGNS ATURE i Pi, h(P) DEPARTMENT II X:TrojectsXEncroachments\Princess Anne Country Club — Irrigation Pipe etc. Linkhorn Dr. - RAMAgreement.Frm cloc 0 170'd Oz_' -h+101 m `r-x vn� c�oGo O�D >0WN 4gO a) -il �n D Z OZ. _D Z Z \ DZm 0 <= DZ Nm ZI O W "< U) N U mo U30 a� IJ-i O oot o�u O (A 3 o D o O p U � F 2 A n N 0 3 -to EXHIBIVV' I - .,� 17• �f l9'C(-)-D d .9 (3N)NII .9 Ad01 dONC i� Lipp - -Monom :itl M ANI HIMISS ]S'. ;.. ; r6 4 :.t { � r ^ J31N1 018D Z000 0 O 0 F. > n 0 i II i I oLo >= CO r T r ml� Do > 1 O �: i.:; r. • I •-•.,-:•=,��. yet '•,•,r Il 11(LI ' `�-(:::..� ;i ��, i..i A:' fVpI I: �00 211�'1J!i, 1 i l^ {� go '17 s s08 IP 13'INI dOND aMln0 d0 r _j 0L 'A313 O.L 3A, RJO N ' OIR- _' --NJf10!!l is ANI ?:• _ - - - - rl ' \ ' !t. , c9.9 eo LYIt-NM wpm Eoll fo • d CC •G.GI fi1.lfA�_fi T-JJ4 WMO� <WC)-v o°� G)003 WWT1 Dn_ cmi) zw ir->n =< z zm m m O DC n O Nm c Z W cn i Q < 2 ir0 fro �+ N r x x II L' II o n CD Ul O 9 r I I rn C'n 0 0 0 0 N O 0 0 0 O + 0 0 co O I I O� Ln EXHIBIT "A" cn o 1 1 u I x � (n 0 O z Z -� cn OD m X O { MZ o. m O D I o. Z j I om Q i A I Z Z 'NO rri- InN 0 I OOP. mz n yX NM OX. ,D(n Z mE i� oz '00 \\ rC) m O O ' \ Z \ < 1 .II L � o � O Cn N o On O oLL 0 "i�. _< `a,-.y.escyr. -. `'•-tip RESOLUTION OF THE BOARD OF DIRECTORS OF PRINCESS ANNE COUNTRY CLUB The undersigned, Secretary of Princess Anne Country Club, a Virginia Corporation, certifies that the Board of Directors of said corporation passed a Resolution as follows: WHEREAS, the Board of Directors of Princess Anne Country Club ('PACC") has been presented with the attached proposal relating to the financing (including an assessment of the membership and changes in monthly charges) and construction of a new club house and supporting structures (the 'Proposal"); and WHEREAS, at a special meeting of the members entitled to vote (the "Voting Members") held on June 5, 2002, 85% of the Voting Members of PACC who voted approved the Proposal, 12.7% of those who voted opposed the Proposal and 2.3% of those who voted elected to abstain; and WHEREAS, the Board of Directors has determined that the Proposal was approved by a sufficient number of Voting Members who voted in excess of a majority such that moving forward with the Proposal would be in the best interest of PACC; and WHEREAS, PACC will derive substantial benefits, both direct and indirect, from the implementation of the Proposal; and WHEREAS, the Board of Directors of PACC has determined that it is in the best interests of PACC to approve, adopt, and implement the Proposal. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors and officers of PACC and each of them hereby is authorized, empowered and directed in the name and on behalf of PACC to take any action necessary to fully implement the Proposal pursuant to the terms and conditions outlined therein with such modifications thereto as they deem appropriate; and be it further RESOLVED that the President of PACC be, and hereby is, authorized and directed to implement the Proposal as it may be modified from time to time and to enter into any and all documents he or any other officer of PACC may deem necessary in connection therewith, and to take such other actions as he or any other officer of PACC may deem necessary or advisable in order to effectuate the Proposal as it may be modified from time to time; and be it further RESOLVED that the Board of Directors of PACC hereby authorizes and directs the officers of PACC to take any and all actions as they, or any of them, shall deem necessary or advisable to carry out the intent and purpose of the Proposal as it may be modified from time to time; and be it further RESOLVED that all of the actions of the Board of Directors or officers of PACC heretofore or hereafter taken or done, that are in conformity with the intent and purposes of the foregoing resolutions are in all respects ratified, approved and confirmed. This / day of 2004. SEAL) 4ecTQVr&O� 4L { ' L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Accepting $19,894 from the U. S. Department of Justice and Appropriating $19,285 to the Police Department and $609 to the Sheriff's Department FY 2004-05 for the Purchase of Bullet Proof Vests MEETING DATE: August 10, 2004 ■ Background: The federal Bulletproof Vest Partnership Program provides partial reimbursement funds for bulletproof vests purchased by police agencies. The Virginia Beach Police Department and Sheriff's Department both apply for funds through this federal reimbursement grant as a combined agency. During 1999 through 2003, the Police Department and Sheriff's Department purchased vests that can be applied to this program. The City will continue to apply annually for this grant for vest purchases made through 2004. The Police Department has been awarded $19,894 in grant funds by the U.S. Department of Justice to reimburse the City for a portion of the bulletproof vests purchased on or after March 1, 1999. Under the current grant, the Police Department will receive $19,285 and the Sheriff's Department will receive $609. ■ Considerations: These funds will be used to purchase additional replacement vests. The Police Department and Sheriff's Department have a replacement schedule of five years in accordance with the manufacturer's warranty period. These funds will assist the departments in meeting that replacement schedule. There are no matching funds required by the city. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: Accept the grant award of $19,894 and appropriate $19,285 to the Police Department and $609 to the Sheriff's Department. ■ Attachments: Ordinance Grant Award e-mail Recommended Action: Approval Submitting Department/Agency: Police Department City Manage H:\Policy and Admin G v\Ords\ARFs\BVP Revised Agenda Item.DOC 1 2 3 AN ORDINANCE TO ACCEPT $19,894 FROM THE U.S. 4 DEPARTMENT OF JUSTICE AND APPROPRIATE $19,285 5 TO THE POLICE DEPARTMENT AND $609 TO THE 6 SHERIFF'S DEPARTMENT FOR THE PURCHASE OF 7 BULLET PROOF VESTS 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1. That $19,894 is hereby accepted from the U.S. Department 12 of Justice for the purpose of reimbursing the City for 13 the purchase of bulletproof vests, with federal revenue 14 increased accordingly in the FY 2004-05 Operating Budget. 15 2. That, to pay for additional bulletproof vests, $19,285 16 is hereby appropriated to the Police Department's FY 17 2004-05 Operating Budget and $609 to the Sheriff's 18 Department's FY 2004-05 Operating Budget. 19 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the day of , 2004. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY zr- Management Services City Attorney's ffice CA9326 July 29, 2004 R-2 H:\Policy and Administration\Gen Gov\Ords\BPV Ordinance.DOC BVP - Jurisdiction Status Page 1 of 1 Section 6. Status > Current Status > Jurisdiction Current Status one ;r 1121-0235 (Expires: 10/31/2006) Virginia Beach City, VA This "Status" page shows any pending actions that must be completed prior to program deadlines. It also provides you with payment(s) status for tracking your requests for approved funds. - Red Xis indicate your attention is needed in order to complete a task for action. Current Status FY2004 Application Status Application Application approved on 06/08/D4 for View Details $19,893.88. Balance Summary Total Amount Awarded $102,769.18 Total Payments Made $82,875.30 Payments on Hold $0.00 Amount Available for Additional Requests $19,893.88 L CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A RESOLUTION AUTHORIZING THE CITY MANAGER TO DISPOSE OF CERTAIN CITY PROPERTY MEETING DATE: August 10, 2004 ■ Background: In 1981 Mr. Irving Kline donated a large collection of blue glass crystal to the City of Virginia Beach. ■ Considerations: The City Manager has reviewed various options for displaying the collection, which now resides in the Pavilion. However, space constraints have limited the City's ability to keep the collection on display. For similar reasons the Contemporary Arts Center declined an offer to display the collection. Consequently, the City Manager is requesting authorization from Council to dispose of the blue glass crystal collection by returning it to the estate of Irving Kline. ■ Public Information: To be advertised as part of the City Council's agenda. ■ Attachments: Resolution Recommended Action: Approval (� Submitting DepartmentlAgency: Convention and Visitors Bureau City Manager: L,g41(21 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO 2 DISPOSE OF CERTAIN CITY PROPERTY 4 5 WHEREAS, in 1981 Mr. Irving Kline donated a blue glass crystal 6 collection to the City of Virginia Beach; and 7 WHEREAS, the City Manager has reviewed various options for 8 displaying the collection, and has been unsuccessful in finding a 9 suitable location for displaying the collection. i0 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA; 12 That the City Manager is hereby authorized to dispose of the 13 blue glass crystal collection by returning it to the estate of 14 Irving Kline. i5 16 Adopted by the City Council of the City of Virginia Beach, 17 Virginia, on this day of , 2004. APPROVED AS TO CONTENTS: CA-9322 OID/ordres/blueglass res.doc R3 - July 30, 2004 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney' Office' NOTICE OF PUBLIC HEARING 8E Vrgi*ra Beac- City Courc.1 wi;! meat ie ,he Chamber at City Hai% Yu,c. a f pal Center, 2401 Courthouse 6,:.e. Tuesday. August 10, 2004, at 6:00 ....� i p.m. The following applicaGcns W! be heard: U DISTRICT 1- CENTERVILLE • •1. Marniyn L. Davis Application Conditional Use Permit for a home occupation ;daycarel at 1432 Glen. yq w wood Links Lane. DISTRICT 3 - ROSE HALL 2. North Landing Development. L.L.C. Application: Change of Zon- me District Classification from R-51) Residential Duplex to Conditional 1-1 and 1-2 Industrial and P-1 Preservation on the west side of Holland Road, approximately 500 feet south of Shipps Comer Road. T!he Comprehensive Plan designates this area as Strategic Growth Area 11 (West Holland Area), suitable for non-residential uses consistent with the Comprehensive Plan's policies for this area. 3. Checkered Rag Motor Car Company Application: Conditional Use Permit for bulk storage (vehicles) at 3177 Virginia Beach Boulevard. DISTRICT 6 - BEACH 4. Ciity of Virginia Beach. Department of Parks and Recreation Appli- cation: Variance to Section 5B of the Site Plan Ordinance at 1080 Prosperity Road. DISTRICT 7 - PRINCESS ANNE 5. Highcourt Associates, L.L.C. Application: Change of Zoning District Classification from Conditional R-SO Residential with Historic and Cul- tural District Overlay to Conditional R-10 Residential with a PD-H2 Planned Unit Development District Overlay and with Historic and Cul- tural District Overlay at the northeast intersection of Holland Road and Princess Anne Road. The Comprehensive Plan designates ;his site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. 6. Highcourt Associates. L.L.C. Application: Modification of Condi- tions for a Change of Zoning District Classification approved by City Council on May 25. 1999 (BG Construction Corp.) at the northeast intersection of Holland Road and Princess Anne Road. DISTRICT 2 - KEMPSVILLE 7. ALCAR, LLC.Application: Chance of Zoning District Classification from A-12 apartment and R-5D Residential Duplex to Conditional A-18 Apartment on the south side of Bonney Road, approximately 100 feet west of Windbrooke Lane. The Comprehensive Plan designates th;s site as being part of the Primary Residential Area, suitable for appro- prately located suburban residential and non-residential uses consis- tent with the policies of the Comprehensive Plan. CITY OF VIRGINIA BEACH S. Ordinance to amend Section 102 of the City Zoning Ordinance by establishing the Laskin Road Gateway Overlay District within the RT-3 Resort Tourist District. 9. Ordinance establishing use regulations, dimensional requirements, sign regulations, off-street parking regulations and density restrictions in the RT-3 (LRG) Laskin Road Gateway Overlay District. 10. Ordinance to amend the official Zoning map by the addition of the Laskin Road Gateway Overlay District. 11. Ordinance to adopt the Laskin Road Gateway Design Guidelines as an amendment to the Comprehensive Plan. DISTRICT 7 - PRINCESS ANNE 12. Pleasant Ridge Auto Pars, Inc. Application: Change of Zoning Dis- trict Classification from AG-1 and AG2 Agricultural Distncts to Condi- tional B-2 Community Business District on property located at 4164 West Neck Road 13. Pleasant Ridge Auto Parts, Inc. Application: Modification of Con, ditions for a Conditional Use Permit approved by City Council on November 24, 1998 (Mr. & Mrs. Philip Wayne Murden, Jr.) on property located on the northwest comer of Princess Anne Road and West Neck Road. All interested citizens are invited to attend. Ruth Hodges Smith, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning. For information call 4274621. If you are Physically disabled or visually impaired and need assis- tance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303. Hearing impaired, call: TDD only at 427- 305. (TDD Telephonic Device for the Deaf). BEACON: JULY 25, 2004 & AUGUST 1. 2004 11712172 1 06/12/89 REZONING from AG-1 Agriculture to R-10 Granted Residential 2 03/12/90 CONDITIONAL USE PERMIT for retirement Granted community 08/27/91 Reconsideration of Conditions Granted 03/24/98 Reconsideration of Conditions Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach, Floodplain Variance for Red Wing Golf Course MEETING DATE: August 10, 2004 ■ Background: An Ordinance upon Application of the City of Virginia Beach, Department of Parks and Recreation for a Variance to Section 5B of the Site Plan Ordinance. Property is located at 1080 Prosperity Road (GPIN 24250955700000). DISTRICT 6 — BEACH ■ Considerations: The City of Virginia Beach is requesting this variance for Capital Improvement Program Project #4-042 — Red Wing Lake Golf Course Improvements. This project is for improvements to the existing golf course at Red Wing Lake by extending water and sewer utilities to the site, new irrigation systems, new greens complexes, cart path renovations and improvements to the maintenance facilities. The Virginia Beach Department of Parks and Recreation has operated the Red Wing Lake Golf Course since it first opened in 1971 on land leased from the Commonwealth of Virginia. After many years of discussion and negotiation, the City of Virginia Beach recorded the Deed of Sale and Deed of Property Settlement for Red Wing Lake in July 2002. Because of concerns over ownership and commitments for infrastructure, improvements and renovations to the course have been prudently delayed. As a result, course infrastructure needs to be brought up to a higher standard than currently exists in order to meet the recreational needs of our citizens. Much of the golf course is located on land that is below the floodplain elevation of 6.5 feet mean sea level (msl). The golf course needs to be redesigned to correct a variety of problems with drainage and flooding during minor storm events. In 2002, the course was closed for 59 days; in 2003, 100 days (24 for clean up after Hurricane Isabel); in 2004, the course has been closed 33 days to date. Fill is proposed for some of the existing greens, tees and fairways within the floodplain. Staff recommended approval, subject to the attached conditions. There was no opposition to the request. City of Virginia Beach — Red Wing Golf Course Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to unanimously approve this request with the following conditions: The filling operation shall be in conformance with the exhibit entitled "Flood Plain Surface Are Filling Map, Red Wing Lake Golf Course Improvements CIP 4-042" dated July 10, 2004 and on file with the Virginia Beach Planning Department. The stormwater management system shall be installed in conformance with the exhibit entitled 'Red Wing Lake Golf Course Propose Improvements; Capital Improvements Program Project Number: CIP 4- 042, Public Works Contract Number: PWCN-4-0144", on file with the Virginia Beach Planning Department. The portion of the site zoned 1-2 Industrial District shall be rezoned to P-1 Preservation District. ■ 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: IG L10-210-FVR-2004 CITY OF VIRGINIA BEACH Agenda Item # 14 July 14, 2004 Public Hearing Staff Planner: Barbara Duke 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 Iq REQUEST: Floodolain Variance to Section 5B of the Site Plan Ordinance that does not permit any filling operations, including filling with material excavated from the same floodplain, in the floodplain associated with bays, creeks, lakes, guts, coves, wetlands, marshes and swamps and their tributaries comprising the Back Bay watershed south of South Birdneck Road and east of Princess Anne Road and General Booth Boulevard. LOCATION: Property located at 1080 Prosperity Road GPIN: 2425095570;2425292360 CITY OF VIRGINIA BEACH -- REDWING Agenda Item # 14 Page 1 COUNCIL ELECTION DISTRICT: 6 - BEACH SITE SIZE: 364.93 acres EXISTING LAND USE: Red Wing Municipal Golf Course SURROUNDING North: . Dam Neck Naval Station / 1-2 Industrial District LAND USE AND South: . Redwing Lake ZONING: East: . Dam Neck Naval Station / 1-2 Industrial District West: . Vacant Property / P-1 Preservation District NATURAL The site is 364.9 acres in size, with 347.6 of those acres occupied by RESOURCE an 18-hole municipal golf course. 244.3 acres of the golf course are AND within the floodplain associated with Red Wing Lake in the Back Bay CULTURAL watershed. There are extensive wooded wetland areas throughout FEATURES: the golf course property. AICUZ: The site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana. } Summary of Proposa The City of Virginia Beach is requesting this variance for Capital Improvement Program Project #4-042 — Red Wing Lake Golf Course Improvements. This project is for improvements to the existing golf course at Red Wing Lake by extending water and sewer utilities to the site, new irrigation systems, new greens complexes, cart path renovations and improvements to the maintenance facilities. The Virginia Beach Department of Parks and Recreation has operated the Red Wing Lake Golf Course since it first opened in 1971 on land leased from the Commonwealth of Virginia. After many years of discussion and negotiation, the City of Virginia Beach recorded the Deed of Sale and Deed of Property Settlement for Red Wing Lake in July 2002. Because of concems over ownership and commitments for infrastructure, improvements and renovations to the course have been prudently delayed. As a result, CITY OF VIRGINIA BEACH -- REDWING Agenda Item # 14 Page 2 course infrastructure needs to be brought up to a higher standard than currently exists in order to meet the recreational needs of our citizens. Much of the golf course is located on land that is below the floodplain elevation of 6.5 feet mean sea level (msl). The golf course needs to be redesigned to correct a variety of problems with drainage and flooding during minor storm events. In 2002, the course was closed for 59 days; in 2003, 100 days (24 for clean up after Hurricane Isabel); in 2004, the course has been closed 33 days to date. Fill is proposed for some of the existing greens, tees and fairways within the floodplain. • Total Surface Area of Golf Course = 347.61 acres • Total Surface Area within the Floodplain = 244.32 acres • Total Surface Area covered by Fill within the Floodplain = 23.86 acres • Percentage of Floodplain Surface Covered by Fill = 9.7 percent Extensive improvements to the stormwater drainage system are also being proposed. Four existing lakes will be expanded, three new lakes will be created and six new wetland drainage areas will be added. The lakes will be hydraulically connected by pipes and will serve as additional volume for floodwaters. In addition, there will be a 0.89-acre area above the floodplain elevation of 6.5 feet msl, located east of the 8tn hole, which will be excavated to provide additional flood storage. In total, post - developed storage volume will increase due to the drainage improvements proposed. Existing 100-year floodplain storage volume = 3,686,499 Cubic Feet (CF) or 84.63 Acre -Feet (AC -FT) Post Developed 100-year floodplain storage volume = 4,178,547 Cubic Feet (CF) or 95.93 Acre -Feet (AC -FT) Post Developed, additional 100-year floodplain storage volume = 176,058 CF or 4.04 AC -FT. The Site Plan Ordinance requires that mitigation be provided at a one for one replacement for the flood storage volume of the floodplain filled and that the areas of mitigation or replacement must be contiguous to the existing floodplain. All of the 4.04 acre-feet of additional storage volume noted above is located within the existing floodplain and therefore does not meet the criteria for mitigation as defined by the ordinance. A floodplain variance is necessary to allow the amount of fill proposed (9.7% of the existing area of the floodplain on the property) to be deposited and to allow the mitigation within the existing floodplain. CITY OF VIRGINIA BEACH -- REDWING Agenda Item # 14 Page. 3 4Fd Comprehensive Plan The Comprehensive Plan recognizes open space and recreational areas as an integral part of a well-balanced and quality community. Staff Evaluation Staff recommends auoroval of this request. Section 5B.8.(a) states that "no floodplain variance shall be granted by the Council unless it finds that: 1. Such variance will not create or result in unacceptable or prohibited increases in flood heights, additional threats to public safety, extraordinary public expense, nuisances, fraud or victimization of the public. 2. The granting of such variance will not be detrimental to other property in the vicinity. 3. The circumstances giving rise to the variance application are not of a general or recurring nature. 4. Such circumstances arise from the physical character of the property or from the use or development of adjacent property and not from the personal situation of the applicant. 5. The granting of such variance will not be in conflict with any ordinance or regulation of the city." Staff concludes that the application meets all of the above criteria. The golf course, built in1971, predates the floodplain ordinance. The proposed fill within the floodplain is due to the physical character of the property, as it is a renovation of an existing recreational use. The proposed fill will not be detrimental to other property in the vicinity. Section 5B.8.(f) provides additional guidance in the evaluation of floodplain variance applications. The section notes that "no variance shall be granted by the Council unless the following performance standards are met: CITY OF VIRGINIA BEACH -- REDWING Agenda Item # 14 Page 4 1. Filling shall be limited to the smallest volume and area possible. 2. F000dplain storage capacity shall be mitigated at a one-to-one ratio of storage capacity created for area filled to ensure no net loss of storage occurs as result of filling. 3. All floodplain mitigation shall be located on the project site and shall be located contiguous to the existing floodplain. 4. The general characteristics and functions of the floodplain shall not be adversely affected. 5. Wetlands protection and buffer area requirements set forth in section 7 of the Southern Watersheds Management Ordinance (Appendix G) are met or a variance therefrom is granted." The application clearly meets Standards 1, 2, 4, and 5. As to Standard 3, Staff notes that this particular performance standard was adopted as part of the floodplain ordinance with a certain type of development contemplated — that development being traditional commercial and residential construction rather than open space and recreational activities. Traditional commercial and residential construction involves development that creates impervious surfaces, such as buildings, dwellings or roads which, when built, increase stormwater runoff. An open space or a recreational use such as a golf course is usually not associated with any new impervious surfaces and any filling within the floodplain usually does not increase stormwater runoff, which is the case with the current proposal for Red Wing. Staff concludes that the intent of the standard is met, partly because no impervious area is being created. This fact, combined with the overall improvement to the stormwater management for the site, enhances the function of the floodplain. Further, the applicant has exceeded the performance standard provided in Item 4. This, combined with the fact that the golf course is an open space use, opened in 1971, pre -dating the floodplain ordinance, and the fact that the only work being done is to improve the existing golf course, not to add on to the course, leads Staff to conclude that this request is acceptable and that the standards for approval as set out in the Site Plan Ordinance have been met. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions The filling operation shall be in conformance with the exhibit entitled "Flood Plain Surface Are Filling Map, Red Wing Lake Golf Course Improvements CIP 4-042" dated July 10, 2004 and on file with the Virginia Beach Planning Department. 2. The stormwater management system shall be installed in conformance with the exhibit entitled "Red Wing Lake Golf Course Propose Improvements; Capital CITY OF VIRGINIA BEACH -- REDWING Agenda Item # 14 Page 5 Improvements Program Project Number: CIP 4-042, Public Works Contract Number: PWCN-4-0144", on file with the Virginia Beach Planning Department. 3. The portion of the site zoned 1-2 Industrial District shall be rezoned to P-1 Preservation District. NOTE. Further conditions may be required during the administration of applicable City Ordinances. CITY OF VIRGINIA BEACH -- REDWING Agenda Item # 14 Page 6 "AL. T VN' IDOO C m p�•aOV i S.Yp� nE _ ¢¢a a m E 0 m e ` u�t Riff-2 CrE� E _�.� �I� ae• �A�_n`.�m�s.E o�i `08 it V d Ao c�oc qBE am m �D`€�E i Lp G m q C CC mp QQoo pa y4_t�so m20 � rd' P i Fi gA' IJ--mQy a_`�a.e yB Et' •n h� orgy • �'h �SI I cm$> '��jjj Fs Sad• mCC 'co N 12 pp pp J s As S m E n U D c IV I Witt LS"c� ;z s E n� gg 0 t O m L t I S E �y 4 V C ��n3'z�J fQi U � n Pay IQ Exhibit B Disclosure L $ Statement Z?= KOI, V)rlddV H3NMv`VA NMdQ0073 r Z W i F F N W N 0 U N •% g. m v o A 0 I o S n nA o a it c c o a a c C m y N C O� t G Y O iyi� li 4C —p c ayiq 1 a y l E? 4 m c �4 I c O onp ASS � ems_ I w o V=�➢� ,f ie 0� ��ss� me a`.mi 66C m.. 1 Z4 8'a D ,LJ €L < p D i � oFS 0 3 o RR c m 3 v S! C D D i L L VpS = 9 y e0- N i❑ U=�- IN �❑ _a CITY OF VIRGINIA BEACH -- REDWING Agenda Item # 14 Page, 9 Item #14 City of Virginia Beach An Ordinance Upon Application of the City of Virginia Beach Department of Parks & Recreation for a Variance to Section 513 of the Site Plan Ordinance. 1080 Prosperity Road District 6 Beach July 14, 2004 REGULAR Joseph Strange: The next item is Item #14, the City of Virginia Beach. An Ordinance upon Application of the City of Virginia Beach, Department of Parks and Recreation for a Variance to Section 5B of the Site Plan Ordinance. Property is located at 1080 Prosperity Road. Dorothy Wood: Yes sir. Mike White: My name is Mike White. I work for Public Works Engineering. I want to thank you for this opportunity to speak and I would also like to thank Barbara Duke who's been valuable in assisting us to get here today. I also have here with me Kevin Tucker. Kevin Tucker is the golf course architect currently under contract with the City. He's the lead consultant. I'm just going to hit the high points. We're applying for a flood plain variance. If you could move to the flood plain surface area filling map, which we also have a copy of and I believe everyone has a copy of that in your packet. In our application it states that the golf course needs to be redesigned to correct a variety of problems with drainage and flooding during minor storm events. It further states that in 2002 the course was closed for 59 days, 2003 it was closed for 100 days, 24 after the cleanup after Hurricane Isabel and in 2004, the courses has been closed for 33 days to date. So one of the big problems out there at Red Wing Lake Golf Course is the drainage system, which was built 20 plus years ago basically doesn't work. So, in order to increase the number of days that golfers can play out there and also increase revenue to the City, we are going to in essence elevate the greens, tees, and fairways. Flood plain surface area map that we put together and if you could look on the volume calculation table, which I believe you all have. It's right underneath the graphics there. The first area on the volume calculation table we have gone in and calculated the existing 100 year flood plain storage volume, which in civil engineering terminology is 84.63 acre feet. We've also gone in and calculated the post developed or after we complete our development the 100 year flood plain storage volume is actually going to be increased from 84.63 to 95.93 acre feet. So, the way the flood plain ordinance is written it only it basically looks at if you fill in the flood plain, it only evaluates the fill that is placed in the flood plain. We also have another exhibit and it's called the "proposed improvements". I think we have that graphic. I don't know who's running the Power Point there. Right here. In the proposed improvements, in the legend we've shown the existing lakes, the proposed lakes and then proposed wetlands and then also piped Item #14 City of Virginia Beach Page 2 connection between lakes. And, the existing inner application, it states. There are four existing lakes that will be expanded. And, you can see the existing lakes and then around the perimeter of the existing in that exhibit, we've shown that basically by way of a different shading the expansion of the those lakes. We are also going to add three new lakes and six new wetland drainage areas are going to be added. So, the new lakes of course are the darker blue and then the proposed wetlands, which in some cases the wetlands are in conjunction with the lakes and then we have piped connection between the lakes. We also brought with us this exhibit and this exhibit illustrates closest to Red Wing Lake. We're adding a new lake to the golf course. And, this cross sectional view illustrates how we'll have the lake and then we're going to have wetlands benching areas either side of these lakes. We've been working very closely with Mr. Scarper of the Planning Department and also Nancy McIntyre of Development Services to basically go in and enhance the habitat of the environment in this area and then also to ensure that the stormwater is going to be directed into the lakes that they would have a very good system, which basically allows sediments, the fertilizers and those kind of things to settle out and then these wetland benched areas will also help clarify the water. In addition, you can see the heavy red lines illustrate that the proposed stormwater system is going to be interconnected. Meaning that there's kind of dual benefit here. If Red Wing Lake was to basically if there's a storm event which would exceed the normal water levels, the course would basically dump into Red Wing Lake. Basically, if a stormwater event occurs the storm hits the course, goes through the lakes, goes out into Red Wing Lake. If there is exceptional flooding because we are directly connected to Red Wing Lake we're actually going to allow the stormwater to back up into our system. Therefore, there is no adverse impact to any of the residents that are in the flood plain area. In addition, I failed to mention and if you go back to the flood plain surface filling map up on the top, that's the top right hand corner, we have in that exhibit, there's kind of a blue shaded area, which is going to be a new wetland area. That is actually outside of the current flood plain and that will be hydraulically connected to the flood plain and we are actually giving back its about 4 acres -feet of additional stormwater storage. So, anyway that kind of sums of what we're doing out there. As stated in the staff evaluation, there is no adverse impact to the flood plain or the residents in Red Wing Lake. We've agreed to follow the conditions and with that if anyone has any questions, we'll glad to answer those. Dorothy Wood: Are there any questions? Mr. Knight. Barry Knight: I'd like to cut this down to simple terms. It looks like you have the need to get some flooding off this golf course. And the way that you've done it is that you've created a larger, better BMP system. Mike White: That is correct sir. Barry Knight: So, it looks like you're going to facilitate the golf course and you're going to make the environment healthier and you're going to make it look better. Item #14 City of Virginia Beach Page 3 Mike White: That's absolutely right. Dorothy Wood: Thank you. Eugene Crabtree: I can attest Dot from that this course really needs work. Its wet out there when we go out there to play golf. The only thing you've done is made more traps for my golf balls to land there but water. I have water magnets. Dorothy Wood: Mr. Ripley. Ronald Ripley: Of the 23 acres that is covered by fill within the flood plain, how much of that land is already fairways that are being utilized or approximately how much? Percentage wise? Mike White: All of it. All of the area and if you go back to the flood plain surface area filling map and on that exhibit you can see the tan or the brown color. That represents the tees, greens and fairways. So, basically we are digging lakes, using the fill from the lakes to elevate the tees, greens and fairways. So, the actual playing area will be set and actually I think it's at elevation five, which is the FEMA, the 100-year elevation per FEMA. The URS, which did a stormwater study, they actually set it at 6.5. So, tees, greens, and fairways will be filled. Then if you go back to the proposed improvements basically we're going to dig lakes, wetlands to offset that fill. So basically, we're displacing that volume so there is no adverse impact to any of the residents on Red Wing Lake. Ronald Ripley: As far as the flow into Red Wing Lake you have some sort of structure that's going to control the level of water. Mike White: Yes sir. A level control structure and basically, we're doing a stormwater model with SWMM. Basically we've obtained the timed staged data from Public Works Stormwater off Red Wing Lake and we're modeling that to make sure that everything is in compliance with what Public Works Engineering needs. Ronald Ripley: Thanks Mike White: You're welcome sir. Dorothy Wood: Thank you. Are there any other questions? Thank you sir. Mike White: Thank you ma'am. Dorothy Wood: Are there any other speakers? Joseph Strange: No speakers. Item # 14 City of Virginia Beach Page 4 Dorothy Wood: Discussion please. Barry, I guess you really made it in a few sentences. Was that in the form of a motion? Barry Knight: Absolutely. Eugene Crabtree: I'll second it. Dorothy Wood: Thank you. A motion by Barry, seconded by Gene Crabtree. Is there any other discussion? AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSO ABSENT] ABSENT Ed Weeden: By a vote of 10-0, the application for the City of Virginia Beach by Parks and Recreation has been approved by the Board. Dorothy Wood: Thank you. Map D-11 p'.a? �• m Scola 4 - \V -I0 ` OODLIN \ 4� .,`-`\ kid / ✓� / m a No recent zoning history to report. 0 L.] .w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Marrilyn L. Davis — Conditional Use Permit — home occupation (daycare) MEETING DATE: August 10, 2004 ■ Background: An Ordinance upon Application of Marrilyn L. Davis for a Conditional Use Permit for a home occupation (daycare) on property located at 1432 Glenwood Links Lane (GPIN 14750003850000). DISTRICT 1 — CENTERVILLE ■ Considerations: The applicant currently operates a daycare for five children in the existing single- family residence. The applicant proposes to provide care for not more than ten children on a full time basis. The applicant notes that she would employ one person to assist her if she has over 8 children. The ages of the children would be 16 months to five years. Hours of operation would be from 7:00 A.M. to 6:00 P.M Monday through Friday. The applicant is currently proceeding with certification with Social Services for the additional number of children. Staff hasVetermined that the request is in keeping with the recommendations of the Comprehensive Plan for the area. Family daycare homes are essential within the City to provide for affordable daycare in a home environment setting. The request is compatible with the surrounding residential neighborhood. The children will be under constant supervision. When the children are outside, they will be contained within the confines of the rear yard, which is enclosed with a privacy fence. This should minimize the impact on adjacent residential uses. Planning Commission placed this item on the consent agenda because it is the expansion of an existing use, encourages the availability of affordable daycare in this area, and there was no opposition to the request. Staff recommended approval. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: Marrilyn Davis Page 2 of 2 The family day care shall be limited to a total of 10 children during a single 24-hour period. Of the 10 children, no more than five (5) may be under the age of two and one half (2-1/2) years old. 2. There shall be no signs anywhere on the property advertising the family day care. 3. Parking for customers and employees shall be met on the site and not on the public street. 4. The applicant shall obtain all necessary permits and inspections required by the Fire Department, Social Services and Permits and Inspections Division of the Planning Department before obtaining a business license. 5. The applicant shall maintain a family day care license with the Commonwealth of Virginia (Social Services). Failure to maintain a family day care license shall result in revocation of the use permit for family day care. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. ��-- ^^-- II Submitting DepartmenttA ency: Planning Department*p City Manager: r• ^^"" as D11-210-CUP-2003 MARRILYN L. DAVIS •�. f;' Agenda Item # 6 July 14, 2004 Public Hearing Staff Planner: Karen Prochilo 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 Day Care LOCATION GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: Property located at 1432 Glenwood Links Lane. 14750003850000 1 - CENTERVILLE 13772 square feet "'"'"" .. Marril n L. Davis �. on1Qo�.;.a a -10 Oho d C� 0\Q i EXISTING The property is currently developed with a single-family dwelling and LAND USE: zoned R-10. MARRILYN L. DAVIS Agenda Item # 6 Page 1 SURROUNDING North: • Single-family dwellings / R-5D Residential District LAND USE AND . Across Glenwood Links Lane are single-family ZONING: South: dwellings / R-10 Residential District East: • Single-family dwellings / R-10 Residential District West: • Single-family dwellings / R-10 Residential District NATURAL RESOURCE AND CULTURAL The property is developed with a single-family residence and FEATURES: contains residential landscaping. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana. M G'r Summary of Proposa The applicant operates a family day care in the existing single-family residence for five children. The applicant proposes to provide care for not more than ten children on a full time basis. The applicant notes that she would employ one person to assist her if she has over 8 children. The ages of the children would be 16 months to five years. Hours of operation would be from 7:00 AM to 6:00 PM Monday through Friday. The applicant is currently proceeding with certification through Social Services. Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Consistency with the Comprehensive Plan recommendations for this area. • Compatibility with the surrounding uses. MARRILYN L. DAVIS Agenda Item # 6 Page 2 I' Comprehensive Plan The Comprehensive Plan designates this area as a Primary Residential Area. Homes for people with special needs and family care homes (home day care providers) that meet the requirements established in the City Zoning Ordinance are appropriate conditional uses within residential and other defined zoning districts. These are necessary uses that are appropriately located within residential areas as long as the size, scale and number of these facilities are not so great that they cause undue impacts on the neighborhood. Staff Evaluation Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are (1) The request is in keeping with the recommendations of the Comprehensive Plan for the area. Family day care homes are essential within the City to provide for affordable daycare in a home environment setting. Appropriate conditions should minimize any undue impacts within the neighborhood. (2) The request is compatible with the surrounding residential neighborhood. The children will be under constant supervision. When the children are outside, they will be contained within the confines of the rear yard, which is enclosed with a privacy fence. This should minimize the impact on adjacent residential uses. Staff, therefore, recommends approval of this request subject to the conditions below. MARRILYN L. DAVIS Agenda Item # 6 Page 3 Conditions The family day care shall be limited to a total of 10 children during a single 24- hour period. Of the 10 children, no more than five (5) may be under the age of two and one half (2-1/2) years old. 2. There shall be no signs anywhere on the property advertising the family day care. 3. Parking for customers and future employees shall be met on the site and not on the public street. 4. The applicant shall obtain all necessary permits and inspections required by the Fire Department, Social Services and Permits and Inspections Division of the Planning Department before obtaining a business license. 5. The applicant shall maintain a family day care license with the Commonwealth of Virginia (Social Services). Failure to maintain a family day care license shall result in revocation of the use permit for family day care. 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 MARRILYN L. DAVIS Agenda Item # 6 Page 4 No recent zoning history to report. Supplemental Information Zoning History MARRILYN L. DAVIS Agenda Item # 6 Page 5 Public Agency Comments Public Works Master Transportation Glenwood Links Lane is a residential street in an Plan (MTP) established neighborhood with little traffic. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 2 Glenwood Links Lane NIA ADT' NIA ADT' 10 Proposed Land Use 3-20 �..,y.. , -"' 'as defined by single family dwelling ' as defined by family day care Public Utilities Water and There is a 4-inch water line and an 8-inch sewer main in Glenwood Sewer: Links Lane fronting the site. The site has an existing water meter, which may be used or upgraded. The site is connected to City water and sewer. School: I Not applicable — No comments. Public Schools 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: A Fire Department inspection will be required for the Social Services license. MARRILYN L. DAVIS Agenda Item # 6 Page 6 Exhibit B Site Survey All.'. C)Y' •rtl the rnNr.,Fr.�n un rho. nlaraM that rF. rlrlr liw. ud 1M IwYF iIFe bJG an n demonmrFr. e�tl L• Yil4lnp . aed , r1atF TnF•� rt. mi. Lne• awe ih.r. a.r m..�•n..n r. �JJ1nl. eR�rA. mea"t O£SU / - S 47 U pIVJ F. SISyVF � Op r: y. s 4i a•av ''�': Tc� N,'� y Sf �6cH+ e 46 46 F \ } GLENWOOD LINKS LANE c- .n tea.. o- w.ovA.lmo.c.w aLGW w1 WV M fl!.O va eF,d SCf ,t C' •WaNY, NOi I �a+^.vi.T. wlrtl.W9 w:.Olr'r.EVlm :! �rqr W w�4r wr MfrYtT wr :0. mJ aIR^tllwifT" PHYSICAL SURVEY OF LOT 47, GLENWOOD LINKS FOR•'e.•c.n. WILLIMBER J. DAVIS AND MARRILYN L. DAVIS VIRGINIA BEACH. VIRGINIA i LE 1 •JJ a•JGJ511tY i JOHN E. SIRINE AND ASSOCIATES. LTD. SURVEYORS r E\G'INEERS • PL I.NERS 'IIPGIN•.: Gp,r, %11 o 5 MARRILYN L. DAVIS Agenda Item # 6 Page 8 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the fallowing: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) At L/; s 2. List all businesses that have a parent -subsidiary' or affiliated business ent ty2 relationship with the applicant: (Attach list if necessary) L11)Nr Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 4/, //r ir) pel- - Lc«i,4,1 Ay" 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) I Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes coa penal use Parma A vicat n ?ago 10 of 11 Remsed 2n 912004 Exhibit C Disclosure Statement MARRILYN L. DAVIS Agenda Item # 6 Page 9 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on tpt subject property at least 30 days prior to the scheduled public hearing accordjffg to the instructi n n this package. / rants Siar2fituml Print Name (Si^mi✓. � t �r^^rC � Property Owner's Signature (it different than applicant) Print Name Cmd1li cal Ux Permit Appl,=W Page l l of 11 R""d 2t9,2004 w z 0 1—= A O V MARRILYN L. DAVIS Agenda Item # 6 Page 10 Item #6 Marrilyn L. Davis Conditional Use Permit 1432 Glenwood Links Lane District 1 Centerville July 14, 2004 CONSENT Dorothy Wood: Our next item as you heard is our consent agenda. I'll ask the Vice Chair, Will Din to handle this for us please. William Din: Thank you Ms. Wood. Today we have, I believe 9 items for consideration on the consent agenda. As I call each of the items, will the representative or applicant please come up to the podium, state your name, your relationship to the application and state if you've read the conditions, if you have conditions on these items and state that you either agree or disagree with those conditions. So the first item that I have on the consent agenda is Item #6. This is Marrilyn L. Davis. An ordinance from Ms. Davis for a Conditional Use Permit for a home occupation (daycare) on the property located at 1432 Glenwood Links Lane. This is the Centerville District. Marrilyn Davis: Good afternoon. I'm Marrilyn Davis the applicant and I have read and understand and agree. William Din: There are five conditions there. Marrilyn Davis: Yes sir. William Din: Okay. Is there any opposition to this consent item? Hearing none. Thank you Ms. Davis. Marrilyn Davis: Alright. Thank you. William Din: Our normal process here is that one of our Planning Commissioners will explain why we have placed it on consent. Ron Ripley is going to cover this item. Ronald Ripley: The Planning Commission felt this was an item to be placed on the consent agenda because it is a very clean application. The applicant currently operates by right a day care in her home and she wants to increase it from five to ten children. Basically, the Comprehensive Plan encourages this because it does encourage affordable daycare for residents living in the area. This seems to be a problem obviously within our society and this is something that we think serves our citizens well. So, the Planning Commission looked at this and reviewed it and feel that it ought to be on consent. Item #6 Marrilyn L. Davis Page 2 William Din: Thank you Ron. Madame Chair, I would like to make a motion to approve the consent agenda consisting of Item #6 Marrilyn L. Davis with five conditions. Donald Horsley: Second. Dorothy Wood: A motion by our Vice Chair Will Din and seconded by Don Horsley. AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSO ABSENTI Ed Weeden: By a vote of 10-0, thisconsent agenda item passes. ABSENT Zoning History J MOUi! .� � � • ;f r-pRV/.lip•" �; j CUP for: BULK STORAGE 1 06/11/02 Conditional Use Permit (motor vehicle sales and Granted service) 2 02/27/01 Conditional Use Permit (motor vehicle sales and Granted service) 3 06/13/00 Conditional Use Permit (motor vehicle rentals) Granted 4 09/14/99 Conditional Use Permit (motor vehicle sales and Granted service) 5 10/14/97 Conditional Use Permit (motor vehicle sales and Granted service) 6 04/24/89 Conditional Use Permit (tower) Granted 09/09/85 Conditional Use Permit (group home) Granted 09/09/85 Change of Zoning (B-2 Community Business Granted District to R-6 Residential District) 07/13/87 Conditional Use Permit (church) Granted 7 07/13/87 Change of Zoning (A-2 Apartment District to B-2 Granted Community Business District) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Checkered Flag Motor Car Company — Conditional Use Permit (bulk storage — vehicles) MEETING DATE: August 10, 2004 ■ Background: An Ordinance upon Application of Checkered Flag Motor Car Company for a Conditional Use Permit for bulk storage (vehicles) on property located at 3177 Virginia Beach Boulevard (GPIN 1497041957). DISTRICT 3 — ROSE HALL ■ Considerations: The applicant is requesting a Conditional Use Permit for bulk storage to utilize the existing parking area on the Open Door Chapel's property for the temporary storage of motor vehicles. The application indicates that these vehicles will be located on this site for short-term storage until space is available at the Checkered Flag sales site. The applicant's representative has indicated that the church is considering improvements to this site. If and when those improvements commence, the vehicles will be removed from this site. The exact time frame for the church's improvements is not known but is estimated at five (5) years. This site is surrounded by high -density residential and commercial uses. Staff has conditioned the approval that additional screening be installed to further shield the existing parking lot from the adjacent residential uses. Category VI landscaping (solid fence with evergreen shrubs) is required surrounding all storage areas. The applicant has indicated that a Board of Zoning Appeals variance will be sought for relief to this requirement as a fence surrounding the entire storage area is viewed as excessive. Conditions have been placed on the approval of this request to improve the condition of the existing fencing and landscaping and provide some screening from the parked cars to the residents of the townhomes and apartments. The use of this site as "bulk storage" for the parking of vehicles to be sold off -site is viewed as appropriate as long as all storage remains on existing paved areas. In addition, this use is viewed as temporary as the applicant has indicated that the church will be renovating the site in the future, as noted above. Staff recommended approval. There was no opposition to the request. Checkered Flag Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to approve this request with the following conditions: Along the western and southern property lines, Category VI landscaping shall be installed where none currently exists. 2. All fencing currently in a state of disrepair shall be replaced with fencing to match that of the existing fence. 3. Parking and/or storage of any motor vehicles on grassed areas shall be prohibited. 4. The storage of motor vehicles on this site shall be limited to five (5) years with an annual administrative review. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency. Planning Department im City Manager: (�$A H07-218-CUP-2004 RED FLAG MOTOR CAR COMPANY �•� Agenda Item # 12 ~• ""°� July 14, 2003 Public Hearing Staff Planner: Carolyn A.K. Smith 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: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE: Conditional Use Permit for bulk storage. Property located on 3177 Virginia Beach Boulevard. 14940419570000 3 — ROSE HALL 7.13 acres CHECKERED FLAG Agenda Item # 12 Page 1 EXISTING LAND USE: Church SURROUNDING . Virginia Beach Boulevard, mixed retail / B-2 LAND USE AND North: Community Business District ZONING: South: • Apartments / A-18 Apartment District • Townhouses, apartment, mixed retail & office / B-2 Community Business District and A-12 Apartment East: District with a Historic & Cultural District Overlay Apartments, mixed retail & office / A-18 Apartment West: District, B-2 Community Business District NATURAL RESOURCE AND CULTURAL There are no significant environmental features on the site as it is FEATURES: almost entirely impervious. AICUZ: The site is in an AICUZ of 65 to 70dB Ldn surrounding NAS Oceana. Summary of Proposa The applicant is requesting a Conditional Use Permit for bulk storage to utilize the existing parking area on the Open Door Chapel's property for the temporary store of motor vehicles. The application indicates that these vehicles will be located on this site for short-term storage until space is available at the Checkered Flag sales site. The applicant's representative has indicated that the church is considering improvements to this site. When those improvements commence, the vehicles will be removed from this site. The exact time frame for the church's improvements is not known but is estimated at five (5) years. NOTE: During Staffs field investigation of the site, it was found that there are container units on the property being used for storage. Use of containers for storage in this manner requires a use permit. This matter has been turned over to the Zoning Section for action and is not part of this request. CHECKERED FLAG Agenda Item # 12 Page 2 Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. Compatibility with the surrounding land uses. Consistency with the Comprehensive Plan. Comprehensive Plan The Comprehensive Plan recognizes this area as "Primary Residential." The Plan acknowledges that nonresidential uses make up part of the Primary Residential Area. The character of the Primary Residential Area must be protected while preserving the economic value and aesthetic quality of stable neighborhoods. Staff Evaluation Staff recommends approval. Staffs evaluation of this request reveals the proposal, through the submitted materials, adequately addresses each of the 'Major Issues' identified above. The proposal's strengths in addressing the 'Major Issues' are (1) The site is surrounded by high -density residential and commercial uses. Staff has conditioned the approval that additional screening be installed to further shield the existing parking lot from the adjacent residential uses. Category VI CHECKERED FLAG Agenda Item #.12 Page 3 landscaping (solid fence with evergreen shrubs) is required surrounding all storage areas. The applicant has indicated that a Board of Zoning Appeals variance will be sought for relief to this requirement as a fence surrounding the entire storage area is viewed as excessive. The use of this site as "bulk storage" for the parking of vehicles to be sold off -site is viewed as appropriate as long as all storage remains on existing paved areas. In addition, this use is viewed as temporary as the applicant has indicated that the church will be renovating the site in the future. (2) The Comprehensive Plan does recognize that nonresidential uses that are supportive of the community are acceptable within the Primary Residential Area. Conditions have been placed on the approval of this request to improve the condition of the existing fencing and landscaping and provide some screening from the parked cars to the residents of the townhomes and apartments. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. Along the western and southern property lines, Category VI landscaping shall be installed where none currently exists. 2. All fencing currently in a state of disrepair shall be replaced with fencing to match that of the existing fence. 3. Parking and/or storage of any motor vehicles on grassed areas shall be prohibited. 4. The storage of motor vehicles on this site shall be limited to five (5) years with an annual administrative review. 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 CHECKERED FLAG Agenda Item # 12 Page 4 Supplemental Information Zoning History CUP for: BULK STORAGE # I DATE IREQUEST I ACTION 1 06/11/02 Conditional Use Permit (motor vehicle sales and service) Granted 2 02/27/01 Conditional Use Permit (motor vehicle sales and service) Granted 3 06/13/00 Conditional Use Permit (motor vehicle rentals) Granted 4 09/14/99 Conditional Use Permit (motor vehicle sales and service) Granted 5 10/14/97 Conditional Use Permit (motor vehicle sales and service) Granted 6 04/24/89 Conditional Use Permit (tower) Granted 09/09/85 Conditional Use Permit (group home) Granted 09/09/85 Change of Zoning (B-2 Community Business District to Granted R-6 Residential District) CHECKERED FLAG Agenda Item # 12 Page 5 07/13/87 Conditional Use Permit (church) Granted 7 07/13/87 Change of Zoning (A-2 Apartment District to B-2 Granted Community Business District) Public Agency Comments Public Works Master Transportation Plan (MTP): Virginia Beach Boulevard is an eight (8) lane divided urban arterial. There are no plans to improve this facility in the vicinity of this site. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 34,940 — — 91 ADT Virginia Beach 42,702 S6 ADT Boulevard ADT' Proposed Land Proposed Use — 141 ADT Average Daily Trips 2 as defined by existing church ' as defined by church plus bulk storage of vehides 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: I Ade uate — no additional comments. CHECKERED FLAG Agenda Item # 12 Page 6 Exhibits Exhibit A Aerial of Site Location CHECKERED FLAG Agenda Item # 12 Page 7 t:� VA, BEACH BOV. SITE PLAN Exhibit B Proposed Site Plan 0 0 �4 V CHECKERED FLAG Agenda Item # 12 Page 8 NOIIV3TIddV 11WURd SSA WNOIIIC NO3 z Z cW C W a w W K 0 U h .1 amN� j p e VV zygg �'i� I.SR �wm¢� ca$E4uE�z�Fe y c� C � "♦^♦b C m pp Em$$FF 4Rq aSS m plot 3 g JU o2S z„g C to �3 u�o^� m $a m P - ^ 4 0 wLCg Ooe°w^m c9L � 5p c £ p Lt.mscaat�''s' c �"md c Y m 4 o n m[ `o� a3�.SCxaa mZE c E a E a g € o 9 W m A car Sg `w° ae Z` g o a "t,8 � met Fpsp � zs g s` Z•� mE � � oet�`ge i 9� I 18 Z $e$ CF@ a3 Sz m p:Ed C w I } W aaQa 7i 0 F Hs OzBcc a� W^ me 3c+ ggga yq& �z6 jy 2$ IQs c 8 ac 5 E UFmc' ^t o 3g -F S� F _$:ar i3e awe mg8 m cam q9c m n�{ m c m t a'n �f iU8 �5- ? Imo us of I❑ U v a i l a 9 3 �d N011VOIZddV 1WHd gU10a WN0111aNO3 Exhibit C Disclosure Statement CHECKERED FLAG Agenda Item # 12 Page 9 Item #12 Checkered Flag Motor Car Company Conditional Use Permit 3177 Virginia Beach Boulevard District 3 Rose Hall July 14, 2004 REGULAR Joseph Strange: The next application is Item #12 Checkered Flag Motor Car Company. An Ordinance upon Application of Checkered Flag Motor Car Company for a Conditional Use Permit for bulk storage vehicles on property located at 3177 Virginia Beach Boulevard in the Rose Hall District. Dorothy Wood: Is there anyone here representing Checkered Flag? Again, would you mind asking if anyone is in the hallway representing Checkered Flag? No. Thank you. Let's open it up for discussion. I guess we can discuss it even though the applicant is not here. Ronald Ripley: I don't think we have any choice Dorothy Wood: Can we defer it sir? Bill Macali: The presence of the applicant is totally irrelevant. The Commission can do whatever it feels like on this application. Dorothy Wood: Thank you Mr. Macali. Let's discuss it. Mr. Ripley. Ronald Ripley: I think the concerns raised in the informal session about the condition of the back of the property and the concerns about this are not related to the particular application but there were some storage containers. I think the city is looking into that because it is kind of unsightly. 1 guess the issue really was a buffering and a combination of a concern that this be looked at more frequently than just five years. So, the applicant has indicated that the owner, that they plan on doing some renovations in about five years. So, it's our understanding a lease has been fashioned to coincide with that time period. But, the concern of the Commissioners is that it will continue to deteriorate and we would like to see the property improved upon. So, we're asking for an annual administrative review really just to make sure that the property is not going to get any worse. The applicant is adhering to keeping everything on the paved area. So, everything is pretty well said in the application and I guess with the absence of the applicant being here we'll need to make a motion one way or the other. It would help if the applicant were here because it could go either way. Dorothy Wood: Kathy. Item #12 Checkered Flag Motor Car Company Page 2 Kathy Katsias: I'd move we approved this application with the condition that the property is reviewed annually. Dorothy Wood: Second? John Waller: I'll second it. Dorothy Wood: I think it was seconded by Mr. Waller. Yes, Mr. Knight. Barry Knight: Just a little bit of discussion. I know that our comments go on City Council's verbatim and the property is in review basically from Virginia Beach Boulevard but if you go on the property it is in disrepair and I would like just to see Checkered Flag with their good reputation in the City that they are going to be leasing this property. It wouldn't be very expensive for them to go in there and mow the grass, upgrade, move some junk and just upgrade the property because I believe it is a reflection on them. Dorothy Wood: Thank you. Are there any other comments? We had a motion by Ms. Katsias, I believe and seconded by Mr. Waller. AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 1 ABSENT Ed Weeden: By a vote of 10-0, the application of Checkered Flag Motor Car Company has been approved by the Board. Dorothy Wood: Thank you. # I DATE REQUEST I ACTION 1 01/12/97 CONDITIONAL USE PERMIT for outdoor Granted recreation 2 07/03/01 REZONING from R-5D Residential to Conditional Granted 1-1 Industrial 3 09/14/99 REZONING FROM R-5D Residential to Granted Conditional 1-1 Industrial 10/09/01 Modification of Proffers Granted 4 10/09/01 REZONING from R-5D Residential to Conditional Granted 1-1 Industrial 5 06/13/88 CONDITIONAL USE PERMIT for church Granted 10/24/88 Reconsideration of Conditions Denied 11/12/02 CONDITIONAL USE PERMIT for church Granted expansion � 4 w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: North Landing Development, L.L.C. — Change of Zoning District Classification (R-5D Residential Duplex District to Conditional 1-1 and 1-2 Industrial Districts and P-1 Preservation District) MEETING DATE: August 10, 2004 ■ Background: An Ordinance upon Application of North Landing Development, L.L.C. for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional 1-1 and 1-2 Industrial Districts and P-1 Preservation District on property located on the west side of Holland Road, approximately 500 feet south of Shipps Corner Road (GPIN 14950562380000). The Comprehensive Plan designates this area as Strategic Growth Area 11 (West Holland Area), suitable for non-residential uses consistent with the Comprehensive Plan's policies for this area. DISTRICT 3 — ROSE HALL ■ Considerations: The applicant is requesting a change of zoning to accommodate manufacturing and warehouse uses. The United States Navy owns a restrictive easement over this property that limits the uses on this property to industrial. The applicant has presented this plan to Navy representatives, and the layout was approved. However, the individual uses must be reviewed separately for conformance with easement restrictions as they are developed. The site plan shows the eastern half of the property with a condominium layout of nine units for sale. Units Two through Nine will front on and gain access from a private road entering the site from Holland Road. Unit One will also access from this private road; however, this unit will front on Holland Road. The western half of the property is shown as undisturbed wetlands. The applicant has proposed a zoning category of 1-1 Industrial District for Unit One fronting on Holland Road. The other eight units are proposed with a zoning category of 1-2 Industrial District. The western half of the property, adjacent to the existing residential area, is being preserved in its natural state and is proposed with a zoning category of P-1 Preservation District. Staff recommended approval. There was no opposition to this request. North Landing Development Page 2 of 2 ■ 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/Agency: P,llanning Department*LA City Manager:' E 2 H10-217-CRZ-2004 RTH LANDING DEVELOPMENT LLC Agenda Item # 11 July 14, 2004 Public Hearing Staff Planner: Barbara J. Duke 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: Change of Zoning District Classification from R-5D Residential District to Conditional 1-1 Industrial District, Conditional 1-2 Industrial District and P-1 Preservation District LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Property located on west side of Holland Road, 500 feet south of Shipps Corner Road 14950562380000 3 - ROSE HALL North Landing Dev. LL ..� 1 (.ONORKMNI I6alNY. fMNX:f Mm Q30 m Lf. LS na Id NORTH LANDING DEVELOPMENT Agenda Item # 11 Page 1 SITE SIZE: 34.71 acres EXISTING LAND USE: Vacant property SURROUNDING • Golf driving range and recreational facility / R-5D LAND USE AND North: Residential District ZONING: • Office -Warehouse / Conditional 1-1 Industrial South: District • Holland Road • Across Holland Road, vacant property / AG-2 East: Agricultural District West: • Stormwater Pond / R-5D Residential District NATURAL There are extensive wetland areas on this site. The majority of the RESOURCE site is wooded. The applicant has applied for and been granted a AND permit from the Army Corps of Engineers for this site that allows CULTURAL some disturbance of the wetlands on the eastern half of this site and FEATURES: requires the preservation of the wooded wetlands on the western half of the site. AICUZ: The site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana. The federal government owns a restrictive easement over a portion of this property. The proposed use has been reviewed by the Department of the Navy and found acceptable subject to conditions. A copy of the response letter is provided at the end of this report. Summary of Proposa The applicant is requesting a change of zoning to accommodate manufacturing and warehouse uses. The United States Navy owns a restrictive easement over this property that limits the uses on this property to industrial. The applicant has presented this plan to Navy representatives, and the layout was approved. However, the individual uses must be reviewed separately for conformance with easement restrictions as they are developed. The site plan shows the eastern half of the property with a condominium layout of nine units for sale. Units Two through Nine will front on and gain access from a private road NORTH LANDING DEVELOPMENT Agenda Item # 11 Page 2 entering the site from Holland Road. Unit One will also access from this private road; however, this unit will front on Holland Road. The western half of the property is shown as undisturbed wetlands. The applicant has proposed a zoning category of 1-1 Industrial District for Unit One fronting on Holland Road. The other eight units are proposed with a zoning category of 1-2 Industrial District. The western half of the property is required to be preserved in it's natural state and is proposed with a zoning category of P-1 Preservation District. The applicant has submitted a building elevation for Unit One that includes quality building materials and an architectural style that is compatible with the industrial areas that are existing or under development to the south of this site. Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. Conformance with the Comprehensive Plan and AICUZ guidelines Compatibility with surrounding uses Comprehensive Plan The Comprehensive Plan recognizes this area as Strategic Growth Area 11 — West Holland Area. Recent development in this area has included recreational, commercial and industrial uses, much of which has occurred in the vicinity of the Holland Road and Dam Neck Road intersection. Where new developments within this Strategic Growth Area are proposed in the vicinity of adjacent stable neighborhoods, the proposed uses must be compatible with the residential character of the area. NORTH LANDING DEVELOPMENT Agenda Item # 11 Page 3 , �, - - - � 11 1 --� Iq Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER # 1 When developed, the Property shall be developed substantially as shown on the concept plan prepared by Kellam-Gerwitz Engineering, Inc., dated June 1, 2004 titled "Rezoning Exhibit of Parcels 427 & 428 as shown on the plat entitled 'Boundary Lien Survey of Shirley A. Buckner, John Walter Carrington, et als' (MB 152, P.32-33) for North Landing Corp." (the "Concept Plan"). Grantor shall have the right to modify the number, configuration, orientation, size, shape, dimension, and location of the parcels, buildings and improvements shown as Units 2 through 9 on Parcel A of the Concept Plan, to accommodate future growth or changes to the Grantors industrial park development. Any such changes in the Concept Plan shall be in accordance with development ordinances applicable at the time such change is made. PROFFER # 2 When constructed, the building located on Unit 1 shown on the Concept Plan shall be constructed using architectural materials, designs and colors in substantial accordance with the rendering titled "MacAulay Office and Warehouse', prepared by Ivy Architectural Innovations, and on file with the Planning Department. PROFFER # 3 Any common entrance sign serving the industrial park shall be a monument sign, the base of which shall be constructed of materials architecturally compatible with the building constructed on Unit 1 as shown on the Concept NORTH LANDING DEVELOPMENT Agenda Item # 11 Page 4 Plan. PROFFER # 4 Prior to occupancy of the building to be constructed upon Unit 1 shown on the Concept Plan, landscaping along Holland Road shall be installed in substantial accordance with the landscaping shown on the exhibit titled "Landscaping Exhibit Parcels 427 & 428" as shown on the plat entitled "Boundary Line Survey of Shirley A. Buckner, John Water Carrington, Viola C. Carrington, et als" (MB 152, P. 32-33) for North Landing Development Corp.", dated June 1, 2004, prepared by Kellam-Gerwitz, a copy of which is on file with the Planning Department. PROFFER # 5 At the time of development of Unit 1 shown on the Concept Plan, Grantor shall use its reasonable and best efforts to obtain an agreement with the owner of the property to the north of the Property to install a right turn lane into the industrial park. PROFFER # 6 At the time of development of Unit 9 shown on the Concept Plan, Grantor shall install a landscape buffer, at least twenty-five feet (25') in width along the northern boundary of Unit 9. Staff Evaluation of The proposed proffers satisfy Staffs concerns. The Proffers: applicant has provided architectural elevations for the unit fronting on Holland and has also proffered to work towards coordinating the access to the industrial park with the property to the north by installing a right turn lane. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated June 21, 2004, and found it to be legally sufficient and in acceptable legal form. Staff recommends approval of this request. Staff Evaluation NORTH LANDING DEVELOPMENT Agenda Item # 11 Page 5 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 proposal's strengths in addressing the 'Major Issues' are (1) The proposal is in keeping with Comprehensive Plan recommendations for the West Holland Strategic Growth Area and AICUZ guidelines. The applicant has proposed a zoning of 1-1 Industrial District and specific building elevations for property fronting on Holland Road where aesthetic concerns are the greatest. In the middle of the property, eight condominium units served by a private road are proposed with a zoning of 1-2 Industrial District. This zoning category most closely resembles the uses allowed under the AICUZ restrictions and is therefore considered appropriate. The western half of the property, which is adjacent to an established neighborhood on the north side, will be preserved in it's natural state and is proposed for P-1 Preservation District. This wooded wetland buffer actually connects to a park site in the residential neighborhood and provides an excellent buffer for the neighborhood from the proposed industrial area. (2) The area that is proposed for industrial zoning is not adjacent to any established residential neighborhood. The industrial use proposed is compatible with the developing industrial park to the south and the outdoor recreational use to the north. Staff, therefore, recommends approval of this request. 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. NORTH LANDING DEVELOPMENT Agenda Item # 11 Page 6 Supplemental Information Zoning History 1 01/12/97 CONDITIONAL USE PERMIT for outdoor recreation Granted 2 07/03/01 REZONING from R-51) Residential to Conditional 1-1 Granted Industrial 3 09/14/99 REZONING FROM R-5D Residential to Conditional 1-1 Granted Industrial 10/09/01 Modification of Proffers Granted 4 10/09/01 REZONING from R-5D Residential to Conditional 1-1 Granted Industrial NORTH LANDING DEVELOPMENT Agenda Item # 11 Page 7 5 06/13/88 CONDITIONAL USE PERMIT for church Granted 10/24/88 Reconsideration of Conditions Denied 11/12/02 CONDITIONAL USE PERMIT for church expansion Granted Public Agency Comments Public Works Plan (MTP): Holland Road in the vicinity of this application is a four - lane divided minor urban arterial. Holland Road is shown on the Master Transportation Plan for future improvements to a six -lane divided roadway on a 150- foot wide right-of-way. These improvements are programmed with the Holland Road Phase VII project, Capital Improvement Program (CIP) 2-008. Project construction is currently shown to begin in September of 2009 and be completed in September of 2011. A right-of-way reservation of 20 to 30 feet may be required during detailed site plan review for the right-of- way improvements. Public Works / Traffic Engineering is currently working on locating a median crossover in the vicinity of this site. The applicant is encouraged to provide a single access with a right turn lane from Holland Road to serve this use as well as the recreational property to the north. In addition, every effort should be made to locate the entrance where it will align with the future median crossover. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use - 714 27,734 27,400 Holland Road ADT' ADT' Proposed Land Use 3 — 744 D it T' Average ay nps ' as defined by single-family residential ' as defined by industrial use NORTH LANDING DEVELOPMENT Agenda Item # 11 Page 8 Public Utilities Water: There is a 16-inch water main and an 8-inch water stub in Holland Road fronting the site. This site must connect to City water. Sewer: There is a 16-inch sanitary sewer force main in Holland Road fronting the site. City sanitary sewer is available. Sanitary sewer and pump station analysis for Pump Station 572 is required to determine if flows can be accommodated. 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 Department concerns will be addressed during the building permit process and site plan review. NORTH LANDING DEVELOPMENT Agenda Item # 11 Page 9 .!. y „ � / ��---.< Exhibit 8 Proposed Sift m_ NORTH LANDING DEVELOPMENT Agenda Item ■11 Page 11 i �r9 1 ao��Fc NORTH ► ANDING D Agenda It rn *1 1 Page 12 Exh, L-ands ape Exhibit D Proposed Building Elevation NORTH LANDING DEVELOPMENT Agenda Item # 11 Page 13 NOI,I,K) IdcIV NINOZaR N Z cW C W Q F- (1) W Q Cn 0 U U) O r Z W Ui W a U) W w D Co 0 U O d 3 s- =.ViO 2 2�ri c m �E o f c _ Lc N gNba'�sr q e L m q 2a n'%5 c m _V m C p 0 4 U cE� y p m�doii a'��mmt mU vg�s cc m$o _ O mE �G p F ag g q y L S U C a ° O O -N C C N _ '6 q m C p = C Opp� p O yob a U - - O 6 a ea o a+ qp mom_ o oomoi�m°Y.�u 2&.--E o $mN a& o_ c°-t mma4a.c mEo'i iS ._ U L $em m N Tj N q°� -> -m q C_ O N q C c= _ C isC°_ �43m-c�mmc°1m OPc_ 0 m m Q m R O 6 C U 'J _- m$ i _° m - cm_�mY c� `o Pm mPo�om�o;o a�o'c `�c _g - n O �0 N >- 6VOE �4t 62]O U -p_L2 mQ C C c W � ` C L ❑ � O yj m I L 'o Z a 01 n y n o $ L s = m Y a I @ w n c c _ j m c w O �O m I p c C pEp M t m p ii 0`cE 0� N VE f W = 6C m Ojt 2 2mL�d-�- p ❑ w S JCi C, w $ E.` qt I ; c Gdo o u Z i � 5 - c a ��$ E� .4 S C O ❑ J I C L m C- � ° 'mom; o„mop � _o aq- o $ o=u S we _. 3` O z -a = z 0 2 pp m nw ZO Uo Jm _ cc5a a Ism 6=.5 J- a ( ❑ Is Z❑ U= N K01j'v jTIddY qNIK0ZHR'IVK0IjIQN03 Exhibit E Disclosure Statement NORTH LANDING DEVELOPMENT Agenda Item # 11 Page 14 DEPARTMENT OF THE NAVY ATLANTIC DIVISION NAVAL FACILITIES ENGINEERING COMMAND 6506 HAMPTON BLVD NORFOLK VA 23508-1278 Ms. Barbara Duke Planner, Planning Department City of Virginia Beach 2405 Courthouse Drive, Bldg. 2, Room 115 Virginia Beach, Virginia 23456 Dear Ms. Duke: Exhibit F Supplemental Information IN REP' REFER'6. E1-0341 O PAR- PH June 8, 2004 Receipt of the City of ;Virginia Beach, Department of Planning Memorandum dated March 29, 2004, to Mr. Ray Firenze was received for review by this Command. This memorandum covers the conditional rezoning for North Landing Development at Holland Road from R-50 Residential to I-1 Light Industrial. Comparing the property identified in the memorandum against Navy records indicates that the United States acquired certain rights over the property under Grant of Easement dated May 21, 2982 recorded in Deed Book 2201, Page 0895 in the clerk's Office of the Circuit Court, Virginia Beach, Virginia. The Navy notes that the property is encumbered by a restrictive easement. The easement limits development of the property and may be more restrictive than those uses allowed under I-1 Light Industrial. Additionally, the Navy met with Mr. Ron MacAulay of North Landing Development Company and Mr. R. J. Nutter of Troutman and Sanders LLP on this property. We advised that we would be happy to review detailed plans that articulate the proposed uses for easement compliance. Thank you for allowing us to comment on the Conditional Rezoning Application. If there are any questions, please contact Mrs. Patty Hankins at 322-4928. Sincerely, NIATTHEW D. KURTZ Business Line Coordinator for Real Estate Hampton Roads IPT A By direction of the Commander NORTH LANDING DEVELOPMENT Agenda Item # 11 Page 15 Item #11 North Landing Development, L.L.C. Change of Zoning District Classification West side of Holland Road District 3 Rose Hall July 14, 2004 REGULAR Joseph Strange: The next item is Item #11 North Landing Development, L.L.C. An Ordinance upon Application of North Landing Development, L.L.C. for a Change of Zoning District Classification from R-51) Residential Duplex District to Conditional I-1 and 1-2 Industrial District and P-1 Preservation District on property located on the west side of Holland Road. Jeff Maynard: Good afternoon Ms. Wood and members of Planning Commission, for the record, my name is Jeff Maynard. My business address is 222 Central Park Avenue, Suite 2000 in Virginia Beach. Here this afternoon on behalf of North Landing Development, L.L.C., the applicant here, I have Mr. Ron Macali in the audience with me, who is the developer and is available for questions. A brief word about this proposal, this parcel as you see is highlighted here in red. It's an overall 24-acre parcel that is presently zoned R-513. North Landing intends to develop only about a third of that parcel and they've asked for a conditional rezoning to go from R-5D to Conditional I-1 on what is zoned as Unit One in the front. Conditional I-2 on the remaining units in the rear and then unconditional P-1 on this large rear parcel here. The site is presently zoned R-5D but because of Navy restrictions and some wetland issues it really can't be developed for any residential purpose. To the north of the site, you see that this is the Buckner Farms development and this is a park area immediately adjacent to and behind Buckner Farms and a golf driving range here immediately to the north. To the south is an industrial park very similar to what North Landing proposes by Head Gear. You'll see several of the properties around here are also zoned I-1 for industrial purposes. North Landing has developed a plan for Unit One, a building plan with some specific architectural features and some landscape features along Holland Road to make a good presentation along Holland Road. It left some flexibility for the remaining portion of the property to be developed as an industrial park. We feel that this application is in compliance with the Navy restrictions and we certainly will comply with the Navy restrictions. We've met with the Navy on one occasion and we'll probably have to meet with them on interpretation of their easement. Staff has recommended approval and noted that it complies with the Comprehensive Plan and for these reasons we ask that it be approved. Dorothy Wood: Thank you Mr. Maynard. Are there any questions for Mr. Maynard. I believe we have some opposition Mr. Maynard. Thank you. Joseph Strange: We have Daniel Bustria speaking in opposition. Item #11 North Landing Development, L.L.C. Page 2 Dorothy Wood: Maybe he is outside. Joseph Strange: Is Daniel in the room? Would someone like to get him? Dorothy Wood: Please check to see if he is outside for us? Joseph Strange: Bustria. Unknown voice: He left. Dorothy Wood: Thank you very much. Joseph Strange: That's it. Dorothy Wood: Is there any discussion? Ms. Anderson. Janice Anderson: I would be in support of the application. I believe the change can be used as it is zoned now as residential. I-1 is compatible and the uses around is right next - door. Of course the property that they're going to preserve the trees that abuts to the residential so there is no conflict there. I think that the design that they have shown is very attractive and especially with the landscaping and the berms in the front from the road, I'll be in support of the application. Dorothy Wood: Thank you. Is there any other discussion? Ronald Ripley: I'm going to make a motion to approve since it was on the consent agenda and the opposition left. I don't think anyone's opinions have changed and so it was consent to begin with so motion to approve. William Din: Second. Dorothy Wood: We have a motion by Mr. Ripley and a second by Mr. Din. Thank you Mr. Maynard. AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE ABSO ABSENTI ABSENT Item #11 North Landing Development, L.L.C. Page 3 WALLER AYE WOOD AYE Ed Weeden: By a vote of 10-0, the application of North Landing Development, L.L.C. has been approved by the Board. In Reply Refer To Our File No. DF-5908 TO: FROM: 04 Leslie L. Lilley William M. Macali 0A CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: July 28, 2004 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application North Landing Development, L.L.C. The above -referenced conditional zoning application is scheduled to be heard by the City Council on August 10, 2004. 1 have reviewed the subject proffer agreement, dated June 21, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/nlb Enclosure Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 21st day of June, 2004 by and between NORTH LANDING DEVELOPMENT, L.L.C., a Virginia limited liability company (the "Grantor', the current owner of that certain property located on Holland Road, Northwest of Dam Neck Road in Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property from R5-D to Conditional 1-1 and Conditional I-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned I-1 and I-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the GPIN NO.: 1495-05-6238-0000 and 1495-05-2285-0000 Zoning Map, in addition to the regulations provided for in the existing I-1 and I-2 districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, it's successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants naming with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through 2 the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed substantially as shown on the concept plan prepared by Kellam-Gerwitz Engineering, Inc. dated June 1, 2004 titled "Rezoning Exhibit of Parcels 427 & 428 as shown on the plat entitled `Boundary Line Survey of Shirley A. Buckner, John Walter Carrington, Viola C. Carrington, et als' (M.B. 152, P.32-233) for North Landing Development Corp." (the "Concept Plan"). Grantor shall have the right to modify the number, configuration, orientation, size, shape, dimension, and location of the parcels, buildings and improvements shown as Units 2 through 9 on the Concept Plan, to accommodate future growth or changes to the Grantor's industrial park development. Any such changes in the Concept Plan shall be in accordance with development ordinances applicable at the time such change is made. 2. When constructed, the building located on Unit 1 shown on the Concept Plan shall be constructed using architectural materials, designs and colors in substantial accordance with the rendering titled "MacAulay Office and Warehouse", prepared by Ivy Architectural Innovations, and on file with the Planning Department. 3. Any common entrance sign serving the industrial park shall be a monument sign, the base of which shall be constructed of materials architecturally compatible with the building constructed on Unit 1 shown on the Concept Plan. 4. Prior to occupancy of the building to be constructed upon Unit 1 shown on the Concept Plan, landscaping along Holland Road shall be installed in substantial accordance with the landscaping shown on the exhibit titled "Landscaping Exhibit Parcels 427 & 428" as shown on the plat entitled "Boundary Line Survey of Shirley A. Buckner, John Water Carrington, Viola C. Carrington, et als" (M.B. 152, P.32-33) for North Landing Development Corp.", dated June 1, 2004, prepared by Kellam Gerwitz, a copy of which is on file with the Planning Department. 5. At the time of development of Unit 1 shown on the Concept Plan, Grantor shall use its reasonable and best efforts to obtain an agreement with the owner of the property to the north of the Property to install a right -turn lane into the industrial park. 3 6. At the time of development of Unit 9 shown on the Concept Plan, Grantor shall install a landscape buffer, at least twenty-five feet (25') in width along the northern boundary of Unit 9. Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. El IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: NORTH LANDING DEVELOPMENT, L.L.C., a Virginia limited,yiability company Ronald A. COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this d1 24day of June, 2004, by Ronald A. MacAulay, in his capacity as Managing Member of North Landing Development L.L.C., a Virginia limited liability company. He has produced a Virginia Driver's License as identification. My commission expires: /o l 31(°y 261852.1 5 EXHIBIT A LEGAL DESCRIPTION The Property subject to the Agreement is shown and designated as "Parcel A", inclusive of Units I through 9, inclusive, on the Rezoning Exhibit dated June 1, 2004, titled "Rezoning Exhibit of Parcels 427 & 428 as shown on the plat entitled `Boundary Line Survey of Shirley A. Buckner, John Walter Carrington, Viola C. Carrington, et als' (M.B. 152, P.32-233) for North Landing Development Corp." It is a portion of the following described property: PARCELI: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel 428, as shown on that certain plat entitled "BOUNDARY LINE SURVEY OF SHIRLEY A. BUCKNER, JOHN WALTER CARRINGTON, VIOLA C. CARRINGTON, COBO CORPORATION, FRED JACOBSON AND DORTHY G. JACOBSON, ALLEN J. GORDON, TWELVE HUNDRED SPORTMAN'S CLUB, INC, DAVID W. GATLING, MELVIN T. OWENS AND LEANNA OWENS, THEODORE MORINGS AND THERESA MORINGS, BERTHA MAE PATTERSON, MAGGIE IRENE PARKER, HERBERT LAWRENCE AND BERTHA MAE LAWRENCE, CHARLES A. WILLIS AND HELEN B. WILLIS, LEON T. CARRINGTON AND HELEN B. CARRINGTON, EVELYN JOHNS FRAZIER, FREDERICK E. HOBSON AND ALBERTA D. HOBSON, CHARLES E. HARE, HERMAN JACKSON BUTTS, LEON MORINGS, WILLIAM E. BARCO AND ELLA ELIZABETH BARCO, ADVANCE ASSOCIATES, CECILE HEWITT SAYER AND THE CITY OF VIRGINIA BEACH, PROPERTIES FOR: AREA 3, P-996 RESTRICTIVE EASEMENT FY-8I-CONTRACT N 62470-79-C-4244, NAVAL AIR STATION, OCEANA, PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA, NAVFAC DRAWING NO. 4059372 ABD BOUNDARY LINE SURVEY OF SHIRLEY A. BUCKNER, JOHN WALTER CARRINGTON, VIOLA C. CARRINGTON, COBO CORPORATION, FRED JACOBSON AND DORTHY G. JACOBSON, ALLEN J. GORDON, TWELVE HUNDRED SPORTMAN'S CLUB, INC, DAVID W. GATLING, MELVIN T. OWENS AND LEANNA OWENS, THEODORE MORINGS AND THERESA MORINGS, BERTHA MAE PATTERSON, MAGGIE IRENE PARKER, HERBERT LAWRENCE AND BERTHA MAE LAWRENCE, CHARLES A. WILLIS AND HELEN B. WILLIS, LEON T. CARRINGTON AND HELEN B. CARRINGTON, EVELYN JOHNS FRAZIER, FREDERICK E. HOBSON AND ALBERTA D. HOBSON, CHARLES E. HARE, HERMAN JACKSON BUTTS, LEON MORINGS, WILLIAM E. BARCO AND ELLA ELIZABETH BARCO, ADVANCE ASSOCIATES, CECILE HEWITT SAYER AND THE CITY OF VIRGINIA BEACH, PROPERTIES FOR: ARE 3, P-996 RESTRICTIVE EASEMENT FY-8I-CONTRACT N 62470-80-C-3767, NAVAL AIR STATION OCEANA, PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA, NAVFAC DRAWING NO. 4059410", said plats being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 152, at pages 32 and 33. 3 LESS AND EXCEPT that portion of property acquired by the City of Virginia Beach for road widening purposes and known as "TAKE AREA - .072 acres", as shown on that certain plat entitled, "PLAT SHOWING PROPERTY BEING ACQUIRED FOR HOLLAND ROAD, PHASE IV BY THE CITY OF VIRGINIA BEACH, VIRGINIA FROM E.S.G. ENTERPRISES, INC., A VIRGINIA CORPORATION", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2563, Page 121-C. PARCEL 2: ALL THAT certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated (0.685 acres) and (1.904 acres) - Holland Road as shown on that certain plat entitled "SURVEY OF PROPERTY FOR CECILE HEWITT SAWYER (M.B. 6, P. 249), PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA, AUGUST 1985, JOHN E. SIRINE AND ASSOCIATES, LTD., SURVEYORS -ENGINEERS - PLANNERS, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2447, at Page 903. LESS AND EXCEPT that portion of property acquired by the City of Virginia Beach for road widening purposes and known as `TAKE AREA-0.024 ACRES", as shown on that certain plat entitled, "PLAT SHOWING PROPERTY BEING ACQUIRED FOR HOLLAND ROAD, PHASE IV, BY THE CITY OF VIRGINIA BEACH, VIRGINIA FROM E.S.G. ENTERPRISES, INC", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2557, at Page 603. VA Zoninq History # I DATE I REQUEST I AL; I IUN 1 7/13/93 Conditional Use Permit — Two single family Granted dwellings 2 5/10/94 Conditional Use Permit — Single family dwellings Denied 3 11 /24/98 Conditional Use Permit — Alternative Residential Development Granted otP- iF) 4 1 yM 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Pleasant Ridge Auto Parts, Inc. — Change of Zoning District Classification (AG-1 & AG-2 Agricultural Districts to Conditional B-2 Community Business District) and, Modification of Conditions approved by City Council on November 24, 1998 (Mr. & Mrs. Philip Wayne Murden, Jr.) MEETING DATE: August 10, 2004 ■ Background: (a) An Ordinance upon Application of Pleasant Ridge Auto Parts, Inc. for a Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional B-2 Community Business District on property located at 4164 West Neck Road (GPIN 24027079830000 — part of). The Comprehensive Plan identifies this site as being within the Rural Area. DISTRICT 7 — PRINCESS ANNE (b) An Ordinance upon Application of Pleasant Ridge Auto Parts, Inc. for a Modification of Conditions for a Conditional Use Permit approved by City Council on November 24, 1998 (Mr. & Mrs. Philip Wayne Murden, Jr.) on property located on the northwest corner of Princess Anne Road and West Neck Road (GPIN 24027079830000 — part of). DISTRICT 7 — PRINCESS ANNE On June 22, due a change in the proffers accompanying the rezoning, the City Council deferred these items to July 13. The change in the proffer consisted of a revision to the site plan that accomplishes the following: 1. Moves the building away from West Neck Road to the northern property line of the parcel. 2. Retains the `plant nursery' at the corner of West Neck and Princess Anne Roads. 3. Reduces the large "Future Addition" shown on prior plans to an area of 50 feet by 80 feet, and reduces the initial retail space to an area of 100 feet by 80 feet. The revised site plan is attached. The revision is acceptable to the Staff. On July 13, the City Council deferred this matter to August 10, due to an error in the Conditional Zoning Agreement (proffers). That error has been corrected. Pleasant Ridge Auto Page 2 of 4 ■ Considerations: The existing property is part of a tract of land approved in 1998 under the Conditional Use Permit approach for residential development. The 1998 Conditional Use Permit approach yielded a higher than by -right rural density while preserving an area of the site for agricultural or open space uses. The current proposal intends to rezone to B-2 Business a portion of the area set aside for preserved agriculture and open space. The applicant desires to use the rezoned portion of the property for a retail sales establishment, specializing in auto parts, and for a presently undefined future expansion. To develop the site as the applicant desires, the existing conditions on the 1998 approved Conditional Use Permit must be modified. The 1998 Conditional Use Permit for an Alternative Residential Development of three (3) units was granted with the following conditions: 1. A suitable legal instrument restricting development of the property to no more than three residential building lots shall be submitted with the final subdivision play, and shall be recorded in the Clerk's Office of the Circuit Court. The content and form of such instrument shall be acceptable to the City Attorney. 2. A one -foot no-ingress/egress easement shall be dedicated along the frontage of the property on Princess Anne Road and run westerly down West Neck Road a minimum of 150', in accordance with the recommendations of Traffic Engineering. 3. A 50' vegetated buffer, as described in the Comprehensive Plan's Rural Residential Guidelines, shall be installed along all residential property lines where they abut an active agricultural operation. The required buffers shall be planted prior to occupancy of the residential units. Two of the conditions must be modified in order for the proposed development to proceed. Condition 1 must be modified to permit the use of a portion of the residual property for the proposed use. Condition 2 requires a no-ingress/egress easement be dedicated along the frontage of the site. In order for the applicant's proposal to occur, this condition must also be modified to eliminate the requirement. Staffs research indicates that the required no-ingress/egress easement has currently been platted only along West Neck Road with the creation of two lots in accordance with the 1998 Use Permit. The applicant, therefore, is requesting Modification of the 1998 Conditional Use Permit through removal of the three -acre area requested for rezoning from the area encumbered by the 1998 Use Permit. Removal of the three -acre area effectively eliminates the conditions from applying to the proposed development parcel. Pleasant Ridge Auto Page 3 of 4 With the removal of the three (3) acres requested for rezoning from the 1998 Use Permit area, there will remain sufficient acreage to support the density of three (3) dwelling units as approved with the 1998 use permit. That acreage will remain restricted from development per the conditions of the use permit. Staff recommended approval. There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-1 to approve the requests, as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department �10A City Manager: lL �� "'�'� Pleasant Ridge Auto Page 4 of 4 17 NEWEST SITE PLAN K16-210-CRZ-2004 PEASANT RIDGE AUTO PARTS INC. 4.Agenda Items # 9 & # 10 "ter May 12, 2004 Public Hearing Staff Planners: Karen Prochilo and Stephen White 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: LOCATION GPIN COUNCIL ELECTION DISTRICT: (9) Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional B-2 Business District. (10) Modification of Conditions for a Conditional Use Permit approved by the City Council on November 24, 1998. Property located at the Northwest intersection of Princess Anne Road and West Neck Road syQ' K'46.. Peasant Ridre Auto Parts Inc. 64 .0-2� 1 ♦W .tGZ\ JP m. C '.6m 1 Zadv a— frw^ AG,UA 2 u B-2 Part of24027079830000 7 - PRINCESS ANNE PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 1 SITE SIZE: Subject property: 3 acres. Total Property: +1- 17 acres EXISTING LAND USE: The property is zoned AG-1 / AG-2 Agricultural Districts. SURROUNDING . Farm fields and single-family residential / AGA and LAND USE AND North: AG-2 Agricultural Districts ZONING: . West Neck Road, Farm field, single-family South: residential / AGA and AG-2 Agricultural Districts Princess Anne Road, farm fields, single-family East: residential / AGA and AG-2 Agricultural Districts Farm fields with single-family residential / AGA and West: AG-2 Agricultural Districts. NATURAL RESOURCE AND This subject area of the parcel is primarily flat land. The proposed CULTURAL development site is currently used as a plant nursery. There are a FEATURES: few significant mature trees on the site. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana and NALF Fentress. Summary of Proposal The existing property is part of a tract of land approved in 1998 under the Conditional Use Permit approach for residential development. The 1998 Conditional Use Permit approach yielded a higher than by -right rural density while preserving an area of the site for agricultural or open space uses. The current proposal intends to rezone to B-2 Business a portion of the area set aside for preserved agriculture and open space. The applicant desires to use the rezoned portion of the property for a retail sales establishment, specializing in auto parts, and for a presently undefined future expansion. To develop the site as the applicant desires, the existing conditions on the 1998 approved Conditional Use Permit must be addressed in some manner. The 1998 PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 2 Conditional Use Permit for an Alternative Residential Development of three (3) units was granted with the following conditions: A suitable legal instrument restricting development of the property to no more than three residential building lots shall be submitted with the final subdivision play, and shall be recorded in the Clerk's Office of the Circuit Court. The content and form of such instrument shall be acceptable to the City Attorney. 2. A one -foot no-ingress/egress easement shall be dedicated along the frontage of the property on Princess Anne Road and run westerly down West Neck Road a minimum of 150', in accordance with the recommendations of Traffic Engineering. 3. A 50' vegetated buffer, as described in the Comprehensive Plan's Rural Residential Guidelines, shall be installed along all residential property lines where they abut an active agricultural operation. The required buffers shall be planted prior to occupancy of the residential units. Two of the conditions must be modified in order for the proposed development to proceed. Condition 1 must be modified to permit the use of a portion of the residual property for the proposed use. The document specified in Condition 1 was recorded at Deed Book 4068, Page 502. The final clause of the recorded restrictions notes "Nothing herein shall restrict any interested party from applying to the Virginia Beach City Council for a variance of, or amendment to, this condition in the future." The applicant has applied to amend the condition. Condition 2 of the 1998 Use Permit requires a no-ingress/egress easement be dedicated along the frontage of the site. In order for the applicant's proposal to occur, this condition must also be modified to eliminate the requirement. Staffs research indicates that the required no-ingress/egress easement has currently been platted only along West Neck Road with the creation of two lots in accordance with the 1998 Use Permit. The applicant, therefore, is requesting Modification of the 1998 Conditional Use Permit through removal of the three -acre area requested for rezoning from the area encumbered by the 1998 Use Permit. Removal of the three -acre area effectively eliminates the conditions from applying to the proposed development parcel. Major Issues PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 3 The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. Consistency with the recommendations of the Comprehensive Plan for the Rural Area concerning the location of non-residential uses. Ambiguity regarding future expansion as shown on the site plan. Intent of 1998 use permit for preservation of this area as open space / agricultural residual as part of the residential lots. Comprehensive Plan The Comprehensive Plan recognizes this property to be part of the Rural Service Area. The rural land use policies have not changed much over time and are important for our rural landscape. Future development within the Rural Service Area must adhere to the Comprehensive Plan's adopted rural planning principles and economic strategies to retain its character and vitality. The Comprehensive Plan identifies a Rural Preservation Plan with five objectives: 1. Preserve and promote the opportunity for continued agricultural production. 2. Recognize the rural character and the need to preserve its open space and scenic beauty. Rural character also translates into a quieter, less hectic and more independent way of life; one removed from the congestion, density and fast paced activities of urban life. The growth that occurs does so without disrupting the lifestyles of those who have chosen to live here and without forcing the need to bring in urban services. 3. Protect and maintain environmental resources so that they remain for future generations. 4. Provide reasonable rural development opportunities. 5. Eliminate the need for urban infrastructure. PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 4 In order to achieve these objectives the Agricultural Reserve Program and Rural Development Guidelines were included as part of an overall program to stabilize and reinforce the rural way of life. Guides to non-residential rural development include: ■ Protect rural character and existing scenic views. ■ Franchise retail, office parks or shopping centers are not encouraged. ■ Create non- residential development at key crossroads to encourage community interaction of people, not vehicles. ■ Commercial retail development should be located in existing defined rural commercial centers for supporting the local rural community in lieu of strip shopping center development. .�_�...�,...,....._. _ _�.r Proffers! The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to `offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER # 1 When the property is developed, it shall be developed substantially as shown on the exhibit entitled "Preliminary Subdivision Plat of Part of the Property of Philip W. Murden, Jr. and Connie D. Murden for Steven W. & Wanda J. Simpson, Virginia Beach, Virginia", prepared by Kellam-Gerwitz Engineering, Inc. dated 12/08/03, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER # 2 The architectural design of the building depicted on the site plan and the landscaping to be installed will be as depicted on the exhibits entitled, (a) "Proposed NAPA Auto Parts Store; Princess Anne Road and West Neck Road," PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 5 dated 12/15/03, prepared by Porterfield Design Center (hereinafter "Rendering") and (b) "Proposed Landscape Plan — NAPA Auto Parts Store" dated 2/12/04", (hereinafter "Landscape Plan"), which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER # 3 All outdoor lighting shall be shielded, deflected, shadec and focused to direct light down onto the premises and away from adjoining property. PROFFER # 4 The freestanding sign designated on the Site Plan shall be as depicted on the exhibit entitled, "Sign Elevation, Pleasant Ridge Auto Parts," dated 2/12/04 prepared by Porterfield Design Center (hereinafter "Sign Elevation"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The brick base and columns of the sign shall match the brick base of the building depicted on the Rendering. PROFFER # 5 The building depicted on the Site Plan and Rendering shall be twenty-five feet (25') in height and shall have an exterior wall color of "Light Stone' and an exterior roof color of "Medium Bronze" as depicted on the "A&S Building Systems —Commercial — Industrial Series" color palates which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. The base of the exterior of the building, to a height of three feet (3) shall be a reddish - brown brick. PROFFER # 6 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Staff Evaluation of The above proffers are acceptable. Proffers: City Attorney's The City Attorney's Office has reviewed the proffer PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 6 Office: agreement dated March 23, 2004, and found it to be legally sufficient and in acceptable legal form. Staff Evaluation Staffs evaluation of this request reveals the proposal, through the submitted materials and the proffers, adequately addresses each of the 'Major Issues' identified above. (1) The intersection of Princess Anne Road and West Neck Road is not specifically mentioned by the Comprehensive Plan as a potential node for retail and other non-residential service uses. The Rural Preservation Plan portion of the Comprehensive Plan specifically identifies commercial nodes like Back Bay and Creeds as small areas that serve in a limited fashion the commercial needs of a rather large geographic area. An important factor in the evaluation of this development proposal, however, is that a small area of B-2 zoning already exists to the north of the subject site at the intersection of Princess Anne Road and Pleasant Ridge Road. The applicant currently uses this B-2 zoned site for the auto parts business. It is Staffs understanding from the narrative submitted with the application that the applicant's business has outgrown the existing site and that the applicant cannot expand at the existing location. There exists, therefore, an existing precedent for commercial use within this general area. Staff concludes that locating commercial use at the West Neck Road intersection is a reasonable addition to the existing B-2 at the Pleasant Ridge intersection. Further, it is Staffs opinion that the West Neck Road intersection, due to it being the meeting of two primary routes into and out of the Rural Area, is the more likely candidate for a commercial service node. (2) Details regarding the 'future expansion' shown on the proffered plan have not been provided. However, the proffers submitted with the change of zoning request restrict the development to the area defined on the proffered plan as "2- ST-RETAIL (8,000 SQ. FT,)." If the applicant ever pursues the future expansion, it will require additional review by the Planning Commission and approval by the City Council as a Modification of Proffers. Of greater concern is the lack of specificity in the proffers regarding the uses to which the B-2 zoned area may be put. While the site plan and the building elevation are designed for the applicant's business, the proffers do not restrict the uses in any way. Thus, if desired, the applicant could use the building for any use allowed in the B-2 Community PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 7 Business District. Staff does not believe that there would be any immediate eventuality of this occurring. Of more concern is the potential for other B-2 uses to be located in the area identified as 'future expansion; however, as noted above, such expansion cannot occur without a Modification to the Proffers of this requested rezoning should it be granted. (3) With the removal of the three (3) acres requested for rezoning from the 1998 Use Permit area, there will remain sufficient acreage to support the density of three (3) dwelling units as approved with the 1998 use permit. That acreage will remain restricted from development per the conditions of the use permit. Staff, therefore, recommends approval of the Change of Zoning from AG-2 an AG-1 Agricultural Districts to B-2 Community Business as proffered and approval of the request for Modification of Conditions through elimination of the three (3) acre B-2 zoning site from the area of the Conditional Use Permit approved on November 24, 1998. 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. PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 8 Supplemental Information Zoning History # I DATE IREQUEST I ACTION 1 7/13/93 Conditional Use Permit — Two single family dwellings Granted 2 5/10/94 Conditional Use Permit — Single family dwellings Denied 3 11/24/98 Conditional Use Permit — Alternative Residential Development Granted PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 9 Public Agency Comments Public Works Plan (MTP): Princess Anne Road in the vicinity of this application is considered as a two lane undivided rural roadway. The Master Transportation Plan designates the right-of-way for Princess Anne Road as 100 feet. West Neck Road in the vicinity of this application is not designated for improvements in the recently adopted Comprehensive Plan. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 7,000 7,400 — t�TO Existing Land Use Z Road ADT' — 50 ADT Proposed Land 2,500 7,400 — West Neck Road ADT' 12,000 Use '-495 ADT ADT nveaeyn umy i nyn ' as defined by current zoning ' as defined by auto parts sales of 8,000sf Public Utilities City sewer and water are not available. The proposed new building will require a well and septic sstem. 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 Department requirements will be addressed at the time of construction documents. PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 10 Agricultural Department of This parcel is under a conditional use permit for an Agriculture: alternative residential development, which has built the maximum number of homes allowed by density. PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 11 Exhibit A - 2 Aerial of Site Location PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 13 Exhibit A - 3 Aerial of Site Location PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 14 e Exhibit B Proposed Site Plan - REPLACED —SEE SITE PLAN ON PAGE 4 OF a k °i C OVE R AG E N DA s: V MEMO FOR LATEST PLAN PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 15 Exhibit C REPLACED — SEE SITE - = Proposed Landscape Plan _T PLAN ON PAGE 4 OF COVER AGENDA MEMO FOR LATEST PLAN I i � I i ' I i i I � II I h c =L J p- Z PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 16 Exhibit D Proposed Building Elevation PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 17 Exhibit E Sign Elevation PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 18 N0I1V'JI' O ONINOM MOUIGN03 2 W W O NOIIV3nddV ONINOZHI WNOI11aNO3 Exhibit E Disclosure Statement PLEASANT RIDGE AUTO PARTS, INC. Agenda Items # 9 & # 10 Page 19 Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Change of Zoning District Classification Modification of Conditions 4164 West Neck Road District 7 Princess Anne May 12, 2004 REGULAR Dorothy Wood: The next items will Pleasant Ridge Auto Parts. Joseph Strange: Item #9 & 10 is Pleasant Ridge Auto Parts, Inc. It's a Change of Zoning District Classification from AG-1 & AG-2 Agricultural Districts to Conditional B-2 Community Business District on property located at 4164 West Neck Road. There is also a Modification of Conditions for a Conditional Use Permit approved by City Council on November 24, 1998 on property located on the northwest comer of Princess Anne Road and West Neck Road, District 7, Princess Anne. Dorothy Wood: Yes sir. Eddie Bourdon: Thank you Madame Chair. Eddie Bourdon, a Virginia Beach attorney representing the applicant. I have copies of three letters that I'm going to pass out to each of you. I have two copies of a petition and I'll try to make copies for everyone. It is my privilege to represent the Simpson Family on this application this afternoon. I appreciate your patient on the last application. The application has been read and involves, first of all a change in zoning district classification on this 3-acre parcel located at West Neck and Princess Anne Road to B-2 along with a modification of conditions on the Use Permit that was approved on the large parcel back in November 1998. The letters that I'm passing out to you are letters of support from three members of the community, Mr. Frank Williams, Mr. Bonnie Bright and Mr. Dawson Taylor. I've also provided you all with a petition which has a total of 555 signatures, it's a petition of support with 555 signatures on it, which I'll mention a little bit later. It's probably the largest petition in terms of the number of signers, support or oppose that I've ever seen and that's in support. That tells you, I think a great deal about the applicants in this case. The Simpsons have been family farmers in the PungoBack Bay area for over a century. There family has run this family owned business, which is in large measure an agricultural support business that provides all types of parts, equipment and expertise for repairing farm equipment, tractors, trucks, etc. They are pillars of the community and that is noted, I think by anyone who will take a few minutes to look at the petition and the people who have signed that petition. You'll notice names that everyone knows, Vaughan, Williams, Simmons, Frost, Dean Davis, Brickhouse, Morris, Bright, Etheridge, Briggs, Murden, Henley, Kellam, Brock, Freeman, right on down the line. So, who's who of the people who live in the southern part of the City. Our agricultural industry in the southern part of the City. The Simpsons have operated their business at the corner of Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 2 Pleasant Ridge and Princess Anne Road. You can actually see it right here, along this aerial that subject site. The parcel that they operate their business on and they actually own. I have a survey of it. You heard this morning and some reference may have been made to something of along the line of half an acre. It is actually more along the lines of about 12,000 square feet. I'll pass the survey around. I do need to get it back because I did not have the opportunity to make copies of it. That building has about 7 or 8 parking spaces. And that is it. There is no room to expand and they have a need to expand their business. They did in fact attempt to make efforts to acquire additional land adjacent to their parcel, but that is not property on the market for sale. It is certainly not a criticism of the people who own the property at all. That is a fact. That is reality. Therefore, they have no ability whatsoever to expand their business. Their business under all of our current site plan ordinance requirements, etc., you can't meet any of the guidelines by tearing down what's there and trying to build something on it. It's just not physically possible. They got more building, more space on that site than the site supports by any stretch of the imagination. And, you also have the septic issue. We don't have sewer in this part of the world and will not have sewer down in this part of the world. We are not advocating sewer in this part of the world. So, we have a situation where in order to succeed and to continue to succeed and to serve the community they need the ability. The business has succeeded and they need to go expand that business. One of the reasons why they have been so successful among many is because they are supporters of the community in which they reside and do business. They donate money to community chanties and community funds. I've got a long list here and I'll hit a few of them. The Heidy Temple, Not Silent Ruritan Club, Creeds Elementary PTA, Currituck County Relay for Life, Ducks Unlimited, Virginia Beach Rescue Squad, Knots Island Elementary PTA, Knots Island Beach Festival, Knots Island Wildlife Festival, Knots Island Voluntary Fire Department, Back Bay Christian Academy, Kellam High School Booster Club, St. John Apostle Catholic Church and Catholic School, Angel Fund, Multiple Sclerosis Society, Muscular Dystrophy, Creeds Ruritan, Test Before Livestock, Auction, Virginia Beach For Livestock Auction, Virginia Beach Booster Club and Creeds Athletic Association. The proposal here is to place a business that is established in the community that supports the community and supports agriculture at the major intersection of three that I count, in the southern part of the City. I think Indian River and Princess Anne and West Neck. And, Indian River and West Neck. I think further down there are some other major intersections. Those are it. I think this is an excellent location for this business. They've designed the business. They designed the structure that fits in with the character of the area. The building has a metal foundation. It's a metal building but it has brick face around the bottom. It has a raising metal bronze roof, a sandstone color on the exterior that is not brick. There is an existing bam, the West Neck Equestrian Center right down the street. It's about three times the size. It's exactly the same type of material, a metal barn. There are lots of them out there. They got a very attractive plan. One that staff has not indicated any objection to in terms of appearance and in terms of it fitting in with what's in that rural setting. This is not Town Center. This is not a lot of other areas of the City. This is the rural area. It's an area that is not the same as where most of us live. It is where two of your members do live. We think the building and it's appearance do very much fit in with the character of the area. I mean that's a subjective Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 3 thing. I certainly respect the fact that others may have disagreement about that. The site was the subject, as you all know of a Use Permit a number of years ago that involved residential and the remainder that remained as open space. But that application there was extra land above and beyond that was needed to meet the requirements of Section 405. And, this land that we are proposing to develop here will not cause that application to have been granted without enough land to meet the requirements of Section 405 without the amount of soils needed to meet Section 405. So, there is no gift having been given to the prior application by this. If this had not been a part of it, it still would have met the requirements of Section 405 in terms of the acreage and in terms of the soils. Now, this site will have a complete soil septic system that will work, function and will meet of today's standards. So, it will definitely from an environmental standpoint an improvement. As you know, you have to have an acre of land to be able to do a septic system today. I would also not and I think one of the other speakers in favor is going to note that on the opposite corridor of West Neck and Princess Anne there used to be a store that sold gasoline so the idea that this is introducing commercial to an intersection where it has never existed is not an accurate assessment. The staff has recommended in favor of this. It's within a stone throw of their existing facility and we believe that the staff has got it absolute correct and that it's an application, or two applications that should be approved. I know there are three other speakers in favor so 111 stop at this point. I'll be happy to answer any questions. Dorothy Wood: Eddie, would you please answer any questions? Eddie Bourdon: I'll be happy too. Dorothy Wood: Mr. Waller, thank you. John Waller: 1 don't have a problem with the rezoning. I've got a big problem with the design that he built. Eddie Bourdon: 1 heard that this morning John John Waller: It's a metal building at a major intersection at Princess Anne Road. Everyday it's becoming more and more traffic and more and more people coming down It won't be long before it's a four -lane road with commercial buildings on all sides. You're going to have a big, ugly metal building put on that comer. That is what I'm opposed too. Eddie Bourdon: As 1 mentioned John, the reason why people can disagree and I would have to say that I respect your opinion however, under our Comprehensive Land Use Plan and under all of the plans that I know of in terms of roadway improvements, I don't know how many of us are going to be here when what you envision occurring occurs. Four -lane West Neck Road and four -lane Princess Anne Road with our extreme restrictions on and I don't say extreme in a negative way but our restrictions on what is to happen in our rural south, which 1 think the vast, vast majority of the people who live Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 4 there don't want to see those changes. I don't know that we are going to see anytime in the foreseeable future any significant amount of commercial development in this area or any widening to four lanes of these two roads. Now, some improvements of those roads will be made. 1 think some of them are very much needed. Wider shoulders and things of that nature but I don't know of any plans anywhere in the foreseeable future to do four lanes of either of those roads. We're certainly not going to have water and sewer down there, public infrastructure down there. And, I think it will retain its rural character and I do believe that this building is one that has been designed in keeping with rural character. There are churches down there that are similar type of buildings as well as equestrian centers. One of the nicest looking properties in the rural part of the City, which is actually on the north side of the blue -line, is Mr. Hanson's property. I think he's got a very nice looking barn that I believe is a similar type of appearance. If it was somewhere else in the City I would absolutely agree with you but I don't know if I can agree with you. This is my opinion and we're all entitled to our opinions. It doesn't make one right or one wrong. We believe that this is in keeping with the character of that part of the City. We haven't heard prior to this morning at least from the staff and that is no criticism of the staff about concerns about the design of this building. In another application and we'll be talking about that from staff perspective but I haven't heard it on this one. John Waller: Courthouse Marketplace, which we saw pictures of earlier. They've done a beautiful job. They sort of set the tone or raising the bar. They're making the whole Princess Anne Road nice and a more pleasant place to drive. It's a lot of residential, well mostly residential there now but more and more people will be coming down here and everybody wants to put up a metal building you can imagine what it is going to look like. I just think we need to raise the bar for Princess Anne Road. Eddie Bourdon: I couldn't agree with you more as far as the Courthouse Marketplace is concerned, which is right here in the Courthouse Center where we are located. In an area that is under our Comprehensive Plan and the Princess Anne area that will be high end residential at one unit per acre. But, again this part of the City, our Comprehensive Plan is pretty clear is to remain an agricultural and rural area. We've got development going about 25-30 houses a year in this part of the City and I think it is going to remain that way. So, I don't have a crystal ball as to what this part of the City is going to look like in 50 years or even in 10 years. I think it will look a whole lot like it does today intent. I don't know Courthouse Marketplace in this section of the City is the same that is down below Pungo. We're not trying to build anything that is objectionable or low end, if you will. I think to put something like Courthouse Marketplace down here would be completely out of character. I think would not blend in or fit in. Again, that's a decision that I guess City Council will have to make. Dorothy Wood: Thanks Eddie. Ed, will you keep the time manually since the computer is down? Ed Weeden: He had plenty of time. Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 5 Dorothy Wood: Ed told me that we're going to have to vote manually. Our computer is down so we can't vote electronically this afternoon. We have some speakers? Joseph Strange: Speaking in support, the first speak is Al Henley. A] Henley: Hi. Ladies and gentlemen of the Planning Commission, thank you for allowing me to be here today and to speak to you and a good afternoon to you. My name is Al Henley and I'm a life long resident of the Back Bay/Pungo area. I come here before you in total support of this application. It is a facility that has served our community for 25 years. It's mostly towards the agriculture community as well as residents. I've been there quite frequently myself on maintenance of my vehicles. There are other facilities that are located north of us but I prefer not to frequent those facilities because my personal opinion is they don't carry and stock the materials that is half way as good as the NAPA product. When we do purchase material, we do like to purchase the best. As for the facility, I think the facility has done a good job on the planning of it. The colors of it are acceptable. We have a lot of metal bams in Pungo, Blackwater and Back Bay. I think they've done a good job with the layout of the parking facility and the landscaping. And, as Mr. Bourdon said earlier there was and I do remember the gas station that was on the opposite comer as well as the current location that they maintain today. It was also a grocery store and they also served gas. So, it's not to time to be repetitive. I am support of that and I would respectfully request from each one of you to be supportive. Thank you very much. Dorothy Wood: Thank you Mr. Henley Ronald Ripley: I got a question. How long ago was the property used as a grocery store? Do you recall? Al Henley: Well, 1 would say probably about 30 years ago. The facility closed. It became a rental property. They had an apartment above but I remember as a young gentleman myself frequenting it and shopping there with my parents as well as purchasing gas. Ronald Ripley: Okay. Thank you Dorothy Wood: Thank you. Al Henley: Thank you. Joseph Strange: Also speaking in support is Rodney Foster Rodney Foster: Good afternoon. I'm Rodney Foster and I live at 2108 Indian Creek Road in Chesapeake. I'm here in support of this application. I farm for a living in Virginia Beach and Currituck and in Chesapeake. ' We use NAPA quite regularly to get our after market parts for our farm equipment. Most of you probably know that there are no longer any agricultural tractor equipment dealers that service farm equipment in Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 6 Virginia Beach or in Chesapeake. We now either have to go to Edenton, Elizabeth City of Suffolk to look for these kinds of parts. Agriculture certainly needs this type of business to sustain us. The new building, the architect design is certainly pleasing to the eye. I just notice a movement or two about the comment about the brick and the metal. I believe if you were to travel around Virginia and look at the John Deere dealerships that are now being built, the agriculture supplies, the tractor supplies, they all use metal buildings in the rural area to accommodate the rural character. This is certainly to me, looks better than a whole brick building or a cinder block building in the country like that. It does fit that character. As some of you know, eight years ago I was on the Chesapeake Planning Commission and I retired a year ago. So, we always looked at one thing and in our determination when it was opposition was that the advantage to this might weigh any impact because of the needs of the community. So, I would urge you to support this business. I do know that the existing business is too small. It can't supply and keep the parts that we need. There is no more space available. And, the business has grown and it has become dangerous for very little bit of parking sitting on the comer curb like it is. Again, I would appreciate it if you would support it. It is good for our community and it is good for the City of Virginia Beach. Thank you. Dorothy Wood: Mr. Foster, we're glad to have you here. We do remember you being on the Chesapeake Planning Commission and the fine job that you did. Our Planning Commission has enjoyed working with your Planning Commission and we're going to get that expressway through and work together. Thank you very much for coming. Rodney Foster: I already had a few comments for that and I hope it happens too. Dorothy Wood: Thank you for coming sir. Joseph Strange: Also speaking in support is Marvin Rollins. Marvin Rollins: Madame Chairman and members of the Planning Commission, my name is Marvin Rollins. I live at 1521 Mill Landing Road and that's in Back Bay. I've been there my entire life on the same little farm that I still own today. I support this application in many ways. One is the applicant not only through this application improves the service for himself. He improves the service for the entire community that depends on this applicant. The applicant is certainly like myself. He didn't just come into town, fall off the meat wagon and decided that he was going to open up a business. He's the third generation that has been in this type of business. His father served me. His grandfather served my father. And, Steve serves me through business. And just like the other speakers, I will repeat this because sometimes Mr. Bourdon is a representative. He comes up and he's a representative doing a job but I am a person who lives there and uses the services that are provided as well as many other people. And, I think when a person has a business, he supports his community and it is a plus for the entire community and not just for one individual. That is a no brainer as far as a vote. If 1 were in your shoes I would feel like that 1 voted against an entire community if I voted against this application. I really ever get up here and say anything. In this case, I could not sit by and Item #9 & 10 Pleasant Ridge Auto Pans, Inc. Page 7 not say how I felt. I know there are other people that certainly do not feel the same way as I do. The business community, which 1 am in business, I am not a farmer. I own a construction business and when I need a part for a Mack truck, I'm able to get it from Mr. Simpson. I don't have to go everywhere but you can't do it in the area next to us. And, one other thing and there was and as Mr. Henley said and Mr. Bourdon brought us, there was a pure oil station directly across from that piece of property many years ago, which my father and I went in there many, many times. I just appreciate your time to say thank you all for letting me talk and 1 certainly do hope that you all will see fit to put this application through as a benefit for the entire community. Dorothy Wood: Thank you Mr. Rollins. I know that you're very proud of your family with generations in Virginia Beach. Thank you. Marvin Rollins: Yes we are. Joseph Strange: Okay. Speaking in opposition is Dr. Carmen Maldonaldo. Dorothy Wood: Welcome Dr. Carmen Maldonaldo: My name is Dr. Maldonaldo. I stay in the United States Navy for 23 years, six of them in the war in Saudi Arabia. I was at the time under a lot of stress so when I came back I said I need to live in a place, which is peaceful, rural but at the same time close to the City, which is the area that I bought. I live six houses from the proposed business. I have a gorgeous house that anybody can call a mansion. It's a mansion to me. It's the type of house that is beautiful. It's gorgeous. It's peaceful. It's quiet. I live there because I was looking for those characteristics in a place where I can live. The Navy could send me back anywhere I wanted to live but I chose Virginia Beach because I love this place. I am opposed because I feel that quietness and tranquility that I have is going to change. This place is quite too close to my house. It is just like 5 or 6 houses from my house. Like he said, it's just ugly houses or whatever he thinks they are but they are not. All the residential there are gorgeous. They are beautiful houses. The building itself doesn't look quite nice. It doesn't. 1 would not like to have it there. No, I wouldn't. I would like to keep it peaceful for me. Thank you. Dorothy Wood: Thank you. Would you please show us ma'am? Would you please show us where you live and then answer Ms. Katsias' question? Carmen Maldonaldo: It's the last house Dorothy Wood: You can use the pointer if you could? Carmen Maldonaldo: 1 live right in there. One, two, three, the last house. Right here you have woods in the back of my house. Dorothy Wood: Thank you Dr. Would you please answer Ms. Katsias' question? Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 8 Kathy Katsias: No. That's fine. Joseph Strange: Okay. Next we have Jerry Lang. Dorothy Wood: Welcome Mr. Lang. Jerry Lang: Thank you. Madame Chairman, members, my name is Jerry Lang and I live directly across the street from there, across from West Neck and Princess Anne. I've lived there since 1986. From 1990-2000, the average new homes that were constructed increase approximately 30 per year and as of January 2001 there were approximately 1,900 existing dwelling units in the PungoBlack Water planning area. This is an increase of almost 300 units since 1990, which equates to about 20 percent increase as per the average throughout Virginia Beach is only 14 percent increase. At this rate, 20 percent it wouldn't be long until the Pungo/Blackwater area would be no then an abundance of significant important and natural resources that is being preserved through your award winning plan. I can visualize as your honorable Mr. Waller had mentioned if this facility is erected at this intersection, which is an extremely busy intersection it will not be long before there will be other across the street. The gas station or even down the street where another mall will be put up in the near future. As also described in your Comprehensive Plan that your guidelines are in non- residential rural development, which includes scenic views. Well my view, straight across the street of another commercial building is not a scenic view. Also, franchise retail stores are not encouraged yet your staff evaluation is to recommend approval of changing this zone from AGA, AG-2 to a B-2 Community Business. Also, one of your statements is to create non-residential development at key crossroads. Well, again as Mr. Waller had mentioned, this intersection being that there are only three major intersections coming out of Knotts Island that is Pungo Ferry, West Neck and Indian River. Well, living right across the street from it, West Neck is an extremely busy out take. Anyways, as being a resident since 1986 therefore, I'm opposed to granting the changes. Dorothy Wood: Thank you sir. You are out of time. I appreciate you coming. As we stated before each person has three minutes unless your representing a large group but then we will give you more time. That's the same for people on both sides have three minutes. Joseph Strange: Next we have Amy Lang. Dorothy Wood: Welcome Ms. Lang. Thank you for coming. Amy Lang. Afternoon everyone. How are you? My name is Amy Lang. I live at 1476 Princess Anne Road. My husband just spoke previously. We live right at the intersection of West Neck and Princess Anne Road on the east side. I am very much opposed to the change of this Conditional Use Permit. Traffic will increase greatly. Public Work's comments on page 10 of your agenda Items #9 & 10 state the calculations for a 8,000 square foot auto parts store would increase the generated traffic for that property Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 9 approximately about 10 fold. And the undefined future expansion of the B-2 use of approximately the same size will only further congest that area. if a precedence is set, which Mr. Waller seems to be in agreement with that will develop that commercial area or redevelop, I guess from very old businesses that were there. It doesn't go with our Comprehensive Plan that does not encourage retail centers. The current property that the NAPA owns is zoned for business. There's a difference between needs and wants. If they need to expand their business they can surely find an off sight warehouse where they can store additional parts for their facility and they can drop them into that area for some pick up just because they want to expand their business does not mean that I should give up my rights in that rural area to have the tranquility of that area. I'm concerned about the stormwater run off. An 8,000 square foot building and parking plus additional undefined area of equal size. In our area of the rural part of the city means ditches. And, it will mean deep ditches. Deep ditches with a large highly traffic intersection only adds to the problems in that area. We have enough people going into the ditch now that are people braking too late to go to West Neck Road and someone veers off trying to miss him. We've had a dump truck turnover in our front yard and lose their whole load. People are often swerving onto our property to avoid them. Ed Weeden: You're naming out of time Amy Lang: So, I definitely oppose this application Dorothy Wood: Thank you Ms. Lang. We appreciate you coming Joseph Strange: Our next speaker is Jackie Hembree. Dorothy Wood: Welcome Mr. Hembree. Jackie Hembree: Jackie Hembree. I live in Virginia Beach. I've been here for 42 years. I've been at my present location for 26 years. I've seen the traffic. I've seen probably 20-30 fold on Princess Anne Rod since I've been here. When I first moved to where I was at I could go out my road, go to work and not see another car probably until I got to work. By the time I left, right now I have to go out and wait and wait and wait to get on Princess Anne. My concern is the traffic and also the snowball effect of putting more business down in our area. It will be like a snowball effect. It will continue. First thing you know we'll have a bar on one corner, a service station on the other comer. It will run the life that we all love and know. That is my big concern right now. Dorothy Wood: Where do you live sir? Do you live on West Neck? Jackie Hembree: No ma'am. I live on Jarvis Road. Dorothy Wood: Thank you sir. Thank you for coming Jackie Hembree: We thank you. Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 10 Joseph Strange: Our next speaker in opposition is Dan Franken. Dorothy Wood: Welcome Mr. Franken. Dan Franken: Good afternoon Madame Chairperson and Commission members. I assume that I'll be permitted ten minutes as the representative for the folks in opposition. Dorothy Wood: I'll have to check because they have all spoken. Dan Franken: That is what I agreed to with staff ahead of time. Dorothy Wood: I think was if you were going to represent all of these people. I don't know. Dan Franken: It said representative. It didn't say a lawyer. Dorothy Wood: Okay sir. Mr. Scott? Mr. Macali? Guidance please? Robert Scott: It's your discretion. I don't know who's represented who's already spoken. Dorothy Wood: Just go on sir. Dan Franken: Thank you very much. Just a bit of background about myself. Like I said, I'm not a lawyer and that is probably evident. I have 40 years of experience in national security. I'm a retired Naval officer and was a senior executive with the government and I'm recognized as a strategic planner. As a matter of fact, most of my comments I say, I hope will center around this excellent strategic plan that's five months old that I believe most of the issues associated with this request violate or are not construed within various fashions. Mr. Bourdon gave an excellent introduction for Steve Simpson. I think Steve Simpson ought to have a new business somewhere but not there. And, I also think Steve Simpson is a wonderful gentleman and I consider him a friend of mine. I just don't think we ought to have like you heard from these other people a small store that's currently on a well, established location. It has been there for years, be moved less than a half mile where it's not in the vicinity of three or four over established residences and be plump smack dabbed in the middle of one of the worse intersections around town and near some very good homes. And, I want to comment about that. If you want to know what kind of environment we seek to have in the country, it's all spelled out in the strategic Comprehensive Plan. It also lays out pretty strict guidance for non -increasing infrastructure requirements, not building commercial activities in non -designating sectors, etc. We thought our mission here today would be a little bit easier until this document was published Friday in which it recommended or made an assumption of leap of logic that existing NAPA store already qualified as a commercial activity, so therefore we can move it south of this intersection and then we now have "walla" a new commercial sector. I think the strategic issue before the Planning Commission today is, do you want to design a new commercial sector for the City? The extensive issue is the Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 11 store. 1 think it's really larger than that. The store is currently closed to 3 or 4 homes if you call close several hundred yards. If you move it to the intersection that is being talked about here it is going to be close to 10 or 12 homes. It will be nearly right across the street on West Neck from a home that was just bought for 5650,000. The resident, I don't know if she made it today because a lot of people work and can't make it today including my wife. She said she would have never bought that home had she knew that this was coming. Mr. Scott, sir respectfully, when I saw the recommendation in here I tried to call you Friday and members of your staff and I have not been responded to. I do not understand that with this current strategic plan that lays out all this guidance we could make a decision that already exists commercial infrastructure there, therefore this next intersection is okay. I just can't understand it sir. Also I want to give you a little bit of history. In 1998, the current landowners, the Murden Family came to our door and several other neighborhood doors and sought to get signatures on a petition. It was to get a Conditional Use Permit for two or three more new homes. That petition had a proffer that said we agree if these homes are approved to leave the remainder of the property in agricultural zoning. We signed it. Our neighbors signed it. In fact, there is a letter in your file, I believe from a former resident who sent it back to us attesting to that fact as well. That's a bit of background. I just think the Commission needs to know. Whether it's a material breach or not is arguable but it is certainly a breach of faith among the neighborhood. The gentleman that I spoke with in the Agriculture part of the City planning told me that per the current guidelines and I'm not an expert on zoning or things like that or land use that type 1 soils one home per five acres and type 2, 1 believe it's one per ten. If you consider the Murden acreage, 20 or so acres extend there are now six homes on the low end of 20 acres, which either way you cut those guidelines exceeds that. I believe it's an arguable point whether or not those three acres are even residual. Now, lets talk about these lists. Mr. Bourdon gave a nice presentation about all of these people who want this to happen. Let me tell you a little antidote about my going around with the petition. Many people who are not here today are opposed to this. They are not here today because they fear retribution. Common comment that I heard as 1 walked around the neighborhood. And, I'm a new guy. I came here in 1966 for the first time. I grew up in Iowa. I spent forty years in the Navy as I told you earlier. Common comment was if they want it they get it. A note of resignation attached to that comment. I said, what do you mean they? They are the power appropriates that be. Who are they? They're farmers. I have great respect for farmers. I grew up in a farm. I also know all about implement shops. My aunt ran one. We live in the age where UPS and online ordering and toll free numbers and overnight delivery is a bit of reality for everybody. I grew up new Sioux City, Iowa where ten implement computers in that City. Right now there are none. There were ten homes in miles from Sioux Center to my home in Lebanon. There is one now. It's industrial farming. We all know about it. I recommend that you regard all the citizens of Virginia Beach and particularly the rural area as your customers. The customers are increasing in the rural residential set of customers. Farming, as far as I know is level or decreasing. We all pay taxes and I think we deserve equal thoughtful consideration about the City's application of the rurals that are pretty much subscribed in this policy document. This list that Mr. Simpson worked up has people from Knotts Island to Cypress Point in Virginia Beach. Wonderful. If you said Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 12 this NAPA store is going to be next to your house or across the street, how many people would have signed it? I can generate a list of thousand people that want a Barnes and Noble by the Food Lion at Sandbridge Road as long as you didn't build it next to their house. As I said earlier, I think Mr. Simpson get a new business although I've gone there many times. I'm one of his customers. I've always been able to find a place to park. I've always found in stock what it was I needed. So, I can summarize and I know you want me to 1 think we deserve the same consideration about this issue as if this were a proposed 7-eleven at the intersection of Harris Road and Little Neck Road in Virginia Beach. How would you react to it then? I think you ought to look at all the customers and not just what the farmers want. There is not one mention in this document about the rural residential populous affected by this proposed change. Not one word. Not one. I think Virginia Beach is grown up and it's just time for the City to act in that fashion and make decisions that are in the best interest of all the people and use the strategic plan vision as our guide. I thank you for your time. Dorothy Wood: Thank you sir. Could you please show us where you live? Do you live on West Neck? Dan Franken: Yes. Dorothy Wood: You can use the pointer if you like? Thank you sir. Dan Franken: Right next to this house. Dorothy Wood: Thank you sir. Dan Franken: You can put a light rail down there. Dorothy Wood: Thank you sir. Are there any other speakers? Mr. Bourdon, you have three minutes to rebut. Mr. Horsley might have something to say. Eddie Bourdon: I appreciate some of the comments. I will start out with the ridiculous ones. Those of us who have been doing this a long time or lived here all our lives understand what we're trying to achieve and have done a whale of a job achieving. And some of the folks here in opposition are in good testament of that. The reference to bars, malls, and light rail. Let's get real folks. This is the rural part of the City where our Comprehensive Plan speaks volume about encouraging retention and expansion of agriculture and agricultural support businesses. That is what the Simpsons have is an agricultural support business and they are betting on are ARP working as it has worked and is working and that we're going to retain our farming base. Hopefully, Chesapeake will do the same thing. His business can continue to survive and he is betting on the combine that it will naturally survive but it's going to expand. The facility that he currently has doesn't meet any of his needs nor the parking or City standards. The facility that we propose will do that. Our Comprehensive Plan says we want to support agriculture. We want to support agricultural support businesses, which the Simpsons Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 13 clearly have. That's indicative by the signatures, which no one putting a gun at anyone's head to get. In fact, people came to the business and signed and in fact there are 91 residents who signed that petition who live within a one -mile radius of this site. I don't know how many signatures are on the opposition petition but I don't think it gets anywhere near there. I don't think anybody put a gun to anybody's head to sign it. One gentleman said wow, 300 homes in fourteen years. We're going to have a mall down here. Well, guess what? That's 21 homes a year. Our Comprehensive Plan has since 1992 I believe it is 2500 plan, 2500 homes. We're not going to get there at the rate were going for another 20 something years. There will not be any malls being built down there. This is an excellent application. Traffic is not an issue because the traffic is going on the same two roads today to get to the NAPA store that is there today. It's a red herring. There may be a few more people go because the business will be a little bit larger but all the traffic that is going to the NAPA store right there will still be going to the NAPA store right here now. Dorothy Wood: Thanks Eddie. Eddie Bourdon: I know my time is up. Dorothy Wood: Thank you very much. Is there any discussion? Questions? Janice Anderson: I have a question of Eddie. Dorothy Wood: I'm sorry. Mr. Bourdon, would you please answer Jan's question? Janice Anderson: There was some concern about some noise in the quiet areas. Is there going to be any noise coming from the store? Eddie Bourdon: It's just a part store. We're not doing repair work or anything of that nature on the site. And, hours of operation and we're not opened late into the evening or anything of that nature at all. Janice Anderson: Okay. Eddie Bourdon: Just people coming and going as you come and go at a store. Dorothy Wood: Are there any other questions of Eddie? Robert Miller: The people who live next door along West Neck Road, can you help me with who those are please? Or do you know? Eddie Bourdon: I'm sorry. I probably can get that information Dorothy Wood: The lady would like to tell you. Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 14 Robert Miller: We'll get that in a minute. The Murdens own this entire piece of land? Eddie Bourdon: Yes. That is correct. I believe they are the ones who live in the two houses. Robert Miller: The two of them are shaded in that is why I was interested Eddie Bourdon: I believe they're family members but I wouldn't state I'm certain of that. The one lady who spoke lives 1500 feet away. This isn't your community up here in the suburban part of the City where you got houses on 10,000 square foot lots. The one lady who spoke her house is close to 1500-2000 feet west from this property. It's not right up on it. These are acre or larger lots. Dorothy Wood: Thank you. Ma'am, would you please answer Mr. Miller's question? Robert Miller: You have to tell us who you are. Dorothy Wood: Sir, you have to come up and tell us your name first please. Would you please come to the mic so we can get you on record. Ray Lobis: My name is Ray Lobis. Dorothy Wood: Thank you Mr. Lobis. Ray Lobos: I live at 3132 West Neck. Dorothy Wood: We would appreciate it if you would answer Mr. Miller's question. Robert Miller: That's fine. Thank you Mr. Lobis. That's helpful. 1 think the others I understand. Dorothy Wood: Thank you. Are there any other comments or discussion? Mr. Knight. Barry Knight: Some things in here that I think we need to get directly straight. As far as talking about the one house to five acres the one house to ten acres, some of these lots were platted back when it was legal to go one house per one acre and one house per three acres. That is where you may have gotten a little density. The one to five and the one to ten has only been in effect may be ten years or so. Some of these houses are a lot older than that. We have a Comprehensive Plan that we're willing to stick with. This Comprehensive Plan says limited commercial down here. I read that as meaning extremely limited commercial. As far as bars and restaurants and shopping centers down here, I can't envision where I would ever vote for a commercial rezoning down this neck of the woods unless it was specifically orientated to the residents down here and maybe more specifically to the agriculture community. It's a little bit of misnomer when you call this NAPA Auto Parts. It almost ought be called NAPA Agriculture Supply and Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 15 Auto Parts. You can go there at lunchtime everyday when the farmers are going out for lunch and that is when it is most crowded. They know they have some parts to get. Farming hasn't been the greatest industry in the world in the last l 5-20 years. We have old equipment. It tends to break down a lot. Hydraulic hoses break. We need inner tubes so we're going by here. Sometimes I know some farmers that go down here everyday and maybe sometimes twice a day. So, when it says we have provisions for limited commercial down here we mean very, very limited. And, this is the situation where I think a commercial zoning is warranted and probably is needed. We have if you get towards Nimmo, you may have a Twin Bee Auto Parts he needs to expand his business to compete with the business like this. If he's not here and he can't compete and he truly disappears like the farm dealership did in Iowa, do you think they're going to fix us a hydraulic hose up there? Chances are no. Chances are we're going to have to go to Cleveland Street up in the industrial sector and time is money when we only have a certain window of opportunity to plant and harvest our crops. It is called in the Comprehensive Plan the Rural Service Area. Service being a key word is rural and this provides a service to us down here. As far as the road widths down here, we just did the Comprehensive Plan. We had the road widths. A 120-foot right-of-way from Pungo down to Pungo Ferry we got it narrowed to 100 feet. The right-of-way that we even own some of it but on the City's book is 100 feet. That's going to take in the pavement, the swale ditches, maybe a bike lane on the side. We don't even have room for a four -lane road down here and put it in fashion that we need to put it in. So, the four -lane road is out. This business is going to be for agriculture parts and auto parts but agriculture is the key framework for this. The Simpsons have been life long residents. We have three generations that have been in the auto and the service business down here. They do support the community. I don't even know how to stay in business they donate so much money to different organizations down there. And as far as this intersection, it is a busy intersection but I don't believe this intersection is possible as dangerous as where they are now. I have been in the auto parts store in the parking lot a couple of times when someone stops heading south to take a left on Pleasant Ridge a large dump truck will come around the curve and wont' see him in time have to hit the brakes and either go in the ditch or slide right through the parking lot. We have a proposal right now, to explore putting a left hand turn lane heading south right in front of the NAPA Auto Parts as one down at Gum Bridge Road, I believe it is. There have been some accidents down here. This is a little bit of a straighter, now quite as much as a blind curve. So, as far as the style and the type of building down here, 1 agree with some of the farmers that say this is keeping in the rural character. We don't need a brick building down here. I don't believe that it will just look a little intrusive down here. We have 3 or 4 or 5 equestrian centers down here that were very proud of. I think they look wonderful and this is in keeping with the character with that. I believe that this building is in keeping with the character of the quality and the style that we want down here to advocate the rural and agricultural atmosphere that we now have down here. And, I'm going to be in support of this. Dorothy Wood: Thank you. Mr. Franken, I noticed that you had your hand raised. Did you have new information? Thank you. Mr. Horsley. Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 16 Donald Horsley: Let me take my crack at some of these comments that we've heard today. One is that I didn't know farmers had quite as much clout as we may claim to have. But we got a lot of it I guess so we can get anything we want. But, what goes down to it the City has provided the agricultural community an opportunity to with the Agricultural Reserve Program as was mentioned early on. And, having a few businesses like this. We got a few feed stores and whatever but other than that we don't have any agriculture supply businesses in this area anymore. It was mentioned and I think Mr. William's letter kind of states it pretty clear that we got to go a minimum of 50 miles to get most of our parts and whatever. So, we need something. I mean if the City wants to maintain the viable agricultural industry we need some support services here. I think this is definitely one of them that we need to keep and to help them expand if we can. Location? Location? People can argue that there are better locations. Preferably, I would prefer to have it closer to Blackwater Steve, if we can get it there but I don't think that's the case. We won't be able to get it there. But he is established in this area and he's found a piece of property that's available and I think we got to consider that. I don't feel like this is going to develop into a major retail center. This is strictly a community business, an agriculture community. I just do not see it. We got a plan, as we mentioned to a 2500 plan that's been in affect for several years and that 2500 plan is a little bit out dated now because that has been reduced to the property that has gone into agricultural reserve program. Every time you retire some property into that program that density comes off this total. So, I think now we're probably and correct me if I'm wrong, I think were down in the 1800 plan right now, something like that. I don't think a lot of these traffic problems that are created on Princess Anne Road are necessarily created by Virginia Beach people, our neighbors in North Carolina have contributed a lot to the congestion on Princess Anne Road and I think many of you can attest to that. The road traffic problems, you know as Barry mentioned the Agricultural Advisory Commission stays up on issues that they think are important in the City and Barry mentioned that one night at one of our meetings about some of these dangerous intersections. And, be's right. They are already in the plans to make some changes for turn lanes and whatever at some of these major intersections. And, this West Neck could be very well added to that if the need seems to be there. And, I respect Mr. Waller comments on the building. But if you ride through the rural end of the City even on our farm at home we have two metal buildings that are very similar in color to this building. That is just something you see. You got horse facilities. You got farm buildings. That's the most logical thing to build in the rural end of the City and in the farming community. So, they've done a lot of work with landscaping. They put the brick face at the base of the building. I think they've done an outstanding job with this plan. I respect the people who are in opposition. May be we would feel different if it was in our backyard or whatever but I think the Simpsons have proved to be good neighbors. Good citizens. I think they will do everything they can to please their neighbors and try to make their business not interfere with their livelihoods. So, with that whenever you're ready for a motion, I'm ready for one. Dorothy Wood: Is there any other discussion? Mr. Crabtree. Eugene Crabtree: Just words. I'm going to support Don and Barry in this. I grew up on a farm community. 1 lived there until I left home many years ago. I found out that if it's Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 17 the old school, if you're in Rome you do as the Romans do. If you're going to move into the farm community you got to do was the farmers do. It is a rural community. It is a farm community. If you chose to move and relocate and live there you have to put up with the things that go with it. This is a business that is designed for the farmers. The farmers are going to use it. There's no more traffic that is going to go to the new store than currently goes to the old store. So, the thing of traffic just doesn't fly. The hours of operation is going to be during the daytime. It's not going to disturb anybody's rest or peace or whatever 1 do not believe. And, therefore since it is for the farmers, it's something that they need that they got to have. And, if we don't do it and if we don't put it down there, pretty soon we're not going to have the farmers because they can't afford to go someplace else and lose the time to get parts off their equipment and to do things and to farm. We're not going to have any farmers. And if we don't have any farmers we're not going to eat. Dorothy Wood: Tbank you Gene. Eugene Crabtree: So in that case, I'm going to be for it Dorothy Wood: Thank you. Mr. Miller. Robert Miller: I'm not going to make a long speech. I think the question that Mr. Franken asked of strategic thinking and so forth is one of the paradoxes of this conversation is that the stakeholders come forward and listen to all the stakeholders and we still have to make a decision. And, the decision we made is basically outlined in the Comprehensive Plan as you pointed out. I feel like the Comprehensive Plan kind of sets of the paradoxes that we called this Agricultural Area and Agricultural Reserve Area and then we said yes, we want additional folks to live down there, 2500 plan. And, then we come back now and find each other kind of going at the issue from two different directions. One of is perceived quality of life from an agricultural point of view and the other is certain a perceived quality of life from a pure residential point of view. And the balance of that is very difficult to meet but I think the outline that we set in place to start with and it says agricultural from the gecko is that we want to make sure and provide for the needs of that community and that community has a need that's not being able to be met at its current configuration. So, I'm going to be in support of this application. Dorothy Wood: Mr. Waller. John Waller: I am and after listening to the opposition. I'm still don't think it's too bad an idea to go ahead and rezone it. I'm not against the rezoning. It's inevitable that comer is going to be a major intersection in a couple of years and my problem is that it should be and make is whole lot easier for everybody down there if you have a well designed buildings and the buildings to come after this. It needs a little better architectural design to improve it and it would make it a whole lot easier for all you people who live down there but I'm going to oppose it not because I'm opposed to the rezoning but I'm opposed to the style of building. It just sort of sets a precedent to go down there. Item #9 & 10 Pleasant Ridge Auto Parts, Inc. Page 18 Dorothy Wood: Thank you. Is there anyone else? Mr. Horsley, we're ready for your motion please. Donald Horsley: Unless Barry wants to make it. I'm prepared to make a motion that we approve the application, Item #9 & 10. Barry Knight: I'll second it. Dorothy Wood: A motion by Don Horsley, seconded by Barry Knight to approve Item #9 & 10. How do we do this? AYE 10 NAY 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER NAY WOOD AYE ABS0 ABSENT Ed Weeden: By a vote 10-1, Items #9 & 10 has been approved. Dorothy Wood: This is just a recommendation. I know that people who oppose, I just want to make sure that you realize that we are only recommending to City Council and you will have an opportunity to go to City Council and present your side, and thank you all for coming today. We do appreciate it. F / I HIS A PET I NON i OR l'l ll- R ELOC..ATION OF PLE:-kSAN`:RIDGE AUTO P.SR'l S; TO i I IF LOCATION Oi WEST NECK AND PRINCESS ANNE ROADS. �"13 ARL Rt_QUI_S"17NG A ZONING CHANGE- FOR THAT PROPER I'Y FR0\M TI-IF CITY. NAME ADDRESS n �t �r j; u,Wj2- c�aHI ,4rc [!ALSrrx17 •iff 45 (�'Z �Y. )r7/`�it 1 �J�� /) c ✓�� v i ?.3`./G, Sl9�r;7irN 6z %Gs . •: ✓ --- / 73- �iir�tr✓ `� C145 !✓A s233,90 THIS IS A PETTCION I -OR TILE RELOCATION OP PLEASANT IUDGL- AUTO PARTS: TO THE LOCATION OF WEST NECK AND PRINCESS ANNI: ROADS. WE ARE REiQUESI-fNG A ZONING CHANGE FOR THA F PROPERTY FROM THE CITY. ADDIUSS --71 N, 5f b p, g,�� / �(�/7 8 CIS wa,tC rZc,� 3 THIS IS A PETITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FROM THE CITY. NAME ADDRESS ;;J.-A MLs Q �f=��(n1(�7o,� gov-% (No(av C&ctK 0)ya. 3ea.,4 II V . PJA*S (G,A WM£R-Li DK • VA, i3 ActJ 2345 Cf I%�d 2 lu.riL.il OJ194t 1�'(3 c� 10 ef.'sd ;w7 VA.Geocx Vic Ir<r [?Pith V43 d 3 Str J �5 7 a3ys � VA 7 I y TI11S IS .a P1: 1l L10N FORTHE RELOCATION OF PLEASANIT RIDGE ALTO PARl'S; TO TIIF'. LOCA IiON 07- Wl-S"f NECK AND PRINCLSS ANNP ROADS. WE ARE REQUESTING A ZONING CIIANGE FOR "f'I-LAI' PROPER"]Y FRnN-1 THE. CITY. NAME A111)12F�F W-, z� 1 to o -1) .:A� CC Vf_3 l 3y s'f y rG �7 7 5;�7 V-5�7 j2go7 9V,:0 f THIS IS A PETITION FOR FHE RELOCATION OF PLEASANTRIDGE AUTO PARTS; TO THE LOCAI ION OF R%L'ST NI-Ch AND PR NCLSS ANNE ROADS. WE ARE P.J QIJI—:STING :\ !c]NING CHANGE FOR THAT PROPERTY FROM THE CITY. NAME ADDRESS 7 _U 1114- l �,41cC _L�� l��css pr Ys NC- Z714-0 5Il1 Uota (&" M Kl DJb 27I Sb m(A No,(, HX lnlaflRIA M,Y4 1\1�8 Iq 1, q so I THIS IS A PETITION FOR 1'1lE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO TIIF LOCATION OF WEST NECK AND PRINCLSS A.NNF ROA1)5 WE ARE. REQUESTING A ZONING CHANGE FOR 1 HAT PROPERTY FRONT I I -IF CITY. NAME ADDRESS , `/ j 2 etl(. r� t�Qae,�-� INVu Q 05 2 0 CllO.V(t`c,!1�JQC Q Ro a / CYVV UW 4 fz oo C-4 C/ i syS7 r d. WI TIIIS IS A PI=TTi'[ON FOR. THE PELOC ATION OF PLEASANT PJDGE AUTO i'.4T:TS; TO Z3Tc: LOC-�;10N OF WES] NECK AND PRINCLSS AiJNL ROADS. WE ARE RLQUFSTING A ZONING CHANGL- FOR THAT PI:OYGI:CY FROM 1 HF CITY. NAME J ecLn n i i A F� A - r ADDRESS 931 Tr IVCess 37(0� n• Cc� q o s vA/7 I/ 457 iv E 9 - 1/ 1^%t ZiC /h V4. 6<SA U q a3v.56 4-P. L 76-u � wMal LTA MMIAMI 51 2l45o 2'71 SO 0 THIS IS A PFTI NON FUR THE RELOCATION OF PLEASANT RIDGE AUTO I'AkTS; TO T1IF LOCATION OF WEST NLCk AND PPJNCL•SS.ANNl ROADS. WL ARL REOUL-S PING ;\ ZONI7VG CHANGE FOR'THAl- PROPERTY FRO.m THE CITY. ADDRESS C,U ..C,b . t/H /SJ, v'/J, �� WNEFsf� 15W 7:2-�,!Pne DX ov o LyyI -? �Ja anti a3�5'(p Alie,�r% 23y�Co I 07 P17 a THIS IS A PETITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FROM THE CITY. n NAME ADDRESS 2 J j- -2Z$ ZZ c C'l/ /oc % C1 Kiln. _ ��/ [ 4 . I�D. V(z�> Z'�`I Vfl. f EINV. a 3�s� d�� L16 21yr� S �_C �i c 6fon 3IY4 Arn i a/ Ja ii h aX Pam `/S6 / c) THIS IS A PETITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE REQUESTING A ZONING CHANGE FOR THAT PROPERTY FROM THE CITY. NAME ADDRESS awd..rw7 /J 3 T el 9 klrY6r l TI-q fL cH 2�{�Y Wes",-4 "3 c�r 2345�{ 7, '�( ciriss�oY� 1/Q 31VK�- 4� 34Gr :;�j fb-- z R-5*5-z e� y THIS 1S A PETITION FOR THE I -LOCATION OF PLL.ASzkNF IUDGL- AUT(1 PARTS; TO THE LOCAL ION OF WL-ST NECK AND PR1NCLSS ANNE ROADS WE tVL REQUES i ING .A ZONING CHANGE FOR IMAI' PROPERTY FRON1 TI-IE CITY. MCI-u� N�z,� r� ��3'7 I ( kee UA�4�I� /1G�te�L JRI�/��a 322f A,L.C/ ��SIIS7 I g 7 v -c) L 2 3<4 7 � SO �-5 27 •SZ L —�� %la' ll7C'r'f n�l/ r Nall /� /oL THIS IS A PETUPION FOR THE RELOCATION OF PUASANT RIDGE AUTO PARTS; TO THE. LOCATION OF WEST NECK AND PP.INCL:SS ANNU ROADS. WEARE REQUESTING A 70NIN6CNANG.E FOR IHA T PROPEWFY FROM THE CITY. NAME ADDRESS i l ioz`- N . S i �awm��n2 �n ✓4 a 14,-23Y _ 31(S7 fr,/ YS 5-46 7 j',jA t2j.e, W�, ram+ be �•� V¢ o3�/57 j�� Z341 il.��.tiL�,n Q��- d.��, �� 7-3vr7 �G1�1/vllf�C- �'/L�C�Zli6�� /.G '3G ��i✓!_�/'�1�-.1r/l�r �U��` THIS IS A PETITION FORTHE HE RELOCATION OF PLEAS.4N7f R1DGE AUT(.) PARTS; TO THE LOCAL ]ON OF WEST NECK AND PRINCL-SS ANNL ROADS. WE ARL PLE QUESTING A ZONING CHANGE. FOR IFIA I- PROPER FY FROM 'll?F CITY. NAME ADDRESS Ile. THIS IS A PETITION F•UR THE RELOCATION OF P.LLASANT RIDGL- .AliTO PAP:FS; TO THE LOCAI ION OF WES"1-NECK AND PR. NCE,SS ANNL- ROADS. W L ARE R QULSTING A ZONING CHANGE- FORTHAY PROPER FY FROI`11 THE CITY. NAME ADDRESS 7SZ3 c 3 V,6''D J1s7 C7i9Mr.r 1" ��.1rY/,o ?Pclf ��J an f ,Q�q%i c r GI7)% Z)AV f l fD 440a7T:)u2su ,D I'vC�7`iSo )S THIS IS A P UTION FOR TI1£ RELOCATION OF PLEASANT RIDGE :AUTO PART S;'FO TIIF: L()C'A1'lON Ol WEST NECK AND PRTNCL•SS .ANNE ROADS. `'<-I_ ARE REQULS'CING A ZONING CH.-\NGE FOR 'IFIAT PROPERTY FR0N4'FIJF CITY. NAME ADDRESS &-r.k Taal r/--4 GG /'14 VA P%R?� k A/'vin/ �hif[' QG�G'Y/ss Khc'�fs-r5�'�-nU� `.�� I1�ara150 Yjo-*{5 IS N07`iSU I I q � 99 lW (jIJArg Cree)< Cl-. Q3 `f.5 7 7rS-0 ,356�% !'Cc, �c , �37�L;(-r P-,�ef Cl J4 60� J A, Q�vp\ D� �F�r/,oti 7 lOS� �i uCFSt A., of �� _ 1J/� /��,¢u/4 L/,y. 0 THIS 1S ?. PE.TI rION FORTH£ RELOCATION OF PLEASANT RIDGE AUTO P:1RTS: TO TI IF: LOCATION OF W1=S I NECK AND PRlNCLSS ANNL. ROADS. WE ARL PLQUCiSTI.NG A ZONING CHANiGE- FOR "lI-lAT PROPER'IY FROM 'FI-IE. CITY. NAME Toh vl, ADDRESS 9m 6 1,e 4-c iJ,✓;(,� �r� r J1 �'%Zs ;��r^'„cesS ��e I� 234�� `'12 � f�i2rn�=� � /� N�c 12D ✓�i %ti 234 � . ,- TI IIS IS A PE 11ION f-OR THE RELOCATION OF PLEASANT FUDGE AUTO I . LOC.AI ION OF WEST NECK AND PRLNCLSS ANNE ROADS. WE ARE R- OULSI'ING A 7_UNIN'G CHANGE FOR `I HAI PROPFu'rY ; R0.m'iI-TF CITY. Ql�x� 1C d-"tna � 36 Knc1�5�S ��i n�_ ?5S cJ c L / ri / a' S-�'huaI,", c-r Aoi hire THIS IS A PETITION FOR "TIiE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO THE. LOCH I ION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE REQUESTING A LC)NING CHANGE FOR THAT PROPERTY FROM THF. CITY. NAME ( / ADDR/E,SLS I (, LI It)C i ts,, ku C.GL j /�aQ c // ,0D ,,'1rOI44rc f"- a345 � 1 ate_ V� r/� � x1vlY a s�- 3 oly T �r Y {�"' d-'mot,.- .�'✓r�,c�' .�� 2j'��(o 172 Re,,vcESs f AiAic ptJ 2325 7 '11r3 /cd_ z3Ys"7 /5 THIS IS A PFIT I ION l OR THE RELOCATION OF PLEASANT RIDGE At70 PARTS; TO THE LOCAYION OF WES"I' NECK .AND PRINCESS ANNE ROADS. WE ,,Kl- REQUESTING A ZONING CHANGE FOR THAT PROPERTY FR0.\1 THE CITY. NAME ADDRESS r% A, 1'}'1 C , e,c,t ��i 3 � �lr FaSnc n l_ _ 44f 01tktr ?&K r�l�dd ;%U THIS IS A PETITION FOR THE RELOCATION OF PL1 ASANT IUDGE AUTO PARTS; TOTHE LOCATION OF WEST NECK AND PRTNCLSS ANNE ROADS. W'E ARE P.E QtILSTING A ZONTNG CHANGE FOR TFLAT PROPERTY FRONA THE CITY. THIS IS A P}'"CI"t lON FOR THE RELOCATION OF PLEASANT RIDGE AUTO a1 PAI:1'S; TO TIME LOCA'I ION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE REQUESTING A "ZONING CHANGE- FOR THAT PROPERTY PRON-1 THE CITY. C NAME AUD1tyE�SS d` ^ n '/ 7 _ 1 A) 4 /-%LPG Scn -t k,,C- Ci F' / r �ai.✓I?S �Ll-�tf NIP YI J 7r'1 � �7 ��'i � �(/I/LY�f'� l<c1c) , � 7 s v/Z 3 L a v, 7'--7 A/c c Lc /G.L C)a>t n �oi,e -103 cI-. A L vG , THIS IS A 13I;1T{'ION I-CII: Tk1E RELOCATION OF PLEASANT RIDGE AUTO i ?,RTS: TO THE LOC'A'I tON OF WEST NECK AND PRTNCL-SS ANNE ROADS `\'E ARL P-EQULS I NG A •/CiNE,�G CHANGE- FOR "IHAY PROPER'l Y i=RO1l THE CITY. NAME p�ADLDRESS JFi.vVu ( „�(iGi)�ri ZDD.j V,D!`upw cj ee// D y- , (.9)9 --77 Jl ,✓ 3 Sr 4 r1n� % a % � /• z{813 P&d Rd. kl�q. 131 ?,Id 2 3y� /GOq �ee �e c><• V 'C (lz z33zZ Pad 23 TIIIS IS A PHTI LION f-0l,,TIIE RELOCATION OF PLL•'ASANT P.IDGE AUTO ('.ARTS, TO TILE: LOCA'I ION OF WEST NECK AND PRINCESS ANNL ROADS. W11 ARE REQULS"rING A ZONING CI .6,NGE FOR THAT PROPERTY FRO!N4 THE CITY. NAME ADDIZESS >1-;l -1 19'o 41, a1/ T111S IS A PETITION FOR THE RELOC'.ATION OF PI"GASANT RIDGE AUTO TILE: L(.)CA'l'ION OF WE-S"l NECK AND PRINCESS , NNE ROADS. WL ikRL PEQULSTING A ZONING CHANGE- FORT HA1 PROPER'I Y rRONI THE CITY. NAME ADDRESS A� �-� iz Lam, I�� r C. K l6`ll l°c paa A►z,,,4 `f5 ? w N T?od ',v' YNU V ft _ 1jpfflc—� 4 THIS 1S A PIACCCION FUI; "I HE RELOCA FION OF I'I.E ASAN"l- RIDGE :ki.:TO PARTS; TO I IE LOCAL ION OP WES"1 NECK AND PRINCESS ANNL ROADS. WE ARE Rl'Q.LfLST1NG A ZONING CHANGE FOR I HAT PROPERLY PRO\1 "CHF CITY. NAME ADDRESS yg� z fewn �)�, �� a v, a3q67:7 MX3,22- 3qs 7 THIS IS A I'I-, ITNON I OIL THE RELOCATION OF PLEr%SANT MIDGE AUTO PAIZ S; TO TI.IE. Lc MCA I [ON OF �%`ES7 NECK AND PP-TNCLSS ANNE ROADS. WE ARE REQULSTING, A ZONING C!4,NNGL- FOR THAI PROPEP IY FRONM T}IF CITY. 2 NANIE ADDRESS 11 THIS IS A PI-XITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO LIAR"i'S; TO THE LUCAI ION OF WEST NECK AND PRP.NCLSS ANNF. ROADS. WE ARF R1-QULSTING A ZONING CHANGE- FOR THAT PROPERTY PROM'fHE CITY. NAME ADDRESS ��l,r.eUy lS //IL > f�ajxx i�/ i� ��;'uoy��5 / �Jrll UC :� /nSl�c C]IC C►l ihi �1yr r(A 1hrVIL, 11tllI,'L �74°c� mac,.ItX rcl V ?�z �scrG 000I C _Joy Qc e jogs Tof5lo, C7 - VA 7" EEN 3�s' Z'yq,e(,—y i�/eo-r lac) THIS IS A PF_11I ION 1 OR TI-IF RELOCATION OF P1_EASANI' RIDGE AUTO PARTS; TO TIIf: LUCAI ION OF WFIST NECK AND PRNWESS ANNE RCW)D- wl_ ARE RL'QLJLSTTNG A "LONIN1G CHANGE- FOR] HA I- PROPERTY FRO\1 THE. CITY. NAME jr�A(ZO S.IVIC"0,✓ ADDRESS S6 PfetljCeSS 3�_rL- 3G Y RR TY rt/c c.�c r/A . �v4v VA, 7OyY'lo �r)21 �34s6 Ala/ `Xiuce<5 /�/LAIF A LIA gvlolclf I c�L /oo o �'/i c tee ss �in<cz IZd 21 Sc- y THIS IS A PETITION FOR. THE RELOCATION OF PLEASANT RJDGE AliTO PARTS; TO Tl IE LOC'A 1'10N 01 WES7 NECK AND PRINCL-SS ANNE ROADS. EVE ARE Rt'Ql1LSTIN(; A Z(.)NING CHANGE- FOR YHA Y PROPLR'fY FRO\9'f14F. CITY. NAME ADDRESS U11)le �Fr� !-FrG t'✓1 'S:3 �iS��u=1 �t E'..�Cy nn 5� 0% OAC Chr; s a LLA-dQIT,& MWr�� JJ I THIS IS A PETITION I OR THE RELOCATION OF PLEASANTRIDGE AUTO PAR1 S; TO TI IE: LCiCA I ION OF WEST NECK ,AND PRINCESS ANNF ROADS. \;v1= ARL Ri-QUESTINO .A /0NING CHANGE- FOR THA1 PROPEP I Y FROI<4 -IT.F NAME ADDRESS e•�nL�b :I/;o q, S1 1236?i.nc•P5s 040 3 Z Z,? eiA4x 151Aws.pj <tit� AfA lrjAr ri 9 4.e THIS IS A PF.T[ 1'10N I.OR THE RELOCATION OP PLEASANT RIDGE AUTO P.ARI S; TO I'l IF! LUC:� l'ION OF WI'S7 NECK AND PRINCLSS ,4NNF. ROADS. WE ARE REQUES l'ING A ZUNTNG CHANGr FOR 1'HA I' PKOPFR'I Y FROM] PF CITY. o/ ADDRESS C i! 63�� • 1/�3 2 9y o tiU . l.a k d,' �� _ 11 3 ys� 4,9 3 `j (� 9 /3 3 /UPc K I U 1$ Uf! 3 N s" (o Z-40 `�1Lwc_F55 N� 1� Up �sys� 373 UJ & of 3y 3Yz o " 3� s , i `i7 1" L(?,� KGC (�a r 23 4fe, S U rinceSS ',4,(Q— { p. �3g�f �aA4ntxae. THIS IS A PETITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO TIIE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE REQUESTING A 'ZONING CHANGE FOR THAT PROPERTY FROM THE [aIvd NAME ADDRESS • t--- 7-60 _..a ►C -DfiIy -Rose,,' IfSSZ GFJksHwinj DrZ ViS P,�rcc AS14 4901 QeCI}*QP c.A3., VA i3e-AC// J.-rdd WK;+eatll y60 PRo%kF33 APJMCTtD. V%6E^ctq TAM"8aeiue:Y 2&93 VA-15e.CH Eric E9-r-&MAN /I'il ckvcc-:, sfoup-T Vw REAP% TI-IIS IS A PETITION FOR THE RELOCATION OF PLEASANT RIDGE AUTO PARTS; TO THE LOCATION OF WEST NECK AND PRINCESS ANNE ROADS. WE ARE REQUES"IING A ZONING CHA-iIGE FOR THAT PROPERTY FROM THE CITY. NAME ADDRESS 23y s;-L. - 5qs a "6 y Current Planning Division Municipal Center Building 2, Room 115 2405 Courthouse Drive Virginia Beach, Va. 23456-9040 Mr and Mrs. Raymond E. Lobus 4132 West Neck Rd. Virginia Beach, Va. 23456 Re:Pleasant Ridge Auto Parts, Inc. �" 0 (K 16-210-CRZ-2004) Dear Planning Commission Members: When I bought this lot four years ago from Wayne Murden, he told me that the surrounding properties were zoned agricultural and would remain as such. This was one of the major reasons for my purchase. I did not want to be in a city environment, with all the negatives associated with that. Now, he is attempting to change the conditions, with all the negative impacts associated with that He gets the money and we are left with the traffic, business next to our properties, etc. I've invested much of what I have, being retired, in this home. The city of Virginia Beach is enjoying the increased real estate taxes from that investment. I feel that the city would be breaking faith with us if they approve this rezoning request Please do not approve this petition. Sincerely yours, Mr.& Mrs. Raymond Lobus April 7, 2004 Mr. Robert Scott Director, Planning Department Municipal Center — Bldg 2 2405 Courthouse Dr. Virginia Beach VA 23456 Dear Mr. Scott, On behalf of many residents of the Pleasant Ridge community, I submit the attached letter of petition. This letter expresses our individual and collective opposition to an ongoing action whereby the NW comer of the intersection of West Neck and Princess Anne Road is proposed to be rezoned from Agricultural to Commercial. Essentially all nearby residents whose quality of life and residential property values would be affected by the proposed rezoning have expressed their firm opposition. Nearby residents not on the list were either not able to be contacted, or, some have equities in the commercial development prospect(s). I request that you distribute copies of the petition letter (four pages) to each member of the planning commission and each member of Va. Beach city council. Also attached is an original letter from a former resident, attesting to the fact that their family, mine, and others, were approached during or about 1998, by the landowner(s) of the property in question. In that action, the landowner sought and received neighborhood signatures on his petition to "develop two or three" additional properties on his acreage. The "quid pro quo," as I and others recall, was that "the remainder of his properties would "remain in agricultural zoning/use." That same property is now being proposed for three acres of Commercial zoning. I have sought to find some evidence of this "proffer" to no avaiL Whether or not it was used to achieve the development approval is not clear. Inexplicably, no record of it exists. I request that you make the attached letter also a part of the official record. I would appreciate your informing me of the schedule and key milestones for the proposed rezoning hearings. I further ask that you make available, copies of the application for the rezoning, as well all comments by the various agencies who review such actions. Please extend our thanks to Ms. Karen Prochilo for her most professional support throughout this process. She certainly exemplifies the ideal public employee. Thank you in advance. Sincerely Daniel Franken, CAPT, USN (Ret) LETTER OF PETITION TO VIRGINIA BEACH CITY COUNCIL AND PLANNING COMNIISSION The undersigned citizens of Virginia Beach and residents of the Pleasant Ridge area hereby express our utmost opposition to a request for zoning change that would permit the construction of a NAPA auto parts store on the NW corner of the intersection of Princess Anne and West Neck Roads. There are numerous reasons for our opposition, foremost being that such an enterprise will have a negative impact on the rural residential environment that each of us seek and is why we live here. Second, locating a new, larger store at this critically busy rural intersection of West Neck and Princess Anne Roads will exacerbate already intense traffic density, further decrease safe travel, and worsen the area's quality of life. Third, we believe that a zoning change from Agricultural to Commercial will eventually pave the way to an unstopping rationale for further commercial development at a key nexus of roadways and country homes. Other critical points: The proposed rezoning is in conflict with the newest Virginia Beach Comprehensive Plan (dated Dec 2003) in nearly every respect. For instance, the Plan's policy guidance for the rural area of the city states: "protect rural character and existing scenic views... franchise retail, office parks or shopping centers are not to be encouraged... create non-residential development at key crossroads to encourage community interaction of people, not vehicles... commercial retail development should be located in existing defined rural commercial centers, such as Creeds and Blackwater, for supporting the local rural community in lieu of strip shopping center development. " Regarding Residential Development, Guidelines call for: "Rural settlement patterns reinforce pastoral ways of life... immediate views along the main rural roads are of pasturelands, croplands... located at a distance off the road are farm homes, barns, silos, and other outbuildings. " The Rural Area (all city area south of Indian River Road) is designated a Special Area per the Comprehensive Plan. As such, limited low density residential development, and no additional requirement for v�l infrastructure is called for in the plan — with preservation of the rural character having prominence. It is for this very reason that so many residents of this Special Rural Area chose to invest in homes and acreages to live here. The erection of a new commercial activity (in an area that is, arguably, already too densely developed) within a very close distance (hundreds of feet and hundreds of yards) to no less than fifteen homes is unacceptable. Approval for such a rezoning and commercial development would certainly violate both the letter and intent of the Comprehensive Plan. When the impact on traffic safety, noise, overall environment and other factors are considered, the proposal appears completely incongruous to the neighborhood and public good at large. Said another way, the residents of this area have deliberately invested in half -million dollar homes, and don't expect nor desire an auto parts store plunked within their midst. The current NAPA store appears to serve the area completely satisfactorily and is a part of the accepted landscape. There are dozens of businesses located in appropriate commercial nodes that offer similar or like products to that of the NAPA store — all within relatively short distances. We, like most families who chose to live in country, expect and desire to purchase consumer products at establishments in commercial sectors of the city — that is why we live here. The subject rezoning request presents a test of the city's commitment to its policy and vision — its Comprehensive Plan. In so doing, it will explore what is in the best interests of the citizens. The signers of this petition have made strategic decisions for our families and futures by choosing to live here, and we rely on the words and commitments of our public officials and elected representatives. We have dedicated a large amount of personal resources to invest in rural homes and enjoy a unique quality of life. In advance, we thank the employees who serve the city of Virginia Beach staff; members of the Planning Commission, and City Council for their integrity, vision, and commitment to our great city. NAME & ADDRESS SIGNAM DATE vANiE� /I�ANEEN//E/ G2Esr Ec .�d CC 1p ti �- G� ?7r d/✓ /�Ln� ' � ��Yif a��"!L orc � �Z �12A (6, �1ZaH-A SV- l 17 -7 L,Qcy ILA 30 Pr�n cc-ss Knyvv- � 4ea ch , V ik D30s(p ll �o Jq e %�C/. JR,e v,5 Ivo'es e- lec . Z�f Z j rJu � S4e�o A -le A em- Tperf,�E ��M✓3✓zE � �liR6, I�iA j�E/kGµ) YA a 3'/-5 �'J�l'San� ��u•n�T O -11G 3/Lo c 4-il ��. W , cia�� C<::'�1: N1411- v�•`�\\lY'i'.�.5 wF1 `j i .3efrt A LaK 14171� `t ncPss�� 1�� , Yc�4nia VA a�AS-O r "I MELINDA March 30, 2004 KICKLIGHTER To Whom It May Concern: 2415 Elko Road Elko, GA 31025-2177 1 was asked by former neighbors from the Pleasant Ridge area to recall events of about 1998, wherein the Murden family sought to have permis- sion to build two or three additional homes on the Murden acreage bor- dered by West Neck and Princess Anne Road. Let it be known, that 1 signed the Murden's petition. The "Proffer", as said by them, contained their pro- posal, that the remainder of their agricultural zoned property would remain in agricultural use. Sincerely, Melinda G. WkIdigh, ter, form ` resident 4177 West Neck Road Virginia Beach, VA 23456 Phone: 47"88-8045 Emrnl: queenpungo@msn. com S S L� OLP Yi\\aM In Reply Refer To Our File No. DF-5874 TO: FROM: M Leslie L. Lilley William M. Macali 10 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: July 28, 2004 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application Pleasant Ridge Auto Parts, Inc., Phillip W. Murden, Jr. and Connie D. Murden The above -referenced conditional zoning application is scheduled to be heard by the City Council on August 10, 2004. I have reviewed the subject proffer agreement, dated March 23, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/nlb Enclosure PREPARED By. SYKES. ROURDON. AIIERN & LEVY. P.C. PLEASANT RIDGE AUTO PARTS, INC., a Virginia corporation PHILIP W. MURDEN, JR. and CONNIE D. MURDEN TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 23rd day of March, 2004, by and between PLEASANT RIDGE AUTO PARTS, INC., a Virginia corporation, Grantor, party of the first part; PHILIP W. MURDEN, JR. and CONNIE D. MURDEN, husband and wife, Grantors, parties 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 parties of the second part are the owners of a certain tract of land located in the Princess Anne District of the City of Virginia Beach, containing approximately 17.113 acres, a three acre portion of which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said three acre parcel is herein referred to as the `Property"; and WHEREAS, the party of the first part, being the contract purchaser of the Property 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 Classification of the Property from AG-1 and AG-2 Agricultural Districts to Conditional B-2 Community Business 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 GPIN: 2402-70-7983 (Portion of) I PREPARED B'�. SYKKS.BOURDON. AIIERN & LEVY. P.C. 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 with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in or title: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "PRELIMINARY SITE PLAN OF PART OF THE PROPERTY OF PHILIP W. MURDEN, JR. & CONNIE D. MURDEN, Virginia Beach, Virginia", prepared by Kellam-Gerwitz Engineering, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter `Site Plan"). 2 2. The architectural design of the building depicted on the Site Plan and he landscaping to be installed will be as depicted on the exhibits entitled, (a) `PROPOSED NAPA AUTO PARTS STORE; Princess Anne Road and West Neck Road," sated 12/ 15/03, prepared by Porterfield Design Center (hereinafter "Rendering") and (b) "PROPOSED LANDSCAPE PLAN - NAPA AUTO PARTS STORE", dated 2/ 12/04," (hereinafter "Landscape Plan"), which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. There will be no permanent lighting of the parking lot or driveways depicted on the Site Plan. With the exception of security lighting mounted on the corners of the building, the only exterior lighting on the building will be at the southeast corner of the building (entrance). The lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining 4. The freestanding sign designated on the Site Plan shall be as depicted the exhibit entitled, "SIGN ELEVATION, PLEASANT RIDGE AUTO PARTS," dated 12-04 prepared by Porterfield Design Center (hereinafter "Sign Elevation"), which .s been exhibited to the Virginia Beach City Council and is on file with the Virginia rach Department of Planning. The brick base and columns of the sign shall match e brick base of the building depicted on the Rendering. 5. The building depicted on the Site Plan and Rendering shall be twenty- e feet (251 in height and shall have an exterior wall color of "Light Stone" and an .terior roof color of "Medium Bronze" as depicted on the "A & S Building Systems - DMMERCIAL - INDUSTRIAL SERIES" color palates which have been exhibited to e Virginia Beach City Council and are on file with the Virginia Beach Department Planning. The base of the exterior of the building, to a height of three feet (31, call be a reddish -brown brick. 6. When the Property is developed, the only uses permitted shall be Retail stablishments; business studios, offices and clinics; Greenhouses and plant PREPAPED BY:11 7. Further conditions may be required by the Grantee during detailed Site . SNTES.90URDON. (Plan review and administration of applicable City codes by all cognizant City EVY ANERN &L. P.C. agencies and departments to meet all applicable City code requirements. 3 PREPARED BY: MSYKES. BOUPDON. UIERN $ LEl'Y. P.C. All references hereinabove to B-2 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or vaned 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 as conclusive evidence of such consent, and if not so recorded, said shall be void. The Grantors covenant and agree 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 including the authority (a) to order, in writing, that any noncompliance such conditions be remedied; and (b) to bring legal action or suit to insure liance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 19 (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED By. SMS. POURDON. Mil ANLRN & LEVY. P.C. WITNESS the following signatures and seals: WIMINNISIA PLEASANT RIDGE AUTO PARTS, INC., a Virginia corporation r' By: y�� r✓ (SEAL) Steven W. Sim on, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 24th day of March 2004, by Steven W. Simpson, President of Pleasant Ridge Auto Parts, Inc., a Virginia corporation, Grantor. My Commission Expires: August 31, 2006 PREPARED BY: �SYKES. ROURDON. A14ERN & LEVY. P.C. 11 Notary Public WITNESS the following signatures and seals: GRANTORS: (SEAL) Philip W. Murden, Jr•. i -, .�i' v-.G (SEAL) Connie D. Murden STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 24th day of March 2004, by Philip W. Murden, Jr. and Connie D. Murden, husband and wife. My Commission Expires: August 31, 2006 PPEPABED By 1318 SYKES. ROURGON. 1RERN & LEVY. P.C. Notary Public # I DATE I REQUEST I ACTION 1 05/25/99 Rezoning from AG-1/AG-2 to Conditional R-10 Granted 2 10/23/01 Rezoning from AG-1/AG-2 to Conditional R-10 Granted 3 05/09/95 Conditional Use Permit for church expansion Granted 4 04/28/92 Rezoning from AG-2 to R-15 Granted 5 09/09/85 Rezoning from AG-2 to R-10 Granted CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Highcourt Associates, L.L.C. — Change of Zoning District Classification and Modification of Conditions MEETING DATE: August 10, 2004 ■ Background: An Ordinance upon Application of Highcourt Associates, L.L.C. for a Change of Zoning District Classification from Conditional R-10 Residential District with Historic and Cultural District Overlay to Conditional R-10 Residential District with a PD-H2 Planned Unit Development District Overlay and with Historic and Cultural District Overlay on property located at the northeast intersection of Holland Road and Princess Anne Road (GPINS 24040452780000;-63530000; - 73290000;-74960000;-65900000;-656900001-67660000;-76990000; - 86720000;-953700001-95920000;24041404460000;-14010000;-13650000;- 22480000;-21380000;-11910000;-10530000;24041319150000;-08570000;- 08000000;24040397620000;-86970000;-764800001-77690000;-88360000;- 89930000;-99580000; 24040490970000; 24041401240000; -02430000; 24040493700000; -83950000; -82160000; -81990000; -80890000; -80020000; - 70050000; -61650000;-42610000;-30520000;-51120000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 7 — PRINCESS ANNE An Ordinance upon Application of Highcourt Associates, L.L.C. for a Modification of Conditions for a Change of Zoning District Classification approved by City Council on May 25, 1999 (BG Construction Corp.) on property located at the northeast intersection of Holland Road and Princess Anne Road (GPINS 24040452780000; - 63530000;-73290000;-74960000;-65900000;-65690000;-67660000;-76990000; - 86720000;-95370000;-95920000;24041404460000;-14010000;-13650000;- 22480000;-21380000;-11910000;-10530000;24041319150000;-08570000;- 08000000; 24040397620000;-86970000;-76480000;-77690000;-88360000: - 89930000; -99580000; 24040490970000; 24041401240000;-02430000; 24040493700000; -83950000; -82160000; -81990000; -80890000; -80020000; - 70050000; -61650000; -42610000;-30520000;-51120000). DISTRICT 7 — PRINCESS ANNE Highcourt Associates Page 2 of 3 ■ Considerations: The applicant is requesting a change of zoning to add a PD-H2 Planned Development District Overlay to the current R-10 Residential District with Historic and Cultural Overlay District designation. The proposed development was originally part of a 15-acre tract surrounding the Venner home, an 181h Century Georgian style structure. The site was rezoned to Conditional R-10 Residential District with Historic and Cultural District Overlay on May 25, 1999. The rezoning included a proffered subdivision plan showing 39 lots. The applicant now desires to develop the site in greater consistency with the historic character of this area by moving the homes forward on their respective lots. The applicant proposes 20-foot front yard setbacks with porches, stoops, and steps allowed to be within the 10 foot setback area. The R-10 zoning district, however, requires a 30-foot front yard setback. To address the desire for reduced setbacks, the applicant sought a variance for a large number of the lots in the subdivision from the Board of Zoning Appeals (BZA). On December 3, 2003, the BZA heard the applicant's request and denied it. It was determined that the applicant needed to utilize the alternatives available in the City Zoning Ordinance, which in this case is a change in zoning to PD-1-12. The PD-1-12 Planned Development District will allow the applicant to have the desired flexibility in regard to setbacks and other dimensional requirements, necessary to creating a village atmosphere within the neighborhood. The applicant has submitted a revision to the proffer agreement that includes new site dimension parameters. The revised proffer agreement also incorporates the guidelines listed in the General Certificate of Appropriateness that was granted to the applicant by the Virginia Beach Historic Review Board in April 2004. The flexible site dimensions proposed will provide a unique opportunity to create a village atmosphere and are considered to be a refinement of the original plan and therefore equal in quality to the original agreement. 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 the requests as proffered. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Highcourt Associates Page 3 of 3 Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: City Mana IL Planning Departments �� 112-215-CRZ-2004 112-215-MOD-2004 HIGHCOURT ASSOCIATES, LLC Agenda Items # 16 & # 17 July 14, 2004 Public Hearing Staff Planner: Barbara Duke 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. IqLocation and General Information REQUEST: 16. Change of Zoning District Classification from Conditional R-10 Residential District with Historical/Cultural District Overlay to Conditional R-10 Residential District with a PD-H2 Planned Development District Overlay and Historical/Cultural District Overlay. LOCATION: 17. Modification of Proffers from the Conditional Change of Zoning from AG-1/AG-2 to R-10 Residential District with Historical/Cultural Overlay granted by Council on May 25, 1999. Property located at the northeast corner of the intersection of Holland Road and Princess Anne Road. �j42 y, Gp ? •'f?. .B G HIGHCOURT ASSOCIATES Agenda Items # 16 & # 17 Page 1 G PI N: 2404045278;2404046353;2404947329;2404047496;2404046590;24 04046569;2404046766;2404047699;2404048672;2404049537; 2404 049592;2404140446;2404141401;2404151053;2404131915;240413 0857;2404130800;2404039762;2404038697;2404037648;24040377 69;2404038836;2404038993;2404039958;2404049097;2404014012 4;2404140243;2404049370;2404048395;2404048216;2404048199;2 404048089;2404048002;2404047005;2404046165;2404044261;240 4043052;2404045112 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE SITE SIZE: 12.93 acres EXISTING LAND USE: Developing single-family residential subdivision of 39 lots SURROUNDING North: • church / AG-2 Agricultural District LAND USE AND South: • single family homes / AG-2 Agricultural District ZONING: . single family homes / Conditional R-10 Residential East: District • single family homes / AG-2 Agricultural District with West: Historical/Cultural District Overlay NATURAL RESOURCE AND CULTURAL FEATURES: The site is located in the Courthouse Historic District. AICUZ: The site is in an AICUZ of 65 to 70dB Ldn surrounding NAS Oceana. HIGHCOURT ASSOCIATES Agenda Items # 16 & # 17 Page 2 Summary of Proposa The applicant is requesting a change of zoning to add a PD-1-12 Planned Development District Overlay to the current R-10 Residential District with Historic and Cultural Overlay District designation. The proposed development was originally part of a 15-acre tract surrounding the Venner home, an 18t' Century Georgian style structure. The site was rezoned to Conditional R-10 Residential District with Historic and Cultural District Overlay on May 25, 1999. The rezoning included a proffered subdivision plan showing 39 lots. The applicant now desires to develop the site in greater consistency with the historic character of this area by moving the homes forward on their respective lots. The applicant proposes 20-foot front yard setbacks with porches, stoops, and steps allowed to be within the 10 foot setback area. The R-10 zoning district, however, requires a 30- foot front yard setback. To address the desire for reduced setbacks, the applicant sought a variance for a large number of the lots in the subdivision from the Board of Zoning Appeals (BZA). On December 3, 2003, the BZA heard the applicant's request and denied it. It was determined that the applicant needed to utilize the alternatives available in the City Zoning Ordinance, which in this case is a change in zoning to PD-H2. The PD-1-12 Planned Development District will allow the applicant to have the desired flexibility in regard to setbacks and other dimensional requirements, necessary to creating a village atmosphere within the neighborhood. The applicant has submitted a revision to the proffer agreement that includes new site dimension parameters. The revised proffer agreement also incorporates the guidelines listed in the General Certificate of Appropriateness that was granted to the applicant by the Virginia Beach Historic Review Board in April 2004. The Conditional Rezoning from AG-1 and AG-2 Agricultural District to R-10 Residential District with Historic and Cultural District Overlay was approved by the City Council on May 25, 1999. The Conditional Rezoning has seven (7) proffers: When the Property is developed, it shall be developed as a single family residential community substantially in conformance with the Exhibit entitled "Preliminary Subdivision of COUNSELORS CLOSE" dated July 16, 1998 (rev. 24 February 1999), prepared by Hoggard/Eure Associates, 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"). HIGHCOURT ASSOCIATES Agenda Items # 16 & # 17 Page 3 2. When the property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions') administered by a Homeowners Association. The Deed Restrictions shall include an Article providing for Architectural Controls, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. All residential dwellings constructed shall have exterior surfaces, excluding roof and trim, of brick and shall have a minimum of 2600 square feet of enclosed area. 4. When the Property is developed, every reasonable effort will be made to preserve as many of the existing trees on the site and a tree preservation plan shall be submitted to the GRANTEE for review along with the Preliminary Subdivision Plan. 5. The entrance feature for the community and the landscape easement along Princess Anne Road shall be substantially as depicted on the Concept Plan. 6. All street lights shall be "colonial' style which either match those currently used within the Virginia Beach Municipal Center complex, or are approved by the Virginia Beach Historical Review Board. 7. Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The proposed changes to this existing agreement are as follows: Proffer #2 states that all lots within the subdivision are subject to a recorded Declaration of Covenants that includes Architectural Controls administered by the Homeowners Association. Proffer #2 is being modified to reference a revised Declaration, dated March 4, 2004, that includes the architectural guidelines agreed upon with the Virginia Beach Historic Review Board, The Virginia Beach Historic Review Board granted a General Certificate of Appropriateness for this development in April 2004 subject to certain architectural guidelines. Proffer #3 states that all residential dwellings shall have exterior surfaces of brick. Proffer #3 is being modified to widen the options of exterior finishes to include brick, wood, true stucco, or hardboard siding. These options were agreed upon with the Virginia Beach Historic Review Board and are included in the architectural guidelines listed in the General Certificate of Appropriateness granted by the Virginia Beach Historic Review Board for this development in April 2004. Proffer #4 is being deleted. The site has already been cleared of the majority of trees that existed. Tree preservation on this site was limited to those trees located within the open space areas due to the lot grading required for stormwater drainage. HIGHCOURT ASSOCIATES Agenda Items # 16 & # 17 Page 4 Major Issues The following represent the significant issues identified by the staff concerning this request. Staffs evaluation of the request is largely based on the degree to which these issues are adequately addressed. • The property should be developed in a way that maintains the historic integrity of the Courthouse Historic District • The proffer revisions should result in an equal or better level of quality for the overall project than what exists with the current recorded proffer agreement. Comprehensive Plan The Comprehensive Plan recognizes this area as a Primary Residential Area. The overriding objective of the Primary Residential Area is to protect the predominantly suburban character of the stable neighborhoods in this area. The site is also within the Courthouse Historic and Cultural District. The new residential development surrounds an existing 18t' Century Georgian style home. The design of the new subdivision should reinforce the existing historical characteristics of the area. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to 'offset identified problems to the extent that the proposed rezoning is acceptable," (§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. HIGHCOURT ASSOCIATES Agenda Items # 16 & # 17 Page 5 Proffer numbered "2" is amended to read: The Property, PROFFER # 1 being all thirty-nine (39) lots and three (3) open space parcels within the "Subdivision of Highcourt", shall be subject to a recorded "Declaration of Protective Covenants, Conditions, Restrictions, Easements, Charges and Liens For HIGHCOURT", dated March 1, 2004 ("Deed Restrictions"). The Deed Restrictions shall include an Article providing for Architectural Controls which shall be administered by a Homeowner's Association, consistent with the provisions contained in the "General Certificate of Appropriateness", dated April 6, 2004, issued by the Virginia Beach Historic Review Board. A copy of the Deed Restrictions and "General Certificate of Appropriateness" have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER # 2 Proffer numbered "3" is amended to read: All residential dwellings and any accessory structures shall have exterior finishes of brick, wood, true stucco or hardboard siding with one of these materials being at least eighty percent (80%) of the exterior finish. The style and color of the brick used shall comply with the specifications of the "General Certificate of Appropriateness", dated April 6, 2004 issued by the Virginia Beach Historic Review Board, a copy of which is on file with the Virginia Beach Department of Planning. All dwellings shall have a minimum of 2600 square feet of enclosed area. PROFFER # 3 Proffer numbered 'A" is hereby deleted. PROFFER # 4 When the Property is developed, the following building setbacks and restrictions shall be required: (a) Front yard setback for enclosed dwelling - 20 feet (b) Front yard setback for unenclosed, attached one- story porch —10 feet (c) Side yard setback adjacent to a street — 20 feet (d) On the comer lots, the front yard is the area adjacent to the longest property line adjacent to a public street. HIGHCOURT ASSOCIATES Agenda Items # 16 & # 17 Page 6 (e) Maximum lot coverage in percent — 35% (f) Maximum building height, measured to the highest peak of the roof, not to include ornamental railing — 35 feet (g) Except for lots numbered 23 and 24, the minimum rear yard setback for accessory structures — 5 feet. (h) The minimum rear yard setback for accessory structures on Lots 23 and 24 —15 feet (i) Any fencing within front yards and side yards adjacent to streets shall be an open, maintenance free, "wrought iron type" fence not to exceed 3 feet in height. Such fencing may be installed with a zero foot (0') setback without a specific landscaping requirement. Except as herein provided, the Property shall be developed in accordance with the criteria set forth in Section 500 through 507 of the Virginia Beach CZO in effect on the date of recordation of this Agreement. PROFFER #5 All of the terms, conditions, covenants, and agreements set forth in the Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4089, at Page 0976, save and except those either Amended ("2" and "3") or deleted ("4") herein, are ratified, affirmed and remain binding upon the Property and upon all parties and persons claiming under, by or through the Grantor. Staff Evaluation of This proffer amendment incorporates the architectural Proffers: standards that were worked out between the applicant and the Virginia Beach Historic Review Board. The proposed land use plan contains site dimensions that will provide builders the flexibility needed to take advantage of a unique opportunity to create a village atmosphere, enhancing the historic nature of the area. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated April 19, 2004, and found it to be legally sufficient and in acceptable legal form. HIGHCOURT:ASSOCIATES Agenda Items # 16 & # 17 Page 7 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 proposal's strengths in addressing the 'Major Issues' are (1) The applicant is incorporating the guidelines provided by the Virginia Beach Historic Review Board into the proffers. This will ensure that the property is developed in a way that maintains the historic integrity of the courthouse area. (2) The flexible site dimensions proposed will provide a unique opportunity to create a village atmosphere and are considered to be a refinement of the original plan and therefore equal in quality to the original agreement. Staff, therefore, recommends approval of this request. 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. HIGHCOURT ASSOCIATES Agenda Items # 16 & # 17 Page 8 Supplemental Information Zoning History 1 05/25/99 Rezoning from AG-1/AG-2 to Conditional R-10 uranteo 2 10/23/01 Rezoning from AG-1/AG-2 to Conditional R-10 Granted 3 05/09/95 Conditional Use Permit for church expansion Granted 4 04/28/92 Rezoning from AG-2 to R-15 Granted 5 09/09/85 Rezoning from AG-2 to R-10 Granted HIGHCOURT ASSOCIATES Agenda Items # 16 & # 17 Page 9 S Exhibits Exhibit A -1 Site Plan E HIGHCOURT ASSOCIATES Agenda Items # 16 & # 17 Page 10 1 ` A �• Y MIN 1—zo ggg rsr rl 8a 8 i h a.� •-3runrn.HnuvY- .ee � saw 0 1 ^ 1 JMv 0, I f1 - f ' e � 4 1 Q bil HL Se�i�44 : Exhibit A - 2 F` Site Plan O< _ ; a HIGHCOURT ASSOCIATES Agenda Items # 16 & # 17 Page 11 Exhibit B - 1 Building Designs HIGHCOURT ASSOCIATES Agenda Items # 16 & # 17 Page 12 u ti7*1 7 W f � 1 � _ E; a I i mA c ^Lyy nL o m m c_o 5 cm eio > o O L L `c F. m o C ¢ C C£2f' ?�e a m^ c C .O. 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F i� P yC�C00LG fV .e C t n a V o_ cc a I u o w a m l a i E m �° E ri E L _rm oi; pa° r p v° q c �acm O a n o= mm V O E E Cl� y m o cL g W NC?y aN ^ L O c ° F U 02 Cq N = e e m O 0 C d m d 0 N O U C j Z m O _ ( c a n'> ;' E a d R C ry W a V m; d o o m a o p cLi a O` ° L E m N _ 1 'E R e y e E E m om O�. > u T O 0 .01 .9 � Vp a=VO C 10 GLm n$ 8 R ac m23 -n�-nem-+ cnES ]Nt j8 PTdPn o� 20_m cmE �O� =U1l N ❑ U=]� ± N I L Disclosure Statement HIGHCOURT ASSOCIATES Agenda items # 16 & # 17 Page 15 r_ CE m V 12 m'Qc'E a`�ic°ioEE y iC m E f C p O Umc u I L mC!�p nC =8'c vil 4 c a p�u2aLL �m o V �3D0 J p i.NL C y° DO u 1 d O C 6 O u C 4 W7 ICECE -ES-- -- m t' ! o Vm—pu I N�m �»t =R]'i NLCS v] V m yLNO C32�gc �S c• 5 m v m e m n ° `o '� p ° Q� UUm vCCi .Y s o a ; ri cYE 'o Es ym G- n L m rt o t'a ,� n_ �. G o a '. S •I ii ` C C� V �� w� L p G� yzL I I SS Ci `p T�Q�A�.LNN�.= Exhibit C - 3 - -- - - Disclosure p c v ° zi 3si �31n L m C y 52 FF s ggo °gyZm 0. E 1p� c o Y c oEm�. 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O C app c N C = I i--e aa$S ac3m Q` O EG U l >� R C R O m C L O __ Ci Ga yAyo �._oc D c m R ¢ua m e 7E c c w L c r L = may}' GOn C _ Iv. _.CLC`yC y Q: � - J m Ict O g ` a A N ❑ HIGHCOURT ASSOCIATES Agenda Items # 16 & # 17 Page 17 1-2 Exhibit C - 5 Disclosure Statement n= + E C O C O p U 5c ° C O W > mm_22 � c $cRmpp.m n¢ me`n �I pE c`r°�mc; 'zoo FIgg C2Z '9m co n ='mRm Bce Z 1, noo Qmg`�c° oc LOE(qq� `2ec1 R� Z il2 9� E 6 n '� m E 4 L m E u=" E o J� •� UI � J � O t m C m m�O@ N; U 8_ _ 1 Z y 0V C 5 O@ OT ro p -5r�: p>c i i 1 a m N A 1[ U r C P C dc'� m@°mmmaEo`mg L iQQ C_ m or .S=c oWWc m,��u8m wRo opd R Q m cn _ � 1� i �, 1 s 0 O c U C E e�eU mes �vi4o:m OG_SL O'i O C C N t N N c O E'` �E__ N m _ 7 -ra I a qd. a°cc .`moo Oa w o o y` cN mas fi nii�c� 6 c_ � vi Omp u° u, J N N p a v = O •. 0 O E G¢ C .4 N C U nn;3� caz ¢- R yce OEO s ry J Q C O O V GR Qoo� U U-, ` E a R S m I =o Qcrn�`g °`N nc I � L R 4oa mg'c N5 5p t 0 m r R N m a E _'S = mVC R.N _ L pU V y J ¢ c L L_ q> V _ Try ° Y. ` L V. = O S y 4 N ❑ U v p y y N ❑ L HIGHCOURT ASSOCIATES Agenda Items # 16 & # 17 Page 18 G �J I I m= G C 9 L O R• `0 p Q ! aI n L �i - =N > nab ? s= lute E v ¢_oo.�unQtyE DTI u C U °ny8g`$NS�p'Lx(J ;, fccy5y I p ni ! 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B� u ��, C n O- m tmi 7 e. d.52 J ( IUII C e C79 EZ Nr=!- p j_ Z m 5 m U g cpp c m p o v_ m m lb cce m o zG K�G UYQ m 4 o.c i t'Q_ 1 OrO.i mO a c523u Q.400=2"occ6 �E d -E agSSu ED m o > s `a T- 'g LR �70 tm n8 owNo cm n am3 Nc s g 4c sT V Nt t 3 'Mcm a mE_ moo yy ry 3 - m 3 o m n o o 3 - o EF 3 0o wm? u„ � yS a�oa= mace � m I I c ISO C d U m I nv-c a.E C C O ct mou 2 Ea _n V `o N Pia J o I U o i G c ❑° n _t 20, H I oD- Exhibit C - 8 Disclosure Statement HIGHCOURT ASSOCIATES Agenda Items # 16 & # 17 Page 21 u, m d N Few a L�Qo L'p Sago g0. �22eL _ %€ ^ cc u w m c g m •v d c s c o S 3 S '1 maA Ny Z N C N C W Q N Q p R V C 12 o m 0 9 C� u� o Lc� •. ` a o o p s o m g .S E@„$ c S, Q G A > apsN L y w {i r T m CC 2FSN N N @-a¢• g c m t LCc 8�� c2' c 15-5iFov J o:2 vtc- pQ gZ 2.� g5G m p yy a QN Q a m TQi° =gcu -�� sC gm mg44c 9c�p s44 L.4m $ w g.c484'>.'a 4 Q rt 3 a c C. O� ? J o t- Cc a Y u t o N ¢ Np S W Fo in pgg n cFz MM 6 c F t e 4 m r w W g.4 E o q OO e S C a Ec i 4034� U %- I cce a c22 9Aw .22'a. co @ c E a= n eo a m m c u V c o a 2 p ZL V - N _ _ 3 �± � Y R p •4 m� 'i t o �� J£@ S a m i C g oS2=0 0 0 Vic- Ski of � ❑ Ue�� YY 14 Exhibit C - 9 Disclosure Statement HIGHCOURT ASSOCIATES Agenda Items # 16 & # 17 Page 22 Exhibit F Supplemental Information P HIGHCOURT ASSOCIATES Agenda Items # 16 & # 17 Page 23 Items #16 & 17 Highcourt Associates, L.L.C. Change of Zoning District Classification Northeast corner of Holland Road and Princess Anne Road District 7 Princess Anne July 14, 2004 REGULAR Joseph Strange: The next items are Items #16 & 17 Highcourt Associates, L.L.C. An Ordinance upon Application of Highcourt Associates, L.L.C. for a Change in Zoning District Classification from Conditional R-10 Residential District to Conditional R-10 Residential District with a PD-1-12 Planned Unit Development Overlay on property located at the northeast intersection of Holland Road and Princess Anne Road. It's in the Princess Anne District. Eddie Bourdon: Thank you Madame Chairman, Eddie Bourdon, a Virginia Beach attorney representing the applicant. This application involves the property that was rezoned and I had the pleasure of doing the rezoning back in 1999 for a very high end residential development of 39 lots and that property is in the Historical Overlay District. The property changed hands a couple of times before it was brought in to be subdivided. It has been subdivided and lots were under contract to be sold and some issues arose dealing with the Historical Review Board warning the developer to make some changes that would make this more historic in nature. We've been to them before. The developer thought the ideas were good ideas. Together they made a wrong turn and went to the Board of Zoning Appeals to get some setback variances and they were told that the right place to come was to come here. That is why we are here. This is not a rezoning. It's not asking you to do anything in order to facilitate the development. It's trying to make this community more in keeping with the historical area and less like the typical suburban neighborhood. We've been encouraged every step of the way by the Planning staff and for good reason as well as by the Historical Review Board. The application has been very difficult because there are actually I think there are eight or nine different lot owners and different custom builders. They bought these lots and they all think this is going to be a neat subdivision. We need characteristics because of the proposal on this PD-H2 application. I believe there is no opposition unless I'm wrong. The issue that I heard this morning was the concern about the schematic elevations that were provided and those were something between the Historical Review Board and the applicant. To give an idea of what these porches would look like and how this would create a different feel along the streets within this small community and that is the only reason why they're there. We're not there for the purpose of saying this is exactly what the houses are going to look like. That is not the issue that's before us because the zoning is already in place and the proffers are already in place. No one suggested then or today that they would look exactly like those drawings, which are simply given as illustrations of what the porches would look like and how it would be different from your typical suburban neighborhood. Items #16 & 17 Highcourt Associates, L.LC. Page 2 Dorothy Wood: Thank you Mr. Bourdon. Would you please answer questions of Planning Commissioners? Eddie Bourdon: Glad too. John Waller: I've got a comment. You were talking about the elevations and what the concept is and what these buildings are going to look like. I don't have any problem with the rezoning whatever you want. I do have a problem with the submission and then the future. When you or anybody else comes down here with an elevation of what they want to put on it make it pretty much what is going to be. There is no way in the world that these buildings that you presented would be or could be built on this site. Eddie Bourdon: I appreciate that Mr. Waller. My involvement in this came and I had no involvement in this whatsoever until the Board of Zoning Appeals told the folks that they had to come here. It so happened that our firm represented two or three of the eight or nine custom builders who were buying the lots so I got drafted to try to make this happen. All these pictures and everything you see were all things that were done previously to that time. And I all did was put the packages together and get them down here so we could try to make this happen. I think everyone involved in the process believes that this will make this a better community and really no impact on other than positive impact on this community in terms of extending to the area here around the courthouse. Dorothy Wood: Thank you Mr. Bourdon. Are there any other questions? Barry, and then Will. Barry Knight: Okay. I'd like it if staff would put up the elevation picture that Mr. Waller is referring too. I don't have any problem with this agenda item being passed. I think it makes a lot of sense but I agree with Mr. Waller. A picture is worth a thousand words and this is a beautiful, beautiful house but it is probably a little bit of a misrepresentation of the lots and the lot sizes and to represent that this house may be a typical house that fits in this neighborhood, Mr. Waller brings a good point. Hopefully Mr. Waller's message will go back that if you come before us again please make it be a little more representative. Eddie Bourdon: Let me suggest one thing Mr. Knight. The architectural features that you see on that house are in fact features that you will see on the houses in this community. The only issue that I believe where there may be some inconsistency is with the width of the house. Although there are a couple of lots in which one is 115 feet wide, most of the lots are 80 to 90 feet wide. The width of that house is more than what would fit on most of these lots. In terms of the architectural features the building materials and these are going to be very expensive homes. These are going to $400,000 - $500,000 homes. They may not be million dollar homes and that's true because the lots are not that large. Barry Knight: I totally agree with you but size absolutely sometimes goes the price Items # 16 & 17 Highcourt Associates, L.LC. Page 3 Eddie Bourdon: I don't disagree. William Din: Mr. Bourdon? Dorothy Wood: Mr. Din has a question for you sir. William Din: I have a hand out here and I guess this came to us once we got up here. We had no advance viewing. I don't know if you've seen this. Can you explain this to me? I see on the first page what looks like a 2,200 square foot footprint and on the second page, I'm not sure that's the same house or not. Eddie Bourdon: I believe what those are and first of all, Commissioner Ripley had asked for some illustrative site plans showing how the houses would lay out on some of these lots, which I provided and 1 think were passed out this morning to the planner five (5) sets of three different layouts. I did not provide that but what I think what you have there on the second page is a site plan on one of the lots of a plan of a house that is already being constructed in the neighborhood as to my belief to what that is. It's something that I provided. The one on the top is a scenario what a lot site plan would look like in terms of just simply the footprint of the house with the porches in the front. That is really what this is for is to get the porches in the front and the homes closer to the street so you got more of a village concept with the sidewalks and the open small 2-3 foot fences so you get this old traditional type of a view. William Din: I believe one of the proffers on here indicated maximum lot coverage would be 35percent. Is that correct? Eddie Bourdon: Under the PD-H Plan that's proposed with this application, I believe the lot coverage is 35 percent maximum. That's correct. That's on page 7, the very first proffer 4, subsection (e) at the top of Page 7 in your write up. Thirty-five percent is the maximum lot coverage. William Din: That includes all the porches? Eddie Bourdon: Right. Lot coverage would include your covered structure. That is what these are covered porches. Donald Horsley: Eddie, when you say that these houses will be all brick or whatever and then you got various builders that come in and buy the lots, what insurance do we have that is all going to happen? Tell me how that happens. Eddie Bourdon: Actually, this happens two ways. The proffers, which are recorded and have been recorded, all the builders that buy the lots and have bought these are all subject to all these existing proffers. That's number one. Number two is the deed restrictions have been recorded, which are also required under the proffers. They have been recorded. Those deed restrictions were submitted as part of the original application. Items #16 & 17 Highcourt Associates, L.LC. Page 4 They give architectural control over the approval of the plans for each individual lot to the declarant who created the subdivision and they must comply with the proffers. They must comply with the Certificate of Appropriateness, which is issued by the Historical Review Board through the Planning Director. Donald Horsley: Who is the policeman regarding these deed restrictions? Eddie Bourdon: The deed restrictions police are the developer and the owners of the community. The proffers are the City of Virginia Beach, DSC, and Zoning Administrator. Donald Horsley: Okay. In other words, the homeowners and the other builders are the policemen. If someone were to build a house that wasn't right, they would be the ones that would be the police. Eddie Bourdon: You got redundancy here. You got the City as a policeman. You got the other builders as the policeman. You have the developer of the property as the policeman. You have the homeowner as the policeman. Everybody that has a stake in the process has the ability to enforce these through legal action of one type or another. Donald Horsley: I think we've had discussions like this in the past. We've put a lot of restriction there. How are we to be assured that these restrictions are to be carried out? A lot of decisions are made based on those. Eddie Bourdon: As we deal with more expensive homes you get a lot more vigilance in terms of the owners and the residents in those communities in terms of following those restrictions. That has really been our experience in the private sector. Donald Horsley: Thank you for that explanation. Dorothy Wood: Thank you Mr. Bourdon. Are there any other questions? Do 1 hear a motion? Mr. Knight. BarryKnight: I'd make a motion that we approve agenda Items #16 & 17. Dorothy Wood: Do I hear a second? Ms. Katsias. Thank you. Is there any other discussion? ANDERSON CRABTREE DIN HORSLEY KATSIAS AYE 10 NAY 0 AYE AYE AYE AYE AYE ABS 0 ASSENT 1 Items #16 & 17 Highcourt Associates, L.LC. Page 5 KNIGHT AYE MILLER ABSENT RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 10-0, the application of Items 916 & 17 has been approved by the Board. Dorothy Wood: Thank you. CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5938 TO: FROM: Leslie L. Lilley William M. Macali WM Conditional Zoning Application Highcourt Associates, L.L.C. DATE: July 28, 2004 DEPT: City Attorney DEPT: City Attorney The above -referenced conditional zoning application is scheduled to be heard by the City Council on August 10, 2004. 1 have reviewed the subject proffer agreement, dated April 19, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/nlb Enclosure FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS HIGHCOURT ASSOCIATES, L.L.C., a Virginia limited liability company METRO ASSOCIATES, INCORPORATED, a Virginia corporation— RICHARD C. BURROUGHS STAFFORD & SON, BUILDERS, a Sole Proprietorship EDWIN M. BRODY SHARLYN CONSTRUCTION CORP., a Virginia corporation MANAGEMENT & CONSTRUCTION, INC., a Virginia corporation SEA HAVEN CUSTOM BUILDERS, INC., a Virginia corporation COMMONWEALTH CUSTOM HOME BUILDERS, INC., a Virginia corporation KOPASSIS DEVELOPMENT CORPORATION, a Virginia corporation KOPASSIS CONSTRUCTION, 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 19th day of April 2004, by and between GHCOURT ASSOCIATES, L.L.C., a Virginia limited liability company, party of the part, Grantor; METRO ASSOCIATES, INCORPORATED, a Virginia corporation, of the second part, Grantor; RICHARD C. BURROUGHS, party of the third part, STAFFORD & SON, BUILDERS, a Sole Proprietorship, party of the fourth part, EDWIN M. BRODY, party of the fifth part, Grantor; SHARLYN ON CORP., a Virginia corporation, party of the sixth part, Grantor; AGEMENT & CONSTRUCTION, INC., a Virginia corporation, party of the seventh art, Grantor; SEA HAVEN CUSTOM HOME BUILDERS, INC., a Virginia corporation, party of the eighth part, Grantor; COMMONWEALTH CUSTOM HOME BUILDERS, GPIN'S: PREPARED By. . SW ES. ROURDON. • .4LYN & LEVY. P.C. 2404-04-5278; 2404-04-6569; 2404-04-9592; 2404-14-2138; 2404-13-0800; 2404-03-8836, 2404-14-0243; 2404-04-8089, 2404-04-3052, 2404-04-6353; 2404-04-6766; 2404-14-0446; 2404-14-1191, 2404-03-9762, 2404-03-8993; 2404-04-9370; 2404-04-8002; 2404-04-5112 2404-04-7329, 2404-04-7699; 2404-14-1401; 2404-14-1053; 2404-03-8697; 2404-03-9958; 2404-04-8395; 2404-04-7005; 1 2404-04-7496; 2404-04-8672; 2404-14-1365; 2404-13-1915; 2404-03-7648; 2404-04-9097, 2404-04-8216; 2404-04-6165; 2404-04-6590; 2404-04-9537; 2404-14-2248; 2404-13-0857; 2404-03-7769; 2404-14-0124; 2404-04-8199; 2404-04-4261; PREPARED BY. 010 SYUS. ROURDON. .A11ERN & LEVY. P.C. INC., a Virginia corporation, party of the ninth part, Grantor; KOPASSIS DEVELOPMENT CORPORATION, a Virginia corporation, party of the tenth part, Grantor; KOPASSIS CONSTRUCTION, INC., a Virginia corporation, party of the eleventh part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of Commonwealth of Virginia, Grantee, party of the twelfth part. WITNESSETH: WHEREAS, the party of the first part is the owner of four (4) individual parcels of ty located in the Princess Anne District of the City of Virginia Beach, containing imately 1.035 acres designated as Parcels "A", "B", "C" and 39 and described t "A" attached hereto and incorporated herein by this reference. Said Property with the other parcels described in Exhibit "A" are hereinafter collectively to as the "Property"; and WHEREAS, the party of the second part is the owner of five (5) parcels of property in the Princess Anne District of the City of Virginia Beach, containing approximately 1.186 acres designated as Parcels 1, 3, 21, 27 and 30 and described in Exhibit "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the third part is the owner of one (1) parcel of property located in the Princess Anne District of the City of Virginia Beach, containing imately 0.233 acres designated as Parcel 2 and described in Exhibit "A" attached and incorporated herein by this reference. Said Property together with the other described in Exhibit "A" are hereinafter collectively referred to as the "Property"; WHEREAS, the party of the fourth part is the owner of eight (8) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 2.999 acres designated as Parcels 4, 6, 16, 19, 23, 33, 34 and 35 and described in Exhibit "A" attached hereto and incorporated herein by this reference. Said together with the other parcels described in Exhibit "A" are hereinafter referred to as the "Property"; and 2 WHEREAS, the party of the fifth part is the owner of two (2) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 0.512 acres designated as Parcels 5 and 38 and described in Exhibit "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the sixth part is the owner of two (2) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.282 acres designated as Parcels 7 and 37 and described in Exhibit "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the seventh part is the owner of five (5) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.399 acres designated as Parcels 8, 10, 11, 17 and 28 and described in Exhibit "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the eighth part is the owner of five (5) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.749 acres designated as Parcels 9, 15, 18, 22 and 24 and described in Exhibit "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the ninth part is the owner of five (5) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 1.209 acres designated as Parcels 12, 26, 29, 32 and 36 and described in Exhibit "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter collectively PREPARED BY . SYUS. ROURDON. referred to as the "Property'; and IM A14MN & LEVY. P.C. 3 WHEREAS, the party of the tenth part is the owner of three (3) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 0.715 acres designated as Parcels 13, 14 and 20 and described in Exhibit "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the eleventh part is the owner of two (2) parcels of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 0.617 acres designated as Parcels 25 and 31 and described in Exhibit "A" attached hereto and incorporated herein by this reference. Said Property together with the other parcels described in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the Property is subject to "Proffered Covenants, Restrictions and Conditions" dated September 25, 1998 accepted by the Grantee and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4089, at Page 0976 ("Proffer"). WHEREAS, the party of the first part has subdivided the parcels of land described in the Proffer in accordance with the Concept Plan cited in the first numbered Condition contained in said Proffer; and WHEREAS, the Grantors have, by petition addressed to the Grantee, applied to change the Zoning Classification of the subject Property from R-10 Residential with Historic and Cultural District Overlay to Conditional R-10 ResidentiaLfPD-H2 Planned Unit Development with Historical and Cultural District Overlay; and WHEREAS, the Grantors have requested the Grantee to accept modifications and amendments to the Proffered Covenants, Restrictions and Conditions ("Proffer") recorded in Deed Book 4089, at Page 0976, which amendments and modifications are set forth herein; 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 PREPARED R'f. .f. SYKES. ROURDON. WHEREAS, the Grantors acknowledge that the competing and sometimes M,U[RN & LEVY. P.C. incompatible development of various types of uses conflict and that in order to permit PREPARED By M SYUS. 9013iDON. MR AHIRN & LEVY. P.C. 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 Grantors' proposed use, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, the following three (3) amendments to the previously proffered conditions related to the physical development, operation, and use of the Property to be incorporated as a part of the previously adopted amendment to the Zoning Map. NOW, THEREFORE, the Grantors, their 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 amended and modified declaration of conditions, covenants, restrictions as to 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 parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title. 1. Proffer numbered "2" is amended to read: The Property, being all thirty-nine (39) lots and three (3) open space parcels within the "Subdivision of Highcourt", shall be subject to a recorded "Declaration of Protective Covenants, Conditions, Restrictions, Easements, Charges And Liens For HIGHCOURT", dated March 1, 2004 ("Deed Restrictions"). The Deed Restrictions shall include an Article providing for Architectural Controls which shall be administered by a Homeowner's Association, consistent with the provisions contained in the "General Certificate of Appropriateness", dated April 6, 2004, issued by the Virginia Beach Historic Review Board. A copy of the Deed Restrictions and "General Certificate of Appropriateness" have each been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 5 PREPARED BY. SYKES. BOURDON. A11ERN & LM. P.C. 2. Proffer numbered "3" is amended to read: All residential dwellings and any accessory structures shall have exterior finishes of brick, wood, true stucco or hardboard siding with one of these materials being at least eighty percent (80%) of the exterior The style and color of the brick used shall comply with the specifications of the "General Certificate of Appropriateness", dated April 6, 2004 issued by the Virginia Beach Historical Review Board, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. All dwellings shall have a minimum of 2600 square feet of enclosed area. 3. Proffer numbered "4" is hereby deleted. 4. When the Property is developed, the following building setbacks and :ions shall be required: (a) Front yard setback for enclosed dwelling 20 feet (b) Front yard setback for unenclosed, attached, one-story porch 10 feet (c) Side yard setback adjacent to a street 20 feet (d) On the corner lots, the front yard is the area adjacent to the longest property line adjacent to a public street (e) Maximum lot coverage in percent 35% (f) Maximum building height, measured to the highest peak of the roof, not to include ornamental railing 35 feet (g) Except for lots numbered 23 and 24, the minimum rear yard setback for accessory structures 5 feet (h) The minimum rear yard setback for accessory structures on Lots 23 and 24 15 feet (i) Any fencing within front yards and side yards adjacent to streets shall be an open, maintenance free, "wrought iron -type" fence not to exceed 3 feet in height. Such fencing may be installed with a zero foot (0') setback without a specific landscaping requirement. 0. Except as herein provided, the Property shall be developed in accordance with the criteria set forth in Sections 500 through 507 of the Virginia Beach C.Z.O. in effect on the date of recordation of this Agreement. 5. All of the terms, conditions, covenants, and agreements set forth in the Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, inia, in Deed Book 4089, at Page 0976, save and except those either Amended (" T' and or deleted (" 4") herein, are ratified, affirmed and remain binding upon the Property and upon all parties and persons claiming under, by or through the Grantor. All references hereinabove to the R-10 Zoning District, the PD-H2 Zoning District, and the Historical/Cultural District to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and by the Grantee as part of the amendment to the Zoning Ordinance, shall 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 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 at the time of recordation of such instrument, provided that said instrument is to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along said instrument as conclusive evidence of such consent, and if not so recorded, said I instrument shall be void. PREPARED BY MSYKES. 9OUPI The Grantors covenant and agree that: AMN & LMA. P.C. 7 PREPARED BY SMS. BOURDON. AHERN S LEVY. K (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 provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and in the names of the Grantors and the Grantee. 1.1 WITNESS the following signature and seal: GRANTOR: HIGHCOURT ASSOCIATES, L.L.C., a Virginia limited liability company By. . ;, , r l 4- - (SEAL) Charles Burroughs, III , Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 20th day of April 2004, by Charles Burroughs,III, Managing Member of Highcourt Associates, L.L.C., a Virginia limited liability company, on behalf of said corporation. My Commission Expires: August 31, 2006 PREPARED BY. ©: SNIES. BOURDON. 1I ABERN & LEVY. P.C. 0 Notary Public WITNESS the following signature and seal: GRANTOR: METRO ASSOCIATES, INCORPORATED By: (SEAL) Frank A. Steg ann, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this IT day of June 2004, by Frank A. Stegemann, President of Metro Associates, Incorporated, a Virginia Commission Expires: 3 -51-( P PREPARED BY: A SYKES. BOURDON. 0 ARERN & LEVY. P.C. 10 6th?Aa [L-4 NotAy Public WITNESS the following signature and seal: GRANTOR ��C—��" (SEAL) Richard C. Burroughs STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknow)edged before me this �f day of June 2004, by Richard C. Burroughs. My Commission Expires: �. - ,�too(—� PREPARED BY . SYLES. BOURDON. MM VIERN & LWY. P.C. 11 0-a t 0( 0 v-, NotarOublic PREPARED BY M[3 SUES, ROURDON. R A14MN & LEUY. P.C. WITNESS the following signature and seal: i N • STAFFORD & SON, BUILDERS, a Sole Proprietorskrip-, Im STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this �_ day of June 2004, by Thomas A. Stafford, Principal/Owner. dx-v-,, )(Al Nol ry ublir. My Commission Expires: 12 WITNESS the following signature and seal: GRANTOR: (SEAL) Edwin y rody STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit The foregoing instrument was acknowled d before me this �5day of June 2004, by Edwin M. Brody. Notary Pub c My Commission Expires:; j'ry� PREPARED BY ISIM SUB. ROURDON. MN A14ERN & LEVY. P.C. 13 PREPARED BY M SYKES. BOURDON. MM A 4ERN & I.M. P.C. WITNESS the following signature and seal: GRANTOR: SHARLYN CONSTRUCTION CORP. By: l (SEAL) Edwin M.>6y1 President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: 1 �The foregoing instrument was acknowledged before me this day of June 2004, by Edwin M. Brody, President of Sharlyn Construction Corp., a Virginia corporation. Notary Pdbhc Commission Expires:(; C' 14 WITNESS the following signature and seal: GRANTOR: MANAGEMENT & CONSTRUCTION. INC. � c By.��l + �.Xt—rY�i ��='y (SEAL) Deanna E. Summs, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 'day of June 2004, by Deanna E. Summs, President of Management & Construction, Inc., a Virginia corporation. i 117 Notary ubkic My Commission Expires: rQillcWis PwicSd Gapi2s FebfOY 28, 20PF RpgEpT p PERRY PREPARED BY . SWES. BOURDON. Y� AAERN & LEVY. P.C. 15 WITNESS the following signature and seal: GRANTOR: SEA HAVEN CUSTOM BUILDERS, INC. B llil Z� (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 16th day of June 2004, by J. U. Williams Vice President of Sea Haven Custom Builders, Inc., a Virginia corporation. Notary Public My Commission Expires: August 31, 2006 PPEPAPED BY MSYUS. BOURDON. A14ERN & LEVY. P.C. 16 WITNESS the following signature and seal: GRANTOR: COMMONWEALTH CUSTOM HOME BUILDERS, INC. By. (SEAL) Ralph Pick, Vice President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 23rd day of June 2004, by Ralph Pick, Vice President of Commonwealth Custom Home Builders, Inc., a Virginia corporation. Notary Public My Commission Expires: August 31, 2006 PREPARED By OMSYKES. QOi1RDON. ]ERN & LEVY. P.C. 17 PREPARED BY Q(H SYKES. BOURDON. M AuRN & LEVY. P.C. WITNESS the following signature and seal: GRANTOR: KOPASSIS DEVELOPMENT CORPORATION By: „ c A iJ,Lt,J � . (SEAL) w k Ko ap Andressi�'res�t STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 18th day of June 2004, by Andrew X. Kopassis, President of Kopassis Development Corporation, a Virginia My Commission Expires: August 31, 2006 18 Notary Public WITNESS the following signature and seal: GRANTOR: KOPASSIS CONSTRUCTION, INC. Bv:rl1'1 p'(lzz�C S � (SEAL) Andrew X. opassis, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 18th day of June 2004, by Andrew X. Kopassis, President of Kopassis Construction, Inc., a Virginia corporation. Notary Public My Commission Expires: August 31, 2006 PREPARED By NO SUES. POUR DON. IM ANEBN & i.EW. PC 19 EXHIBIT "A" All those certain lots, pieces or parcels of land known, numbered and designated as Lots 1 through 39, "Open Space A', "Open Space B" and "Open Space C", on that certain plat entitled, "SUBDIVISION OF HIGHCOURT', dated July 8, 2003, prepared by Kellam- Gerwitz Engineering, Inc., which plat is recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 200312020199890. GPIN'S: 2404-04-5278; 2404-04-6569; 2404-04-9592; 2404-14-2138; 2404-13-0800; 2404-03-8836; 2404-14-0243; 2404-04-8089. 2404-04-3052: PREPARED BY. 1310 SYKES. ROURDON. A}fERN &LEVY. P.C. 2404-04-6353; 2404-04-6766; 2404-14-0446; 2404-14-1191; 2404-03-9762; 2404-03-8993; 2404-04-9370; 2404-04-8002; 2404-04-5112 2404-04-7329; 2404-04-7699; 2404-14-1401; 2404-14-1053; 2404-03-8697; 2404-03-9958; 2404-04-8395; 2404-04-7005; FTI 2404-04-7496; 2404-04-8672; 2404-14-1365; 2404-13-1915; 2404-03-7648; 2404-04-9097; 2404-04-8216; 2404-04-6165; 2404-04-6590; 2404-04-9537; 2404-14-2248; 2404-13-0857; 2404-03-7769; 2404-14-0124; 2404-04-8199-1 2404-04-4261; # I DATE IREQUEST I ACTION 1 09/23/03 Change of Zoning (A-12 Apartment District to R- Granted 5D Residential Duplex District) 2 03/12/02 Change of Zoning (R-7.5 Residential District to Granted Conditional B-2 Community Business District) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Alcar, L.L.C. — Change of Zoning District Classification MEETING DATE: August 10, 2004 Background: An Ordinance upon Application of ALCAR, L.L.C. for a Change of Zoning District Classification from A-12 Apartment District and R-51) Residential Duplex District to Conditional A-18 Apartment District on property located on the south side of Bonney Road, approximately 100 feet west of Windbrooke Lane (GPINS 14679001960000;-12750000;-22650000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 2 — KEMPSVILLE ■ Considerations: The applicant is proposing to develop the site, as proffered, with 48 townhomes, at a density of 8.8 units per acre, in a condominium form of ownership. In order to accommodate this type of development, the entire site is proposed to be rezoned to A-18 Apartment District. Due to the amount of lot coverage of approximately 50 percent, the request is for A-18 rather than A-12, as the A-12 District restricts total lot coverage to 40 percent. According to the applicant, it was important that additional parking spaces be added to the plan, above the minimum required by the Zoning Ordinance, in an effort to accommodate guest and overflow parking needs. The townhouse elevation depicts a superior design with high quality building materials such as Hardiplank® (cement fiber board) and brick in earth tone colors. Staff is of the opinion that this multifamily, townhouse development is compatible with the surrounding A-12 Apartment District and Conditional B-2 Community Business District zonings. The proposed density is actually proffered well below the typical 18 units per acre afforded other parcels zoned A-18 Apartment District. As stated above, the reason for this zoning category is that the lot coverage proposed exceeds the maximum of 40 percent permitted in the A-12 District. The townhouse type of development is desirable adjacent to an office use — the proposed office complex to the west. There are single-family dwellings across Bonney Road, but the site configuration and layout depict the closest dwelling to Bonney Road at approximately 75 feet. Between the dwelling and the right-of-way, a stormwater management pond and landscaping are depicted on Alcar L.L.C. — Bonney Road Page 2 of 2 the plan that will both also serve as a buffer to the single-family dwellings in the vicinity. This proposal is consistent with the Comprehensive Plan's recommendations for this area. Specifically, the Plan calls for residential development to be designed in a manner "to enhance the quality of life for residents by incorporating safe, innovative design that integrates planning elements, such as connectivity, visually and functional open space, pedestrian networks and landscaped streetscapes." Staff feels that proposal is a good fit with the surrounding townhouses and the nearby Jewish Community Center currently under construction, as the building materials and design are of a superior quality. As this site is only approximately five (5) acres and the surrounding properties are developed, there is limited ability to offer connectivity to adjacent properties. However, the proposed plan demonstrates that thought has been given to ensure a functional open space area for future residents and to provide attractive landscaping to add to the overall quality of life for these residents. Staff recommended approval. There was opposition to this 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 anoroval_ Submitting DepartmentlAgency: City Manager: Qr V- Planning �Department`7yy]{ xg D07-216-C RZ-2004 ALCAR, L.L.C. -� Agenda Item # 18 •ti ; ,�°� July 14, 2004 Public Hearing Staff Planner: Carolyn A. K. Smith 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: Change of Zoning District Classification from A-12 Apartment and R- 5D Residential Duplex Districts to Conditional A-18 Apartment District. LOCATION: South side of Bonney Road, approximately 100 feet west of Windbrooke Lane 4 GPIN: 14679001960000; -12750000; -22650000 COUNCIL ELECTION DISTRICT: 2 — KEMPSVILLE ALCAR, L.L.C. Agenda Item # 18 Page 1 SITE SIZE: 5.4 acres EXISTING LAND USE: The site is currently vacant. SURROUNDING • Bonney Road, single family dwellings / R-5D LAND USE AND North: Residential District ZONING: South: • townhouses / A-12 Apartment District East: • townhouses / A-12 Apartment District • vacant strip, future office, townhouses / R-7.5 Residential District, Conditional B-2 Community West: Business, A-12 Apartment District NATURAL RESOURCE The site is primarily wooded but has been developed previously with AND a single-family dwelling. There are no significant environmental CULTURAL features on the site. The property is within the Chesapeake Bay FEATURES: watershed. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. _ -- u Summary Of Proposa The applicant is proposing to develop the site, as proffered, with 48 townhomes, at a density of 8.8 units per acre, in a condominium form of ownership. In order to accommodate this type of development, the entire site is proposed to be rezoned to A- 18 Apartment District. Due to the amount of lot coverage of approximately 50 percent, the request is for A-18 rather than A-12, as the A-12 District restricts total lot coverage to 40 percent. According to the applicant, it was important that additional parking spaces be added to the plan, above the minimum required by the Zoning Ordinance, in an effort to accommodate guest and overflow parking needs. The townhouse elevation depicts a superior design with high quality building materials such as Hardiplank® (cement fiber board) and brick in earth tone colors. ALCAR, L.L.C. Agenda Item # 18 Page 2 Major Issues The following represent the significant issues identified by the staff conceming this request. Staff's evaluation of the request is largely based on the degree to which these issues are adequately addressed. • Compatibility with the surrounding property's zoning and land uses. Consistency with the recommendations found in the Comprehensive Plan. � -1. Comprehensive Plan The Comprehensive Plan Map and land use policies reflect the importance of neighborhood character and its relationship to compatible land use and traffic management. The Plan states that: "All development should incorporate environmentally sensitive design that protects the integrity of existing neighborhoods, complements adjacent land uses, incorporates crime prevention principles and enhances the overall function and visual quality of the street, neighboring properties and community. Some distinct sections are addressed within this Comprehensive Plan. The creation of design guidelines provides assistance in creating a quality development. Those developments that promote quality design should be recognized. Residential development should enhance the quality of life for residents by incorporating safe, innovative design that integrates planning elements, such as connectivity, visually and functional open space, pedestrian networks and landscaped streetscapes" (pg 179). ALCAR, L.L.C. Agenda Item # 18 Page 3 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 # 7 When the Property is developed, the "BONNEY'S QUAY REZONING EXHIBIT," dated May 20, 2004 ("Concept Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of vehicular circulation, parking, landscaping, tree planting, building location, building orientation, driveway width and stormwater management facilities to better foster a sense of community. PROFFER # 2 When the Property is developed, the party of the first part shall dedicate approximately 0.05 acres of Property to the Grantee for future widening of the Bonney Road right-of- way, as depicted on the Concept Plan. PROFFER # 3 When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to one (1) entrance from Bonney Road. There shall be no vehicular access from Stonehall Court. PROFFER # 4 When the Property is developed, all landscaping shall be as depicted and described on the "Bonney's Quay Landscape Plan", dated 5/24/04, prepared by Hassell & Folkes, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER # 5 When the Property is developed, a landscaped entrance ALCAR, L.L.C. Agenda Item # 18 Page 4 feature shall be constructed with a monument style sign externally illuminated from ground level. PROFFER # 6 The total number of dwelling units permitted to be constructed on the property shall not exceed forty-eight (48). Each dwelling unit shall be two stories in height, contain a minimum of 1,600 square feet of living area and contain either two (2) or three (3) bedrooms. PROFFER # 7 The architectural design of the residential buildings, the entrance sign and fence along Bonney Road will be substantially as depicted on the exhibit entitled "PROPOSED FRONT ELEVATIONS — BONNEY'S QUAY," dated January 30, 2004, and prepared by Reich design associates which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevation"). The primary exterior building materials shall be brick and hardi-plank siding, and the colors used may vary from those on the exhibits but will be earth tones. Staff Evaluation of The proffers are acceptable as they limit the density; Proffers: dictate the housing style, design and building material, and depict landscaping well in excess of a typical, by right development. This amount of detail will ensure a high level of predictability and an overall superior project for both surrounding and future residents. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated May 26, 2004, and found it to be legally sufficient and in acceptable legal form. Staff recommends approval. r Staff Evaluation ALCAR, L.L.C. Agenda Item # 18 Page 5 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 proposal's strengths in addressing the 'Major Issues' are (1) Staff is of the opinion that this multifamily, townhouse development is compatible with the surrounding A-12 Apartment District and Conditional B-2 Community Business District zonings. The proposed density is actually proffered well below the typical 18 units per acre afforded other parcels zoned A-18 Apartment District. As stated above, the reason for this zoning category is that the lot coverage proposed exceeds the maximum of 40 percent permitted in the A-12 District. The townhouse type of development is desirable adjacent to an office use — the proposed office complex to the west. There are single-family dwellings across Bonney Road, but the site configuration and layout depict the closest dwelling to Bonney Road at approximately 75 feet. Between the dwelling and the right-of-way, a stormwater management pond and landscaping are depicted on the plan that will both also serve as a buffer to the single-family dwellings in the vicinity. (2) This proposal is consistent with the Comprehensive Plan's recommendations for this area. Specifically, the Plan calls for residential development to be designed in a manner "to enhance the quality of life for residents by incorporating safe, innovative design that integrates planning elements, such as connectivity, visually and functional open space, pedestrian networks and landscaped streetscapes." Staff feels that proposal is a good fit with the surrounding townhouses and the nearby Jewish Community Center currently under construction, as the building materials and design are of a superior quality. As this site is only approximately five (5) acres and the surrounding properties are developed, there is limited ability to offer connectivity to adjacent properties. However, the proposed plan demonstrates that thought has been given to ensure a functional open space area for future residents and to provide attractive landscaping to add to the overall quality of life for these residents. Staff, therefore, recommends approval of this request as proffered. 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. ALCAR, L.L.C. Agenda Item # 18 Page 6 Supplemental Information Zonina History # I DATE I REQUEST I At, i ivry i 1 09/23/03 Change of Zoning (A-12 Apartment District to R-5D Granted Residential Duplex District) 2 03/12/02 Change of Zoning (R-7.5 Residential District to Granted Conditional B-2 Community Business District) ALCAR, L.L.C. Agenda Item # 18 Page 7 Public Agency Comments Public Works Master Transportation Plan (MTP): Bonney Road in the vicinity of this application is considered a two lane undivided minor urban arterial. It is designated on the Master Transportation Plan (MTP) as a 70 foot right-of-way undivided facility. There are no current projects to upgrade this roadway at this time. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land _ Use Z— 364 ADT Bonney Road 5,000 ADT' 10 000 ADT' Pro�osed Land Use —450 ADT Average Daily Trips 'as defined by 33 single family homes 3 as defined by 45 townhouse units Public Utilities Water: There is 6-inch water main in Bonney Road fronting this site; and there is a 4-inch City water at end of Stonehall Court. This site must connect to City water. Hydraulic analysis is required to determine if there is there is adequate water pressure from the main to serve. Sewer: There is an 8-inch gravity sanitary sewer main in Bonney Road and also in Stonewall Court. This site must connect to City sewer. Sewer analysis and pump station calculations will be required to determine if Pump Station 407 or 424 has capacity to receive flows from this Public Schools School Current Capacity Generation' Change 2 Enrollment Point O' View 731 723 11 3 Elementary Larkspur Middle 1,944 1,858 6 2 ALCAR, L.L.C. Agenda Item # 18 Page 8 'generationrepresents the number of students that the townhouse dwelling units. on a ''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: Per comments from the Fire Marshall, no on -street parking will be permitted. This detail, along with all other Fire Codes, will be reviewed in more detail during the final site Ian review process. ALCAR, L.L.C. Agenda Item# 18 Page 9 Exhibit B Proposed Site L� Plan Z ! wD 1 1 �— i �111floa,, aiooaaaNw`' --- Rasi' AIR r — p �' O'O O� 8 Ep�epps g Fie jl:: E r ' t 2 Sg a` O it hd j _ z LOND/ _--� ,loNNEtI / siasrae � a�.e I AUTA 7711ASd IrWBA �o�1i i -- ALCAR, L.L.C. Agenda Item # 18 Page 11 Exhibit C -1 Proposed Building Elevations ALCAR, L.L.C. Agenda Item # 18 Page 12 Exhibit C - 2 Proposed Building Elevations ALCAR, L.L.C. Agenda Item # 18 Page 13 NOI VOI'I0 ONINOZH rivXOIMIN03 m `m m �t o. F•a w w c `o pqqy m a'�q E$ O'Em mum yo mE u R S S a p ��E. w m M g m$= S q E 3 w JAI y oaia 'i � It'. A=s.=_�_s8m� ��9� %2Z � SS.4N Sid>ml 'z 1°tZ _ ci msw oL u38'9-'-cu `3 ip u m km c.�c--e�- Amon= �o.m u �V mm o 5 uu�e'.Y JacJ �C m e c- m mvJ 2� fr �u'u o FinmL� 05 S L <'m o �v. 2, • ` " !ag`�N ana>Ett£�a�H c+F�Ya: � I o icT'. 3p c mpJ12 - V� w O kk s_P 3c�c NOIj'v j TUrlrlddV ONINOZaI'IVNOIZIQNO3 e= � I as 1 4 e I S m I i Z S Z-G ¢Z ZS�a= ` in E 6 i > Q YOJm m L c5 ACC _9i j L'J tG n m m J C L �4 j m e m w J � L- o� < <l Exhibit D Disclosure Statement ALCAR, L.L.C. Agenda Item #.18 Page 14 Item #18 Alcar, L.L.C. Change of Zoning District Classification South side of Bonney Road District 2 Kempsville July 14, 2004 REGULAR Dorothy Wood: Next item. Joseph Strange: The next item is Item #18 Alcar, L.L.C. An Ordinance upon Application of Alcar, L.L.C. for a Change of Zoning District Classification from A-12 Apartment District and R-513 Residential Duplex District to Conditional A-18 Apartment District on property located on the south side of Bonney Road, approximately 100 feet west of Windbrooke Lane, District 2, Kempsville. Eddie Bourdon: Thank you again. Eddie Bourdon, a Virginia Beach attorney representing the applicant. This piece of property is located on the south side of Bonney Road in very close proximately to the recently, just opened new JCC. The property involved is an assemblage of three parcels of land that are totally surrounded by Kempsville Lakes, which is A-12 townhome, fee simple, ownership community that was developed in the City a number of decades ago. The proposed rezoning of these assembled three parcels of land is for the purpose of creating a residential condominium community of a total of 44 residents at a density of 8.8 units per acre. The adjoining properties are developed at a higher density even though the zoning is A-12 because it's a fee simple ownership with public right-of-ways so the 40 percent lot coverage that is a maximum in the A-12 zoning category only applies to the individual lots, where as when you do a condominium, which I think is a better way in terms of long-term maintenance. All of Kempsville Lakes has been well maintained. A lot of townhome communities that were developed 25-30 years ago under fee simple ownership have not all been that well maintained unfortunately. So doing it as condominium, even though the density is 8.8 units per acre because all the parking and the roads count towards the 40 percent. Even though we maintain them, the Association maintains all the roads and all the areas within the community. It does create a problem with lot coverage. That is the only reason why the zoning application is A-18 instead of A-12. It is a proffered application with very specific plans. I think a well designed, well sited plans so you don't have this canyon affect of just row after row of townhouses. We've got open space interspersed within the development. A very attractive, larger unit than typically what we've seen in this is particular area. Not tremendously larger but somewhat larger, excellent building materials consisting of brick and hardi plank. They are only two story buildings. Priced at $235,000 - $270,000 per unit. This is a classic infill development totally surrounded by existing development in a manner that is and I think will have a nicer community, not to pass any dispersions again Kempsville Lake, which has been a successful townhome community but again, we think it will be certainly a positive. It is consistent with our Item #18 Alcar, L.L.C. Page 2 Comprehensive Plan. It's recommended for approval by your professional staff: It was on the consent agenda this morning. I gather there is some opposition here so unless you all have any questions, I'll sit down and wait to respond. Dorothy Wood: Thank you Mr. Bourdon. We'll hear the opposition. Sorry sir. Would you call his name please? Joseph Strange: In opposition, we have John Creed. John Creed: Yeah. That's me. Actually, I was hoping that maybe some of our other folks in the neighborhood. Dorothy Wood: Sir, would you identify yourself sir? John Creed: John Creed. Dorothy Wood: Thank you. John Creed: I'm a resident of Kempsville Heights. Dorothy Wood: Thank you sir. John Creed: Myself, and some of the other neighbors are a little concerned. We've had a lot of activity in our area. So, I've got some things that they just wanted to bring to the attention. Back of my house is located at the west side of Grayson, north of Bonney Road. Dorothy Wood: Would you like to show us please with the pointer of the location of your house? John Creed: Okay. I'm right there on that lot right there on the comer. Dorothy Wood: Thank you. John Creed: Our concern is the proposed new development of Bonney Quay is not in the best interest of our neighborhoods. The traffic is already at a premium. With the introduction of 48 additional homes and I believe he said 44. Everything that I've gotten so far says 48. It would bring 90 plus additional vehicles trying to use the same road, which is already used by cut through folks, existing office professional buildings and now the new Jewish Community Center, which he addressed. Less than 1 %z miles east of this proposed site is another site that is soon to be, to bring, and we believe that the trailer park is being done away with, is going to bring another 500 homes. As a homeowner in Kempsville Heights, we are experiencing the cut through a.m. and p.m. traffic coming off Witchduck cutting through our neighborhood trying to beat the traffic line up on Grayson, trying to turn east on Bonney. This has a direct bearing on the quality of life for Item #18 Alcar, L.L.C. Page 3 us walking and playing in the neighborhood. I believe one year ago the gentleman that owns a small office complex on Bonney Road, west of this site, made a change in the zoning to allow him to build another office complex similar to the existing one. Again, we're looking forward to more traffic. Neither of these proposals has anyone set aside the space for road expansion thus when the time comes for the road, the road will be at someone's door. The City will be back acquiring the property. Ed Weeden: Sir, your about out of time. You need to wrap it up. John Creed: Okay. We believe progress is a good thing but right now we feel like we have and these are not all the things that are going on at Witchduck and Princess Anne. Hopefully, Mr. Din will and he's probably quite familiar with few of the other things that we have going. Dorothy Wood: Thank you sir. Thank you for coming. John Creed: Thank you. Dorothy Wood: Mr. Bourdon. Eddie Bourdon: First of all, I appreciate the gentleman coming and his concerns. We have in fact provided a small amount of dedication on Bonney Road because we only have a small amount of frontage on Bonney Road for future widening of Bonney per the existing Comprehensive Plan and the Master Transportation Plan. The existing zoning on the property already would permit even though it's a hodge-podge with the R-5D, which is six units per acre and the A-12 already permits over 30 units to be constructed. He is correct and I misspoke, too many applications in one day. There are 48 and not 44. My mistake. But the increase is 33 to 48, so it's only an actual increase of 15 units over the hodge-podge zoning which we have now, which is again the R-5D and A-12. It's a comprehensive development of the property in a manner that is going to be able to be maintained at high value, which is what and I know as a City we are trying to do and we're trying to accomplish. When a developer comes in and spends the money to assemble pieces of property that were under separate ownership and clean them up and put together a good plan, I think that's got to be recognized and I think that is what we have here. Dorothy Wood: Mr. Bourdon this will probably not cause anymore cut through of this residential area will it? Eddie Bourdon: I apologized for not being able to have an appreciation for where the benefit accrues for someone cutting through. But given the access of Bonney Road to both Witchduck, Independence Boulevard and Grayson Road, which brings you out at and also at Witchduck Road right at the interchange of I-264, I'm not personally and the people who live there everyday, I just don't really understand or perceive where the benefit of the "cut through" would come from on this particular piece of property. 1 Item # 18 Alcar, L.L.C. Page 4 couldn't sit here and tell you I'm an expert on that because I don't live in that particular neighborhood. Dorothy Wood: Thanks Mr. Bourdon. Would you please answer questions from the Planning Commissioners? Are there any questions? Ronald Ripley: This wasn't a question but you answered it, the part about the assembling of the land. It is separate ownership that's been assembled? Eddie Bourdon: Three separate parcels with separate ownership that the applicant has assembled and purchased to put this project together. Ronald Ripley: Thank you. I just wanted to clear that Dorothy Wood: Mr. Din? William Din: I realize that this will add 15 additional units to Bonney Road. Bonney Road is a two-lane road that tuns through this area. I'm not sure where the cut through traffic through Kempsville Heights comes either. The more convenient routes are Grayson going to the stoplight. If they make a right turn at Kempsville Road then Bonney Road at Kempsville Road would be an appropriate turn. I know going left is a problem there but going to the other side where it ties into Baxter Road, I believe is where the traffic is going so they come up Kempsville Road to go across to Baxter Road. But there is no improvement to Bonney Road at this time and I will see how it can be improved at this time. I know that Kempsville Road intersection with Princess Anne Road is probably the biggest intersection problem and that is being addressed by separate means right now by separate meetings in that area. I don't have any opposition to this proposed use here. I see it as a good use. It probably will improve the neighborhood. It is an infill development. And, I believe I'm going to support this. Dorothy Wood: Is that in the form of a motion sir? William Din: If there are no other comments. Dorothy Wood: I'll ask for the motion and then I'll ask for comments. William Din: I'd move that we approve this application. Joseph Strange: So it. Dorothy Wood: We have opposition. That's right. Joseph Strange: I don't have anyone else signed up. Do we have other opposition? Did you sign up? Item #18 Alcar, L.L.C. Page 5 Dorothy Wood: Sorry sir, we didn't have your card. We have a lot of people speaking on another item. Joseph Strange: You didn't put down support. Okay. Leonard Hollabaugh. Leonard Hollabaugh: I'm Leonard Hollabaugh. 1 live on Windbrooke Lane. Dorothy Wood: Where is that sir? We can go back. Leonard Hollabaugh: That's right here. Joseph Strange: Are you speaking in opposition or support? Leonard Hollabaugh: Opposition. I wasn't opposing it but the more I think about it. One of the conditions is flooding. We have trees behind my house right now. What they're proposing to take out in here. This is all treed area. Now we have a problem with flooding already. So, when they pave over this area here, we're going to have a worse condition with flooding. So, I don't think there has been any consideration to that in the planning. I would like to see that changed also. The traffic is very much an issue especially in my neighborhood. It is very much a cut through because people want to avoid that traffic light at Princess Anne and Witchduck. At 5:00 o'clock in the afternoon, what is an average time to get out of your driveway? Sometimes it takes me three or four minutes just to back out of my driveway on Windbrooke Lane because of that traffic. People know to cut that off they can come through our neighborhood and get to Baxter Road and get up on to Princess Anne that way. So, that is an issue. I would love to see it addressed before we approve this. I'm not against it. Basically, I think that this will be able to raise my property value and anything that makes me money is good but there has to be other issues addressed. 1 don't think they've been addressed. I thank you for your time. Dorothy Wood: Are there any questions for him please? Thank you. Donald Horsley: The only comment I might make about the drainage is that your drainage may get better if the property is developed because if we get the drainage plan straight, it may help your drainage. I'm sure Mr. Bourdon will sure that takes place when the drainage for this development occurs. Dorothy Wood: Mr. Bourdon would you like to respond for a minute because we didn't realize we had another speaker. Eddie Bourdon: 1 really can't improve on what Mr. Horsley said. The drainage issue is not something in this forum is what we generally deal with because it is something that during detailed site plan review, the engineers on this project and the City engineers review what the existing circumstances or situations are and if there are existing problems because of the age of the development and different standards when Kempsville Item #18 Alcar, L.L.C. Page 6 Lakes was developed, if there is a means by which those issues can be addressed or made better, that is what our City attempts to do. I'm sure this is what will happen here. I personally don't know of any flooding problems in Kempsville Lake and I don't know how this property may or may not be situated in order to be able to afford some assistance in those issues as far as we won't be creating any additional flooding problems for them. That much we are able to say and that won't happen. Dorothy Wood: Thank you. Jan, do you have a question for Mr. Bourdon or just discussion? Janice Anderson: I like the application in general and I would approve it. I think that the problems that the neighbors have cited probably do need to be looked into but they're probably not related to this plan. As Mr. Bourdon stated the flooding issue is reviewed at site plan and the engineers review that. As far the traffic problems, this site only has one access onto Bonney Road and they're not accessing through any other neighborhood. It's a private street that comes into this development. So, actually if there are problems with people going through the surrounding neighborhood streets, they probably should contact maybe the Traffic Engineer or they're speeding down the streets, call the police and handle it that way. But, so far as holding up this development on that I don't think that would be appropriate. Dorothy Wood: Mr. Ripley. Thanks Jan. Ronald Ripley: The site is a classic infill site. If you look at the zoning map that is up on the wall, if we had two or three different applications coming here, it would be very difficult to develop these properties. I was thinking in terms of the trip counts that would be generated from this proposed development versus the existing zoning, even though it looked like and I was glad that Mr. Bourdon provided us with around 30, I think he said, 30 units that are going under the existing zoning. When you start looking at trip counts for and I'm not speaking for Planning staff but I think when you look at trip counts for the duplex zoning versus the multi -family you may get pretty close to what the trip counts that would be generated here on the proposed development. So, the traffic impact, I think as far as the neighborhood is concerned, they're going to get that traffic impact probably one way or another on this piece of land. I don't think the developer is really contributing that much more that it's going to be a real problem in the area. I think the value of the homes and the type of development. I think the developer is a quality developer. You can count on getting a quality project put in here. I'm going to support it also. Dorothy Wood: Thank you. Will? William Din: I did have some additional comment on the traffic here. But according to the traffic calculations that we have in our application here and you have it in yours. It shows that Bonney Road, the present volume is 5,000 trips per day here. The capacity is between 7,300 & 10,000. Now when you talk about cutting through the traffic, I'm not Item #18 Alcar, L.L.C. Page 7 sure if people are cutting through Kempsville Heights at Windbome or not. The only people going into that area appears to me are the people living in that neighborhood. Really, there are a lot of turns and unless you know that neighborhood there is no access directly out. Well, there is an access to Princess Anne Road but you have to take several of those turns through there. People cutting through do not usually want to take a lot of turns. Most of the people are using Bonney Road and that's the major thoroughfare in my opinion through there. The same thing for the other side and I'm not sure what that neighborhood is called but where Mr. Creed's residence in that area. I believe that area also is not very conducive to cut through traffic. But you're right, Bonney Road is not scheduled for any kind of up grade at this time. The traffic calculations that we have and if it's true Mr. Scott, is under capacity at this point. Robert Scott: In all fairness, there probably will be some other additions to that traffic flow over the next several years. However, it is substantially below capacity right now. Dorothy Wood: Are there any other questions? Discussion? Is your motion still standing? William Din: I still support this application for the various reasons. I think the traffic does need to be addressed on Bonney Road but I think we still need to support this application as an infill development. Dorothy Wood: Do I hear a second? Donald Horsley: I'll second it. Dorothy Wood: A motion by Mr. Din, seconded by Mr. Horsley. AYE 10 NAY 0 ABS 0 ABSENT 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER ABSENT RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 10-0, the application of Alcar, L.L.C. has been approved by the Board. Item #18 Alcar, L.L.C. Page 8 Dorothy Wood: Thank you very much for coming. Thank you sir. Carolyn Smith - Bonney's Quay townhome project From: <sherryberry@ h ig hstrea m. net> To: <caksmith@vbgov.com> Date: 7113/2004 11:40 PM Subject: Bonney's Quay townhome project Dear Ms. Smith, I'm writing to you in regards to the development that is being considered for approval at the intersection of Grayson & Bonney. I just learned about this development from one of my neighbors and was astonished that a developer wants to squeeze 48 townhomes in that area. I, as well as many others from my neighborhood, are opposed to such a development. I live on the corner of Bonney and Parry Road (in the Kempsville Heights neighborhood) and currently see quite a bit of traffic cut through my neighborhood in front of my house. I believe this development would only compound the problem. Our children have to be extra cautious on our streets because those drivers that cut through our neighborhood are usually not going the speed limit. Traffic currently backs up on Witchduck (which will worsen soon due to construction), and backs up on Grayson as well. Because of this, there will be many more drivers cutting through our neighborhood. The city is well aware of the congestion in our area. I don't understand why they would consider allowing that many residents in such a dense area. Our lots across from this property range from approximately 112 acre to 1 acre per household and they want to put 48 townhomes within a 5 acre area? These developers need to stop being so money -hungry and think about the impact their construction will have on their surroundings. I'm certainly not against a few nice homes or duplexes being built there, but these townhomes could bring another 100 cars (based on 2 adults per home) through or neighborhood on a daily basis. That's terrible! I hope you have the opportunity to read this before tomorrow's meeting. Please consider al{ that I've said before agreeing to approve this project. If it will help, I will put together a petition of those that oppose this development. I would like to be at the meeting, but will not be in town tomorrow. If there is any future discussion regarding this matter, please let me know. Thank you for your time, Sherry Roebuck file://C:\Documents%20and%20Settings\caksmith\Local° 2OSettings\Temp\GW}00006.H... 7/16/2004 r ♦or �� 0to In Reply Refer To Our File No. DF-5808 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: July 28, 2004 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Macali �DEPT: City Attorney RE: Conditional Zoning Application ALCAR, L.L.C. The above -referenced conditional zoning application is scheduled to be heard by the City Council on August 10, 2004. 1 have reviewed the subject proffer agreement, dated May 24, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/nlb Enclosure PREPARED BY: �SYKES. BOURDON. 1RERN & UNT P.C. ALCAR, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 24th day of May 2004, by and between ALCAR, L.L.C., a Virginia limited liability company, Grantor, party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, the party of the Grantor is the owner of those three (3) contiguous parcels of property located in the Kempsville District of the City of Virginia Beach, containing approximately 5.4 acres which are more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcels are herein collectively referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from A-12 Apartment District and R-5D Residential District to Conditional A-18 Apartment District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes 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: 146 7-90-0196 1467-90-1275 1467-90-2265 1 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and 3rior to the public hearing before the Grantee, as a part of the proposed amendment to the Toning Map, in addition to the regulations provided for the A-18 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, grantee, and other successors in title or interest, voluntarily and 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 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: 1. When the Property is developed, the "BONNEY'S QUAY REZONING EXHIBIT", dated May 20, 2004 ("Concept Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of vehicular circulation, parking, landscaping, tree planting, building location, building orientation, driveway width and stormwater management facilities to better foster a sense of community. 2. When the Property is developed, the party of the first part shall dedicate approximately 0.05 acres of the Property to the Grantee for future widening of the Bonney Road right-of-way, as depicted on the Concept Plan. 3. When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to one (1) entrance from Bonney Road. There shall be no PREPARED By. =SyKES. BOURDON. vehicular access from Stonehall Court. ANERN & LEVY. P.C. 7 4. When the Property is developed, all landscaping shall be as depicted and described on the "Bonney's Quay Landscape Plan", dated 5/24104, prepared by Hassell & Follces, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 5. When the Property is developed, a landscaped entrance feature shall be constructed with a monument style sign externally illuminated from ground level. 6. The total number of dwelling units permitted to be constructed on the Property shall not exceed forty-eight (48). Each dwelling unit shall be two (2) stories in height, contain a minimum of 1600 square feet of living area, and contain either two (2) or three (3) bedrooms. 7. The architectural design of the residential buildings, the entrance sign and fence along Bonney Road will be substantially as depicted on the exhibit entitled "PROPOSED FRONT ELEVATIONS — BONNEY'S QUAY", dated January 30, 2004, and prepared by Reich design associates which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevation"). The primary exterior building materials shall be brick and hardi-plank siding, and the colors used may vary from those on the exhibits but all will be earth tones. 8. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit PREPARED By Court of the City of Virginia Beach, Virginia, and executed by the record owner of the �SYK[S. BOURDON. Property at the time of recordation of such instrument, provided that said instrument is Al1ERN & LEVY. P.C. consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or 3 PREPARED By =SYKES. BOURDON. HERN & LEVY. P.C. a resolution adopted by the governing body of the Grantee, after a public hearing before ;he 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 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 provisions, the Grantor shall petition the governing body for the review thereof prior 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 in the name of the Grantor and the Grantee. S WITNESS the following signature and seal: wiff0mi:11 ALCAR, L.L.C., a Virginia limited liability company By:(SEAL) Alan S. Resh, Member STATE OF VIRGINIA CPI'Y OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 24th day of May 2004, by Alan S. Resh, Member of ALCAR, L.L.C., a Virginia limited liability company, Grantor. Notary Public My Commission Expires: August 31, 2006 PREPARED BY `YKES. ROURDON. 4NERN & LEVY. P.C. EXHIBIT "A" LEGAL DESCRIPTION ?ARCEL ONE: 4LL THAT certain parcel of land, together with the improvements thereon and the appurtenances thereunto appertaining, located on the south side of Bonney Road near the Village of Kempsville in the Kempsville Borough of the City of Virginia Beach formerly Kempsville Magisterial District of Princess Anne County), Virginia, and more particularly bounded and described as follows: BEGINNING at a point marked by a pin on the southern right of way line of the Norfolk and Southern Railroad, which point of beginning is located South 34' 15' West 45.74 feet from the intersection of the southern right of way line of the Norfolk and Southern Railroad and the southern right of way line of Bonney Road, and thence from said point of beginning and along the southern right of way line of the Norfolk and Southern Railroad South 34' 15' West 269.06 feet to a pipe in said right of way line dividing the property hereby conveyed from that now or formerly B. S. Turner; thence South 3" 39' 16" East 316.44 feet to a pipe; thence South 5° 05' 01" West 255.32 feet to a pin; thence North 83' 15' 58" East 245.75 feet to a pin; thence North 6° 44' 02" West 769.0 feet to the point of beginning, containing three (3) acres, more or less, and designated as "Parcel A" on a plat entitled "Survey of Property of Abraham Hawkins Est." made by W. B. Gallup, Surveyor, dated December 2, 1968. GPIN: 1467-90-0196 PARCEL TWO: ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "PARCEL C, containing 0.719 Acre", as shown on that certain plat entitled "SUBDIVISION OF KEMPSVILLE LAKE, PHASE SIX, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2471, at Pages 142 through 144. GPIN: 1467-90-1275 PARCEL THREE: TALL THAT certain tract, piece or parcel of land, with the buildings and improvements PREPARED By thereon, situate, lying and being near Kempsville on the road leading from SYKES. Kempsville to Powell's Corner, in the Kempsville Borough of the City of Virginia A11112N & 1tYY. P.r. p Beach (formerly the County of Princess Anne), Virginia, and more particularly bounded and described as follows: 11 BEGINNING at a post in the center of the road leading from Kempsville to Powell's Corner to Stephen Smith's line and extending in line with said Stephen Smith, South 61/2' E 26.67 chains to a post in J. L. Herrick's line, on the North line of a ditch; thence in line with said Herrick, N 64' 10' W 2.19 chains along North side of said ditch to a post; thence in line with Carraway N 6° 55' W 24.47 chains to a post, then (10) feet East of the Eastern line of Norfolk -Southern Railroad; thence in line with said Carraway N 34' E .93 chains to a post in center of road leading from Kempsville to Powell's Corner; thence down center of said road N 70'/2' E 1.47 chains to the point of beginning; excepting therefrom a tract of three (3) acres conveyed to Monroe J. Williams by deed dated October 1, 1919, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 105, at Page 581, which 3 acre tract is expressly reserved by Alvord Corporation and is not included in the land conveyed by this deed, and excepting also the fee simple title and rights, title, and interest in and to the 20 foot private road, as shown on the Plat of A. C. Williams Land at Kempsville, which said plat is recorded in the Clerk's Office aforesaid, in Map Book 6, at Page 41, which 20 foot road was a part of the western portion of the property described hereinabove and which 20 foot road is expressly excepted from this conveyance and is reserved in its entirety as shown on the aforesaid plat for the exclusive use and complete ownership of Alvord Corporation and its successors and assigns. GPIN: 1467-90-2265 CONDREZONE/ALCAR/BONNEYSQUAY/PROFFER4 REV.5/24/04 PREPARE[) BY. MSY'KES. ROL'RDON. AAMN R LEVY. P.C. 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City of Virginia Beach — Laskin Road Gateway Overlay District MEETING DATE: August 10, 2004 IN Background: (a) An Ordinance to amend Section 102 of the City Zoning Ordinance by establishing the Laskin Road Gateway Overlay District within the RT-3 Resort Tourist District. (b) An Ordinance establishing use regulations, dimensional requirements, sign regulations, off-street parking regulations and density restrictions in the RT-3 (LRG) Laskin Road Gateway Overlay District. (c) Ordinance to amend the official zoning map by the addition of the Laskin Road Gateway Overlay District. (d) Ordinance to adopt the Laskin Road Gateway Design Guidelines as an amendment to the Comprehensive Plan. ■ Considerations: As the eastern terminus of U.S. 58, Laskin Road has provided one of, if not the primary point of entrance and exit for millions of people who have come to the Oceanfront of Virginia Beach to recreate. The portion of Laskin Road between Little Neck Creek / Beach Garden Park and Atlantic Avenue has, therefore, served the role of "gateway" to what many visitors perceive to be "Virginia Beach." However, a second role of this stretch of Laskin Road is that of a 'Main Street' for the thousands of residents and workers in the northern area of the Oceanfront. The interplay of these two roles on this section of Laskin Road have resulted in a four -lane arterial highway serving both local and long-distance traffic constricted by a variety of land uses on each side, largely catering to the residents in the immediate area. Compounding these dual roles and the tension between them is the changing role of the Oceanfront Resort itself and its future. The growing prominence of the Oceanfront Resort Area as a highly desired tourist and convention destination is affecting and will continue to affect the role of Laskin Road and thus, its design and land use character. With the development of a high -quality, prominent hotel anchoring the terminus of Laskin Road (which becomes 31 st Street at that point), the role of this section of Laskin Road as not only a neighborhood "Main Street" and resort "gateway" but also as an opportunity for higher quality and more intensive development is significant. This vision was initially expressed by the City Council for this area in 1994 and City of Virginia Beach — RT-3 Laskin Road Gateway Overlay Page 2 of 2 was recently reaffirmed with the adoption of the most recent Comprehensive Plan. The proposal currently before the Planning Commission and the City Council will establish an 'overlay" zoning district along Laskin Road and the area immediately north and south of Laskin Road and will provide design guidelines that offer direction for those who will be designing structures and sites within this area, in the hope that what is achieved will fulfill the vision of the Comprehensive Plan. The amendments are described in detail in the attached staff report. Staff recommended approval. There was no opposition to the requests ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 to unanimously approve these requests. ■ Attachments: Staff Review Ordinances Planning Commission Minutes Recommended Action: Staff recommends approval. Planning Commission recommends approval. /aj , Submitting Department/Agency: Planning Department` % City Manager: L ` �Z ^''�jj';� CITY OF VIRGINIA BEACH Agenda Items # 20, 217 22 & 23 July 14, 2004 Public Hearing 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. 20. CITY OF VIRGINIA BEACH An Ordinance to amend Section 102 of the City Zoning Ordinance by establishing the Laskin Road Gateway Overlay District . within the RT-3 Resort Tourist District.~, t r' .1e 21. CITY OF VIRGINIA BEACH An Ordinance establishing use regulations, dimensional requirements, sign regulations, off-street parking regulations and density restrictions in the RT-3 (LRG) Laskin Road Gateway Overlay District. 22. CITY OF VIRGINIA BEACH Ordinance to amend the official zoning map by the addition of the Laskin Road Gateway Overlay District. 4 23. CITY OF VIRGINIA BEACH Ordinance to adopt the Laskin Road Gateway Design Guidelines as an amendment to the Comprehensive Plan. CITY OF VIRGINIA BEACH — Laskin Road Gateway Agenda Items # 20, 21, 22, & 23 Page 1 Staff Evaluation As the eastern terminus of U.S. 58, Laskin Road has provided one of, if not the primary point of entrance and exit for millions of people who have come to the Oceanfront of Virginia Beach to recreate. The portion of Laskin Road between Little Neck Creek / Beach Garden Park and Atlantic Avenue has, therefore, served the role of "gateway" to what many visitors perceive to be "Virginia Beach." However, a second role of this stretch of Laskin Road is that of a 'Main Street' for the thousands of residents and workers in the northern area of the Oceanfront. The interplay of these two roles on this section of Laskin Road have resulted in a four -lane arterial highway serving both local and long-distance traffic constricted by a variety of land uses on each side, largely catering to the residents in the immediate area. Compounding these dual roles and the tension between them is the changing role of the Oceanfront Resort itself and its future. The growing prominence of the Oceanfront Resort Area as a highly desired tourist and convention destination is affecting and will continue to affect the role of Laskin Road and thus, its design and land use character. With the development of a high -quality, prominent hotel anchoring the terminus of Laskin Road (which becomes 31" Street at that point), the role of this section of Laskin Road as not only a neighborhood "Main Street" and resort "gateway" but also as an opportunity for higher quality and more intensive development is significant. This vision was initially expressed by the City Council for this area in 1994 and was recently reaffirmed with the adoption of the most recent Comprehensive Plan. The proposal currently before the Planning Commission and the City Council will establish an "overlay" zoning district along Laskin Road and the area immediately north and south of Laskin Road and will provide design guidelines that offer direction for those who will be designing structures and sites within this area, in the hope that what is achieved will fulfill the vision of the Comprehensive Plan. The amendments accomplish the following: 1. Establish the Laskin Road Gateway Overlay District on the zoning map, designated on the map by the symbol "(LRG)." Boundaries of the district will be as shown on the map above. All of the area is currently zoned RT-3 Resort Tourist District. 2, Allows multifamily dwelling units as follows: a. Multifamily dwellings on lots adjoining Laskin Road are allowed only in combination with one or more other permitted uses occupying the ground or first floor of the building in which the multifamily dwelling units are located. The other uses must have, singly or in combination, an CITY OF VIRGINIA BEACH — Laskin Road Gateway Agenda Items # 20, 21, 22, &23 Page 2 occupancy frontage equivalent to no less than seventy-five per cent (75%) of the frontage of the lot on Laskin Road ('occupancy frontage" means the exterior length of a building occupied by a retail, office or other non- residential use having at least one (1) exterior public entrance). b. Eliminates for the Laskin Road Gateway Overlay the requirement in Section 1521(a)(19) of the Zoning Ordinance that multifamily dwellings are only allowed when combined with other uses and may not exceed 70 percent of the total floor area of the project. The elimination of this provision has the affect of allowing multi -family dwellings as a single use within a building on lots within the Laskin Road Gateway Overlay that do not have lot lines adjoining Laskin Road. c. Buildings containing multifamily dwelling units are to adhere to the Laskin Road Gateway Design Guidelines. 3. Dimensional requirements are the same as for the RT-3 Resort Tourist District, except regarding density for multifamily dwellings. The maximum density for multifamily dwellings will be: a. Eighteen (18) dwelling units per acre on zoning lots having an area of 20,000 square feet (NOTE: minimum lot size for multi -family dwellings is 20,000 square feet); b. Twenty-four (24) dwelling units per acre on zoning lots having an area greater than 20,000 square feet and less than 2 acres; and c. Thirty-six (36) dwelling units per acre on zoning lots having an area greater than 2 acres. 4. Allows the Planning Director, through the process outlined in the amendment, to approve reduced setbacks on any zoning lot when: a. The proposed development for which the reduced setback is sought is of a type and quality consistent with the standards set forth in the Comprehensive Plan and the Laskin Road Gateway Design Guidelines; and b. The proposed development does not include any buildings or parcels that are not visually and functionally integrated into the entire development. 5. Establishes parking regulations for buildings where uses are mixed, such that structures containing both retail and office where at least twenty-five percent CITY OF VIRGINIA BEACH — Laskin Road Gateway Agenda Items # 20, 21, 22, & 23 Page 3 (25%) of the total floor area of the structure is devoted to retail use, office use, or a combination thereof, at least 3.5 parking spaces for every 1,000 square feet of total floor area of retail or office use, or both, must be provided. If a residential use is also contained in the same structure, at least 1.7 additional parking spaces per dwelling unit must be provided. Staff recommends approval of the amendments, the amendment to the Official Zoning Map establishing the overlay district, and the amendment to the Comprehensive Plan. The amendments are consistent with the recommendations of the Comprehensive Plan, providing another'tool' to be used in achieving the vision for the Oceanfront Resort Area. The text of the amendments is attached. CITY OF VIRGINIA BEACH — Laskin Road Gateway Agenda Items # 20, 21, 22, & 23 Page 4 I AN ORDINANCE ESTABLISHING USE 2 REGULATIONS, DIMENSIONAL REQUIREMENTS, 3 SIGN REGULATIONS, OFF-STREET PARKING 4 REGULATIONS AND DENSITY RESTRICTIONS IN 5 THE RT-3 (LRG) LASKIN ROAD GATEWAY 6 OVERLAY DISTRICT 7 8 Sections Added: City Zoning Ordinance 9 §§ 1540 - 1545 10 11 WHEREAS, the public necessity, convenience, general welfare 12 and good zoning practice so require; 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 That Article 15 (Resort Tourist Districts) of the City 16 Zoning Ordinance is hereby amended and reordained by the 17 addition of a new Part E, consisting of Sections 1540, 1541, 18 1542, 1543, 1544 and 1545, pertaining to the RT-3(LRG) Laskin 19 Road Gateway Overlay District, to read as follows: 20 ARTICLE 15. RESORT TOURIST DISTRICTS 21 . . . 22 E. RT-3(LRG) LASKIN ROAD GATEWAY OVERLAY 23 DISTRICT 24 25 Sec. 1540. Legislative intent. 26 (a) The purpose of the Laskin Road Gateway Overlay 27 District is to enhance one of the primary routes of access to 28 the Oceanfront Resort Area by providing areas for resort hotels, 29 residential, retail, office, and mixtures of such uses serving 30 the surrounding area. The District and its associated uses 31 should be located generally in the area west of Pacific Avenue, 32 east of Little Neck Creek and Beach Garden. Park, north of 29` 33 Street and south of 32nd Street where a high concentration of 34 such uses is desirable The purpose of this District is also to 35 foster good design and development patterns through the use of 36 incentives including tax abatement specific to the special 37 characteristics of this important gateway to the Oceanfront. 38 COMMENT 39 The amendment sets forth the intent of the City Council in creating the RT-3(LRG) Laskin 40 Road Gateway Overlay District and. 41 42 Sec 1541. Application of regulations. 43 The designation of any property as lying within the Laskin 44 Road Gateway Overlay District shall be in addition to, and not 45 in lieu of, the RT-3 Resort Tourist District classification of 46 such property, such that any property situated in the Laskin 47 Road Gateway Overlay District shall also lie within the RT-3 48 Resort Tourist District All such property shall be subject to 49 the requirements of this Part as well as to all other 50 regulations applicable to it and to the extent that any 51 provision of this Part conflicts with any other ordinance or 52 regulation the provision of this Part shall control. 53 Comment 54 The amendment provides that property within the Laskin Road Gateway Overlay District 55 is also subject to the City's other zoning regulations applicable to property in the RT-3 Resort 56 Tourist District. In the event of a conflict between a specific regulation of the Overlay District and 57 another regulation, the Overlay District regulation controls. 58 59 60 Sec. 1542. Use regulations. (a) Principal uses and structures. Subject to general 61 requirements and to the regulations of the RT-3 Resort Tourist 62 District, all uses and structures permitted as principal uses in 63 the RT-3 Resort Tourist District shall be permitted as principal 64 uses within the Laskin Road Gateway Overlay District; provided 65 that: M. 67 1) Multifamily dwelling units on lots abutt Laskin Road shall be allowed only in combination 68 with one or more other permitted uses occupying 69 the ground or first floor of the building in 70 which the multifamily dwelling units are located. 71 Such other uses shall have, singly or in 72 combination, an occupancy frontage equivalent to 73 no less than seventy-five per cent (75%) of the 74 frontage of the lot on Laskin Road. For purposes 75 of this section, "occupancy frontage" means the 76 exterior length of that portion of a building 77 occupied by a retail, office or other non- 78 residential use having at least one (1) exterior 79 public entrance. 3 80 (2) Multifamily dwellings shall not be subject to the 81 provisions of Section 1521(a)(19) of this 82 ordinance; and 83 (3) Buildings containing multifamily dwelling units 84 should adhere to the Laskin Road Gateway Design 85 86 Guidelines. (b) Accessory uses and structures. Subject to general 87 requirements and to the regulations of the underlying zoning 88 district all uses and structures permitted as accessory uses in 89 the underlying zoning district in which they are located shall 90 be permitted as accessory uses within the Laskin Road Gateway 91 Overlay District. 92 (c) Conditional uses and structures. Subject to general 93 requirements and to the regulations of the underlying zoning 94 district all uses and structures permitted as conditional uses 95 in the underlying zoning district in which they are located 96 shall be permitted as conditional uses within the Laskin Road 97 Gateway Overlay District with the following exception: 98 (1) Mini -warehouses. 99 COMMENT 100 The amendments set forth the permitted principal, accessory and conditional uses within 101 the RT-3(LRG) Laskin Road Gateway Overlay District. Those uses are identical to the uses 102 permitted in the remainder of the RT-3 District outside of the Overlay District, with the 103 enumerated exceptions. and with certain qualifications regarding layout and building design. In 104 particular, (1) multifamily dwellings on Laskin Road are allowed in the RT-3 (LRG) District only 105 when the first floor is occupied primarily by another use or combination of uses (Lines 66-79); (2) 106 CZO §1521 (a)(19) does not apply, such that multifamily dwellings are allowed to exceed 70% of 107 the total floor area of a project, (Lines 80-82); and (3) buildings with multifamily dwelling units 108 should comply with the Laskin Road Gateway Design Guidelines (Lines 83-85). 109 110 Sec. 1543. Dimensional requirements; density ill Dimensional requirements and maximum density for uses and 112 structures located within the Laskin Road Gateway Overlay 113 District shall be as specified in the RT-3 Resort Tourist 114 District; provided, however, that: 115 (a) The maximum density for multifamily dwellings shall 116 be: 117 (1) Eighteen (18) dwelling units per acre on zoning 118 lots having an area of 20,000 square feet 119 (2) Twenty-four (24) dwelling units per acre on 120 zonin4 lots having an area greater than 20,000 121 square feet and less than 2 acres; and 122 (3) Thirty-six (36) dwelling units per acre on zoning 123 lots having an area greater than 2 acres. 124 (b) Density shall be determined based on the area of the 125 entire zoning lot, even if such lot is partially occupied by 126 other principal uses or conditional uses, except that no parcel 127 may simultaneously receive density credit for both lodging units 128 and multifamily dwelling units; and 129 (c) For purposes of determining the maximum allowed 130 density for multifamily dwellings, in addition to the area of 3 131 the zoning lot on which the multifamily dwelling is to be 132 located the area of any other lot under common ownership with 133 such zoning lot and separated from such zoning lot by a public 134 street of no more than one hundred (100) feet in width shall be 135 included. 136 (d) The Planning Director may allow reduced setbacks on 137 any zoning lot when: 138 (1) The proposed development for which the reduced 139 setback is sought is of a type and quality 140 consistent with the standards set forth in the 141 Comprehensive Plan and the Laskin Road Gateway 142 Design Guidelines; and 143 (2) The proposed development does not include any 144 buildings or parcels that are not visually and 145 functionally integrated into the entire 146 147 development. (e) Applications for a reduced setback shall include a 148 detailed plan of development and streetscape plan showing the 149 relationship of all existing and proposed buildings pedestrian 150 improvements sidewalks parking areas site landscaping and 151 other physical improvements and such other information_ as the 152 Planning Director may require as being necessary to determine 153 whether the 154 subsection. 155 156 157 156 159 160 lication meets the criteria set forth in this (f) In the event the Planning Director denies an application for reduced setbacks pursuant to this subsection, the applicant may appeal such denial to the City Council within twenty-one (21) days of the date on which the application was denied. 161 be The maximum heicrht for buil five (75) feet, and no bui and structures shall or other structure 162 shall exceed the heiqht limit established by section 202(b 163 regarding air navigation. LOU 165 This section essentially incorporates into the RT-3(LRG) Laskin Road Gateway Overlay 166 District the dimensional (i.e., setback, yard spacing, lot area, etc.) requirements applicable to the 167 remainder of the RT-3 District, with the exceptions set forth above. In particular. 168 169 (1) density is allocated on the basis of lot size, with larger lots having greater maximum 170 density (Lines 117-123); 171 172 (2) the presence of other uses on a zoning lot has no effect on the determination of allowed 173 density, (Lines 124-128); 174 175 (3) in calculating density for multifamily units, the area of any other lot under common 176 ownership with the subject zoning lot and separated from such zoning lot by a public 177 street no more than 100 feet wide is included (Lines 129-135); and 176 179 (4) the maximum height for all structures is 75 feet or the maximum allowed by Federal 180 Aviation Administration regulations (Lines 160-163). 181 182 In addition, the section authorizes the Planning Director to allow reduced setbacks under 183 certain circumstances. An appeal to the City Council is provided for (Lines 155-159). 184 185 186 187 188 7 189 Sec. 1544. Sign regulations. 190 191 Signs in the RT-3(LRG) Laskin Road Gateway Overlay District 192 shall be permitted as specified in the RT-2 Resort Tourist 193 District. 194 COMMENT 195 The provision specifies that signs in the Laskin Road Gateway Overlay District are as 196 permitted in the RT-2 Resort Tourist District. Those regulations are the same as those applicable 197 in the RT-3 Resort Tourist District, as well. 198 199 Sec. 1545. Off-street parking regulations. 200 Parking shall be required for all uses and structures 201 permitted in the Laskin Road Gateway Overlay District in 202 accordance with Section 203 and the following provisions: 203 (a) For structures in which the entire floor area is 204 devoted to retail use at least one (1) parking space for every 205 200 square feet of floor area shall be provided; 206 (b) For structures in which the entire floor area is 207 devoted to office use at least one (1) parking space for every 208 270 square feet of floor area shall be provided; 209 (c) For structures in which the entire floor area is 210 devoted to multi -family residential use, at least two (2) 211 parking spaces per dwelling unit for the first fifty (50) units 212 located on a zoning lot and at least one and three quarters (1%) 213 spaces per dwelling unit for all units in excess of fifty (50) 214 units shall be provided; 215 (d) For structures containing both retail and office uses 216 where at least twenty-five percent (2596) of the total floor area 217 of the structure is devoted to retail use, office use, or a 218 combination thereof, at least 3.5 parking spaces for every 1,000 219 square feet of total floor area of retail or office use, or 220 both, shall be provided. If a residential use is also contained 221 in the same structure, at least 1.7 additional parking spaces 222 per dwelling unit shall be provided; and 223 (e) Vehicular parking between any building containing 224 multifamily dwellings and Laskin Road shall not be permitted on 225 lots having frontage on Laskin Road. 226 COMMENT 227 228 The section sets forth the off-street puking requirements for retail, office and residential 229 uses in the RT-3(LRG) District. 230 231 Adopted by the Council of the City of Virginia Beach, 232 Virginia, on the day of , 2004. CA-9266 OID/ordres/RT-3(LRG)regsordin.doc R-4 July 28, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r U4 [ - Aj;&4� IF Plann'ng epartment City Attorney's Office 0 1 AN ORDINANCE TO AMEND SECTION 102 OF 2 THE CITY ZONING ORDINANCE BY 3 ESTABLISHING THE LASKIN ROAD GATEWAY 4 OVERLAY DISTRICT 5 6 Section Amended: City Zoning Ordinance 7 § 102 8 9 WHEREAS, the public necessity, convenience, general welfare 10 and good zoning practice so require; 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That Section 102 of the City Zoning Ordinance is hereby 14 amended and reordained to read as follows: 15 Sec. 102. Establishment of districts and official zoning maps. 16 . . . . 17 (a2) In addition to the districts enumerated in subsection 18 (a) there is hereby established as an overlay district within the 19 RT-3 Resort Tourist District the Laskin Road Gateway Overlay 20 District Such district shall be designated on the official zoning 21 map as "RT-3(LRG)." 22 23 COMMENT 24 The amendment establishes the Laskin Road Gateway Overlay District as an overlay district 25 within the RT-3 Resort Tourist District. 26 27 28 Adopted by the City Council of the City of Virginia Beach, 29 Virginia, on this day of 2004. 30 31 32 CA-9264 33 OID\ordres\RT-3(LRG)estabordin.doc 34 R-1 35 May 17, 2004 36 37 38 APPROVED AS TO CONTENT: 39 40 41. 42 43 Plann epartment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney s Office 1 AN ORDINANCE TO AMEND THE OFFICIAL 2 ZONING MAP BY THE ADDITION OF THE 3 LASKIN ROAD GATEWAY OVERLAY DISTRICT 4 5 6 WHEREAS, the City Council has established the Laskin Road 7 Gateway Overlay District as an overlay district within the RT-3 8 Resort Tourist District and has adopted regulations applying 9 therein; and 10 WHEREAS, in order to define the geographic limits of the 11 Laskin Road Gateway Overlay District, it is necessary to amend the 12 official zoning map of the City; and 13 WHEREAS, the public necessity, convenience, general welfare 14 and good zoning practice so require; 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 That the official zoning map of the City of Virginia Beach be, 18 and hereby is, amended to incorporate the Laskin Road Gateway 19 Overlay District, as shown on a series of sheets marked and 20 identified as such, and which have been displayed before the City 21 Council this date and are on file in the Department of Planning. 22 COMMENT 23 The ordinance amends the zoning map to incorporate the Laskin Road Gateway 24 Overlay District as an overlay district within the RT-3 Resort Tourist District. 25 26 Adopted by the Council of the City of Virginia Beach on this 27 day of , 2004. 28 29 30 CA-9265 31 OID\ordres\RT-3(LRG)mapordin.doc 32 R-1 33 May 17, 2004 34 35 36 Approved as to Content: 37 38 39 OAA 40 PlInAij2Q Department Approved as to Legal Sufficiency: City Attorney's Office 3 46 1 AN ORDINANCE TO AMEND THE 2 COMPREHENSIVE PLAN BY THE 3 INCORPORATION OF THE LASKIN ROAD 4 GATEWAY DESIGN GUIDELINES 5 6 WHEREAS, on July 14, 2004, the Planning Commission held a 7 public hearing concerning the amendment of the Comprehensive 8 Plan (the "Plan") by the incorporation of the Laskin Road Design 9 Guidelines (the "Guidelines"), and at the conclusion of such 10 public hearing, recommended that the Plan be amended by the 11 incorporation of the said Guidelines as an appendix to the Plan; 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 13 CITY OF VIRGINIA BEACH, VIRGINIA: 14 That the Comprehensive Plan be, and hereby is, amended and 15 reordained by the incorporation of the Laskin Road Design 16 Guidelines, dated June 18, 2004, as an appendix to the 17 Comprehensive Plan. A true copy of the said Guidelines was 18 exhibited to the Planning Commission on June 14, 2004, and on 19 this day to the City Council. 20 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the day of 2004. CA-9324 OID/ordres/LRGplannord.doc R-1 July 14, 2004 APPROVED AS TO CONTENT: E ., cmilli - APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office Design Guidee^li' v 1: - 1C J '= BEACH GARDEN PARK attic Ave• s N Arctic Ave. +; wit as e e _ iV '-Pacific -Ayp. Atlantic Aye .a ONO a< City of V,irciinia IBeacW.v, (this page left blank on purpose) Laskin Road Gatewa►y Design Guidelines City of Virginia Beach, rv,irginia Prepared by the Virginia Beach Department of Planning June 18, 2004 (This page left blank on purpose) Table of Contents SECTION PAGE Introduction 5 Site Design 8 Building Mass and Scale 10 Form and Roofline 11 Building Entrances 12 Architectural Features 13 Materials and Colors 14'; Signs and Lighting 15 Outdoor Spaces 16 Examples 18 Introduction Background Laskin Road has served the City of Virginia Beach over a half century, gaining identification as the eastern terminus of U.S. Route 58 in 1956. As the eastern terminus of U.S. 58, the roadway has provided one of, if not the primary point of entrance and exit for millions of people who have come to the Oceanfront of Virginia Beach to recreate. The portion of Laskin Road between Little Neck Creek /Beach Garden Park and Atlantic Avenue has, therefore, served the role of "gateway" to what many visitors perceive to be "Virginia Beach." However, a second role of this stretch of Laskin Road is that of a 'Main Street' for the thousands of residents and workers in the northern area of the Oceanfront. The interplay of these two roles on this section of Laskin Road have resulted in a four-lane'arterial highway serving both local and long-distance traffic constricted by a variety of land uses on each side, largely catering to the residents in the immediate area. Compounding these dual roles and the tension between them is the changing role of the Oceanfront Resort itself and its future. The growing prominence of the Oceanfront Resort Area as a highly desired tourist and convention destination is affecting and will continue to affect the role of Laskin Road and thus, its design and land use character. With the development of a high -quality, prominent hotel anchoring the terminus of Laskin Road (which becomes3151 Street at that point), the role of this section of Laskin Road as not only a gateway" but also as an opportunity for higher development is significant, as called for in the Comprehensive Plan. These design guidelines offer direction for those who will be designing structures and sites within this Gateway, in the hope that what is achieved will fulfill that vision. Urban Form and Character While the street system in the Oceanfront Resort Are, is grid -based (and thus'urban' in form), the land use and its design character, is largely 'suburban' in form, reflected in parcels with single -use buildings, setback of the buildings from the street, parking in the front of the buildings, and low -profile, one or two-story buildings. Many people believe that the term "urban" refers only to high-rise construction or big buildings close together as evidenced most often by such places as New York, London, or Paris. In its truest sense, The vision that many people have when they think of "urban." This is not the type of urban referred to by these guidelines. "urban" most accurately describes those parts of our built environment that are discernibly different from their suburban and rural counterparts. It connotes denser arrangements of buildings characterized by overlapping patterns of use and activities, and clearly defined, humanely -scaled external spaces, where citizens can conduct their business and meet and mingle freely with others. These factors create a system of relationships that is larger and more comprehensive than the design of individual buildings, and which requires special consideration for best results. The organization of these various factors, including building design, landscape, open space and transportation is referred to as "urban design," and these guidelines provide clear examples of the standards and good practices that are necessary for the creation of successful, memorable places within the Laskin Road Gateway. Urban design is intended to bring order, clarity and a pleasing harmony to the urban places within the city. Urban design creates the "character" of a place'This character is primarily formed by the arrangement and details of the elementsthat , defines it — the walls of buildings that enclose a plaza, for example; or the - storefronts along the commercial street; or the dwellings that line a residential , avenue. These guidelines provide guidance on how that character for the"Laskin Road Gateway can be achieved. Application These guidelines are intended for the use of property owners, architects, ` designers, and others interested in developing and redeveloping sites within #oem RT-3(LRG) Resort Tourist District (Laskin Road Gateway Overlay) (see aeriat` photograph on next page). The guidelines are not intended to force a unifomt - appearance on the Gateway but to provide a general framework that allows`- , sufficient experimentation and flexibility. For further information, please consult Section 1540 of the City Zoning Ordinance, or contact the Department of Planning, Planning Evaluation Section, at 757-427-4621. Jt `tide J 1 BEACH GARDEN PARK a1t�c 4ve- N. � N Arctic Ave. 4 . SolIF a> -Y Pacific Ave. s ptLantic. - Page 8 Site Design Design Goal: Provide interest at the street level and enhance the pedestrian experience. Align a building's front at the sidewalk (right-of-way) edge ❑ A minimum of 75% of the building front (and side, if on a corner) should have a zero foot setback. ❑ Primary building facades should be parallel to the sidewalk (right-of- way), except where it is desired to maintain a highly desirable vista. ❑ Where portions of a building are set back from the sidewalk (right-of- way), such areas should be treated as courtyards (see Outdoor Spaces section later in this document). Develop the ground floor level of a building to encourage pedestrian activity nee sidewalk edge. This building. set back from the sidewalk, ❑ The linear frontage of a commercial erodes the visual mntinudy essential to a strong Mtad or mixed -use building should include district. pedestrian -oriented elements, such as: o Transparent display windows o Outdoor dining areas (cafes) o Public art or other public amenities such as fountains, benches, etc. ❑ Blank walls or vacant lot appearance is not appropriate. Locate on -site parking to minimize visibility from the sidewalk. Parking should not be located so that it interrupts the storefront continuity along the sidewalk. ❑ Place on -site parking behind the buildings, either at -grade or within a parking structure. ❑ Parking should be accessed from the rear of parcels for parcels with alleys. 1 ❑ For parcels without alley access, driveways serving on -site parking should be located on secondary streets. When necessary, such driveways should be minimized in width and provide for good visibility of pedestrians from vehicles using the driveway. Locate mechanical equipment and service areas out of public view. Building Mass and Scale 2 Design Goal: New buildings and additions should be delineated both vertically and horizontally to reflect a human scale. The height of buildings should provide for a human scale to the overall streetscape while respecting the location of the Laskin Road Corridor within a flight departure and arrival path for NAS Oceana. ❑ New buildings and additions to existing buildings should not exceed a maximum height of four stories, with an additional two to three stories possible if these upper floors are set back from the initial floor stories -to reduce the impact of the overall mass. Buildings should be divided into "modules" that provide visual interest and serve to create a traditional `Main Street" appearance to the Gateway. ❑ Create modules of 25 to 50 foot wide as traditionally found in Main Street environments. ❑ A clear visual division between upper and lower floors should be incorporated through a change in materials, colors, and use of canopies and awnings. Note the use of 25 to 50 foot modules in this building as a means of providing visual interest 3 Form and Roofline Design Goal; Simple rectangular forms with horizontal roof forms should predominate on commercial and mixed -use structures. Use of pitched rooflines on residential structures is appropriate. Simple rectangular volumes are preferred. ❑ New buildings and additions should be designed with simple rectangular volumes, accented by other shapes as details. ❑ Cylindrical, 'pyramidal, and other elaborate forms as the main building are not appropriate. For+commercial and mixed -use structures, 'horizontal roof forms should predominate and be screened by extensions of the building wall planes. The primary form of this building is rectangular, but it is accented with a variety of other geometric forms v Parapet walls should be used for screening flat roofs and should be detailed with such features as cornice to define the building roofline. ❑ Sloping roof forms may be considered as accents. For residential structures, horizontal roof forms or sloped roof forms are appropriate. ❑ Sloped roof forms may be considered as a means of screening a flat roof on a residential structure. Building Entrances Design Goal: Clearly identify the primary entrance to a building and orient it to the street. Orient the primary entrances to the sidewalk and the primary pedestrian ways. El U J Primary entrances to ground floor spaces and upper levels should be oriented to the sidewalk and primary pedestrian ways. If a courtyard is part of the overall design, an entrance may be located on it as well. Buildings located at the intersection of roadways should be designed with angled entrances at the cornet Note the change in material, color, and form used at the corner of this building, clearly designating the entrance Clearly identify the primary entrance ❑ Use an awning, change in roofline;. or other architectural feature to define the entrance. ❑ A sign mounted at the entry may also be used. ' ❑ Special paving treatments may be used to define the entry. Recessed entries should be used in storefront construction. ❑ Storefront entries should be recessed to emphasize the entrance, increase window display area, and provide a sheltered transition to the interior of the store. ❑ Storefront entries should be centered on the fagade and be highly 'transparent.' Solid doors are discouraged. This building makes good use of recessed areas as a means of clearly identifying the entrance 5 Architectural Features Design Goal: Architectural features should be used to provide weather protection and highlight building features and entries. Buildings should be designed to incorporate awnings. ❑ Storefront window openings should be designed to accommodate awnings above the windows. ❑ The awning should fit the shape of the opening of the building. ❑ Awnings should be mounted to highlight moldings that may be found above the storefront or to fit within a sign panel that may be part of the f6gade design. ❑ ,While fabric (canvas or other high quality fabric) awnings are preferred, ,W fixed metal canopies are also acceptable. Vinyl awnings are inappropriate. A, fixed canopy may be used where enhanced weather protection is desired. Permanent structures may be used on building facades with harsh sun '= exposure and where outdoor dining is planned. o They must be incorporated into the overall design of the building and be appropriate in mass and scale with the structure. These features must be designed to not obstruct storefront visibility and pedestrian access. into the brick molding along the storetront. Materials and Colors 6 Desiqn Goal: Building materials and colors should exhibit quality and help establish a human scale while providing visual interest. While some diversity in exterior building materials and color is a part of the tradition of urban form, the range should be limited in order to promote a sense of visual continuity for the area. ❑ Use the highest quality materials on exposed exterior surfaces, such as brick, pre -cast, tile and stucco. ❑ Innovative materials are encouraged provided they appear similar in quality, texture, finish and dimension to those used traditionally in the Oceanfront Resort Area. ❑ Stucco and synthetic stuccos should be detailed to create a composition of smaller wall surfaces and establish a sense of human scale. Simple material finishes are encouraged. ❑ Matte finishes are preferred. Polished stone or ceramic tile, for example should be avoided or limited to accent elements. ❑ Reflective or mirror glass is discouraged. ❑ Building colors should evoke a sense of richness and liveliness to complement and support the overall character of the Oceanfront Resort Area. The buildings along this street reveal a good mix of quality materials and colors, providing both human scale and visual interest "r Signs and Lighting Design Goal: Design buildings with careful consideration for the incorporation of signage and lighting. New buildings and additions should be designed to allow for signs appropriate in scale and location to the use and the Oceanfront Resort Area and the Laskin Road Gateway. Signs shall comply with the City Zoning Ordinance. Exterfor building lighting should be used to accentuate the building design and the overall ambiance of the Laskin Road Gateway. ❑° `Highlight architectural details and features with lighting integrated into the building design. ❑ Fagade lighting should provide for a sense of vibrancy and safety without resulting in excessive light and glare. o The innovative use of lighting is ,,"-encouraged. ❑ 'Energy conservation and efficiency -should also be considered. This building makes lighting an architectural feature by integrating the fixtures into the pilasters, illuminating the detail above and providing safety to those below Outdoor Spaces. 8 Design Goal: Design outdoor spaces to enliven the sidewalk level and provide for private open space for shoppers, employees, and residents. A variety of outdoor spaces may be considered: ❑ A courtyard at sidewalk level, set in line with the building front. ❑ An interior courtyard with a major entrance clearly visible from the street. ❑ Upper -level decks, balconies, and rooftop gardens are encouraged as private open space. Such structures should be located so as to avoid encroachment into the public right-of-way. Courtyards are encouraged as places for outdoor commercial activities. ❑ No more than 25% of a new commercial storefront building should be set back for a courtyard. ❑ Consider environmental conditions such as sun, shade and prevailing'.s.. - winds when positioning courtyards and outdoor seating areas. ❑ Trees, trellises or similar shade elements to be designed into a courtyard are encouraged. Upper story decks, balconies or rooftop gardens should be incorporated for - residential uses. o Balconies on the front fagade should be located and designed to minimize, potential conflicts with pedestrian traffic on sidewalks below. Such structures should also be located so as to avoid encroachment into the public right-of-way. ❑ Balconies should be appropriately scaled and incorporated into the overall design of the building. ❑ Projecting balconies should not obscure visibility of signs or storefronts. ❑ Consider environmental conditions such as sun, shade, and prevailing winds when designing decks, balconies or rooftop garden spaces. for this building through the use of simple balcony spaces Examples These examples illustrate a manner in which the design guidelines, when combined, would result in a development that meets the community's objectives for the Laskin Road Gateway. The graphic illustrations are intended to exemplify specific architectural elements and not a "preferred" architectural style. Retail Storefront S Stair E Elevator Lobby Features: 36 dwelling units per acre 75% retail frontage Ground level parking behind Residential lobby access from street level Private decks/balconies I askin Rd floor set back tNY 2J Wes articulated as 3 buildings LzskirrRd:— ground floor retail iential entry at street _ Retail Plaza S Stair E Elevator Lobby Features: 30 dwelling units per acre 75% retail frontage Ground level panting behind Residential lobby access from plaza and panting Private deckslbalconies Lwjw 2-3 Laskin Rd. Laskin Rd. �",r7 • �- Sloped mof acmnl Top floor set bads �', �.— _ ' ., r:, 1• Upper -story windows ':' _ •':. 75%ground Moor retail �, � �' • ' � _ Residential entry at plaza 7 - Plaza (This page left blank on purpose) Item #20 City of Virginia Beach An Ordinance to Amend Section 102 of the City Zoning Ordinance By establishing the Laskin Road Gateway Overlay District within The RT-3 Resort Tourist District Item #21 An Ordinance establishing use regulations, dimensional requirements sign regulations, off-street parking regulations and density restrictions in the RT-3 (LRG) Laskin Road Gateway Overlay District Item #22 An Ordinance to amend the official zoning map by the addition of the Laskin Road Gateway Overlay District Item #23 An Ordinance to adopt the Laskin Road Gateway Design Guidelines as an Amendment to the Comprehensive Plan July 14, 2004 IIUR@111_� 1 Joseph Strange: Items #20, 21, 22 & 23 are applications for the City of Virginia Beach to either amend or establish certain ordinances. I'd like to turn these over to Mr. Scott and let him discuss these. Robert Scott: Thank you Mr. Strange: I'll try to do it succinctly but briefly. We do have an important packet of changes here that apply to the RT-3 Zoning District but specifically to one geographical area of the Oceanfront which is what we call the Laskin Road Gateway. It is intended to accompany some of the things that we're doing with the Laskin Road Corridor itself. It is intended to pave the way, hopefully, for some better quality development in this area. It may not be the last of the changes that we make in this area as things go forward, or there may be some additional adjustments that are called for. Basically, we are trying to encourage mixed -use development in this area; so, we are making changes to the zoning ordinance that make the inclusion of multiple family units in projects easy for property owners and developers to accomplish. We are allowing them in combination with other permitted uses. We are eliminating requirements that they make up a certain percentage or no more than a certain percentage of the property. We are requiring that they adhere to the Laskin Road Gateway Design Guidelines, which are incorporated and included as part of this package. We do have design guidelines and they have been reviewed and presented to the Planning Commission in the past. You've seen them. We have run them by the Resort Advisory Commission, who has reviewed them and commented favorably upon them. We think we have a good package of ideas there. We would like to see the property that develops in this area do so in accordance with those design guidelines, which would be a major step forward. At this point, although we are rearranging density a little bit, we're not Items #20, 21, 22 & 23 City of Virginia Beach Page 2 substantially increasing that density at this moment. It allows the Planning Director to reduce the setback requirements in certain areas upon finding certain facts. This is an approach that we have used in the Pembroke area in the past and has worked well so far. So, we would like to try and continue that and if it looks like it is not working or other problems with it, we can certainly make an adjustment. But, where it has been used so far, it has worked well and we're suggesting that we continue on with it. So, we're trying to get development here that works well from an urban setting point of view. In accordance with that, we're also establishing new parking regulations with reduced amount of parking because of the mixed -use character of the projects that we anticipate. We are recommending approval of these amendments, the official zoning map including an RT-3 with the Laskin Road Gateway Overlay and the adoption of the Design Guidelines. We think this is going to be another important tool in achieving the goal of the Oceanfront Resort Area. If you want me to go into any specifics on any of those points, I can certainly so do. Dorothy Wood: We have had training sessions on our Monday night meetings. It certainly looks wonderful to me to improve our Oceanfront and our Laskin Road Gateway. Mr. Ripley. Ronald Ripley: Mr. Scott, in looking at the ordinance and looking at the guidelines, I notice that it suggests that when your combining multi -family or hotel with another use, that one of the things that you have to do is adhere to the guidelines, which is good. Then, in the guidelines, I noticed where it suggests that people who are developing property in this area should adhere to the guidelines or that is what the purpose of the guidelines are for but I know in other ordinances we have particularly and I would think it would be the Shore Drive ordinance or it might have been the Princess Anne but I forget which one, but we talked about all the uses should adhere to the guidelines. It was in the ordinance. I didn't see that in the ordinance. Is there something in the ordinance that says that by -right zoned property should adhere to the guidelines? I realize it's a voluntary thing. I know that I'm going to get a dissertation from the council about that but I understand the difference. It is a good thing to have in the ordinance that suggests that we should adhere to these guidelines because they should apply to all the property within the Overlay District. Do you see what I'm saying? Am I missing something? Robert Scott: Well, let me clarify. I don't think you - but let me clarify one point. We already have design guidelines in place. That is the retail guidelines that are, what 1 call should.... Ronald Ripley: That was the ordinance. Robert Scott: What is already an essentially commercial corridor right now. So, if somebody wanted to go in and develop a retail store on Laskin Road today, there would be design guidelines in place that we are going to tell them they should adhere to whether they seek further rights through the Use Permit process or not. So, we think that we have that in place. Items #20, 21, 22 & 23 City of Virginia Beach Page 3 Ronald Ripley: So, you think the retail guidelines cover you for the by -right use? Robert Scott: Yes. Ronald Ripley: It just simply could have been put in here also to further tie it to the guidelines for this Overlay District. In reading it, that's something I just didn't see but I did see it in the guidelines. I did see it in the guidelines saying that you should use this. It talks about application, first paragraph, Page 7 of the guidelines. It talks about other interested developing and redeveloping sites within in the RT-3 Overlay, should use these guidelines basically. But you feel you're okay. Robert Scott: We feel we're okay. I think your point is a good one. But I do feel we're okay. I think we're in a position to tell every property owner that would propose a development in that area whether by -right or by an application for additional rights through the Use Permit process or what have you that they should be adhering to these design guidelines. I will add that we have had some pretty good success throughout the City in the voluntary approach. People, if you tell them what you need and why and show them that all the property around them is also adhering to that same general set of standards, they're agreeable to doing that. We've had some good success. Ronald Ripley: And I've seen it on this Commission. I agree with you. I think the aw guidelines and they don't cost us anything to put in place and they just do a wonderful job in changing the looks of the area voluntarily. If you feel you're okay with that. Robert Scott: I do feel we're okay with it. Ronald Ripley: Okay. Bill Macali: Madame Chairman, may I explain one thing? Dorothy Wood: I would appreciate it Mr. Macali. Bill Macali: The fourth item here is an incorporation of the Design Guidelines themselves into the Comprehensive Plan. We're passing around right now the ordinance, which actually does that and was missing from your agenda but it is something that is necessary. It simply incorporates the design guidelines into the Comprehensive Plan. Dorothy Wood: Thank you Mr. Macali. Is there any other discussion? Ronald Ripley: Is there anybody in opposition? Dorothy Wood: No sir. Ronald Ripley: Speakers. Items 920, 21, 22 & 23 City of Virginia Beach Page 4 Dorothy Wood: No speakers. Eugene Crabtree: I'd move we approve agenda Items #20, 21, 22 & 23 as presented. Dorothy Wood: A motion by Mr. Crabtree, seconded by Ms. Anderson to approve Items 420, 21, 22 & 23. AYE 10 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABSO ABSENTI ABSENT Ed Weeden: By a vote of 10-0, agenda Items #20, 21, 22 & 23 have been approved by the Board. Dorothy Wood: Thank you. K. APPOINTMENTS DEVELOPMENT AUTHORITY HEALTH SERVICES BOARD PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) SOCIAL SERVICES BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNAMENT