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MARCH 8, 2005 AGENDA
CITY OF VIRGINIA BEACH COMMUNITY FOR A LIFETIME CITY COUNCIL . MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 n* HARRY E. DIEZEL Kempsville -District 2 ROBERT M DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. M4DDOX,, Beach - District 6 JIM REEVE, Princess Anne - District 7 CITY HALL BUILDING PETER W. SCHMIDT, At -Large 2401 COURTHOUSE DRIVE RONA. VILLANUEVA, At -Large VIRGINIA BEACH, VIRGINIA 23456-8005 ROSEMARY WILSON, At -Large PHONE: (757) 427-4303 DAMES L. WOOD, Lynnhaven -District 5 FAX (757) 426-5669 CITY MANAGER - JAMES K. SPORE CITY A7T'ORNEY- LESLIEL. LILLEY CITY CLERK - R UTH HODGES SMITH, MMC CITY COUNCIL AGENDA E- MAIL: Clycncl@vbgov.com 8 March 2005 I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:00PAt A. OLD BEACH DISTRICT MASTER PLAN Robert Scott, Director, Department of Planning B. KROC and SALVATION ARMY COMMUNITY CENTER SITES Cindy Curtis, Director, Department of Parks and Recreation C. NEIGHBORHOOD CHANNEL DREDGING Dean Block, Director, Department of Public Works II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - 4:30PAI A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6-00PIVL A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Charles H. Williams Pastor, Morning Star Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL AND FORMAL SESSIONS March 1, 2005 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES/RESOLUTION 1. Ordinance to AMEND Chapters 1-2, 6-3, 6-5, 6-10, 6-30, 6-114, and 31-28 of the City Code re the definition of "resort season". (Deferred January 41h, 1 lth and February 8th, 2005) 2. Ordinance to AMEND the City's Open Air Cafe regulations to AUTHORIZE Atlantic Avenue sidewalk cafes between 15th and 24th Streets and ESTABLISH criminal penalties for the failure to comply with orders closing or revoking the franchises for such cafes (Deferred February 8th, 22nd and March 1, 2005) Ordinance to TRANSFER $2,000,000 from the Debt Service fund and $9,138 from Reserve for Contingencies to "Police Training Facility" and the Police Department's FY 2004-2005 operating budget re services at the Blackwater Lodge and Training Center; and AUTHORIZE the City Manager to execute the services contract. 4. Ordinance to AUTHORIZE a temporary encroachment into a portion of the right-of-way back of 904 Verano Court by JAMES R. and MARLYN V. BROOKS to construct and maintain a pier. (DISTRICT 7 — PRINCESS ANNE) 5. Resolution to ESTABLISH the public's interest in Cape Henry Beach and AUTHORIZE acceptance of dedicated public beach easements re implementation of a beach erosion plan. PLANNING 1. Variance to §4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for RONALD LEE and PENNY MICHELE CASON at 6476 Knotts Island Road. (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL 2. Application of SENTARA HEALTHCARE at Concert Drive and Princess Anne Road: (DISTRICT 7 — PRINCESS ANNE) a. Change of Zoning District Classification from Conditional 0-2 Office District to Conditional B-2 Community Business District b. Conditional Use Permit for a hospital, athletic club, eating and drinking establishments, sale of convenience goods and personal services )other than those permitted as principal uses) and hair care centers c. Resolution to APPROVE and AUTHORIZE a First Amendment re Sentara Healthcare Development Agreement RECOMMENDATION: APPROVAL 3. Application of the SNYDER FAMILY TRUST at Clearfield Avenue and Virginia Beach Boulevard: (DISTRICT 2 — KEMPSVILLE) a. Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District to expand an existing automobile sales and repair facility b. Modification of Conditions for a Conditional Use Permit approved by City Council October 23, 2001 RECOMMENDATION: APPROVAL 4. Application of WORD OF LIFE FAMILY WORSHIP CENTER for a Conditional Use Permit for a church at 4726 Larkspur Square Shopping Center. (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: APPROVAL 5. Application of TIDEWATER INSTITUTE OF SPORTS, L.L.C. for a Conditional Use Permit re a recreational facility of an outdoor nature at Harpers Road and Dam Neck Road. (DISTRICT 6 — BEACH) RECOMMENDATION: APPLICANT REQUESTS DEFERRAL TO 3/22/05 6. Application of PERFECTING SAINTS WORSHIP CENTER fora Conditional Use Permit re a church at 620 Baker Road. (DISTRICT 2 — KEMPSVILLE) RECOMMENDATION: APPROVAL 7. Application of GARDEN OF THE PINES for a Conditional Use Permit re a pet crematory at 2685 Salem Road. (DISTRICT 7 — PRINCESS ANNE) RECOMMENDATION: APPROVAL K. APPOINTMENTS Community Policy and Management Team — CSA At Risk Community Services Board Francis Land House Board of Governors Health Services Advisory Board Human Rights Commission Investment Partnership Advisory Committee Minority Business Council Parks and Recreation Commission Performing Arts theatre Advisory Committee Personnel Board The Planning Council Towing Advisory Board L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: VIRGINIA RELAY at 1-800-828-1120 Agenda 03/08/05 sib www.vbgov.com ref si� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Chapters 1-2, 6-3, 6-30, 6-114 and 31-28 of the City Code Pertaining to the Definition of Resort Season MEETING DATE: March 8, 2005 IN Background: The resort season has traditionally been defined as Memorial Day to Labor Day. However, there are many sections of the City Code that have conflicting dates defining the resort season, which makes enforcement of each specific City Code section difficult and confusing for enforcement officials. Furthermore, over the past several resort seasons, two major developments have occurred, including the extension of the resort season and expansion of the beach. Recent occupancy studies have shown that more than 50% of all tourists visit the City during the months of September to May. This trend indicates the traditional "shoulder " seasons are becoming more popular for vacation travel, and the City is heading toward a more year- round travel destination. Operation Big Beach has also expanded the shoreline to a total of 300 feet. The expanded beach allows more visitors to enjoy normal beach activities such as sun bathing, swimming, throwing Frisbees and ball playing. ■ Considerations: Since the "shoulder" seasons are expanding and there is more room on the beach for traditional beach activities, the definition of resort season should be changed to May 1 to September 30. As a result, several code provisions that were enacted as public safety measure to restrict or limit use of the beach and resort area amenities need to be amended to reflect these new trends, as well as unifying the definition of resort season in the separate City Code sections. Provisions relating to playing ball and throwing Frisbees need to be relaxed, while provisions regulating fishing, animals on the beach, and launching recreational vehicles need to be tightened to reflect the expanded resort season. ■ Public Information: In March 2004, this issue was reviewed with the Resort Advisory Commission and recommended to City Council for the following season. A comment was received by a resident concerned about the impact on residents with a shorter season in which dogs are allowed on the beach and asking for installation of a dog park. Residents' concerns that they do not want to be restricted for two additional months from having their dogs on the beach are understood. This item was deferred on several occasions to address these concerns. At this time, a final solution has not been found for providing a dog park in the area. However, staff would like to move forward with the other revisions. Therefore, the section of the ordinance pertaining to dogs on the beach is not being included in these revisions. ■ Alternatives: Create a new definition of resort season or not adopt ordinance. ■ Recommendations: Approve ordinance. ■ Attachments: Ordinance. Recommended Action: Approval of Ordinance Submitting DepartmenVAgency: Convention and Visitors Bureau City Manager: 1 AN ORDINANCE TO AMEND THE CITY CODE TO DEFINE 2 THE TERM "RESORT SEASON" AND INCORPORATE THE 3 TERM IN CERTAIN ORDINANCES AND TO AMEND 4 PROVISIONS OF THE CITY CODE PERTAINING TO 5 PROHIBITED BEACH ACTIVITIES DURING THE RESORT 6 SEASON 7 8 SECTIONS AMENDED: City Code Sections 1-2, 6-3, 9 6-30, 6-114 and 31-28 10 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 1-2, 6-3, 6-30, 6-114 and 31-28 of the City Code 16 are hereby amended and reordained, to read as follows: 17 Sec. 1-2. Definitions and rules of construction. 18 In the interpretation and construction of this Code and of all 19 ordinances of the city, the following definitions and rules of 20 construction shall be observed, unless they are inconsistent with 21 the manifest intent of the council or the context clearly requires 22 otherwise: 23 . . . 24 Resort season. The term "resort season" shall mean the time 25 beginning May 1 and ending September 30 of each year. 26 COMMENT 27 This amendment defines "Resort Season" as the period between May 15` and September 30`h of 28 each year. 29 30 . . . . 31 Sec. 6-3. Playing ball, using frisbee, etc., en beaein certain 32 areas prohibited. 33 34 (a) It shall be unlawful for any person to engage in ball 35 playing or the use of a frisbee or any activity of like kind which 36 may endanger the safety of others on the beams the sandy 37 portion of the beach area between the surf and the area east of the 38 lifeguard stands, the boardwalk and the grassy area west of the 39 boardwalk to the property lines from Camp Pendleton Rudee Inlet on 40 the south to 42nd Street on the north from 10:00 a.m. to 4:00 p.m. 41 weekdays and 10:00 a.m. to 6:00 p.m. weekends and holidays fre 42 Mefaerial Day Weekend threugh Laber Day Weekend during the resort 43 season ef eaeh year. Fer the sanel beaeh area between Ga 44 Pendleten and Riddee inlet, knewn as Greatan Beaeh, this seetien. 50 and--Laber Day Weekend shall be— deemed -te d at 6:99 p.m. Laber 51 Dy. It shall be unlawful for any person to engage in ball playing 52 or the use of a frisbee or any activity of like kind which may 53 endanger the safety of others on the sand beach area between Ca 54 Pendleton and Rudee Inlet, known as Croatan Beach, on weekends and 55 holidays 10:00 a.m. to 6:00 p.m. during the resort season. 56 (c) The city manager or his designee is authorized to 57 designate locations within the sand beach area set forth in 58 subsection (a) of this section where activities such as playing 59 ball or using a frisbee or any activity of like kind may be 60 allowed. Such areas shall be designated with appropriate markers. 2 61 COMMENT 62 63 This amendment: (1) incorporates the newly - defined term "resort season" into this section; and 64 (2) eliminates the restrictions on using frisbees, playing ball, etc. during the resort season on the portion 65 of the beach between the boardwalk and the lifeguard stands from Camp Pendleton on the south to 42nd 66 Street on the north. In addition, the provisions pertaining to Croatan Beach are relocated in the section. 67 68 . . . . 69 70 71 Sec. 6-30. Fishing from sand beaches. 72 73 It shall be unlawful to fish from the sand beaches of the city 74 from 42nd Street to Rudee Inlet between the hours of 10:00 a.m. and 75 4:00 p.m. weekdays and 10:00 a.m. and 6:00 p.m. weekends and 76 holidays fi-effi MefReria Weekend reugh LaberDay Week during 77 the resort season. 81 COMMFNT 82 The amendments incorporate the term "resort season" into this section. 83 . . . . 84 Sec. 6-114. Restrictions on launching, landing, parking or 85 stationing recreational vessels in certain areas. 86 87 (a) It shall be unlawful for any person to launch or land a 88 sailboat, motorboat, motorized personal watercraft, canoe, rowboat, 89 flatboat, kayak, umiak, scull or any other similar recreational 90 vessel on the beach area north of Rudee Inlet to the center line of 91 42nd Street prolongated eastward, between Memeria_-1 Day W_ekend and 92 Labe —Bay Tin during the resort season between the hours of 3 93 10:00 a.m. and 4:00 p.m. weekdays and 10:00 a.m. and 6:00 p.m. 94 weekends and holidays. The provisions of this subsection shall not 95 be applicable to any person who is awarded a contract, based upon 96 competitive procurement principles, to conduct an operation for the 97 rental of designated recreational vessel(s) or to any person who 98 rents a vessel from an authorized rental operator provided the 99 vessel(s) so rented is launched or landed within the area 100 designated in such contract. Ferpui-peses eftis seetien, 102 Friday b e f e r e Meffterial Day, and Taber Weekend shall be 103 . 104 COMMENT 105 The amendments incorporate the term "resort season" into this section. 106 107 Sec. 31-28. Points of collection. 108 . . . 109 (b) Mobile containers in the resort collection zone may be 110 placed on the curb line of a city right-of-way by 6:00 a.m. on the 111 day of collection. 112 The collection of refuse from any mobile or bulk container by 113 a private contractor in the resort collection zone between April 15 114 andGetzeber 4:5 during the resort season of eaeh yea-r- shall be 115 restricted to between the hours of 6:00 a.m. and 10:00 a.m. daily. 116 Any mobile container in the resort collection zone placed on the 117 curb line of a city right-of-way between pril 15 and-eteber 15 11 119 later than 10:00 a.m. If mobile containers are not removed by that 120 time, the city may remove them and take temporary custody of such 121 containers with posted written notice to the property owner as to 122 the location of the containers and the procedure for reclaiming 123 such containers. 124 COMMENT 125 126 The amendments incorporate the term "resort season@ into this section. 127 128 129 Adopted by the City Council of the City of Virginia Beach, 130 Virginia, on this day of CA-8773 wmm\ordres\resortseasondefordin.doc R-11 March 3, 2005 11 2005. Approved as to Content: Approved as to Legal Suffi iency: I /4�Manager' O ice City Attorney s Office 5 77 17-7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Revise the City's Open Air Cafe Regulations to Authorize Atlantic Avenue Sidewalk Cafes between 15th and 24th Streets and Establish Criminal Penalties for the Failure to Comply with Orders Closing or Revoking the Franchises for Such Cafes MEETING DATE: March 8, 2005 ■ Background: In 1985, the City Council, upon the recommendation of City staff and the Resort Advisory Commission, authorized the City Manager to promulgate Open Air Cafe Regulations. Since then, additional revisions to the Regulations have been made as the cafes have continued to evolve and grow as an amenity in the Resort Area. Last summer, a pilot program to permit open air cafes between 15th and 24th streets, under strict conditions, was initiated. This item was deferred on February 8th and 22"d, and on March 1st ■ Considerations: The proposed revisions to the Regulations would delete the current prohibition on outdoor cafes on Atlantic Avenue between 15th and 24th Streets, and establish guidelines for cafes to be permitted to operate in this area. These revisions retain the strict operating rules established in the pilot program. The RAC has endorsed this proposal, as well as the proposed regulations. The proposed ordinance to approve the Regulations also establishes criminal penalties for cafe owners or operators who do not comply with orders closing cafes or revoking cafe franchise agreements. ■ Public Information: This item will be publicized as part of the City Council's agenda ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance Proposed Regulations Recommended Action: Approval Submitting Depart AeoAge cy: Vir i 'a Beach Convention and Visitors Bureau City Manager:H:\PA\GG\ORDRES\AR opg 1 AN ORDINANCE TO AMEND THE CITY'S 2 OPEN AIR CAFE REGULATIONS TO 3 AUTHORIZE ATLANTIC AVENUE SIDEWALK 4 CAFES BETWEEN 15TH AND 24TH STREETS 5 AND ESTABLISH CRIMINAL PENALTIES 6 FOR THE FAILURE TO COMPLY WITH 7 ORDERS CLOSING OR REVOKING THE 8 FRANCHISES FOR SUCH CAFES 9 10 WHEREAS, by resolution adopted November 15, 1985, City 11 Council authorized the City Manger to promulgate Open Air Cafe 12 Regulations, which have been amended, from time to time, to 13 address concerns and issues that have arisen during the 14 operation of these cafes; 15 WHEREAS, these Regulations have, to date, prohibited 16 sidewalk cafes on Atlantic Avenue between 15th and 24th Streets; 17 WHEREAS, a pilot program permitting sidewalks cafes in 18 this area was conducted during the summer of 2004; and 19 WHEREAS, after the success of this pilot program, a 20 modification to the Regulations that would permit sidewalk cafes 21 on Atlantic Avenue between 15th and 24th Streets has been 22 proposed. 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 24 CITY OF VIRGINIA BEACH, VIRGINIA: 25 1. That the City Manager is hereby authorized to 26 amend the Open Air Cafe Regulations to permit sidewalk cafes on 27 Atlantic Avenue between 15th and 24th Streets, as detailed in the 28 proposed revisions presented to the City Council. 29 2. That any owner, operator or employee of an open 30 air cafe located on Atlantic Avenue between 15th and 24th Streets 31 who willfully fails or refuses to comply with a lawful order of 32 a public safety official of the City of Virginia Beach to close 33 such open air cafe immediately or at such later time as may be 34 directed by such public safety official, for reasons of crowd 35 control, unruly behavior either within the establishment or in 36 nearby areas or for other reasons related to preservation of 37 public safety or public order, shall be guilty of a misdemeanor 38 punishable by confinement in jail for not more than thirty (30) 39 days and a fine of not more than One Thousand Dollars ($1,000), 40 either or both. 41 3. That, upon revocation or suspension by the City 42 Manager of a franchise to operate an open air cafe on Atlantic 43 Avenue between 15th and 24th Streets, any owner or operator 44 failing to comply with the order of the City Manager revoking or 45 suspending such a franchise shall be guilty of a misdemeanor 46 punishable by confinement in jail for not more than thirty (30) 47 days and a fine of not more than One Thousand Dollars ( $1, 00 0) , 48 either or both. 49 2 50 Adopted by the Council of the City of Virginia Beach, 51 Virginia, on the day of CA-9487 OID/ordres/openairregsord.doc R-5 January 24, 2005 2005. APPROVED AS TO CONTENT: Virginia Beach Convention and Visitors Bureau APPROVED AS TO LEGAL SUFFICIENCY: C City Attorney' Office 3 REVISED RESORT OPEN AIR CAFE REGULATIONS SECTION 1. GENERAL PURPOSE Rev. 03/08/05 1. The Resort Open Air Cafe regulations are for the RT-1, RT-2, and RT-3 zoning districts located in the resort area specifically identified as adjacent to the Boardwalk, Connector Parks, Atlantic Avenue, or Atlantic Avenue side streets. The regulations are designed to encourage cafes where they are appropriate, and promote an ambiance conducive to public health, safety, general welfare, and would serve as a public amenity. These general goals include, among others, the following specific purposes: LLA To promote cafes as visual amenities which improve the appearance and pedestrian ambience of the Boardwalk, Connector Parks, Atlantic Avenue sidewalks, and Atlantic Avenue side streets. 1.1.11 To preserve and enhance the character of the resort area. LLC To ensure that adequate clearance is maintained for pedestrians and bicyclists adjacent to cafes. LLD To establish administrative and enforcement procedures for Open Air Cafes that are effective, efficient, and enforceable. 1.1.E To promote the construction of lightweight removable structures and the most desirable use of public property. Materials permitted for use in cafe construction are indicated in Section 5, "Cafe Requirements". The structure must be dismantled easily and not permanently attached to adjacent building. SECTION 2. DEFINITIONS 2.1 Resort Open Air Cafe is an outdoor restaurant directly adjoining an existing restaurant facility in the RT-1, RT-2 or RT-3 Zoning District which is exempt from additional off-street parking requirements. Cafes are franchised to operate on public property and are required to provide waiter and waitress full table service in a specific semi -enclosed space as described herein. No portion of an Open Air Cafe shall be used for any purpose other than dining or related circulation. Cafes must have direct access to the host restaurant. All cafes and the required adjacent/operating business will meet all ADA Standard disability access requirements (including rest room facilities). There are four types of cafes. 2.1.A Cafe employees shall not prepare or pour alcoholic beverages for delivery or sale to patrons within any category A, B, C, or D cafe; provided, however, that patrons may consume alcoholic beverages in these cafes in compliance with state regulations. 2.1.11 Solicitation of any type, as described in Section 26-3 of the City code, from any cafe will result in immediate termination of franchise agreement. Category A - Boardwalk Cafe. A resort open airiboardwalk caf6 is located on public property facing the boardwalk in the RT-1 zoning district. Category B - Connector Park Cafe. A resort connector park caf6 is to be located on public property in a Connector Park in the RT-1 zoning districts. The Caf6 is not to extend East of the building's property line. Category C - Atlantic Avenue Sidewalk Cafe. An Atlantic Avenue sidewalk caf6 is to be located on the public sidewalk along Atlantic Avenue directly adjoining an existing restaurant facility in the RT-2 Zoning Districts. Cafes not peFmitted between I Category D - Atlantic Avenue Side Street Cafe. A resort side street caf6 is to be directly adjoining an existing restaurant facility in the RT-2 or RT-3 zoning district; is to be located on public property; and is to be located on side streets only between Atlantic and Pacific Avenues. No cafes are authorized west of Pacific Avenue. Category E - Atlantic Avenue Sidewalk Cafe-15t' to 24t' Streets. An Atlantic Avenue-15 to 24t Streets sidewalk cafe is to be located on the public sidewalk alona Atlantic Avenue directly adioinin2 an existing restaurant facility in treets on SECTION 3. RESTAURANTS NOT CONSIDERED FOR THE CAFE PROGRAM 3.1 Fast Food Establishments. An establishment franchised or otherwise that offers quick food service of items already prepared and held for service, or prepared, fried, griddled quickly or heated in a device such as a microwave oven. Orders are not generally taken at the customer's table and food is generally served from a counter in disposable wrapping or containers, exclusive of full waiter/waitress table service. Fast Food establishments will not be considered for outdoor cafes. SECTION 4. ENTERTAINMENT/AMPLIFIED MUSIC 4.1 Live or recorded entertainment is allowed under the following conditions in all outdoor cafes: 4.1.A During the hours 12:00 p.m. to 11:00 p.m. 4.1.B Solo or duo live entertainment only. Connecting cafe do not constitute more than one entertainment venue. 4.1.0 All patrons of cafes shall be seated when being served in the cafe area. 4.1.1) The cafe franchise agreement administrator/city officials shall have the sole discretion in determining if the music sound level emanating from the cafe is considered loud or disturbing. Amplification of music shall be directed within cafe area. 4.1.E Cafe operators shall receive one written warning that the music is not complying to the cafe regulations. Upon notice of a second violation, the cafe will forfeit their entertainment within the cafe. Continued violations or disregard will be grounds to terminate the cafe franchise agreement. SECTION 5. CAFE REQUIREMENTS 5.1 Category A - Boardwalk Cafe. A resort open air/boardwalk cafe is located on public property facing the boardwalk in the RT-1 zoning district. 5.1.A Setbacks: Category A cafes shall have a minimum setback often (10) feet form the western edge of the bicycle path. Pending review of specific cafe site plans, additional setbacks and clear path space may be required. 5.1.B Floor: Floor shall be a smooth clean permanent surface as required by the City of Virginia Beach Health Department. Footings, pavers and concrete flooring are permissible. 5.1.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory -finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.1.D Canopy: Boardwalk Cafes shall have a soft top, temporary canopy constructed as specified herein. The canopy shall only cover the top of the Boardwalk Cafes, except that transparent vinyl or plastic curtains may be used on the sides as windbreaker. At no point shall the height of the canopy be lower than eight (8) feet above the floor of the Boardwalk Cafe. The valence of the awning shall not exceed twelve (12) inches in width. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and Inspection Division, and shall meet all applicable Building, Structural, and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2" in Diameter. Deviations shall be individually reviewed by the City. 5.1.E Fixtures: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on cafe railing are allowed. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the cafe is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.1.F Planting: Planting shall be provided and properly maintained by the owner/applicant around the perimeter of the Boardwalk Cafe. One planting bed of not less than five (5) feet nor more than ten (10) feet. The City Landscape Services Department shall review and approve the applicants landscape plan prior to operating the cafe. 5.1.G Access: Only one well-defined entrance opening connected to an existing or new walkway system which connects to the boardwalk should be permitted. Access will meet all ADA Standard Disability Access requirements. 5.1.H Size: Improvements on public property are limited to a cafe (maximum 800 sq. ft.) and one five (5) foot walkway. 5.1.I Maintenance: Cleanup and necessary maintenance of the area of a Resort Open Air/Boardwalk Cafe including landscape areas and City property adjacent to cafe is the sole responsibility of the designated franchisee. 5.1.J Lighting: Only incandescent lighting, candles, Christmas lights, and ceiling fans are permitted on the interior of the Boardwalk Cafe. 5.1.K Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.1.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. The name of the establishment may be painted or sewn in a single location on the valence of the canopy with a maximum of eight (8)-inch lettering. 5.1.M Bicycle Parking Area: Bicycle parking areas are recommended to be integrated with the cafe improvements. The bicycle parking area will be approximately eight (8) feet by eleven (11) feet concrete, brick pavers, or similar paved area with a single load bicycle rack. This area will not be 4 included in franchise cafe area allowance, however, it should be made available for general public use. 5.2 Category B - Connector Park Cafe. A resort connector park cafe is to be located on public property in a Connector Park in the RT-1 zoning districts. The Cafe is not to extend East of the building's property line. 5.2.A Setbacks: Category B Cafes shall be a required to have minimum setback of ten (10) feet from the Atlantic Avenue curbline. The Cafe is not to extend East of the building's property line. Pending review of specific cafe site plans, additional setbacks and clear path space may be required. 5.2.B Floor: The existing paved park surface may be used. In addition to floor requirements, the floor shall be a smooth clean permanent surface as required by the City of Virginia Beach Health Department. Footings, pavers and concrete flooring are permissible. 5.2.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory -finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.2.D Canopy: Canopies are permitted but not required. If specified, canopies for Category B Cafes (Connector Park Cafes) should have a soft top, temporary canopy constructed as specified herein. The canopy shall only cover the top of Category B Cafes (Connector Park Cafes), except that transparent vinyl or plastic curtains may be used on the sides as windbreaker. At no point shall the height of the canopy be lower than eight (8) feet above the floor of the Category B Cafe (Connector Park Cafes). The valence of the awning shall not exceed twelve (12) inches in width. Umbrellas are permitted. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and Inspection Division, and shall meet all applicable Building, Structural, and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2" in Diameter. Deviations shall be individually reviewed by the City. 5.2.E Fixtures: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on cafe railing are allowed. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the cafe is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.2.F Planting: Additional planting may be required by City Staff for Category B Cafes (Connector Park Cafes). The City Landscape Services Department shall review and approve the applicants landscape plan. 5.2.G Access: One well-defined opening is required. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.2.11 Size: Improvements on public property are limited to a cafe (maximum 800 sq. ft.). 5.2.I Maintenance: Cleanup and necessary maintenance of the area of a Category B (Connector Park Cafe) including landscape areas and City property adjacent to cafe is the sole responsibility of the designated franchisee. 5.2.J Lighting: Only incandescent lighting, candles, Christmas lights, and ceiling fans are permitted on the interior of the Category B Cafe (Connector Park Cafe). 5.2.K Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.2.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. The name of the establishment may be painted or sewn in a single location on the valence of the canopy with a maximum of eight (8)-inch lettering. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.2.M Bicycle Parking Area: Bicycle parking areas are not allowed in the Connector Parks. Category B Cafes (Connector Park Cafes) must use existing parking racks. 5.2.N Service Bar Openings: Service bar openings for waiter/waitress use are allowed into a Connector Park Cafe only. Service bar opening will be maximum of 5 feet wide. Operation of bar must meet all ABC regulations. 5.3 Category C - Atlantic Avenue Sidewalk Cafe. An Atlantic Avenue Sidewalk Caf6 is to be located on the public sidewalk along Atlantic Avenue directly adjoining an existing restaurant facility in the RT-2 Zoning Districts. Cafes are -net -per -muted between 15th and 24th Streets on Atlantic Avenue will be permitted separately as Category E cafes. Canopies are not allowed for 6 Category C cafes. However, awnings are permitted as defined in Section 5.3.1), Awnings. Category C Cafes are to be temporary in nature and designed so that all chairs, tables, planters, fences, etc. can be removed during periods of non-use. 5.3.A Setback: Category C Cafes are required to be setback a minimum of eight (8) feet from the curb line and all obstructions in the public right-of-way. Pending review of specific cafe site plans, additional setbacks and clear path space may be required. The minimum distance shall be measured from the portion of the cafe frontage which is nearest the obstruction. For the purpose of these guidelines obstructions shall be defined as vertical public infrastructure improvements such as traffic signal poles, sign poles, light poles, planting areas, trees, trash receptacles, benches, bike racks, parking meters, etc. 5.3.B Floor: Only the existing paving or sidewalk is to be used for placement of removable cafe furnishings. Should the building be setback from the curb line, the development of new surfaces for seating may be permitted. 5.3.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory -finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.3.D Awnings: Canopies are not allowed for Category C Cafes(Atlantic Avenue Sidewalk Cafes), but awnings as allowed through the Resort Area Facade Program are permitted; awnings extending beyond the dimension permitted in the Resort Area Facade Program (Y) may be permitted based on review by City staff and the Resort Advisory Commission (RAC). Umbrellas are permitted. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.3.E Fixtures: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on cafe railing are allowed. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the cafe is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. 5.3.F Planting: Perimeter planting in planters or planter boxes will be required; selection of planting will be determined by City staff. All such planters or plantings shall be on or within the cafe. 5.3.G Access: Only one well-defined entrance opening is permitted to the cafe area; the cafe area must be connected to the corresponding business 7 entrance. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.3.H Size: Category C Cafes may not cover more than the front face of the operating business building. In addition, the scale, proportion, and overall design of the caf6 shall be reviewed by City staff to ensure the caf6 is compatible with the adjacent building, the street block face, and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvements. 5.3.I Maintenance/Operation: The Category C Caf6 operator will be responsible to maintain an attractive and clean caf6 area at all times. 5.3.J Lighting: Only incandescent lighting, candles, and Christmas lights are permitted on the interior of the Category C Caf6 (Atlantic Avenue Sidewalk Caf6). 5.3.K Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.3.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. If umbrellas are used the name of the caf6 may appear on the valence of each umbrella. 5.3.M Bicycle Parking Area: Bicycle parking areas are not allowed to be installed on City Property. Category C Cafes (Atlantic Avenue Sidewalk Cafes) must use existing bike racks. 5.4 Category D - Atlantic Avenue Side Street Cafe. A Category D Caf6 (Atlantic Avenue Side Street Caf6) is to be directly adjoining an existing restaurant facility in the RT-2 or RT-3 zoning district; is to be located on public property; and is to be located on side streets only between Atlantic and Pacific Avenues. No cafes are authorized west of Pacific Avenue. Category D Cafes are to be temporary in nature and designed so that all chairs, tables, planters, fences, etc. can be removed during periods of non-use. Canopies are allowed for Category D cafes but not required. 5.4.A Setback: Category D Cafes (Atlantic Avenue Side Street Cafes) are recommended to be setback eight (8) feet, but a minimum distance of (6) feet clear sidewalk width, free from obstruction, is required for all Category D Cafes. Pending review of specific caf6 site plans, additional setbacks and clear path space may be required. The minimum distance shall be measured 8 from the portion of the cafe frontage which is nearest the obstruction. For the purpose of these guidelines obstructions shall be defined as vertical public infrastructure improvements such as traffic signal poles, sign poles, light poles, planting areas, trees, trash receptacles, benches, bike racks, parking meters, etc. 5.4.B Floor: Only the existing paving or sidewalk is to be used for placement of removable cafe furnishings. Should the building be setback from the curb line, the development of new surfaces for seating may be permitted. 5.4.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be constructed of finished painted wood, factory -finished metal glass or masonry block, or a manufactured fiberglass or metal railing system. 5.4.1) Canopy: Canopies are permitted but not required. If specified, a Category D Cafe (Atlantic Avenue Side Street Cafe) shall have a soft top, temporary canopy constructed as specified herein. The canopy shall only cover the top of Category D Cafes ( Atlantic Avenue Side Street Cafes), except that transparent vinyl or plastic curtains may be used on the sides as windbreaker. At no point shall the height of the canopy be lower than eight (8) feet above the floor of the Category D Cafe (Atlantic Avenue Side Street Cafes). The valence of the awning shall not exceed twelve (12) inches in width. Umbrellas are permitted. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. All canopies shall be constructed of fire resistant vinyl fabric or canvas as approved by the City of Virginia Beach Planning Department/Permits and Inspection Division, and shall meet all applicable Building, Structural, and Fire Codes. Supporting Structure shall be metal pipe or tube system not to exceed 2" in Diameter. Deviations shall be individually reviewed by the City. 5.4.E Fixtures: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. Planter boxes on cafe railing are allowed. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during, the off-season, or when the cafe is not in operation for more than a five (5) day period. These objects include tables, chairs, furnishings, and decorative fixtures. X 5AX Planting: Perimeter planting in planters or planter boxes will be required; selection of planting will be determined by City staff. All such planters or plantings shall be on or within the cafe. 5.4.G Access: Only one well-defined entrance opening is permitted to the cafe area; the cafe area must be connected to the corresponding business entrance. Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.4.11 Size: A Category D Cafe (Atlantic Avenue Side Street Cafe) may not cover more than the front face of the operating business building. In addition, the scale, proportion, and overall design of the cafe shall be reviewed by City staff to ensure the cafe is compatible with the adjacent building, the street block face, and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvements. 5.4.I Maintenance: The Category D Cafe operator will be responsible to maintain an attractive and clean cafe area at all times. 5.4.J Lighting: Only incandescent lighting, candles, Christmas lights and ceiling fans are permitted on the interior of the Category D Cafe (Atlantic Avenue Side Street Cafe). 5.4.K Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.4.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. The name of the establishment may be painted or sewn in a single location on the valence of the canopy with a maximum of eight (8)-inch lettering. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.4.M Bicycle Parking Area: Bicycle parking areas are not allowed to be installed on City Property, Category D Cafes (Atlantic Avenue Sidewalk Cafes) must use existing bike racks. - Atlantic Avenue Sidewalk Cafe--151h to 24th Streets A Category E Cafe (Atlantic Avenue Sidewalk Cafe-15"' to 24"' Streets) is to be located on the public sidewalk along Atlantic Avenue directly adjoining an existing restaurant facility in the RT-2 Zoning Districts between 15th and 24`h Street. A franchise for these cafes will only be granted to those restaurants located on private property with 80% or more 10 of interior space dedicated to table and chairs for sit down service by a waiter or waitress. Category E Cafes are to be temporary in nature and designed so that all chairs tables, planters, fences, etc. can be removed during periods of non- use. 5.5.A Setback: Category E Cafes are required to be setback a minimum of eight (8) feet from the curb line and all obstructions in the public right- of-way. Pending review of specific cafe site plans, additional setbacks and clear path space may be required. The minimum distance shall be measured from the portion of the cafe frontage, which is nearest the obstruction. For the purpose of these guidelines obstructions shall be defined as vertical public infrastructure improvements such as traffic signal poles, sign poles, light poles planting areas tree grates, trees, trash receptacles, benches, bike racks, parking meters, etc. 5.5.B Floor: Only the existing paying or sidewalk is to be used for placement of removable cafe furnishings. Should the building be setback from the curb line the development of new surfaces for seating _ma�be permitted on private property only. 5.5.0 Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches in height and maximum 42" height. It shall be decorative in nature and constructed of finished painted wood, factory -finished metal, or a pre -manufactured heavy grade fiberglass or ornamental metal railing system. All cafe perimeter fence systems shall be reviewed by the city prior to approval for their use. Planter systems are encouraged to complement the fencing system. 5.5.D Awnings: Canopies are not allowed for Category E Cafes (Atlantic Avenue Sidewalk Cafes), but awnings as allowed through the Resort Area Facade Program are permitted, awnings extending beyond the dimension permitted in the Resort Area Facade Program (Y) may be permitted based on review by City staff and the Resort Advisory Commission (RAC) Planning Design Review Subcommittee (PDRC). Umbrellas are permitted. If umbrellas are used the name of the cafe may gppear on the valence of each umbrella. 5.5.E Cafe Furnishings: The furnishings of the interior of a resort open air cafe shall consist solely of moveable tables and chairs and decorative accessories. Tables and chairs shall be constructed of stainless steel, 11 fiberglass powder coated aluminum or other metal painted, treated or natural finish exterior grade wood high density polyethylene (HDPE) or an approved site furnishing, system. All cafe furnishings shall be reviewed by the city prior to approval for their use. In no event shall such objects penetrate the exterior perimeter boundary or the canopy. All movable objects required for operation of a resort cafe shall be removed from the cafe area and stored out of view during adverse weather conditions acclaimed by the City during the off-season, or when the cafe is not in operation for more than a five (5) dM period. These objects include tables, chairs, furnishings, and decorative fixtures. 5 5 F Planting: Planter boxes on cafe railings are allowed. Selection of planting will be reviewed by City staff. All such planters or plantings shall be on or within the cafe. Cafe operators will be responsible for landscape maintenance of all planters 5.5.G Access: Only one well-defined entrance opening is permitted to the cafe area,• the cafe area must be connected to the corresponding business Special consideration should be given to refurbishment of the restaurant fagade to allow access to the cafe from the interior of the restaurant at another location than the main restaurant entrance. French doors or similar door systems should be used to open the existing restaurant directly on to the outdoor cafe so as to not conflict with the main restaurant entrance area. In all possible cases, cafes should be accessed from the interior of the restaurant and not from the Atlantic Ave. sidewalk area Orientation of that opening will be reviewed by the City staff according to pedestrian safety and the aesthetic requirements of each location. Access will meet all ADA Standard Disability Access requirements. 5.5.H Size: Category E Cafes may not cover more than the front face of the operating business building. In addition the scale, proportion, and overall design of the cafe shall be reviewed by City staff to ensure the cafe is compatible with the adjacent building, the street block face, and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvements Program. 5.5.I Maintenance/Operation: The Category E Cafe operator will be responsible to maintain an attractive and clean cafe area at all times. 5.5.J Lighting: Only incandescent lighting, candles, and holiday lights are permitted on the interior of the Category E Cafe. Special considerations may be extended to cafes located directly under city provided street lighting_ 12 5.5.K Storage: Storage of any kind is not permitted on public property; including trash or refuse. 5.5.L Signs: One (1) menu board is permitted within the perimeter of the resort open air cafes. The menu board shall not be larger than five (5) square feet. If umbrellas are used the name of the cafe may appear on the valence of each umbrella. 5.5.M Bicycle Parking Area: Bicycle parking areas are not allowed to be installed on City property. Categolory E Cafes must use existing bike racks. 5.5.N Special Franchise Requirements: Every Category E Cafe franchise agreement shall contain the following special requirements, which shall control in the event of a conflict with any other provisions of the Resort Open Air Cafe Regulations: 1. Alcoholic beverages shall only be served with meals, and only in unbreakable drinkware; 2. The operator shall not permit persons other than patrons or employees of the establishment to enter the premises or to congregate therein, other than at tables provided by the establishment; 3. In the event a public safety official determines that the open air cafe should be closed earlier than the normal closing time for reasons of crowd control, unruly behavior either within the establishment or in nearby areas, or for other reasons related to preservation of public safety or public order, the operator shall close the open air cafe immediately or at such later time as directed by the public safety official, and the willful failure or refusal of any person to comply with such order shall be punishable as a misdemeanor, as provided by City ordinance; 4. The establishment must offer a full service menu (a copy of which shall be provided to the City Manager as part of the franchise application), and the open-air cafe may remain open only so long as all regular menu items served by the establishment are available to patrons, 5. All tables and chairs shall be removed from the premises upon the close of business each day and stored inside the establishment, and the operator shall not permit the franchised area to be used for storage of furniture or equipment or for any purpose other than as an open-air cafe; 13 6. The operator shall not allow persons awaiting entry into the establishment or open-air cafe to form lines on the sidewalk, but shall admit patrons only from the inside of the establishment; and 7. The operator shall strictly comply with all fire, building, zoning alcoholic beverage control, or health regulations in the operation of the open air cafe and the remainder of the establishment. 5.5.0 Revocation of Franchise: The franchise agreement shall provide that a Category E franchise may be revoked by the City Manager whenever the City Manager determines that one of the following conditions has occurred: 1. The owner or operator of the establishment has been found guilty of a criminal offense arising from the operation of the establishment; 2. The owner or operator of the establishment has been assessed a civil penalty for violation of any fire, building, zoning, alcoholic beverage control or health regulation arising from the operation of the establishment; 3. The presence of the open-air cafe is causing or contributing to a deterioration of the quality of the pedestrian experience or general environment in the area; 4. The open-air cafe is in violation of any material term of its franchise agreement or the Resort Open Air Cafe Regulations; or 5. The operator has failed to comply with an order of a public safety official of the City directing that the open-air cafe be closed, as provided by Section 5.5.N (3) of the Resort Open Air Cafe Regulations. The franchise agreement shall also provide that the City Manager may suspend the owner or operator's privilege to operate the open air cafe under the franchise pending a final disposition of any criminal charge, alcoholic beverage control violation, or civil infraction arising from the operation of the establishment. 5.5.P Effect of Revocation of Franchise: The franchise agreement shall provide that upon revocation or suspension of a franchise by the City Manager, the owner or operator shall immediately cease operation of the open air cafe and shall remove all tables, chairs and other items located on City property within twenty-four (24) hours of the revocation or suspension. As provided by City ordinance, the failure of the owner or operator to comply with the order of the City Manager revoking or 14 suspending a franchise shall punishable as a misdemeanor. The franchise agreement shall authorize the City Manager to remove or contract for the removal of any tables chairs barriers and other items encroaching upon City property and charge the costs thereof to the owner or operator, which costs may be collected as real estate taxes are collected. 5.5.R Facade Review and Improvements: Prior to the consideration of any application for a Category E franchise the applicant must submit a preliminaa concept of the proposed cafe including photographs of the existing facade of the associated restaurant building and adjacent building facades and architectural renderings demonstrating how the caf6 will be integrated with the associated restaurant building's facade. The facade must be structurally sound and in good repair, and the proposed caf6 and facade must be consistent with the Resort Area Fagade Program Design Guidelines. The Resort Advisory Commission Design Committee will review the proposed caf6 and the condition of the existing building facade, and either (1) approve the preliminary concept or (2) provide the applicant with recommended changes for the proposed cafe, the facade or both. Only after the preliminary concept is approved will an application for a Category E franchise be considered under section 6.1. SECTION 6. ADMINISTRATION AND ENFORCEMENT 6.1 Requirements for Application In order to create a Resort Open Air Caf6, the granting of a franchise agreement will be required. Applications (per Section 6.2) will be made to the Office of the City Manager or his designated representative, the DepaFtmeR4 ef Convention and Visitors Development/Resort Management Office and the Design & Planning Committee of the Resort Advisory Commission, and shall ensure continued compliance with applicable policies and guidelines in addition to those specifically stated herein. These requests will be reviewed by the Office of the City Manager or his designated representative, the Department of Convention and Visitor Development (Resort Management Office), with recommendation for approval/disapproval from the Resort Advisory Commission, and will be reviewed and acted upon by the City Council of the City of Virginia Beach. The regulations herein are intended to establish the necessary criteria with which the Resort Open Air Cafes shall first comply in order to be eligible for consideration for such a franchise agreement. Request for a variance to any of the following regulations may be reviewed by staff and the Resort Advisory Commission. Such consideration shall apply only to conditions relevant to the site and placement of the caf6, NOT construction material. 15 Approval of the City of Virginia Beach Health Department and (when applicable) the State of Virginia Alcoholic Beverage Control Board is required for operation of Resort Open Air Cafes. A fee of one -hundred dollars ($100.00) shall be paid to the City for the processing of an application for a franchise. The City Manager or his designated representative shall not accept any application unless such fee be paid at the time application is filed. Applications for cafe franchises to be received no later than March 1, proceeding summer season of anticipated construction and operation. No application shall be processed for the year in question that fails to meet the application deadline. The City Manager or his designated representative, is hereby authorized and directed to prepare and adopt a procedure for the processing of such applications and the reporting to City Council of any detrimental effect which requested franchise may have on the public health, safety, welfare, and interest. City Council may deny or grant a franchise subject to such terms and conditions as City Council may, in its discretion deem proper. Notwithstanding any other provision of law, City Council shall deny any franchise request it determines, in its discretion, to be detrimental to the public health, safety, and welfare or interest. 6.2 Documents and Review Required for Application Three (3) copies of a preliminary site development plan, including a current physical survey, no older than 90 days, from building to the curb line, finish schedule, a landscape plan, and elevation drawings showing canopies and their relationship to the support buildings. Engineering/Site Plan review will be necessary for cafes requiring construction of a concrete slab and/or temporary improvements in the public right-of-way. Fifteen (15) copies of the final site plan will be required and should be submitted to the Development Services Center, Room 180, at the Municipal Center Operations Building (Building #2). Photographs of the proposed cafe site and building facade. RAC - Design Committee review and recommendation for approval/denial. Plan Content: Plans shall be prepared using a minimum scale of 1" = 10'0" and shall show by name and dimension all existing property lines, easements, buildings, and other structures, vehicular use areas (including parking stalls, driveways, service areas, etc.), proposed and existing walkway systems, and 16 proposed Open Air Cafe. Physical survey by land surveyor showing clear path and all obstructions. Elevations: Elevation drawings shall be prepared using a minimum scale of 1" _ 10'0" and shall show all existing and proposed structures directly adjoining the proposed cafe structures. Two elevations are required: one front elevation and one side elevation and/or section drawing. Finish Schedule: Finish schedule shall include all finish materials proposed for the Open Air Cafe construction including a landscape plan. Blueprints/Copies: All drawings shall be in reproduced form, no originals shall be accepted. 6.3 Insurance and Fees Applicant will provide liability insurance coverage not less than one million dollars ($1,000,000) for personal injury and property damage as required. The franchise fee is to be determined on a gross square foot basis/per year, payable to the City of Virginia Beach no later than May of the year in effect. The fees are as follows: Category A: Boardwalk Cafe Category B: Connector Park Cafe Category C: Atlantic Avenue Sidewalk Cafe Category D: Atlantic Avenue Sidestreet Cafe Category E: Atlantic Avenue Sidewalk Cafe — 15th to 24th Streets 2001 2002 2003 2004 2005 Category A 3.25 4.00 5.00 6.00 7.00 3% ** Category B 3.25 4.00 4.75 5.50 6.00 3% ** Category C 3.25 4.00 4.50 5.00 5.00 3% ** Category D 3.25 4.00 4.00 4.00 4.00 3% ** Category E 5.00 3%** ** 3% increase each year thereafter Prior to commencement of operations the Grantee must execute a bond or letter of credit in favor of the City of Virginia Beach in the amount of ten thousand dollars ($10,000) as determined by the Public Works Department and the Resort 17 Management Office. 6.4 Enforcement The franchise period shall be for one (1) year for the first year of operation. Based upon compliance with these regulations and the Council's desire to continue to allow Open Air Cafes, an extension of the franchise may be authorized by the City Council for up to an additional five (5) year period. During the period in which the franchise is in effect, the Office of the City Manager or his designated representative is to enforce the provisions of the franchise agreement, and is authorized to suspend the agreement if there is a violation of the agreement. In the event the City determines that the Grantee has failed to properly comply with any of the terms or conditions of this Agreement, Grantee shall be given a minimum of twenty-four (24) hours and a maximum of ten (10) calendar days to remedy its non-conformance. The amount of time that Grantee shall be permitted to gain compliance shall be determined in the sole discretion of the City, by its authorized officer, agent, or employee. However, such time shall be reasonable and shall be based upon the level of severity of the noncompliance. If Grantee fails to effect compliance within the time allowed, the City shall have the right to suspend Grantee's operation, in whole or in part, until such time as Grantee shall remedy its non-compliance. No portion of the open air/boardwalk cafes shall open or project beyond the designated perimeters of the cafe area. SECTION 7. DEMOLITION If applicant is required to demolish or remove cafe or any portion thereof, the applicant must submit approval plans to the Department of Planning for review. W. 4t''011 r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $2,000,000 from the Debt Service Fund and $9,138 From the General Fund's Reserve For Contingencies -Regular to Capital Project #3-229, "Police Training Facility," and to the Police Department's FY 2004-05 Operating Budget to Fund Training Services and to Authorize the City Manager to Enter Into a Services Contract With Blackwater Lodge and Training Center, Inc. MEETING DATE: March 8, 2005 ■ Background: In November 2002, the Virginia Beach Police Department ("VBPD") voluntarily suspended firearms training at its Firearms Training Facility at Creeds due to complaints from neighboring residents. In February 2003, City Council approved initial funding of $600,000 to the VBPD in conjunction with Public Works, to conduct a site selection study to determine where the training needs for the VBPD could be met. This study identified four properties in Virginia Beach or surrounding areas and one alternative method that would meet the training needs of the VBPD. The alternative method was an agreement with a third party to provide a training facility or training services. In order to assess the feasibility of the alternative method, a RFP was issued, for which Blackwater Lodge and Training Center, Inc., ("Blackwater") was the only respondent. The proposal submitted by the Blackwater represented the best solution to meet the VBPD training needs and will provide a workable compromise. Additionally, the study recommended improvements be made to the existing vehicle driving track at the Creeds Air Field Site and the construction of a new administration building and other various site improvements to protect the long term training viability of the VBPD. The project will also provide a training location for the Sheriff's Department, the Fire Department, and Emergency Medical Services. In addition, acquisition of available properties is recommended to secure a noise buffer around the site. The VBPD has been "borrowing" range time from other local departments and renting ranges from Blackwater, but it has not been able to provide a sufficient level of firearms training for officers under this arrangement. At Council's direction, the City has negotiated a services contract with Blackwater to provide firearms training services; which includes "live" firearms range time, and classroom and office space. A total of $2,009,138 is needed and will be allocated as follows: $516,000 as a deposit to contract services at the Blackwater Lodge and Training Center; $1,360,000 will be used to acquire available land as a noise buffer and for design of an administration building, driving track, and firearms simulation and classroom training building at the Creeds Air Field site; $133,138 will be allocated as a partial annual contract payment to Blackwater for the period beginning April 2005 through June 2005. Funding in the Police Department's FY 2005-06 Operating Budget for the contract payment and maintenance will be $457,560 and FY 2006-07 it will include $471,287. ■ Considerations: The FY 2004-05 Operating Budget included $2,000,000 in the Debt Service Fund for the anticipated payments associated with this project. Funds must be transferred from the Debt Service Fund, with $9,138 from the Reserve for Contingencies — Regular, to Capital Project #3-229 "Police Training Facility" and the Police Department's FY 2004-05 Operating Budget. A total of $3,000,000, which will fund construction of an administrative building, driving track, and firearms simulation and classroom training building at the Creeds Air Field site, will be included in the FY 2005-06 Capital Improvement Project. ■ Public Information: A public comment period was held on March 1, 2005, and additional public information will be provided through the normal process of publicizing the Council Agenda. ■ Alternatives: The only viable alternative is to upgrade the Creeds facility. This option, however, would result in a firearms range that, by design, would be very restrictive and result in less effective training for our police officers. ■ Recommendations: It is recommended that all "live" firearms training be relocated to the Blackwater Lodge and Training Center in Moyock, NC and to develop the Creeds site into a driving track, firearms simulation and classroom training facility. Additionally, it is recommended that the City acquire available properties adjacent to the Creeds site that fall into a noise buffer zone, based upon federal (i.e., Department of Defense) standards. ■ Attachments: Ordinance; Summary of Terms Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: V I r 1 AN ORDINANCE TO TRANSFER $2,000,000 FROM THE 2 DEBT SERVICE FUND AND $9,138 FROM RESERVE FOR 3 CONTINGENCIES -REGULAR TO CAPITAL PROJECT #3- 4 229, "POLICE TRAINING FACILITY," AND TO THE 5 POLICE DEPARTMENT'S FY 2004-05 OPERATING 6 BUDGET TO FUND SERVICES AT THE BLACKWATER 7 LODGE AND TRAINING CENTER AND TO AUTHORIZE THE 8 CITY MANAGER TO ENTER INTO A SERVICES CONTRACT 9 WITH BLACKWATER LODGE AND TRAINING CENTER, 10 INC. 11 WHEREAS, the City Council approved a site selection study in 12 2003 to determine how firearm training needs for the Police 13 Department could be met; 14 WHEREAS, the study identified the possibility of an agreement 15 with a third party to provide training services, and an RFP was 16 issued to determine the feasibility of such an arrangement; 17 WHEREAS, Blackwater Lodge and Training Center, Inc., 18 ("Blackwater") submitted a response that has been determined by 19 City staff to provide the best solution for the Police Department's 20 firearm training needs; and 21 WHEREAS, under this proposal, a driving track, and a firearms 22 simulation and classroom training facility will be located at the 23 Creeds Air Field site, and live firearms training will be conducted 24 at Blackwater facilities located in Moyock, North Carolina under a 25 service contract with Blackwater. 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 1. That Capital Project #3-229, "Police Training Facility - 29 Site Selection and Design," is hereby renamed to Capital 30 Project #3-229, "Police Training Facility," with its scope 31 modified to provide for design and construction of a 32 driving track, firearms simulation and classroom training 33 facility and to allow site acquisition, as available, for 34 a noise buffer zone at the Creeds Air Field site. 35 2. That $2,000,000 is hereby transferred from the Debt 36 Service Fund, and $9,138 is hereby transferred from the 37 General Fund's Reserve for Contingencies - Regular, in the 38 amounts and for the purposes set forth below: 39 a) $1,360,000 to Capital Project #3-229, "Police Training 40 Facility," for the design and construction of a 41 driving track, firearms simulation and classroom 42 training facility and to allow site acquisition for a 43 noise buffer zone at the Creeds Air Field site; 44 b) $516,000 to the FY 2004-05 Operating Budget of the 45 Police Department to fund a deposit associated with 46 services at the Blackwater Lodge and Training Center; 47 and 48 c) $133,138 to the FY 2004-05 Operating Budget of the 49 Police Department to fund a portion of the annual 50 contract payment, for the period beginning March 2005 51 through June 2005, for services at the Blackwater 52 Lodge and Training Center. 53 3. That the City Manager is hereby authorized to enter into a 54 services contract for live firearms training with 55 Blackwater Lodge and Training Center, Inc., in Moyock, 56 North Carolina as described in the Summary of Terms 57 provided to the City Council. 58 Adopted by the Council of the City of Virginia Beach, 59 Virginia, on the day of , 2005. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 1 SUFFICIENCY: J 1 J W U Management Services City Attorney' ffice CA9515 P&A/GG/ordres/Blackwater Ordinance.DOC February 24, 2005 R-2 Agreement for Services Between the City and Blackwater Lodge and Training Center, Inc. SUMMARY OF TERMS City: City of Virginia Beach (the "City") Owner: Blackwater Lodge and Training Center, Inc. (`Blackwater") Location of Services: 850 Puddin Ridge Road, Moyock, North Carolina, 27958 Scope of Services: Provide firearms range time to VBPD at specific ranges in the facility 365 days per year. Provide building space at the Facility for the exclusive use of the VBPD for classrooms, offices equipment storage and gun cleaning within 180 days from the Commencement Date. Provide all related services including, but not limited to, facility security, all facility and building maintenance and repairs (structural & non-structural), range maintenance (including all environmental cleanup), utilities including, but not limited to, heat & air conditioning, electricity, water, sewage, and trash disposal and landscaping services. Term: Ten years. Contract may be renewed for an additional ten years. Cost: Initial Deposit of $516,000 payable upon the Commencement Date. The Initial Deposit shall be divided by 12, the quotient of which shall be $43,000. Said sum shall be subtracted from each quarterly payment of the Base Service Fee during the first 3 years of the Initial Term. The annual Base Service Fee (less the unamortized portion of the Initial Deposit) for years 1-3 of the Initial Term shall be $432,560. The annual Base Service Fees for years 4-10 shall be $604,560. Responsibilities of the City: Shall undertake and assure that all Virginia Beach personnel participating in training at he facility shall receive a Notice to Participant at all safety briefings conducted prior to training. The Notice warns all participants of the risks associated with firearms training. Shall pay for all premiums associated with the purchase of an insurance policy to cover claims made against Blackwater by Virginia Beach employees for injuries suffered at the facility. The cost of said insurance policy shall be passed through to the City without markup. The City will be a named insured on the policy. Responsibilities of Blackwater: • Shall indemnify the City for all tort and environmental liability. Other Terms: If the Contract is terminated due to Blackwater's default the City will be entitled to a refund of any unamortized portion of the Initial Deposit. If the Contract is terminated due to the City's default, any unamortized portion of the Initial Deposit shall be deemed non-refundable. The Contract shall be governed by Virginia law, but venue shall lie in the Superior or Circuit Court in Currituck or Camden County, North Carolina or the United States District Court of North Carolina, if federal jurisdiction exists. • All financial obligations of the City under this Contract are subject to appropriations. r�C0«.A B y l L � t i CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: Encroachment request into the City property, a 100-foot drainage easement, behind 904 Verano Court. MEETING DATE: March 8, 2005 ■ Background: Mr. and Mrs. Brooks requested permission to encroach into a portion of the City's right of way adjacent to 904 Verano Court, Virginia Beach, Virginia. The purpose of this encroachment is to allow construction and maintenance of a pier behind 904 Verano Court. ■ Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the agreement. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the agreement. ■ Attachments: Ordinance, Location Map, Agreement, Plat and Photos Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY LOCATED BEHIND 904 VERANO COURT BY JAMES R. BROOKS AND MARLYN V BROOKS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, James R. Brooks and Marlyn V. Brooks desire to construct and maintain a pier within the City's right-of-way located behind 904 Verano Court. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, James R. Brooks and Marlyn V. Brooks, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a pier in the City's right-of-way as shown on the map entitled: "Exhibit A, LOT-252 GPIN: 2414-92-7883 LAGOMAR ENCROACHMENT AGREEMENT PLAT," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and James R. Brooks and Marlyn V. Brooks (the "Agreement"), which is attached hereto and incorporated by reference; and 30 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 31 is hereby authorized to execute the Agreement; and 32 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 33 time as James R. Brooks and Marlyn V. Brooks and the City Manager or his authorized 34 designee execute the Agreement. 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 36 day of , 2005. 37 38 APPROVED AS TO CONTENTS 39 tfttS C Wso 40 GNATUIRE 41 F10 RE A! Fdak 42 DEPARTMENT 43 44 APPROVED AS TO LEGAL 45 SUFFICIENCY AND FORM 46 kv 4- oww_ 47 CITY A7tORNEY 48 �':'\tata\ATY\Q3ffir*%KXrW\Fw MAcA9467 Bodcs.cbc 49 CA- 94'G 7 50 PREPARED:1/12/05 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES 58.1-81 I(c)(3) .-- THIS AGREEMENT, made this i`'day ofr hao , 20 C.S, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and JAMES R. BROOKS AND MARLYN V. BROOKS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 252" as shown on that certain plat entitled "SUBDIVISION OF LAGOMAR, SECTION 6, PHASE 3, PART C, NOVEMBER 29, 1993 SHEET 1 OF 5 PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA" and being further designated and described as 904 Verano Court, Virginia Beach, Virginia 23456; and That, WHEREAS, it is proposed by the Grantee to construct and maintain a private pier, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City 100' drainage easement "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2414-92-7883 It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT AGREEMENT PLAT project: LOT-252 GPIN: 2414-92-7883 LAGOMAR ," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 2 It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any 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 City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 3 IN WITNESS WHEREOF, James R. Brooks and Marlyn V. Brooks, the said Grantee has caused this Agreement to be executed by their signature(s) and seal(s) duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk James R. Brooks Mar V . Brooks STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: 4 Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 20_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: C� OF CITY/ OUNTY OF The foregoing instrument was acknowledged before me this �1 �`' day of 201%�, by James R. Brooks. %N Public My Commission Expires: � OF /C,i ITY/COUNTY OF The foregoing instrument was acknowledged before me this day of 20 LS, by Marlyn V. Brooks. Not Public My Commission Expires: "- Z APPROVED AS TO CONTENTS SIGNATURE DEPARTMENT 5 APPROVED AS TO LEGAL SUFFICIENCY AND FORM MyMO \ F,�r�oq O 100' DRAINAGE MENT O / PUBLIC USE �., C3 U-j a 0 Q o �S LOCATION MAP � C?� ENCROACHME�TvING REQUESTED BY DAMES R. BROOKS AND MARLYN V. BROOKS FOR A PIER � r 904 VERANO COURT �r GPIN 2414-92-7883 SCALE: 7" = 200' YKt VAKtu by NM' ENC. CADD DEPT, NOVEMBER 3,200, H pF WILLIAM R. PRITCHARD NO. 002266 f ��266 183.29 0E 40t00 Z LOT-252 24.OS' J O SC -IN O h RORCH 22.70 2J.35' /N.IC 39.95' 1904 Q LOT-253 a?�fWA JJ.45' h O J2B0' �j O1 • o ° O VA POWER POLE RIGHT SEE INSET LOT-251 go ��36.� 00, p,5o. 387.53' TO P. OOF—' R� O l/ERANO CIRCLE rq 0 F? W) (50VgFI,A 100' DRAINAGE EASEMENT DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA, FOR DRAINAGE PURPOSES AND PUBLIC USE. (MB. 77, P.14) . 50.00' INSET.- I "=20' PROPOSED PIER LOT-252 ;E OF WAT! CONTOUR ELEVATIONS date: 02/10/05 tech: PR file: 204-1154 .dwg pro• man EAG Prod. no. 204-1154 project: LOT-252 019i'r 'An GPIN= 2414-92-7883 LAGOMAR WPI (M.B.242,PGS.57-61) Civil Engineers scale: drawing title: Land Surveyors Land Planners 1• Landscape Architects 757.431.104, 40' 1 ENCROACHMENT AGREEMENT PLAT ''' 7 W. Canal fr�oJ7, �rc��Jos� �:_ L�rScrc9a?co7P!?�r'!�• VON 9c�C� t t.D�i 5/!b►V� Oil INNOMML I Rk �1 ��N{A�BEA Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A RESOLUTION EXPRESSING THE CITY COUNCIL'S INTENTION TO ESTABLISH THE PUBLIC'S INTEREST IN CAPE HENRY BEACH AND AUTHORIZING THE ACCEPTANCE OF OFFERS TO DEDICATE PUBLIC BEACH EASEMENTS FROM BEACHFRONT PROPERTY OWNERS MEETING DATE: March 8, 2005 ■ Background: A lack of documented public real estate interest in portions of the beach along Cape Henry Beach has restricted the City's stewardship of the beach and prevented the implementation of a comprehensive plan to address beach erosion. A source of beach replenishment sand is available as a by-product of periodic maintenance dredging of Lynnhaven Inlet by the Corps of Engineers. A group of property owners has expressed an interest in dedicating Public Beach Easements to establish a documented public interest in the beach adjacent to their properties. However, there are additional properties where dedications will be necessary to establish a uniform public interest along the entire beach. The 2001 Beach Management Plan placed a high priority on resolution of ownership issues in this beach, and recommended a program of beach replenishment utilizing Lynnhaven Inlet sand. ■ Considerations: Acceptance of public beach easements will likely create expectations for enhanced stewardship, including beach replenishment. A relatively low cost program can be developed to address beach replenishment using sand dredged from Lynnhaven Inlet. ■ Public Information: The Beaches and Waterways Advisory Commission conducted numerous public meetings in which this topic was discussed; their Beach Management Plan was formally presented to City Council, and the Council adopted the plan by resolution. ■ Alternatives: Resolving the public's real estate interest in Cape Henry Beach is a policy objective; alternative means for accomplishing this objective could involve eminent domain or other legal processes, but are not considered desirable. ■ Recommendations: Adopt resolution. ■ Attachments: Resolution; November Memorandum from Dean Block. Recommended Action: Adopt Resolution Submitting Department/A ency: Public Work4eo City Manage . 1Z 1 A RESOLUTION EXPRESSING THE 2 CITY COUNCIL'S INTENTION TO 3 ESTABLISH THE PUBLIC'S INTEREST 4 IN CAPE HENRY BEACH AND 5 AUTHORIZING THE ACCEPTANCE OF 6 OFFERS TO DEDICATE PUBLIC BEACH 7 EASEMENTS FROM BEACHFRONT 8 PROPERTY OWNERS 9 10 WHEREAS, the beach along Cape Henry, from First Landing State Park to the 11 Lynnhaven Inlet, is a valuable public resource, providing protection from storms and numerous 12 recreational opportunities; and 13 WHEREAS, portions of Cape Henry Beach are eroding and are in need of 14 restoration and replenishment; and 15 WHEREAS, portions of Cape Henry Beach have previously been established as 16 being available for public enjoyment, while others are subject to claims of private ownership; 17 and 18 WHEREAS, the City Council has adopted the Beach Management Plan (Plan) 19 which was prepared by the Beaches and Waterways Advisory Commission; and 20 WHEREAS, the Plan places the highest priority on the establishment of the public 21 interest in all of the sandy beaches in the City; and 22 WHEREAS, the Plan also recommends that sand from the Lynnhaven Inlet 23 maintenance dredging project be used to restore and replenish Cape Henry Beach, and that such 24 sand from the inlet be distributed between Ocean Park Beach and Cape Henry Beach; and 25 WHEREAS, certain property owners along Cape Henry Beach have offered to 26 dedicate public beach easements to the City so as to clarify the public's interest in the beach 27 fronting their properties; and 28 WHEREAS, the City Council is of the opinion that sand from Lynnhaven Inlet 29 should be used to restore and replenish Cape Henry Beach in addition to Ocean Park Beach; and 30 WHEREAS, the Council is further of the opinion that the public's interest in and 31 right to enjoy the recreational opportunities provided by Cape Henry Beach, should be clearly 32 established. 33 THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 1. That the City Council declares that it desires to establish the public interest 36 in Cape Henry Beach from First Landing State Park to the Lynnhaven Inlet. 37 2. That the City Manager is authorized to accept, on behalf of the city, public 38 beach easements from those beachfront owners who have previously stated a desire to dedicate 39 such easements on Cape Henry Beach. Easement dedications shall be approved as to legal form 40 by the City Attorney prior to acceptance by the City Manager. 41 3. That the City Manager is directed to contact other waterfront property 42 owners on Cape Henry Beach for the purpose of requesting voluntary dedication of public beach 43 easements, and to accept such dedications on behalf of the City, subject to approval as to legal 44 form by the City Attorney. 45 M 2 47 4. That the City Manager is directed to request the Army Corps of Engineers 48 to accept the publicly owned portions of Cape Henry Beach as a dredged material placement area 49 for the Lynnhaven Inlet maintenance dredging project, and to implement a program to share the 50 dredged sand between Ocean Park Beach and Cape Henry Beach. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 53 day of , 2005. CA9484 ord/res/cape henry beach R-2 March 1, 2005 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Ci orney's Office 3 iBEAw'A r City of Virgi ni_a B each y 1��� F OUR NPZ\0 DEPARTMENT OF PUBLIC WORKS 757-427-4167 FAX (757426-5783 TDD (757) 427-4305 DATE: November 23, 2004 TO: James K. Spore, City Manager FROM: E. D. Block, Director of Publi"Qokl� SUBJECT: Cape Henry Beach VBgovcom MUNICIPAL CENTER BUILDING 2 ROOM 340 2405 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9031 As an on -going issue and follow-up to City Council's June 2001 adoption of the Beach Management Plan, we have explored methods of resolving the beach ownership issue and addressing erosion along Cape Henry Beach — from Lynnhaven Inlet east to our boundary with First Landing State Park. The Beach Management Plan places a priority on resolving beach ownership in this area, and recommended the use of a portion of the sand dredged from Lynnhaven Inlet for replenishment and maintenance of the beach. We believe these objectives can be achieved, to a degree, and are prepared to recommend an implementation plan. However, as with any new program or expansion there are several specific considerations and broad policy issues that need to be addressed. Fortunately, the Beach Management Plan focused on the issues relevant to this topic and provides a policy frame work for making this recommendation. This memorandum is to outline those considerations and a potential implementation plan. The principle policy issue is the question of public domain over our shorelines. After many public meetings, deliberation and formal adoption, the Beach Management Plan places the highest priority on resolving claims of private ownership of our beaches. While we are sensitive to the rights of those property owners with interest in the beach, real or perceived, our policy is to create a documented public interest in all of our beaches for their recreational, economic and storm protection benefits to the community. The sandy beach along Cape Henry consists of a variety of real estate interests. While ,+c,„ d h _ "Lilleentire sail beach was once claimed as private, se- l -bli^ C�^ r% f VCra) �uvlly re VlGallon easements and rights of way have been dedicated, creating a checker -board pattern of public rights. An attached map of Cape Henry Beach indicates the current status of James K. Spore, City Manager Cape Henry Beach November 23, 2004 Page 2 public interest along this beach. A group of properties in the central portion of the beach (shown on the map) have stated a willingness to dedicate public beach easements over their platted land, seaward of their improvements. Erosion is not generally severe along Cape Henry Beach, however these 'willing to dedicate' properties are located in an area where erosion has created the need for beach restoration and replenishment. While our policy is to obtain a documented public interest in the beach, the decision to accept the offered easements must be made with the understanding that there will be an expectation for the City to address erosion and maintain the beach. Fortunately, in this case a source of sand is available, subject to policy review and modification. The federal navigation project for Lynnhaven Inlet has produced hundreds of thousands of cubic yards of beach quality sand over its history. The City's role in the inlet maintenance project, as a local sponsor in a formal agreement with the Corps of Engineers, is to provide adequate disposal areas for the material dredged from the channel and to pay the costs associated with the disposal area preparation and restoration. Aside from the significant benefit of inlet maintenance by the federal government, the City is granted ownership of the sand removed from the inlet, and nearly all of the sand dredged from the inlet has been used in our beach restoration and maintenance programs. The current arrangement for managing the sand dredged from Lynnhaven Inlet is to place the entire volume on Ocean Park Beach. The 'disposal area', or beach replenishment area, is the 6,400-foot long portion of the bay shoreline on the west side of the inlet, extending from the inlet to the west side of Aires on the Bay — an area clearly documented as public beach. The program for managing and making use of the dredged sand from Lynnhaven Inlet evolved over a number of years, and it is important to note that the current arrangement has only been in place since 2001. We anticipate the need to modify the program again as the placement of the entire volume of sand dredged from the inlet on Ocean Park Beach does not appear to be sustainable. By way of brief program history, sand removed from the inlet during the initial years of the project (1960's) was placed both on Ocean Park Beach and, by use agreement, on private property fronting Pleasure House Creek. Starting in the 1970's, the majority of the sand was placed in the then newly acquired "Lynnhaven Inlet Sand Stockpile", the site of the new boat ramp and beach use facility. The material placed in the "stockpile", by Council policy, was truck -hauled to the Resort Beach as source material for the annual beach replenishment project at the oceanfront. A small portion of the sand was periodically placed on Ocean Park Beach to check erosion during this period. After nearly two decades of a his practice, during the late ! 908 0 s, erosion became significant along Ocean Park Beach — the beach was contributing more sand to the inlet by erosion than was being returned in beach replenishment. James K. Spore, City Manager Cape Henry Beach November 23, 2004 Page 3 While the practice of using Lynnhaven Inlet sand as a source for the Resort Beach replenishment program continued until the construction of "Big Beach" in 2001, the distribution of sand between Ocean Park Beach and the stockpile was adjusted in the early 1990's to better match the natural erosion in an attempt to stabilize Ocean Park Beach. The effort was a success; erosion at Ocean Park Beach has essentially been kept in check. The Resort Beach replenishment program was completely revised in 2001. Sand for the Resort Beach now is mined from offshore, eliminating the need to use sand from the Lynnhaven Inlet system. The 2001 Lynnhaven Inlet dredging project placed all sand removed from the inlet on Ocean Park Beach. Another cycle of dredging is anticipated for this winter, February -March 2005. Again, the entire volume of sand removed from the inlet will be placed on Ocean Park Beach — at this point in time it is our only viable option. In round numbers, representing long-term averages, the inlet shoals at a rate of about 45,000 cubic yards per year. The primary source of the shoaling sand is the adjacent beaches. The material is dredged once every three to four years, generating a volume of 150,000 to 200,000 cubic yards per cycle of dredging. Ocean Park Beach has been surveyed and studied with respect to erosion for over 20 years, and documented to erode at a rate of about 30,000 cubic yards per year, primarily into the inlet. While volumes in excess of the erosion rate can be placed of Ocean Park Beach for some period of time, reversing the natural damage done over the years and restoring the beach to a wider and higher dimension, at some point we will realistically face a circumstance of having too much sand on Ocean Park. The primary concern would be impacts to the inlet — new shoaling patterns would form, the inlet could try to migrate easterly, and dredging may be required more frequently to maintain the channel at its current location. With the inlet shoaling at about 45,000 cubic yards per year, and Ocean Park Beach eroding at 30,000 cubic yards per year, it seems apparent that the beaches to the east, Cape Henry Beach, erode and contribute to shoaling at the rate of approximately 15,000 cubic yards per year. Fewer erosion studies have been performed on Cape Henry Beach, due to its relatively low net erosion rate. However, the studies that have been performed do indicate a relatively small net loss of sand, and the deduced erosion rate of 15,000 cubic yards per year appears to be reasonable. It is for these reasons that the Beaches and Waterways Advisory Commission recommended a program of distributing the sand between the two beaches. The -principle .Jt �• 4.' a � V � , �� incijiiv`� impediment I�IeUlment to accomplishing 'this goal, however, has been the claim nT private ownership of portions of Cape Henry Beach. While public interest in the beach is not uniform and complete throughout this section of shoreline, we feel that the existing James K. Spore, City Manager Cape Henry Beach November 23, 2004 Page 4 public beach areas combined with the easements currently being offered are large enough public beach segments to implement the sand distribution plan. It would, of course, be more desirable and consistent with our policy to establish public interest along the entirely of Cape Henry Beach. The program should be structured toward achieving this objective by enabling staff to seek additional voluntary easement dedications to fill the gaps in public beach interest. The distribution of inlet sand could be accomplished a number of ways, by alternating the use of either beach as the inlet disposal area, or using both during the same dredging cycle. The least costly solution would be to alternate uses, avoiding the set-up costs for both beaches during the same contract. The condition of the beaches antecedent to the dredging cycle should be the chief consideration in the planning. Funding is another major policy issue. If this were a beach replenishment project proposal, and if the costs were significant, the example that City Council set with a Special Service District in Sandbridge may be applicable. However, this proposal is inlet maintenance: sand must be removed from the inlet, we have a need for a sustainable program to 'dispose' of the dredged sand. The incremental costs for placing the sand on Cape Henry Beach, as opposed to the current plan of placing it on Ocean Park Beach are essentially zero — the costs are basically the same to put the sand on either the eastern or western adjacent beach. The fact that we cannot indefinitely place the material on the western beach justifies any marginal cost increase. Nevertheless, we do not expect that this proposal would significantly affect our typical inlet project cost -share, and for that reason we do not see funding as an issue. Based on these considerations, it does appear that the proposal merits consideration. I recommend that City Council be asked to consider adopting a resolution authorizing the acceptance of the offered easements and the implementation of a program for distributing dredged sand from Lynnhaven Inlet between Cape Henry and Ocean Park Beaches. Further, to address a primary policy consideration, I recommend that the proposed resolution authorizes staff to approach the bay front property owners who have not dedicated a public beach easement and seek voluntary dedications. I would be pleased to discuss this at your convenience or provide any further information you may need. With your concurrence, our staff will work with the City Attorney's Office to develop the resolution for Council's consideration. EDB/PJR Attachment cc: Charlie Meyer, Chief Operating Officer Leslie L. Lilley, City Attorney � � \ \ cc( /w\� . { ,\))%/\ \:: § F12 a :~ :K6 §« ` % /2 21 )§®/ y/:/: 7&!�!� : mmummoomw �_. qi t, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ronald Lee and Penny Michele Cason — Subdivision Variance MEETING DATE: March 8, 2005 ■ Background: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Ronald Lee Cason and Penny Michele Cason. Property is located at 6476 Knotts Island Road (GPIN 23379182570000). DISTRICT 7 — PRINCESS ANNE IN Considerations: The proposed plan was being reviewed by Development Services Center (DSC) as a Single Family Site Plan. The DSC advised the applicants that documentation was required to establish the parcel as a legal subdivision. The subject parcel was created by a two lot subdivision plat prepared by the Princess Anne County Surveyor on July 31, 1953. The plat was part of a Deed of Bargain and Sale recorded on December 29, 1953, in Deed Book 347, Page 394. The Princess Anne County Subdivision Ordinance was adopted September 28, 1953, three months prior to the recording of the deed. Thus, the lot is not considered legally recorded (since it was established by deed rather than by the ordinance). Thus, a subdivision variance is necessary. Located in the AG-1 Agricultural District, the existing lot is 0.59 acres and does not have frontage on a public right-of-way. The parcel has access via a private ingress -egress easement (driveway). Staff's evaluation of this request reveals the proposal, through the submitted materials, does provide evidence of a hardship justifying the granting of a variance to the requirements of the Subdivision Ordinance. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. Additionally, the Princess Anne County Zoning Ordinance indicated two types of lots in the Agricultural zoned areas. A-U Agricultural Unrestricted possessed no minimum lot size or width and A-R Agricultural Restricted possessed a minimum area of 10,000 square feet and a minimum width of 100 feet. During that time, lots the size of the applicants were not considered unusual and a few neighboring homes in the area are situated on lots close in size and configuration to the applicants. Ronald Lee and Penny Michele Cason Page 2 of 2 The Planning Commission placed this item on the consent agenda because they viewed it as a "housekeeping" issue of creating a legal lot, there was no opposition, and staff recommended approval. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following condition: The property shall be substantially configured as shown on the plat entitled; "Site Plan Parcel Designated C.T. Dozier 0.59 Acres Plat of C.T. Dozier," dated June 21, 2004 by Bonifant Land Surveys. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department YS City Manager: The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. Location and General Information REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance LOCATION: Property located at 6476 Knotts Island Road. GPIN: MMa.t to2e Ronald Lee and Penny Michele Cason II AG-2 0� iN oa Back Bay AG-1 El 'AG a p 16C 1155 q \`1 016 AG-2 o a AG-2 aPo \� Y' ort6 Carorirw Scare Lme Satxlicitiart Variance 23379182570000 RONALD LEE AND PENNY MI COUNCIL ELECTION DISTRICT: 7 — PRINCESS ANNE SITE SIZE: The subject site is 0.59 acres. EXISTING LAND USE: Rural residential SURROUNDING North: . Rural residential / Agricultural District AG-1 LAND USE AND South: . Rural residential / Agricultural District AG-1 ZONING: East: . Back Bay/ no zoning - water West: . Rural residential / Agricultural Districts AG-1 and AG-2 NATURAL The subject site is within Special Flood Hazard Area, Flood Zone AE. RESOURCE The property also falls within the Southern Watershed. City AND development ordinances provide for construction of a single-family CULTURAL home within this floodplain in certain situations. There are no other FEATURES: significant natural resources or cultural features associated with this site. AICUZ: The site is in an AICUZ of less than 65 dB Ldn surrounding NAS Oceana and NALF Fentress The proposed plan was under Single Family Site Plan Review by Development Services Center when the applicants were advised that documentation was required to establish the parcel as a legal subdivision. The subject parcel was created by a two lot subdivision plat prepared by the Princess Anne County Surveyor on July 31, 1953. The Plat was part of a Deed of Bargain and Sale recorded on December 29, 1953, in Deed Book 347, Page 394. The Princess Anne County Subdivision Ordinance was adopted September 28, 1953, three months prior to the recording of the deed. Thus, the lot is not considered legally recorded and a subdivision variance is necessary. RONALD LEE AND PENNY MI ,HELE= CA$ON a,nda Item :11' Page 2 Existing Lot: Located in the AG-1 Agricultural District, the existing lot is 0.59 acres and does not have frontage on a public right of way. The parcel has access via a private ingress -egress easement (driveway). Item Required .LO Lot Width in feet 150 feet* 124.6 feet* Lot Area in square feet 43,560 SF 25,723 SF* *Variance required The applicants received approval from the Health Department for a septic drain field on an adjoining parcel. The applicants are also requesting a variance for front yard setback from the Board of Zoning Appeals. Comprehensive Plan The Comprehensive Plan recognizes this property to be a part of the Rural Area. MMM Staff Evaluation � Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property RONALD LEE AND PENNY MI immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. Staff's evaluation of this request reveals the proposal, through the submitted materials, does provide evidence of a hardship justifying the granting of a variance to the requirements of the Subdivision Ordinance. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. Additionally, the Princess Anne County Zoning Ordinance indicated two types of lots in the Agricultural zoned areas. A-U Agricultural Unrestricted possessed no minimum lot size or width and A-R Agricultural Restricted possessed a minimum area of 10,000 square feet and a minimum width of 100 feet. During that time, lots the size of the applicants were not considered unusual and a few neighboring homes in the area are situated on lots close in size and configuration to the applicants. Staff, therefore, recommends approval of this request subject to the condition below. Condition 1. The property shall be substantially as shown on the plat entitled; "Site Plan Parcel Designated C.T. Dozier 0.59 Acres Plat of C.T. Dozier," dated June 21, 2004 by Bonifant Land Surveys. NOTE: Further conditions may be required during the administration of applicable City Ordinances. RONALD LEE AND PENNY MI i Zoning History 24 Ronald Lee and Penny Michele Cason MapMap Not to Scale .. 02 018 a © AG-2 o� ae N 'Back ack :Bay VrI oZD c AG -I 0A El °A G 2 0 05 Q 0 Ma 1119 I&D 2 IGA Q) I6C 3 016 ea 1 oi6 o AG-2 � a 008 -AG-2 008 1 Vi ri 'niatNorth Carolina State Line Subdivision Variance # I DATE REQUEST ACTION 1 11/09/81 Conditional Use Permit Granted 2 03/28/83 Subdivision Variance Granted 3 07/14/86 Street closure Granted RONALD LEE AND PENNY MI Public Agency Comments Public Works Master Transportation Knotts Island Road is a two lane rural road. There are currently no Plan MTP : planned facility improvements for this area at the current time. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Knotts Island No No —10 ADT Road information information provided provided Proposed Land Use 3 - unchanged Average Daily Trips z as defined by single family residential 3 as defined by single family residential Environmental Health Environmental A certification letter was issued in September of 2003 for an offsite Health: drain field for a 3 bedroom house using a system design of 450 gallons per day. A permit to construct still must be issued. Public Schools School I No comment Public Safety Police: I No comment Fire and The road within the 15 feet Right of Way should support a heavy fire Rescue: apparatus of 75,000 pounds and provide adequate turn around at the terminus. Both items are necessary to provide fire protection. Agriculture Agriculture: Location of septic easement located on adjacent farmland will impair the cultivation of the field. �o to in Exhibit B Proposed Site Plan 3iN1 mm 6C z . 0 $W P'" 'm R''W7 ( }f}f MN o 04 Awr trade �: i g j #ANdskl rP } i tsp 3w,? &?M4 ad & F Pe OR* §B XW istil[s.. i S} £ i � y': � Ise is *'�+.•w�., � y 'a,,S! - ..,.�„=w,.—.« .•gym-_ffi`' � M �a..�3 " � "`.rr' , e'�d . ,. jana.r. ash a# fiatt+lt �Eti`+..r•Rtr3 RONALD LEE AND PENNY MICHELE CASON Agenda Item ,.,11 Ra�'e IMVMMMI� Exhibit C - 1 Disclosure Statement DISCLOSURE S APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Ronald Lee Cason and Penny Michele Cason 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list itnecessary) X 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) 2. List all businesses that have a parent -subsidiary' or affiliated business entw relationship with the applicant: (Attach list if necessary) 0 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Exhibit C - 2 Disclosure Statement OSURE 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) Sykes,_ urdoa, Aheru a Levy,P __... Phil M. Bonifant, Land Surveyor ' "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 (1) 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 Pei sonnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained :herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. d �. C5o1 Applicant's Signature Print Nam Property Owner's Signature (if different than applicant) Print Name Subdivision Variance Application Page 11 of 11 Revised 911€?a>Fi4 RONALD LEE AND PENNY M �HELE CA ON soda Item 11 Page 10 Item #11 Ronald Lee Cason & Penny Michele Cason Appeal to Decisions of Administrative Officers in regard To certain elements of the Subdivision Ordinance Subdivision of Ronald Lee Cason & Penny Michele Cason 6476 Knotts Island Road District 7 Princess Anne February 9, 2005 CONSENT William Din: Our next item is Item #11. This is Ronald Lee Cason and Penny Michele Cason. This is an appeal to the Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision of Ronald Lee Cason and Penny Michele Cason. The property is located at 6476 Knotts Island Road in the Princess Anne District and there is one condition. Eddie Bourdon: Thank you Mr. Vice Chair. For the record, Eddie Bourdon, a Virginia Beach attorney representing Mr. & Mrs. Cason, who are here this afternoon, and are in complete accord with the one condition. Again, we appreciate it very much being on the consent agenda. Thank you. William Din: Thank you. Is there any objection to placing this on consent? If not, Mr. Knight will talk about this issue. Barry Knight: This is at the north end of Knotts Island. Believe it or not there is some land that is in the City of Virginia Beach in the north end. This lot was created in 1953. I wasn't around at that time. Anyway, it is about three months to late. It is basically a housekeeping issue. Mr. & Mrs. Cason have lived in Knotts Island all of their life. I see their neighbors. I know Mr. Buster Brumley and he is sitting in here today. So, it just fits with the neighborhood. It is more of a housekeeping issue so we put it on the consent agenda. William Din: Thank you Mr. Knight. The consent agenda item that I have for approval is Item #11, Ronald Lee Cason and Penny Michele Cason, an Appeal of Certain Elements of the Subdivision Ordinance on property located at 6476 Knotts Island Road in the Princess Anne District and it has one condition. So I move to approve this consent agenda item. Dorothy Wood: Thank you. Do I have a second? Eugene Crabtree: Second. AYE 11 NAY 0 ABS 0 ABSENT 0 Item #11 Ronald Lee Cason & Penny Michele Cason Page 2 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0 the Board has approved the consent agenda item. i �, ti •.i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Sentara Healthcare — Change of Zoning District Classification and Conditional Use Permit (hospital, athletic club, eating and drinking establishments, sale of convenience goods and personal services other than those permitted as principal uses and hair care centers, including barber shops and beauty salons) MEETING DATE: March 8, 2005 ■ Background: a) An Ordinance upon Application of Sentara Healthcare for a Change of Zoning District Classification from Conditional 0-2 Office District to Conditional B-2 Community Business District on property located at the southeast intersection of Concert Drive and Princess Anne Road (GPIN 14856140280000 — part of). The Comprehensive Plan designates this site as being part of Strategic Growth Area 12 — North Princess Anne Commons Area, suitable academic institutions, medical center, recreation opportunities, and entertainment venues consistent with the policies of the Comprehensive Plan. DISTRICT 7 — PRINCESS ANNE b) An Ordinance upon Application of Sentara Healthcare for a Conditional Use Permit for a hospital, athletic club, eating and drinking establishments, sale of convenience goods and personal services other than those permitted as principal uses and hair care centers, including barber shops and beauty salons on property located on the south side of Princess Anne Road, 422.87 feet east of Concert Drive and on the east side of Concert Drive, 355.06 feet south of Princess Anne Road (GPIN 14856140280000 — part of). DISTRICT 7 — PRINCESS ANNE ■ Considerations: There are two distinct requests with this proposal. The first request is a restatement of a Conditional Use Permit approved by the City Council in 2002. The 2002 Use Permit allowed development of this site for a medical campus (hospital), athletic club and related uses such as offices and shops normally associated with medical facilities. Since 2002, the applicant's overall concept for the medical campus has become much more defined, necessitating revisions to the site plan. Thus, a revised site plan is proposed that maintains the spirit of the original concept but provides a 'village style' layout rather than the `college campus style' layout of the 2002 plan. The changes are described in the attached staff report. Sentara Healthcare Page 2 of 4 The second request is related to an intent to encourage visitors and employees to stay on -site to obtain goods and services. The applciant is requesting a Conditional Change of Zoning for 4.3 acres of the northern corner of the site (at the intersection of Princess Anne Road and Concert Drive). The change of zoning, from the Conditional 0-2 Office approved in 2002 to a Conditional B-2 Business, will allow this portion of the complex to be developed with two self - standing 9,000 square foot restaurants. The restaurants are intended to better serve the patient population, visitors, and employees of the Princess Anne Commons Health Campus. The revisions to the plan for the Princess Anne Commons Health Campus provide a desired improvement over the 2002 plan and are more consistent with the recommendations of the Comprehensive Plan. The appearance of the buildings will maintain the quality level provided for in 2002, and Proffer 7 requires the overall architectural, site, and landscape design of the site be governed by the Design Guidelines for Princess Anne Commons. The Guidelines will act as the "development criteria" for this development. Architectural, site, and landscape plans for each component of the development will be submitted to the Director of Planning to ensure consistency of the design with the Design Guidelines. The Planning Commission placed these items on the consent agenda because the revisions to the 2002 plan are viewed as an improvement, there was no opposition, and staff recommended approval. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention to approve the requests as proffered and with the following conditions: The site shall be developed for a hospital in the 0-2 zoning district, athletic club in the 0-2 zoning district, eating and drinking establishment in the 0- 2 zoning district, establishments for the sale of convenience goods and personal services establishments other than those permitted as principal uses in the 0-2 zoning district, and hair care centers, including barber shops and beauty salons in the 0-2 zoning district and shall be developed in phases which may occur over a period of several years, substantially in compliance with the site plan entitled "Campus Master Plan — Princess Anne Commons Health Campus" prepared by HDR, Inc. (the "Site Plan"). A campus environment containing a central landscaped common area with adjacent buildings and required parking substantially as depicted on the Site Plan shall be provided as a prominent feature of the development. The building locations, sizes, and configurations may change, provided that the overall campus environment and central landscaped common area remain. A copy of the Site Plan has been exhibited to the City Council and is on file with the Virginia Beach Planning Department. Sentara Healthcare Page 3 of 4 2. The overall architectural, site, and landscape design of the site shall be subject to the Design Guidelines for Princess Anne Commons, in effect as of the date of the approval of this Conditional Use Permit by the City Council, which Guidelines are on file with the Planning Department of the City of Virginia Beach. The Guidelines shall act as the "development criteria" for this development. Architectural, site, and landscape plans for each component of the development shall be submitted to the Director of Planning or his designee to ensure consistency of the design with the Design Guidelines. 3. The Property shall contain an at -grade pedestrian walkway system connecting Princess Anne Road, Concert Drive and Princess Anne Park to the campus, in addition to other pedestrian routes within the campus. Such pedestrian walkway features shall be developed in phases as each building is constructed. 4. Mechanical equipment located adjacent to any structures on the site shall be screened with appropriate fencing and/or landscaping, and any mechanical equipment located on the top of any structures on the Property shall be enclosed on four sides of screened with appropriately sized parapet walls. 5. All exterior dumpster areas on the site shall be screened utilizing building materials such as brick, pre -cast, or other materials that are compatible with the building materials utilized on the primary structures on the site. 6. The site shall be developed with a common landscape plan, which may be introduced in phases as portions of the site are developed, providing for continuity throughout the site with respect to compatible tree planting, shrubs, and other landscape features. 7. A lighting and/or a photometric diagram plan for review by City staff shall be submitted with any submitted site plan. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole mounted and building mounted lighting fixtures. The plan shall also list the lamp type, wattage and type of fixture. Lighting shall be uniform throughout the parking area, and shall minimize reflection or glare toward properties and streets outside the complex. 8. In addition to the conditional uses designated Condition 1, the following accessory uses may be developed in conjunction with the hospital facility and overall healthcare campus. These accessory uses shall include, but not be limited to: allied health facilities, medical laboratories, helipads/helistops, cafeteria facilities, nursing and other health -related vocational/educational facilities and pharmacy facilities, sale of medical/home health care equipment, sale of diabetes supplies, ophthalmologist/optometrist offices and eyewear sales, sale of nutrition and health supplements, sale of physician fitness equipment, wig shop, dry cleaners, bookstore/newsstand, coffee shop, postal/shipping store, Sentara Healthcare Page 4 of 4 copy center, gift/card shop, baby/infant shop, and bank branch (without a drive-thru). 9. The restricted access of the site to Princess Anne Road shall be limited to emergency vehicles only and shall have a gated entrance to prevent any access by vehicles other than emergency vehicles. 10. In addition to any rights afforded by Section 15.2-2307 of the Code of Virginia, 1950, as amended and consistent with Section 221(g) of the City Zoning Ordinance of the City of Virginia Beach authorizing the City Council to specifically provide activation time periods and procedures uniquely applicable to a Conditional Use Permit in lieu of those otherwise provided in Section 221(g); and given the unique circumstances surrounding the delayed possession of the property upon which this development is proposed, the phasing of its development and the inter- relation of the combined uses shown on the Site Plan, the following shall apply to this Conditional Use Permit: The commencement of the development of any portion of the Conditional Use Permit site for any of the uses set forth in this Conditional Use Permit application and/or contemplated by the Site Plan shall have the effect of fully activating this Conditional Use Permit for all uses permitted hereunder and shall satisfy the requirement of Section 221(g) of the City Zoning Ordinance of the City of Virginia Beach. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Departmenq04'k-. City Manager. (L'7�wl SENTARA HEALTHCARE Agenda Items # 13 & 14 February 9, 2005 Public Hearing Staff Planner: Stephen J. 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 InfOrrna ion REQUEST: 13) Change of Zoning District Classification from Conditional 0-2 Office District to Conditional B-2 Community Business District. LOCATION: 14) Conditional Use Permit for a hospital, athletic club, eating and drinking establishments, sale of convenience goods and personal services other than those permitted as principal uses and hair care centers, including barber shops and beauty salons. Property located at the southeast intersection of Concert Drive and Princess Anne Road. CUP for Hospital GPIN: 14856140280000 COUNCIL ELECTION DISTRICT: 7 — PRINCESS ANNE SITE SIZE: Rezoning 4.3 acres Use Permit 51.5 acres TOTAL ---------------- 55.8 acres EXISTING The property was being used for recreational purposes associated LAND USE: with Princess Anne Park. Those recreational activities are being relocated to other City facilities while the new Princess Anne Park is being developed to the south. This will allow development of the site for the Princess Anne Commons Health Campus, as approved by City Council on December 3, 2002. SURROUNDING North: . Princess Anne Road LAND USE AND . Across Princess Anne Road, LifeNet (under ZONING: construction) and the Virginia Beach Higher Education Center / Conditional 1-1 Light Industrial and R-5D Residential Duplex District South: . Parking lot associated with Verizon Wireless Amphitheater / AG-1 Agriculture • Wooded, undeveloped land / R-5D Residential Duplex District East: . Wooded area of Princess Anne Park / P-1 Preservation West: . Landstown High School and Landstown Middle School / P-1 Preservation and R-5D Residential Duplex District • Undeveloped property (previously used for soccer fields) / Conditional 0-1 Office District NATURAL The site is generally level and consists of a variety of groundcover, RESOURCE but primarily grasses associated with the various athletic fields on the AND site. A dense wooded area, to remain intact, borders the eastern CULTURAL edge of the site at the corner of Princess Anne Road and Dam Neck FEATURES: Road. There are no other significant natural resource features on the site. AICUZ: The site is in an AICUZ of 65 to 70dB Ldn surrounding NAS Oceana. The United States Navy has reviewed this request and has no objections. { SummaryProposa There are two distinct requests with this proposal. First, the applicant is requesting an amendment and restatement of a Conditional Use Permit approved by the City Council in 2002. The 2002 Use Permit allowed development of this site for a medical campus (hospital), athletic club and related uses such as offices, shops normally associated with medical facilities. Since 2002, the applicant's overall concept for the medical campus has become much more defined, necessitating revisions to the site plan. Thus, a revised site plan is proposed that maintains the spirit of the original concept but provides a `village style' layout rather than the 'college campus style' layout of the 2002 plan. The main axis of the development is now perpindicular to Princess Anne Road, providing a direct view from Princess Anne Road through the `main street' of the development to the hospital. The `main street' spine is flanked by the main buidlings for the site, which contain medical offices and related uses. The majority of the buildings have ancillary uses normally associated with a hospital on the ground floor of the buildings, providing a pedestrian -oriented streetscape. The intent of the design is to provide `life' to the site and to encourage those who visit and work at the development to stay on the site for their needs rather than driving off -site in their vehicles. The second request is related to this intent to encourage visitors and employees to stay on -site. The applciant is requesting a Conditional Change of Zoning for 4.3 acres of the northern corner of the site (at the intersection of Princess Anne Road and Concert Drive). The change of zoning, from the Conditional 0-2 Office approved in 2002 to a Conditional B-2 Business, will allow this portion of the complex to be developed with two self -standing 9,000 square foot restaurants. The restaurants are intended to better serve the patient population, visitors, and employees of the Princess Anne Commons Health Campus by providing alternatives. r.FComprehensive Plan The Comprehensive Plan designates this site as being part of Strategic Growth Area 12 - North Princess Anne Commons Area, suitable academic institutions, medical center, recreation opportunities, and entertainment venues consistent with the policies of the Comprehensive Plan. The Comprehensive Plan recognizes within its vision for Virginia Beach the need for "institutions and arrangements that address special needs of our citizens" and "a system of amenities that responds to a wide variety of needs and preferences," (Chapter 1, Introduction & General Strategy). The suggested amenities for the proposed hospital facility are in keeping with the Comprehensive Plan policies and vision for the City of Virginia Beach. 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. These proffers will apply to the portion of the site proposed for B-2 Business zoning, situated at the southern corner of the intersection of Princess Anne Road and Concert Drive ( - 4.3 acre parcel). The remaining portion of the site (- 51.5 acres) will be governed by the proffers approved with the 2002 rezoning. PROFFER # 1 The Property may be developed for no more than two (2) eating and drinking establishments. No other principal uses shall be permitted on the Property. PROFFER # 2 The location and orientation of the eating and drinking establishments on the Property, together with setbacks and landscaping, shall be subject to the approval of the Planning Director; however, the structures shall be setback a minimum of seventy-five (75) feet from Princess Anne Road. PROFFER # 3 Drive -through facilities shall not be permitted on the Property. PROFFER # 4 No structures on the Property shall exceed one (1) story or thirty-five (35) feet in height. PROFFER # 5 The eating and drinking establishments on the Property shall not be entitled to any free-standing signage located adjacent to Princess Anne Road or Concert Drive. PROFFER # 6 The architectural design and exterior building materials of the eating and drinking establishments on the Property shall be substantially compatible with the architectural design and quality of the exterior building materials of the primary structures located within the Princess Anne Health Campus located directly adjacent to the Property. PROFFER # 7 The overall architectural, site, and landscape design of the site shall be subject to the Design Guidelines for Princess Anne Commons, in effect as of the date of the approval of this Conditional Rezoning application by the City Council, which guidelines are on file with the Planning Department of the City of Virginia Beach. The Guidelines shall act as the "development criteria" for this development. Architectural, site, and landscape plans for each component of the development shall be submitted to the Director of Planning or his designee to ensure consistency of the design with the Design Guidelines. Staff Evaluation of The proffers are acceptable. They ensure that the two Proffers: restaurants to be built on the 4.3 acre parcel will be compatible to the health campus and will be of or a site, landscape, and building design quality exceeding that normally associated with self -standing restaurants. Office: agreement dated November 29, 2004, and found it to be legally sufficient and in acceptable legal form. Staff . r # Staff recommends approval of these requests. The revised site plan maintains the spirit of the original concept but provides a `village style' layout rather than the `college campus style' layout of the 2002 plan. The main axis of the development is now perpindicular to Princess Anne Road, providing a direct view from Princess Anne Road through the `main street' of the development to the hospital. The `main street' spine is flanked by the main buidlings for the site, which contain medical offices and related uses. The majority of the buildings have ancillary uses normally associated with a hospital on the ground floor of the buildings, providing a pedestrian -oriented streetscape. The intent of the design is to provide `life' to the site and to encourage those who visit and work at the development to stay on the site for their needs rather than driving off -site in their vehicles. Staff concludes the revisions to the plan for the Princess Anne Commons Health Campus provide a desired improvement over the 2002 plan and are more consistent with the recommendations of the Comprehensive Plan. The appearance of the buildings will maintain the quality level provided for in 2002, and as Proffer 7 requires the overall architectural, site, and landscape design of the site will be governed by the Design Guidelines for Princess Anne Commons. The Guidelines will act as the "development criteria" for this development. Architectural, site, and landscape plans for each component of the development will be submitted to the Director of Planning to ensure consistency of the design with the Design Guidelines. Staff, therefore, recommends approval of the Conditional Change of Zoning with the submitted proffers and the Conditional Use Permit subject to the conditions below. Conditions 1. The site shall be developed for a hospital in the 0-2 zoning district, athletic club in the 0-2 zoning district, eating and drinking establishment in the 0-2 zoning district, establishments for the sale of convenience goods and personal services establishments other than those permitted as principal uses in the 0-2 zoning district, and hair care centers, including barber shops and beauty salons in the O- 2 zoning district and shall be developed in phases which may occur over a period of several years, substantially in compliance with the site plan entitled "Campus Master Plan — Princess Anne Commons Health Campus" prepared by HDR, Inc. (the "Site Plan"). A campus environment containing a central landscaped common area with adjacent buildings and required parking substantially as depicted on the Site Plan shall be provided as a prominent feature of the development. The building locations, sizes, and configurations may change, provided that the overall campus environment and central landscaped common area remain. A copy of the Site Plan has been exhibited to the City Council and is on file with the Virginia Beach Planning Department. 2. The overall architectural, site, and landscape design of the site shall be subject to the Design Guidelines for Princess Anne Commons, in effect as of the date of the approval of this Conditional Use Permit by the City Council, which Guidelines are on file with the Planning Department of the City of Virginia Beach. The Guidelines shall act as the "development criteria" for this development. Architectural, site, and landscape plans for each component of the development shall be submitted to the Director of Planning or his designee to ensure consistency of the design with the Design Guidelines. 3. The Property shall contain an at -grade pedestrian walkway system connecting Princess Anne Road, Concert Drive and Princess Anne Park to the campus, in addition to other pedestrian routes within the campus. Such pedestrian walkway features shall be developed in phases as each building is constructed. 4. Mechanical equipment located adjacent to any structures on the site shall be screened with appropriate fencing and/or landscaping, and any mechanical equipment located on the top of any structures on the Property shall be enclosed on four sides of screened with appropriately sized parapet walls. 5. All exterior dumpster areas on the site shall be screened utilizing building materials such as brick, pre -cast, or other materials that are compatible with the building materials utilized on the primary structures on the site. 6. The site shall be developed with a common landscape plan, which may be introduced in phases as portions of the site are developed, providing for continuity throughout the site with respect to compatible tree planting, shrubs, and other landscape features. 7. A lighting and/or a photometric diagram plan for review by City staff shall be submitted with any submitted site plan. The lighting plan shall include the height of poles located in the parking lots along with the location of all pole mounted and building mounted lighting fixtures. The plan shall also list the lamp type, wattage SENTARA HEALTHCARE Agenda Items #-1.3 & 14 Page 7 and type of fixture. Lighting shall be uniform throughout the parking area, and shall minimize reflection or glare toward properties and streets outside the campus. 8. In addition to the conditional uses designated Condition 1, the following accessory uses may be developed in conjunction with the hospital facility and overall healthcare campus. These accessory uses shall include, but not be limited to: allied health facilities, medical laboratories, helipads/helistops, cafeteria facilities, nursing and other health -related vocational/educational facilities and pharmacy facilities, sale of medical/home health care equipment, sale of diabetes supplies, ophthalmologist/optometrist offices and eyewear sales, sale of nutrition and health supplements, sale of physician fitness equipment, wig shop, dry cleaners, bookstore/newsstand, coffee shop, postal/shipping store, copy center, gift/card shop, baby/infant shop, and bank branch (without a drive- thru). 9. The restricted access of the site to Princess Anne Road shall be limited to emergency vehicles only and shall have a gated entrance to prevent any access by vehicles other than emergency vehicles. 10. In addition to any rights afforded by Section 15.2-2307 of the Code of Virginia, 1950, as amended and consistent with Section 221(g) of the City Zoning Ordinance of the City of Virginia Beach authorizing the City Council to specifically provide activation time periods and procedures uniquely applicable to a Conditional Use Permit in lieu of those otherwise provided in Section 221(g); and given the unique circumstances surrounding the delayed possession of the property upon which this development is proposed, the phasing of its development and the inter -relation of the combined uses shown on the Site Plan, the following shall apply to this Conditional Use Permit: The commencement of the development of any portion of the Conditional Use Permit site for any of the uses set forth in this Conditional Use Permit application shall have the effect of fully activating this Conditional Use Permit for all uses permitted hereunder and shall satisfy the requirement of Section 221(g) of the City Zoning Ordinance of the City of Virginia Beach. NOTE: Further conditions may be required during the administration of a plicable City Ordinances. Plans SENTARA HEALTHCARE Agenda Items # 13 & 14 Page 8 submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. SENTARA HEALTHCARE Agenda Items # 13 &.14 Page 9 Zoning History Map Not -o Scmle e tar Health Care t \ (2) R- �i Lrj �� c t P-1 ly 'A 4 C D 0-2 R/ `\ 1#1 Conditional Zoning - Recorded Proffe.N Conditional Zoning Chaqge from 0-2 to 3- 2 CUT for Hospital # I DATE IREQUEST I ACTION 1 08/11/69 Public recreational use of park established 2 09/04/84 AG-2 Agricultural District to R-8 Residential District Denied 05/28/91 AG-1/AG-2 Agricultural District to Conditional 0-2 Office Approved 03/28/95 0-2 Office District to AG-1 Agricultural District Approved 03/28/95 Conditional Use Permit (amphitheater) Approved 3 08/08/95 Conditional Use Permit (soccer complex) Approved 4 11/10/82 1-1 Industrial District to B-2 Business District Apprgypo SENTARA`HEALTHCARE Agenda, items # 134 14 Page 10 5 09/16/85 AG-2 Agricultural District to B-2 Business District Withdrawn 6 09/16/88 AG-2 Agricultural District to B-3 Business District Withdrawn 12/07/87 AG-2 Agricultural District to B-2 Business District Withdrawn 7 12/03/02 P-1 Preservation District to Conditional 0-2 Office Approved District R-5D Residential Duplex District to Conditional 0-2 Approved Office District Conditional Use Permit for Health Campus (Hospital) Approved 8 04/22/03 R-5D Residential Duplex District to Conditional 1-1 Light Approved Industrial District Public Agency Comments Public Works Master Transportation Plan (MTP): The Master Transportation Plan Map specifies that Princess Anne Road shall be a 150 foot wide divided roadway with controlled access. The segment of Princess Anne Road adjacent to this site consists of eight lanes within a variable 150 to 160 foot right-of- way. There are no active Capital Improvement Program (CIP) projects to'further improve this segment of Princess Anne Road. The existing right-of-way of Concert Drive is approximately 120 feet wide. The MTP Map does not propose any expansion of Concert Drive. There is an inactive CIP roadway project for Concert Drive Extended (CIP 2-194). That project would extend Concert Drive south past its current terminus to an intersection with Dam Neck Road. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 50,150 65,700 (Level Existing Land Use Road ADT ADT' of Service "C") — 95 ADT 2005 Proposed 3 2,600 6,200 Concert Drive ADT ADT Land Use 15,931 ADT SENTAR� Agenda HEALTHCRE tems ## 13 $ 14 Page 11 Average Daily Trips gas defined by existing uses s as defined by medical campus, offices, and two 9,000 square foot restaurants (additional trips generated by restaurants = The Traffic Engineering Division of the Public Works Department reports that they have received a Traffic Impact Analysis (TIA) for this project and a revision of that TIA, dated October 25, 2004. The TIA notes that this update of the 2002 master plan for the campus, which now includes two 9,000 square foot restaurants, generates only four percent (4%) higher traffic than the master plan approved in December 2002. Traffic Engineering concludes that the vehicular trips generated by the two 9,000 square foot restaurants will likely not be as high as 2,289 ADT due to the degree of `internal trips' that the restaurants will generate (trips that remain on the 'campus' rather than being generated from off the campus). The applicant's TIA indicates that 20% of this traffic will be internal trips; however, Traffic Engineering believes that 20% is too high of an estimate. Traffic Engineering has met with the Planning Department, Sentara representatives, and Sentara's design consultants regarding the revised TIA and has provided them with comments. Traffic Engineering reports that based on the discussion among all parties, the Concert Drive intersection with the internal roadway the two restaurants are to be located on will not be signalized as shown on the plan included with this report. UPDATE: A second revision of the study, dated January 16, 2005, was submitted. At the time this report went to print, Traffic Engineering had not had an opportunity to fully review the revised study. Public Utilities Water: There is a 12 inch water line in Dam Neck Road at the southeast corner of the property. There is a 24 inch water line on the opposite side of Princess Anne Road at the north corner of the property. Any development must connect to the City water supply. Sewer: There is a three inch and an eight inch sanitary sewer force main in Concert Drive at the northwest corner of the site. There is a sanitary sewer manhole at the entrance of Concert Drive at its intersection with Princess Anne Road. The development must connect to the City sewer system. An analysis of Pump Station 578 will be required to ensure new flows can be accommodated. .1,1, SENTAF Agend 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: No concerns. Fire Department permits will be certain occupancies and hazardous materials used or stored on site. Al Exhi; it Exhihit A Exhibit B —1 a 2002 Site Plan raises T°'X'a'�w9Nrt%'w.arwn.ti�-w�awxss':uwwnw�v� SENTAW Agenda Exhibit B —1 b 2002 Approved Building Concept E Exhibit B - 2 2005 Proposed Sita Plan Exhibit C Detail of Area Requested for Change of Zoning from Conditional 0-2 to Conditional B-2 i i �! imp' ,F,! � •'`\':,\w"F,\ ',� '""'� @a / R FR 2, 9. At^ r <> �,�} „7 a 160 SPACI SPACES �+*,, �.y"d +e, �1 �l..Y #°t fs� £�°. �F 3pr�~�✓FA'-w•. r� i�p�� 4\\���\�,.1 f NOTES. 1. THE PURPOSE OF THIS EXHIBIT IS TO SHOW THE PORTION OF THE SENTARA PRINCESS ANNE COMMONS PARCEL 2A TO BE REZONED FROM 0-2 TO B-2 2. NO FIELD SURVEY WAS PERFORMED BY VHS, 3. THIS EXHIBIT IS A COMPILATION OF LANDMARWS EXHIBIT OF "PHYSICAL FEATURES AND BOUNDARY INFORMATION" ARID HDR`S "CAMPUS MASTER PLAN" Sentara Princess .Anne Commons Figure 1 Rezoning Metes & Bounds Exbibit I0-2s � 0 50 100 Feet SENTARAMEALTHCARE Agenda •Items # 134 14, P ,to.2.0 Exhibit E - 1 Disclosure Statement LZ�SCI�t:�SI RESTATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following, 1: List the applicant name followed by the names of all officers, members, trustees, partners, etc. below. (Attach list if necessary) ;entara Healthcare - See Attached 2. List all businesses that have a parent -subsidiary' or affiliated business entity` relationship with the applicant: (Attach list if necessary) See Attached ❑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 ff necessary) VA 2. List all businesses that have a parent -subsidiary' or affiliated business entity` relationship with the applicant: (Attach list it necessary) q/A Check here if the property owner is NOT a corporation, partnership,firm, business, or other unincorporated organization. & ` See next page for footnotes Conditional Rezoning Application Page 11 of 12 Revised 0/112004 DISCLOSURE STATED Exhibit E - 2 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) )R, Inc. - Architectural Services inasse Hangen Brustlin, Inc. - Engineering Services illcox & Savage, P.C. - legal Services Dutman Sanders LLP - Legal Services a � ' "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- 101. 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, (i) 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. Cade § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate, I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. See Attached Applicant's Signature Print Name _ Property Owner's Signature (if different than applicant) Print Name Conditional Rezoning Application Disclosure Statement Exhibit E - 3 Disclosure SENTA1 A HEALTHCARE Statement LIST OIL EXECUTIVE OFFICERS David L. Berm Rodney F. Hochman, M.D, Chief Executive Officer Executive Vice President and Chief Medical Officer Ronald Bennion Vice President DonaldV. Jellig Vice President Mary Blunt Vice President Howard P. Kern President and Chief Operating Officer Robert Broermann Senior Vice President, Kennett M. K,rakaur CFO and Treasurer Senior Vice President- Bob Graves Bert Reese Vice President Vice President Michael Dudley Michael Taylor Senior Vice; President Vice President Les Donahue Douglas Thompson Vice' President Vice President Vicky Gray Vice President st m - CRZ AUw n *Ws SENTARA HEALTHCARE RELATED ENTITIES 'ndewater Health Care, Inc. Patient First Corporation Sentara Hospitals Sentara Norfolk General Hospital Sentara Leigh Hospital Sentara Bayside Hospital Sentara Virginia Beach General Hospital Sentara Careflex Hospital Sentara Norfolk Cardiac Care, LLC Tidewater Cardiovascular Institute, LLC Hampton Roads Lithotripsy, LLC Virginia Beach Ambulatory Surgery Center, LLC Cancer Centers of Virginia, LLC Port Warwick ASC, LLC Sentara Life Care Corporation Long Term Care Associates Hospital for Extended Recovery Sentara Enterprises Coastal Health Services, Inc. Radiology Services, LLC MPH, Inc. Sentara Holdings, Inc. Sentara Health Plans, Inc. Optima Health Group, Inc. Sentara Behavioral Health Services, Inc. Optima Health Insurance Company Sentara Ventures, Inc, OPAL C 1, LLC Management Services, LLC Positron Emission Tomography Institute of Hampton Roads, LLC Sentam Hampton Service Corporation Optima Health Plan Sentara Medical Group Sentara Williamsburg Community Hospital, Incorporated Williamsburg Community, LLC Community Urgent Care, LLC Williamsburg Community Intensivists, LLC Williamsburg Community Medical Group Gloucester Convenient Care, LLC Bay Primex SenUra - CRZ Altwhmnts Exhibit E - 4 Disclosure Statement Exhibit E - 5 Disclosure Statement APPLICANT AND PROPERTY OWNER'S SIGNATURE CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. SENTARA HEALTHCARE BY: .rt V Donald V. Jellig Vice President Srnt— • CRZ Attacbmits SENTARF Agenda Item # 13 & 14 Sentara Healthcare Change of Zoning District Classification Southeast intersection of Concert Drive and Princess Anne Conditional Use Permit South side of Princess Anne Road District 7 Princess Anne February 9, 2005 CONSENT William Din: The next items are two items. They are Items #13 & 14. This is Sentara Healthcare. This is an application for a Change in Zoning District Classification from Conditional 0-2 Office District to Conditional B-2 Community Business District on property located on the southeast intersection of Concert Drive and Princess Anne Road, and Item #14 is an application for a Conditional Use Permit for a hospital, athletic club, eating and drinking establishments, and sales of convenience goods located at this same area on Princess Anne Road. This is in the Princess Anne District, and there are ten conditions. R.J. Nutter: Thank you Mr. Din, Madame Chairman. My name is R.J. Nutter and I'm an attorney representing Sentara Healthcare. We are familiar with the conditions and proffers, and having written many of them ourselves, so we obviously have no objection, and we appreciate being on your consent agenda. Thank you very much. William Din: Thank you Mr. Nutter. Is there any objection to placing this on consent agenda? If not, Mr. Horsley will talk to this issue. Donald Horsley: Okay. Thank you Will. Sentara Healthcare Group. Basically this application in essence was approved in 2002 with the intention that there were some reasons to come back and have amendments, and reinstatements of the Conditional Use Permit. The Conditional Use Permit in 2002 allowed for the development of the medical campus, and medical related uses, such as offices and shops associated with the medical facility. Since then, there is a real concept of the medical campus has become more defined, and now there is a village type style concept that seems to be more appealing to the Planning Staff and Planning Commissioners at this time. Basically the usage would remain the same. The second request is an effort by the health group to keep the business employees in this area. You have small portions of the northern corner of the site, and a change of zoning from 0-2 to B-2. This would allow the development of two 9,000 square foot restaurants, which would be amending to the business to the hospital complex and to other people in the area. So we think this is a good benefit. And staff has commented many times that Sentara has been an awfully good group to work with, and very open. There is one deal in the air that concerns some of us, some was kind of a promise that was made to these people that use these softball fields at Princess Anne Item #13 & 14 Sentara Healthcare Page 2 Park. The fields were to remain there until the other fields were developed. And that was to take place this year in 2005, and that has not taken place because there are some holdups that have happened in the development stage of the new Princess Anne Park. So, realizing that, Parks and Recreation have gone and taken upon themselves to not keeping them from playing ball this summer but they have lighted other fields throughout the City, and we've lost four or five fields at PA Park. They would not be able to be played on this year, and they had lights placed on seven other fields throughout the City. Realizing it to be a little bit more of an inconvenience to the people who play the softball in the summer, but we feel like in the long run it will be really big benefit to the City because these fields that lights were put upon will stay there. So, even after Princess Anne Park is developed and open next year. So, we think that will be a plus even though we're kind of concerned that it didn't seem far fetched enough to meet this timeframe in the beginning. But things do happen that way and we understand that. So, being we see no opposition and with favorable staff comments, we feel like it warranted consent agenda status today, and we welcome Sentara to our community. William Din: Thank you Mr. Horsley. The consent agenda item that I have for approval are Items #13 & 14, Sentara Health Care for a Change in Zoning District Classification from Conditional 0-2 Office District to Conditional B-2 Community Business District on property located at the intersection of Concert and Princess Anne Road. This is also the application for a Conditional Use Permit for the hospital, athletic club and other accessory uses at the same location in the Princess Anne District and there are ten conditions. So I move to approve this consent agenda item. Dorothy Wood: Thank you. Do I have a second? Eugene Crabtree: Second. Dorothy Wood: Mr. Miller. Robert Miller: I need to abstain from Items #13 & 14. I'm on the Board of Directors. Dorothy Wood: Thank you. AYE 10 NAY 0 ABS 1 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER ABS RIPLEY AYE STRANGE AYE ABSENT 0 Item # 13 & 14 Sentara Healthcare Page 3 WALLER AYE WOOD AYE Ed Weeden: By a vote of 10-0 the Board has approved the consent agenda items with the abstention so noted. In Reply Refer To Our File No. DF-6066 TO: FROM: = Leslie L. Lilley William M. Macali (t' CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: February 10, 2005 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; Sentara Healthcare The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 8, 2005. I have reviewed the subject proffer agreement, dated November 29, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/nlb Enclosure cc: Kathleen Hassen Prepared By/Return To: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, Virginia 23462 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 29th day of November, 2004 by and between SENTARA HEALTHCARE, a Virginia Corporation (the "Grantor"), the current owner of that certain property generally located on Princess Anne Road and Concert Drive in Virginia Beach, Virginia, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property") and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the property, which is more fully described in the attached Exhibit A, from Conditional 0-2 to Conditional B-2; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned B-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing B-2 districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said GPIN NO.: 1485-61-4028 -0000 amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, it's successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, it's heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property may be developed for no more than two (2) eating and drinking establishments. No other principal uses shall be permitted on the Property. 2 2. The location and orientation of the eating and drinking establishments on the property, together with setbacks and landscaping, shall be subject to the approval of the Planning Director; however, the structures shall be setback a minimum of seventy-five (75) feet from Princess Anne Road. height. 3. Drive -through facilities shall not be permitted on the Property. 4. No structures on the Property shall exceed one (1) story or thirty-five (35) feet in 5. The eating and drinking establishments on the Property shall not be entitled to any free-standing signage located adjacent to either Princess Anne Road or Concert Drive. 6. The architectural design and exterior building materials of the eating and drinking establishments on the Property shall be substantially compatible with the architectural design and quality of the exterior building materials of the primary structures located within the Princess Anne Health Campus located directly adjacent to the Property. 7. The overall architectural, site, and landscape design of the site shall be subject to the Design Guidelines for Princess Anne Commons, in effect as of the date of the approval of this Conditional Rezoning application by the City Council, which guidelines are on file with the Planning Department of the City of Virginia Beach. The Guidelines shall act as the "development criteria" for this development. Architectural, site, and landscape plans for each component of the development shall be submitted to the Director of Planning or his designee to ensure consistency of the design with the Design Guidelines. Further conditions mandated by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, 3 including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [Remainder of Page Intentionally Left Blank] 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: SENTARA HEALTHCARE By: G (. ,. " i Donald V. Jel 'g, ice President COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me thisa�- day of 2004, by Donald V. Jellig, Vice President of Sentara Healthcare, a Virginia Corporation, on its behalf. He is personally known to me or has produced as identification. Notary Public My Commission Expires: 275799v] EXHIBIT A LEGAL DESCRIPTION A portion of property, approximately 4.3 acres in size as shown on the exhibit titled "Sentara - Princess Anne Commons -Rezoning Metes & Bounds Exhibit" dated October 28, 2004 and attached hereto. IT BEING part of that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and designated and described as "PARCEL 2A GPIN 1485-61-4028 2,429,791 SQ. FT. = 55.78033 ACRES," as shown on that certain plat entitled: "PLAT SHOWING SUBDIVISION OF PRINCESS ANNE PARK PARCEL 2 AND PARCEL 4 MAP BOOK 275 PAGES 55-68 AND A PORTION OF RECREATION DRIVE (CLOSED) FOR THE CITY OF VIRGINIA BEACH," dated Sept. 9, 2002, Scale: 1" = 200', and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 200212203084143, to which reference is made for a more particular description. R. NOTES: 1. THE PURPOSE OF THIS EXHIBIT IS TO SHOW THE PORTION OF THE SENTARA PRINCESS ANNE COMMONS PARCEL 2A TO BE REZONED FROM 0-2 TO B-2. 2. NO FIELD SURVEY WAS PERFORMED BY VHB. 3. THIS EXHIBIT IS A COMPILATION OF LANDMARICS EXHIBIT OF "PHYSICAL FEATURES AND BOUNDARY INFORMATION" AND HDR'S "CAMPUS MASTER PLAN" Sentara-Princess Anne Commons Figure 1 TRezoning Metes & Bounds Exhibit 10-28-04 0 50 100 Feet CITY OF VIRGINIA BEACH AGENDA ITEM TO: The Honorable Mayor and Members of Council FROM: James K. Spore, City Manager ITEM: Resolution Approving and Authorizing the Execution of a First Amendment to the Sentara Healthcare Development Agreement MEETING DATE: March 8, 2005 Background: This Resolution should be considered in conjunction with and subsequent to City Council's consideration of the rezoning of 4.3 acres of property owned by Sentara Healthcare from 0-2 to B-2 and the modification of the conditions of the Conditional Use Permit on 51 acres of the remaining property owned by Sentara. Considerations: The First Amendment to Development Agreement makes the changes to the Development Agreement necessary to conform the Development Agreement to the proposed rezoning and the Modified Conditional Use Permit. Approval will allow Sentara Healthcare to continue construction in accordance with the new Site Plan, the rezoning and the Modified Conditional Use Permit. Public Information: Public information will be handled through the normal Council agenda process. Alternatives: Alternatives are not to amend the Development Agreement, but that will not conform to the land use actions taken on the property if the rezoning and Conditional Use Permit are granted. Recommendations: Approval of Resolution to authorize and execute a First Amendment to the Sentara Healthcare Development Agreement. Attachments: Resolution; First Amendment to the Sentara Healthcare Development Agreement Recommended Action: Approval Submitting Department/Agency: Public Works/Planning City Manage : CADocuments and Settings\lhummel\Desktop\CA9485-ARF.doc 1 A RESOLUTION APPROVING AND AUTHORIZING THE 2 EXECUTION OF A FIRST AMENDMENT TO THE 3 SENTARA HEALTHCARE DEVELOPMENT AGREEMENT 4 5 6 WHEREAS, the City of Virginia Beach (the "City") and 7 Sentara Healthcare ("Sentara") are parties to a Development 8 Agreement dated as of February 12, 2003 (the "Development 9 Agreement") for the development of certain real property located 10 in the Princess Anne District of the City of Virginia Beach into 11 a health care office, educational and recreational campus; and 12 WHEREAS, pursuant to the Development Agreement, Sentara has 13 developed a new Campus Master Plan (the "New Site Plan"); and 14 WHEREAS, in order to accommodate the uses contemplated by 15 the New Site Plan, the City Council on this date conditionally 16 rezoned a 4.3 acre portion of Parcel 2A of the property (the "B- 17 2 Parcel") from 0-2 Office (Conditional) to 3-2 Community 18 Business (Conditional), so as to allow two freestanding eating 19 and drinking establishments in accordance with the provisions of 20 the Conditional Zoning Agreement dated as of November 29, 2004, 21 and approved by the City Council in conjunction with the 22 aforesaid conditional rezoning, and also granted a modified 23 Conditional Use Permit (the "Modified CUP") with respect to the 24 balance of Parcel 2A of the Property (approximately 51 acres); 25 and 1 26 WHEREAS, the City and Sentara are entering into the First 27 Amendment to Development Agreement in order to modify the 28 Development Agreement so as to ensure its conformity with the 29 New Site Plan, as approved pursuant to the conditional rezoning 30 of the B-2 Parcel and the Modified CUP described above; 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 32 CITY OF VIRGINIA BEACH: 33 1. That the City Council hereby approves the First 34 Amendment to Development Agreement between the City of Virginia 35 Beach and Sentara Healthcare in the form attached as Exhibit A 36 to this Resolution; and 37 2. That the City Manager is authorized to execute and 38 deliver the First Amendment to Development Agreement, together 39 with any other documents necessary to implement the terms of the 40 First Amendment, so long as such documents are acceptable to the 41 City Manager and the City Attorney. Adopted by the City Council of the City of Virginia Beach on the day of March, 2005. CA-9485 F:\Data\ATY\OID\REAL ESTATE\Commercial Projects\Sentara\resolution to amend dv agrmt.DOC R-2 March 2, 2005 2 APPROVED AS TO CONTENT: 30 PlZnrlir4 Department APPROVED AS TO LEGAL SUFFICIENCY: Y City Attorney's Office 3 Prepared by: Stephen R. Davis, Esq. Willcox & Savage, P.C. 222 Central Park Avenue Suite 1500 Virginia Beach, VA 23462 Exempt from recordation taxes under Section 58 1-811(C)(3) FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT ("Amendment") is made as of the day of March, 2005, by and between SENTARA HEALTHCARE, a Virginia corporation ("Sentara"), agrantor for indexing purposes, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), a grantee for indexing purposes. RECITALS: R-1. The City and Sentara are parties to a certain Development Agreement (the "Development Agreement") dated February 12, 2003, relating to certain real property (the "Property") located in the City of Virginia Beach, Virginia, and more particularly described in the Development Agreement. The Development Agreement was originally recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No. 200302240025582, and was corrected and re -recorded in the aforesaid Clerk's Office as Instrument No. 200410130163283. R-2. In furtherance of the Development Agreement and the "RFP Response" referenced therein, Sentara has developed a new Campus Master Plan (the "Site Plan"), a copy of which is on file with the Planning Department of the City of Virginia Beach. R-3. In order to accommodate the uses contemplated by the Site Plan, a portion of Parcel 2A of the Property (the `B-2 Parcel") has been rezoned from Conditional 0-2 to Conditional B-2 and a new, modified Conditional Use Permit (the "Modified CUP") has been approved with respect to the balance of Parcel 2A of the Property. R-4. The City and Sentara are entering into this Amendment in order to modify the Development Agreement to reflect the new Site Plan and the rezoning and Modified CUP described above. AGREEMENT NOW, THEREFORE, in consideration of the foregoing, the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City and Sentara hereby agree as follows: GPIN #'s: 1485-614028 1485-50-2885 I-630505.2 03/01/05 1. Development and Use. City and Sentara agree that Paragraph 1(a) of the Development Agreement is amended and restated as follows: " (a) Sentara agrees that development and use of the Property (excluding the B-2 Parcel) shall be in accordance with the Agreement dated October 24, 2002, between the City and Sentara relating to the Property, as such Agreement may be subsequently amended in accordance with applicable law (the "First Proffer Agreement"). The First Proffer Agreement is recorded in the Clerk's Office as Instrument Number 20012173081100. Furthermore, Sentara agrees that development and use of the portion of the Property that is subject to the Modified CUP shall be in accordance with the Modified CUP and the conditions related thereto (as they may be subsequently amended in accordance with applicable law, the "Conditions"). In addition, Sentara agrees that development and use of the B-2 Parcel shall be in accordance with the Agreement dated November 29, 2004, and approved by the City on March 8, 2005, between the City and Sentara relating to the B-2 Parcel, as such Agreement may be subsequently amended in accordance with applicable law (the "Second Proffer Agreement"). The Second Proffer Agreement is recorded in the Clerk's Office as Instrument Number 2. Reverter. Sentara and the City acknowledge and agree that commencement of construction of a medical office building of at least 40,000 square feet in accordance with the new Site Plan on or before the date required under Paragraph 2 of the Development Agreement will satisfy the requirements of Paragraph 2 of the Development Agreement. 3. Right of First Offer. Sentara and the City acknowledge and agree that the City's right of first offer under Paragraph 4 of the Development Agreement shall only apply if Sentara proposes to sell all or any portion of the Property to a third party other than a sale in furtherance of the development plan contemplated by Sentara's RFP Response, the new Site Plan and/or the medical, health, educational and other uses permitted under the zoning and Conditional Use Permit affecting the Property. 4. Successors and Assigns. (a) The terms and provisions of this Amendment are binding upon and will inure to the benefit of the parties, their respective successors and assigns. The rights and obligations included in this Amendment shall run with the land and shall be binding upon all owners of the Property during their period of ownership except as otherwise provided herein. (b) Sentara and the City agree that this Amendment shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. 5. Miscellaneous. Except as expressly modified in this Amendment, the Development Agreement will remain in full force and effect. Any defined terms not defined in this Amendment shall have the same definition and meaning as set forth in the Development Agreement. In the event of a conflict between the terms, conditions and provisions of this I-630505.2 03/01/05 PJ Amendment and those of the Development Agreement, the terms, conditions and provisions of this Amendment shall prevail. WITNESS the following signatures and seals: SENTARA: SENTARA HEALTHCARE By: (SEAL) Donald V. Jellig Vice President COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of March, 2005, by Donald V. Jellig, Vice President of Sentara Healthcare, a Virginia corporation, on its behalf. He is personally known to me. My Commission expires ATTEST: Ruth Hodges Smith City Clerk I-630505.2 03/01 /05 Notary Public CITY: CITY OF VIRGINIA BEACH I0 City Manager/Authorized Designee of City Manager SEAL 3 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of March, 2005, by , City Manager/Authorized City Manager of the City of Virginia Beach, Virginia, on its behalf. He/she is personally known to me. Notary Public My Commission expires COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of March, 2005, by , City Clerk of the City of Virginia Beach, Virginia, on its behalf. She is personally known to me. My Commission expires Approved as to Content: Real Estate Agent I-630505.2 03/O1/05 Notary Public Approved as to Form: City Attorney 2 ' c✓lt � , F � v�gpV,C11111 * R �az NIUNICIPAU OOM E 5 v 4 2405000R jA23456 OF OUR 14�<..1R� DEPARTMENT OF PLANNING OR ^ NpUM 757-427-4621 426-5B67 .. FAX (757) EM INTER_OFF►CE M February 2, 2005 Manage, ppTE� James K Spore, City anning � ry perm it on pirector Of Pl TO' ert � •Scott, and Conditional Use Rob ange of Zoning FROM. Snyder Fam!lyMarch B ",genda SUBJECT City C°un�il s Staff and Conditional Use Perm Venue of Clearfield A e of ZOMN east side associated Chang On the normally e�y owner activities b less e abOVe-reference rop east to the and to th remaining p south and as provided byntrusion y regard sole the north, Iconduded that the subjected from Staff s charge erties from fanning arking ents tial prop P ubj lishm deferral to the should not be s sales estab eXisting reside ending dwelling w►th a p vvlth motor vehiclPlan, is to protect ale in recomm e remaining s ration hat would be th Of life. ComprehensNe uses. Staff lhat\NOwner's quality compatible ding `N the applicant's than comp s that surrounOf the propertylications, °ccupyIng Commission w best interest these app erW Owner hearing °n t the prop mission that she lot is not in the to the mission that to tell the c°m tanning Com fission ccordin9 at the P the Comm him permisslo repair facility. A rop be However, erty i{herm� fining lot gave sales an t her proposed plans do representative the expansion of the only desires t1 c nt s p would be w asat would able ith the p erty owner The app requests es n caging fence approval of is of \and use compatibility. comfO� tative and app ere nth that assuran term licant's repr d w fans e the ideal in uately buff Based on ill not b adeq t bho 9h he end result w provide tha apprOpriat RuSISM ^i IA-8h�Gfy,7 f ��yy�iT�1 l��vv,llj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Snyder Family Trust — Change of Zoning District Classification and Modification of Conditions for property located east of Clearfield Avenue and south of Virginia Beach Boulevard MEETING DATE: March 8, 2005 ■ Background: a) An Ordinance upon Application of Snyder Family Trust for a Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District on property located on the east side of Clearfield Avenue, approximately 600 feet south of Virginia Beach Boulevard (GPINS 14676612940000; 14676621650000; 14676610690000). The Comprehensive Plan designates this site as part of Strategic Growth Area 3 — Newtown Area, suitable for office and light industrial uses. The purpose of the rezoning is to expand an existing automobile sales and repair facility. DISTRICT 2 — KEMPSVILLE b) An Ordinance upon Application of Snyder Family Trust for a Modification of Conditions for a Conditional Use Permit approved by City Council on October 23, 2001 on property located at 5225 Virginia Beach Boulevard and on the east side of Clearfield Avenue, approximately 600 feet south of Virginia Beach Boulevard (GPINS 14676612940000; 14676621650000; 14676610690000; 14676692260000). DISTRICT 2 — KEMPSVILLE ■ Considerations: The applicant wishes to rezone three (3) parcels from R-7.5 Residential District to Conditional B-2 Community Business District and to incorporate those parcels into the existing auto sales and service facility to the north and east. A rezoning is required to operate auto sales and service on these sites as the property is currently zoned residential; a modification to the existing Conditional Use Permit for motor vehicle sales and repair is also required to incorporate the lots into the operation. The application indicates that the addition of these parcels will be used for parking and/or display area only. No additional structures are proposed on these lots. The original Conditional Use Permit for the existing auto facility was granted on May 23, 1988. Since that time, several expansions have prompted additional use permit requests as well as a request for a change of zoning for annexed parcels. Most recently, in October 2001, City Council approved a rezoning Snyder Family Trust Page 2of2 request and the expansion of the Conditional Use Permit to incorporate into the facility lots 11, 13, 15 and 17 along Clearfield Avenue. The parcels on Clearfield Avenue to the south of the applicant's parcel were recently rezoned from Residential to Conditional B-2 for the purpose of expanding the existing office complex to the southeast. The applicant's rezoning request consists of all of the remaining residential parcels on the east side of Clearfield Avenue except one. Staff cannot support this rezoning as long as it results in the encirclement of a single-family home with a parking lot and privacy fencing. When the applicant is able to bring forward a complete package for rezoning all remaining residentially zoned properties on this side of Clearfield Avenue, (lots 19, 21, 23 and 25) Staff will be more favorable to the requests. The church located on the west side of Clearfield Avenue has purchased much of the property fronting that side of the street. The southern end of Clearfield Avenue is anchored by office and commercial uses and the northern end is anchored by the Virginia Beach Boulevard commercial corridor. In light of these facts, there appears to be a definite trend in this area from residential to commercial, institutional, and office uses. The applicant has attempted to purchase the final adjacent lot. Staff does not feel that the remaining property owner should be subjected to the intensity of the operation from the north, south and east. Staff's charge, as provided by the Comprehensive Plan, is to protect existing residential properties from intrusion by less than compatible uses. It is the Staff's position, that surrounding this remaining parcel with a parking lot and a privacy fence is not in the best interest of that property owner's quality of life. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with abstention to approve the requests. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends deferral. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: k , olt SYNDER FAMILY TRUST Agenda Items # 2 and 3 February 9, 2005 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. REQUEST: LOCATION: Location and General Information 2) Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District. 3) Modification of Conditional Use Permit for auto sales and service. Property located on Clearfield Avenue — lots 21,23&25. Afup I)-6 p## fQTj 12 ' A4y�E5 ° 1J Ayres c. C7 qt7 i x 1tD 1 s� L i I,[Conditional z(ming-RPw,,kd Ptoffen 0 f(f f.m! '(ov'xth [:k l,n„ W'.5{(i Opl).Z,a A6:a1i?n:a;xui o(C2m(fit;cris a/CUP GPIN: 14676612940000; 14676621650000; 14676610690000 COUNCIL ELECTION 2 — KEMPSVILLE SNYDER DISTRICT: SITE SIZE: 1.04 acres EXISTING LAND USE: There are single-family dwellings on the three (3) lots. SURROUNDING North: Single-family dwelling, auto sales & service / R-7.5 LAND USE AND Residential District, Conditional B-2 Community ZONING: Business District South: . Single-family dwelling / Conditional B-2 Business East: . Auto sales & service / Conditional B-2 Community Business District West: . Single-family dwellings & church related uses (the church has purchased much of the property on the west side of Clearfield Avenue in the vicinity of the request) / R-7.5 Residential District NATURAL RESOURCE AND CULTURAL There is nothing of environmental significance as the properties exist FEATURES: as single-family residential parcels. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary ', r .: The applicant wishes to rezone three (3) parcels from R-7.5 Residential District to Conditional B-2 Community Business District and incorporate those properties into the existing auto sales and service facility to the north and east. A rezoning is required to operate auto sales and service on these sites as the property is currently zoned residential and a modification to the existing Conditional Use Permit is also required to incorporate the lots into the operation. The application indicates that the addition of these parcels will be used for parking and/or display area only. No additional structures are proposed on these lots. SNYDER The original Conditional Use Permit for the existing auto facility was granted on May 23, 1988. Since that time, several expansions have prompted additional use permit requests as well as a request for a change of zoning for annexed parcels. Most recently, in October 2001, City Council approved a rezoning request and the expansion of the Conditional Use Permit to incorporate into the facility lots 11, 13, 15 and 17 along Clearfield Avenue. Comprehensive, The Comprehensive Plan recognizes these parcels as within the Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. 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. SNYDER Agend, PROFFER # 1 When the Property is developed, is shall be developed substantially as shown on the exhibit entitled "Checkered Flag Parking Lot Expansion," dated 11 /22/04, prepared by MSA, P.C., Virginia Beach, Virginia, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER # 2 When the Property is developed, is shall be landscaped substantially as depicted on the exhibit entitled "Checkered Flag Parking Lot Expansion," dated 11/22/04, prepared by MSA, P.C., Virginia Beach, Virginia, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Landscape Plan"). PROFFER # 3 The use of the Property shall be automobiles sales display area and/or accessory parking in accordance with a conditional use permit duly approved by the City Council of the City of Virginia Beach. Staff Evaluation of The proffers are acceptable. It ensures connectivity with Proffers: the existing operation and that no ingress/egress from these properties onto Clearfield Avenue will occur. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated November 22, 2004, and found it to be legally sufficient and in acceptable legal form. Staff Evaluation`# Staff cannot support these requests and recommends deferral. The parcels on Clearfield Avenue to the south of the applicant's parcel were recently rezoned from Residential to Conditional B-2 for the purpose of expanding the existing office complex to the southeast. The applicant's rezoning request consists of all of the remaining residential parcels on the east side of Clearfield Avenue except one. Based SNYDER Agend, on the rationale provided below, Staff cannot support this rezoning as long as it results in the encirclement of a single-family home with a parking lot and privacy fencing. When the applicant is able to bring forward a complete package for rezoning all remaining residentially zoned properties on this side of Clearfield Avenue, (lots 19, 21, 23 and 25) Staff will be more favorable to the requests. The church located on the west side of Clearfield Avenue has purchased much of the property fronting that side of the street. The southern end of Clearfield Avenue is anchored by office and commercial uses and the northern end is anchored by the Virginia Beach Boulevard commercial corridor. In light of these facts, there appears to be a definite trend in this area from residential to commercial, institutional, and office uses. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. The established type, size, and relationship of land use, both residential and non-residential, in and around these neighborhoods should serve as a guide when considering future development. As stated above, the surrounding properties have transitioned from residential to community business and church related uses; however, as recommended in the Comprehensive Plan, the remaining and existing residents must be protected against uses that are incompatible in terms of scope, scale and use. However, while the applicant has attempted to purchase the final adjacent lot, Staff does not feel that the remaining property owner should be subjected to the intensity of the operation from the north, south and east. Staff's charge, as provided by the Comprehensive Plan, is to protect existing residential properties from intrusion by less than compatible uses. It is the Staff's position, that surrounding lot 19 with a parking lot is not in the best interest of that property owner's quality of life. Staff, therefore, encourages a deferral of this request to allow the applicant additional time to explore opportunities for inclusion of the final parcel. 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 Citv Codes. Zoning History hiorfffiration of Conditions of CUP # I DATE IREQUEST I ACTION 1 10/23/01 CRZ from R-7.5 to Conditional B-2 & CUP for auto sales Granted 10/10/00 & repair Granted 12/06/94 CUP for auto sales & repair Granted CRZ from R-7.5 to B-2 & CUP for auto sales & repair 05/25/93 CUP for parking lot & storage Granted 05/23/88 CUP for auto sales & repair Granted 2 03/14/95 CUP for church/school additions Granted 08/11/92 CUP for church/school additions Granted SNYDER Agend, 05/14/91 CUP for church/school additions Granted 3 10/29/02 CUP for school additions Granted 4 06/09/98 CUP for communications tower Granted 01/14/97 CUP for communications tower Granted 5 02/24/98 CUP for motor vehicle rentals Granted 05/28/91 CUP for motor vehicle rentals Granted 6 1/11/05 Change of Zoning from R-7.5 Residential to Conditional B-2 Commercial Granted Public Aqencv Comments Public Works Master Transportation Plan (MTP): Virginia Beach Boulevard in the vicinity of this project is an eight (8) lane urban arterial. It is designated on the MTP as a 150 foot wide divided facility. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Virginia Beach 43,132 341940 — —1,800 ADT Boulevard ADT' 56,240 ADT Proposed Land Use 3- 1,800 ADT 'Average Daily Trips s as defined by existing motor vehicle sales and repair facility. 3as defined by expansion of display and parking lot — no change anticipated. Public Utilities Water: There is an eight (8) inch water main in Clearfield Avenue. No water is required for the proposed use. Sewer: There is a ten (10) inch sanitary sewer main and an eight (8) inch sanitary sewer force main in Clearfield Avenue. No sanitary sewer service is required for the proposed use. SNYDER Agend, 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 Adequate — no additional comments. Exhibit B Exhibit B - 2 Proposed Site Improvements in Area Requested for Zoning Change 1IMIROYACS-111-110(l) I1 SNYDER Agend, Exhibit E Disclosure Statement k. ,.:. AMILY TRUST hems#2aAd3 P 13 a Item #2 & 3 Snyder Family Trust Change of Zoning District Classification East side of Clearfield Avenue Modification of Conditions 5225 Virginia Beach Boulevard East side of Clearfield Avenue District 2 Kempsville February 9, 2005 REGULAR Joseph Strange: Our next item are Items #2 & 3, Snyder Family Trust, an application of the Snyder Family Trust for a Change of Zoning District Classification from R-7.5 Residential District to Conditional B-2 Community Business District on property located on the east side of Clearfield Avenue, approximately 600 feet south of Virginia Beach Boulevard and an application of the Snyder Family Trust for a Modification of Conditions for a Conditional Use Permit approved by City Council on October 23, 2001 on property located at 5225 Virginia Beach Boulevard and on the east side of Clearfield Avenue, approximately 600 feet south of Virginia Beach Boulevard in District 2, Kempsville. Morris Fine: Good afternoon Madame Chairman and the rest of the Commission. I'm Morris Fine and I represent the Snyder Family Trust. I think I have some good news for you. I spoke at length this morning with Ms. Roberts, who is the last resident of Clearfield Avenue. I've known her for the last several years because she was here previously when the Snyder/Checkered Flag had a rezoning for the property just to the east of her. At that time, she requested that a fence be put up and they would be landscaping and that was done to satisfy her. I spoke to her again this morning about whether or not she had any objection to the rezoning and the Conditional Use Permit that is going before you today, and she said "No," she did not. Checkered Flag had been good neighbors to her. I asked her specifically, I said, "Ms. Roberts, has there been any noise problem because of the adjacent use or has there been any lights that have caused you any problem", and she said "No". She said the only problem that she had was that there seemed to be some drainage on to her property, and I know that is being addressed to a degree with the present plan that we have going before us on this rezoning. So, actually what will happen is Ms. Roberts, who asked me whether or not it would affect her ability to stay there and I said "No", she will stay there. I might also tell you that the Snyder's have made generous offers to her, and she has told me that she wanted to move but lately she says she has arthritis, and she has been looking at nursing homes, and that has been her hang up. And, I said to her I said, "Would it be okay for me to tell the Planning Commission that you have no objection?" and she said that was fine with her. I represent that is what has occurred. I think we have here a method, on the staff s part to protect this one lady, and I understand that. But, I think we also understand that there is Item #2 & 3 Snyder Family Trust Page 2 complete trend that has changed the use of Clearfield Avenue from residential to commercial, and I would ask you to approve this change of zoning and also the Conditional Use Permit. I think it is compatible with what we have here and we will leave Mrs. Roberts and Ms. Roberts asked me whether or not we would or Checkered Flag would still have the offer out there that they have made to her. They've made substantial offers to her way above fair market value to buy her house. I said, "Yes Ms. Roberts." I can assure you that will be done and I told her as long as I'm around and still standing we will back up that offer to her. So, I think we've satisfied Ms. Roberts and I think that ought to satisfy the Commission. Dorothy Wood: Thank you Mr. Fine. Wouldn't it be nice if they were shoveling snow they would shovel hers or if they were cutting grass they would cut hers. Morris Fine: That would be nice. She is a very nice lady. Dorothy Wood: It would be very nice of them to do it. You might want to pass it along. Morris Fine: I'll ask them to do that Ms. Wood. Does anyone else have any questions? Dorothy Wood: Thank you Mr. Fine. We appreciate it. Morris Fine: You're very welcome. Dorothy Wood: Is there any discussion? Are there any motions? Eugene Crabtree: I think he answered all of our questions. I'd move that we approve the application as submitted. John Waller: I'll second. Dorothy Wood: Mr. Miller? Robert Miller: I need to abstain. My firm is working on the project. Dorothy Wood: Thank you. Janice Anderson: I would just like to make a comment on that. I think it is a little different with the rezoning where you leave one lot out. I had reservations about doing that but I think with Mr. Fine's explanation and the extra steps that they had taken, I would believe it in this respect that I would support it. Dorothy Wood: I also had reservation but after hearing Mr. Fine. Ronald Ripley: I'm respectful of the staff s comments on this. I think the write up is appropriate and trying to make sure we protect the neighborhood, but it is a neighborhood Item #2 & 3 Snyder Family Trust Page 3 in change and it's a real tough one. I don't know but they probably wrestled with this question also, I imagine before a final decision was made to make the recommendation to defer and try to get this to work out. I think, it sounds like Mr. Fine is trying to work it out, and they probably eventually will. So, I'm in agreement with the motion also. Dorothy Wood: Thank you. A motion was made by Gene and seconded by Ms. Katsias and Mr. Waller both. AYE 10 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE NAY 0 ABS 1 ABS ABSENT 0 Ed Weeden: By a vote of 10-0, the application of Snyder Family Trust has been approved with the abstention so noted. Dorothy Wood: Thank you Mr. Fine. Don't forget to cut the grass. In Reply Refer To Our File No. DF-6057 TO: FROM: Leslie L. Lilley William M. Macali O - CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: February 10, 2005 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; Checkered Flag/Snyder Family Trust The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 8, 2005. I have reviewed the subject proffer agreement, dated November 22, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/nlb Enclosure cc: Kathleen Hassen pThis Document Prepared by: Fine, Fine, Legum & McCracken, LLP THIS AGREEMENT made this 22nd day of November, 2004, by and between STEPHEN M. SNYDER, TRUSTEE OF THE SNYDER FAMILY TRUST and EVERGREEN VIRGINIA, L.L.C. a Virginia limited liability company, collectively referred to herein as Property Owner, and CHECKERED FLAG MOTOR CAR COMPANY, INC., a Virginia corporation, Lessee of Evergreen Virginia, L.L.C. and The Snyder Family Trust, herein collectively referred to as Grantors, party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Property Owner is the owner of certain parcels of property located in the Lynnhaven Borough of the City of Virginia Beach, more particularly described as follows: PARCEL ONE - GPIN 1467-66-1294-0000 ALL 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, being known, numbered and designated as Lot 21, as shown on that certain plat entitled,"REVISED PLAT OF CLEAR ACRES", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at page 57. PARCEL TWO - GPIN 1467-66-2165-0000 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon and appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 23, as shown on that certain lat entitled "REVISED PLAT OF CEDAR ACRES", said plat is duly recorded in the Clerk's Office of the Circuit Court of GPIN 1467-66-1294-0000; 1467-66-2165 & 1467-66-1069 Page 1 of 7 PARCEL THREE - GPIN 1467-66-1069 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 25, as shown on that certain plat entitled, "REVISED PLAT OF CLEAR ACRES, PRINCESS ANNE COUNTY, VIRGINIA,", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 13, at Page 57. said parcels hereinafter collectively referred to as the "Property"; and WHEREAS, the Grantors have initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to B-2 Community Business District (Conditional); and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantors' proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map Page 2 of 7 with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro -quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, Grantees, and other successors in interest or title: When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "Checkered Flag Parking Lot Expansion" dated 11/22/04, prepared by MSA, P.C., Virginia Beach, Virginia, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan") 2. When the Property is developed, it shall be landscaped substantially as depicted on the exhibit entitled "Checkered Flag Parking Lot Expansion", dated 11/22/04 prepared by MSA, P.C., Virginia Beach, Virginia, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter Landscape Plan") 3. The use of the Property shall be automobiles sales display area and/or accessory parking in accordance with a conditional use permit duly approved by the City Council of the City of Page 3 of 7 Virginia Beach. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the B-2 Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as 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 accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that such instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument Page 4 of 7 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 restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. Page 5 of 7 WITNESS the following signatures and seals: THE SNYD FILY TRUST ByS Trust Mne yder, Trustee EVERGREE RG IA, L.L.C. By Steph M. S der, Member/Manager CHECKERED TOR CAR COMPANY, INC. By Ez Ward 13. onq�lcr nt s �9he,4 M. s� y a , ✓,'e e �rls ; d e'ro - STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: 1, . /�> l U✓e_ , a Notary Public in and for the City and State aforesaid, do hereby certify at Stephen M. Snyder, Trustee of the Snyder Family Trust as as Member/Manager of Evergreen Virginia, L.L.C., whose name is signed to the forgig:;, instrument dated the -2 � day of November, 2004 did personally appear before me in•I ,,fig,' ` and State aforesaid and acknowledge the same to me. GIVEN under my hand and seal this o2-� day of November; 2004 a. Notary Public My commission expires: q 3d, �, Page 6 of 7 'nr :•�p�/L,y� rye STATE OF VIRGINIA 's/q'lei, " CITY OF VIRGINIA BEACH, to -wit: k/' e e �✓�s�"derma �` I, �� ��' % /`% , a Not /ublicin and for the City and State aforesaid, do hereby certify that ent of Checkered Flag Motor Car Company, Inc., a Virginia corporation whose name is signed to the foregoing instrument dated the 21 day of November, 2004 did personally appear before me in my City and State aforesaid and acknowledge the same to me. 7 wa GIVEN under my hand and seal this' day of November, 2004.i .• art Notary Public My commission expires: Page 7 of 7 `i z-, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Word of Life Family Worship Center — Conditional Use Permit (church) MEETING DATE: March 8, 2005 ■ Background: An Ordinance upon Application of Word of Life Family Worship Center for a Conditional Use Permit for a church on property located at 4726 Larkspur Square Shopping Center (GPIN 14762550910000). DISTRICT 2 — KEMPSVILLE ■ Considerations: The applicant proposes to establish a church in the shopping center. The center is a mix of neighborhood service type uses and restaurants. The church previously occupied Unit 4718 within this shopping center, in the early 1980s. The applicant relocated outside the area and has recently returned to the city. The applicant now wishes to reestablish the church at this location. The church currently has fifty (50) members. The church will conduct services on Sunday mornings at 10:00 AM, and Thursday evenings at 7:00 PM. A volunteer staff of four will work in the office Monday through Friday, 9:00 AM to 5:00 PM. The proposal for a church use is in keeping with the intent of the Comprehensive Plan recommendations for the Primary Residential Area. The church will be in a building within an existing shopping center with good traffic access. Church uses characteristically have a "non -rush hour" traffic pattern and are compatible with commercial land uses. The Planning Commission placed this item on the consent agenda because it is a compatible use within the shopping center and the surrounding area, there was no opposition, and staff recommended approval. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. All necessary permits and inspections and a certificate of occupancy for the change of use shall be obtained from the Department of Planning / Permits and Inspections Division before occupancy and use of the unit for a church. Word of Life Family Worship Center Page 2 of 2 2. Church attendance shall be limited to that which will be specified on the Certificate of Occupancy issued by the Department of Planning / Permits and Inspections Division as required by Condition One. 3. Parking for the use shall be established at one (1) space for every five individuals attending as determined under Condition 2. ■ 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: 1 - V-)-� WORD OF LIFE WORSHIP CENTER Agenda Item # 6 February 9, 2005 Public Hearing Staff Planner: Faith Christie The following report is prepared by the staff of the Virginia Beach Department of Planning to provide data, information, and professional land use recommendations to the Planning Commission and the City Council to assist them in making a decision regarding this application. �.. IMsP14-KAM. ,.Mft REQUEST: Conditional Use Permit request for a Church LOCATION: Property located at 4700 Larkspur Square Shopping Center (unit 4726) GPIN: COUNCIL ELECTION 14762550910000 2 - KEMPSVILLE DR©:OF t�'IFE ender Item:: # 6 P 1 �.s DISTRICT: SITE SIZE: 2.6 acres; the unit is 2,700 square feet EXISTING LAND USE: A strip retail / office center and parking occupies the site. SURROUNDING • Edwin Drive LAND USE AND • Kempsville Meadows Elementary School / R-10 ZONING: North: Residential • Princess Anne Road South: • Larkspur Middle School / R-10 Residential • Kempsville Meadows Elementary School and East: Larkspur Middle School / R-10 Residential • Princess Anne Road • Across Princess Anne Road are single-family West: dwellings / R-10 Residential NATURAL RESOURCE AND The site is entirely impervious, covered with building and parking. CULTURAL There are no natural resources or cultural features associated with FEATURES: the site. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary * f rt The applicant proposes to establish a church in the shopping center. The center is a mix of neighborhood service type uses and restaurants. The church previously occupied the site, Unit 4718, in the early 1980s. The applicant relocated out of the area and has recently returned to the city. The applicant now wishes to reestablish the church at this location. The church currently has fifty members. The church will conduct services on Sunday mornings at 10:00 AM, and Thursday evenings at 7:00 PM. A volunteer staff of four will work in the office Monday through Friday, 9:00 AM to 5:00 PM. a %Comprehensive ' �$• f r The Comprehensive Plan Map designates this area as Primary Residential Area. The land use planning policies and principles for the Primary Residential Area focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of the stable neighborhoods located in this area. In a general sense, the established type, size, and relationship of land use, residential and non-residential, located in and around these neighborhoods should serve as a guide when considering future development. AMM Staff Evaluation Staff recommends approval of this request. The proposal for a church use is in keeping with the intent of the Comprehensive Plan recommendations for the area. Churches are compatible both with residential and commercial land uses. The request is in a building within an existing shopping center with good traffic access. Church uses characteristically have a "non -rush hour" traffic pattern and are compatible with commercial land uses. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. All necessary permits and inspections and a certificate of occupancy for the change of use shall be obtained from the Department of Planning / Permits and Inspections Division before occupancy and use of the unit for a church. 2. Church attendance shall be limited to that which will be specified on the Certificate of Occupancy issued by the Department of Planning / Permits and Inspections Division as required by Condition One. 3. Parking for the use shall be established atone (1) space for every five individuals attending as determined under Condition 2. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. ai Y. Piz I A W e d MID .. Zoning History # I DATE REQUEST ACTION 1 4-26-82 Conditional Use Permit (Church) Approved 10-20- Conditional Use Permit (Church) Approved 80 2 9-25-90 Rezoning (R-10 Residential to B-2 Business) Denied 3 5-28-96 Conditional Use Permit (Home for the aged) Approved Public Agency Comments The proposed use will not adversely impact traffic safety or capacity. The site is connected to city water and sewer. Public Works Public Utilities 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: To be occupied as a place of assembly additional Building Code requirements must be met with regard to fire protection, tenant separation and the means of egress. A certificate of occupancy must be obtained from the "Building Official" prior to occupancy. Fire Code permits will be required at time of occupancy; contact the Fire Department for permit information. =i' Pill opmli Exhibit B Proposed Site Dlnn Exhibit C Unit Photograph Exhibit D -1 Disclosure Statement DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1, List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) jAioed 4T ord� woo -hip center aGOb M0t 7t %avio Mara" ieoollLr ft ma n Sec;. 2. List all businesses that have a parent -subsidiary' or affiliated business entityx relationship with the applicant: (Attach list if necessary) El 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) A-,+ko� ,f Gat nl i"�s4a Ca l ioi" 2. List all businesses that have a parent subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) Exhibit D - 2 Disclosure Statement DISCLOSURE STATEMENT t ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, inclining but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal Icy 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 sameperson 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 tyre is otherwise a close working relationship between the entities." See Mate and Local Government Conflict of Interests Act, Va. Code § 2.2-3101, CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled' public hearing according to the Instructions in this nackane jA: Mathn Print Name (fo 03 ?lure (if different than applicant) Print Name Conditional Use Permit Appiication pie 10 of 10 Revised 91112004 Item #6 Word of Life Family Worship Center Conditional Use Permit 4726 Larkspur Square Shopping Center District 2 Kempsville February 9, 2005 CONSENT William Din: Our next item is Item #6, Word of Life Family Worship Center. This is again, another church application for a Conditional Use Permit for a church on property located on 4726 Larkspur Square Shopping Center in the Kempsville District. Jacob Martin: Good afternoon. My name is Jacob Martin. I'm the senior pastor of the church. We have reviewed all of the conditions, and we agree with everything. We thank you for being on the consent agenda. William Din: There are three conditions on here from Planning. You've read all three? Jacob Martin: Yes sir. William Din: Okay. Thank you. Is there any objection to placing this item on consent agenda? If not, Mr. Miller would please speak to this issue. Robert Miller: Word of Life was a church that was in our area, and then, from what I understand, they left and have come back now, and this is a great renewing of that effort in our area. They're coming to a shopping center that is at the corner of Edwin Drive and Princess Anne Road, and will be pulling into one of the spaces of the shopping center. The parking needs that have been presented will be for ten parking spaces, and we feel this fits into the plan for the shopping center and for that area, it will be a good use for the community. William Din: Thank you Mr. Miller. The consent agenda item that I have for approval is Item #6, Word of Life Worship Center for a Conditional Use Permit for a church at 4726 Larkspur Square in the Kempsville District with three conditions. So I move to approve this consent agenda item. Dorothy Wood: Thank you. Do I have a second? Eugene Crabtree: Second. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE Item #6 Word of Life Family Worship Center Page 2 DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0 the Board has approved the consent agenda item. KAUFMAN 6 CANOLES I A Professional Corporation I Attorneys and Counselors at Law February 18, 2005 VIA FACSIMILE and U.S. Mail Honorable Ruth Hodges Smith City Clerk, City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Re: Tidewater Institute of Sports, LLC Beach District Dear Mrs. Smith: Ann K. Crenshaw 757 / 491-4044 akcrenshaw@kaufcan.com 757 / 491-4000 fax: 757 / 491-4020 Mailing Address: P.O. Box 626 Virginia Beach, VA 23451 2I01 Parks Avenue Suite 700 Virginia Beach, VA 23451 The above referenced application has been placed before the Honorable City Council on Tuesday, March 8, 2005 at 6:00 p.m. As the Applicant's Representative, I had specifically requested that the matter be placed on the March 22, 2005 City Council Agenda as I will be out of the country on March 81h. Please accept my sincere apologies for any inconvenience associated with this request. I would respectfully request that the matter be deferred to the March 22, 2005 City Council Agenda. Thanking you in advance for your kind consideration, I am Very truly yours, I "'', ' (J�x'o f Ann K. Crenshaw AKC/jgg Cc: The Honorable Richard Maddox Thomas E. Snyder, Esquire Tidewater Institue of Sports, LLC Ms. Barbara Duke, Department of Planning #80169254 ,1 Chesapeake Hampton Newport News Norfolk www.kaufmanandcanoles.com Richmond Williamsburg rk � NI: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Tidewater Institute of Sports, L.L.C. — Conditional Use Permit (recreational facility of an outdoor nature) MEETING DATE: March 8, 2005 ■ Background: An Ordinance upon Application of Tidewater Institute of Sports, L.L.C. for a Conditional Use Permit for a recreational facility of an outdoor nature on property located on the east side of Harpers Road, approximately 1080 feet north of Dam Neck Road (GPINS 24054531390000; 24057503860000; 24048796590000). DISTRICT 6 — BEACH ■ Considerations: The applicant has requested deferral of this item until March 22, 2005 due to the applicant's representative being unavailable on March 8. Recommended Action: Deferral to March 22, 2005. Submitting Department/Agency: Planning Department V� City Manager: � WhL Arap .1-x,9-10 ap Not to scale �r N t-2 q� 1-2 4 r' J ���r// WA AG-2 AG AG-1 Tidewater .institute of Shorts. LLG `6C AG-2 JJJ � I .IB:o - tay AG-1 AG-2" r7777"in;%%i /!1 AG-1 AG -I AG-1 ('1JP for Outdoor Recreation facility AG AG-1 ,1�}NVA'BFgt,� !�w o, �Y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Perfecting Saints — Conditional Use Permit (church) MEETING DATE: March 8, 2005 ■ Background: An Ordinance upon Application of Perfecting Saints Worship Center for a Conditional Use Permit for a church on property located at 620 Baker Road (GPIN 14682182260000). DISTRICT 2 — KEMPSVILLE ■ Considerations: The applicant intends to use the existing building primarily as a neighborhood social/community center, with the church services being held in the building on Wednesday and Sunday. The community center is a non-profit organization; the church is the sponsoring organization for the community center. It is the intent of the applicant to relocate the church services to a permanent sanctuary at another location once enough funds are raised and a suitable property is found. The community center will remain as a long-term use. The church requires a Conditional Use Permit; the community center where the church will be housed is an allowed use within the B-2 Community Business District under the category of private club/social center. This proposal is unique and will provide opportunities for entertainment, recreation and learning for the surrounding community. Some of the opportunities provided will include computer classes, music and art studios, theater workshops, after -school activities, game room and leadership training. The reuse of the existing commercial building for a church and community center generates considerably less impact to the abutting area than some of the more intense uses that would be allowed by right in the B-2 zoning district. In fact, the church use and associated community center will serve an identified need for organized recreation, community and social activities for a wide range of age groups within the surrounding neighborhoods. The building and associated parking can accommodate both the church and community center. Therefore, the use of this building for church meetings should not negatively impact on the adjacent shopping center. The Planning Commission placed this item on the consent agenda because it is an appropriate use for the site. Perfecting Saints Page 2 of 2 ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. Parking shall be provided for the church at the ratio of one parking space for every five seats in the primary meeting area during Sunday services. The Zoning Administrator shall conduct a yearly review of the parking situation to determine if there are any conflicts with the community center/church use. 2. The Conditional Use Permit for Indoor Recreation — Bingo, approved by City Council on 05/29/90, is no longer valid. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: F- • Ift PERFECTING SAINTS WORSHIP CENTER Agenda Item # 16 February 9, 2005 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. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Conditional Use Permit for a church Property located at 620 Baker Road 14682182260000 2 — KEMPSVILLE :M SITE SIZE: 32,900 square feet EXISTING LAND USE: Bingo Hall SURROUNDING . Auto repair business, Daycare facility / B-2 LAND USE AND North: Community Business District ZONING: . Auto service station / B-2 Community Business South: District • Shopping Center / B-2 Community Business East: District • Mini -Storage facility, Auto service station / B-2 West: Community Business District NATURAL RESOURCE AND CULTURAL The existing building and parking lot cover the majority of the site. FEATURES: There is very little landscaping on the site. AICUZ: The AICUZ zones surrounding NAS Oceana do not impact the site. Summary of Pronosa The applicant is proposing to use the existing building primarily as a neighborhood social/community center, with the church services being held in the building on Wednesday and Sunday. The community center is a non-profit organization; the church is the sponsoring organization for the community center. It is the intent of the applicant to relocate the church services to a permanent sanctuary at another location once enough funds are raised and a suitable property is found. The community center will remain as a long-term use. The church requires a Conditional Use Permit; the community center where the church will be housed is an allowed use within the B-2 Community Business District under the category of private club/social center. This proposal is unique and will provide opportunities for entertainment, recreation and learning for the surrounding community. Some of the opportunities provided will include computer classes, music and art studios, theater workshops, after -school activities, game room and leadership training. The existing building is 10,000 square feet in size. There are three parking areas associated with the building; together, these parking areas contain 138 spaces. The community center requires 1 space per 100 square feet, or 100 spaces. Therefore, there are 38 spaces that can be reserved for church use. Comprehensivean The Comprehensive Plan identifies this area as being part of the Primary Residential Area. The land use planning policies and principles focus strongly on preserving and protecting the overall character, economic value and aesthetic quality of stable neighborhoods. The Plan policies also support development proposals that fulfill a legitimate public need for compatible neighborhood support uses and activities. Staff recommends approval of this request. The reuse of the existing commercial building for a church and community center generates considerably less impact to the abutting area than some of the more intense uses that would be allowed by right in the B-2 zoning district. In fact, the church use and associated community center will serve an identified need for organized recreation, community and social activities for a wide range of age groups within the surrounding neighborhoods. The applicant has stated that it is the intent of the church to use this building as a meeting place until enough funds can be raised to find a suitable property for a permanent sanctuary. The building and associated parking can accommodate both the church and community center in this scenario. Therefore, the use of this building for church meetings should not negatively impact on the adjacent shopping center. Staff, therefore, recommends approval of this request with the following conditions. Condition 1. Parking shall be provided for the church at the ratio of one parking space for every five seats in the primary meeting area during Sunday services. The Zoning Administrator shall conduct a yearly review of the parking situation to determine if there are any conflicts with the community center/church use. 2. The Conditional Use Permit for Indoor Recreation — Bingo, approved by City Council on 05/29/90, is no longer valid. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Zoning History CUP for Church # DATE IREQUEST ACTION 1 05/29/90 Conditional Use Permit (Indoor Recreation -Bingo) Granted 2 11/20/89 Conditional Use Permit (Auto Repair) Denied 3 07/13/87 Conditional Use Permit (Auto Repair) Granted 4 12/12/86 Rezoning from R-5 Residential to B-2 Business Granted 02/27/01 Conditional Use Permit (Self -Storage) Granted 5 23/23/86 Conditional Use Permit (Auto Service) Granted PER Public Agency Comments Public Works Master Transportation Baker Road is not identified for any improvements on Plan (MTP) and Traffic the Master Transportation Plan. The use of the Generation: property for church services will not generate an increase in traffic over the commercial uses allowed by right within the B-2 Community Business District. Public Utilities Water: This site has an existing water meter, which may be used or upgraded Sewer: This site is already connected to City sanitary sewer. Sanitary sewer system and pump station analysis of station 340 is required to ensure any increased 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: A certificate of occupancy shall be obtained from the Building Official for the change of use. To be occupied as a place of assembly, additional building code requirements must be met in regards to fire protection and the means of egress. Fire code permits are required at time of occupancy; contact the Fire Department for permit information. Exhi&iA Exhibit B Proposed Site Plan P f17 �+I S Exhibit C Proposed Building and Sign Plan PERF gill InAl m �t ell PERF Exhibit E Disclosure Statement 4 g JING SALTS 9nda Item-' 1-6 Item # 16 Perfecting Saints Conditional Use Permit 620 Baker Road District 2 Kempsville February 9, 2005 CONSENT William Din: Our next item is one that we just added. It's Perfecting Saints. This is an application for a Conditional Use Permit for a church on property located at 620 Baker Road in the Kempsville District. We initially were going to hear this issue. We didn't have any objection to this so we placed it on consent. We would like the applicant to come forward and possibly speak on this issue a little bit. There are two conditions associated with this application. Anthony Taylor: Good afternoon. Madame Chairperson, ladies and gentlemen of the Commission, my name is Anthony Taylor. I'm a Board member of Perfecting Saints, and the home organization of the Newtown Cultural Life Center. We have read the Commission's report and accept your conditions. William Din: Thank you. Dorothy Wood: Would you tell us a little bit about this. We were going to hear this originally because some of the Planning Commissioners had expressed a desire to hear more about it. And, I know this is unusual on a consent item. But, I for one was very happy to hear of your proposal and I am wondering if you can just explain to us a little bit about your new center. I know it's a need in that area for the center. Anthony Taylor: Thank you very much Madame Chairperson. The pastor of Perfecting Saints is here. He is the leader of the Perfecting Saints and the Newtown Cultural Life Center. Would you like to speak with him? Dorothy Wood: Yes sir. We would like to. Even though it is on consent this is highly unusual. We just had some members who would like to hear a little bit more about it. Anthony Taylor: Right. We appreciate your time. Thank you. Dorothy Wood: Thank you sir. Good afternoon. Welcome. Pastor Joe Flores: Good afternoon. Thank you. I want to thank you for putting us on the consent agenda. I also want to thank the Planning staff for working with us. I won't take up much of your time. Let me just give you just two minutes worth of personal history. Ed Weeden: Identify yourself please for the record. Item # 16 Perfecting Saints Page 2 Pastor Joe Flores: My name is Pastor Joe Flores. Ed Weeden: Thank you. Pastor Flores: I'm the senior pastor of Perfecting Saints Worship Center and the President of the Newtown Cultural Life Center. Just about two minutes of personal history. I was actually born in Philadelphia, Pennsylvania in the inner city to a family of eight. I have four brothers and three sisters. I actually have four sisters and three brothers. Dorothy Wood: You have a large family sir. Pastor Joe Flores: Yes indeed. When I was very young, my mother due to an asthma condition moved to Florida. She ended up moving back after a year, back to Philadelphia. That is an important factor to remember. When we moved back, my oldest brother was shot in the stomach three times. He fell in the middle of the street, got himself together, stood up, tagged himself a taxi, and took himself to the hospital. He survived. A couple of weeks after that, my next older brother went to the store to get a cheese steak for my mother. He came back with a knife in his back. When she opened the door he fell flat on the floor. My mother called a man that she had met in Orlando, Florida, and she said there is a lot of gang violence up here. I'm worried about Joe, and I was wondering if he could live with you for the rest of the school year so I can get him out of the gang situations in Philadelphia. This was in November. He was a white businessman in Orlando, Florida. He owned a chain of television and appliance stores. He said send him down. He can stay with me for the remainder of the school year, he and his family. He was married with three kids himself. Four months after I was sent there, my mother died. He sent me back to Philadelphia. They lined us up at the funeral, and after the funeral was over, and various family members began to pick who was going to keep who, everybody got picked but me. As I was standing there they said what are we going to do with Joe? I don't know. Somebody said send him back to Florida. So, they did. The man who then took me and adopted me closed all of his stores. He took the last store, which was about a 10,000 square foot building, and he turned it into a community center. I began working at that community center when I was 11 years old. I would leave school and go directly to the community center. At 12 years old, I had a very profound religious experience. I experienced what most people would come to understand to be a call to the ministry. I was 12. I believed it was true. I didn't think it was macaroni and cheese. I really believed that I was called. By the time I was 15, I was licensed as a minister in the State of Florida. By the time I was 16, I was the first youth counselor for that community center and by the time I was 19, I was the staff director. Community center work and outreach work in urban communities has been what my life has been about. I just didn't get a good idea. This is what I was raised doing. I was raised in a community center. I was raised reaching out to young people. I was raised talking to guys who didn't have a whole lot of choices, and some of them didn't have a whole lot of opportunities. Some of them didn't have a whole lot of education but we were able to make some interventions in that time. I say all that to say that what we are doing now it wasn't something that we Item # 16 Perfecting Saints Page 3 just decided lightly. Actually, it was just an outgrowth of who we are. It is not just myself, but there are hosts of people. I just want to really quick. I promise I won't keep you another 2 minutes but that's a preacher two minutes. Peggy Britt is my Assistant Pastor. She is also on the Board of the Newtown Cultural Life Center. Nobody will tell you anything different. She is a legend in this area in gospel music. I think she is secret to many people who are in the Hampton Roads because she has two nationally recorded CD's out that is played all over the world. I had one of my members go to Iraq. As a matter of fact, he's here. Wherever he was. He called and said, Pastor, you wouldn't believe this. He said Peggy Britt's CD is right here in this store right here in Behrain. Stand up Peggy. She is going to be the music director for the Newtown Cultural Life Center. This young man here, stand up Carlton. Carlton has been working with young people for over 15 years. He's a baseball and football coach. I don't know how often his team wins but he tries hard. Monique Taylor is a teacher at the Coastal Christian Academy. We have a program called Y Moms? It means young mothers on a mission to succeed. That program is designed to provide mentoring, life skill training, coaching to teenage mothers. You know, when you are 16 and you have a baby and it's happening more frequently, and when you are 30 and you have a baby you don't always know what to do. But when you are 16 and you have a baby and there is no support system, you need some help. Monique Taylor is going to be coordinating that program. Who am I missing? Sitting right next to her is Angela Proffitt. Angela Proffitt is going to be our theater director. She is a drama and theater teacher also at Coastal Christian Academy. Am I correct on that? All these people came prepared to tell you and explain to you in detail what each one of these programs do. If you want to go through that it would be a nice afternoon. Dorothy Wood: Thank you very much Pastor. I'm sure there is a time we would all like to hear that. If you could just have everyone stand up sir? Pastor Joe Flores: I brought my accountant. Dorothy Wood: That's wonderful. Thank you all for coming. We certainly appreciate it. We appreciate the good work you all are doing. I work over in that area with another group and I do appreciate your coming. Pastor Flores: I was just getting warmed up actually. Dorothy Wood: We'll come Sunday morning to hear you. Pastor Joe Flores: I want to thank Barbara Duke. She has been a tremendous help. Dorothy Wood: Barbara, do you want to stand up? Pastor Joe Flores: She has been a tremendous help to us in the information. She has been very accurate. She didn't tell me to tell you this but I think she should get a raise. Item # 16 Perfecting Saints Page 4 Dorothy Wood: Thank you Pastor very much. William Din: There is no objection to placing this on consent? However, we do have like ten speakers on this issue and if the speakers want to speak, we'll probably have to hear it in its proper line up that is why we placed it on consent. If you do want to speak on this item we will have to hear it in it's proper order. Dorothy Wood: Way late this afternoon. Anthony Taylor: We sincerely appreciate the Commission's patience and we thank you very much. Dorothy Wood: Thank you sir. I think Ron wants to talk about it. Ronald Ripley: The whole purpose of wanting to hear it was just to hear what you just said. We wanted to make sure that we understood exactly what was going there because there is such a need for it in the community. We just want it be successful. I think that is what it is going to be. It's very encouraging. We wish you the very best. William Din: The consent agenda item that I have for approval is Item #16, Perfecting Saints. This is a Conditional Use Permit for a church on property located at 620 Baker Road in the Kempsville District with two conditions. So I move to approve this consent agenda item. Dorothy Wood: Thank you. Do I have a second? Eugene Crabtree: Second. AYE 11 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE ABS 0 ABSENT 0 Ed Weeden: By a vote of 11-0 the Board has approved the consent agenda item. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Garden of the Pines — Conditional Use Permit (pet crematory) MEETING DATE: March 8, 2005 ■ Background: An Ordinance upon Application of Garden of the Pines for a Conditional Use Permit for a pet crematory on property located at 2685 Salem Road (GPIN 14834918780000). DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant is proposing to operate a pet crematorium as an additional use to the long-established pet cemetery on this site. The Garden of the Pines Pet Memorial currently employs one full-time employee and one part-time employee. The cemetery occupies four parcels that total approximately 14.5 acres. Hours of operation for the crematorium are proposed as 8:00 a.m. to 5:00 p.m. Monday through Saturday. The equipment will be housed in an existing 12 foot by 16 foot building with a reinforced cement floor. The building meets all required yard setbacks. The proposed crematorium will provide a helpful service to the surrounding community. According to the manufacturer, the crematory unit will produce no odor, excessive noise or other environmental impact that will affect neighboring properties. The Planning Commission placed this item on the consent agenda because it is an additional compatible use to an established pet cemetery, no one appeared in opposition, and staff recommended approval. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: The crematory unit shall be located in the area shown on the submitted physical survey dated October 2, 1995. Specifications for the unit, to include details on the emission and odor controls, shall be submitted to the Planning Department prior to obtaining a building permit to install the unit. Garden of the Pines Page 2 of 2 2. The applicant shall receive approval from the Fire Marshall's office, if required, for any above ground fuel storage tanks. 3. Carcasses shall be contained in airtight bags and placed in a freezer until cremation and must be cremated within 48 hours of their delivery to the site. ■ 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: Imo- c� GARDEN OF THE PINES Agenda Item # 17 February 9. 2005 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 ITforn-atkw" REQUEST: Conditional Use Permit for pet crematorium LOCATION: GPIN: COUNCIL ELECTION DISTRICT: SITE SIZE Property located at 2685 Salem Road 14834918780000 7 — PRINCESS ANNE 30,000 square feet GARDEN n g da Item �:,17 Pae .1 EXISTING LAND USE: Pet Cemetery SURROUNDING North: • Forested land / AG-2 Agriculture District LAND USE AND South: • Forested land / AG-1 Agriculture District ZONING: East: • Single-family homes/AG-2 Agriculture District West: • Single-family homes/AG-2 Agriculture District NATURAL RESOURCE The site is mostly open field with scattered clusters of pine trees. AND There is a residential structure on the site that is used as the office CULTURAL for the pet cemetery and there are three sheds located in the rear of FEATURES: the structure. AICUZ: The site is in an AICUZ of 70 to 75 dB Ldn surrounding NAS Oceana. The proposed use does not conflict with AICUZ land use compatibility recommendations for this noise zone. Summary Pro ia The applicant is proposing to operate a pet crematorium as an accessory use to the long-established pet cemetery on this site. The Garden of the Pines Pet Memorial currently employs one full-time employee and one part-time employee. The cemetery occupies four parcels that total approximately 14.5 acres. Hours of operation for the crematorium are proposed as 8:00 a.m. to 5:00 p.m. Monday through Saturday. The equipment will be housed in an existing 12 foot by 16 foot building with a reinforced cement floor. The building meets all required yard setbacks. Comprehensive Plan The Comprehensive Plan Map depicts this area of the city as Princess Anne (Transition Area), planned for appropriate growth opportunities consistent with the economic vitality policies of the City of Virginia Beach. This area serves as a land use buffer between the urban northern portion of the city and the rural southern portion of the city. Land uses and densities within this area should not be a continuation of either form but a transition from one to the other. Staff Evaluation Staff recommends approval of this request. The proposed crematorium will operate as an accessory use to the long-established pet cemetery that provides a helpful service to the surrounding community. According to the manufacturer, the crematory unit will produce no odor, excessive noise or other environmental impact that will affect neighboring properties. Staff, therefore, recommends approval of this request with the following conditions. Conditions 1. The crematory unit shall be located in the area shown on the submitted physical survey dated October 2, 1995. Specifications for the unit, to include details on the emission and odor controls, shall be submitted to the Planning Department prior to obtaining a building permit to install the unit. 2. The applicant shall receive approval from the Fire Marshall's office, if required, for any above ground fuel storage tanks. 3. Carcasses shall be contained in airtight bags and placed in a freezer until cremation and must be cremated within 48 hours of delivery. NOTE: Further conditions may be required during the administration of applicable City Ordinances. The site plan submitted with this conditional use permit may require revision during detailed site plan review to meet all applicable City Codes. Conditional use permits must be activated within 12 months of City Council approval. See Section 220(g) of the City Zoning Ordinance for further information. Zoning History DATE IREQUEST ACTION 1 03/25/85 Conditional Use Permit (pet cemetery) Granted 2 08/13/91 Conditional Use Permit (church) Granted 01/13/98 Conditional Use Permit (private school) Granted 3 11/28/88 Subdivision Variance Granted 4 02/10/04 Conditional Change of Zoning (AG-1 and AG-2 Agriculture to R-20 Residential / Open Space Granted Promotion) GARDEN;QF'THE PINES s Agenda Item,17 P. 4 03/23/04 Reconsidered and Indefinitely Deferred Public Agency Comments Public Works Master Transportation Plan (MTP): Salem Road is identified as a 150 foot wide right of way on the Master Transportation Plan. The right of way along the frontage of this site measures 40 feet. Up to 50 feet of additional right of way could be acquired from this site in the future to accommodate the new roadway. The buildings located on the site are setback at least 100 feet from the existing roadway and will not interfere with the future roadway alignment. Water: I There is no public water serving this site. Sewer: I There is no public sanitary sewer serving this site. Public Utilities 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: Installation of the crematorium unit will require a building permit. Owner/occupant shall contact the Fire Marshal's office to determine additional requirements for above ground fuel sources, will require vehicle barrier protection. All other fire department concerns will be addressed through the building permit process. GARDEN PHYSICAL SURVEY Ar Nu WIT: ff Exhibit B Proposed Site Plan JAIR I OUVER Fri TT BLP200175 RETORT n 0 GARDEN Exhibit C Exhibit D - 1 Disclosure Statement 0 LI k > to - 0 Eiji as evil; Pall, lot M ig a law Exhibit D - 2 Disclosure NOIIV)rIddY IIWUHd HSfl UNOUICA _'W .Statement 5, 3; p GARDEN S$ Item #17 Garden of the Pines Conditional Use Permit 2685 Salem Road District 7 Princess Anne February 9, 2005 CONSENT William Din: Our next item is Item #17. Item #17 is Garden of the Pines. This is an application for a Conditional Use Permit for a pet crematory located on 2685 Salem Road in the Princess Anne District and there are three conditions. Brenda Stevens: Good afternoon. My name is Brenda Stevens. I'm President of the Garden of the Pines Board of Directors. We've read the conditions and we agree. Thank you putting us on the consent. William Din: Is there any objection to placing this item on consent? Don Horsley is going to speak on this issue. Donald Horsley: Before we had a very lively application to speak on but I'm on the other end of the spectrum. But anyway, this application is for an addition of a crematorium for the pet cemetery that has been there and I don't know how many years it has been there for as long as I can remember and that is about 40 years and Barry is a little bit older than that and he says it was there when he was born. Anyway, this is an accessory use to this well -established pet cemetery. We think we've been provided information that there will be no odor or no excessive noise from the impact of this being placed on this property. We had one concern about the odor but we think that has been well addressed. So that is why we continued to put it on the consent agenda. The staff had a favorable recommendation for it. So therefore, we think it deserves consent agenda status so we put it on there. William Din: The consent agenda item that I have for approval is Item #17, Garden of the Pines for a Conditional Use Permit for a pet crematory on property located at 2685 Salem Road in the Princess Anne District and it has three conditions. So I move to approve this consent agenda item. Dorothy Wood: Thank you. Do I have a second? Eugene Crabtree: Second. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE Item # 17 Garden of the Pines Page 2 DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE WOOD AYE Ed Weeden: By a vote of 11-0 the Board has approved the consent agenda item. Dorothy Wood: Thank you so much. Thank you all for coming. February 9, 2005 To: The Planning Commission From: Gail & Paul Thompson Subject: Application for pet crematorium on Salem Road My name is Gail Thompson, and my husband and I live at 2709 Salem Road. We own the property immediately to the south of the pet cemetery. We oppose the application for the crematorium, based on the negative impact it would have on the value of our property. Our property is already affected by the pet cemetery, because of various items being blown and/or dumped on our property, in the wooded area to the rear. We do not need the additional problem of odor from a crematorium. Despite the claims of crematorium operators and equipment sellers, there is an odor problem. From an internet search I conducted, Jack Boulware, in an article to the San Francisco Gate, said that as he was walking through the pet cemetery, he smelled the "unmistakable odor of something burning". Also, a retired maintenance worker who repaired incinerators at Michigan State University which were used for cremating horses and cows, said that he remembers the smoke and odor, especially when they broke down. "I'm telling you, you can smell them", he said. We strongly urge the denial of this application. Sincerely, Gail E. Thompson Paul R. Thompson K. 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