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MARCH 22, 2005 AGENDACITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 HARRYE. DIEZEL, Kempsville - District 2 ROBERT M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W. SCHMIDT, At -Large RONA. VILLANUEVA, At -Large ROSEMARY RMSON, At -Large JAMESL. WOOD, Lynnhaven -District S CITYMANAGER - JAMES K SPORE CITYATTORNEY- LESLIEL. LILLEY CITYCLERK- RUTHHODGESSMITH, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 22 MARCH 2O05 CITY HALL BUILDING 2401 COURTHOUSEDRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com I. CITY MANAGER'S BRIEFING - Conference Room - 2:OOPIVL A. STRIVING FOR EXCELLENCE James K. Spore, City Manager 1 II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - 3:00P211 A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00PA1 A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Mark Reuter Foundry United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS March 8, 2005 G. MAYOR'S PRESENTATION 1. Resolution in Recognition of Steven T. Thompson, Chief Financial Officer H. PUBLIC HEARING 1. FY 2004-05 OPERATING BUDGET Supplemental FEMA/VEMS Appropriation — Hurricane Isabel Cleanup 2. JOINT LAND USE STUDY (JLUS) I. AGENDA FOR FORMAL SESSION J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND § 18-75 of the City Code for business licenses re the definition of "contracting ". 2. Resolution REQUESTING Governor Warner VETO Senate Bill 1054 re offshore natural gas surveying, exploration, development and production. 3. Ordinance to AUTHORIZE the City Manager to execute an agreement with the Virginia Department of Transportation (VDOT) for the widening of Volvo and Lynnhaven Parkways to four lanes with soundwalls between the Heald Way intersection and the City line. 4. Ordinance to RE-ESTABLISH parking fees at the Camp Pendleton Parking lot (Croatan). (DISTRICT 6 — BEACH) 5. Ordinance to AUTHORIZE a temporary encroachment into a portion of the right-of-way at 601 Sandbridge Road by JOHN W. and JEAN F. SIEBERT to maintain an existing identification sign for Siebert Realty. (DISTRICT 7 — PRINCESS ANNE) 6. Ordinance to ACCEPT $13,896,735 from the from the Federal Emergency Management Agency (FEMA), $3,817,906 from the Virginia Emergency Management; and, APPROPRIATE these funds plus an additional $2,468,839 from the 2004-05 operating budget to cover remaining costs not reimbursed from FEMA nor the State re cleanup from Hurricane Isabel. 7. Ordinance to TRANSFER $238,282 from the Sandbridge Fire and Rescue Station, $300,000 from the Thalia Fire and Rescue Station, $121,718 from the General Booth Fire and Rescue Station; and, APPROPRIATE $60,000 from the Fire Programs Special Revenue Fund to the First Landing Fire and Rescue Station re the construction of a fourth bay and a training tower. L. PLANNING Application of RICHARD K. and LILLIAN M. BOLEN for the discontinuance, closure and abandonment of an unnamed, unimproved right-of-way on Ewell Road at Dunston Lane and Delray Drive to provide fee simple title to the centerline of the street with an adjacent neighbor. DISTRICT 4 — BAYSIDE RECOMMENDATION: t O�Its 2. Application of TIDEWATER INSTITUTE OF SPORTS, L.L.C. for a Conditional Use Permit re a recreational facility of an outdoor nature (training and tournament facility for the Virginia Rush Soccer Club) at Harpers Road and Dam Neck Road. (DISTRICT 6 — BEACH) DEFERRED: RECOMMENDATION: March 8, 2005 APPROVAL M 3. Application of UNION BAPTIST CHURCH to MODIFY a Conditional Use Permit (approved by City Council on October 17, 1995) to allow the church a three (3) story mezzanine building and expand the church at 4608 South Boulevard. DISTRICT 3 — ROSE HALL RECOMMENDATION: APPROVAL 4. Application of GENERAL RENTAL CENTER for a Conditional Use Permit re motor vehicle rental and bulk storage at 616 Village Drive. DISTRICT 6 — BEACH RECOMMENDANTION: APPROVAL 5. Application of JUDITH M. COFIELD for a Conditional Use Permit re a private residential kennel at 1349 Sycamore Road. DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 6. Application of WEDGEWOOD ASSOCIATES, L.L.C., for a Change of Zoning District Classi ication from A-12 Apartment District to Conditional A-24 Apartment District with a PD-H2 Planned Development Overlay District on Bonney Road, Dolton Drive and Alicia Drive DISTRICT 2 — KEMPSVILLE RECOMMENDATION: DEFER TO APRIL 5, 2005 7. Application of NELIN BROTHERS fora Chango Zoning District Classification from R-20 Residential District to Conditional 0-1 Office District at 2122 General Booth Boulevard. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION: 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 Open Space Subcommittee Parks and Recreation Commission Performing Arts Theatre Advisory Committee Personnel Board The Planning Council Towing Advisory Board INDEFINITE DEFERRAL N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 4274303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) Agenda www.vbzov.com 03/17/2005\gw IV. INFORMAL SESSION - Conference Room - 3:00PM 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:OOPIVL A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Mark Reuter Foundry United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS March 8, 2005 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded here and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia Law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. G. MAYOR'S PRESENTATION 1. Resolution in Recognition of Steven T. Thompson, Chief Financial Officer H. PUBLIC HEARING 1. FY 2004-05 OPERATING BUDGET Supplemental FEMA/VEMS Appropriation — Hurricane Isabel Cleanup JOINT LAND USE STUDY (JLUS) PUBLICNU I ICE OF i Amendment to the FY 2004-05 Operating Budget: Supplemental Appropriation of $20,183,480 for costs associated with Hurricane Isabel clean►ap. The Virginia Beach City Council will hold a Public Hearing at 6:00 P.M. on Tuesday, March 22, 2005, in the City Council Chamber; City Hall Building (Building 1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia regarding a proposed amendment to the FY 2004-2005 Operating Budget. The amendment proposes. a supplemental appropriation of $13,896,735 in Federal funds, $3,817,906 in State funds and $2,468,839 of Fund Balance from the General Fund. The Federal Emergency Management Agency and the Virginia Department of Emergency Services provided $17,714,641 for reimbursement of eligible expenses related to Hurricane Isabel cleanup, leaving the City to pay the remaining $2,468,839. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 427-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 427-4303. Hearing impaired, call Virginia Relay at 1-800-828- 1120. Ruth Hodges Smith, MMC City Clerk Town Meeting on Land Use Blear NAS Oceana The City of Virginia Beach has been participating in a regional Joint Land Use Study OLUS) with the cities of Chesapeake, Norfolk and the U.S. Navy. City and Navy officials have been working together to refine JLUS ideas and develop a mutual understanding for addressing land use issues affecting NAS Oceana. All options for condemn- ing or purchasing homes,in Accident Potential Zones (APZ) have been eliminated. The following schedule will be used to inform the public and City Council on the status and progress of these discussions: .. Tuesday, March 15, 6 p.m. Presentation at a City Council Workshop (broadcast on VBTV 48) Municipal Center, Building 1, second floor Thursday, March 17, 6:30 p.m. Town Meeting/ Public Comment, Advanced Technology Center 1800 College Crescent, Virginia Beach . Tuesday, March 22, 6 p.m. Public Hearing at Formal City Council Meeting (broadcast on VBTV 48) Municipal Center, Building 1, second floor After March 15, the revised JLUS ideas will a,a•-F..� . be.aCilable on the city> s Web site at OVA• "a' O ,;�;� � •:zz http://www.vbgov.com/city_hall/hot_topics/4L or by calling the Planning Department at 427-4621. AGENDA FOR FORMAL SESSION J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to AMEND § 18-75 of the City Code for business licenses re the definition of "contracting ". 2. Resolution REQUESTING Governor Warner VETO Senate Bill 1054 re offshore natural gas surveying, exploration, development and production. 3. Ordinance to AUTHORIZE the City Manager to execute an agreement with the Virginia Department of Transportation (VDOT) for the widening of Volvo and Lynnhaven Parkways to four lanes with soundwalls between the Heald Way intersection and the City line. 4. Ordinance to RE-ESTABLISH parking fees at the Camp Pendleton Parking lot (Croatan). (DISTRICT 6 — BEACH) 5. Ordinance to AUTHORIZE a temporary encroachment into a portion of the right-of-way at 601 Sandbridge Road by JOHN W. and JEAN F. SIEBERT to maintain an existing identification sign for Siebert Realty. (DISTRICT 7 — PRINCESS ANNE) 6. Ordinance to ACCEPT $13,896,735 from the from the Federal Emergency Management Agency (FEMA), $3,817,906 from the Virginia Emergency Management; and, APPROPRIATE these funds plus an additional $2,468,839 from the 2004-05 operating budget to cover remaining costs not reimbursed from FEMA nor the State re cleanup from Hurricane Isabel. 7. Ordinance to TRANSFER $238,282 from the Sandbridge Fire and Rescue Station, $300,000 from the Thalia Fire and Rescue Station, $121,718 from the General Booth Fire and Rescue Station; and, APPROPRIATE $60,000 from the Fire Programs Special Revenue Fund to the First Landing Fire and Rescue Station re the construction of a fourth bay and a training tower. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code § 18-75 Pertaining to Business - Licenses by Updating the Definition of "Contracting" MEETING DATE: March 22, 2005 ■ Background: As authorized by state law, the City of Virginia Beach imposes a business license tax. The tax is imposed on most businesses, including contractors, and the City Code, at § 18-75, defines what activities are considered "contracting." ■ Considerations: The proposed ordinance updates an existing definition of "contracting" in City Code § 18-75(b). Specifically, the new proposed language for this subsection addresses the business activity of selling improved real estate and incorporates simpler language from the Department of Taxation's 2000 "Guidelines for Business, Professional and Occupational License Tax' and provides that those individuals who subdivide, develop and/or improve real estate for resale are classified as "contractors" and are responsible for the requisite business license tax. ■ Public Information: The ordinance is to be advertised as a routine City Council agenda item. ■ Recommendation: Approval ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Commissioner of the Revenue f rv--- City Manager. lL H:\PA\GG\ORDRES\ARF'S\Contractors BPOL ARF.doc 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING 2 TO BUSINESS LICENSES BY UPDATING THE 3 PROVISIONS CONCERNING CONTRACTORS 4 SECTION AMENDED: § 18-75 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 18-75 of the City Code is hereby amended and 8 reordained, to read as follows: 9 Sec. 18-75. Contractors and per-sens eens rueting-uses fer 10 -subsequent sale -ei rental. a l. 11 (a) Subject to the provisions of section 58.1-3715 of the 12 Code of Virginia, the license tax rate for every person engaged in 13 any contracting service business shall be 0.16 percent of the gross 14 receipts in such business during the preceding calendar year. 15 Contract service businesses referred to in this subsection shall 16 include those businesses set out below and any miscellaneous 17 contract service business not elsewhere classified: 18 (1) General building contractors. 19 (2) Highway and street construction. 20 (3) Heavy construction. 21 (4) Special trade contractors: 22 a. Plumbing, heating and air-conditioning. 23 b. Painting, paper hanging and decorating. 24 C. Electrical. 25 d. Masonry, stone setting and other. 26 e. Stonework. 1 27 f. Plastering and lathing. 28 g. Terrazzo, tile, marble and mosaic work. 29 h. Carpentering. 30 i. Floor laying and other floorwork. 31 j. Roofing and sheet metal work. 32 k. Concrete work. 33 1. Structural steel erection. 34 M. Ornamental metal work. 35 n. Glass and glazing work. 36 0. Excavating and foundation work. 37 p. Wrecking and demolition work. 38 q. Removing contents of privies, cesspools, septic 39 tanks and other similar facilities. 40 (b) Any persen engageein the business--ef e- ing—ate heuses 41 , 42 43 selling the same, 44 45 by law, all Persons who subdivide and improve real estate, and 46 speculative builders who build houses or other buildings with the 47 intention of offering the subdivided lots or completed buildings 48 for sale, shall be considered contractors and pay e the license tax 49 as provided in subsection (a) of this section f-e= = per _n ngage� 50 in business as a eentraeter on the gross receipts from the sale of 2 51 the real estate or building(s); provided, however, if such person 52 maintains ownership of such structure and rents or leases rooms or 53 space in such structure, then the license tax rate for such person 54 shall be 0.16 percent of the actual cost of construction. No 55 license for the conduct of such business shall be transferred. 56 (c) Every person licensed under this section shall, within 57 thirty (30) days from the issuance of a building permit, furnish 58 the commissioner of revenue, on forms provided by him, the amount 59 of each subcontract, along with the names and addresses of all 60 subcontractors to be employed in the construction of the work 61 encompassed by such permit. Failure to comply with the provisions 62 of this subsection shall constitute a basis for the revocation of 63 the building permit and suspension of all work under such permit. 64 COMMENT 65 The existing language in City Code § 18-75(b) concerning contractors is clarified by 66 incorporating the language from the definition of contracting contained in the Virginia Department of 67 Taxation's "Guidelines for Business, Professional and Occupational License Tax." 68 Adopted by the City Council of the City of Virginia 69 Beach, Virginia, on this day of , 2005. APPR D a&AS TO CONTENTS: Approved as to Legal Sufficiency ' '— &� "O�, (,X0e;j or Commissio f the Revenue -rnenX T Office CA-8958 DATA/ORDIN/PROPOSED/18-075ord2.wpd R6 March 1, 2005 3 z, � JJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Requesting Governor Warner Veto Senate Bill 1054 Pertaining to Offshore Natural Gas Surveying, Exploration, Development and Production MEETING DATE: March 22, 2005 is Background: The Virginia General Assembly has approved Senate Bill 1054 which directs the Virginia Liaison Office to work with the Virginia Congressional Delegation and federal executive agencies to develop, support, and enact federal legislation or take appropriate federal executive action in support of the proposed federal State Enhanced Authority for Coastal and Offshore Resources Act (SEACOR), or similar legislation. This federal legislation is intended to allow for state -by -state exemption to a national moratorium that expires in 2012 for any surveying, exploration, development or production of potential natural gas deposits that are under federal jurisdiction (3 to 200 miles) outside a state's territorial sea (3 mile) limit. Senate Bill 1054 would further prohibit any drilling or other exploratory activity within the Chesapeke Bay. If signed by the Governor into law, Senate Bill 1054 will reverse a longstanding position at the local, regional, and national level of opposition to new offshore drilling activities along the Atlantic outer continental shelf. Other states which have officially gone on record, to date, opposing what Senate Bill 1054 would allow include Florida, South Carolina, and North Carolina. The passage of Senate Bill 1054 into law would send a very significant message that Virginia has reversed its position regarding offshore drilling activity and could encourage the lifting of the bipartisan position that has been in place for many years by both Congressional and Presidential moratoria. It would also place Virginia in official opposition to neighboring southeastern states and weaken the moratorium that is currently in place. It is important that the City's position be made known to the Governor as soon as possible in order to ensure that Senate Bill 1054 is dealt with in a responsible manner. ■ Considerations: While particular impacts cannot be determined, the range of general anticipated impacts from offshore drilling activity could include increased industrial and commercial marine vessel traffic out of Hampton Roads providing service to exploratory, surveying and exploration activity; construction of drilling platforms and rigs located to within 3 miles of the Atlantic shoreline; construction of natural gas pipelines, support facilities, and staging terminals at various shoreline locations in Hampton Roads; increased maritime industry activity in support of drilling activities at area shipyards; and potentially adverse impacts to estuarine and marine aquatic organisms, migratory waterfowl, and the general marine environment. Other impacts could include adverse aesthetic and visual impairment to the resort area, with potential for negative impacts on the local resort tourism economy. The Hampton Roads Regional Planning District Commission (HRPDC) has previously taken a position in opposition to offshore drilling (explanation attached). ■ Attachments: Resolution requesting Governor Warner veto SB 1054 City Staff Fact Sheet Senate Bill 1054 House Joint Resolution 625 Letter from Mayor Oberndorf to Governor Warner Package of letters, position statement and agenda material from HRPDC Draft letter to Governor Warner pending Council action on March 22, 2005 Recommended Action: Consideration of Resolution Submitting Department/Agency: Mayor Meyera Oberndorf and Councilmember Peter Schmidt City Manager: 1 REQUESTED BY MAYOR MEYERA E. OBERNDORF AND COUNCILMEMBER 2 PETER W. SCHMIDT 3 4 5 A RESOLUTION REQUESTING GOVERNOR WARNER TO 6 VETO SENATE BILL 1054, PERTAINING TO 7 OFFSHORE NATURAL GAS SURVEYING, EXPLORATION, 8 DEVELOPMENT AND PRODUCTION 9 10 WHEREAS, both houses of the General Assembly have 11 passed Senate Bill 1054, which directs the Virginia Liaison 12 Office to work with the members of the State Congressional 13 Delegation and executive agencies to develop, support, and 14 enact federal legislation or take appropriate federal 15 executive action to provide an exemption to the current 16 federal moratorium that prevents, until 2012, any surveying, 17 exploration, development, or production of potential natural 18 gas deposits in areas off the Commonwealth's Atlantic shore 19 that are under federal jurisdiction; and 20 WHEREAS, if granted, the requested exemption to the 21 moratorium will permit mapping, surveying, exploration, 22 development and production of offshore deposits of natural 23 gas; and 24 WHEREAS, while there may be potential benefits to 25 allowing offshore gas development, there are also serious 26 potential adverse environmental impacts which may result; and 27 WHEREAS, in light of its location along the Atlantic 28 Ocean and the need to maintain the cleanliness of its beaches 29 and waters as an economic and social imperative, the City of 30 Virginia Beach is particularly vulnerable to any adverse 31 effects of offshore gas development that may result; and 32 WHEREAS, as originally introduced in the General 33 Assembly, Senate Bill 1054 contemplated only exploratory 34 activities intended to provide information regarding the 35 potential of economically -recoverable offshore natural gas 36 deposits of natural gas, rather than actual development of the 37 same; and 38 WHEREAS, the General Assembly's consideration of 39 Senate Bill 1054 did not include adequate- study or 40 consideration of the potential adverse effects of offshore gas 41 development; 42 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 43 THE CITY OF VIRGINIA BEACH, VIRGINIA: 44 That as a means of providing that affected localities, 45 including the City of Virginia Beach, have the opportunity to 46 study and give mature consideration to the ramifications of 47 Senate Bill 1054 or similar legislation and to present their 48 views to the General Assembly, Governor Warner is hereby 49 requested to veto Senate Bill 1054. 50 The City Clerk is hereby directed to transmit a true 51 copy of this Resolution to Governor Warner. 52 53 Adopted by the City Council of the City of Virginia 54 Beach on the day of , 2005. CA-9557 OID\ordres\sb1054res.doc R-1 March 9, 2005 APPROVED AS TO LEGAL SUFFICIEN Y: IA&Vw City Attorney's 6ffide 2 CITY STAFF FACT SHEET What is Senate Bill 1054? As passed by the General Assembly, it directs the Virginia Liaison Office to work with the Virginia Congressional Delegation and federal executive agencies to develop, support, and enact federal legislation or take appropriate federal executive action in support of the proposed federal State Enhanced Authority for Coastal and Offshore Resources Act (SEACOR), or similar legislation. This federal legislation is intended to' allow for exemption to a moratorium that expires in 2012 for any surveying, exploration, development or production of potential natural gas deposits that are under federal jurisdiction (3 miles to 200 miles) outside the Virginia territorial sea (3 mile) limit. Senate Bill 1054 would prohibit any drilling or other exploratory activity within the Chesapeke Bay. Why should Virginia Beach go on record opposing Senate Bill 1054? Senate Bill 1054 will reverse a long standing position at the local and regional level of opposition to offshore drilling activities along the Atlantic outer continental shelf. What types of impacts would offshore drilling activity have on the City? While particular impacts cannot be determined, the range of general anticipated impacts from offshore drilling activity could include increased industrial and commercial marine vessel traffic out of Hampton Roads providing service to exploratory, surveying and exploration activity; construction of drilling platforms and rigs; construction of natural gas pipelines, support facilities, and staging terminals at various shoreline locations in Hampton Roads; increased maritime industry activity in support of drilling activities at area shipyards; and potential impacts to estuarine and marine aquatic organisms, migratory waterfowl, and the general marine environment. Other impacts could include aesthetic and visual impairment to the resort area. Why consider adoption of a resolution urging the Governor to veto Senate Bill 1054 as requested by Mayor Oberndorf and Councilmember Schmidt? Virginia Beach is the most populated locality along Virginia's Atlantic coastline. Virginia Beach is heavily dependent upon the sustainable productivity of its tourism industry, and should consider taking reasonable steps to safeguard this economic resource. Additionally, Virginia Beach should encourage the wise stewardship of Virginia's natural resources, and urge that Virginia maintain its opposition to offshore drilling in accordance with current moratoria in place. Adoption of a resolution would help portray the extent of the City's support for veto of Senate Bill 1054. What other actions are being considered regarding Senate Bill 1054? The Mayor has requested that the Hampton Roads Planning District Commission advise the Governor to veto Senate Bill 1054, as well, and reiterate its long standing opposition to offshore drilling dating back to 1991. This item has been added to the Commission's agenda for Wednesday, March 16, 2005. The Mayor has also sent a personal letter to Governor Warner urging him to veto Senate Bill 1054. How urgent is it that the City advise the Governor concerning Senate Bill 1054? The governor needs to take action on Senate Bill 1054 by March 28, 2005. Accordingly, it is suggested that the City Council take action by March 23, 2005 in order to have its position heard and considered by the Governor in making his decision on Senate Bill 1054. Are there any other legislative items pending related to offshore drilling this session? House Joint Resolution 625 has been agreed to by both the House of Delegates and the Senate. It requests that the Secretary of Commerce and Trade study the possibility of exploring for natural gas in the coastal areas of the Commonwealth. Bill Tracking - 2005 session Page 1 of 1 summary I pdf VIRGINIA ACTS OF ASSEMBLY -- CHAPTER An Act to amend the Code of Virginia by adding a section numbered 2.2-302.1, relating to duties of Virginia Liaison Office; efforts to permit off -shore surveying, exploration, development, and production of potential natural gas resources. [S 1054] Approved Be it enacted by the General Assembly of Virginia: 1. That the Code of Virginia is amended by adding a section numbered 2.2-302.1 as follows: § 2.2-302.1. Efforts to allow of)` -shore natural gas surveying, exploration, development, and production. A. In addition to its responsibilities enumerated in § 2.2-302, the Office shall work with the members of the State Congressional Delegation and executive agencies to develop, support, and enact federal legislation or take appropriate federal executive action, including measures such as are contained in the proposed federal State Enhanced Authority for Coastal and Offshore Resources Act (SEACOR) or similar legislation to enhance states' authority over coastal and offshore resources, that (i) provide an exemption to the moratorium .that prevents until 2012 any surveying, exploration, development, or production of potential natural gas deposits in areas off the Commonwealth's Atlantic shore that are under federal jurisdiction and (ii) incorporate revenue sharing between the federal and state governments for leasing activity that potentially will provide the Commonwealth with significant additional sources of revenue. The requested exemption to the moratorium will.- 1. Permit surveying, mapping, exploration, development, and production of off -shore deposits of natural gas; and 2. Not authorize drilling or other exploratory activity within the Chesapeake Bay. B. The Office shall submit an annual report to the Governor and the chairs of Senate Committee on Commerce and Labor and the House Committee on Commerce and Labor, no later than January 1 of each year, that summarizes the status of the moratorium on off -shore natural gas exploration, development, and production activities, efforts by Congress and executive agencies to provide an exemption to the moratorium as described in subsection A; and activities by the Office in furtherance of this section. Legislative Information System 2005 SESSION ENROLLED HOUSE JOINT RESOLUTION NO.625 Requesting the Secretary of Commerce and Trade to study the possibility of exploring for natural gas in the coastal areas of the Commonwealth. Report. Agreed to by the. House of Delegates, February 25, 2005 Agreed to by the Senate, February 24, 2005 WHEREAS, the exploration of natural gas in the Commonwealth's coastal areas is currently prohibited under a federal ban on offshore oil and gas drilling, a moratoria that has been in place since 1982;and WHEREAS, the General Assembly has enacted legislation prohibiting any person from drilling for oil or gas in the waters of the Chesapeake Bay or any of its tributaries, while also providing permissible locations and procedures for the drilling of oil or gas in other areas of Tidewater Virginia; and WHEREAS, the rising demand for natural gas as a clean -burning fuel source coupled with its limited supply will continue to boost heating and electricity costs, affecting homeowners and a range of major industries; and WHEREAS, advances in technology, more stringent safety stipulations, and more frequent inspection requirements have enabled the offshore drilling industry to drill deeper, cleaner, and more efficiently; and WHEREAS, the Outer Continental Shelf, which includes the Commonwealth's 112 miles of coastline, should be viewed as a significant source for increased supply of natural gas to help meet the Commonwealth's demand for the long term; and WHEREAS, proposed federal legislation known as the State Enhanced Authority for Coastal and Offshore Resources Act (SEACOR) would enhance states' authority over coastal and offshore resources; provide an exemption to the moratorium that prevents until 2012 any surveying, exploration, development, or production of potential natural gas deposits in areas off the Commonwealth's Atlantic shore that are under federal jurisdiction; and incorporate revenue sharing between the federal and state governments for leasing activity that potentially will provide the Commonwealth with significant additional sources of revenue; and WHEREAS, proper management of the coastal zone is vital to the Commonwealth's interest in preserving the environment, public access, tourism, and sustainable economic development; now, therefore, be it RESOLVED by the House of Delegates, the Senate concurring, That the Secretary of Commerce and Trade be requested to study the possibility of exploring for natural gas in the coastal areas of the Commonwealth. In, conducting its study, the Secretary of Commerce and Trade shall include recommended legislation that could permit drilling for natural gas off the coast of the Commonwealth. Technical assistance shall be provided to the Secretary of Commerce and Trade by the Department of Mines, Minerals and Energy, and the Virginia Coastal Program, including making available all records and information necessary for the completion of this study. All agencies of the Commonwealth shall provide assistance to the Secretary of Commerce and Trade for this study, upon request. ' The Secretary of Commerce and Trade shall complete the meetings by November 30, 2005, and shall submit to the Governor and the General Assembly an executive summaryand a report of his findings and recommendations for publication as a House or Senate document. The executive summary and report shall be submitted as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports no later than the first day of the 2006 Regular Session of the General Assembly and shall be posted on the General Assembly's website. N �Z N 0 r r N V rn N U City of Beacl-i 99,I.S 5 0� Op OUR NAT'ON MEYERA E. OBERNDORF MAYOR March 10, 2005 The Honorable Mark Warner Governor State Capitol, 3rd Floor Richmond, Virginia 23219 RE: Senate Bill 1054 — Offshore Drilling Dear Governor Warner: MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VA 23456-9000 (757) 427.4581 FAX (757) 426-5699 MOSERNDO®VBGOV.COM As Mayor of the City of Virginia Beach, it is with the utmost sense of urgency that I respectfully request that you veto Senate Bill 1054 regarding efforts to allow offshore natural gas surveying, exploration, development, and production in Virginia's Atlantic Ocean continental shelf area. This is a classic example of poor legislation, developed without the least amount of public dialogue or discussion, intended to support potential and dubious federal legislation, and submitted and endorsed by our local State delegation without any communication or dialogue with local elected officials or staff. In addition, this legislation flies in the face of long-standing positions painstakingly developed at the local and regional level opposing offshore drilling and supporting long standing Congressional and Presidential moratoria dating to at least 1991. I am concerned that the proposed legislation could help lead to potentially adverse and irreversible impacts to Virginia Beach's tourism industry and degradation of its natural resources. Our citizens highly value each of these assets and realize that continued sustainable use of them as intricately interconnected, and work hard at being wise stewards of this public trust. I encourage the Commonwealth to join with us in continuing to be a strong partner in these efforts as it has in the past, and therefore urge your veto of this bill. The Honorable Mark Warner March 10, 2005 Page Two Thank you for your continued commitment to safeguard Virginia's natural and economic resources. Sincerely, 11 d - O Meyera E. Oberndorf Mayor c: The Honorable John J. Welch, R House ofDelegates The Honorable Terrie L. Suit, House of Delegates The Honorable Harry R. `Bob" Purkey, House ofDelegates The Honorable Leo C. Wardrup, Jr., House of Delegates The Honorable Robert F. "Bob" McDonnell, House ofDelegates The Honorable Robert Tata, House of Delegates The Honorable Algie T. Howell, Jr., House of Delegates The Honorable Nick Rerras, State Senate The Honorable Frank Wagner, State Senate The Honorable Kenneth W. "Ken" Stolle, State Senate The Honorable Yvonne B. Miller, State Senate The Honorable Harry B. Blevins, State Senate Virginia Beach City Council The Honorable W. Tayloe Murphy, Jr., Secretary of Natural Resources The Honorable Michael J. Schewel, Secretary of Commerce and Trade James K. Spore, City Manager 03/08/2005 16:38 FAX Z 002/012 111 0 r ROAPV PLANNING DISTRICT COMMISSION CHESAPEAKE John L. Pazour. City Manacer Debbie Riher, Courml Member 'Nilliar E. Ward. Mayor FRANN uN Mark S. Felharoll, Councl Member Rowland L Taylor. City Manager GLOUCESTER COUNTY John J. Adams. Sr.. Board Member William H. WMtlN. CounlyAdminisrrator HAMPTON Mamie E. L.-N*e. Mayor Georoe E. Wallace. Otte Manager. Paige V. Wasnington. Jr.. Council Member SHEILA S. NOLL, CHAIRMAN - LOUIS R. JONES, VICE-CHAIRMAN • MYLES E STANDtSA. TREASURER ARTHUR L. COLLINS. EXECUTIVE DIRECTOR/SECRETARY Mr. Ralph Ainger Five Year Program Manager Minerals Management Service (MS-4400) Room 2324 381 Elden Street Herndon, Virginia 20170 ISLE OF WIGHT COUNTY W. Doug:as Caskey. CounlyAdminisrraror Rcoe^C :'aum Sr.. Board bfember Dear Mr- Ainger: JAMES CITY COUNTY Ronald A. Nervitl, Chairman Sanford B. Wanner. CountyAdnwirstrafor NEWPORT NEWS Charles C. Allan, bike -Mayor Joe S. Frank Mayor Edgar E. Maroney, City Manager NORFOLK He`beR M. Collins. Sr.. Vice -Mayor Paul D. Fraim, Mayor Daun S. Hester. Council Member Regina V.K. 'Williams, City Manager Barclay C. Winn, Council Member POOUOSON Charles W_ Burgess- Jr., City Manager Gordon C. Helsel, Jr., Mayor POR75MDUTH J. Thomas Bee, III, Court! Member Ronald W. Masse. CAy Merreger P. Ward Robinell. Jr.. Cawlcil Member SOUTHAMPTON COUNTY Michael W..bnrson, Count, Admimsirator Charieton :V. Sykes. 3oard Memoar SUFFOLK Dane E. Dickens, ul. Council Member Myles E. Standish; City Manager SURRY COUNTY Ernest L SlounL Chairman Terry D. Lewis. CounryAdministraror VII INIA BEACH Margaret L. Eure. Council Member W. W. Harrison. Jr.. Council Member Louis R. Jones, Council Member Robert C. Mandigo. Jr.. Council Member Meyers E. 3bemdorl. Mayor Nancy K. Parker. Council Member James K Soore. City Manager `NILLIAMSBURG Jackson C. Tuule. It. GN Manager Jeanno ?giOia, `daror January 24, 2001 Re: Request for Comments on the Preparation of a New 5-Year OCS Oil and Gas Leasing Program or 2002 — 2007 (ENV:OCS) Pursuant to your request for comments found in the December 12, 2000, issue of the Federal Register, the staff of the Hampton Roads Planning District Commission would like to offer you comments that have been provided in response to previously proposed Outer Continental Shelf Oils and Gas Leasing Programs. The majority of these comments are still applicable. Enclosed are copies of the September 15, 1995, staff letter to the Virginia Department of Environment Quality and the September 26, 1991, staff letter submitted to the Minerals Management Service_ Finally, a copy of the "Position Statement of the Hampton Roads Planning District Commission on Outer Continental Shelf Natural Gas and Oil Resources Management Comprehensive Program 1992 —' 1997: Draft Proposal," adopted by the HRPDC at its Quarterly Commission Meeting of April 17, 1991. We appreciate the opportunity to provide you with this information. If you have any questions, please do not hesitate to call. HRV:fh Enclosures Sincerely, Arthur L. Collins Executive Director/Secretary MAIL JAN242001 YORK COUNTY CC. Sheila E. volt. 2osra Alember Daniel M. Sluck ;aunry.4;,mrnrsvaror .,n' Mr. Charles H. Ellis III HEADQUARTERS • THE REGIONAL BUILDING • 7Z3 WOODLAKE I IRGIMA 21320 • i7ST) 420-8300 ' 1 03/08/2005 16:39 FAX f HA'NIPTON ROADS PLANNING DISTRICT C-UbINUSSION :HESAPEAKE Dr. Alan? :asnorr. C:N C•wnc:rman lewnan. ,:,:V CjL#=!'man .ames V. 181".::ry uarragar Dept. of Erlvirorr.,ar�tal �u�li�y lj 003/012 Environmentai Quality. SEP 13 —tjps OR, ALAN ? KPASNOFF. =HAIRMAE'9EY';,:LIIN,1�15AWELL _'R.. rICS CHAIRMAN • pNh�i��s gI�DTQr�RE�SURER •►RTHUR L c�L h�tQt�cieCiA3L-xb1�65�rAgY Purr 4� Int®r_ SOMmmer;tal 4';3irs September FRANKLIN Roden E. larmo. CityCouncmnan Mr. Michael P. Murphy, Director �onnJ.jacKson, Cz'fyMar.W`r - Office -of Grants Management/Intergovemmental Affairs GLOUCESTER COUNTY Department of Environmental Quality senianer F. Suawea,.a.. Coonry5uennsor 629 E_ Main Street Ni1han H. 'Nh-dey. County Aun"sm;Wr HAMPTON Richmond, Virginia 23219 - .anes L 23son. Slayer Rcoen _. _:Imrl. .,linear Re: Proposed 1997-2002 OCS Program �oseon-+.:aer�r.:l- :: Y C-.c; :unorrran (EtvV:OCS) :SLE -�FWIGHT COUNTY N.:OUgt?5 ..35%Ey...aUMM 4cm7mS,T..ror Dear Mr. Murphy: n y DAMES CITY COUNTY Aobe'X "again._. -' D� BPursuant to your request of August 30, 1995, the staff of the Hampton - W Acmrnisaxex NEWPORTNEWS Roads Planning District Commission has reviewed the Draft.Proposed 5-Year C4WWS C. �.N Outer Continental Shelf_ Oil and Gas Leasing Program for 1997-2002. 'cigar E. Ma__y..=3Y sxsr NORFOLK This review reflects participation by the HRPDC in the CommornNealth's Mason C.Andrv+s.AI.O.. *C.xmcnron response to past Lease Sale Program documents. The staffs comments also Herbert M. CaYim Sr-. C:hy tea w=j.. 3" ?3w D. Fr&m..:4ayor reflect the "Position Statement of the Hampton Roads Planning District .canes B..P.dgips.Cycovnnager Commission on Outer Continental Shelf Natural Gas and Oil Resources :� �w Pbllips. C:ty iawrainran POGUOSON Management Comprehensive Program 1992 - 1997. Draft Proposal," adopted L_ Con»" &wcner. ,warew by the HRPDC at its Quarterly Commission Meeting of April 17, 1991. For your M. W-hy. `"'"�°r information, copies of the HRPDC Position Statement and the September 26, ��*+ 1991 HRPDC staff letter to the Minerals Management Service on the 1992 '°"M. ""`anwgw ' V. War Pro ram are enclosed - 'Nara Roon am k..:.' y Cow knan . SOLITMAMPTONCOUNTY Based on this review, the HRPDC staff believes that the Commission's Rowuno L -aywr aunnyAwnwo aw Position Statement remains valid although specific points in. that Statement Harr" TUmer.:,wnry SU0WV, r , have been overtaken by events. Specifically, the final 1992-1997 OCS S°�O1J Myles E. Slandieh. C7ry Marxager Program PST �' "' " incorporated the HRPDC's recommendations on deletion- of tracts in ^ten a- Roo— c*nc--A— near -shore and environmentally sensitive areas VIRGINIA BEACH kft A. 3aun. why CaWrtal RW Room I K. >eW- : ;IV cowrcm W 'Al. W. 4amson. Jr.. Cxy Ccarro 7w L-=s R..ones. :,rt Coon+rrar Maraca E. ,.bwnoon..beyor Many rC . avw.:,'tv C_xmcr arran fames K. Soore.::ry fAw gar 'MLLIAMSRURG acKson C. -_nie. 't.::ry r.ranaeer _eanre=alc!er. -.rv':,unc.mvman The HRPDC Statement recommended a number of additional evaluations be undertaken to address concerns, raised by the member local governments, about impacts associated with potential development. Those studies have either not been undertaken or have not been disseminated by MMS to participants in the review of the 1992-1997 Program. Those studies are still nec-essary to ensure that this economically important activity can be pursued in an environmentally sensitive manner. tSRK:DUNTY °'3ri1.4 -arman. C,`avran ari=� '.1. : mc.r..; vnry yomrr�s:raror EADCUAR7ERS 3UILCING - =23 aoCCOLAKE DRIVE - C%+ESAPE4K_. V:RGINIA 23720 • -20-I 120-2700 PENINSULA CFFIGE --AFRBCUR CENTFE. 2 E+.TC,v S-AEET - SUITE Sir2 - •-AMPTr,1l 71RGINIA <?69 • �0�) -23-2067 03/08/2005 16:39 FAX IM004/012 Mr. Michael P. Murphy September 15, 1995 Page 2 Finally, the HRPDC Statement recommended various cooperative activities oe .undertaken by the MMS and the several states in the mid -Atlantic region to. address outstanding environmental and development issues. It appears, based on the current moratorium and proposal, that many of these activities have not been pursued_ They remain necessary to resolve the several issues that led, in part, to the current moratorium_ We appreciate the opportunity to participate in this first step in what, we realize,'will be a long process over the next two years. If you have questions or need furtt-er information, please do not hesitate to call me or John Oarlock of the staff. i'Sincerely, n i ur L Colli s Executive Director/Secretary JMC:kI Enclosures 03/08/2005 16:39 FAX IM005/012 1 A-tiIPTON ROADS PLANNING MSTRiCT CO`tbtISSION HEUA 5 MCCLANAN, CHAIRMAN - rlOtiERT u. .MU""rL VICE CHAIRMAN - ROSERT G. SAGL-Y, TREASURE AATHUR L COLLINS. EXECUTIVE OIREt:TOR/SECRETAR Septetnber.26, 1991 . C W SAPtAKIE Atawn G. 3aq,". C,w C-n;,ttnMt, Director - - Dr. AIL. P, A � a*11. City Caw urrn.n .anl.. w. A-m. Cr ua 40- .Minerals Management Service (IYIS-4013) 1849 C Street, N.W. MA FR"XUN _ f L,E g aoa.n E. Hwea. City ccaataxn " Washington, D.C. 20240 John J: JnC%a C'Iy Manpr - sEp Z 7 1991 . """T°" ;..r.t.,n aY1Nr. ylc.u.yar Jarn.s L. _.non, a•ayr Re: HQCS Comprehensive Pr gram 't'i��osal (E1�iV .i00-R :..7'fJ•M1, Jr- :ry .crrn•rtw :OCS f ) ,xL OF wnG"T Cotow[Y Dear Sir- . MH-• E- Sw.a•rr. Cawlr wdmnr•r•rtar Ar�rM.ro L -wr"r. 9otwd a SMO-. 1-c" Pursuarlc to your request of July 30, L991, the stiff of the Hampton Roads .A""CITY CDUH ry ?!atnning District COrTtiniSSlon has reviewed: tart AA D•Aw, d0-rd or Swnv-rwra :)wMa a NpAnpL Galrwy AGONNN""Qr wEwroAY news I- Letter of July 30, 1991, responding to Virginia Governor Wilder's - .too SFrwdtiCar GaM,.c**.n , Continents on the Comprehensive Program - Draft Proposal - Ur Vwlpht T. Jo."^ Coy eau caftan - Eaqw E Mwa.". Gar 1) ",Notice of Request for Comments on the Proposed Comprehensive d.o„�-A,,.,.,'�-o"Car°,,, a w„" Outer Continental Shelf (OCS) Natural Gas and Oil Resource °"" Q"cw A. U""ftivw '^ JNa•O/I A. L•Na M•yW Management Program for 1992-1997, July 29, 1991." . Jant- a- 01-N. Jr. City 4anagw ti Cancer Pndeeac. car Co —An . 3. Outer Continental Shelf Natural Gas and Oil Respsrrt;e �Vfana; en[ POO1O'w, Comprehensive Prouam for 199'?-1997- PrQ tal- This includes two �n ch;.w, ;., volumes - "Summary and Decision" and "Decision Documents,* POWTMOGUTH L Lo� LucaiLOr ,,,,d.** 4• Outer Continental -Shelf Natural Qas and Oil Resource Mana ment "'"""i 0 W*bKme" �Icr.. a w.t+4 wrnr �rntsreheristve Pmeram for 1997-1997. Draft nvironmental M;M" . striternel, , two volumes. SOUTMAYPTOK COUNTY Rts-y,p L. Tariw. Canwep AdNww.W"W C. H.nw Twnar. a°.rd or S+tP.r...or. At its Quarterly lt[ee:ing of April 17, 1991, the Hampton Roads Planning awrouc District Commission endorsed a "Position Statement of the Hampton Roads Planning RiCJIcrd L HedrIm Cor"ad•acr District Commission on Outer Continental Shell' ]Natural Gas and Oil Reso i r-c S. ow.J/wn.wct,rGna.nnan",. Management ComlZrrhensive Progrtrn 1992 - 1997:- Draft Pro2osal." Baser: oa its yti11i 11lp,q� review of the Proposal and accompanying materials, the HRPDC believes Joen A.Reams ..wtLC+tyCaan"eyw, Aooan E F•n.r•tta, 'veto Yaye that the April Position Statement of the Commission continues to represent the views of die .wowHubabo°r co►ama"a" HRPDC and its member localities MW*MW E llaeucr, C7ue•n APPOIrNca and remains generally valid Hd S. McCLnan. City Coaxal-wn-1 ' ►a.ywa E ObwtbM. mayor A..Wiy V. wn" it- carmwft , 'Iiie HRPDC staff is pleased to find that the Minerals Management WILLIA"EtlURG Service has responded favorably to the comments of the Commission and the ;°nnnoogw.uMror Corninonwealth of VirSiiiia by removing thirty-one blocks within 18 miles of the =-:►wn C. �Vnta. tl, Gry u•n.p„r Virginia Coast from further consideration. From your response io the Governor's rORK COUNT? comtnencs, is appears that no evaluation of ,oioeiine irTlttacts has been completed dM.rM U/ Suy-Inswa it is not exr)cc;ed ;hat a pioc!itte From the OCS will make landfall in Wft— 'IU°k. C° f,,Admr^ntr•ror Virginia. We understand that indusu'v haS 111t11Cutcd :hat Southeastern Virginia is yEAOCUARTERS - "HE REGIONAL aUILOINO • 721w000LAAE DRIVE - CHESAPEAKE `11RG4MA, 23320 • IBO+I +70.a_)Do 03/08/2005 16:39 FAX Z006/012 1 the likely Iandfall for a pipeline �Issocitited with development off the coast of North Carolina- In that context, we believe that pipeline impacts should be evaluated in the final EIS. The Proposal outlines several new options, which generally are slight variations to the proposed program, and requests comments specifically on those options. Of the options outlined and evaluated, several relate to the Mid -Atlantic OCS. Specific proposals include: 1. Slow the pace of leasing to include only one sale for the combined ylid- and South Atlantic Area. That sale would occur in 1994. 2- Establish Coastal 3uffer.s. Specifically, thac'option would exclude all blocks in the proposed prognarn ;hat lie within 50 miles of the -mid- and South A1arltic Coasts_ 3. Exclude sensitive batltvtnetric features_ Specifically, this provides for exe`uding all canyon areas- The HRPDC staff believes that these three options should be incorporated into the prcooged program for the Mid- and South Atlantic Area. With respect to option one, it should be noted that the Pmposal refers to the Atlantic OCS as a frontier area_ It appears that holding oniy one sale during the five year prognsn would provide an important opportunity to further enhance our knowledge of the hydrocarbon resources and the environmental sensitivity of this region_ This approach appears to be consistent with the.-Adamic OCS's status as a frontier area. All three options are consistent with the earlier recormendations of the HRPDC and the Commonwealth of Virginia. The Propos,11 outlines a number of studies and evaluations that are projected 70 be accon'tplished during the five ye.tr progrun_ These studies are generally consistent witZ the recommendations contained in the HRPDC Position Statement of April 17, 1991. As -voted tulier, he HRPDC staff believes that 'he potential for a pipeline landfall in Virginia should be evaluated as part of the ongoing study program. We also support the Pm asal's 3peareit emphasis on the development of improved estimates of the quantity and quality of the hydrocarbon resources that may be present on the Atlantic OCS_ We appreciate the opportunity to review the Pmnosal and hope that our comments are of assistance in your effort to finalize it. If your have any questions, please do.not hesitate to call. Sincerely, Arthur L. Collins E.'CCU[iVe !-)irec:or;Sc=tar/ 1MC_dfs CC' Mr. Larry S. V111lc)c:!<, VCOE 03/08/2005 16:40 FAX Z 007/012 POSITION STATEMENT OF THE HAMPTON ROADS PLANNING DISTRICT COMMISSION ON OUTER CONTINENTAL SHELF NATURAL GAS AND -OIL RESOURCE MANAGEMENT COMPREHENSIVE PROGRAM 1992 - 1997 DRAFT PROPOSAL - INTRODUCTION AND PROGRAM. SUMMARY Chesapeake, Virginia April 1991 The 'J. S. Department of the Interior, Minerals Management Service has released the Outer Continental Shelf Natural Gas and Oil Resource Management Comorehensive Prooram 1992 - 1997: Drat ?-ccosai. ; tits program _stabfisne: _he framevvor' for Outer Continental Shelf COCS) development of oil and natural gas resources for the five year period from 1992 to 1997. The Program; establishes a multi -stage process for soliciting proposals for and evaluating potential OCS leasing activities in specific areas. Areas and activities that may be considered mus; be included in the Comprehensive Program for the five year period. If an area is not -included -in .the. Program, no OCS-related studies. or leasing .can- occur in that area during that five year period. Generally, speaking, the process Rarallels.the rational planning process, with provisions for data .collection, evaluation of both environmental and economic factors and development of specific developm-ent proposals_ The proposed Comprehensive. Program includes development on the Mid - Atlantic OCS during the period from. 1992-1997. Specifically, it provides for the conduct of additional geological and environmental studies, including preparation of a draft Environmental impact Statement, and consideration of lease sales in .1994 And 1997. The proposed Program includes the following schedule of activities for the Atlantic Region, leading to the potential 1994 OCS Lease Sale: • Mid 1991 Determine additional study needs Request for Interest ,and Comments from the oil and gas industry. Late 1991 . -Calt for Information and Nominations on specific tracts for potential lease sale • Mid 1992 Proposed Action and Alternative Memorandum for area Identification. a Early 1993 Draft Environmental Impact Statement and Proposed Novice of Saie 03/08/2005 16:40 FAX Z008/012 1 • Early 1994 Final Environmental Impact Statement • Mid 1994 Notice of Sale • Late 1994 Sale This process would be replicated for the potential 1997 safe_ Opportunities for in o ut from state and local governments, the oil. and gas industry, and community and environmental groups are provided at each stage in the process_ The proposed Program depicts a number of areas in the Mid- Atlantic OCS t.-iat: will be considered for !easing through the above- noted process_ Mos: of thern ire along the edge of the Continental Shelf itself approximately fifty (50) miles from -,he Virginia Coast In most cases, the Canyons at the edge of the shelf are excluded - However, the proposed Program does include one sizable group of blocks winin .twenty (20) miles of ~he _astern Snore of Virginia, as well as blocks vvithin -:he Washington Canyon off the Eastern Shore_ No tracts slated for consideration in -this Program are located closer.than fifty (50) miles from the Virginia Beach shoreline_ Potential development areas off the coast of North Carolina are within fifty miles of the shore_ Preliminary indications are that the mid -Atlantic area is more likely to experience natural gas development than petroleum development_ It can be vassumed-that because -of -the -already -developed energy facility infrastructure and industrial base of its economy, the Hampton Roads Region -is likely to experience OCS-related on -shore facility'development- PROGRAM ISSUES Review of the program document, historic studies- and positions taken by HRP©C member local governments and discussions with the scientific community indicate that a number of concerns need to be addressed during program refinement and future studies. They include both environmental and economic issues_ Environmental Issues In reviewing previous five year programs for OCS development, HRPDC member local govemments have requested that no tracts within fifty (50) miles of the Virginia Coast be considered for leasing activity. This request has been complied with in the proposed Program, insofar as the coast of Virginia Beach is concerned- HoWever, tracts within twenty miles of the Eastern Shore of Virginia are proposed for consideration during the 1992-1997 Program_ Prevailing ocean currents appear to have the potential to direct any spilled material to the mouth of the Chesapea::e Bay. Scientific documentation indicates that the mouth of the Chesapeake 3av is a very en-vironmentally sensitive area due to it use by young crabs and other species at 03/08/2005 16:40 FAX IM 009 /012 critical stages of their life cycle. This area is also a major migration pathway for important anadromous species among others. Similarly, the shelf canyons represent environmentally sensitive areas due to the unique mix of species that inhabit them. Relatively little study has been completed in the Washington Canyon, but it is believed to be similar and probably ecologically related to the nearby .Norfolk Canyon, which is being designated as a National Marine Sanctuary. As such, it should be afforded protection during the leasing and development process_ Also, it is not known what size buffer around -the canyons is necessary to. ensure that vital ecological functions are maintained_ Th is needs to be addressed through the Minerals Management Service environmental studies program. the Atlantic Coast is subject to violent winter storms - nor'easters - and to hurricanes_ If an offshore spill were to occur during such a storm, the environmental impacs would he exacerbated.-iowever, our ability to assess .he risks and to oredict. these impacs, finder such circumstances, is =airly weak- Adci.icnal study is reguired zo ensure That assessments of the risks associated with spills restect not only typical meteorologic and oceanographic conditions, but also the unusual circumstances associated with such storms. Economic Issues As indicated above, areas within twenty (20) miles, of. the Eastern Shore of Virginia are proposed for consideration in the Comprehensive Program. This area encompasses, what is considered by many to be an important commercial and recreational fishery resource. Adverse environmental impacts associated with development in this area are likely to: produce adverse economic impacts as well _ Priortoinciuding these near -shore blocks.in the -leasing program, the environmental .and economic importance of this fishery. resource needs to be evaluated_ in 1984, the Southeastern Virginia Planning District Commission (predecessor to the HRPDQ analyzed the environmental and economic impacts of energy development in Southside Hampton Roads. That study indicated that many of the environmental impacts were likely to be site or activity -specific- They could not be generalized on a regional basis. It should -be noted that this study focused on on- shore, not off -shore, impacts_ Economic impacts to Southside Hampton Roads were found to be generally positive. However, for any specific type of energy facility development, impacts were not found to be significant in the context of the overall regional economy. The study indicated that economic development opportunities' associated with off shore development would exist. It was recommended that economic development programs take advantage of these opportunities_ 03/08/2005 16: 40 FAX Q OIO /012 RECOMMENDATIONS In this context, the Hampton Roads Planning District Commission recommends the following: 1. The Minerals Management Service should delete from further consideration all tracts proposed within 'fifty (50) miles of the Virginia Coast and within the confines of the Washington Canyon. 2. The Minerals Management Service should undertake, through its environmental studies program, the following evaluations: a. Environmental Inventory and economic evaluation of fishery resources and .other environmental resources on those tracts identified within nifty (50) miles of the coast, within the Washington Canyon and in ,he -immediate proximity of the various Canyons. �. Additional ocean current studies to determine to the extent possible the prevailing circulation patterns along the ,atlantic OCS and their relation to circulation patterns in the lower Chesapeake Bay, including its mouth. improved assessments of the environmental risks associated with are oil spill during a nor'easter or hurricane: -along the mid -Atlantic: coast d. Determination of the adequacy of buffer areas around the off -shore canyons_ e_ Evaluation of the potential risks associated with natural gas. development along the mid -Atlantic This should include accidentar releases of gas and the impacts of on -shore pipeline construction and facility development. f_ Evaluation of wastewater disposal issues associated with piping oil and/or natural gas to onshore locations in Hampton Roads and elsewhere for processing and distribution_ I --The Minerals Management Service should pursue exploration -and study along the mid -Atlantic, in accordance with the proposed Comprehensive Program for 1992 - 1997. 4. The Hampton Roads region and the Commonwealth of Virginia should begin a cooperative economic development effort, focusing on the region's natural advantage for OCS- related economic development_ All 03/08/2005 16:40 FAX Z O11/012 efforts in this regard should stress sound development in concert with the environmental quality of the region- S. The Commonwealth of Virginia should work with the Minerals Management Service and the States of Delaware, Maryland and North Carolina to enhance coordination of studies and related activities it the mid -Atlantic OCS. This coordination should provide an ongoing opportunity for local govemment involvement_ 03/08/2005 16:41 FAX 0 012/012 DISTRIBUTION LIST DEPARTMENT OF ENVIRONMENTAL QUALITY Ms. Dona Huang Environmental Engineer Senior ,air Data Analysis Section 0_9 past Main Street, Sth Floor Richmond, VA Z;219 304/ 762-1405 DEPARTMENT OF GAME & INLAND FISHERIES Vtr. Raymond T. Fernald 4010 West Broad Street Richmond, VA • 23230 304/367-1000 DEPT OF CONSERVATTON & RECREATION vtr_ 'onn R t7aw =» Governor Streer_ Suite 326 Richmond, VA _3? 19 3041-186-1119 MARIIvE RESOURCES COMMISSION Mr. Robert Grabb P.O. Box 756 1600 Washington Avenue Newpon dews, VA 13607 80412747,-2200 VTRGINIA PORT AUTHORITY Mr- 1. Robert Bray, Executive Director 600 World Trade Center Norfolk, VA 23510 304/693-210I OLD DOMINION UNTVERSTTY Mr. Larry P. Atkinson DeDartment of Oceanography 5 115 Hampton Boulevard Norfolk, VA 23529-0001 904/683-4285 ACCOMACK-LNORTHAIMPTON PDC Mr. Paul F. Berge, Executive Director 2.337'L Front Street P.O. Box 417 Accornac, VA 23301 304/737-2936 AttachmentI DEPARTMENT OF EINVMQNMENTAL QUALITY .W. Joe Hassell Envirorunrntal Programs Manager Office of Water Protecrion Programs 629 Fast &4ain Street, 3th Floor Richmond, VA 23219 804/762-407Z CHESAPEAKE BAY LOCAL ASSSISTANCE DEPT Darryl Glover 305 Fast Broad Street, Suite 701 Richmond- VA 23219 304i225-3440 DEPARTMENT OF MINES. Yf NERALS Sc EN1:RGY �lr. Steve Walz Policy Analysis Office 202 Noah Ninth Street Richmond, VA 23219 304/692-321I VIRGU4TA INSTITUTE OF MARLNE SCIENCE Mr. Thomas A. Barnard. Jr. Associate Marine Scientist Gloucester Point, VA 23062 304/642-7000 DEP.ARTNM4T OF L4AMRGENCY SERVICES Mr. William C_ Howled, Field Manager HazuAous, Materials Incident Response 310 Turner Road Richanond, VA 23225-6491 904/674-2400 STATE CORPORATION COMMISSION Mr. Wayne Smith Office of General Counsel 1300 East Main Street, 10th Floor Richmond, VA 23219 304/371-9671 HALM TON ROADS PDC Mr. Arthur L. Collins, Executive Director 2 Eaton Street, Suite 502 Hampton, VA 23669 304%725-2067 03/15/2005 11:21 FAX 19 002/014 AGENDA NOTE - HRPDC EXECUTIVE COMMITTEE MEETING ITEM #15: OLDlNEW BUSINESS OFFSHORE NATURAL GAS EXPLORATION — SB 1054 The City of ,Virginia Beach has requested that the Hampton Roads Planning District Commission consider the matter of Offshore Natural Gas Exploration as addressed in Senate Bill 1054, which was enacted by the Virginia General Assembly in 20D5. Senate Bill 1054 directs the Virginia Liaison Office to work with members of the Virginia Congressional Delegation and federal executive agencies to develoo and enact legislation and/or executive action to provide an exemption to the existing moratorium on offshore natural gas exploratory activity in the waters off Virginia. -t supports continuation of the moratoria on exploratory activity in the Chesapeake Bay. Concurrently, the General Assembly adopted House Joint Resolution 625, which calls for a study to be conducted by the Secretary of Commerce and Trade, with the assistance of the Department of Mines, Minerals and Energy and the Virginia Coastal Program, to study the possibility of exploring for natural gas in the coastal areas of the Commonwealth. It requires that a report, including recommended legislation, be submitted to the Governor and General Assembly by November 30, 2005. The actions directed by SB 1054 are directly related to federal legislation, referred to as the "State Enhanced Authority for Coastal and Offshore Resources Act" (SEACOR), which has previously been considered by Congress_ In some form, similar legislation is expected to be introduced for Congressional consideration during 2005. The proposed federal legislation would extend the seaward boundary of all coastal states to 12 nautical miles and grant jurisdiction to the states over offshore mineral resources, except oil and gas mineral rights, in that area. It would modify the existing revenue sharing formulae for OCS-related revenues. A fairly complex set of formulae are included in the federal proposal. It would also end the: current moratoria, which have been in place since 1982, on offshore oil and gas development, including exploration. It should be noted that North Carolina, Florida and other states have indicated their opposition to the enactment of federal legislation that lifts the OCS moratoria, as is envisioned by the SEACOR proposal. In 1991, the HRPDC adopted a Position Statement on the issue of Outer Continental Shelf Development (a copy is attached). The Position Statement recommended that all tracts within frfty (50) miles of the Virginia Coast and within the Washington Canyon be deleted from consideration and recommended that a number of studies be completed. In'both 1995 and 2001, staff from the HRPDC and various localities based review of environmental documents associated with proposed OCS development on that Position Statement. 03/15/2005 11:21 FAX ig 003/014 As requested by the City of Virginia Beach, the staff has prepared the attached letter to the Governor, requesting that he veto SB 1454. The letter endorses the concept of HJR 625 as a necessary initiative to provide the scientific environmental and economic facts concerning this issue. This approach is consistent With the 1991 Position Statement of the HRPDC. RECOMMENDED ACTION: Per Discussion. 03/15/2005 11:21 FAX 19004/014 HAMPTON-ROADS PLANNING DISTRICT COrMMON • �nI' u� Tom., tl�.�� .. 'p.� �'+� JEANNE ZEIDLER, CHAIR • PAUL 0. FRAIM, VICE CHAIRMAN • JAMES O. MCREYNOLD:. TREASURER ARTHUR L. COLLINS, EXECUTIVE DIRECT( 9/SECRETARY CHESAPEAKE Clarence V.Cullee, City Manager n� March 16, 2005 Dakon S. Edge, Mayor Debbie Ritter, CouW Member The Honorable Mark R. Warner FRANKUN Mark S. FetheroC. Cotoxg Member Governor Rowland L Taylor, City Manager Commonwealth of Virginia GLOUCESTER COUNTY State Capitol, 3rd Floor John J. Adams, Sr., Hoard Member William rL Whitley. Cony Admkndstrator Richmond, VA 23219 HAMPTON Randall A.Gilldand.CormcdMember Re: Offshore Drilling -- SB 1054 & ` ""ef1ej7 mayorHJR 625 (ENV:OCS) MILE OF""G"TCOUNTY Dear Governor Warner W. DouglasCaskey, CounlyAdImtrislrator Stan M Clark Charrmain At its Executive Committee Meeting of March 16, 2005, the JAMES �CDUNITY Michael J. Brown. Cha4mian Hampton Roads Planning District Commission acted to request that you SeMord B. Wanrw, County AcIr"k atraror veto SB 1054 regarding efforts to allow offshore natural gas surveying. NEWPORTNEWS exploration, development and production in Virginia's Atlantic Ocean Charles C. Alien, We Mayor Joe S. Frank, Mayor outer continental shelf. Edgar E Maroney. CityMmtagar NORFOLK This action is consistent with the. previously adopted "Position Paul D. Fra;im, Mayor Statement of the Hampton Roads Planning District Commission on Outer Donald L. Williams, Carurcif Member Regina V.K. Williams, City Mam iger Continental Shelf Natural Gas and Oil Resource Development: er Wm,� �,' C°(°'d""e" a W. W ' L Courlcif Member Comprehensive Program 1992-1997: Draft Proposal." prepared by the Q federal Minerals Management Service. This position statement has been POOUOSON Charles w. Burgess, Jr.. Cry ywwor reflected in HRPDC staff comments on subsequent OCS proposals in Gordon C. he sei. Jr-, Maya 1991, 1995 and 2001. The HRPDC Position Statement requested that PORT " tracts lying within fifty (50) miles of the Virginia Coast and tracts lying Stephen E. Heretick Council Member James B.mver,Jt.,imerimat/ Marlager within the environmentally sensitive Washington Canyon be withdrawn Charles B.Whila""'t,sr..Cn"na'Member from consideration for leasing activity. That recommendation was SOIRRAMPTONCOUrM adopted. It also recommended that the Minerals Management Service Anita T. Felts. Board Member ,i.„,alW.Jol..CounV,,&„H.1.tor undertake a series of studies of the OCS environment. The HRPDC is not aware that the recommended studies have been completed. SURFDLK R. Steven Herben, City Manager Bobby L Ralph, Mayor The HRPDC is also aware that the General Assembly adopted, SORRY COUNTY during its 2005 Session, House Joint Resolution 625 directing that a Terry D. Laws. Cowly leftrraror study be undertaken by the Secretary of Commerce and Trade t0 Judy S. Lyttle. Board Member Board determine the possibility of exploring for natural gas in the coastal areas Harry E. Diezel. 41RG1Cow CFi l, Cwrncd Member of Virginia. This study includes provision for consideration of measures to RobertM. Dyer, CoaxllMember properly manage Virginia's coastal zone, including protection of the Lours R. Jones, Vice Mayor Meyera E. Oberndorf, Mayor quality of life. This study should be completed to ensure that any Peter JamesSCtmideCou cil Aftnag ben James K. Spore, Cky Manager legislation addressing OCS development is based on sound science and James Wood, CoonaMember factual environmental and economic information- WIWAMSBURG Jackson C. Tuttle, It, City Manager Jeanne Zeidler, Mayor YORK COUNTY James O. McReynolds. CountyAdm/n(stralor Thomas G. Shepperd, Jr., Chapman HEADQUARTERS - THE REGIONAL BUILDING • 723 WOODLAKE DRIVE • CHESAPEAKE, VIRGINIA 2: 320 • (757) 42"300 PENINSULA OFFICE - 2101 EXECUTIVE DRIVE • SURE C • HAMPTON. VIRGINIA 2: 666 • (757) M-0094 03/15/2005 11:22 FAX [A005/014 The Honorable Mark R. Warner Governor Page 2 March 16, 2005 The Hampton Roads Planning District Commission, appreciates your consideration of its position on this critical issue. Sincerely, Jeanne Zeidler Chair JZ.mkf Attachment Copy: Hampton Roads Delegation to General Assembly The Honorable W. Tayloe Murphy, Jr., Secretary of Natural Resources The Honorable Michael J. Schewel, Secretary of Commerce and Trade D R A F T March 22, 2005 The Honorable Mark Warner Governor State Capitol, 3rd Floor Richmond, Virginia 23219 RE: Senate Bill 1054 — Offshore Drilling Dear Governor Warner: During its meeting on March 22, 2005, the City Council of the City of Virginia Beach adopted the attached resolution regarding Senate Bill 1054. It is with the utmost sense of urgency that we respectfully request that you veto Senate Bill 1054 regarding efforts to allow offshore natural gas development and production in Virginia's Atlantic Ocean continental shelf area. This legislation differs from the long-standing positions developed at the local and regional level opposing offshore drilling and supporting long standing Congressional and Presidential moratoria dating to at least 1991. The City is concerned that the proposed legislation could help lead to potentially adverse and irreversible impacts to Virginia Beach's tourism industry and degradation of its natural resources. Our citizens highly value each of these assets and realize that their continued sustainable use is intricately interconnected, and work hard at being wise stewards of this public trust. We encourage the Commonwealth to join with us in continuing to be a strong partner in these efforts as it has in the past, and accordingly urge your veto of this bill. Thank you for your continued commitment to safeguard Virginia's natural and economic resources. On behalf of the City Council of the City of Virginia Beach, I remain Sincerely, Meyera E. Oberndorf Mayor Attachment CC: The Honorable John J. Welch, III, House of Delegates The Honorable Terrie L. Suit, House of Delegates The Honorable Harry R. "Bob" Purkey, House of Delegates The Honorable Leo C. Wardrup, Jr., House of Delegates The Honorable Robert F. "Bob" McDonnell, House of Delegates The Honorable Robert Tata, House of Delegates The Honorable Algie T. Howell, Jr., House of Delegates The Honorable Nick Rerras, State Senate The Honorable Frank Wagner, State Senate The Honorable Kenneth W. "Ken" Stolle, State Senate The Honorable Yvonne B. Miller, State Senate The Honorable Harry B. Blevins, State Senate Virginia Beach City Council The Honorable W. Tayloe Murphy, Jr., Secretary of Natural Resources The Honorable Michael J. Schewel, Secretary of Commerce and Trade James K. Spore, City Manager CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City -State Agreement for Construction of Volvo Parkway/Lynnhaven Parkway (CIP 2-257); VDOT# 0000-134439, RW-201, C-501, UPC 13487; Federal Project STP- 5403 (402) MEETING DATE: March 22, 2005 ■ Background: The widening of Lynnhaven Parkway and Volvo Parkway to four lanes with soundwalls is a Virginia Department of Transportation (VDOT) highway improvement project for the Cities of Virginia Beach and Chesapeake. The Limits of construction in Virginia Beach are between Heald Way and the city line, a distance of approximately 4,600. feet. This project will include full improvements at the Lynnhaven Parkway/Centerville Turnpike intersection. City Council adopted a "RESOLUTION FOR LOCATION AND DESIGN PUBLIC HEARING APPROVAL LYNNHAVEN PARKWAY, PHASE XI, LYNNHAVEN PARKWAY / VOLVO PARKWAY" on June 25, 2002. The resolution requested VDOT to construct the project. The current total project estimate is $9,928,312.07, (and the City's share is $218,853.56). In order for VDOT to proceed with construction, the City Council must adopt the attached Ordinance authorizing the City Manager to execute the City -State Agreement for the construction with VDOT. ■ Considerations: Adequate funding for the City's cost share is available from CIP 2-257 (Public Works/Roadways) and CIP 5-130 (Public Utilities/Water) ■ Public Information: VDOT held Location and Design Public Hearings for this project on May 15, 2000, at Tallwood High School and on May 17, 2000, at Greenbrier Intermediate School. Also on June 18, 1997, VDOT held a Citizen Information Meeting for this project at Centerville Elementary School. City staff also participated in the Public Hearings and the Citizen Information Meeting. ■ Alternatives: Do not accept the construction project, or fund the entire project at 100% City cost. ■ Recommendations: Staff recommends that City Council approve the ordinance to authorize the City Manager to execute the City -State Agreement for construction of Lynnhaven Parkway. ■ Attachments: Location Map Ordinance Recommended Action: Approve ordinance to authorize City Manager to execute the City -State Agreement Submitting Department/Agency: Public Works Enginee City Manager::t� IL '�6 "114 ` 1 ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO ENTER INTO AN AGREEMENT 3 WITH THE VIRGINIA DEPARTMENT OF 4 TRANSPORTATION FOR CONSTRUCTION OF THE 5 VOLVO PARKWAY/LYNNHAVEN PARKWAY 6 PROJECT 7 WHEREAS, the proposed Volvo Parkway/Lynnhaven Parkway Project provides for a four —lane 8 divided highway from Heald Way intersection to the City line, for a total distance of 4,600 feet; and 9 WHEREAS, City Council has determined that a public necessity exists for the construction of 10 this important project to provide transportation enhancement and for other public purposes related to the 11 preservation of the safety, health, peace, good order, comfort, convenience and welfare of the citizens of 12 Virginia Beach; and 13 WHEREAS, for the Virginia Department of Transportation ("VDOT') to proceed with this 14 project, the City must enter into an Agreement with VDOT for construction of the project; 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA BEACH, 16 VIRGINIA: 17 That the City Manager is hereby authorized to enter into an Agreement with the Virginia 18 Department of Transportation for construction of Capital Improvement Project #2-257, "Volvo 19 Parkway/Lynnhaven Parkway Project" (also described as VDOT Project V000-134-V39, RW-201, C- 20 501, VPC 13487; and as Federal Project STP-5403 (402)) on behalf of the City of Virginia Beach. 21 22 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 23 , 2005. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: T CityAttorney'i ffice Ordres/Volvo.Lynnhaven CIP 2-257 R-2 — 3/2/05 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Directing the Reestablishment of Parking Fees at the Camp Pendleton Parking Lot (Croatan) MEETING DATE: March 22, 2005 ■ Background: The Camp Pendleton Beach Agreement of 2002, between the City and the Department of Military Affairs (i) allows the City to operate the parking lot at Camp Pendleton as a public parking lot each summer, (ii) authorizes public parking fees to be charged at a rate of up to $5 for vehicles and $10 for buses; and (iii) sets forth the parking operation responsibilities of the City. On August 6, 2002, City Council adopted an ordinance to eliminate the parking fees at the Camp Pendleton parking lot at Croatan (the "Croatan Lot") to encourage its use and thus, alleviate parking congestion in the Croatan neighborhood. CIP Project 4-040 Pendleton Parking Lot Expansion/Public Restroom Facilities to be completed this spring expands the Croatan Lot from 300 spaces to 585 spaces with a 1,200 square foot public restroom facility that includes outdoor showers and foot washers. The lot expansion project cost over $800,000. To help recoup construction and staffing costs, City staff recommends that the parking fees be reestablished commencing April 1, 2005 at the rate of $10.00 for buses, $1.00 for Virginia Beach residents, $4.00 weekdays for non-residents and $5.00 weekends for non- residents from 10:00 am to closing, and free parking from 6:00 a.m. to 10:00 a.m. daily. ■ Considerations: Use of the Croatan Lot has steadily increased and has exceeded capacity during the resort season. In 2001, only 17,000 vehicles parked in the Croatan Lot. During the 2003 and 2004 resort seasons, when the parking fee elimination took full affect, over 68,000 vehicles parked in the lot annually. To address concerns that the lot expansion and additional amenities will exacerbate the traffic congestion problems associated with the increasing demand, the City will employ additional personnel at the Croatan Lot to control lot access and enforce parking guidelines. The reestablishment of the parking fees under the proposed ordinance will help defray some of the costs incurred in staffing the lot and constructing the upgrades and public amenities to the existing lot. ■ Public Information: Information will be provided to the public through the normal agenda process. ■ Alternatives: Maintain the status quo of not charging a parking fee at the Croatan Lot. ■ Recommendations: Adopt the ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manager �� . 1 2 ORDINANCE NO. 3 4 5 AN ORDINANCE DIRECTING THE REESTABLISHMENT OF 6 PARKING FEES AT THE CAMP PENDLETON PARKING 7 LOT (CROATAN) 8 9 WHEREAS, by ordinance adopted on August 6, 2002, the City Council of the City of 10 Virginia Beach (the "City Council") eliminated the parking fees for the Camp Pendleton 11 parking lot at Croatan (the "Croatan Lot") imposed under the Camp Pendleton Beach 12 Agreement of 2002 (the "Agreement"); 13 WHEREAS, the cost for the expansion of the Croatan Lot and the installation of 14 public amenities, which include a 1,200 square foot public restroom facility, outdoor 15 showers and foot washer, totaled over $800,000; 16 WHEREAS, the Croatan Lot must be staffed to control lot access and enforce 17 parking guidelines; 18 WHEREAS, City staff has recommended that the parking fees for the Croatan Lot 19 be reestablished to help defray some of the costs incurred in staffing the lot and 20 constructing the upgrades and public amenities; and 21 WHEREAS, the proposed parking fees are authorized under the Agreement, and 22 offer a reduced rate for Virginia Beach residents and free parking from 6:00 a.m. to 10:00 23 a.m. daily. 24 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: OR 26 27 2s 29 30 31 32 33 34 35 36 That the City Council hereby directs that the fees for parking at the Camp Pendleton parking lot at Croatan that is leased each summer by the City of Virginia Beach be reestablished effective April 1, 2005 at the rate of $10.00 for buses, $1.00 for Virginia Beach residents, $4.00 weekdays for non-residents and $5.00 weekends for non- residents from 10:00 a.m. to closing, and free parking from 6:00 a.m. to 10:00 a.m. daily. COMMENT The fee structure set forth in the Camp Pendleton Beach Agreement of 2002, allows the City to charge up to $5 for vehicles and $10 for buses. The parking fees under this ordinance are consistent with the Agreement's fee structure. However, Virginia Beach residents can park for only $1.00 and the public has access to free parking from 6:00 a.m. to 10:00 a.m. daily. Of Adopted by the City Council of the City of Virginia Beach, Virginia, on the day 2005. CA-9500 F:\Users\VValidej\WP\BZA\Croataniot.ord.doc March 4, 2005 R-2 Approved as to Content: Cr tion &Visitors Bureau Approved as to Legal Sufficiency: City Attorney's Offic 2 �� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Encroachment Request to maintain an identification sign for John W. and Jean F. Siebert MEETING DATE: March 22, 2005 ■ Background: Mr. and Mrs. Siebert have requested permission to maintain an existing identification sign in the front of 601 Sandbridge Road that was constructed in 1980 for Siebert Realty. The sign will not interfere with the road project slated to begin construction 2005 on Sandbridge Road. ■ Considerations: City staff has reviewed the request for the identification sign 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 for the encroachment of an existing identification sign subject to the terms and conditions of the agreement. ■ Attachments: Ordinance, Location Map, Agreement, and Plat Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real Estatew s3 } 21� City Manager: LL-- . 7V 6vtl 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY LOCATED AT SANDBRIDGE ROAD BY JOHN W. SIEBERT AND JEAN F. SIEBERT THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, John W. Siebert and Jean F. Siebert, desire to maintain an existing identification sign into the City's right-of-way located at 601 Sandbridge Road. 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, John W. Siebert and Jean F. Siebert their heirs, assigns and successors in title are authorized to maintain a temporary encroachment for an identification sign in the City's right-of-way as shown on 22 the map entitled: "Exhibit "A" Exhibit showing SIGN ENCROACHMENT for Parcel A 23 24 25 26 27 28 GPIN Number: 2424-70-4064," 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 John W. Siebert and Jean F. Siebert (the "Agreement"), which is attached hereto and incorporated by reference; and 29 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 30 is hereby authorized to execute the Agreement; and 31 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 32 time as John W. Siebert and Jean F. Siebert and the City Manager or his authorized 33 designee execute the Agreement. 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 35 day of , 2005. 36 37 APPROVED AS TO CONTENTS 38QaMlc-S C 39 NATURrrE�� 40 FM Rcc4 41 DEPARTMENT 42 43 APPROVED AS TO LEGAL 44 S F IC NCY AND FORM 45 46 C ATTORN Y 47 FA IPIlY10rdin\ ,An1 CRDIN 48 CA- d3q 5 ,CA8395 Sidert.dx 49 PREPARED:2/7/05 SIEBERT PROPERTY.DGN M.J.S. PREPARED BY P/W ENG. CADD DEPT. FEB. 9, 2005 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(c) (3) THIS AGREEMENT, made this Sfh day of Fc , 2005, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and JOHN W. SIEBERT and JEAN F. SIEBERT, 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 "PARCEL A" as shown on "RESUBDIVISION OF LOTS 5, 6, AND 7 ETHEL M. CURTIS", as recorded in Map Book 304, at Page 3 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and being further designated and described as 601 Sandbridge Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain an identification sign, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way adjacent to 601 Sandbridge Road "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2424-70-4064-0000 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be 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: "Exhibit showing SIGN ENCROACHMENT for Parcel A GPIN Number:2424-70-4064", 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 2 any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured 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 hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is 3 allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, John W. Siebert and Jean F. Siebert, the said Grantee has caused this Agreement to be executed by their signature. 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. (SEAL) ATTEST: City Clerk CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager qiL--A) ' Joffii W. Siebert !.iebert E! STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 2005, by DESIGNEE OF THE CITY MANAGER. My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: BEACH. CITY MANAGER/AUTHORIZED Notary Public The foregoing instrument was acknowledged before me this day of 2005, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA Notary Public My Commission Expires: STATE OF 4ACA_, CITY/COUNTY OF U%2g/Ni& to -wit: The foregoing instrument was acknowledged before me this S day of rErISIN tq t , 2005, by John W. Siebert. Notary Public My Commission Expires: f- 31- a?006 5 STATE OF � � CITY/COUNTY OF V1 411VI&L, to -wit: 1� The foregoing instrument was acknowledged before me this S day of rE164414e y , 2005, by Jean F. Siebert. ZU4 e _ Notary Publi My Commission Expires: 9-P-o2006 APPROVED AS TO CONTENTS s 0. O -&,, GNATURE p ma ES DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM X:\Projects\Encroachments\AppUcants\Siebert, John & Jean - GES\Agreement Sign Encroachment.Frm.doc m f•-- R/W —^—_—_� I JOHN W. & JEAN F. SIEBERT PARCEL A M.B. 304, Pg. 3 1 1 I I I t I I -------------- —I Lot 8 Exhibit "A" Exhibit showing SIGN ENCROACHMENT for Parcel A GPIN Number:• 2424-70-4064 engineering services, inc. >� CIVIL ENGINEERING - LAND SURVEYING 33SI STDWESHORE RDAD VIRCINIA 86ACN. VIRCIMIA 23452 IT571 468-6900 PAX (7571 468-49U E-MAIL: a=iItwo iolvo.ran SCALE: PROJECT: DATE: DWG_ PAGE: .a Existing One Story FF=8. 15 1 "=30' 00266.1 01/26/05 29SExGSh1 1 of 1 sizes A _ �,v��'y �', n` � i y '- � � r ��. r- _ �. S 1 _ r 1 � �,^.� Ei � ,t � t . � ... �1 ' �t . �� -- v �',�. �� A ` C„� � 4 r 'i,� y ,. � /�. _ ram.=S ,Y � ro r �A' _ � 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Appropriation of $13,896,735 in federal funds, $3,817,906 in state funds, and $2,468,839 in from the City fund balance for Hurricane Isabel reimbursements. MEETING DATE: March 22, 2005 ■ Background: In September 2003, the City of Virginia Beach was hit by Hurricane Isabel causing damage from high winds and flooding. The Federal Emergency Management Agency (FEMA) announced it would offer reimbursement aid to the City for cleanup in the aftermath along with funding from the State Department of Emergency Management. The City established a FEMA Hurricane Isabel Fund and expended $20,183,480 in clean up expenses. Of this amount, the City has received reimbursement of $13,896,735 from Federal revenue and $3,817,906 from State revenue. This leaves the City to cover the remaining expenditures not eligible for reimbursement of $2,468,839. ■ Considerations: Since the expenditures and reimbursements were on -going at the end of last year, the FY 2003-04 accounting statements designated $2,468,839 of Fund Balance from the General Fund for the City's portion of the cleanup costs. Estimated revenue from FEMA is $13,896,735 with the State providing $3,817,906. As a final accounting close out of the Hurricane Isabel Fund Council action is needed to appropriate these two revenues along with Fund Balance from the General Fund for the City's portion of the cleanup. ■ Public Information: A public hearing is required since this appropriation exceeds more than 1 % of the FY 2004-05 budget. IN Alternatives: FEMA and the Commonwealth will only reimburse certain expenses, leaving the remaining costs covered by the City. ■ Recommendations: Staff recommends that the Council appropriate $2,468,839 of Fund Balance from the General Fund, $13,896,735 from Federal revenue, and $3,817,906 in State revenue to the FEMA Hurricane Isabel fund to cover the remaining expenses associated with the cleanup costs. ■ Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agenc Fina ce City Manage . F:\... P&A\GG\Ord&Res\ARF' \CA 94 .ARF.doe 1 AN ORDINANCE TO APPROPRIATE $13,896,735 2 OF FEDERAL REVENUE, $3,817,906 OF STATE 3 REVENUE AND $2,468,839 OF FUND BALANCE 4 FROM THE GENERAL FUND TO THE FEMA 5 HURRICANE ISABEL FUND IN THE FY 2004-05 6 OPERATING BUDGET TO COVER EXPENDITURES 7 ASSOCIATED WITH HURRICANE ISABEL 8 9 WHEREAS, in September 2003 Hurricane Isabel brought 10 sustained winds and heavy rain to Virginia Beach, producing 11 significant damage; 12 WHEREAS, the Federal Emergency Management Agency ("FEMA") 13 and Virginia Department of Emergency Management provided 14 financial assistance on a reimbursement basis related to the 15 cleanup of eligible costs associated with Hurricane Isabel; and 16 WHEREAS, the Finance Department has designated $2,468,839 17 in fund balance from the General Fund to cover the amount of 18 expenses the City incurred that are not reimbursable by FEMA or 19 the Virginia Department of Emergency Management. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 1. That $13,896,735 in additional federal revenue from FEMA 23 is hereby appropriated to the Federal Emergency 24 Management Agency Hurricane Isabel Fund in the FY 2004- 25 05 Operating Budget for costs associated to Hurricane 26 Isabel, with federal revenue increased accordingly. 27 2. That $3,817,906 in additional state revenue from the 28 Virginia Department of Emergency Management is hereby 29 appropriated to the Federal Emergency Management Agency 30 Hurricane Isabel Fund in the FY 2004-05 Operating Budget 31 for costs associated to Hurricane Isabel, with state 32 revenue increased accordingly. 33 3. That $2,468,839 of fund balance in the General Fund FY 34 2004-05 Operating Budget is hereby appropriated to the 35 Federal Emergency Management Agency Hurricane Isabel 36 Fund to cover the remaining costs not reimbursed by FEMA 37 or State. 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia on the day of , 2005. Approved as to Content: Approved as to Legal Sufficiency: Department of Management rvices Department o Law CA 9489 R-6 March 16, 2005 H:\PA\Ords\Hurricane Isabel Reimbursement Ord2.doc i CITY OF VIR GIJNIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $238,282 From Capital Project #3-424 Fire and Rescue Station — Sandbridge, $300,000 From Capital Project #3-021 Fire and Rescue Station — Thalia, $121,718 From Capital Project #3-404 Fire and Rescue Station — General Booth and Appropriate $60,000 to Capital Project #3-017 Fire and Rescue Station - First Landing to Construct a Fourth Bay, Training Tower and Cover Increased Costs of the Project MEETING DATE: March 22, 2005 ■ Background: The Fire and Rescue Station — First Landing, Capital Project #3-017, is slated for construction this spring. Preliminary estimates for construction have exceeded budgeted funds due to increases in construction materials such as concrete and steel. In addition, upon review of service delivery needs to the Shore Drive area community and the storage and space demands of both Fire and EMS marine programs, a fourth apparatus bay is being requested. This fourth bay is an expansion of the original project scope. However, the original scope and facility size is based upon a standard station configuration of three bays that does not take into account specialized programs with unique storage requirements. This facility is the most suitable to accommodate marine program assets in a community so heavily entrenched in water based businesses and recreation activities. A second expansion to the original scope includes the re -engineering of a "tower" fagade originally designed to enhance the architectural motif of a seaside structure. The Fire Department desires to internally re -engineer this tower to accommodate high- rise and technical rescue training devices. Such devices will allow station personnel to train and prepare for specific emergency service demands of high-rise structures to meet the needs of the multi -story structures facilities and marine activities that are unique to the Shore Drive corridor. At the present time, training of this type can only be accomplished at the Fire Training Center on Birdneck Road, removing these crews from their service area, delaying specialized marines response, and reducing the frequency of this type of training. In addition to the expansion, the existing project scope has also increased by $360,000. This increased cost is due mostly to the cost of increases in concrete and steel since the project scope was approved. These increases not only affect the building but the cost of the pole and overhang for a traffic light as well. The cost of the traffic light was originally budgeted at $120,000 and has increased to approximately $180,000. ■ Considerations: The fourth bay is estimated to cost $300,000 and the traffic light cost increases will be financed through the use of remaining fund balances for the Fire and Rescue Station - General Booth, Capital Project #3-404, and the Fire and Rescue Station - Sandbridge, Capital Project #3-424. The two capital projects have appropriations available that can support the $300,000 needed to fund the fourth bay and the $60,000 needed to fund the increased cost of the traffic light. The training tower enhancements will be funded by fund balance of the Fire Programs Special Revenue Fund at an estimated cost of $60,000. This project has been pre -approved by the State's fire program directors. The $300,000 to cover the increased cost of construction materials would be taken out of the Fire and Rescue Station — Thalia, Capital Project #3-021. Funding for the Thalia Fire Station Capital Project would be replaced through additional appropriations in the FY 2005-06 Capital Improvement Program. ■ Public Information: Public Information will be handled through the normal Council agenda process. ■ Alternatives: The fourth bay is an addition to the original scope that might be omitted as a short term cost savings. The City could choose to keep the appropriations in these projects for another purpose. However, the long term demands of service delivery in the Shore Drive area, equipment security, and repair and replacement costs of valuable marine equipment stored outside may quickly outweigh the upfront costs of this bay. ■ Recommendations: Transfer $121,718 from Capital Project #3-404, Fire and Rescue Station - General Booth, $300,000 from Capital Project #3-021 Fire and Rescue Station — Thalia, and $238,282 from Capital Project #3-424 Fire and Rescue Station - Sandbridge, to cover the increased scope of the fourth bay and cost additions. Appropriate $60,000 from fund balance of the Fire Programs Special Revenue Fund to cover the expansion of project scope for a training tower for Capital Project #3-017 First Landing Fire and Rescue Station. ■ Attachments: Ordinance Recommended Action: Approve Submitting Department/Agency: Fire Department City Manager. �. 1 AN ORDINANCE TO TRANSFER $238,282 FROM CAPITAL 2 PROJECT #3-424 FIRE AND RESCUE STATION - 3 SANDBRIDGE, $300,000 FROM CAPITAL PROJECT #3- 4 021 FIRE AND RESCUE STATION - THALIA, $121,718 5 FROM CAPITAL PROJECT #3-404 FIRE AND RESCUE 6 STATION - GENERAL BOOTH AND APPROPRIATE 7 $60,000 TO CAPITAL PROJECT #3-017 FIRE AND 8 RESCUE STATION - FIRST LANDING TO CONSTRUCT A 9 FOURTH BAY, TRAINING TOWER AND COVER INCREASED 10 COSTS .OF THE PROJECT 11 WHEREAS, the Fire and EMS Departments wish to cover cost 12 overruns within the existing scope of Capital Project #3-017 Fire 13 and Rescue Station - First Landing and construct an additional 14 fourth bay outside of the existing scope trom avaiianie 15 appropriations of Capital Project #3-424 Fire and Rescue Station - 16 Sandbridge, Capital Project #3-404 Fire and Rescue Station - 17 General Booth, Capital Project #3-021 Fire and Rescue Station - 18 Thalia. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 1. That $660,000 is hereby transferred to Capital Project #3- 22 017 Fire and Rescue Station - First Landing from the following 23 projects: 24 a. $238,282 from Capital Project #3-424 Fire and Rescue 25 Station Sandbridge. 26 b. $300,000 from Capital Project #3-021 Fire and Rescue 27 Station Thalia. 28 c. $121,718 from Capital Project #3-404 Fire and Rescue 29 Station General Booth. 30 2. That $60,000 is hereby appropriated from fund balance from 31 the Fire Programs Special Revenue Fund, with revenue increased 32 accordingly. 33 3. That the project scope for Capital Project #3-017 Fire and 34 Rescue Station First Landing, project scope is hereby modified to 35 reflect an additional fourth bay and training tower. 36 An affirmative vote by the majority of the members of City 37 Council is required. 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia, on the day of , 2005. APPROVED AS TO CONTENT Management Services 1 CA9556 Ordres/First Landing ORD.doc March 9, 2005 R-1 APPROVED AS TO LEGAL SUF I I CY , X.Am.1', City Attorney's Office L. PLANNING Application of RICHARD K. and LILLIAN M. BOLEN for the discontinuance, closure and abandonment of an unnamed, unimproved right-of-way on Ewell Road at Dunston Lane and Delray Drive to provide fee simple title to the centerline of the street with an adjacent neighbor. DISTRICT 4 — BAYSIDE RECOMMENDATION: Evejuxelmm 2. Application of TIDEWATER INSTITUTE OF SPORTS, L.L.C. for a Conditional Use Permit re a recreational facility of an outdoor nature (training and tournament facility for the Virginia Rush Soccer Club) at Harpers Road and Dam Neck Road. (DISTRICT 6 — BEACH) DEFERRED: RECOMMENDATION: March 8, 2005 APPROVAL 3. Application of UNION BAPTIST CHURCH to MODIFY a Conditional Use Permit (approved by City Council on October 17, 1995) to allow the church a three (3) story mezzanine building and expand the church at 4608 South Boulevard. DISTRICT 3 — ROSE HALL RECOMMENDATION: IAPPROVAL 4. Application of GENERAL RENTAL CENTER for a Conditional Use Permit re motor vehicle rental and bulk storage at 616 Village Drive. DISTRICT 6 — BEACH RECOMMENDANTION: APPROVAL 5. Application of JUDITH M. COFIELD for a Conditional Use Permit re a private residential kennel at 1349 Sycamore Road. DISTRICT 5 — LYNNHAVEN RECOMMENDATION: APPROVAL 6. Application of WEDGEWOOD ASSOCIATES, L.L.C., for a Change of Zoning District Classification from A-12 Apartment District to Conditional A-24 Apartment District with a PD-H2 Planned Development Overlay District on Bonney Road, Dolton Drive and Alicia Drive DISTRICT 2 — KEMPSVILLE RECOMMENDATION: DEFER TO APRIL 5, 2005 7. Application of NELIN BROTHERS for a Change of Zoning District Classification from R 20 Residential District to Conditional 0-1 Office District at 2122 General Booth Boulevard. DISTRICT 7 — PRINCESS ANNE INDEFINITE DEFERRAL RECOMMENDATION: NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, March 22, 2005, at 6:00 p.m. The following applications will be heard: DISTRICT 4 - BAYSIDE 1. Dr. Richard K. Bolen & Mrs. Lillian M. Bolen Application: Discontinu- ance, closure and abandonment of an unnamed, unimproved right-of-way located on the south side of Ewell Road. DISTRICT 6 - BEACH 2. General Rental Center Application: Conditional Use Permit for motor vehicle rental and bulk storage at 616 Village Drive (GPIN 24076738430000). DISTRICT 7 - PRINCESS ANNE 3. Nelin Brothers Application: Change of Zoning District Classification from R-20 Residential to Conditional 0-1 Office at 2122 General Booth Boulevard (GPIN 24141834440000). The Comprehensive Plan desig- nates this site as being part of the Primary Residential Area (South General Booth Boulevard Corridor), suitable for appropriately located suburban residential and non-residential uses consistent with the poli- cies of the Comprehensive Plan. The purpose of the requested modi- fication is to develop the site for an office building. DISTRICT 3 - ROSE HALL 4. Union Baptist Church Application: Conditional Use Permit for a church expansion at 4608 South Boulevard (GPIN 14774192980000). DISTRICT 5 - LYNNHAVEN 5. Judith_ M. Cofield Application: Conditional Use Permit for a residential kennel at 1349 Sycamore Road (GPIN 14887816670000). DISTRICT 2 - KEMPSVILLE 6. Wedgewood Associates, L.L.C., Application: Change of Zoning District Classification from A-12 Apartment to Conditional A-24 Apartment with a PD-H2 Planned Development Overlay on the north side of Bonney Road and Dolton Drive (GPINS 14771112670000;-1133130000; -2122470000;-3112940000). The purpose is to develop a planned residential community. The Comprehensive Plan designates this site as being part of Strategic Growth Area 4 - Pembroke Area (Bonney Road West Corridor), suitable for mixed use development including residential consistent with the policies of the Comprehensive Plan. All citizens are invited to attend. Ruth Hodges Smith, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning. For information call 427-4621. 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. The Planning Commission Agenda is available through the City's Inter- net Home Page at http://%,.,ww.vbgov.com/planningeommission Beacon March 6 & 13. 2005/2721251 Zoning History # I DATE REQUEST ACTION 1 06/11/02 Change of Zoning (R-30 Residential District to Granted Conditional R-20 Residential District) 07/11/00 Change of Zoning (R-30 Residential District to Withdrawn Conditional R-20 Residential District) �o� ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Dr. Richard K. Bolen & Mrs. Lillian M. Bolen — Street Closure MEETING DATE: March 22, 2005 ■ Background: An Ordinance upon Application of Dr. Richard K. Bolen & Mrs. Lillian M. Bolen for the discontinuance, closure and abandonment of an unnamed, unimproved right- of-way located on the south side of Ewell Road, 321.57 feet east of Dunstan Lane and 393.43 feet west of Delray Drive. DISTRICT 4 — BAYSIDE ■ Considerations: The two (2) property owners adjacent to the existing stub street are proposing to close the right-of-way and acquire fee simple title to the centerline of the street. The property is within the Thoroughgood neighborhood. Staff recommends approval of this request. The property to the south and east was recently rezoned and is being developed with single-family dwellings. This new development was designed with a cul-de- sac that has ingress/egress from Wakefield Drive. Upon approval of the subdivision plat for that subdivision, a one (1) foot no ingress/egress easement was included adjacent to the terminus of the existing right-of-way requested for closure, thereby eliminating any future ability to connect the portion of the right- of-way to the new cul-de-sac. The Viewer's met to discuss this request and it was determined that no need for the right-of-way existed to accommodate current or future City plans or projects. The proposal to close this right-of-way is consistent with the recommendations within the Comprehensive Plan for the Primary Residential Area as the property will be incorporated into the adjacent parcels with residential zoning. The Planning Commission placed this item on the consent agenda because the City does not need the right-of-way for future projects and closure would not result in public inconvenience. ■ Recommendations: Dr. Richard K. Bolen & Mrs. Lillian M. Bolen Page 2of2 The Planning Commission passed a motion by a recorded vote of 11-0 to approve this request with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verify that no private utilities exist within the right- of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department , City Manager: L 7 Item #4 Dr. Richard K. Bolen & Mrs. Lillian M. Bolen Discontinuance, closure and abandonment of an unnamed Unimproved right-of-way South side of Ewell Road District 4 Bayside February 9, 2005 CONSENT William Din: The first item that I have on our consent agenda is Item #4. This is a Dr. Richard K. Bolen and Mrs. Lillian M. Bolen. This is for an application to close an unnamed and unimproved right-of-way located on the south side of Ewell Road in the Bayside District. Eddie Bourdon: Thank you Mr. Vice Chair. Madame Chair, again, Eddie Bourdon for the record, a Virginia Beach attorney. I represent Dr. and Mrs. Bolen, as well as the people who live on the other side of the street that is to be closed. We are in accord with the four conditions as recommended by staff and appreciate being on the consent agenda. Thank you. William Din: Thank you Mr. Bourdon. Is there any objection to placing this on consent? We have a policy of trying to explain why we placed it on consent. Mr. Ripley is going to explain Item #4. Ronald Ripley: Thank you Will. This is a residual piece of land that is held over by a subdivision, it's the large subdivision in the middle of the map. It used to have an access to Ewell Avenue by virtue of this little strip of land and when that property was rezoned a few years ago, it was better to the public that wasn't the way to connect to Ewell; so, it hasn't been used to this point. The Commission thought to put this on consent would be no more than reasonable. William Din: Thank you Mr. Ripley. The consent agenda item that I have for approval is Item #4, Richard K. Bolen and Lillian M. Bolen for a street closure on the south side of Ewell Road in the Bayside District. 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 DIN AYE Item #4 Dr. Richard K. Bolen & Mrs. Lillian. M. Bolen Page 2 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. RICHARD & LILLIAN BOLEN Agenda Item # 4 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. Location and General Information REQUEST: To close a portion of an unnamed, unimproved, 50 foot wide right-of- way that exists as a stub street. LOCATION: Property located on the south side of Ewell Road, east of Dunstan Lane and west of Delray Drive. COUNCIL ELECTION DISTRICT: 4 — BAYSIDE SIZE: 8,092 square feet SURROUNDING North: . Single-family dwellings / R-30 Residential District LAND USE AND South: . Single-family dwellings / R-30 Residential District ZONING: East: . Single-family dwellings under construction / Conditional R-20 Residential District West: . Ewell Road • Single-family dwellings / R-30 Residential District NATURAL RESOURCE AND There are some trees and grassed areas on the right-of-way. There CULTURAL does not appear to be anything of significant historic, cultural or FEATURES: environmental significance. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary Of PrOposa The two (2) property owners adjacent to the existing stub street are proposing to close the right-of-way and acquire fee simple title to the centerline of the street. The property is within the Thoroughgood neighborhood. Comprehensive Plan The Comprehensive Plan Map depicts 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. Staff Evaf uabon Staff recommends approval of this request. The property to the south and east was recently rezoned and is being developed with single-family dwellings. This new development was designed with a cul-de-sac that has ingress/egress from Wakefield Drive. Upon approval of the subdivision plat for that subdivision, a one (1) foot no ingress/egress easement was included adjacent to the terminus of the existing right-of-way requested for closure, thereby eliminating any future ability to connect the portion of the right-of-way to the new cul-de-sac.. The Viewer's met to discuss this request and it was determined that no need for the right-of-way existed to accommodate current or future City plans or projects. The proposal to close this right-of-way is consistent with the recommendations within the Comprehensive Plan for the Primary Residential Area as the property will be incorporated into the adjacent parcels with residential zoning. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verify that no private utilities exist within the right-of- way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions may be required during the administration of applicable City Ordinances. MUM IUTMI Zoninq Histor illian Bolen # I DATE IREQUEST ACTION 1 06/11/02 Change of Zoning (R-30 Residential District to Granted Conditional R-20 Residential District) 07/11/00 Change of Zoning (R-30 Residential District to Withdrawn Conditional R-20 Residential District) Public Agency Comments No conflicts or needs for easements, etc. Water: No conflicts or needs for easements, etc. Sewer: No conflicts or needs for easements, etc. Police: I No comments. Fire and Rescue: I No comments. Public Works Public Utilities Public Safety Private Utility Comments Upon printing of this report, staff has received correspondence, from both the Hampton Roads Sanitation District and Virginia Natural Gas, stating that these entities have no objections to the closure of this street. Staff is awaiting a formal, written response from Dominion Virginia Power. RICHARD & Exhibit B Survey of Area to be Closed DELRAY (50' R/w) DRIVELO Om �r c% S�gC3 SF-C��aa GP�� 1��9 1 � �� $•� as C�.'�t— z of to 4i �,,a�' P 2155��• o ` J to z w 2 cN to �,5'&� N 0- z01 cn a < �� RIGNP��G� �qGt'' { H, z w 2 Uj w Ix D to 0 -j to 4: 45, -,O-� 21 -C & s gag 2 IS 0 e lot 8 a 21 rem 4) rL v C Q a 0 CX CA 9A M v 00 0 Ix Exhibit E Disclosure Statement 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 30 31 32 33 34 35 36 37 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS "UNNAMED 50' RIGHT-OF- WAY" AS SHOWN ON THAT CERTAIN PLAT ENTITLED "EXHIBIT PLAT SHOWING UNNAMED 50' RIGHT-OF-WAY TO BE CLOSED ADJACENT TO LOT 1, THOROUGHGOOD, SECTION 8, PART 4, (D.B. 2580, P. 2157) AND LOT 2, THOROUGHGOOD, SECTION 8, PART 3 (M.B. 84, P. 8) VIRGINIA BEACH, VIRGINIA": WHEREAS, RICHARD K. BOLEN and LILLIAN M. BOLEN applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: GPIN: 1479-61-3140, 1479-61-1030, 1479-60-2981 1 38 SECTION I 39 40 That the hereinafter described street be discontinued, closed and vacated, subject 41 to certain conditions being met on or before one (1) year from City Council's adoption of this 42 ordinance: 43 44 All that certain piece or parcel of land situate, lying and being in 45 the City of Virginia Beach, Virginia, designated and described as 46 "UNNAMED 50' RIGHT-OF-WAY" shown as the cross -hatched 47 area on that certain plat entitled: "EXHIBIT PLAT SHOWING 48 UNNAMED 50' RIGHT-OF-WAY TO BE CLOSED ADJACENT 49 TO LOT 1, THOROUGHGOOD, SECTION 8, PART 4, (D.B. 50 2580, P. 2157) AND LOT 2, THOROUGHGOOD, SECTION 8, 51 PART 3 (M.B. 84, P. 8) VIRGINIA BEACH, VIRGINIA" Scale: 52 1" = 40', dated November 2, 2004, prepared by John E. Sirine and 53 Associates, Ltd., a copy of which is attached hereto as Exhibit A. 54 55 56 SECTION II 57 58 The following conditions must be met on or before one (1) year from City 59 Council's adoption of this ordinance: 60 1. The City Attorney's Office will make the final determination regarding 61 ownership of the underlying fee. The purchase price to be paid to the City shall be determined 62 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street 63 Closures," approved by City Council. Copies of said policy are available in the Planning 64 Department. 65 2. The applicant shall resubdivide the property and vacate internal lot lines to 66 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 67 and approved for recordation prior to final street closure approval. 2 68 69 70 71 72 73 74 75 76 77 78 z� 80 81 82 83 84 85 86 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one year of approval by City Council. If all conditions noted above are not in compliance and the final plat is not approved within one year of the City Council vote to close the street, this approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before March 21, 2006, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before March 21, 2006, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. 3. In the event the City of Virginia Beach has any interest in the underlying fee, the City Manager or his designee is authorized to execute whatever documents, if any, that may be requested to convey such interest, provided said documents are approved by the City Attorneys Office. 87 SECTION IV 88 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 89 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 90 VIRGINIA BEACH as "Grantor" and RICHARD K. BOLEN and LILLIAN M. BOLEN as 91 "Grantee." 3 92 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 93 of 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 2005. CA-9458 February 16, 2005 H:\OID\REAL ESTATE\Street CIosure\B0LEN.CA9458.0RD.doc 4 APPROVED AS TO CONTENT: �� z .Zs- 0- Planni g Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorney NOTES- 1. RIVAL " 1. MERIDIAN SOURCE BASED ON PLAT RECORDED IN DEED BOOK 2580 AT PAGE 2157. 2. PORTION OF 50' RIGHT-OF-WAY TO BE CLOSED: 3. AREA OF 50' RIGHT-OF-WAY TO BE CLOSED = 8,092 SQUARE FEET/0.186 ACRE. 4. THIS PLAT IS NOT INTENDED TO SHOW ANY EASEMENTS OR PHYSICAL FEATURES THAT MAY AFFECT THIS PROPERTY. 5. THIS PLAT DOES NOT CONSTITUTE A SUBDIVISION OF LAND. 6. THIS PLAT IS NOT THE RESULT OF A RECENT FIELD SURVEY. TE 0 U) to z W oz J N N MZI 0 DELRAY (50' R/W) DRIVE Lo co 0) �r of om J ORMER EN Z OW 0R K BG�EN CL � No LPROZ 00�s� ��ON 5�8 SEG a> GHG 0 6 ? � Leg 61, 3140 4 ' 0 0 Gp\N 14� 18915' 083 00 jp*��. N 0o<o o0 0 5 44' C� P� o 0`06= (P 0) C 00Z 0, 0 o R'2 g.o6, 12o a1 i�` \0�0 � �- c° Lo =00 0 �(Ti �� _jn 0F_Z cl OO Q � � � Z .vNN f� �O B po' p�0> o T a w w lY 44'op ' � c� U cn cn 5 C '09 o f ct: z A4'pp 5 �o o Ln Q N 151 p r„ IZ , o: L0� 0�-10g0 ARC `� ro a R� .-Il ?\N UBp1\As\GJ00 g1� P .I N y� P UGAGOOID'5$ oR 0 FORM E�EM �MPN �o� 0 .NOR0 C N pR� P G• 1349i N R�GPp,�R�3�gg, P. PNp `o g. CURVE DATA NO. RADIUS DELTA ARC TANGENT CHORD CHORD BEARING 1 20.00' 109'01'40" 38.06' 28.05' 32.57' S 1030'50" W 2 20.00' 70.58'20" 24.77' 14.26' 23.22' N 79"29'10" W EXHIBIT PLAT SHOWING UNNAMED 50' RIGHT—OF—WAY TO BE CLOSED ADJACENT TO LOT 1, THOROUGHGOOD, SECTION 8, PART 4 (D.B. 2580, P. 2157) AND LOT 2, THOROUGHGOOD, SECTION 8, PART 3 (M.B. 84, P. 8) VIRGINIA BEACH, ARGINIA SCALE: 1"=40' NOVEMBER 2. 2004 JOHN E. SIRINE AND ASSOCIATES, LTD. SURVEYORS• ENGINEERS- PLANNERS 4317 BONNEY ROAD VIRGINIA BEACH, VIRGINIA 23452 0 20 40 80 120 160 FEET GRAPHIC SCALE SHEET 1 OF 1 J.O.#76,21 KAUFMAN & 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 fd 757 / 491-4020 Mailing Address: P.O. Box 626 Virginia Beach, VA 23451 2IOI 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 8th. 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, 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 v1 Chesapeake Hampton Newport News Norfolk Richmond Williamsburg www.kaufmanandcanoles.com -45- Item V-J 5. PLANNING ITEM #53691 Upon motion by Council Lady McClanan, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of March 22, .2005, an Ordinance upon application of TIDEWATER INSTITUTE OF SPORTS, L.L. C : ORDINANCE UPON APPLICATION OF TIDEWATER INSTITUTE OF SPORTS, L.L. C. FORA CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE Ordinance upon Application of Tidewaterinstitute 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 Voting: 9-0 Council Members Voting Aye: Harry E. Dieael Robert M. Dyer, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Vice Mayor Louis R. Jones and Richard A. Maddox March 8, 2005 Zoning History Map J-K,9-10 # I DATE REQUEST ACTION 1 02/11/97 Conditional Use Permit (communication towers) Granted 2 06/22/93 Conditional Use Permit (auto repair) Granted 3 05/08/89 Conditional Use Permit (golf course) Granted 4 06/13/88 Rezoning from AG-1 Agriculture to 1-1 Industrial Granted 09/14/93 Rezoning from 1-1 Industrial to AG-1 Agriculture Granted 5 09/14/93 Conditional Use Permit (horse race track) Granted 1 , nYe j 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 22, 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 requests a conditional use permit to develop the site for a training and tournament facility for the Virginia Rush Soccer Club. The club has over 100 travel and competitive teams comprised of 1,500 players as well as 3,000 recreation and developmental players. There are also 1,600 adult players and approximately 25 special needs athletes. The months of play are February to June and August to November, approximately 38 weeks during the year. Further details regarding the proposal are provided in the attached staff report. The proposed development conforms to the recommendations for Strategic Growth Area #10, South Oceana Area. Given the presence of a restrictive easement over more than half of this property, options for developing a high quality office or corporate business park on the subject site are limited. The soccer complex is an acceptable alternative that will be compatible with adjacent properties if they are developed in the future with office uses. The soccer complex also advances the City's overall goal of expanding recreational opportunities and creating a community for a lifetime. This outdoor recreational use is compatible with the surrounding forested and agricultural areas as well as the office/corporate business park uses that are planned for the future of this area. The applicant has worked diligently with Navy officials for over a year to design the plan to meet all restrictions and requirements regarding AICUZ policies. The Planning Commission placed this item on the consent agenda for approval, because the proposed use is compatible to the surrounding existing and Tidewater Institute of Sports Page 2 of 2 recommended future uses, is consistent with the AICUZ recommended uses and the Navy's restrictive easement, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with one abstention to approve the request with the following conditions: The site shall be developed in substantial conformance with the site plan entitled "TIS Soccer Fields, Virginia Beach, VA" dated12/01/04 and prepared by MSA, P.C. This site plan was exhibited to City Council and is on file with the Department of Planning. 2. As an alternative to standard site improvements, any use of gravel for the permanent parking lot surfaces must be reviewed and approved by the Zoning Administrator and the Building Official. 3. A detailed landscape plan must be submitted for any gravel parking lot area should it be approved per Condition 2. 4. The submitted design for the Central Building should incorporate design features more appropriate to human scale. The applicant shall work with the Planning Director and staff to revise the building elevation to incorporate architectural features and details that accomplish this. 5. A no ingress/egress easement shall be dedicated to the City of Virginia Beach along the entire frontage of Harpers Road. 6. A variable width right-of-way reservation will be necessary along Harpers Road to accommodate the 100 foot roadway designated on the Master Transportation Plan. The stormwater management facilities shown on the site plan will need to be relocated outside of the reservation area. 7. Access out of the site will be limited to right turns onto westbound Dam Neck Road. ■ 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 Manage IL `� IDEWATER INSTITUTE OF SPORTS Agenda Item # 10 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. REQUEST: LOCATION: C'` COUNCIL ELECTION DISTRICT: SITE SIZE: Location and General Information Conditional Use Permit for an outdoor recreation facility Property located on the east side of Harpers Road, approximately 1080 feet north of Dam Neck Road p±D 24054531390000;24057503860000;24048796590000 6 — BEACH 92.4 acres TIDEWATER I EXISTING LAND USE: Agricultural Fields SURROUNDING North: . Forested land / AG-1 and AG-2 Agricultural District LAND USE AND . Agricultural fields / AG-1 and AG-2 Agricultural ZONING: South: District East: . Forested land / AG-1 and AG-2 Agricultural District • Oceana Naval Air Station / 1-2 Heavy Industrial West: District NATURAL RESOURCE AND The site is an agricultural field with wooded areas along the northern CULTURAL and eastern boundaries. There are no City defined wetlands on the FEATURES: site. AICUZ: The site is in an AICUZ of greater than 75 dB Ldn surrounding NAS Oceana. A portion of the property is encumbered by an easement owned by the Navy. The Department of the Navy has reviewed this request and has approved the request as being consistent with the easement restrictions and current AICUZ policies. Summary of Prop�OSa The proposal is to create a training and tournament facility for the Virginia Rush Soccer Club. The club has over 100 travel and competitive teams comprised of 1,500 players as well as 3,000 recreation and developmental players. There are also 1,600 adult players and approximately 25 special needs athletes. The training facilities will be used primarily on weekdays. League games and tournaments will be held primarily on weekends. The operating hours for the facility are 3:00 p.m. to 8:00 p.m. on Monday through Friday and 8:00 a.m. to 8:00 p.m. on Saturday and Sunday. The months of play are February to June and August to November, approximately 38 weeks during the year. The site plan shows a total of 9 training fields, 16 game fields, a clubhouse, maintenance shed and a gravel parking lot of 1,024 spaces. The site has been planned with input from the Navy on the layout. The training fields and parking are located in the A� area of the site covered by the restrictive easement. The playing fields, spectator areas and clubhouse are located in the area of the site that is outside of the easement. The spectator and game area is separated from the practice and training area by an earthen berm. There will only be three lighted fields. These fields are located near the clubhouse. The site will gain access via a planned 30 foot wide roadway that traverses the property to the south of the site and connects with Dam Neck Road. An ingress/egress easement will be granted over the roadway for the soccer complex use. The proposed road entrance at Dam Neck Road is located in an area planned for a future entrance with right and left turn lanes and a median break. A Traffic Impact Analysis was submitted to and approved by Public Works/Traffic Engineering for this project. The applicant and Public Works/Traffic Engineering are in agreement on all necessary traffic requirements. Comprehensive Plan The Comprehensive Plan recognizes this site as being within Strategic Growth Area #10, South Oceana Area. Developable land located in the eastern region of this Strategic Growth Area is planned for non-residential uses, such as high quality, well - landscaped offices and corporate parks. Every effort should be made to consolidate parcels of land to achieve a more unified and well -planned development. The proposed development should exhibit an attractive, high quality design. Staff Evaluation Staff recommends approval of this request. The proposed development conforms to the recommendations for Strategic Growth Area #10, South Oceana Area. Given the presence of a restrictive easement over more than half of this property, options for developing a high quality office or corporate business park on the subject site are limited. The soccer complex is an acceptable alternative that will be compatible with adjacent properties if they are developed in the TIDEWATER INSTITUTE OF SPORTS Agenda Item -10 :Pagq 3 future with office uses. The soccer complex also advances the City's overall goal of expanding recreational opportunities and creating a community for a lifetime. This outdoor recreational use is compatible with the surrounding forested and agricultural areas as well as the office/corporate business park uses that are planned for the future of this area. It is similar to the relationship that exists between the established Hampton Roads Soccer Complex, which is located adjacent to Princess Anne Commons, and the planned land uses in that area. The applicant has addressed all traffic related concerns and has coordinated the location of the access road with property to the south to ensure that the roadway will serve the current and future needs of both properties. The applicant has worked diligently with Navy officials for over a year to design the plan to meet all restrictions and requirements regarding AICUZ policies. Staff, therefore, recommends approval of this request with the following conditions. Conditions 1. The site shall be developed in substantial conformance with the site plan entitled "TIS Soccer Fields, Virginia Beach, VA" datedl2/01/04 and prepared by MSA, P.C. This site plan was exhibited to City Council and is on file with the Department of Planning. 2. As an alternative to standard site improvements, any use of gravel for the permanent parking lot surfaces must be reviewed and approved by the Zoning Administrator and the Building Official. 3. A detailed landscape plan must be submitted for any gravel parking lot area should it be approved per Condition 2. 4. The submitted design for the Central Building should incorporate design features more appropriate to human scale. The applicant shall work with the Planning Director and staff to revise the building elevation to incorporate architectural features and details that accomplish this. 5. A no ingress/egress easement shall be dedicated to the City of Virginia Beach along the entire frontage of Harpers Road. 6. A variable width right-of-way reservation will be necessary along Harpers Road to accommodate the 100 foot roadway designated on the Master Transportation Plan. The stormwater management facilities shown on the site plan will need to be relocated outside of the reservation area. 7. Access out of the site will be limited to right turns onto westbound Dam Neck Road. 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. Supplemental 1 nformation41 Zoning History iiiap Map Not to Scale Tidewater Institute a- IM 01 CUP for Outdoor Recreation Facility # I DATE IREQUEST I ACTION 1 02/11/97 Conditional Use Permit (communication towers) Granted 2 06/22/93 Conditional Use Permit (auto repair) Granted 3 05/08/89 Conditional Use Permit (golf course) Granted 4 06/13/88 Rezoning from AG-1 Agriculture to 1-1 Industrial Granted 09/14/93 Rezoning from 1-1 Industrial to AG-1 Agriculture Granted 5 09/14/93 Conditional Use Permit (horse race track) Granted TIDEWATER I Public Agency Comments Public Works Master Transportation Plan (MTP): The Master Transportation Plan shows Harpers Road as a future 100 foot wide roadway. There are no plans in the Capital Improvement Program to upgrade Harpers Road at this time. A variable width right-of- way reservation, up to 50 feet in width, will be required along the frontage of this site during detailed site plan review. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use Dam Neck Road 30,055 32,500 - 0 ADT' ADT' Proposed Land Use 3- 1,141 'Average Daily Trips s as defined by agricultural fields 3 as defined by 16 soccer fields Public Utilities Water: City water lines do not front the property, but service may be extended for connection purposes provided hydraulic analysis supports the potential demand. Sewer: City sewer is not available. Health Department approval is required for septic systems. Connection to Hampton Roads Sanitation District (HRSD) force main via private grinder pumps and force main may also be an option. 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: Drive aisles supplying emergency responders with access to each field area must be provided. The road surface must be capable of supporting 75,000 pounds and be provided with adequate turn around space. Additional Fire TIDEWATER INSTIT Department concerns will be addressed during detailed Ian review process. TIDEWATER INSTIT A to m TIDEWATER IN M..a. H% Nor T' y V�j V�1 41 V p0pp ,41 M. N N see Exhibit B Proposed Site Plan Exhibit C Proposed Building Plan 11 F] .� 2O2 m m G m m• E ... G C. m� D "JO. C1 �$`m.� .L m m fA L 'O L'• .�.. 3�p'o mw �viocmwLw X m oc Wo® m a3c woo= o ws>ouc$maU to 3$ o io inJ w m c,%"ao� m re m o ro wv L c cr.. m E to c� E m a aci m~O-.a° m cN m w mw_ m Eca cw 'LC Dmw�g05 Q wm �w Cw �4»h �w�C=LiLO 0•J Om�C -•. C� {0 ... •G w mm mmC +.`=.,m .c.E2 00. W X` :5 O O 1 C r O Y . •= t c. m m 0$ m O m C.: 4Cf 4: U C 5CV a 6 C2 wLy �•_ N L �� s a � c •p°p w e g l' w sc Z m ��9mmw. m Crm `per ip !a CO = 17 w. W a v 3 Q a A. C� E Z _ w N 'A=. m y _ �myym j68r M mm t�7=m40 y L i- Iwo CDC Exhibit D 1 Disclosure Statement w � C my G� M I. o oQ.a�r m �c1pu w m -o E m m— m sz—m = � ppyy.gyp mLm o- 1m y�•iac } a zmj—m O c..a t w » 4 y ti,�p mo 4 2 mL� o•E � �' �_� Ul'a C7 .� U�o�mm Noirv�r�aav JJWUHd �sn �vuocuallo3 �d m o m L� C m m Zt = O C - o ri '�m o. Q OR L � �p m „� fl' •O r � lt7m chi O�� C,ci, m� o E VUS� SWm 2Zo m w `o m _$ Ga \ m } of ZGLmQa1'r. i �R 'O vl mL l0 C O m� Q0 S. m� m+ 0Oam3m CmC C9z > p0 c$'S Oo YLm—Q OEW c7� eC.i0 3 n= m„ Q000 (a W o E m ma w e � c � m 3- `q`qmE`- tCL cia QagiII j©a J R5C90 t mo C m o mm ti 8a a=m�m_o J amc t�o ? gm > a $ nmog L O 2 :. (Y $n� v �a m nT�°Q KmEO C yc P m=Cm U m= ma t L m ai y y y+�y OUo� Y }_ _ �% a Q a� .L m Q t9 F� W m m O to mgJn �E a c.�tgm2 Uo E� c=t. m 31lmU� H� 1. m Fto J J (y TIDEWATER INSTI �o �yo JSC' Exhibit D - 2 Disclosure Statement CERTIFICATION: We certify that the information contained herein is true and accurate. We understand that, upon receipt of notification (postcard) that the application has been. scheduled for public hearing, we are 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. ON 2 R: The Taylor Group, LLLP, a Virginia limited liability limited partnership By: LTC Management, Inc., General Partner omas E. Snyder, as Authorized Agent Barbara T. Creech, General Partner Exhibit E - 1 Supplemental Information DEPARTMENT OF THE NAVY' NAVAL AIR STATION OCEANA 1750 TOMCAT BOULEVARD VIRGINtA BEACH, VIRdtmA 2wo.2ies S 8�2t,X. REFER T¢` SelLr` 33/028 January 14 2005` Ms. Barbara Duke City of Virginia Beach Department of Planning 24'05 Courthouse Drive, Building 2 Virginia 'Beach, ;VA 23456-9040 Dear Ms. Duke-.: Thank you for the opportunity to review the Conditional Use Permit Application by Tidewater Institute of Sports LLC, for the proposed outdoor recreation facility on the northeast corner of Harpers Road and Dam Neck Road. The site is located in the greater than 75 decibel (dB) day ---night average (Ldn) noise zone-, one and one half miles south of Naval Air Station (NAS) Ocean. A portion of this property is encumbered by a Navy owned easement; a .letter'from our real estate division is enclosed. The Navy's Air Installations Compatible Use Zones Program considers this use generally compatible with airfield operations. We met with Mr.'McCann on several occasions during his -initial phase of planning and were able.to work together to come up with a,plan agreeable to all. On behalf of the Navy, I would like to thank the applicant for considering the impact of our operations and their willingness to work with us in the development of this property;. if you have any questions', contact my Community Planning Liaison officer, Mr_. Ray Firenze at ('757) 433-3158. Sincerely and very respectfully, V S. Nagy o€ficer Enclosure LANTNAVF'ACENGCOM ltr EI-0342 OPAR-PH of 8 Sep 04 Copy to: COMNAVREG MIDLANT (d0/NO2B) Regional Engineer Mayor Meyers Oberndorf Virginia Beach City Council Virginia `Beach _Planning Commission R PM DEPARTMENT OF THE NAVY NAVAL FACILITIES ENGINEERING COMMAND, MtD-ATLANTIC 9FM MARYLAND AVENUE NORFOLK, VA 23511-3M Mr. Michael McCann Tidewater Institute of Sports 2600 Long Creek Drive Virginia Beach, Virginia 23451 Dear Mr. McCann. Exhibit E - 2 Supplemental Information 322-4928 01 FZKY:REFER. TO EI-0342 OPAR-PH September 2004 Reference is made to Tidewater Institute of Sports' (TSI) letter of April 29, 2004 regarding development of soccer fields between Harper's Road near and Dam Neck Road. By letter of June 8, 2004 the Government advised that it could not approve the proposed uses on the property encumbered by Grant of Basement dated October 23, 1981, recorded in Deed Book 2201, Page 0284, in the Clerk's office of the Circuit Court of the City of Virginia Beach. By letter of August 5, 2004 you provided a revised site plan for Navy review. After review of your letter and revised site plan, it is determined that the proposed uses for parking, maintenance shed and nonspectator training fields are allowed under the easement. The Navy has concern with the proximity of the pick up/drop off/viewing area to the property encumbered by the easement and requests you take appropriate steps to ensure compliance. If there are any questions, please contact Mrs. Patty Hankins at 322- 4928 or me at 322-4936. Blind copy to: NAvFAc miDLANT (Code DRE82) ANAS Oceana Sincerely, W 'WNW* A MATTHEW D. KT_TRTZ Real Estate Contracting officer Business Line Coordinator -Real Estate Naval Facilities Engineering Command, Mid-AtlantiC By direction of the Commander TIDEWATER I Item #10 Tidewater Institute of Sports, L.L.C. Conditional Use Permit East side of Harpers Road District 6 Beach February 9, 2005 CONSENT William Din: The next item is Item #10, Tidewater Institute of Sports, L.L.C. for a Conditional Use Permit for a recreational facility of an outdoor nature on property located at the east side of Harpers Road, approximately 1,080 feet north of Dam Neck Road in the Beach District, and there are seven conditions. Ann Crenshaw: Good morning. My name is Ann Crenshaw. I'm with Kaufinan and Canoles and serve as Counsel to the applicant. We have read each of the conditions and accept each condition, and appreciate being put on your consent agenda. William Din: Thank you very much Ms. Crenshaw. Is there any objection to placing this on consent? If not, Barry Knight is going to explain this issue. Barry Knight: This is 92 acres on Dam Neck Road. The proposal is to create a facility for the Virginia Rush Soccer Club. The club has over 100 competitive teams. There are over 1,500 players, and over 3000 recreational and development planners. You can see there is a great need for a facility of this type. This Tidewater Institute of Sports is actually Mike and Chris McCann through their generosity. This is not going to be a moneymaker but this is going to do something that is greatly needed in the City. And if we can get these players and kids and everyone involved in soccer, it is going to be a wonderful use of this land. The Navy has even recommended this. Part of this land has air restrictions over it. That portion of the land will be practice fields and parking, and the part that is in the totally high noise zone will have spectators. The access will be through Dam Neck Road. I know Mr. McCann has been very diligent in trying to buy this site, and this is the best site he has found. He has good access through Dam Neck Road, and we would like to welcome you to Virginia Beach, and we think it's a great use of the land, and we put it on consent agenda. William Din: Thank you Mr. Knight. The consent agenda item that I have for approval is Item #10, Tidewater Institute of Sports, L.L.C. for a Conditional Use Permit application for recreational outdoor facility on the east side of Harpers Road, approximately 1,080 feet north of Dam Neck Road in the Beach District with seven conditions. So I move to approve this consent agenda item. Dorothy Wood: Thank you. Do I have a second? Eugene Crabtree: Second. Item #10 Tidewater Institute of Sports, L.L.C. Page 2 Dorothy Wood: Mr. Miller. RobertMiller: I need to abstain from Item #10. My firm is working on that project. Dorothy Wood: Thank you. 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 Board has approved the consent agenda item with the abstention so noted. -39- Item IV-K4 PUBLIC HEARING ITEM # 39896 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED an Ordinance upon application of UNION BAPTIST CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF UNIbN BAPTIST CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH R010951990 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA Ordinance upon application of Union Baptist Church for a Conditional Use Permit for a church on the north side of South Boulevard, 600 feet more or less northeast of Independence Boulevard Said parcel is located at 4608 South Boulevard and contains 1.186 acres. KEMPSVILLE BOROUGH. The following condition shall be required. 1. Best Management Practice Facilities shall be located in a manner which preserves on -site trees to the greatest extent practicable. This Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth of October. Nineteen Hundred and Ninety -Five. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None October 17, 1995 Zoning History / ;e� RW ,. jrip gm foF �t0IS Yr !#t Conditional Zoning - Recorded Proffers Modification of Conditions for Church addition # I DATE IREQUEST ACTION 1 05/11/99 CUP (auto service station, car wash) Denied 2 10/29/96 CUP (hotel) Granted 3 10/17/95 CUP (church) Granted 01/22/90 CUP (church) Granted 4 06/14/94 Modification of Conditions Granted 04/23/91 Change of Zoning (B-2 to B-3 & 1-2 to B-3) Granted 5 05/04/84 Change of Zoning (B-2 to B-3) Withdrawn 6 07/07/85 Change of Zoning (R-4 to B-2) Granted 7 10/07/85 Change of Zoning (R-8 to B-2) Granted 8 04/09/84 CUP (TV transmission & relay station) Granted 9 02/22/82 Street Closure Granted h 1 rrpGK��C� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Union Baptist Church — Conditional Use Permit (church expansion) MEETING DATE: March 22, 2005 ■ Background: An Ordinance upon Application of Union Baptist Church for a Conditional Use Permit for a church expansion on property located at 4608 South Boulevard (GPIN 14774192980000). DISTRICT 3 — ROSE HALL ■ Considerations: In October 1995, an expansion to this Iong-established church was granted by City Council with one (1) condition: "Best Management Practice Facilities shall be located in a manner which preserves on site trees to the greatest extent practicable." That approval did not include the currently proposed three (3) story, 9,097 square foot mezzanine building that will replace the existing office and residence; therefore, a modification to the current Conditional Use Permit is requested. The submitted building elevation also depicts an overhead walkway that will connect the existing church building to the mezzanine building. On January 19, 2005, the Board of Zoning Appeals (BZA) deferred a request for variances to the maximum height requirement of 35 feet and to the minimum setbacks (each a 20 foot setback) along the northern and southern property lines (along South Boulevard and 1-264). The deferral will allow the church to investigate revising their site plan to move the building back from South Boulevard and closer to 1-264. In the past, the BZA granted variances for this church for a reduction in minimum lot size, encroachment into the front yard setback, and a reduction in minimum parking requirements. Currently, the church shares parking with the office to the east as the parking needs are typically at opposite time frames. The church has been at this location for many years. The shared parking between the church and the office to the east has proved to work well. There do not appear to be any potential conflicts with the proposed expansion and the surrounding uses. The actual footprint of the building on the site will be determined by the Board of Zoning Appeals; however, Staff concludes a slight move of the building to the north and west does not significantly change the compatibility of the use to the surrounding area. Union Baptist Church Page 2 of 2 Planning Commission placed this item on the consent agenda because it is the expansion of an existing use, staff recommended approval, and there was no opposition. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 10-0 with 1 abstention to approve this request with the following conditions: When the multi -purpose center is constructed, is shall be in general conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Union Baptist Church, 4608 South Boulevard, Virginia Beach, VA, prepared by MSA, P.C., dated 12/01/04, subject to any changes in the footprint of the building that may result due to action of the Board of Zoning Appeals. 2. When the multi -purpose center is constructed, it shall be in substantial conformance with the elevations entitled, " Front Elevation, Union Baptist Multipurpose Center, Virginia Beach, VA," prepared by Rancorn Wildman Architects, subject to any changes that occur due to modifications in the footprint of the building resulting from action of the Board of Zoning Appeals. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department P City Manager: I�- UNION BAPTIST CHURCH Agenda Item # 5 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. Location and General Information REQUEST: Modification of Conditions placed on a conditional use permit for a church approved by City Council most recently on October 17, 1995. LOCATION: Property located on 4608 South Boulevard. Union Ba, GO fol Cwd—dZ—t-P—ledrmffm Mo&fkadon of Conditions for Chwch addition GPIN: 14774192980000 COUNCIL ELECTION DISTRICT: 3 — ROSE HALL UNION BA SITE SIZE: 1.156 acres EXISTING LAND USE: There is an existing church and residence on the property. SURROUNDING North: . Interstate 264 access ramp LAND USE AND South: . Apartments / AA 8 Apartment District ZONING: East: . Office / 1-1 Light Industrial District West: . Interstate 264 access ramp NATURAL RESOURCE AND CULTURAL This site is within the Chesapeake Bay watershed. There does not FEATURES: appear to be anything of environmental significance on the property. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of Proposa The Conditional Use Permit permitting the replacement of an ageing sanctuary with the structure on the property today was approved by the City Council on January 22, 1990 with four (4) conditions. Those conditions were: 1. Approval is subject to the required parking and setback variances by the Board of Zoning Appeals. 2. Public sewer and water are required. 3. A variable width right-of-way reservation is required along the entire South Boulevard frontage to provide for a 60 foot collector street. The dedication is to be measured 30 feet from the centerline of the existing pavement section. Approximately eight feet of right-of-way reservation is required. 4. The utilization of best management practices for controlling stormwater runoff which are reasonably applicable to the development of the site. In October 1995, an expansion to the church was granted by City Council with one (1) condition: "Best Management Practice Facilities shall be located in a manner which preserves on site trees to the greatest extent practicable." UNION These approvals did not include the currently proposed three (3) story, 9,097 square foot mezzanine building that will replace the existing office and residence; therefore, a modification to the current Conditional Use Permit is requested. The submitted building elevation also depicts an overhead walkway that will connect the existing church building to the mezzanine building. On January 19, 2005, the Board of Zoning Appeals (BZA) deferred a request for variances to the maximum height requirement of 35 feet and to the minimum setbacks (each a 20 foot setback) along the northern and southern property lines (along South Boulevard and 1-264). The deferral will allow the church to investigate revising their site plan to move the building back from South Boulevard and closer to 1-264. In the past, the BZA granted variances for this church for a reduction in minimum lot size, encroachment into the front yard setback, and a reduction in minimum parking requirements. Currently, the church shares parking with the office to the east as the parking needs are typically at opposite time frames. Comprehensive plan The Comprehensive Plan designates this area as a part of Strategic Growth Area # 4. This area is recommended for mixed use development including medium intensity and medium to high-rise office, business, hotel, and institutional. It is also recommended that Strategic Growth Area # 4 include a mix of residential types at varied densities as well as community centers and other compatible support uses. Staff Evaluation Staff recommends approval of this request. The church has been at this location for many years. The shared parking between the church and the office to the east has proved to work well. There do not appear to be any potential conflicts with the proposed expansion and the surrounding uses. The actual footprint of the building on the site will be determined by the Board of Zoning,_," w3 UNION BAPTIST CHURCH Agenda Item # 5 page 3 Appeals; however, Staff concludes a slight move of the building to the north and west does not significantly change the compatibility of the use to the surrounding area. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. When the multi -purpose center is constructed, is shall be in general conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Union Baptist Church, 4608 South Boulevard, Virginia Beach, VA," prepared by MSA, P.C., dated 12/01/04, subject to any changes in the footprint of the building that may result due to action of the Board of Zoning Appeals. 2. When the multi -purpose center is constructed, it shall be in substantial conformance with the elevations entitled, " Front Elevation, Union Baptist Multipurpose Center, Virginia Beach, VA," prepared by Rancom Wildman Architects, subject to any changes that occur due to modifications in the footprint of the building resulting from action of the Board of Zoning Appeals. 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. Supplemental Information Zoning History [#1 Conditional Zoning- Recorded Proffers Modification of Conditions for G/surch addltton # I DATE IREQUEST I ACTION 1 05/11/99 CUP (auto service station, car wash) Denied 2 10/29/96 CUP (hotel) Granted 3 10/17/95 CUP (church) Granted 01/22/90 CUP (church) Granted 4 06/14/94 Modification of Conditions Granted 04/23/91 Change of Zoning (B-2 to B-3 & 1-2 to B-3) Granted 5 05/04/84 Change of Zoning (B-2 to B-3) Withdrawn 6 07/07/85 Change of Zoning (R-4 to B-2) Granted 7 10/07/85 Change of Zoning (R-8 to B-2) Granted,-',,,,,",,-,,, 8 04/09/84 CUP (TV transmission & relay station) Granted 9 02/22/82 Street Closure Granted Public Agency Comments Public Works Master Transportation Plan (MTP): South Boulevard in the vicinity of this request is a two (2) lane local road. There are no planned projects to upgrade this roadway. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 67ADT Weekday 5,817 6,200 — 267 ADT Sundays South Boulevard ADT' 9,900 ADT' s Proposed Land Use 275 ADT Weekday 391 ADT Sundays 'Average Daily Trips Zas defined by eAsting church 3 as defined by addition of multi purpose center Public Utilities Water: There is a 10 inch water main in South Boulevard. This site has an existing water meter that may be used or upgraded. Sewer: There is an 8 inch sanitary sewer main in South Boulevard. This site is already connected to City sanitary sewer. A pump station analysis may be required to determine if flows can be accommodated. Public Safety Police: The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Ade uate — no additional comments. 71 UNION 19 j <� `ac,e ko tl r � -y 1 vo� w � T s r J))) d ■r an ependence m 94, Fes;- Exhibit B Proposed Site Plan (showing revised setbacks to be presented to Board of Zoning Appeals) L to 72 sn v m 0 Exhibit D Proposed Building Elevation UNION Exhibit E Disclosure Statement Item #5 Union Baptist Church Conditional Use Permit 4608 South Boulevard District 3 Rose Hall February 9, 2005 CONSENT William Din: Our next item is Item #5, Union Baptist Church for a Conditional Use Permit for a church on property located at 4608 South Boulevard in the Rose Hall District and there are two conditions. Michael Perry: Good afternoon Madame Chair, members of the Planning Commission. My name is Mike Perry. I'm representing the applicant. We have reviewed the conditions and approve. Thank you. William Din: Thank you Mr. Perry. Is there any objection to placing this item on consent? If not, Mr. Crabtree will explain this issue. Eugene Crabtree: If you look at the map you will see that this church, which has been ® there for 150 years and has all kinds of things built around it, and encroached upon from South Boulevard to the interstate, and through the years they have had a number of things that they have come before the City to request. First, it was to enlarge the current sanctuary, as you see is there. And, they have had to go before the Zoning in order to get some variances for some of the zoning in this area. They have been good neighbors to the people around them for many years. The expansion of this church to build a new building, I think is a good thing for the church for their future growth of the church. We felt like it is in compliance with the Comprehensive Plan. It does not impact on the noise zone of the airplanes of Oceana. It is in the strategic growth area as recommended in our Comprehensive Plan. So, we just think that because of all of these things it deserves to be on the consent agenda, so therefore we have placed it on the consent agenda today. William Din: Thank you Mr. Crabtree. The consent agenda item that I have for approval is Item #5, Union Baptist Church for a Conditional Use Permit for a church at 4608 South Boulevard in the Rose Hall District with four 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 Item #5. My firm is working on that project. Item #5 Union Baptist Church Page 2 Dorothy Wood: Thank you. 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 Board has approved the consent agenda item with the abstention so noted. Zoning History # I DATE REQUEST ACTION 1 5-28-02 Conditional Use Permit (Fuel Sales) Approved 2 12-10- Conditional Use Permit (Mini -storage) Approved 02 . X <', � J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: General Rental Center — Conditional Use Permit (motor vehicle rental and bulk storage) MEETING DATE: March 22, 2005 ■ Background: An Ordinance upon Application of General Rental Center for a Conditional Use Permit for motor vehicle rental and bulk storage on property located at 616 Village Drive (GPIN 24076738430000). DISTRICT 6 — BEACH ■ Considerations: The applicant currently operates General Rental Center on the site and wishes to obtain a Conditional Use Permit for the rental of small to medium sized moving trucks. The applicant indicates there could be up to 25 vehicles on the site but no more than 10 to 15 vehicles will be on site. The trucks will 10-feet, 15-feet and 24-feet in length. The submitted exhibit plan depicts five parking spaces adjacent to Village Drive to be occupied by the vehicles and a 180-foot by 35-foot area in the rear of the site to be used for vehicle parking. During a site inspection, Staff determined that the applicant has a bulk storage area for existing rental items such as light construction type equipment and utility trailers. The bulk storage portion of the request was added to the request after the site inspection. Approval will bring the site into compliance with the City Zoning Ordinance. The commercial use is consistent with the Comprehensive Plan recommendations for uses within this AICUZ high noise area. The requested use is also compatible with and complementary to the existing uses in the area — provided the attached conditions are adhered to. Planning Commission placed this item on the consent agenda because it is the expansion of an existing use, 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 this request with the following conditions: General Rental Center Page 2 of 2 1. The site is limited to 15 vehicles available for rental purposes. 2. Rental vehicle parking shall be located as depicted on the submitted exhibit entitled "Exhibit of General Rental Center, 616 Village Drive, Virginia Beach, Virginia", dated 11/19/04, and prepared by MSA, P.C., EXCEPT there shall be no rental vehicles parked forward of the building wall parallel to Village Drive. 3. Street frontage landscaping, in accordance with the City of Virginia Beach Parking Lot and Foundation Landscaping Specifications and Standards, shall be installed in the grassy area along Village Drive. 4. The bulk storage / rental vehicle parking area shall be enclosed with Category VI screening, in accordance with the City of Virginia Beach Landscape Screening and Buffering Specifications and Standards. The applicant shall confer with Staff to determine the appropriate location for the screening and buffering. 5. Existing rental items, such as light construction equipment and utility trailers, shall be stored within the rental vehicle parking area depicted on the submitted exhibit entitled "Exhibit of General Rental Center, 616 Village Drive, Virginia Beach, Virginia", dated 11/19/04, and prepared by MSA, P.C. 6. The bulk storage / rental vehicle parking area may be gravel provided a waiver of on -site improvements is requested and approved by the Planning Director. 7. The applicant shall pressure wash and paint the building, and perform general maintenance on the building. Paint colors shall be limited to earth tones. ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department^,t City Manager: GENERAL RENTAL CENTER Agenda Item # 7 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. REQUEST: LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Location and General Information Conditional Use Permit request for Motor Vehicle Rental and Bulk Storage Property located at 616 Village Drive 24076738430000 6 - BEACH CUP for Motor Vehicle Rental SITE SIZE: 0.98 acre EXISTING LAND USE: General Rental Center occupies the site. SURROUNDING North: • Retail and service type uses / B-2 Business LAND USE AND South: . Mini -warehouses / B-2 Business ZONING: East: • Retail uses / B-2 Business Village Drive West: . Retail uses and Mini -storage / B-2 Business NATURAL RESOURCE AND The site is partially developed with the building and parking areas. CULTURAL The balance of the site is grassed. There are no significant natural FEATURES: resources or cultural features associated with the site. AICUZ: The site is in an AICUZ of Greater than 75dB Ldn and an Accident Potential Zone (APZ) I surrounding NAS Oceana. The United States Navy has reviewed the request and finds it compatible with airfield operations. The applicant currently operates General Rental Center on the site and wishes to obtain a Conditional Use Permit for the rental of small to medium sized moving trucks. The applicant indicates there could be up to 25 vehicles on the site but generally no more than 10 to 15 vehicles will be on site. The trucks will 10-feet, 15-feet and 24-feet in length. The submitted exhibit plan depicts five parking spaces adjacent to Village Drive to be occupied by the vehicles and a 180-foot by 35-foot area in the rear of the site to be used for vehicle parking. During a site inspection, Staff determined that the applicant has a bulk storage area for existing rental items such as light construction type equipment and utility trailers. The bulk storage portion of the request was added to the request after the site inspection. Approval will bring the site into compliance with the City Zoning Ordinance. Comp�rehensiv+� Dian The Comprehensive Plan Map designates this area of the city as Strategic Growth Area # 7 — Hilltop / North Oceana Area. The Comprehensive Plan identifies the First Colonial Road corridor from 1-264 to Hilltop and Laskin Road through the Hilltop area as an area that is considerably underdeveloped. The Plan recommends non-residential use because of the influence of the AICUZ high noise in the area. am MMOM Staff Evaluationq Staff recommends approval of this request. The commercial use is consistent with the Comprehensive Plan recommendations for uses within this AICUZ high noise area. While the site appears to be underutilized considering its location within a strategic growth area it is in keeping with existing surrounding uses. The requested use is also compatible with and complementary to the existing uses in the area — provided the attached conditions are adhered to. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. The site is limited to 15 vehicles available for rental purposes. 2. Rental vehicle parking shall be located as depicted on the submitted exhibit entitled "Exhibit of General Rental Center, 616 Village Drive, Virginia Beach, Virginia", dated 11/19/04, and prepared by MSA, P.C., EXCEPT there shall be no rental vehicles parked forward of the building wall parallel to Village Drive. 3. Street frontage landscaping, in accordance with the City of Virginia Beach Parking Lot and Foundation Landscaping Specifications and Standards, shall be GENERAL R installed in the grassy area along Village Drive. 4. The bulk storage / rental vehicle parking area shall be enclosed with Category VI screening, in accordance with the City of Virginia Beach Landscape Screening and Buffering Specifications and Standards. The applicant shall confer with Staff to determine the appropriate location for the screening and buffering. 5. Existing rental items, such as light construction equipment and utility trailers, shall be stored within the rental vehicle parking area depicted on the submitted exhibit entitled "Exhibit of General Rental Center, 616 Village Drive, Virginia Beach, Virginia", dated 11/19/04, and prepared by MSA, P.C. 6. The bulk storage / rental vehicle parking area may be gravel provided a waiver of on -site improvements is requested and approved by the Planning Director. 7. The applicant shall pressure wash and paint the building, and perform general maintenance on the building. Paint colors shall be limited to earth tones. 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. Supplemental Information Zoning History # I DATE REQUEST ACTION 1 5-28-02 Conditional Use Permit (Fuel Sales) Approved 2 12-10- Conditional Use Permit (Mini -storage) Approved 02 Public Agency Comments Public Works Master Transportation Laskin Road is classified as a Major Urban Arterial Plan (MTP): roadway. Vehicle access to this site will be from Laskin Road on to Village Drive. Future comments may be forthcoming upon a site plan submission. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use 30,000 31,700 - 112 Laskin Road ADT ADT' Proposed Land Use 3 - 262 ' Average Daily Trips s as defined by the existing rental center 3 as defined by the ebsting rental center and truck rentals The site is connected to City water and sewer. 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 (OPTED) concepts and strategies as they pertain to this site. Fire and Rescue: Fire Department issues will be addressed during site plan review. Exhibit B Proposed Site Plan Z jl W 0. _.w f�l i ram. agenda Item'# 7 Page ;9 GENERAL Exhibit C Photograph of Site Hr AL" CENTER nda item',* 7 -P:age 1e0 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: !' List the applicant name followed by the names of all officers, members, trustees, partners, etc. below:(Attach list if necessary) General Rental Center 2. List all businesses that have a parent -subsidiary' or affiliated business entityr2 relationship with the applicant (Attach list if necessary) NIA 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 ujiIncorporated organization, complete the following: List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list` if necessary) Phillip R. Bartley 2. List all businesses that have a parent subsiidiary' or affiliated business entity' relationship with the applicant: (Attach list if necessary) N/A Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Cond'owal use Permit Application Page 10 of 11 Revised 2119,2004 Exhibit D - 2 Disclosure Statement DISCLOSURE STA'TEMEI 0 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) MSA, P.C. Troutman Sanders, LLP 1 "Parent -subsidiary relationship means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership' interest in the other business. entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared_ management or control, between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions i Applicant's Sigobb ire Print Name Property Owner's Signature (d different than applicant) Print Name Condibonat Use Permit Application Page 11 of 11 Revised 21192004 GENERAL Item #7 General Rental Center Conditional Use Permit 616 Village Drive District 6 Beach February 9, 2005 CONSENT William Din: The next item that I have is Item #7. This is General Rental Center for an application for a Conditional Use Permit for motor vehicle rental and bulk storage on property located at 616 Village Drive in the Beach District, and there seven conditions. Michael Perry: For the record, my name is Mike Perry. I'm here representing the applicant. We have reviewed those conditions and approve as stipulated. We understand that a seventh one was added, which has been approved by the applicant. Thank you. William Din: Thank you Mr. Perry. Is there any objection to placing this on consent agenda? If not, we will have Ms. Anderson speak on this issue. Janice Anderson: Thank you. There is an existing General Rental establishment already at this location, and they are asking for a Conditional Use Permit to add rental trucks and for bulk storage. This business rents a wide range of hardware equipment, and actually is one of husband's favorite places to visit besides a hardware store. This application is only to add the moving trucks, and like I said the bulk storage for outdoor storage of their equipment. The City has limited it to 15 moving trucks, and they have specified in the conditions where they shall be parked. The bulk storage is in the back. That's outdoor storage of equipment, and there is a requirement in the condition for adequate screening. Also, there is improved landscaping at this site, and some maintenance of the building since it is a little older building that's required in the conditions which has been accepted by the applicant. So, we are recommending approval to Council. William Din: Thank you Ms. Anderson. The consent agenda item that I have for approval is Item #7 General Rental Center for a Conditional Use Permit for motor vehicle rental and bulk storage on property located at 616 Village Drive in the Beach District with seven 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 Item #7. My firm is working on that project. Item #7 General Rental Center Page 2 Dorothy Wood: Thank you. 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 Board has approved the consent agenda item with the abstention so noted. Zoning History CUP for Residential Kennel # I DATE IREQUEST ACTION 1 2-23-98 Variance to Sections 105 and 110 of the Approved Chesapeake Bay Preservation Area Ordinance 2 4-25-95 Subdivision Variance Denied 3 6-25-90 Subdivision Variance Approved �Nu aeA CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: Judith M. Cofield — Conditional Use Permit (residential kennel) MEETING DATE: March 22, 2005 ■ Background: An Ordinance upon Application of Judith M. Cofield for a Conditional Use Permit for a residential kennel on property located at 1349 Sycamore Road (GPIN 14887816670000). DISTRICT 5 — LYNNHAVEN ■ Considerations: The applicant is seeking approval of a Conditional Use Permit for a residential kennel. The applicant, along with her mother, owns a total of five dogs, ranging in age from eight years to fourteen years. Since the applicant has more than four dogs, which is the number permitted by right, a use permit is required. The applicant has no intention of breeding or boarding any animals other than her own. Staff concludes that the request is compatible with surrounding uses provided the attached conditions are adhered to. There was opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the request with the following conditions: 1. By January 15 of each year, the applicant shall submit to the Zoning Administrator evidence that the dogs are up to date on any required shots and properly licensed through the City of Virginia Beach. 2. Upon the death of any one of the five (5) dogs the site shall be limited to no more than four (4) dogs. 3. The applicant shall strive to insure that the dogs are confined to her property at all times. Any outdoor area for the animals shall not be located within 100-feet of the property line of any adjacent lot, as specified in Section 223 of the City Zoning Ordinance. The applicant may apply to the Board of Zoning Appeals for a reduction in this requirement. Judith M. Cofield Page 2of2 ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department�pl�� l� City Manager. I�%�7 JUDITH M. COFIELD Agenda Item # 8 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. Location and General Inforrhation REQUEST: Conditional Use Permit request for Residential Kennel LOCATION: GPIN: COUNCIL ELECTION DISTRICT: Property located at 1349 Sycamore Road 14887816670000 5-LYNNHAVEN SITE SIZE: 1.78 acres EXISTING LAND USE: Residential SURROUNDING North: • Single-family dwelling / R-40 Residential LAND USE AND . Sycamore Road ZONING: South: • Single-family dwelling / R-40 Residential East: • Single-family dwelling / R-40 Residential West: 0 Single-family dwelling / R-40 Residential NATURAL RESOURCE The site is located within the Resource Protection Area of the AND Chesapeake Bay Preservation area. The Chesapeake Bay CULTURAL Preservation Area Board approved a variance on February 23, 1998 FEATURES: for the construction of a single-family home and accessory uses. AICUZ: The site is in an AICUZ of less than 65dB Ldn surrounding NAS Oceana. Summary of Proposa The applicant is seeking approval of a Conditional Use Permit for a residential kennel. The applicant, along with her mother, owns a total of five dogs, ranging in age from eight years to fourteen years. Since the applicant has more than four dogs, which is the number permitted.by right, a use permit is required. The applicant has no intention of breeding or boarding any animals other than her own. Comprehensive Plan The Comprehensive Plan map designates this site 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, JUDITk1.M.'COFIELD Agenda Item".4-8 Page 2 around these neighborhoods should serve as a guide when considering future development. Staff Evaluation Staff recommends approval of this request. The request is in keeping with the recommendations of the Comprehensive Plan. The area is primarily residential in nature. The request is for a residential kennel of no more than five (5) dogs. The request is compatible with surrounding uses provided the attached conditions are adhered to. Staff, therefore, recommends approval of this request subject to the conditions below. Conditions 1. By January 15 of each year, the applicant shall submit to the Zoning Administrator evidence that the dogs are up to date on any required shots and properly licensed through the City of Virginia Beach. 2. Upon the death of any one of the five (5) dogs the site shall be limited to no more than four (4) dogs. 3. The applicant shall strive to insure that the dogs are confined to her property at all times. Any outdoor area for the animals shall not be located within 100-feet of the property line of any adjacent lot, as specified in Section 223 of the City Zoning Ordinance. The applicant may apply to the Board of Zoning Appeals for a reduction in this requirement; IROW94W, 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(4) of the Citv Zonincr Ordinance for further JU Supplemental Information information. Zoning History CUP for Residential Kennel # I DATE IREQUEST I ACTION 1 2-23-98 Variance to Sections 105 and 110 of the Chesapeake Approved Bay Preservation Area Ordinance 2 4-25-95 Subdivision Variance Denied 3 6-25-90 Subdivision Variance Approved JUDI Public Agency Comments The proposed request does not generate any additional traffic. The site is connected to City water and sewer. Public Works Public Utilities Public Safety Police: There are no Police Department concerns with this request. Fire and Rescue: There are no Fire Department concerns with this request. JUD Yu 3 aUl 40 -Y� imd ,.t... .. .. Q� a o � tt 1 { 5�, � � \ � \� \ \ \ � �� Exhibit B Proposed Site Plan h" 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) I 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT corporation, partnership, fine, business, or 'tither unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is dfflerent from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. Listthe 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 entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' & 2 See next page for footnotes Conditional Use Permit Application Page 9 of 10- RRevised 9112004 Exhibit C - 1 Disclosure Statement v V DISCLOSURE STATEME ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va.. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a.controiling owner in one entity is also a controlling owner in the other entity, or Qii) 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 awn or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities; resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101_ CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, up ' receipt of notification (postcard) that the application has been scheduled for pu 'hearing, i am responsible for obtaining and posting the required sign on the sujWct property at least 30 days prior to the scheduled public hearing �"ing Wdie Mructiogs in this package. Print Name Signature (if different than applicant) Print Name Conditimal Use Permit Application Page10 of 10 Revised 91112004 Item #8 Judith M. Cofield Conditional Use Permit 1349 Sycamore Road District 5 Lynnhaven February 9, 2005 REGULAR Joseph Strange: The next item is Item #8, Judith M. Cofield, for an application of Judith M. Cofield for a Conditional Use Permit for a residential kennel on property located at 1349 Sycamore Road, District 5, Lynnhaven. Judith Cofield: Good afternoon. Judith Cofield. I don't do this for a living, so I'm not sure, except to tell you that what's happened to my life. Last May my father died. After 60 something years of marriage, my mother came to live with us, and she has a dog. So, my four, which were apparently legal unrenowned to me, became illegal to me, also unrenowned to me. And, so now I have five, and sit here because really a City person very kindly suggested upon the complaint of my neighbor that this is what I do. So here is what I am doing and asking you to let that dog remain with me. I don't know how to say otherwise to you, I will tell you that. They don't run free. I did read that, and I ® would like to tell you that is not true. Three of them are on medications for arthritis, twice a day. They don't run at all. They hardly walk. They walk very slowly. It is entirely fenced in the backyard, and the front it is not, but it has plans on being. I just haven't completed the house. I have a temporary occupancy permit to be there. I didn't even have a permanent one yet. So, when we went out front one time, one went into her azaleas, and she was upset. That's the extent of any real comment that I have had through the neighbors. They don't even sleep outside. They sleep in my bedroom. They are between the ages of 9 and 11, so I don't know how much longer they're going to be here anyway. I put right in my permit that on my request that when one dies I don't need five again. The five became a multination in merger of two families. So, I ask you to let us remain together as long as we can. Dorothy Wood: And you did read the conditions that were put in there that when one passes away you will not replace it? Judith Cofield: Oh, thank you. I suggested that. There is one thing that Mr. Bourdon told me that I'm suppose to tell you, and my husband also had a question about it, and I don't know where it is, that 50 versus a 100 feet setback. It is not really a setback. A reduction to less than 100 yards would have to go before the Board of Zoning Appeals, and I'm suppose to put you on notice that I would have to do that because we're on the water, and the Chesapeake Bay Act has already said where we can and can't put things, and we are on a very site specific location for fences and so forth. So, I would bet and in between, and I couldn't comply with you and with them by putting it a 100 feet, so I have to apply for that 50 foot setback so that where the pool is and it has a fence, which is then Item #8 Judith M. Cofield Page 2 50 yards from the neighbor, but yet 100 yards from the where, I think the ground levels off and starts its incline toward the water. So, I have to do that, otherwise I wouldn't even have a problem. But I will tell you that I understand because he explained it to me now. That is really in there because I fall into the idea of a kennel. Trust me, I'm not a kennel. I don't have a structure for a kennel. I don't want a commercial kennel. And, as I said, they don't sleep outside. They all sleep inside. So that is the only thing that I suppose to put you on notice for Condition #1 and Condition #2, absolutely no problem whatsoever. They all have had their shots. They go to the doctor more than my child does. And, I thank you. Dorothy Wood: We saw one of your dogs on the outside when we took our van trip. It was a little pretty dog with lots of hair. Judith Cofield: The one I consider my Walt Disney dog. Dorothy Wood: Are there any questions for Ms. Cofield? William Din: I have one. Judith Cofield: Yes sir. William Din: Are you saying you don't agree with Condition #3? Is that what you're saying? Judith Cofield: I can't. You are correct. That is a statement that I will have to go to the Board of Zoning Appeals so that I can have a 50-foot setback, but I can't have a 100-foot setback and still be in compliance with the other rules and regulations that I have to for the Chesapeake Bay Board Act. Because where the pool is situated that was pre - approved and is on the site plan, which then has to have a fence around it, so, again I have to be able to comply with everybody, and if I understand my instructions correctly from Mr. Bourdon, this is really because this is contemplating a huge structure for a kennel and a run, none of which exist. Since it doesn't exist it is just where the fence in the backyard. The fence would comply with all other zoning regulations of the 50-foot setback. William Din: The problem is that you're only objecting to the second sentence here. Judith Cofield: Correct. William Din: Any outdoor area for the animals shall not be located within 100-feet of the property line or adjacent lot as specified in this section of the zoning ordinance. Is that correct? We understand that you have to go before the Board of Zoning Appeals. Item #8 Judith M. Cofield Page 3 Judith Cofield: Correct. I do. I would ask for the 50-foot setback because that is where the fence has to go. The fence has to go there to go around the pool for the pool to be situated where it is to comply with the Chesapeake Bay Act. William Din: So how do we get around this dilemma of how we're going to deal with this? Bill Macali: There is no real dilemma. If these conditions are imposed then.the applicant needs to ask the Board of Zoning Appeals for a variance. That is all. Janice Anderson: I believe on Item #3 what Ms. Cofield had objection to is if you look at the second sentence. The first sentence just says according to that ordinance it requires a 100 feet. The second sentence says that she may apply to the Board of Zoning Appeals for a reduction in that but the second part of that says however reduction to less than 50- feet is not recommended. I believe that is what she is objecting too. She doesn't want that negative recommendation in there and just let her go to the Board of Zoning Appeals and let them decide there. So if we can mark out Conditions #3, "however" to the end of this sentence. Bill Macali: That is really surplus language. I think the Zoning Administrator is probably the one to decide that. Janice Anderson: Right. That is what I would do is put the second sentence after requirement put a period, and delete however recommended. Then I would make a motion to approve with the changed condition. Dorothy Wood: Do I hear a second? William Din: Do we have opposition? Dorothy Wood: No sir. Robert Miller: Second. Dorothy Wood: Second. Ronald Ripley: Can I have a minute before we vote? Dorothy Wood: Of course you can Ron. Ronald Ripley: There is always two sides to every story and usually when we have situations like this there are usually people who are not getting along. I know Mr. Rowkalski, and he's a very reasonable person. I read the letters, and I was kind of concerned and hopefully you take it to heart. Item #8 Judith M. Cofield Page 4 Judith Cofield: I thought about coming up here. Ronald Ripley: It silly for you to have to be here, for it is silly for all of us having to hear it. There is a reason for the ordinance, and that is not to have too many dogs in one area. If you have a dog that is causing problems, I know I have one in my neighborhood and it's uncomfortable. You don't want to walk by the house because you're afraid that you're going to get bit or barked at or whatever. So, it is important to try to resolve this issue because it needs to be resolved. That goes without saying but I'm just going to say it. Judith Cofield: Mr. Ripley, I'm a divorce commissioner. I think there are 3 or 4 sides to every story. I've been married 35 years. I've got to believe there are 10 sides to the story. I don't have a problem with what you're saying, and you are right. I thought about coming up here and talking about. But that is silly because we are supposed to be adults. She was really annoyed and really did yell one time, and people being people it doesn't belong in a public forum. It does belong in a neighborhood saying can we say this is water under the bridge. Can we just get on with our lives? But I can reassure at no point when my dogs do anything except lick you to death. They think they're lap dogs. It really was a question of her azaleas. Ronald Ripley: I just hope you all just try to work it out and resolve it. That is all that I have to say. Judith Cofield: Okay. Dorothy Wood: Mr. Crabtree. Eugene Crabtree: I have one question because I, as Mr. Ripley says, I'm a dog owner. love dogs. But annoying animals that bark excessively or roam excessively are very annoying to the neighborhood. As you say, you keep yours restricted. Judith Cofield: I do. Eugene Crabtree: We never talked about the noise, and we haven't talked about dogs barking. There are five dogs. If one makes the noise the other ones are going to follow. Have you had any complaints about the barking or the noise of your dogs? How restrictive are they in that area? Judith Cofield: Okay. I would say several things. Neighbor two houses down has and I don't really know how many. Two or three, I'm not sure, but I know it's more than two. They stay out 24-7. I can tell you I hear those dogs because they are out 365 days a year. Nobody in this whole neighborhood has complained that noise because it's a neighborhood among other things, their cats, their dogs, they're people. It's a real living neighborhood. Two down in another direction also has dogs that stay out the whole time. Nobody has complained about the dogs. So you have to.sometimes to judge the source Item #8 Judith M. Cofield Page 5 and what the motive is. I will honestly tell you distinct from a comparison or a compare and contrast, my dogs stay in at night. They really do. They won't sleep outside. They never have. I think that's cruel. Number two is that there is no way for them to even be out front unless they're going with me into the jeep when I take them out with me because there is no fence. The fence is all in the backyard and on one way it faces water. There is no neighbor. One way is a big driveway with no neighbor there. The neighbors to this side of me have never complained or said a word. It's only one neighbor and it's not the mister. And he is very nice. Eugene Crabtree: I was just curious if there was because excessive barking is annoying. Judith Cofield: I understand it is. And inside I would scream at somebody to shut up when the go to Korea, but it's not happening outside. Dorothy Wood: There has been one complaint about what Mr. Ripley was talking about. Judith Cofield: I read the other letter, but it isn't about noise. I was trying to be specific to the question. Dorothy Wood: Thank you. Joseph Strange: We do have William Cofield if he would like to say something? Judith Cofield: He would prefer not too. Dorothy Wood: We did have a motion by Ms. Anderson and a second by Mr. Miller. Janice Anderson: With the change. Dorothy Wood: Thank you for coming down Ms. Cofield. Judith Cofield: Thank you. AYE 11 NAY 0 ANDERSON AYE CRABTREE AYE DIN AYE HORSLEY AYE KATSIAS AYE KNIGHT AYE MILLER AYE RIPLEY AYE STRANGE AYE WALLER AYE ABS 0 ABSENT 0 Item #8 Judith A Cofield Page 6 WOOD AYE Ed Weeden: By a vote of 11-0, the Board has approved the application of Judith A Cofield. 021PJ2/2005 11:27 7574209167 LHROSSA CO ' PAGE 02 LaRossa & Co. Certified Public Accountants 6052 Providence Road #101 Virginia Beach, Virginia 23464 (757) 420-6379 February 2, 2005 Faith Christie Planning Department City of Virginia Beach 2405 Courthouse Drive- Room 115 Virginia Beach, VA 23456 Via fax 757-426-5667 Re: Conditional Use Permit at 1349 Sycamore Road for residential kennel. Dear Ms_ Christie, My wife, Sandi, and I live at the adjoining property at 1400 Sycamore ® Road. We are very concerned about the City granting a Conditional Use Permit for a residential kennel. We do not believe it is appropriate for the City to grant the request for a number of reasons, namely - 1) Barking — it is very annoying to hear 1,2,3 or 4 dogs barking early in the morning and night but to increase to 5 or more is unnecessary, 2) Safety — there are a lot of young children in the neighborhood. How are the dogs kept? I do not recall seeing any inhibits to keep the dogs from running wild. The small existing fence along the outside porch does not appear capable of restraining the dogs. 3) Medical reason — My wife has a medical condition that requires her to have a lot of rest and quiet. Allowing additional dogs only exaggerates points 1 and 2 above. 4) Fear — My wife was attacked by 2 dogs years ago and required considerable medical attention. She is very fearful of dogs, especially larger ones, running wild_ In my phone conservation with you on Tuesday, Feb 1, 2005 you informed me that the City allows up to 4 dogs, but to have additional dogs an use permit must be obtained. I believe a limit of 4 is more than fair and adequate and, therefore, believe allowing 5 or more to be excessive. 02i'02f2005 11:27 7574209167 LAROSSA CO PAGE 03 My next concern is what will happen next, i.e. are.kennel structures going to be built? Is a request for 6,7,8 or more coming in the near future? Are the owners planning on operating a business involving the dogs in a residential neighborhood? Is someone going to get attacked or injured if the dogs run free? Finally, we have no problem with someone enjoying the companionship of pets, but lets be reasonable. I cannot imagine why anyone would need or want more than 4 dogs at one time as pets. Requesting a use permit for 5 or more deeply concerns me about what's coming next. Therefore, I respectively request the permit to have 5 dogs or more be denied. Sincerely, T. Garry LaRossa 'kTem' i' January 20, 2005 1348 Sycamore Road Virginia Beach, VA 23452 Members of the Planning Commission City of Virginia Beach Ms. Janice Anderson 2102 Mediterranean Avenue Virginia Beach, VA 23451 RE: Request for Residential Kennel at 1349 Sycamore Road Dear Ms. Anderson: This letter is written in order to request that you deny the application for a residential kennel requested by the Cofield's at 1349 Sycamore Road. We live at 1348 Sycamore Road directly across the street from the subject property. Since the Cofield's moved in they have had five large dogs, each measuring approximately three feet at the shoulder, living on their property. We object to their request for a residential kennel which would allow them to keep five dogs rather than the allowed four for the following reasons: 1. They allow the dogs to run free in their yard and into our yard. r 2. When we have asked Mr. Cofield or Ms. Cofield to please keep the dogs out of our yard, their response has been to curse at us or to make unpleasant remarks to us for not liking their animals. 3. On three occasions one or more dogs came into our yard in the flower beds immediately in front of our house and stood their ground, barking at us even though we tried to shoo them away. We are both concerned for our safety as well as our five year old granddaughter. We can not allow her to play in the yard when these dogs are given free reign. She is afraid of them and we fear for her and our safety as well since these dogs are very large and do not appear inclined to leave -our property when we try to shoo them away. 4. Once, after asking Ms. Cofield, and I want to emphasize every time this was done in a pleasant tone of voice, she came over to the house late one afternoon and stood at the front door of our house with a bottle of beer in her hand and cursed at my wife with language I can not print in this letter. At the same time, she threatened a lawsuit if we continued to complain about her dogs. Since Ms. Cofield is a lawyer with a very nasty reputation, this was of great concern to us. Her reputation for unpleasant behavior was well shown in those incidences. 5. When Ms. Cofield walks the dogs, she walks all five at one time and without a leash. It makes it not only unpleasant to be walking in the neighborhood or riding bikes at the same time, but it is, of course, contrary to the city leash law. It is our conclusion that if the Cofield's are given the right to keep five dogs, they will continue to violate other city regulations and pose a threat to both our comfort and our safety. We strongly request that you deny the application. Sincerely, /Bernie J. �ielene F. CC: File/BJG rpG�� C� 14�a" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Wedgewood Associates — Change of Zoning District Classification MEETING DATE: March 22, 2005 ■ Background: An Ordinance upon Application of Wedgewood Associates, L.L.C., for a Change of Zoning District Classification from A-12 Apartment District to Conditional A-24 Apartment District with a PD-1-12 Planned Development Overlay District on property located on the north side of Bonney Road and Dolton Drive, west of Alicia Drive (GPINS 14771112670000;-1133130000;-2122470000; - 3112940000). The purpose is to develop a planned residential community. The Comprehensive Plan designates this site as being part of Strategic Growth Area 4 — Pembroke Area (Bonney Road West Corridor), suitable for mixed use development including residential consistent with the policies of the Comprehensive Plan. DISTRICT 2 — KEMPSVILLE ■ Considerations: The applicant proposes to rezone this 48.8 acre site from A-12 Apartment District to A-24 Apartment District with a PD-1-12 Planned Development Overlay. The development will be managed as a condominium with 846 units. The density of the project is 19.6 units/acre. ■ Recommendations: Modifications to the proffers were not submitted in a timely manner to meet the deadline established in the City Zoning Ordinance. This application, therefore, must be deferred. ■ Attachments: Location Map Recommended Action: Staff recommends deferral to April 5. Submitting Department/Agency: Planning Department City Manager. S _ Conditional 7oning change. - Zoning History Conditional Zoning Change from R-20 to Conditional 0-1 # I DATE REQUEST ACTION 1 02/10/98 Conditional Use Permit (church) Granted 2 06/11/96 Conditional Use Permit (car wash) Granted 05/19/86 Conditional Use Permit (fuel sales) Granted 3 06/27/95 Change of Zoning (R-20 Residential District to R- Granted 10 Residential District) 4 01/11/88 Conditional Use Permit (truck rental) Withdrawn 10/22/84 Change of Zoning (R-3 Residential District to B-2 Granted Community Business District) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Nelin Brothers — Change of Zoning District Classification MEETING DATE: March 22, 2005 ■ Background: An Ordinance upon Application of Nelin Brothers for a Change of Zoning District Classification from R-20 Residential District to Conditional 0-1 Office District on property located at 2122 General Booth Boulevard (GPIN 24141834440000). The Comprehensive Plan designates this site as being part of the Primary Residential Area (South General Booth Boulevard Corridor), suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. The purpose of the requested modification is to develop the site for an office building. DISTRICT 7 — PRINCESS ANNE ■ Considerations: The applicant wishes to rezone the residentially zoned property to 0-1 Office District to accommodate a 6,000 square foot, one (1) story office building. The parcel is 0.85 acres with approximately 180 feet of frontage along General Booth Boulevard. The office "complex" is proposed with three (3) individual office units within the 6,000 square foot structure, 27 parking spaces, a dumpster, and two (2) stormwater management facilities. The proffer agreement addresses the site layout, landscaping, and elevations of the building. After the Planning Commission's hearing and action on this request, City staff was notified by the property owner of unresolved legal issues between the property owner and applicant, who is a contract purchaser of the parcel. Those issues have a direct bearing on this application. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 11-0 to approve the request, as proffered. Staff recommends that this request be indefinitely deferred pending resolution of a legal dispute between the property owner and the applicant/contract purchaser. Nelin Brothers Page 2of2 ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Recommended Action: Indefinite deferral. Submitting Department/Agency: Planning Department City Manager: 1_ NELIN BROTHERS Agenda Item # 1 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: GPIN: Location and General Information Change of Zoning District Classification from R-20 & R-10 Residential Districts to Conditional 0-1 Office District. Property located on 2122 General Booth Boulevard. 24141834440000 COUNCIL ELECTION DISTRICT: 7 - PRINCESS ANNE • 1 Conditional Zonine Chanee from 1 to Conditional • SITE SIZE: 0.85 acres EXISTING There are two (2) existing structures, formerly single-family dwellings, LAND USE: on the property. Neither structure is in good shape as they have been neglected over time. SURROUNDING North: • Single-family dwellings / R-20 Residential District LAND USE AND South: • Single-family dwellings / R-20 Residential District ZONING: East: • Single-family dwellings / R-20 Residential District Fuel sales, bank, shopping center with mixed retail West: / B-2 Community Business District NATURAL RESOURCE AND The site is sparsely wooded but mostly overgrown with grasses. CULTURAL There do not appear to be any significant environmental resources on FEATURES: the site. AICUZ: The site is in an AICUZ of 65 - 70dB Ldn surrounding NAS Oceana. Summary of Proposa The applicant wishes to rezone the residentially zoned property to 0-1 Office District to accommodate a 6,000 square foot, one (1) story office building. The parcel is 0.85 acres with approximately 180 feet of frontage along General Booth Boulevard. The office "complex" is proposed with three (3) individual office units within the 6,000 square foot structure, 27 parking spaces, a dumpster, and two (2) stormwater management facilities. The proffer agreement addresses the site layout, landscaping, and elevations of the building. Comprehensive Plan The Comprehensive Plan recognizes this site to be within the Primary Residential Area. For properties within Primary Residential Areas, the Plan emphasizes the need to preserve and protect the overall character, economic value and aesthetic quality of the stable neighborhoods, particularly through the avoidance of introducing incompatible uses. Established residential neighborhoods shall be protected against invasive land uses that, due to their activity, intensity, size, hours of operation or other factors, would tend to destabilize them. Proffers? The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER # 1 Development on the site shall conform with that as shown on the exhibit entitled, "Proposed Office Development For General Booth Boulevard," prepared by Engineering Services, Inc., dated October 26, 2004; which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, "Site Plan"). PROFFER # 2 The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibit entitled, "PROPOSED ELEVATIONS NEW OFFICE BUILDING, VIRGINIA BEACH, VIRGINIA," made by Covington/Hendrix Architects, dated 12/03/04, which has been exhibited to the Virginia Beach City Council andris,on NE file with the Virginia Beach Planning Department. PROFFER # 3 All outdoor lighting shall be shielded, deflected and shaded and focused to direct light down onto the premises and away from adjoining property. A photometric plan depicting such lighting shall be submitted to the City of Virginia Beach for approval. PROFFER # 4 Any freestanding sign shall be monument style, no greater than six feet (6') in height with a brick base matching the brick on the exterior of the Office Building. Staff Evaluation of The proffers are adequate. The agreement will ensure that Proffers: the use of the site is limited to office uses that the general appearance of the building and layout of the site will be as presented. City Attorney's The City Attorney's Office has reviewed the proffer Office: agreement dated December 28, 2004, and found it to be legally sufficient and in acceptable legal form. Staff Evaluation Staff recommends approval of this request. The request is consistent with the Comprehensive Plan's recommendations for the area. The Plan emphasizes the need to preserve and protect existing neighborhoods from incompatible uses. Typically, office uses are viewed as a desirable transition from residentially zoned properties to more commercial uses. From beginning, discussions with the applicant stressed the need to follow the recommendations found in the Comprehensive Plan to preserve and protect the overall character, economic value and aesthetic quality of their neighbors and to be mindful to not introduce any uses that could be incompatible with the surrounding properties and uses. As this proposal is a conditional rezoning, the proffer agreement ensures that the submitted elevations and site layout will be adhered to during the construction process. The proffered elevations depict an attractive, single -story building (approximately 27 feet in height) designed with high quality building materials. Elements of good design, minimal height and qua]rty NELIN BROTHERS �►genda: Item:# -1 Page 4 building materials will all aid in negating any negative impacts that a typical multi -story office building, surrounded on three (3) sides by residentially zoned properties, could potentially have on its neighbors in terms of scale, mass, lighting, noise, etc. Smaller, similar requests have been granted in the vicinity, each with an office or retail operation that was a bit more in keeping, in terms of square footage, with a residential dwelling; however, in no case was the proposed operation surrounded entirely by single-family dwellings. While Staff does recognize that the proposed building's footprint is not typically residential in scale, the proffered elevations ensure that the structure will. be one (1) story in height and will have quality design and building materials. The proffers provide a level of predictability as to the ultimate quality, architecture, height and site layout. When combining all components of the proposal, Staff concludes that this office use is compatible with the adjacent properties and is, in fact, the desired land use as compared to other more intrusive, commercial uses. Staff recommends approval of this request as proffered. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes. Supplemental Information Zoning History Conditional Zoning Change from R-20 to Conditional 0-1 # I DATE IREQUEST I ACTION 1 02/10/98 Conditional Use Permit (church) Granted 2 06/11/96 Conditional Use Permit (car wash) Granted 05/19/86 Conditional Use Permit (fuel sales) Granted 3 06/27/95 Change of Zoning (R-20 Residential District to R-10 Granted Residential District) 4 01/11/88 Conditional Use Permit (truck rental) Withdrawn 10/22/84 Change of Zoning (R-3 Residential District to B-2 Granted Community Business District) u -� Public Agency Comments Public Works Master Transportation Plan (MTP): The Master Transportation Plan classifies General Booth Boulevard as a four (4) lane, minor arterial roadway. There are no plans at this time to widen this right-of-way; however, during final site plan review, a reservation will likely be required. Traffic Calculations: Street Name Present Volume Present Capacity Generated Traffic Existing Land Use — 20 ADT General Booth 36,382 14,800 — 27,400 Proposed Land Boulevard ADT' ADT 1 Use 3 — 66 ADT 216 ADT 141 ADT Average Daily i rips gas defined by existing residential zoning 3 (66 ADT) as defined by proposed 6,000 square feet of general office use (216 ADT) as defined by 6,000 square feet of medical office use (141 ADT) as defined by 3,000 square feet for medical office use and 3,000 square feet for general office use Public Utilities Water: There is a 20 inch water transmission line in General Booth Boulevard. City water is not available. Health Department approval will be required for private wells . Sewer: There is a 30 inch Hampton Roads Sanitation District (HRSD) sanitary force main in General Booth Boulevard. City sanitary sewer is not available. Health Department approval is required for septic s stems . Private grinder pumps and force main may be an option. 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 — additional comments at site plan review. NIFF= i u NE Exhibit B - 1 Proposed Site Plan Exhibit B - 2 Proposed Site Plan N Exhibit D -1 Proposed Building Rendering N I;,, It lawm 'am _ was I ®■t® ■ 811 - rl I _ _ ■ E ■w= p� N 0:0 I = ii® '' ONE Exhibit E - 1 Disclosure Statement DISCLOSURE STATEMENT 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) (4d i n rotk-%,k rs , =r, 2. List all businesses that have a parent -subsidiary" or affiliated business entity2 relationship with the applicant: (Attach list if necessary) II 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: i. 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 entity2 relationship with the applicant: (Attach list if necessary) El Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes ConditDnal Rezoning Application Page 11 of 12 Revised 9l1120t14 Exhibit E - 2 Disclosure Statement DISCLOSURE'STATEMEW 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) Moody Stallings - Attorney ' "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 (ii) there is shared management or control. between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working: relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. FCERTIFICATION: I certify that the information contained herein is true and accurate. erstand that, upon receipt of notification (postcard) that the application has been duled for public hearing, l am responsible for obtaining and posting the required on the subject property at least 30 days prior to the scheduled public hearing rd' g to the instructions in this package. Appicant's Signature Print Name ASSeu- 4 A-641�IsY Property Owner's Signature (if different than applicant) i Print Name Conditional Rezoning Application Page 13 of 12 Item #1 Nelin Brothers Change of Zoning District Classification 2122 General Booth Boulevard District 7 Princess Anne February 9, 2005 REGULAR Dorothy Wood: We will now go to our regular agenda. Our Secretary, Mr. Strange will call the first item. Joseph Strange: The first item is Item #1 Nelin Brothers, an application for a Change of Zoning District Classification from R-20 Residential District to 0-1 Office District on property located at 2122 General Booth Boulevard, District 7, Princess Anne. Dorothy Wood: Is there anyone here representing? Good morning sir. Greg Johnson: Hello. Good afternoon Madame Chairman and members of the Planning Commission. My name is Greg Johnson. I'm with the engineering firm of Engineering Services of Virginia Beach. Before I get going, I'd like to thank Carolyn Smith for helping us with this application. We've met -with her several times and tried to work through several issues. Today I'm representing Greg and Bob Nelin, who are in attendance. We come to you today to request that you recommend to City Council that the 0.88-acre parcel be rezoned from R-10 & R-20 to 0-1, with conditions. We provided four proffers with our request. The proposed office building will be the office of Nelin Brothers Building Company with other offices for rent. Because the office will be theirs, they want it to be attractive and blend with the adjacent residential area. As you can see from the renderings, the office does have a residential appearance. Bob Nelin, about two weeks ago, did meet with the neighbors to introduce himself, describe their project, and tell them of today's meeting. Some of the neighbors are here today to voice their concerns. Nelin Brothers commit to working with the neighbors to address their concerns to the fullest extent possible. We hope to become a very good neighbor. In talking with the neighbors this morning, we learned that they did have several concerns, which we can address later. I'll be happy to answer any questions. Dorothy Wood: Thank you. Are there any questions? Sir, we don't have anyone signed up. Janice Anderson: I'm sorry. Did you say that you met with them prior to this or just this morning? Item #1 Nelin Brothers Page 2 Greg Johnson: We met about three weeks ago with them, Bob and Greg Nelin did and then we met again this morning. Joseph Strange: We don't have anyone speaking in opposition. Dorothy Wood: Are you in opposition sir? James Hibberd: Chairman Wood if I may. I didn't understand the format. I said that I was in conjunction with these gentlemen rather than in opposition. I was in support. I am in opposition. I will clarify the issue. Dorothy Wood: Okay sir. Thank you. Joseph Strange: Your name is? James Hibberd: My name is James Hibberd. Joseph Strange: Speaking in support we have Bobby Nelin. Bobby Nelin: Madame Commissioner and Planning Commission. My name is Bobby Nelin. I'm a custom homebuilder of a relatively small firm that consists of my brother Greg and our boss, our mom, who is our office manager. I lived here now for 15 years. I live in this corridor. I've seen a lot of changes, as I'm sure everybody else has, and we're working to put a good name of our office in this area. I've met with some of the neighbors. A couple of weeks ago, I went to the neighbors that joined our properties. I gave them some renderings, and asked them if they had any questions to please call me. I did speak to Mrs. Hipp, who is here today, and talked to her about the possibility of doing some landscaping. This will be for us, as we build custom homes, very important for us to put our best foot forward. We want to make this fit in. We plan on doing some very nice landscaping and we've taken into a lot of consideration different things on our renderings. I'll be happy to answer any questions. Thank you. Dorothy Wood: You're a lucky man to work with your mother. Bobby Nelin: As I am. She doesn't give me the checkbook. Joseph Strange: Speaking in opposition we have James Hibberd. James Hibberd: Madame Chairman and members of the Board thank you for hearing us today. The confusion on the court basically stems from the fact that after meeting with Nelin Brothers we find that Carolyn Smith has taken a great deal of time to make sure that they're looking out for our best interest and it seems like this is the type of thing that, if progress is inevitable, this might be the best thing for our Item #1 Nelin Brothers Page 3 neighborhood. We do have some concerns. During the construction phase, some of the concerns are, and maybe I should introduce myself briefly, just to say that I was the second home in the neighborhood. We've been there seven years so we've seen the thing go from nothing from flat pasture land, Hickman Farm, to something that has become a beautiful community. All of the neighbors get along just great there. But, some of the concerns expressed by some of the people that we're working with here include parking on Hickman Arch. The concern that because, as you can see from the corner there, the very corner of the property is right on Hickman Arch there. That is a port into our neighborhood. And, we're concerned that construction guys of any kind are going to come and start parking along that neighborhood corner there and create some construction traffic there that is going to be not so safe for the children. We have probably 50-60 children in that neighborhood of 25 or 30 homes. And, so were concerned about the parking. We're concerned about the construction noises and were hoping that maybe we could ask these gentlemen to restrict their construction to daytime hours, business hours, I should say within reason. Because it is a residential area we were hoping that they would have a porta-potty on the location, these types of things. For the long term, we have some other concerns. We're concerned number one that this structure is probably somewhat too big for the property. We were hoping that might be looked at. It's a huge 6,000 square foot structure and there is only a 190 linear feet along General Booth Boulevard so we're wondering'if that is appropriate as far as size and space, and everything. Another thing that we're very concerned about is there is a dumpster to be placed on the property, if I may? Dorothy Wood: There is a pointer there sir? Greg Johnson: At this location right here is a dumpster, which you can see is in view of the porch that we sit on in the evening when we talk. So we're concerned that perhaps it would be better, if possible to relocate that dumpster just to the other side of the property. I know that it will put it near to another neighbor but this is their backyard and less likely to impact them as it would to this homeowner here. So, that's the second major concern. We're concerned that once the building is built and once the Nelin Brothers are in good shape that down the road it might be rezoned. And, we're concerned that although it might support office space, this is not a good space for commercial area. We're hoping that somehow you can note that in the documents to make sure that it is not rezoned and that it maintains that overall residential character. We're all concerned about our property values. We're hoping that you'll enjoin the Nelin Brothers to make sure that everything is absolutely top notch as possible. Based on our conversation this morning, I'm sure that is possible. These seem to be good guys but we're hoping they'll put it in writing somewhere. Another big concern is drainage. We have in the past seven years 4 or 5 major floods of the streets in that area. They were on the news several times. The intersection of Agecroft Road and Red Mill Boulevard, which is north and east of the location specified here is all adjoining to the same flood area, and we're concerned that the city's pipes in that area are not sufficient to the amount of Item #1 Nelin Brothers Page 4 square footage of the asphalt that is there. We are hoping that somebody, like a traffic engineer or a flood- water engineer could take a look at that. And, then we're also concerned about traffic. There are two types of traffic. We're concerned about traffic on General Booth Boulevard. If I'm not mistaken, that intersection of General Booth and London Bridge is probably the second worse traffic accident area in the City with Dam Neck, a mile down the road being the worse. We're concerned about that turnoff into that area is going to be a problem, and it is going to create additional traffic concerns. We're also concerned about foot traffic. We're concerned that it is going to create a natural walkway for people to walk through from General Booth Boulevard right through our neighborhood, where before we had a fairly tight community, and there was fairly restricted traffic in through there. In that respect, we were hoping that the Nelin Brothers might actually put some gates from the building over to the side fence on each side to prevent foot traffic through there. Maybe that would cut down on that kind of a problem. And lastly, in the area of appearance, we were hoping that they might have some trees. Something in the 12 foot to kind of hide the building a little bit on the back side and along the sides to just kind of decorate up the building a little bit. I think that addresses all of our concerns and I appreciate your time in considering these issues. Dorothy Wood: We appreciate you coming sir. I know that you were concerned about the porta-potty. That is required by the building code. Greg Johnson: Okay. Dorothy Wood: While they are doing the construction they will have to have a porta-potty. James Hibberd: During the times that my home was observing all the construction going on there were some issues there. I appreciate that. Dorothy Wood: Would you please answer any questions from the Planning Commission? James Hibberd: Of course any questions you might have. Dorothy Wood: I don't think there are any. Ronald Ripley: I don't have any questions. Dorothy Wood: Thank you sir for coming down. Are there any comments? Does the applicant want to say a few words? Greg Johnson: I'll address a couple of items. I don't know if I'll get them all here today. Parking along Hickman Arch would not be allowed, I don't think by the building inspectors, and Nelin Brothers have no problem with there will be no Item #1 Nelin Brothers Page 5 parking there. Construction noise we can limit construction between 8 to 5 and all business hours. The large building issue, and we tried to work with Planning Department and Carolyn Smith about size in this particular building, and have looked at it at different angles. And, to be honest it is a matter of economics trying to make things work as far as size and what would be appropriate. We think we have a nice size building. It will be presented very well once it is there, if it's the Commission's desire. The dumpster pad and there is a reason why the dumpster pad being on that side. The drainage outfalls is in that direction, and there is additional space where the BMP against Hickman Arch would be and that was the reason for the location of the dumpster pad on that side. Add to that, we did intend to have fencing around it so you can see it directly. There will be landscaping around it as well. Property values were mentioned and also future rezoning. I'll skip over that. Neighborhood flooding? There is a large BMP in the area and honestly I don't know the full ramification of that. It would be something that I would have to check with the City engineers on. Traffic? We did check with traffic engineering on this issue. We are well under the city's traffic engineering criteria for right turn lanes even if the whole building were commercial and it won't be. So, I think we got that issue pretty much squared a way, and we have talked to Traffic Engineering. Pedestrian traffic? We will be happy to work with the neighbors to inhibit people walking through the property and going from Hickman Arch toward commercial area. We'll be happy to work with them on that, and also as far as the appearance in the rear. We want to work with the neighbors. We want to be good neighbors with them, and be happy to work with them on the final selection of plantings. Dorothy Wood: Thank you sir. We appreciate it. Are there any questions? William Din: Mr. Johnson, how many tenants do you intend to have in this office? Greg Johnson: Three. There will be the Nelin Brothers, and then I think there are two other compartments. William Din: Is there a real need for a dumpster on this location? Greg Johnson: I think we're trying to meet city criteria on that. William Din: I notice that you do have commercial landscaping facing toward your building. Is there any additional landscaping to be provided on the residence side? Greg Johnson: I'm sure we could work out something. Unfortunately, I'm not a landscape architect but yes we will be happy to work with them to try to come up with a good solution. William Din: Is there a fence around this property already? Item #1 Nelin Brothers Page 6 Greg Johnson: In part there is. Not all the way around, and I wish I had a pointer. Dorothy Wood: There is one right there. Greg Johnson: Okay. I believe there is a fence starting here coming around this way, ending up this way, and there is a fence starting about right here and coming up this way. And, we talked to the neighbor here this morning about the possibility of improving the fence here, and we would be most happy to do that. In fact, that would help us and help them. As far as extending a fence out to the road, I don't know if we can do that and meet city criteria. So, we'll be happy to work with them as far as fencing along this rear as best we can, and do want to be a good neighbor, and have a good appearance from that street. William Din: So you wouldn't have any objection to putting additional fencing around the rear of the property to keep any cross traffic from going through or anything like that? Greg Johnson: No. If I can, right now we have a BMP at that corner. And wishfully thinking today, you can try to be creative with different ways of doing things. I haven't been able to talk about this yet. I would like to have the latitude, if we can make something a little bit different as far as the BMP is concerned, and round that landscaping off instead of having that point, I'd like to have a chance to do that. Maybe we can work something out. William Din: I'm sure you can. You will have to speak to, is it Carolyn you've been working with? Greg Johnson: Yes. Carolyn Smith is whom we've been working with. William Din: Okay. Thank you. Dorothy Wood: Is there any other questions? Ron. Ronald Ripley: The fencing that you talked about in the corner of Hickman Arch, is that what you all were just talking about? Greg Johnson: Yes. Ronald Ripley: I think the concern that the neighbor raised about construction traffic. You know, construction of in fill lots are a problem -more difficult than construction than traffic because what happens is the subcontractors just park all over where they want to. The general is not always. They just show up and park in the middle of the road. It's amazing. I would like to see whatever barrier is going to be put up, be put up at the beginning of construction, not at the end of construction so that barrier is maintained and subcontractors stay out of that area. Item #1 Nelin Brothers Page 7 Because if I lived over in that area and I had all these trucks over there, it would drive me nuts. They're just going to find a way to park on site. Greg Johnson: In fact, at this morning's meeting with some of the residents, that issue was raised. We said that a six-foot construction fence would be best but then we run the interference of having a high fence against an existing right-of-way. We found out this morning through Carolyn Smith's help, thank you, they would allow to temporarily have a six foot fence up to that corner so it would be our intention to go ahead and have a six foot construction fence to keep that part segregated from the neighborhood. Ronald Ripley: That would be really good. Moving the dumpster and I can understand what you'r a saying. I think you could offer that would be really good if you could just have regular trash pickup on the road. Dorothy Wood: Mr. Miller. Robert Miller: A couple of things to address Greg. I really think the dumpster does need to be moved and you all need to take a look at how you can move it to another part of the site. I know there are some options there. I know they are somewhat ® constraining and I understand that it is not a big site but you got very little room to work with. Please look at that because I think that is something. The fencing and I'm not clear. Is the ultimate situation that we have fencing around this property? Carolyn? It's not? Right? Greg Johnson: It's not right now. Robert Miller: It's not proposed to have fence around the property? Greg Johnson: No. We were going to go with landscaping. Robert Miller: It seems like that would be a logical conclusion that we come to and that would stop any security concerns with people walking through. It would prevent any possibility of the two different uses coming together somewhere or the other. I again, just want you to consider that. The rezoning to business later on that was brought up by Mr. Hibberd and that is something that we control obviously and City Council controls it. I don't see that happening in the future. It is a tight little site, a great location. I think working with the neighbors that you end up in a very positive position. I'm in favor of the proposal and I'll make a motion when it is appropriate. Dorothy Wood: Do you want to sponsor that gentleman? Robert Miller: If he wants to come back up. Sure. Item #1 Nelin Brothers Page 8 Dorothy Wood: Thank you sir. James Hibberd: Thank you Madame Chairman and your comments Mr. Miller. Dorothy Wood: Please give your name again. James Hibberd: My name is James Hibberd. There are two things to talk to you about. Number one I wanted to let you know that I do have some people from Red Mill, and if everybody would stand up for second. Thank you very much. They have all come and helped me compile this list so I haven't done all the work by myself. The second thing that I wanted to point out is that we feel although the chain link fence across the back of the property protecting that very corner of Hickman Arch, we think that would be wonderful prior to and during all of the construction phases because it would keep anybody from being tempted to park on the other side of the property and just hop over the line there. We also feel, as a group that having a fence permanently around there would take away from the residential feel of the neighborhood, and that since if you looked at the elevations that are on this particular piece of property. They have done a nice job making it look like a house. So it would be okay for us to look at a house. We wouldn't necessary mind not having a fence there but we would like someway of connecting those sides of this building to the existing fencing that are there to keep it from becoming a thruway, which would be a short cut for people to cut through to the commercial areas. Dorothy Wood: Thank you sir. James Hibberd: Thank you ma'am. Dorothy Wood: Bob. Robert Miller: With that, I would make a motion to approve Item #1, Nelin Brothers and I think the comments that have been said would be passed on to you all, and addressed through the conversations with the residents. Dorothy Wood: Thank you. Do I hear a second? Donald Horsley: Second. Dorothy Wood: Mr. Horsely has seconded Mr. Miller's motion. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE CRABTREE AYE Item #1 Nelin Brothers Page 9 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 application of the Nelin Brothers. Dorothy Wood: Thank you all for coming. We certainly appreciate you coming down and I hope you didn't have to wait too long. Thank you. 0�,e Cf,46Wtl,�s 5W-4-1 It�7t7� & P. C', � /?4905 Nelin Brothers proposed construction of an office building at 2122 General Booth Blvd. in a residential suburban neighborhood. Questions: - How long will the project take from start to finish - Where do you plan to have the workers park during the day? We ask that Hickman Arch is NOT to be turned into a parking lot of cars and equipment. We have alot of children, pets, joggers, and walkers, on this street. Don't take this away from us. We are requesting that you have respect for our neighborhood, especially for the protection and safety of our children and homes. We are a close knit neighborhood of hard working people. You cannot just move into the neighborhood and disrupt the peace and harmony that has been long established. As in any neighborhood that one moves into, you respect us and we will respect you. That's the neighborly way. We do have some major concerns, mostly safety issues. - Will having a commercial business decrease the value of our homes? We all take pride in our homes. They are well taken care of, well landscaped and our street is clean and well maintained. We are requesting (would like to have in writing if possible) that you, as the new neighbor, will respect our wishes. Keep your site clean. After the project is complete, your building is well maintained and landscaped to compliment the rest of the neighbors homes. - NO parking of workers vehicles on Hickman Arch while construction is going on. This, mostly in part, for the protection of the kids getting on and off the school buses and playing after school. After all, you are taking away their play area. - A 9 to 12 foot fence placed around the construction site at the beginning of the project. To protect our homes from all the debris, ® trash and dust. As well as, to keep the workers from wandering, or loitering into our yards, throwing their trash (beer bottles, lunch bags, etc.) and using the bathroom. Our children do not need to be exposed to this! Nor do any of the residence. - In writing, a guarantee that there will not be a thru way or driveway for traffic to use Hickman Arch to access to your business. This is a huge safety concern...... - What are your plans for lighting around your building? Concern is for protection of our properties from crime, such as burglary or looting. - Will there be a security guard posted during construction? - How do you propose the access into your building from General Booth Blvd. to prevent accidents? During the summer there are twice as many accidents that happen in that particular area.(right before the light) Now with cars needing to slow down to enter a business, this may cause more problems. The proposed building is very close to the traffic light and the turn thru crossing from Strawbridge shopping center. Thank you W In Reply Refer To Our File No. DF-6096 TO: FROM: as Leslie L. Lilley William M. Macali 6V CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: February 10, 2005 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; Nelin Brothers, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on March 22, 2005. I have reviewed the subject proffer agreement, dated December 28, 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 TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia Beach, VA THIS PROFFER AGREEMENT, made this 28th day of December, 2004 by and between NELIN BROTHERS, INC., A Virginia corporation, (contract purchaser, herein referred to as "Nelin Brothers"), Russell Lee Rainey (owner in fee simple), Grantor; and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee; WITNESSETH THAT: WHEREAS, Nelin Brothers has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of Nelin Brothers addressed to the Grantee, so as to rezone Grantor's property, from R-10 and R-20 to 0-1 Conditional on certain property located in the Princess Anne Borough of the City of Virginia Beach, Virginia; said property being more particularly described in the attached Exhibit A; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including industrial purposes, through zoning and other land development legislation; and WHEREAS, the Grantor and Nelin Brothers acknowledge that in order to Prepared by: Kevin M. Brunick, Esquire Stallings & Bischoff, P.C. 2101 Parks Avenue, Suite 801 Virginia Beach, VA 23451 (757)422-4700 GPIN# 2414-18-3444 recognize the effects of change, and the need for various types of uses, including a specific conditional purpose for the development of the property with strictly limited uses rather than the existing uses allowed by the existing 0-1 zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land in the 0-1 zoning classification are needed to cope with the situation to which the Grantor's proposed development gives rise; and WHEREAS, the Grantor and Nelin Brothers 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, in addition to the regulation provided for in the 0-1 Zoning District or zone by the existing overall City Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is generated by the rezoning and proposed development; and WHEREAS, said conditions having been proffered by the Grantor and Nelin Brothers 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 a 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 an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of 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 himself, his successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, .building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the subject property and governing the use thereof and hereby covenants and agrees that this declaration 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, their successors, personal representatives, assigns, grantees,, and other successors in interest or title, namely: The following shall be substantially adhered to, however, 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, including the City Arborist, to meeting all applicable city Code requirements: 1. Development on the site shall conform with that as shown on the exhibit entitled, "Proposed Office Development For General Booth Boulevard" prepared by Engineering Services, Inc., dated October 26, 2004; 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. The architectural design of the office building depicted on the Site Plan will be as depicted on the exhibit entitled, "PROPOSED ELEVATIONS NEW OFFICE BUILDING, VIRGINIA BEACH, VIRGINIA", made by Covington/Hendrix Architects, dated 12/03/04, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property. A photometric plan depicting such lighting shall be submitted to the City of Virginia Beach for approval. 4. Any freestanding sign shall be monument style, no greater than six feet (6') in height with a brick base matching the brick on the exterior of the Office Building. 5. It is recognized that further conditions may be required during the application of City ordinances and that there will be detailed site plan review to meet all applicable City codes, and that further conditions may be required during the administration of applicable City ordinances. 6. All references hereinabove to 0-1 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 City Council action approving the amendment sought by the Grantor, which is by this reference incorporated herein. 7. The Grantor and Nelin Brothers 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, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to insure 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, the Grantor shall petition to 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 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 names of the Grantor and Grantee. Witness the following signatures and seals. NELIN BROTHERS, INC. : BAZ?171- Y President ,#---pRY Russell Lee Rainey COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, the undersigned Notary Public in and for the Commonwealth of Virginia at Large, do hereby certify that QcW_Q_'r k),U K4.Ls 1-1 _, President of Nelin Brothers, Inc., a Virginia corporation, whose nanle is signed to the foregoing instrument, �Baring date on the 28`h day of December, 2004, has acknowledged the same before me in ' *N isdiction aforesaid and who is personally known to me. under my hand My commission expires:03 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: day of ?Ce`n be rL- .200 I, the undersigned Notary Public in and for the Commonwealth of Virginia at Large, do hereby certify that Russell Lee Rainey, whose name is signed to the foregoing instrument, bearing date on the 281h day of December, 2004, has acknowledged the same before me in the jurisdiction aforesaid and who is personally known to me. Given under my hand this g_ day of .20 /zx_e4� (-�_ >10'e Notary Public My commission expires: 8 6 Legal Description: 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 known, numbered and designated as Parcel 6 as shown on that certain plat entitled, "Subdivision of Property of Charles Carlton Hickman and Russell Lee Rainey, Princess Anne borough, Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 248, at pages 24 and 25. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I M B L DATE: March 8, 2005 D C C M E R S C L A W I J L A N R H N I E D O A D D E M U L W Z Y N N D O E I E S O AGENDA E L E R E S A N O X R F V E D T V A O N O D ITEM # SUBJECT MOTION VOTE I BRIEFINGS: A OLD BEACH DISTRICT MASTER PLAN Robert Scott, Dir, Dept of Planning B KROC and SALVATION ARMY Cindy Curtis, Dir, COMMUNITY .CENTER SITES Dept of Parks & Recreation C NEIGHBORHOOD CHANNEL Dean Block, Dir, DREDGING Dept of Public Works I1/III/ CERTIFICATION OF CLOSED Certified 9-0 Y Y A Y A Y Y Y Y Y Y IVN SESSION /E F MINUTES 1 INFORMAL AND FORMAL SESSION Approved 9-0 Y Y A Y A Y Y Y Y Y Y March 1, 2005 G/H/ Ordinance to AMEND Chapters 1-2/ 6-3/ DENIED, BY 9-0 Y Y A Y A Y Y Y Y Y Y UI 6-5/ 6-10/ 6-30/ 6-114 /31-28 of City CONSENT Code re definition of "resort season" 2 Ordinance to AMEND City's Open Air ADOPTED , BY 9-0 Y Y A Y A Y Y Y Y Y Y Cafe regulations to AUTHORIZE CONSENT, AS Atlantic Ave sidewalk cafes between 15t° REVISED, / 20 Sts / ESTABLISH penalties for failure to comply 3 Ordinance to TRANSFER $2,000,000/ ADOPTED , BY 9-0 Y Y A Y A Y Y Y Y Y Y $9,138 to "Police Training Facility" re CONSENT, Blackwater Lodge / Training Center / AUTHORIZE services contract 4 Ordinance to AUTHORIZE ADOPTED , BY 9-0 Y Y A Y A Y Y Y Y Y Y encroachment into portion of the r-o-W at CONSENT, 904 Verano Court by JAMES R/ MARLYN V. BROOKS to construct / maintain a pier. (DISTRICT 7 — PRINCESS ANNE 5 Resolution to ESTABLISH public's ADOPTED , BY 9-0 Y Y A Y A Y Y Y Y Y Y interest in Cape Henry Beach / CONSENT, AUTHORIZE dedicated public beach easements / erosion plan J/1 Variance to §4.4 (b) of Subdivision APPROVED 9-0 Y Y A Y A Y Y Y Y Y Y Ordinance that all lots meet CZO for /CONDITIONED, RONALD LEE / PENNY MICHELE BY CONSENT, CASON at 6476 Knotts Island Rd. DISTRICT 7 — PRINCESS ANNE 2 SENTARA HEALTHCARE at Concert APPROVED AS 9-0 Y Y A Y A Y Y Y Y Y Y Dr / Princess Anne Rd: (DISTRICT 7 — PROFFERED/ PRINCESS ANNE) CONDITIONED, a COZ from Conditional 0-2 to Conditional B-2 b CUP services other than those permitted as principal uses PAGE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS V O I M B L DATE: March 8, 2005 C E S L D C M R C A W I J L A N R H N I E D O A D D E M U L W Z Y N N D O E I E S O AGENDA E E E A O R V D V O O ITEM # SUBJECT MOTION VOTE L R S N X F E T A N D c Resolution to AUTHORIZE a First ADOPTED 9-0 Y Y A Y A Y Y Y Y Y Y Amendment re Sentara Healthcare Development Agreement 3 SNYDER FAMILY TRUST at Clearfield Ave / Virginia Beach Blvd: (DISTRICT 2 — KEMPSVILLE) a COZ from R-7.5 to Conditional B-2 to APPROVED AS 8-1 Y Y A N A Y Y Y Y Y Y expand an existing auto sales /repair PROFFERED/ CONDITIONED, b Modification of Conditions for CUP MODIFIED, BY 8-1 Y Y A N A Y Y Y Y Y Y approved 10/23/01 CONSENT, to incorporate 3 rezoned parcels into whole project, 4 WORD OF LIFE FAMILY WORSHIP APPROVED/ 9-0 Y Y A Y A Y Y Y Y Y Y CENTER for CUP re church at 4726 CONDITIONED, Larkspur Square Shopping Center. BY CONSENT, ISTRICT 2 — KEMPSVILLE 5 TIDEWATER INSTITUTE OF DEFERRED TO 9-0 Y Y A Y A Y Y Y Y Y Y SPORTS, L.L.C. for COP re 3/22/05, BY recreational facility at Harpers Rd / Dam CONSENT, Neck Rd. ISTRICT 6 — BEACH PERFECTING SAINTS WORSHIP APPROVED/ 9-0 Y Y A Y A Y Y Y Y Y Y CENTER for CUP re church at 620 CONDITIONED, Baker Road. (DISTRICT 2 — BY CONSENT, KEMPSVILLE 7 GARDEN OF THE PINES for CUP re APPROVED/ 9-0 Y Y A Y A Y Y Y Y Y Y pet crematory at 2685 Salem Rd CONDITIONED, (DISTRICT 7 — PRINCESS ANNE) BY CONSENT, K APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S 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 LIM/ ADJOURNMENT: 6:45PM N/ j M. 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 Open Space Subcommittee Parks and Recreation Commission Performing Arts Theatre Advisory Committee Personnel Board The Planning Council Towing Advisory Board N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 4274305 (TDD - Telephonic Device for the Deaf) Agenda www.vbgov.com 03/17/2005\gw